Marijuana Establishments shall not be located within 350 feet of any existing public, parochial, or private school. This setback shall include the grounds on which said public, parochial, or private school.

Dimensional Requirements. Any building or structure containing a Marijuana Establishment shall meet the setback requirements and other dimensional controls of the appropriate district as specified in these bylaws. For any property proposed to contain a Marijuana Establishment, the applicant for a Special Permit for such use shall demonstrate that the entire property shall comply with these requirements and controls following the establishment of such use thereon.

Parking and Loading Requirements. On-site parking and loading shall be provided in accordance with the requirements of § 230-6.1 of this Bylaw. For any property proposed to contain a Marijuana Establishment Business, the applicant for a special permit for such use shall demonstrate that the entire property shall comply with these requirements and controls following the establishment of such use thereon.

Site Screening. Rear and side property lines shall be screened from any neighboring residential, educational, childcare or recreational uses or properties. Screening shall be by a fence that is 3.5 feet tall within 5 feet of the street and 6 feet tall elsewhere on the property and/or a 6-foot-wide vegetated planting of hardy evergreens and deciduous trees and shrubs no less than five (5) feet in height.

Marijuana Establishments may request a waiver from the site screening standard of rear and side property lines shall be screened from any neighboring residential, educational, childcare or recreational uses or properties. Screening shall be by a fence that is 3.5 feet tall within 5 feet of the street and 6 feet tall elsewhere on the property and/or a 6-foot-wide vegetated planting of hardy evergreens and deciduous trees and shrubs no less than five (5) feet in height as required by Section 7.2.4.3. Such waiver may be granted in the Planning Board's sole discretion.

Lighting and Security. Energy efficient site lighting shall be maintained at a minimum lumen as determined by the Erving Police Department to ensure adequate visibility on the property to ensure public safety. Light standards may not exceed 20 feet in height and shall be reasonably shielded from abutting properties and shall incorporate full cut off fixtures to reduce light pollution. Additional security features recommended by the Erving Police Department shall be installed and maintained.

Noise and Odors. No noise or marijuana or other odors detectable at the property line of the Marijuana Establishment shall be allowed.

Hazardous Materials. Submission of a complete list of chemicals, pesticides, fertilizers, fuels, and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use. The Planning Board will require that a Hazardous Materials Management Plan be prepared to protect against the discharge of hazardous materials or wastes to the environment due to spillage, accidental damage, corrosion, leakage, or vandalism. The plan should include spill containment and clean-up procedures, and provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces and must be approved by the Fire Chief.

Signs. All signs for a Marijuana Establishment must meet the requirements of § 230-6.2 of this Bylaw and the State Regulations (935 CMR 500.000) including the requirement that, no advertising signs shall be located within twenty (20) feet of a public or private way and must be set back a minimum of twenty (20) feet from all property lines.

Buildings. Appearance of buildings for Marijuana Establishments shall not employ unusual color or building design which would attract attention to the premises. Reuse of existing vacant or underutilized mill buildings in the Central Village zoning district for marijuana cultivation, product manufacturing or testing may be possible by special permit.

Marketing. Marijuana Establishments shall not be allowed to disseminate or offer to disseminate marijuana marketing materials to minors or suffer minors to view displays or linger on the premises. No free samples may be provided by Marijuana Establishments to consumers.

Cultivation: If marijuana products are to be grown outdoors plans will need to be approved by the planning board to ensure they minimize public nuisances including odors, noise, and lighting to neighboring properties.

Name and Address of the legal owner and Licensee of the Marijuana Establishment;

Name and Address of all persons having lawful, equity or security interests in the Marijuana Establishment;

Name and Address of the Manager of the Licensed Marijuana Establishment;

The number of proposed employees; and

Proposed security precautions.

Compliance With Laws, Bylaws and Regulations. The construction and operation of all large-scale solar photovoltaic installations shall meet 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, and further comply with all other provisions of the Erving Zoning bylaws.

Building Permit and Building Inspection. No large-scale solar photovoltaic installation shall be constructed, installed or modified as provided in this Section without first obtaining a building permit.

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.

Property lines and physical features, including roads and buildings, for the project site.

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures, and a landscape plan (in plan view) identifying plant material to be used to screen all appurtenant structures and identifying plant material or fencing to be used to satisfy the requirement for a buffer between installation and property edge.

Blueprints of the solar photovoltaic installation 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.

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.

Documentation of the major system components to be used, including the PV panels, mounting system, and inverter.

