Wenham City Zoning Code
ARTICLE 10
Special Regulations
§ 255-10.1 Soil stripping, earth removal and grading.
A.
Removal of earth. The removal or extraction from any site of soil, loam, sod, sand, gravel, quarried stone or any combination thereof, hereinafter called "earth," forming a part of the real estate in the Town of Wenham is prohibited in all districts, except as permitted by the Earth Removal Bylaw of the Town of Wenham.[1]
[1]
Editor's Note: See Ch. 133, Earth Removal.
B.
Grading and redistribution of earth. The grading and redistribution of earth on the site is prohibited without special permit issued by the Planning Board except under the following conditions:
(1)
Where alteration of the existing topographical contours is less than five feet and less than 500 cubic yards of earth is to be redistributed, or when necessarily incidental to the construction at the site for which a building permit has been issued and when such incidental grading involves redistribution of less than 1,000 cubic yards of earth;
(2)
Where grading will be made only above a grade substantially level with adjoining lots; and
(3)
When made in such a manner as:
(a)
Not to cause depression in which rain and other water may collect; and
(b)
To avoid any detrimental increase in drainage onto adjoining lots.
C.
Permits for grading and redistribution of earth. The Planning Board shall hear and decide petition for permits by holding a public hearing in accordance with MGL c. 40A, §§ 9 and 11.
(1)
The applicant shall make written application and shall show to the satisfaction of the Planning Board that such alteration of the site for which the application is made will not alter any significant topographical feature and will not cause a nuisance, noise, vibration, dust, smoke, gas fumes, odor, or other objectionable features; will not be hazardous because of fire or explosion or other reason; will not adversely affect the economic status of the district or the Town; will not be injurious or dangerous to the public health and welfare of the district or Town; and will not result in a change in topography and cover which will be disadvantageous to the appropriate reuse of the land as permitted by this Zoning Bylaw.
(2)
The Planning Board may grant a permit on conditions especially designed to:
(a)
Safeguard the district and the Town against permanent and temporary injury to the stabilized values in the district after the operations are completed or because of the methods of handling such materials at the site; and
(b)
Ensure that such grading or redistribution of earth will not result in a change in topography or cover which will be disadvantageous to the appropriate reuse of the land as permitted by this Zoning Bylaw.
(3)
The applicant may be required to file a suitable bond, or other acceptable performance surety acceptable to the Planning Board, to guarantee adherence to the above conditions and requirements so that the site will be left in, or returned to, a suitable condition and will not be a hazard.
(4)
The Planning Board may, after a hearing and finding of violation of the terms of any permit issued, withdraw the permit, after which the use shall be discontinued and a reclamation plan approved by the Planning Board implemented.
(5)
Failure to apply for a permit and each day thereafter in violation of this bylaw and, where a permit has been issued, each day in violation of the conditions of the permit, shall constitute a separate offense subject to fine, as defined under § 255-13.1F of this bylaw.
§ 255-10.2 Large-scale ground-mounted solar photovoltaic installations.
A.
Purpose. The purpose of this section is to:
(1)
Promote the creation of new large-scale ground-mounted solar photovoltaic installations;
(2)
Provide standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, and minimize impacts on scenic, natural and historic resources; and
(3)
Provide adequate financial assurance for the eventual decommissioning of such installations.
B.
Applicability. This section applies to any large-scale ground-mounted solar photovoltaic installation, as defined herein, and shall supersede any conflicting provisions of this bylaw. Such installation may proceed in all districts without the need for a special permit, variance, zoning amendment, waiver, or other discretionary approval. Such installation shall be subject to site plan review by the Planning Board pursuant to § 255-13.5 of this bylaw and the additional requirements set forth in § 255-10.2D and E. Any substantial modification to an approved installation made after issuance of the required building permit shall also require approval by the Planning Board.
[Amended 10-17-2020 STM by Art. 4]
C.
Definitions. The following definitions shall apply in this section:
ABANDONMENT
Absent notice of a proposed date of decommissioning, or written notice of extenuating circumstances and the written consent of the Planning Board, a solar photovoltaic installation shall be considered abandoned when it fails to operate for more than two years. The burden of proof shall be on the owner or operator.
LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION
A solar photovoltaic system on a parcel, or set of contiguous parcels in common ownership on the effective date of this section, of at least 20 acres that is structurally mounted on the ground and is not roof-mounted, and has a minimum nameplate capacity of 250 kW DC.
ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION
A solar photovoltaic installation that is constructed at a location where other uses of the underlying property occur.
RATED NAMEPLATE CAPACITY
The maximum rated output of electric power production of the photovoltaic system in direct current (DC).
D.
General requirements.
