A. 
The purpose of this division is to provide for the construction and operation of wind energy facilities and to provide 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 City and provide adequate financial assurance for decommissioning said wind energy facilities. The provisions set forth in this division shall take precedence over all other divisions when considering applications related to the construction, operation, repair and/or decommissioning of wind energy facilities.
B. 
Applicability. This division applies to wind energy facilities proposed to be constructed after the effective date of this section. This division applies to all utility-scale, on-site wind facilities and small wind energy systems. This division also includes building-integrated wind systems and physical modifications to existing wind facilities that materially alter the type, configuration or size of such facilities or other equipment. This division does not apply to off-shore wind systems.
The following requirements are common to all wind energy facilities and must be followed in addition to the technology-specific applicable requirements throughout this division:
A. 
Exemptions. Wind turbines constructed, reconstructed or renovated for the primary purpose of commercial agriculture shall be considered a structure pursuant to MGL c. 40A, § 3 and, therefore, shall be exempt from this chapter.
B. 
A permit shall be granted unless the permit granting authority finds in writing that there is substantial evidence that:
(1) 
The specific site is not an appropriate location for such use;
(2) 
There is expected to be any serious hazard to pedestrians or vehicles from the use;
(3) 
A nuisance is expected to be created by the use; and
(4) 
Adequate and appropriate facilities will not be provided for the proper operation and maintenance of the use.
Technology
Permit Required
Small wind (and/or meteorological towers)
Building permit from Inspector of Buildings
Large wind (including utility-scale and/or on-site wind facilities)
Special permit from ZBA (and building permit from Inspector of Buildings)
Building-integrated
Special permit from ZBA (and building permit from Inspector of Buildings)
C. 
Compliance with laws, ordinances and regulations. 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.
D. 
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 failure of the facility.
E. 
Site control. At the time of its application for a special permit or a building 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.
F. 
Utility notification. No wind energy facility 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.
G. 
Temporary meteorological towers (met towers). Met towers shall be permitted under the same standards as a small wind energy system, except that the requirements apply to a temporary structure. A permit for a temporary met tower shall be valid for a maximum of three years, after which an extension may be granted by the Inspector of Buildings. Small anemometers installed directly on buildings shall not require a building permit or a special permit.
A. 
Appearance, color and finish. Federal Aviation Administration (FAA) consideration on color and appearance will be considered first. In the event that the proposed location is not in an area regulated by the FAA, the wind generator and tower shall remain painted or finished the nonreflective color or finish that was originally applied by the manufacturer, unless otherwise approved by the Zoning Board of Appeals.
B. 
Lighting. Wind turbines shall be lit only if required by the Federal Aviation Administration. Lighting of other parts of the small wind energy system, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties.
C. 
Signage and advertising. Signs and advertising shall be restricted to reasonable identification of the manufacturer or operator of the small wind energy facility, including a twenty-four-hour emergency contact phone number and any applicable danger warnings. Such signs and advertising shall defer to the requirements of the City sign regulations and other requirements set forth by the Zoning Board of Appeals and/or the Inspector of Buildings.
D. 
Utility connections. Reasonable efforts shall be made to locate utility connections from the wind energy facility underground, depending upon 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.
E. 
Appurtenant structures. All appurtenant structures to such wind energy 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 contained within the turbine tower whenever technically and economically feasible. Whenever reasonable, structures should be shaded from view by vegetation and/or located in underground vaults and joined or clustered to avoid adverse visual impacts.
F. 
Emergency services. The applicant shall provide a copy of the project summary, electrical schematic and site plan to the local emergency services entities, as designated by the permit granting authority. Upon request, the applicant shall cooperate with local emergency entities in developing an emergency response plan. All means of disconnecting the wind energy facility shall be clearly marked. 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.
G. 
Unauthorized access. Wind turbines or other structures part of a wind energy facility shall be designed to prevent unauthorized access. For instance, the tower shall be designed and installed so as not to 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 whenever possible.
H. 
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.
I. 
Sound. The wind energy 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 of Environmental Protection (DEP) and the permit granting authority agree that those provisions shall not be applicable. A source of sound will be considered to be in violation of these regulations if the source increases the broadband sound level by more than 10 dB(A) above ambient or produces a "pure tone" condition, which is when an 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 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 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, if required by the permit granting authority. The permit granting authority, in consultation with DEP, shall determine whether such violations shall be measured at the property line or at the nearest inhabited residence.
J. 
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 such activities shall be subject to all applicable local, state and federal regulations.
K. 
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 emergency entities. 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.
L. 
Modifications. All material modifications to a wind energy facility made after issuance of the permit(s) shall require approval by the permit granting authority as provided in this division.
A. 
Removal requirements. Any wind energy facility which has reached the end of its useful life or has been abandoned shall be removed. When the wind energy facility is scheduled to be decommissioned, the applicant shall notify the City 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 wind energy 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 permit granting authority 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 permit granting authority. The permit granting authority 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 energy facility in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the City shall have the authority to enter the property and physically remove the facility.
C. 
