[Added 11-7-2011 FYTM, Art. 16[1]]
[1]
Editor's Note: This article also provided for the redesignation
of former Article XIV as Article XV.
A.
The purpose of this bylaw is to provide standards for new large-scale
ground-mounted solar photovoltaic installations, including the placement,
design, construction, operation, monitoring, modification and removal
of such installations, and thereby, to address public safety, and
to minimize impacts on scenic, natural and historic resources.
B.
The provisions set forth in this article shall apply to the construction,
operation, and/or repair of large-scale ground-mounted solar photovoltaic
installations on private property and Town-owned land.
This article applies to large-scale ground-mounted solar photovoltaic
installations proposed after the effective date of this article. For
the purposes of this article, a large-scale ground-mounted solar photovoltaic
installation is any solar photovoltaic array with a rated nameplate
capacity of 250 kW (DC) or more. This article also pertains to physical
modifications that materially alter the type, configuration, or size
of these installations or related equipment.
As used in this article, the following terms shall have the
meanings indicated:
Development may proceed without the need for a special permit,
variance, amendment, waiver, or other discretionary approval. As-of-right
development shall be subject to site plan review to determine conformance
with local zoning ordinances or bylaws. Projects cannot be prohibited
but can be reasonably regulated by the Building Commissioner.
A construction permit issued by the Building Commissioner;
the building permit evidences that the project is consistent with
the state and federal building codes as well as local zoning bylaws,
including those governing ground-mounted large-scale solar photovoltaic
installations.
The zoning districts designated by Town Meeting, in accordance
with MGL c. 40A, § 5, where ground-mounted large-scale solar
photovoltaic installations may be sited. Said locations are shown
on a Zoning Map pursuant to MGL c. 40A, § 4.
A solar photovoltaic system that is structurally mounted
on the ground and is not roof-mounted and has a minimum nameplate
capacity of 250 kW (DC) or more.
A solar photovoltaic installation that is constructed at
a location where other uses of the underlying property occur.
The maximum rated output of electric power production of
the photovoltaic system in direct current (DC).
An arrangement of solar photovoltaic panels.
For applications requiring a special permit, the special
permit granting authority is the Planning Board.
A review by Town staff pursuant to Chapter 83 of the Code of the Town of Brewster.
The Building Commissioner.
The following requirements are common to all solar photovoltaic
installations to be sited in designated locations:
A.
Compliance with laws, ordinances and regulations. The construction
and operation of all large-scale solar photovoltaic 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 photovoltaic installation shall be constructed
in accordance with the State Building Code.
B.
Building permit and building inspection. No large-scale solar photovoltaic
installation shall be constructed, installed or modified as provided
in this article without first obtaining a building permit.
C.
Fees. The application for a building permit for a large-scale solar
photovoltaic installation must be accompanied by the fee required
for a building permit.
D.
Staff review and site plan review. Large-scale ground-mounted solar photovoltaic installations with 250 kW or larger of rated nameplate capacity shall undergo staff review pursuant to the regulations in Chapter 83 of the Brewster Town Code. They shall also undergo site plan review by the Planning Board, prior to construction, installation or modification as provided in this section, following the requirements in § 179-75.5D(1) and (2).
(1)
General. All plans and maps shall be prepared, stamped and signed
by a professional engineer licensed to practice in Massachusetts.
(2)
Required documents.
(a)
Pursuant to the plan review process, the project proponent shall
provide the following documents:
[1]
A site plan showing:
[a]
Property lines and physical features, including
roads, for the project site;
[b]
Proposed changes to the landscape of the site,
grading, vegetation clearing and planting, exterior lighting, screening
vegetation or structures;
[c]
Solar photovoltaic installation blueprints or drawings,
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;
[d]
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;
[e]
Documentation of the major system components to
be used, including the PV panels, mounting system, and inverter;
[f]
Name, address, and contact information for proposed
system installer;
[g]
Name, address, phone number and signature of the
project proponent, as well as all co-proponents or property owners,
if any;
[h]
The name, contact information and signature of
any agents representing the project proponent; and
[2]
A rendering or photo simulation showing the proposed
project at completion;
[3]
Documentation of actual or prospective access and control of the project site (see also Subsection E);
[5]
A utility connection plan (see also Subsection I(3), and an acknowledgment of application from the electric utility;
[6]
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); and
[7]
Proof of liability insurance.
(b)
The Planning Board may waive documentary requirements as it
deems appropriate.
E.
Site control. The project proponent shall submit documentation of
actual or prospective access and control of the project site sufficient
to allow for construction and operation of the proposed solar photovoltaic
installation.
F.
