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.
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.
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.
