East Longmeadow City Zoning Code
ARTICLE X
Photovoltaic Installations
§ 450-10.1 Purpose.
A.
The purpose of this bylaw is to promote the creation of new photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources and to provide adequate financial assurance for the eventual decommissioning of such installations.
B.
The provisions set forth in this article shall specifically apply to the location, removal and modifications of all photovoltaic installations. If conflicts may appear in other sections of the zoning bylaws for the Town of East Longmeadow, the criteria set forth in this Article X take precedence.
§ 450-10.2 Applicability.
This article applies to all photovoltaic installations proposed to be constructed after the effective date of this article. This article also pertains to physical modifications that materially alter the type, configuration or size of these installations or related equipment. Projects cannot be prohibited, but can be reasonably regulated by the Planning Board for the purpose of zoning conformity and the health and safety of the public.
§ 450-10.3 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A photovoltaic installation that is structurally mounted on the ground and is not mounted on a roof or other previously existing structure.
A ground-mounted photovoltaic installation that occupies 32,000 square feet or more of surface area of solar panels. Surface area is the total area covered by the footprint of the photovoltaic installation.
A ground-mounted photovoltaic installation that occupies more than 2,100 square feet but less than 32,000 square feet of surface area of solar panels. Surface area is the total area covered by the footprint of the photovoltaic installation.
A photovoltaic installation that is mounted to a parking canopy structure which is more than 972 square feet in footprint and covering at least six parking spaces.
A method of generating electrical power by converting solar radiation into direct current electricity using semiconductors that exhibit the photovoltaic effect. Photovoltaic power generation employs solar panels composed of solar cells containing a photovoltaic material. Materials presently used for photovoltaics include monocrystalline silicon, polycrystalline silicon, amorphous silicon, cadmium telluride and copper indium gallium selenite/sulfide.
See "ground-mounted photovoltaic installations."
A solar energy system that converts solar energy directly into electricity through an arrangement of photovoltaic panels.
The maximum rated output of electrical power production of the commercial photovoltaic installation in direct current (DC).
A photovoltaic system that is structurally mounted to the roof (solid roof and not an awning material) of a building which includes residential dwellings, commercial buildings, garages, or any other accessory building or structure. Roof-mounted photovoltaic installations do not include photovoltaic installations mounted to parking canopies (or similar structures).
A ground-mounted photovoltaic installation that occupies 2,100 square feet or less of surface area of solar panels. Surface area is the total area covered by the footprint of the photovoltaic installation.
Radiant energy received from the sun that can be collected in the form of heat or light by a solar energy system.
The Building Commissioner, or an appointed designee, is charged with enforcing all zoning bylaws of East Longmeadow.
§ 450-10.4 Roof-mounted photovoltaic installations.
A.
Roof-mounted photovoltaic installations are exempt from the site plan review requirement. Such installations shall be designed in a manner which minimizes reflection and/or glare to the street or public right-of-way.
B.
No roof-mounted photovoltaic installation shall be constructed, installed or modified without first obtaining a building permit from the Building Commissioner.
§ 450-10.5 General requirements for small-scale ground-mounted photovoltaic installations.
Small-scale ground-mounted photovoltaic installations are exempt from the site plan review requirement but shall adhere to the following design and operation standards:
A.
The construction and operation of all small-scale ground-mounted 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.
B.
No small-scale ground-mounted photovoltaic installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit from the Building Commissioner.
C.
At a minimum, vegetative buffers must be added to screen the length of the photovoltaic installation and 50% of the total height. The photovoltaic installation, including all accessories and appurtenant structures, shall be designed to minimize visual impacts, including preserving natural vegetation to the maximum extent possible, blending in equipment with the surroundings and adding vegetative buffers to provide an effective visual barrier from adjacent roads and abutting residential properties, regardless of development status. The siting shall be such that the view of the photovoltaic installations from locations off site shall be minimal. All small-scale ground-mounted photovoltaic installations shall be fenced.
D.
If installed on the same parcel as an existing residential dwelling, all small-scale ground-mounted photovoltaic installations shall be considered an accessory use and structure to the principal use and must adhere to the setbacks specified in Chapter 450 Attachment 2, Table 3-2 of the Code,[1] for the Town of East Longmeadow.
