City Council

CITY OF SALEM JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD MARCH 7, 2022 A Joint Public Hearing of the City Council and Planning Board was held remotely on Monday, March 7, 2022 at 6:30 P.M. for the purpose of discussing two (2) Zoning Ordinance Amendment relative to Buffer Zones for Marijuana Establishments and Green Infrastructure via remote participation in accordance with Chapter 40A, SS 5, of the Massachusetts General Laws and in accordance with Chapter 20 of the Acts of 2021. The complete text of the proposed amendments to the Zoning Ordinance is noted below and on file and available for inspection by calling or emailing the City Clerk’s Office, 93 Washington Street, Salem, MA at 978-619-5610 or isimons@salem.com or the Department of Planning & Community Development, 2nd floor, City Hall Annex, 98 Washington Street, Salem, MA. 978-619-5685. Notice of this meeting was posted on February 24, 2022, at 1:19 P.M. and advertised in the Salem News on February 21, 2022 & February 28, 2022. All Councillors were present. Councillor Patricia Morsillo Presiding. Planning Board Present: Chair Bill Griset, Zach Caunter, Sarah Tarbet, Helen Sides, Kirt Rieder, Carole Hamilton, and Tom Furey. Also in attendance were the following: Elena Eimert, Amanda Chiancola, Cassie Moskos, Hannah Martin. (#17) - ZONING ORDINANCE AMENDMENT RELATIVE TO BUFFER ZONES FOR MARIJUANA ESTABLISHMENTS (SEE BELOW FOR COMPLETE TEXT) Dominick Pangallo: Discussed the Ordinance that the city currently follows, and recommended adjustments the buffer zone around Marijuana establishments. 500ft from schools, places of worship, 1000ft from Salem State. Having these strict buffer zones causes establishments to be concentrated in certain areas, as well as having the city match the State Guidelines. Councillor McCarthy: Agrees, the City should change to match the State guidelines as we were one of the first cities that entertained the idea to have these establishments and we have not seen any issues yet, and hopefully this will provide more opportunity. Councillor Dominguez: Agrees, looking back at when this Ordinance was passed there was a lot of involvement and with our large and active religious community as well as many schools in the city maybe it would make sense to have them involved in the discussion.  CITY OF SALEM JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD MARCH 7, 2022 Councillor Prosniewski: Could Dominick describe the differences between what we as the City are doing now vs what the state is doing? Dominick Pangallo: Buffer zone around schools would remain up to 500ft and buffer zone around funeral homes, places of worship and 1000ft buffer zone around Salem State would be removed. Councillor McClain: Can Dominick talk a little about the scope that is being discussed, also what are we not considering? In agreement with that we need to follow state guidelines, but I think what we have now is pretty spread out. Dominick Pangallo: Doesn’t address special permits, and only changes the number of properties that are in the district. It also reduces the areas by 1/3. Public Comment:  Jared Melanson, Salem State journalism student. Asking the board, regarding the buffer zone, why this was brought up in the first place? Councillor Morsillo: As mentioned previously, this was originally brought up to bring in line with the state's standards.  Scott Hunt, Salem State Student. No questions or comments at this time. Councillor Riccardi Moved to close the Public Hearing, Motion passes by RCV 11-0-0 Councillor Riccardi moved to refer the matter to the Planning Board for recommendation; passes by RCV 11-0-0 (#18) - ZONING ORDINANCE AMENDMENT RELATIVE TO GREEN INFRASTRUCTURE (SEE BELOW FOR COMPLETE TEXT) Cassie Moskos Planning Dept: Presentation to add language to prepare the city for greener developments. The purpose is to add language to prepare the city for greened developments, Solar is a state exempt use and the Ordinance provides application and review process and EV chargers and bike parking being reviewed by the Planning Board. Section 3.1 Use Table for Commercial and Accessory Uses. Sec. 4.1.2 Roof Mounted Solar Energy systems are exempt from height. Accessory small and medium scale ground mounted systems should be at least 10 feet from property line, and will not count towards building coverage. Sec 5.4 Bicycle parking. Intended result required for new developments to include bicycle parking. Sec. 5.5 Electric Vehicle Charging Stations. New developments of 5,000 sq. feet or larger 25% of parking spaces and the remailing 74% shall be EV ready for future installation. Sec.  