7.1.1 Lot dimensions. A dwelling, building or other structure hereafter erected in any district shall not be located on a lot having less than the minimum requirements, and no more than one dwelling shall be built on any lot, except as hereinafter provided and no lot, or the building or buildings thereon, shall be changed in size so as to violate the provisions of this ordinance with respect to size of lots or yards.

7.1.2 Recorded lots. A lot or parcel of land having an area of frontage of lesser amounts than required on the following schedule of dimensional controls may be considered as coming within the area and frontage requirements of this section provided such lot or parcel of land was shown on a plan or described in a duly recorded deed or registered at the time of adoption of this ordinance and did not at the time of adoption adjoin other land of the same owner available for use in connection with such lot or parcel.

Any increase in the area, frontage, width, depth of yard requirements of this ordinance shall not apply to a lot for single- and two-family residential use which at the time of recording or endorsement, whichever occurs sooner, was not held in common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirement but at least 5,000 square feet of area and 50 feet of frontage. The provisions of this paragraph shall not be construed to prohibit a lot being built upon if at the time of the building, building upon such lot is not prohibited by this ordinance.

7.1.3 Front yard dimensions. The minimum front-yard dimensions required in subsection 7.2 Schedule of Dimensional Regulations are to be measured from the street line where a plan of the street is approved and on file with the planning board or with the registry of deeds to the minimum front yard depth, or in the absence of such a plan, from a line 25 feet from and parallel with the center line of the traveled right-of-way.

7.1.4 Height limitation. The limitation on height of buildings and structures in the Schedule of Dimensional Regulations (section 7.2) shall not apply in any district to chimneys, ventilators, skylights, solar panels, tanks, bulkheads and other accessory features usually carried above roofs, nor to towers or spires of churches and other buildings, if such features are in no way used for human habitation. In addition to the foregoing, in business and industrial districts, the limitation on height shall not apply to such features as water tanks, which shall be at every point sixty (60) feet back from the center line of any street and shall not cover more than 25% of the area of the building.

In all zoning districts, stone, masonry, reinforced concrete, steel sheet piling or other approved materials used for retaining walls over ten (10) feet in height shall be designed by a professional engineer, according to the Massachusetts State Building Code, and approved by the special permit granting authority designated as follows:

A.

In all zoning districts, walls at least ten feet in height and less than 20 feet in height shall be designed by a professional engineer according to the Massachusetts State Building Code.

B.

In all zoning districts, walls twenty feet in height or greater shall be designed by a professional engineer and a special permit shall be required from the SPGA.

7.1.5 Location and height limitations of accessory structures and uses.

A.

Location: Accessory structures and uses may be located within the side or rear yards required herein. No accessory building or structure, except a sign, shall be located on a front yard.

B.

Setbacks: No accessory structure shall be closer than six feet to a primary structure. No accessory structure shall be closer than five feet from a side or rear line of a lot. On lots larger than 10,000 square feet, no accessory structure larger than 120 square feet shall be located closer than ten feet from a side or rear line of a lot.

C.

Height: In any R1 R1A, R1B, or R2 zone the height of any accessory structure covered by a pitched roof may not exceed twenty (20) feet at the highest point, and the height of any accessory structure covered by a flat roof may not exceed 12 feet at the highest point. Accessory structures may include a second story to be used only for storage.

(Amended 3-28-2013)

D.

Uses: Such accessory structures shall not include habitable space or separate electrical meters. Such accessory structures shall not include interior plumbing except for accessory structures maintained as pool cabanas.

E.

Pool cabanas: Not withstanding the foregoing, a pool cabana with plumbing may be maintained as an accessory structure in residential zones, provided that a building permit has been issued for a swimming pool on the property. Pool cabanas may be no larger than 120 square feet, and are otherwise subject to setback and height restrictions as described above. Accessory structures maintained as pool cabanas may consist of storage space to house pool equipment, dressing rooms, and/or bathrooms. A building permit is required for the construction of a pool cabana with plumbing.

F.

Lot coverage: Accessory structures shall not exceed five percent of rear setback area or 500 square feet in area, whichever is smaller. Swimming pools are not considered to be accessory structures for the purpose of area calculation.

