Town of Barnstable, MA Accessory Uses

Use regulations.

All wind energy conversion facilities or wind-monitoring towers shall require a building permit and may be permitted only as an accessory use to permitted uses in all zoning districts.

Wind energy conversion facility and wind-monitoring or meteorological towers. The construction of any wind energy conversion facility or wind-monitoring/meteorological tower shall be permitted in all zoning districts, subject to issuance of a special permit and provided the proposed use complies with all dimensional and special permit regulations set forth in § 240-125C (unless waived by the SPGA). Any subsequent change or modification of wind energy equipment shall be subject to review by the Building Commissioner.

Dimensional requirements.

Type. Tilt-up towers, fixed-guyed towers, freestanding towers or other designs may be considered for approval by the SPGA. Towers may not be attached to any residence or habitable structures.

Setback. The base of any WECF shall be set back from any property line or road layout line by not less than 120% of the proposed height of the tower if abutting residentially zoned properties and 80% of the proposed height of the tower, if abutting nonresidentially zoned properties. Guy wires or any WECF related construction not wholly below grade, as may be required by the proposed design, shall be set back at least 20 feet from property lines, and 30 feet from road layout lines if located on, or adjacent to, residentially zoned property. If located on nonresidentially zoned property and not abutting residentially zoned property, guy wire setbacks may be reduced to five feet. Other setbacks shall conform to the yard setbacks of the zone in which the subject property is located. The SPGA may allow the setback to be reduced as part of the special permit process if the project proponent can demonstrate that additional height is needed and that the additional benefits of the higher tower outweigh any increased adverse impacts.

Special permit regulations. The SPGA shall grant a special permit only if it finds that the proposal complies with the provisions of this Zoning Ordinance (unless waived) and is consistent with the applicable criteria for granting special permits.

General. Proposed wind energy conversion facilities shall be consistent with all applicable local, state and federal requirements, including, but not limited to, all applicable electrical, construction, noise, safety, environmental and communications requirements.

Demonstrated utility. The proponent shall demonstrate that the proposed WECF efficiently generates electrical power.

Maintenance. A written maintenance plan shall be submitted with the application for a special permit for review and approval by the SPGA and shall be made a condition of said special permit.

Design standards.

Visual impact. The proponent shall demonstrate through project siting and proposed mitigation that the wind energy conversion facility minimizes any impact on the visual character of surrounding neighborhoods and the community. This may include, but not be limited to, information regarding site selection, turbine design, buffering, lighting. All electrical conduits shall be underground.

Color. Wind energy conversion facilities shall be painted nonreflective muted colors that blend with the sky, without graphics or other decoration.

Equipment shelters. All equipment necessary for monitoring and operation of the wind energy conversion facilities should preferably be contained within the turbine tower. If this is infeasible, ancillary equipment may be located outside the tower, provided it is contained either within an underground vault, or enclosed within a separate structure or behind a year-round landscape or vegetated buffer.

Lighting and signage.

Wind turbines shall be lighted only if required by the Federal Aviation Administration (FAA). The proponent shall provide a copy of the FAA's determination to establish the required markings and/or lights for the structure.

Lighting of equipment structures and any other facilities on site (except lighting required by the FAA) shall be shielded from abutting properties.

No signage allowed.

Guy wires. Guy wires as may be utilized in the construction of the tower shall be left totally unadorned. Nothing shall be hung from or attached to said wires. To prevent unintended contact by persons who may be on-site, landscaping or other approved methods may be implemented. Exception: On nonresidentially zoned properties, not abutting residential property, guy wires may be wrapped with a colored sleeve only, to prevent unintended contact. Such sleeve shall extend to a height not greater than 10 feet above grade.

Environmental standards.

Noise.

The wind energy conversion facility and associated equipment shall conform to the provisions of the Department of Environmental Protection's Division of Air Quality Noise Regulations (310 CMR 7.10). A source of sound will be considered to be violating these regulations if the source:

Increases the broadband sound level by more than 10 dB(A) above ambient; or

Produces a pure tone condition: when an octave bank center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by three decibels or more.

"Ambient" is defined as the background A-weighted sound level that is exceeded 90% of the time measured during equipment hours. The ambient may also be established by other means with consent from DEP. The ambient noise level shall be measured at the property line when the WECF is located on a lot adjacent to residentially zoned property. Otherwise, the special permit granting authority, in consultation with the Department, shall determine whether such violations shall be measured at the property line or at the nearest inhabited residence.

Upon complaint of an abutter, ambient and maximum permitted decibel measurements shall be performed by an agent designated by the SPGA. The report shall be submitted to the SPGA for review. The fee for this service shall be paid by the complainant unless the maximum permitted decibel level has been exceeded in which case the owner of the system shall pay the fee.

If the maximum decibel readings are exceeded, the installation shall be considered a nuisance. The nuisance violation must be corrected within 90 days from notification of the violation, and if the violation cannot be corrected, the wind energy system shall be removed or relocated at the expense of the owner.

Shadowing/flicker. Wind energy conversion facilities shall be sited in a manner that does not result in significant shadowing or flicker impacts. The proponent has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.

Safety standards.

