Agawam City Zoning Code
ARTICLE XXI
Solar Energy Systems
§ 180-148 Purpose.
The purpose of this article is to promote the reasonable regulation of solar energy systems, including commercial ground-mounted solar energy installations, by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public health, safety, and welfare and minimize impacts on scenic, natural and historic resources and provide adequate financial assurance for the eventual decommissioning of such installations.
§ 180-149 Definitions.
An active solar energy system that converts solar energy directly into electricity.
The maximum rated output of electric power production of the photovoltaic system in watts of direct current (DC).
Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation, or water heating.
A solar energy system that is directly incorporated into the building by replacing typical building materials.
An active 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).
An active solar energy system that occupies more than one acre of surface area (equivalent to a rated nameplate capacity of about 250 kW DC or greater).
An active solar energy system that occupies more than 1,750 square feet of surface area but less than one acre of surface area (equivalent to a rated nameplate capacity of about 10 to 250 kW DC).
A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility.
An active 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).
An active 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).
An active solar energy system that uses collectors to convert the sun's rays into useful forms of energy for water heating, space heating, or space cooling.
§ 180-150 Solar energy systems.
See the Table of Use Regulations for allowed principal and accessory uses in all zoning districts.[1]
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
§ 180-151 Solar energy systems, building-integrated, roof-mounted and small scale.
Building-integrated solar energy systems, roof-mounted solar energy systems and small-scale solar energy systems are allowable as an accessory use in all zoning districts, subject to the following requirements:
A.
Height. Roof-mounted solar energy systems shall not project beyond three feet above the peak of the roof and shall not be more than three feet above the roof surface to which they are attached. The height of a small-scale solar energy system shall not exceed 15 feet.
B.
Setback. Roof-mounted solar energy systems shall comply with all building setbacks in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted.
C.
Coverage. Roof-mounted solar energy systems shall not cover more than 90% of the total area of the roof.
D.
Exempt. Building-integrated solar energy systems are exempt from the requirements of this section and shall be regulated as any other building element.
E.
Certifications. Roof-mounted and building-integrated solar energy system components shall be certified by Underwriters' Laboratories, Inc., and the Solar Rating and Certification Corporation. The Town reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification.
F.
Aesthetics. All roof-mounted and building-integrated solar energy systems shall use colors that blend with the color of the roof or other structures. Reflection angles from collector surfaces shall be oriented so as not to interfere with the use and enjoyment of other properties. Where necessary, screening shall be required to address glare.
G.
Small-scale solar energy systems shall be located in the rear or side yard areas only.
§ 180-152 Solar energy systems, medium-scale.
All medium-scale solar energy system installations shall undergo site plan review as outlined in § 180-13 of the Code of the Town of Agawam prior to construction, installation or modification of the facility. The total area of medium-scale solar energy structures shall include the total of all areas where the solar panels are installed, all appurtenant and accessory buildings, access roads, landscaping, fencing and visual screening elements. The height of a medium-scale solar energy system shall not exceed 15 feet.
§ 180-153 Solar energy systems, large-scale.
The balance of this article shall apply to large-scale solar energy system installations which measure one acre and larger. The area included for determining whether a proposed installation is a large-scale solar energy system is contained in § 180-155 below. The provisions of this article shall not apply to land owned by the Town of Agawam.
§ 180-154 General requirements for large-scale solar energy system installations.
A.
Compliance with laws, ordinances and regulations. The construction and operation of all large-scale solar energy installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a large-scale solar energy system installation shall be constructed in accordance with the state building code and any other applicable state and federal laws.
B.
Location. Large-scale solar energy system installations shall be allowed as a matter of right in any industrial zone, and shall be allowed by special permit only in the Agricultural Zone. No large-scale solar energy system installations shall be constructed or installed in any residential or business zone.
C.
Special permit. Large-scale solar energy system installations shall be allowed by special permit only in the Agricultural Zone. The City Council shall be the special permit granting authority and shall include as part of its special permit review and proceedings all the provisions and requirements of the site plan review. The City Council shall consider the following criteria in determining whether to grant a special permit:
(1)
That the use is in harmony with the general purpose and intent of the zoning ordinances of the Town of Agawam;
(2)
That the use is in an appropriate location and is not significantly detrimental to the neighborhood and does not significantly alter the character of the neighborhood;
(3)
Adequate and appropriate facilities will be provided for the proper operation of the proposed use; and
(4)
That the proposed use would not be detrimental or offensive to the adjoining zoning districts and neighboring properties due to the effects of lighting, odors, smoke, noise, sewage, refuse materials and/or other visual nuisances.
D.
Building permit. No large-scale solar energy system installation shall be constructed, installed or modified as provided in this article without first obtaining site plan approval by the Planning Board and then a special permit from the City Council (if necessary) and finally a building permit.
§ 180-155 Site plan review.
A.
