Plympton City Zoning Code
ARTICLE VI
General Regulations
§ 300-6.1 Signs.
A.
Intent. It is the intent of this bylaw to protect, conserve and improve the unique visual quality and historic character of the Town of Plympton while simultaneously supporting the needs of the business community. It is the intent of this section to do so by clearly regulating all signs. The following regulations have been designed to encourage modest signs of high quality which safely identify any use or occupancy of land and structures in the Town as established under site plan review.
B. ADDRESS SIGN DIRECTORY SIGN FREESTANDING SIGN HANGING SIGN HISTORICAL MARKER INDIVIDUAL LETTERS OR SYMBOLS OFF-PREMISES SIGN PROJECTING SIGN ROOF SIGN SIGN TEMPORARY SIGN TRAFFIC FLOW SIGN WALL SIGN WINDOW SIGN
Definitions. As used in this section, the following terms shall have the meanings indicated:
A sign identifying the numerical street address or property name premises.
A sign listing the tenants or occupants of a multiple-tenant structure or center.
A sign that is not attached to a building and has its own support structure.
Any sign which projects more than eight inches from a wall or facade.
A sign indicating historical information (e.g., date of construction, early owners, builders, significant events, etc.), located on residential and commercial buildings or property.
Individual letters or symbols attached to, painted, carved, engraved or projected on a surface (such as a building wall or window) shall constitute a sign.
Any sign that displays information for a use, occupant or owner not located on the premises on which said sign exists.
Any sign that is affixed to a building and that extends more than six inches beyond the surface of such building.
A sign attached to a roof of a building not extending higher than the highest point of the ridge or top of the roof.
Any word, letter, symbol, drawing, picture, design, device, article or object which advertises, calls attention to or indicates the location of any premises, person or activity; whatever its manner of composition or construction and however displayed.
A sign for special events, displayed for not more than 30 calendar days before or five days after the event.
A sign erected for the purpose of safely regulating, warning or guiding traffic.
A flat sign mounted to a wall or other vertical surface and the face of which runs parallel to a wall.
A sign which is painted on, attached to or hung within 12 inches of a window. This shall include any interior and exterior placement of a sign in relation to a window.
C.
Allowed uses of permanent signs. A sign permit shall be required for any permanent sign, unless otherwise expressly exempted herein.
(1)
Agricultural-Residential District.
(a)
The display of not more than a total of two unlighted signs, pertaining to an allowed principal or accessory use (including an allowed accessory professional office or customary home occupation or renting of rooms), provided that no individual sign shall exceed six square feet of total area, shall be allowed upon issuance of a sign permit as provided for hereunder.
(b)
No lighted sign shall be permitted in the Agricultural-Residential District.
(2)
Business and Light Manufacturing Districts.
(a)
The display of one or more signs to identify an allowed use of the premises shall be allowed upon issuance of a sign permit as provided for hereunder, provided that the total combined area of all of the signs on a building shall not exceed 50 square feet in area, including wall, roof, projecting or hanging signs.
(b)
Except as provided for below, in addition to the 50 square feet of signage allowed above (per building or total allowed for all buildings), the display of one additional freestanding sign per building, pertaining to an allowed use of the premises, shall be allowed upon issuance of a sign permit as provided for hereunder, provided that such a sign shall not exceed 25 square feet in area nor 15 feet in height.
(c)
Premises with multiple buildings, businesses or uses shall utilize a single directory sign in lieu of one or more freestanding signs. The directory sign shall not exceed 12 square feet in area per allowed use and shall not be more than 15 feet in height and shall not exceed eight feet in width.
(d)
No wall sign shall extend beyond the corners of a building or that portion of the building occupied by the allowed use, business, industry or firm advertised, nor above the roof line (peak) of the building.
(e)
No projecting or hanging sign shall extend for more than five feet away from the building, nor into any street right-of-way, nor shall a projecting or hanging sign have its bottom edge less than eight feet above the grade of land, or its upper edge higher than the top of the wall to which the sign is attached.
(f)
Illumination of signs may be allowed during business hours and for 30 minutes prior to and after regular posted (or permitted) business hours. Illumination of signs shall comply with § 300-6.9, Lighting systems and fixtures, of the Plympton Zoning Bylaw. Internally illuminated signs shall be allowed by special permit.
(3)
Industrial District.
(a)
The display of not more than two signs pertaining to each existing establishment or occupancy in a building or office shall be allowed upon issuance of a sign permit as provided for hereunder, provided that the total area of the resulting signage shall not exceed 250 square feet, and provided further that:
[1]
Only one of the signs may be freestanding and it shall not exceed 15% of the area of the building face or 60 square feet, whichever is smaller, nor 15 feet in height.
[2]
In the case of an unimproved lot, one freestanding sign not exceeding 60 square feet nor 15 feet in height shall be allowed to advertise the sale of the property.
(b)
Illumination of signs may be allowed during business hours and for 30 minutes prior to and after regular posted (or permitted) business hours. Illumination of signs shall comply with § 300-6.9, Lighting systems and fixtures, of the Plympton Zoning Bylaw. Internally illuminated signs shall be allowed only allowed by special permit.
D.
Window signs. Window signs shall not exceed more than 30% of the total area of a window.
E.
Temporary sign: allowed uses of an identification sign, which is associated with an activity of a temporary nature.
(1)
One "for sale" or "for rent" sign, not exceeding six square feet in area per side and advertising only the premises on which the sign is located. These signs shall be allowed as of right without a sign permit.
(2)
One contractor's sign, per contractor, advertising only the premises on which the sign is located while the same is actually under construction, not exceeding six square feet in area per side, provided that not more than five contractor's signs are displayed at the same time. These signs shall be allowed as of right without a sign permit.
(3)
Special event signs. Temporary signs for special events, including fairs, carnivals, holiday celebrations shall be allowed upon issuance of a sign permit as provided for hereunder, provided that they are erected in a safe manner with the permission of respective property owners and are displayed not more than a total of 30 calendar days before or five days after the event. Special event signs shall conform in size to the provisions for the underlying district in which they are displayed. Special event signs shall not be counted towards the total allotment provisions for the underlying district in which they are displayed, provided that only one sign per event shall be displayed. The Board of Selectmen may issue a special permit to allow special event signs or signs promoting community interest events and activities to be posted on Town property for periods longer than those specified above and for sizes not to exceed 32 square feet for one sign or a combined total of 50 square feet for two, or a banner.
(4)
Temporary signs pertaining to the primary agricultural, horticultural and floriculture use of the premises for seasonal purposes (e.g., farm stands and similar products for sale) may be displayed upon issuance of a sign permit as provided for hereunder, in accordance with MGL c. 40A, § 3.
F.
Exemptions. The following signs shall be allowed as of right without a sign permit:
(1)
Multiple displays of No Trespassing, Hunting, Fishing and similar signs shall be allowed as of right without a sign permit in any district, provided that any such sign so displayed shall not exceed two square feet in area.
(2)
Street numbers (used to identify the physical location of the property) shall be allowed as of right without a sign permit, in any district, provided that no such number shall exceed two square feet in area.
(3)
An unlimited number of directional signs for traffic and safety purposes shall be allowed as of right without a sign permit, provided that no such sign shall exceed three square feet per sign and no such sign shall contain advertising or information other than for traffic and safety purposes, and provided that each sign shall be safely displayed and shall not hinder safe traffic.
(4)
Any sign owned by the Town of Plympton and located on Town property shall be allowed as of right without a sign permit, provided that any such sign shall be approved by the Board of Selectmen.