[1]
Editor's Note: Table 3-2 is included as an attachment to this chapter.
§ 450-10.6 General requirements for medium- and large-scale ground-mounted and parking canopy photovoltaic installations.
The following requirements relate to medium- and large-scale ground-mounted and parking canopy photovoltaic installations.
A.
Compliance with laws, bylaws and regulations. The construction and operation of medium- or large-scale ground-mounted, and parking canopy 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 photovoltaic installation shall be constructed in accordance with the specific criteria set forth herein.
B.
Building permits and inspections. A building permit is required, after approval of the Planning Board, for all medium- or large-scale ground-mounted and parking canopy photovoltaic installations to be constructed, installed or modified as provided in this article.
C.
Fees. The application for a site plan review for a medium- or large-scale ground-mounted, and parking canopy photovoltaic installation must be accompanied by the fee required for said site plan review.
D.
Site plan review and approval. Medium- and large-scale ground-mounted and parking canopy photovoltaic installations shall be subject to site plan review and approval of the Planning Board as specified in Article IX of the Zoning Bylaws for the Town of East Longmeadow, and in accordance with additional requirements specified herein prior to construction, installation or modification.
E.
Plans and maps.
(1)
The applicant is required to provide plans in accordance with § 450-9.4. All plans and maps shall be prepared, stamped and signed by a registered professional engineer licensed to practice in the Commonwealth of Massachusetts.
(2)
Required documents. In addition to the requirements above, the applicant shall also provide the following documents:
(a)
Additional information on the site plans designed in accordance with § 450-9.4:
[1]
Location of the ground-mounted photovoltaic installation, type of mounting devices, access roads, lighting, ground equipment, fencing, electrical infrastructure and associated equipment.
[2]
Plans for accessory buildings or other structures, and location and details of all planned security measures.
[3]
All existing overhead utility lines, if applicable.
[4]
Blueprints or drawings of the photovoltaic installation signed by a registered professional engineer licensed to practice in the Commonwealth of Massachusetts, showing the proposed layout of the system and any potential shading from nearby structures.
[5]
One- or three-line electrical diagrams detailing the photovoltaic installation, associated components and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices.
[6]
Documentation of the major system components to be used, including the PV panels, mounting system and inverter.
[7]
Name, address and contact information for proposed system installer.
[8]
Name, address, phone number and signature of the project proponent, as well as all co-proponents and property owners, if any.
[9]
Name, contact information and signature of any agents representing the project proponent.
[10]
Trees with a DBH of 20 inches or greater within project parcel(s) shall be identified to determine tree loss, along with inventorying of diseased or hazard trees slated to be removed due to proposed development.
(b)
Documentation establishing legal access and control of the project site. The project proponent shall submit documentation of actual or prospective ownership, access and control of the project site, sufficient to allow for construction and operation of the proposed photovoltaic installation to the Planning Board and the Building Commissioner.
(c)
Operation and maintenance plan. The project proponent shall submit a plan to the Planning Board for the operation and maintenance of the ground-mounted photovoltaic installation, which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation.
(d)
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).
(f)
Proof of liability insurance in the amount of $5,000,000 or greater coverage.
(g)
Pre-construction photos from the right-of-way and nearest abutters. These photos shall include tree coverage.
(h)
Visualization of post-construction photovoltaic installation development, including perspectives from right(s)-of-way, nearest abutting properties or residential structures, and tree coverage.
(3)
The Planning Board may hire, at the expense of the applicant, consultants to review the plans submitted if it determines independent expert review is appropriate for the interest of the neighborhood and/or the community. In such event, the Planning Board shall select an expert to perform the review. The applicant shall pay the estimated cost of said expert to the Town Collector/Treasurer prior to any review being undertaken. No site plan shall be approved until the total cost of said review has been paid by the applicant.
(4)
The Planning Board may waive the submittal of various required documents for cause established in the site plan review record and its written finding that the documents are not necessary for the Planning Board to perform the review set forth herein.
F.
