[Added 4-2-2018 by TOR
2017-13]
The purpose of this article is to promote the reasonable regulation
of solar energy systems, including commercial ground-mounted solar
energy installations, by providing standards for the placement, design,
construction, operation, monitoring, modification and removal of such
installations that address public health, safety, and welfare and
minimize impacts on scenic, natural and historic resources and provide
adequate financial assurance for the eventual decommissioning of such
installations.
An active solar energy system that converts solar energy
directly into electricity.
The maximum rated output of electric power production of
the photovoltaic system in watts of direct current (DC).
Radiant energy received from the sun that can be collected
in the form of heat or light by a solar collector.
A device or structural design feature, a substantial purpose
of which is to provide daylight for interior lighting or provide for
the collection, storage and distribution of solar energy for space
heating or cooling, electricity generation, or water heating.
A solar energy system that is directly incorporated into
the building by replacing typical building materials.
An active solar energy system that is structurally mounted
to the ground and is not roof-mounted; may be of any size (small-,
medium- or large-scale).
An active solar energy system that occupies more than one
acre of surface area (equivalent to a rated nameplate capacity of
about 250 kW DC or greater).
An active solar energy system that occupies more than 1,750
square feet of surface area but less than one acre of surface area
(equivalent to a rated nameplate capacity of about 10 to 250 kW DC).
A photovoltaic solar energy system in which the circuits
energized by the solar energy system are not electrically connected
in any way to electric circuits that are served by an electric utility.
An active solar energy system that is structurally mounted
to the roof of a building or structure; may be of any size (small-,
medium- or large-scale).
An active solar energy system that occupies 1,750 square
feet of surface area or less (equivalent to a rated nameplate capacity
of about 10 kW DC or less).
An active solar energy system that uses collectors to convert
the sun's rays into useful forms of energy for water heating, space
heating, or space cooling.
See the Table of Use Regulations for allowed principal and accessory
uses in all zoning districts.[1]
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
Building-integrated solar energy systems, roof-mounted solar
energy systems and small-scale solar energy systems are allowable
as an accessory use in all zoning districts, subject to the following
requirements:
A.
Height. Roof-mounted solar energy systems shall not project beyond
three feet above the peak of the roof and shall not be more than three
feet above the roof surface to which they are attached. The height
of a small-scale solar energy system shall not exceed 15 feet.
B.
Setback. Roof-mounted solar energy systems shall comply with all
building setbacks in the applicable zoning district and shall not
extend beyond the exterior perimeter of the building on which the
system is mounted.
C.
Coverage. Roof-mounted solar energy systems shall not cover more
than 90% of the total area of the roof.
D.
Exempt. Building-integrated solar energy systems are exempt from
the requirements of this section and shall be regulated as any other
building element.
E.
Certifications. Roof-mounted and building-integrated solar energy
system components shall be certified by Underwriters' Laboratories,
Inc., and the Solar Rating and Certification Corporation. The Town
reserves the right to deny a building permit for proposed solar energy
systems deemed to have inadequate certification.
F.
Aesthetics. All roof-mounted and building-integrated solar energy
systems shall use colors that blend with the color of the roof or
other structures. Reflection angles from collector surfaces shall
be oriented so as not to interfere with the use and enjoyment of other
properties. Where necessary, screening shall be required to address
glare.
G.
Small-scale solar energy systems shall be located in the rear or
side yard areas only.
All medium-scale solar energy system installations shall undergo site plan review as outlined in § 180-13 of the Code of the Town of Agawam prior to construction, installation or modification of the facility. The total area of medium-scale solar energy structures shall include the total of all areas where the solar panels are installed, all appurtenant and accessory buildings, access roads, landscaping, fencing and visual screening elements. The height of a medium-scale solar energy system shall not exceed 15 feet.
The balance of this article shall apply to large-scale solar energy system installations which measure one acre and larger. The area included for determining whether a proposed installation is a large-scale solar energy system is contained in § 180-155 below. The provisions of this article shall not apply to land owned by the Town of Agawam.
A.
