Northfield City Zoning Code
ARTICLE 10
Special District Regulations
§ 200-10.1 Floodplain Overlay District.
[Amended 5-1-2023 ATM by Art. 21]
A.
Purpose. The purposes of the Floodplain Overlay District are to:
(1)
Ensure public safety through reducing flood threats to life and personal injury;
(2)
Eliminate new hazards to emergency response officials;
(3)
Prevent the contamination and pollution of water resources resulting from flooding, so as to protect public safety and avoid damage to wildlife habitat;
(4)
Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding;
(5)
Eliminate costs associated with the response and cleanup of flooding conditions; and
(6)
Reduce damage to public and private property resulting from floodwaters.
B.
Floodplain District. The Floodplain Overlay District is herein established as an overlay district. The District includes all special flood hazard areas designated on the Town of Northfield's Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency for the administration of the National Flood Insurance Program, dated September 30, 1980, and on the Flood Boundary and Floodway Map (FBFM) dated September 30, 1980. These maps indicate the 1% chance regulatory floodplain. The exact boundaries of the District shall be defined by the 1% chance base flood elevations shown on the FIRM and further defined by the Flood Insurance Study (FIS) report dated March 1980 prepared by the U.S. Department of Housing and Urban Development Federal Insurance Administration and any amendments thereto. The effective FIRM, FBFM, and FIS report are incorporated herein by reference and are on file with the Town Clerk and Building Inspector. (https://msc.fema.gov/portal/advanceSearch)
C.
General information.
(1)
The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, bylaws or codes. The degree of flood protection required by this bylaw is considered reasonable by the Town but does not imply total flood protection.
(2)
If any section, provision or portion of this bylaw is deemed to be unconstitutional or invalid by a court, the remainder of the bylaw shall be effective.
D.
Designation of a community floodplain administrator. The Town of Northfield hereby designates the position of Town Administrator to be the official Floodplain Administrator for the Town. In the event the Town Administrator position is vacant, the Building Inspector will fulfill the duties of the Floodplain Administrator. The duties of the Floodplain Administrator include:
(1)
Applying the regulations for development in the Floodplain Overlay District;
(2)
Ensuring that permits are applied for when development of any kind is proposed in the Floodplain Overlay District;
(3)
Oversight of the application and review process for development in the Floodplain Overlay District;
(4)
Coordination with other local departments and municipal officials including the Building Inspector, Highway Department, Planning Board, Zoning Board of Appeals, and Conservation Commission;
(5)
Notifying adjacent communities prior to any alteration of a watercourse;
(6)
Coordinating compliance issues and enforcement actions with the Building Inspector such as activities to correct violations of the Zoning Bylaw, and working with the appropriate local staff to coordinate such efforts;
(7)
Maintaining records of floodplain development, and keeping current and historic FEMA maps available for public inspection; and
(8)
Notifying FEMA if the Town acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, within six months of such changes by submitting the technical or scientific data that supports the changes to:
FEMA Region I Risk Analysis Branch Chief
and copy of notification to:
Massachusetts NFIP State Coordinator MA Dept. of Conservation and Recreation
E.
State variances to Building Code Floodplain Standards.
(1)
The Northfield Floodplain Administrator will request from the State Building Code Appeals Board a written and/or audible copy of the portion of any hearing related to a State Building Code variance granted for a property in the Town of Northfield, and will maintain this record in the Town's files.
(2)
The Floodplain Administrator shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a Town official that i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for each $100 of insurance coverage and ii) such construction below the base flood level increases risks to life and property.
(3)
Such notification shall be maintained with the record of all variance actions for the referenced development in the Floodplain Overlay District.
F.
Variances from the Northfield Zoning Bylaw related to community compliance with the National Flood Insurance Program (NFIP). An application for a variance from the requirements of the Floodplain Overlay District, requested from the Zoning Board of Appeals, must meet all the requirements set out by state law and the Zoning Bylaw (see Section 3.2). In addition to those requirements, a variance may only be granted if: 1) good and sufficient cause and exceptional non-financial hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and 3) the variance is the minimum action necessary to afford relief.