(5)
An historical marker shall be allowed as of right without a sign permit and shall not count against the total number of signs or the sign square foot limit allowed within the zoning district of which the sign is mounted, provided that said sign has been approved for display and placement by the Historical Commission. The Historical Commission reserves the right to adopt regulations or policies in regard to historical markers.
(6)
Political signs shall be allowed as of right without a sign permit, in any district, provided that they conform in size to the provisions for the underlying district in which they are displayed, are displayed not more than a total of 30 calendar days before or five days after the event, and provided that only one sign per candidate and per issue shall be allowed on any one premises.
(7)
Any traffic flow sign, as defined above, shall be allowed as of right without a sign permit.
G.
Prohibited signs. The following signs are expressly prohibited in all zoning districts and on all property in the Town of Plympton:
(1)
Any sign that is placed so as to impede vehicular or pedestrian traffic or otherwise impair public safety is expressly prohibited.
(2)
No sign shall be placed on or in a public way except for traffic flow signs as defined above, and any such signage shall be safely placed and maintained.
(3)
Animated or flashing signs, LED signs, exposed illuminated gas tube (such as neon), signs containing moving parts or moving lights, and non-safety signs containing reflective elements.
(4)
Illuminated features, other than approved signs, on the exterior of a building that call attention to the building, product or services available within the building.
(5)
Canopies illuminated from behind in such a way that light shines through canopy material creating the effect of an internally illuminated sign.
(6)
Any sign advertising or identifying a business or organization which is either defunct or no longer located on the premises.
(7)
Off -premises signs.
(8)
Streamers, pennants, ribbons, spinners or other similar devices that are designed to attract attention and have the capacity to distract motorists and hinder public safety; provided, however, that such devices shall be allowed by special permit in conjunction with the grand opening of a business and for 20 days thereafter.
(9)
When visible from a public way, a sign on any permanently located and/or on any mobile unit, including a trailer regularly located for fixed display, a storage tank or any similar type of container. This prohibition shall not apply to a properly registered van, panel truck, trailer or any other business vehicle that is used on a regular basis on public ways.
(10)
Any sign painted on or affixed to any tree, fence or utility pole.
(11)
Any sandwich board sign (such as A-frame or similar style).
H.
Nonconforming signs.
(1)
Any sign that received a permit prior to the Town Meeting vote of this revised bylaw (May 18, 2011), and is now out of compliance, shall not need a new permit until said permit has expired or an alteration to the sign is made, as noted in Subsection H(3) below.
(2)
Any sign that was in existence on or before May 18, 2001, and was compliant with § 300-6.1 of the zoning bylaws prior to the Town Meeting vote of this revised bylaw (May 18, 2011), may be continued, even though not conforming to the provisions of the section of this revised bylaw. Any future alteration to the sign as noted below in Subsection H(3) below shall then require a permit under the provisions of this bylaw.
(3)
Nonconforming signs shall not be altered by changing the design, wording, lighting or moving it or replacing it, except due to casualty loss and then replacement shall be identical to the original sign. Doing any of the aforementioned alterations shall trigger the immediate need for said sign to come into compliance with the provisions of this bylaw.
I.
Procedure for sign permits/special permit approval.
(1)
Measurement of sign area.
(a)
Sign measurement shall be based upon the entire area of the sign, with a single continuous perimeter enclosing the extreme limits of the actual sign surface.
(b)
For a sign painted on or applied to a building, the area shall be considered to include all lettering, wording and accompanying designs or symbols, together with any background of a different color than the natural color or finish material of the building.
(c)
For a sign consisting of individual letters or symbols attached to, painted, or carved or engraved on a surface, building wall, or window, the area shall be considered to be that of the smallest rectangle or other shape which encompasses all of the letters and symbols.
(d)
The area of supporting framework (for example, brackets, posts, etc.) shall not be included in the area if such framework is incidental to the display.
(e)
When a sign has two or more faces, the area of all faces shall be included in determining the area, except where two faces are placed back to back and are at no point more than one foot from each other. In this case, the sign area shall be taken as the area of either face, and if the faces are unequal, the larger shall determine the area.
(2)
Sign permits.
(a)
No sign, unless otherwise exempted above, shall be erected, displayed, altered or enlarged until a sign zoning permit for such action has been issued by the Planning Board. Applications shall be on forms prescribed by the Planning Board. At a minimum, all applications shall include a scale drawing specifying dimensions, materials, illumination, letter sizes, color, support systems, and location on land or buildings with all relevant measurements. Sign permits shall be issued only if the Planning Board determines that the sign complies with all applicable provisions of this Sign Bylaw.
(b)
The Planning Board shall act on any sign permit application by majority vote within 30 days of receipt of such an application without holding a public hearing.
(c)
A fee, no less than $100, as set from time to time by the Planning Board, shall be imposed, and failure to pay the required fee shall be a basis upon which to deny the sign permit.
(3)
Duration of permits. The Planning Board may limit the duration of any sign permit and may condition said permit upon continued ownership or operation of the business advertised upon the sign.
(4)
Enforcement. The Zoning Enforcement Officer is hereby authorized to enforce this bylaw. The Zoning Enforcement Officer is authorized to order the repair or removal of any sign and its supporting structure which is judged dangerous, or in disrepair or which is erected or maintained contrary to this bylaw.
(5)
Removal of signs. Any sign which has been ordered removed by the Zoning Enforcement Officer, or which is abandoned or discontinued, shall be removed by the owner of the property within 30 days of written notice to remove. An "abandoned or discontinued sign" is a sign which identifies or provides information pertaining to a business, lessor, lessee, service, owner, product or activity which is generally not operational or which no longer exists at the premises where the sign is located, or for which no legal owner can be found. Any sign not removed within the time limit shall be deemed a public nuisance. The Town of Plympton may seek the lawful removal of the sign and the cost of said removal, including legal fees and costs, and/or storage costs shall be borne by the property owner and may be recovered by the Town, if necessary, in an action in the appropriate court. A sign or structure removed by the Town shall be held for not less than 30 days by the Town, during which period it may be recovered by the owner upon payment to the Town of the cost of removal and storage, and upon payment of any fine which may have been imposed. If not recovered within said thirty-day period, the sign or structure shall be deemed abandoned and title thereto shall be vested in the Town for disposal in any manner permitted by law.
(6)
Special permit to exceed requirements for signs. The Plympton Planning Board, acting as the special permit granting authority, may issue a special permit to exceed the number, size, and/or illumination of signs within the zoning districts of the Town. The Board's decision shall be based upon the following criteria:
§ 300-6.2 Nonconforming uses.
A.
Except as hereinafter provided, this bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing on bylaw required by MGL c. 40A, § 5, but shall apply to any alteration of a structure begun after the first notice of said public hearing to provide for its use for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent except where alteration, reconstruction, extension or structural change to a single-family or two-family residential structure or the construction of accessory building does not increase the nonconforming nature of said structure.
B.
The Board of Appeals may permit the extension of a nonconforming building, structure or use throughout the premises, the enlargement or expansion of a nonconforming use on the same or on a contiguous lot and the change of any nonconforming use, provided such extension, enlargement, expansion or change will not be more detrimental or objectionable to the neighborhood and to the Town.
§ 300-6.3 Trailers and mobile homes.
A.
No mobile home or trailer shall be set upon private property in any district for use as a dwelling, storage, sales or office space for a period of more than 60 days except as authorized by special permit from the Board of Appeals.
B.
For use as a temporary dwelling, Board of Health approval for sewage disposal and potable water supply must be obtained prior to occupancy.
C.
This provision shall not prohibit the occupier of a residence destroyed by fire or natural holocaust from residing in a mobile home on the site for a period not to exceed 12 months while the residence is being rebuilt.
D.