Compliance with laws, ordinances and regulations. The construction
and operation of all large-scale solar energy 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 a large-scale solar energy system installation shall
be constructed in accordance with the state building code and any
other applicable state and federal laws.
B.
Location. Large-scale solar energy system installations shall be
allowed as a matter of right in any industrial zone, and shall be
allowed by special permit only in the Agricultural Zone. No large-scale
solar energy system installations shall be constructed or installed
in any residential or business zone.
C.
Special permit. Large-scale solar energy system installations shall
be allowed by special permit only in the Agricultural Zone. The City
Council shall be the special permit granting authority and shall include
as part of its special permit review and proceedings all the provisions
and requirements of the site plan review. The City Council shall consider
the following criteria in determining whether to grant a special permit:
(1)
That the use is in harmony with the general purpose and intent
of the zoning ordinances of the Town of Agawam;
(2)
That the use is in an appropriate location and is not significantly
detrimental to the neighborhood and does not significantly alter the
character of the neighborhood;
(3)
Adequate and appropriate facilities will be provided for the
proper operation of the proposed use; and
(4)
That the proposed use would not be detrimental or offensive
to the adjoining zoning districts and neighboring properties due to
the effects of lighting, odors, smoke, noise, sewage, refuse materials
and/or other visual nuisances.
D.
Building permit. No large-scale solar energy system installation
shall be constructed, installed or modified as provided in this article
without first obtaining site plan approval by the Planning Board and
then a special permit from the City Council (if necessary) and finally
a building permit.
A.
All large-scale solar energy system installations shall undergo site plan review as outlined in § 180-13 of the Code of the Town of Agawam prior to construction, installation or modification of the facility as provided in this article. The total area of large-scale solar energy systems shall include the total of all areas where the solar panels are installed, all appurtenant and accessory buildings, access roads, landscaping, fencing and visual screening elements.
B.
Required documents. In addition to the required site plan content described in § 180-13 of the Code of the Town of Agawam, the project proponent shall provide the following additional documents and information to the Planning Board. The Planning Board may waive any of these requirements as it deems appropriate.
(1)
A site plan showing:
(a)
Property lines and physical features, including roads for the
project site, wetlands, wildlife corridors and other relevant features;
(b)
Location and approximate height of existing and proposed tree
cover, including any trees on public property that are approximated
to be 72 years and older or with a diameter of 36 inches or greater;
(c)
Proposed changes to the site, including proposed roads, grading,
vegetation clearing and planting, parking areas, exterior lighting,
screening vegetation, stormwater controls, and all structures;
(d)
Elevations of the solar energy system installation, including
the proposed layout of the system and any potential shading from structures
and vegetation, including those on abutting properties;
(e)
A three-line electrical diagram detailing the solar energy system
installation, associated components, and electrical interconnection
methods, with all National Electrical Code compliant disconnects and
overcurrent devices;
(f)
Documentation of the major system components to be used, including
the photovoltaic panels, mounting system and inverter;
(g)
Name, address, and contact information for the proposed system
installer;
(h)
Name, address, and contact information for the project proponent,
as well as all co-proponents and property owners, if any;
(i)
The name and contact information of any agents representing
the project proponent;
(j)
Documentation of actual or proposed access and control of the
project site;
(k)
An operation and maintenance plan for the proposed project;
(l)
The location of active farmland and prime farmland soils, wetlands,
permanently protected open space, priority habitat areas and critical
natural landscape core habitat areas as set forth by the Natural Heritage
and Endangered Species Program (NHESP) and "Important Wildlife Habitat"
mapped by the Massachusetts DEP; and
(m)
Locations of any local or national historic districts.
(2)
Proof of property and liability insurance consistent with industry
standards for the proposed facility;
(3)
Description of financial surety consistent with this article;
and
(4)
A public outreach plan, including a project development timeline,
which indicates how the project proponent will inform and educate
abutters and the community about the project.
C.
All plans shall be prepared, stamped and signed by a professional
engineer licensed in the Commonwealth of Massachusetts.
A.
