Any school attended by children under the age of 18;

Any licensed child care facility;

Any drug or alcohol rehabilitation facility;

Any correctional facility, halfway house, or similar facility;

Any other medical marijuana facility.

Any church;

Any park;

Any playground;

Any play field;

Any youth center; or

Any other location where groups of minors regularly congregate.

Cultivation of marijuana for medical use (horticulture) (special permit not required for sites meeting agricultural exemption standards found in MGL c. 40A, § 3);

Processing and packaging of marijuana for medical use, including marijuana that is in the form of smoking materials, food products, oils, aerosols, ointments, and other products;

Retail sale or distribution of marijuana for medical use to qualifying patients;

Wholesale sale of marijuana for medical use to other medical marijuana facilities located in Chicopee or in another municipality in Massachusetts or elsewhere.

The name and address of each owner of the facility;

Copies of all required licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the facility;

Evidence of the applicant's right to use the site or structure, such as a deed or lease;

If the applicant is a business organization, a statement under oath disclosing all of its owners, shareholders, partners, members, managers, directors, officers, or other similarly situated individuals and entities and their addresses. If any of the above are entities rather than persons, the applicant must disclose the identity of the owners of such entities until the disclosure contains the names of individuals;

A certified list of all parties in interest entitled to notice of the hearing for the special permit application, taken from the most recent tax list of the City of Chicopee and certified by the office of the Assessor;

Proposed security measures for the medical marijuana facility, including lighting, fencing, gates and alarms, etc., to ensure the safety of persons and to protect the premises from theft.

The facility is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest, as defined in MGL c.40A, § 11;

The Massachusetts Department of Public Health (DPH) has approved the applicant's Phase 1 application.

The applicant has satisfied all of the conditions and requirements of Subsections E and F herein; and

The applicant has satisfied all of the special permit requirements as outlined in Chapter 275 of the Ordinances of the City of Chicopee.

Prior to surrendering its state-issued licenses or permits; and

Within six months of ceasing operations.

Visual impact: All solar conversion installations shall be designed and located to minimize adverse visual impacts, defined as "an undertaking that alters directly or indirectly the viewshed from a property in a manner that would diminish that property's perceived value." Adverse visual impacts can be mitigated through a variety of actions in design, construction and maintenance. The removal of the natural or existing vegetation is the single most noticeable visual impact of a project and shall be held to a minimum to achieve community acceptance. Clearing only what vegetation is necessary for the construction can eliminate or reduce the need to mitigate. However, proper sight distances, clear zones and horizontal clearance requirements must be considered. All abutting property shall be visually screened from the project through any one or a combination of the following: location, distance, plantings, existing vegetation (located on the same parcel as the installation) and fencing (not to exceed six feet).

Pole-mounted installations: If solar conversion installations are mounted on a pole or other apparatus separate from a principal or accessory structure, said apparatus must comply with accessory structure regulations within their respective zoning districts and be set back from adjoining property lot lines at a ratio of one foot of apparatus height to 0.5 foot of setback or a minimum of the underlying setback requirement.

Rooftop installations: Rooftop solar conversion installations that are not flush-mounted must not exceed the overall building height limits of the underlying district. Height is measured to the highest protruding point of the solar energy system at its fullest extension, not to exceed five feet above the roofline.

Wall-mounted installations: If solar conversion installations are mounted on building walls/facades, said installations must comply with minimum setback requirements as detailed within the property's respective zoning district.

Utility notification: Written proof that CEL or Eversource is in discussions with the applicant regarding an interconnection agreement must be submitted with all permit applications. No building or electrical permits will be issued until the installation owner or operator enters into an interconnection agreement with the utility company that operates the electrical grid for which the installation connection is proposed. Proof of the interconnection agreement shall be presented to the Building Department with the permit application. Projects that are not designed to connect to an electrical grid are exempt but must comply with all other relevant requirements. Reasonable efforts, as determined by the City Council with guidance from the Planning Department, shall be made to place all utility connections from the solar photovoltaic 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 aboveground if required by the utility provider.

Section 275-66, Burnett Road: Regulations promulgated in § 275-66, which regulate new development on Burnett Road and appurtenant streets, shall not apply to solar energy projects proposed for the Burnett Road area of the City.

Screening: Structures must be shielded from view and/or located to avoid adverse visual impacts as deemed necessary by and in the opinion of the Site Plan Review Advisory Committee.

Setbacks: The purpose of setbacks is to mitigate adverse impacts on abutting properties. For large-scale, ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be as follows:

Lighting: Lighting of parts of the solar energy system shall be limited to that required for safety and operational purposes and shall be designed to minimize glare on abutting properties and be directed downward with full cutoff fixtures to reduce light pollution. The City suggests the use of LED systems whenever possible to conserve electricity.

