[Added 10-28-2013 STM
by Art. S10]
The purpose of the Solar Bylaw is to provide standards and guidelines
for the installation of solar photovoltaic (PV) and solar thermal
systems in the Town of Marion, while protecting public health, safety,
and welfare and preserving the character of the Town.
As used in this article, the following terms shall have the
meanings indicated:
Includes:
Fee owners of real property who also own the system; or
Fee owners of real property who intend on leasing the system
to a third party pursuant to a legally binding instrument; or
Third parties who are not the fee owners of the real property
but who have obtained written permission from the fee owners of the
real property to submit an application for a system pursuant to the
terms and conditions of this bylaw.
The technology that uses a semi-conductor material to convert
light directly into electricity.
All size limitations cited herein shall apply to the full-face
areas of an array of solar panels themselves, not their projected
areas on roofs or ground.
Systems designed for the primary purpose of generating power
for sale to third parties via the electric grid. These systems can
be roof-mounted systems or ground-mounted systems that may or may
not have accessory structures on the same lot.
Any part of a system that absorbs solar energy for use in
the system's energy transformation process.
[Hereinafter "system(s)."] Installed in Marion, whether roof-
or ground-mounted, shall include any engineered and constructed structure
that converts sunlight into:
[Amended 10-19-2021 STM by Art. 11]
The following represents the general standards that shall apply
to systems installed pursuant to the provisions of this bylaw:
A.
A system shall not be used to display advertising, including signage,
streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons,
flags, banners, or similar materials, with the exception of the following:
Necessary equipment information, warnings, or indication of ownership
shall be allowed on any equipment of the system or where required
by the Building Code.
B.
No system or any of its components shall be illuminated, except to
the degree minimally necessary for public safety and/or maintenance
and only in compliance with the Marion Zoning Bylaw.
C.
All systems shall be considered either a "structure" or an "accessory structure" as defined in the Marion Zoning Bylaw and shall have setbacks on all sides in accordance with existing zoning requirements as stated in the Dimensional Requirements Table found within § 230-5.1 of the Marion Zoning Bylaw or as further defined in this bylaw.
D.
Large-scale clearing of forested areas for the purpose of constructing
systems is prohibited
E.
No system shall be used or constructed such that it becomes a private
or public nuisance or hazard, and no system shall be abandoned or
not maintained in good order and repair. Any system that is deemed
a private or public nuisance or hazard or otherwise abandoned or not
maintained in good order and repair shall be removed from the property
at the property owner's sole expense.
F.
Stormwater and snowmelt runoff and erosion control shall be managed
in a manner consistent with all applicable federal, state and local
regulations and shall not impact neighboring properties.
G.
Wall mounting or any other form of face-mounted system on any building
or structure is prohibited in all zoning districts.
H.
Utility connections. All electrical work shall be in accordance with
the National Electrical Code and the Massachusetts Building Code and
have received all applicable permits, including but not limited to
environmental permits as may be required. All power transmission lines
from a ground-mounted system to any building or other structure shall
be located underground unless otherwise required by the State Building
Code or impeded by special ground site conditions.
B.
Within residential districts, roof-mounted systems shall conform to existing roof contours, extending not more than 12 inches above roof surfaces. Roof-mounted systems shall be set back a minimum of eight inches from all roof edges (eaves, gutter line, ridge) of the roof surface and 24 inches from adjacent roof or abutting roof or walls of adjoining property. All residential flat roof systems shall conform to requirements of § 230-16.3E.
C.
Flat roof mounted systems shall have a four-foot setback from the
edge of the building perimeter. Screening on the roof is not a requirement.
[Amended 10-21-2019 STM by Art. 22]
D.
In nonresidential districts, roof-mounted solar panels as part of the system may be installed at angles of up to 50° from the horizontal on flat roofs (defined as having a roof pitch less than two inches per foot). The topmost points of the solar panels shall not exceed a total height of four feet above the roof surface. On a pitched roof system (roof pitch equal or greater than two inches per foot), the topmost point of the solar panel shall not exceed two feet measured perpendicular to the roof surface. Systems shall be set back from building edge a minimum of four feet. All these systems are considered to be building-mounted mechanical systems and shall meet all requirements thereof. All flat roof systems shall conform to requirements of Subsection C above.
