Regulatory Authority: Devens Enterprise Commission
Agency Contact: Peter C. Lowitt
Phone: 978.772.8831 ext 3313
Address: 33 Andrews Parkway, Devens, MA 01434
Massachusetts Register Number 1211
Effective Date: June 2012


4.10 General: Renewable Energy Facility Requirements (REFs)

  1. Purpose

      (a) Promote renewable energy facilities at Devens in order to:
      1. Reduce reliance on non-renewable energy sources,
      2. Reduce greenhouse gases, and
      3. Improve air quality.

      (b) Promote public health and further the sustainable redevelopment.

  2. Permitted uses. For purposes of this Section 4.10 REFs include only free-standing solar photovoltaic (PV) and solar thermal facilities and building-integrated wind and/or solar facilities.
      (a) PV and solar thermal REFs are permitted in all zoning districts except Open Space and Recreation.

      (b) Building-integrated wind and/or PV REFs are permitted in all zoning districts.

  3. General Requirements. REFs shall comply with the pertinent subsections of 974 CMR 1.13, 974 CMR 3.02 through 3.04, 974 CMR 4.00, and 974 CMR 6.00 and the requirements set forth below.

      (a) All utility connections shall be underground. Electrical facilities for utility interconnections may be above-ground only if required by the utility provider.

      (b) REFs and associated structures shall be screened to the maximum extent feasible using a combination of topography, vegetation, clustering and any other methods acceptable to the DEC.

      (c) Signs on a REF or at the site of the REF shall comply with 974 CMR 6.00 and identify the owner and provide a 24-hour emergency contact phone number. REF's shall not be used for advertising purposes.

      (d) REFs shall comply with the State Building Code.

      (e) For all REFs the Applicant shall provide:

      1. Evidence of liability insurance in an amount and duration, sufficient to cover loss or damage to persons and property caused by the REF.

      2. Authorization from MassDevelopment (Devens Utilities) for an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.

      3. A letter of approval from the Devens Public Safety Officer/Fire Chief.

      4. A handbook for operating and maintaining the REF, safe access to the REF in accordance with the requirements of the Devens Public Safety Officer, and the REF stormwater management system. Maintenance shall include, but not be limited to, measures to ensure the paint is in good repair, the structure is well-maintained, and the site is secure.

      5. A letter signed by an Engineer certifying that the REF complies with all local, state and federal laws and regulations.

      6. One or three line electrical diagram detailing the associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices.

      7. Performance guarantees for removal of REF's and restoration of the site in the event of catastrophic failure, collapse, or other destruction of all or part of the REF which renders the REF obsolete and/or inoperable. The Director may review the guarantees periodically and require additional surety to be posted. The DEC may waive this requirement for municipally or state-owned facilities. REF performance guarantees shall comply with 974 CMR 1.13.

  4. Decommissioning. For purposes of this Section 4.10 "decommissioned" shall mean the Applicant has stopped operating and/or maintaining the REF.

      (a) In the event the Applicant has decided to stop operating the REF and has notified the DEC by certified mail of the proposed date of discontinued operations and plans for removal of the REF and associated facilities, the Applicant shall.
      1. Physically remove from the site no more than 150 days after the date operations were discontinued, all REF's and associated apparatus, structures, equipment, security barriers and transmission lines and

      2. Restore and fully stabilize the site to the satisfaction of the DEC. The DEC may allow the landscaping or designated below-grade foundations to remain in order to minimize erosion and disruption to vegetation, and

      3. Dispose of all solid and hazardous waste in accordance with local and state waste disposal regulations.

      (b) In the event the DEC determines that a REF has not been operating and/or maintained for at least one year and the Applicant has not notified the DEC as required by 4.(a) above, The DEC and/or MassDevelopment may enter the REF site and perform the removal at the Applicant's expense.

  5. Requirements Specific to Certain REFs:

      (a) Applicants for Ground-Mounted REFs shall provide:

      1. Site Plan(s) and details of the PV installation stamped by an Engineer showing the proposed layout of the entire system and any potential shading from nearby structures/vegetation.

      2. Documentation/details of the major system components to be used, including the PV panels, mounting system, and inverter;

      3. Name, address, and contact information for proposed system installer;

      4. Documentation of actual or prospective access and control of the project site;

      5. All means of shutting down the PV installation shall be clearly marked. The Applicant shall identify a responsible person for public inquiries throughout the life of the REF.

      (b) Applicants for Building-Integrated REFs shall provide:

      1. Documentation signed and/or stamped by an Engineer, demonstrating that the building is structurally sufficient to support the permanent installation of the proposed REF(s).  At a minimum, there should be an analysis that addresses weight, vibration, wind load, and snow load.

      2. Elevation drawings of  the building with the proposed REF(s) installed, viewed from north, south, east, and west (if systems are visible from the road and/or abutting properties).

      3. Building schematic detailing point(s) of connection and associated attachment methods/supports for the proposed REF(s).

      4. Specification sheets for the proposed REF(s)(inverters, controllers, disconnects, etc.).

      5. Design approval letter from MassDevelopment.

  6. Ground-Mounted Wind Energy REFs - Reserved


    974 CMR 4.00: St. 1993, c. 498.

Rules and Regulations Table of Contents    Home     Search   Next Section    Previous Section