[Added 10-22-2013 ATM,
Art. 9]
The purpose of this bylaw is to reasonably regulate large-scale
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 to provide
adequate financial assurance for the eventual decommissioning of such
installations.
A.
This bylaw applies to large-scale ground-mounted solar photovoltaic
installations, as defined herein, proposed to be constructed after
the effective date of this bylaw. This bylaw also pertains to physical
modifications that materially alter the type, configuration, or size
of these installations or related equipment.
B.
The bylaw in not intended to regulate systems of less than 250 kW
or roof-mounted systems. It is also not intended to regulate systems
that are consumptive power systems, where all power that is generated
is utilized to power on-site operations.
A permit issued by the Building Inspector allowing for the
construction of a large-scale ground-mounted solar photovoltaic installation
consistent with state and federal regulations and the Zoning Bylaw.
A solar photovoltaic system that is structurally mounted
on the ground and is not roof-mounted, has a minimum nameplate capacity
of 250 kW DC, and generates power utilized at least in part off-site.
The maximum rated output of electric power production of
the photovoltaic system in direct current (DC).
The Northbridge Zoning Bylaw.
The following requirements are common to all for all large-scale
solar power generation installations:
A.
Compliance with laws and regulations. The construction and operation of all LGSPI 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. Provided that the provisions of Article XVI (Route 146 Overlay District) shall not apply to an LGSPI.
B.
Building permit. No LGSPI shall be constructed, installed or modified
except pursuant to a building permit. The building permit application
for a LGSPI must be accompanied by the required fee.
C.
Site plan review. No LGSPI shall be constructed, installed or modified
except in conformity with a site plan approved by the Planning Board
in accordance with the Zoning Bylaw. The Planning Board shall consider
and apply the requirements set forth in this bylaw in reviewing and
deciding an application for site plan approval. Upon receipt of an
application for site plan approval of a LGSPI, the Planning Board
may engage, at the applicant's cost, professional and technical consultants,
including legal counsel, to assist the authority with its review of
the application, in accordance with the requirements of Section 53G
of Chapter 44 of the Massachusetts General Laws. The Planning Board
may direct the applicant to deposit funds with the Planning Board
for such review at the time the application is accepted, and to add
additional funds as needed upon notice. Failure to comply with this
section shall be good grounds for denying the application. Upon approval
of the application, any excess amount in the account attributable
to that project, including any interest accrued, shall be repaid to
the applicant.
D.
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.
E.
Operation and maintenance plan. The project proponent shall submit
a plan for the operation and maintenance of the LGSPI, which shall
include measures for maintaining safe access to the installation,
stormwater controls, and general procedures for operational maintenance
of the installation.
F.
Utility notification. No LGSPI 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 or
operator's intent to install an interconnected customer-owned generator.
Off-grid systems shall be exempt from this requirement.
G.
Design standards.
(1)
Setbacks and screening. Front, side and rear yards for LGSPI
shall be as follows:
(a)
Front yard. The front yard depth shall be at least 100 feet.
(b)
Side yard. Each side yard shall have a depth at least 50 feet.
(c)
Rear yard. The rear yard depth shall be at least 50 feet.
|
Every abutting property shall be visually screened from the
LGSPI through any one or combination of the following: location, distance,
plantings, existing vegetation and fencing (not to exceed 6 feet in
height).
|
(2)
Appurtenant structures. All appurtenant structures to a LGSPI
shall be subject to the same regulations that pertain to primary structures
as set forth in the Zoning Bylaw.
(3)
Landscaping. The project proponent shall submit a landscape
plan detailing all proposed changes to the landscape of the site,
including temporary or permanent roads or driveways, grading, vegetation
clearing and planting and screening vegetation and/or fences/walls.
(4)
Land clearing and grading, soil erosion and habitat impacts.
Clearing of natural vegetation shall be limited to what is necessary
for the construction, operation and maintenance of the LGSPI or otherwise
prescribed by applicable laws, regulations, and bylaws. Land clearing
and grading plans shall avoid practices that cause erosion and shall
minimize habitat disruption.
