Home occupations are permitted by a zoning permit issued upon application to the Zoning Enforcement Officer.

The Zoning Enforcement Officer shall issue a zoning permit only after making a determination that the application conforms to the standards in Subsection D.

Home occupation applications that exceed the standards may be permitted by the Board of Appeals in accordance with § 145-69 and in accordance with Subsection E.

The home occupation's operator must live on the premises.

The occupation shall only be conducted within the enclosed area of a dwelling unit or a permitted accessory structure.

No storage of materials, goods, supplies or equipment related to the occupation shall be visible from the outside of any structure of the premises.

Signs shall comply with § 145-22.

No use shall alter the appearance of structures which would cause the premises to differ from its residential character.

Only residents of the premises may be employed.

Parking shall comply with § 145-23.

No space within the dwelling unit or accessory structure larger than 300 square feet shall be used for home occupations.

No occupation which would necessitate a fire rating of the structure to be greater than one hour shall be permitted.

In Village Residential, Lakes Residential and Agricultural-B Districts, clerical help on a part-time basis, no more than a total of 20 hours per week.

In the Agricultural-A District, no more than one full-time nonresident employee.

No building permit shall be issued for any of the following uses unless a site plan has been endorsed by the Planning Board in accord with Subsection D(3)(a), after consultation with other boards, including but not limited to the following: Select Board, Board of Health, Conservation Commission, Department of Public Works, Town Consulting Engineer, Belchertown Water District (if applicable), other water or sewer districts (if applicable), Historical Commission, Fire Department and Police Department:

The Planning Board may waive any of the procedures in Subsection D or site plan contents in Subsection E as long as such action is in the public interest and not inconsistent with the purpose and intent of this chapter.

The construction or enlargement of any single-family or two-family dwelling or building accessory to such dwelling;

The construction or alteration of any building used exclusively for agriculture, horticulture or floriculture;

Construction or alteration providing for not more than 200 square feet of total floor area after construction;

Customary home occupations as described in § 145-25 of this chapter.

A review fee shall be charged for each site plan approval application in order to cover expenses connected with processing, review and any public meeting costs associated with the review of the site plan. The fee charged shall be noted on a schedule of Planning Board fees available in the Planning office and the Town Clerk's office. The fee shall be sufficient to cover the costs of advertisement and mailings and outside professional consultants, including but not limited to engineering, planning, architectural and/or legal consultants, for each application proposing construction or alteration, or for each modification or alteration of an approved site plan. The full cost of any Town engineering or planning consultant services shall be paid by the applicant before any site plan approval becomes effective.

Each application for site plan approval shall contain the current owner of record's signed permission and shall be accompanied by 10 copies of the site plan, 12 copies if review by a Water District is necessary. Failure of boards and officials to make recommendations to the Planning Board within 14 days of the application filing date shall be deemed to be a lack of opposition. Any board or official may waive the fourteen-day period by so indicating on the application.

Period of review.

All site plans shall be prepared by an architect, landscape architect or professional engineer licensed in Massachusetts on standard twenty-four-inch by thirty-six-inch sheets, unless these requirements are waived by the Planning Board. Site plans shall be prepared at a sufficient scale to show:

The plan shall describe estimated daily and peak-hour vehicle trips to be generated by the site and traffic flow patterns for vehicles and pedestrians showing adequate access to and from the site and adequate circulation within the site. A detailed traffic generation statement is required for uses that would add 40 or more peak-hour trips.

A plan for the control of erosion, dust, and silt, both during and after construction sequencing, temporary and permanent erosion control, and protection of water bodies.

The Planning Board may require additional information to adequately evaluate the proposed site plan.

The following guidelines shall be used as criteria by the aforementioned boards and officials noted in Subsection B(1) in the review and evaluation of a site plan, consistent with a reasonable use of the site for the purposes permitted or permissible by the regulations of the district in which it is located:

Before approval of a site plan, the Planning Board may request the applicant to make modifications in the proposed design of the project to ensure that the above criteria are met.

The Planning Board's final action shall consist of either:

The Planning Board's decision shall be sent by certified mail to the applicant and shall be filed with the Town Clerk within seven days of the date of the final determination by the Planning Board pertaining to any such plan approval. A copy shall also be sent to the Building Inspector/Zoning Enforcement Officer.