All large-scale solar energy system installations shall undergo site plan review as outlined in § 180-13 of the Code of the Town of Agawam prior to construction, installation or modification of the facility as provided in this article. The total area of large-scale solar energy systems shall include the total of all areas where the solar panels are installed, all appurtenant and accessory buildings, access roads, landscaping, fencing and visual screening elements.
B.
Required documents. In addition to the required site plan content described in § 180-13 of the Code of the Town of Agawam, the project proponent shall provide the following additional documents and information to the Planning Board. The Planning Board may waive any of these requirements as it deems appropriate.
(1)
A site plan showing:
(a)
Property lines and physical features, including roads for the project site, wetlands, wildlife corridors and other relevant features;
(b)
Location and approximate height of existing and proposed tree cover, including any trees on public property that are approximated to be 72 years and older or with a diameter of 36 inches or greater;
(c)
Proposed changes to the site, including proposed roads, grading, vegetation clearing and planting, parking areas, exterior lighting, screening vegetation, stormwater controls, and all structures;
(d)
Elevations of the solar energy system installation, including the proposed layout of the system and any potential shading from structures and vegetation, including those on abutting properties;
(e)
A three-line electrical diagram detailing the solar energy system installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;
(f)
Documentation of the major system components to be used, including the photovoltaic panels, mounting system and inverter;
(g)
Name, address, and contact information for the proposed system installer;
(h)
Name, address, and contact information for the project proponent, as well as all co-proponents and property owners, if any;
(i)
The name and contact information of any agents representing the project proponent;
(j)
Documentation of actual or proposed access and control of the project site;
(k)
An operation and maintenance plan for the proposed project;
(l)
The location of active farmland and prime farmland soils, wetlands, permanently protected open space, priority habitat areas and critical natural landscape core habitat areas as set forth by the Natural Heritage and Endangered Species Program (NHESP) and "Important Wildlife Habitat" mapped by the Massachusetts DEP; and
(m)
Locations of any local or national historic districts.
(2)
Proof of property and liability insurance consistent with industry standards for the proposed facility;
(3)
Description of financial surety consistent with this article; and
(4)
A public outreach plan, including a project development timeline, which indicates how the project proponent will inform and educate abutters and the community about the project.
C.
All plans shall be prepared, stamped and signed by a professional engineer licensed in the Commonwealth of Massachusetts.
§ 180-156 Site control, operation and maintenance plan, and utility notification.
A.
The project proponent shall submit documentation of actual or proposed access and control of the project site sufficient to allow for the construction and operation of the proposed large-scale solar energy system installation.
B.
The project proponent shall submit a plan for the operation and maintenance of the large-scale solar energy system installation, which shall include measures for maintaining safe access to the installation and stormwater controls, as well as general procedures for operational maintenance of the installation.
C.
The project proponent shall submit evidence that the utility company that operates the electrical distribution system grid where the installation is to be located has been informed of the proposed large-scale solar energy system installation. Off-grid large-scale solar energy system installations shall be exempt from this requirement.
§ 180-157 Dimension and density requirements.
A.
Setback and height requirements. The setbacks for large-scale solar energy system installations, including appurtenant structures and parking areas, shall be at least 75 feet from any property boundary. The setback areas shall not be included in the calculation of the size of the large-scale solar energy system installations. The height of any large-scale solar energy system installation or any appurtenant structure shall not exceed 15 feet.
B.
Lot coverage. The lot coverage requirements of § 180-58 of the Code of the Town of Agawam shall not apply to large-scale solar energy system installations.
C.
Appurtenant structures. All appurtenant structures to large-scale solar energy system installations shall comply with the requirements of the Code of the Town of Agawam. All such appurtenant structures include, but are not limited to, equipment shelters, storage facilities, transformers, fencing and substations.
§ 180-158 Design, safety, and environmental standards.
A.
Lighting. Lighting of large-scale solar energy system installations 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. Lighting of the large-scale solar energy system installations shall be directed downward and shall incorporate all feasible measures to reduce light pollution.
B.
Signage. Any signs on large-scale solar energy system installations and property shall comply with Article XIII of the Code of the Town of Agawam. A sign shall be required which shall identify the owner and provide a twenty-four-hour emergency contact phone number. Large-scale solar energy system installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the large-scale solar energy system installation.
C.
Utility connections. Reasonable efforts, as determined by the Planning Board during the site plan review, shall be made to place all utility connections from the large-scale solar energy system installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.
D.
Landscaping. All land associated with the large-scale solar energy system installations shall be covered and grown in natural vegetation. All ground surface areas beneath solar arrays and setback areas shall be pervious to maximize on-site infiltration of stormwater. Impervious paving of areas beneath solar arrays is prohibited. To the greatest extent feasible, a diversity of plant species, including both deciduous and coniferous plantings, shall be used, with preference given to species that are native to New England. All original plantings shall be at least six feet high. Reasonable efforts shall be taken to minimize the establishment of invasive species. All plantings shall be maintained annually, and herbicides shall be applied only by properly licensed personnel in conformance with all applicable state and federal laws.
