[1]
Editor's Note: This article was added 5-4-2009 ATM by Art.
34.
The purpose of this bylaw is to provide for the construction
and operation of large-scale wind facilities and to provide standards
for the placement, design, construction, monitoring, modification
and removal of such wind facilities that address public safety, minimize
impacts on scenic, natural and historic resources and provide adequate
financial assurance for decommissioning.
A.
This article applies to all large-scale and on-site wind facilities
proposed to be constructed after the effective date of this article.
It does not apply to single stand-alone wind turbines under 25 kilowatts
of rated nameplate capacity.
B.
Any physical modification to existing wind facilities that materially
alters the type or increases the size of such facilities or other
equipment shall require a special permit.
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 temporary tower equipped with devices to measure wind speeds
and direction, typically used to determine how much wind is available
to generate power from a wind turbine at a site.
The maximum rated output of electric power production equipment.
This output is typically specified by the manufacturer in kilowatts
or megawatts with a "nameplate" on the equipment.
The SPGA shall be the Planning Board for the issuance of
special permits to construct and operate wind facilities.
Such evidence as a reasonable mind might accept as adequate
to support a conclusion.
All equipment, machinery and structures utilized in connection
with the conversion of wind to electricity. This includes, but is
not limited to, transmission, storage, collection and supply equipment,
support structure, foundations, generation equipment, substations,
transformers, service and access roads, and one or more wind turbines.
A wind facility with a rated nameplate capacity of over 25
kilowatts.
A wind facility located on Town-owned property which is designed
to provide some portion of its electrical output for the use or benefit
of the Town and without regard to the ownership of the structure or
equipment. A third party may own and operate such facility. The Town
may benefit by utilizing a portion or all of the energy generated
by the facility and/or the sale of energy and RECS (renewable energy
certificates).
A wind project which is located at a commercial, industrial,
agricultural, institutional, or public facility that will consume
more than 50% of the electricity generated by the project on site
or at other community-owned facilities through virtual net metering
in accordance with the Green Communities Act of 2008.
A commercial wind facility where the primary use of the facility
is electrical generation to be sold to the wholesale or retail electricity
markets.
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.
A.
Special permit granting authority (SPGA).
(1)
No wind facility over 25 kilowatts of rated nameplate capacity shall be erected, constructed, installed or modified as provided in this article without first obtaining a permit from the SPGA. The construction of a wind facility shall be permitted in any zoning district subject to the issuance of a special permit and provided that the use complies with all requirements set forth in this section and §§ 325-16, 325-17 and 325-18. All such wind energy facilities shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts. No special permit shall be granted unless the SPGA finds in writing that:
(a)
The specific site is an appropriate location for such use;
(b)
The use is not expected to adversely affect the neighborhood;
(c)
There is not expected to be any serious hazard to pedestrians
or vehicles from the use;
(d)
No nuisance is expected to be created by the use; and
(e)
Adequate and appropriate facilities will be provided for the
proper operation of the use.
(2)
Such permits may also impose reasonable conditions, safeguards
and limitations and may require the applicant to implement all reasonable
measures to mitigate unforeseen adverse impacts of the wind facility,
should they occur.
(3)
Meteorological or wind monitoring towers shall be permitted
in all zoning districts subject to issuance of a building permit for
a temporary structure and subject to reasonable regulations concerning
the bulk and height of structures and determining yard size, lot area,
setbacks, open space, parking, and building coverage requirements.
B.
Compliance with laws, ordinances and regulations. The construction
and operation of all such proposed wind 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.
C.
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 personal injury to the public and loss of facilities
and structures occasioned by the failure of the facility.
D.
Site control. 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.
A.
Height. Wind energy conversion facilities shall be no higher than
300 feet above the natural grade. The height of all wind turbines
shall be measured to the highest point reached by the rotor blades.
The SPGA may allow this height to be exceeded to a maximum of 400
feet as part of the special permit process if the project proponent
can demonstrate that the additional height is needed, and that the
additional benefits of the higher tower outweigh any increased adverse
impacts, and satisfies all requirements of this bylaw. Monopole towers
are the preferred type of support for wind turbines.
