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Palmer City Zoning Code

ARTICLE XXIII

Large-Scale Ground-Mounted Solar Photovoltaic Installations

[Added 1-14-2011 by Ord. No. 2011-02; amended 7-10-2017 by Ord. No. 2018-01; 4-9-2018 by Ord. No. 2018-04;[1] 4-8-2019 by Ord. No. 2019-05]
[1]
Editor's Note: Ord. No. 2019-02, adopted 9-10-2018, imposed a temporary moratorium on the acceptance of new applications for site plan approval for large-scale ground-mounted solar photovoltaic installations.

§ 171-106 Purpose; definitions; approval procedures; siting and design standards.

A. 
Purpose; applicable standards.
(1) 
The purpose of this section 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.
(2) 
The provisions set forth in this section shall apply to the construction, operation, and/or repair of large-scale ground-mounted solar photovoltaic installations.
(3) 
Large-scale ground-mounted solar photovoltaic installations shall be subject to a special permit and site plan review as specified in §§ 171-26 and 171-27 of this chapter, Chapter 118, Stormwater Management, Article I, Large Development Projects, and in accordance with the additional requirements specified herein.
B. 
Other types of installations.
(1) 
Small-scale roof-mounted installations.
(a) 
Small-scale ground-mounted and roof-mounted solar photovoltaic installations shall not be erected, constructed, installed or modified without first obtaining a building permit from the Palmer Building Inspector.
(b) 
All small-scale ground-mounted systems shall meet the minimum setbacks of the applicable zoning district, shall be installed either in the side yard or rear yard and shall be subject to the requirements of Chapter 118, Stormwater Management, Article II, Small Development Projects, of the Code of Ordinances.
(2) 
All large-scale roof-mounted and solar parking canopy systems shall be subject to site plan review as specified in § 171-27 of this chapter, and the requirements of Chapter 118, Stormwater Management, Article I, Large Development Projects, of the Code of Ordinances.
(3) 
Solar parking canopies shall meet, at a minimum, all dimensional requirements as shown in § 171-32, Table of Dimensional and Density Regulations. Roof-mounted shall be within the perimeter of a building's roof outline.
C. 
Applicability. This section applies to large-scale ground-mounted solar photovoltaic installations constructed after the effective date of this section. This section also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment throughout the useful life of the system or where alterations may impact abutters.
D. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AGRICULTURAL SOLAR TARIFF GENERATION UNIT
Also known as "agrivoltaics"; co-developing the same area of land for both solar photovoltaic power as well as for agriculture. A solar tariff generation unit located on land in agricultural use or prime agricultural farmland that allows the continued use of the land for agriculture meeting the requirements of 225 CMR 20.00.
ANCILLARY USE
A use which is customarily incidental, subordinate to, and supporting of the principal use of a lot or structure and is located on the same parcel or contiguous parcels as the principal structure or use. In conjunction with Subsection E of this section, large-scale photovoltaic installations may be rooftop installations or solar parking canopy installations over parking lots or other hardscaped areas.
LARGE-SCALE GROUND-MOUNTED SOLAR DUAL-USE SYSTEM
An agricultural solar tariff generation unit.
LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION
A solar photovoltaic system that is structurally mounted on the ground (not roof-mounted) having a minimum nameplate capacity of 250 kW DC, including all appurtenant fencing, access driveways, drainage infrastructure, electronics and any surrounding shade management areas.
ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION
A solar photovoltaic installation that is constructed at a location where other uses of the underlying property occur.
PROJECT AREA
The project area shall consist of that area of land used for the installation of the solar panels, utility poles, appurtenant structures, fencing, entrance and interior accessways, drainage infrastructure, electronics, and any surrounding shade management areas.
RATED NAMEPLATE CAPACITY
The maximum rated output of electric power production of the photovoltaic system in direct current (DC).
ROOF-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION
A solar photovoltaic system that is structurally mounted to the roof of a building.