Security for incomplete work. The Planning Board may require the posting of a performance guaranty, in the form of a deposit of money made out to the Town of Belchertown or a bond, in an amount determined by the Planning Board to be sufficient to cover the costs of all or any part of the improvements required per the approved site plan and outstanding conditions affecting public facilities, such as roads or drainage, or public health, safety or general welfare. The Planning Board, through the action of the Zoning Enforcement Officer, may suspend any license or permit when work is not performed as required. The security or guaranty is to ensure that the incomplete work is completed within a reasonable time. The Planning Board shall establish a deadline for completion of not more than one year from the posting of the security. This allowance is subject to the review by the Planning Board by a site inspection to ensure the safety and health for those who occupy the structure and use the site. If the Planning Board requires a performance guaranty, the guaranty must be posted before the site plan may be approved.

Certificate of occupancy. No occupancy permit shall be issued for any building or structure, or portion thereof, until the Building Inspector receives certification from a registered architect, landscape architect, engineer or land surveyor, that all construction (including utilities) has been done in accordance with the approved site plan (not required for site plans for structures less than 5,000 square feet). The Building Inspector may issue a conditional certificate of occupancy to allow a tenant to operate before full site completion, but this is issued at the tenant's and property owner's risk of rescission in the event that the site work is incomplete by the required date. The Building Inspector and Planning Board shall require a performance guaranty to cover any unfinished site items shown on the approved site plan during the conditional occupancy.

In the event that the applicant desires to alter, modify or correct an approved site plan, the applicant shall provide the Planning Board with:

Minor amendments to an approved site plan may be granted by the Planning Board, upon application and for good cause shown, and shall be acted upon under the procedures applicable to initial approval of a site plan. The Board may require a public hearing in accordance with the provisions of Subsection D(3) if it considers the proposed modification to be potentially detrimental to the neighborhood, community or environment.

The Planning Board shall file its decision on the alteration, modification or corrections to an approved site plan with the Town Clerk and send a copy by certified mail to the applicant. The Planning Board shall notify the Building Inspector/Zoning Enforcement Officer of its site plan amendment decision.

Decisions on site plan applications reviewed by the Planning Board may be appealed to the Zoning Board of Appeals in accordance with § 145-68A of this chapter and with MGL c. 40A, §§ 8 and 15. Decisions on site plans reviewed by a special permit granting authority as part of a special permit application may be appealed to the appropriate Massachusetts trial court in accordance with MGL c. 40A, § 17.

Site plan approval issued under this section shall expire within two years if a substantial use thereof is not commenced, except for good cause.

As-of-right: The following commercial solar photovoltaic installations, as defined herein, are allowed as of right with site plan approval in all zoning districts:

Special permit: Any CSPI not specified in Subsection B(1) requires a special permit in all zoning districts from the Planning Board. For all special permit applications, site plan approval as described below is required, but shall not require a second public hearing, per § 145-27D(3)(a).

Not permitted: No commercial solar photovoltaic installation may be permitted as follows:

Site plan approval. The construction, installation or modification of a CSPI, whether as-of-right or by special permit, shall be subject to site plan approval in accordance with the Zoning Bylaw. Together with the requirements of § 145-27, the Site Plan Approval Authority shall consider and apply the requirements set forth in this bylaw in reviewing and deciding an application for site plan approval.

Site control. The project proponent shall submit documentation of actual or committed prospective access and control of the project site sufficient to allow for construction and operation of the proposed CSPI.

Operation & maintenance plan. The project proponent shall submit a plan for the operation and maintenance of the CSPI. This plan shall include measures to maintain safe access to the installation, stormwater controls, and general procedures for operational maintenance of the installation. The development is subject to the Belchertown Stormwater bylaw and regulations.

Utility notification. No CSPI shall be constructed until evidence has been given to the Site Plan Approval Authority that the utility company operating the electrical grid the installation is to be connected to have been informed of the CSPI owner or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

Dimension and density requirements.

General. CSPI stormwater controls must comply with all Belchertown stormwater regulations and requirements, Massachusetts Department of Environmental Protection requirements and guidelines, and USEPA requirements.

Construction method. The applicant must demonstrate that array specifications provided by the manufacturer, including but not limited to support post mounting strategies, are consistent with the site geotechnical analysis. The applicant must provide a proposed method for mounting the array that responds to existing water and soil conditions, with particular attention to high water tables and/or bedrock. The Planning Board may require a contractor's review of the proposed methods.

Lighting. Lighting of CSPI shall be limited to nighttime maintenance and inspections by authorized personnel, and shall comply with Dark Sky standards. There shall be no illumination without personnel on the site.

