Bellingham City Zoning Code
ARTICLE XXIV
Large-Scale Ground-Mounted Solar Photovoltaic Installations
§ 240-162 Purpose.
A.
The purpose of this article is:
(1)
To provide standards for the placement, design, construction, operation, monitoring, modification and removal of large-scale ground-mounted solar photovoltaic installations;
(2)
To minimize the adverse impacts of large-scale ground-mounted solar photovoltaic installations on adjacent properties and residential neighborhoods;
(3)
To minimize impacts on scenic, natural and historic resources; and
(4)
To provide adequate financial assurance for the eventual decommissioning of such installations.
B.
The provisions set forth in this article shall take precedence over all other provisions of this bylaw when considering applications related to the construction, operation, and/or repair of large-scale ground-mounted solar photovoltaic installations.
§ 240-163 Definitions.
In addition to Article VI of this bylaw, the following definitions shall apply to large-scale ground-mounted solar photovoltaic installations:
A solar photovoltaic system on a parcel of at least 20 acres that is structurally mounted on the ground and is not roof-mounted, and has a minimum nameplate capacity of 250 kW DC.
A solar photovoltaic installation that is constructed at a location where other uses of the underlying property occur.
The maximum rated output of electric power production of the photovoltaic system in direct current (DC).
§ 240-164 Applicability.
This article applies to any large-scale ground-mounted solar photovoltaic installation proposed to be constructed after the effective date of this article. Such installation may proceed as of right as set forth in the Table of Use Regulations[1] without the need for a special permit, variance, site plan approval, zoning amendment, waiver, or other discretionary approval. Any modification of any existing large-scale ground-mounted solar photovoltaic installation that materially alters the type, configuration, or size of such facility or related equipment shall also be subject to the article.
§ 240-165 General requirements.
The following requirements are common to all large-scale ground-mounted solar photovoltaic installations.
A.
Compliance with laws, ordinances and regulations. The construction and operation of all such proposed large-scale ground-mounted solar photovoltaic installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, environmental, electrical, communications and aviation requirements.
B.
Development plan review, building permit. No large-scale ground-mounted solar photovoltaic installation shall be erected, constructed, installed or modified as provided in this article without first obtaining approval from the Planning Board for development plan approval pursuant to § 240-16 of this bylaw and without first obtaining a building permit and all other applicable permits required by law. In the event development plan review is not completed by the Planning Board one year from the date of application, the application shall be deemed approved.
C.
Fees. The application for a building permit for a large-scale ground-mounted solar photovoltaic installation must be accompanied by the fee required for a building permit and all other applicable permits required by law.
§ 240-166 Submittal to Building Inspector.
A.
An application for a building permit for a large-scale ground-mounted solar photovoltaic installation shall include the following information. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts.
(1)
Blueprints or drawings of the solar photovoltaic installation signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures;
(2)
One or three line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all Massachusetts Electrical Code compliant disconnects and overcurrent devices;
(3)
Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;
(4)
Name, address, and contact information for proposed system installer;
(5)
Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any;
(6)
The name, contact information and signature of any agents representing the project proponent;
(7)
Documentation of actual or prospective access and control of the project site;
(8)
An operation and maintenance plan including measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation;
(9)
Proof of liability insurance;
(10)
Evidence that the utility company that operates the electrical grid where the installation is to be located has been informed of the applicant's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
B.
Site control. The applicant shall submit documentation of actual or prospective access and control of the project site sufficient to allow for installation and operation of the proposed installation. Control shall include the legal authority to prevent the use or construction of any structure for human habitation within the setback areas.
C.
Operation and maintenance plan. The applicant shall submit a plan for maintenance of access roads and stormwater controls, as well as general procedures for operational maintenance of the installation.
D.
Utility notification. No large-scale ground-mounted solar photovoltaic installation facility shall be installed until evidence has been submitted that the utility company that operates the electrical grid where the installation is to be located has been informed of the customer's intent to install such installation. Off-grid systems shall be exempt from this requirement.
§ 240-167 Design standards.
The following standards shall apply to any large-scale ground-mounted solar photovoltaic installation.
A.
Lighting. Lighting of large-scale ground-mounted solar photovoltaic installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as accessory structures, shall be limited to that required for safety and operational purposes, and shall not cast measurable light onto adjacent properties or into the night sky. Lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.
B.
Signage. Signs on such installations shall comply with the Town's Sign Bylaw.[1] The following signs shall be required:
(1)
Those necessary to identify the owner, provide a twenty-four-hour emergency contact phone number, and warn of any danger.
(2)
Educational signs providing information about the facility and the benefits of renewable energy.
(3)
Installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the facility.
C.
Utility connections. The Building Inspector may require as a condition of site plan approval that all utility connections from the solar photovoltaic installation shall be underground, after considering 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.
Accessory structures. All accessory structures to large-scale ground-mounted solar photovoltaic installations shall be subject to reasonable regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such accessory structures, including, but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. To the maximum extent feasible, structures which are visible or directly adjacent to residentially zoned or occupied properties or which are adjacent to a public way shall be screened from view by landscaping or other means and/or joined or clustered to avoid adverse visual impacts.
E.
Dimensional and density requirements; setbacks. For large-scale ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be as follows:
(1)
Front yard. The front yard depth shall be at least 20 feet; provided, however, that where the lot abuts a Residential District, the front yard shall not be less than 100 feet.
(2)
Side yard. Each side yard shall have a depth at least 10 feet; provided, however, that where the lot abuts a Residential District, the side yard shall not be less than 100 feet.
(3)
Rear yard. The rear yard depth shall be at least 20 feet; provided, however, that where the lot abuts a Residential District, the rear yard shall not be less than 100 feet.
F.
Land clearing, soil erosion and habitat impacts. Given the nature of the need for no shadowing and maximum exposure of the solar panels to the sun, clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the installation or otherwise prescribed by applicable laws, regulations, and bylaws.
§ 240-168 Safety and environmental standards.
The following standards shall apply to any large-scale ground-mounted solar photovoltaic installation.
A.
Emergency services. The large-scale ground-mounted solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Fire Chief. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.
B.
Unauthorized access. Installations shall be surrounded by security fencing of at least eight feet or other suitable barrier approved by the Planning Board, including locked gates to prevent unauthorized access. Electrical equipment shall be locked where possible. A Knox box approved by the Fire Chief shall be provided and installed at a location on site approved by the Fire Chief and contain keys and contact information for access to the facility in the event of an emergency.
C.
Monitoring and maintenance. The owner or operator of the large-scale ground-mounted solar photovoltaic installation 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 Fire Chief and Emergency Medical Services. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), unless accepted as a public way.
§ 240-169 Accessory roof-mounted solar photovoltaic installations.
Nothing in this article shall be construed to prevent the installation, pursuant to M.G.L. ch. 40A, § 3, of accessory roof-mounted solar photovoltaic installations in any district.
§ 240-170 Financial surety for decommissioned installations.
The applicant for a large-scale ground-mounted solar photovoltaic installation shall provide a form of surety, either through escrow account, bond or otherwise, 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, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the applicant. Such surety will not be required for municipally- or state-owned facilities. The applicant 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.
§ 240-171 Exemption for municipal land.
Large-scale ground-mounted solar photovoltaic installations shall be allowed to be constructed upon any municipal property meeting the requirements of this bylaw regardless of the zoning district.