G.
Review by the Conservation Commission. The Town of Northfield, in addition to any building permit or other local, state or federal permits needed, requires a review and approval by the Conservation Commission for all proposed construction or other development in the Floodplain Overlay District. This includes new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities (with such review to be consistent with and to the extent permitted by MGL c. 40A, § 3), fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties. The application for review by the Conservation Commission is available from the Conservation Commission or Floodplain Administrator.
H.
Other necessary permits. The proponent must submit documentation that all necessary local, state and federal permits have been received in order to receive approval for the proposed development in the Floodplain Overlay District. Documentation must be submitted to the town's Floodplain Administrator for their review and approval.
I.
Subdivision and development proposals.
(1)
All subdivision proposals and development proposals subject to site plan review or requiring a special permit for property in the Floodplain Overlay District shall be reviewed by the Planning Board or Zoning Board of Appeals to assure that:
(a)
Such proposals minimize flood damage potential and, to the maximum extent feasible, locate all structures, roads, utilities and other infrastructure out of the Floodplain Overlay District;
(b)
Public utilities and facilities are located and constructed so as to minimize flood damage potential; and
(c)
Adequate drainage is provided.
(2)
Where such development is subject to a special permit or site plan review under Sections 3.4 and 3.5 and any other sections of the Northfield Zoning Bylaws, the Planning Board or Zoning Board of Appeals shall incorporate these standards into their review. Where such development is subject to the Subdivision Regulations of the Town of Northfield,[1] the Planning Board shall incorporate these standards into their subdivision plan review.
[1]
Editor's Note: See Ch. 315, Subdivision of Land.
J.
Base flood elevation data for subdivision proposals. When proposing a subdivision or other development greater than 50 lots or five acres (whichever is less), the proponent must provide technical data to establish base flood elevations for each developable parcel shown on the design plans.
K.
Unnumbered A Zones. In A Zones, in the absence of FEMA base flood elevation data and floodway data, the Building Inspector will obtain, review and reasonably utilize base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A to comply with one or more of the following: elevating residential structures to or above base flood level; floodproofing or elevating nonresidential structures to or above base flood level; and prohibiting encroachments in floodways.
L.
Floodway encroachment.
(1)
In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(2)
In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town of Northfield's FIRM and/or FBFM map, encroachments in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge are prohibited.
M.
Watercourse alterations or relocations in riverine areas. In a riverine situation, the Floodplain Administrator shall notify the following of any alteration or relocation of a watercourse:
(1)
Adjacent communities, especially upstream and downstream.
(2)
Bordering states, if affected.
(3)
NFIP State Coordinator.
(4)
NFIP Program Specialist.
N.
AO and AH Zones drainage requirements. Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
O.
Recreational vehicles. In A1-30, AH, AE Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the Zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.
P.
Local enforcement. The Floodplain Administrator and/or Zoning Enforcement Officer will be responsible for issuing a notice of noncompliance to the property owner for any noncompliant floodplain development in the Floodplain Overlay District. Such notice will identify the noncompliant development and will contain instructions regarding the actions that the property owner must take in order to come into compliance. Such actions may include, but are not limited to, removal of the structures or paving that might increase flooding or adversely impact flood risks to other properties. Any person violating the Floodplain Overlay District Bylaw shall be subject to a penalty of $300 for each offense. Each day that such violation continues shall constitute a separate offense.
Q.
Definitions.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. (44 CFR 59)
FLOOD BOUNDARY AND FLOODWAY MAP
An official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps prepared in 1987 and later, the floodway designation is included on the FIRM.)
