City Council - Ordinance Committee

City of Chicopee City Council Ordinance Committee Members James Tillotson, Chair Fred Krampits, Vice Chair Frank Laflamme Timothy McLellan Jerry Roy APPROVED MINUTES May 9, 2017 The following are the minutes of a public hearing held Tuesday, May 9, 2017 at 6:30 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present: Tillotson, Krampits, Laflamme, Roy, McLellan Also Present: Dan Garvey (Asst. City Solicitor), Councilor Lamontagne, Carl Dietz (Building Commissioner), Council Zygarowski, Lieutenant Patrick Major, Councilor Courchesne, Dean Desmarais (Fire Chief) The meeting was called to order at 6:31 PM. In compliance with the open meeting laws the Chairman asked if anyone in the audience was recording the meeting. Hearing none the meeting continued. ITEM #1 Chapter 275-72 TEMPORARY MORATORIUM ON RECREATIONAL MARIJUANA ESTABLISHMENTS A. Purpose (1) To provide sufficient time for the City of Chicopee to establish reasonable local regulations and/or zoning ordinances regarding the siting of the recreational marijuana establishments consistent with the regulations to be established by the Cannabis Control Commission on or before September 15, 2017. (2) To minimize the adverse impacts of recreational marijuana facilities on adjacent properties, residential neighborhoods, schools and other places where children congregate, local historic districts, and other land uses potentially incompatible with said facilities. (3) To regulate the siting, design, placement, safety, monitoring, medication, and removal of recreational marijuana facilities. B. Definition (1) Recreational Marijuana Facility: An establishment operated by an individual or entity licensed by the Commonwealth of Massachusetts through the Cannabis Control Commission and pursuant to all other local and state laws, rules and regulation of acquisition, cultivation, possession and sale of marijuana and all products containing marijuana for non-medical use. C. Temporary Moratorium For the purposes stated above, and notwithstanding other provision of the City of Chicopee Ordinances to the contrary, the City of Chicopee hereby implements a temporary moratorium on the use of land and structures within the City of Chicopee as a Recreational Marijuana Facility. This temporary Moratorium shall take effective upon passage and shall terminate on January 1, 2018. During this period of time, the City shall develop local rules, regulations, and/or zoning ordinances consistent with  those regulations promulgated by the Cannabis Control Commission to ensure the safe implementation of the recently approved ballot initiative regarding the possession, cultivation and distribution of recreational marijuana. Lieutenant Major stated that there are horticulturist out there who don’t know what they are doing. We’ve seen severe mold growing inside the house and that’s a health hazard especially if children are involved. Councilor Tillotson stated that this was the reason for this meeting. The moratorium was easy because the State hasn’t come up with anything but these things are happening and we don’t want to be neglecting something we could do to protect the community. He stated that he is concerned with fire hazard. anything yet Chief Desmarais stated he doesn’t know how the legislator would legislate against that. There will be companies out there lobbying for their product who will say it’s a listed product and they should be able to market it. Councilor Tillotson stated it’s legal to grow so that’s the other side of the coin. Councilor Courchesne stated how is this enforceable. Is it only enforceable after you’ve had a fire. Councilor McLellan stated he thinks it’s early in the process and we need to see how it shakes out. Lieutenant Major stated they don’t have a compliance officer yet and it would be prudent to wait. Once they have a compliance officer they can check to make sure the facilities are operating properly. Councilor Tillotson stated they don’t even have a Commissioner yet. Councilor Tillotson stated that we are having a discussion and we’ve come to a conclusion that there really isn’t enough hard matter out there to go out and enforce it. Chief Desmarais stated we’ve had fires pertaining to this. He stated that if it’s a growing operation, what are they growing. Chief Desmarais stated regulation is tough; education is probably our best method at this juncture. Even if they were through the state to come up with some legislation, how do you enforce it. Councilor Tillotson stated that section shall not apply to medical marijuana. He stated we do not want to confuse the two. The medical marijuana is regulated, there’s a commission and our ordinance on it is pretty strict. The medical marihuana is exempted from this ordinance. He stated we will accept these two amendments. Councilor Lamontagne stated he is in favor of licensing those who wish to grow marihuana. Councilor Tillotson stated we want to limit the amount of these places in the city but until the State gives us the instructions we can’t really do anything; all they can do is grow it, that’s it. Attorney Garvey stated that the revision that we made, we have a couple options. The way I’ve written it is the moratorium would extend to the latter of January 1, 2018 or 120 days after the cannabis commission promulgates its rules and regulations. I think what the Board is concerned about is once we see the rules and regulations which we don’t know yet, we still would need time. Councilor Tillotson stated that was the intent of this meeting. We’re accepting the whole moratorium except we are extending the life of it. He stated that this does not apply to medical marijuana. Councilor McLellan motion to approve the two amendments – Councilor Laflamme 2nd the motion- motion