[Added 5-7-2018 ATM by
Art. 33]
The purpose of this bylaw is to promote the creation of new
large-scale ground-mounted solar photovoltaic installations (250kW
or larger and covering at least one acre in size) by providing standards
for the placement, design, construction, operation, monitoring, modification
and removal of such installations to address public safety, minimize
impacts on scenic, natural and historic resources, and provide adequate
financial assurance for the eventual decommissioning of such installations.
The provisions set forth in this section shall apply to the construction,
operation, and/or repair of large-scale ground-mounted solar photovoltaic
installations. This section shall apply to large-scale ground-mounted
solar photovoltaic installations proposed for construction after the
effective date of this section. This section shall also pertain to
physical modifications that materially alter the type, configuration,
or size of these installations or related equipment.
As used in this article, the following terms shall have the
meanings indicated:
As-of-right siting shall mean that development may proceed
without the need for a special permit, variance, amendment, waiver,
or other discretionary approval. As-of-right development may be subject
to large-scale solar review to determine conformance with local zoning
ordinances or bylaws. Projects subject to large-scale solar review
cannot be prohibited, but can be reasonably regulated by the building
commissioner or local inspector.
The location designated by the Zoning Bylaw, in accordance
with Massachusetts General Laws Chapter 40A, § 5, where
large-scale ground-mounted solar photovoltaic installations may be
sited as-of-right. Said location(s) are shown on the Zoning Map of
Harwich pursuant to Massachusetts General Laws Chapter 40A, § 4.
This map is hereby made a part of this section and is on file in the
Office of the Town Clerk.
A solar photovoltaic system that is structurally mounted
on the ground and is not roof-mounted, and has a minimum nameplate
capacity of 250 kW DC. All large-scale ground-mounted solar photovoltaic
installations shall be owned and operated by either the Town of Harwich
or under agreements with the Town of Harwich.
A review by the Planning Board to determine conformance with
local zoning ordinances or bylaws.
A solar photovoltaic installation that is constructed at
a location where other uses of the underlying property occur.
The maximum rated output of the electric power production
of the photovoltaic system in direct current (DC).
An arrangement of solar photovoltaic panels.
Prior to construction, installation or modification, large-scale
ground-mounted solar photovoltaic installations with 250 kW or larger
nameplate capacity shall undergo large-scale solar review by the Planning
Board as provided below. In accordance with Section 22(c) of the Massachusetts
Green Communities Act, large-scale solar review shall be expedited
and no decision shall be rendered more than one year after the date
of the application.
A.
Compliance with laws, ordinances and regulations. The construction
and operation of all large-scale ground-mounted solar photovoltaic
installations shall be consistent with all applicable local, state
and federal requirements, including but not limited to all applicable
safety, construction, electrical, and communications requirements.
All buildings and fixtures forming part of the installation shall
be constructed in accordance with the State Building Code. No large-scale
ground-mounted solar photovoltaic installation shall be constructed,
installed or modified without first obtaining a building permit.
B.
Large-scale solar review application and plan requirements. All applications
and plans shall be filed with the Planning Board.
(1)
Two copies of a properly executed application for large-scale
solar review, along with a filing fee of $525.
(2)
Twelve copies of site plan(s), prepared by a Registered Land
Surveyor licensed in the Commonwealth of Massachusetts, at a scale
of one inch equals 40 feet, including:
(a)
North arrow and locus map;
(b)
Property boundaries;
(c)
Name/description of project;
(d)
Topography, both existing and proposed, including proposed drainage;
(e)
Zoning designation;
(f)
Location of proposed structures, drives, etc., including setbacks;
(g)
Sign(s) location(s);
(h)
Landscaping, both existing and proposed;
(i)
Lighting, including locations, type and wattage.
(3)
Twelve copies each of the following:
(a)
Plans or drawings of the large-scale ground-mounted solar photovoltaic
installation prepared by a registered professional engineer licensed
in the Commonwealth of Massachusetts, showing the proposed layout
of the system and any potential shading from nearby structures;
(b)
One- or three-line electrical diagram detailing the large-scale
ground-mounted solar photovoltaic installation, associated components,
and electrical interconnection methods, with all National Electrical
Code compliant disconnects and overcurrent devices;
(c)
Documentation of the major system components to be used, including
the PV panels, mounting system, and inverter(s);
(d)
Documentation of actual or prospective access and control of
the project site sufficient to allow for construction and operation
of the proposed solar photovoltaic installation;
(f)
Proof of liability insurance;
(h)
A public outreach plan, including project development timeline,
which indicates how the project proponent will meet the required site
plan review notification procedures and otherwise inform abutters
and the community.
C.
Waiver of requirements. Upon written request submitted as part of
the application, the Planning Board may waive any requirements.
The project proponent shall submit a plan for the operation
and maintenance of the large-scale ground-mounted solar photovoltaic
installation, which shall include measures for maintaining safe access
to the installation, stormwater controls, as well as general procedures
for operational maintenance of the installation.
No large-scale ground-mounted solar photovoltaic installation
shall be constructed until evidence has been given to the Planning
Board that the utility company that operates the electrical grid where
the installation is to be located has been informed of the installation
owner or operator's intent to install an interconnected customer-owned
generator. Off-grid systems shall be exempt from this requirement.
A.
Setbacks. Setbacks from all boundary lines shall be a minimum of
50 feet.
B.
Appurtenant structures. All appurtenant structures to large-scale
ground-mounted solar photovoltaic installations shall be subject to
reasonable regulations concerning the bulk and height of structures,
lot area, setbacks, open space, parking and building coverage requirements.