CITY OF SALEM JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD MARCH 7, 2022 6.12 Solar Energy Facilities. To accommodate solar energy facilities in appropriate locations, while minimizing adverse visual, safety and environmental impacts of the facilities, siting preferences and special permits. Monitoring and maintenance, abandonment and decommissioning, roof mounted, small scale ground mounted solar energy systems and pre-existing non-conforming uses and structures. Sec. 8.4.15 North River Canal Corridor site plan review. Sec. 9.4.2 Special permits and criteria. Sec. 9.5 Amendments to site plan review. Sec. 9.5.2 Applicability for Lg. scale ground mounted in R#, B2, B4, B5, BPD, NRCC, or I district. Med. Scale ground mounted RC, R1, R2, or R3 districts. Sec. 9.5.3 Application Process. Sec 9.5.4 Narrative & 9.5.5 Distribution. Sec. 9.5.6 Review Criteria Planning Board finding adequacy of plans submitted. Sec. 10.0 Definitions. Councillor Cohen: Historical perspective co-chair of the Sustainability, Energy and Resiliency Committee, they had reservations on the solar portion, but went through it line by line and are happy with what is remaining. Also thinks the bike parking and EV charging portion needs more than than1 sentence. Hopes the Planning Board will omit the bike parking and EV charging portion of this Ordinance change when sending back to the Council for approval. Councillor McClain: Agree with Councilor Cohen. Doesn’t seen well thought through or make a lot of sense. Not just bike racks, but covered sheds and internal facilities. The ground mounted solar system is concerning by the appearance of property it would be on. Maybe need to work on what it means to have ground mounted solar in a residential area would look like. Agrees with the medium and large-scale solar areas. Councillor Merkl: Pleased with all the “Green Initiatives that have been presented to the Council but does have concerns and questions on the financial impact of the EV charging stations. Appreciate all of the green initiatives that have been coming through the council. Concerns are not only for the proposed 25% that are going on but what about the 75% in the future? Councillor Varela: Recommendation there is a more thoughtful discussion and to omit the bike parking and EV charging part of the Ordinance. There should be more discussion around the bike parking and EV charging, and to involve the Bicycling Advisory Committee. Councillor Cohen: Addressing Councillor Merkl, many people in Salem have 100 amp power and can accommodate a car charger. 100 amp is 33 hours to full charge. If it was upgraded to A Level 2 would power a car in about 8 hours and cost thousands of dollars to upgrade. For example, for 4 condos, each one with a car charge, would have to upgrade to 4000 amp, would be 10-15k. Very much for the transition to electric cars. But this is not the approach we should be taking. Should be talking to experts.  CITY OF SALEM JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD MARCH 7, 2022 Kirt Rieder: 3 points of discussion 1. EV infrastructure: great to have good intentions, but is another thing to actually implement, if we are going to be EV ready, we need to have extensive language around that. 2. Regarding bikes, need a lot more conversation around that, agrees that The City of Cambridge has a fantastic bike ordinance, but Salem needs to discuss more. Agrees that it needs to be pulled out of this Ordinance and possibly a stand alone Ordinance. 3. Solar Language impact on the city purchased and protected street trees? Will our green natural infrastructure be affected by green infrastructure placed? Public comment:  Eric Papetti, 11 Simon St, unit 1: Would like to see the public Hearing be kept open to continue the conversation of bike parking and EV charging stations. How to act collectively to make easy choices and would love to see bicycles as a “normal” mode of transportation rather than something that isn’t so normal. Need to make it more affordable all around.  John Wathne, 33 Boardman St: Chair of Bicycle Advisory Committee. Excited about building useful infrastructure. Taking babysteps to build it correctly. Driving to him is a novelty. He bikes and uses public transportation. Feels keeping public hearing open to have more discussion, as 3 paragraphs are not enough information. Councillor Cohen: Says had a great conversation with Eric Papetti recently. Now knows way more about bicycles, would like to remove EV and Bicycles and close hearing, so we can vote on Solar. Councillor Morsillo: Questioned City Council on keeping the Public Hearing Open or Close it? Councillor McCarthy: We should close and refer to the Planning Board. Councilior Watson-Felt: Agrees Councillor Riccardi: Agrees with all that has been said. The way this has been presented, concerned about clock ticking once hearing closed. Councillor Varela: Makes a motion to close the Public Hearing Councillor Morsillo: Councillor Riccardi, can you make a motion?  