Signage. A sign shall be erected identifying the owner and providing a twenty-four-hour emergency contact phone number of the CSPI owner or operator. CSPIs shall not display any advertising. Any sign must comply with § 145-22.

Daytime visual distraction. The panel array shall be positioned to minimize glare on any residence or public way, and shall not create a visual obstruction on a public roadway, such as blocking intersections or creating blind curves.

Utility connections. Reasonable efforts shall be made to place all utility connections from the CSPI 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.

Emergency services. The CSPI owner or operator shall provide a copy of the project summary, electrical schematic, and an approved site plan to the local fire department and the Building Inspector. Upon request the owner 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 CSPI shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation, and shall provide a mailing address and twenty-four-hour telephone number for such person(s).

Project visibility and landscape planting. A CSPI shall be designed to minimize its visibility, including preserving natural vegetation to the maximum extent possible, blending in equipment with the surroundings, adding vegetative buffers to provide an effective visual barrier from adjacent roads and driveways, and to screen abutting dwellings. The owner of the CSPI shall not remove any naturally occurring vegetation such as trees and shrubs unless it adversely affects the performance and operation of the solar installation. A diversity of plant species native to New England shall be used for any screens and vegetative erosion controls. Use of exotic plants, as identified by the most recent version of the "Massachusetts Prohibited Plant List" maintained by the Massachusetts Department of Agricultural Resources, is prohibited. If deemed necessary by the Planning Board, the depth of the vegetative screen shall be 30 feet and will be composed of native trees and shrubs staggered for height and density that shall be properly maintained. Cultivars of native plants are acceptable. The open area of the site shall be seeded with a pollinator mix and maintained as bird and insect habitat. Mowing is to be done as little as possible to retain a natural functioning of the landscape. Plants shall be maintained and replaced as necessary by the owner of the CSPI for the life of the CSPI.

Land clearing, soil erosion, and wildlife habitat. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation, and maintenance of the CSPI or otherwise prescribed by applicable laws, regulations, and bylaws. A CSPI may not be constructed on slopes exceeding 8% except as expressly authorized pursuant to § 145-28B(3)(c), nor may cutting and filling be done to reduce natural slopes. Existing root structures and topsoil shall be maintained to the maximum extent practicable and provide for a minimum of six inches of topsoil on all exposed areas.

Fire protection. The project must meet the Massachusetts Comprehensive Fire Safety Code 527 CMR 1.00, with Amendments NFPA 1, 2015, or version of the fire code at the time of the project.

Mitigation for loss of carbon sequestration and forest habitat. If forestland is proposed to be converted to a CSPI, the plans shall designate an area of unprotected land (that is, land that could otherwise be developed under current zoning) on the parcel or block of contiguous parcels under common ownership that comprise the project site, and of a size equal to four times the total area of such forest conversion. Such designated land shall remain in substantially its natural condition without alteration except for routine forestry practices until such time as the CSPI is decommissioned and the site restored to forest. The special permit may be conditioned to effect and make enforceable this requirement.

Mitigation for loss of forest habitat within the installation. If forestland is proposed to be converted to a CSPI, the plans shall show mitigation measures that create a wildflower meadow habitat within and immediately around the CSPI and a successional forest habitat in the surrounding areas managed to prevent shading until the installation is decommissioned and the site restored to forest. The special permit may be conditioned to effect and make enforceable this requirement.

Wildlife corridors. Wildlife corridors shall be provided for single arrays with an area of 10 acres or more. Local wildlife must be identified, and corridor widths shall correspond to specific area wildlife and must be based on the best available science as supported by citation(s).

Construction monitoring. The Site Plan Approval Authority may require a third-party inspector, selected by and acting under the direction of the Building Commissioner, to be employed to monitor compliance with all approvals and conditions during the CSPI's construction at the applicant's expense.

Maintenance. The CSPI owner or operator shall maintain the facility in good condition. 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 local emergency services. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and all access roads that are not public ways.

Annual reporting. The owner or operator of a CSPI shall submit an annual report demonstrating and certifying compliance with the operation and maintenance plan, the requirements of this bylaw, and approvals granted hereunder, including but not limited to continued management and maintenance of vegetation, compliance with the approved plans and any permit conditions, continuation of liability insurance, and adequacy of road access. The annual report shall also provide information on the maintenance completed during the course of the year and the amount of electricity generated by the facility. The report shall be submitted to the Select Board, Planning Board, Fire Chief, Building Commissioner, Board of Health, and Conservation Commission (if a wetlands permit was issued) no later than 45 days after the end of the calendar year.