All such appurtenant structures, including, but not limited to, equipment
shelters, storage facilities, transformers, and substations, shall
be architecturally compatible with each other. Whenever reasonable,
structures should be shaded from view by vegetation and/or joined
or clustered to avoid adverse visual impacts.
A.
Lighting. Lighting of large-scale ground-mounted solar photovoltaic
installations shall be consistent with local, state and federal law.
Lighting of other parts of the installation, such as appurtenant structures,
shall be limited to that required for safety and operational purposes,
and shall be reasonably shielded from abutting properties. Where feasible,
lighting of the large-scale ground-mounted solar photovoltaic installation
shall be directed downward and shall incorporate full cut-off fixtures
to reduce light pollution.
B.
Signage. Signs on large-scale ground-mounted solar photovoltaic installations
shall comply with a Harwich Sign Code. A sign that identifies the
owner and provides a twenty-four-hour emergency contact phone number
shall be required. Large-scale ground-mounted solar photovoltaic installations
shall not be used for displaying any advertising except for reasonable
identification of the manufacturer or operator of the installation.
C.
Utility connections. Reasonable efforts, as determined by the Planning
Board, shall be made to place all utility connections for the large-scale
ground-mounted solar photovoltaic installation underground, depending
on appropriate soil conditions, shape, and topography of the site
and any requirements of the utility provider. Electrical transformers
for utility interconnections may be above ground if required by the
utility provider.
D.
Design standards for accessory residential photovoltaic arrays.
[Added 5-1-2023 ATM by Art. 39]
(1)
Accessory residential rooftop solar installations. Accessory
residential rooftop solar installations are allowed by right in all
residential Zoning Districts. Solar panels shall not extend over the
edge of the roof and shall not extend above the ridge line of the
roof.
(2)
Accessory residential ground-mounted solar installations. Accessory
residential ground-mounted solar installations are allowed by right
in all residential Zoning Districts contingent upon the following
requirements:
(a)
Setbacks. Accessory residential ground-mounted solar panels
must comply with all of the setback requirements in the applicable
Zoning District.
(b)
Height. Accessory residential ground-mounted solar panels shall
not exceed 15 feet in height.
(c)
Screening. Accessory residential ground-mounted solar panels
shall be screened from view from any public or private way. The solar
installation shall be screened with a minimum of six-foot-high solid
fence or densely planted evergreen buffer.
(d)
Location. Accessory residential ground-mounted solar panels
shall be mounted in the rear yard behind the rear building line.
A.
Emergency services. The large-scale ground-mounted solar photovoltaic
installation owner or operator shall provide a copy of the project
summary, electrical schematic, and site plan to the Harwich Fire Chief.
Upon request, the owner or operator shall cooperate with local emergency
services in developing an emergency response plan. All means of shutting
down the installation shall be clearly marked. The owner or operator
shall identify a responsible person for public inquiries throughout
the life of the installation.
B.
Land clearing, soil erosion and habitat impacts. Clearing of natural
vegetation shall be limited to what is necessary for the construction,
operation and maintenance of the large-scale ground-mounted solar
photovoltaic installation or otherwise prescribed by applicable laws,
regulations, and bylaws.
A.
Large-scale ground-mounted solar photovoltaic installation conditions.
The large-scale ground-mounted solar photovoltaic installation owner
or operator shall maintain the facility in good condition. Maintenance
shall include, but not be limited to, painting, structural repairs,
and integrity of security measures. Site access shall be maintained
to a level acceptable to the Harwich Fire Chief and Emergency Medical
Services. The owner or operator shall be responsible for the cost
of maintaining the installation and any access road(s), unless accepted
as a public way.
B.
Modifications. All material modifications to a large-scale ground-mounted
solar photovoltaic installation made after issuance of the required
building permit shall require approval by the Planning Board.
A.
Removal requirements. Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned consistent with § 325-147B shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the large-scale solar review authority by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
(1)
Physical removal of all large-scale ground-mounted solar photovoltaic
installations, structures, equipment, security barriers and transmission
lines from the site.
(2)
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations.
(3)
Stabilization or revegetation of the site as necessary to minimize
erosion. The large-scale solar review authority may allow the owner
or operator to leave landscaping or designated below-grade foundations
in order to minimize erosion and disruption to vegetation.
B.
Abandonment. Absent notice of a proposed date of decommissioning
or written notice of extenuating circumstances, the large-scale ground-mounted
solar photovoltaic installation shall be considered abandoned when
it fails to operate for more than one year without the written consent
of the Planning Board. If the owner or operator of the large-scale
ground-mounted solar photovoltaic installation fails to remove the
installation in accordance with the requirements of this section within
150 days of abandonment or the proposed date of decommissioning, the
Town may enter the property and physically remove the installation.
Proponents of large-scale ground-mounted solar photovoltaic
projects shall provide a form of surety, either through escrow account,
bond or otherwise, to cover the cost of removal in the event the Town
must remove the installation and remediate the landscape, in an amount
and form determined to be reasonable by Planning Board, but in no
event to exceed more than 125% of the cost of removal and compliance
with the additional requirements set forth herein, as determined by
the project proponent. Such surety will not be required for municipally
or state-owned facilities. The project proponent shall submit a fully
inclusive estimate of the costs associated with removal, prepared
by a qualified engineer. The amount shall include a mechanism for
calculating increased removal costs due to inflation.
