CLEAR AREA
Area surrounding a wind turbine to be kept free of residences or places of business as determined by the Special Permit Granting Authority. See §
375-41.3C(2)(b).
COMMERCIAL-SIZE WECF
A wind energy conversion facility (WECF) having a rated electrical
power output greater than 10 kilowatts, other than a Municipal WECF
as defined below.
FLICKER
The effect of moving, periodic shadows cast on a residence
or place of business by the rotating blades of a WECF at those times
when the sun is shining and is aligned with the WECF and a residence
or place of business.
HAWT
Horizontal-axis wind turbine.
HUB HEIGHT
The height of a HAWT measured vertically from the natural
grade at the base of the tower to the centerline of the rotor.
MUNICIPAL WECF
A wind energy conversion facility (WECF) located on Town-owned property designed to provide at least 50% of its electrical output, or of the value thereof, for the use or benefit of the Town of Dartmouth and without regard to the ownership of the structure or equipment. (Municipal WECFs are not covered by this Bylaw; see Article
42 of the Zoning Bylaws.)
NACELLE
The frame and housing at the top of a HAWT tower that encloses
the gearbox, generator, and other accessories, and protects them from
the weather.
RESIDENTIAL-SIZE WECF
A wind energy conversion facility (WECF) having a rated electrical power output less than or equal to 10 kilowatts, other than a Municipal WECF as defined above. (Not covered by this Bylaw; see Article
40.)
ROTOR
The blades and hub of the wind turbine that rotate during
turbine operation.
SHADOWING
The shadow cast on a residence or place of business by a
WECF, whether the WECF is in operation or not.
SPECIAL PERMIT GRANTING AUTHORITY (SPGA)
The Special Permit Granting Authority (SPGA) for the Town
of Dartmouth shall be the Select Board of the Town and shall have
the authority to issue Special Permits for wind energy conversion
facilities.
TECHNICAL RESEARCH GROUP (TRG)
The group designated in §
375-41.8A of this Bylaw with the authority to review applications for Special Permits for wind energy conversion facilities and to make recommendations on such applications to the SPGA.
TOTAL HEIGHT
The height of a HAWT measured from the natural grade at the
base of the tower to the tip of a blade at its highest point, or the
maximum height of a vertical-axis wind turbine (VAWT).
TOWER
The structure that supports the turbine, rotor, generator,
and accessory equipment. The tower may be a monopole or lattice design,
with or without guy wires depending on the height and other factors.
VAWT
Vertical-axis wind turbine; sometimes called a Darrieus-type
wind turbine.
WECF-SETBACK
The distance measured at grade from the center of the base
of the tower to the nearest property line.
WIND ENERGY CONVERSION FACILITY (WECF)
All equipment, machinery and structures used in connection
with the conversion of wind energy to electricity. This includes,
but is not limited to, all transmission, storage, collection and supply
equipment, substations, network of cabling, transformers, site-access
and service roads, and machinery associated with equipment. A wind
energy conversion facility may consist of one or more wind turbines.
WIND TURBINE
Any electromechanical device that converts kinetic energy
of the wind into rotational energy to turn an electrical generator
shaft. Wind turbine facilities usually consist of a horizontal-axis
rotor, nacelle and supporting tower (HAWTs). Both HAWTs and VAWTs
of commercial size are covered by this Bylaw.
The SPGA shall only grant a Special Permit for a commercial
WECF if it finds that the proposal complies with the provisions of
this bylaw or has explicitly been granted waivers from those provisions.
Furthermore, the SPGA may impose additional conditions, as appropriate,
to promote the general purposes and intent of this Bylaw and the Zoning
Bylaws.
A. General. Proposed WECFs shall be consistent with all applicable Town,
state and federal requirements, including, but not limited to, all
applicable electrical, construction, noise, safety, environmental
and communications requirements. The provisions of this bylaw are
intended to insure that all proposed WECFs shall not be detrimental
to adjacent land uses, and shall not pose a hazard to the general
health, safety or welfare of the community.
B. Visual impact. The applicant shall minimize any impact on the visual
character of surrounding neighborhoods and the community by painting
the WECF a non-reflective color that blends with the surroundings.
C. Equipment shelters. All equipment necessary for monitoring and operation
of the WECF should be secured within the wind turbine tower or base.