FLOODWAY
The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. (Base Code - 2015 International Building Code, Chapter 2, Section 202)
FUNCTIONALLY DEPENDENT USE
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities. (44 CFR 59) Also (Referenced Standard ASCE 24-14)
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. (44 CFR 59)
HISTORIC STRUCTURE
Any structure that is:
(1)
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2)
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3)
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4)
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a)
By an approved state program as determined by the Secretary of the Interior; or
(b)
Directly by the Secretary of the Interior in states without approved programs. (44 CFR 59)
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of these provisions (May 1, 2023) of the Northfield Floodplain Overlay District Bylaw. In addition, any subsequent substantial improvements to structures existing on or after September 30, 1980 (the adoption date of Northfield's first Floodplain Bylaw) will also be subject to the provisions of this bylaw. New construction includes work determined to be substantial improvement. (Referenced Standard ASCE 24-14)
RECREATIONAL VEHICLE
A vehicle which is:
(1)
Built on a single chassis;
(2)
Four hundred square feet or less when measured at the largest horizontal projection;
(3)
Designed to be self-propelled or permanently towable by a light duty truck; and
(4)
Designed primarily for use as temporary living quarters for recreational, camping, travel, or seasonal use but not for use as a permanent dwelling. (44 CFR 59)
REGULATORY FLOODWAY
See "floodway."
SPECIAL FLOOD HAZARD AREA — The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, or AH. (Base Code
2015 International Building Code, Chapter 2, Section 202)
START OF CONSTRUCTION
The date of issuance of a building permit for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the date of the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. For the purposes of establishing the start of construction, permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. (Base Code - 2015 International Building Code, Chapter 2, Section 202)
STRUCTURE
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. (44 CFR 59)
SUBSTANTIAL REPAIR OF A FOUNDATION
When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. (As amended by 9th Edition of the State Building Code)
VARIANCE
A grant of relief by a community from the terms of a floodplain management regulation. (44 CFR 59)
VIOLATION
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. (44 CFR 59)
R.
Definitions of Flood Zones. All of the terms below are defined in the 44 CFR 64.3.
ZONE A
An area of special flood hazard without water surface elevations determined.
ZONE A1-30 and ZONE AE
Area of special flood hazard with water surface elevations determined.
ZONE A99
Area of special flood hazard where enough progress has been made on a protective system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. (Flood elevations may not be determined.)
ZONE AH
Areas of special flood hazards having shallow water depths and/or unpredictable flow paths between one and three feet, and with water surface elevations determined.
ZONE AO
Area of special flood hazards having shallow water depths and/or unpredictable flow paths between one and three feet. (Velocity flow may be evident; such flooding is characterized by ponding or sheet flow.)
ZONES B, C, AND X
Areas of minimal or moderate flood hazards or areas of future-conditions flood hazard. (Zone X replaces Zones B and C on new and revised maps.)
S.
Regulations. The Floodplain Administrator may adopt regulations and standard forms for the purpose of administering and implementing this bylaw.
§ 200-10.2 Water Supply Protection District.
A.
Purpose. The purpose of the Water Supply Protection District is to promote the health, safety, and welfare of the community by preserving and maintaining the existing and potential groundwater and surface water supply resources for private and public water wells and reservoirs within the Town of Northfield. The bylaw's provisions are intended to protect these resources and their recharge areas from any use of land or structures which reduces the quality or quantity of those water supplies.
B.
District boundaries. The Water Supply Protection District is an overlay district and shall be superimposed on other existing districts. The "Water Supply Protection District" is defined as all those areas delineated as Water Supply Protection Zones on the overlay map entitled "Northfield Water Supply Protection District Map," dated 1987, at a scale of one inch to 1,000 feet, on file with the Town Clerk. The boundaries indicated on the map reflect the best hydrogeologic information available as of the date of this map. The district shall include the following zones:
(1)
Zone 1: All land within 400 horizontal feet of the Strowbridge Well.
(2)
Zone 2: All land greater than 400 horizontal feet but less than 2,640 horizontal feet of the Strowbridge Well, per State Division of Water Supply, June 1982.
(3)
Zone 3: Within the Wait Brook watershed, all land upgradient of the Wait Brook Well, and all land within a 400-foot radius of the well.
(4)
Zone 4: Within the Louisiana Brook watershed, all land upgradient of the East Northfield Water Company Reservoir which recharges the reservoir.