Expiration. A permit issued pursuant to this division shall expire if:
(1) 
The wind energy facility is not installed and functioning within 24 months from the date of issuance of the permit; or
(2) 
The wind energy facility is abandoned or otherwise out of service for a period of 12 months.
D. 
Violations. It is unlawful for any person to construct, install, or operate a wind energy system that is not in compliance with this division or with any condition contained in a permit issued pursuant to this chapter. Wind energy systems installed prior to the adoption of this chapter are exempt.
A. 
Building Inspector issued permit. No small wind energy system shall be erected, constructed, installed or modified as provided in this section without first obtaining a building permit from the Inspector of Buildings. All such wind energy systems shall be constructed and operated in a manner that, where economically feasible, minimizes adverse visual, safety and environmental impacts. The construction of a small wind facility shall be permitted in the following zoning districts: Industrial Park Districts (IP); Open Space/Recreational Districts (OS); and Water Resource Districts (WR), subject to the issuance of a permit and provided that the use complies with all requirements set forth in this division.
B. 
Height. Small wind turbines shall be no higher than 250 feet above the current grade of the land, as measured at the uppermost point of the rotor's sweep area. A small wind turbine may exceed 250 feet if: the applicant demonstrates by substantial evidence that such height reflects industry standards for a similarly sited wind facility; such excess height is necessary to prevent financial hardship to the applicant; and the facility satisfies all other criteria for the granting of a building permit under the provisions of this division.
C. 
Setbacks. Small wind turbines shall be set back a distance equal to the total height of the wind turbine from the nearest existing residential or commercial structure and 30 feet from the nearest property line and private or public way.
D. 
Setback waiver. The 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 permit under the provisions of this division.
E. 
Application process and requirements. A building permit shall be required for the installation of a small wind energy system.
F. 
Documents. The application for a building permit shall be accompanied by deliverables including the following:
(1) 
A plot plan showing:
(a) 
Property lines and physical dimensions of the subject property within two times the total height of the wind turbine from the proposed tower location.
(b) 
Location, dimensions, and types of existing major structures on the property and abutting properties.
(c) 
Location of the proposed wind system tower, foundations, guy anchors and associated equipment.
(d) 
The right-of-way of any public road that is contiguous with the property.
(e) 
Any overhead utility lines.
(f) 
Location and approximate height of tree cover.
(2) 
Wind system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed).
(3) 
One- or three-line electrical diagram detailing wind turbine, associated components, and electrical interconnection methods, with all NEC-compliant disconnect and overcurrent devices.
(4) 
Foundations for all towers must have blueprints or drawings signed by a professional engineer registered in the Commonwealth of Massachusetts.
(5) 
Name, address, phone number and signature of the applicant and the property owners, as well as all co-applicants or additional property owners, if any.
(6) 
Certification by a professional engineer registered in the Commonwealth of Massachusetts certifying that the structure can withstand winds of up to 125 miles per hour.
(7) 
The name, contact information and signature of any agents representing the applicant.
(8) 
A plan for maintenance of the small wind energy facility.
(9) 
Tower blueprints or drawings signed by a professional engineer registered in the Commonwealth of Massachusetts.
G. 
Fees. The application for a building permit for a wind energy system must be accompanied by the fee required for a building permit.[1]
[1]
Editor's Note: See Ch. A110, Fee Schedule.
Special permits shall be granted by the special permit granting authority for large wind energy facilities that meet the criteria outlined in this division. The construction of a large wind energy facility shall be permitted in the following zoning districts: Industrial Park Districts (IP); Open Space/Recreational Districts (OS); and Water Resource Districts (WR), subject to the issuance of a permit and provided that the use complies with all requirements set forth in this division.
A. 
Special permit granting authority. No wind energy facility over 100 kilowatts of rated nameplate capacity shall be erected, constructed, installed or modified as provided in this section without first obtaining a special permit from the special permit granting authority. The construction of a wind energy facility shall be permitted subject to the issuance of a special permit and provided that the use complies with all requirements set forth in this division. All such wind energy facilities shall, where economically feasible, be constructed and operated in a manner that minimizes adverse visual, safety and environmental impacts.
B. 
Financial surety. The special permit granting authority 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 City must remove the facility, of an amount and form determined to be reasonable by the special permit granting authority, 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.
C. 
Height. Large wind energy facilities shall be no higher than 450 feet above the current grade of the land, provided that wind facilities may exceed 450 feet if the applicant demonstrates by substantial evidence that such height reflects industry standards or manufacturer recommendations for a similarly sited wind facility; the applicant can demonstrate significant financial gain due to the additional height; and the facility satisfies all other criteria for the granting of a building permit under the provisions of this division.
D. 
Setbacks. Large wind turbines shall be set back a distance equal to 1.2 times the overall blade tip height of the wind turbine from the nearest existing residential or commercial structure and 50 feet from the nearest property line and private or public way.
E. 
Setback waiver. 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 under the provisions of this division.
F. 
