Wellfleet Town City Zoning Code
ARTICLE X
Large-Scale Ground-Mounted Solar Photovoltaic Installations
[Added 4-22-2013 ATM]
The purpose of this bylaw is to provide a review process for proposed large-scale ground-mounted solar photovoltaic installations (LSGMSPI) and provide standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources and to provide adequate financial assurance for the eventual decommissioning of such installations.
The provisions set forth in this section shall apply to the construction, operation, repair and/or removal of LSGMSPI. This section also pertains to physical modifications that alter the type, configuration, or size of these installations or related equipment.
§ 235-10.1 Compliance with laws, bylaws, policies and regulations.
The construction and operation of all LSGMSPI shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All structures and fixtures forming part of a LSGMSPI shall be constructed in accordance with the State Building Code.
§ 235-10.2 Building permit and building inspection.
No LSGMSPI shall be constructed, installed or modified as provided in this section without first obtaining a building permit.
§ 235-10.3 LSGMSPI site plan review.
LSGMSPI with 250 kW or larger of rated nameplate capacity shall require LSGMSPI site plan review by the Planning Board prior to issuance of a building permit to authorize construction, installation or modification as further provided in this section. Reviews shall be conducted to assure compliance with this Article X of the Zoning Bylaw, and with the C2 District objectives contained in § 235-3.2 of the Zoning Bylaw. In accordance with Section 22(c) of the Massachusetts Green Communities Act,[1] LSGMSPI site plan review shall be expedited and completed within one year after the date at which the Planning Board has determined the LSGMSPI site plan review application is complete.
A.
General. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts, at a scale of one inch equals 40 feet.
B.
Application process and requirements.
(1)
In accordance with MGL c. 44, § 53G, the Planning Board may engage, at the applicant's cost, professional and technical consultants, including legal counsel, to assist the Planning Board with its review of the application. Failure to comply with the section shall be grounds for denial of the application.
(2)
Application submission. Applicants for LSGMSPI site plan review shall file with the Wellfleet Town Clerk all required forms, plans and supporting documentation along with 14 copies and required fees. The Town Clerk shall stamp the application with the date received and shall immediately notify the Chair of the Planning Board of a submitted application packet.
(3)
Completeness review. The Planning Board shall, within 30 calendar days of the receipt of the application by the Town Clerk, determine whether the application is complete or incomplete and shall notify the applicant in writing by certified mail.
(4)
Incomplete applications. If the Planning Board determines the application to be incomplete, the Board shall provide the applicant with a written explanation as to why the application is incomplete and request the information necessary to complete the application. Any additional information submitted by the applicant starts a new 30 calendar day completeness review.
(5)
Waiver of provisions. Upon the applicant's written request submitted as part of the application, the Planning Board may waive strict compliance with any provision of this Article X if it deems it in the public interest and determines that the intent of this Article X has been maintained.
C.
Required documents. An application for LSGMSPI site plan approval shall include the following documents:
(1)
A site plan showing:
(a)
North arrow and locus map;
(b)
Property lines and physical features, including roads, delineation of any wetlands, and pre- and post-construction topography for the project site;
(c)
Proposed changes to the natural vegetation and landscaping present at the site, as well as proposed grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;
(d)
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;
(e)
Provisions for parking locations on site for at least two service vehicles;
(f)
An electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;
(g)
Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;
(h)
Name, address, license verification and contact information for proposed system installer(s);
(i)
Name, address, phone number and signature of the project applicant(s), as well as all property owner(s);
(j)
The name, contact information and signature of any agent(s) representing the project proponent(s);
(2)
Documentation of actual or prospective access and control of the project site that satisfies § 235-10.4;
(3)
An operation and maintenance plan that satisfies § 235-10.5;
(4)
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);
(5)
Proof of proposed liability insurance that satisfies § 235-10.12;
(6)
Description of financial surety proposed to satisfy the requirements of § 235-10.11C; and
(7)
Evidence of utility company notification and acceptance of intent to install an interconnected customer-owned generator that satisfies § 235-10.6.
[1]
Editor's Note: See Acts of 2008, Ch. 169; and MGL c. 25A, § 10.
§ 235-10.4 Site control.
The project applicant 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.
§ 235-10.5 Operation and maintenance plan.
The project applicant shall submit a plan for the operation and maintenance of the LSGMSPI, which shall include measures for maintaining safe access to the installation and accessory structures, including but not limited to stormwater controls at the site, and shall provide details as to the proposed general procedures for operation and maintenance of the installation.
§ 235-10.6 Utility notification.
No LSGMSPI site plan approval shall be issued and no LSGMSPI shall be constructed until satisfactory evidence has been submitted to the Planning Board to demonstrate that the utility company that operates the electrical grid where the installation is to be located has deemed to have accepted the solar photovoltaic installation owner's or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
§ 235-10.7 Accessory structures.
All accessory structures to LSGMSPI shall be subject to Town of Wellfleet Zoning Bylaws concerning the bulk and height of structures, lot area, setbacks, and open space, parking and building coverage requirements, except that no accessory structure to LSGMSPI shall exceed 15 feet in height. All such accessory structures, including but not limited to equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be screened from view by vegetation and/or joined or clustered to minimize visibility when viewed.