passed Committee vote 6 – 0 favorable ITEM #2 275, Section 71 Renewable Energy General Definitions Special Permit Granting Authority: A body of local government designated by the municipality to grant special permits. In the City of Chicopee the city council holds such authority. Site Plan Review Authority: Refers to the body of local government designated by the municipality to review site plans. For the City of Chicopee the Planning Board serves as the Site Plan Review Advisory Committee. Zoning Enforcement Authority: The board charged with enforcing the zoning bylaws. For the City of Chicopee the Building Commissioner serves as the Zoning Enforcement Authority. Definitions (Photovoltaic Systems) Photovoltaic System (also referred to as Photovoltaic Installation): An active solar energy system that converts solar energy directly into electricity. Rated Nameplate Capacity: The maximum rated output of electric power production of the photovoltaic system in watts of Direct Current (DC). Solar Energy: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. Solar Energy System, Grid-Intertie: A photovoltaic system that is connected to an electric circuit served by an electric utility. Solar Energy System, Ground-Mounted: An Active Solar Energy System that is structurally mounted to the ground and is not roof-mounted; may be of any size (small-, medium-or large-scale). Solar Energy System, Large-Scale: An Active Solar Energy System that occupies more than 40,000 square feet of surface area (equivalent to a rated nameplate capacity of about 250kW DC or greater). Solar Energy System, Medium-Scale: An Active Solar Energy System that occupies more than 1,750 but less than 40,000 square feet of surface area (equivalent to a rated nameplate capacity of about 10 - 250 kW DC). Solar Energy System, Off-Grid: A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility. Solar Energy System, Roof-Mounted: An Active Solar Energy System that is structurally mounted to the roof of a building or structure; may be of any size (small-, medium-or large-scale). Solar Energy System, Small-Scale: An Active Solar Energy System that occupies 1,750 square feet of surface area or less (equivalent to a rated nameplate capacity of about 10 kW DC or less). Definitions (Wind Systems) Building Integrated Wind Energy System: A building-mounted wind energy conversion system that has a manufacturer’s rating of 10 kW or less and projects no more than fifteen (15) feet above the highest point on the roof and shall not be considered a small wind energy system in terms of area and setback requirements. This definition also covers, for the purposes of this zoning provision, other wind energy systems primarily used for land-based applications which may be permanently mounted and operated on a building. Utility-Scale Wind Energy Facility: A commercial wind energy facility, where the primary use of the facility is electrical generation to be sold to the wholesale electricity markets. Wind Energy Facility: All of the equipment, machinery and structures together utilized to convert wind to electricity. This includes, but is not limited to, developer-owned electrical equipment, storage, collection and supply equipment, service and access roads, and one or more wind turbines. Wind Turbine: A device that converts kinetic wind energy into rotational energy to drive an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades. A. Purpose The purpose of this ordinance is to; 1. Promote the use of renewable energy systems, including the creation of new large-scale ground-mounted solar photovoltaic installations and wind energy facilities. 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 residential viewsheds. 3. Ensure adequate financial assurance for the eventual decommissioning of such facilities. B. Applicability 1. All renewable energy installations shall be installed in compliance with the requirements of Chicopee City Code Chapter 275 – XXX; state and federal law, and the standards and procedures established by Chicopee Electric Light (CEL) or Western Massachusetts Electric Company (WMECO). This requirement pertains to physical modifications that alter the type, configuration or size of installations preexisting this ordinance and those installations permitted in accordance with this ordinance. This section also pertains to physical modifications that materially alter the type, configuration or size of these installations or related equipment. 2. Nothing in this chapter should be construed to prevent the installation of accessory roof mounted solar photovoltaic installations. C. Process The following identifies those uses that are allowed by right and those that may be allowed only by special permit. The City Council is the special permit granting authority in accordance with Chicopee City Code, § 275-9. The construction and operation of all solar photovoltaic installations and wind energy facilities 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 or wind energy facility shall be constructed in accordance with the State Building Code. D. Utility Notification 1. For installations that do not require a special permit: Prior to issuance of building and/or electrical permit, the installation owner or operator must enter into an interconnection agreement with the utility company that operates the electrical grid for which the installation connection is proposed. Proof of the interconnection agreement shall be presented to the Building Department with the permit application. Projects that are not designed to connect to an electrical grid are exempt but must comply with all other relevant requirements. 