No hazardous materials or waste shall be discharged on the site of any wind energy conversion facility. If any hazardous materials or wastes are to be used on site, there shall be provisions for full containment of such materials or waste.

Climbing access to tower shall be limited by placing climbing apparatus no lower than 10 feet from the ground.

The clear area shall be no less than 10 feet.

The wind turbine shall conform to FAA safety standards, as amended.

Condemnation.

Upon a finding by the Building Commissioner that the WECF has been abandoned or has been left in disrepair or has not been maintained in accordance with the approved maintenance plan, the owner of said WECF shall be notified in writing by certified mail that the WECF shall be brought up to standard. If required repairs or maintenance are not accomplished within 45 days, the WECF shall be deemed condemned and shall be removed from the site within 90 days thereafter at the expense of the property owner. The aforementioned periods of time may be extended at the request of the owner and at the discretion of the Building Commission. "Removed from site" shall mean:

Removal of the wind turbine and tower, all machinery, equipment, equipment shelters, security barriers and all appurtenant structures from the subject property;

Proper disposal of all solid or hazardous materials and wastes from the site in accordance with local and state solid waste disposal regulations;

Restoration of the location of the wind energy conversion facility to its natural condition, except that any landscaping, grading or below-grade foundation may remain in the after condition.

If an applicant fails to remove a wind energy conversion facility in accordance with this section of this chapter, the Town shall have the authority to enter the subject property and physically remove the facility. The SPGA may require the applicant to provide a form of surety (i.e., post a bond, letter of credit or establish an escrow account or other) at the SPGA's election at the time of construction to cover costs of the removal in the event the Town must remove the facility. The amount of such surety shall be equal to 150% of the cost of compliance with this section. The applicant shall submit a fully inclusive estimate of the costs associated with removal. The amount shall include a mechanism for a cost of living adjustment every five years.

§ 240-44.2 Ground-Mounted Solar Photovoltaic Overlay District.

[Added 10-7-2010 by Order No. 2011-006[1]; amended 8-17-2017 by Order No. 2018-04; 9-1-2022 by Order No. 2022-034]

Purpose.

This section promotes the creation of new large-scale, ground-mounted solar photovoltaic installations and associated accessory uses 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 for providing adequate financial assurance for the eventual decommissioning of such installations. This section ordinance is adopted pursuant to the Commonwealth of Massachusetts Green Communities Act.

BATTERY ENERGY STORAGE MANAGEMENT SYSTEM

The provisions set forth in this section shall apply to the construction, operation, and/or repair of large-scale, ground-mounted solar photovoltaic installations and associated accessory uses.

Applicability. This section applies to large-scale (250 kW), ground-mounted solar photovoltaic installations proposed to be constructed after the effective date of this section. This section also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment.

District established. A Ground-Mounted Solar Photovoltaic Overlay District (GMSPOD) is hereby established, and shall be considered as superimposed over any other districts established by this chapter, and is shown as an overlay on the Official Zoning Map established pursuant to § 240-6, Zoning Map.

Definitions. These definitions shall apply to § 240-44.2 exclusively:

AS-OF-RIGHT SITING

The ground-mounted solar photovoltaic installation may proceed without the need for a special permit, variance, amendment, waiver or other local discretionary approval, except that a special permit shall be required when located in a underlying residential zoning district. As-of-right development is subject to Article IX, Site Plan Review. As-of-right solar photovoltaic installations that are consistent with the Zoning Ordinance and applicable state and federal law can be reasonably regulated and approved by the Building Commissioner.

An electronic system that protects energy storage systems from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected.

BATTERY ENERGY STORAGE SYSTEM

A battery energy storage system (BESS) is an electrochemical device that charges (or collects energy) from the electrical grid or an electricity generating facility, such as a large-scale ground-mounted solar photovoltaic installation, and then discharges that energy at a later time to provide electricity or other grid services when needed.

BATTERY(IES)

A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this bylaw, batteries utilized in consumer products are excluded from these requirements.

GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION

A large-scale solar photovoltaic (PV) system that is structurally mounted on the ground, not roof-mounted, and has a nameplate capacity of at least 250 kW DC.

HAZARDOUS PRODUCT

Any chemical or combination of chemicals which, in any form, is listed by trade name, chemical name, formula or otherwise as a product which is a hazard to public drinking water supplies if concentrations beyond a certain level are achieved therein. "Hazardous product" shall also include any product for which there is any listing, declaration, or announcement in any form issued by the United States Environmental Agency, the Massachusetts Department of Environmental Protection, or by any other government agency having direct or indirect jurisdiction over public water supplies that such product is such a hazard or is a product known as an "emerging contaminant" suspected as being capable of being a carcinogen.

OFF-GRID SYSTEM

A solar photovoltaic installation where all energy generated on the installation site is consumed on that site and does not send any energy into the electrical grid for distribution.

RATED NAMEPLATE CAPACITY

The maximum rated output of electric power production of the photovoltaic system in direct current (DC).

Site plan application and review.