No lot, parcel or tract of land in any district shall be used for the purposes of a commercial trailer coach park.
§ 300-6.4 Off-street parking.
[Amended 5-18-2022 ATM by Art. 34; 5-15-2024 ATM by Art. 34]
A.
General provisions.
(1)
Safe and convenient off-street parking shall be provided in all zoning districts in accordance with the requirement of this section. The parking criteria are intended to lessen congestion and prevent personal injury and property damage on public and private ways and abutting lands in the Town of Plympton. Frequent parking of vehicles on a street adjacent to any premises shall be considered evidence of the inadequacy of the off-street spaces provided.
(2)
The implementation and enforcement of the regulations set forth in this bylaw is the responsibility of the Building Commissioner.
(3)
Any building or structure hereafter constructed for or converted to business use in any district shall be so located upon its parcel of land such that an off-street parking area shall be provided, and that driveways be located so that trucks or other vehicles loading or unloading shall not project into the public way or hinder access to parking spaces and travel aisles.
B.
Table of Parking Dimensions. The following standard parking dimensions shall govern the design of parking areas. All uses other than commercial under 800 square feet gross floor area and single-family residential shall comply with these dimensional regulations.
(2)
Aisle width and parking angle.
Zoning District | ||||
|---|---|---|---|---|
AR | B | LM | I | |
Parking angle | 45° | 60° | 75° | 90° |
Aisle width | 14 feet | 18 feet | 22 feet | 24 feet |
(3)
Driveway dimensions:
Minimum Width | Minimum Overhead Clearance | ||
|---|---|---|---|
(a) | One-way: | 14 feet | 14 feet |
(b) | Two-way: | 22 feet | 14 feet |
(4)
Parking space requirements:
Use | Required Spaces |
|---|---|
Residential | 2 spaces/unit |
Elderly residential | 1.5 spaces/unit |
Medical and dental | 6 spaces/doctor or dentist |
General business | 3.5 spaces/1,000 square feet of GFA* |
Research and development | 3.5 spaces/1,000 square feet of GFA* |
Sit-down and take-out restaurants | 1 space/4 seats |
Retail and service business | 5 spaces/1,000 square feet of GFA* |
Auditorium | 1 space/3.5 seats |
Private clubs | 1 space/4 seats in assembly area |
Recreation | 1 space/4 persons at capacity use |
Manufacturing | 2 spaces/1,000 square feet of GFA* |
Warehousing and wholesaling | 1.25 spaces/1,000 square feet of GFA* |
Banks | 4 spaces/1,000 square feet of GFA* |
Nursing and convalescent homes | 1/4 space/bed plus 1 space/employee of 2 consecutive shifts |
Churches and funeral parlors | 1 space/4 seats |
Institutions, including hospitals, public buildings, private schools, museums, stadiums, arenas, transportation terminals | 1 space/4 persons at capacity use |
*GFA = gross floor area | |
For uses not specifically identified, parking spaces shall be determined by a site plan review by the Zoning Board of Appeals or Building Commissioner. |
C.
Additional requirements.
(1)
Parking areas serving a clearly defined mixture of uses that do not result in such a mix of uses causing peak demand all at the same time may have the parking space requirement reduced by 10% if lot size is from 50 to 99 spaces, and 15% if the lot size is 100 spaces or greater.
(2)
Parking areas shall be paved and graded at a 4% maximum slope.
(3)
Parking areas for any use shall be located on the same parcel unless a special permit is granted by the Zoning Board of Appeals to permit parking on a contiguous parcel.
(4)
Adequate illumination and storm drainage shall be required in all commercial or institutional parking areas.
(5)
Where parking spaces are delineated, white or yellow markings shall be used.
(6)
Handicap spaces shall be provided in accordance with the Mass State Architectural Access Board for all parking areas exceeding 24 spaces.
(7)
Parking area use shall not require backing onto a public way.
(8)
No off-street parking area shall be maintained within 10 feet of the existing legal right-of-way associated with the public street abutting the proposed parking area.
(9)
Parking lots for eight or more cars shall be screened from any abutting residential use or public way by a four-foot width of densely planted shrubs or a privacy fence of not less than four feet in height.
(10)
The design of each parking area shall provide adequate amenities to pedestrian safety, including but not limited to placement of crosswalks situated within and to the lot itself.
(11)
To reduce stormwater discharge and improve the attenuation of pollutants, applicants are required to use stormwater control best management practices (BMPs) and low-impact development (LID) techniques in parking lot design (i.e., interior landscaping, vegetated/grassy swales, infiltration planters, permeable pavement, rain gardens, etc.).
(12)
Parking lots containing 10 or more parking spaces shall have at least one tree per eight parking spaces, such trees to be located either within the lot or within five feet of it. Such trees shall be at least two inches trunk diameter with not less than 60 square feet of unpaved soil or other permeable surface area per tree. At least 5% of the interior of any parking lot having 25 or more spaces shall be maintained with landscaping, including trees, in plots of at least eight feet in width. Trees and soil plots shall be so located as to provide visual relief and sun and wind interruption within the parking area, and to assure safe patterns of internal circulation.
(13)
Parking areas, loading spaces and landscaping shall be continuously maintained. Whenever necessary, surfacing, lighting, parking space markings and plantings shall be replaced or repaired, and drainage structures maintained. Failure to adequately maintain parking facilities shall be considered a violation of the bylaw.
(14)
Parking area must be used for registered motor vehicle parking only, with no sales, dead storage, repair work, or servicing of any kind. The required parking areas must be permanently available for use by patrons and employees of establishments for which such space was provided.
D.
Relief by special permit. The Zoning Board of Appeals may grant a special permit which provides relief from portions of these regulations, if it finds: 1) that it is impracticable to meet these standards; 2) that a waiver of these regulations will not result in or worsen parking and traffic problems on the surrounding streets or adversely impact the value of abutting lands and buildings; and 3) that such parking spaces will not be needed for the proposed use, subject to the condition that the area necessary for those spaces is available on the lot for development as parking spaces, if necessary, in the future and such area is designated on the approved plan of record. If any time after the special permit is granted and the Building Commissioner determines that a need exists for the additional spaces, the Building Commissioner may require that the spaces be added. The Zoning Board of Appeals may impose appropriate time, use, or dimensional conditions on the granting of such a special permit.
§ 300-6.5 Accessory buildings.
No accessory building or structure in any district, except temporary produce stands, shall be located closer to the way or lot lines than the minimum distances stipulated for permitted buildings or structures in the same district.
§ 300-6.6 Accessory uses.
Accessory uses as defined in § 300-11.1 of this bylaw are a permitted use in all districts.
§ 300-6.7 Site plans.
A.
Authority. A site plan shall be a prerequisite for a building permit in the Business, Light Manufacturing, and Industrial Districts. Approval of a site plan by the Planning Board shall be required before any building permit may be issued, with the exception of single-family and two-family dwellings, farm buildings and accessory buildings to the same. The Planning Board shall approve a site plan that meets all the requirements of the Zoning Bylaw, taking into account comments received from other Town authorities and citizens.
B.
Submission procedures.
(1)
Applicants for site plan approval shall submit six copies (or more as required) of the site plan to the Planning Board, at a regularly scheduled Planning Board meeting. The Planning Board shall note the date of filing on each plan and shall forthwith transmit one copy of the plans to the Town Clerk.
(2)
The Planning Board, after determining that the application is complete, shall forward copies to other Town authorities as appropriate for review and comment. Such authorities may include the Board of Selectmen, Building Inspector, Board of Health, Highway Surveyor, Police Chief, Fire Chief, Conservation Commission, Historic District Commission, and others deemed appropriate by the Planning Board.