2. For installations requiring a special permit: No special permit applications shall be accepted unless installation owners provide written proof that they have notified the utility company that operates the electrical grid for which the installation connection is proposed. E. Solar 1. Production for On-Site Use The following conditions shall apply to all installations designed to convert solar energy into a power source for residential, commercial, business and industrial uses where the primary purpose of the system is to generate power for those uses. These uses are permitted in any zoning district within the city. a. Visual Impact: All solar conversion installations shall be designed and located to minimize adverse visual impacts. All abutting property shall be visually screened from the project through any one or combination of the following: location, distance, plantings, existing vegetation and fencing (not to exceed six feet). b. Pole Mounted Installations: If solar conversion installations are mounted on a pole or other apparatus separate from a principal or accessory structure, said apparatus must comply with accessory structure regulations within their respective zoning districts and be set back from adjoining property lot lines at a ratio of one-to-one of apparatus height to the setback requirement, whichever is greater.  c. Rooftop Installations: Rooftop solar conversion installations that are not flush mounted must not exceed the overall building height limits of the underlying district. Height is measured to the highest protruding point of the solar energy system at its fullest extension. d. Utility Notification: Written proof that CEL or WMECO is in discussions with the applicant regarding an interconnection agreement must be submitted with all permit applications. No building or electrical permits will be issued until the installation owner or operator enters into an interconnection agreement with the utility company that operates the electrical grid for which the installation connection is proposed. Proof of the interconnection agreement shall be presented to the Building Department with the permit application. Projects that are not designed to connect to an electrical grid are exempt but must comply with all other relevant requirements. Reasonable efforts, as determined by the City Council with guidance from the Planning Department, 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 aboveground if required by the utility provider. 2. Production for Off-Site Use The construction of a solar energy system intended for off-site generation as set forth in Chicopee City Code Chapter 275-6 and shall comply with all requirements set forth herein. 275-66: Burnett Road Shall not apply to such a project proposed for the Burnett Road area of the city a. Screening: Structures must be shielded from view and/or located to avoid adverse visual impacts as deemed necessary by and in the opinion of the Site Plan Review Advisory Committee. i. Landscaping: (a) Plantings intended to provide screening shall be evergreen, installed at a minimum of 6’ in height measured from the top of the root ball to the tip of the plant and spaced to create a visual barrier. (b) Deciduous buffers: deciduous or mixed deciduous and evergreen buffers shall be a minimum of 40’ wide and are counted as part of the setback. ii. Natural features: Natural features and features designed to appear as natural features may be employed as visual barriers. Existing vegetation must be at least 40’ in width and adequately dense to provide sufficient screening. iii. Fencing: Fences shall be installed at a minimum of 6’and shall be solid in appearance. b. Setbacks: The purpose of setbacks is to mitigate adverse impacts on abutting properties. For large-scale, ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be as follows: i. Minimum of 50’. ii. Every abutting property shall be visually screened from the project through any one or combination of the following landscaping, existing vegetation and fencing (not to exceed 6’). c. Lighting: Lighting of parts of the solar energy system shall be limited to that required for safety and operational purposes, and shall be designed to minimize glare on abutting properties and be directed downward with full cutoff fixtures to reduce light pollution. The City suggests the use of LED systems whenever possible to conserve electricity. d. Signage: Signs on the solar energy system shall comply with the dimensional and setback requirements of the underlying zoning regulations. Signage in districts with no signage requirements are limited to 2 signs, 3 square feet in size, maximum of 5’ in height, and located in such a manner that there is an  unobstructed view of the street from an access drive. Signage required for safety or emergency is excluded from the signage requirements in this section. e. Appurtenant Structures: All appurtenant structures to large-scale ground-mounted solar photovoltaic installations shall be subject to reasonable regulations as adopted by the Planning Board 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 shielded from view by existing vegetation or plantings and/or joined or clustered to avoid adverse visual impacts f. Parking: Reasonable on-site parking is required for vehicles that will service solar energy systems. Please refer to Chapter 275 – 40 (N)(2)(V)(Parking and Loading) g. Consultants: Upon submission of an application for a renewable energy installation requiring Site Plan Review Advisory Committee Review, the Permit Granting Authority will be authorized to hire outside consultants, pursuant to MGL c.44, §53G. As necessary, the applicant may be required to pay the consultant’s fees. h. Emergency Services: The applicant shall provide a copy of the project summary, electrical schematic, and site plan to local emergency service providers, as designated by the Site Plan Review Advisory Committee. Upon request, the applicant