Northbridge City Zoning Code
ARTICLE XX
Large-Scale Solar Photovoltaic Installations
[Added 10-22-2013 ATM, Art. 9]
§ 173-133 Purpose.
The purpose of this bylaw is to reasonably regulate 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.
§ 173-134 Applicability.
A.
This bylaw applies to large-scale ground-mounted solar photovoltaic installations, as defined herein, proposed to be constructed after the effective date of this bylaw. This bylaw also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment.
B.
The bylaw in not intended to regulate systems of less than 250 kW or roof-mounted systems. It is also not intended to regulate systems that are consumptive power systems, where all power that is generated is utilized to power on-site operations.
§ 173-135 Definitions.
BUILDING PERMIT
A permit issued by the Building Inspector allowing for the construction of a large-scale ground-mounted solar photovoltaic installation consistent with state and federal regulations and the Zoning Bylaw.
LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION (LGSPI)
A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, has a minimum nameplate capacity of 250 kW DC, and generates power utilized at least in part off-site.
RATED NAMEPLATE CAPACITY
The maximum rated output of electric power production of the photovoltaic system in direct current (DC).
ZONING BYLAW
The Northbridge Zoning Bylaw.
§ 173-136 General requirements.
The following requirements are common to all for all large-scale solar power generation installations:
A.
Compliance with laws and regulations. The construction and operation of all LGSPI 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. Provided that the provisions of Article XVI (Route 146 Overlay District) shall not apply to an LGSPI.
B.
Building permit. No LGSPI shall be constructed, installed or modified except pursuant to a building permit. The building permit application for a LGSPI must be accompanied by the required fee.
C.
Site plan review. No LGSPI shall be constructed, installed or modified except in conformity with a site plan approved by the Planning Board in accordance with the Zoning Bylaw. The Planning Board shall consider and apply the requirements set forth in this bylaw in reviewing and deciding an application for site plan approval. Upon receipt of an application for site plan approval of a LGSPI, the Planning Board may engage, at the applicant's cost, professional and technical consultants, including legal counsel, to assist the authority with its review of the application, in accordance with the requirements of Section 53G of Chapter 44 of the Massachusetts General Laws. The Planning Board may direct the applicant to deposit funds with the Planning Board for such review at the time the application is accepted, and to add additional funds as needed upon notice. Failure to comply with this section shall be good grounds for denying the application. Upon approval of the application, any excess amount in the account attributable to that project, including any interest accrued, shall be repaid to the applicant.
D.
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.
E.
Operation and maintenance plan. The project proponent shall submit a plan for the operation and maintenance of the LGSPI, which shall include measures for maintaining safe access to the installation, stormwater controls, and general procedures for operational maintenance of the installation.
F.
Utility notification. No LGSPI 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.
G.
Design standards.
(1)
Setbacks and screening. Front, side and rear yards for LGSPI shall be as follows:
(a)
Front yard. The front yard depth shall be at least 100 feet.
(b)
Side yard. Each side yard shall have a depth at least 50 feet.
(c)
Rear yard. The rear yard depth shall be at least 50 feet.
Every abutting property shall be visually screened from the LGSPI through any one or combination of the following: location, distance, plantings, existing vegetation and fencing (not to exceed 6 feet in height). |
(2)
Appurtenant structures. All appurtenant structures to a LGSPI shall be subject to the same regulations that pertain to primary structures as set forth in the Zoning Bylaw.
(3)
Landscaping. The project proponent shall submit a landscape plan detailing all proposed changes to the landscape of the site, including temporary or permanent roads or driveways, grading, vegetation clearing and planting and screening vegetation and/or fences/walls.
(4)
Land clearing and grading, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the LGSPI or otherwise prescribed by applicable laws, regulations, and bylaws. Land clearing and grading plans shall avoid practices that cause erosion and shall minimize habitat disruption.
(5)
Lighting. Lighting of LGSPI, including appurtenant structures, shall be consistent with local, state and federal law, and otherwise shall be limited to that required for safety and operational purposes. It shall be designed to minimize glare on abutting properties and be directed downward with full cut-off fixtures to reduce light-pollution.
(6)
Signage.
Signs on LGSPI shall comply with all applicable legal requirements, including the Zoning Bylaw. One sign consistent with the Zoning Bylaw 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.
(7)
Utility connections. Reasonable efforts, as determined by the Planning Board, 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.
H.
Monitoring and maintenance.
(1)
Solar photovoltaic installation conditions. The owner or operator of the LGSPI 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 Fire Chief and local 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.
(2)
Emergency services.
Prior to issuance of a building permit, the LGSPI owner or operator shall provide a project summary, electrical schematic, and approved site plan to the Town's local safety officials, including the Police Chief, Fire Chief and Building Inspector.
Upon request the owner or operator shall cooperate with local safety officials in developing an emergency response plan, which may include ensuring that emergency personnel have immediate, 24-hour access to the facility. 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, and shall provide a mailing address and telephone number for such person(s).
I.
Modifications. All material modifications to a LGSPI made after issuance of the required building permit shall require approval by the Planning Board through Site Plan Review.
J.
Discontinuance and removal.
(1)
Removal requirements.
Any LGSPI, or any substantial part thereof, not used for a period of one continuous year or more without written permission from the Planning Board, or that has reached the end of its useful life, shall be considered discontinued, and shall be removed. Upon written request from the Building Inspector addressed to the contact address provided and maintained by the owner or operator as required above, the owner or operator shall provide evidence to the Building Inspector demonstrating continued use of the LGSPI. Failure to provide such evidence within 30 days of such written request shall be conclusive evidence that the installation has been discontinued. Anyone intending to decommission and/or remove such an installation shall notify the Planning Board and Building Inspector by certified mail of the proposed date of discontinued operations and plans for removal.