(3)
Within 45 days of submission, all comments must be returned to the Planning Board. The decision of the Planning Board shall be filed with the Town Clerk and Building Inspector within 65 days of submission. This time limit may be extended by written agreement between the applicant and the Planning Board.
[Amended 5-18-2022 ATM by Art. 35]
(4)
Approval of site plan requires a majority vote of the Planning Board. When disapproving a site plan, the Planning Board must clearly state the zoning provisions not met by the application. Failure to act on a site plan application within the required time shall be deemed to be an approval of the plan.
C.
Appeals. Appeals of the site plan process shall be made with the Superior Court as provided in MGL c. 40A within 20 days after the decision of the Planning Board has been filed with the Town Clerk.
D.
Submission requirements. Site plans shall be prepared by a registered land surveyor, professional civil engineer, or registered architect unless the project involves less than 2,000 square feet of gross floor area. Site plans shall be submitted on standard 24-inch by 36-inch sheets, with a one inch equals 20 feet scale preferred. The following information shall be shown:
(1)
The name of the project, date, names and addresses of the owners of record, developer, and seal of surveyor, engineer, or architect.
(2)
The location and boundaries of the project, locus map showing site's location in the Town; North arrow and scale of plan, location and owners' names of all adjacent properties as found in the most recent tax list, Assessors' map and lot number of property.
(3)
All existing lot lines, easements, rights-of-way, zoning district boundaries, abutting land uses, the location and use of structures within 200 feet of the site on both sides of the street.
(4)
The location and use of all existing and proposed building and structures, the percentage of building and total impervious coverage of the site, the height and floor area of all buildings, the distance of all required and proposed setbacks, front, side and rear.
(5)
The location of all existing and proposed public and private ways, parking areas, driveways, sidewalks, ramps, curbs, paths, landscaping, walls, and fences, along with the location, type and screening details for all waste disposal containers.
(6)
The location, height, bulb type and fixture type of all external lighting, the direction of illumination and methods to prevent glare onto adjoining properties.
(7)
The location, height, size, materials, and design of all proposed signage.
(8)
The location of all existing and proposed utility systems, including: sewage or septic systems, water supply system, telephone, cable, and electrical systems, storm drainage system, including drain lines, culverts, catch basins, manholes, headwalls, endwalls, drainage swales, and hydrants. Soil logs, percolation tests and storm run-off calculations may also be required by the Planning Board for environmentally sensitive projects.
(9)
Plans to prevent the pollution of surface water or groundwater, erosion of soil both during and after construction, excessive run-off, excessive raising or lowering of the water table, and flooding of other properties, as applicable.
(10)
The existing and proposed topography at two-foot contours, the location of wetlands, streams, water bodies, areas subject to flooding, highest water table elevation and unique land features. Indicate whether the site falls into the Floodplain and Watershed Protection District.
(11)
Traffic flow patterns within the site, entrances and exits, loading areas, and curb cuts within 300 feet of the site on both sides of the road. Rush-hour traffic counts may be required.
(12)
Areas of building to be used for a particular use, such as retail operations, office, storage, etc., anticipated number of employees, anticipated seating capacity where applicable, number of parking spaces required for intended use, anticipated hours of operation.
(13)
Elevation plans at a scale of 1/4 inch equals one foot for all exterior facades of the proposed structures, plus additions showing features and indicating the type of materials to be used.
E.
Fees. The Planning Board shall require an application fee of $200 per 1,000 square feet of gross floor area per building or square feet within the boundaries of a ground-mounted photovoltaic project or $1,000, whichever is greater. The Planning Board may adopt reasonable administrative fees and technical review fees for site plan review.
[Amended 5-18-2022 ATM by Art. 35]
F.
Waivers. The Planning Board may waive any information requirements it deems to be unnecessary to the review of a particular plan.
H.
Lapse. Site plan approval shall lapse after two years from the grant thereof if a substantial use thereof has not sooner commenced. Such approval may be extended in writing by the Planning Board upon written request of the applicant.
§ 300-6.8 Storage of chemicals.
Salt, snow melting chemicals or hazardous substances, including but not limited to pesticides, herbicides, preservatives and water-soluble and volatile chemical compounds, and materials containing or coated with such chemicals susceptible to being carried into the groundwater aquifer, other than agricultural or horticultural by-products, shall be stored with sufficient protective cover so as to prevent occurrence of any leaching into the ground.
§ 300-6.9 Lighting systems and fixtures.
A.
Purpose and intent.
(1)
Outdoor lighting is provided for a variety of purposes to the benefit of modern society. It enables people to see essential detail to conduct work or recreation activities at night. It facilitates safety or security of persons or property, for example through lighting on roads and pathways. Outdoor lighting may be used to emphasize features of architectural or historical significance. It is used to call attention to commercial premises by means of area lighting or signs. At times, the pursuit of these purposes through the selection of specific lighting fixtures and systems might, in unintended ways, interfere with safety and security (by causing glare that minimizes visibility), and infringe upon the ability of residents to enjoy the nighttime environment. In addition, some lighting fixtures and systems waste public and private resources by consuming more energy than is required to meet the lighting goals at hand.
(2)
The purpose of this bylaw is to preserve, protect, and enhance the lawful nighttime use and enjoyment of any and all property, through ensuring the use of appropriate lighting practices and systems. Such practices, lighting fixtures, and systems, while designed, constructed, and installed such that they maintain safety, security, and productivity, also control glare and light trespass, conserve energy and resources, minimize obtrusive light, and curtail the degradation of the nighttime visual environment. Appropriate systems, therefore, will decrease lighting costs and preserve the night sky as a natural and historical resource without negatively impacting the benefits of lighting in a modern society.
B.
Applicability. The requirements of this section shall apply to any new or replacement municipal, industrial, commercial, and special permit uses in any district. This provision also shall apply to any new sign sited in any district and also to any new multifamily uses in any district.
C. DIRECT LIGHT FILTERED LAMP LIGHT TRESPASS SHIELDED UP-LIGHT
Definitions. Except as noted hereinafter, all definitions are provided in the Zoning Bylaw. Unless the context clearly indicates otherwise, certain words and phrases used in this section shall mean the following:
Light emitted directly by a lamp, off a reflector, or through a refractor of an outdoor light fixture.
When referring to an outdoor light fixture means that the fixture is to be fitted with a glass, acrylic, or other translucent enclosure of the light source.
The component of an outdoor light fixture that produces light.
Direct light emitted by an outdoor lamp fixture that shines beyond the boundaries of the property on which the outdoor light fixture is installed.
When referring to an outdoor light fixture means that the fixture allows no up-light.
Direct light emitted by an outdoor light fixture above a horizontal plane through the fixture's lowest light-emitting part.
D.
Shielding. All outdoor light fixtures subject to this bylaw shall be shielded.
E.
Prohibited light sources:
(1)
Mercury vapor and quartz lamps. For the purposes of this bylaw, mercury vapor and quartz lamps shall not be considered an incandescent light source.
(2)
Laser source light. The use of laser source light or any similar high-intensity light for outdoor advertising, when projected above the horizontal, is prohibited.
(3)
Searchlights. The operation of searchlights for advertising purposes is prohibited.
F.
Metal halide lighting. All outdoor light fixtures utilizing a metal halide lamp or lamps shall be shielded and filtered. Filtering using quartz glass does not meet this requirement.
G.
Outdoor advertising signs. Outdoor light fixtures used to illuminate an outdoor advertising sign shall be mounted on the top of the sign structure.
H.
Outdoor landscaping and decorative lighting. All outdoor light fixtures subject to this bylaw and used to illuminate landscape features and other objects shall be shielded and mounted so that they allow no up-light.
