The purpose of this section is to address the well-documented secondary impacts of adult uses, as defined herein. Such secondary impacts have been found to include increased levels of crime, blight resulting from the clustering and concentration of adult uses, adverse impacts on the business climate of municipalities, and adverse impacts on property values of residential and commercial properties. Late-night noise and traffic also increase due to the late hours of operation of many of these establishments. This section is enacted pursuant to MGL c. 40A, § 9A, with the purpose and intent of addressing and mitigating the secondary impacts of adult uses that are adverse to the health, safety, and welfare of the Town and its inhabitants.
The provisions of this section have neither the purpose nor intent of imposing a limitation or restriction on the content of any communicative matter of materials, including sexually oriented matters or materials. Similarly, it is not the purpose or intent of this section to restrict or deny access by adults to sexually oriented matter or materials protected by the Constitution of the United States or of the Commonwealth of Massachusetts, or to restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute, or exhibit such matter or materials. Neither is it the purpose or intent of this section to legalize the sale, rental, distribution, dissemination, or exhibition of obscene or other illegal matter or materials, as defined in MGL c. 272, § 31.
See "adult use" in Section 11.0.
All adult uses are allowed only in the Light Industrial (LI) District upon the granting of a special permit by the Zoning Board of Appeals. No adult use shall be located less than 400 feet:
1. 
From any residential zoning district or from any residential use;
2. 
From any public or private school, or municipal building open to the general public;
3. 
From any church or other religious facility;
4. 
From any public park or recreation area and any principal or accessory private recreational facility use; or
5. 
From any day-care center, senior housing facility or hospital.
The minimum distance specified above shall be measured in a straight line from the nearest property line of the premises on which the adult use is to be located to the nearest boundary line of a residential zoning district, or the nearest property line of any of the designated uses set forth herein, except where the distance to be measured crosses Interstate 95 or US Route 1, in which case the distance shall be limited by and measured only to the boundary of such highway.
1. 
The maximum lot coverage, including building, parking and driveways, shall be 50% of the upland lot area.
2. 
A fifty-foot vegetated buffer containing adequate screening appropriate to the character of the area and the intensity of the use shall be provided between an adult use and other abutting commercial uses.
3. 
An adult use shall not be allowed within a building containing other retail, consumer or residential uses, or within a shopping center, shopping plaza, or mall.
4. 
There shall be screening of windows and doors to prevent the public's view of the interior from any public or private right-of-way or abutting property.
5. 
No adult use shall be allowed to disseminate adult matter to minors, to cause adult use displays to be viewed by minors or to allow minors to linger on the premises.
Off-street parking and loading shall be provided as required for retail uses in the Light Industrial District.
1. 
Only one sign, to be mounted flat on the building wall face, shall be allowed for an adult use. The area of this wall sign shall be not more than 10% of the projected area of the elevation it is attached to, except that no sign shall exceed 30 square feet.
2. 
Only one freestanding sign may be allowed at the discretion of the Zoning Board of Appeals, in a situation where the wall sign may not be visible from the street on which the property has frontage. This freestanding sign shall not be located within five feet of any street or property line and not more than 10 feet above the ground. Any such sign shall have a maximum sign area of four square feet.
3. 
All other signs, including temporary and window signs, whether on the exterior of the building or visible from the exterior of the building, are prohibited.
4. 
No adult use may have any flashing lights visible from outside the establishment. Furthermore, no sign shall rotate or contain reflective or fluorescent elements.
5. 
The appropriate lighting of the sign(s) shall be determined by the Zoning Board of Appeals.
6. 
The sign(s) shall otherwise comply with the Sign Bylaw, Chapter 221 of the General Bylaws of the Town of Sharon.
In addition to the requirements in this section, special permit applications for approval shall comply with the submittal requirements for site plan approval as detailed in § 10.6 and shall contain the following additional information:
1. 
Names and addresses of the legal owner(s) of the adult entertainment establishment.
2. 
Names and addresses of all persons having a fee, equity and/or security interest in such establishment. In the event a corporation, partnership, trust or other entity is listed, the name and address of every person who has an ownership interest and/or beneficial interest in the entity must be listed in order that the special permit granting authority will know who are the persons who will actually own and control the establishment. The applicant and/or owner must disclose if they have been convicted of violating the provisions of MGL c. 119, § 63 (inducing or abetting delinquency of a child) or MGL c. 272, § 28 (matter harmful to minors, etc.) or similar laws in other states.
3. 
Name and address of the manager.
4. 
The number of employees, or proposed number of employees, as the case may be.
5. 
Proposed security precautions.
6. 
The external and internal physical layout of the premises.
7. 
Full description of the intended nature of the business.
8. 
The distances between the proposed adult use establishment and any residential zoning district, public or private school, church or other religious facility, public park or recreation area, group day-care center, family day-care center, senior housing facility and hospital, and municipal building open to the general public.
The special permit granting authority act in accordance with § 10.5 in approving or denying a special permit. The special permit granting authority may attach such conditions, limitations and safeguards as are deemed necessary to protect the immediate area and the Town; provided, however, that no such conditions in fact prohibit the use of the property for the use intended. No special permit shall take effect until such decision has been recorded in the Registry of Deeds. Conditions of approval may include but are not limited to the following:
1. 
Street, side or rear setbacks greater than the minimum required by this bylaw.
2. 
Requirement of screening of parking areas or other parts of the premises from adjoining premises or from the street, by walls, fences, planting, or other means.
3. 
Modification of the exterior features or appearances of the structure.
4. 
Limitation of size, number of occupants, method or time of operation, or extent of facilities.
5. 
Regulation of number, design and location of access drives or other traffic features.
6. 
Requirement of off-street parking or other special features beyond the minimum required by this or other applicable bylaws.
7. 
The special permit shall be issued to the owner of the establishment and shall not transfer with a change in ownership of the business and/or property.
The special permit granting authority shall impose the following mandatory conditions:
1. 
A manager responsible for the operation of the establishment shall be designated by the owner, if the owner is not the manager. The manager shall register with the Select Board. No manager shall be designated who has been convicted of violating MGL c. 119, § 63, or MGL c. 272, § 28, or similar laws in other states.
2. 
Special permits for adult use establishments shall not be granted to any person or persons convicted of violating the provisions of MGL c. 119, § 63, nor MGL c. 272, § 28, or similar laws in other states.
