Zoneomics Logo
search icon

Groveland City Zoning Code

ARTICLE VII

Special Use Regulations

§ 50-7.1 Accessory apartments.

[Amended 5-24-2021 ATM by Art. 7]
A. 
Purpose and intent. The purpose and intent of the accessory apartment bylaw is to:
(1) 
Provide older homeowners with a means of obtaining rental income, companionship, security, and services, thereby enabling them to stay more comfortably in homes and neighborhoods they might otherwise be forced to leave;
(2) 
Increase the number of smaller, moderately priced dwelling units available for rent in Town;
(3) 
Increase the range of choice of housing accommodations;
(4) 
Provide housing units for persons with disabilities; and
(5) 
Encourage a more economic and energy-efficient use of the Town's housing supply while maintaining the appearance and character of the Town's single-family neighborhoods.
B. 
Applicability. Accessory apartments shall be authorized by the Building Inspector/Zoning Enforcement Officer through the issuance of a certificate of occupancy in all single-family residential dwellings, provided the conditions and requirements of the following sections are met.
C. 
General requirements.
(1) 
A permit may be granted by the Building Inspector/Zoning Enforcement Officer to accommodate an accessory apartment by the installation of a common wall or the partitioning of or extension of existing habitable area. There shall be no more than one accessory apartment for a total of two dwelling units within a single-family dwelling per lot.
(2) 
Use limitation. The principal dwelling unit or accessory apartment must be occupied by the owner. For the purposes of this section "owner" shall mean one or more of those individuals who hold record title to the lot on which the principal dwelling unit and the accessory apartment are located.
(3) 
Floor area limitations. The habitable area of the principal dwelling unit shall not be less than 1,600 square feet. The habitable area of the accessory apartment shall be limited to a maximum of 900 square feet. The Groveland Zoning Board of Appeals may by special permit allow an increase of up to 10% in the accessory apartment habitable area square footage limitation if the configuration of the structure makes strict compliance with this requirement difficult. The Groveland Zoning Board of Appeals, by special permit, may also allow reasonable deviation from the stated conditions and requirements where necessary to install features that facilitate access and mobility for disabled persons, provided that the Board of Appeals finds that such deviation is not contrary to the public interest and is consistent with purpose and intent of this bylaw.
(4) 
There shall be no borders or lodgers within either the principal dwelling unit or the accessory apartment, or on the same lot with an accessory apartment.
(5) 
The total number of bedrooms of the principal dwelling unit and accessory apartment combined may not exceed the capacity of the permitted and compliant septic system serving the units per Title V requirements. This section shall not apply to properties that are connected to the public sewer system.
(6) 
Utilities such as water, electric and gas as necessary for the accessory apartment shall be extensions of the existing utilities serving the principal single-family dwelling and shall not be separately metered, unless required by the utility provider.
(7) 
Parking shall be provided for as determined by the parking table in § 50-9.1B.
(8) 
To the extent possible, exterior passageways and accessways shall not detract from the single-family appearance of the dwelling. All stairways to additional stories shall be located on the side or rear of the structure.
(9) 
The accessory apartment will be a complete, separate dwelling unit that contains both permanent kitchen and bathroom and has its own means of egress.
(10) 
Floor plans of the proposed accessory apartment and principal dwelling unit and a site plan showing the structure(s) on the lot shall be filed with the application for a permit with the Building Inspector/Zoning Enforcement Officer. Plans shall demonstrate that exterior changes to the structure will not significantly alter the appearance of the single-family dwelling.
D. 
Occupancy requirements.
(1) 
Prior to issuance of a building permit, the owner shall send a notarized letter to the Building Inspector/Zoning Enforcement Officer affirming that the owner will occupy either of the principal dwelling unit or the accessory apartment as the owner's primary residence, except for temporary absences of no more than six months in any calendar year.
(2) 
Prior to issuance of a building permit, the owner shall send a notarized letter to the Building Inspector/Zoning Enforcement Officer stating that to the best of his or her knowledge the accessory apartment will not violate any deed restrictions applicable to the subject lot or principal dwelling unit.
(3) 
When a lot with a structure which has received a permit for an accessory apartment is sold, the new owner, if he or she wishes to continue to exercise the permit, must, within 60 days of the sale, submit a notarized letter to the Building Inspector/Zoning Enforcement Officer affirming that he or she will occupy either of the principal dwelling unit or the accessory apartment on the premises as his or her primary residence, except for temporary absences of no more than six months in any calendar year and acknowledging and agreeing to abide by all conditions to the previously issued occupancy certificate and special permit, if applicable.
(4) 
Any accessory apartment lawfully in existence at the time of the adoption of this bylaw shall be allowed to continue.

