A.
The purpose of this bylaw is to provide standards for the placement,
design, construction, operation, monitoring, modification and removal
of wind facilities that address public safety, minimize impacts on
scenic, natural and historic resources and to provide adequate financial
assurance for the eventual decommissioning of such facilities.
B.
The provisions set forth in this bylaw shall take precedence over
all other bylaws when considering applications related to the construction,
operation, and/or repair of land-based wind facilities.
C.
No wind facilities shall be placed, constructed or modified within
the Town without first obtaining approval from the special permit
granting authority (SPGA). The Planning Board shall be the special
permit granting authority for the issuance of a special permit to
allow the placement, construction and modification of wind facilities
within the Town. This bylaw is intended to be used in conjunction
with other regulations adopted by the Town, and other zoning and general
bylaws designed to encourage appropriate land use, environmental protection,
preservation of the rural character, and the provision of adequate
infrastructure development in North Andover.
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:
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.
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).
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.
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.
A.
The construction and operation of all such proposed wind 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.
B.
A special permit for the construction of wind facilities designed to service the principal use may be granted by the Planning Board in all zoning districts, subject to the following requirements and the special permit provisions of § 195-10.7.
C.
All plans and maps shall be prepared, stamped and signed by a professional
engineer licensed to practice in Massachusetts.
D.
The application shall contain the following documents:
(1)
A site plan showing the following information:
(a)
Property lines and physical dimensions of the site parcel and
adjacent parcels within 500 feet of the site parcel;
(b)
Outline of all existing buildings, including purpose (e.g.,
residence, garage, etc.), on the site parcel and all adjacent parcels
within 500 feet of the site parcel, including distances from the wind
facility to each building shown;
(c)
Location of the proposed tower, foundations, guy anchors, access
roads, and associated equipment;
(d)
Zoning designation for the parcel;
(e)
Location of all existing and proposed roads, both public and
private, and including temporary roads or driveways, on the site parcel
and adjacent parcels within 500 feet of the site parcel;
(f)
Location of all existing above-ground or overhead gas or electric
infrastructure, including critical electric infrastructure, and utility
rights-of-way (ROW) and easements, whether fully cleared of vegetation
or only partially cleared, within 500 feet of the site parcel;
(g)
Existing areas of tree cover, including average height of trees,
on the site parcel and any adjacent parcels within a distance, measured
from the wind facility foundation, of 3.0 times the MTH;
(h)
Location of all wetlands on the parcel;
(i)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting (other than FAA lights),
screening vegetation or structures;
(2)
Documentation of the wind facility's manufacturer and model,
rotor diameter, tower height, tower type (freestanding or guyed),
and foundation type/dimensions;
(3)
Name, address, phone number and signature of the applicant,
as well as all co-applicants or property owners, if any;
(4)
The name, contact information and signature of any agents representing
the applicant;
(5)
An operations and maintenance plan for the wind facility;
(6)
A construction plan indicating manufacturer's specifications
for the tower materials, construction details and details for footing
and guying;
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.
A.
No tower, inclusive of its appurtenant device(s), shall exceed 150
feet in height or be erected nearer to any property line than a distance
equal to 10 times the blade diameter, unless the Board determines
such restriction to be unnecessary due to the shape, topography, use
or ownership of the abutting property and the Board determines that
a reduction to this setback requirement will not substantially derogate
from the intent or purpose of this section.
B.
Wind facilities shall be lighted only if required by the FAA. Lighting
of other parts of the wind facility, such as appurtenant structures,
shall be limited to that required for safety and operational purposes,
and shall be reasonably shielded from abutting properties. Except
as required by the FAA, lighting of the wind facility shall be directed
downward and shall incorporate full cut-off fixtures to reduce light
pollution.
C.
Signs on wind facilities shall comply with the Town's sign bylaw.[1] The following signs shall be required:
(1)
Those necessary to identify the owner, provide a twenty-four-hour
emergency contact phone number, and warn of any danger.
(2)
Educational signs providing information about the facility and
the benefits of renewable energy.
[1]
Editor's Note: See Art. 6, Signs and Sign Lighting Requirements.
D.