Any special permit granted hereunder for an adult use establishment shall lapse after one year, including such time required to pursue or await the determination of an appeal from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause, or in the case of a permit for construction, if construction has not begun by such date except for good cause, including such time to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17, from the grant thereof.
Any adult use establishment that was in existence as of the first date of the publication of the notice of public hearing on this zoning amendment regulating adult uses may continue to operate in the same location, without material change in scale or content of the business, but shall apply for such special permit within 90 days following the adoption of this bylaw and shall thereafter comply with all of the requirements herein.
Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violated any Town bylaw or statute of the Commonwealth of Massachusetts regarding public nuisances, sexual conduct, lewdness, or obscene or harmful matter, or the exhibition or public display thereof.
The purpose of this section is to:
1. 
Preserve the character and appearance of Sharon while allowing adequate telecommunications services.
2. 
Protect the scenic, historic, environmental, natural and man-made resources of Sharon.
3. 
Provide standards and requirements for the regulation, placement, appearance, camouflaging, construction, monitoring, design, modification and removal of telecommunications facilities.
4. 
Provide a procedural basis for action within a reasonable period of time on requests for authorization to place, construct, operate, modify or remove telecommunications facilities.
5. 
Locate telecommunications facilities in a manner that protects property values, as well as the general safety, welfare and quality of life of the citizens of Sharon and all those who visit this community.
6. 
Minimize the total number and height of towers throughout Sharon.
7. 
Locate telecommunications facilities so that they do not have negative impacts, such as, but not limited to, attractive nuisance, excess noise, excess light and falling objects.
8. 
Require owners of telecommunications facilities to design and site them so as to minimize and mitigate the adverse visual effects of the towers and facilities.
9. 
Require co-location and the clustering of telecommunications facilities, where possible, consistent with safety and aesthetic considerations.
10. 
Otherwise minimize the impact of telecommunications facilities, including satellite dishes and antennas, on adjacent properties and residential neighborhoods.
This section is intended to be consistent with state and federal law and, in particular, the Telecommunications Act of 1996 in that:
1. 
They do not prohibit or have the effect of prohibiting the provision of telecommunications services; and
2. 
They are not intended to be used to unreasonably discriminate among providers of functionally equivalent telecommunications services; and
3. 
They do not regulate telecommunications services on the basis of the environmental effects of radio frequency emissions to the extent that the regulated services and telecommunications facilities comply with the FCC's regulations concerning such emissions.
See "telecommunications facility" in Section 11.0.
The following wireless communications facilities are exempted from the provisions of this section: police, fire, ambulance and other emergency dispatch, citizen band radio, and towers and equipment used exclusively by a federally licensed amateur radio operator. Nothing contained herein shall be deemed to prohibit the construction or use of an amateur structure by a federally licensed amateur radio operator. No telecommunications facility or repeater shall be exempt from this bylaw for any reason, including a facility or repeater which is proposed to share a tower or other structure with designated exempt uses.
No telecommunications facility shall be erected or installed except in compliance with the provisions of this section. In all cases, a special permit is required from the Zoning Board of Appeals acting as SPGA. Any proposed major modification of an existing telecommunications facility or tower shall be subject to a new application for a special use permit.
Telecommunications facilities may be located in the following zoning districts:
1. 
Light Industrial District.
2. 
Business District.
3. 
In other zoning districts, antennas may be added to preexisting structures. These structures must have a clearly defined permanent nonresidential use in existence for at least one year prior to the application and: the antennas do not exceed the height of the existing structure; sufficient space exists at the base of the structure for the placement of equipment with proper screening and access; and provisions are made for more than one telecommunications provider where possible.
The following additional requirements shall apply to telecommunications facilities:
1. 
Access roads and above-ground utilities. Where new towers and telecommunications facilities require construction of, or improvements to, access roads, said roads, to the extent practicable, shall follow the contour of the land and be constructed or improved in a manner which creates minimum environmental and aesthetic harm. Utility or service lines shall be designed and located so as to protect, and minimize or prevent debasement of, the scenic character or beauty of the area. The SPGA shall request comments from the Chiefs (or their designees) of Fire, Police and other emergency services regarding the adequacy for emergency access of any planned drive or roadway to the site.
2. 
Setbacks for new towers. New towers shall have a fall zone setback of at least the height of the tower, plus 50 feet, from all boundaries of the site. This setback requirement is intended to create a fall zone in the event of a tower collapse. Towers also shall be subject to the buffer zone setback set forth in Subsection 5, below.
3. 
Camouflage and landscape screening. All telecommunications facilities shall be designed so as to be camouflaged to the greatest extent possible, including, but not limited to, use of compatible building materials and colors, screening, landscaping and placement within trees, and use of alternative-design mounting structures to conceal the presence of antenna(s) or tower(s). Screening shall be required at the perimeter of the site. If telecommunications facilities are not camouflaged from public view by or within existing buildings or structures, buffers of dense tree growth and year-round visual buffer shall surround them. Ground-mounted telecommunications equipment shall be enclosed within a vegetated buffer of sufficient height and depth to provide effective screening. Trees and vegetation may be existing on the subject site or installed as part of the proposed telecommunications facility or a combination of both. The SPGA shall determine the types of trees and plant materials and depth of the buffer based on site conditions. If the telecommunications facility is in a wooded area, a vegetated buffer strip of undisturbed trees shall be retained for at least 50 feet in width around the entire perimeter except where the access drive is located. The applicant shall post a bond at a local bank to cover the cost of the remediation of any damage to the landscape which may occur during the clearing of the site.
4. 
Security barriers and signs. Adequate warning signs and security barriers shall be installed as needed to protect the public and at a minimum shall meet federal requirements. The visual impact of any security barriers shall be minimized, consistent with the intended purpose of the security barriers.
5. 
Communication equipment shelters and accessory buildings. Said shelters and buildings shall be designed to be architecturally similar and compatible with each other, and shall be no more than 12 feet high. Said shelters and buildings shall be used only to house telecommunications equipment related to the site on which they are located. Whenever possible, these shelters and buildings shall be joined or clustered so as to appear as one building. Communication equipment shelters and accessory buildings shall be designed to be consistent with traditional local architectural styles and materials, with a recommended roof pitch of at least 10/12 and wood clapboard or shingle siding; or they shall be camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed building, and/or wooden fence, consistent with the security barrier standards of this section. The SPGA shall determine the style of fencing and/or landscape buffer that is compatible with the neighborhood.
