[Added 2-11-2020 by Order
No. 116-19]
Solar energy is a renewable and nonpolluting energy resource
that can prevent fossil fuel emissions and reduce energy load. Energy
generated from solar energy systems can be used to offset energy demand
on the grid where excess solar power is generated. The use of solar
energy equipment for the purpose of providing renewable energy sources
is a priority and is a necessary component of the Town's sustainability
agenda. The standards that follow enable the accommodation of solar
energy systems and equipment in a safe manner with minimal impacts
on the quiet enjoyment of property.
A.
Notwithstanding the provisions of 1 M.R.S.A. § 302 or any
other law to the contrary, the requirements of this article shall
apply to all solar energy systems modified or installed after December
10, 2019.
B.
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable federal, state and local codes,
regulations and standards.
C.
Any modification, upgrade, or structural change that materially alters
the size, placement or output of an existing solar energy system shall
comply with this article.
D.
For purposes of this article, the Town's zoning districts are categorized
as follows:
A.
Height.
(1)
In residential zoning districts, roof-mounted solar energy systems
shall be included in the building height measurement, and the height
of the building shall not exceed the maximum building height. In nonresidential
districts, notwithstanding any other provision of this article to
the contrary, roof-mounted solar energy systems shall not be included
in the building height measurement.
(2)
In residential districts, ground-mounted solar energy systems
shall not exceed 12 feet in height when oriented at maximum tilt,
except that the maximum height is 20 feet for systems greater than
30 feet from any property line. Ground-mounted solar energy systems
in all other zoning districts shall conform to the building height
requirements of the zoning districts in which they are located.
B.
Setbacks for ground-mounted solar energy systems. Notwithstanding
any other provision in this article to the contrary, the setbacks
for ground-mounted solar energy systems shall be as follows:
A.
Roof-mounted and small-scale ground-mounted solar energy systems
and equipment shall be permitted only if they are determined by the
Code Enforcement Officer, with input from the Fire Chief or his/her
designee, not to present any unreasonable safety risks, including,
but not limited to the following:
B.
All solar energy system installations shall be installed in compliance
with the photovoltaic standards of the latest edition of National
Fire Protection Association (NFPA) Fire Prevention Code (NFPA 1).
C.
All wiring shall be installed in compliance with the latest edition
of the National Electrical Code (NFPA 70). For ground-mounted systems,
all exterior electrical wiring must be buried below the surface of
the ground.
D.
Prior to operation, electrical connections must be inspected and
approved by the Code Enforcement Officer or his/her designee.
E.
Any connection to the public utility grid must be inspected and approved
by the appropriate public utility unless waived by the public utility.
F.
A solar energy system shall be maintained as necessary to ensure
that it is operating safely and as designed over its useful life.
G.
If a solar collector ceases to perform its originally intended function
for more than 12 consecutive months, the property owner shall remove
the collector, mount and associated equipment by no later than 90
days after the end of the twelve-month period.
In addition to the standards set forth in § 181-49.33 above, medium- and large-scale ground-mounted solar energy systems shall comply with the following:
A.
Utility connections. Reasonable efforts, as determined by the Planning
Board, shall be made to place all utility lines from the solar energy
system underground. Electrical transformers for utility interconnections
may be above ground if required by the utility provider.
B.
Safety. The solar energy system site plan applicant shall provide
a copy of the site plan review application to the Fire Chief for review,
and the Fire Chief shall provide written comment on the fire safety
of the proposed system to the Planning Board.
C.
Visual impact. Reasonable efforts, as determined by the Planning
Board, shall be made to minimize visual impacts by preserving natural
vegetation, screening of abutting properties, and protecting scenic
resources.
D.
Glare. Solar panel placement shall be prioritized to minimize or
negate any solar glare onto nearby properties, public gathering places
or roadways without unduly impacting the functionality or efficiency
of the solar energy system.
E.
Operations and maintenance plan. The site plan applicant shall provide
(and maintain upon site plan approval) an operations and maintenance
plan, which shall include measures for maintaining safe access to
the installation as well as other general procedures for operational
maintenance of the installation.
F.
Signage. Signs on solar energy systems shall comply with all applicable
standards in this article, and one sign shall be required, at a minimum,
to identify the owner and provide a twenty-four-hour emergency contact
phone number.
G.
Emergency services. The owner or operator of a solar energy system
shall provide a copy of the project summary, electrical schematic,
and site plan to the Fire Chief. Upon request, the owner or operator
shall cooperate with the Fire Department in developing an emergency
response plan. All means of shutting down the system shall be clearly
marked on the plan. The owner or operator shall identify a responsible
person to the Code Enforcement Officer and the Fire Chief for public
inquiries throughout the life of the installation.
H.
Installation conditions. The owner or operator of a solar energy
system shall maintain the facility in good condition. Maintenance
shall include, but not be limited to, painting, structural repairs,
vegetation control and integrity of security measures. Site access
shall be maintained to a level acceptable to the Fire Chief. The owner
or operator shall be responsible for the cost of maintaining the access
road(s), unless the road(s) is accepted as a public way.
A.
Any medium- or large-scale solar energy system that has reached the
end of its useful life or has been abandoned consistent with this
article shall be removed. The owner or operator shall physically remove
the installation no more than 180 days after the date of discontinued
operations. The owner or operator shall notify the Code Enforcement
Officer by certified mail, return receipt requested, of the proposed
date of discontinued operations and plans for removal.
B.
Decommissioning shall consist of:
(1)
Physical removal of all solar energy systems, 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; and
(3)
Stabilization or revegetation of the site as necessary to minimize
erosion. The Code Enforcement Officer may allow the owner or operator
to leave landscaping or designated below-grade foundations in order
to minimize erosion and disruption to vegetation.
A.
Absent notice of a proposed date of decommissioning or written notice
of extenuating circumstances, a medium- or large-scale solar energy
system shall be considered abandoned when it fails to generate electricity
for more than one year without having first obtained the written consent
of the Code Enforcement Officer. Determination of abandonment shall
be made by the Code Enforcement Officer.
B.
At the time of approval, the applicant for a medium- or large-scale
ground-mounted solar energy system shall submit to the Town a performance
guarantee, to be approved by the Town, in the amount of 150% of the
estimated demolition cost of the system, such cost to be determined
by the Town Planner or other duly designated person. The owner may
apply to the Town Planner for release of the guarantee at such time
that it or its assigns remove the system and associated abandoned
structures, and such completed removal is found to be satisfactory
by the Town Planner, in consultation with the Code Enforcement Officer.
C.
If the owner or operator of the medium- or large-scale solar energy
system fails to remove the installation in accordance with the requirements
of this section within 180 days of abandonment or the proposed date
of decommissioning, the Town retains the right to use the performance
guarantee and any and all legal or available means necessary to cause
an abandoned, hazardous, or decommissioned solar energy system to
be removed.
