Unless otherwise specifically provided, or unless clearly required
by the context, the words and phrases defined in this section shall
have the meaning indicated when used in this article.
CLEAR AREA
The distance from the lowest point of the blade tip to the
ground.
HEIGHT
Height is measured from the grade at the base of the wind
energy facility tower to its highest point, which shall include the
tip of the rotating blade at its highest point.
MODIFICATION
Any change to the small wind energy system that materially
alters the size, type or location of the small wind energy system.
Like-kind replacements shall not be construed to be a modification.
RATED NAMEPLATE CAPACITY
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
The visible flicker effect when rotating blades of the wind
generator cast shadows on the ground and nearby structures causing
a repeating pattern of light and shadow.
SMALL WIND ENERGY FACILITY
A wind energy conversion system consisting of a wind generator,
a tower, and associated control or conversion electronics, which has
a rated nameplate capacity of 60 kilowatts or less and will be used
primarily for onsite consumption.
SPECIAL PERMIT GRANTING AUTHORITY (SPGA)
The special permit granting authority for permission to install
a WEF shall be the Community Planning Commission of the Town of North
Reading for this section of the Zoning Bylaw.
UTILITY SCALE WIND ENERGY FACILITY
A commercial wind energy facility, where the primary use
of the facility is electrical generation to be sold to the wholesale
electricity markets.
WIND ENERGY FACILITY (WEF)
A wind energy facility (WEF) is any utility scale wind energy
facility, wind energy conversion system (windmill), small wind energy
facility, or wind monitoring or meteorological tower (test or met
tower), including all related infrastructure, equipment, machinery
and structures utilized in connection with the conversion of wind
to electricity. This includes, but is not limited to, electrical lines
and substations, and accessory structures, all transmission, storage,
collection and supply equipment, substations, transformers, site access,
service roads and machinery associated with the use. A wind energy
facility may consist of one or more wind turbines.
WIND MONITORING OR METEOROLOGICAL (TEST OR MET) TOWER
A temporary tower equipped with devices to measure wind speed
and direction, to determine how much electricity a wind energy facility
can be expected to generate. Includes the tower, base plate, anchors,
guy wires and hardware, anemometers (wind speed indicators), wind
direction vanes, booms to hold equipment for anemometers and vanes,
data loggers, instrument wiring, and any telemetry devices that are
used to monitor or transmit wind speed and wind flow characteristics
over a period of time for either instantaneous wind information or
to characterize the wind resource at a given location.
WIND TURBINE
A device that converts kinetic energy of the wind into rotational
energy to drive an electrical generator. A wind turbine typically
consists of a tower, nacelle body, and a rotor with two or more blades.
A special permit application for a WEF must include the following
information:
A. Pre-application conference. Prior to the submission of an application
for a special permit under this regulation, the applicant is strongly
encouraged to meet with the SPGA at a public meeting in an informal
capacity to discuss the proposed WEF in general terms and to clarify
the filing requirements.
B. Pre-application conference filing requirements. The purpose of the
conference is to inform the SPGA as to the preliminary nature of the
proposed WEF. As such, no formal filings are required for the pre-application
conference. However, the applicant is encouraged to prepare sufficient
preliminary architectural and/or engineering drawings to inform the
SPGA of the location of the proposed WEF facility, as well as its
scale and overall design.
C. General filing requirements. All plans and maps shall be prepared,
stamped and signed by a professional engineer licensed to practice
in the Commonwealth of Massachusetts.
D. Required documents:
(1)
The project proponent shall provide the following documents:
(a)
Original signatures are required for the applicant and all co-applicants
applying for the special permit. If an agent represents the applicant
or co-applicant, an original signature authorizing the agent to represent
the applicant and/or co-applicant is required. Photo reproductions
of signatures will not be accepted. All other filing requirements
in the Town of North Reading Zoning Bylaw and the Town of North Reading
Site Plan and Subdivision Rules and Regulations as applicable must
be complied with.
(b)
Signature, license number, and/or seal of the preparer of the
plan, and of every engineer, architect, land surveyor, and soil scientist
whose professional seal appears on the plan.
(c)
Project name, description of project (including existing and
proposed uses); the project location, the date the plan was prepared,
each revision date with notation of what the revision was; north arrow,
scale of the plan.
(d)
Names and addresses of abutting land owners and of every holder
of conservation, preservation, or agricultural restriction affecting
the site or land abutting the site.
(e)
Zoning district for the site and for abutting properties.
(f)
Schedule of zoning requirements, such as lot area, frontage,
setbacks, etc.
(2)
Location filing requirements:
(a)
Identify the subject property by including the name of the nearest
road or roads, street address, and Assessors Map and Parcel Number
of subject property.
(b)
Identify the zoning district designation for the subject parcel.
Submit a copy of Town Zoning Map with parcel identified.
(c)
A locus map at a scale of 1" = 1500' showing the subject property
and all properties within 300 feet and the location of all buildings,
including accessory structures, on all properties shown.