B.
Setbacks.
(1)
Wind turbines shall be set back from the property line a minimum
distance equal to the overall height of the proposed wind turbine.
(2)
Setback waiver.
(a)
The SPGA may reduce the minimum setback distance as appropriate
based on site-specific considerations, if the project satisfies all
other criteria for the granting of a special permit under the provisions
of this article.
(b)
The SPGA may reduce minimum setback distances as appropriate
based on site-specific conditions and only after review of substantial
evidence, including but not limited to detailed engineering reports
or product engineering certification, which demonstrates that safety
concerns have been minimized and that setbacks have been complied
with to a reasonable extent. A request for a waiver from the setback
requirements should be supported by a letter from the abutting property
owner(s) whose land would be encroached on by the setback indicating
their acknowledgement and agreement to waive the setback requirement.
(c)
As part of a waiver request, the applicant shall be required
to provide evidence of liability insurance in an amount and for duration
sufficient to cover loss or damage to persons, structures, or property
occasioned by the failure of the facility, including but without limitation
coverage for adjacent properties.
A.
Color and finish. The SPGA shall have discretion over the wind facility
color, although a neutral, nonreflective exterior color designed to
blend with the surrounding environment is encouraged.
B.
Lighting and signage.
(1)
Lighting. Wind turbines shall be lighted only if required by
the Federal Aviation Administration. Lighting of other parts of the
wind 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. Signs on the wind facility shall comply with the requirements
of the Town's sign regulations[1] and shall be limited to:
(3)
Advertising. Wind turbines shall not be used for displaying
any advertising except for reasonable identification of the manufacturer
or operator of the wind energy facility.
(4)
Utility connections. Reasonable efforts shall be made to locate
utility connections from the wind 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 above ground if required by the
utility provider.
C.
Appurtenant structures. All appurtenant structures to such wind facilities
shall be subject to reasonable regulations concerning the bulk and
height of structures and determining yard sizes, 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 and shall be contained within the turbine
tower whenever technically and economically feasible. Structures shall
only be used for housing of equipment for this particular site. Whenever
reasonable, structures should be shaded from view by vegetation and/or
equipment located in an underground vault or within the base of the
support monopole. Structures shall be joined or clustered to avoid
adverse visual impacts.
D.
Support towers. Monopole towers are the preferred type of support
for the wind facilities.
A.
Emergency services. The applicant shall provide a copy of the project
summary and site plan to the local emergency services entity, as designated
by the SPGA. Upon request the applicant shall cooperate with local
emergency services in developing an emergency response plan.
B.
Unauthorized access. Wind turbines or other structures part of a
wind facility shall be designed to prevent unauthorized access.
C.
Shadow/flicker. Wind 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 through either siting or mitigation.
D.
Noise.
(1)
The wind facility and associated equipment shall conform to
the provisions of the Department of Environmental Protection's Division
of Air Quality Noise Regulations (310 CMR 7.10), unless the Department
and the SPGA agree that those provisions shall not be applicable.
A source of sound will be considered to be violating these regulations
if the source:
(2)
These criteria are measured both at the property line and at
the nearest inhabited residence. "Ambient" is defined as the background
A-weighted sound level that is exceeded 90% of the time measured during
equipment hours. The ambient may also be established by other means
with consent from DEP. An analysis prepared by a qualified engineer
shall be presented to demonstrate compliance with these noise standards.
The SPGA, in consultation with the Department, shall determine whether
such violations shall be measured at the property line or at the nearest
inhabited residence.
E.
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 facility and is otherwise prescribed
by applicable laws, regulations, and ordinances.
A.
Facility conditions. The applicant shall maintain the wind 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 facility and any
access road, 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 facility made
after issuance of the special permit shall require approval by the
SPGA as provided in this article.
A.