I.
Outdoor light output specifications.
(1)
Total outdoor light output of any site, excluding streetlights used for illumination of public rights-of-way, shall not exceed 50,000 lumens per acre, averaged over the entire property.
(2)
No more than 5,500 lumens per acre may be accounted for by lamps in unshielded fixtures permitted in Subsection J of this bylaw.
(3)
At no point along the property line shall the measured light exceed 0.2 footcandle.
(4)
No lamp shall be visible to a person of average height standing on the property line.
J.
Exemptions.
(1)
Fossil fuel light. All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels are exempt from all requirements of this bylaw.
(2)
Other light sources. All outdoor light fixtures using an incandescent lamp or lamps of 150 watts or less are exempt from all requirements of this bylaw. All outdoor light fixtures using any lamp or lamps of 50 total watts or less are exempt from all requirements of this bylaw.
(3)
Displays of the United States flag. Flagpoles displaying the United States flag are exempt from this bylaw, provided that the sole objective of the illumination is the United States flag and the illumination does not fall upon any commercial signage. For purposes of enforcement, this means that no more than 0.2 footcandle of illumination may fall upon any commercial signage.
(4)
Short-term lighting. Any site shall be allowed to exceed the specification of this bylaw, provided that all of the following conditions are met:
§ 300-6.10 Solar energy facilities.
A.
Purpose.
(1)
The purpose of this section is to establish requirements for solar energy facilities as defined herein.
(2)
The goals of this section are to:
(a)
Promote the health, safety and general welfare of the community by allowing the generation of sustainable energy with as-of-right siting of solar energy facilities, subject to the requirements of this section, in order to reduce air pollution and greenhouse gases, protect environmental resources, and foster sustainable economic development.
(b)
Protect, conserve and improve the unique visual quality, aesthetics, and historic character of the Town of Plympton and minimize impacts on environmental, scenic, natural and historic resources, while simultaneously supporting the needs of the property owners.
(c)
Provide standards for the placement, design, construction, operation, monitoring, modification and removal of solar energy facilities. Such siting standards shall ensure that solar energy facilities are designed to:
[1]
Address public safety, through compliance with applicable dimensional requirements, design of project sites so as to prevent unauthorized access and development of an emergency response plan;
[2]
Minimize impacts on natural resources, by avoiding land clearing and fragmentation of open space, preserving natural habitat, limiting the use of, and providing for, the containment of hazardous materials, and by satisfying applicable noise standards;
[3]
Minimize visual impacts through limiting glare, proper lighting, landscaping and screening of the solar installation and appurtenant structure(s);
[4]
Ensure compliance with all applicable local, state and federal statutes, regulations, codes, bylaws, rules and standards; and
[5]
Provide adequate financial assurance for the maintenance of new plantings and for the eventual decommissioning of such facilities.
B.
Applicability.
(1)
These requirements apply to all solar energy facilities proposed to be constructed or modified after the date of the first publication of the notice of the public hearing on this § 300-6.10, with the exception of any proposed solar energy facility for which a public hearing is in process before either the Planning Board or Conservation Commission on the date of the first publication of the notice of the public hearing on this § 300-6.10 as required by MGL c. 40A, § 5.
(2)
These requirements also pertain to physical modifications that alter the type, configuration, or size of solar energy facilities, project sites or related equipment.
(3)
In addition to the requirements of this section, new solar energy facilities and proposed modifications to existing facilities may also require review by other boards and commissions, including but not limited to the Conservation Commission.
(4)
Zoning. Solar energy facilities that meet the requirements of § 300-6.10 are allowed as follows; provided, however, that only one form of ground-mounted solar energy system shall be permitted on any project site.
(a)
A roof-mounted solar energy system is allowed as-of-right on project sites in any zoning district.
(b)
A large-scale ground-mounted solar energy system is allowed as-of-right on any project site between 10 acres and 20 acres in any zoning district. Large-scale ground-mounted solar energy systems are allowed as-of-right in the Industrial Zone on any project site between one acre and 20 acres. Large-scale ground-mounted solar energy systems on project sites over 20 acres and under one acre are prohibited.
(c)
Medium-scale ground-mounted and pole ground-mounted solar energy systems are allowed as-of-right in any zoning district on project sites between eight acres and 20 acres or may be located in the Industrial Zone on any project site.
(d)
A small-scale ground-mounted is allowed as-of-right on a project site of up to 60,000 feet in any zoning district.
(e)
Dual-use solar energy systems are allowed as of right on any project site which is in agricultural use pursuant to MGL c. 40A, § 3 and in accordance with the requirements of Subsection B(4).
(f)
Floating concentrated and floating photovoltaic solar energy systems are prohibited in all zones.
C. AS-OF-RIGHT SITING PROJECT SITE RATED NAMEPLATE CAPACITY SITE PLAN REVIEW SOLAR ENERGY FACILITY(1) (2) (3) (4) (5) (6) (7) (8) (9)
Definitions. As used in this section, the following terms shall have the meanings indicated:
The solar energy facility may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval under this bylaw. As-of-right solar energy facilities must comply with the requirements of this § 300-6.10 and may be subject to nondiscretionary site plan review by the Planning Board as set forth herein.
A parcel or combination of parcels (including bogs) over which the solar facility operator has control and on which the solar energy facility is or will be located.
The maximum rated output of electric power production equipment in direct current (DC). This output is typically specified by the manufacturer with a "nameplate" on the equipment.
Review by the Planning Board pursuant to the requirements set forth in this § 300-6.10.
One of the types of solar energy systems defined below along with related site access and improvements and appurtenant structures and equipment.
DUAL-USE SOLAR ENERGY SYSTEMThe installation of solar arrays over cultivated areas in a manner that is compatible with ongoing agricultural practices. This can include ground crops as well as installation in regulated wetland resource areas, including cranberry bogs.
FLOATING CONCENTRATED SOLAR ENERGY SYSTEMA solar photovoltaic installation that uses mirrors to redirect the solar power to a tower. These systems are referred to as "floating concentrated solar power" (floating CSP).
FLOATING PHOTOVOLTAIC SOLAR ENERGY SYSTEMA solar power production installation mounted on a structure that floats on a body of placid water. The panels are affixed to buoyant structures that float above the surface and prevent the panels from being submerged. These systems are sometimes referred to as "floating photovoltaic (FPV)" or "floatovoltaic systems."
GROUND-MOUNTED SOLAR ENERGY SYSTEMA solar photovoltaic installation that is structurally mounted to the ground or installed in regulated wetland resource areas, and is not roof-mounted. These systems include small-, medium-, large-scale, dual-use and pole-mounted systems.
LARGE-SCALE GROUND-MOUNTED SOLAR ENERGY SYSTEMA solar photovoltaic installation that occupies 40,000 square feet of surface area or more with a rated nameplate capacity of about 250 kW DC or greater.
MEDIUM-SCALE GROUND-MOUNTED SOLAR ENERGY SYSTEMA solar photovoltaic installation that occupies more than 1,750 square feet but less than 40,000 square feet of surface area with a rated nameplate capacity of about 10 kW DC to 250 kW DC.
POLE-MOUNTED SOLAR ENERGY SYSTEMA solar photovoltaic installation ground-mounted on a pole of no more than 15 kW DC. Also referred to as "top of pole" (TOP) mounted solar arrays.
ROOF-MOUNTED SOLAR ENERGY SYSTEMA solar photovoltaic installation that is structurally mounted to the roof of a building or structure.
SMALL-SCALE GROUND-MOUNTED SOLAR ENERGY SYSTEMA solar photovoltaic installation that occupies 1,750 square feet of surface area or less with a rated nameplate capacity of about 10 kW DC or less.