Name, address, and contact information for proposed system installer.

Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any.

Name, contact information and signature of any agents representing the project proponent, if any.

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.

An operation and maintenance plan which shall include measures for maintaining safe access to the installation, storm water controls, and general procedures for operational maintenance of the installation.

Proof of liability insurance.

Payment of financial surety that satisfies this Section.

Utility Notification. No large-scale ground-mounted solar photovoltaic installation shall be constructed until evidence has been given to the SPRA 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 or operator's intent to install an interconnected customer-owned generator. Off grid systems shall be exempt from this requirement.

Dimensional and Density Requirements. All large-scale ground-mounted solar photovoltaic arrays shall have 75 foot set-backs to adjacent non-owned parcels, as well as compliance with the yard, space, coverage percentage, and height requirements of the zoning district(s) in which the installation is located.

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. Lighting of the solar photovoltaic installation shall be directed downward and inward and shall incorporate full cut off fixtures to reduce light pollution.

Signage. Signs shall comply with § 230-6.2 of this Bylaw. A sign compliant with § 230-6.2 shall be required to identify the owner and provide a 24-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.

Utility Connections. Reasonable efforts, as determined by the SPRA, 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 above ground if required by the utility provider.

Appurtenant Structures. All appurtenant structures to large-scale ground-mounted solar photovoltaic arrays shall conform to the setback requirements of the zoning district in which the installation is located. 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 shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts. All appurtenant structures shall have a Landscape Plan.

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 local 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 provide the name, phone number, and email of the person responsible for public inquiries throughout the life of the installation.

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 ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and bylaws.

Landscaped Buffer Strip. A landscaped buffer strip is intended to provide in a reasonable time a visual barrier between the large-scale ground-mounted solar photovoltaic installation and adjacent parcels. Except for vehicular and pedestrian passways, the areas shall be used only for an interplanting of deciduous and evergreen trees and shrubs, with lawn or other suitable and appropriate ground cover. The buffer must provide coverage of three feet in height from the proposed grade to the top of the majority of the planting material at time of installation. Reasonable leeway may be provided by the SPRA to allow for expected growth of the buffer strip over time. The buffer strip shall occupy at least 20% of the depth between the property line and the mandated setback of the zoning district where the installation is located. Where considered appropriate in the judgment of the site plan review authority, walls and fences may be used in addition to in lieu of plantings. A planting plan showing the types, sizes and locations of material to be used shall be subject to the approval of the SPRA. The SPRA may waive the requirements of the visual barrier where it deems it advisable.

Installation Conditions. The large-scale ground-mounted solar photovoltaic installation owner or operator shall maintain the facility in good conditions. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access/road(s) unless accepted as a public way.

Modification Conditions. Any material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval by the SPRA.

The SPRA may waive strict compliance with any requirement of the Article 230-6.0 of this Bylaw, or the rules and regulations promulgated hereunder, where:

Any applicant may submit a written request to be granted such a waiver. Such a request shall be accompanied by an explanation or documentation supporting the waiver request and demonstrating that strict application of the bylaws does not further the purposes or objectives of this Bylaw.

All waiver requests shall be discussed and voted on by the SPRA.

If in the SPRA deems additional time or information is required in the review of a waiver request, the SPRA may continue the request for a waiver until such time as the SPRA deems it is ready to vote on said request.

Removal Requirements. Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned 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 SPRA by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the SPRA. If the owner or operator of the large-scale ground-mounted solar photovoltaic 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, and/or take any other available legal or equitable action against the owner/applicant.

Financial Surety. Owner/applicant(s) of large-scale ground-mounted solar photovoltaic projects shall provide a form of surety through escrow account cash or surety 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 SPRA, 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. 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.

Communication needs served by the facility;

Traffic flow and safety, including parking, loading, and distance to occupied structures;

Impacts on neighborhood character, including aesthetics;

Impacts on the natural environment;

Impacts to historical and scenic areas;

Potential fiscal impact, including impact on Town services, tax base, and employment; and

New towers or poles shall be considered only upon a finding that existing structures of facilities cannot accommodate the applicant.