CITY OF SALEM JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD MARCH 7, 2022 Councillor Riccardi: Moved to close the Public Hearing, Motion passes by RCV 11-0-0 Councillor Riccardi: Moves to refer the matter to the Planning Board for recommendation passes by RCV 11-0-0 Councillor McCarthy: Motion to adjourn The meeting adjourned at 7:36 p.m. ATTEST: ILENE SIMONS CITY CLERK SEE BELOW FOR COMPLETE TEXT OF THE TWO ZONING ORDINANCES (#17) - ZONING ORDINANCE AMENDMENT RELATIVE TO BUFFER ZONES FOR MARIJUANA ESTABLISHEMENTS An Ordinance to amend the zoning ordinance regarding buffer zones relative to marijuana establishments. Section 1. Section 6.10.6 of the Code of Zoning Ordinances is amended by replacing (5) in its entirety with the following: “5. Pursuant to M.G.L.A. c. 94G, § 5(b)(3), a marijuana establishment shall not be located within five hundred (500) feet of a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12.” Section 2. This Ordinance shall take effect as provided by City Charter.  CITY OF SALEM JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD MARCH 7, 2022 (#18) - ZONING ORDINANCE AMENDMENT RELATIVE TO GREEN INFRASTRUCTURE An Ordinance to amend an ordinance relative to zoning. Section 1. Amend Section 3.1 Table of Principal and Accessory Use Regulations by inserting the following uses within C. Commercial Uses and E. Accessory Uses: C. Commercial Uses RC R1 R2 R3 B1 B2 B4 B5 BPD NRCC I Medium-Scale Ground Y Y Y Y Y Y Y Y Y Y Y Mounted Solar Energy System Large-Scale Ground PB PB N Y Y Y Y Y Y Y Y Mounted Solar Energy System E. Accessory Uses Roof-Mounted Solar Energy Y Y Y Y Y Y Y Y Y Y Y System Small-Scale Ground Y Y Y Y Y Y Y Y Y Y Y Mounted Energy System Medium-Scale Ground Y Y Y Y Y Y Y Y Y Y Y Mounted Solar Energy System Section 2. Amend Section 4.1.2 Notes to Table of Dimensional Requirements by inserting the phrase “roof-mounted solar energy systems” immediately following the word “ventilators” as it appears in paragraph 7 and further amend this Section by inserting the following new paragraphs: “8. Small- and medium-scale ground mounted solar energy systems accessory to principal use may be located no closer than ten (10) feet from the front, side, or rear lot line. 9. Lot Coverage-Ground mounted solar energy systems shall not count towards building coverage as defined in Section 10.0 definitions.”  CITY OF SALEM JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD MARCH 7, 2022 Section 3. Amend Section 5 General Regulations by adding the following new sections: “5.4. BICYCLE PARKING 5.4.1 Purposes. Bicycling infrastructure in Salem is a basic necessity to residents, visitors, and employers and can provide a key “last mile” connection to destinations throughout the city. The purpose of this section is to provide specific guidelines to project proponents to determine the type, location, and amount of bicycle parking required for each development project. The intended result is to require development projects to include bicycle parking that enhances the project’s value and helps to make Salem a more desirable place to live, work, and visit. 5.4.2. Requirements. The required minimum quantity of bicycle parking spaces is as outlined below. Additional bicycle spaces are encouraged but are not required beyond the minimum stated. Single-family and two-family residential: none Residential with three or more units: 1 long-term bicycle space per unit, 1 short- term space per 4 units Commercial/Industrial/Exempt or Institutional: 1 long-term space per 4 employees. Number of short-term spaces to be determined by the Planning Board, but shall not be less than 2. 5.4.3 Additional Notes. Fractions of spaces shall be rounded up to a whole number. Minimum bicycle storage consists of one double-sided rack. Total employees for this purpose is the maximum number of employees present on premises at one time. Section 5.5 ELECTRIC VEHICLE CHARGING STATIONS 5.5.1 Purposes. In line with the Massachusetts Decarbonization Roadmap to reduce carbon emissions by at least 85% by 2050 and the City of Salem’s Resilient Together Mobility Goals, the City will encourage use of electric vehicles by further enabling electric vehicle charging. As of 2017, the transportation sector accounted for 42% of greenhouse gas emissions in the Commonwealth and 43% of greenhouse gas emissions in the City of Salem. Electric Vehicles offer the most promising option for replacing internal combustion engine vehicles.  