Wind facilities shall be erected in such a manner as to inhibit unauthorized
access, either in the form of a suitable locked gate and fence surrounding
the base of the tower, a nonclimbable section of tower to a height
of 10 feet above the ground or other means determined suitable by
the Board.
E.
Reasonable efforts, as determined by the special permit granting
authority, shall be made to place all developer-owned utility connections
from the wind facility underground, depending on appropriate soil
conditions, shape, and topography of the site and any requirements
of the utility provider. Utility-owned electrical equipment required
for utility interconnections may be above ground, if required by the
utility provider.
F.
All appurtenant structures to wind facilities shall be subject to
applicable regulations concerning the bulk and height of structures,
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 architecturally compatible with each other and contained within
the wind facility tower whenever technically and economically feasible.
Whenever reasonable, structures should be shaded from view by vegetation
and/or located in an underground vault and joined or clustered to
avoid adverse visual impacts.
G.
A wind facility may not be sited within:
(1)
A distance equal to 10 times the blade diameter of the wind
facility from buildings, critical infrastructure, including critical
electric infrastructure and above-ground natural gas distribution
infrastructure, or private or public ways that are not part of the
wind facility;
(2)
A distance equal to 10 times the blade diameter of the wind
facility from the nearest existing residential or commercial structure.
H.
Wind 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.
A.
The applicant shall maintain the wind facility in good condition.
Maintenance shall include, but not be limited to, painting, structural
repairs, emergency braking (stopping) and integrity of security measures.
Site access shall be maintained to a level acceptable to the local
Fire Chief and Emergency Medical Services. The project owner shall
be responsible for the cost of maintaining the wind facility and any
access road(s), unless accepted as a public way.
B.
The operation of any facility authorized by the Board shall not cause
interference to neighboring television and radio reception, and, if
such occurs any time after installation, the applicant shall, in a
timely manner and at his expense, correct the cause of the interference
as determined by a qualified engineer/technician.
C.
The operation of the wind facility shall not exceed 30 dB as measured
at the applicant's property lines, and, if such excess noise occurs
any time after installation, the applicant shall, in a timely manner
and at his expense, correct the cause of the noise as determined by
a qualified engineer/technician.
D.
The applicant shall maintain the facility and all devices authorized
by the Board in a manner that ensures its continued performance and
safety. It shall be the responsibility of the applicant to annually
inform (in writing) the Inspector of Buildings that the tower and
all devices are in good operating condition and in continued use.
E.
The applicant shall provide a copy of the project summary, electrical
schematic, and site plan to the Police and Fire Departments, and/or
the local emergency services entity designated by the local government,
as well as the local electrical utility company. Upon request, the
applicant shall cooperate with local emergency services in developing
an emergency response plan. All means of disconnecting the wind facility
shall be clearly marked. The applicant or facility owner shall identify
a responsible person for public inquiries or complaints throughout
the life of the project.
F.
Wind facilities shall be designed to prevent unauthorized access.
For instance, the tower shall be designed and installed so that step
bolts or other climbing features are not readily accessible to the
public and so that step bolts or other climbing features are not installed
below the level of eight feet above the ground. Electrical equipment
shall be locked where possible.
G.
Clearing of natural vegetation shall be limited to that which is
necessary for the construction, operation and maintenance of the wind
facility or otherwise prescribed by applicable laws, regulations,
and bylaws, and subject to existing easements, restrictions and conditions
of record.
All material modifications to a wind facility made after issuance
of the required building permit shall require approval by the special
permit granting authority.
A.
Any
wind facility which has reached the end of its useful life or has
been abandoned shall be removed. The owner/operator shall physically
remove the facility no more than 150 days after the date of discontinued
operations. The applicant shall notify the site plan review authority
by certified mail of the proposed date of discontinued operations
and plans for removal. Decommissioning shall consist of:
(1)
Physical removal of all wind facilities, structures, equipment,
security barriers and transmission lines from the site.
(2)
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations.
(3)
Stabilization or revegetation of the site as necessary to minimize
erosion. The special 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.
Applicants for utility-scale wind facilities shall provide a form
of surety, either through escrow account, bond or otherwise, to cover
the cost of removal or failure to maintain, in the event the Town
must maintain or remove the facility and remediate the landscape,
in 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 calculating increased removal costs due to inflation.
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.