6. 
Tower finish. New towers shall have a galvanized finish unless otherwise required. The SPGA may require the towers to be painted or otherwise camouflaged to minimize their visual impact.
7. 
Towers shall be constructed at the minimum height necessary to accommodate the anticipated use, and may not exceed 120 feet in height.
8. 
Tower(s) must be of a type that potentially can be used for co-location. Freestanding monopoles shall be the only permitted type of tower. Lattice-style towers and similar structures requiring three or more legs and/or guy wires shall not be permitted. Monopoles shall not be located atop buildings.
9. 
Minimizing the number of required towers/antennas. The use of repeaters or less intrusive wireless technologies to assure adequate coverage and/or capacity, or to fill holes within areas of otherwise adequate coverage, shall be permitted and encouraged. An applicant who has received a special permit under this section may install, with at least 30 days' written notice to the SPGA, the Board of Health, Conservation Commission, Inspector of Buildings and Town Clerk, one or more additional repeaters by right, although site plan review before the SPGA shall be required. Applicant shall detail the number, location, power output, and coverage of any proposed repeaters and provide engineering data to justify their use. Abutters must be notified in accordance with § 10.6.
10. 
Commercial advertising. Commercial advertising shall not be allowed on any antenna, tower, accessory building or communication equipment shelter, or on any security barrier.
11. 
Lighting of towers. Unless required by the Federal Aviation Administration (FAA), no lighting of tower(s) is permitted. In any circumstance where a tower is determined to need obstruction marking or lighting, applicants must seek the least visually obtrusive marking and/or lighting scheme in their FAA applications. Emergency, safety or security lighting may be utilized when there are people at the site.
12. 
Hazard to air navigation. No tower or telecommunications facility is permitted that would be classified as a hazard to air navigation, as defined by FAA regulations in Title 14 of the Code of Federal Regulations, or as otherwise set forth by the FAA.
13. 
Noise. Telecommunications facilities shall be designed in such a way that sounds from the site shall remain within ambient levels at the perimeter of the site.
Telecommunications facilities shall be located so as to minimize the following potential impacts:
1. 
Visual/Aesthetic. Towers shall be sited, where possible, off ridge lines, and where their visual impact is least detrimental to scenic views, and shall be camouflaged in accordance with this section.
2. 
Diminution of residential property values, based on supporting documentation.
3. 
Safety hazards, including, but not limited to, structural failure, ice accumulation and discharge, excessive electromagnetic radiation in the event that a tower or telecommunications facility is found to exceed FCC radiation guidelines at any time, and attractive nuisance.
4. 
Shared use of existing telecommunications facilities, such as co-location, shall be encouraged (if it is demonstrated that safety is not compromised as a result).
5. 
Telecommunications facilities shall be sited on existing non-telecommunications structures where not otherwise prohibited by this bylaw.
6. 
Use of municipal, state and federal lands, which comply with other requirements of this bylaw, and where visual and safety impacts can be minimized and mitigated, shall be encouraged.
7. 
Use of very low power repeaters to provide adequate coverage, without requiring new tower(s), shall be encouraged.
All dedicated freestanding telecommunications facilities, with the exception of repeaters, shall be sited as far away as possible, and in no event closer than 500 feet horizontally, from existing structures on adjacent lots, unless otherwise required to comply with this section. No repeater shall be located closer than 200 feet horizontally to existing structures on adjacent lots, unless otherwise required to comply with this section, or more than 35 feet above ground, without demonstration by the applicant that such placement is the only way in which adequate coverage can be provided. These restrictions shall not be interpreted to prohibit the construction of new structures on lots adjacent to telecommunications facilities.
1. 
Limited number of towers and telecommunication facilities. Towers and telecommunications facilities shall be located so as to provide adequate coverage and adequate capacity with the lowest number of towers, antennas and repeaters which is technically and economically feasible.
1. 
Telecommunication facilities shall not be located in wetlands unless approved by the Conservation Commission of the Town of Sharon.
2. 
No hazardous waste shall be discharged on the site of any telecommunications facility. If any hazardous materials are to be used on the site, there shall be provisions for full containment and safe removal of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on the site.
3. 
Stormwater run-off shall be contained on-site.
If the primary coverage area (greater than 50%) from a proposed telecommunications facility is outside the Town of Sharon, a special use permit may be denied unless the applicant can demonstrate that it is unable to locate the proposed telecommunications facility within the Town or area outside of Sharon which would be the primary recipient of service from the proposed telecommunications facility.
All applications for telecommunications facilities shall be made and filed on the appropriate application form in compliance with the SPGA's application process. For all applications, three copies of the following information must be submitted:
1. 
A locus plan at a scale of one inch equals 1,000 feet, which shall show all property lines, the exact location of the proposed telecommunications facility, streets, landscape features, dwelling units, all buildings within 500 feet of the site and all abutters to the site as shown on the most recent Town Assessor's map.
2. 
A color photograph or rendition of the proposed telecommunications facility with its antennas, panels, and/or satellite dishes. A rendition shall also illustrate the siting of the telecommunications facility from the nearest street or streets.
3. 
The following information prepared by a professional engineer:
a. 
A description of the telecommunications facility and the technical, economic and other reasons for the proposed location, height and design.
b. 
Confirmation that the telecommunications facility complies with all applicable federal and state standards.
c. 
A description of the capacity of the telecommunications facility, including the number and type of panels, antennas, satellite dishes and/or transmitter and receiver that it can accommodate and the basis of these calculations.
4. 
If applicable, a written statement that the proposed telecommunications facility complies with, or is exempt from, applicable regulations administered by the Federal Aviation Administration (FAA), FCC, Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health.
5. 
Detailed propagation maps and reports indicating the area to be covered by the proposed telecommunications facility and the current locations of existing telecommunications facilities, whether in Sharon or not, that provide coverage to Sharon, and the areas that are covered by those sites.
1. 
