West Springfield City Zoning Code
ARTICLE X
Additional Use Regulations
§ 300-10.0 Home occupations.
The following uses shall be permitted by right in all Residence Districts:
A.
The office of a physician, optometrist or dentist (provided there are no hospital facilities in connection therewith) and the office or studio of an accountant, architect, artist, lawyer, musician, professional engineer, or teacher of scholastic subjects, when situated in the same building used as the residence of the person engaged in such occupation and provided that not more than 1/3 of the dwelling shall be so used.
B.
Customary home occupation uses, such as dressmaking and apartment used as a private residence by the person carrying on the occupation, provided that no person outside the family unit may be so employed, and provided that no more than 1/3 of the dwelling or apartment shall be used therefor. No signs shall be permitted for such uses. Hairdressing and beauty parlors shall not be deemed to be such customary home occupation uses.
§ 300-10.1 Parcels over 30,000 square feet in Central Business District.
A.
Parcels over 30,000 square feet in the Central Business (CB) District by special permit. The coordinated development of parcels in excess of 30,000 square feet, whether or not these abut, shall be permitted only by a special permit from the Board of Appeals with site plan review from the Planning Board, as specified in Article XII, Special Permits, and Article XIII, Site Plan Review, and Article XIV, Site Plan Administration, of this ordinance, and in accordance with the additional requirements specified herein.
B.
Additional requirements. The following standards shall be used as additional requirements in the special permit process for all parcels over 30,000 square feet of size in the Central Business District:
(1)
The design of such development shall be prepared by an architect licensed to practice in the commonwealth. Said design shall also incorporate a landscaping plan prepared by a landscape architect licensed to practice in the commonwealth.
(2)
Parking areas associated with such development shall be landscaped in accordance with the requirements of § 300-9.7B(2), Off-site and off-street parking areas. No such parking area shall run for more than 80 feet along a front street line and such parking areas shall run for not more than 150 feet along any side street line.
(3)
Pedestrian walkways shall be provided within each parking area to connect such area with buildings and public sidewalks. Such walkways shall extend to the most distant portions of such parking areas and shall be clearly distinguished through design and/or material. Such walkways shall also be protected from automobile parking spaces and driving lanes.
(4)
Such development shall be subject to all other requirements of this ordinance.
(5)
The Board of Appeals shall not grant a special permit until it has received written recommendations from the Planning Board, provided such recommendations are presented to the Board of Appeals within 30 days of the publication of the first legal notice for any required public hearing.
§ 300-10.2 Sale of used motor vehicles and trailers.
A.
Sale of used motor vehicles and trailers by special permit. Establishments for the sale of used motor vehicles and trailers shall be permitted in the Business B (BB) District only upon issuance of a special permit with site plan review from the Planning Board, as specified in Article XII, Special Permits, and Article XIII, Site Plan Review, and Article XIV, Site Plan Administration, of this ordinance and in accordance with the additional requirements specified herein.
B.
Additional requirements. The following standards shall be used as additional requirements in the special permit process for establishments for the sale of used motor vehicles or trailers:
(1)
Repair of vehicles shall be limited to those which are sold on-site. All repair and detailing work shall be conducted within a garage and shall not be conducted in the open.
(2)
No vehicles utilized for parts shall be stored on site. The salvaging or scrapping of motor vehicles or trailers on the premises shall be prohibited.
(3)
All provisions for landscaping and parking shall be in compliance with the requirements of this ordinance.
§ 300-10.3 Hospitals, sanatoriums and medical/dental centers, offices, clinics or laboratories.
A.
Hospitals, sanitariums and medical/dental centers, offices, clinics and laboratories with site plan review.
(1)
In Business and Industrial Districts, hospital and sanitariums shall be permitted in the Business A (BA), Business B (BB), Business B-1 (BB-1) and Industrial (I) Districts only with site plan review from the Planning Board, as specified in Article XIII, Site Plan Review, and Article XIV, Site Plan Administration, of this ordinance and in accordance with the additional requirements specified herein.
(2)
Only medical/dental offices shall be permitted in the Residence C (RC), Neighborhood Business (NB), or Central Business (CB) Districts with site plan review from the Planning Board, as specified in Article XIII, Site Plan Review, and Article XIV, Site Plan Administration, of this ordinance and in accordance with the additional requirements specified herein.
(3)
Medical/Dental centers, offices, clinics or laboratories shall be permitted in the Business A (BA), Business A-1 (BA-1), Business B (BB), Business B-1 (BB-1), or Industrial (I) Districts only with site plan review from the Planning Board, as specified in Article XIII, Site Plan Review, and Article XIV, Site Plan Administration, of this ordinance and in accordance with the additional requirements specified herein.