D.
General requirements.
(1)
All ground-mounted solar energy facilities. The review is subject to the following conditions:
(a)
Site plan review. No ground-mounted solar facility shall be constructed, installed or modified as provided in this section without first obtaining site plan review approval by the Plympton Planning Board in compliance with Subsection F of this section.
(b)
Monitoring and maintenance. The solar facility shall comply with Subsection F(5) of this section.
(c)
Site control. The applicant shall submit with its application for site plan review, documentation of actual or prospective control of the project site sufficient to allow for installation and use of the proposed facility. Notice of change of ownership shall be given to the Planning Board in compliance with Subsection F(6) of this section.
(e)
Financial surety. The applicant shall provide financial surety documentation if so required by the Planning Board as determined in compliance with Subsection F(7)(c) of this section.
(f)
Compliance with laws, ordinances and regulations. The construction and operation of all large-scale ground-mounted solar facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical and communications requirements.
(g)
Proof of liability insurance. The applicant shall be required to:
(2)
Roof-mounted solar facilities. Roof-mounted solar facilities shall be allowed as-of-right with a building permit in all zones, provided that they meet the following conditions:
(a)
Compliance with laws, ordinances and regulations. The construction and operation of all roof-mounted solar facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical and communications requirements.
(b)
Proof of liability insurance. The applicant shall be required to provide evidence of liability insurance to the Building Inspector in an amount sufficient to cover loss or damage to persons and structures occasioned by the failure of the facility.
(c)
Structural engineering report. A structural engineering report may be required by the Building Inspector illustrating the structural integrity of the structure and its ability to support the proposed roof-mounted solar facility.
(d)
Monitoring and maintenance. The solar facility shall comply with Subsection F(5) of this section.
(e)
All roof-mounted solar collector panels on a sloped roof will be subject to the following height limitations:
[1]
The top surface of any solar collector panel mounted on a south-facing sloped roof shall not exceed 12 inches about the adjacent finished roof surface;
[2]
The top surface of any solar collector panel mounted on a north-, east-, or west-facing sloped roof shall not exceed 24 inches above the adjacent finished roof surface; and
[3]
The topmost point of any solar collector panel mounted on a flat roof (1/2 inch or less per foot slope) shall not exceed 30 inches above the adjacent finished roof surface on flat roofs with or without parapets.
E.
Siting requirements for ground-mounted systems. [Also see Subsection F(3), Environmental standards.]
(1)
All ground-mounted solar energy systems shall be located on project sites, including bogs, that need no substantial clearing of natural vegetation as set forth herein. The land must have been in that cleared condition for five years or more from the date of disturbance when proposing the solar project, unless that clearing is a result of natural forces such as a wildfire or flood.
(3)
Trees from no more than 10% of the size of the project site may be cut from the project site, for minor clearing such as shadowing, access, related appurtenant structures and equipment, maintenance or other minimal purposes. This cut area must be a contiguous area within the project site to avoid forest fragmentation.
(4)
The visual impact of the ground-mounted solar energy facility shall be negligible, as determined by the Planning Board, due to topography, tree lines, and/or vegetation. The facility, except for the access road, shall be set back at least 600 feet from a public way and cannot reasonably be seen from a residence or public way during all seasons of the year and shall meet other setbacks in accordance with Subsection E(6).
(5)
Security fencing. Security fencing shall be required to fully enclose the ground-mounted solar energy system and shall not be placed within the required setback. The fences shall ensure no unauthorized access and shall be wildlife friendly.
(6)
Setbacks.
(a)
Large-scale ground-mounted, medium-scale ground-mounted, pole ground-mounted and dual-use solar energy systems.
[1]
Large-scale ground-mounted, medium-scale ground-mounted, pole ground-mounted and dual-use solar energy systems, including all related equipment and structures, shall have front, side and rear yard setbacks of a minimum of 300 feet of vegetative buffer from the security fence to abutting properties, with the 150 feet being undisturbed closest to the residential property, and the other 150 feet being allowed to be selectively cleared.
[2]
A 150-foot minimum setback shall apply when the abutting parcel has the same owner and the same proposed use as that for the project site. The Planning Board may allow a lesser setback along a property line where, in its judgment, the proposed solar energy system is not likely to negatively affect land use on the abutting property. The Planning Board may require a greater setback along a property line where, in its judgment, the proposed solar energy facility is likely to negatively affect land use on the abutting property. For these systems in the Industrial Zone, the Planning Board may not reduce the setback where the project site abuts a property in residential use.
(b)
Small-scale ground-mounted solar energy systems.
[1]
Small-scale ground-mounted solar energy systems and structures shall have front, side and rear yard setbacks of a minimum of 100 feet of vegetative buffer from the security fence to abutting properties, with the 50 feet being undisturbed closest to the residential property, and the other 50 feet being allowed to be selectively cleared.
[2]
A 50-foot minimum setback shall apply when the abutting parcel has the same owner and the same proposed use as that for the project site. The Planning Board may allow a lesser setback along a property line where, in its judgment, the proposed solar energy system is not likely to negatively affect the abutting property. The Planning Board may require a greater setback along a property line where, in its judgment, the proposed solar energy facility is likely to negatively affect an existing or permitted land use on the abutting property.
(7)
Appurtenant structures. All appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be subject to the setback requirements of Subsection E(6) and vegetative screening requirements in accordance with Subsection F(2)(a) to avoid adverse impacts on the neighborhood, abutting properties, and public ways.
F.
Site plan review.
(1)
Submittal requirements. The project proponent is required to provide the Plympton Planning Board, the Plympton Conservation Commission and other Town boards, as required, with the following:
(a)
Application. Two original application forms and a designer's certificate.
(b)
Fees. All ground-mounted solar energy systems require a building permit fee of $5 per $1,000 of construction cost.
(c)
Siting and design. Eight full copies of a site plan. The plan shall be on 24-inch by 36-inch sheets at a scale of one inch equals 40 feet or one inch equals 200 feet, as appropriate, on as many sheets as necessary. Site plans shall be prepared by a Massachusetts licensed professional engineer and/or a registered land surveyor, as applicable. The site plan shall include the following:
[1]
Location map. Copy of the most recent USGS quadrangle map, at a scale of 1:25,000, showing the proposed facility site and the area within at least two miles from the facility.
[2]
Site plan. A one inch equals 200 feet plan of the project site, with contour intervals of no more than 10 feet, showing the following:
[a]
Property lines and physical dimensions of the project site and adjacent parcels within 100 feet of the project site;
[b]
Location of permanent structures or buildings on the project site and on adjacent parcels of the project site;
[c]
Location and details of all security measures for the site; and
[d]
Location of all existing and proposed roads, both public and private, on the project site.
[e]
Location of existing trees ten-inch caliper or better and existing tree/shrub masses.
[f]
Location of wetlands and priority habitat areas as defined by the Natural Heritage and Endangered Species Program (NHESP).
[g]
Location of floodplains or inundation areas.
[3]
Project plan. A plan indicating all proposed changes to the landscape of the project site, including temporary or permanent roads or driveways, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures shall include the following:
[a]
Proposed changes to the landscape of the site, grading, removal of trees ten-inch caliper or more, vegetation to be removed or altered, amenities such as lighting or fencing, screening vegetation or structures, and wetlands delineation. Lighting shall be designed to minimize glare on abutting properties and be directed downward with full cutoff fixtures to reduce light pollution;
[b]
The views of the project site from residences and public ways from which the facility would be visible, and the proposed installation with the planned screening for the facility in place;
[c]
Location of the ground-mounted solar system, type of mounting devices, access roads, lighting, ground equipment, fencing, electrical infrastructure, and associated equipment;
[d]
Plans for accessory buildings or other structures, and location and details of all planned security measures;
[e]
Layout and details of surfacing for access roads and parking, including temporary roads and staging areas;
[f]
Any existing overhead utility lines; and
[g]
A list of any hazardous materials along with their safety data sheets (SDSs) proposed to be located on the site in excess of household quantities and a plan to prevent their release to the environment as appropriate.