(d)
A map showing the other preexisting and approved WEFs in North
Reading and outside of North Reading within one mile of its boundary.
(3)
Siting filing requirements. A one-inch-equals-40 feet plan prepared
by a registered professional engineer in the State of Massachusetts
showing the following:
(a)
Property lines for the subject property.
(b)
Property lines of all properties within 300 feet of the proposed
location.
(c)
Tree cover on the subject property and all properties directly
abutting the subject property, by dominant species and average height.
(d)
Outline of all existing buildings, including purpose (e.g. residential
buildings, garages, accessory structures, etc.) on subject property
and all properties adjacent to the subject property.
(e)
Proposed location of WEF, antenna, mount and equipment shelter(s).
(f)
Proposed security barrier, indicating type and extent as well
as point of controlled entry.
(g)
Location of all roads, public and private, on the subject property
and within 300 feet of the subject property, including driveways.
(h)
Distances, at grade, from the proposed WEF to each building
on the vicinity plan.
(i)
Contours at each 2 feet AMSL for the subject property and adjacent
properties within 300 feet.
(j)
All proposed changes to the subject property, including grading,
vegetation removal and temporary or permanent roads and driveways.
(k)
Representations, dimensioned and to scale, of the proposed WEF,
including mount antennas, equipment shelters, cable runs, parking
areas and any other construction or development attendant to the WEF.
(l)
Lines representing the sight line showing viewpoint (point from
which view is taken) and visible point (point being viewed) from "sight
lines" subsection below.
(m)
Location of all wetlands on the subject property and within
100' of the proposed facility as approved by the Conservation Commission.
(n)
WEFs that will be connected to the power grid shall include
a copy of the approval for interconnection issued by the electric
utility provider.
[Amended 10-7-2013 OTM
by Art. 18, approved 11-12-2013]
(o)
Electrical components in sufficient detail to allow for a determination
that the manner of installation conforms to the MA State Building
Code.
(4)
Sight lines and photographs as described below:
(a)
Sight line representation. A sight line representation shall
be drawn from any public road within 300 feet and the closest facade
of each residential building (viewpoint) within 300 feet to the highest
point (visible point) of the WEF. Each sight line shall be depicted
in profile, drawn at one-inch equals 40 feet scale. The profiles shall
show all intervening trees and buildings.
(b)
Preexisting condition photographs. Each sight line shall be
illustrated by one four-inch by six-inch color photograph of what
can currently be seen from any public road and any residential building
within 300 feet.
(c)
Proposed condition photographs. Prepared by superimposing the
proposed WEF on each of the preexisting condition photographs. The
photographic superimpositions shall be provided for the antennas,
mounts, equipment shelters, cables as well as cable runs, and security
barrier, if any, for the total height, width and breadth.
[Amended 10-7-2013 OTM
by Art. 18, approved 11-12-2013]
(d)
Siting elevations or views at-grade from the north, south, east
and west for a 50-foot radius around the proposed WEF plus from all
preexisting public and private roads that serve the subject property.
Elevations shall be at either one-quarter inch equals one foot or
one-eighth inch equals one foot scale and show the following:
[Amended 10-7-2013 OTM
by Art. 18, approved 11-12-2013]
[1]
Antennas, mounts and equipment shelter(s), with total elevation
dimensions and average ground level (AGL) of the highest point. All
future proposed antennas, mounts and equipment shelters if any must
be shown in order to be included in the special permit.
[2]
Security barrier. If a security barrier is proposed and will
block views of the WEF, the barrier drawing shall be cut away to show
the view behind the barrier.
[3]
Any and all structures on the subject property.
[4]
Preexisting trees and shrubs at current height and proposed
trees and shrubs at proposed height at time of installation, with
approximate elevations dimensioned.
[5]
Grade changes, or cuts and fills, to be shown as original grade
and new grade line, with two-foot contours AMSL.
(5)
Design filing requirements:
(a)
Equipment brochures for the proposed WEF such as manufacturer's
specifications or trade journal reprints shall be provided for the
WEF, antennas, mounts, equipment shelters, cables as well as cable
runs, and security barrier, if any. Specifications shall include manufacturer,
model, rotor diameter, tower height, tower type, and nameplate generation
capacity, as applicable.
(b)
Materials of the proposed WEF specified by generic type and
specific treatment. These shall be provided for the antennas, mounts,
equipment shelters, cables as well as cable runs, and security barrier,
if any.
[Amended 10-7-2013 OTM
by Art. 18, approved 11-12-2013]
(c)
Colors of the proposed WEF represented by a color board showing
actual colors proposed. Colors shall be provided for the antennas,
mounts, equipment shelters, cables as well as cable runs, and security
barrier, if any.
(d)
Dimensions of the WEF specified for all three directions: height,
width and breadth. These shall be provided for the antennas, mounts,
equipment shelters and security barrier, if any.
(e)
Landscape plan including preexistent trees and shrubs and those
proposed to be added, identified by size of specimen at installation
and species.
(f)
During the public hearing process the applicant shall schedule
with the SPGA a balloon or crane test at the proposed site, at the
expense of the applicant, to illustrate the height of the proposed
WEF.