(Amended 3-28-2013)

7.1.6 Temporary outdoor storage containers. A temporary outdoor storage container shall be properly maintained so as not to create a safety hazard to abutting properties, motorists or to the general public. A safety hazard shall be defined such as a structural deficiency or a visual obstruction that may cause an injury to a member of the general public. A temporary outdoor storage container may remain on any lot within any residential zoning district for a period not more than 90 consecutive days, which can be renewed for an additional 90 days at the discretion of the building commissioner. Not more than two temporary outdoor storage container permits can be issued within 365 days.

No building or structure in any district shall be located, constructed, changed, enlarged or permitted and no use of premises in any district shall be permitted which does not conform to the dimensional controls set forth herein.

DIMENSIONAL CONTROLS

Footnotes to schedule:

(a)

In the case of a corner lot, any yard parallel to a street shall be considered a front yard.

(b)

In B-H, B-N, G-B, I-L and I-P Districts, the depth of the front yard shall be measured from the property line.

(c)

In areas adjacent to a residence district, the minimum yard shall be one hundred (100) feet. This requirement supersedes all other yard and set-back distances affecting the regional-business district.

(f)

For individual mobile home parcels. A minimum of 20 feet shall be required between mobile homes, and at least 10 of that 20 feet shall Be landscaped. Furthermore, structures associated with a mobile home park shall not be located within 50 feet of any property line or boundary line of a residence district.

(g)

Reserved.

(h)

Setbacks for all uses except access include the following:

100 feet from Route 1 and residential abutters;

50 feet from District Access Road R.O.W.; and

30 feet from other property lines.

(i)

Setbacks for all uses except access include the following:

100 feet from Route 1 and residential abutters;

40 feet from District Access Road R.O.W.; and

30 feet from other property lines.

(j)

Maximum density is 15 independent living units per acre. This calculation shall not include any assisted living units, nursing home units or medical beds, or any other uses that may be contained within the CCRC.

(k)

No parking area or vehicular circulation shall be nearer than 20 feet to the any lot line.

(l)

For all 100% residential structures, the maximum lot coverage shall be 50%.

(m)

At no point between the frontage line and principal structure shall the lot be narrower than seventy-five (75) per cent of the required lot frontage.

(Amended 3-28-2013)

7.3.1 Where a business or industrial district adjoins a residence R-1, R-1A, R-1B, R-2, R-3, R-4, or R-5 District, the side yard requirement of the residence district, if more restrictive than that of the business or industrial zone, shall apply to all buildings in the business or industrial districts that are located within 100 feet of the boundary line between the districts.

7.3.2 The determination of construction type for purpose of height limitations shall be based upon definitions of the National Board of Fire Underwriters.

7.3.3 Portions of a lot, developed for multi-family dwellings which are not occupied by buildings or structures, and not used for off-street vehicular parking, walks or interior access roads, shall be landscaped. All landscaped areas, including lawns, trees, shrubs and other plantings shall be properly maintained in a sightly and well-kept condition.

7.3.4 Open space required in business or industrial districts shall be provided in the rear, or in part of the sides, so as, in the opinion of the building inspector, to insure the adequate lighting and ventilating of the building and access in case of fire.

7.3.5 Steps, roofs over steps and/or windows, open or lattice enclosed fire escapes and bay windows which do not project over 4 ½ feet beyond the foundation line, which do not exceed more than 25 square feet, may extend beyond the minimum yard regulations otherwise provided for the district in which the structure is built.

7.3.6 Where an MH district adjoins any other district the side-yard requirements of the adjoining district, where more restrictive than the MH district, shall apply to the mobile home parks and to that portion of any mobile home parcel which adjoins the zoning district boundary line.

7.3.7 In I-P districts a building may be built so long as it is no nearer than 150 feet from a property line in a residential area, and railroad tracks may be constructed from a rail facility so that they are no nearer than 100 feet from the property line in a residential area and yard.

7.3.8 All bulkheads, and chimneys which project no more than 24 inches beyond the foundation line, may extend beyond the minimum side yard and rear yard regulations for the district in which the structure is built. (See yard definition in section 2.0 definitions.)

7.3.9 An open deck built as an addition to a house may encroach into the rear setback by as much as 30% of the size of the required setback without requiring a variance. Any persons requesting that a deck extend into the side setback shall require a variance.

(Amended 3-28-2013)

7.3.10 Educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination or by a non-profit educational corporation, provided, however, that all lots, structures or uses shall be subject to the following dimensional criteria in the single-family (R-1; R-1A; and R1B) districts:

A.