(5)
Zone 5: Within the Minot and Warwick Brooks watershed, all land area upgradient of the Strowbridge Well not already included in Zone 2, and all land upgradient of the Northfield Reservoir.
(6)
Zone 6: Within the Millers Brook watershed, all land upgradient and east of Capt. Beers Plain Road and north of New Plain Road.
(7)
Zone 7: All land within an area bounded by School Street to the north, a line parallel to and 500 feet east of East Street on the west, Maple Street on the south, and Zones 5 and 6 on the east.
[Amended 1-24-2022 STM by Art. 16]
C.
Where the bounds of the Water Supply Protection Overlay District are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in question to show where those bounds should be properly located. The Planning Board may inspect the site for evidence of direction of surface flow. The Planning Board shall make a final determination of a boundary dispute. If the results of further investigation by the Planning Board reveal that the bounds delineated on the map are incorrect, the Board shall propose that the map be amended accordingly, per MGL c. 40A, § 5.
D.
All uses and other provisions of Northfield's Zoning Bylaw applying to existing districts shall remain in force and effect, except that where this district imposes greater or additional restrictions and requirements, those restrictions and requirements shall prevail. Potential pollution sources, such as on-site wastewater disposal system, and any activities or uses not permitted within the district shall, to the degree feasible, occur on that portion of the lot that is outside the district, and at a distance of at least 100 feet from its boundary. Existing-by-right, permitted, and nonconforming uses can continue.
E.
Within the Water Supply Protection District, the following uses are prohibited:
(1)
Zone 1: All uses are prohibited with the exception of conservation of soil, water, plants, and wildlife; proper operation and maintenance of water control, supply, and conservation devices; maintenance and repair of any existing structure, provided there is no increase in impermeable area; nonintensive agricultural uses (pasture, light grazing, hay), provided that pesticides are not applied; where the application of fertilizers is made, the groundwater quality resulting from such application shall not fall below the standards established by the Drinking Water Standards of Massachusetts, 310 CMR 22.
(2)
Zones 2 through 7:
(a)
Manufacture or disposal of toxic or hazardous materials. Use, storage or transport of toxic or hazardous materials except for household or agricultural uses;
(b)
Sanitary landfill, junkyard, salvage yard, road salt stockpile;
(c)
Trucking or bus terminals, gasoline stations, car washes, auto repair shops (including auto repair shops considered to be a home occupation);
(d)
Business and industrial uses, not agricultural, which involve on-site disposal of process wastes;
(e)
Underground or aboveground storage of fuel oil, gasoline or hazardous materials;
(f)
Commercial mining of land;
(g)
Disposal of liquid or leachable wastes other than sanitary domestic wastes or land application of manure for agricultural use;
(h)
Outdoor storage of any hazardous substances, including pesticides, except in product-tight containers which are protected from the elements, leakage, accidental damage, and vandalism;
(i)
Coverage of lots with impervious or semipervious materials, including driveways, paving, buildings, and structures, to a degree greater than 25% of total lot area.
F.
Site plan review, as required under § 200-3.5, shall be a prerequisite to all special permits issued in the Water Supply Protection District. Uses requiring a special permit from the Board of Appeals in Zones 2 through 7 are:
[Amended 1-24-2022 STM by Art. 16]
(1)
Replacement of an underground fuel storage system, with evidence of compliance with the provisions of 527 CMR 1.00 (Massachusetts Comprehensive Fire Safety Code).
(2)
Business and industrial activities other than agricultural.
(3)
Uses which generate design flow, as defined in 310 CMR 15.002, which exceeds 1,500 gallons per day.
(4)
Installation of a septic tank, or construction of a septic tank leach field or other individual waste installation within a horizontal distance of 100 feet on each side of the center line of each and every stream.
(5)
Construction of any building or structure intended for human residence within a horizontal distance of 100 feet on each side of the center line of each and every stream.
(6)
Grading or construction on slopes in excess of 25%, which shall be granted only upon demonstration that adequate provisions have been made to protect against erosion, soil instability, uncontrolled surface water runoff, or other environmental degradation.