CITY OF SALEM JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD MARCH 7, 2022 5.5.2 Requirements. New developments of 5,000-square-feet or larger shall have 25% of parking spaces be installed with Electric Vehicle Supply Equipment; and the remaining 75% of parking spaces shall be Electric Vehicle-Ready for future installation.” Section 4. Amend Section 6 Special Regulations by adding the following new section: “Section 6.12-Solar Energy Facilities 6.12.1 Purpose. The purpose of this section is to accommodate solar energy facilities in appropriate locations, while minimizing any adverse visual, safety, and environmental impacts of the facilities. 6.12.2 Applicability. This section applies to all uses identified as requiring a site plan review per Section 9.5.2 or a special permit for ground mounted solar energy facilities per Section 3.1, Table of Uses. 6.12.3 Siting Preferences. Where a solar facility is sited, as well as placement on the site once selected, is an important consideration. The City strongly discourages locations that result in significant loss of land and natural resources, including farm and forest land, and encourages rooftop siting, as well as locations in industrial and commercial districts, or on vacant, disturbed land. Significant tree cutting is problematic because of the important water management, cooling, and climate benefits trees provide. 6.12.4 Dimensional Regulations 1. Height- For primary uses see Section 4, Table 4.1.1. For accessory uses see Section 4.1.2.7 2. Setbacks- For primary uses see Section 4, Table 4.1.1. For small- and medium-scale ground mounted solar energy systems accessory to principal use may be located no closer than ten (10) feet from the front, side, or rear lot line. All ground-mounted solar energy systems in residential districts shall be installed either in the side yard or rear yard to the extent practicable. 3. Lot Coverage-Ground mounted solar energy systems shall not count towards building coverage as defined in Section 10.0 definitions. 6.12.5 Special Permit. 1. The Planning Board is hereby designated the Special Permit Granting Authority (SPGA) for solar energy systems. The SPGA shall adopt rules relative to the application for special permits for ground mounted solar plan approval and file a copy with the City Clerk. After notice and public hearing  CITY OF SALEM JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD MARCH 7, 2022 and after due consideration of the reports and recommendations of other city boards, commissions and or departments, the SPGA may grant such a permit. The SPGA shall also impose, in addition to any applicable conditions specified in this section, such applicable conditions as the SPGA finds reasonably appropriate to improve the site design to serve the purposes of this section. 2. The Planning Board shall include as part of its special permit review and proceedings all the provisions and requirements of the Site Plan Review standards applicable to large-scale ground-mounted solar energy systems. See Section 9.4 for additional Special Permit Requirements. 6.12.6 Large and Medium Scale Ground Mounted Solar Energy System Site Plan Review 1. Site Plan Documentation Required. In addition to the requirements of Section 9.5, the following items shall be included: (a) Blueprints or drawings of the solar energy system showing the proposed layout of the system, any potential shading from nearby structures, the distance between the proposed solar collector and all property lines and existing on-site buildings and structures, and the tallest finished height of the solar collector; (b) Documentation of the major system components to be used, including the panels, mounting system, and inverter(s); (c) Additional requirements for large scale ground mounted solar energy systems (i) One or three line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all Massachusetts Electric Code (527 CMR 12.00) compliant disconnects and overcurrent devices; (ii) Documentation of actual or prospective access and control of the project site (see also Solar Design Guideline Document); (iii) An operation and maintenance plan (see Solar Design Guideline Document); (iv) Proof of liability insurance; and  CITY OF SALEM JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD MARCH 7, 2022 6.12.7 Large and Medium Scale Ground Mounted Solar Energy System Maintenance, Removal, and Abandonment 1. Monitoring and Maintenance. (a) Solar Energy System Installation Conditions - The ground-mounted solar energy system 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 to a level acceptable to the Building Commissioner. The owner or operator shall be responsible for the cost of maintaining the solar energy system and any access road(s), unless accepted as a public way. (b) Modifications - All material modifications to a ground-mounted solar energy system made after issuance of the required building permit shall require approval by the Site Plan Review Authority. 