B.
Hospitals, sanitariums and medical/dental centers, offices, clinics and laboratories by special permit with site plan review.
(1)
In the residential districts, hospitals and sanitariums shall be permitted in the Residence A-2 (RA-2), Residence B (RB), Residence C (RC) Districts only upon issuance of a special permit from the Board of Appeals with site plan review from the Planning Board, as specified in Article XII, Special Permits, and Article XIII, Site Plan Review, and Article XIV, Site Plan Administration, of this ordinance and in accordance with the additional requirements specified herein.
(2)
Medical/Dental centers, offices, clinics or laboratories shall be permitted in the Special Use - Technical (SU-T) District only upon issuance of a special permit with site plan review from the Planning Board, as specified in Article XII, Special Permits, and Article XIII, Site Plan Review, and Article XIV, Site Plan Administration, of this ordinance and in accordance with the additional requirements specified herein.
C.
Additional requirements. The following standards are additional requirements for all hospitals, sanitariums, medical/dental centers, offices, clinics or institutions:
(1)
All parking shall be located to the side or rear of the principal building and in accordance with this ordinance.
(2)
A landscaped buffer a minimum of five feet in height and five feet in width shall be provided along abutting property lines.
(3)
In residential districts, light poles shall not exceed 15 feet in height. All lighting shall be contained on site.
(4)
All waste disposal facilities shall be located to the rear of the principal structure.
§ 300-10.4 Recreation community centers.
A.
Recreation community center with site plan review. Recreation community centers shall be permitted in the Business A (BA), Business A-1 (BA-1), Business B (BB) and Business B-1 (BB-1) Districts only with site plan review from the Planning Board, as specified in Article XIII, Site Plan Review, and Article XIV, Site Plan Administration, of this ordinance and in accordance with the additional requirements specified herein.
B.
Recreation community center by special permit with site plan review. Recreation community centers shall be permitted in the Residence A (RA), Residence A-1 (RA-1), Residence A-2 (RA-2), Residence B (RB), Residence C (RC), and Central Business (CB) Districts only upon issuance of a special permit from the Board of Appeals with site plan review from the Planning Board, as specified in Article XII, Special Permits, and Article XIII, Site Plan Review, and Article XIV, Site Plan Administration, of this ordinance and in accordance with the additional requirements specified herein.
C.
Additional requirements. The following standards are additional requirements for all recreation community centers:
(1)
All parking shall be located to the side or rear of the principal structure.
(2)
In residential districts, light poles shall not exceed 15 feet in height. All lighting shall be contained on site.
(3)
All waste disposal facilities shall be located to the rear of the principal structure.
(4)
The sale of alcoholic beverages shall be prohibited.
§ 300-10.5 Junkyards, junk storage, scrapping of motor vehicles and parts and salvage.
A.
Junkyards, junk storage, scrapping of motor vehicles and parts and salvage by special permit with site plan review. Junkyards, junk storage, scrapping of motor vehicles and parts shall be permitted in the Industrial (I) District only upon issuance of a special permit from the Board of Appeals with site plan review from the Planning Board, as specified in Article XII, Special Permits, and Article XIII, Site Plan Review, and Article XIV, Site Plan Administration, of this ordinance and in accordance with the additional requirements specified herein.
B.
Additional requirements. The following standards are additional requirements in the special permit process for junkyards, junk storage, scrapping of motor vehicles and parts and salvage:
(1)
A landscaped buffer a minimum of five feet in height and 15 feet in width shall be provided along abutting property lines.
(2)
All waste shall be stored and handled in accordance with state and federal regulations.
(3)
Monitoring wells shall be installed and biannual reports submitted to the SPGA (special permit granting authority).
(4)
Biannual reports shall be submitted to the SPGA detailing type of materials received and method of disposal.
§ 300-10.6 Warehouse/Retail trade and distribution.
In its review and issuance of a special permit to allow for the operation of a warehouse/retail trade and distribution facility, the Planning Board shall make the following findings:
A.
The operation of the warehouse/retail trade and distribution facility is considered compatible with surrounding industrial uses in terms of trip generation, traffic impacts to abutting roadways and impacts from general industrial activities, including but not limited to noise, vibration and odor.
B.