[Amended 10-19-2021 STM by Art. 11]
This section of the bylaw applies to ground-mounted systems
not classified as solar farms.
A.
Ground-mounted systems equal to or less than 900 square feet or a
panel area equal to 1.5% of the lot size, whichever is larger, may
be installed by an applicant via issuance of a building permit by
the Marion Building Commissioner. No special permit or site plan review
is required.
B.
A solar panel array greater than 900 square feet or 1.5% of lot size, whichever is larger, with a maximum system size of 1,500 square feet, shall be reviewed and approved by the Planning Board pursuant to the provisions of § 230-16.9, Streamlined special permits, and is subject to a minor site plan review (§ 230-16.7).
D.
The maximum height above ground level of any portion of the system
shall be six feet, measured as the vertical distance from the mean
natural grade on the street side(s) and, if not abutting a street,
from the mean natural ground level along the system's designated front
yard, as said front yard is designated by the Building Commissioner.
E.
A system installation shall limit the visual and other impacts on
the adjacent properties. The systems shall be screened from ground
and water level view of the line of sight from public ways or waterway.
Screening can be a six-foot solid fence, an earth berm, year-round
landscaping, or any combination that is consistent and compatible
with the character of the neighborhood where the system is located.
[Amended 10-19-2021 STM by Art. 11]
This section of the bylaw applies to ground-mounted systems
for on-site electrical use.
A.
A solar panel array limited in size to 600 square feet or a panel
area equal to 1.5% of the lot size, whichever is larger, may be installed
after obtaining a building permit from the Building Commissioner.
No special permit or site plan review is required.
C.
The maximum height above surrounding ground level of any portion
of the system shall be six feet, measured as the vertical distance
from the mean natural grade on the street side(s) and, if not abutting
a street, from the mean natural ground level along the system's designated
front yard, as said front yard is designated by the Building Commissioner.
D.
At the expense of the applicant, all parties in interest shall be
notified of the Planning Board meeting during which a minor site plan
review application is to be held pursuant to the provisions of MGL
c. 40A, § 11, notwithstanding that a public hearing shall
not be required.
E.
A system installation shall limit the visual and other impacts on
the adjacent properties. The systems shall be screened from ground
and water level view of the line of sight from public ways or waterway.
Screening can be a six-foot solid fence, an earth berm, year-round
landscaping, or any combination that is consistent and compatible
with the character of the neighborhood where the system is located.
[Amended 10-19-2021 STM by Art. 11]
Where required by this bylaw (Article XVI et seq.), submission to the Planning Board for minor site plan review and approval pursuant to § 230-9.1B of the Zoning Bylaw shall be as set forth herein. In addition to the submission requirements found in § 230-9.1B of the Zoning Bylaw, the Planning Board may require, where in its sole judgment it deems relevant, the submission of one- or three-line electrical diagrams detailing solar PV systems, associated components, electrical interconnection methods, all National Electrical Code compliant disconnects and overcurrent devices, documentation of major system components to be used, including PV panels, mounting system, and inverter(s).
Where required by this bylaw (Article XVI et seq.), submission to the Planning Board for major site plan review and approval pursuant to § 230-9.1C of the Zoning Bylaw shall be as set forth herein and regardless of the minimum threshold requirements found in § 230-9.1C. In addition to the submission requirements found in § 230-9.1C of the Zoning Bylaw, the Planning Board may require, where in its sole judgment it deems relevant, the submission of one or three-line electrical diagrams detailing solar PV systems, associated components, electrical interconnection methods, all National Electrical Code compliant disconnects and overcurrent devices, documentation of major system components to be used, including PV panels, mounting system, and inverter(s), the designed annual electrical output of the system and evidence of the annual on-site consumption in watt-hours. In addition, the Planning Board may require the applicant to provide the name, address, and contact information of proposed system installer, the name, contact information and signature of any agents representing the project proponent, require the provision of evidence of site control, evidence of utility notification, an operation and maintenance plan, emergency response plan, and a description of financial surety.