Ground-mounted, large-scale solar photovoltaic installations with 250 kW or larger of rated nameplate capacity shall undergo site plan review pursuant to Article IX, Site Plan Review, prior to construction, installation or modification as provided in this section. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts. Any ground-mounted, large-scale solar photovoltaic installation with 250 kw or larger of rated nameplate capacity located in an underlining residential zoning district shall also be required to obtain a special permit from the Planning Board in accordance with Subsection F. Batteries and battery energy storage systems are prohibited.

Required documents. In addition to the requirements of § 240-102, Contents of site plan, the project proponent shall provide the following documents:

A site plan showing:

Existing conditions, including property lines and physical features, abutting land uses and location of structures within 100 feet of the project site, topography and roads, characteristics of vegetation (mature trees, shrubs, etc.), wetlands, vernal pools, and floodplains. The existing plans should also identify designated scenic roads and local or National Register historic districts, wellhead protection areas, Natural Heritage & Endangered Species Program (NHESP) Estimated and Priority Habitats, BioMap2 Critical Natural Landscape and Core Habitat.

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures. The square footage of each disturbed area shall be identified on a plan, and details of any site alteration, including number and species of trees to be removed, shall be provided.

Stormwater management plan including the following standards:

Selection of Massachusetts Department of Environmental Protection Best Management Practices. To the maximum extent practicable, low impact development vegetated best management practices shall be used in accordance with the guidance for BMP selection and installation found in the Massachusetts Stormwater Manual Handbook, latest edition.

A stormwater management plan with the stamp and signature of a registered professional engineer (PE) who is licensed in the Commonwealth of Massachusetts, conforming to the conditions and standards of the Massachusetts Department of Environmental Protection's Stormwater Handbook, latest edition, is required and as required in Subsection E(4)(i).

[c]

To ensure proper containment and stabilization of the site during the construction phase, a stormwater pollution prevention plan to control construction-related impacts, including erosion, sedimentation, and other pollutant sources during construction and land disturbance activities, shall be developed and implemented. Such plan shall be developed to document compliance with the Massachusetts Stormwater Handbook, latest edition.

[d]

A long-term stormwater operation and maintenance plan shall be developed and implemented to ensure that stormwater management systems function as designed. Such plan shall be developed to document compliance with the Massachusetts Stormwater Handbook, latest edition.

Blueprints or drawings of the solar photovoltaic installation signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures or vegetation, the distance between the system and all property lines, existing on-site buildings and structures, and the tallest finished height of the solar array.

One- or three-line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices.

[6]

Documentation of the major system components to be used, including the PV panels, mounting system, and inverter(s).

[7]

Name, address, and contact information for proposed system installer.

[8]

Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any.

[9]

The name, contact information and signature of any agents representing the project proponent.

[10]

Documentation of actual or prospective access and control of the project; site control. The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed solar photovoltaic installation.

[11]

An operation and maintenance plan. The project proponent shall submit a plan for the operation and maintenance of the ground-mounted solar photovoltaic installation, which shall include specific measures for maintaining safe access to the installation, a stormwater management plan, and general procedures for and frequency of operational maintenance of the installation. The operation and maintenance plan shall include measures for maintaining year-round safe access for emergency vehicles, snow plowing, stormwater controls, and general procedures, and a yearly schedule for the operation and maintenance of the facilities including fencing, and maintenance of landscaping.

[12]

Zoning district designation for the parcel(s) of land comprising the project site (submission of a copy of a Zoning Map with the parcel(s) identified is suitable for this purpose).

[13]

Description of financial surety that satisfies Subsection E(5)(c) below.

[14]

Utility notification. No ground-mounted solar photovoltaic installation shall receive a building permit until an executed interconnect agreement with the utility company operating the electrical grid has been submitted to the Building Commissioner. Off-grid systems are exempt from this requirement.

[15]

Federal Aviation Administration (FAA) approval of Solar Glare Study is required, if such a study is deemed necessary by the FAA.

[16]

The project proponent shall provide full disclosure of all hazardous products proposed to be used at any time at a project site shall be provided in writing to the Building Commissioner with the site plan review application; no application for site plan review shall be considered complete until such disclosure is submitted to the Building Commissioner. No such hazardous materials shall be deployed or used at any time at a project site without site plan approval. Use, storage and containment of hazardous materials shall comply with all federal, state, regional, and local codes and regulations, including building, fire, and health codes. The applicant shall require all manufacturers to attest and certify that all solar panels, solar sheets, batteries and all other materials used on the proposed site shall not contain per- and polyfluoroalkyl substances (PFAS).

Dimensional requirements. Ground-mounted solar photovoltaic installations are subject to the front, side and rear yard setbacks as set forth in the underlying zoning district(s), except that any ground-mounted, large-scale solar photovoltaic installation with 250 kw or larger of rated nameplate capacity located in a residential zoning district shall maintain a minimum 150-foot setback to residentially developed lots and 100-foot setback from all other property lines to contain noise.

Design standards.

Lighting. Lighting of solar photovoltaic installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as accessory structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded so not to trespass on to abutting properties.

Signage. Signs on large-scale, ground-mounted solar photovoltaic installations shall comply with Article VII, Sign Regulations. A sign shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number. Solar photovoltaic installations shall not be used for displaying any advertising.