The operation of the warehouse/retail trade and distribution facility is limited to the sales and distribution of a single product category (examples of single product categories are meat products, lighting fixtures, textiles) and not a variety of product categories for retail sales (examples of retail uses not permitted are Sears, Old Navy, Target, Wal-Mart, Home Depot, Dick's Sporting Goods).
C.
A substantial portion of the sales of the single product category must be to industrial, commercial, institutional or professional business users and not retail sales to the general public.
D.
The building, or portion thereof, used as a warehouse/retail trade and distribution facility establishment shall be dedicated for warehousing and storage of goods and materials of its single product category and not for general retail floor space.
§ 300-10.7 Adult theaters, adult bookstores and adult clubs.
A.
Adult theaters, adult bookstores and adult clubs by special permit. Adult theaters, adult bookstores and adult clubs shall be permitted in the Business B (BB) District only upon issuance of a special permit from the Zoning Board of Appeals with site plan review from the Planning Board, as specified in Article XII, Special Permits, and Article XIII, Site Plan Review, and Article XIV, Site Plan Administration, of this ordinance and in accordance with the additional requirement specified herein.
B.
Additional requirements. The following standards are additional requirements in the special permit process for adult theaters, adult bookstores and adult clubs:
(1)
The property for the proposed use shall not be located within 1,000 feet of a district designated for any residential use.
(2)
The property for the proposed use shall not be located within 1,000 feet of another adult theater, adult bookstore, adult club or any establishment licensed under the provisions of MGL c. 138, § 12.
(3)
No obscene matter, material or conduct, as defined in MGL c. 272, § 31, shall be permitted.
(4)
A minimum five -foot-wide landscaped buffer shall be required along the side and rear property lines, which shall be a minimum of five feet in height.
(5)
All parking areas shall be located in the side or rear yards.
(6)
All parking areas shall be illuminated and all lighting shall be contained within the property.
(7)
In addition to the requirements of the special permit, the proposed use of property shall conform to all requirements of the Zoning Ordinance as it relates to parking, landscaping and signage.
(8)
No person convicted of violating the provisions of MGL c. 119, § 63 or MGL c. 272, § 28 shall be issued a special permit related to this Subsection B.
§ 300-10.8 Repair garages.
A.
Repair garage by special permit. Repair garages shall be permitted in accordance with the provisions of Article V and only upon issuance of a special permit with site plan review from the Planning Board, as specified in Article XII, Special Permits, and Article XIII, Site Plan Review, and Article XIV, Site Plan Administration, of this ordinance and in accordance with the additional requirement specified herein.
B.
Additional requirements. The following standards are additional requirements in the special permit process for repair garages:
(1)
Storage of vehicles for parts or storage of parts in the open is prohibited.
(2)
No work shall be conducted between the hours of 10:00 p.m. and 6:00 a.m.
§ 300-10.9 Energy use and conservation.
A.
Purpose. The regulations contained in this section are intended to promote more effective use of energy in the Town and, more specifically, the accomplishment of energy-related goals, subgoals and policies of the West Springfield Master Plan. The accomplishment of these objectives is pursued, in part, by the encouragement of alternative sources of energy, e.g., solar, wind and wood.
B.
Definitions. For the purposes of this section and ordinance, the following definitions shall apply:
WINDMILL
A device which converts wind energy to mechanical or electrical energy.
WINDMILL ROTOR
That portion of the windmill, i.e., blades, associated hub and shaft, intended to be moved or activated by the wind.
WINDMILL TOWER
The supporting structure on which the rotor and accessory equipment are mounted.
C.
Regulations with respect to windmills. Unless otherwise noted, windmills not described and regulated in this section are not permitted unless a variance is obtained from the Board of Appeals.
(1)
General regulations.
(a)
Abandonment/Safety. A windmill will be considered abandoned if not operated for a period of two years or if it is designated a safety hazard by the Building Inspector. Once a windmill is designated as abandoned, the owner shall be required to immediately dismantle the installation.
(b)
Access. Climbing access to the windmill tower shall be limited either by:
[1]
The installation of a fence with locked gate around the tower base; or
[2]
Limiting tower climbing apparatus to no lower than 10 feet from the ground. If a fence is used, it shall be no lower than five feet and constructed in such a manner as to restrict passage through said fence, including such construction as stockade, woven wood, chain link, etc. Note: Open construction such as "split rail" is expressly prohibited.
(c)
Height, freestanding windmills. Permissible height shall be measured as the vertical distance from the grade of the ground adjoining the windmill to the center of the windmill rotor. The permissible height of windmills with rotors which are mounted vertically shall be measured from the grade of the ground adjoining the windmill to a point halfway between the lowest and highest points of the rotor.