Modifications. All material modifications to a CSPI made after issuance of the required building permit shall require approval by the Site Plan Approval Authority.

Removal requirements. Any CSPI, or any substantial part thereof, not used for a period of one continuous year or more without written permission from the Site Plan Approval Authority, 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 or operator as required above, the owner or operator shall provide evidence to the Building Inspector demonstrating continued use of the CSPI. Failure to provide such evidence within 30 days of such written request shall be conclusive evidence that the installation has been discontinued. Anyone intending to decommission and/or remove such an installation shall notify the Site Plan Approval Authority and Building Inspector by certified mail of the proposed date of discontinued operations and plans for removal. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. Removal shall consist of:

Decommissioning methods. Decommissioning methods must be explained in detail and in sequential steps. Particular attention should be paid to hazardous materials removal (glass panels with heavy metals) and site restoration, including support post cutting, removal, and sealing, if any, below grade.

Decommissioning budgets. Decommissioning estimates must be provided by a Construction Estimator with experience 1) removing hazardous materials (glass panels with heavy metal elements) and 2) demolition, and/or other remediation of steel infrastructure, including steel posts embedded in concrete grouting below grade (if ballasts are not used). The work must be sufficiently developed to facilitate accurate estimations of the cost of deconstruction and disposal.

If the owner or operator of the CSPI 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 physically 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. The Town may use the financial surety as stipulated in § 145-28I(5), below for this purpose.

Financial surety. Proponents seeking to construct and operate a CSPI shall provide to the Town, in a form determined by the Site Plan Approval Authority and prior to construction, a surety, through cash, an escrow account, bond or otherwise, to cover the cost of removal in the event the town must remove the CSPI and remediate the landscape, including reforestation. This financial surety shall incorporate an additional 10% contingency fee. The amount and form of such surety shall be determined by the Site Plan Approval Authority. This surety will not be required for municipally or state-owned facilities. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.

Small wind energy systems, as defined herein, shall be allowed by special permit issued in accordance with this bylaw in all zoning districts in the Town.

The Planning Board is the special permit granting authority for small wind energy systems.

This section applies to small wind systems no greater than 100 kilowatts of rated nameplate capacity proposed to be constructed after the effective date of this section.

Towers are limited to one tower per parcel.

Small wind energy systems mounted on buildings shall extend or protrude no more than five feet higher than the highest point of the building.

Small wind energy systems that are used primarily for agriculture, as defined in § 145-2 of this chapter, also pursuant to MGL c. 40A, § 3, are exempt from this bylaw.

A completed application form with a review fee.

Existing conditions site plan drawn to scale and in sufficient detail to show the following:

Proposed conditions site plan drawn to scale and in sufficient detail to show the following:

Standard drawings of the structural components of the small wind energy system, including structures, tower, base and footings. Drawings and any necessary calculations shall be certified by a registered engineer. The system must comply with the Massachusetts building and electrical codes.

A technical report from a qualified individual that the site is feasible for wind power, that documents wind speed at the proposed site, that anticipates energy that will be created from the small wind energy system, and that estimates the amount of energy necessary to serve the on-site uses.

Post-construction simulation views of the site from at least four locations where the tower and blades would be visible as through means of sketches or computer simulations.

A proposed maintenance schedule for the small wind energy system and related equipment.

Emergency services: The applicant shall provide a copy of the project summary and electrical schematic. All means of disconnecting the small wind energy system shall be clearly marked. This shall be forwarded to the Fire Department for review and approval.

Unauthorized access: Small wind energy systems shall be designed to prevent unauthorized access.

Land clearing, soil erosion and wildlife habitat: Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the small wind energy system and is otherwise prescribed by applicable laws, regulations, and bylaws.

Setbacks: A wind turbine tower may not be sited within:

Height: The small wind energy system's maximum tip height shall not exceed 120 feet in height, and must comply with Federal Aviation Administration (FAA) Regulations.

Noise: The wind facility and associated equipment shall conform with the provisions of the Department of Environmental Protection's Division of Air Quality Noise Regulations (310 CMR 7.10), unless the Department and the Planning Board agree that those provisions shall not be applicable. A source of sound will be considered to be violating these regulations if the source:

Lighting: Small wind energy systems shall be lighted only if required by the Federal Aviation Administration. Lighting of other parts of the small wind energy system, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties.