Signage: Signs on the solar energy system shall comply with the dimensional and setback requirements of the underlying zoning regulations. Signage in districts with no signage requirements are limited to two signs, three square feet in size, maximum of five feet in height, and located in such a manner that there is an unobstructed view of the street from an access drive. Signage required for safety, emergency or by code is excluded from the signage requirements in this section.

Appurtenant structures: All appurtenant structures to large-scale ground-mounted solar photovoltaic installations shall be subject to reasonable regulations as adopted by the Planning Board 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 shielded from view by existing vegetation or plantings and/or joined or clustered to avoid adverse visual impacts.

Parking: Reasonable on-site parking is required for vehicles that will service solar energy systems. Please refer to (parking and loading) § 275-40N(2)(v).

Consultants: Upon submission of an application for a renewable energy installation requiring Site Plan Review Advisory Committee Review, the permit granting authority will be authorized to hire outside consultants, pursuant to MGL c. 44, § 53G. As necessary, the applicant may be required to pay the consultant's fees.

Emergency services: The applicant shall provide a copy of the project summary, electrical schematic, and site plan to local emergency service providers, as designated by the Site Plan Review Advisory Committee. Upon request, the applicant shall cooperate with local emergency services in developing an emergency response plan. All means of disconnecting the solar energy system shall be clearly marked. The applicant or system owner shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project. The owner or operator shall be required to provide a secure, tamperproof storage box for keys or other access tools at each locked entrance to the facility and maintain a complete set of all keys or devices required to gain emergency access to all areas, buildings and equipment of the facility. The owner or operator shall designate a representative who is available 24 hours a day, seven days a week, to respond to emergency situations. This individual shall be required to respond to an emergency situation within 45 minutes of notification.

Security: The solar energy system shall be designed to prevent unauthorized access. Access to electrical equipment shall be locked where possible.

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 solar energy system. Site access shall be maintained to a level acceptable to the local Fire Chief, Police Chief, Emergency Medical Services and Site Plan Review Advisory Committee.

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 ground-mounted solar photovoltaic installation and per best management practices of natural areas or good husbandry of the land or forest otherwise prescribed by applicable laws, regulations and bylaws and defined by Massachusetts General Law Chapter 131, Section 140; 310 CMR, Wetlands Protection; and the Chicopee Stormwater Ordinance: City Code Chapter 231. The clearing of greenfields/undeveloped landscapes and the development of such facilities is highly discouraged.

Financial surety: Proponents of renewable energy projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal or failure to maintain in the event the City must maintain or dismantle, remove and properly dispose of the facility and remediate the landscape, in an amount and form determined to be reasonable by the Site Plan Review Advisory Committee, 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 and disposal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal and disposal costs due to inflation.

Abandonment and removal.

Pole-mounted wind conversion systems are prohibited.

Building-integrated wind conversion systems are permitted in all zoning districts. For the purpose of this section, "building-integrated systems" refers only to systems encased within a principal or accessory building.

Pole-mounted wind conversion systems are prohibited.

Building-integrated wind conversion systems are permitted. All such systems shall have a protective shroud to contain projectiles in the event of system malfunction.

No wind energy conversion system shall be erected, used or otherwise employed if said device interrupts or disturbs radio or television signal reception.

As per Chicopee Noise Ordinance: City Code § 200-2, no wind energy conversion system shall be erected, used or otherwise employed if said device results in the creation of any unreasonably loud, disturbing and unnecessary noise of such character, intensity and duration as to be detrimental to the life or health of any individual or contrary to the public welfare.

Monitoring and maintenance. The applicant shall maintain the wind energy facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, emergency braking (stopping) and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Medical Services. The project owner shall be responsible for the cost of maintaining the wind energy facility.

Abandonment or decommissioning: removal requirements. Any wind energy facility which has reached the end of its useful life or has been abandoned shall be removed. The owner/operator shall physically remove the facility no more than 150 days after the date of discontinued operations. Decommissioning shall consist of:

Financial surety. Applicants for commercial-scale wind energy facilities shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal and disposal or failure to maintain in the event the City must maintain or remove the facility and remediate the landscape, in an amount and form determined to be reasonable by the Site Plan Review Advisory Committee, 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 and disposal prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.

License Group A [Business to Business (B2B) Establishments]. Marijuana cultivator, craft marijuana cooperative: Industrial Zoning District (§ 275-62).

License Group B [Business to Consumer (B2C) Establishments]. Marijuana retailer, microbusiness, social consumption operator: Industrial (§ 275-62), Business A (§ 275-58), Business B (§ 275-59), or Business C (§ 275-60), Mixed Use (§ 275-65), Central Business District (§ 275-61), and Mill Conversion and Commercial Center Overlay (§ 275-67).

