[HISTORY: Adopted by the Town of Barre Planning Board as
indicated in article histories. Amendments noted where applicable.]
[Adopted 2-2-2010]
A.
Purpose. The purpose of this regulation is to provide:
(1)
The procedure and requirements for obtaining a special permit for
the construction and operation of wind-energy facilities;
(2)
Standards for the placement, design, construction, monitoring, modification
and removal of wind-energy facilities that address public safety,
minimize impacts on scenic, natural and historic resources of the
Town; and
(3)
Adequate financial assurance for removal of discontinued facilities.
B.
Applicability. This regulation applies to all wind-energy facilities
proposed to be constructed after the effective date of this regulation,
and to modifications of existing wind-energy facilities that materially
alter the type, configuration, or size of such facilities or other
related equipment.
C.
Special permit.
(1)
A special permit is required for all small wind-energy facilities,
large wind-energy facilities and utility-scale wind-energy facilities
in all zoning districts. The special permit may be issued by the Planning
Board.
(2)
A special permit may be granted if the Planning Board (Special Permit
Granting Authority) finds in writing that:
(a)
The specific site is an appropriate location for such use;
(b)
The wind-energy facility will not pose a hazard to persons,
animals, buildings or vehicles;
(c)
The wind-energy facility will not create a nuisance or otherwise
adversely affect the surrounding neighborhood;
(d)
Adequate and appropriate facilities will be provided for the
proper operation and maintenance of the use;
(e)
The proposed design is adequate and appropriate for the site.
(3)
The Special Permit Granting Authority may impose reasonable conditions,
safeguards and limitations on time and use and may require the applicant
to implement reasonable measures to mitigate or eliminate potential
adverse impacts caused by construction and/or use of the wind-energy
facility.
As used in this Regulation, the following terms shall have the
meanings indicated:
A wind-energy facility permanently mounted on a building
or other structure. This definition applies to wind turbines of any
capacity that are designed to be operated in direct contact with a
building.
The Town of Barre Zoning Bylaw.[1]
The height of a wind turbine measured from natural grade
to the tip of the rotor blade at its highest point, or blade-tip height.
A wind-energy facility with a rated nameplate capacity of
greater than 100 kW/0.1 MW.
A large wind-energy facility located at a commercial, industrial,
agricultural, institutional, or public facility that will generate
electricity primarily for on-site use.
The maximum rated output of electric power production equipment.
This output is typically specified by the manufacturer with a nameplate
on the equipment.
Shadow flicker is caused by sunlight passing through the
swept area of the wind turbine's blades, creating a stroboscopic effect.
The lot or lots on which a wind-energy facility is located,
together with all mandatory setback areas, if any, extending beyond
the boundaries of such lot or lots.
A wind-energy facility with a rated nameplate capacity of
not more than 100 kW/ 0.1 MW.
A commercial wind-energy facility, where the primary use
of the facility is electrical generation to be sold to the wholesale
electricity markets.
All equipment, machinery and structures utilized on a single
site in connection with the conversion of wind to electricity. This
includes, but is not limited to, transmission, storage, collection
and supply equipment, substations, transformers, service and access
roads, and one or more wind turbines.
A temporary tower equipped with devices to measure wind speeds
and direction. A meteorological tower is used to determine how much
wind power a site can be expected to generate.
A device that converts kinetic wind energy into rotational
energy that drives an electrical generator. A wind turbine typically
consists of a tower, nacelle body, and a rotor with two or more blades.
The following requirements are common to all wind-energy facilities
and must be followed in addition to the technology or class-specific
requirements. All wind-energy facilities shall be constructed and
operated in a manner that minimizes any adverse visual, safety, and
environmental impacts.
A.
Compliance with laws, ordinances and regulations. The construction
and operation of all wind-energy facilities shall be consistent with
all applicable local, state and federal requirements, including but
not limited to all applicable safety, construction, environmental,
electrical, communications and Federal Aviation Administration aviation
requirements. Prior to approval of a special permit, the applicant
shall obtain a building permit from the appropriate authority.
B.
Proof of liability insurance. The applicant shall be required to
provide evidence of liability insurance in an amount and for a duration
sufficient to cover loss or damage to persons and property occasioned
by the construction and use of any wind-energy facility, including
negligence and acts of God.
C.
Site control. The applicant shall submit proof of control of the
project site sufficient to allow for installation and use of the proposed
wind-energy facility. Documentation shall include proof of control
over setback areas and adequate access to the wind-energy facility
from a public way. Control shall include the legal authority to prevent
the use or construction of any structure for human habitation within
the setback areas.
D.
Utility notification. No wind-energy facility shall be installed
until evidence has been given that the applicable utility company
has been informed of its customer's intent to install such facility,
and has approved such installation as necessary. Off-grid systems
shall be exempt from this requirement.