Operation and maintenance plan. The project proponent shall submit
a plan for the operation and maintenance of the large-scale ground-mounted
solar photovoltaic installation, which shall include measures for
maintaining safe access to the installation, stormwater controls,
and general procedures for operational maintenance of the installation.
G.
Utility notification. No large-scale ground-mounted solar photovoltaic
installation shall be constructed until evidence has been given to
the Planning Board that the utility company that operates the electrical
grid where the installation is to be located has been informed of
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.
H.
Dimension and density requirements.
(1)
Setbacks. For large-scale ground-mounted solar photovoltaic
installations, front, side and rear setbacks shall be as follows:
(a)
Front yard. The front yard depth shall be not less than 25 feet
in the Industrial (I) and Municipal Refuse (MRD) Districts and not
less than 50 feet in other districts.
(b)
Side yard. Each side yard shall have a depth not less than 15
feet in the Industrial (I) and Municipal Refuse (MRD) Districts and
not less than 50 feet in other districts.
(c)
Rear yard. The rear yard depth shall be not less than 25 feet
in the Industrial (I) and Municipal Refuse (MRD) Districts and not
less than 50 feet in other districts.
(2)
Appurtenant structures. All appurtenant structures to large-scale
ground-mounted solar photovoltaic installations shall, in the case
of special permits, be subject to reasonable conditions concerning
the bulk and height of structures, lot area, setbacks, open space,
parking and building coverage requirements. All such appurtenant 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 avoid adverse
visual impacts.
I.
Design standards.
(1)
Lighting. Lighting of solar photovoltaic installations shall
be consistent with local, state and federal law. Lighting of other
parts of the installation, such as 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 photovoltaic installation shall be directed downward
and shall incorporate full cutoff fixtures to reduce light pollution.
(2)
Signage. Signs on large-scale ground-mounted solar photovoltaic installations shall comply with Article VI of this bylaw. A sign consistent with Article VI shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number. Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.
(3)
Utility connections. Utility connections from solar photovoltaic
installations shall be underground, but the Planning Board, after
considering the soil conditions, shape, and topography of the site
and any requirements of the utility provider, may permit connections
above the ground. Electrical transformers for utility interconnections
may be above the ground if required by the utility provider.
(4)
Screening. The solar arrays should be screened from roads and
from adjacent residential lots by a minimum five-foot-tall evergreen
screen. The Planning Board may alter or waive this requirement if
such screening would have a detrimental impact on the operation and
performance of the array.
(5)
Security. Appropriate measures shall be taken to prevent the
solar arrays from being damaged or tampered with by individuals trying
to access the area of the installation. The method of securing the
site shall be subject to the approval of the Planning Board.
J.
Safety and environmental standards.
(1)
Emergency services. The large-scale solar photovoltaic installation
owner or operator shall provide a copy of the project summary, electrical
schematic, and site plan to the Fire Chief. Upon request, the owner
or operator shall cooperate with local emergency services in developing
an emergency response plan. All means of shutting down the solar photovoltaic
installation shall be clearly marked. The owner or operator shall
identify a responsible person for public inquiries throughout the
life of the installation.
(2)
Land clearing, soil erosion and habitat impacts. All attempts
should be made to locate a large-scale ground-mounted solar photovoltaic
installation in an area that requires little or no clearing of natural
vegetation. Clearing of natural vegetation shall be limited to what
is necessary for the construction, operation and maintenance of the
large-scale ground-mounted solar photovoltaic installation or otherwise
prescribed by applicable laws, regulations, and bylaws.
K.
Monitoring and maintenance.
(1)
Solar photovoltaic installation conditions. The large-scale
ground-mounted solar photovoltaic installation owner or operator shall
maintain the facility in good condition. Maintenance shall include,
but not be limited to, painting, structural repairs, and integrity
of security measures. Site access shall be maintained at a level acceptable
to the Fire Chief and Emergency Medical Services. The owner or operator
shall be responsible for the cost of maintaining the solar photovoltaic
installation and any access roads, unless they have been accepted
as public ways.
(2)
Modifications. All material modifications to a solar photovoltaic
installation made after issuance of the required building permit shall
require approval by the Planning Board.
L.
Decommissioning.
(1)
Removal requirements. Any large-scale ground-mounted solar photovoltaic
installation which has reached the end of its useful life shall be
removed. The owner or operator shall physically remove the installation
no more than 150 days after the date of discontinued operations due
to the installation reaching the end of its useful life. 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:
(a)
Physical removal of all large-scale ground-mounted solar photovoltaic
installations, structures, equipment, security barriers and transmission
lines from the site.
(b)
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations.
(c)
Stabilization or 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.