The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. Removal shall consist of:
(a)
Physical removal of all parts of and appurtenances to the LGSPI, including 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)
Stabilization or re-vegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
(d)
Gravel or ground cover consistent with landscape.
If the owner or operator of the LGSPI fails to remove the installation in accordance with the requirements of this section, the Town shall have the right, to the extent it is otherwise duly authorized by law, to enter the property and remove the installation at the expense of the owner of the installation and the owner(s) of the site on which the facility is located. |
(2)
Financial surety. Proponents seeking to construct and operate an LGSPI shall provide, prior to construction, 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 LGSPI and remediate the landscape. The amount and form of such surety shall be determined by the Planning Board. 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.
§ 173-137 Community Shared Solar Overlay District (CSSOD)
[Added 2-6-2018 STM by Art. 1]
The Community Shared Solar Overlay District (CSSOD) is hereby established as an overlay district within the Town of Northbridge. All requirements pertaining to the underlying district(s) shall continue to be in full force and effect, except where the provisions of the CSSOD supersede such underlying requirements or provide for an alternative to such requirement(s).
A.
Purpose. The purpose of the Community Shared Solar Overlay District (CSSOD) is to allow for the siting, construction and operation of a large-scale ground-mounted solar photovoltaic installation (LGSPI).
B.
Location. The boundaries of the Community Shared Solar Overlay District (CSSOD) are shown on a map entitled "Northbridge, Massachusetts Zoning Overlay District Map" prepared by CMRPC-Central Massachusetts Regional Planning Commission dated December 19, 2017. The CSSOD is comprised of land identified on the 2017 Northbridge Assessors' Map 27 as Parcels 15, 16, 17, 18, 20, 21, 22, 23, 29, and 89.
C.
Permitted use. The provisions of the CSSOD apply to the construction of solar photovoltaic systems as defined herein and in accordance with Article XX, Large-Scale Ground-Mounted Solar Photovoltaic Installations, of the Northbridge Zoning Bylaw.
D.
Definitions.
APPURTENANT STRUCTURES
All structures, the use of which is appurtenant (secondary to) a solar photovoltaic system, including but not limited to equipment shelters, storage facilities, transformers, and substations.
COMMUNITY SHARED SOLAR
A community shared solar (CSS) project is a solar photovoltaic system that provides benefits such as electricity, net metering credits, and return on investment to multiple participants. A CSS project is a project hosted by an entity and supported by multiple participants, who invest in the project or purchase the electricity or net metering credits generated.
HAZARDOUS MATERIALS
Hazardous materials stored, used or generated on site shall not exceed the amount for a very small quantity generator of hazardous waste (VSQG) as defined by the Massachusetts Department of Environmental Protection (DEP) pursuant to regulations at 310 CMR 30.000, and shall meet all requirements of the DEP, including storage of hazardous materials. If hazardous materials are utilized within the solar electric equipment, impervious containment areas capable of controlling any release to the environment and to prevent potential contamination of groundwater shall be required.
LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION
A solar photovoltaic system that is structurally mounted on the ground and is not roof mounted, has a minimum nameplate capacity of 250 kW DC, and generates power utilized at least in part off site.
RATED NAMEPLATE CAPACITY
The maximum rated output of electric power production of the photovoltaic system in direct current (DC).
SOLAR ARRAY
Solar panels arranged in a group to capture sunlight to be converted into usable electricity.
SOLAR PHOTOVOLTAIC (PV) SYSTEM
A power system designed to supply usable solar power by means of photovoltaics, consisting of an arrangement of several components, including solar panels to absorb and convert sunlight into electricity, a solar inverter to change the electrical current from DC to AC, and other related electrical accessories.
SPECIAL PERMIT GRANTING AUTHORITY
The Planning Board shall be the special permit granting authority (SPGA) for solar photovoltaic systems within the Community Shared Solar Overlay District (CSSOD).
E.
Special permit. In accordance with § 173-74 (Special permits), the Planning Board may issue a special permit for solar photovoltaic systems pursuant to the requirements and standards noted herein upon site plan review and approval of same in accordance with § 173-49.1 (Site plan review by Planning Board).
F.
General requirements. In addition to the general requirements provided for in § 173-136 for large-scale solar photovoltaic installations, the following requirements shall apply to community shared solar systems.
(1)
Compliance with laws and regulations. The construction and operation of large-scale ground-mounted solar photovoltaic installations (LGSPI) 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.
(2)
Building permits. No LGSPI shall be constructed, installed or modified except in accordance with a duly issued building permit.
(3)
Site plan review. No LGSPI shall be constructed, installed or modified except in conformity with a site plan approval by the Planning Board. The Planning Board shall consider and apply the requirements set forth herein and as provided for in § 173-136 (General requirements).
(4)
Setbacks and screening. Minimum setbacks for a LGSPI shall be as follows: a minimum front lot depth of 100 feet; minimum side lot depth of 50 feet and minimum rear lot depth of 50 feet. Every abutting property shall be visually screened from the LGSPI through any one or combination of the following: location, distance, plantings, existing vegetation and fencing. No setbacks shall be required for interior parcel lot lines of adjoining parcels held in common ownership within the CSSOD.
(5)
Building lot. A LGSPI shall be permitted on contiguous parcels of land of 100 acres or more within the CSSOD and having a minimum lot width of 50 feet on a public way within the Town of Northbridge. Adjoining interior parcels without frontage that are held in common ownership shall be considered toward the 100 acre requirement for a LGSPI application. A LGSPI shall be permitted on multiple adjoining parcels through the issuance of a single building permit.
(6)
Lot access. Access to a LGSPI may be provided via the qualifying frontage or from adjoining parcels held in common ownership as may be approved by the Planning Board as part of site plan review.