Removal requirements. Any wind facility which has reached the end
of its useful life or has been abandoned shall be removed. When the
wind facility is scheduled to be decommissioned, the applicant shall
notify the Town by certified mail of the proposed date of discontinued
operations and plans for removal. The owner/operator shall physically
remove the wind facility no more than 150 days after the date of discontinued
operations. At the time of removal, the wind facility site shall be
restored to the state it was in before the facility was constructed
or any other legally authorized use. More specifically, decommissioning
shall consist of:
(1)
Physical removal of all wind turbines, structures, equipment,
security barriers and transmission lines from the site.
(2)
Disposal of all solid and hazardous waste in accordance with
local and state waste disposal regulations.
(3)
Stabilization or revegetation of the site as necessary to minimize
erosion. The SPGA may allow the owner to leave landscaping or designated
below-grade foundations in order to minimize erosion and disruption
to vegetation.
B.
Abandonment. Absent notice of a proposed date of decommissioning,
the facility shall be considered abandoned when the facility fails
to operate for more than one year without the written consent of the
SPGA. The SPGA shall determine in its decision what proportion of
the facility is inoperable for the facility to be considered abandoned.
If the applicant fails to remove the wind facility in accordance with
the requirements of this section within 150 days of abandonment or
the proposed date of decommissioning, the Town shall have the authority
to decommission and dismantle the wind energy facility at the owner's
expense.
C.
Financial surety. The SPGA may require the applicant for utility-scale
wind facilities to 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 SPGA, 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 cost of living adjustment.
A.
A special permit issued for a wind facility shall be valid for 25
years, unless extended or renewed. The time period may be extended
or the permit renewed by the SPGA 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 SPGA
acts. At the end of that period (including extensions and renewals),
the wind facility shall be removed as required by this article.
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.
A.
Application procedures.
(1)
General. The application for a wind facility shall be filed
in accordance with the rules and regulations of the SPGA concerning
special permits.
(2)
Application. Each application for a special permit shall be
filed by the applicant with the city or town clerk pursuant to Section
9 of Chapter 40A of the Massachusetts General Laws.
B.
Required documents. The applicant shall provide the SPGA with 12
copies of the application. All plans and maps shall be prepared, stamped
and signed by a professional engineer licensed to practice in Massachusetts.
Included in the application shall be:
C.
Siting and design. The applicant shall provide the SPGA with a description
of the property which shall include:
(1)
Location map. 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;
however a copy of a zoning map with the parcel identified is suitable.
(2)
Site plan. A plan, one inch equals 200 feet, of the proposed
wind 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 buildings, including purpose (e.g.,
residence, garage, etc.), on site parcel and all adjacent parcels
within 500 feet. Include distances from the wind facility to each
building shown.
(c)
Location of all roads, public and private, on the site parcel
and adjacent parcels within 300 feet and proposed roads or driveways,
either temporary or permanent.
(d)
Existing areas of tree cover, including average height of trees,
on the site parcel and adjacent parcels within 300 feet.
(e)
Proposed location and design of wind facility, including all
turbines, ground equipment, appurtenant structures, transmission infrastructure,
access, fencing, exterior lighting, etc.
(3)
Visualizations. The SPGA shall select between three and six
sight lines, including from the nearest building with a view of the
wind 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 facility.
View representations shall have the following characteristics:
(a)
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 facility (e.g., superimpositions
of the wind facility onto photographs of existing views).
(b)
All view representations will include existing, or proposed,
buildings or tree coverage.
(c)
Include description of the technical procedures followed in
producing the visualization (distances, angles, lens, etc.).
D.
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.
E.
Operation and maintenance plan. The applicant shall submit a plan
for maintenance of access roads and stormwater controls, as well as
general procedures for operational maintenance of the wind facility.
F.
Compliance documents. If required under previous sections of this
bylaw, the applicant will provide with the application:
(3)
Certification of height approval from the FAA.
G.
Independent consultants. Upon submission of an application for a
special permit, the SPGA will be authorized to hire outside consultants,
pursuant to Section 53G of Chapter 44 of the Massachusetts General
Laws. As necessary, the applicant may be required to pay not more
than 50% of the independent consultant's costs.