§ 50-7.2 Trailers.

A. 
No person shall park, store, occupy or utilize a trailer for living or business purposes except:
(1) 
Such trailer may be parked or stored in a garage or other accessory building, or in the rear half of a lot owned or occupied by the owner of the trailer; providing, however, that the trailer must be located at least 25 feet from the rear and side lot lines and its use for living or business is prohibited.
(2) 
The owner of land may permit occupancy of such land by a nonpaying guest, using a trailer for living purposes, for a period not exceeding four weeks in any calendar year. A permit for this purpose must be obtained from the Board of Selectmen before the land may be so occupied.
(3) 
As a temporary office or dwelling incidental to construction or development of the premises on which the trailer is located. Such use, however, is conditioned upon prior approval of the Board of Health and prior issuance of a permit from the Board of Appeals.
B. 
Such permit shall run for a period of one year and may be extended for a period of one year, but in no case may the trailer be so occupied for longer than a period of two years, during which time the construction of the dwelling is to be completed. The approval of the Board of Health or the permit from the Board of Appeals may be revoked for cause at any time.

§ 50-7.3 Customary home occupations.

A. 
Purpose and intent. It is the specific intent of this section to allow customary home occupations for the purpose of allowing small businesses to operate within a residential dwelling or accessory structure on the same premises as a dwelling, to be carried out by the person or persons who reside there. The purpose of these standards is to strictly limit the size, type, and intensity of a proposed home occupation so that the residential character of the properties is not negatively impacted or altered.
B. 
Permitting. Residents wishing to operate a customary home occupation must obtain a customary home occupation permit from the Building Inspector/Zoning Enforcement Officer. The Building Inspector/Zoning Enforcement Officer shall issue a customary home occupation permit to those applicants that meet all the requirements of this section.
C. 
Standards and requirements.
(1) 
The customary home occupation shall be subordinate to the principal use of the dwelling and shall not appreciably change the residential character of the structure or the lot on which it sits.
(2) 
No person other than the legal resident(s) of the dwelling may be employed to work on the premises.
(3) 
Activities associated with the customary home occupation shall be limited to the interior of the dwelling or accessory structure.
(4) 
No exterior storage of goods, materials, tools or equipment shall be allowed. Storage of junk, scrap, waste or hazardous materials related to the customary home occupation is strictly prohibited.
(5) 
No more than one commercial vehicle owned by the business is allowed to be parked on the premises, excluding vehicles which are the primary vehicles of the legal residents of the property.
(6) 
No offensive noise, smoke, vibration, dust, odors, heat, light, or glare shall be produced by the home occupation.
(7) 
Signs shall comply with Article XI of this bylaw.
(8) 
Customer/Client visits are permitted by appointment only.
(9) 
Deliveries/Pick-ups related to the business shall be limited to one per day except as allowed by Subsection C(8).
(10) 
Off-street parking must be provided for customers/clients if customers/clients are anticipated as part of the business. Resident vehicles shall not be parked on street to accommodate customer/client parking needs or requirements.
(11) 
The owner of a customary home occupation will register the home occupation business with the Town Clerk. Said registration shall not constitute authorization to conduct the business.

§ 50-7.4 Registered marijuana dispensaries.