shall cooperate with local emergency services in developing an emergency response plan. All means of disconnecting the solar energy system shall be clearly marked. The applicant or system owner shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project. The owner or operator shall be required to provide a secure, tamper proof storage box for keys or other access tools at each locked entrance to the facility and maintain a complete set of all keys or devices required to gain emergency access to all areas, buildings and equipment of the facility in each box. i. Security: The solar energy system shall be designed to prevent unauthorized access. Access to electrical equipment shall be locked where possible. j. Operation & Maintenance Plan: The applicant shall submit a plan for maintenance of access roads and storm water controls, as well as general procedures for operational maintenance of the solar energy system. Site access shall be maintained to a level acceptable to the local Fire Chief, Police Chief, Emergency Medical Services and Site Plan Review Advisory Committee. k. 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 large-scale ground-mounted solar photovoltaic installation and per best management practices of natural areas or good husbandry of the land or forest otherwise prescribed by applicable laws, regulations and bylaws and defined by Mass General Law Chapter 131, Section 140; 310 CMR Wetlands Protection; and Chicopee Stormwater Ordinance: City Code Chapter 231. The clearing of greenfields/ undeveloped landscapes and the development of such facilities is prohibited. [Note: is this legal?] l. Financial Surety: Proponents of renewable energy projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal or failure to maintain in the event the city must maintain or remove the facility and remediate the landscape in an amount and form determined to be reasonable by the Site Plan Review Advisory Committee, but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the applicant. Such surety will not be required for municipally or state- owned facilities. The applicant 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 m. Abandonment and Removal i. Abandonment: Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the installation shall be considered abandoned when it fails to operate for more than one year. If the owner or operator of the 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 city may enter the property and physically remove the installation. ii. Removal Requirements: Any 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. The owner or operator shall notify the City of Chicopee by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of: (a) Physical removal of all structures, equipment, security barriers and transmission lines from the site. (b) Disposal of all solid and hazardous wastes in accordance with local, state and federal waste disposal regulations. (c) Stabilization or re-vegetation of the site as necessary to minimize erosion. The Site Plan Review Advisory Committee may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation. F. Wind 1. Residential & Business Production – Individual Use The following conditions shall apply to all structures and devices designed to convert wind energy into a usable power source for residential, commercial, business and industrial uses where the primary purpose of the system is to provide power for those uses. a. Pole mounted wind conversion systems are prohibited. b. Building integrated wind conversion systems are permitted in all zoning districts. For the purpose of this chapter, building integrated systems refer only to systems encased within a principle or accessory building. 2. Production for Commercial Sale The following conditions shall apply to all structures and devices designed to convert wind energy into a usable power source for commercial sale. a. Pole mounted wind conversion systems are prohibited. b. Building integrated wind conversion systems are permitted. All such systems shall have a protective shroud to contain projectiles in the event of system malfunction. c. No wind energy conversion system shall be erected, used or otherwise employed if said device interrupts or disturbs radio or television signal reception. d. Monitoring and Maintenance- The applicant shall maintain the wind energy facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, emergency braking (stopping) and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Medical Services. The project owner shall be responsible for the cost of maintaining the wind energy facility. e. e. Abandonment or Decommissioning- Removal Requirements Any wind energy facility which has reached the end of its useful life or has been abandoned shall be removed. The owner/operator shall  physically remove the facility no more than 150 days after the date of discontinued operations. Decommissioning shall consist of: (a) Physical removal of all wind turbines, structures, equipment, security barriers and transmission lines from the site. (b) Disposal of all solid and hazardous wastes in accordance with local, state, and federal waste disposal regulations. (c) Stabilization or re-vegetation of the site as necessary to minimize erosion. f. Financial Surety - Applicants for commercial-scale wind energy facilities shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal or failure to maintain in the event the city must maintain or remove the facility and remediate the landscape in an amount and form determined to be reasonable by the Site Plan Review Advisory Committee, but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the applicant. Such surety will not be required for municipally or state-owned facilities. The applicant 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 