(5)
Lighting. Lighting of LGSPI, including appurtenant structures,
shall be consistent with local, state and federal law, and otherwise
shall be limited to that required for safety and operational purposes.
It shall be designed to minimize glare on abutting properties and
be directed downward with full cut-off fixtures to reduce light-pollution.
(6)
Signage.
Signs on LGSPI shall comply with all applicable legal requirements,
including the Zoning Bylaw. One sign consistent with the Zoning Bylaw
shall be required to identify the owner and provide a 24-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.
(7)
Utility connections. Reasonable efforts, as determined by the
Planning Board, shall be made to place all utility connections from
the solar photovoltaic 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.
H.
Monitoring and maintenance.
(1)
Solar photovoltaic installation conditions. The owner or operator
of the LGSPI 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 Fire Chief and local emergency medical
services. 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.
(2)
Emergency services.
Prior to issuance of a building permit, the LGSPI owner or operator
shall provide a project summary, electrical schematic, and approved
site plan to the Town's local safety officials, including the Police
Chief, Fire Chief and Building Inspector.
Upon request the owner or operator shall cooperate with local
safety officials in developing an emergency response plan, which may
include ensuring that emergency personnel have immediate, 24-hour
access to the facility. 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, and shall provide a mailing address and
telephone number for such person(s).
I.
Modifications. All material modifications to a LGSPI made after issuance
of the required building permit shall require approval by the Planning
Board through Site Plan Review.
J.
Discontinuance and removal.
(1)
Removal requirements.
Any LGSPI, or any substantial part thereof, not used for a period
of one continuous year or more without written permission from the
Planning Board, or that has reached the end of its useful life, shall
be considered discontinued, and shall be removed. Upon written request
from the Building Inspector addressed to the contact address provided
and maintained by the owner or operator as required above, the owner
or operator shall provide evidence to the Building Inspector demonstrating
continued use of the LGSPI. Failure to provide such evidence within
30 days of such written request shall be conclusive evidence that
the installation has been discontinued. Anyone intending to decommission
and/or remove such an installation shall notify the Planning Board
and Building Inspector by certified mail of the proposed date of discontinued
operations and plans for removal.
The owner or operator shall physically remove the installation
no more than 150 days after the date of discontinued operations. Removal
shall consist of:
(a)
Physical removal of all parts of and appurtenances to the LGSPI,
including 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 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.
(d)
Gravel or ground cover consistent with landscape.
|
If the owner or operator of the LGSPI fails to remove the installation
in accordance with the requirements of this section, the Town shall
have the right, to the extent it is otherwise duly authorized by law,
to enter the property and remove the installation at the expense of
the owner of the installation and the owner(s) of the site on which
the facility is located.
|
(2)
Financial surety. Proponents seeking to construct and operate
an LGSPI shall provide, prior to construction, a form of surety, either
through escrow account, bond or otherwise, to cover the cost of removal
in the event the Town must remove the LGSPI and remediate the landscape.
The amount and form of such surety shall be determined by the Planning
Board. 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.
[Added 2-6-2018 STM by
Art. 1]
The Community Shared Solar Overlay District (CSSOD) is hereby
established as an overlay district within the Town of Northbridge.
All requirements pertaining to the underlying district(s) shall continue
to be in full force and effect, except where the provisions of the
CSSOD supersede such underlying requirements or provide for an alternative
to such requirement(s).
A.
Purpose. The purpose of the Community Shared Solar Overlay District
(CSSOD) is to allow for the siting, construction and operation of
a large-scale ground-mounted solar photovoltaic installation (LGSPI).
B.
Location. The boundaries of the Community Shared Solar Overlay District
(CSSOD) are shown on a map entitled "Northbridge, Massachusetts Zoning
Overlay District Map" prepared by CMRPC-Central Massachusetts Regional
Planning Commission dated December 19, 2017. The CSSOD is comprised
of land identified on the 2017 Northbridge Assessors' Map 27 as Parcels
15, 16, 17, 18, 20, 21, 22, 23, 29, and 89.
C.