SMALL-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION
A solar photovoltaic system that is structurally mounted on the ground (not roof-mounted) and has less than a minimum nameplate capacity of 250 kW DC.
SOLAR PARKING CANOPY
An elevated structure that hosts solar panels installed over parking lots or other hardscape areas; also may be called a "solar carport installation."
SOLAR PHOTOVOLTAIC ARRAY
An arrangement of solar photovoltaic panels.
E. 
General siting standards.
(1) 
Lot and siting requirements.
(a) 
Large-scale ground-mounted solar photovoltaic installations shall be permitted on parcels larger than five acres located within the Rural Residential District and within the General Business District on parcels larger than 30 acres and having a minimum lot frontage of 250 feet. Installations within the Industrial A, B, and Urban Renewal Industrial Park District and within the Highway Business and General Business Districts shall be roof-mounted, parking canopy or ground-mounted as an ancillary use to an allowable use only.
(b) 
Large-scale ground-mounted solar photovoltaic installations shall be prohibited on any parcels located in the "Sending Overlay Zone" as shown on the Transfer of Development Rights Map, dated September 12, 2006.[1]
[1]
Editor's Note: See Art. XX, Transfer of Development Rights.
(c) 
Large-scale ground-mounted solar photovoltaic installations are prohibited to cover areas identified as having land areas containing prime farmland soils and/or farmland soils of statewide importance by the Natural Resources Conservation Service. Parcels having areas with these soil types may be covered by a large-scale ground-mounted solar dual-use system only.
(d) 
Large-scale ground-mounted solar dual-use system. All development on prime farmland shall adhere to the construction performance standards outlined in the SMART program. A certification from a professional engineer that the construction of the solar tariff generation unit complies with the Solar Massachusetts Renewable Target Program (225 CMR 20.00), Guidelines Regarding the Definition of Agricultural Solar Tariff Generation Units, dated April 26, 2018, as updated and amended, shall be required.
(e) 
Project generation size shall not exceed 5MW AC. The solar array shall be constructed with the most efficient and environmentally safe panel technology available on the market.
(f) 
Large-scale ground-mounted solar photovoltaic installations shall not be accessed through a common driveway.
(2) 
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.
(3) 
Setbacks.
(a) 
For large-scale ground-mounted solar photovoltaic installations, the project area shall have a minimum front yard setback of 250 feet and be set back a minimum of 100 feet from all other property lines. The 100-foot setback may be waived or reduced in all districts when abutting railroad tracks or the Massachusetts Turnpike upon Planning Board approval where site conditions allow for a reduced setback without a negative impact on screening.
(b) 
Location of the entrance road and all utility poles shall be centered within the lot's frontage so as to meet the minimum 100-foot side yard setbacks.
(4) 
Vegetated buffer and landscaping.
(a) 
Unless reduced per Subsection E(3)(a), a minimum 100-foot vegetated buffer shall encompass the project area. This area shall meet all applicable requirements of § 171-79B(3), General Landscaping 3 for business abutting residential areas. This buffer shall not be managed, maintained, trimmed or be subject to selective removal for purposes of additional solar gain. Driveways and utility structures may run through the front yard buffer as needed for project access, only as depicted on the approved site plan.
(b) 
Landscaping shall be provided and maintained in accordance with the site plan approved by the Planning Board.
(c) 
Every abutting property shall be visually screened from the project area through any one or a combination of the following: location, distance, plantings, existing vegetation and fencing (not to exceed six feet in height).
(d) 
If shown to be a more effective screen, a solid brick, stone, wood or black metal fence, or a planted earthen berm may be approved by the Planning Board. These additional methods may not be the dominant form of project screening.
(5) 
Balanced site. No earth material shall be removed from the site. All cuts and fills of earth material shall be balanced.
(6) 
Open space requirement.
(a) 
For all projects, a minimum area equal to the total project area must remain as natural open space for the life of the project. This land must be on the same lot and contiguous in area. This area shall be clearly depicted on the site plan.