G. Wood Outdoor Woodturning Boilers (OWBs) are prohibited by the Chicopee Health Department (insert citation) As amended by the Planning Board 275-71 Renewable Energy General Definitions Adverse Visual Impact: When an undertaking alters directly or indirectly the viewshed from a property in a manner that would diminish that property’s perceived value. Special Permit Granting Authority: A body of local government designated by the municipality to grant special permits. In the City of Chicopee the city council holds such authority. Site Plan Review Authority: Refers to the body of local government designated by the municipality to review site plans. For the City of Chicopee the Site Plan Review Advisory Committee (SPRAC) serves as the Site Plan Review Authority. Zoning Enforcement Authority: The board charged with enforcing the zoning bylaws. For the City of Chicopee the Building Commissioner serves as the Zoning Enforcement Authority. Definitions (Photovoltaic Systems) Greenfield – An area of agricultural or forest land, or some other undeveloped site. Photovoltaic System (also referred to as Photovoltaic Installation): An active solar energy system that converts solar energy directly into electricity. Rated Nameplate Capacity: The maximum rated output of electric power production of the photovoltaic system in watts of Direct Current (DC). Solar Energy: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. Solar Energy System, Grid-Intertie: A photovoltaic system that is connected to an electric circuit served by an electric utility.  Solar Energy System, Ground-Mounted: An Active Solar Energy System that is structurally mounted to the ground and is not roof-mounted; may be of any size (small-, medium-or large-scale). Solar Energy System, Large-Scale: An Active Solar Energy System that occupies more than 40,000 square feet of surface area (equivalent to a rated nameplate capacity of about 250kW DC or greater). Solar Energy System, Medium-Scale: An Active Solar Energy System that occupies more than 1,750 but less than 40,000 square feet of surface area (equivalent to a rated nameplate capacity of about 10 - 250 kW DC). Solar Energy System, Off-Grid: A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility. Solar Energy System, Roof-Mounted: An Active Solar Energy System that is structurally mounted to the roof of a building or structure; may be of any size (small-, medium-or large-scale). Solar Energy System, Small-Scale: An Active Solar Energy System that occupies 1,750 square feet of surface area or less (equivalent to a rated nameplate capacity of about 10 kW DC or less). Definitions (Wind Systems) Building Integrated Wind Energy System: A building-mounted wind energy conversion system that has a manufacturer’s rating of 10 kW or less and projects no more than fifteen (15) feet above the highest point on the roof and shall not be considered a small wind energy system in terms of area and setback requirements. This definition also covers, for the purposes of this zoning provision, other wind energy systems primarily used for land-based applications which may be permanently mounted and operated on a building. Utility-Scale Wind Energy Facility: A commercial wind energy facility, where the primary use of the facility is electrical generation to be sold to the wholesale electricity markets. Wind Energy Facility: All of the equipment, machinery and structures together utilized to convert wind to electricity. This includes, but is not limited to, developer-owned electrical equipment, storage, collection and supply equipment, service and access roads, and one or more wind turbines. Wind Turbine: A device that converts kinetic wind energy into rotational energy to drive an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades. A. Purpose The purpose of this ordinance is to; 4. Promote the use of renewable energy systems, including the creation of new large-scale ground-mounted solar photovoltaic installations and wind energy facilities. 5. 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 residential viewsheds. 6. Ensure adequate financial assurance for the eventual decommissioning of such facilities. B. Applicability 3. All renewable energy installations shall be installed in compliance with the requirements of Chicopee City Code Chapter 275 – 71; state and federal law, and the standards and procedures established by Chicopee Electric Light (CEL) or Western Massachusetts Electric Company (WMECO). This requirement pertains to physical modifications that alter the type, configuration or size of installations preexisting this ordinance and those installations permitted in accordance with this ordinance. This section also pertains to physical modifications that materially alter the type, configuration or size of these installations or related equipment.  4. Nothing in this chapter should be construed to prevent the installation of accessory roof mounted solar photovoltaic installations. C. Process The following identifies those uses that are allowable and those that may be allowed only by special permit. The City Council is the special permit granting authority in accordance with Chicopee City Code, § 275-9. The construction and operation of all solar photovoltaic installations and wind energy facilities 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 or wind energy facility shall be constructed in accordance with the State Building Code. D. Utility Notification 1. For installations that do not require a special permit: Prior to issuance of building and/or electrical permit, the installation owner or operator must enter into an interconnection agreement with the utility company that operates the electrical grid for which the installation connection is proposed. Proof of the interconnection agreement shall be presented to the Building Department with the permit application. Projects that are not designed to connect to an electrical grid are exempt but must comply with all other relevant requirements. 