Certain systems regulated by this bylaw may be subjected to a streamlined special permit procedure that obviates the need to comply with the four enumerated filing requirements contained in Article VII of the Zoning Bylaw (special permit requirements) and MGL c. 40A, § 9 of the Zoning Act as noted below. Specifically, where this bylaw designates an application to be subject to a streamlined special permit, a special permit from the Planning Board pursuant to Article VII of the Zoning Bylaw shall be required; however, the requirements of 1) a traffic study; 2) an environmental impact study, 3) a stormwater study, and 4) a peer review by the Town's engineer shall not be required.
Additions and alterations to any system lawfully in existence as of the effective date of this bylaw shall conform to the requirements of this bylaw. All the provisions of this bylaw, including review pursuant to streamlined special permit § 230-16.9, shall apply to any modification, expansion or alteration to or of a system installed or constructed pursuant to this bylaw or any system preexisting the effective date of this bylaw.
Ground-mounted solar farms are allowed in residential districts
under the following conditions:
A.
In addition to requirements provided elsewhere in this bylaw, system(s) within a solar farm shall be subject to review and approval by the Planning Board pursuant to the provisions of § 230-16.8, Major site plan review and approval;
B.
System(s) within a solar farm shall require receipt of a special permit as defined in Article VII of the Marion Zoning Bylaws.
C.
Solar farms shall be located on lots with a minimum of three contiguous
acres (no less than 130,680 square feet).
D.
Systems within solar farms shall comply with setbacks according to
the Marion Zoning Bylaw except where an adjacent property has or could
have a dwelling unit(s) within 100 feet of the system, in which case
the setback must be a minimum of 100 feet along adjacent property
lines. Access paths around the perimeter of the system may be located
in the setback area.
E.
The maximum height of the ground-mounted solar arrays, support structures
and any local berm below the structures shall be limited to eight
feet above the mean natural grade on the street side(s) and, if not
abutting a street, from the mean natural ground level along the system's
designated front yard, as said front yard is designated by the Planning
Board.
F.
The Planning Board shall be the special permit granting authority.
All modifications to a solar farm made after issuance of the special
permit shall require approval by the Planning Board in accordance
with the existing process for modifications to special permits.
G.
The following additional conditions apply and shall be included with
an application for a special permit and major site plan review for
a solar farm:
(1)
The name and affiliation of the electrical engineers or electricians
who will design the connection to the grid or load.
(2)
Property lines for the subject property and all properties adjacent
to the subject property within 300 feet.
(3)
A plan view to scale with elevations and sight line representations
that shall include:
(a)
The system, all existing buildings, including description of
existing use, if known (e.g., residence, garage, accessory structure
and so forth), located on the property and on all adjacent properties
located within 300 feet of the proposed solar farm.
(b)
Distances, at grade, from the proposed solar farm to each structure
shown on the vicinity plan as well as a plan for screening.
(4)
All proposed changes to the existing property, including grading,
vegetation removal and temporary or permanent roads and driveways.
(5)
A map or plan, as required, showing the connection to the grid
or load, as applicable.
(6)
Colored photographs or Google Earth or equivalent view of the
current conditions and view of the site from at least four locations
from the north, south, east, and westerly directions shall be submitted.
(7)
Material safety data sheets identifying the presence of any
hazardous or potentially hazardous materials.
A.
At such time as the holder of a special permit issued or subsequent
owner(s) elects to abandon or discontinue the use of the solar farm,
the holder shall notify the Planning Board by certified mail, return
receipt requested, of the proposed date of abandonment or discontinuance.
In the event that a holder fails to give such notice, the solar farm
facility shall be considered abandoned or discontinued if the solar
farm has not been operational for 180 days unless the Planning Board
has authorized an extension pursuant to MGL c. 40A, § 9.
B.
