[Added 5-17-2010 ATM by Art. 18[1]]
A.
The purpose of this bylaw is to provide by special permit for the
construction and operation of wind energy facilities and to provide
standards for the placement, design, construction, operation, monitoring,
modification and removal of wind facilities that address public safety,
minimize impacts on scenic, natural and historic resources and to
provide adequate financial assurance for the eventual decommissioning
of such facilities.
B.
The provisions set forth in this bylaw shall take precedence over
all other bylaws when considering applications related to the construction,
operation, and/or repair of land-based wind energy facilities.
A.
This section applies to all utility-scale and on-site wind energy
facilities proposed to be constructed after the effective date of
this section.
B.
It does not apply to single stand-alone wind turbines under 60 kilowatts
of rated nameplate capacity.
C.
Any physical modifications to existing wind energy facilities that
materially alters the type or increases the size of such facilities
or other equipment shall require a special permit.
D.
This section does not apply to off-shore wind energy systems.
The following requirements are common to all wind energy facilities
to be sited in designated locations.
The construction and operation of all such proposed 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
aviation requirements.
A.
Site plan and special permit review. No wind energy facility over 60 kilowatts of rated nameplate capacity shall be erected, constructed, installed or modified as provided in this section without first undergoing special permit and site plan review by the Planning Board. A wind energy facility shall require special permit and site plan review as a major project under Article XVIII in addition to a special permit under this Article XXI. The special permit and site plan review applications shall be filed as a combined submission and the Planning Board shall review the same in accordance with the provisions of § 300-140.2B(2). Where there is a conflict between the requirements of Article XVII and the requirements of § 300-140.2B(2), the latter shall govern. The Planning Board shall be the special permit granting authority for all wind energy facilities.
(1)
Procedures.
(b)
The Planning Board shall conduct a public hearing within 65
days of the filing of the wind energy facility application. Notice
of such hearing shall be in accordance with MGL c. 40A, § 11.
(c)
The Planning Board shall make a decision on a wind energy facility
application within 90 days following the date of the public hearing
unless such time has been extended by mutual agreement, in writing,
between the applicant and the Planning Board and such extension has
been filed with the Town Clerk.
(2)
Decision standards.
(a)
All wind energy facilities shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts. The Planning Board shall base its decision on the special permit criteria in § 300-35 and may not grant the special permit unless it finds in writing that:
[1]
The proposed wind energy facility addresses the
purposes of the wind energy facility bylaw; and
[2]
The proposed wind energy facility mitigates adverse
impacts, if any, on the surrounding neighborhood;
[3]
The specific site is an appropriate location for
a wind energy facility;
[4]
The proposed wind energy facility will not pose
any serious hazard to pedestrians or vehicles;
[5]
The proposed wind energy facility will not generate
excessive odors, fumes, dust, light, heat, vibration or otherwise
create a nuisance to the surrounding neighborhood; and
[6]
Adequate and appropriate facilities will be provided
for the proper operation of the proposed wind energy facility.
(3)
Conditions of approval. The Planning Board may impose reasonable
conditions in its decision as necessary to ensure compliance with
this article. In addition, the following conditions shall be incorporated
in a wind energy facility special permit:
(a)
There shall be no further division of the subject property which
decreases its land area without a modification of the special permit
and site plan.
(b)
Site design process. The applicant for a wind energy facility
special permit shall demonstrate to the Planning Board's satisfaction
that the following design process was followed in determining the
layout of proposed wind energy facility.
[1]
Understanding the development site. The first step
is to inventory existing site features, taking care to identify sensitive
and noteworthy natural, scenic and cultural resources on the site,
and to determine the connection of these important features to each
other.
[2]
Evaluating site context. The second step is to
evaluate the site in its larger context by identifying physical (e.g.,
stream corridors, wetlands), transportation (e.g., road and bicycle
networks), and cultural (e.g., recreational opportunities) connections
to surrounding land uses and activities.
[3]
Evaluating the optimization of energy generation
and impact on neighborhood. The third step is to evaluate the design
of the proposed wind energy facility as to whether it maximizes efficient
energy generation in comparison to the impact of the proposed wind
energy facility to the neighborhood.
B.
Building permit. No wind energy system shall be erected, constructed,
installed or modified as provided in this section without first obtaining
a building permit. The application for a building permit for a wind
energy system must be accompanied by the fee required for a building
permit.
All plans and maps shall be prepared, stamped and signed by
a professional engineer licensed to practice in Massachusetts.
A.