2. For installations requiring a special permit: No special permit applications shall be accepted unless installation owners provide written proof that they have notified the utility company that operates the electrical grid for which the installation connection is proposed. E. Solar 1. Production for On-Site Use The following conditions shall apply to all installations designed to convert solar energy into a power source for residential, commercial, business and industrial uses where the primary purpose of the system is to generate power for those uses. These uses are permitted in any zoning district within the city. a. Visual Impact: All solar conversion installations shall be designed and located to minimize adverse visual impacts, defined as an undertaking that alters directly or indirectly the viewshed from a property in a manner that would diminish that property’s perceived valueAdverse visual impacts can be mitigated through a variety of actions in design, construction and maintenance. The removal of the natural or existing vegetation is the single most noticeable visual impact of a project and shall be held to a minimum to achieve community acceptance. Clearing only what vegetation is Necessary for the construction can eliminate or reduce the need to mitigate. However, proper sight distances, clear zones and horizontal clearance requirements must be considered. All abutting property shall be visually screened from the project through any one or combination of the following: location, distance, plantings, existing vegetation and fencing (not to exceed six feet). b. Pole Mounted Installations: If solar conversion installations are mounted on a pole or other apparatus separate from a principal or accessory structure, said apparatus must comply with accessory structure regulations within their respective zoning districts and be set back from adjoining property lot lines at a ratio of one-to-one of apparatus height to the setback requirement, whichever is greater. c. Rooftop Installations: Rooftop solar conversion installations that are not flush mounted must not exceed the overall building height limits of the underlying district. Height is measured to the highest protruding point of the solar energy system at its fullest extension. d. Utility Notification: Written proof that CEL or WMECO is in discussions with the applicant regarding an interconnection agreement must be submitted with all permit applications. No building or electrical permits will be issued until the installation owner or operator enters into an interconnection agreement with the utility company that operates the electrical grid for which the installation connection is proposed. Proof of the  interconnection agreement shall be presented to the Building Department with the permit application. Projects that are not designed to connect to an electrical grid are exempt but must comply with all other relevant requirements. Reasonable efforts, as determined by the City Council with guidance from the Planning Department, 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 aboveground if required by the utility provider. 2. Production for Off-Site Use The construction of a solar energy system intended for off-site generation as set forth in Chicopee City Code Chapter 275-6 and shall comply with all requirements set forth herein. 275-66: Burnett Road Shall not apply to such a project proposed for the Burnett Road area of the City. n. Screening: Structures must be shielded from view and/or located to avoid adverse visual impacts as deemed necessary by and in the opinion of the Site Plan Review Advisory Committee. i. Landscaping: (a) Plantings intended to provide screening shall be evergreen, installed at a minimum of 6’ in height measured from the top of the root ball to the tip of the plant and spaced to create a visual barrier. (b) Deciduous buffers: deciduous or mixed deciduous and evergreen buffers shall be a minimum of 40’ wide and are counted as part of the setback. ii. Natural features: Natural features and features designed to appear as natural features may be employed as visual barriers. Existing vegetation must be at least 40’ in width and adequately dense to provide sufficient screening. iii. Fencing: Fences shall be installed at a minimum of 6’and shall be solid in appearance. o. Setbacks: The purpose of setbacks is to mitigate adverse impacts on abutting properties. For large-scale, ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be as follows: i. Minimum of 50’. ii. Every abutting property shall be visually screened from the project through any one or combination of the following landscaping, existing vegetation and fencing (not to exceed 8’). Fencing in excess of 8’ requires a variance from the Chicopee Zoning Board of Appeals . p. Lighting: Lighting of parts of the solar energy system shall be limited to that required for safety and operational purposes, and shall be designed to minimize glare on abutting properties and be directed downward with full cutoff fixtures to reduce light pollution. The City suggests the use of LED systems whenever possible to conserve electricity. q. Signage: Signs on the solar energy system shall comply with the dimensional and setback requirements of the underlying zoning regulations. Signage in districts with no signage requirements are limited to 2 signs, 3 square feet in size, maximum of 5’ in height, and located in such a manner that there is an unobstructed view of the street from an access drive. Signage required for safety or emergency is excluded from the signage requirements in this