(d)
Height, roof windmills. Permissible height shall be measured as the vertical distance from the top of the roof of the building on which the windmill is mounted to the center of the windmill rotor. The permissible height of windmills with rotors which are mounted vertically shall be measured from the top of the roof of the building on which the windmill is mounted to a point halfway between the lowest and highest points of the rotor.
(e)
Noise and electrical interference. Setback requirements notwithstanding, no windmill shall be located so as to generate excessive noise and/or electrical interference, e.g., with radio and television reception on neighboring premises. If such interference or excessive noise is created, the Town Council, following a duly authorized public hearing, shall be empowered to order appropriate corrective action, including a cessation of the windmill's operation.
(f)
Placement. No windmill shall be constructed in any front or side yard area. All other setback requirements shall be measured from property lines to the center of the base of the windmill tower.
(g)
Any roof-mounted windmills shall be installed in strict compliance with the manufacturer's instructions; in the event such instructions do not so specify, any roof-mounted windmill shall be bolted through the roof with bearing plates installed on the roof's underside.
(2)
Specific regulations. Windmills permitted upon issuance of appropriate permits by the Inspector of Buildings, Wiring Inspector and/or Plumbing Inspector.
(a)
Freestanding windmills permitted in any zoning district.
[1]
Maximum height: 75 feet.
[2]
Maximum rotor diameter: 35 feet.
[3]
Setback: 1.75 times the height of the windmill.
(b)
Roof-mounted windmills permitted in RA, RA-1, RA-2, and RB Zoning Districts.
[1]
Maximum height: 15 feet.
[2]
Maximum rotor diameter: six feet.
(c)
Roof-mounted windmills permitted in all other zoning districts.
[1]
Maximum height: 25 feet.
[2]
Maximum rotor diameter: 16 feet.
(d)
Exemptions. Freestanding windmills 25 feet or less in height, roof-mounted windmills 10 feet or less in height, or windmills used solely for agricultural purposes may be installed without building permits. In addition, windmills not connected to building systems, e.g., those used for irrigation, motor vehicle recharging systems, swimming pool filters and the like, may be installed without permits from the Wiring or Plumbing Inspector.
(3)
Windmills allowed by special permit granted by the Board of Appeals.
(a)
Maximum heights and rotor diameters.
[1]
Freestanding, any zoning district.
[a]
Height: 100 feet.
[b]
Rotor diameter: 65 feet.
[2]
Roof-mounted, RA, RA-1, RA-2, RB Zoning Districts.
[a]
Height: 25 feet.
[b]
Rotor diameter: 16 feet.
[3]
Roof-mounted, all other zones.
[a]
Height: 40 feet.
[b]
Rotor diameter: 20 feet.
(b)
Setback, freestanding windmills: 2.00 times the height of the windmill. In the event a special permit is sought for a windmill which is to be jointly owned by abutting landowners, required setbacks may be measured from the farthest property lines of such abutting properties.
(c)
In considering a special permit the Board of Appeals shall determine that no substantial detriment to the public good or safety shall occur; in addition, the Board shall ensure that the permit sought will not adversely affect the environmental and visual quality of the Town. The Board shall also ensure that any special permits granted for jointly owned windmills contain provisions to guarantee that responsibility for maintenance and repair of such windmills "runs with the land" of each participating landowner.
§ 300-10.10 Commercial ground-mounted solar photovoltaic installations.
A.
Purpose. The purpose of this section of the ordinance is to promote the creation of commercial ground-mounted solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources and provide adequate financial assurance for the eventual decommissioning of such installations.
B.
Applicability.
(1)
This section applies to large-scale ground-mounted solar photovoltaic (PV) installations measuring 1.25 acres and larger. This section of the West Springfield Zoning Ordinance does not apply to solar PV facilities mounted on buildings or to solar PV facilities for residential use.
(2)
The provisions of this section shall not apply to land owned by the Town of West Springfield.
C.
General requirements for all solar power general installations.
(1)
Compliance with laws, ordinances and regulations. The construction and operation of all ground-mounted solar PV installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar PV installation shall be constructed in accordance with the State Building Code.
(2)
Building permit. No ground-mounted solar PV installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit.
D.
Site plan review.
(1)
Ground-mounted solar PV installations measuring 1.25 acres and larger shall undergo a site plan review as outlined in Articles XIII and XIV of the West Springfield Zoning Ordinance prior to construction, installation or modification of the facility as provided in this section. The total area of ground-mounted solar PV structures shall include the areas where the solar panels are installed, all appurtenant and accessory buildings, access roads, landscaping and visual screening elements.