Accessory structures. All structures accessory to ground-mounted solar photovoltaic installations shall be subject to reasonable regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. To avoid adverse visual impacts, all such accessory structures, including but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other, multiple accessory structures shall be clustered to the greatest extent feasible and views of such structures to residential properties and roadways shall be screened with landscaping.

Screening. The ground-mounted solar photovoltaic installation shall be screened year-round from all adjacent residential lots. Natural vegetation should be preserved to the extent possible; where existing vegetation is insufficient to achieve year-round screening, additional screening shall be provided including, but not limited to, planting of dense vegetative screening, fencing, berms, use of natural ground elevations, and/or land contouring so that the year round screening exceeds that of the height of the proposed panels it is screening. Plantings shall be of varying heights and shall be staggered to effectively screen the installation from view. Plant material should be diverse and native to Cape Cod or New England. Screening shall be completed prior to connection of the installation. Plants shall be maintained and replaced if unhealthy by the owner/operator of the installation for the life of the installation. The Building Commissioner may alter screening requirements if such screening would have a detrimental impact on the health and safety of the neighborhood.

Utility connections. Reasonable efforts, as determined by site plan review, shall be made to place all utility connections from the solar photovoltaic 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.

(f)

Battery storage siting - Batteries and battery energy storage systems are prohibited.

(g)

Emergency services. The large-scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local Fire Chief. Upon request the owner or operator shall cooperate with local emergency services in developing an emergency response plan as part of the operation and maintenance plan stated above. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

(h)

Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the large-scale, ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and bylaws.

Land clearing is prohibited within 800 feet from the outer boundary of any Zone I protective radius around a public water supply well or wellfield established by 310 CMR 22.

Land clearing in excess of two contiguous acres in connection with any single installation is prohibited.

No such installation shall be segmented or broken into separate ownerships so as to avoid the prohibitions of Subsection E(4)(h)[1] and [2] above.

Existing vegetative cover, root structures, flat field or gravel areas, and topsoil shall be maintained to the maximum extent practicable to prevent soil erosion.

Ground surface areas beneath solar arrays and setback areas, open areas within the solar array and between the array, and vegetated buffers, including stormwater management areas shall be seeded with a native seed mix, with a preference for native groundcovers and deep-rooted native grasses suitable for site stabilization and erosion control and that are low maintenance (requiring no fertilizers, pesticides, or herbicides or irrigation except as may be necessary for initial establishment, and minimal to no mowing) and/or pollinator-friendly installations. Existing gravel areas that are well drained and stable may remain.

(i)

Stormwater management. Effective stormwater and erosion controls shall be maintained at all times. All stormwater control measures shall either maintain or reduce preexisting runoff.

As stated above, a stormwater management plan must be submitted with the stamp and signature of a registered professional engineer (PE) who is licensed in the Commonwealth of Massachusetts. The stormwater management plan shall conform to the more stringent of any conditions or standards of this subsection and the Massachusetts Department of Environmental Protection's Stormwater Handbook, as amended. The stormwater management plan shall contain sufficient information for the Planning Board to evaluate the environmental impact and effectiveness of the measures proposed for retaining stormwater on the parcel site and shall fully describe the project in drawings, narrative, and calculations. It shall include:

The site's existing and proposed topography;

All areas of the site designated as open space;

[c]

A description and delineation of existing stormwater conveyances, impoundments, environmental resources on or adjacent to the site into which stormwater flows;

[d]

A delineation of 100-year floodplains, if applicable;

[e]

Estimated seasonal high groundwater elevation in areas to be used for stormwater retention, detention, or infiltration;

[f]

Existing and proposed vegetation and ground surfaces with runoff coefficients for each;

[g]

Calculations for the two-, ten-, twenty-five- and 100-year, as outlined in the Massachusetts Stormwater Handbook, latest edition. Pipe sizes, depth of flow, capacities and velocities shall be included;

[h]

A drainage area map showing pre- and post-construction watershed boundaries, drainage area and stormwater flow paths, including municipal drainage system flows, at a scale that enables verification of supporting calculations;

[i]

A recharge analysis that calculates pre- and post-construction annual groundwater recharge rates on the parcel;

[j]

A description and drawings of all components of the proposed stormwater management system;

[k]

Hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in the Massachusetts Stormwater Handbook;

[l]

Soils information from test pits performed at the location of proposed stormwater management facilities, including soil descriptions, depth to seasonal high groundwater and depth to bedrock. Soils information will be based on site test pits logged by a Massachusetts Certified Soil Evaluator;

[m]

Any construction phasing proposed to mitigate stormwater impacts.

All stormwater infrastructure shall be owned and maintained by the owner of the installation and shall be located on the same parcel as the solar installation.

Stormwater management systems shall be designed so that post-development peak discharge rates and volumes, for the two-, ten-, twenty-five-, and 100-year storm frequency, do not exceed pre-development peak discharge rates and volumes. To the maximum extent practicable, low impact development vegetated best management practices shall be used in accordance with the guidance for BMP selection and installation found in the Massachusetts Stormwater Handbook, latest edition.

All pipes, catch basins and other materials utilized in the stormwater facilities shall be approved by the Town of Barnstable Department of Public Works, or designee.