section. r. Appurtenant Structures: All appurtenant structures to large-scale ground-mounted solar photovoltaic installations shall be subject to reasonable regulations as adopted by the Planning Board 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 shielded from view by existing vegetation or plantings and/or joined or clustered to avoid adverse visual impacts s. Parking: Reasonable on-site parking is required for vehicles that will service solar energy systems. Please refer to (Parking and Loading) Chapter 275 – 40 (N)(2)(V) t. Consultants: Upon submission of an application for a renewable energy installation requiring Site Plan Review Advisory Committee Review, the Permit Granting Authority will be authorized to hire outside consultants, pursuant to MGL c.44, §53G. As necessary, the applicant may be required to pay the consultant’s fees. u. Emergency Services: The applicant shall provide a copy of the project summary, electrical schematic, and site plan to local emergency service providers, as designated by the Site Plan Review Advisory Committee. Upon request, the applicant shall cooperate with local emergency services in developing an emergency response plan. All means of disconnecting the solar energy system shall be clearly marked. The applicant or system owner shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project. The owner or operator shall be required to provide a secure, tamper proof storage box for keys or other access tools at each locked entrance to the facility and maintain a complete set of all keys or devices required to gain emergency access to all areas, buildings and equipment of the facility in each box. v. Security: The solar energy system shall be designed to prevent unauthorized access. Access to electrical equipment shall be locked where possible. w. Operation & Maintenance Plan: The applicant shall submit a plan for maintenance of access roads and storm water controls, as well as general procedures for operational maintenance of the solar energy system. Site access shall be maintained to a level acceptable to the local Fire Chief, Police Chief, Emergency Medical Services and Site Plan Review Advisory Committee. x. 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 large-scale ground-mounted solar photovoltaic installation and per best management practices of natural areas or good husbandry of the land or forest otherwise prescribed by applicable laws, regulations and bylaws and defined by Mass General Law Chapter 131, Section 140; 310 CMR Wetlands Protection; and Chicopee Stormwater Ordinance: City Code Chapter 231. The clearing of greenfields/ undeveloped landscapes and the development of such facilities is highly discouraged. y. Financial Surety: Proponents of renewable energy projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal or failure to maintain in the event the city must maintain or dismantle, remove and properly dispose of the facility and remediate the landscape in an amount and form determined to be reasonable by the Site Plan Review Advisory Committee, but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the applicant. Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal and disposal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal and disposal costs due to inflation z. Abandonment and Removal i. Abandonment: Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the installation shall be considered abandoned when it fails to operate for more than one year. If the owner or operator of the 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 city may enter the property and physically remove the installation. ii. Removal Requirements: Any 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. The owner or operator shall notify the City of Chicopee by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of: (d) Physical removal of all structures, equipment, security barriers and transmission lines from the site. (e) Disposal of all solid and hazardous wastes in accordance with local, state and federal waste disposal regulations. (f) Stabilization or re-vegetation of the site as necessary to minimize erosion. The Site Plan Review Advisory Committee may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation. F. Wind 3. Residential & Business Production – Individual Use The following conditions shall apply to all structures and devices designed to convert wind energy into a usable power source for residential, commercial, business and industrial uses where the primary purpose of the system is to provide power for those uses. a. Pole mounted wind conversion systems are prohibited. b. Building integrated wind conversion systems are permitted in all zoning districts. For the purpose of this chapter, building integrated systems refer only to systems encased within a principle or accessory building. 4. Production for Commercial Sale The following conditions shall apply to all structures and devices designed to convert wind energy into a usable power source for commercial sale. a. Pole mounted wind conversion systems are prohibited. b. Building integrated wind conversion systems are permitted. All such systems shall have a protective shroud to contain projectiles in the event of system malfunction. c. No wind energy conversion system shall be erected, used or otherwise employed if said device interrupts or disturbs radio or television signal reception. d. Monitoring and Maintenance: The applicant shall maintain the wind energy facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, emergency braking (stopping) and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Medical Services. The project owner shall be responsible for the cost of maintaining the wind energy facility. e. e. Abandonment or Decommissioning: Removal Requirements. Any wind energy