Maximum height as defined in section 7.2 shall be 30 feet.

B.

Minimum lot area as defined in Section 7.2 shall be R1 - 20,000 s.f.; R1A - 15,000 s.f.; and R1B - 10,000 s.f.

C.

Minimum frontage as defined in Section 7.2 shall be R1 - 125 ft; R1A - 125 ft; and R1B - 100 ft.

D.

Minimum yard depths as defined in Section 7.2 shall be R1 - 25 feet (front), 20 feet (side), and 35 feet (rear); R-1A - 20 feet (front), 15 feet (side), and 35 feet (rear); R1-B - 25 feet (front), 20 feet (side), and 35 feet (rear). Additionally, a landscaped buffer zone shall be required comprising at least 50% of the minimum side yard and rear yard.

E.

Driveway widths shall be limited to 40 feet maximum.

F.

Sufficient off-street parking shall be provided so that no vehicle will be required to park on any street.

A day care center as defined in MGL Chapter 28A, Section 9 shall be allowed in all zoning districts provided that:

A.

The structure and the lot containing such facility shall meet the dimensional zoning requirement for the district in which the structure is located unless the structure is a legally pre-existing, non-conforming building or structure;

B.

The structure containing such facility and the facility itself shall meet all applicable local, state and federal requirements;

C.

The fire alarm shall be installed and tested by a qualified electrician or alarm company pursuant to the Massachusetts State Building Code, latest edition, and National Fire Protection Association standards; test certification shall be submitted to the inspector of buildings and the fire chief with periodic testing done at intervals specified by the fire chief;

D.

The fenced outdoor play area shall be set back a minimum of ten feet from any abutting land in single residence use;

E.

One off-street parking space shall be provided for every paid and unpaid employee, not resident on the premises, so that there is no on-street parking by employees;

F.

Off-street drop off and pick up area shall be provided at a ratio of one space for every 3 children, unless drop off and pick up area can lawfully be provided on a street abutting the lot;

G.

Off-street parking areas devoted to the parking of five or more vehicles shall require a site perimeter landscape buffer as defined in section 10.7; and

H.

A day care center located within a residence district shall not exceed a floor area of 2,500 square feet.

7.5.1 No part of any such establishment shall be located within 100 feet of any residence district.

7.5.2 Such uses, including vehicle storage areas, shall be screened from adjoining properties in residential districts by plantings or other suitable material.

7.5.3 Tanks, piping or other storage facilities, when unenclosed and above ground, shall be screened from view from the street and neighboring properties.

7.5.4 Entrances or exits for vehicles shall not be within 200 feet as measured along the same street frontage of a school, playground, church or related facility, library, museum, hospital or nursing home.

No building for the sale of alcoholic beverages shall be permitted within 200 feet of a residential district, measured along the same street frontage, or within 500 feet similarly measured, of the property line of public or private school, church, a library other than Peabody Institute Library, park or playground.

No automobile service station shall be permitted within 200 feet of a residence district, measured along the same street frontage, or within 400 feet similarly measured, of the property line of a public or private school, church, library, park or playground. Fueling pumps or other accessory use shall not be permitted in the setback area unless a variance is granted.

There shall be sufficient off-street area to allow the forming of vehicular funeral processions without interference with normal traffic circulation on adjacent streets. The area available for this purpose shall not be less than 10,000 square feet.

7.9.1 Purpose. The purpose of this section is to accommodate the communication needs of residents and businesses while protecting the public health, safety and general welfare of the community; to regulate the permitting and installation of communication antennae, structures, buildings and appurtenances in order to:

A.

Facilitate the provision of wireless telecommunications services to the residents and businesses of the city;

B.

Minimize "adverse visual effects" of towers and antennae through careful design and siting standards;

C.

Avoid potential damage to adjacent properties from tower or other structure failure through structural standards and setback requirements;

D.

Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunications antennae in order to reduce the number of towers needed to serve the community; and

E.

Preserve property values and the aesthetic character of Peabody.

7.9.2 Definition. For the purpose of this section:

A.

