Dartmouth City Zoning Code

Compliance with laws/ordinances and regulations. The construction and operation of all Large-Scale Installations shall be consistent with all applicable Town, 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.

Building permit. No Large-Scale Installation shall be constructed, installed or modified, as provided in this article without first obtaining a building permit.

Fees. The application for a building permit for a Large-Scale Installation must be accompanied by the fee required for a building permit.

Building permit review. A Large-Scale Installation shall undergo a review by the Director of Inspectional Services prior to issuance of a building permit, in order to ensure that the project complies with the requirements of this Zoning By-Law. The building permit applicant shall facilitate this review by submitting the documentation that is specified in Subsection E. At the conclusion of construction, the Director of Inspectional Services shall inspect the Large-Scale Installation to ensure that said construction was completed in conformity with both the building permit and that submitted documentation, or any modification thereto that the Director of Inspectional Services required prior to the issuance of a building permit. Any material modification of a Large-Scale Installation after the issuance of a building permit shall require the same review process. The Director of Inspectional Services may seek the review and recommendations of other Town departments or consultants with respect to the Subsection E documentation prior to the issuance of a building permit. All plans and maps that an applicant submits as part of this review process shall be prepared, stamped, and signed by a Professional Engineer licensed to practice in Massachusetts.

Required documents. The project proponent shall provide the following documents to the Director of Inspectional Services as part of the pre-building permit review process:

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 Large-Scale Installation. If a lease or rental agreement is used to satisfy this requirement, said lease or rental agreement shall be for a period of not less than 10 years, and shall include a clause that expressly permits the use of the property for the construction, maintenance and use of a Large-Scale Installation.

Operation and maintenance plan. The project proponent shall submit a plan for the operation and maintenance of the Large-Scale Installation, which shall include measures for maintaining safe access to the installation, storm water controls, as well as, general procedures for operational maintenance of the installation.

Utility notification. Prior to the issuance of a building permit for the construction of a Large-Scale Installation, the building permit applicant shall provide the Director of Inspectional Services with documentation that the utility company that operates the electrical grid where the Large-Scale Installation is to be located has been informed of the intent of the applicant to install an interconnected customer owned generator. Off-grid systems shall be exempt from this requirement.

Emergency services. Prior to the issuance of a building permit for the construction of a Large-Scale Installation, the building permit applicant shall provide a copy of the project summary, electrical schematic, and site plan to the appropriate Dartmouth District Fire Chief, said documentation to include in a clearly marked manner all means of shutting down the Large-Scale Installation, and shall cooperate with said Fire Chief in developing an emergency response plan with respect to the Large-Scale Installation, and the property upon which it is to be located. No building permit shall issue before the appropriate Fire Chief has approved the site plan and Emergency Response Plan. Additionally, prior to the issuance of a building permit, the building permit applicant shall provide to the appropriate Fire Chief and to the Director of Inspectional Services, in writing, the identity of a responsible person for public inquiries regarding the Large-Scale Installation. The identity of this contact person may be updated at any time.

Setbacks. For Large-Scale Installations, Setbacks from streetlines and all other property lines shall be at least 75 feet.

Height. The height limits of the underlying zoning district shall apply.

Lot coverage. The lot coverage requirements of the underlying zoning district and any applicable overlay districts shall apply except that lot coverage shall be based on permeability and not use. Only non-permeable surfaces on the ground will be considered lot coverage.

Buffers. A natural buffer shall be provided around the entire facility, including the Large-Scale Installation and any accessory structures, for the purpose of screening from view the same by a person standing at ground level, from adjacent streets and properties. Such buffering can be existing vegetation or landforms, or new plantings. Said buffer shall be at least 30 feet deep and shall be continuous, save only where access drives must pass through the buffer. Said buffer needs to conform with the setback requirements of Subsection A. As determined by the Director of Inspectional Services, such vegetation shall be of a type that will grow to at least 10 feet within five years of the completion of construction of the Large-Scale Installation. When vegetation is planted, at least 75% of such planted vegetation shall be evergreen species. Landscape plans, as detailed in § 375-44.3E(1)(a) and (b) showing existing and proposed vegetation shall be provided as part of the Site Plan, with specifications as to type and size noted so that it can be clearly understood what will be planted.

Signage. One identification sign, no larger than 16 square feet, is allowed. Subject to any state or federal statutes, rules or regulations providing otherwise, any other warning or directional signs are allowed as approved by the Director of Inspectional Services. Large-Scale Installations shall not be used for displaying any advertising.

Lighting. Lighting of Large-Scale Installations shall be consistent with Town, State and Federal statutes, rules, regulations and by-laws. Lighting of other parts of the facility, such as accessory structures, shall be limited to that required for safety and operational purposes, and shall not shine light onto abutting properties. Lighting of the Large-Scale Installation shall be Dark Sky compliant.

Utility connections. All utility connections from the Large-Scale Installation shall be underground. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

Accessory structures. All accessory structures to Large-Scale Installations shall meet the setback, lot coverage and other requirements of the relevant zoning district and overlay districts.

Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the Large-Scale Installation or otherwise prescribed by applicable laws, regulations, and bylaws. Top soil will not be removed from the site.

Containment pits. Containment pits are required for any areas/structures that use 50 gallons or more of oil. The containment system will be designed and operated to contain 110% of the oil used.

Solar photovoltaic installation conditions. The Large-Scale 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. To the extent possible, only cleaning products that bear the Environmental Protection Agency-approved "Design for the Environment (DfE)" label shall be used in, at or upon the facility. Site access shall be maintained to a level acceptable to the appropriate Town District Fire Chief as provided in the Emergency Response Plan. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation.

Modifications. All material modifications to a Large-Scale Installation made after issuance of the required building permit shall require approval by the Director of Inspectional Services.

Removal requirements. Any Large-Scale Installation which has reached the end of its useful life, or has been abandoned consistent with § 375-44.6B of this bylaw, shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Director of Inspectional Services by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

Abandonment. Absent written notice to the Director of Inspectional Services of a proposed date of decommissioning or written notice of extenuating circumstances, the Large-Scale Installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Director of Inspectional Services. If the owner or operator of the Large-Scale Installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation.

Financial surety. Proponents of Large-Scale Installations 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 Director of Inspectional Services, 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 project proponent. Such 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.