To the extent possible, Wireless Communication Facilities shall be placed on existing structures, including water tanks, towers, and electrical transmission towers;

To the extent possible, Wireless Communication Facilities shall be co-located to minimize the impact to the community and environment;

Applicants should include a plan to accommodate foreseeable future users where technically practicable without increased impact to the community and environment;

To the extent possible, the design of the Wireless Communication Facility shall minimize the visual impact on the community and environment. Color schemes shall be utilized which blend in with the landscape, including the skyline. Landscaping shall be required to screen as much of the support structure as possible;

Fencing shall be required to control access to the Wireless Communication Facility, and shall be compatible with the scenic area;

Wireless Communication Facilities shall be maintained in good order and repair and appearance;

Wireless Communication Facilities which have not been used for their intended purpose for one year shall be dismantled and removed at the owner's expense;

Any new tower or monopole shall not be erected nearer to the property line than a distance equal to the vertical height of the structure, nor shall it be allowed within 500 feet of any residential structure, or 1000 feet from any school for safety reasons;

No new towers or monopoles may be erected in any scenic or historical area as identified by the Town's Open Space Plan or Master Plan;

Any and all signage shall comply with this Bylaw, and no advertising devices shall be allowed on any Wireless Communication Facility;

Lighting shall be limited to that needed for safety, emergencies, security, and/or as required by the Federal Aviation Administration;

There shall be a minimum of 1 parking space for each facility, to be used in connection with the maintenance of the site, and not to be used for the permanent storage of any vehicles or equipment;

Applicant shall submit a written report inventorying existing Wireless Communication Facilities in Erving and adjacent towns and documenting why existing facilities cannot accommodate the applicant's requirements. No new facilities shall be permitted until the applicant proves, to the reasonable satisfaction of the Planning Board, that no existing facility can accommodate the applicant's requirements. New facilities will only be considered after a finding that existing facilities, or previously approved facilities cannot accommodate the proposed uses;

Applications for special permits may be approved with conditions upon fulfillment of the requirements contained in this Bylaw. Applicants for special permits shall be denied if the applicant cannot fulfill the requirements of this Bylaw. The SPGA may require a financial performance guarantee to ensure any of these conditions; and

Any replacement, modification, or additional user/carrier to an existing wireless communication facility shall require a separate special permit, subject to all of the requirements of this Bylaw.

A locus plan at a scale of 1"=200' which shall show all property lines, the exact location of the proposed structure(s), street, topography, landscape features, all structures within 1000 feet, setback lines, and easements;

A detailed site plan and elevations at a scale of 1"=10' or larger;

A color photograph or rendition of the facility with its antennas and/or panels. For satellite dishes or antennas, a color photograph or rendition illustrating the dish or antenna at the proposed site, also, a prepared rendition illustrating a view of the facility from the nearest street or streets;

A description of the facility including technical specifications, height, and design, a statement of capacity of the facility including the number and type panels, antennas, and transmitter and/or receivers that it can accommodate and the basis for those calculations;

A certification that the proposed facility complies with, or is exempt from, all applicable federal and state requirements, including regulations administered by the Federal Aviation Administration, Federal Communication Commission, and the Massachusetts Aeronautics Commission, and the Massachusetts Department of Public Health;

An estimated cost of demolition, removal, and to extent feasible, restoration of the site to its original condition, by an appropriately licensed contractor(s) independent from the owner or installer. Any estimate submitted must be valid for at least one year; and

In the event the SPGA, determines that circumstances necessitate expert technical review, that expense shall be paid by the applicant.

In no event shall any tower be located closer than 150% of the vertical height of the tallest tower from any other tower.

Tower height shall not exceed 65 feet above the tree canopy. No Wireless Communication Facility shall exceed 90 feet on bare terrain in height as measured from the mean grade, out 25 feet, 4 points, 90 degrees apart, from the center point of the tower to the highest point. In an effort to encourage co-location of antennas or panels on any one facility, the height of the facility may be increased by 10 feet for each co-locator up to a maximum total of 120 feet. The tower must be structurally capable of providing space for six major co-locators on the tower. That tower plan must be stamped capable of the six co-locators by a Licensed Professional Engineer.

Traffic associated with the facility shall not adversely affect abutting ways.

Facilities shall be suitably screened from abutters and residential neighborhoods.

An annual statement shall be provided to the Select Board and Board of Assessors with the following information:

Any restriction previously posed in any section of this Bylaw.

Amateur radio towers used in accordance with the terms of any amateur radio service license issued by the Federal Communication Commission shall be exempt provided that the tower is not used or licensed for any commercial purposes and that the antennae structure shall be no higher than is required to effectively accommodate amateur radio communication needs.

Satellite dishes and antennas for residential use only.

Commercial entities using satellite dishes or antennas for which reception signals are a free service to their customers.