Signage and advertising: Signs shall be restricted to reasonable identification of the manufacturer or operator of the small wind energy facility and shall defer to the requirements of the Town of Belchertown sign regulations. No advertising shall be allowed.

Visibility: The wind generation equipment shall have a non-reflective finish of an unobtrusive color.

The Building Commissioner reserves the right to inspect the small wind energy system and its appurtenances at any time.

At all times the applicant and/or successive owners shall maintain the small wind turbine and related equipment in good working condition and perform regular maintenance in accordance with the approved maintenance schedule. A record shall be kept of all maintenance performed, and said record must be provided to the Building Commissioner whenever requested to verify maintenance.

The owner's contact information and the manufacturer's contact information must be on file with the Building Commissioner and Fire Department in cases of emergencies.

Should the turbine fall into disrepair and/or experience a situation where it is producing unusual noise or other emissions, the system owner shall have no more than 24 hours to implement actions to correct the situation.

Failure to properly maintain the small wind turbine or correct other issues may result in revocation of the special permit.

The Town retains the right, after the receipt of an appropriate court order to enter and remove an abandoned or hazardous small wind turbine, and its related equipment, that is not removed by the property owner within 90 days from the date the Building Commissioner issues written determination that the system is abandoned or hazardous. All associated costs of removal and securing the site for an abandoned or hazardous small wind turbine and related equipment will be charged to the property owner in accordance with the provisions of MGL c. 139, § 3A, as a tax lien on the property.

A small wind energy system that is not used for 180 days shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the small wind energy system owner. Removal of the system shall include the structure, foundation, transmission equipment, fencing and other appurtenances. The site shall be revegetated to prevent erosion.

Any small wind energy system which has reached the end of its useful life or has been abandoned shall be removed. The owner/operator shall physically remove the small wind energy system no more than 90 days after the date of discontinued operations. "Physically remove" shall include, but not be limited to:

This bylaw is to regulate the development of, and to provide for the construction and operation of battery energy storage systems (BESS). It is also:

The provisions set forth in this section shall take precedence over all other sections when considering applications related to the construction, operation, and/or repair of battery energy storage systems.

Further, this bylaw is to facilitate energy storage while protecting the community by:

Building-integrated battery energy storage systems.

Co-located battery energy storage systems.

Battery energy storage systems must meet the siting standards of § 145-28B(3).

Battery energy storage systems are not permitted in the Floodplain and Aquifer Protection overlay zones, nor are they permitted in NHESP Estimated Habitats of Rare Wildlife and NHESP Priority Habitats of Rare Species regardless of a related renewable generation installation being in such areas.

The nameplate capacity of an Energy Storage system shall not exceed the total kW of energy being produced on the three-phase distribution line that the energy storage system will be interconnected to.

Modifications to, retrofits, or replacements of an existing battery energy storage system that increase the total battery energy storage system designed discharge duration or power rating shall be subject to this bylaw.

A site plan prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts, that shows the following:

A preliminary equipment specification sheet that documents the proposed battery energy storage system components, inverters and associated electrical equipment that are to be installed, including manufacturer and model. A final equipment specification sheet shall be submitted prior to the issuance of building permit;

One- or three-line electrical diagram showing associated components, and electrical interconnection methods, with all NEC compliant disconnects and overcurrent devices;

Contact information and signature of the project proponent, as well as all co-proponents, if any, and all property owners;

Contact information and signature of agents representing the project proponent, if any;

Contact information for the person(s) responsible for public inquiries throughout the life of the system;

An operations and maintenance plan for battery energy storage system. Such plan shall describe continuing battery energy storage system maintenance and property maintenance, as well as design, construction, installation, testing and commissioning information;

Documentation that shows the owner of the energy storage system has site control, which shall include easements and access roads;

Documentation that shows the owner of the energy storage system has notified the electric utility of this installation;

Emergency operations plan. An emergency operations plan must incorporate the management of a worst-case scenario. This will include the plan to protect the air, water, and soil in the vicinity of the BESS. A copy of the approved emergency operations plan shall be given to the system owner and the local fire department. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information:

Proof of liability insurance. The applicant shall be required to provide evidence of liability insurance in an amount and for a duration sufficient to cover loss or damage to persons and property caused by the failure of the system.

Utility lines. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility.

