No use shall be allowed if it will cause sound, noise, vibration, odor or flashing (except for warning devices, temporary construction, or maintenance work, parades, recreational or agricultural activities, or other special circumstances) perceptible without instruments more than 200 feet from the boundaries of the originating premises if in a non-residential district, or more than 40 feet from the boundaries of the originating premises if in a residential district, unless otherwise specified herein. However, the Board of Appeals may grant a special permit for an exception for activities not meeting these standards, in cases where the Board determines that no objectionable conditions are thereby created for the use of other affected properties.
Site design, materials, and construction processes shall be designed to avoid erosion damage, sedimentation, or uncontrolled surface water runoff by conformance with the following:
A.
Grading or construction which will result in final slopes of 15% or greater on 50% or more of lot area, or on 30,000 square feet or more on a single lot, even if less than half the lot area, shall be allowed only under special permit from the Planning Board, which shall be granted only upon demonstration that adequate provisions have been made to protect against erosion, soil instability, uncontrolled surface water runoff, or other environmental degradation. Applications and plans for such special permits shall be referred to the Conservation Commission for its advisory review.
B.
All slopes exceeding 15% which result from site grading or construction activities shall either be covered with topsoil to a depth of 4 inches and planted with vegetative cover sufficient to prevent erosion or be retained by a wall constructed of masonry, reinforced concrete or treated pile or timber.
C.
No area or areas totalling 2 acres or more on any parcel or contiguous parcels in the same ownership shall have existing vegetation clear-stripped or be filled 6 inches or more so as to destroy existing vegetation unless in conjunction with agricultural activity, or unless necessarily incidental to construction on the premises under a currently valid building permit, or unless within streets which are either public or designated on an approved subdivision plan, or unless a special permit is approved by the Planning Board on condition that runoff will be controlled, erosion avoided, and either a constructed surface or cover vegetation will be provided not later than the first full spring season immediately following completion of the stripping operation. No stripped area or areas which are allowed by special permit shall remain through the winter without a temporary cover of winter rye or similar plant material being provided for soil control, except in the case of agricultural activity where such temporary cover would be infeasible.
D.
The Building Inspector may require the submission of all information from the building permit applicant or the landowner, in addition to that otherwise specified herein, necessary to ensure compliance with these requirements, including, if necessary, elevations of the subject property, description of vegetative cover, and the nature of impoundment basins proposed, if any.
F.
Hillside areas, except naturally occurring ledge or bedrock outcroppings or ledge cuts, shall be retained with retaining walls, or with vegetative cover as follows:
Average percentage slope | Minimum percentage of land to remain in vegetation |
|---|---|
10.0 - 14.9 | 25 |
15.0 - 19.9 | 40 |
20.0 - 24.9 | 55 |
25.0 - 29.9 | 70 |
30.0 and above | 85 |
A.
Purpose. The purpose of this article is to provide for the development and use of wind power as an alternative energy source, while protecting public health, safety and welfare, preserving environmental, historic and scenic resources, controlling noise levels and preventing electromagnetic interference.
B.
Applicability. Any application to erect a structure that utilizes energy from wind shall comply with this article.
C. COMMERCIAL WIND ENERGY FACILITY (CWEF) RESIDENTIAL WIND ENERGY FACILITY (RWEF) TEMPORARY METEOROLOGICAL TOWERS (MET TOWERS) WIND ENERGY FACILITY (WEF) WIND TURBINE
Definitions.
A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity greater than 10.1 kW, located in a designated commercial district.
A wind energy conversion system consisting of a wind turbine, and associated control or conversion electronics, which has a rated capacity of not more than 10.1 kW, located on a single lot, intended as an accessory use in a designated residential district or in connection with any residential use in a designated commercial district or in connection to any agricultural use in any zoning district.
Wind measuring equipment that typically consists of, and limited to, one or more anemometers and wind vanes and related recording devices mounted on a temporary tower structure for the purpose of ascertaining the wind resource that exists at a particular site. Met Towers to be installed and operated for a maximum of thirty-seven (37) months shall be considered Temporary; any such equipment to be installed and operated in excess of thirty-seven (37) months shall be considered permanent and included in the definition of WEF.