§ 200-10.3 Solar Overlay District.
A.
Purposes.
(1)
The purpose of the Solar Overlay District 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 provide adequate financial assurance for the eventual decommissioning of such installations.
(2)
The provisions set forth in this section shall apply to the construction, operation, modification, and/or repair of large-scale ground-mounted solar photovoltaic installations with a total solar photovoltaic array area of more than 1,500 square feet proposed to be constructed after the effective date of this section. Smaller-scale systems (not more than 1,500 square feet of solar photovoltaic array area) need not comply with this section but shall require a building permit and must comply with all applicable local, state and federal requirements and other provisions of this bylaw.
B.
District boundaries. The Solar Overlay District is hereby established as an overlay district and shall be superimposed on other existing districts. The "Solar Overlay District" is defined as all those areas delineated as Solar Overlay Zone on the overlay map entitled "Northfield Solar Overlay Zone Map," dated 2011 and on file with the Town Clerk. The district shall include the following zones:
(1)
Zone 1: The eastern end of Town parcel 25-A-1, the western boundary being defined by the following three straight-line segments: beginning at point (42° 42.332 N, 72° 29.069 W), then proceeding to point (42° 42.076 N, 72° 29.127 W), then proceeding to point (42° 42.030 N, 72° 29.301 W), and then proceeding to point (42° 41.933 N, 72° 29.285 W).
(2)
Zone 2: Entire Town parcel 29-E-1, approximately 80 acres, bordered roughly by the Connecticut River on the east, the railroad on the north, and Bennett Brook Road on the west.
C.
Applicability. Large-scale ground-mounted solar photovoltaic installations that occupy no more than five acres of land on one or more adjacent parcels in common ownership (including those separated by a roadway) proposed to be constructed in the Solar Overlay District are permitted as of right, subject to site plan review under § 200-3.5 and this section. All other proposed large-scale ground-mounted solar photovoltaic installations require a special permit and site plan review in accordance with this bylaw.
D.
Definitions. As used in this section, the following terms shall have the meanings indicated:
APPURTENANT STRUCTURES
All structures, the use of which is appurtenant to a large-scale ground-mounted solar photovoltaic installation, including, but not limited to, equipment shelters, storage facilities, transformers, and substations.
AS-OF-RIGHT SITING
Development may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. Such development is subject to site plan review. Projects conforming to this bylaw, including this section, cannot be prohibited, but can be reasonably regulated by the Building Inspector.
[Amended 1-24-2022 STM by Art. 16]
BUILDING INSPECTOR
The person designated by § 200-3.1A of this bylaw and charged with the enforcement of the bylaw.
BUILDING PERMIT
A construction permit issued by the Building Inspector; the building permit evidences that the project is compliant with the state and federal building codes as well as this bylaw.
DESIGNATED LOCATION
The locations designated by the Solar Overlay District described in Subsection B of this section, where large-scale ground-mounted solar photovoltaic installations may be sited as of right. Said locations are shown on the Town's Official Zoning Map, which is on file in the office of the Town Clerk.
LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION
A solar photovoltaic system that is structurally mounted on the ground and is not building-mounted, and has a total solar photovoltaic array area of more than 1,500 square feet.
SITE PLAN REVIEW
Review by the Northfield Planning Board in accordance with this section and § 200-3.5.
SOLAR PHOTOVOLTAIC ARRAY
An arrangement of solar photovoltaic panels.
E.
General requirements for all large-scale ground-mounted solar power generation installations. The following requirements are common to all large-scale ground-mounted solar photovoltaic installations to be sited in designated locations:
(1)
Compliance with laws and regulations. The construction and operation of all large-scale ground-mounted 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 Massachusetts State Building Code.
(2)
Building permit. No large-scale ground-mounted solar photovoltaic installation shall be constructed, installed, or modified without first obtaining a building permit.
(3)
Fees. The application for a building permit for a large-scale ground-mounted solar photovoltaic installation must be accompanied by the application fees required for a building permit and site plan review.