Signage. The signage shall include the type of technology associated with the systems, any special hazards associated therewith, the type of suppression system installed, and twenty-four-hour emergency contact information. All information shall be clearly displayed on a reflective surface. Clearly visible warning signs concerning voltage shall be placed at the base of all pad-mounted transformers and substations.

Lighting must be Dark Sky compliant and operated only by motion detectors with no exposed illumination source.

Vegetation and tree-cutting. In addition to the clearing of vegetation within 30 feet of a battery container, areas within 10 feet on each side of a system shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees or shrubbery and cultivated ground covers or similar plants shall be exempt provided that they do not form a means of readily transmitting fire. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the system and that which is otherwise prescribed by applicable bylaws and regulations.

Noise. The one-hour average noise generated from the systems, components, and associated ancillary equipment shall not exceed a noise level of 60 dBA as measured at the property line.

Written agreement with the Fire Chief that annual inspections of the site will be scheduled with the Fire Department.

Environmental features of the site are protected, and surface runoff will not damage surrounding properties or increase soil erosion and sedimentation of nearby streams and ponds.

The Planning Board may also impose conditions as it finds reasonably appropriate to protect the Town or neighborhood, including, but not limited to, screening, lighting, noise, fences, modification of the exterior appearance of electrical cabinets, battery storage systems, or other structures, limitation upon system size, and means of vehicular access or traffic features.

No occupancy shall be allowed by the Building Commissioner, nor shall the site be energized or interconnected to the utility until the Planning Board has received, reviewed, and approved an as-built plan that demonstrates that the work proposed on the approved site plan, including all stormwater management components and associated off-site improvements, have been completed in accordance with the approved plan and certified same to the Building Commissioner.

The Planning Board may, in its discretion, approve an as-built plan upon provision of a proper bond, covenant, or third-party agreement to secure incomplete work where such work is not immediately necessary for lawful operation of the system without negative effect on public health and safety and surrounding properties.

The applicant shall make every effort to coordinate necessary surveying and finalization of the as-built plans and submission of required construction control documents prior to the conclusion of construction. Notwithstanding the above, a temporary occupancy permit may be granted with the approval of the Planning Board subject to conditions for completion of work imposed by the Board.

As part of the applicant's submission to the Board, the applicant shall submit a decommissioning plan, to be implemented upon abandonment or in conjunction with removal from property. The plan shall include:

Decommissioning fund. The owner and/or operator of the energy storage system, shall continuously maintain a fund or bond payable to the Town of Belchertown, in an approved form for the removal of the battery energy storage system, in an amount to be determined by the Town of Belchertown, for the period of the life of the facility. All costs of the financial security shall be borne by the applicant. The amount shall include a mechanism for calculating increased removal costs due to inflation.

An inspection of the completed decommissioned area shall be reviewed by a consultant hired by the Planning Board before approving the decommissioning work in accordance with the Decommissioning Plan. The owner and/or operator shall pay for the cost of this review with such payment being provided by the owner and/or operator prior to the consultant undertaking said review, in accordance with MGL Chapter 44, Section 53G.

Building permit. Removal by building permit when such removal is at the site of, incidental to, and in connection with the excavation and grading necessary for constructing a principal or accessory use permitted by this chapter, provided that the quantity of materials removed does not exceed that actually displaced by the portion of the principal or accessory use below finished grade or 500 cubic yards. Any site work involving the removal of more than 500 cubic yards requires a special permit.

Transfer of materials. Removal of earth products within the limits of a lot or contiguous lots in the same ownership, provided that no such moving shall take place across or within a street and the amount to be moved does not exceed 500 cubic yards.

Cemetery. Removal of earth products as part of normal cemetery operations.

Subdivision. Removal of earth products in relation to the construction of an approved subdivision road under the Subdivision Control Law[1] where such removal is in compliance with all requirements and conditions of an approved subdivision plan and is necessary to construct the same. The volume of earth to be removed will be shown on the definitive subdivision plan. Any amount to be removed beyond that necessary to construct the improvements according to the endorsed definitive plan requires a special permit. The volume of earth to be removed from individual building lots within the subdivision is governed by § 145-29B(1), and such volume shall be demonstrated to the Building Inspector prior to a certificate of occupancy.