2. Abandonment or Decommissioning (a) Removal Requirements-Any ground-mounted solar energy system which has reached the end of its useful life or has been abandoned consistent with Subsection (b), below of this ordinance shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Site Plan Review Authority by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of: (i) Physical removal of all solar energy systems, structures, equipment, security barriers and transmission lines from the site. (ii) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations. (iii) Stabilization or re-vegetation of the site as necessary to minimize erosion. The Site Plan Review Authority may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation. (b) Abandonment-Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the large-scale ground-mounted solar energy system shall be considered abandoned when it fails to operate  CITY OF SALEM JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD MARCH 7, 2022 for more than one year without the written consent of the Site Plan Review Authority. If the owner or operator of the solar energy system fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the town retains the right, after the receipt of an appropriate court order, to enter and remove an abandoned, hazardous, or decommissioned large-scale ground- mounted solar energy system. As a condition of Site Plan approval, the applicant and landowner shall agree to allow entry to remove an abandoned or decommissioned installation. 6.12.8 Site Plan Review-Roof-mounted and Small-scale Ground-Mounted Solar Energy Systems 1. Applicability-Where these solar energy systems may be accessory to a use allowed through Site Plan Review, the Site Plan Review shall include review of their adequacy, location, arrangement, size, design, and general site compatibility. 6.12.9 Pre-Existing Non-Conforming Uses and Structures Improvements that do not change the use or the basic exterior characteristics of the building or structure are allowed. Such improvements include but are not limited to the installation or replacement of solar energy systems.” Section 5. Amend Section 8.4.15 Site Plan Review of Section 8.4 North River Canal Corridor Neighborhood Mixed Use District by inserting the following additional site plan requirement as the fourth requirement and renumbering the requirements to a total of five: “4. Adequate net-zero-energy plan;” Section 6. Amend Section 9.4.2 Criteria of Section 9.4 Special Permits within Section 9 Administration and Procedures by deleting the following: “5.Impacts on the natural environment including view; and” and replacing it with the following: “5.Impacts on the natural environment including greenhouse gas emissions and view; and”  CITY OF SALEM JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD MARCH 7, 2022 Section 7. Amend Section 9.5.2 Applicability of Section 9.5 Site Plan Review within Section 9 Administration and Procedures by adding the following at the end of paragraph number 2: “; or 3. Large scale ground mounted solar energy system in the R3, B2, B4, B5, BPD, NRCC, or I district; or 4. Medium scale ground mounted solar energy system in the RC, R1, R2, or R3 district.” Section 8. Amend Section 9.5.3 Application of Section 9.5 Site Plan Review within Section 9 Administration and Procedures by deleting the phrases “fifteen (15) copies of” and “include fifteen (15) copies of” as they appear in the first paragraph and further amend this Section by adding the following to the end of this Section: “11. Plans depicting the property lines and physical features, including roads, for the project site; 12. Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures; 13. Locations of active farmland, wetlands, permanently protected open space, Priority Habitat Areas and BioMap 2 Critical Natural Landscape Core Habitat mapped by the Natural Heritage & Endangered Species Program (NHESP) and “Important Wildlife Habitat” mapped by the DEP. 14. Locations of floodplains or inundation areas for moderate or high hazard dams; and 15. Locations of local or National Historic Districts. 