To ensure proper containment and stabilization of the site during the construction phase, a stormwater pollution prevention plan, with the stamp and signature of a registered professional engineer (PE) who is licensed in the Commonwealth of Massachusetts, to control construction-related impacts, including erosion, sedimentation, and other pollutant sources during construction and land disturbance activities, shall be submitted, approved by the Town of Barnstable and implemented. Such plan shall be developed to document compliance with the Massachusetts Stormwater Handbook, latest edition.

[6]

A long-term stormwater operation and maintenance plan with the stamp and signature of a registered professional engineer (PE) who is licensed in the Commonwealth of Massachusetts, shall be developed and implemented to ensure that stormwater management systems function as designed. Such plan shall be developed to document compliance with the Massachusetts Stormwater Handbook.

The long-term stormwater operation and maintenance plan shall at a minimum include:

[i]

Stormwater management system(s) owners;

[ii]

The party or parties responsible for operation and maintenance of all aspects of the stormwater management system;

[iii]

The routine and non-routine maintenance tasks to be undertaken after construction is complete and a schedule for implementing those tasks;

[iv]

A plan that is drawn to scale and shows the location of all stormwater control measures;

[v]

A schedule for routine inspections as well as a description of storms that would trigger immediate inspections following the storm;

[vi]

An inspection and maintenance log form;

[vii]

An estimated stormwater operations and maintenance budget;

[viii]

Permission from the operator to allow agents of the Town of Barnstable to enter and inspect the premises to evaluate and ensure that the responsible party complies with the long-term stormwater operation and maintenance plan requirements for each measure.

During times of construction and post-construction where stormwater generated from the project area may inadvertently enter the public way, the owner shall be responsible for direct costs incurred by the town, including but not limited to stormwater related clean up, sanding, salting, street sweeping or other necessary management when required for the protection of public health and safety.

Abandonment or decommissioning of large-scale, ground-mounted photovoltaic installations.

Removal requirements. Any large-scale, ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned consistent with this section 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 Building Commissioner by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

Physical removal of all large-scale, ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

Stabilization or revegetation of the site as necessary to minimize erosion. The Building Commissioner may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate at less than 25% of its nameplate capacity for more than one year without the written consent of the Planning Board. If the owner or operator of the large-scale, ground-mounted solar photovoltaic 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 may enter the property and physically remove the installation.

Financial surety. Proponents of large-scale, ground-mounted solar photovoltaic projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal and disposal in the event the Town must remove the installation and remediate the landscape, in an amount and in a form acceptable to the Town Attorney but in no event 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. Such surety will not be required for municipally 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 pro rating removal costs as they may be affected by inflation or changes to disposal regulations. And shall not include the value of scrap materials that may be realized by a private enterprise.

Special permit provisions. A special permit shall be granted by the Planning Board if the Planning Board determines the following criteria have been met.

Site Plan Approval in accordance with Subsection E; and

Adequate measures to contain and suppress noise and sound as deemed appropriate by the Planning Board, including, but not limited to, minimum 150-foot setback to residentially developed lots, a minimum of 175-foot setback where residential dwelling unit exists within 50 feet of the property line shared by the subject property, and 100-foot setback from all other property lines to the ground-mounted solar photovoltaic installation. The above prescribed setbacks shall be undisturbed in perpetuity. Undisturbed setback shall include the following, unless conditioned by the Planning Board: no removal or excavation of soil with in the setback, no dumping or discharging of material with in the setback, no motorized vehicles of any kind within the setback, no ongoing maintenance by anything other than an individual(s) removing debris by hand, no other change in conditions to the setback unless reviewed and approved by the permit granting authority.

Screening. The ground-mounted solar photovoltaic installation shall be screened year-round from all adjacent residential lots. Natural vegetation should be preserved to the extent possible; where existing vegetation is insufficient to achieve year-round screening, additional screening shall be provided including, but not limited to, planting of dense vegetative screening, fencing, berms, use of natural ground elevations, and/or land contouring so that the year round screening exceeds that of the height of the proposed panels it is screening. Plantings shall be of varying heights and shall be staggered to effectively screen the installation from view. Plant material should be diverse and native to Cape Cod or New England. Screening shall be completed prior to connection of the installation. Compliance with screening requirements that are conditions of a special permit shall be enforceable to the fullest extent permitted by law. Plants shall be maintained and replaced if unhealthy by the owner/operator of the installation for the life of the installation.

Federal Aviation Administration (FAA) approval of Solar Glare Study, if such a study is deemed necessary by the FAA.

Cape Cod Commission approval as required and evidence to the Planning Board of said approval.

(6)

Full disclosure of all hazardous products, as defined by the Massachusetts Department of Environmental Protection pursuant to 310 CMR 30.000, proposed to be used at any time at a project site shall be provided in writing to the Planning Board with the special permit application; no application for a special permit shall be considered complete until such disclosure is submitted to the Planning Board. No such hazardous materials shall be deployed or used at any time at a project site without approval of the special permit by the Planning Board.

(7)

Use, storage and containment of hazardous materials shall comply with all federal, state, regional, and local codes and regulations, including building, fire, and health codes.