Existing coverage. Applicant shall provide written documentation demonstrating that all existing or proposed telecommunication facilities in Sharon, in abutting towns, and within five miles of the proposed site cannot reasonably be made to provide adequate coverage and/or adequate capacity to the Town of Sharon. For each proposed telecommunications facility, an identified applicant shall demonstrate with written documentation that said existing telecommunication facilities are not already providing, or cannot reasonably be modified or adjusted to provide, adequate coverage and/or adequate capacity to the Town of Sharon. Said documentation shall include, for each telecommunications facility listed, the exact location, ground elevation, height of tower or structure, type of antenna(s), antenna gain, height of antenna(s) on tower or structure, output frequency, number of channels, power input and maximum power output per channel. Potential adjustments to these existing telecommunication facilities, including changes in antenna type, orientation, gain, height or power output, shall also be specified. Radial or tiled coverage plots from each of these telecommunication facilities, as they exist, and with adjustments as above, shall be provided as part of the application, along with relevant drive testing and data mapping.
2. 
Repeaters. Applicant shall demonstrate with written documentation that it has analyzed the feasibility of repeaters in conjunction with all telecommunications facilities listed in compliance herein to provide adequate coverage and/or adequate capacity to the Town of Sharon. Radial or tiled coverage plots of all repeaters considered for use in conjunction with these telecommunication facilities shall be provided as part of the application.
3. 
Three-year plan. All applications shall be accompanied by a written three-year plan for use of the proposed telecommunications facilities. This plan should include justification for capacity in excess of immediate needs, as well as plans for any further development within Sharon.
4. 
The SPGA may deny a special use permit if the SPGA finds that adequate coverage for Sharon can be provided by any existing or proposed telecommunications facilities, with or without the use of repeater(s), or can reasonably be provided by modification or adjustments to said telecommunications facilities; or Sharon already has adequate coverage from this provider.
The following guidelines shall be used when preparing plans for the siting and construction of all telecommunications facilities, in addition to all other relevant requirements set forth in this bylaw:
1. 
The height of antennas or satellite dishes located on residential buildings or in the yards of residential structures shall not exceed the tree line of the lot.
2. 
Antennas or satellite dishes located on nonresidential buildings shall not exceed 10 feet in height above the roof line of the structure, unless additional height restrictions apply pursuant to this section.
3. 
All telecommunications facilities shall be sited in such a manner that the view of a facility from adjacent abutters, residential neighbors and other areas of the Town of Sharon shall be as limited as possible. All monopoles, antennas and satellite dishes shall be camouflaged. A different coloring scheme shall be used to blend the structure with the landscape below and above the tree or building line.
4. 
Satellite dishes and antennas shall be situated on or attached to a structure in such a manner that they are screened from view from abutting streets. Freestanding dishes or antennas shall be positioned in such a manner so as to minimize visibility from abutting streets and residences and in such a manner as to limit the removal of existing vegetation. All telecommunications equipment shall be colored, molded and/or installed to blend into the structure or landscape.
5. 
Telecommunications facilities shall be designed to accommodate the maximum number of users technologically practical. The intent of this requirement is to reduce the number of telecommunications facilities that need to be sited within the Town of Sharon.
6. 
There shall be no signs at telecommunications facilities except for announcement signs, "no trespassing" signs and a required sign giving a phone number where the owner can be reached 24 hours a day. All signs shall conform to the Sign Bylaw of the Town of Sharon, Chapter 221, Signs.
7. 
There shall be a minimum of one parking space for each telecommunications facility, to be used in connection with the maintenance of the facility, and not to be used for the permanent storage of vehicles or equipment.
In addition to the criteria set forth in § 10.5, the SPGA shall consider the following:
1. 
Applications for special use permits may be approved, or approved with conditions, if the applicant can fulfill the requirements of this bylaw to the satisfaction of the SPGA.
2. 
Applications for special permits shall be denied if the applicant cannot fulfill or address the requirements of this bylaw to the satisfaction of the SPGA, unless the SPGA elects to grant a waiver pursuant to § 7.2.19.
3. 
When considering an application for a telecommunications facility, the SPGA shall place great emphasis on the visual impact of the facility on residential structures. New telecommunications facilities shall only be considered after a finding that existing (or previously approved) telecommunications facilities cannot provide adequate capacity and/or coverage.
4. 
When considering an application for an antenna or satellite dish to be placed on a structure or in a residential neighborhood, the SPGA shall place great emphasis on the visual impact of the telecommunications equipment to the abutting neighborhoods and street(s).
Upon submission of an application for a special use permit under this bylaw, the SPGA shall hire independent consultants, whose services shall be paid for by the applicant pursuant to Sharon's policies and procedures. Said independent consultants shall be qualified professionals with a record of service to various types of customers, including, but not limited to, government bodies and consumer groups, in one of the following fields appropriate for the issues being studied: telecommunications/radio frequency engineering; structural engineering; assessment of EMFs; and such other fields as may be deemed necessary by the SPGA.
1. 
The SPGA shall select the independent consultants from a list of potential consultants developed and maintained in consultation with the Board of Health and the Conservation Commission.
2. 
Upon submission of a complete application for a special use permit under this bylaw, the SPGA shall provide its independent consultants with the full application for their analysis and review.
3. 
Applicants for any special permit under this bylaw shall obtain permission from the owner(s) of the proposed facility site(s) or telecommunications facilities for Sharon's independent consultants to conduct any necessary site visit(s).
1. 
Pre-activation testing. After issuance of a special use permit and prior to commencement of transmission by a successful applicant's telecommunications facilities, said applicant shall pay for independent consultants, hired by the SPGA, to monitor the background levels of EMF radiation around the proposed facility site and/or any repeater locations used for applicant's telecommunications facilities. The independent consultants shall use the monitoring protocol. A report of the monitoring results shall be prepared by the independent consultants and submitted to the Select Board, the SPGA, the Board of Health, the Director of the Department of Public Works, the Inspector of Buildings and the Town Clerk.
2. 
Post-activation testing. Within 14 business days after transmission begins, the owner(s) of any telecommunications facility shall pay for independent consultants, hired by the Town, to conduct testing and monitoring of nonionizing radiation emitted from said telecommunications facility, and to report the results of said monitoring. Said monitoring shall be conducted on a semi-annual basis, using actual field measurements of nonionizing radiation in accordance with the monitoring protocol. A report of the monitoring results shall be prepared by the independent consultants and submitted to the Select Board, the SPGA, the Board of Health, the DPW Director, the Inspector of Buildings and the Town Clerk. Any major modification of an existing telecommunications facility or tower, or the activation of any additional permitted channels, shall require new monitoring.
3. 
