[Added 5-4-2015 ATM,
Art. 26 (Amdt. No. 183)]
A.
The purpose of this bylaw is to promote the creation of new solar
photovoltaic installations, herein referred to as a Solar Energy Facility,
by providing standards for the placement, design, construction, operation,
monitoring, modification and removal of such installations that address
public safety, minimize impacts on scenic, natural and historic resources
and to provide adequate financial assurance for the eventual decommissioning
of such installations.
B.
The Provisions set forth in this bylaw shall be applied together
and consistent with all other applicable provisions of the Zoning
Bylaws, provided that in the event of a conflict the more restrictive
provision shall apply.
A.
The Planning Board shall act as the Permit Granting Authority (PGA)
for Site Plan Approval of Solar Energy Facility projects.
A.
Construction and use of a Solar Energy Facility or any part thereof shall require Site Plan Approval issued in accordance with this bylaw and § 165-83 of the Zoning Bylaws. Such approval shall be required for new Solar Energy Facilities and for subsequent modifications to existing facilities that materially alter the type, configuration, or size of such facilities or related equipment.
B.
Nothing in this section shall be construed to prevent the installation
of accessory roof-mounted, solar photovoltaic installations on single-
and two-family residential dwelling structures.
The following terms as used in this ordinance are defined as
follows:
A ground mounted and/or roof-mounted solar photovoltaic installation
where the primary use is electrical generation to be sold to wholesale
electricity markets. This includes, but is not limited to, transmission,
storage, collection and supply equipment, substations, appurtenant
structures, transformers, service and access roads utilized in connection
with the conversion of solar energy into electrical power.
A solar photovoltaic system that is structurally mounted
on the ground.
A ground-mounted and/or roof-mounted solar photovoltaic installation
for the purpose of electrical generation where the facility is an
accessory use to the principal use of the property on which the facility
is located, and will generate electricity to be primarily consumed
by the principal use of the property. This includes, but is not limited
to, transmission, storage, collection and supply equipment, substations,
appurtenant structures, transformers, service and access roads utilized
in connection with the conversion of solar energy into electrical
power.
For the purpose of this bylaw, a Solar Energy Facility shall
mean both on-site solar energy facilities and commercial solar energy
facilities. Such facility shall include, but is not limited to, transmission,
storage, collection and supply equipment, substations, appurtenant
structures, transformers, service and access roads utilized in connection
with the conversion of solar energy into electrical power.
A.
(Reserved)
B.
Administration. Prior to construction, installation or modification
of a Solar Energy Facility, all provisions of this bylaw shall be
met.
C.
Compliance with Zoning Laws, Ordinances and Regulations. The construction
and operation of all Solar Energy Facilities 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 Solar Energy Facility shall be constructed in accordance with
the State Building Code.
D.
Fees. A filing fee as established by the PGA must accompany the Solar
Energy Facility Site Plan Approval Application. This filing fee is
established as the minimum filing fee required by the Planning Board
for Site Plan Approval as outlined in the fee schedule.
E.
General. All plans, maps and pertinent documents shall be prepared,
stamped and signed by the appropriate professional engineer or landscape
architect who is licensed to practice in the Commonwealth of Massachusetts.
F.
Utility notification. No Solar Energy Facility shall be constructed
until satisfactory evidence has been provided to the PGA that the
Town of Georgetown Municipal Light Department has approved the connection
of the Solar Energy Facility to the power grid. Installation of a
Solar Energy Facility must meet the requirements of the "Qualifying
Facility Power Purchase Rate" and "Standards for interconnecting Distributed
Generation" as published by the Town of Georgetown Light Department.
G.
Safety standards. The Solar Energy Facility owner and/or operator
shall cooperate with local emergency services in developing an emergency
response plan. The owner or operator shall identify a responsible
person for public inquiries throughout the life of the facility to
the PGA, the Building Inspector, the Police Chief, and the Fire Chief.
(1)
Emergency Services Plan. The Solar Energy Facility owner and/or
operator shall provide a written plan including but not limited to
a project summary, electrical schematic, and site plan to the Town's
local safety officials including the Police Chief, Fire Chief and
Building Inspector. The PGA shall confirm adequacy of emergency access
and safety procedures with the local safety officials prior to approval
of any site plan for the Solar Energy Facility.
(2)
Unauthorized access. The Solar Energy Facility shall be designed
to allow access within the area of proposed limit of work to authorized
personnel only. Electrical equipment shall be locked where possible.
H.
Proof of liability insurance. The applicant shall be required to
provide evidence of liability insurance in an amount, and for the
duration, sufficient to cover loss or damage to persons and property
occasioned by the failure of the facility.
I.
