[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. 
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:
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.
GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION
A solar photovoltaic system that is structurally mounted on the ground.
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.
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;
The PGA may require additional information, data or evidence as it deems necessary pursuant to the site plan approval process.
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;
No advertising signs shall be permitted.
(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.
[1]
Editor's Note: The Intensity of Use Schedule is included as an attachment to this chapter.