(d)
Operation and maintenance plan. The applicant shall submit a plan for the operation and maintenance of the solar energy facility. The plan shall include measures for maintaining safe access to the facility in all weather conditions, stormwater controls, vegetation controls, and general procedures for operating and maintaining the facility and surrounding areas of the site.
(e)
Schematics.
[1]
Schematics or blueprints of the ground-mounted solar energy system, signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts, showing the proposed structures and any shading from nearby structures;
[2]
Schematic or outline electrical diagram showing proposed solar panels, associated components and electrical interconnection methods, all with National Electrical Code compliant disconnects and overcurrent devices;
[3]
Description of the major system components to be used, including the photovoltaic panels, mounting system and inverter.
(f)
Compliance documents. The applicant will provide the following with the application:
[1]
A description of the proposed financial surety that satisfies Subsection F(7)(c) of this section;
[2]
A fully inclusive estimate of the costs associated with removal of the solar facility, prepared by a qualified third-party expert, which shall include a mechanism for calculating increased removal costs due to inflation.
[5]
The Planning Board may require additional information, data or evidence as it deems necessary pursuant to the site plan review process.
(g)
Notification.
[1]
Abutting property owners. The applicant shall mail notice of the public hearing on the application by certified mail, return receipt requested, at least 14 days before the day of the public hearing to all abutters and abutters to the abutters within 300 feet of the property line of the petitioner as they appear on the most recent certified applicable tax list, which list the applicant shall obtain from the Plympton Assessor's Office.
[a]
The applicants must provide proof of the certified mail to the Planning Board.
[b]
Notice of the public hearing must also be published by the Planning Board, at the expense of the applicant, in a newspaper of general circulation in the Town of Plympton once in each of two consecutive weeks, the first publication to be not less than 14 days before the day of the hearing. The Planning Board shall post notice of the public hearing in a conspicuous place in Town Hall for a period of not less than 14 days before the day of such hearing and mail that notice to the Planning Boards of every abutting city or town.
[c]
Publications and notices required by this section shall contain the name of the petitioner, a description of the area or premises, street address, if any, or other adequate identification of the location, of the project site, the date, time and place of the public hearing, and subject matter of the hearing, and the nature of the action or relief requested, if any.
[2]
Utility notification. Before installation of the solar facility, the applicant shall inform the utility company that operates the electrical grid where the facility is to be located of its intent to install an interconnected generator and shall satisfy all interconnection agreements.
(h)
Waiver of documents. The Planning Board may waive information requirements it deems to be unnecessary to the review of a particular plan.
(i)
Action by the Planning Board. The Planning Board shall open the public hearing on an application under this section within 65 days of the filing of the application and shall file its written decision on the application with the Town Clerk within 90 days after the close of the public hearing on the application. These deadlines may be extended by written agreement between the applicant and the Planning Board. After a public hearing, determining if the site plan is in conformance with the requirements of this bylaw, and considering the criteria set forth in this section, the Planning Board may approve, approve with modifications, or grant leave to withdraw a site application. A majority vote of the Planning Board is required for site plan approval. The Planning Board may deny an application that does not conform to the requirements of this bylaw. Approval may be subject to any conditions, modifications and/or restrictions as the Planning Board may deem necessary.
(j)
Constructive approval. Failure by the Planning Board to file its written decision within said 90 days, or extended time, if applicable, shall be deemed to be a grant of the site plan approval. That constructive approval must be effectuated in the manner provided for constructive approval in MGL c. 40A, § 9.
(k)
Appeals. Appeals of the site plan process shall be made with the Superior Court as provided in MGL c. 40A within 20 days after the decision of the Planning Board has been filed with the Town Clerk.
(l)
Lapse. Site plan approval shall lapse after two years from the grant thereof if a substantial use thereof has not sooner commenced. Such approval may be extended in writing by the Planning Board upon written request of the applicant.
(2)
Design standards. This subsection shall apply to all ground-mounted solar energy systems.
(a)
Screening.
[1]
All ground-mounted solar energy facilities shall be screened from abutting properties. Where the front, side or rear yard of a project site faces and/or abuts one or more residences on a public way, a landscape architectural plan will be required. The plan's object shall be to minimize to the greatest extent reasonable the visual impact of the facility. The plan shall show how, through the use of mature plantings, vegetation, berms, fencing, land contouring, and strategic placement of the solar panels and appurtenant structures, the facility will be screened from view from residences and public ways during all seasons of the year.
[2]
Screening shall consist of landscaping, fence, grassed earthen berm, or some combination of these screening devices. If utilizing a natural buffer, it shall be maintained above the highest level of the solar panels. When a screen consists of plant materials, said materials shall provide screening at the time of planting and be of a type that will be expected to form a year-round, dense screen.
[3]
Every abutting agricultural/residential property shall be visually and acoustically screened from the solar energy facility through either existing vegetation or new plantings of not less than eight feet in height at the time of planting staggered at a spacing of no more than eight feet apart throughout the required setback dimensions. All required plantings shall be maintained throughout the project's life, and replaced as necessary. As an alternate to providing the required screening through vegetation, it is acceptable to increase the setback to 1,000 feet on the project site while providing an acceptable alternate screening such as a stockade fence and single row of vegetation in close proximity to the solar energy facility (with the exception of its access).
[4]
In other than the Industrial Zone, the provided screening shall obscure from view on all sides all of the solar energy facility (with the exception of its access) from adjacent properties, including upper levels of existing structures at the time of construction. Security fences, roadways, and equipment shall not be placed within the required setback, except for that which is required to access the site from an adjacent roadway, or to transmit the generated power to the grid.
(b)
Control of vegetation. The use of native, pollinator-friendly plants is encouraged. Mowing or the use of pervious pavers or geotextile materials underneath the solar energy system is the preferred method of vegetation control.
(c)
Noise. There shall be no increase in background noise measured at the property line of the project site or a noise-sensitive receptor (for example, a higher-terrain location that may be impacted or a location with sensitive persons such as a school). A noise analysis must be provided by the applicant and approved by the Planning Board.
(d)
Glare. The solar panels shall be positioned in such a way that there is no possibility of glare on a residence or public way at any time during the day.
(e)
Signage. Signs on the solar energy facility shall comply with the requirements of § 300-6.1 of the Plympton zoning bylaws. Signage at all site entrances shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number. These signs shall not be used for the display of any advertising.
(f)
Lighting. Lighting of solar energy facilities shall comply with the requirements of § 300-6.9, Lighting systems and fixtures, of the Plympton zoning bylaws. Lighting shall be limited to that required for safety and operational purposes, and shall be shielded to eliminate glare from abutting properties, shall be directed downward and shall incorporate cut-off fixtures to reduce light pollution.
(g)
Utility connections. Reasonable efforts should be made to locate utility connections for ground-mounted solar energy facilities 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. All solar energy facility installations shall conform to the requirements of the interconnection agreement and/or such further requirements as may be promulgated from time to time, as appropriate and as approved by the connecting utility.
(h)
Appurtenant structures. All appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers and substations, shall be architecturally compatible with each other. Structures should be shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts. Appurtenant structures shall not exceed 10 feet in height and shall meet the regulations for accessory structures as determined by the Building Department.
