Item Coversheet


Town of Arlington, Massachusetts


Article 30
Warrant Article Title:
ZONING BYLAW AMENDMENT/ SOLAR ENERGY SYSTEMS 
Warrant Article Text:

To see if the Town will vote to amend the Zoning Bylaw to update Section 2 DEFINITIONS and Section 6 SITE DEVELOPMENT STANDARDS to allow for and require installation of solar energy systems for buildings subject to Environmental Design Review with certain exceptions; or take any action related thereto.


Requested by:
(Inserted at the request of the Redevelopment Board)
Report Excerpt:

This Article aligns with the Net Zero Action Plan (NZAP), endorsed by the Select Board in 2021, and the State’s greenhouse gas (GHG) reduction and rooftop solar deployment goals. The NZAP is a roadmap for Arlington to achieve net zero GHG emissions by 2050. To this end, priority measure 11 for Net Zero Buildings (NZB) specifies: “Require all new commercial buildings and multi-family buildings above a certain number of units to include solar PV [photovoltaic] and/or solar thermal (or be “solar ready”) on a minimum of 50 percent of roof area” (Net Zero Action Plan, p. 18).

 

The Net Zero Action Plan also states that “…solar PV and/or solar thermal can be a cost-effective, zero-carbon energy solution on new commercial and multi-family buildings and will help reduce emissions from new buildings in Arlington” (Net Zero Action Plan, p. 18). The Town’s ability to combat climate change is at the community level through these types of policies and actions. Further use of renewable energy gets the town closer to net zero goals. The ARB appreciated the comprehensive approach between the Clean Energy Future Committee, the ARB, and staff to develop the amendment, noting the community’s shared responsibility in addressing climate change. This Article was modeled on a similar zoning requirement in Watertown that has been implemented successfully with no problems.

 

Note: Some of the definitions in this Article are for terms used elsewhere in the Zoning Bylaw. That is why those definitions are not otherwise found in this Bylaw amendment.

Vote Language:

The Redevelopment Board voted 5-0-0 to recommend Favorable Action on Article 30 that the Zoning Bylaw be and hereby is amended as follows: 

Amend SECTION 2 by creating category “Definitions Associated with Solar Energy Systems”:[1] 

Photovoltaic System (also referred to as Photovoltaic Installation): A solar energy system that converts solar energy directly into electricity.

Roof-Mounted Solar Photovoltaic System: A solar photovoltaic system that is structurally mounted to the roof of a building or structure.

Solar Energy System: A device or structural design feature, a substantial purpose of which is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, electricity generation, or water heating.

Solar Ready Building: A building able to carry the installation of a solar energy system on a designated section of the structure following its construction.

Solar Ready Zone: Fifty percent or more of a roof area that is either flat or oriented between 110 and 270 degrees of true north, exclusive of mandatory access or setbacks required by the Massachusetts Fire Code.

Solar Thermal System: A 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.

Amend SECTION 6:                                                                                       

6.4 Solar Energy Systems

6.4.1. Requirement for Solar Energy Systems

A project requiring Environmental Design Review per Section 3.4.2 of this Bylaw shall include a solar energy system that is equivalent to at least fifty percent of the roof area of the building or buildings that are the subject of the review. Where a site includes a parking structure, the structure shall also have a solar energy system that covers at least ninety percent of its top level.

The Arlington Redevelopment Board may adopt rules and regulations to specify the information required to be in an application for Environmental Design Review to implement Section 6.4 of this Bylaw.

6.4.2. Exemptions

A solar energy system on the roof of a building or other structure is not required:

A.      Where there is no solar ready zone; or the solar ready zone is shaded for more than fifty percent of daylight hours annually;

B.      For an existing building or building conversion with insufficient structural load capacity;

C.      For a building in a Historic District when the relevant Historic District Commission has denied a certificate of appropriateness, non-applicability, or hardship to allow a solar energy system on the building under the standards and procedures set forth in the Town Bylaws Title VII, Historic Districts;

D.      When an application for an Environmental Design Review is for

(1)    A change of use alone;

(2)    An alteration to the façade that does not affect the architectural integrity of the structure per Section 3.4.2 of this Bylaw;

(3)    Outdoor uses per Section 3.4.2(H) of this Bylaw;

(4)    Temporary, seasonal signage per Section 3.4.2(I) of this Bylaw; or

(5)    Sign approval per Section 6.2 of this Bylaw.

E.      When inconsistent with reasonable regulation of religious, non-profit educational, and childcare facilities used primarily for such purposes as set forth in G.L. c. 40A, §3, as implemented by section 3.5 of this Bylaw and the regulations adopted thereunder.

 

The requirements of this Section may be reduced or waived when the applicant proposes, and the Arlington Redevelopment Board determines there is a better alternative that meets the goals of this Section 6.4.

6.4.3. Location and Safety

A.      Emergency Access. Solar energy systems shall be mounted to ensure emergency access to the roof, provide pathways to specific areas of the roof, provide for smoke ventilation systems, and provide emergency egress from the roof, as required by the Massachusetts Fire Code.

B.      Safety. A roof-mounted solar energy system shall be located so that it does not result in shedding of ice or snow from the roof onto a porch, balcony, stairwell, or pedestrian travel area.

C.      Solar Energy Systems shall not be counted in determining the height and gross floor area of buildings.

 

6.4.4. Neighboring Properties

The placement of a solar energy system on a building, as required by Section 6.4.1 of this Bylaw, cannot preclude a neighboring property owner from constructing, renovating, or expanding a building to the full extent allowed by zoning, even if the neighboring property owner's building would partially or fully shade the installed solar energy system, subject to any requirements that are set forth in a Special Permit per Section 3.3 of this Bylaw and through Environmental Design Review per Section 3.4 of this Bylaw. Nor can the placement of a solar energy system on a building, as required by Section 6.4.1 of this Bylaw, require that a neighboring property owner prune an existing shade tree or abstain from planting a shade tree so as to prevent future shading of the installed solar energy system.


[1] Highlighted text indicates changes from the 2022 Annual Town Meeting Draft Zoning Bylaw Amendments published on February 17, 2022.

Additional Materials:

ARB Report

Article 30 - video presentation - ARB