Minor wireless communication facility (WCF):

(i)

Any WCF installed on or in or attached on or to an existing building or existing WCF tower, or mast, or pole or utility transmission tower, overhead cable, smokestack, steeple, water tank or billboard together with any guy wires and/or accessory structures used in the provision of wireless communication services composed solely of antennae and ancillary telecommunications equipment which do not extend higher than ten feet above the highest point of the building or structure on which the WCF is installed OR composed solely of antennae and ancillary telecommunication equipment totally enclosed within an existing building or structure and installation of antennae and ancillary telecommunications equipment requires no major alteration to the structure.

(ii)

Replacement of any tower or pole that was previously authorized with a tower or pole which is substantially similar in design and is not greater than the same height or with a one-time increase in height of not more than ten feet.

B.

Major wireless communication facility (WCF):

(i)

A new, ground-based WCF tower, or mast, or pole or utility transmission tower, or other similar structure together with any guy wires and/or accessory structures used in the provision of wire less telecommunication services.

(ii)

Any other WCF that is not a minor WCF.

7.9.3 Special permit granting authority. The city council shall be the special permit granting authority for the review of any major WCF. The building commissioner shall be the permit granting authority through the building permit process for all existing minor WCFs.

7.9.4 Use regulations. All applicants seeking approval for a WCF shall further comply with the following:

A.

All WCF shall require a building permit in all cases.

B.

All applicants must demonstrate that the proposed WCF is necessary in order to provide adequate service to the public.

C.

A licensed carrier must be either the applicant or a co-applicant.

D.

All WCF shall be located so as to minimize adverse visual effects on the landscape.

E.

All applicants shall have the burden of proving that a good faith effort has been made to co-locate, and that it is not feasible to locate on an existing structure. Failure to meet this burden shall be grounds for denial of the application.

F.

To the extent lawful and feasible, all service providers shall co-locate on a single tower, provided that if this is an existing structure, the applicant shall demonstrate that the additional equipment and/or installation thereof will not compromise the stability, safety or structural integrity of said structure. The applicant shall submit documentation of the legal right to install and use the proposed facility mount.

G.

New ground-mounted towers, facilities or structures shall be considered only upon a finding by the city council that existing or approved facilities or structures cannot accommodate additional wireless communications equipment as proposed.

H.

New ground-mounted towers specifically built for communications purposes shall be designed to structurally accommodate the maximum number of foreseeable users (within a ten-year period) technically practicable. The applicant is required to document all co-location tenants and provide a tower design indicating types and locations of all facilities.

7.9.5 Height limit.

A.

The height limit for a WCF shall be 50 feet above the pre-construction natural grade for all WCFs, regardless of zoning district.

B.

A minor WCF attached to pre-existing buildings or support structures or utility poles, which are otherwise in compliance with this ordinance, may be mounted not more than ten feet above the highest point of an existing building or structure on which the WCF is installed.

C.

WCFs may locate on a building that is legally non-conforming with respect to height, provided that the facilities do not project above the existing building height.

D.

WCFs may locate on a utility transmission tower in a residential zone only if installation on any such utility transmission tower does not extend greater than five (5) feet above the utility transmission tower.

7.9.6 Setbacks.

A.

All WCFs and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. Any guy wires, anchors or any part of the structure will be considered part of the WCF and must meet the required setbacks.

B.

In order to ensure public safety, all WCFs shall comply with the following

(i)

The minimum distance from the base of every WCF to any property line or road shall be equal to the height of the tower plus 50 feet including any antennae or other appurtenances.

(ii)

The minimum distance from the base of every WCF shall be at least 500 feet from any residence, wetland, historic district, school, playground or recreation center, medical facility or nursing home.

C.

In the event that an existing structure is proposed as a mount for WCF, the setback provisions of the zoning district shall apply. In the case of pre-existing, non-conforming structures, WCFs and their equipment shelters shall not increase any non-conformity.

7.9.7 Fencing. All ground level components including but not limited to, antenna support structures, equipment enclosures and back-up power supplies shall have an eight-foot high secure fence surrounding the perimeter of the antenna support structure, which fence shall also be included in the setbacks. Access shall be through a locked gate.

7.9.8 Visibility/camouflage.WCFs shall be camouflaged as follows:

A.

Camouflage of WCF components mounted on or to existing buildings and structures:

(i)

When a WCF extends above the roof height of a building on which it is mounted, every effort shall be made to conceal every component within or behind existing architectural features to limit its visibility from public view.

(ii)

Any WCF component mounted on a roof shall be stepped back from the front façade in order to limit its impact on the building silhouette.

