[Added 4-2-2016 ATM; amended 4-1-2023 ATM]
A. 
The purpose of this article is to promote the creation of new large-scale ground-mounted solar photovoltaic installations ("LSGMSPVI") (250 kW or greater) by establishing standards for the placement, design, construction, operation, monitoring, modification, repair, and removal of such installations to ensure public safety, minimize impacts on scenic, natural and historic resources, and provide adequate financial assurance for the eventual decommissioning of such installations.
B. 
The provisions set forth in this section shall apply to the placement, design, construction, operation, monitoring, modification and/or repair and removal of large-scale ground-mounted solar photovoltaic installations.
[Amended 9-8-2025 FTM by Art. I]
A. 
This section applies to the initial construction of LSGMSPVIs and to physical modifications that materially alter the type, configuration, or size of these installations or related equipment.
B. 
Smaller-scale building-mounted solar photovoltaic installations which are accessory to a lawful principal use on the same lot are not otherwise subject to the requirement of this section but must comply with the other provisions of the Zoning By-law, as applicable.
The following requirements are common to all LSGMSPVIs to be sited in designated locations:
A. 
Compliance with laws, ordinances and regulations. The construction and operation of all LSGMSPVIs shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, environmental, Wetlands Protection Act,[1] construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar photovoltaic installation shall be constructed in accordance with the State Building Code.[2]
[1]
Editor's Note: See MGL c. 131, §§ 40 and 40A.
[2]
Editor's Note: See 780 CMR.
B. 
Building permit and building inspection. No LSGMSPVI shall be constructed, installed or modified as provided in this section without first obtaining a building permit.
C. 
Fees. The application for a building permit for a LSGMSPVI must be accompanied by the fee required for a building permit.
D. 
Site plan review.
(1) 
Any LSGMSPVI shall undergo site plan review by the Planning Board prior to construction, installation or modification as provided in this section. LSGMSPVIs shall be constructed, installed, used and modified in conformity with a site plan approved by the Planning Board in accordance with Article XIV, Site Plan Review, of the Zoning By-law and the further requirements set forth herein. The Planning Board shall review and act upon the site plan review of an LSGMSPVI within 90 days of its receipt of an application determined to be complete. The requirements set forth herein shall be applied coincident with and in addition to those requirements set forth in Article XIV. The requirements of this section shall take precedence in the event of a direct conflict.
(a) 
General. All plans and maps shall be prepared, stamped and signed by a professional engineer registered in the Commonwealth of Massachusetts.
(b) 
Required documents. Pursuant to the site plan review process, the project proponent shall provide the following documents:
[1] 
A site plan showing:
[a] 
Property lines and physical features, including roads, for the project site;
[b] 
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation and structures;
[c] 
Blueprints or drawings of the solar photovoltaic installation signed by a professional engineer registered in the Commonwealth of Massachusetts, showing the proposed layout of the system and any potential shading from nearby structures;
[d] 
One- or three-line electrical diagrams detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code-compliant disconnects and overcurrent devices;
[e] 
Documentation of the major system components to be used, including the PV panels, mounting systems, and inverters;
[f] 
Name, address, and contact information for proposed system installer;
[g] 
Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any;
[h] 
Name, contact information and signature of any agents representing the project proponent; and
[i] 
A description of how land clearing and construction shall be performed in accordance with the appropriate sections of the Zoning By-law governing stormwater discharge, land disturbance, provisions for handling toxic or hazardous materials, and post-construction stormwater runoff.
[2] 
Documentation of actual or prospective access and control of the project site (see § 400-50F);
[3] 
An operation and maintenance plan (see § 400-50G);
[4] 
Zoning district designation for the parcel of land comprising the project site (submission of a copy of a Zoning Map with the parcel identified is suitable for this purpose);
[5] 
Proof of liability insurance written by companies licensed to provide such insurance in Massachusetts and with coverage limits at commercially acceptable levels;
[6] 
Description of financial surety that satisfies § 400-50O. The project proponents shall submit a fully inclusive estimate of the costs associated with removal of the proposed facility, prepared by a registered engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.
[7] 
A public outreach plan, including a project development time line, which indicates how the project proponent will meet the required site plan review notification procedures and otherwise inform abutters and the community.
(2) 
The Planning Board may require additional information, data or evidence as it deems necessary pursuant to the site plan review process or may waive documentation requirements, as it deems appropriate.
E. 
Professional review. The Planning Board may engage, at the applicant's expense, professional and technical consultants, including legal counsel, to assist the Planning Board with its review of the application in accordance with the requirements of MGL c. 44, § 53G. The Planning Board may direct the applicant to deposit funds with the Planning Board at the time the application is accepted, and to add additional funds as needed upon notice. Failure to comply with this subsection shall be grounds for denying the application. Upon approval of the application, any excess amount in the account attributable to that project, including any accrued interest, shall be repaid to the applicant.
F. 
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 LSGMSPVI.
G. 
Operation and maintenance plan. The project proponent shall submit a plan for the operation and maintenance of the LSGMSPVI, which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation.
H. 
Utility notification. No LSGMSPVI shall be constructed until evidence has been given to the Building Inspector 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 or operator's intent to install an interconnected, customer-owned generator. Off-grid systems shall be exempt from this requirement.
I. 
Dimension and density requirements.
(1) 
Setbacks. An LSGMSPVI shall be set back from property lines consistent with the applicable regulations for the underlying zoning district, with the exception of necessary interconnections with utility transmission or distribution facilities.
(2) 
Appurtenant or accessory structures. All appurtenant or accessory structures to an LSGMSPVI shall be subject to the requirements of the Zoning By-law concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers, and 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.
J. 