A. 
Purposes. The purpose of this section is:
(1) 
To provide for the establishment of registered marijuana dispensaries in appropriate places and under strict conditions.
(2) 
To minimize the adverse impacts of registered marijuana dispensaries on adjacent properties, residential neighborhoods, schools and other places where children congregate, local historic districts and other land uses potentially incompatible with said registered marijuana dispensaries.
(3) 
To regulate the siting, design, placement, security, safety, monitoring, modification and removal of registered marijuana dispensaries.
B. 
Applicability.
(1) 
The commercial cultivation, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of marijuana for medical use is prohibited unless permitted as a registered marijuana dispensary under this section.
(2) 
No registered marijuana dispensary shall be established except in compliance with the provisions of this section.
(3) 
Nothing in this bylaw shall be construed to supersede federal and state laws governing the sale and distribution of narcotic drugs.
(4) 
If any provision of this section or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this section, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this section are severable.
C. 
Definitions. Where not expressly defined in the Zoning Bylaws, terms used in this section shall be interpreted as defined in the Humanitarian Medical Use of Marijuana Act, MGL c. 94C, App. § 1-1, et seq., and the Department of Public Health regulations promulgated thereunder, 935 CMR 501.000, and otherwise by their plain language.
D. 
(Reserved)
E. 
General requirements and conditions for all registered marijuana dispensaries.
(1) 
All registered marijuana dispensaries shall be contained within a building and outside cultivation area that are properly secured.
(2) 
A registered marijuana dispensary shall not be located in buildings that contain any medical doctor offices or the offices of any professional practitioner authorized to prescribe the use of medical marijuana.
(3) 
The hours of operation of registered marijuana dispensaries may be regulated by the special permit granting authority, provided that the RMD may only be open to the public between 7:00 a.m. and 9:00 p.m.
(4) 
No burning of any product containing marijuana or marijuana-related products shall be permitted on the premises of a registered marijuana dispensary that would create noxious odors.
(5) 
No registered marijuana dispensary shall be located inside a building containing residential units, or inside a movable or mobile structure.
(6) 
No registered marijuana dispensary shall be located on a lot within 300 feet of a residential zoning district boundary line, a house of worship, a school, playground or a day-care facility. The distance under this section is measured in a straight line from the nearest point of the property line of the protected uses to the nearest point of the property line of the proposed RMD.
(7) 
Signage for the registered marijuana dispensary shall include the following language: "Registration card issued by the Massachusetts Department of Public Health required." The required text shall be a minimum of two inches in height.
(8) 
Registered marijuana dispensaries shall provide the Groveland Police Department, Zoning Enforcement Officer, and special permit granting authority with the names, phone numbers, and e-mail addresses of all management staff and key holders to whom one can provide notice if there are operating problems associated with the establishment.
F. 
Special permit requirements.
(1) 
A registered marijuana dispensary shall only be allowed by special permit from the Groveland Zoning Board of Appeals in accordance with MGL c. 40A, § 9, subject to all applicable laws, regulations, requirements, conditions and limitations.
(2) 
A special permit for a registered marijuana dispensary shall indicate which of the following uses will be conducted on the proposed site:
(a) 
Cultivation of marijuana for medical use (horticulture);
(b) 
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;
(c) 
Retail sale or distribution of marijuana for medical use to qualifying patients.
(3) 
In addition to the application requirements set forth in Subsections E and F of this bylaw, a special permit application for a registered marijuana dispensary shall include the following:
(a) 
Copies of all required state RMD permits/licenses issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the operation of a registered marijuana dispensary;
(b) 
The name and address of each owner of the RMD;
(c) 
Evidence of the applicant's right to use the facility for a registered marijuana dispensary, such as a lease or a deed;
(d) 
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 the individuals;
(e) 
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 Town and certified by the Town Assessor;
(f) 
Proposed security measures for the registered marijuana dispensary, including lighting, fencing, gates and alarms, etc., to ensure the safety of persons and to protect the premises from theft.
(4) 
Mandatory findings. The special permit granting authority shall not issue a special permit for a registered marijuana dispensary unless it finds that:
(a) 
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;
(b) 
The facility demonstrates that it will meet all permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and will be in compliance with all applicable state laws and regulations;
(c) 
The applicant has satisfied all of the conditions and requirements of Subsections E and F herein.
(5) 
Annual reporting.
(a) 
Each registered marijuana dispensary permitted under this bylaw shall, as a condition of its special permit, file an annual report with the special permit granting authority and the Town Clerk no later than January 31 of each year, providing a copy of all current applicable state licenses for the facility and/or its owners and demonstrating continued compliance with the conditions of the special permit. Upon request of the special permit granting authority, a duly authorized representative of the registered marijuana dispensary shall appear before the special permit granting authority to testify as to the contents of such report.
(b) 
In addition, the permit holder shall file a copy of any incident report required under 935 CMR 501.110(9) with the Zoning Enforcement Officer and the SPGA within 24 hours of creation by the RMD. Such reports may be redacted as necessary to comply with any applicable state or federal laws and regulations. The permit holder shall further file a copy of any summary cease and desist order, cease and desist order, quarantine order, summary suspension order, order limiting sales, notice of a hearing, or final action issued by DPH or the Division of Administrative Law Appeals, as applicable, regarding the RMD with the Zoning Enforcement Officer and SPGA within 48 hours of receipt by the RMD.
(6) 
A special permit granted under this section shall have a term limited to the duration of the applicant's ownership or lease of the premises as a registered marijuana dispensary. The special permit shall be particular to the applicant and may be transferred to another entity for the same location only with permission from the special permit granting authority in the form of an amendment to the special permit with all information required in this § 50-7.4.
G. 
Abandonment or discontinuance of use.
(1) 
A special permit for an RMD shall lapse if not exercised within one year of issuance.
(2) 
A registered marijuana dispensary shall be required to remove all material, plants, equipment and other paraphernalia: a) prior to surrendering its state-issued licenses or permits; or b) within six months of ceasing operations; whichever comes first.