Required supporting documentation. The applicant shall provide the special permit granting authority with a description of the proposed project which shall include:
(1) 
General. All plans and maps shall be prepared, signed and stamped by a professional engineer registered in the Commonwealth of Massachusetts. Included in the application shall be: name, address, phone number and signature of the applicant and property owners, as well as all co-applicants and additional property owners, if any.
(2) 
Technical documentation. The applicant shall, at a minimum, submit the following technical documentation regarding the proposed wind energy facility to the special permit granting authority:
(a) 
Wind energy facility technical specifications, including manufacturer and model, rotor diameter, tower height/type, foundation type/dimensions.
(b) 
Tower foundation blueprints or drawings signed by a professional engineer registered in the Commonwealth of Massachusetts.
(c) 
Tower blueprints or drawings signed by a professional engineer registered in the Commonwealth of Massachusetts.
(d) 
Electrical schematic.
(3) 
Location map for utility-scale projects. The applicant shall submit, to the special permit granting authority, 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 of the facility. Zoning district designation for the subject parcel should be included; however, a copy of the current Zoning Map identifying the subject parcel is suitable.
(4) 
Site plan. A plan with a scale of 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, include purpose (i.e., residence, garage, etc.), on the site parcel and all adjacent parcels within 500 feet. The plan shall 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 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, including average height of trees, on the site parcel and adjacent parcels within the setback distance of 1.2 times the blade tip height.
(e) 
Proposed location and design of wind facility, including all turbines, ground equipment, appurtenant structures, transmission infrastructure, access, fencing, and exterior lighting.
(f) 
Location of viewpoints, as referenced in this division.
(5) 
Visualizations for utility-scale projects. The special permit granting authority may select up to four sight lines, including from the nearest building with a view of the wind facility, for pre- and post-construction view representation. Sites for the view representations shall be selected from populated areas or public ways within a two-mile radius of the proposed wind energy 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 (i.e., 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.).
(6) 
Visualizations for on-site projects. The special permit granting authority may select up to three sight lines, including from the nearest building with a view of the wind facility, for pre- and post-construction view representation. Sites for the view representations shall be selected from populated areas or public ways within a two-mile radius of the proposed wind energy 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 (i.e., 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.).
(7) 
Operation and maintenance plan. The applicant shall submit a plan for maintenance of access roads and stormwater management controls, as well as general procedures for operational maintenance of the wind facility.
(8) 
Compliance documents. The applicant will provide with the application:
(a) 
Description of financial surety that satisfies the provisions of this section.
(b) 
Proof of liability insurance that satisfies the provisions of this section.
(c) 
Certification of height approval from the FAA.
(d) 
Statement that satisfies the provisions of this division, listing existing and maximum projected sound levels from the wind energy facility.
(9) 
Landscape plan for utility-scale projects only. 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 cut-off fixtures to reduce light pollution.
(10) 
Independent consultants for utility-scale projects only. Upon submission of an application for a special permit, the special permit granting authority will be authorized to hire outside consultants, pursuant to MGL c. 44, § 53G. There shall be an administrative appeal from the selection of the outside consultant to the City Council. The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum, required qualifications. The minimum qualifications shall consist either of an educational degree in or related to the field at issue or three or more years of practice in the field at issue or a related field. The required time limits for action upon an application by a municipal permit granting board shall be extended by the duration of the administrative appeal. In the event that no decision is made by the City Council within one month following the filing of the appeal, the selection made by the municipal permit granting authority shall stand. Such an administrative appeal shall not preclude further judicial review.
Special permits shall be granted by the special permit granting authority for building-integrated wind energy facilities that meet the criteria outlined in this division. The construction of a building-integrated wind energy facility shall be permitted in the following zoning districts: Industrial Park Districts (IP); Open Space/Recreational Districts (OS); and Water Resource Districts (WR), subject to the issuance of a permit and provided that the use complies with all requirements set forth in this division.
A. 
Special permit granting authority. No building-integrated wind energy facility shall be erected, constructed, installed or modified as provided in this section without first obtaining a special permit from the special permit granting authority. The construction of a building-integrated wind energy facility shall be permitted subject to the issuance of a special permit and provided that the use complies with all requirements set forth in this division. All such wind energy facilities shall, where economically feasible, be constructed and operated in a manner that minimizes adverse visual, safety and environmental impacts.
B. 
Required supporting documentation for building-integrated wind energy facilities. The special permit application submitted to the special permit granting authority shall, at a minimum, include:
(1) 
Analysis and design documents, completed by a structural engineer registered in the Commonwealth of Massachusetts, 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 must address vibration, wind load and ice load.
(2) 
Elevation drawings of building with building-integrated wind energy facility installed, viewed from north, south, east and west.
(3) 
Building schematic detailing point(s) of connection and associated supports for the building-integrated wind energy facility.
(4) 
Schematic of attachment method for connecting the building-integrated wind energy facility to the building.
(5) 
Specification sheets for wind turbine and all related components (inverters, controllers, disconnects, etc.).
(6) 
One- or three-line electrical diagram detailing wind turbine, associated components, and electrical interconnection methods, with all NEC-compliant disconnect and overcurrent devices.