Financial surety. Proponents of solar photovoltaic projects shall
provide a form of surety to the Town of Georgetown, either through
escrow account, bond or otherwise, to cover the cost of removal in
the event the Solar Energy Facility is discontinued and not removed
and the site remediated as required herein. The surety shall be in
an amount and form determined to be reasonable by the PGA but not
in an amount 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 and confirmed by the PGA. The proponents shall
provide a security sufficient to cover the cost of removal for the
first ten-year period. For every five (5) year term thereafter, the
proponent shall return to the PGA to renew the surety in the amount
sufficient to cover the costs of removal of the facility for the next
five (5) year term. The applicant shall submit a fully inclusive estimate
of the costs associated with removal of the facility as outlined in
this section. The estimate of cost shall be prepared by a professional
civil engineer and shall include a mechanism requiring the permit
holder to continually adjust the amount of security in proportion
to cost of living adjustments. Such surety will not be required for
municipal and state-owned facilities.
J.
Operations and maintenance plan. The project proponent shall submit
a plan for the operation and maintenance of the Solar Energy Facility.
This plan shall include measures for maintaining safe access to the
installation, stormwater controls, as well as general procedures for
operational maintenance of the installation.
A.
Criteria. In the review and evaluation of a Solar Energy Facility
application, and in making a written final determination, the PGA
shall consider but not be limited to the following regulations:
(1)
Minimizes the volume of cut and fill, the number of removed
trees that are six inches or more in caliper, the area of wetland
vegetation displaced, soil erosion, and threat of air and water pollution;
(2)
Provides adequate stormwater management and other utilities,
which shall at a minimum be consistent with the requirements of the
Town of Georgetown Subdivision Rules and Regulations, Department of
Environmental Protection, Massachusetts Stormwater Management Handbook
(as revised), and other applicable regulation;
(3)
Minimizes obstruction of scenic views from publicly accessible
locations;
(4)
Maximizes pedestrian and vehicular safety on-site, including
points of ingress and egress;
(5)
Minimizes glare from headlights and lighting intrusion and reflection
from photovoltaic panels;
(6)
Minimizes unreasonable departure from character, materials,
and scale of buildings in the vicinity, as viewed from public ways
and places or premises residentially used or zoned;
(7)
Provides adequate access to each structure for emergency response
service equipment.
B.
Submission requirements and required documents. The following information shall be provided for a Solar Energy Facility Site Plan Approval application, together with such information as is required to be submitted in accordance with the requirements of § 165-83.
(1)
One- or three-line electrical diagram detailing the solar photovoltaic
installation, associated components, and electrical interconnection
methods, with all National Electrical Code (NEC) compliant disconnects
and over current devices;
(2)
Photovoltaic panels including manufacturer and model, mounting
system, collection, storage and supply equipment, and other associated
components required for the conversion of solar energy into electrical
energy production;
(3)
Documentation of the major system components to be used, specifications
of the photovoltaic panels including manufacturer and model, mounting
system, collection, storage and supply equipment, and other associated
components required for the conversion of solar energy into electrical
energy production.
(4)
Name, address, and contact information for proposed system installer;
(5)
Location of the proposed solar system panels, arrangement of
arrays, appurtenant structures, transmission infrastructure, foundations,
and associated ground equipment, fencing, exterior lighting and access
to them for maintenance and emergencies;
(6)
Outline of all existing buildings, including proposed structures
(e.g. residence, garage, storage shed, etc.) on site and on adjacent
parcels within 300 feet of the property lines of the site and any
private access thereto. Distance from the Solar Energy Facility to
each building shall also be shown on the plan;
(7)
Location and approximate height of tree cover and any potential
shading from nearby structures or vegetation.
(8)
Designation of NHESP Estimated Habitats of Rare Wildlife, NH
Priority Habitats of Rare Species zones and Groundwater Protection
District if applicable.
(9)
Visualizations. The PGA may select up to four sight lines, including
from the nearest building with a view of the Solar Energy Facility
for pre- and post-construction view representations. Sight lines for
the view representations shall be selected from populated areas proximate
to the proposed Solar Energy Facility. View representations shall
have the following characteristics:
(a)
View representations shall be in color and shall include actual
pre-construction photographs and accurate post-construction simulations
of the height and breadth of the Solar Energy Facility (e.g. superimpositions
of the Solar Energy Facility onto photographs of existing views);
(b)
All sight line view representations will include existing, or
proposed, buildings or tree coverage;
(10)
Applicant shall demonstrate to the PGA's satisfaction that the
following design process was followed in determining the layout of
a proposed Commercial Solar Energy Facility or On-Site Solar Energy
Facility:
(a)
Understanding the development site: Inventory existing site
features, taking care to identify sensitive and noteworthy natural,
scenic and cultural resources on the site, and to determine the connection
of these important features to each other;
(b)
Evaluating site context: The second step is to evaluate the
site in its larger context by identifying physical (e.g., stream corridors,
wetlands), transportation (e.g., road and bicycle networks), and cultural
(e.g., recreational opportunities) connections to surrounding land
uses and activities;
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The PGA may require additional information, data or evidence
as it deems necessary pursuant to the site plan approval process.
