The purpose of this Article is to permit the creation of new commercial solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety and minimize impacts on scenic, natural and historic resources, and promote the public health and welfare by minimizing impacts on and undue disturbance to neighboring landowners, including from noise, traffic, lighting, smoke, fumes, dust, odor, glare, stormwater runoff, or the unnecessary removal of trees or destruction of natural habitat.
[Added 5-6-2013 ATM by Art. 57; amended 5-8-2021 ATM by Art. 35]
Construction and use of a commercial solar photovoltaic installation or any part thereof shall be permitted in any zoning district subject to the requirements set forth in this Article.
Nothing in this Article shall be construed to prevent the installation of solar photovoltaic installations that are an accessory use permitted as-of-right, subject to such other requirements that may apply, including Site Plan Review.
Commercial solar photovoltaic installations shall conform to the following requirements:
A.
A commercial solar photovoltaic installation may be erected, upon the issuance of a special permit by the Planning Board, on a lot containing a minimum of three (3) acres.
C.
Any and all setback, yard, buffer and screening requirements applicable in the zoning district in which the installation is located shall apply to the installation; provided, however, that the Planning Board may impose greater setback requirements as determined to be necessary based on project or site-specific factors, including solar array type or technology, topography, and tree cover to mitigate the installation’s impacts, including those related to glare, on neighboring land uses.
D.
A security fence or fences shall be installed around the installation and shall be maintained in good condition for as long as the installation continues to be located on the site, whether or not it is being operated. All security fences surrounding the installations shall be set back from the property line a distance that the Planning Board determines to be necessary to minimize visual and other impacts on neighboring land uses.
E.
Any permit authorizing a commercial solar photovoltaic installation may set forth reasonable requirements to minimize or mitigate the visual impacts of the installation, including all accessory structures and appurtenances, as the Planning Board determines will protect the public health, safety, or welfare. At minimum, the following shall be required:
(1)
All accessory structures and appurtenances shall be architecturally compatible with each other.
(2)
Solar panels, supporting structures, and appurtenances shall be shielded from view year-round in all districts. Screening methods may include landscaping, natural features, earthen berms, fencing, or a combination thereof.
(3)
The design and materials used for the installation shall minimize and mitigate reflected solar radiation or glare, including through the placement and arrangement of solar panels, and use of anti-reflective materials or additional screening.
(4)
Visual impacts shall be minimized and mitigated.
(5)
Noise impacts shall be minimized and mitigated, including noise generated by the installation and noise from other sources that may be exacerbated, amplified, or otherwise altered by the installation or alterations to the site.
F.
Applications for a special permit pursuant to this Article shall include:
(1)
A visual impact assessment, including analyses such as renderings, and visualizations.
(2)
A sight line representation of the proposed installation prepared by a Professional Engineer or Registered Landscape Architect. The representation shall include depictions, both in a site plan and elevations, of the most visible point of the installation to: any portion of a public way within 500 feet of the property; any portion of a public way with a clear view of the installation; and the closest facade of any residential building on a parcel located within 500 feet of the parcel on which the installation is proposed. Each sight line shall include all intervening trees, buildings, and other applicable objects and be illustrated in color photographs of existing conditions with the proposed installation superimposed on the photographs.
(3)
A glare analysis that includes all proposed measures to minimize or mitigate the impact of glare on any land or way. Existing photographs and proposed renderings from at least four perspectives, including from the nearest residential structures and of the area(s) that are most publicly visible, as specified by the Planning Board, shall be included in the analysis. The analysis shall additionally include a technical explanation of how visualization was produced.
(4)
A preliminary noise analysis prepared by a professional acoustical engineer that includes the ambient noise level traveling across the site prior to any construction or site clearing activities and any projected changes to those noise levels resulting from the installation or site alterations. The analysis shall include, at a minimum, the ambient noise level at three different locations deemed satisfactory by the Planning Board, with simulations performed and measurements taken on weekdays between the hours of 7:00 AM and 6:00 PM, including one simulation performed/measurement taken during the morning peak traffic period, one simulation performed/measurement taken during the evening peak traffic period, and one simulation performed/measurement taken at any point during this time period.
Following construction of an installation, an applicant shall submit a supplemental noise analysis, prepared by a professional acoustical engineer, measuring the ambient noise level traveling across the site at any previously analyzed location and during the same time periods from the prior analysis. If the noise levels measured for the supplementary analysis exceed those projected in the preliminary noise analysis, the applicant shall implement additional noise minimization and mitigation measures to reduce noise levels to those projected in the preliminary analysis.
(5)
A site plan, landscape plan and erosion sedimentation control plan prepared and stamped by a Professional Engineer or Registered Landscape Architect. The plan shall include:
(a)
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;
(b)
The woody and herbaceous vegetative stabilization and management techniques to be used within and adjacent to the stormwater impact area;
(c)
Temporary or permanent access roads and driveway;
(d)
Grading;
(e)
Exterior lighting and screening of structures; and
(f)
Types and locations of vegetation or other methods proposed to screen the installation including appurtenant structures from public ways and neighboring properties.
G.
All areas of the site cleared as part of the commercial solar photovoltaic installation, including the areas under and surrounding the solar panels, shall be seeded with a pollinator seed mix and maintained as bird and insect habitat. Mowing shall occur only when necessary for maintenance of the array. Alternative vegetation or cover options may be proposed by the applicant in consideration of soil type and quality, subject to approval by the Planning Board.
H.
Lighting shall not be permitted unless required by the Planning Board or by the State Building Code. Where required, lighting shall be directed downward and full cut-off fixtures shall be used. Lighting shall be illuminated only during hours specified in the special permit, unless such illumination is necessary due to an emergency.