The project proponent shall submit documentation of actual or proposed
access and control of the project site sufficient to allow for the
construction and operation of the proposed large-scale solar energy
system installation.
B.
The project proponent shall submit a plan for the operation and maintenance
of the large-scale solar energy system installation, which shall include
measures for maintaining safe access to the installation and stormwater
controls, as well as general procedures for operational maintenance
of the installation.
C.
The project proponent shall submit evidence that the utility company
that operates the electrical distribution system grid where the installation
is to be located has been informed of the proposed large-scale solar
energy system installation. Off-grid large-scale solar energy system
installations shall be exempt from this requirement.
A.
Setback and height requirements. The setbacks for large-scale solar
energy system installations, including appurtenant structures and
parking areas, shall be at least 75 feet from any property boundary.
The setback areas shall not be included in the calculation of the
size of the large-scale solar energy system installations. The height
of any large-scale solar energy system installation or any appurtenant
structure shall not exceed 15 feet.
B.
Lot coverage. The lot coverage requirements of § 180-58 of the Code of the Town of Agawam shall not apply to large-scale solar energy system installations.
C.
Appurtenant structures. All appurtenant structures to large-scale
solar energy system installations shall comply with the requirements
of the Code of the Town of Agawam. All such appurtenant structures
include, but are not limited to, equipment shelters, storage facilities,
transformers, fencing and substations.
A.
Lighting. Lighting of large-scale solar energy system 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. Lighting of
the large-scale solar energy system installations shall be directed
downward and shall incorporate all feasible measures to reduce light
pollution.
B.
Signage. Any signs on large-scale solar energy system installations and property shall comply with Article XIII of the Code of the Town of Agawam. A sign shall be required which shall identify the owner and provide a twenty-four-hour emergency contact phone number. Large-scale solar energy system installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the large-scale solar energy system installation.
C.
Utility connections. Reasonable efforts, as determined by the Planning
Board during the site plan review, shall be made to place all utility
connections from the large-scale solar energy system 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.
Landscaping. All land associated with the large-scale solar energy
system installations shall be covered and grown in natural vegetation.
All ground surface areas beneath solar arrays and setback areas shall
be pervious to maximize on-site infiltration of stormwater. Impervious
paving of areas beneath solar arrays is prohibited. To the greatest
extent feasible, a diversity of plant species, including both deciduous
and coniferous plantings, shall be used, with preference given to
species that are native to New England. All original plantings shall
be at least six feet high. Reasonable efforts shall be taken to minimize
the establishment of invasive species. All plantings shall be maintained
annually, and herbicides shall be applied only by properly licensed
personnel in conformance with all applicable state and federal laws.
E.
Parking and access. Reasonable on-site parking is required for vehicles
that will service the installation only.
F.
Visual impact mitigation. The plan for a large-scale solar energy
system installation shall be designed to maximize the preservation
of on-site and abutting natural and developed features. In undeveloped
areas, existing vegetation shall be retained to the greatest extent
feasible, especially where such vegetation provides a benefit to the
natural environment. In developed areas, the design of the large-scale
solar energy system installation shall consider and incorporate contextual
landscaping and landscape amenities that complement the physical features
of the site and abutting properties. To the greatest extent feasible,
structures should be screened from view by vegetation and/or joined
or clustered to avoid adverse visual impacts and be architecturally
compatible with each other. Vegetation shall be of varieties native
to New England. Vegetative screening shall reach a mature form to
effectively screen the installation within five years of installation.
The mature height of the vegetated screening shall be such that the
installation's structures are not apparent to a person upon any public
road and viewing the installation from a height of eight feet. Planting
of the vegetative screening shall be completed prior to final approval
of the large-scale solar energy system installation by the Building
Inspector.
G.
Emergency services. The owner or operator of the large-scale solar
energy system installation shall provide a copy of the project summary,
electrical schematic, and site plan to the Agawam Fire Department.
Upon request, the owner or operator shall cooperate with local emergency
services in developing an emergency response plan. All means of disconnecting
the large-scale solar energy system installation shall be clearly
marked. The owner or operator shall identify and provide contact information
for a person who is responsible for responding to all public and emergency
inquiries related to the installation. This information shall be updated
as needed, and at least on an annual basis.