(4)
Site plan review. Large-scale ground-mounted solar photovoltaic installations shall be subject to site plan review by the Planning Board in accordance with this section and § 200-3.5 prior to construction, installation, or modification. Site plan submission requirements and procedures shall be in accordance with the Planning Board's rules and regulations.
(5)
Setback and height requirements. For large-scale ground-mounted solar photovoltaic installations, including appurtenant structures and parking areas, setbacks shall be at least 100 feet from any property boundary; the minimum setback areas are not included in the calculation of the five-acre maximum specified in this bylaw. The height of a large-scale ground-mounted solar photovoltaic installation or any appurtenant structure shall not exceed 20 feet.
(6)
Appurtenant structures. All 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.
(7)
Design and performance standards.
(a)
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 cutoff fixtures to reduce light pollution.
(b)
Signage. Signs on large-scale ground-mounted solar photovoltaic installations shall comply with § 200-8.4 of this bylaw. A sign consistent with the bylaw shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number. Solar electric installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar electric installation.
(c)
Utility connections. Reasonable efforts, as determined by the Planning Board, shall be made to place all utility connections 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 the ground if required by the utility provider.
(d)
Roads. Access roads shall be constructed to minimize grading, removal of stone walls or street trees, and minimize impacts to environmental or historical resources.
(e)
Control of vegetation. Herbicides may not be used to control vegetation. Mowing or the use of pervious pavers or geotextile materials underneath the solar array are possible alternatives.
(f)
Hazardous materials. Hazardous materials stored, used, or generated on site shall not exceed the amount for a very small quantity generator of hazardous waste as defined by the DEP pursuant to MassDEP regulations 310 CMR 30.000 and shall meet all requirements of the DEP, including storage of hazardous materials in a building with an impervious floor that is not adjacent to any floor drains to prevent discharge to the outside environment. If hazardous materials are utilized within the solar electric equipment, then impervious containment areas capable of controlling any release to the environment and to prevent potential contamination of groundwater are required.
(g)
Noise. Sound or noise levels may not exceed 50 dBA at the boundary of the property.
(h)
Safety and environmental standards.
[1]
Emergency services. The large-scale ground-mounted solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Northfield 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.
[2]
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 this bylaw.
F.
Monitoring, maintenance, and reporting.
(1)
Solar photovoltaic installation conditions. 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 local Fire Chief and Emergency Medical Services. The owner or operator shall be responsible for the cost of maintaining the solar electric installation and any access road(s), unless accepted as a public way.
(2)
Modifications. All material modifications to a large-scale ground-mounted solar photovoltaic installation made after issuance of the required building permit shall require approval by the Planning Board.
(3)
Annual reporting. The owner or operator of the installation shall submit an annual report which certifies compliance with the requirements of this bylaw and the approved site plan, including control of vegetation, noise standards, and adequacy of road access. The annual report shall also provide information on the maintenance completed during the course of the year and the amount of electricity generated by the facility. The report shall be submitted to the Selectboard, Planning Board, Fire Chief, Emergency Management Director, Building Inspector, Board of Health, and Conservation Commission (if a wetlands permit was issued) no later than 45 days after the end of the calendar year.
G.
Abandonment or decommissioning.
(1)
Removal requirements. Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned as set forth below 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.
(2)
Decommissioning shall consist of:
(a)
Physical removal of all large-scale ground-mounted solar photovoltaic installation 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 revegetation 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.
(3)
Abandonment.
(a)
Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, an installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board.
(b)
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 retains the right, after the receipt of an appropriate court order or written consent of the owner, to enter and remove an abandoned, hazardous, or decommissioned large-scale ground-mounted solar photovoltaic installation. As a condition of site plan approval, an applicant shall agree to allow entry to remove an abandoned or decommissioned installation. The costs for the removal will be charged to the property owner in accordance with the provisions of MGL c. 139, § 3A, as a tax lien on the property.
H.
Financial surety. Applicants for large-scale ground-mounted solar photovoltaic installations shall provide a form of surety, either through escrow account, bond, or other form of surety approved by the Planning Board, 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 project 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.