Utility notification. No grid-intertie photovoltaic installation shall be constructed until written 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 photovoltaic installation owner's or operator's intent to install an interconnection of distributed generation. Off-grid systems are exempt from this requirement.
G.
Area, dimensional and density requirements.
(1)
Setbacks. Medium- and large-scale ground-mounted and parking canopy photovoltaic installation front, side and rear setbacks shall be as follows:
(a)
Front yard. The front yard shall have a depth that is consistent with the existing requirements of the district where it is located.
(b)
Side yard. Each side yard shall have a depth that is consistent with the existing requirements of the district where it is located, unless said site is within or abuts a residential district or a residence. Where such a lot is within, or abuts, a residential district or a residence, the side yard shall not be less than 50 feet. (See also § 450-10.6H, Buffer strips.)
(2)
Height.
(a)
The height must be measured by the elevation of the landscape; and no mounds will be allowed to change that elevation other than those allowed for the planting of trees in the buffer strip.
(b)
For all ground-mounted and parking canopy photovoltaic installations, the height will be limited to 20 feet.
H.
Buffer strips.
(1)
For medium- and large-scale ground-mounted and parking canopy photovoltaic installations within or abutting a residential district or a residence, the fifty-foot setback for either side or rear yards shall consist of 25 feet of a landscaped buffer. Said buffer is to consist of plantings a minimum of six feet in height at planting and staggered to fill that twenty-five-foot buffer area and keep the arrays from view year-round.
(2)
Every abutting property shall be visually screened from the project area through any one or combination of the following: location, distance, plantings, existing vegetation and fencing (not to exceed six feet in height).
I.
Appurtenant structures. All appurtenant structures to medium- and large-scale ground-mounted and parking canopy photovoltaic installations shall be subject to the accessory regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements for the district in which it is to be located. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers and substations, shall be architecturally compatible with each other. Structures should be hidden from view by vegetation and/or joined or clustered to avoid adverse visual impacts and meet the zoning setback requirements of the specific district in which said structure is to be located.
J.
Design and performance standards.
(1)
Lighting. Lighting of photovoltaic installations shall comply with applicable laws. 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 shielded from abutting properties. Lighting of the photovoltaic installation shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution and shall not shine on abutting property. Any lighting on the site will require the submission of a lighting plan and written approval from the Planning Board with recommendations from the Fire and Police Departments.
(2)
Signage.
(a)
Signs on all ground-mounted photovoltaic installations shall identify the owner and provide a twenty-four-hour emergency contact phone number. Said signage shall not exceed six square feet and shall be visible at all times.
(b)
Photovoltaic installations shall not be used for displaying any advertising except for identification of the operator or person responsible for the photovoltaic installation.
(3)
Utility connections. All utility connections from the photovoltaic installations shall be placed underground. However, depending on appropriate soil conditions, shape and topography of the site and any requirements of the utility provider, the applicant may seek relief from this requirement from the Planning Board. Electrical transformers for utility interconnections may be above ground if required by the utility provider; however, placement on the site must be approved as part of its existing standard procedures.
(4)
Roads. Access roads shall be constructed to minimize grading, removal of stone walls or street trees and minimize impacts to environmental or historic resources.
(5)
Hazardous materials. Hazardous materials stored, used or generated on-site shall not exceed the amount for a very-small-quantity generator of hazardous waste as defined by the DEP pursuant to MassDEP regulations, 310 CMR 30.000, or any amendment or replacement, and shall meet all requirements of the DEP, including storage of hazardous materials in a building with an impervious floor that is not adjacent to any floor drains to prevent discharge to the outdoor environment. If hazardous materials are utilized within the solar electric equipment, then impervious containment areas capable of controlling any release to the environment and to prevent potential contamination of groundwater are required. A full inspection report establishing compliance prepared by the Fire Department will be required before the site plan can be approved.
(6)
Noise. Sound or noise levels may not exceed 50 DBA at the boundary of the property.
(7)
Pollinator-friendly certification. No large-scale photovoltaic installation shall be constructed until proof has been given to the Planning Board that the project proponent has obtained pollinator-friendly certification for the photovoltaic installation through the UMass Clean Energy Extension Pollinator-Certification Program at a minimum of the silver certification level, or other equivalent certification as determined by the Planning Board. This certification must be maintained throughout the life of the installation.