All equipment, machinery and structures utilized in connection with wind-generated energy production and generation, including accessory transmission, distribution, collection, storage or supply systems whether underground, on the surface, or overhead and other equipment or byproducts in connection therewith and the sale of the energy produced thereby, including but not limited to, wind turbine (rotor, electrical generator and tower) and accessory permanent meteorological (wind measuring devices including anemometers and related equipment) towers to be in place for more than thirty-seven (37) months, transformers, substation, power lines, control and maintenance facilities, site access and service roads. Temporary meteorological towers are not a WEF and are separately provided for in the definition of "temporary meteorological towers (MET towers)."
A single device that converts wind to electricity or other forms of energy, typically consisting of a rotor and blade assembly, electrical generator, and tower without guy wires.
D.
Special Permit Granting Authority.
(1)
The Planning Board is hereby established as the Special Permit Granting Authority (SPGA) in connection with construction of Wind Energy Facilities (WEF).
(2)
The SPGA shall grant a Special Permit only if it finds that the proposal complies with the provisions of this bylaw (unless waived) and is consistent with the applicable criteria for granting special permits.
E.
Development Requirements. The following requirements apply to all Wind Energy Facilities (WEF).
(1)
Proposed WEF shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable electrical, construction, noise, safety, environmental and communications requirements.
(2)
Applicants shall provide a complete description of CWEF including technical, economic, environmental, and other reasons for the proposed location, height and design.
(3)
RWEF shall be limited to one (1) tower per lot or on contiguous lots held in common ownership. This number may be exceeded as part of the special permit process if the applicant can demonstrate that additional number is needed and that the additional benefits of the additional towers does not create any adverse impacts, as outlined in this bylaw.
(4)
Tower Height.
(a)
CWEF: Height limited by special permit. The SPGA shall make a finding that the height proposed is necessary for adequate operation of the CWEF.
(b)
RWEF: Maximum height ninety (90) feet. This height may be exceeded as part of the special permit process if the applicant can demonstrate that additional height is needed and that the additional benefits of the height does not create any adverse impacts, as outlined in this bylaw.
(5)
Monopole towers are the only type of support allowed.
(6)
Height Calculation. Overall height of the wind turbine shall be measured from the land in its natural state prior to grading or filling to the highest point reached by any part of the wind turbine.
(7)
Setbacks. The minimum setback for the wind turbine shall be maintained equal to the overall engineered designed height plus ten (10) feet from all boundaries of the site on which the WEF is located.
(a)
No part of the WEF support structure may extend closer to the property boundaries than the standard structure setbacks for the zone where the land is located.
(b)
WEF shall be setback a distance of four times the overall blade radius from access easements and above ground utility lines.
(c)
The Planning Board may reduce setbacks distances for the WEF with the permission of the abutting property owner(s) together with an easement, as recorded at the Plymouth County Registry of Deeds, depicting such agreement.
(8)
Wetlands. No part of a WEF shall be located within the jurisdiction of the Carver Conservation Commission unless a determination is made by the Conservation Commission.
(9)
Noise. The WEF and associated equipment shall conform to the Massachusetts noise regulation (310 CMR 7.10). If deemed necessary by the SPGA, an analysis, prepared by a qualified engineer, shall be presented to demonstrate compliance with these noise standards and be consistent with Massachusetts Department of Environmental Protection guidance for noise measurement.
(a)
Manufacturer's specifications may be accepted when in the opinion of the Planning Board the information provided satisfies the above requirements.
(b)
Upon written notification of a complaint of excessive noise, the Inspector of Buildings/Chief Zoning Enforcement Officer or his designee, herein after referred to, as the Enforcing Person shall record the filing of such complaint. The Enforcing Person shall promptly investigate. If noise levels are determined to be excessive, the Enforcing Person shall require the property owner to perform ambient and operating decibel measurements at the nearest point from the wind turbine to the property line of the complainant and to the nearest inhabited residence.
(c)
If the noise levels are found to have exceeded allowable limits the Enforcing Person shall notify in writing the owner of the property to correct the violation. If the noise violation is not remedied within 30 days the CWEF shall remain inactive until the noise violation is remedied which may include relocation or removal at the owner's expense.