Any equipment which includes hazardous materials shall provide design containment equal to a minimum of 110% of the hazardous material volume contained in the associated equipment plus an additional volume to include the 100-year storm event over a twenty-four-hour period.

Hazardous materials stored, used, or generated on site shall not exceed the amount for a Very Small Quantity Generator of Hazardous Waste as defined by the Massachusetts Department of Environmental Protection pursuant to 310 CMR 30.000.

(8)

Expanded operation and maintenance plan. The project proponent shall submit a plan for the operation and maintenance of the ground-mounted solar photovoltaic installation, which shall include specific measures for maintaining safe access to the installation, a stormwater management plan,, and general procedures for and frequency of operational maintenance of the installation. The operation and maintenance plan shall include measures for maintaining year-round safe access for emergency vehicles, snow plowing, stormwater controls, and general procedures, and a yearly schedule for the operation and maintenance of the facilities including fencing, and maintenance of landscaping. The operation and maintenance plan shall include details on hazardous material containment maintenance and monitoring as well as the following:

Commissioning plan. Such plan shall document and verify that the system and its associated controls and safety systems are in proper working condition in accordance with Massachusetts Building Code and Massachusetts Fire Code (herein known as Uniform Code). Where commissioning is required by the Uniform Code, a corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning. A report describing the results of the system commissioning shall be provided to Building Commissioner prior to final inspection and approval and maintained at an approved on-site location.

Fire safety compliance plan. Such document shall document and verify that the system and its associated controls and safety systems are in compliance with the Uniform Code.

Operation and maintenance manual. Such document shall describe continuing solar maintenance and property upkeep, as well as design, construction, installation, testing and commissioning information and shall meet all requirements set forth in the Uniform Code.

Erosion and sediment control and stormwater management plans prepared as detailed further above.

Emergency operations plan. A copy of the approved emergency operations plan shall be given to the system owner, the local fire department, and local fire code official. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information:

Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions.

Procedures for inspection and testing of associated alarms, interlocks, and controls.

Procedures to be followed in response to notifications, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to fire department personnel for potentially hazardous conditions in the event of a system failure.

Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the fire department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.

Procedures for dealing with equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged equipment from the facility.

[6]

Other procedures as determined necessary by the Planning Board to provide for the safety of occupants, neighboring properties, and emergency responders.

[7]

Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.

(9)

Compliance with any other criteria found by the Planning Board as necessary to protect the public health, safety or welfare, including, but not limited to, the revocation of any prior permits and previous uses that benefit the project site.

Editor's Note: Section 3 of this order reads as follows: "A building permit shall be issued by the Building Commissioner within one year from the date an application submitted is deemed complete by the Building Commissioner. Failure to issue a building permit within one year shall not result in a constructive grant."

§ 240-45 Off-street storage of trailers.

[Amended 2-22-1996 by Order No. 95-194]

A mobile home may be stored in a garage or other accessory building or on the rear half of a lot owned or occupied by the owner of the mobile home. The location of the mobile home shall comply with the yard requirements of the zoning district in which it is located.

§ 240-46 Home occupation.

[Added 8-17-1995 by Order No. 95-195; amended 9-15-2022 by Order No. 2023-011]

Intent. It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation within a dwelling, subject to the provisions of this section, provided that the activity shall not be discernible from outside the dwelling except as provided herein; there shall be no increase in noise or odor; no visible alteration to the premises which would suggest anything other than a residential use; no increase in traffic above normal residential volumes; and no increase in air or groundwater pollution.

A home occupation shall be permitted in all zoning districts as of right, subject to the following conditions:

The activity is conducted by a permanent resident of a dwelling unit, located within that dwelling unit, or within an accessory structure located on the same lot, subject to the limitations herein.

Such use is clearly incidental to and subordinate to the use of the premises or occupants for residential purposes.

Such use occupies no more than 20% of the dwelling unit, including office and storage areas combined, unless relief is granted by special permit as provided by Subsection C(1)(a) below. Such use within an accessory structure shall occupy no more than 200 square feet unless relief is granted by special permit as provided by Subsection C(1)(f) below.

There are no external alterations to the dwelling which are not customary in residential buildings, and there is no outside evidence of such use except as provided herein.

The use is not objectionable or detrimental to the neighborhood and its residential character

(6)

Traffic generated shall not be more disruptive to the neighborhood than traffic normally resulting from a residential use, considering volume, hours, vehicle types and other traffic characteristics.

(7)

The use shall not involve the production of offensive noise, vibration, smoke, dust or other particulate matter, odors, electrical disturbance, heat, glare, humidity or other objectionable effects.

(8)

There is no storage or use of toxic or hazardous materials, or flammable or explosive materials, in excess of normal household quantities.

(9)

Any need for parking generated by such use shall be met on the same lot containing the customary home occupation, and not within the front yard.

(10)

There is no exterior storage or display of materials or equipment.

(11)

There are no commercial vehicles related to the home occupation, other than one van or one pickup truck not to exceed one-ton capacity, and one trailer not to exceed 20 feet in length and not to exceed four tires, parked on the same lot containing the home occupation. This section does not apply to residents of a dwelling who park take-home work vehicles that are not registered to them and that do not have a home occupation on-premises.