(8)
Daytime visual distraction. All ground-mounted photovoltaic installations must be positioned to minimize glare on any residence or public way and must not create a visual obstruction on a public roadway, such as blocking the sight-line of intersections or creating blind curves. The applicant should submit ratings and technical specifications for the solar panels to ensure minimal reflectivity.
K.
Safety and environmental standards.
(1)
Emergency services. The ground-mounted and/or parking canopy photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic and site plan to the East Longmeadow Fire Chief. Upon request from the East Longmeadow Fire Chief, the owner or operator shall cooperate with local emergency services in developing an emergency response plan and provide a copy to the Fire Department. All means of shutting down the photovoltaic installation shall be clearly marked. The owner or operator shall identify a person responsible for public inquiries throughout the life of the installation.
(2)
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 ground-mounted or parking canopy photovoltaic installation or otherwise prescribed by applicable laws, regulations and bylaws, including any requirements of the Conservation Commission.
(3)
Fencing. A chain-link fence, no more than 1/4 solid, shall be installed around the installation at the setback line with a gate that is locked, at all times, which lock is to be approved by the Fire Department. The Fire and Police Departments shall have twenty-four-hour access to the site. There shall be a gap along the bottom of the fence that complies with UMass Clean Energy Extension Pollinator-Friendly Certification Program standards.
L.
Monitoring and maintenance.
(1)
Photovoltaic installation conditions. The ground-mounted or parking canopy 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 as required by the Zoning Bylaw and applicable laws. The owner or operator shall be responsible for the cost of maintaining the photovoltaic installation, any access road(s) and ground maintenance.
(2)
Modifications. No building permit for modifications to a medium- or large-scale ground-mounted or parking canopy photovoltaic installation shall be issued after the issuance of the initial building permit unless an amended site plan for said modification has been approved by the Planning Board.
(3)
Annual reporting. The owner or operator of the installation shall submit an annual report which certifies compliance with the requirements of this bylaw and the approved site plan, including control of vegetation, noise standards and adequacy of road access. The annual report shall also provide information on the maintenance completed during the year and the amount of electricity generated by the facility. The report shall be submitted to the Planning Board, Fire Chief, Emergency Management Director, Building Commissioner and Conservation Commission (if a wetlands permit was issued) no later than 45 days after the end of the calendar year. Failure to provide such an annual report will result in a fine of $100 per day until the said report is received.
M.
Abandonment or decommissioning.
(1)
Removal requirements. Any ground-mounted or parking canopy photovoltaic installation which has reached the end of its useful life or has been abandoned consistent with Subsection M(2) of this section shall be removed. The owner or operator shall physically remove the installation no more than 90 days after the date of discontinued operations or determination of the Building Commissioner that the installation is not being actively used for meaningful photovoltaic generation. The owner or operator shall notify the Building Commissioner, with a copy to 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 ground-mounted or parking canopy 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 Building Commissioner may allow the owner or operator to leave landscaping or designated below-grade foundations to minimize erosion and disruption to vegetation.
(2)
Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the photovoltaic installation shall be considered abandoned when it fails to operate for more than six months without the written consent of the Planning Board. If the owner or operator of the ground-mounted or parking canopy photovoltaic installation fails to remove the installation in accordance with the requirements of this section within 90 days of abandonment or the proposed date of decommissioning, the Town may seek an order from an appropriate court to enter the property and physically remove the installation, at a cost to the owner or operator of the installation, and use the bond money being held and/or place a municipal charges lien on the property for the costs of removal, site restoration and all other related costs, including attorney fees if not covered by the cash bond being held by the Town.
N.
Financial surety. Prior to any construction, petitioners of large-scale ground-mounted photovoltaic installations shall provide surety in a cash bond, to cover the cost of removal in the event the Town must remove the installation and remediate the landscape, in an amount 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 agreed upon by the project proponent and the Planning Board or its agents. 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, which estimate must be reviewed and approved by the Planning Board or its agent. The amount shall include a mechanism for calculating increased removal costs due to inflation.