(d)
If determined that allowable limits have not been exceeded, notice in writing shall be provided to the person who has filed such complaint and the owner of the property stating that no further action is required, all within fourteen (14) days of the receipt of the request. Any person aggrieved by the decision may appeal said decision to the Board of Appeals in accordance with Article 5-2 of this Bylaw. Any such appeal must be filed within (30) days after the receipt of the decision of the Chief Zoning Enforcement Officer or Enforcement Officer.
(10)
Shadowing/Flicker. The WEF shall be sited in a manner that does not result in significant 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 either through siting or mitigation.
(11)
Prevention of Access. The applicant/owner shall ensure that all related components of the CWEF are protected from unlawful access.
(12)
Visual Impact. The applicant shall employ all reasonable means, including landscaping and alternative locations, to minimize the visual impact of all WEF components. All components of the WEF and its support structure shall be painted plain non-reflective muted colors without graphics or other decoration.
(13)
Lighting. If lighting is proposed (other than required FAA lights) the applicant shall submit a plan indicating the horizontal foot candles at grade, within the property line and twenty-five (25) beyond the property lines. The plan shall also indicate the locations and types of luminaries proposed.
(14)
Provisions for inspection and maintenance must be submitted.
F.
Procedural Requirements.
(1)
Site Plan. A site plan must be submitted, prepared to scale by a registered land surveyor or civil engineer showing the location of the proposed WEF, distances to all property lines, existing and proposed structures, existing and proposed elevations, public and private roads, above ground utility lines, existing and proposed vegetation, and any other significant features or appurtenances. Any portion of this article may be waived if in the opinion of the Planning Board the materials submitted are sufficient for the Board to make a decision.
(2)
Telecommunications. CWEF may include telecommunication antennas provided they comply with Article 4-6 of this bylaw. The telecommunications carrier shall be named as the co-applicant. Co-applications are encouraged.
(3)
Compliance with Massachusetts State Building Code. Building permit applications shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. Documentation showing compliance with the Massachusetts State Building Code certified by a licensed professional engineer shall also be submitted. (Manufacturer specifications may be suitable at the discretion of the Inspector of Building).
(4)
Compliance with FAA Regulations. WEF must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.
(5)
Compliance with National Electric Code. Building permit applications for WEF shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.
(6)
Utility Notification. No WEF 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.
(7)
Abandonment: A WEF shall be considered to be abandoned if it is not operated for a period of two years, or if it is designated a safety hazard by the Inspector of Buildings. Once a WEF is designated as abandoned, the owner shall be required to physically remove the WEF within 90 days of written notice. "Physically remove" shall include, but not be limited to:
(a)
Removal of WEF, any equipment shelters and security barriers from the subject property.
(b)
Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.
(c)
Restoring the location of the WEF to its natural condition, except that any landscaping and grading shall remain in the after-condition.
(8)
Modifications. All modifications (excluding repairs, maintenance, and equipment upgrades to existing structures and/or equipment) to a WEF made after issuance of the Special Permit shall require approval by the SPGA.
(9)
Professional Fees. The Planning Board may retain a technical expert/consultant to verify information presented by the applicant. The cost for such a technical expert/consultant will be the expense of the applicant through the review and inspection fees.
(10)
The submittals and permits of this article shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of this Zoning By-Law
G.
Security.
(1)
Requirement. In conjunction with the above special permit approval process the Planning Board may require the posting of a bond or other security to assure satisfactory fulfillment of the above, in such sum and in accordance with such conditions as the Board may determine necessary.
(2)
Exception. The Board need not require security where there is full assurance of compliance with the above special permit.
(3)
Amount. The amount of security required shall not exceed either the estimated costs of the measures proposed, or the estimated cost of restoration of affected lands and property if the work is not performed as required, whichever is the greater.
H.
Met Towers.
(1)
Zoning Permit: Met Towers shall be erected, constructed, installed, or modified only by first obtaining Administrative Review approval from the Planning Board. Met Towers shall be permitted under the same standards as a WEF provided for in § 290-3-8.3 and all related sections, except that: (a) The requirements apply to a temporary structure; (b) A permit for a temporary met tower shall be valid for a maximum thirty-seven (37) months in total, including any extensions that may be requested and granted; and (c) Small anemometers installed directly on buildings shall not require a building or special permit.