The purpose of this bylaw 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.

The provisions set forth in this article shall apply to the construction, operation, and/or repair of large-scale, ground-mounted solar photovoltaic installations.

Large-scale, ground-mounted solar photovoltaic installations shall be subject to site plan review as specified in Article X of the Town of Millville Zoning Bylaw and in accordance with the additional requirements specified herein.

Lot requirements. Large-scale, ground-mounted solar photovoltaic installations shall be allowed by permit only on parcels located within the Renewable Energy Overlay District as established in Article II, § 100-201B.

Site control. The applicant 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.

Setbacks. For large-scale, ground-mounted solar photovoltaic installations, the setbacks shall be the same as the underlying district per Article IV of the Town of Millville's Zoning Bylaw.

Site plan review. Ground-mounted, large-scale solar photovoltaic installations with 250 kW or larger-rated nameplate capacity shall undergo site plan review by the Planning Board prior to construction, installation or modification as provided in this section.

General. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts.

Required documents. Pursuant to the site plan review process, the applicant shall provide the following documents:

All material modifications to a solar photovoltaic installation made after final approval shall require approval by the Planning Board.

Any portion of this § 100-1105 may be waived, if in the opinion of the Planning Board the materials submitted are sufficient for the Board to make a decision.

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. Where feasible, lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cut off fixtures to reduce light pollution.

Signage. Signs on large-scale, ground-mounted solar photovoltaic installations shall comply with § 100-501 of the Town of Millville Zoning By-laws. Solar photovoltaic installations shall not be used for displaying any advertising. Advertising shall not include reasonable identification of the manufacturer or operator of the solar photovoltaic installation. The solar photovoltaic installation shall identify the owner and provide a twenty-four-hour emergency contact phone number.

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 above ground if required by the utility provider.

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.

Appurtenant structures. 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.

Maintenance. The large-scale, ground-mounted solar 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 to a level acceptable to the Millville 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.

Modifications. All material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval by the Planning Board.

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 § 100-1107D of this bylaw 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 Planning Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

Abandonment. Absent notice to the Planning Board, as provided above, of a proposed date of decommissioning or written notice to the Planning Board requesting an extension due to extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate or its operations are discontinued for more than one year without the written consent of the Planning Board. 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. As a condition of approval, an applicant shall agree to grant the necessary license or easement to the Town to allow entry to remove an abandoned installation. All solar photovoltaic installations removal and associated costs will be charged to the property owner in accordance with the provisions of MGL c.139, § 3A, as a tax lien on the property.

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 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 determined by the applicant. Such surety will not be required for municipally or state-owned facilities. The applicant 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.

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.

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.

Operation and maintenance plan. The applicant 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.

Utility notification. No large-scale, ground-mounted solar photovoltaic installation shall be constructed until 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 solar photovoltaic installation owner or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

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 Millville 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 inquiries throughout the life of the installation.