facility which has reached the end of its useful life or has been abandoned shall be removed. The owner/operator shall physically remove the facility no more than 150 days after the date of discontinued operations. Decommissioning shall consist of: (a) Physical removal of all wind turbines, structures, equipment, security barriers and transmission lines from the site. (b) Disposal of all solid and hazardous wastes in accordance with local, state, and federal waste disposal regulations. (c) Stabilization or re-vegetation of the site as necessary to minimize erosion. f. Financial Surety - Applicants for commercial-scale wind energy facilities shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal and disposal or failure  to maintain in the event the city must maintain or remove the facility and remediate the landscape in an amount and form determined to be reasonable by the Site Plan Review Advisory Committee, but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the applicant. Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal and disposal prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation. G. Wood The Board of Health signed the following regulation on the 22nd day of March, 2007.Pursuant to Massachusetts General Laws, Chapter 111 §31 and 31C, it shall be unlawful to use, install and/or maintain outdoor wood burning devices within the City of Chicopee including, but not limited to, all outdoor wood burning stoves, boilers and furnaces. For the purposes of this regulation, outdoor wood burning stoves, furnaces and boilers shall mean wood fired devices that are located outdoors and separate from the indoor building, structure or appliance to be heated, which heats water or air and then transports the same by pipe(s) to an indoor building, structure or appliance for the purpose of providing heat and/or hot water. If any provision of this Regulation or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Regulation shall not be affected thereby and each other provision shall be valid and be enforceable to the fullest extent permitted by law. Carl Deitz stated when we look at the pole mounted installation we’re calling for a one for one setback from property line for height. If I have a fifty foot property and my array is twenty feet high then I have to be twenty feet off the two property lines so I have a ten foot area to squeeze my solaray into. Carl Dietz talked about roof installed installations and the solaray being able to go to the height limit of the district. So if I only have a twenty foot house and my district only allows me to go to only forty feet, I would maybe limit it to five foot off the roof line because I don’t think you want to have it significantly higher than the structure. Attorney Garvey suggest it say not to exceed a certain number of feet off the roof. Carl Dietz wanted to clarify 275-66 Burnett Road. Do the restrictions and regulations apply. Carl Dietz suggested under section D when you talk about the signage required for safety and emergency; I would just add (or by code) in there. Carl Dietz stated under the emergency services it talks about a contact person but there are three or four steps to shut the system down and I’m not sure that the Fireman and Chicopee Electric Light technicians are that sophisticated if they should have to do that if there is a situation up there. So it would be nice under Emergency Services if we could insist on a response time. He stated there are five converters and you have to shut the power off going to the grid. Some are outside the cabinet and if they don’t know how, someone can get electrocuted. Carl Dietz stated he’s not very familiar with the wind energy but the real issue here is the noise. This is all stuff that the manufacturer should provide. Councilor Roy stated we need to regulate this. Carl Dietz stated he will ask Lee Pouliot for his input and add his suggestions. Councilor Zygarowski asked if there were any windmills in our city. Carl Dietz stated not to his knowledge. Councilor Krampits motion to postpone to the call of the chair – Councilor McLellan 2nd the motion – motion passed ITEM #3 ORDERED THAT the Ordinance Committee meet to review the current parking restrictions on South Street in the area of the former Holy Name School. Report Received Committee vote 4 – 0 favorable ITEM #4 Striking From – Chicopee Street – in front of 552 Chicopee Street 10 feet to the corner of Chicopee Street and Warregan Street – Parking Prohibited. Councilor McLellan motion to approve – Councilor Krampits 2nd the motion Committee vote 5 – 0 favorable ITEM #5 Striking From – Springfield Street – Both sides – from Spring Street to the end of the Rivoli building – One Hour Parking; 8 AM to 5 PM Monday through ??? Councilor Krampits motion to approve – Councilor McLellan 2nd the motion Committee vote 5 – 0 favorable ITEM #6 Striking From – Springfield Street – East side – From Center Street to Spring Street – One hour parking / Any day Councilor McLellan motion to approve – Councilor Krampits 2nd the motion Committee vote 5 – 0 favorable ITEM #7 Springfield Street – East side – in front of 51 Springfield Street – 15 Minute Parking (2 signs) Councilor McLellan motion to approve – Councilor Tillotson 2nd the motion Committee vote 5 – 0 favorable ITEM #8 122 Elcon Drive – Handicap Parking Councilor Krampits motion to postpone to the call of the chair – Councilor Tillotson 2nd the motion – motion passed ITEM #9 94 Prospect Street – Handicap Parking Councilor Laflamme motion to postpone to the call of the chair – Councilor Tillotson 2nd the motion Committee vote 5 – 0 favorable ITEM #10 Councilor McLellan motion to accept the Minutes of April 11, 2017 – Councilor Laflamme 2nd the motion – motion passed – April 11, 2017 Meeting adjourned at 7:10 PM