License Group C (establishments not conducting sales operations). Independent testing and standards laboratory, marijuana research facility, marijuana transporter: Industrial (§ 275-62), Business A (§ 275-58), Business B (§ 275-59), or Business C (§ 275-60), Mixed Use (§ 275-65), Central Business District (§ 275-61), Mill Conversion and Commercial Center Overlay (§ 275-67), and Commercial A (§ 275-56).

In accordance with 935 CMR 500.110(3): Security Requirements for Marijuana Establishments, Buffer Zone, no adult use marijuana establishment categorized under License Group A shall be located within 500 feet of the following preexisting structures or uses: any school attended by children under the age of 18, licensed childcare facility, municipally owned and operated park or recreational facilities (not including bikeways, pedestrian paths, or other facilities primarily used for nonvehicular modes of travel), churches or places of worship, libraries, playground or play field, youth center, or other establishment at which youth under the age of 18 usually congregate.

In accordance with 935 CMR 500.110(3): Security Requirements for Marijuana Establishments, Buffer Zone, no adult use marijuana establishment categorized under License Group B shall be located within 500 feet of the following preexisting structures or uses: any school attended by children under the age of 18, licensed childcare facility, municipally owned and operated park or recreational facilities (not including bikeways, pedestrian paths, or other facilities primarily used for nonvehicular modes of travel), churches or places of worship, libraries, playground or play field, youth center, or other establishment at which youth under the age of 18 usually congregate.

In accordance with 935 CMR 500.110(3): Security Requirements for Marijuana Establishments, Buffer Zone, no adult use marijuana establishment categorized under License Group C shall be located within 250 feet of the following preexisting structures or uses: any school attended by children under the age of 18, licensed childcare facility, municipally owned and operated park or recreational facilities (not including bikeways, pedestrian paths, or other facilities primarily used for nonvehicular modes of travel), churches or places of worship, libraries, playground or play field, youth center, or other establishment at which youth under the age of 18 usually congregate.

Other land use buffers.

Buildings that contain any medical doctor's offices or offices of any other professional practitioner authorized to prescribe the use of medical marijuana.

Buildings that contain a hotel or motel.

No pesticides, insecticides, or other chemicals or products used in cultivation or processing are dispersed into the outside atmosphere;

No odor from marijuana processing or consumption can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the adult use marijuana establishment or at any adjoining use or property.

The special permit granting authority reserves the right to increase the number of special permits allowed in the City of Chicopee through review of this section.

Marijuana cultivator.

Craft marijuana cooperative.

Marijuana product manufacturer.

Marijuana retailer.

Marijuana research facility.

Independent standards and testing laboratory.

Microbusiness.

Social consumption operator.

The name and address of owner(s) of the establishment;

Copies of all required draft or final license and permit applications planned for submission by the applicant to the Commonwealth of Massachusetts Cannabis Control Commission;

Copies of any existing licenses for adult use and/or medical marijuana facilities within the Commonwealth of Massachusetts;

Evidence of the applicant's right to use the site of the proposed property for the establishment, such as a purchase and sale agreement, deed, owner's authorization, or lease;

Proposed security measures for the marijuana establishment, including lighting, fencing, gates and alarms, etc., to ensure the safety of persons and to protect the premises from theft. A letter from the City of Chicopee Police Chief, or designee, acknowledging review and approval of the marijuana establishment security plan is required.

A certified list of all parties in interest entitled to notice of the hearing for the Special Permit application, taken from the most recent tax list of the City of Chicopee and certified by the office of the Assessor; and

A site plan, fulfilling requirements as outlined in the City of Chicopee Zoning Ordinances, Article II, Administration and Enforcement, § 275-6, Site plan review.

All site plans shall be referred to the Site Plan Review Advisory Committee (SPRAC) for review by the special permit granting authority.

The establishment is designed to minimize any adverse impacts on abutters and other parties in interest, as defined in Subsection A, Purposes, of this section;

The applicant demonstrates to the satisfaction of special permit granting authority that it will meet all the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and will comply with all applicable state laws and regulations. The awarding of the special permit shall be contingent upon approval of licensure by the Cannabis Control Commission; and

The applicant has satisfied all of the conditions and requirements set forth herein.

The response to the request for proposals process shall be an application package which shall include, but not be limited to, the following required materials:

An approved application package submitted in response to the request for proposals shall result in the endorsement of the applicant for the submission of a special permit application to the special permit granting authority.

Prior to surrendering its Commonwealth of Massachusetts-issued licenses and/or permits; and

Within six months of ceasing operations.