§ 50-7.5 (Reserved) [1]

[1]
Editor's Note: Former § 7.5, Temporary Moratorium on Recreational Marijuana Establishments, expired 12-31-2018, and has therefore been removed from the bylaw.

§ 50-7.6 Marijuana establishments prohibited.

[Added 12-3-2018 STM by Art. 7, approved at the May 2019 Election]
Consistent with MGL c. 94G, § 3(a)(2), all types of nonmedical "marijuana establishments," as defined in 935 CMR 500.002, including marijuana cultivators, independent testing laboratories, marijuana product manufacturers, marijuana retailers or any other type of licensed marijuana-related businesses, hereinafter "recreational marijuana establishments," shall be prohibited within the Town of Groveland. This prohibition shall apply in the Town upon approval by the voters at a Town Election.

§ 50-7.7 Battery energy storage systems.

[Added 4-29-2024 ATM by Art. 17]
A. 
Purpose. The purpose of this section is to advance and protect the public health, safety, welfare, and quality of life by creating regulations for the installation and use of battery energy storage systems, with the following objectives:
(1) 
To provide a regulatory scheme for the location, construction and operation of battery energy storage systems consistent with best practices and safety protocols;
(2) 
To ensure compatible land uses in the vicinity of the areas affected by battery energy storage systems and to mitigate any potential impacts on abutting and nearby properties; and
(3) 
To mitigate the impacts of battery energy storage systems on environmental resources such as agricultural lands, forests, wildlife, wetlands, aquifer, and other natural resources.
This section shall be construed to be consistent with state law, including but not limited to the provisions of MGL c. 40A, § 3, and state regulations, including but not limited to the provisions of the State Building Code, State Fire Code, and State Electrical Code. In the event of any conflict between the provisions of this section and the provisions of state law or regulations, the state law and regulations shall prevail.
B. 
Definitions. As used in this bylaw, the following terms shall have the meanings indicated. Terms that are not defined herein or elsewhere in this Zoning Bylaw shall be as defined in NFPA 855, if applicable.
ANSI
American National Standards Institute.
BATTERY ENERGY STORAGE MANAGEMENT SYSTEM (BESS)
An electronic system that protects energy storage systems from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected.
BATTERY or BATTERIES
A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this bylaw, batteries utilized in consumer products are excluded from these requirements.
CELL
The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.
COMMISSIONING
A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements.
DEDICATED-USE BUILDING
A building that is built for the primary intention of housing battery energy storage system equipment, and complies with the following:
(1) 
The building's only use is battery energy storage, energy generation, and other electrical grid-related operations.
(2) 
No other occupancy types are permitted in the building.
(3) 
Occupants in the rooms and areas containing battery energy storage systems are limited to personnel that operate, maintain, service, test, and repair the battery energy storage system and other energy systems.
(4) 
Administrative and support personnel are permitted in areas within the buildings that do not contain a battery energy storage system, provided the following:
(a) 
The areas do not occupy more than 10% of the building area of the story in which they are located.
(b) 
A means of egress is provided from the administrative and support use areas to the public way that does not require occupants to traverse through areas containing battery energy storage systems or other energy system equipment.
NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL)
A U.S. Department of Labor designation recognizing a private sector organization to perform certification for certain products to ensure that they meet the requirements of both the construction and general industry OSHA electrical standards.
NFPA
National Fire Protection Association.
NON-DEDICATED-USE BUILDING
All buildings that contain a battery energy storage system and do not comply with the dedicated-use building requirements.
NON-PARTICIPATING PROPERTY
Any property that is not a participating property.
NON-PARTICIPATING RESIDENCE
Any residence located on non-participating property.
PARTICIPATING PROPERTY
A battery energy storage system host property or any real property that is the subject of an agreement that provides for the payment of monetary compensation to the landowner from the battery energy storage system owner (or affiliate) regardless of whether any part of a battery energy storage system is constructed on the property.
THIS BYLAW
Article 7, § 50-7.7 of the Zoning Bylaw.
