A.
Purpose. It is the purpose of this regulation to promote
the safe, effective and efficient use of residential wind energy systems
installed to reduce the on-site consumption of utility-supplied electricity.
B.
Findings.
(1)
Harwich finds that wind energy is an abundant,
renewable, and nonpolluting energy resource and that its conversion
to electricity will reduce our dependence on nonrenewable energy resources
and decrease the air and water pollution that results from the use
of conventional energy sources. Distributed small wind energy systems
will also enhance the reliability and power quality of the power grid,
reduce peak power demands, and help diversify the state's energy supply
portfolio. Small wind systems also make the residential electricity
supply market more competitive by promoting customer choice.
(2)
The Commonwealth of Massachusetts has enacted
a number of laws and programs to encourage the use of small-scale
renewable residential energy systems, including rebates, net metering,
property and sales tax exemptions, and solar easements. However, many
existing zoning ordinances contain restrictions which, while not intended
to discourage the installation of small wind turbines, can substantially
increase the time and costs required to obtain necessary construction
permits.
(3)
Therefore, it is necessary to standardize and
streamline the issuance of permits for small residential wind energy
systems so that this clean, renewable energy resource can be utilized
in a cost-effective and timely manner.
C.
RESIDENTIAL WIND ENERGY SYSTEM
ROTOR
TOWER HEIGHT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics, which has
a rated capacity of not more than 25 kW and which is intended to reduce
on-site consumption of residential utility power for a single residential
lot.
The blades and hub of the wind turbine that rotate during
turbine operations.
The height above existing grade of the fixed portion of the
tower, excluding the wind turbine itself.
D.
Special permit requirements. The Planning Board is
hereby established as the special permit granting authority in connection
with the construction of residential wind energy systems (RWES) in
the Town of Harwich. A special permit may be issued for the erection
of a RWES as an accessory use in any designated residential district
or in connection with any residential use in a designated commercial
district, provided that the following conditions are met:
(1)
Lot size. RWES may not be placed on lots of
less than 40,000 square feet.
(2)
Tower placement. No part of the wind system,
support structure, or the structure on which the rotor is located
is to be located within a wetland area.
(3)
Tower height. Tower height shall be limited
to 150 feet from existing grade.
(4)
Setback. No part of the wind system support
structure, including guy wire anchors, may extend closer to the property
boundaries than the standard structure setbacks for the zone where
the land is located. The structure on which the rotor is located must
be set back at least 10 feet from any habitable structure on the lot
on which it is located. The structure on which the rotor is located
must be set back from habitable structures on abutting lots in place
at the time of RWES installation a distance equal to the height of
the structure from ground level to the tip of the rotor blade. The
structure on which the rotor is located must be set back from lot
lines a distance equal to 3/4 of the height of the structure from
ground level to the tip of the rotor blade. A setback from a lot line
shall not be required when the abutting owner(s) grants an easement
to the owner of the RWES. In a case where the applicant is also the
owner of the abutting property, the setback shall be measured from
the furthest lot line of the abutting property. Setback distances
may be reduced with the permission of the abutting property owner(s)
and the Planning Board.
(5)
Noise. In no instance may the noise level at the lot line exceed 10 dB(A) over the ambient sound level. In a case where the applicant is also the owner of the abutting property, the distance shall be measured from the furthest lot line of the abutting property. In addition, any RWES is required to comply with Chapter 189, Noise, of the Town of Harwich General Bylaws.
(6)
Prevention of tower access. Climbing access
to the tower shall be limited by one of the following methods: by
placing climbing apparatus no lower than 10 feet from the ground,
or by placing shielding over climbing apparatus or access, or by installation
of a fence.
(7)
Compliance with State Building Code. Building
permit applications for small wind energy systems shall be accompanied
by standard drawings of the wind turbine structure, including the
tower, base, and footings. An engineering analysis of the tower showing
compliance with the State Building Code and certified by a licensed
professional engineer shall also be submitted. This analysis is frequently
supplied by the manufacturer.
(8)
Compliance with FAA regulations. Small wind
energy systems must comply with applicable FAA regulations, including
any necessary approvals for installations close to airports.
(9)
Compliance with Massachusetts Electric Code.
Building permit applications for small wind energy systems shall be
accompanied by a line drawing of the electrical components in sufficient
detail to allow for a determination that the manner of installation
conforms to the Massachusetts Electrical Code. This information is
frequently supplied by the manufacturer.
(10)
Utility notification. No small wind energy system
shall be installed until evidence has been given that the utility
company has been informed of the customer's intent to install an interconnected
customer-owned generator. Off-grid systems shall be exempt from this
requirement.
E.
Abandonment. A residential wind energy system (RWES)
will be considered to be abandoned if it is not operated for a period
of two years or if it is designated a safety hazard by the Building
Official. Once an RWES is designated as abandoned, the owner shall
be required to immediately physically remove the installation. "Physically
remove" shall include, but not be limited to:
(1)
Removal of RWES, any equipment shelters and
security barriers from the subject property.
(2)
Proper disposal of the waste materials from
the site in accordance with local and state solid waste disposal regulations.
(3)
Restoring the location of the RWES to its natural
condition, except that any landscaping and grading shall remain in
the after-condition.
F.
Severability. The provisions of this section are severable
and, in the event that any provision of this section is determined
to be invalid for any reason, the remaining provisions shall remain
in full force and effect.
A.
ROTOR
TOWER HEIGHT
WIND ENERGY SYSTEM
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The blades and hub of the wind turbine that rotate during
turbine operations.
The height above existing grade of the fixed portion of the
tower, excluding the wind turbine itself.
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics, which has
a rated capacity of not more than 25 kW and which is intended to reduce
on-site consumption of utility power for a single nonresidential lot.
A meteorological/test tower used to measure factors including wind
speed and wind directions for the purpose of determining the appropriateness
of a specific location for a wind energy system is also considered
part of a wind energy system.
B.
Special permit requirements. The Planning Board is hereby established as the special permit granting authority in connection with the construction of wind energy systems (WES) in commercial districts in the Town of Harwich. A special permit may be issued for the erection of a WES as an accessory use in any designated commercial district, provided that the conditions outlined in § 325-109D(1) to (11) of this article are met.
A.
ROTOR
TOWER HEIGHT
WIND ENERGY SYSTEM
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The blades and hub of the wind turbine that rotate during
turbine operations.
The height above existing grade of the fixed portion of the
tower, excluding the wind turbine itself.
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics, which has
a rated capacity of not more than 25 kW and which is intended to reduce
on-site consumption of utility power for a single nonresidential lot.
A meteorological/test tower used to measure factors including wind
speed and wind directions for the purpose of determining the appropriateness
of a specific location for a wind energy system is also considered
part of a wind energy system.
B.
Special permit requirements. The Planning Board is hereby established as the special permit granting authority in connection with the construction of wind energy systems (WES) in the Industrial - Limited (IL) District in the Town of Harwich. A special permit may be issued for the erection of a WES as an accessory use in any designated industrial district, provided that the conditions outlined in § 325-109D(1) to (11) of this article are met.