If this is infeasible, ancillary equipment may be located outside
the tower or base, provided such equipment is either contained within
an underground vault, enclosed within a separate structure, or hidden
behind a year-round landscape or vegetated buffer.
D. Lighting and signage. Unless required by the Federal Aviation Administration
(FAA), wind turbines shall not be lighted on a continuous basis. Lighting
of equipment, structures, and any other facilities on site (except
lighting required by the FAA) shall be shielded from abutting properties.
The WECF shall be free of all company logos, advertising, and similar
promotional markings. Signs on the facility shall be limited to those
needed to warn of any danger; and educational signs providing information
on the technology. All signs shall comply with the requirements of
the Town's sign regulations.
E. Noise. The WECF shall conform to Massachusetts noise regulation 310
CMR 7.10. This Bylaw incorporates the Noise Level Policy established
by the Massachusetts Department of Environmental Protection for implementing
this regulation. The policy specifies that the ambient sound level,
measured at the property line of the facility or at the nearest inhabited
buildings, shall not be increased by more than 10 decibels weighted
for the "A" scale or 10 dB(A) due to the sound from the facility during
its operating hours.
F. Wetlands. WECFs shall be sited in a manner consistent with all applicable
local and state wetlands regulations. Wetland buffer areas may be
used for the purposes of providing a clear area, if applicable.
G. Land clearing/open space/rare species. WECFs shall be designed to
minimize land clearing and fragmentation of open space areas and shall
avoid permanently protected open space when feasible. Wind turbines
should be sited to make use of previously developed areas wherever
possible. WECFs shall also be sited in a manner that does not have
significant negative impacts on rare species in the vicinity (including
but not limited to avian species, bats, etc.).
H. Stormwater. Stormwater run-off and erosion control shall be managed
in a manner consistent with all applicable state and local regulations.
I. Shadowing/flicker. WECFs shall be sited in a manner that does not
result in significant shadowing or flicker impacts. The proponent
has the burden of demonstrating that this effect will not have significant
adverse impact through the use of computer modeling and simulation
of the seasonal variations of the shadows and flicker effects.
J. Safety standards. No hazardous materials or waste shall be discharged
on the site of any WECF. If any hazardous materials or wastes are
to be used on site, the Special Permit shall incorporate provisions
for full containment of such materials or waste. An enclosed containment
area, designed to contain at least 110% of the volume of the hazardous
materials or waste stored or used on the site may be required to meet
this requirement. The WECF shall also be designed to prevent unauthorized
access (for example, by construction of a fenced enclosure or locked
access, anti-climbing provisions, etc.).
K. Use by telecommunications carriers. WECFs having a rated power of
at least 250 kilowatts and a hub height of at least 165 feet (50 meters)
may be used as hosts for telecommunications antennas, subject to applicable
regulations governing such uses, and subject to the following requirements:
(1)
All ground-mounted telecommunications equipment shall be located
in either a secured shelter, within the wind turbine tower or otherwise
hidden from view year-round either through effective landscaping or
existing natural vegetated buffers;
(2)
Antennas shall be flush-mounted to be in keeping with the design
of the wind turbine tower; and
(3)
All cabling associated with the wireless facilities and equipment
shall be secured within the tower structure or enclosed within a conduit
painted to match the turbine mount.
L. Underground utilities. All electrical connections from the WECF,
including any associated substations, to either the point of use for
the electricity or to the grid shall be made via underground conduits.
All modifications to a WECF made after issuance of the Special
Permit shall require prior approval by the SPGA.
Once a Special Permit for a commercial WECF has been approved,
the applicant shall duly record a copy of the Special Permit with
the Bristol County Registry of Deeds. All subsequent deeds to the
property shall refer to the Special Permit and incorporate it by reference.
All conditions under which the Special Permit was originally granted
shall be binding on all successive owners of the property. In the
event of a transfer of ownership, the original owner shall notify
the Chief Executive Officer of the town by certified U.S. mail of
the transfer of ownership within 30 days of the transaction.
The provisions of this Bylaw are severable. If any provision
of this Bylaw is held invalid, the other provisions shall not be affected
thereby. If the application of this Bylaw or any of its provisions
to any person or circumstance is held invalid, the application of
this Bylaw and its provisions to other persons and circumstances shall
not be affected thereby.