Permitted use. The provisions of the CSSOD apply to the construction of solar photovoltaic systems as defined herein and in accordance with Article XX, Large-Scale Ground-Mounted Solar Photovoltaic Installations, of the Northbridge Zoning Bylaw.
D.
APPURTENANT STRUCTURES
COMMUNITY SHARED SOLAR
HAZARDOUS MATERIALS
LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION
RATED NAMEPLATE CAPACITY
SOLAR ARRAY
SOLAR PHOTOVOLTAIC (PV) SYSTEM
SPECIAL PERMIT GRANTING AUTHORITY
Definitions.
All structures, the use of which is appurtenant (secondary
to) a solar photovoltaic system, including but not limited to equipment
shelters, storage facilities, transformers, and substations.
A community shared solar (CSS) project is a solar photovoltaic
system that provides benefits such as electricity, net metering credits,
and return on investment to multiple participants. A CSS project is
a project hosted by an entity and supported by multiple participants,
who invest in the project or purchase the electricity or net metering
credits generated.
Hazardous materials stored, used or generated on site shall
not exceed the amount for a very small quantity generator of hazardous
waste (VSQG) as defined by the Massachusetts Department of Environmental
Protection (DEP) pursuant to regulations at 310 CMR 30.000, and shall
meet all requirements of the DEP, including storage of hazardous materials.
If hazardous materials are utilized within the solar electric equipment,
impervious containment areas capable of controlling any release to
the environment and to prevent potential contamination of groundwater
shall be required.
A solar photovoltaic system that is structurally mounted
on the ground and is not roof mounted, has a minimum nameplate capacity
of 250 kW DC, and generates power utilized at least in part off site.
The maximum rated output of electric power production of
the photovoltaic system in direct current (DC).
Solar panels arranged in a group to capture sunlight to be
converted into usable electricity.
A power system designed to supply usable solar power by means
of photovoltaics, consisting of an arrangement of several components,
including solar panels to absorb and convert sunlight into electricity,
a solar inverter to change the electrical current from DC to AC, and
other related electrical accessories.
The Planning Board shall be the special permit granting authority
(SPGA) for solar photovoltaic systems within the Community Shared
Solar Overlay District (CSSOD).
E.
Special permit. In accordance with § 173-74 (Special permits), the Planning Board may issue a special permit for solar photovoltaic systems pursuant to the requirements and standards noted herein upon site plan review and approval of same in accordance with § 173-49.1 (Site plan review by Planning Board).
F.
General requirements. In addition to the general requirements provided for in § 173-136 for large-scale solar photovoltaic installations, the following requirements shall apply to community shared solar systems.
(1)
Compliance with laws and regulations. The construction and operation
of large-scale ground-mounted solar photovoltaic installations (LGSPI)
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.
(2)
Building permits. No LGSPI shall be constructed, installed or
modified except in accordance with a duly issued building permit.
(3)
Site plan review. No LGSPI shall be constructed, installed or modified except in conformity with a site plan approval by the Planning Board. The Planning Board shall consider and apply the requirements set forth herein and as provided for in § 173-136 (General requirements).
(4)
Setbacks and screening. Minimum setbacks for a LGSPI shall be
as follows: a minimum front lot depth of 100 feet; minimum side lot
depth of 50 feet and minimum rear lot depth of 50 feet. Every abutting
property shall be visually screened from the LGSPI through any one
or combination of the following: location, distance, plantings, existing
vegetation and fencing. No setbacks shall be required for interior
parcel lot lines of adjoining parcels held in common ownership within
the CSSOD.
(5)
Building lot. A LGSPI shall be permitted on contiguous parcels
of land of 100 acres or more within the CSSOD and having a minimum
lot width of 50 feet on a public way within the Town of Northbridge.
Adjoining interior parcels without frontage that are held in common
ownership shall be considered toward the 100 acre requirement for
a LGSPI application. A LGSPI shall be permitted on multiple adjoining
parcels through the issuance of a single building permit.
(6)
Lot access. Access to a LGSPI may be provided via the qualifying
frontage or from adjoining parcels held in common ownership as may
be approved by the Planning Board as part of site plan review.