E.
Utility connections. To the extent reasonably possible, depending
on soil conditions, shape, and topography of the site and the requirements
of the utility provider, utility connections from the wind-energy
facility shall be located underground. Electrical transformers for
utility interconnections may be above the ground if required by the
utility provider.
F.
Accessory structures. All structures accessory to a wind-energy facility,
including, but not limited to, equipment shelters, storage facilities,
transformers, and substations, shall be architecturally compatible
with each other and shall be contained within the turbine tower whenever
technically and economically feasible. Whenever reasonable, such structures
should be shaded from view by vegetation and/or located in an underground
vault and joined or clustered to avoid adverse visual impacts.
G.
Meteorological towers (met towers). Met towers shall be permitted
under the same standards applicable to small wind-energy facilities,
except that a permit for a temporary met tower shall be valid for
only three years.
A.
Setbacks.
(1)
Wind turbines shall be set back a distance equal to 120% of the total
height of the wind turbine from all inhabited structures, overhead
utility lines, public or private ways or access easements, property
boundaries and other wind turbines. No wind-energy facility may be
installed in a front yard or between a way or access easement and
the front of an inhabited building.
(2)
The Special Permit Granting Authority may reduce the minimum setback
distance as appropriate, based on site-specific considerations, or
written consent of the affected abutter(s), if the project satisfies
all other criteria for the granting of a special permit.
B.
Height.
(1)
The height of wind-energy facilities in all zoning districts will
be limited to the setback requirement for wind turbines or 300 feet,
whichever is less.
(2)
The Special Permit Granting Authority may allow wind-energy facilities
of greater height than set forth herein only upon the applicant's
demonstration that such greater height is necessary for operation
of the facility, and the facility satisfies all other criteria for
the granting of a special permit.
C.
Multiple turbines. A wind-energy facility may have multiple turbines.
Each turbine on a site must meet all requirements applicable to the
type of wind-energy facility approved for the site.
A.
Appearance, color and finish. The wind generator and tower shall
remain painted or finished with the nonreflective color or finish
that was originally applied by the manufacturer, unless approved otherwise
in the special permit. Federal Aviation Administration safety considerations
concerning color and appearance must be adhered to as applicable.
B.
Lighting and signage.
(1)
Lighting. Wind turbines shall be lighted only as required by the
Federal Aviation Administration. Lighting of other parts of the wind-energy
facility, such as appurtenant structures, shall be limited to that
required for safety and operational purposes, and shall be reasonably
shielded from abutting properties.
(2)
Signage. Signage on the wind-energy facility shall comply with the
requirements of the Town's sign regulations and shall be limited to
that necessary to reasonably identify the owner and manufacturer,
provide twenty-four-hour emergency contact information, and warn of
any danger.
(3)
Advertising. Wind turbines shall not be used for displaying any advertising
except for reasonable identification of the manufacturer and/or operator
of the wind-energy facility.
A.
Emergency services. The applicant shall provide a copy of the project
summary, an electrical schematic, and plot or site plan to the local
emergency services entity, as designated by the Special Permit Granting
Authority. Upon request, the applicant shall cooperate with local
emergency services in developing an emergency response plan. All means
of disconnecting the wind-energy facility shall be clearly indicated
on the materials provided, and marked on each wind-energy facility.
The applicant or facility owner shall maintain a phone number and
identify a responsible person for the public, police, fire, emergency
medical services and Zoning Enforcement Officer to contact throughout
the life of the facility.
B.
Unauthorized access. Wind turbines or other structures that are part
of a wind-energy facility shall be designed to prevent unauthorized
access. For instance, the tower shall be designed and installed so
as to not provide step bolts or other climbing means readily accessible
to the public for a minimum height of eight feet above the ground.
Electrical equipment shall be locked where possible.
C.
Shadow flicker. Wind-energy facilities shall be sited in a manner
that minimizes shadowing or flicker impacts. The applicant has the
burden of proving that this effect does not have significant adverse
impact on neighboring or adjacent uses.
D.
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 wind-energy facility and is otherwise
prescribed by applicable laws, regulations, and ordinances.
E.
Noise.
(1)
The wind-energy facility shall conform to the provisions of the Department
of Environmental Protection's Division of Air Quality Noise Regulations
(310 CMR 7.10).
(2)
A wind-energy facility will be considered to be in violation of these
regulations if it increases the broadband sound level by more than
10 dB(A) above ambient, or produces a pure tone condition: when any
octave band center frequency sound-pressure level exceeds the two
adjacent center frequency sound-pressure levels by three decibels
or more. These criteria are measured both at the property line and
at the nearest inhabited structure. "Ambient" is defined as the background
A-weighted sound level that is exceeded 90% of the time measured during
equipment operating hours. An analysis prepared by a qualified engineer
shall be presented to demonstrate compliance with these noise standards
if required by the Special Permit Granting Authority incidental to
its consideration of a special permit application.
