Littleton City Zoning Code
ARTICLE XXVI
Commercial Solar Photovoltaic Installations
§ 173-181 Purpose.
The purpose of this section is to promote the creation of new commercial solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety and minimize impacts on residential neighborhoods and scenic, natural and historic resources.
§ 173-182 Applicability.
Construction and use of a commercial solar photovoltaic installation or any part thereof shall be permitted in any zoning district subject to the requirements set forth in this section.
§ 173-183 Use regulations.
Commercial solar photovoltaic installations shall conform to the following provisions.
A.
A commercial solar photovoltaic installation may be erected upon the issuance of a special permit by the Planning Board on a lot containing a minimum of three acres.
B.
All setback, yard, buffer and screening requirements applicable in the zoning district in which the installation is located shall apply.
C.
All security fences surrounding the installations shall be set back from the property line a distance equal to the setback requirement applicable to buildings within the zoning district in which the installation is located.
D.
The provisions of Article IV, Site Plan Review, shall apply to commercial solar photovoltaic installations.
E.
The visual impact of the commercial solar photovoltaic installation, including all accessory structures and appurtenances, shall be mitigated. All accessory structures and appurtenances shall be architecturally compatible with each other. Whenever reasonable, structures shall be shaded from view by vegetation and/or joined and clustered to avoid adverse visual impacts. Methods such as the use of landscaping, natural features and fencing may be utilized.
F.
Lighting shall not be permitted unless required by the Planning Board or required by the State Building Code. Where used, lighting shall be directed downward and full cut-off fixtures shall be used.
G.
All utility connections from the commercial solar photovoltaic installation shall be underground unless specifically permitted otherwise by the Planning Board in the special permit. Electrical transformers and inverters to enable utility interconnections may be above ground if required by LELD.
H.
A commercial solar photovoltaic installation must meet: (i) the requirements of Littleton Electric Light Department's "Qualifying Facility Power Purchase Rate; and (ii) the requirements of Littleton Electric Light Department's "Standards for Interconnecting Distributed Generation" as published by the LELD.
I.
Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the commercial solar photovoltaic installation or otherwise prescribed by applicable laws, regulations and bylaws.
J.
The commercial solar photovoltaic installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, continued compliance with landscaping and screening requirements, and integrity of security measures. The owner or operator shall be responsible for the maintenance of any access roads serving the installation.
§ 173-184 Discontinuance.
A commercial solar photovoltaic installation shall be deemed to have been discontinued if it has not been in service for a continuous twenty-four-month period. Upon receipt of a Notice of Discontinuance from the Building Commissioner, the owner shall have the right to respond to the Notice within 30 days of receipt. The Building Commissioner shall withdraw the Notice of Discontinuance and notify the owner that the Notice has been withdrawn if the owner provides information that demonstrates to the satisfaction of the Building Commissioner that the commercial solar photovoltaic installation has not been discontinued. If the commercial solar photovoltaic installation is determined to be discontinued, the owner shall remove the installation, including all structures, equipment, security barriers and transmission lines, and stabilize or re-vegetate the site as necessary to minimize erosion and sedimentation, at the owner's sole expense within three months of receipt of the Notice of Discontinuance. Failure to remove the installation and stabilize the site within said time period may subject the owner to action pursuant to Article XXIV.
§ 173-185 Administration.
A.
A special permit is required from the Planning Board to erect or install a commercial solar photovoltaic installation. A record owner desiring to erect a commercial solar photovoltaic installation shall file with the Planning Board an application for a special permit, together with such plans, drawings, specifications, fees and additional information as required by the Planning Board.
B.
The Planning Board shall have the authority to waive specific provisions of this Article upon a determination that the waiver is not inconsistent with the purpose and intent of this section.
C.
The Planning Board shall conduct its review, hold a public hearing and file its decision with the Town Clerk as required by MGL c.40A § 9.
D.
Approval Criteria. Before the Planning Board may issue the special permit, it shall determine each of the following:
(1)
The commercial solar photovoltaic installation conforms to the provisions of this section.
(2)
The commercial solar photovoltaic installation will not be detrimental to the neighborhood or the Town.
(3)
Environmental features of the site and surrounding areas are protected, and the surrounding area will be protected from the proposed use by provision of adequate surface water drainage.
(4)
The proposed use is in harmony with the general purpose and intent of this Chapter.
E.
Any special permit shall be subject to such conditions and safeguards as the Planning Board may prescribe. Such conditions may include the requirement of a performance bond, secured by deposit of money or negotiable securities, posted with the Town to guarantee proper maintenance and/or removal of the commercial solar photovoltaic installation. The amount of the performance bond shall not exceed the estimated cost of the commercial solar photovoltaic installation removal. Such conditions may also include additional screening of the facility.
F.
In reviewing any application for a special permit, the Planning Board shall give due consideration to promoting the public health, safety, convenience and welfare; shall encourage the most appropriate use of land and shall permit no building or use that is injurious, noxious, offensive or detrimental to its neighborhood.