Brewster City Zoning Code
ARTICLE XIV
Large-Scale Ground-Mounted Solar Photovoltaic Installations
[Added 11-7-2011 FYTM, Art. 16[1]]
[1]
Editor's Note: This article also provided for the redesignation of former Article XIV as Article XV.
§ 179-75.2 Purpose.
A.
The purpose of this bylaw is to provide standards for new large-scale ground-mounted solar photovoltaic installations, including the placement, design, construction, operation, monitoring, modification and removal of such installations, and thereby, to address public safety, and to minimize impacts on scenic, natural and historic resources.
B.
The provisions set forth in this article shall apply to the construction, operation, and/or repair of large-scale ground-mounted solar photovoltaic installations on private property and Town-owned land.
§ 179-75.3 Applicability.
This article applies to large-scale ground-mounted solar photovoltaic installations proposed after the effective date of this article. For the purposes of this article, a large-scale ground-mounted solar photovoltaic installation is any solar photovoltaic array with a rated nameplate capacity of 250 kW (DC) or more. This article also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment.
§ 179-75.4 Definitions.
As used in this article, the following terms shall have the meanings indicated:
AS-OF-RIGHT SITING
Development may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. As-of-right development shall be subject to site plan review to determine conformance with local zoning ordinances or bylaws. Projects cannot be prohibited but can be reasonably regulated by the Building Commissioner.
BUILDING PERMIT
A construction permit issued by the Building Commissioner; the building permit evidences that the project is consistent with the state and federal building codes as well as local zoning bylaws, including those governing ground-mounted large-scale solar photovoltaic installations.
DESIGNATED LOCATION
The zoning districts designated by Town Meeting, in accordance with MGL c. 40A, § 5, where ground-mounted large-scale solar photovoltaic installations may be sited. Said locations are shown on a Zoning Map pursuant to MGL c. 40A, § 4.
LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION
A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted and has a minimum nameplate capacity of 250 kW (DC) or more.
ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION
A solar photovoltaic installation that is constructed at a location where other uses of the underlying property occur.
RATED NAMEPLATE CAPACITY
The maximum rated output of electric power production of the photovoltaic system in direct current (DC).
SOLAR PHOTOVOLTAIC ARRAY
An arrangement of solar photovoltaic panels.
SPECIAL PERMIT GRANTING AUTHORITY
For applications requiring a special permit, the special permit granting authority is the Planning Board.
STAFF REVIEW
A review by Town staff pursuant to Chapter 83 of the Code of the Town of Brewster.
ZONING ENFORCEMENT AGENT
The Building Commissioner.
§ 179-75.5 General requirements for all large-scale ground-mounted solar power generation installations.
The following requirements are common to all solar photovoltaic installations to be sited in designated locations:
A.
Compliance with laws, ordinances and regulations. The construction and operation of all large-scale solar photovoltaic 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 solar photovoltaic installation shall be constructed in accordance with the State Building Code.
B.
Building permit and building inspection. No large-scale solar photovoltaic installation shall be constructed, installed or modified as provided in this article without first obtaining a building permit.
C.
Fees. The application for a building permit for a large-scale solar photovoltaic installation must be accompanied by the fee required for a building permit.
D.
Staff review and site plan review. Large-scale ground-mounted solar photovoltaic installations with 250 kW or larger of rated nameplate capacity shall undergo staff review pursuant to the regulations in Chapter 83 of the Brewster Town Code. They shall also undergo site plan review by the Planning Board, prior to construction, installation or modification as provided in this section, following the requirements in § 179-75.5D(1) and (2).
(1)
General. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts.
(2)
Required documents.