(2)
Required documents.
(a)
Pursuant to the required site plan content described in § 300-13.6 of the Zoning Ordinance, the project proponent shall provide the following additional documents and information. The Planning Board may waive any of these requirements as it deems appropriate.
[1]
A site plan showing:
[a]
Property lines and physical features, including roads for the project site, wetlands, wildlife corridors and other relevant features;
[b]
Location and approximate height of tree cover, including any trees on public property that are age 75 years and older or with a diameter of 36 inches or greater, and any trees that are within the jurisdiction of the Tree Warden;
[c]
Proposed changes to the landscape of the site, including roads, grading, vegetation clearing and planting, roads, parking areas, exterior lighting, screening vegetation or structures;
[d]
Elevations of the solar PV installation signed by a professional engineer showing the proposed layout of the system and any potential shading from structures and vegetation, including those on abutting property(ies);
[e]
A three-line electrical diagram detailing the solar PV installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;
[f]
Documentation of the major system components to be used, including the photovoltaic panels, mounting system, and inverter;
[g]
Name, address, and contact information for the proposed system installer;
[h]
Name, address, phone number and signature of the project proponent, as well as all co-proponents and property owners, if any;
[i]
The name, contact information and signature of any agents representing the project proponent; and
[j]
Documentation of actual or prospective access and control of the project site (see also Subsection E);
[k]
An operation and maintenance plan (see also Subsection E).
[2]
Proof of liability insurance consistent with industry standards for the proposed facility;
[3]
Description of financial surety that satisfies Subsection I; and
[4]
A public outreach plan, including a project development time line, which indicates how the project proponent will inform and educate abutters and the community.
(b)
All plans shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts.
E.
Site control, operation and maintenance plan, and utility notification.
(1)
The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed solar photovoltaic installation.
(2)
The project proponent shall submit a plan for the operation and maintenance of the ground-mounted solar PV installation, which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation.
(3)
No ground-mounted solar PV installation shall be constructed until evidence has been given to the Planning Board that the utility company that operates the electrical distribution system grid where the installation is to be located has been informed by the owner or operator of the proposed solar PV installation of his/her intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
F.
Dimension and density requirements.
(1)
Setback and height requirements. The setbacks for ground-mounted solar photovoltaic installations, including appurtenant structures and parking areas, shall be at least 50 feet from any property boundary. The setback areas shall not be included in the calculation of the size of the ground-mounted solar voltaic installation. The height of a ground-mounted solar photovoltaic installation or any appurtenant structure shall comply with the requirements of § 300-6.0 of the West Springfield Zoning Ordinance.
(2)
Lot coverage. The lot coverage requirements of Table 6-2 of the West Springfield Zoning Ordinance do not apply to ground-mounted solar PV installations.[1]
[1]
Editor's Note: Table 6-2 is included as an attachment to this chapter.
(3)
Appurtenant structures. All appurtenant structures to ground-mounted solar PV installations shall comply with the requirements of § 300-6.3E, Accessory structures, of the West Springfield Zoning Ordinance All such appurtenant structures include but are not limited to equipment shelters, storage facilities, transformers, and substations.
G.
Design, safety, and environmental standards.
(1)
Lighting. Lighting of solar PV installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar PV installation shall be directed downward and shall incorporate full-cut-off fixtures to reduce light pollution.
(2)
Signage. Any signs on ground-mounted solar PV installations and property shall comply with § 300-9.2 of this Zoning Ordinance. A sign shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number. Solar PV installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.
(3)
Utility connections. Reasonable efforts, as determined during the site plan review, shall be made to place all utility connections from the solar PV installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.
(4)
Landscaping. All land associated with the ground-mounted solar PV installation shall be covered and grown in natural vegetation. All ground surface areas beneath solar arrays and setback areas shall be pervious to maximize on-site infiltration of stormwater. Impervious paving of areas beneath solar arrays is prohibited. To the greatest extent possible, a diversity of plant species shall be used, with preference given to species that are native to New England. Use of plants identified by the most recent copy of the Massachusetts Prohibited Plant List maintained by the Massachusetts Department of Agricultural Resources is prohibited. Herbicides shall be applied only by properly licensed personnel in conformance with all applicable state regulations.
(5)
Parking and access. Reasonable on-site parking is required for vehicles that will service the installation only. The requirements of § 300-9.0, Off-street parking and loading standards, of the West Springfield Zoning Ordinance do not apply.