(1)
Building permit. No large-scale solar photovoltaic installation shall be constructed, installed, or modified as provided in this section without first obtaining a building permit as specified in § 255-13.1D of this bylaw and paying the associated fee.
(2)
Site plan review. A site plan shall be submitted in accordance with the requirements of § 255-13.5. In order to comply with the provisions of Section 22(c) of the Green Communities Act,[1] site plan review shall be expedited and no decision shall be rendered more than one year after the date of application.
[1]
Editor's Note: See MGL c. 25A, § 10(c).
E.
Additional requirements for large-scale photovoltaic installations. The following additional requirements apply specifically to large-scale photovoltaic installations.
(1)
Documentation. In addition to the information required by § 255-13.5E of this bylaw, the applicant shall submit the following documentation:
[Amended 10-17-2020 STM by Art. 4]
(a)
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;
(b)
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;
(c)
One- or three-line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code-compliant disconnects and overcurrent devices;
(d)
Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;
(e)
Name, address, and contact information for proposed system installer;
(f)
Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any;
(g)
The name, contact information and signature of any agents representing the project proponent;
(h)
An operation and maintenance plan including measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation;
(i)
Proof of liability insurance;
(j)
Description of financial surety that satisfies Subsection O; and
(k)
Evidence that the utility company that operates the electrical grid where the installation is to be located has been informed of the applicant's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
(2)
Construction and operation.
(a)
The construction and operation of all large-scale solar photovoltaic installations and all buildings and fixtures shall be consistent with all applicable federal, state, and local requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements.
(b)
Clearing and trimming of natural vegetation shall be limited to what is necessary for the construction, operation, and maintenance of the large-scale ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and bylaws. The Planning Board may require plantings or screening in appropriate circumstances.
F.
Dimension and density requirements; setbacks. For large-scale ground-mounted solar photovoltaic installations, front, side, and rear setbacks shall be as follows; provided, however, that by special permit the Planning Board may authorize a smaller front, side or rear yard setback:
(1)
Front yard. The front yard depth shall be at least 300 feet.
(2)
Side yard. Each side yard shall have a depth at least 300 feet.
(3)
Rear yard. The rear yard depth shall be at least 300 feet.
G.
Accessory structures. All accessory structures shall be related to the large-scale ground-mounted solar photovoltaic installations on the locus, and shall be limited to one story in height. Such accessory structures may include equipment shelters, storage facilities, transformers, and substations. All accessory structures shall meet the setback requirements of Subsection F for the district; provided, however, that the Planning Board may impose greater setbacks as a condition if site plan approval. Accessory structures shall be screened from view from adjacent residentially zoned or occupied properties by landscaping or other means and/or joined or clustered to avoid adverse visual impacts.
H.
Lighting. Lighting of solar photovoltaic installations shall be consistent with local, state, and federal law. Lighting of other parts of the installation, such as accessory structures, shall be limited to that required for safety and operational purposes, and shall not cast measurable light onto adjacent properties or into the night sky. Lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.
I.
Signs. Signs on large-scale ground-mounted solar photovoltaic installations shall comply with Article 7 of this bylaw. Such installation shall display a sign identifying the owner and providing a twenty-four-hour emergency contact phone number. Such installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the installation.
J.
Utility connections. The Planning Board may require as a condition of site plan approval that all utility connections from the solar photovoltaic installation shall be underground, after considering 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.
K.
Emergency services. The large-scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Fire Chief. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.
L.
Monitoring and maintenance; reporting. The owner or operator of the large-scale ground-mounted solar photovoltaic installation shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and emergency medical services, as prescribed in the site plan approval of the Planning Board. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), unless accepted as a public way. The owner or operator shall provide a copy of any report required to be submitted to the Massachusetts Department of Energy Resources to the Planning Board at the time of such submittal.
M.
Abandonment or decommissioning. Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has 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 or abandonment. 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 large-scale ground-mounted solar photovoltaic installations, 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.
(3)
Stabilization or revegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
N.
Removal by Town. If the owner or operator of the large-scale ground-mounted solar photovoltaic installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation.
O.
Performance guarantee. The Planning Board shall require an applicant for a large-scale ground-mounted solar photovoltaic installation to provide a performance guarantee, in the form of an escrow account, bond or tripartite agreement, to cover the cost of removal in the event the Town must remove the installation and repair any damage done to the subject property, in an amount and form determined to be reasonable by the Board. Such performance guarantee shall not be required for municipal- or state-owned facilities.
P.
Accessory roof-mounted solar photovoltaic installations. Nothing in this section shall be construed to prevent the installation, pursuant to MGL c. 40A, § 3, of accessory roof-mounted solar photovoltaic installations in any district.