Chelmsford City Zoning Code
ARTICLE XIIIA
Commercial Solar Photovoltaic Facility
[Added 4-30-2012 ATM by Art. 29]
§ 195-68.1 Purpose.
The purpose of this section is to promote the creation of new commercial solar photovoltaic facilities by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety and minimize impacts on residential neighborhoods and scenic, natural and historic resources.
§ 195-68.2 Applicability.
A.
The facility may be allowed in all zoning districts.
B.
The facility shall be subject to the procedures, submissions and approval of site plan review, in accordance with Article XIX, § 195-104, as well as state and federal law. This section also pertains to physical modifications that materially alter the type, configuration or size of these installations or related equipment throughout the useful life of the system or where alterations may impact abutters.
C.
With the exception of Articles VIII, Environmental Standards, Article X, Earth Removal, Article XIV, Aquifer Protection and Article XV, Floodplain District, all other zoning articles and provisions shall not be applicable.
§ 195-68.3 Design and dimensional standards.
A.
Where abutting or within a residential zone or use:
(1)
Shall be allowed on parcels of not less than three acres.
(2)
A minimum ten-foot-wide visual buffer shall be provided along the property line. This buffer may consist of existing and/or proposed vegetation, fences, walls and berms or a combination thereof. In cases where the buffer cannot be provided on site, the Planning Board may consider existing and/or proposed off-site buffering.
(3)
No structure or buildings shall be located within 25 feet of the residential property line.
B.
Where abutting a nonresidential zone or use, no structures or buildings shall be located within 10 feet of the property line.
C.
A security fence shall be installed along or proximate to the perimeter of the property and shall be maintained for the lifetime of the facility.
D.
Adequate access shall be provided for emergency services. At the terminus of the accessway, either inside or outside a perimeter fence, an adequate staging and maneuvering area shall be provided for emergency services.
E.
The owner/operator shall provide a copy of the project summary, electrical schematic, and site plan to the Fire Department. The owner/operator shall provide an emergency response plan. The emergency response plan is subject to the approval of the Planning Board, the Fire Department and the Police Department and shall include, at a minimum, explicit instructions on all means of shutting down the facility, which shall be clearly marked. The owner/operator shall identify a responsible person for emergencies throughout the life of the installation.
F.
The visual impact of the facility, including all accessory structures and appurtenances, shall be mitigated. All accessory structures and appurtenances shall be architecturally compatible with each other. Whenever reasonable, structures shall be shaded from view by vegetation and/or joined and clustered to avoid adverse visual impacts. Methods such as the use of landscaping, natural features and fencing may be utilized.
G.
Lighting shall be limited to security and emergency purposes. Where used, lighting shall be directed downward and full cutoff fixtures shall be used.
H.
Signage shall be limited to security and emergency services.
I.
All utility connections from the facility shall be underground unless specifically permitted otherwise by the Planning Board. Electrical transformers and inverters to enable utility interconnections may be above ground if required by the local electrical utility provider.
J.
Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the facility or otherwise prescribed by applicable laws, regulations and bylaws.
K.
The provisions of § 195-68.3 may be waived by the Planning Board upon a finding that such deviation will not detract from the purpose of § 195-68.1.
§ 195-68.4 Criteria for approval.
In addition to Article XIX, § 195-104H, the Planning Board shall make the following specific findings:
A.
The facility conforms to the provisions of this section and is in harmony with the general purpose and intent of this chapter.
B.
The facility will not be detrimental to the health, safety or welfare of the neighborhood or the Town.
C.
Environmental features of the site and surrounding areas are protected, and the surrounding area will be protected from the proposed use by provision of adequate surface water drainage. Adequate measures are provided to mitigate the impact during construction, including but not limited to dust and erosion control.
D.
For purposes of ensuring conformity with the section, the Planning Board may place reasonable conditions and safeguards on the approval. Such conditions may include:
(1)
The requirement of a performance bond, secured by deposit of money or negotiable securities, posted with the Town to cover the cost of maintenance or removal in the event the Town must remove, remediate the landscape the installation. The amount of the performance bond shall not exceed the estimated cost of the removal of the facility.
(2)
Additional vegetative buffering.
(3)
Performance bonds for unique environmental conditions such as the protection of a landfill cover.
E.
The applicant shall provide evidence 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 facility owner's or operator's intent to install an interconnected customer-owned generator. Proof of a mutual agreement with the utility company shall be provided to the Planning Board. Off-grid systems shall be exempt from this requirement, however if it goes on grid in the future, it shall comply with this requirement.
§ 195-68.5 Maintenance.
The facility owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, continued compliance with landscaping and screening requirements, and integrity of security measures. The owner or operator shall be responsible for the maintenance of any access roads serving the installation.
§ 195-68.6 Discontinuance.
A facility shall be deemed to have been discontinued if it has not been in service for a continuous twenty-four-month period. Upon receipt of a notice of discontinuance from the Building Commissioner, the owner shall have the right to respond to the notice within 30 days of receipt. The Building Commissioner shall withdraw the notice of discontinuance and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates to the satisfaction of the Building Commissioner that the facility has not been discontinued. If the facility is determined to be discontinued, the owner shall remove the facility, including all structures, equipment, security barriers and transmission lines, and stabilize or revegetate the site as necessary to minimize erosion and sedimentation, at the owner's sole expense, within three months of receipt of the notice of discontinuance. Failure to remove the installation and stabilize the site within said time period may subject the owner to action pursuant to Article XIX, § 195-100.