(b) 
Watercourses, lakes, ponds, wetlands and slopes greater than 25% may not be included in open space calculations.
(c) 
The vegetated buffer may be included in the open space calculation.
F. 
Permit process, requirements and enforcement.
(1) 
Site plan and special permit review. Large-scale ground-mounted solar photovoltaic installations with 250 kW or larger of rated nameplate capacity shall undergo site plan and special permit review by the Planning Board prior to construction, installation or modification as provided in this section.
(2) 
Required documents. Pursuant to the site plan review process, the project proponent shall meet the requirements of §§ 171-26 and 171-27, as well as provide the following documents:
(a) 
A site plan prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts showing the following:
[1] 
Property lines and physical features, including but not limited to rock outcroppings, ledge, soil types, stone walls, historic features, wooded areas and major trees (caliper 12 inches or greater) and roads, for the project site;
[2] 
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;
[3] 
Blueprints or drawings of the solar photovoltaic installation signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures.
[4] 
One- or three-line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;
[5] 
Documentation of the major system components to be used, including the PV panels, mounting system, inverter, and storage systems;
[6] 
Name, address, and contact information for proposed system installer;
[7] 
Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any;
[8] 
The name, contact information and signature of any agents representing the project proponent.
(b) 
Documentation of actual or prospective access and control of the project site.
(c) 
An operation and maintenance plan [see also Subsection G(8)].
(d) 
Zoning district designation for the parcel(s) of land comprising the project site.
(e) 
Proof of liability insurance.
(f) 
Description of financial surety that satisfies Subsection H(3).
(g) 
Landscape plan prepared by a certified landscape architect.
(h) 
Landscape maintenance plan detailing the process by which plants and materials are to be maintained and replaced, when necessary.
(i) 
Visual impact analysis to include, at a minimum, a visual envelope map and/or other methods to satisfy Subsection G(9).
(j) 
A screening plan that assures the facility is shielded to the greatest extent possible from public view.
(3) 
Any portion of Subsection F(2) may be waived if, in the opinion of the Planning Board, the materials submitted are sufficient for the Board to make a decision.
(4) 
All material modifications to a solar photovoltaic installation made after final approval shall require approval by the Planning Board.
G. 
Design standards.
(1) 
Projects shall, to the greatest extent feasible, be designed to:
(a) 
Minimize the number of removed trees 12 inches' caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced.
(b) 
Locate all utility poles and connections in the least invasive location.
(c) 
Maximize pedestrian and vehicular safety when on the site and entering and exiting the site.
(d) 
Minimize obstruction of scenic views from publicly accessible locations.
(e) 
Minimize visual intrusion by proposing array placement in the least visible portion of the site.
(f) 
Minimize visual glare.
(g) 
Ensure adequate access to each structure for fire and service equipment and adequate provisions for utilities and stormwater drainage.
(h) 
Create an environmentally sensitive site design by incorporating low-impact development (LID) techniques.
(2) 
Grades.
(a) 
Ground-mounted solar installations, including access driveways and any associated drainage infrastructure, shall not be located on original grades in excess of 15%.
(b) 
All access roads and private ways shall have a final grade of no more than 8%.
(3) 
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.
(4) 
Signs and advertising. Signs on large-scale, ground-mounted solar photovoltaic installations shall comply with Article XVII, § 171-80, of this chapter. A sign consistent with this section shall be required to identify the owner and provide a twenty-four-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.
(5) 
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.
(6) 
Land clearing and habitat impacts.
(a) 
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.
(b) 
Loss of forest sequestration and forest habitat. If forestland is proposed to be converted to a large-scale ground-mounted solar photovoltaic installation, the plans shall designate thereon an area of unprotected (meaning not subject to MGL c. 184, §§ 31 to 33 at time of application) land on the same lot and of a size equal to 1.5 times the total area of such installation. Such designated land shall remain in substantially its natural condition without alteration, including unauthorized (by SPGA) forestry/tree cutting, until such time as the installation is decommissioned. This area is in addition to the open space requirement as described in Subsection E(6) of this section and shall be clearly depicted on the site plan.