UL
Underwriters Laboratory.
C. 
Applicability.
(1) 
The requirements of this bylaw shall apply to battery energy storage systems permitted, installed, decommissioned, or modified after the effective date of this bylaw, excluding general maintenance and repair. BESS subject to this bylaw are only those that exceed the following capacities:
- Lead-acid with a capacity of greater than 70 kWh
- Nickel with a capacity of greater than 70 kWh
- Lithium-ion with a capacity of greater than 30 kWh
- Sodium nickel chloride with a capacity of greater than 20 kWh
- Flow with a capacity of greater than 20 kWh
- Other battery technologies with a capacity of greater than 10 kWh
BESS that do not exceed the threshold capacities above are not subject to this bylaw and are allowed by right in all zoning districts.
(2) 
A battery energy storage system that is subject to this bylaw is classified as a Tier 1 or Tier 2 battery energy storage system as follows:
(a) 
Tier 1 battery energy storage systems having an aggregate energy capacity less than or equal to 1MWh and, if in a room or enclosed area, consist of only a single energy storage system technology.
(b) 
Tier 2 battery energy storage systems having an aggregate energy capacity greater than 1MWh or are comprised of more than one storage battery technology in a room or enclosed area.
(c) 
Modifications to, retrofits or replacements of an existing battery energy storage system that increase the total battery energy storage system designed discharge or power rating shall be subject to this bylaw.
D. 
General requirements.
(1) 
All permits required by state codes, including but not limited to a building permit, an electrical permit, and a fire department permit shall be required for installation of all battery energy storage systems.
(2) 
All battery energy storage systems, all dedicated use buildings, and all other buildings or structures that (a) contain or are otherwise associated with a battery energy storage system and (b) subject to the requirements of the State Building Code, shall be designed, erected, and installed in accordance with all applicable provisions of the State Building Code 780 CMR, State Fire Code 527 CMR 1.00, and State Electrical Code 527 CMR 12.00. All battery energy storage systems shall comply with NFPA 855, Standard for the Installation of Stationary Energy Storage Systems.
(3) 
Energy storage system capacities, including array capacity and separation, are limited to the thresholds contained in NFPA 855.
(4) 
All access roads should be at least 12' wide, constructed of an all-weather surface, an area for vehicular use and/or parking area that shall be surfaced with either asphalt, concrete, chip seal, graded and compacted gravel, or other stabilized system approved by the Groveland Fire Department, and be cleared of all obstructions on both sides by at least 2'. A 16" vertical clearance shall be maintained for large vehicle access. Access gates erected on site shall be a minimum of 12' wide, accessible via Groveland Fire Department emergency access key system. Access to all sides of each enclosure shall be provided where practical.
E. 
Permitting requirements for Tier 1 battery energy storage systems. Tier 1 battery energy storage systems are allowed by right in all zoning districts, subject to applicable provisions of the State Building Code, Electrical Code, Fire Code, and other applicable codes, and are subject to minor site plan review and such provisions of this bylaw as are applicable.
F. 
Permitting requirements for Tier 2 battery energy storage systems. Tier 2 battery energy storage systems are subject to this bylaw and require the issuance of a special permit in all zoning districts. Tier 1 and Tier 2 BESS shall comply with the applicable requirements set forth in this bylaw, as well as this Zoning Bylaw, and the Groveland General Bylaws. The following requirements apply to all Tier 1 and Tier 2 BESS subject to this bylaw, except where it is specifically noted to apply only to Tier 2 BESS:
(1) 
Utility lines and electrical circuitry. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles.
(2) 
Signage. Signage shall comply with the requirements of Article XI of this Zoning Bylaw and the following additional requirements; in the event of a conflict between the provisions of Article XI and this section, the requirements of this section shall prevail.
(a) 
The signage shall be in compliance with ANSI Z535 and shall include the type of technology associated with the battery energy storage systems, any special hazards associated, the type of suppression system installed in the area of battery energy storage systems, and 24-hour emergency contact information, including reach-back phone number.
(b) 
As required by the state electrical code, disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
(c) 