§ 235-10.8 Design standards.
A.
Fencing. Fencing shall be provided to control access to the LSGMSPI site and shall be consistent with the character of surrounding properties.
B.
Landscape and appearance. In accordance with C2 District objectives, the LSGMSPI shall be designed to minimize visual impact; the maximum amount of natural vegetation shall be preserved; details of construction and finish shall blend with the surroundings; additional screening shall be employed where practical and particularly to screen surrounding property.
C.
Lighting. Lighting of LSGMSPI shall comply with local, state and federal law. Lighting of accessory elements or structures shall be limited to that required for safety and operational purposes, and shall be shielded to avoid unnecessary visibility from surrounding properties. Where feasible, lighting of the LSGMSPI shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.
D.
Signage. There shall be no signs on LSGMPI except a sign identifying the owner or operator and a twenty-four-hour emergency contact phone number; no-trespassing signs; and any signs required to warn of danger. All signs shall comply with Article VII of the Wellfleet Zoning Bylaws.
E.
Utility connections. To the extent practical, as determined by the Planning Board, in consideration of soil conditions, shape and topography of the site and requirements of the utility receiving the power, all utility connections from or to the solar photovoltaic installation shall be installed underground; however, electrical transformers for utility interconnections may be above ground if required by the utility receiving the power.
F.
Height. Solar photovoltaic arrays shall not exceed 10 feet in height off the ground at their tallest orientation as measured at the highest point of the ground under the array. Accessory structures to LSGMSPI shall be subject to height requirements set in § 235-10.7 of this bylaw.
[Amended 4-23-2018 ATM by Art. 42]
§ 235-10.9 Safety and environmental standards.
A.
Emergency services. The LSGMSPI owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Fire Chief. The Planning Board or the Fire Chief may require the owner or operator to cooperate with designated Town or regional emergency service providers in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner and operator, if not the owner, shall identify a responsible person and contact information for providing response to public inquiries throughout the presence of the installation at the site, whether or not operational.
B.
Land clearing, soil erosion, stormwater control, and habitat impacts. Clearing of natural vegetation shall be limited to that necessary for the construction, operation and maintenance of the LSGMSPI or otherwise required by applicable laws, regulations, and bylaws. All stormwater control plans shall either maintain or diminish preexisting runoff conditions. Any road or other surface on the lot shall comply with Chapter 135, Drainage Control, of the Wellfleet General Bylaws.
C.
Hazardous waste. No hazardous waste shall be discharged on the site.
D.
Herbicide and pesticide use. Use of herbicides and pesticides shall be consistent with all applicable Town of Wellfleet bylaws and policies.
E.
Sound levels. The sound levels under normal operating conditions, measured at the boundary of the lot on which the installation is sited, shall not be more than five decibels greater than would otherwise exist in the absence of such a facility.
§ 235-10.10 Monitoring and maintenance.
A.
Solar photovoltaic installation conditions. The LSGMSPI owner and operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, continued compliance with landscaping and screening requirements, control of vegetation, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief. The owner and operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), other than public ways.
B.
Modifications. All LSGMSPI external modifications requests made after the issuance of the original required building permit shall be forwarded to the Planning Board. All significant external modifications shall require LSGMSPI site plan review by the Planning Board.
§ 235-10.11 Abandonment or decommissioning.
A.
Removal requirements. Any LSGMSPI which has reached the end of its useful life or has been abandoned consistent with § 235-10.11B of this bylaw 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 Wellfleet Town Clerk and the Chair of 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 LSGMSPI, structures, equipment, security barriers and transmission lines from the site;
(2)
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations; and
(3)
Stabilization or re-vegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
B.
Abandonment. Absent notice to the Town Clerk of a proposed date of decommissioning or written notice of extenuating circumstances approved by the Planning Board, the solar photovoltaic installation shall be deemed abandoned within the meaning of this section when it fails to transmit power to the grid for more than one year. If the owner or operator of the LSGMSPI fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the grant of Planning Board approval for the facility shall be deemed to be the consent of the owner and operator for the Town to enter the property and physically remove the installation and restore the site at the sole expense of the owner/operator.
C.
Financial surety. Applicants for LSGMSPI projects shall provide a form of surety, either through escrow account, bond or otherwise, satisfactory to the Planning Board, to cover the cost of removal in the event the Town must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the Planning Board, in an amount not to exceed 125% of the projected cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent. Such surety will not be required for municipally or state-owned facilities. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.
§ 235-10.12 Proof of liability insurance.
The owner or operator of LSGMSPI shall provide the Town Clerk and the Planning Board with a certificate of insurance showing that the property has a minimum of $2,000,000 in liability coverage, and that the Town of Wellfleet is an additional named insured thereon. Such a certificate shall be supplied on an annual basis upon the renewal of said insurance policy.
§ 235-10.13 Lapse of approval.
A building permit approval shall automatically lapse if the LSGMSPI is not installed and functioning within two years or the LSGMSPI is abandoned.