(c) 
Habitat restoration within the project area. To mitigate for loss of wildlife habitat, plans shall identify areas that create a wildflower meadow habitat within and immediately around the solar array and a successional forest habitat in the surrounding areas managed to prevent shading, until such time as the installation is decommissioned.
(d) 
Mitigation for loss of stone walls and/or historic features. The removal of stone walls, historic foundations or other historic land features shall be avoided. If the project area includes the removal of such features, an alternate plan shall be submitted for Planning Board review. If removal of such features is proven to be unavoidable, mitigation shall be required. Mitigation may include replication on site or off site, or may be in the form of a monetary contribution, in an amount equal to the value of replication, towards the local Conservation Trust Fund.
(e) 
Control of vegetation. Herbicides or pesticides may not be used to control vegetation or animals at a ground-mounted solar photovoltaic installation.
(f) 
A diversity of plant species shall be used and be a combination of species native to New England. Use of exotic plants, as identified by the most recent copy of the Massachusetts Prohibited Plant List maintained by the Massachusetts Department of Agricultural Resources, shall be prohibited. The establishment of invasive species due to project land disturbance shall be eliminated from the site.
(g) 
Wildflower meadow mix shall have an emphasis on supporting pollinator species. A list of plant species shall be provided to the Planning Board for approval. Recommended resources for planting lists and pollinator habitat management are as follows:
[1] 
Massachusetts Department of Agriculture Pollinator Protection Plan, https://www.mass.gov/files/documents/2017/06/zw/pollinator-plan.pdf.
[2] 
Stockbridge School of Agriculture: Pollinator Gardens, UMass with Mass State Grange, https://stockbridge.cns.umass.edu/pollinator-gardens-umass-mass-state-grange.
[3] 
Pollinator Habitat by Design, https://stockbridge.cns.umass.edu/sites/stockbridge.cns.umass.edu/files/Pollinator%20Habitat%20by%20Design.pdf; or
[4] 
Other appropriate design standards.
(7) 
Drainage and erosion control.
(a) 
Proposed stormwater management proposals shall conform to Chapter 118, Stormwater Management, Article I, Large Development Projects. In addition, surface water shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic, and will not create puddles in the paved areas.
(b) 
Plans shall be submitted to prevent the pollution of surface water or groundwater, erosion of soil during and after construction; excessive runoff, excessive raising or lowering of the water table, and the flooding of other properties. A detailed erosion and sediment control plan will be required for each development. This plan shall include overall perimeter erosion control barrier (ecb) to define the limit of work, and an internal ecb to intercept flow and prevent long surface runs of stormwater.
(c) 
Regardless of results of the hydrological stormwater model showing the contrary, solar developments shall incorporate stormwater management features to collect and manage surface runoff. At a minimum, perimeter water quality swales shall be designed to intercept stormwater from leaving the project area and direct it to a management and treatment facility (detention/retention basin). The stormwater management and treatment facility shall be sized to accommodate a fifty-year design storm event.
(d) 
To ensure proper containment and stabilization of the site during the construction phase, the following design techniques and stormwater BMPs shall be considered:
[1] 
Utilize infiltration trenches, water bar/log bars, sediment basins, and natural vegetative cover.
[2] 
Phasing of land disturbance and site grading to minimize soil exposure and mobilization.
[3] 
Provide temporary land stabilization measures for all disturbed surfaces, such as mulching, until permanent vegetated cover is established.
[4] 
Utilize temporary sedimentation basins as appropriate.
(e) 
Stormwater generated from the project area shall be prohibited from entering the public way and/or leaving the site. Design plans and mitigation measures, such as a reverse grade at entry/access roads, shall be incorporated to ensure this. These design standards and best management practices shall be reviewed for construction and final design phases, and may exceed, upon recommendation of the Planning Board's technical reviewer, those outlined in the Massachusetts Department of Environmental Protection Stormwater Management, Volume 2: Stormwater Technical Handbook, as updated or amended.