A plan of the area from which removal is proposed and a strip 150 feet wide surrounding said area, showing all man-made features, lot lines, zoning boundaries, vegetation cover, soil characteristics and existing topography;

A plan of the area showing the finished grade and treatment of the site after the proposed completion of the excavation;

An analysis and evaluation of the impact of the proposed earth removal on existing site features;

An analysis and evaluation of the impact of the proposed earth removal on the groundwater, particularly elevation and significance;

An analysis and evaluation of the impact of the proposed earth removal on surface waters, wetlands and vegetative cover;

The estimated quantity of materials to be removed and topsoil to be stripped and replaced;

The treatment of the site during operations to reduce dust and sand;

A detailed statement of the hours and days of operation and the trucking route and type of vehicle to be used on any street for the removal of the earth;

The proposed form of performance guaranty; and

Such additional information as the Planning Board may require.

After notice and public hearing in accordance with Section 9 of the Zoning Act (MGL c. 40A, § 9), the Planning Board may, after due consideration of the reports and recommendations of the Conservation Commission, Board of Health and Town Engineer, grant a special permit, provided that the conditions and standards of this section have been adequately met.

A special permit for any earth product removal may be issued for a period not exceeding two years in duration. Upon reapplication for a permit, the Planning Board, at its discretion, may grant one or more extensions of said permit, each of which shall not exceed two years' duration.

In granting a special permit under this chapter, the Planning Board shall impose reasonable conditions to protect the neighborhood and the town. These conditions shall be written upon and shall constitute part of the written permit, including but not limited to:

Excavation.

The active operation area shall not exceed a total of three acres at any one time for excavation, nor six acres at any one time for excavation and processing. Natural vegetation shall be left and maintained on undisturbed land for screening and noise-reduction.

Access roads shall be treated with a suitable material to reduce dust and mud for a distance of 150 feet back from such a way. Access road entrances shall include a gate or other secure mechanisms to restrict public access to the site.

Guard fencing of at least four feet in height shall be required around vertical slopes steeper than a grade of four feet horizontal distance to one foot of vertical rise (4:1) for public safety.

Operation hours shall be between 7:00 a.m. and 5:00 p.m. on weekdays. No weekend or holiday hours are permitted. However, the Planning Board may further limit hours of operation if, after weighing factors, including traffic flow and safety, it determines the public good will be served. Trucks may enter and leave the premises only within such hours. All loaded vehicles shall be suitably covered to prevent dust and contents from spilling and blowing from the load.

A permit issued hereunder is not transferable and no work under such permit shall be performed except by the holder of the permit.

The Planning Board may recommend conditions, not specifically provided for herein, on any special permit relating to earth removal.

Restoration. The Planning Board shall regulate the conversion of the abandoned excavation site and its reuse according to, but not limited to, the following conditions:

Provide housing options for residents who cannot afford, or who do not desire, a single-unit house with land, for example, young adults and senior citizens; and

Provide older owners with a means of obtaining rental income, companionship, security and services, and thereby enable them to stay more comfortably in houses and neighborhoods they might otherwise be forced to leave;

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

Protect the stability, property values, and the single-unit residential character of a neighborhood by ensuring that accessory apartments are installed only on owner-occupied lots and are properly permitted and inspected;

Add moderately priced rental units to the housing stock to meet the needs of smaller households and make housing units available to moderate-income households who might otherwise have difficulty finding housing;

To provide housing units for persons with disabilities.

There shall be no more than one accessory apartment on an individual parcel of land, regardless of the parcel's area.

The owner of the residence in which the accessory unit is created must continue to occupy at least one of the dwelling units as his or her primary residence. The special permit for the accessory apartment may be revoked by the Planning Board if the owner no longer occupies one of the dwelling units.

Up to 45% of the gross floor area of the main dwelling, not to exceed 900 square feet maximum gross floor area, may be permitted for the accessory apartment; to provide for development of housing units for disabled individuals, the Planning Board may allow reasonable deviation from the stated conditions when necessary to install features that facilitate access and mobility for disabled persons.

The accessory apartment shall have no more than two bedrooms.

There is no outward evidence that the premises are being used for more than one residential unit. That is:

The accessory apartment must have the same street address as the main dwelling unit, but with the designation "A" for the apartment, for example, if the house is No. 123, the accessory apartment would be No. 123A.

Accessory apartments are allowed only in the AG-A, AG-B, LR, and VR Zones, and only with a special permit from the Planning Board.

