The following terms as used in this ordinance are defined as
follows:
COMMERCIAL SOLAR ENERGY FACILITY
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.
ON-SITE SOLAR ENERGY FACILITY
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.
SOLAR ENERGY FACILITY
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.
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.
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;
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;
(2)
Operation and maintenance plan. As required in and to satisfy §
165-139J.
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.