(i)
Solar system panel height. A ground-mounted solar energy system shall not exceed the maximum height of 12 feet, as measured from the ground to the top of the solar panel when at maximum vertical tilt. A pole-mounted solar energy system shall not exceed the maximum height of 18 feet, as measured from the ground to the top of the solar panel when at maximum vertical tilt.
(j)
Emergency services. The applicant shall provide a copy of the project summary and site plan to the Plympton Fire and Police Departments. The applicant shall cooperate with the Fire and Police Departments in developing an emergency response plan. All means of disconnecting the solar energy facility shall be clearly marked, and training required to allow emergency response personnel to safely shut down the facility in the event of an emergency shall be provided at no cost to the Town as requested by the Town. Project site access shall be conducive to emergency vehicle travel to allow for unimpeded access around the site at all times. Access requirements, not limited to gating, road widths and surfaces, etc., will be reviewed during the site plan review process, with approval being at the discretion of the Fire Chief. The applicant or facility owner shall identify a responsible person for public inquiries or complaints throughout the life of the project.
(k)
Unauthorized access. All solar energy facilities shall be designed to prevent unauthorized access in compliance with any and all federal, state and local regulations. Electrical equipment shall be locked where possible. Where installed, video surveillance cameras shall be oriented in such a fashion so as to minimize capturing activity outside the solar energy facility.
(l)
Security for screening. Each applicant shall post cash security with the Town pursuant to MGL c. 44G, § 53G 1/2 in an amount determined by the Planning Board to secure the viability of the screening and plantings required by § 300-6.10. That security shall be held for a period of five years following the issuance of an occupancy permit for any solar energy system and may be used and applied by the Planning Board to maintain or replace any necessary screening or plantings required hereunder.
(3)
Environmental standards. This subsection shall apply to all ground-mounted solar energy systems.
(a)
Land clearing. Clearing of natural vegetation shall be limited to what is permitted in accordance with Subsection E for the construction, access to, operation and maintenance of the ground-mounted solar facility or otherwise prescribed by applicable laws, regulations and ordinances. Clear cutting is prohibited within the setback area unless pre-approved and with the understanding that trees and/or vegetation of significant size and screening ability will be planted and/or fencing installed in order to mitigate any visual or environmental impact on the abutters and/or the rural nature of the Town.
(b)
Rare and endangered species. The applicant shall provide evidence of compliance with the Massachusetts Endangered Species Act and requirements of the Commonwealth of Massachusetts Natural Heritage and Endangered Species Program. A significant number of such habitats and species sites have been designated in Plympton.
(c)
Wetlands. The applicant shall provide evidence of compliance with the Massachusetts Wetlands Protection Act, the Massachusetts Rivers Protection Act and the Town of Plympton Wetlands Protection Bylaw.[1] Such evidence is subject to review and approval by the Plympton Conservation Commission.
(d)
Stormwater. The applicant shall demonstrate compliance with all local, state and federal stormwater management laws and regulations.
(e)
Erosion. Solar energy facilities, including access driveways and any associated drainage infrastructure on original grades in excess of 15% is prohibited.
(f)
Selective clearing.
[1]
Selective clearing may be done with one or more of the following conditions:
[a]
If the selective removal of a species of plant, a group of species of plants, a story or group of story in whole or in part does not affect the growth of other trees or plants, and is done according to criteria regarding minimum tree size for harvesting, specifications of the number, spacing and size classes of residual trees per area, and allowable cut.
[b]
If vegetation or trees to be cut, trimmed or removed are those that restrict the effective functioning of the solar collectors and/or access to the solar field by routine and/or emergency services.
[2]
All trees scheduled to be removed shall be visibly marked or flagged by the contractor prior to seeking confirmation from the Town. The Town agent/engineer will inspect the identified trees and verify the limits of clearing and thinning prior to the contractor proceeding with his cutting operation.
(4)
(Reserved)
(5)
Monitoring and maintenance.
(a)
Facility conditions. The applicant shall maintain the solar energy facility in good condition. Maintenance shall include, but not be limited to, vegetation upkeep, structural repairs and the integrity of security measures. Project site access shall be maintained to a level acceptable to the local Fire Chief, local emergency planning committee and emergency medical services. The project owner shall be responsible for the cost of maintaining the solar energy facility and any access road, unless accepted as a public way, and the cost of repairing any damage as a result of operation and construction. The project owner shall also be responsible for ensuring that the solar energy facility does not at any time lower the quality of service supplied to nearby customers or cause safety problems to the interconnected electrical grid.
(b)
Modifications. All modifications to all ground-mounted solar energy systems, other than regular maintenance, made after issuance of the site plan review approval shall require approval by the Planning Board as provided in this section. Modifications of roof-mounted solar energy systems require approval by the Building Inspector.
(c)
Annual reporting. The owner or operator of the solar energy facility shall submit an annual report demonstrating and certifying compliance with the operation and maintenance plan in Subsection F(1)(d), the requirements of this § 300-6.10 and the approved site plan, including but not limited to continued control of vegetation, compliance with 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 Board of Selectmen, Planning Board, Fire Chief, Building Inspector, Board of Health and the Conservation Commission no later than 45 days after the end of the calendar year.
(6)
Change in ownership. If the owner and/or operator of any ground-mounted solar energy system changes, notice shall be given to the Planning Board with the contact information of the new owner/operator within one month of the change in ownership and/or operations.
(7)
Abandonment or decommissioning.
(a)
Removal requirements. All ground-mounted solar energy systems which have reached the end of their useful life or have been abandoned 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:
[1]
Physical removal of all solar panels, structures, equipment, security barriers and electrical lines from the site.
[2]
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
[3]
Restoration of the site, including, but not limited to, stabilization or revegetation of the site as necessary to minimize erosion and restore habitat vitality. The Planning Board may allow the owner or operator to leave landscaping or service roads in order to minimize erosion, disruption to vegetation and restoration of natural habitat.
(b)
Abandonment. Absent notice of a proposed date of decommissioning, the ground-mounted solar energy system shall be considered abandoned when the facility fails to operate for more than one year without written consent of the Planning Board. The Planning Board shall determine in its decision what proportion of the facility is inoperable for the facility to be considered abandoned. If the applicant fails to remove the ground-mounted solar energy system in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town shall have the authority, but not the obligation, to enter the project site and physically remove the system and any appurtenant structures or related equipment.
(c)
Financial surety. The Planning Board shall require the applicant for all ground-mounted and solar energy systems to provide a form of surety as determined by the Planning Board, either through cash bond or otherwise, to cover the estimated cost of removal in the event that the Town must remove the facility, of an amount and form determined to be reasonable by the Planning Board, not to exceed more than 125% of the estimated cost of removal and compliance with the additional requirements set forth herein, in accordance with Subsection F(7). 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 of the solar energy system, including appurtenant structures and related equipment, prepared by a qualified third-party expert, which shall include a mechanism for calculating increased removal costs due to inflation.
G.
Peer review and consultants. The Planning Board may employ, pursuant to MGL c. 44, § 53G, at the cost of the applicant, peer review experts and similar consultants to review and comment to the Planning Board on any site plan application for a solar energy facility.
§ 300-6.11 House numbering.
[Added 5-15-2024 ATM by Art. 33]
A.
Every property owner shall display the house number, as assigned by the Town Assessor's Office, using only numeric digits, not less than four inches tall, on the frame of the main entrance on the lock side, not less than four feet and not more than five feet above the door sill. The house numbers shall be in contrast with the color of the house.
B.
If the house sits 50 feet or more from the street or way, the number shall be affixed to a post at a point at least four feet above ground level, at the entrance to the property.