Excessive emissions. In the event that the monitoring of a telecommunications facility reveals that the facility exceeds the current FCC standard (or other currently applicable standard if changed), the owner(s) of all telecommunications equipment using that site shall be so notified. Said owner(s) shall submit to the SPGA and the Inspector of Buildings, within 10 business days of noncompliance, a plan for reducing emissions to a level that complies with current FCC requirements. Said plan shall reduce emissions to the current requirements within 15 days of initial notification of noncompliance. Failure to accomplish such reduction of emissions within 15 days of notification of noncompliance shall be a violation of this bylaw and the special use permit and may result in the imposition of fines in accordance with § 10.2, or revocation of the special use permit, or both. Such fines shall be payable to the Town of Sharon by the owner(s) of the Tower.
4. 
Structural inspection. The owner(s) of a telecommunications facility shall comply with all state and local requirements for structural inspection and certification. In addition, all towers shall be inspected by the Inspector of Buildings or independent consultants after sustained winds of 90 miles per hour, in the event of unsafe conditions such as severe ice build-up, and in any event not less than every seven years. The owner(s) shall grant its permission and the permission of any other relevant parties to carry out such inspections.
5. 
Unsafe structure. In the event that the inspection of any tower reveals structural defects which, in the opinion of the Inspector of Buildings or independent consultants, render that tower unsafe, the following actions must be taken: the owner(s) must be given notice of the unsafe condition, and, within 10 business days of notification, the owner(s) of the tower shall submit a plan to remedy the structural defects to the Inspector of Buildings for approval. This plan shall be initiated within 10 days of the submission of the remediation plan, provided it is approved by the Inspector of Buildings, and completed as soon thereafter as reasonably possible. Failure to accomplish remediation of structural defect(s) within 30 days of the original notice (or such shorter or longer period as may be determined to be reasonable in the event that the Inspector of Buildings determines that the tower poses a substantial and imminent threat to public safety) shall be a violation of this section and the special use permit and may result in the imposition of fines in accordance with § 10.2, or revocation of the special use permit, or both.
6. 
Compliance enforcement responsibility. This bylaw shall be enforced by the Town of Sharon's Inspector of Buildings, who shall take such action as may be necessary to enforce full compliance with the provisions of this bylaw and of permits and variances issued hereunder, including notifications of noncompliance and requests for legal action through the Town Administrator and the Town Counsel.
7. 
Compliance certification. Telecommunications facilities may not be erected, substantially altered, moved, or changed in use, and sites may not be substantially altered or changed in principal use without certification by the Inspector of Buildings that such action is in compliance with applicable zoning, or without review by the Inspector of Buildings regarding whether all necessary permits have been obtained from governmental agencies from which approval is required by federal, state or local law. Telecommunications facilities shall be located and constructed to minimize their visual impact on the site and its environs. Annual certification demonstrating continued compliance with the standards of the FCC, Federal Aviation Administration and the American National Standards Institute, and required maintenance, shall be filed with the Inspector of Buildings by the special use permit holders for all telecommunications facilities.
8. 
Expiration. Special use permits granted pursuant to this bylaw shall lapse 24 months following the issuance thereof (plus such time required to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17), if a substantial use thereof or construction has not sooner commenced.
1. 
Abandonment or discontinuance of use. Any telecommunications facility which ceases to operate for a period of one year shall be considered abandoned and shall be removed by the applicant or subsequent owner within 90 days from the date of abandonment. "Ceases to operate" is defined as not performing the normal functions associated with a telecommunications facility on a continuous and ongoing basis for a period of one year. At the time of removal, the facility site shall be remediated so that all telecommunications facility improvements are removed and the site shall be revegetated. If all telecommunications equipment on a tower has ceased to operate, the tower shall also be removed, and the site shall be revegetated. Existing trees shall only be removed if necessary to complete the required removal.
2. 
Applicant shall, as a condition of the special use permit, provide a financial surety payable to the Town of Sharon, and acceptable to the SPGA, to cover the cost of removal of the telecommunications facility and the remediation of the landscape, should the telecommunications facility cease to operate.
The SPGA shall have the authority to waive any siting or design requirement set forth in this bylaw. In waiving such requirements, the SPGA shall issue a finding that the waiver will result in a substantially better design and/or siting of the proposed telecommunications equipment and/or facility than would result from strict adherence to the provisions of this bylaw. In making such a finding, the SPGA shall consider the visual and safety impacts of the proposed telecommunications equipment and/or facility, as well as the general purposes of this bylaw.
All RMDs and marijuana establishments, as defined in Section 11.0 of this bylaw, are allowed only in the Light Industrial (LI) District upon the granting of a special permit by the Zoning Board of Appeals.
No RMD or marijuana establishment shall be located less than 400 feet from any residential zoning district or from any residential use; from any public or private school, or municipal building open to the general public; from any church or other religious facility; from any public park or recreation area and any principal or accessory private recreational facility use; or from any day care center, senior housing facility or hospital. The minimum distance specified above shall be measured in a straight line from the nearest property line in question to the nearest property line of the proposed RMD or marijuana establishment, except where the distance to be measured crosses Interstate 95 or US Route 1, in which case the distance shall be limited by and measured only to the boundary of such highway.
The maximum lot coverage, including building, parking and driveways, shall be 50% of the upland lot area.
The number of marijuana retailers that shall be permitted in the Town of Sharon is limited to 20% of the number of licenses issued and/or authorized to be issued within the Town under MGL c. 138, § 15, for the retail sale of alcoholic beverages not to be drunk on the premises where sold.
Off-street parking and loading shall be provided as required for retail uses in the Light Industrial District in § 6.1.
Only one sign, to be mounted flat on the building wall face, shall be allowed for an RMD or marijuana establishment. The area of this wall sign shall be not more than 10% of the projected area of the elevation it is attached to, except that no sign shall exceed 30 square feet.
1. 
Only one freestanding sign may be allowed at the discretion of the Zoning Board of Appeals, in a situation where the wall sign may not be visible from the street on which the property has frontage. This freestanding sign shall not be located within five feet of any street or property line and not more than 10 feet above the ground. Any such sign shall have a maximum sign area of four square feet.
2. 
All other signs, including temporary and window signs, whether on the exterior of the building or visible from the exterior of the building, are prohibited.
3. 
No RMD or marijuana establishment may have any flashing lights visible from outside the establishment. Furthermore, no sign shall rotate or contain reflective or fluorescent elements.
4. 
The appropriate lighting of the sign(s) shall be determined by the Zoning Board of Appeals.
5. 