H.
Land clearing, soil erosion and habitat impacts. Clearing of natural
vegetation shall be limited to that which is necessary for the construction,
operation and maintenance of the large-scale solar energy system installation
or otherwise prescribed by applicable laws, regulations, and ordinances.
Sufficient vegetation shall be maintained to minimize soil erosion.
Large-scale solar energy system installations shall be installed only
upon water-permeable surfaces as approved during site plan review.
I.
Preservation of trees. Large-scale solar energy system installations
shall be designed and constructed to preserve and maintain the health
and root systems of significant trees on public property that are
approximated to be 75 years and older or with a diameter of 36 inches
or greater.
J.
Wildlife corridors. Large-scale solar energy system installations
shall be designed and constructed to minimize the impacts on wildlife
corridors.
K.
Sound levels. Sound levels under normal operating conditions of the
large-scale solar energy system installation measured at the boundary
of the lot on which the installation is sited shall not be more than
10 decibels greater than would otherwise exist in the absence of the
facility.
L.
Hazardous materials. Hazardous materials that are stored, used, or
generated on site shall not exceed the amount for a very small quantity
generator of hazardous waste as defined by Massachusetts DEP and shall
meet all applicable requirements, including storage of hazardous materials
in a building with an impervious floor that is not adjacent to any
floor drains to prevent discharge to the outside environment. If hazardous
materials are utilized within the solar electric equipment, then impervious
containment areas capable of controlling any release to the environment
and to prevent potential contamination of groundwater are required.
M.
Independent engineer. Upon request of the Planning Board, the proponent
shall pay for a licensed third-party independent engineer selected
by the Planning Board to assist the Planning Board in its review of
submitted materials.
A.
Solar photovoltaic installation conditions. The owner or operator
of a large-scale solar energy system installation shall maintain the
facility in good condition. Maintenance shall include, but not be
limited to, painting, structural repairs, landscaping and integrity
of security measures. Site access shall be maintained to a level acceptable
to the Agawam Fire Chief, Building Inspector and Town's Electrical
Inspector. The owner or operator shall be responsible for the cost
of maintaining the installation and any access road, unless accepted
as a public way.
B.
Modifications. All material modifications to a large-scale solar
energy system installation made after issuance of the required building
permit shall require site plan approval by the Planning Board.
C.
Removal requirements and abandonment.
(1)
Abandonment. Absent notice of a proposed date of decommissioning
or written notice of extenuating circumstances, a large-scale solar
energy system installation shall be considered abandoned when it fails
to operate for more than one year without a written waiver by the
Planning Board. If the owner or operator of a large-scale solar energy
system 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 or its agents may
enter the property and physically remove the installation, the full
cost of which shall be the responsibility of the owner or operator.
(2)
Removal requirements. Any large-scale solar energy system installation
which has reached the end of its useful life or has been deemed abandoned
consistent with this article 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 Planning Board by certified mail of the proposed date of discontinued
operations and plans for removal. Decommissioning shall consist of:
(a)
Physical removal of all solar photovoltaic installations, structures,
equipment, security barriers and electrical lines from the site;
(b)
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations;
(c)
Stabilization and revegetation of the site as necessary to minimize
erosion; and
(d)
The Planning Board may allow the owner or operator to leave
landscaping or designated below-grade foundations to minimize erosion
and disruption to vegetation.
The project proponent of large-scale solar energy system installations
shall provide a form of surety, either through escrow account, bond
or line of credit from a creditable financial institution, in an amount
sufficient to cover the cost of removal in the event the Town of Agawam
deems the large-scale solar energy system installation to be abandoned
and must remove the installation and remediate the landscape. The
amount and form of the surety shall be determined to be reasonable
by the Planning Board, but in no event should exceed more than 110%
of the cost of removal and compliance with the additional requirements
set forth herein, as determined by the project proponent. Such surety
is not required for municipally owned 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.