Signage compliant with ANSI Z535 shall be provided on doors to rooms, entrances to BESS facilities, and on BESS outdoor containers.
(3) 
Lighting. Lighting of the battery energy storage system shall be limited to that minimally required for safety, security and operational purposes and 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, shall be shielded to eliminate glare from abutting properties and shall be directed downward to reduce light pollution.
(4) 
Vegetation and tree-cutting. Areas within 10 feet on each side of Tier 2 battery energy storage systems shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted provided they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent possible.
(5) 
Setbacks. Tier 2 battery energy storage systems shall be set back a minimum of 50 feet from all side, rear, and front lot lines; except that Tier 2 BESS shall be set back a minimum of 100 feet from side, rear, and front lot lines that abut or are across a street from residential zoning districts or existing single, two-family, or multi-family structures. The minimum setback areas shall include a buffer area at least 15 feet wide along all property lines that will limit visual impacts and be consistent with neighborhood characteristics. Access drives and parking are allowed in the setback areas but shall not intrude into the required buffer areas except where necessary to provide access or egress to the property. In addition, a minimum of 10 feet must be maintained between BESS components and all buildings, stored combustible materials, hazardous materials, high-piled storage, personnel means of egress, and other exposure hazards not associated with electrical grid infrastructure.
(6) 
Dimensional. Tier 2 battery energy storage systems shall comply with the dimensional limitations for principal structures of the underlying zoning district as provided in Article VIII of this Zoning Bylaw, unless otherwise provided in this bylaw.
(7) 
Fencing requirements. Tier 2 battery energy storage systems, including all mechanical equipment, shall be enclosed by a minimum eight-foot-high fence with a locking gate to prevent unauthorized access unless housed in a dedicated-use building. Security barriers, fences, landscaping, and other enclosures must not inhibit required air flow to or exhaust from the BESS and components. Electrical equipment greater than 1,000V requires a separate and additional means to restrict access. NFPA 855 requires specialty safety systems to be provided based on the BESS chemistry and installed location.
(8) 
Screening and visibility. Tier 2 battery energy storage systems shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area. Such features may not inhibit required air flow to or exhaust from the BESS and components and must comply with the setbacks established in Subsection F(6) above.
(9) 
Mitigation for Loss of Carbon Sequestration and Forest Habitat. If land that is forestland or has been forestland within one year immediately preceding the filing an application to install a Tier 2 BESS, the plans shall designate thereon an area of unprotected (meaning, not subject to MGL c. 184, §§ 31 through 33 at time of application) land on the same lot and of a size equal to two times the total area of forestland that will be eliminated, cut, destroyed, or otherwise disturbed by such installation. Such designated land shall remain in substantially its natural condition without alteration, including prohibition of commercial forestry or tree cutting not related to the maintenance of the installation, until such time as the installation is decommissioned; except in response to a natural occurrence, invasive species or disease that impacts the trees and requires cutting to preserve the health of the forest.
(10) 
Mitigation for disruption of trail networks. If existing trail networks, old roads, or woods or cart roads are disrupted by the location of a Tier 2 BESS, the plans shall show alternative trail alignments to be constructed by the applicant, although no rights of public access may be established hereunder.
(11) 
Mitigation for disruption of historic resources and properties. Historic resources, structures and properties, such as cellar holes, farmsteads, stone corrals, marked graves, water wells, or pre-Columbian features, including those listed on the Massachusetts Register of Historic Places or as defined by the National Historic Preservation Act, shall be excluded from the areas proposed to be developed for a Tier 2 BESS. A written assessment of the project's effects on each identified historic resource or property and ways to avoid, minimize or mitigate any adverse effects shall be submitted as part of the application. A suitable buffer area as determined by the Planning Board shall be established on all sides of each historic resource.
(12) 