(g)
If lighting on the site is required by the FAA, the applicant
shall submit a manufacturer's computer generated point-to-point printout,
indicating the horizontal foot-candle levels at grade, within the
property to be developed and twenty-five (25) feet beyond property
lines. The printout shall indicate the locations and types of luminaries
proposed.
(6)
Noise filing requirements: The applicant shall provide a statement
listing the preexisting and maximum future projected measurements
of noise from the proposed WEF, measured in decibels Ldn (common logarithmic
scale, accounting for greater sensitivity at night), for the following:
(a)
Preexisting or ambient: the measure of preexisting noise.
(b)
Preexisting plus proposed WEF facilities: maximum estimate of
noise from the proposed WEF plus the preexisting noise environment.
(c)
Such statement shall be certified and signed by an acoustical
engineer, stating that noise measurements are accurate and meet the
requirements of this section of the Zoning Bylaw.
(7)
Federal environmental filing requirements:
(a)
At the time of application filing, a copy of each environmental
assessment (EA) required and approved by the FCC.
(b)
The applicant shall list location, type and amount (including
radiation trace elements) of any materials proposed for use within
the WEF that are considered hazardous by the federal, state or local
government.
(8)
Waiver. The SPGA may waive one or more of the application filing
requirements of this section if it finds that such information is
not needed for a thorough review of a small WEF.
An applicant must comply with the below criteria in order to obtain a WEF special permit, in addition to those criteria set forth in §
200-28 of this bylaw, as those criteria may be amended from time to time:
A. Design standards.
(1)
Visual impact. The proponent shall demonstrate through project
siting and proposed mitigation that the wind energy facility minimizes
any impact on the visual character of surrounding neighborhoods and
the community. This may include, but not be limited to, information
regarding site selection, turbine design, buffering, and lighting.
All electrical conduits shall be underground. All applicants shall
use measures to reduce the visual impact of WEFs to the maximum extent
possible. WEFs shall use tubular towers.
(2)
Color. The color of the WEFs shall either be the stock color
from the manufacturer or painted with a non-reflective, unobtrusive
color that blends in with the surrounding environment. Approved colors
include but are not limited to white, off-white or gray.
(3)
Equipment shelters. All equipment necessary for monitoring and
operation of the WEF should preferably be contained within the turbine
tower. If this is infeasible, ancillary equipment may be located outside
the tower, provided it is contained either within an underground vault,
or enclosed within a separate structure or behind a year-round landscape
or vegetated buffer.
(4)
Lighting and signage. WEFs shall be lighted only if required
by the Federal Aviation Administration (FAA). The proponent shall
provide a copy of the FAA's determination to establish the required
markings and/or lights for the structure.
[Amended 10-7-2013 OTM
by Art. 18, approved 11-12-2013]
(5)
Lighting of equipment structures and any other facilities on
site (except lighting required by the FAA) shall be shielded from
abutting properties.
(6)
No signage allowed. No advertising signs, lettering, company
insignia, advertising or graphics are allowed on any part of the WEF,
including fencing and support structures.
(7)
Guy wires are prohibited.
B. Environmental standards.
(1)
Noise: Except during short term events such as high windstorms
or utility outages, noise from the proposed wind turbine shall not
exceed 60 dba as measured from the nearest property line. This standard
must be demonstrated by the applicant through scientific analysis
to the satisfaction of the SPGA.
(a)
Upon complaint of an abutter once a WEF is in operation, the
Building Inspector may require the permit holder to obtain and submit
appropriate sound measurements. In the event of an appeal of the Building
Inspector's decision concerning compliance with the sound requirements,
the Board of Appeals may engage an engineer to review the measurements
taken by the permit holder, and to take such other sound measurements
as are appropriate, with the costs of such work on behalf of the Board
being borne by the permit holder in the event the measurements indicate
non-compliance.
(2)
Shadowing/flicker: WEFs shall be sited in a manner that does
not result in shadowing or flicker impacts with a significant adverse
impact on neighboring or adjacent uses. The proponent has the burden
of demonstrating no such adverse impact either through siting or mitigation.
(3)
Safety standards.
(a)
No hazardous materials or waste shall be discharged on the site
of any WEF. If any hazardous materials or wastes are to be used on
site, there shall be provisions for full containment of such materials
or waste;
(b)
Climbing access to tower shall be limited by placing climbing
apparatus no lower than 10 feet from the ground.
(c)
The clear area shall be no less than 10 feet.
(d)
The wind turbine shall conform to FAA safety standards, as amended.
It is unlawful for any person to construct, install, or operate
a WEF that is not in compliance with this bylaw. WEFs installed prior
to the adoption of this bylaw are exempt from this bylaw, provided
that any change, extension, reconstruction, or alteration of such
WEF shall be subject to this bylaw.
Any person who fails to comply with any provision of this bylaw
or a building permit issued pursuant to this bylaw shall be subject
to enforcement and penalties as allowed by MGL c. 40A, § 7.