(iii)

WCFs that are side mounted shall blend with the existing building's architecture and, if over five square feet, shall be painted or shielded with material which is consistent with the design features and materials of the building.

B.

Camouflage by vegetation:

(i)

If WCFs are not camouflaged from public viewing areas by existing buildings or structures, or are not located on existing structures, they shall be surrounded by buffers or dense tree growth and under story vegetation in all directions to create an effective year round visual buffer.

(ii)

A major WCF shall have a vegetation buffer of 50 feet or more in width, and of sufficient height to effectively screen the facility. Trees and vegetation may exist on the subject property or installed as part of the proposed facility or a combination of both.

(iii)

The applicant shall submit a landscape design determining the types of trees and plant materials and depth of the needed buffer, based upon site conditions and the height of the proposed tower. To the extent that any WCF extends above the height of the vegetation immediately surrounding it, it shall be painted in a light gray or light blue hue that blends with sky and clouds.

7.9.9 Strength of structure. Any WCF structure or component shall be able to withstand sustained winds of 140 mph.

7.9.10 Lighting. Towers or masts shall not be illuminated except as required by the FAA or other applicable federal or state agencies.

7.9.11 Radio frequency emissions. An approval letter issued by the Massachusetts Department of Public Health stating compliance of the proposed WCF with maximum radio frequency emission standards shall be required before any permit is issued.

7.9.12 Testing. All WCFs shall be tested annually at the owner's expense by an independent professional technician. The results of the test shall be completed and submitted to the board of health no later than the anniversary of the date of the initial permit approval. All tests as required by the FCC or the Commonwealth of Massachusetts shall be sent to the board of health. In the event that state and federal standards are not met, including but not limited to FCC guidelines and Massachusetts Department of Public Health Regulations, the WCF shall cease to operate immediately until such time as such WCF passes such standards, as detailed in a subsequent written report of the independent technician.

7.9.13 Noise. No WCF shall emit noise greater than 50 decibels as measured from the base of the facility. Any violation of this excessive noise provision must be corrected within five business days of notice to the provider. The building commissioner shall immediately report any failure to correct such excessive noise violation to the city council.

7.9.14 Modifications. Any major additions and alterations affecting permits issued under the terms of this ordinance shall be subject to review by the permit granting authority and shall require an amendment to the special permit, pursuant to a public hearing.

7.9.15 Change in ownership. Any change in ownership of the WCF must be submitted to the city council within 90 days.

7.9.16 Abandonment and disassembly. Any WCF which becomes damaged to the extent of becoming a public hazard, and/or for which a permit has expired or been revoked, or which ceases to operate for a year or more shall be considered abandoned and must be disassembled and the site fully restored to its former condition, excepting vegetation, at the direction of the building commissioner and at the expense of the owner/operator.

7.9.17 Bond. Prior to the issuance of a building permit for a major WCF, the applicant shall post and submit a bond or other financial surety acceptable to the city in an amount sufficient to cover the cost of demolishing and/or removing the facility. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. In the event that the posted amount does not cover the cost of demolition and/or removal, the city may place a lien upon the property covering the difference in cost.

7.9.18 Exceptions. This ordinance shall not apply to an amateur radio or television antenna not licensed for any commercial purpose, or a tower or antenna erected by the City of Peabody, state or federal government for a public safety communication purpose.

7.10.1 Traffic visibility across corners. In any district where a front yard is required, no fence, planting or other structure shall be maintained between a plane four feet above curb level and a plane seven feet above curb level, so as to insure traffic visibility across the corner within that part of the required front or side yard which is within a triangle bounded by the street lot lines and a straight line drawn between points on each such lot line 25 feet from the intersection of said lot lines or extension hereof.

(Amended 3-28-2013; Amended 12-08-2016)

7.10.2 Traffic visibility setback for side by side driveways. In residential districts where a lot line is also the boundary between two driveways, no fence, planting, wall or similar barrier shall be more than three feet high for the first sixteen feet of the fence, measured from the front lot line of the property with the driveway in question.

(Amended 12-8-2016)

A.

Purpose.

1.

This section promotes 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 for providing 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.

B.

Applicability.

1.

This section applies to large-scale (650 kW-DC or greater), ground-mounted solar photovoltaic installations proposed to be 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.

C.

District established.

1.