Batteries. Failed battery cells and modules shall not be stored on the site and shall be removed no later than 30 days after deemed failed by the BESS operator or cell/module manufacturer. The operator shall notify the Groveland Fire Chief and Groveland Building Commissioner in advance if the type of battery or batteries used on-site is to be changed.
(13) 
Decommissioning plan. The applicant shall submit with its application a decommissioning plan for Tier 2 BESS to be implemented upon abandonment and/or in conjunction with removal of the facility. The owner or operator of the BESS shall notify the Building Commissioner, Groveland Municipal Light Department and Groveland Fire Chief in writing at least 20 days prior to when a Tier 2 BESS will be decommissioned. Decommissioning of an abandoned or discontinued Tier 2 BESS shall be completed within six months after the facility ceases operation. The decommissioning plan shall include:
(a) 
A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, 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) 
The anticipated life of the battery energy storage system;
(d) 
The estimated decommissioning costs and how said estimate was determined;
(e) 
The method of ensuring that funds will be available for decommissioning and restoration;
(f) 
The method by which the decommissioning cost will be kept current;
(g) 
The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and
(h) 
A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.
(14) 
Decommissioning fund. The owner and/or operator of the energy storage system, shall continuously maintain a fund or other surety acceptable to the Town, in a form approved by the Planning Board and Town Counsel, for the removal of the battery energy storage system, in an amount to be determined by the Town, for the period of the life of the facility. All costs of the financial security shall be borne by the applicant.
(15) 
Proof of liability insurance. The applicant or property owner shall provide evidence of commercial liability insurance in an amount and type generally acceptable in the industry and approved by the Planning Board prior to the issuance of a building permit, and shall continue such insurance in effect until such facility has been decommissioned, removed, and the site restored in accordance with this bylaw.
G. 
Battery energy storage system site plan application. For a Tier 2 Battery Energy Storage System the site plan application shall include the following information, in addition to that required by Article XIII, § 50-13.5 of this Zoning Bylaw:
(1) 
A one- or three-line electrical diagram detailing the battery energy storage system layout, associated components, and electrical interconnection methods, with all State Electrical Code compliant disconnects and over current devices.
(2) 
A preliminary equipment specification sheet that documents the proposed battery energy storage system components, inverters and associated electrical equipment that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of a building permit.
(3) 
Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the battery energy storage system. Such information of the final system installer shall be submitted prior to the issuance of building permit.
(4) 
Large-scale fire test data, evaluation information, calculations, and modeling data. For any of the following, UL 9540A fire test data must be made available to the Planning Board for review:
- BESS systems with a capacity of greater than 50kWh
- BESS systems with spacing between arrays of less than three feet
- Safety data sheets (SDS) that address response safety concerns and extinguishment.
(5) 
Commissioning plan. The system installer or commissioning agent shall prepare a commissioning plan prior to the start of commissioning. Such plan shall be compliant with NFPA 855 and document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in applicable state codes. Where commissioning is required by the Building Code, battery energy storage system commissioning shall be conducted by a Massachusetts licensed professional engineer after the installation is complete but prior to final inspection and approval. A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning. A report describing the results of the system commissioning and including the results of the initial acceptance testing required by applicable state codes shall be provided to Zoning Enforcement Officer, Groveland Municipal Light Department and Groveland Fire Department prior to final inspection and approval and maintained at an approved on-site location.
(6) 
Fire safety compliance plan. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with state codes.
(7) 
Operation and maintenance manual. Such plan shall describe continuing battery energy storage system maintenance and property upkeep, as well as design, construction, installation, testing and commissioning information and shall meet all requirements set forth state codes and NFPA 855. Maintenance provisions will be driven by manufacturer requirements for the specific listed system.