A.
Facility conditions. The applicant shall maintain the wind-energy
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 local Fire Chief and Emergency Medical Services. The project owner
shall be responsible for the cost of maintaining the wind-energy facility
and adequate access to the facility from a public way, and the cost
of repairing any damage occurring as a result of operation and construction.
B.
Discontinuance and removal.
(1)
Any wind-energy facility not used for a period of 18 months or more
without written permission from the Special Permit Granting Authority,
or that has reached the end of its useful life, shall be considered
discontinued, and shall be removed. When an applicant intends to decommission
and/or remove a wind-energy facility, the applicant shall notify the
Zoning Enforcement Officer and Building Inspector by certified mail
of the proposed date of discontinued operations and plans for removal.
The owner/operator shall physically remove the wind-energy facility
no more than 150 days after the date of discontinued operations. At
the time of removal, the affected portion of the site shall be restored
as near as possible to the state it was in before the facility was
constructed, unless put to another legally authorized, active use.
Decommissioning and removal 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 waste in accordance with
local and state waste disposal regulations;
(c)
Stabilization or revegetation of the site as necessary to minimize
erosion. The Zoning Enforcement Officer may allow the owner to leave
landscaping or designated below-grade foundations in order to minimize
erosion and disruption to vegetation.
(2)
Upon request, the applicant shall provide evidence to the Zoning
Enforcement Officer demonstrating continued use of the wind-energy
facility. Failure to provide such evidence within 30 days of a written
request from the Zoning Enforcement Officer addressed to the contact
address provided and maintained by the applicant as required above
shall be conclusive evidence that the wind-energy facility has been
discontinued.
(3)
If the applicant fails to remove the wind-energy facility in accordance
with the requirements of this section, the Town shall have the right,
to the extent it is otherwise duly authorized by law, to enter the
property and remove the facility at the expense of the facility owner
and the owner(s) of the site on which the facility is located.
B.
General required documents.
(1)
A plot plan showing:
(a)
Property lines and physical dimensions of the wind-energy facility
site;
(b)
Location, dimensions, and types of existing structures on the
site;
(c)
Location of the proposed wind-energy facility tower(s), foundations,
guy anchors and associated equipment;
(d)
Public and private ways and access easements contiguous with
or passing through the site;
(e)
Overhead utility lines on the site;
(f)
Location and approximate height of tree cover on the site.
(2)
Technical documentation:
(a)
Wind-energy facility technical specifications, including manufacturer
and model, rotor diameter, tower height, tower type (freestanding
or guyed);
(b)
Tower blueprint or drawing signed by a professional engineer;
(c)
Electrical diagram detailing wind turbine, associated components,
and electrical interconnection methods including all National Electrical
Code compliant disconnect and over-current devices;
(d)
Foundations for towers less than or equal to 100 feet must have
blueprints or drawings signed by a professional engineer;
(e)
Foundations for towers greater than 100 feet must have blueprints
or drawings signed by a professional engineer licensed by the Commonwealth
of Massachusetts;
(f)
A maintenance plan.
C.
Additional submission requirements for large- and utility-scale wind-energy
facilities.
(1)
Location map. The applicant shall submit to the Special Permit Granting
Authority a copy of a portion of the most recent United States Geological
Survey Quadrangle Map, at a scale of 1:25,000, showing the proposed
wind-energy facility site, including turbine sites, and the area within
at least two miles from the facility. Zoning district designation
for the subject parcel should be included; however, a copy of a Zoning
Map with the parcel identified is suitable.
(2)
Site plan. A one-inch-equals-two-hundred-feet plan of the proposed
wind-energy facility site, with contour intervals of no more than
10 feet, showing the following:
(a)
Property lines for the site parcel and adjacent parcels within
300 feet;
(b)
Outline of all existing structures, including purpose (e.g.,
residence, garage, etc.), on the site parcel and all adjacent parcels
within 500 feet. Include distances from the wind-energy facility to
each structure shown;
(c)
Location of all roads and access easements, public and private,
on the site parcel and adjacent parcels within the setback distance
of 1.2 times the blade-tip height, and proposed roads or driveways,
either temporary or permanent;
(d)
Existing areas of tree cover, and average height of trees within
the setback distance of 1.2 times the blade-tip height;
(e)
Proposed location and design of the wind-energy facility, including
all turbines, ground equipment, appurtenant structures, transmission
infrastructure, access, fencing, exterior lighting, etc.;
(f)
Location of view representations, as defined herein.