Pursuant to the site plan review process, the project proponent shall
provide the following documents:
(1)
A site plan showing:
(a)
Property lines and physical dimensions of the site parcel and
adjacent parcels within 300 feet of the site parcel;
(b)
Outline of all existing buildings, including purpose (e.g.,
residence, garage, etc.) on site parcel and all adjacent parcels within
500 feet of the site parcel, including distances from the wind facility
to each building shown;
(c)
Location of the proposed tower, foundations, guy anchors, access
roads, and associated equipment;
(d)
Location of all existing and proposed roads, both public and
private, and including temporary roads or driveways, on the site parcel
and adjacent parcels within 500 feet of the site parcel;
(e)
Any existing overhead utility lines;
(f)
Existing areas of tree cover, including average height of trees,
on the site parcel and any adjacent parcels within a distance, measured
from the wind turbine foundation, of 1.2 times the height of the wind
turbine;
(g)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting (other than FAA lights),
screening vegetation or structures;
(h)
Tower foundation blueprints or drawings signed by a professional
engineer licensed to practice in the Commonwealth of Massachusetts;
(i)
Tower blueprints or drawings signed by a professional engineer
licensed to practice in the Commonwealth of Massachusetts;
(j)
One or three line electrical diagram detailing wind turbine,
associated components, and electrical interconnection methods, with
all National Electrical Code compliant disconnects and overcurrent
devices;
(k)
Documentation of the wind energy facility's manufacturer and
model, rotor diameter, tower height, tower type (freestanding or guyed),
and foundation type/dimensions;
(l)
Name, address, phone number and signature of the applicant,
as well as all co-applicants or property owners, if any;
(m)
The name, contact information and signature of any agents representing
the applicant; and
(2)
Documentation of actual or prospective access and control of the project site (see also § 300-141.3);
(3)
An operation and maintenance plan. The applicant shall submit
a plan for maintenance of access roads and stormwater controls, as
well as general procedures for operation and maintenance of the wind
facility.
(4)
Landscape plan. 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 FAA lights, screening vegetation or structures. Lighting shall
be designed to minimize glare on abutting properties and except as
required by the FAA be directed downward with full cutoff fixtures
to reduce light pollution.
(5)
A location map consisting of a copy of a portion of the most
recent USGS Quadrangle Map, at a scale of 1:25,000, showing the proposed
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; submission of a copy of a zoning map with
the parcel identified is suitable for this purpose;
(6)
Proof of liability insurance;
(7)
Certification of height approval from the FAA;
(8)
A statement that evidences the wind energy facility's conformance
with § 300-171.7K listing existing ambient sound levels
at the site and maximum projected sound levels from the wind energy
facility; and
(9)
Description of financial surety that satisfies § 300-171.8C(3).
A.
The special permit granting authority shall select between three
and six sight lines, including from the nearest building with a view
of the wind energy facility, for pre- and post-construction view representations.
Sites for the view representations shall be selected from populated
areas or public ways within a two-mile radius of the wind energy facility.
View representations shall have the following characteristics:
(1)
View representations shall be in color and shall include actual
pre-construction photographs and accurate post-construction simulations
of the height and breadth of the wind energy facility (e.g., superimpositions
of the wind energy facility onto photographs of existing views).
(2)
All view representations will include existing, or proposed,
buildings or tree coverage.
(3)
Include description of the technical procedures followed in
producing the visualization (distances, angles, lens, etc.).
B.
The Planning Board may waive documentary requirements as it deems
appropriate.
At the time of its application for a special permit, the applicant
shall submit documentation of actual or prospective control of the
project site sufficient to allow for installation and use of the proposed
facility. Documentation shall also include proof of control over setback
areas and access roads, if required. Control shall mean the legal
authority to prevent the use or construction of any structure for
human habitation within the setback areas.
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 structures occasioned by the failure of the
facility.
No wind energy facility shall be installed until evidence has
been given that the utility company that operates the electrical grid
where the facility is to be located has been informed of the customer's
intent to install an interconnected customer-owned generator. Off-grid
systems shall be exempt from this requirement.
Wind monitoring or meteorological towers shall be permitted
subject to issuance of a building permit for a temporary structure
and subject to a minimum setback equal to the height of the tower.
No site plan review shall be required these temporary structures and
are permitted for a maximum of three years.
A.
Appearance, color and finish. The Planning Board shall have discretion
over the turbine color, although such color shall remain consistent
with FAA requirements, and a neutral, nonreflective exterior color
designed to blend with the surrounding environment may be encouraged.
Color and appearance shall comply with Federal Aviation Administration
(FAA) safety requirements.
B.
Lighting. Wind turbines shall be lighted only if required by the
FAA. 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. Except as required by the FAA, lighting of the wind energy
facility shall be directed downward and shall incorporate full cutoff
fixtures to reduce light pollution.
C.
Signage.
(1)
Signs on wind energy facilities shall comply with the Town's
sign bylaw[1]. The following signs shall be required:
(2)
Wind turbines shall not be used for displaying any advertising
except for reasonable identification of the manufacturer or operator
of the wind energy facility.