A ground-mounted solar photovoltaic overlay district (GMSPOD) is hereby established, and shall be considered as superimposed over all other districts established by this zoning ordinance pursuant to section 3, and is shown as an overlay on the official zoning map established pursuant to 3.3, zoning map.

D.

Definitions.

1.

These definitions shall apply to section 2 exclusively:

a.

"Ground-mounted solar photovoltaic installation."

b.

"Off-grid system."

c.

"Rated nameplate capacity."

d.

"Special Permit siting."

E.

Application and review.

1.

Ground-mounted, large-scale solar photovoltaic installations with 650 kW-DC or larger of rated nameplate capacity shall undergo site plan review pursuant to section 12 (Site Plan Review), prior to construction, installation or modification as provided in this section. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts. Deference is to be afforded to the use herein subject to reasonable regulation per GL c 40A, §3 and §9B "Solar Access."

2.

Required documents. In addition to the requirements of section 12, Contents of site plan, the project proponent shall provide the following documents:

a.

A site plan showing:

(1)

Property lines and physical features, including 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, and inverter;

(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;

(9)

Documentation of actual or prospective access and control of the project site. (See also Subsection G below.), specifically including but not limited to all licenses and sublicenses, and any payment in lieu of taxes agreements;

(10)

An operation and maintenance plan (See also subsection H below.);

(11)

Zoning district designation for the parcel(s) of land comprising the project site (submission of a copy of a zoning map with the parcel(s) identified is suitable for this purpose);

(12)

Description of financial surety that satisfies subsection N.3 below.

F.

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. This shall be subject to site plan review.

G.

Operation and maintenance plan. The project proponent shall submit a plan for the operation and maintenance of the ground-mounted solar photovoltaic installation, which shall include specific measures for maintaining safe access to the installation, a storm water management plan, and general procedures for and frequency of operational maintenance of the installation.

H.

Utility notification. No ground-mounted solar photovoltaic installation shall receive a building permit until an executed interconnect agreement with Peabody Municipal Light Plant has been submitted to the building commissioner. Off-grid systems are exempt from this requirement. Nothing in this zoning ordinance shall be construed as permitting the sale of output of such facilities to anyone other than the Peabody Municipal Light Plant.

I.

Dimensional requirements. Ground-mounted solar photovoltaic installations are subject to the front, side and rear yard setbacks as set forth in the underlying zoning district(s).

J.

Design standards.

1.

Lighting. Lighting of solar photovoltaic installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as accessory structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties.

2.

Signage. Signs on large-scale, ground-mounted solar photovoltaic installations shall comply with section 11, Signs. A sign 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.

3.

Accessory structures. All structures accessory to 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. To avoid adverse visual impacts, all such accessory structures, including but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other, multiple accessory structures shall be clustered to the greatest extent feasible and views of such structures to residential properties and roadways shall be screened with landscaping. Perimeter security fencing shall be required for all installations.

K.

Utility connections. Reasonable efforts, as determined by site plan review, 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 Peabody Municipal Light Plant. Electrical transformers for utility interconnections may be above ground if required by the Peabody Municipal Light Plant.

L.

Safety and environmental standards.

1.

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 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 bylaws.

M.

Monitoring and maintenance.

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 site plan review. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation.

(2)

Modifications. All material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require site plan review approval.

N.

Abandonment or decommissioning.

1.

Removal requirements. Any large-scale, ground-mounted solar photovoltaic installation which has been decommissioned or abandoned consistent with 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 Building Commissioner 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 re-vegetation of the site as necessary to minimize erosion. The building commissioner may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

2

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 or fails to operate as provided for in a power purchase agreement with the Peabody Municipal Light Plant. 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 180 days of abandonment or the proposed date of decommissioning, the city may enter the property and physically remove the installation, unless otherwise provided pursuant to a power purchase agreement with the Peabody Municipal Light Plant.

3.

Financial surety. Proponents of large-scale, ground-mounted solar photovoltaic projects shall provide a form of surety, either through escrow account or bond to cover the cost of removal and disposal in the event the city must remove the installation and remediate the landscape, in an amount and in a form acceptable to the city solicitor 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 pro rating removal costs as they may be affected by inflation or changes to disposal regulations. This provision shall not apply to projects pursuant to which 100 percent of the output is purchased by the Peabody Municipal Light Plant.