(12)

No sign shall be displayed indicating the home occupation.

(13)

If the home occupation is listed or advertised as a business, the street address shall not be included.

(14)

No more than one nonresident employee may be employed on the premises of a home occupation, except pursuant to a special permit in accordance with Subsection C(1)(c) below.

(15)

Home occupations shall not include such uses similar to, and including the following:

Barber- and beauty shops.

Commercial stables or kennels.[1]

Kennel – Premises used for the harboring and/or care of more than six dogs or other domestic non-farm animals six months old or over.

Offices which provide public access, provided that offices that are used only for administrative purposes shall be permitted.

The sale of retail or wholesale merchandise from the premises, with the exception of online or mail order sales. The storage of merchandise is included in the total area limits of the home occupation subject to Subsection B(3) above.

The sale of antique or secondhand goods, with the exception of online or mail order sales. The storage of merchandise is included in the total area limits of the home occupation subject to Subsection B(3) above.

(f)

Service or repair of vehicles, and gasoline- or diesel-powered machinery.

(g)

Contractor's storage yards. Contractor's storage yard includes the keeping of materials in trade outdoors, such as: lumber, granite, windows and other such bulk materials, including but not limited to stone, gravel, mulch, firewood, etc., beyond the limits of personal use.

(h)

Veterinary services.

(i)

The manufacture of goods using heavy machinery.

(j)

Medical or dental practice.

(k)

Fortune-telling or palm reading.

Home occupation by special permit. The Zoning Board of Appeals may allow by special permit, subject to the provisions of § 240-125C herein, a home occupation subject to the specific standards for such conditional uses as required in this section:

Home occupations shall comply with all of the requirements of Subsection B(1) through (11) above, except the Zoning Board of Appeals may allow by special permit the following waivers from the requirements of Subsection B above.

The Zoning Board of Appeals may allow an activity to exceed 20% of a dwelling's gross floor area by special permit but at no time shall allow a home occupation to occupy more than 40% of a dwelling's gross floor area.

The Zoning Board of Appeals may allow one nonilluminated wall sign not exceeding two square feet in area by special permit.

The Zoning Board of Appeals may allow more than one nonresident employee to be employed on the premises of a home occupation but at no time shall a home occupation allow for greater than two nonresidents of the household to be employed on the premises at the same time.

The Zoning Board of Appeals may allow the parking of one work vehicle capable of being operated under a Massachusetts Class B license related to the home occupation by special permit. All parking generated by the use by special permit shall be accommodated off-street, screened by a physical or natural barrier so not to be seen from a public way.

Home occupations shall not include the uses listed in Subsection B(15) above. However, The Zoning Board of Appeals may allow activities that may not be customary within a dwelling, provided that the activity meets the intent as specified herein.

(f)

The Zoning Board of Appeals may allow a home occupation use to be located within an accessory structure which may occupy greater than 200 square feet of the accessory structure, on the same lot as the primary residential dwelling unit occupied by the applicant. Such use within an accessory structure may occupy greater than 200 square feet by special permit but at no time shall the use within the accessory structure occupy an area within an accessory structure that is greater than 25% of the square footage of the primary residential dwelling unit occupied by the applicant.

Home occupations requiring a special permit shall require Article IX, Site Plan Review.

Any special permit granted by the Zoning Board of Appeals shall be issued solely to the applicant at his or her residence, and shall not be transferable to another person, or to another location.

§ 240-47 Shared elderly housing.

[Added 4-27-2000]

The Zoning Board of Appeals may grant special permits to allow for the use of structures as shared housing to provide care and shelter for persons with special needs due to age or disability. Said special permits shall be issued only with respect to owner-occupied single-family residences to be occupied by not more than six persons not less than 65 years of age or in approved instances persons of lesser age in need of special care, in addition to the family residents in the dwelling, and shall be conditioned upon the maintenance of proper licensed status as a shared residence under the laws of the commonwealth, and upon such other requirements as the Zoning Board of Appeals deems appropriate with respect to safety, parking, screening and other amenities designed to mitigate the impact of the use upon the neighborhood, and may be conditioned as to time and ownership in the discretion of the Board.

§ 240-47.1 Family apartments.

[Added 11-18-2004 by Order No. 2005-026; amended 10-7-2010 by Order No. 2011-010; 3-1-2018 by Order No. 2018-053]

The intent of this section is to allow within all residential zoning districts one temporary family apartment occupied only by the property owner or a member(s) of the property owner's family as accessory to a single-family residence to provide families the ability to live together as a family unit, but not to allow for a separate dwelling for rental purposes to non-family members. A family apartment may be permitted, provided that there is compliance with all the criteria, conditions and procedural requirements herein.

As of right. A family apartment shall be allowed as of right, provided that it complies with Subsection C below and satisfies the following criteria:

The apartment unit shall not exceed 50% of the square footage of the existing single-family dwelling and shall be limited to no more than two bedrooms.

Occupancy of the apartment shall not exceed two family members; occupancy limitations shall not apply to children ages 18 and under.