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C.
Waivers. The PGA may waive, by an affirmative vote, any of the submittal
and design requirements if it determines that strict compliance with
those submittal and design requirements, because of the size or unusual
nature of proposed building(s), structure(s), or lay of the land,
may not be in the best interest of the Town and general public.
D.
Modifications to approved site plans. All material modifications to a Solar Energy Facility made after issuance of the required permit shall require approval by the PGA as outlined in § 165-83V.
E.
Appeals. The decision of the PGA and/or Building Inspector made on any project subject to the provisions of this section may be appealed pursuant to the provisions of § 165-98 of Town of Georgetown's Zoning Bylaw.
F.
Enforcement. Enforcement of violations of any approvals and conditions of approvals, including violations of any development and/or performance standards identified in this section shall be governed by § 165-97 of the Town of Georgetown Zoning Bylaw.
G.
Severability. The invalidity of any section or provision of this
Bylaw by a Court or Agency of competent jurisdiction shall not invalidate
any other section or provision thereof, nor shall it invalidate any
permit or determination which previously has been issued.
H.
Issuance of building permit. No building permit for a Solar Energy Facility shall be issued until the PGA has rendered its decision on the Site Plan Approval application. Any site clearing or disturbance done on a site proposed for a Solar Energy Facility without a building permit shall be deemed improper clearing; a violation of the Town of Georgetown Zoning Bylaw and shall be enforced pursuant to provisions of Chapter 165 Article XVI.
I.
Expiration. A permit issued pursuant to this bylaw shall expire if
a Solar Energy Facility is not installed and operational within 24
months from the date of approval, or is discontinued or deemed discontinued
pursuant to this bylaw.
J.
Violations. It shall be unlawful for any person to construct, install,
or operate a Solar Energy Facility that is not in compliance with
this bylaw or with any condition contained in a permit issued pursuant
to this bylaw. Alterations or expansion of existing Solar Energy Facilities
shall be subject to the provisions of this bylaw.
Any proposed Solar Energy Facility shall be subject to development and performance standards, as set forth below, for the placement, design, construction, monitoring, modification and removal. Such development and performance standards exist to address public safety and minimize impacts on scenic, natural and historic resources of the Town. Whereas all projects must demonstrate compliance with applicable provisions of Chapter 165, the following standards shall be in addition to and in the effect of a conflict shall take precedence over design standards of § 165-83 and Appendix 4, Intensity of Use Schedule.[1]
A.
Dimension and density requirements.
(1)
Setbacks. The purpose of setbacks is to mitigate adverse impacts
on abutting properties. For a Solar Energy Facility, compliance with
front, side and rear setbacks shall be as follows:
(a)
Front yard. The front yard shall have a depth of at least 20
feet from the property line provided, however, where the parcel abuts
a conservation use, recreational use or residential district, the
front yard shall not be less than 50 feet;
(b)
Side yard. Each side yard shall have a depth at least 20 feet
from the property line provided, however, where the parcel abuts a
conservation use, recreational use or residential district, the side
yard shall not be less than 50 feet;
(c)
Rear yard. The rear yard depth shall be at least 20 feet from
the property line provided, provided, however, where the parcel abuts
a conservation use, recreational use or residential district, the
rear yard shall not be less than 50 feet.
(2)
The PGA may grant a waiver from setback requirements if the
applicant can demonstrate:
(a)
Failing to do so would render the siting of the Solar Energy
Facility unfeasible; and
(b)
The waiver will not impede access or egress for maintenance
personnel or emergency responders; and
(c)
The waiver will not adversely affect the intent of this bylaw
in terms of development and design standards.
B.
Design standards.
(1)
Lighting. Lighting of a Solar Energy Facility shall be consistent
with Town of Georgetown, state and federal law and shall be limited
to that required for safety and operational purposes.
(2)
Landscaping. Applicant shall submit a Landscape Plan detailing
the following:
(a)
All proposed changes to the landscape of the site, including
temporary or permanent roads or driveways, grading, area of vegetative
clearing, all proposed vegetative screening, fencing, planting, exterior
lighting and structures;
(b)
Planting design shall include details of the types and size
of plant materials. To the extent feasible or practicable, landscaping
shall be designed in an environmentally sensitive manner with non-invasive
drought tolerant native plants, so as to reduce irrigation needs and
heating and cooling needs;
(c)
All landscaped areas shall be properly maintained and monitored
for at least two growing seasons. Shrubs or trees that die shall be
replaced by the applicant or property owner, at their expense, within
the first growing season. The long-term maintenance of approved landscaping
shall be the responsibility of the individual or entity identified
in the application for facilities maintenance purposes.