(3)
View representations for large- and utility-scale wind-energy facilities.
The applicant shall provide, upon the request of the Special Permit
Granting Authority, up to three view representations for large wind-energy
facilities and four view representations for utility-scale wind-energy
facilities. View representations shall be in color and shall include
actual preconstruction photographs and accurate post-construction
simulations of the height and breadth of the wind facility (e.g.,
superimpositions of the wind facility onto photographs of existing
views) as taken or seen from fixed points selected by the Special
Permit Granting Authority within populated areas or on public ways
within a two-mile radius of the proposed wind-energy facility. Such
fixed points shall include the nearest building with a view of the
wind-energy facility. All view representations will include existing
and proposed structures, plus tree coverage, and shall further include
a description of the technical procedures followed in producing the
view representation (distances, angles, lens, etc.).
(4)
Operation and maintenance plan. The applicant shall submit a plan
for maintenance of site access and stormwater drainage facilities
serving the site, as well as general procedures for operational maintenance
of the wind-energy facility.
(5)
Compliance documents. The applicant will provide with the application:
(a)
Proof of adequate financial surety, as set forth below;
(b)
Proof of liability insurance;
(c)
Certification of height approval from the Federal Aviation Administration,
as required;
(d)
Evidence of existing site sound levels and maximum sound levels
for the proposed wind-energy facility demonstrating compliance with
this regulation.
(6)
Required supporting documentation for building-integrated wind-energy
facilities. A special permit application for a building-integrated
wind-energy facility shall include:
(a)
Analysis and design documents, completed by a licensed structural
engineer, demonstrating that the proposed building is structurally
sufficient to support the permanent installation of the proposed building-integrated
wind-energy facility. At a minimum, the analysis should address vibration,
wind load, and ice load;
(b)
Elevation drawings of the building with building-integrated
wind-energy facility installed, viewed from north, south, east, and
west;
(c)
Building schematic detailing point(s) of connection and associated
supports for the building-integrated wind-energy facility;
(d)
Schematic of attachment method for connecting the building-integrated
wind-energy facility to the building;
(e)
Specification sheets for wind turbine and all related components
(inverters, controllers, disconnects, etc.);
(f)
Electrical diagram detailing wind turbine, associated components,
and electrical interconnection methods and showing all National Electrical
Code compliant disconnects and over-current devices.
(7)
Landscape plan for utility-scale projects. A special permit application
for a utility-scale project shall include a plan indicating all proposed
changes to the landscape of the site, including temporary or permanent
roads or driveways, grading, vegetation clearing and planting, exterior
lighting other than Federal Aviation Administration lights, screening
vegetation or structures. Lighting shall be designed to minimize glare
on abutting properties and except as required by the Federal Aviation
Administration be directed downward with full cut-off fixtures to
reduce light pollution.
(8)
Financial surety for large wind-energy and utility-scale projects.
An applicant for a large wind-energy or utility-scale wind-energy
facility special permit must provide a form of surety, either through
escrow account, bond or otherwise, to cover the cost of removal in
the event the Town must remove the facility, of an amount and form
determined to be reasonable by the Special Permit Granting Authority.
Such surety will not be required for municipally owned or state-owned
facilities. Provision and continued maintenance of the bond shall
be a condition of the special permit. 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
cost-of-living adjustment.
D.
Independent consultants.
(1)
Upon submission of an application for a wind-energy facility special
permit, the Special Permit Granting Authority may engage, at the applicant's
cost, professional and technical consultants, including legal counsel,
to assist the Authority with its review of the application, in accordance
with the requirements of MGL c. 44, § 53G.
(2)
The applicant shall pay to the Special Permit Granting Authority
an initial deposit of $500 for small wind-energy facilities, $1,000
for large wind-energy facilities and $1,500 for utility-scale wind-energy
facilities for such review at the time of submission of the permit
application, which shall be deposited into a special account established
by the Town Treasurer under MGL c. 44, § 53G. The balance
of this account shall at no time be less than 1/2 the initial deposit,
and the applicant shall deposit with the Treasurer such additional
funds as are required to restore the account to the amount of the
initial deposit upon notice from the Special Permit Granting Authority,
by first-class mail, that the amount on deposit has been decreased
by the expenditures described herein to an amount at or below 1/2
of the initial deposit. If the applicant fails to restore the account
balance and the balance is insufficient to pay incurred professional
and technical review fees, the Special Permit Granting Authority shall
send the invoice directly to the applicant for immediate payment.
Failure to comply with this section shall be good grounds for denying
the special permit application. Upon approval of the special permit
application, any excess amount in the account attributable to that
project, including any interest accrued, shall be repaid to the applicant
or the applicant's successor in interest.