16. Location, arrangement, size, and design of roof mounted and small-scale ground mounted solar energy systems.” Section 9. Amend Section 9.5.4 Narrative of Section 9.5 Site Plan Review within Section 9 Administration and Procedures by inserting the Phrase “, including parking with electric vehicle charging stations and parking for bicycles;” at the end of paragraph number 2 and further amending this Section by inserting the following after paragraph number 8 and renumbering the requirements to a total of 10: “9. Sustainability and resiliency, including energy planning and alignment with local climate mitigation goals;” Section 10. Amend Section 9.5.5 Distribution of Section 9.5 Site Plan Review within Section 9 Administration and Procedures by replacing the words “his” with “their” as they appear in the first paragraph and further amending the first paragraph of this  CITY OF SALEM JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD MARCH 7, 2022 Section by inserting the phrase “Head of the Sustainability Department or their designee,” immediately preceding the phrases “Board of Health”. Section 11. Amend Section 9.5.6 Review Criteria of Section 9.5 Site Plan Review within Section 9 Administration and Procedures by adding the following to the end of this Section: “14. Adequacy of bicycle parking facilities and number of bicycle parking spaces proposed for each development; 15. Adequacy of electric vehicle charging station; 16. Adequacy and general site compatibility of roof mounted and small-scale ground mounted solar energy systems; and 17. Adequacy of a net-zero-energy plan to outline site energy uptake, creation, and consumption.” Section 12. Amend Section 10 Definitions by adding the following new definitions: “Electric Vehicle (EV): Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets and that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries, producing zero tailpipe emissions or pollution when stationary or operating. Electric Vehicle Supply Equipment (EVSE): Equipment for the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle. Electric-Vehicle-Ready: Electric-Vehicle-Ready shall mean providing raceway to every parking space, adequate space in the electrical panel and space for additional transformer capacity to accommodate the future installation of the transformer, if necessary. Long-term Bicycle Parking: Long-term Bicycle Parking must be located in an enclosed, limited-access area designed to protect bicycles from precipitation and from theft, such as bicycle lockers, covered bicycle sheds, or bicycle rooms within a building. Net-zero energy site: a site that is optimally efficient, and over the course of a year, generates energy onsite, using clean renewable resources, in a quantity equal to or greater than the total amount of energy consumed onsite. Net-zero-energy plan: A document outlining a development’s energy sources, locations (on or off-site), and consumption. The Plan outlines how the development can become a net-zero energy site, as defined above; or, why achieving net-zero energy site is not possible through renewable resources on-site, given site or other constraints.  CITY OF SALEM JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD MARCH 7, 2022 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). Short-term Bicycle Parking: Short-term bicycle parking must be located in a publicly accessible space within 50 feet of pedestrian entrances. Short-term bicycle parking is intended primarily to serve visitors, such as retail patrons making trips of up to a few hours; however, it may serve other bicycle users as needed. Solar Access: The access of a solar energy system to direct sunlight. Solar Collector: A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. 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: A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation, or water heating. Solar Energy System, Active: A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means. 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).  CITY OF SALEM JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PLANNING BOARD MARCH 7, 2022 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, Passive: A solar energy system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger. 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). Solar Thermal System: An Active Solar Energy System that uses collectors to convert the sun’s rays into useful forms of energy for water heating, space heating, or space cooling.” Section 13. This Ordinance shall take effect as provided by City Charter.