The sign(s) shall otherwise comply with the Sign Bylaw, Chapter 221 of the General Bylaws of the Town of Sharon.
In addition to the requirements in this section, special permit applications shall comply with the submittal requirements for site plan approval as detailed in § 10.6 and shall contain the following additional information:
1. 
The external and internal physical layout of the premises.
2. 
The distances between the proposed RMD or marijuana establishment and any residential zoning district, public or private school, church or other religious facility, public park or recreation area, day care center, senior housing facility and hospital, and municipal building open to the general public.
3. 
Copies of all licenses and permits issued by the Commonwealth of Massachusetts and any of its agencies for the RMD or marijuana establishment.
In approving a special permit, the special permit granting authority may attach such conditions, limitations and safeguards as are deemed necessary to protect the immediate area and the Town; provided, however, that no such conditions in fact prohibit the use of the property for the use intended. No special permit shall take effect until such decision has been recorded in the Registry of Deeds. Conditions of approval may include but are not limited to the following:
1. 
Street, side or rear setbacks greater than the minimum required by this bylaw.
2. 
Requirement of nonobstructive landscaping.
3. 
Modification of the exterior features or appearances of the structure.
4. 
Limitation of size, number of occupants, method or time of operation, or extent of facilities.
5. 
Regulation of number, design and location of access drives or other traffic features.
6. 
Requirement of off-street parking or other special features beyond the minimum required by this or other applicable bylaws.
7. 
The special permit shall be issued to the owner of the establishment and shall not transfer with a change in ownership of the business and/or property.
Any special permit granted hereunder for an RMD or marijuana establishment shall lapse after one year, including such time required to pursue or await the determination of an appeal from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause, or in the case of a permit for construction, if construction has not begun by such date except for good cause, including such time to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17, from the grant thereof.
A special permit granted hereunder shall expire within two years of the date of issuance of the permit. Prior to the expiration of the special permit, the applicant shall make application to the Zoning Board of Appeals for renewal of the special permit for an additional two-year period. Said renewal shall not require the technical submissions of the original application, provided that conditions of the site and facility have not changed materially from the original application.
1. 
A special permit granted hereunder shall have a term limited to the duration of the applicant's ownership and use of the premises as an RMD or marijuana establishment. A special permit granted hereunder is nontransferable and nonassignable.
Violation of any of the conditions of approval of the special permit shall be grounds for nonrenewal of the special permit as provided for above.
Any RMD or marijuana establishment that was in existence as of the first date of the publication of the notice of public hearing on this zoning amendment regulating medical marijuana uses or marijuana establishments may continue to operate in the same location, without material change in scale or content of the business, but shall apply for such special permit within 90 days following the adoption of this bylaw and shall thereafter comply with all of the requirements herein.
A hotel shall be allowed as set forth in the Table of Use Regulations,[1] provided that the following standards shall be met.
1. 
The minimum floor area per unit, not including corridors and public floor areas, shall be 240 square feet;
2. 
No hotel unit floor elevation shall be located below the mean grade level of the land; and
3. 
No more than 10% of the public floor area (lobby, function rooms, restaurants) shall be used for accessory commercial uses such as newsstands, barber or beauty shops, vending machines, gift shops or offices other than those offices necessary to the management of the hotel.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
The purpose of this section is to permit the construction and operation of natural gas custody transfer facilities in the Town of Sharon while minimizing their adverse impact on adjacent properties and residential neighborhoods and limiting the number of such facilities to those which are essential. For the purpose of this section "natural gas custody transfer facility" shall mean a gate station at which natural gas will be received and reduced in pressure for transfer and introduction into the service system.
No natural gas custody transfer facility shall be constructed or operated except in compliance with the provisions of this section. In all cases, a special permit is required from the Zoning Board of Appeals. Any proposed material adjustment or renovation of the facility shall be subject to a new application for a special permit.
All applications for a special permit for a natural gas custody transfer facility shall be made and filed on the appropriate form in compliance with the rules and regulations of the Zoning Board of Appeals. In addition, each applicant must submit the following information as part of its application:
1. 
A locus plan at a scale of one inch equals 100 feet which depicts all property lines, precise locations of proposed structure(s), streets, landscape features, and residential dwellings and buildings, which are within a 500-foot radius of the proposed facility. The plan shall also identify all abutters to the property as shown on the most recent Town Assessor's Map; and
2. 
Engineer's certification that the proposed facility complies with all applicable federal and state standards regulating such facilities.
Applications for a special permit for a natural gas custody transfer facility shall be reviewed in accordance with the procedures under § 10.5.3 of this bylaw. In addition, every applicant must demonstrate that the proposed natural gas custody transfer facility provides adequate safeguards to protect the public, control noise and other emissions, and complies with the applicable building height limitations contained in Section 4.0 of this bylaw.
For the purpose of this section, a "trailer" shall be defined as any vehicle or object on wheels or from which wheels have been removed, and having no mode of power of its own, but which is drawn by or used in combination with a motor vehicle. It shall not include farm machinery nor implements when used in connection with the operation of a farm, recreational or camping trailers, boat, motorcycle, horse or other trailers that are intended to be used to haul recreational equipment or vehicles, or any other trailer that is 10 feet or less in length, excluding its hitch.
No trailer or part of such vehicle shall be stored for more than 10 days in a calendar year in a rural, residence, suburban or housing authority district unless it is stored on a lot for which the primary use is a valid business or commercial use; provided, however, that storage on other lots in the above-listed districts may be permitted by special permit granted by the Zoning Board of Appeals. All applicants for such special permits shall be subject to the conditions and requirements and processed in the manner provided in § 10.5 of this bylaw.
[Amended 5-1-2023 ATM by Art. 28]
The purpose of this section is to authorize and regulate solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations such that these standards address public safety, minimize impacts on scenic, natural and historic resources. It is understood that the intent is to provide guidance to facilitate safe and successful installations with clear review standards and provide adequate financial assurance for the eventual decommissioning of such installations for municipal projects when deemed necessary by § 7.7.19.
This section applies to all solar photovoltaic installations, as defined herein, 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.
SOLAR PHOTOVOLTAIC INSTALLATION (SPI)
For the purposes of § 7.7, the following definitions shall apply:
1. 
GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION (GSPI)All ground-mounted solar photovoltaic installations, including solar photovoltaic installations on new canopies constructed for the principal purpose of supporting such installation.
2. 
