The purpose of these supplemental requirements and standards
is to regulate the development of a wind energy conversion project
(wind turbines) and related structures in the Town of Barre. This
article is to be consistent with the general purposes stated in the
Comprehensive Plan of the Town, to accommodate the necessary infrastructure
for the provision of commercial wind powered electricity generation
facilities so that they may be developed in a manner hereby deemed
to be compatible with the general health, welfare and safety of the
residents of the Town of Barre. Furthermore, this article is enacted
to address the visual, aesthetic and the land use compatibility aspects
of wind energy conversion units, and more specifically to:
A. Encourage the location of wind energy conversion units in areas where
adverse impacts on the community are minimized.
B. Encourage the configuration of wind energy conversion units in a
way that minimizes adverse visual impact of the towers.
C. Encourage the co-location or shared use of proposed and existing
wind energy conversion units sites.
As used in this article, the following terms shall have the
meanings indicated:
ACCESSORY FACILITIES OR EQUIPMENT
Any structure, other than a wind energy conversion unit,
related to the use and purpose of deriving energy from such towers
located at the wind energy conversion system.
APPLICANT
Any person or entity applying to develop, own, locate, construct
or operate a wind energy conversion system within the Town. All requirements
placed upon an applicant under this article or by way of approval
of a permit issued hereunder, shall be fully and completely binding
upon the owner, his/her/its successors, heirs and assigns, of the
wind energy conversion system being submitted for review hereunder.
BLADE GLINT
The intermittent reflection of the sun off the surface of
the blades of a wind energy conversion unit.
DECOMMISSIONED
Status applied to a wind energy conversion unit when it has
been nonproductive for a period of one year, or when the unit or project
no longer provides a useful service.
FALL ZONE
Fall zone shall be a level distance perpendicular to the
base equal to the total height of the wind energy conversion unit
plus the rotor at a full and upright vertical position.
NACELLE
The portion of the wind energy conversion unit that connects
the rotor to the support tower and houses the generator, gearbox,
drive train and braking system.
NONPARTICIPATING STRUCTURE
Any structure regularly occupied by a person or persons located
on real property not under lease to or other use agreement with, a
wind generating company.
PARTICIPANT STRUCTURE
Any structure regularly occupied by a person or persons located
on real property under lease to, or other use agreement with, a wind
generating company.
PARTICIPATING PROPERTY
Real property where the owner has a lease or other use agreement
with a wind generating company.
PLANNING BOARD
For the purposes of this article, shall mean the Town of
Barre Planning Board.
PUBLIC HEARING
A meeting announced and advertised in advance, and open to
the public, with the public given an opportunity to talk, participate
and express their opinions, support or concerns.
RESIDENTIAL STRUCTURE
Any permanent structure or mobile home for human habitation
with electric power and running water.
RIGHT-OF-WAY
A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied
by a road, crosswalk, railroad, electric transmission lines, oil or
gas pipeline, water line, sanitary storm sewer, and other similar
uses.
SET BACK
The area of land measured along the ground out a horizontal
distance in any direction from the structure or facility being regulated
under this article.
SHADOW FLICKER
The effect from the sun shining through the turning blades
on the wind energy conversion unit and casting a shadow over the landscape
- most noticeably during sunrise and sunset.
TIP HEIGHT
Tip height is equal to the distance from the ground to the
tip of the rotor blade in a full and upright vertical position.
TOWER HEIGHT
Tower height is equal to the distance from the ground to
the top of the tower not including the nacelle or rotor blades.
WECS or TOWER SITE
Site where one or more wind energy conversion units or wind
turbines will be located, including all accessory facilities or equipment.
WIND ENERGY CONVERSION SYSTEM (WECS)
All structures and facilities utilized or necessary for the
normal operation of the project being submitted by an applicant under
this article, including, but not limited to, wind energy conversion
units, all accessory facilities and equipment thereto, and/or any
portion thereof.
WIND ENERGY CONVERSION UNIT/WIND TURBINE
Any tower, pole or other structure, whether attached to a
building or freestanding, designed to be used for the support of a
rotor that consists of blades and hub, as well as a nacelle and generator
for the purpose of producing electricity.
WIND ENERGY CONVERSION UNIT/WIND TURBINE (LARGE PROJECT)
One or more towers, poles or other structures, whether attached
to a building or freestanding, designed to be used for the support
of a rotor that consists of blades and hub, as well as a nacelle and
generator for the purpose of producing electricity intended to provide
wholesale electricity production for delivery on the local transmission
network. Any wind energy conversion unit/wind turbine not meeting
the definition of a wind energy conversion unit/wind turbine (small
project) shall, for the purposes of this article, be considered a
wind energy conversion unit/wind turbine (large project).
WIND ENERGY CONVERSION UNIT/WIND TURBINE (SMALL PROJECT)
One or two towers, poles or other structures, whether attached
to a building or freestanding, designed to be used for the support
of a rotor that consists of blades and hub, as well as nacelle and
generator for the purpose of producing electricity intended to reduce
on-site consumption of utility power. Such towers shall be limited
in height to 150 feet and to a power generating rating of 250 kw (kilowatts).
Any wind energy conversion unit/wind turbine not meeting this definition
shall, for the purposes of this article, be considered a wind energy
conversion unit/wind turbine (large project).
WIND ENERGY OVERLAY DISTRICT
A district which encompasses part or parts of one or more
underlying districts and that establishes requirements for wind energy
conversion systems.
If any clause, sentence, paragraph, word, section or part of
this article shall be adjudged by any court of competent jurisdiction
to be unconstitutional, illegal or invalid, such judgment shall not
affect, impair, or invalidate any paragraph, word, section or part
thereof not directly involved in the controversy in which such judgment
shall have been rendered.
The Town hereby exercises its right to opt out of the tax exemption
provisions of the Real Property Tax Law section 487, pursuant to the
authority granted by paragraph 8 of that law.
This article shall take effect immediately upon filing with
the Secretary of State.