Upon abandonment or discontinuation of use, the owner shall physically
remove the solar farm facility within 120 days from the date of abandonment
or discontinuation of use. For good cause shown, this period may be
extended at the request of the holder of the special permit at the
discretion of the Planning Board. "Physically remove" shall include,
but not be limited to:
(1)
Removal of the solar collection panels frames, supporting structures,
foundations, electrical equipment, and connections, all other equipment,
equipment shelters and vaults, security barriers and all appurtenant
structures from the solar farm site;
(2)
Proper disposal of all solid or hazardous materials and wastes
from the site in accordance with local and state solid waste disposal
regulations;
(3)
Restoration of the location of the solar farm facility site
to its natural condition, except that any landscaping consistent with
the character of the site and neighborhood may remain.
A.
Prior to the issuance of a special permit or building permit for
any solar farm ground-mounted system as otherwise permitted pursuant
to this bylaw, an escrow agreement (the "escrow agreement") in form
and substance acceptable to the property owner and the Planning Board
shall be executed by the applicant for said special permit or building
permit, the property owner, and an escrow agent (such party to be
acceptable to the property owner, the applicant, and the Planning
Board), with the Town of Marion named as a third-party beneficiary
under such escrow agreement. The escrow agreement shall require, among
other things, that the applicant shall deposit a specified sum of
money in an escrow account (the "escrow account") to be held by the
escrow agent. The escrow agent shall be a financial institution that
regularly acts as an "escrow agent" or "trustee."
B.
The escrow amount shall be sufficient to cover the estimated cost
to the property owner to remove the facility in full and remediate
the landscape. Where the applicant is not the property owner, the
escrow agreement shall contain a provision, to the satisfaction of
the Planning Board, that any funds released from the escrow account
following the expiration or earlier termination of the lease between
the property owner and the applicant shall:
(1)
First be used by the property owner solely to complete said removal
and remediation up to the amount set forth in the lease;
(2)
Second be used by the property owner to complete any additional removal
and remediation as prescribed by the Planning Board (and consented
to by the property owner) up to the amount set forth in the escrow
agreement; and
(3)
Any excess be returned to the applicant.
C.
The escrow amount shall be established by the applicant to the satisfaction
of the Planning Board and the property owner based upon the applicant's
delivery of a fully inclusive estimate of the costs (the "removal
cost estimate") associated with said removal and remediation (such
amount not to be less than the amount set forth in the lease), prepared
by a qualified engineer. The removal cost estimate shall be reevaluated
every seventh anniversary of the building permit by the applicant's
designated engineer and, in the event of any adjustments to said removal
cost estimate that are approved in writing by both the Planning Board
and the property owner, the escrow amount shall be correspondingly
adjusted to reflect such updated removal cost estimate. Within 90
days of each said seventh anniversary, the property owner shall confirm
in writing to the Planning Board the continued compliance and fully
funded status of the escrow account in satisfaction of this condition.
D.
Any system that does not comply with the above-noted requirements,
including the reevaluation requirements governing the removal cost
estimate, and any system that has been abandoned or not used for a
period of two years or more shall be deemed to no longer comply with
the Marion Zoning Bylaws and shall be subject to the enforcement and
penalty provisions of civil and criminal laws of the Town of Marion
and Commonwealth of Massachusetts.
Prior to the issuance of a building permit for the construction
of a solar farm, the solar farm applicant shall provide the Building
Commissioner with documentation that the utility company that operates
the electrical grid where the solar farm is to be located has executed
a noncontingent, binding and enforceable utility interconnection agreement
with the solar farm owner and applicant for the electrical generation
of the solar system.
Once a special permit for a solar farm has been approved, the
applicant shall duly record a copy of the special permit with the
Plymouth County Registry of Deeds. All subsequent deeds to the property
shall refer to the special permit and incorporate it by reference.
All conditions under which the special permit was originally granted
shall be binding on all successive owners and operators of the property.
The provisions of this bylaw are severable. If any provision
of this bylaw is held invalid, the other provisions shall not be affected
thereby. If the application of this bylaw or any of its provisions
to any person or circumstance is held invalid, the application of
this bylaw and its provisions to other persons and circumstances shall
not be affected thereby.
