This Part 10 applies to all utility-scale and on-site wind facilities
proposed to be constructed after the effective date of this Part 10.
This Part 10 also pertains to physical modifications to existing wind
facilities that materially alter the type, configuration, location
or size of such facilities or related equipment.
As used in this Part 10, the following terms shall have the
meanings indicated:
CRITICAL ELECTRIC INFRASTRUCTURE (CEI)
Electric utility transmission and distribution infrastructure,
including but not limited to substations, transmission towers, transmission
and distribution poles, supporting structures, guy wires, cables,
lines and conductors operating at voltages of 13.8 kV and above and
associated telecommunications infrastructure. CEI also includes all
infrastructure defined by any federal regulatory agency or body as
transmission facilities on which faults or disturbances can have a
significant adverse impact outside of the local area, and transmission
lines and associated equipment generally operated at voltages of 100
kV or higher, and transmission facilities which are deemed critical
for nuclear generating facilities.
HEIGHT
The height of a wind facility measured from natural grade
to the tip of the rotor blade at its highest point, or blade-tip height.
This measure is also commonly referred to as the "maximum tip height"
(MTH).
WIND FACILITY
All of the equipment, machinery and structures together utilized
to convert wind to electricity. This includes, but is not limited
to, developer-owned electrical equipment, storage, collection and
supply equipment, service and access roads, and one or more wind facilities.
WIND MONITORING OR METEOROLOGICAL TOWER
A temporary tower equipped with devices to measure wind speed
and direction, to determine how much electricity a wind facility can
be expected to generate.
Documentation requirements may be waived at the discretion of
the Planning Board.
The applicant shall submit documentation of actual or prospective
access and control of the project site sufficient to allow for installation
and operation of the proposed wind facility. Control shall include
the legal authority to prevent the use or construction of any structure
for human habitation, or inconsistent or interfering use, within the
setback areas.
A building permit shall be required for stand-alone temporary
MET towers. A special permit shall not be required for MET towers.
MET towers shall not be located within the setback distance from the
side line of any utility ROW.
All material modifications to a wind facility made after issuance
of the required building permit shall require approval by the special
permit granting authority.
Absent notice of a proposed date of decommissioning or written
note of extenuating circumstances, the wind facility shall be considered
abandoned when the facility fails to operate for more than one year
without the written consent of the special permit granting authority.
If the applicant fails to remove the facility in accordance with the
requirements of this Part 10 within 150 days of abandonment or the
proposed date of decommissioning, the Town may enter the property
and physically remove the facility.