(8) 
Depending on the location of the BESS in relation to and its interaction with the electrical grid, interconnection will be completed per 527 CMR 12.00. System interconnections into utility grids shall be in accordance with NFPA 855. An accessible disconnect is required per 527 CMR 12.00.
(9) 
Prior to the issuance of the building permit, engineering documents must be signed and sealed by a Massachusetts licensed professional engineer.
(10) 
Emergency operations plan. An emergency operations plan compliant with NFPA 855 is required. A copy of the approved emergency operations plan shall be given to the system owner, the local fire department, and local fire code official. For so long as the BESS is operational, the operator shall provide the Fire Department, Police Department, Building Commissioner, Groveland Municipal Light Department, and Town Administrator's office with contact information for personnel that can be reached 24 hours per day every day, and this contact information shall be updated by the operator whenever there is a change in the information. The operator shall also be required to have an official representative present on-site not later than two hours after notification by the Fire Chief, Police Chief, or their designee. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information:
(a) 
Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions.
(b) 
Procedures for inspection and testing of associated alarms, interlocks, and controls, including time intervals for inspection and testing.
(c) 
Procedures to be followed in response to notifications from the battery energy storage management system, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to Fire Department personnel for potentially hazardous conditions in the event of a system failure.
(d) 
Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the Fire Department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.
(e) 
Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.
(f) 
Procedures for safe disposal of battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility.
(g) 
Other procedures as determined necessary by the Town to provide for the safety of occupants, neighboring properties, and emergency responders.
(h) 
Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.
(i) 
Explosion control mitigation plan.
(j) 
A plan showing the proposed location of the system on the lot.
H. 
Ownership changes. If the owner of the battery energy storage system changes or the owner of the property changes, the special permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special permit, site plan approval, and decommissioning plan. A new owner or operator of the battery energy storage system shall notify the Building Commissioner, Groveland Municipal Light Department and Groveland Fire Department of such change in ownership or operator within 14 days of the ownership change. A new owner or operator must provide such notification to the Building Commissioner in writing.
I. 
Safety.
(1) 
System certification. Battery energy storage systems and equipment shall be listed by a nationally recognized testing laboratory to UL 9540 (Standard for battery energy storage systems and Equipment) or approved equivalent, with subcomponents meeting each of the following standards as applicable:
(a) 
UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power and Light Electric Rail Applications);
(b) 
UL 1642 (Standard for Lithium Batteries);
(c) 
UL 1741 or UL 62109 (Inverters and Power Converters);
(d) 
Certified under the applicable electrical, building, and fire prevention codes as required.
(e) 
Alternatively, field evaluation by an approved testing laboratory for compliance with UL 9540 (or approved equivalent) and applicable codes, regulations and safety standards may be used to meet system certification requirements.
(2) 
Site access. Battery energy storage systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local fire department.
(3) 
Battery energy storage systems, components, and associated ancillary equipment shall have required working space clearances, and electrical circuitry shall be within weatherproof enclosures marked with the environmental rating suitable for the type of exposure in compliance with NFPA 70.
J. 
Abandonment. The battery energy storage system shall be considered abandoned when it ceases to operate consistently for more than six months. If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town may, after compliance with any applicable state and federal constitutional requirements, enter the property and utilize the available bond and/or security for the removal of a Tier 2 BESS and restoration of the site in accordance with the decommissioning plan.
K. 
Waivers. Waivers may only be granted by the permit granting authority for aesthetic items, not health and/or safety requirements.