(a)
Pursuant to the plan review process, the project proponent shall provide the following documents:
[1]
A site plan showing:
[a]
Property lines and physical features, including roads, for the project site;
[b]
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;
[c]
Solar photovoltaic installation blueprints or drawings, 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;
[d]
One- or three-line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National-Electrical-Code-compliant disconnects and overcurrent devices;
[e]
Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;
[f]
Name, address, and contact information for proposed system installer;
[g]
Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any;
[h]
The name, contact information and signature of any agents representing the project proponent; and
[2]
A rendering or photo simulation showing the proposed project at completion;
[3]
Documentation of actual or prospective access and control of the project site (see also Subsection E);
[4]
An operation and maintenance plan (see also Subsection F);
[5]
A utility connection plan (see also Subsection I(3), and an acknowledgment of application from the electric utility;
[6]
Zoning district designation for the parcel(s) of land comprising the project site (submission of a copy of a Zoning Map with the parcel(s) identified is suitable for this purpose); and
[7]
Proof of liability insurance.
(b)
The Planning Board may waive documentary requirements as it deems appropriate.
E.
Site control. The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed solar photovoltaic installation.
F.
Operation and maintenance plan. The project proponent shall submit a plan for the operation and maintenance of the large-scale ground-mounted solar photovoltaic installation, which shall include measures for maintaining safe access to the installation, stormwater controls, and general procedures for operational maintenance of the installation.
G.
Utility notification. No large-scale ground-mounted solar photovoltaic installation shall be constructed until evidence has been given to the Planning Board that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar photovoltaic installation owner's or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
H.
Dimension and density requirements.
(1)
Setbacks. For large-scale ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be as follows:
(a)
Front yard. The front yard depth shall be not less than 25 feet in the Industrial (I) and Municipal Refuse (MRD) Districts and not less than 50 feet in other districts.
(b)
Side yard. Each side yard shall have a depth not less than 15 feet in the Industrial (I) and Municipal Refuse (MRD) Districts and not less than 50 feet in other districts.
(c)
Rear yard. The rear yard depth shall be not less than 25 feet in the Industrial (I) and Municipal Refuse (MRD) Districts and not less than 50 feet in other districts.
(2)
Appurtenant structures. All appurtenant structures to large-scale ground-mounted solar photovoltaic installations shall, in the case of special permits, be subject to reasonable conditions concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be screened from view by vegetation and/or joined or clustered to avoid adverse visual impacts.
I.
Design standards.
(1)
Lighting. Lighting of solar photovoltaic 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. Where feasible, lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.
(2)
Signage. Signs on large-scale ground-mounted solar photovoltaic installations shall comply with Article VI of this bylaw. A sign consistent with Article VI shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number. Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.
(3)
Utility connections. Utility connections from solar photovoltaic installations shall be underground, but the Planning Board, after considering the soil conditions, shape, and topography of the site and any requirements of the utility provider, may permit connections above the ground. Electrical transformers for utility interconnections may be above the ground if required by the utility provider.
(4)
Screening. The solar arrays should be screened from roads and from adjacent residential lots by a minimum five-foot-tall evergreen screen. The Planning Board may alter or waive this requirement if such screening would have a detrimental impact on the operation and performance of the array.
(5)
Security. Appropriate measures shall be taken to prevent the solar arrays from being damaged or tampered with by individuals trying to access the area of the installation. The method of securing the site shall be subject to the approval of the Planning Board.
J.
Safety and environmental standards.
(1)
Emergency services. The large-scale 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.
(2)
Land clearing, soil erosion and habitat impacts. All attempts should be made to locate a large-scale ground-mounted solar photovoltaic installation in an area that requires little or no clearing of natural vegetation. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the large-scale ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and bylaws.
K.
Monitoring and maintenance.
(1)
Solar photovoltaic installation conditions. The large-scale ground-mounted solar photovoltaic installation 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 at a level acceptable to the 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 roads, unless they have been accepted as public ways.
(2)
Modifications. All material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval by the Planning Board.
L.
Decommissioning.
(1)
Removal requirements. Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations due to the installation reaching the end of its useful life. 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 large-scale ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site.
(b)
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
(c)
Stabilization or revegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.