(f) 
During times of construction and post-construction where stormwater generated from the project area enters the public way, the developer shall be responsible for direct costs incurred by the Town, including but not limited to stormwater-related cleanup, sanding, salting, street sweeping or other necessary management when required for the protection of public health and safety.
(8) 
Operation and maintenance plan.
(a) 
The project proponent shall submit a plan for the operation and maintenance of the large-scale ground-mounted solar photovoltaic installation. This plan shall address how the owner or operator will maintain the facility in good condition and shall include, but not be limited to, landscape management, 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 photovoltaic installation and any access road(s), unless accepted as a public way.
(b) 
Outdoor storage of materials, equipment and debris is prohibited unless previously approved under site plan review.
(9) 
Visual impacts and glare.
(a) 
In addition to the required Visual Envelope Map in Subsection F(2), further analysis of visual impacts shall be required on parcels that, in the opinion of the Planning Board, reveal points of concern where arrays can be reasonably seen. Tools to assess the visual impacts may consist of renderings, line-of-sight studies and/or two- or three-dimensional visualizations; i.e., photo montage, video montage, animation produced through Spatial Information Systems (SIS) and Geographic Information Systems (GIS).
(b) 
The design of the installation shall consider and incorporate human-design landscape features to the greatest extent, including contextual landscape amenities that complement the physical features of the site and abutting property. Whenever reasonable, structures should be screened from view by vegetation and/or joined or clustered to avoid adverse visual impacts and be architecturally compatible with each other. Vegetation shall be varieties native to New England and a mix of deciduous and evergreen species. Planting of the vegetative screening shall be completed prior to final approval of the installation by the Town's Electrical Inspector and Building Inspector.
[1] 
The solar energy system, including all accessories and appurtenant structures, shall be designed to minimize visual impacts, including preserving natural vegetation to the maximum extent possible, blending in equipment with the surroundings and adding vegetative buffers to provide an effective visual barrier from adjacent roads and screen abutting residential properties, regardless of development status. Siting shall be such that the view of the solar energy system from locations off site shall be minimal.
[2] 
Reasonable efforts shall be made to design solar energy systems to prevent reflected solar radiation or glare from becoming a public nuisance or hazard to adjacent buildings, roadways, or properties. Such efforts may include, but not be limited to, deliberate placement and arrangement, anti-reflective materials, solar glare modeling, and screening in addition to required landscaping.
(10) 
Appurtenant structures. All appurtenant structures to large-scale ground-mounted solar photovoltaic installations shall be subject to reasonable regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. 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 blocked from view by vegetation and/or joined or clustered to avoid adverse visual impacts.
(11) 
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 outdoor environment. If any hazardous materials, including, but not limited to, lithium ion (storage batteries), are used within the solar electric equipment, then impervious containment areas capable of controlling and containing any release of hazardous materials to the environment and to prevent potential contamination of groundwater are required. A list of any hazardous materials proposed to be located on the site and a plan to prevent their release shall be provided to the Planning Board and Fire Department.
(12) 
Noise. Noise generated by large-scale ground-mounted solar energy systems and associated equipment and machinery shall conform, at a minimum, to applicable state and local noise regulations, including the DEP's Division of Air Quality noise regulations, 310 CMR 7.10.
H. 
Additional provisions.
(1) 
Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate 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.
(2) 
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 Subsection H(1) of this section 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:
(a) 
Physical removal of all large-scale ground-mounted solar photovoltaic installations, 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 in order to minimize erosion and disruption to vegetation.
(3) 
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 project proponent. 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.
(4) 
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.
(5) 
Building permit and building inspection. No large-scale solar photovoltaic installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit.
(6) 
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's or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
(7) 
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 local 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.