(3)
Signage. Location, materials and details of proposed signs shall be submitted. Signs shall comply with the provisions of Article X of Town of Georgetown Zoning Bylaws and shall be limited to:
(a)
A required sign identifying the owner and providing a 24-hour
emergency contact phone number;
(b)
A sign providing identification of the manufacturer or operator
of the solar photovoltaic installation;
(c)
Educational signs providing information about the facility and
the benefits of renewable energy;
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No advertising signs shall be permitted.
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(4)
Fencing. The applicant shall demonstrate, if required by the
PGA, the type and manner of installation for adequate security fencing.
C.
Appurtenant structures. 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 off-site view
by vegetation and joined and/or clustered to avoid adverse visual
impacts. Architectural elevation drawings for structures exceeding
500 square feet of gross floor area shall be submitted as part of
the application.
D.
Utility connections. Reasonable efforts, as determined by the PGA,
shall be made to place all utility connections from the Solar Energy
Facility underground, depending on appropriate soil conditions, shape,
and topography of the site and any requirements of the utility provider.
Electrical transformers and inverters to enable utility interconnections
may be above ground if required by the Town of Georgetown Light Department.
E.
Land clearing and soil erosion. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the solar energy facilities and per best management practices for natural and/or developed areas and otherwise prescribed by applicable laws, regulations, and bylaws, in particular but not limited to Town of Georgetown's Chapter 49 Earth Removal and Chapter 57 Erosion and Stormwater Control. The limit of work will be shown on the approved Site Plan and Proposed Installation Plan.
F.
Natural buffer and wildlife corridors. An undisturbed buffer shall
be part of the setback area and maintained between the Solar Energy
Facility and the property line. This buffer would only be required
on those projects that abut a residential district. The natural buffer
should be maintained at or slightly above the highest level of the
solar panels. If the natural vegetative visual buffer would have a
detrimental effect on the ability to generate power, an alternative
screening buffer may be proposed. A Solar Energy Facility shall be
designed and constructed to optimize the existence and maintenance
of natural buffers and wildlife corridors.
G.
Operation, monitoring and maintenance.
(1)
Minimum maintenance responsibilities. The applicant, owner or
operator shall maintain the Solar Energy Facility in good condition.
The individual or entity responsible for maintenance shall be clearly
identified in the application. Maintenance shall include, but not
be limited to, painting, structural repairs, and integrity of security
measures. Site access shall be provided and maintained to a level
acceptable to the Fire Chief and other public safety officials. The
owner or operator shall be responsible for the cost of maintaining
the Solar Energy Facility and any access road(s) and the cost of repairing
any damage occurring as a result of operation and construction. The
owner and/or operator shall be responsible for all activities identified
until the Facility is discontinued or decommissioned. After decommissioning
the property owner shall be responsible for all maintenance;
H.
Removal/decommissioning/discontinuance.
(1)
Removal requirements. Any Solar Energy Facility that has reached
the end of its useful life or has been discontinued shall be removed.
A Facility not in operation for a period of one hundred fifty (150)
continuous days or more without written permission from the PGA shall
be considered discontinued. Upon written request from the Building
Inspector addressed to the contact address provided and maintained
by the owner and operator as required above, the owner or operator
shall provide evidence to the Building Inspector demonstrating continued
use of the Facility. Failure to provide such evidence within thirty
(30) days of such written request shall be conclusive evidence that
the Facility has been discontinued. The owner or operator shall physically
remove the installation no more than 150 days after the date of discontinued
operations. At least thirty (30) days prior to the proposed date of
discontinuation of operations, the owner or operator shall notify
the PGA and the Building Inspector by certified mail of the proposed
date of discontinued operations and include plans for removal. If
the owner or operator of the Solar Energy Facility fails to remove
the Facility in accordance with the requirements of this section,
the Town of Georgetown shall have the right, to the extent it is otherwise
duly authorized by law, to enter the property and remove the Facility
at the expense of the owner of the Facility and the owner(s) of the
site on which the Facility is located.
(2)
Decommissioning shall consist of:
(a)
Physical removal of all solar photovoltaic installations, structures,
equipment, security barriers and transmission lines from the site;
(b)
Any municipal utility connections shall be disconnected to the
satisfaction of the Municipal Light Department, Highway Surveyor and
Fire Department;
(c)
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations;
(d)
Stabilization or re-vegetation of the site as necessary to minimize
erosion. The PGA may require submission of a landscape plan showing
post decommissioning site conditions for its review and approval.
The PGA may allow the owner or operator to leave landscaping or designated
below-grade foundations in order to minimize erosion and disruption
to vegetation.
[1]
Editor's Note: The Intensity of Use Schedule is included as an attachment to this chapter.
