Freetown City Zoning Code
ARTICLE X
Large-Scale Ground-Mounted Solar Photovoltaic Installations
§ 300-10.1 Purpose.
A.
The purpose of this article is to promote the creation of new large-scale ground-mounted solar 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 apply to the construction, operation, and/or repair of large-scale ground-mounted solar photovoltaic installations.
§ 300-10.2 Applicability.
This article applies to large-scale ground-mounted solar 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.
§ 300-10.3 Definitions.
"As-of-right siting" shall mean that development may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. As-of-right development shall be subject to site plan review to determine conformance with local zoning ordinances or bylaws. Projects cannot be prohibited, but can be reasonably regulated by the Building Inspector or, if there is none in a town, the Board of Selectmen, or person or board designated by local ordinance or bylaw.
The Inspector of Buildings, Building Commissioner, or local inspector, or person or board designated by local ordinance or bylaw charged with the enforcement of the zoning ordinance.[1]
A construction permit issued by an authorized building inspector; the building permit evidences that the project is consistent with the state and federal building codes as well as local zoning bylaws, including those governing ground-mounted large-scale solar photovoltaic installations.
A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum nameplate capacity of 250 kW DC.
A solar photovoltaic installation that is constructed at a location where other uses of the underlying property occur.
The maximum rated output of electric power production of the photovoltaic system in direct current (DC).
Review by the site plan review authority to determine conformance with local zoning ordinances or bylaws.
For purposes of this article, "site plan review authority" refers to the Town of Freetown Planning Board.
The person or board charged with enforcing the zoning ordinances or bylaws.
[1]
Editor's Note: So in original; should be "Zoning Bylaw."
§ 300-10.4 General requirements for all large-scale solar power generation installations.
The following requirements are common to all solar photovoltaic installations to be sited in designated locations:
A.
Compliance with laws, ordinances and regulations. The construction and operation of all large-scale solar 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 solar photovoltaic installation shall be constructed in accordance with the State Building Code.
B.
Building permit and building inspection. No large-scale solar photovoltaic installation shall be constructed, installed or modified as provided in this article without first obtaining a building permit.
C.
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.
§ 300-10.5 Site plan review.
Ground-mounted large-scale solar photovoltaic installations with 250 kW or larger of rated nameplate capacity shall undergo site plan review by the site plan review authority prior to construction, installation or modification as provided in this section.
A.
General. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts.
B.
Required documents. Pursuant to the site plan review process, the project proponent shall provide the following documents:
(1)
A site plan showing:
(a)
Property lines, access roads, site features and existing and proposed topography at two-foot contour intervals for the project site;
(b)
A site plan at a scale not greater than one inch equals 40 feet;
(c)
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;
(d)
Blueprints or drawings 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;
(e)
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;
(f)
Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;
(g)
Name, address, and contact information for proposed system installer;
(h)
Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any;
(i)
The name, contact information and signature of any agents representing the project proponent; and
(2)
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);
(3)
Proof of liability insurance; and
(4)
Description of financial surety that satisfies § 300-10.13C.
C.
The site plan review authority may waive documentary requirements as it deems appropriate.
§ 300-10.6 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 solar photovoltaic installation.
§ 300-10.7 Operation and maintenance plan.
The project proponent shall submit a plan for the operation and maintenance of the large-scale ground-mounted solar 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.
§ 300-10.8 Utility notification.
No large-scale ground-mounted solar photovoltaic installation shall be constructed until evidence has been given to the site plan review authority 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's or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
§ 300-10.9 Dimension and density requirements.
A.
Setbacks. For large-scale ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be as follows:
(1)
Front yard. The front yard depth shall be at least 50 feet.
(2)
Side yard. Each side yard shall have a depth at least 20 feet; provided, however, that where the lot abuts a conservation-recreation or residential district, the side yard shall not be less than 50 feet.
(3)
Rear yard. The rear yard depth shall be at least 25 feet; provided, however, that where the lot abuts a conservation-recreation or residential district, the rear yard setback shall not be less than 50 feet.
B.
Appurtenant structures. All appurtenant structures to large-scale ground-mounted solar photovoltaic installations shall be subject to reasonable regulations 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 shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts.
§ 300-10.10 Design standards.
A.
Lighting.
(1)
Lighting of solar photovoltaic installations shall be consistent with local, state and federal law.
(2)
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.
(3)
Where feasible, lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.
B.
Signage. Signs on large-scale ground-mounted solar photovoltaic installations shall comply with a municipality's sign bylaw. A sign consistent with a municipality's sign bylaw shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number.
C.
Utility connections. Reasonable efforts, as determined by the site plan review authority, 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.
§ 300-10.11 Safety and environmental standards.
A.
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 identify a responsible person for public inquires throughout the life of the installation.
B.
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.
§ 300-10.12 Monitoring and maintenance.
A.
Solar photovoltaic installation conditions. The large-scale ground-mounted solar photovoltaic installation owner or operator shall maintain the facility in good condition. Maintenance should 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 and Emergency Medical Services. 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.
B.
Modifications. All material modifications to a solar photovoltaic installation made after the issuance of the required building permit shall require approval by the site plan review authority.
§ 300-10.13 Abandonment or decommissioning.
A.
Removal requirements. Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned consistent with § 300-10.13B of this article 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 site plan review authority by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
(1)
Physical removal of all large-scale ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site.
(2)
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
(3)
Stabilization or revegetation of the site as necessary to minimize erosion. The site plan review authority may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
B.
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 site plan review authority. 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 article within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation.
C.
Financial surety. Proponents of large-scale ground-mounted solar photovoltaic projects 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 site plan review authority, 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.