RATED NAMEPLATE CAPACITYThe maximum rated output of electric power production of the Photovoltaic system in Direct Current (DC).
3. 
SOLAR CANOPIESA canopy is any device, fixed or retractable, of any material, which extends over or otherwise covers a sidewalk, courtyard, walkway, eating area, driveway, parking lot, building or other area or space whether that area or space is intended for pedestrians, vehicles or other purposes.
4. 
SOLAR ENERGYRadiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
5. 
SOLAR ENERGY SYSTEM, GROUND-MOUNTEDA solar energy system that is structurally mounted to the ground and is not roof-mounted; may be of any size (small-, medium- or large-scale) and includes solar canopies.
6. 
SOLAR ENERGY SYSTEM, SMALL-SCALEA solar energy system that occupies 1,750 square feet of surface area or less (equivalent to a rated nameplate capacity of about 10 kW DC or less).
7. 
SOLAR ENERGY SYSTEM, MEDIUM-SCALEA solar energy system that occupies more than 1,750 but less than 40,000 square feet of surface area (equivalent to a rated nameplate capacity of about 11 - 249 kW DC).
8. 
SOLAR ENERGY SYSTEM, LARGE-SCALEA solar energy system that occupies more than 40,000 square feet of surface area (equivalent to a rated nameplate capacity of about 250kW DC or greater).
9. 
SOLAR ENERGY SYSTEM, ROOF-MOUNTEDA solar energy system that is structurally mounted to the roof of a building or structure; may be of any size (small-, medium- or large-scale). Note that all roof-mounted solar energy systems are allowed subject to full compliance with all applicable State Building Code and local zoning regulations.
Rural-1
Rural-2
Suburban 1, 2 Professional A, B
Single Res. A&B
Business A, B, C, D
Light Industrial
Municipal
Principal Use
Medium-scale ground-mounted or ground-mounted canopy solar energy system
SPR
SPR
SPR
SPR
Y
Y
Large-scale ground-mounted or ground-mounted canopy solar energy system
SPR
SPR
SPR
SPR
SPR
SPR
Roof-mounted solar energy system
Y
Y
Y
Y
Y
Y
Accessory Use
Roof-mounted solar energy system
Y
Y
Y
Y
Y
Y
Small-scale ground-mounted solar energy system
Y
Y
Y
Y
Y
Y
Medium-scale ground-mounted or canopy solar energy system
SPR
SPR
SPR
SPR
SPR
SPR
Large-scale ground-mounted or canopy solar energy system
SPR
SPR
SPR
SPR
SPR
SPR
Solar Use Tables: Y = Allowed; N = Prohibited; SPR = Site Plan Review
The GSPI shall meet the dimensional requirements of this section:
1. 
Principal structure setback. A principal structure GSPI shall be set back from the rear and side property lines consistent with the applicable regulations for the zoning district or districts it lies within. The front setback for solar canopies shall be equal to the height of the canopy for municipally-owned properties. All other GSPIs must meet the front setback requirements for principal uses in the zoning district they lie within.
2. 
Accessory structure setback: Accessory structure GSPIs shall be set back from the rear and side property lines consistent with the applicable regulations for the zoning district it lies within. Accessory structure GSPIs cannot be located in front of the primary structure on or within the required front setback for the zone it lies within, whichever is more restrictive, except on municipally-owned properties. The front setback for solar canopies shall be equal to the height of the canopy for municipally-owned properties All such accessory structures, including but not limited to, equipment shelters, storage facilities, transformers, substations shall be architecturally compatible with each other and shall be landscaped and screened from view by vegetation, located underground, or behind berms, and/or clustered to minimize visual impacts.
Height
1.0 Ground-mounted solar: 20 feet for all GSPIs.
1.1 Exemptions.
1.1.1 Mechanical equipment and appurtenances necessary to the operation or maintenance of the building or structure itself, including chimneys, ventilators, plumbing vent stacks, cooling towers, water tanks, broadcasting and television antennae and roof-mounted solar energy systems.
The construction and operation of SPI shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, environmental, Wetlands Protection Act, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar photovoltaic installation shall be constructed in accordance with the State and/or Local Building Code. No SPI shall be constructed, installed or modified without a building permit.
Large and Medium SPI shall be constructed, installed, used and modified in conformity with a site plan approved by the Planning Board in accordance with § 7.7.8 of this bylaw and the further requirements set forth herein. All plans and maps shall be prepared, stamped and signed by a professional engineer and a professional land surveyor, licensed to practice in the Commonwealth of Massachusetts.
The applicant shall provide a site plan containing the following information and all other information listed below:
1. 
Property lines and physical features, including structures and roads, for the project site signed and certified by a professional land surveyor licensed to practice in the Commonwealth of Massachusetts.
2. 
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, wetlands, and wetland buffers, stormwater pollution prevention plan (SWPPP), existing and proposed utilities, exterior lighting, site drainage, screening vegetation or structures.
3. 
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.
4. 
The applicant provide the Planning Board with a copy of the application for an interconnection provided to the local distribution utility (Eversource or National Grid) and provide evidence of approval from the utility when granted. One- or three-line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all Massachusetts Electric Code (527 CMR 12.00) compliant disconnects and overcurrent devices.
5. 
Documentation of the major system components to be used, including the photovoltaic panels, mounting system, battery energy storage system and inverter.
6. 
Name, address, and contact information for proposed system installer.
7. 
Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any.
8. 
The name, contact information and signature of any agents representing the project proponent.
9. 
How land clearing and construction shall be performed in accordance with this bylaw and the General Bylaws governing stormwater discharges, provision for handling toxic or hazardous materials, and post-construction stormwater runoff, proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures. Note that land clearing requires a Stormwater Pollution Prevention Plan, as delineated in the General Bylaws of the Town of Sharon. If wetlands or resource areas are present on the lot, identification of resource area limits and associated buffers shall be required.
10. 
Documentation of actual or prospective access and control of the project site.
11. 
An operation and maintenance plan for the stormwater system, any infrastructure on the site and the overall site including landscaping, fencing and other site features.;
12. 
Zoning district designation and flood zone 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. 
Proof of liability insurance written by companies licensed to provide such insurance in Massachusetts and with coverage limits at commercially acceptable levels.
14. 
Description of financial surety that satisfies § 7.7.19. It is understood that the intent is to provide guidance to facilitate safe and successful installations with clear review standards and provide adequate financial assurance for the eventual decommissioning of such installations for municipal projects.