The family apartment shall be located within a single-family dwelling or connected to the single-family dwelling in such a manner as to allow for internal access between the units. The apartment must comply with all applicable zoning requirements for the zoning district in which it is located.

By special permit. The Zoning Board of Appeals may allow by special permit, subject to the provisions of § 240-125C herein, the following waivers from the requirements of Subsection A above:

A family apartment unit greater than 50% of the square footage of the dwelling.

A family apartment unit with more than two bedrooms.

Occupancy of a family apartment unit by greater than two adult family members.

A family apartment unit within a detached structure, with a finding that the single-family nature of the property and of the accessory nature of the detached structure are preserved.

Conditions and procedural requirements. Prior to the creation of a family apartment, the owner of the property shall make application for a building permit with the Building Commissioner providing any and all information deemed necessary to assure compliance with this section, including, but not limited to, scaled plans of any proposed remodeling or addition to accommodate the apartment, signed and recorded affidavits reciting the names and family relationship among the parties, and a signed family apartment accessory use restriction document.

Certificate of occupancy. Prior to occupancy of the family apartment, a certificate of occupancy shall be obtained from the Building Commissioner. No certificate of occupancy shall be issued until the Building Commissioner has made a final inspection of the apartment unit and the single-family dwelling for regulatory compliance and a copy of the family apartment accessory use restriction document recorded at the Barnstable Registry of Deeds is submitted to the Building Division.

Annual affidavit. Annually thereafter, a family apartment affidavit, reciting the names and family relationship among the parties and attesting that there shall be no rental of the principal dwelling or family apartment unit to any non-family members, shall be signed and submitted to the Building Division.

At no time shall the single-family dwelling or the family apartment be sublet or subleased by either the owner or family member(s). The single-family dwelling and family apartment shall only be occupied by those persons listed on the recorded affidavit, which affidavit shall be amended when a change in the family member occupying either unit occurs.

When the family apartment is vacated, or upon noncompliance with any condition or representation made, including but not limited to occupancy or ownership, the use as an apartment shall be terminated. All necessary permit(s) must be obtained to remove either the cooking or bathing facilities (tub or shower) from the family apartment, and the water and gas service of the utilities removed, capped and placed behind a finished wall surface; or a building permit must be obtained to incorporate the floor plan of the apartment unit back into the principal structure.

§ 240-47.2 Accessory dwelling units (ADUs).

[Added 7-15-2021 by Order No. 2021-174]

Purpose and intent. The intent of permitting accessory dwelling units (ADUs) is to:

Increase the number of dwelling units available for year-round rental in Town while remaining within our current wastewater capacity limitations;

Adapt single-family residential properties so they are supportive of residents at a variety of stages in their life cycle;

Encourage greater diversity and support of all populations with particular attention to young adults and senior citizens; and

Encourage a more economic and efficient use of the Town's housing supply while maintaining the appearance and character of the Town's single-family neighborhoods; and

Provide homeowners with a means of obtaining rental income to defray housing costs.

Procedural requirements.

An ADU that conforms to the requirements contained herein shall be permitted as an accessory use to a lawful single-family dwelling use, except that no ADU shall be permitted on a lot at the same time either an affordable accessory apartment exists on that lot pursuant to Chapter 9, Article II, §§ 9-12 through 9-16, of the General Ordinances of the Code of the Town of Barnstable or as a family apartment exists on that lot pursuant to § 240-47.1.

Prior to issuance of a building permit for an ADU, site plans, floor plans and elevations shall be submitted showing the proposed interior and exterior changes to existing buildings or new buildings and improvements on a lot associated with a proposed ADU.

The construction of any accessory dwelling unit must be in conformity with the federal, state, and local laws and regulations, including all historic, and Old King's Highway requirements if applicable.

Use and dimensional requirements. The Building Commissioner may issue a building permit authorizing the installation and use of an accessory dwelling unit within a lawful existing or new single-family dwelling to which the ADU is accessory, or in a new or existing detached building accessory to and on the same lot as the principal dwelling subject to the following:

No more than one ADU may be created per lot. This provision is not subject to variance.

If the primary entrance of an ADU is not proposed to be shared with that of the principal dwelling, such entrance shall be less visible from the street view of the principal dwelling than the main entrance of the principal dwelling.

An ADU shall be designed so that, to the maximum extent practical, the appearance of the property on which it is to be located remains that of a single-family residential property. Any addition or new construction shall be consistent in design with the principal single-family dwelling, considering the following: architectural details, roof design, building spacing and orientation, door and window location, and building materials. Any person aggrieved by the determination of a Town official with respect to a determination under this subsection may appeal said determination to the Zoning Board of Appeals.

The ADU shall contain no more than two bedrooms. ADUs, in accordance with the definition, shall have a maximum habitable floor area that is not larger than 1/2 of the habitable floor area of the principal single-family dwelling unit (exclusive of floor area that converted to the ADU), or 900 square feet, whichever is smaller. ADUs with more than two bedrooms and/or a maximum habitable floor area greater than 900 square feet may be permitted by special permit from the Zoning Board of Appeals. Garages, unfinished attics and basements, common entries, porches and decks shall not be included in the floor area calculations.

[Amended 7-15-2021 by Order No. 2021-175]