Special permits issued under this section shall specify that the owner must occupy one of the dwelling units. Prior to the occupancy of the accessory apartment, the special permit must be recorded in the Hampshire Registry of Deeds or Land Court, as appropriate, in the chain of title to the property, with documentation of the recording provided to the Building Inspector/Zoning Enforcement Officer. This special permit requires the applicant to demonstrate to the special permit granting authority that § 145-69 is satisfied.

When there is a transfer of ownership of a property with a permitted accessory apartment, the new owner may apply for transfer of the accessory apartment special permit by submitting a notarized letter of application stating that the new owner shall occupy one of the dwelling units on the premises. In extenuating circumstances of transfer, such as, but not limited to, inheritance, bankruptcy, or foreclosure, the owner may request the Planning Board modify the owner-occupancy requirement to allow reasonable time to establish occupancy. The period of owner non-residency will not exceed one year. During the nonresidency period, the owner shall not be allowed to rent both units.

Prior to issuance of an accessory apartment special permit, a floor plan must be submitted showing the building, including proposed interior and exterior changes to the building.

The applicant must demonstrate in writing that the special permit requirements of § 145-69, with specific emphasis on Subsection A(1)(a),(b), (c), have been met.

The applicant must demonstrate off-street parking of one space for a studio or one-bedroom apartment, and two spaces for a two-bedroom apartment, in addition to the parking required for the original house.

Apartments that lawfully existed before the adoption of this bylaw, but do not strictly conform to the terms of this by law, are exempt from the terms of this bylaw for the life of the current special permit.

The Planning Board may authorize, under a special permit and in conjunction with the building inspector, an accessory apartment in an owner-occupied single-unit dwelling. The Board shall review each existing apartment on its individual merits to determine if the dwelling conforms to the Massachusetts Building Code. The applicant must follow the same procedure described in this bylaw, including the submission of a notarized letter declaring owner-occupancy.

If an accessory apartment special permit expires, a new application for a special permit is required and shall conform to the bylaw as exists at the time of new application.

The Planning Board may authorize a special permit for an apartment that existed prior to May 12, 2014, which may or may not conform to this standard, upon a finding that it is the best interests of the community to recognize the current use.

The lot has an area of at least 20,000 square feet in the VR District and at least 40,000 square feet in the AG-A, AG-B, and LR Districts;

The setbacks of the accessory structure meet the setback requirements of a primary dwelling in the subject zone;

The accessory structure is no more than 100 feet from the primary dwelling with clear line of sight between the primary dwelling and the accessory structure;

(Reserved)

The accessory apartment has not more than 900 square feet of habitable floor area; to provide for development of housing units for disabled individuals, the Planning Board may allow reasonable deviation from the stated conditions when necessary to install features that facilitate access and mobility for disabled persons. The habitable floor area for the accessory apartment shall not include floor area used for any other permitted accessory use or floor area designed, intended, or used for required off-street parking to serve the principal dwelling;

Not more than one accessory structure on the lot may have a accessory apartment. There shall be not more than two dwelling units, one of which is the accessory apartment and the other is the principal dwelling, on the lot;

The accessory apartment complies with all applicable building, health, and safety codes for a dwelling, noting that a mobile home as defined in § 145-2 may not be allowed as an accessory structure; and

That when an accessory apartment is to be within an existing accessory structure, the exterior appearance of the accessory structure maintains the essential character of the purpose for which it was originally constructed; or when an accessory apartment is itself a detached accessory structure, the structure is constructed or adapted to appear in the style of a garage, barn, shed, or similar structure customarily located on the same lot with a single unit dwelling, and it must be visually compatible with the primary dwelling unit on the same lot and with the character of the neighborhood.

Purpose. The purpose of this is to:

Definitions. Any term not specifically defined in the Zoning Bylaws shall have the meaning as defined 935 CMR 500.00, as such regulations may from time to time be amended.

Applicability.

Application requirements. Pursuant to MGL c. 44, § 53G, the Planning Board may impose on all applicants, when it determines that it is necessary, reasonable fees for the employment of outside consultants, to review applications submitted in accordance with this section of the bylaw, and to assist the Planning Board with its review of such plans and applications.

Standards and conditions. In addition to the requirements of § 145-69 governing special permits, marijuana establishments shall be subject to the following additional standards and criteria.

Severability. If any provision of this § 145-29.2 is found to be invalid by a court of competent jurisdiction, the remainder of § 145-29.2 shall not be affected but shall remain in full force. The invalidity of any provision of § 145-29.2 shall not affect the validity of the remainder of the Town's Zoning Bylaw.