15. 
Public outreach plan, including a project development timeline, which indicates how the project proponent will meet the required site plan approval notification procedures and otherwise inform abutters and the community.
16. 
No large-scale solar photovoltaic installation (SPI) shall be constructed until evidence has been given to the site plan review authority that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar photovoltaic installation owner's or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
17. 
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.
The Planning Board may require additional information, data or evidence as it deems necessary pursuant to the site plan approval process, or may waive documentary requirements as it deems appropriate.
The Planning Board may engage, at the applicant's expense, professional and technical consultants, including legal counsel, to assist the Board with its review of the application, in accordance with the requirements of MGL c. 44, § 53G. The Board may direct the applicant to deposit funds with the Board for such review at the time the application is accepted, and to add additional funds as needed upon notice. Failure to comply with this section shall be good grounds for denying the application. Upon approval of the application, any excess amount in the account attributable to that project, including any interest accrued, shall be repaid to the applicant.
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 large or medium SPI.
The project proponent shall submit a plan for the operation and maintenance of the SPI, which shall include measures for maintaining safe access to the installation, storm water controls, snow removal, waste removal and general procedures for operational maintenance of the installation. Note that land clearing requires a stormwater pollution prevention plan, as delineated in the General By-Laws of the Town of Sharon.
No large or medium-scale SPI shall be constructed until evidence has been given to the Planning Board that the utility company that operates the electrical grid where the installation is to be located has been informed of the SPI owner's or operator's intent to install an interconnected customer owned generator. Off-grid systems shall be exempt from this requirement.
The SPI shall meet the following performance standards, as applicable below:
1. 
Lighting. Lighting of an SPI 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 from abutting properties, as per § 6.5.4 lighting standards.
2. 
Signage. Signs on SPI shall comply with the requirements of all applicable sign regulations, and shall be limited to:
a. 
Those necessary to identify the owner, provide a twenty-four-hour emergency contact phone number, and warn of any danger.
b. 
Educational signs providing information about the SPI and the benefits of renewable energy.
c. 
Signs shall be limited to two dimensions (i.e., flat) and shall not be electronic or lighted.
3. 
Advertising. SPI shall not be used for displaying any advertising except for identification of the manufacturer or operator of the SPI.
4. 
Utility connections. Reasonable efforts, as determined by the Planning Board, shall be made to place all utility connections from the SPI 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.
5. 
Screening. A buffer or green strip planted with live shrubs or trees, predominantly evergreen, shall if feasible be maintained between the perimeter of the SPI and any abutting property line or street unless the existing natural growth is adequate to provide an equivalent buffer. Such a buffer shall be designed so as not to create a hazard upon entrance or exit from the facility. Site screening may also be accomplished through fencing, if approved by the Planning Board. The Planning Board may vary or waive this requirement consistent with minimizing negative effects on abutting property.
1. 
Emergency services. The SPI owner or operator shall provide a copy of the project summary, electrical schematic and approved site plan to the Fire Chief, when site plan review is required. Upon request the owner and/or operator shall cooperate with local emergency services in developing an emergency response plan, which may include ensuring that emergency personnel have immediate, twenty-four-hour access to the facility. All means of shutting down the SPI shall be clearly marked.
2. 
Land clearing. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the SPI or otherwise prescribed by applicable laws, regulations, and bylaws.
3. 
Groundwater protection. A SPI shall comply with the requirements set forth in the General Bylaws governing stormwater management, which requirements shall be imposed and conditioned as appropriate through the site plan approval process. No SPI shall be required to obtain an independent special permit under either section.
The SPI owner and/or operator shall maintain the facility in good and safe working condition, and shall schedule inspections by a competent professional at least once every 12 months or more often, pursuant to industry standards and practice. The results of the inspection and any resulting repair work shall be submitted to the Planning Board or its assignee and the Inspector of Buildings within 30 days of receipt by the owner or operator. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the Fire Chief and emergency medical services. The owner and operator shall be responsible for the cost of maintaining the SPI and any access road(s), unless accepted as a public way.
All material modifications to a SPI made after issuance of the required building permit shall require prior approval by the Planning Board or its assignee.
The owner and operator of a large or medium SPI shall each identify a responsible person for emergency purposes and public inquiry and shall at all times throughout the life of the installation maintain current contact information (name, address, telephone number, email address) for such person(s) on file with the Inspector of Buildings, the Fire Chief, and the Planning Board.
Any GSPI that is not an accessory structure to a principal residential structure, not in operation for a period of 180 continuous days or more without written permission from the Planning Board, shall be considered discontinued and shall be removed. Upon written request from the Inspector of Buildings 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 Inspector of Buildings demonstrating continued use of the GSPI. Failure to provide such evidence within 30 days of such written request shall be conclusive evidence that the installation has been discontinued. The owner or operator of the installation shall notify the Board and Inspector of Buildings by certified mail of the proposed date of discontinued operations and plans for removal within 30 days of the discontinuation of operations. The owner or operator shall physically remove the installation no more than 90 days after the date of discontinued operations, which period may be extended with written permission of the Inspector of Buildings for no more than 60 days. Removal shall consist of:
1. 
Remove all of the GSPI in its entirety, including all associated structures, equipment, security barriers and transmission lines from the site.
2. 
Dispose of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
3. 
Stabilize or re-vegetate the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
4. 
Reinstate gravel or ground cover consistent with the surrounding landscape.
5. 
Remove all above-ground foundations and supports to a depth of one foot below existing grade.
If the owner or operator of the GSPI fails to remove the installation in accordance with the requirements of this section, the Town shall have the right, to the extent it is otherwise duly authorized by law, to enter the property and remove the installation at the expense of the owner of the installation and the owner(s) of the site on which the facility is located. Fees for removal will be the responsibility of the property owner. If payment is not provided, a lien will be placed on the property by the Town of Sharon.
The owner of an SPI approved in accordance with this section shall provide to the Town, acting by and through the Planning Board, security to cover the cost of removal only for medium- and large-scale municipal solar projects, in the event the Town must remove the SPI and remediate the landscape. Such surety shall be in an amount and form determined to be reasonable by the Board, which may be an escrow account, bond or otherwise, and shall be provided prior to construction. Surety will not be required for municipally-owned facilities, if not deemed necessary by the Planning Board. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer or cost estimator. The amount shall include a mechanism for calculating increased removal costs due to inflation.