E.
Parking and access. Reasonable on-site parking is required for vehicles that will service the installation only.
F.
Visual impact mitigation. The plan for a large-scale solar energy system installation shall be designed to maximize the preservation of on-site and abutting natural and developed features. In undeveloped areas, existing vegetation shall be retained to the greatest extent feasible, especially where such vegetation provides a benefit to the natural environment. In developed areas, the design of the large-scale solar energy system installation shall consider and incorporate contextual landscaping and landscape amenities that complement the physical features of the site and abutting properties. To the greatest extent feasible, structures should be screened from view by vegetation and/or joined or clustered to avoid adverse visual impacts and be architecturally compatible with each other. Vegetation shall be of varieties native to New England. Vegetative screening shall reach a mature form to effectively screen the installation within five years of installation. The mature height of the vegetated screening shall be such that the installation's structures are not apparent to a person upon any public road and viewing the installation from a height of eight feet. Planting of the vegetative screening shall be completed prior to final approval of the large-scale solar energy system installation by the Building Inspector.
G.
Emergency services. The owner or operator of the large-scale solar energy system installation shall provide a copy of the project summary, electrical schematic, and site plan to the Agawam Fire Department. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of disconnecting the large-scale solar energy system installation shall be clearly marked. The owner or operator shall identify and provide contact information for a person who is responsible for responding to all public and emergency inquiries related to the installation. This information shall be updated as needed, and at least on an annual basis.
H.
Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the large-scale solar energy system installation or otherwise prescribed by applicable laws, regulations, and ordinances. Sufficient vegetation shall be maintained to minimize soil erosion. Large-scale solar energy system installations shall be installed only upon water-permeable surfaces as approved during site plan review.
I.
Preservation of trees. Large-scale solar energy system installations shall be designed and constructed to preserve and maintain the health and root systems of significant trees on public property that are approximated to be 75 years and older or with a diameter of 36 inches or greater.
J.
Wildlife corridors. Large-scale solar energy system installations shall be designed and constructed to minimize the impacts on wildlife corridors.
K.
Sound levels. Sound levels under normal operating conditions of the large-scale solar energy system installation measured at the boundary of the lot on which the installation is sited shall not be more than 10 decibels greater than would otherwise exist in the absence of the facility.
L.
Hazardous materials. Hazardous materials that are stored, used, or generated on site shall not exceed the amount for a very small quantity generator of hazardous waste as defined by Massachusetts DEP and shall meet all applicable requirements, including storage of hazardous materials in a building with an impervious floor that is not adjacent to any floor drains to prevent discharge to the outside environment. If hazardous materials are utilized within the solar electric equipment, then impervious containment areas capable of controlling any release to the environment and to prevent potential contamination of groundwater are required.
M.
Independent engineer. Upon request of the Planning Board, the proponent shall pay for a licensed third-party independent engineer selected by the Planning Board to assist the Planning Board in its review of submitted materials.
§ 180-159 Monitoring and maintenance.
A.
Solar photovoltaic installation conditions. The owner or operator of a large-scale solar energy system installation shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, landscaping and integrity of security measures. Site access shall be maintained to a level acceptable to the Agawam Fire Chief, Building Inspector and Town's Electrical Inspector. The owner or operator shall be responsible for the cost of maintaining the installation and any access road, unless accepted as a public way.
B.
Modifications. All material modifications to a large-scale solar energy system installation made after issuance of the required building permit shall require site plan approval by the Planning Board.
C.
Removal requirements and abandonment.
(1)
Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, a large-scale solar energy system installation shall be considered abandoned when it fails to operate for more than one year without a written waiver by the Planning Board. If the owner or operator of a large-scale solar energy system installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town or its agents may enter the property and physically remove the installation, the full cost of which shall be the responsibility of the owner or operator.
(2)
Removal requirements. Any large-scale solar energy system installation which has reached the end of its useful life or has been deemed abandoned consistent with this article shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Planning Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
(a)
Physical removal of all solar photovoltaic installations, structures, equipment, security barriers and electrical lines from the site;
(b)
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;
(c)
Stabilization and revegetation of the site as necessary to minimize erosion; and
(d)
The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations to minimize erosion and disruption to vegetation.
§ 180-160 Financial surety.
The project proponent of large-scale solar energy system installations shall provide a form of surety, either through escrow account, bond or line of credit from a creditable financial institution, in an amount sufficient to cover the cost of removal in the event the Town of Agawam deems the large-scale solar energy system installation to be abandoned and must remove the installation and remediate the landscape. The amount and form of the surety shall be determined to be reasonable by the Planning Board, but in no event should exceed more than 110% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent. Such surety is not required for municipally owned or state-owned facilities. The project proponent shall submit a fully inclusive estimate of the costs associated with removal prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.