D.
Utility connections. Reasonable efforts, as determined by the Planning
Board, shall be made to place all utility connections from the wind
energy facility 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.
E.
Appurtenant structures. All appurtenant structures to wind energy
facilities shall be subject to reasonable regulations 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 shaded
from view by vegetation and/or located in an underground vault and
joined or clustered to avoid adverse visual impacts.
F.
Height. The height of wind energy facilities including the maximum
height of the blade tip shall not exceed 450 feet in height. The Planning
Board may increase the maximum height up to 15% as appropriate based
on site-specific considerations, or written consent of the affected
abutter(s).
G.
Safety and environmental standards.
(1)
Emergency services. The applicant shall provide a copy of the
project summary, electrical schematic, and site plan to the police
and fire departments, and/or the local emergency services entity designated
by the Town. 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 marked.
The applicant or facility owner shall identify a responsible person
for public inquiries or complaints throughout the life of the project.
H.
Unauthorized access. Wind energy facilities shall be designed to
prevent unauthorized access. For instance, the towers of wind turbines
shall be designed and installed so that step bolts or other climbing
features are not readily accessible to the public and so that step
bolts or other climbing features are not installed below the level
of eight feet above the ground. Electrical equipment shall be locked
where possible.
I.
Setbacks.
(1)
The purpose of setbacks is to mitigate adverse impacts on abutting
properties. Wind energy facility, front, side and rear setbacks shall
be as follows:
(a)
Minimum setback of a distance equal to one times the overall
blade tip height of the wind turbine from the nearest property line.
(b)
Every abutting property shall be visually screened from the
project through any one or combination of the following location,
distance, plantings, and fencing (not to exceed six feet).
(2)
Setback waiver. The Planning Board 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 building permit under the
provisions of this section.
J.
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.
K.
Sound. The wind facility and associated equipment shall conform with
the provisions of the Department of Environmental Protection's Division
of Air Quality Noise Regulations (310 CMR 7.10), unless the Department
agrees that those provisions shall not be applicable. The special
permit granting authority, in consultation with the Department, shall
determine whether such violations shall be measured at the property
line or at the nearest inhabited structure.
L.
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 per practices
of best management of natural areas or good husbandry of the land
and forest or otherwise prescribed by applicable laws, regulations,
and bylaws.
M.
Frontage. The Planning Board may grant a waiver from the frontage
requirements of the underlying zoning district if the applicant can
demonstrate:
A.
Wind energy 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 Fire Chief. The project owner shall be responsible for the
cost of maintaining the wind energy facility and any access road(s),
unless accepted as a public way, and the cost of repairing any damage
occurring as a result of operation and construction.
B.
Modifications. All material modifications to a wind energy facility
made after issuance of the required building permit shall require
approval by the Planning Board.
C.
Abandonment or decommissioning.
(1)
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. The applicant
shall notify the Planning Board by certified mail of the proposed
date of discontinued operations and plans for removal. 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 waste in accordance with
local, state, and federal waste disposal regulations.
(c)
Stabilization or re-vegetation of the site as necessary to minimize
erosion. The Planning Board may allow the owner to leave landscaping
or designated below-grade foundations in order to minimize erosion
and disruption to vegetation.
(2)
Abandonment. Absent notice of a proposed date of decommissioning
or written note of extenuating circumstances, the wind energy facility
shall be considered abandoned when the facility fails to operate for
more than two years without the written consent of the Planning Board.
If the applicant fails to remove the facility in accordance with the
requirements of this section within 150 days of abandonment or the
proposed date of decommissioning, the Town may enter the property
and physically remove the facility.
(3)
Financial surety. Applicants for utility-scale wind energy facilities
shall 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 and remediate the landscape, in an amount and
form determined to be reasonable by the Planning Board, but in no
event to exceed more than 125% 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. If the applicant can demonstrate that
it is unable to provide a surety, the Planning Board may waive this
requirement upon the applicant's agreement that the Town may remove,
at the property owner's expense pursuant to the remedies available
under state law, the wind energy facility if it is abandoned, discontinued
or becomes hazardous.
A.
A special permit issued for a wind facility shall be valid for life
of the project. The time period may be extended or the permit renewed
by the special permit granting authority upon satisfactory operation
of the facility. Request for renewal must be submitted at least 180
days prior to expiration of the special permit. Submitting a renewal
request shall allow for continued operation of the facility until
the special permit granting authority acts. At the end of that period
(including extensions and renewals), the wind facility shall be removed
as required by this section.
B.
The applicant or facility 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 invalidity of any section or provision of this bylaw shall
not invalidate any other section or provision thereof.