(6)
Visual impact mitigation. The plan for a ground-mounted solar PV installation shall be designed to maximize the preservation of on-site and abutting natural and developed features. In undeveloped areas, existing vegetation shall be retained to the greatest extent possible, especially where such vegetation provides a benefit to the natural environment. In developed areas, the design of the installation shall consider and incorporate human-designed landscape features to the greatest extent, including contextual landscaping and landscape amenities that complement the physical features of the site and abutting properties. Whenever reasonable, structures should be screened from view by vegetation and/or joined or clustered to avoid adverse visual impacts and be architecturally compatible with each other. Vegetation shall be of varieties native to New England. Vegetative screening shall reach a mature form to effectively screen the installation within five years of installation. The mature height of the vegetated screening shall be such that the installation's structures are not apparent to a person upon any public road and viewing the installation from a height of 10 feet. Planting of the vegetative screening shall be completed prior to final approval of the solar PV installation by the Building Inspector.
(7)
Emergency services. The owner or operator of the ground-mounted solar PV installation shall provide a copy of the project summary, electrical schematic, and site plan to the West Springfield Fire Department. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of disconnecting the solar PV installation shall be clearly marked. The owner or operator shall identify and provide contact information for a person who is responsible for responding to all public and emergency inquiries related to the installation. This information shall be updated as needed.
(8)
Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the ground-mounted solar PV installation or otherwise prescribed by applicable laws, regulations, and ordinances. Sufficient vegetation shall be maintained to minimize soil erosion. Ground-mounted solar PV installations shall be installed only upon water-permeable surfaces as approved during site plan review.
(9)
Preservation of trees. Ground-mounted solar PV installations shall be designed and constructed to preserve and maintain the health and root systems of significant trees on public property and within the jurisdiction of the Tree Warden that are age 75 years and older or at least three feet in diameter at a height of four feet above the ground. Any removal of trees on public property shall be consistent with MGL Chapter 87, Shade Trees, MGL c. 40, § 15C, Scenic road designations, and all other applicable regulations.
(10)
Wildlife corridors. Ground-mounted solar PV installations shall be designed and constructed to minimize the impacts on wildlife corridors.
(11)
Sound levels. Sound levels under normal operating conditions of the ground-mounted solar PV installation measured at the boundary of the lot on which the installation is sited shall not be more than 10 decibels greater than would otherwise exist in the absence of the facility.
(12)
Hazardous materials. Hazardous materials that are stored, used, or generated on site shall not exceed the amount for a very small quantity generator of hazardous waste as defined by Massachusetts Department of Environmental Protection regulations 310 CMR 30.000 and shall meet all applicable requirements, including storage of hazardous materials in a building with an impervious floor that is not adjacent to any floor drains to prevent discharge to the outside environment. If hazardous materials are utilized within the solar electric equipment, then impervious containment areas capable of controlling any release to the environment and to prevent potential contamination of groundwater are required.
(13)
Independent engineer. Upon request of the Planning Board, the proponent shall pay for a licensed third-party independent engineer selected by the permitting authority to review submittals on its behalf.
H.
Monitoring and maintenance.
(1)
Solar photovoltaic installation conditions. The owner or operator of the ground-mounted solar PV installation shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, landscaping and integrity of security measures. Site access shall be maintained to a level acceptable to the West Springfield Fire Chief, Building Inspector and Electrical Inspector. The owner or operator shall be responsible for the cost of maintaining the installation and any access road(s), unless accepted as a public way.
(2)
Modifications. All material modifications to a solar PV installation made after issuance of the required building permit shall require approval by the Planning Board.
(3)
Removal requirements and abandonment.
(a)
Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar PV installation shall be considered abandoned when it fails to operate for more than one year without a written waiver of consent of the Planning Board. If the owner or operator of the large-scale ground-mounted solar PV 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 or its agents may enter the property and physically remove the installation, the full cost of which shall be the responsibility of the owner or operator.
(b)
Removal requirements. Any ground-mounted solar PV installation which has reached the end of its useful life or has been abandoned consistent with Subsection H(3)(a) of this ordinance 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 ground-mounted solar photovoltaic installations, 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]
Stabilization and 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 to minimize erosion and disruption to vegetation.
I.
Financial surety. The project proponent of ground-mounted solar PV projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the Town becomes responsible for removing the installation and remediating the landscape. The amount and form of the surety shall be determined to be reasonable by the permitting authority, but in no event should exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent. Such surety is not required for municipally owned 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.