Design standards.
(1) 
Lighting. Lighting of LSGMSPVIs shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes and shall be reasonably shielded from abutting properties. Where feasible, lighting of the LSGMSPVI shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.
(2) 
Signage. Signs on LSGMSPVIs shall comply with 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 LSGMSPVI and the benefits of renewable energy. LSGMSPVIs shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.
(3) 
Utility connections. Reasonable efforts, as determined by the Planning Board, shall be made to place all utility connections from the LSGMSPVI 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 aboveground if required by the utility provider.
(4) 
Screening. A buffer or green strip planted with live shrubs or trees, predominantly evergreen, shall if feasible be maintained between the perimeter of the LSGMSPVI 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. The Planning Board may vary or waive this requirement consistent with minimizing negative effects on abutting property.
K. 
Safety and environmental standards.
(1) 
Emergency services. The LSGMSPVI owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Fire Department. Upon request, the owner and/or operator shall cooperate with Town emergency services in developing an emergency response plan, which may include ensuring that emergency personnel have twenty-four-hour access to the facility. All means of shutting down the LSGMSPVI shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the LSGMSPVI.
(2) 
Land clearing. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the LSGMSPVI or otherwise prescribed by applicable laws, regulations, and by-laws. Significant tree cutting is strongly discouraged. Should tree cutting, be required the applicant should offset the loss of trees by planting an equivalent number of trees of similar species of (size and caliper) on-site or on an area specified by the Planning Board.
(3) 
Drainage and groundwater protection. An LSGMSPVI shall comply with any drainage and groundwater requirements set forth in the Zoning By-law, which requirements shall be imposed and conditioned as appropriate through the site plan review process.
L. 
Monitoring and maintenance.
(1) 
Solar photovoltaic installation conditions. The LSGMSPVI owner and/or operator shall maintain the facility in good and safe working condition and shall schedule inspection by a competent professional at least once every 12 months or more often, pursuant to industry standards and practices. The results of the inspection and any resulting repair work shall be submitted to the Planning Board and the Building Inspector within 30 days of receipt by the owner and/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 Department and emergency medical services. The owner or operator shall be responsible for the cost of maintaining the LSGMSPVI and any access road(s), unless accepted as a public way.
(2) 
Modifications. All material modifications to an LSGMSPVI, after issuance of the required building permit, shall require further site plan review by the Planning Board.
(3) 
Contact. The owner and/or operator of an LSGMSPVI shall identify a responsible person for emergency purposes and public inquiry and shall at all times throughout the life of the of the installation maintain current contact information (name, address, telephone number and email address) for such person(s) on file with the Building Inspector, the Fire Department, and the Planning Board.
M. 
Insurance. Prior to commencing operation, the owner or operator of an LSGMSPVI shall provide the Town Clerk with a certificate of insurance showing that the property has a minimum of $1,000,000 in liability coverage by occurrence in the aggregate or $5,000,000 general liability insurance, and that the Town is an additional named insured thereon. Such certificate shall be supplied on an annual basis to the Town upon the renewal of said insurance policy.
N. 
Discontinuance or decommissioning.
(1) 
Removal requirements.
(a) 
Any LSGMSPVI or substantial part thereof not in operation for a period of 180 continuous days or more without written permission from the Planning Board or that has reached the end of its useful life shall be considered discontinued and shall be removed. Upon written request from the Building Inspector, addressed to the contact address provided and maintained by the owner and/or operator as required above, the owner/and or operator shall provide evidence to the Building Inspector, demonstrating continued use of a LSGMSPVI. Failure to provide evidence within 30 days of such written request shall be conclusive evidence that the installation has been discontinued. The owner and/or operator of the installation shall notify the Planning Board and Building Inspector by certified mail of the proposed date of discontinued operations and plans for removal.
(b) 
The owner or operator shall physically remove the installation no more than 150 days after the notification date of discontinued operations. Decommissioning shall consist of:
[1] 
Removal from the site of the LSGMSPVI in its entirety, including all associated structures, equipment, security barriers and transmission/distribution lines.
[2] 
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
[3] 
Stabilization or revegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner and/or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
[4] 
Reinstatement of gravel or ground cover consistent with the surrounding landscape.
[5] 
Removal of all aboveground foundations and supports to a depth of one foot below existing grade.
(c) 
If the owner and/or operator of the LSGMSPVI 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 and/or operator of the installation and the owners of the site on which the facility is located.
O. 
Financial surety. The owner of an LSGMSPVI approved in accordance with this by-law shall provide to the Town, acting through the Planning Board, a form of surety to cover the cost of removal in the event the Town must remove the LSGMSPVI and remediate the landscape. Such surety shall be in an amount and form determined to be reasonable by the Planning Board, which may be an escrow account, bond, or otherwise, and shall be provided prior to construction. 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 calculating increased removal costs due to inflation. Such surety shall remain in force for so long as the project is in existence, and the owner shall annually provide the Planning Board and Building Inspector with proof that the surety continues in effect. Lapse of surety shall be a violation of this by-law and the Town may take appropriate enforcement action. Surety will not be required for municipal or state-owned facilities.
The LSGMSPVI Overlay District is hereby established. The boundaries of the LSGMSPVI Overlay District are shown on a map entitled "LSGMSPVI Overlay District," which is hereby incorporated in the Town Zoning Map. The LSGMSPVI Overlay District shall be considered superimposed on the other districts depicted on the Town Zoning Map. LSGMSPVIs are allowed as of right in the LSGMSPVI Overlay District. The provisions and requirements of the underlying zoning districts remain in effect in all other respects.
If any provision of this article is invalidated, such invalidation shall not invalidate any other provision.