I.
All utility connections from the commercial solar photovoltaic installation shall be underground unless otherwise specifically authorized in the special permit. Electrical transformers and inverters to enable utility interconnections may be above ground if required by the utility provider.
J.
In applying the special permit standards set forth in Section 210-205.C., the Planning Board shall specifically consider whether locating a commercial solar photovoltaic installation on a site that would require extensive tree cutting will be detrimental to the neighborhood or the Town because of the important water management, cooling, and climate benefits trees naturally possess. The clearing of natural vegetation, including trees, shall be limited to the minimum necessary for the construction and operation of the installation.
K.
Installations shall be designed and constructed to protect and optimize the maintenance of wildlife corridors and trail networks. Where such corridors or trail networks may be impacted, an applicant shall prepare plans for alternative trail alignments and wildlife corridors that minimize or mitigate those impacts. Fencing shall be raised from the ground to allow passage of wildlife. This paragraph shall not be construed to require the establishment of public access rights, provided, however, that any agreement by an applicant to establish such a right may be given weight by the Planning Board in making its special permit decision.
L.
In addition to other applicable requirements in this Article, installations proposed for siting and construction on land that is in agricultural use or a pervious open space location shall conform to the following standards:
(1)
Removal of field soils shall be minimized.
(2)
Disturbances to existing leveled field areas shall be minimized.
(3)
Soil leveling, smoothing, and penetrations shall be done in a manner that minimizes the displacement of or disturbance to soil. Displaced soils shall be recovered and returned to the area of displacement, to the extent practicable.
(4)
Ballasts, screw-type, or post driven pilings and other acceptable minimal soil impact methods shall be required. Footings or other methods requiring permanent penetration of soils for mounting are prohibited unless the need for such a method is demonstrated to the satisfaction of the Planning Board.
(5)
Concrete or asphalt shall not be installed in the mounting area other than that required for ballasts or as required by the Massachusetts State Building Code.
(6)
The use of geotextile fabrics shall be minimized. Vegetative cover shall be maintained to the extent practicable to prevent soil erosion.
M.
The commercial solar photovoltaic installation, including accessory structures and appurtenances and all access roads and driveways serving the installation, shall be maintained by the owner and operator in good condition for as long as the installation continues to be located on the site, whether or not it is being operated. Maintenance shall include, but not be limited to, painting, structural repairs, continued compliance with landscaping and screening requirements, and safeguarding the integrity of security measures.
N.
The installation shall conform to all other applicable federal and state laws and regulations and bylaws and regulations of the Town.
A.
An applicant shall provide a copy of the project summary, electrical schematic, and site plan to the Fire Chief and all additional information the Chief may request. All means of shutting down the solar photovoltaic installation shall be clearly marked in the plan and on signage located at the installation.
B.
At all times, for as long as the facility continues to be located on the site, whether or not is being operated, the facility operator shall have an official representative for public inquiries, whose name and contact information shall be provided to the Planning Board, and a qualified contact person to provide assistance during an emergency, whose name and contact information shall be provided to the Fire Chief and Police Chief.
A.
An applicant desiring to erect or install a commercial solar photovoltaic installation shall file with the Planning Board an application for a special permit, together with such plans, drawings, specifications, fees and additional information as required by the Planning Board.
B.
The Planning Board shall have the authority to waive provisions of Section 210-202, including subject to conditions, upon a determination that such action is in the public interest and a waiver would not be inconsistent with the purpose and intent of this Article. In making this determination, the Planning Board shall consider whether:
(1)
The public health, safety, and welfare will be protected;
(2)
Strict application of the requirement to be waived would undermine the public interest;
(3)
Specific substitute requirements can be adopted that would protect the public interest; and
(4)
The action made possible by the waiver will not violate any federal, state, or local bylaw.
C.
Approval criteria. Before the Planning Board may issue such Special Permit, it shall determine each of the following:
D.
Any special permit issued pursuant to this Article shall be subject to such conditions and safeguards as the Planning Board may prescribe. Such conditions may include the requirement of a bond, secured by deposit of money or negotiable securities, posted with the Town to guarantee proper maintenance and/or removal/decommissioning of the commercial solar photovoltaic installation. The amount of the bond shall not exceed 150% of the estimated cost of the commercial solar photovoltaic installation’s removal. Such conditions may also include additional screening of the facility.
A.
An installation shall have a Decommissioning Plan. That plan shall contain provisions for: (i) removal of the installation, including all structures, equipment, security barriers and transmission lines; and (ii) stabilization of the site with plantings to include trees, shrubs, and ground cover consistent with native vegetation in surrounding areas as necessary to minimize erosion and sedimentation.
A commercial solar photovoltaic installation shall be deemed to have been discontinued if it has not been in service for a continuous 12-month period. Upon receipt of a Notice of Discontinuance from the Director of Municipal Inspections, the owner shall have the right to respond to the Notice within 30 days of receipt. The Director of Municipal Inspections shall withdraw the Notice of Discontinuance and notify the owner that the Notice has been withdrawn if the owner provides information that demonstrates to the satisfaction of the Director of Municipal Inspections that the commercial solar photovoltaic installation has not been discontinued. If the commercial solar photovoltaic installation is determined to be discontinued, the owner shall, at the owner’s sole expense within three months of receipt of the Notice of Discontinuance, decommission the installation pursuant to the provisions of the Decommissioning Plan and such other reasonable requirements as may be specified by the Director of Municipal Inspections. Failure to comply with these requirements may subject the owner to action pursuant to Article XXIV.
B.
An applicant shall provide a form of surety to cover the cost of removal in the event the Town must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the Planning Board.