The purpose of this chapter is to accommodate land-based commercial
wind energy conversion facilities (not residentially scaled facilities)
in appropriate locations, while minimizing adverse visual, safety
and environmental impacts of the facilities. This chapter enables
the review of commercial wind energy conversion facilities by the
city council. This chapter is intended to be used in conjunction with
other regulations adopted by the city, including the general wetlands
ordinance and other local regulations designed to encourage appropriate
land use, environmental protection, and provision of adequate infrastructure
development in the city of Revere.
(C.O. 09-139, § 1, 9/21/2009)
"Commercial wind energy conversion facilities":
Commercial wind energy conversion facilities include all
equipment, machinery and structures utilized in connection with the
conversion of wind to electricity. This includes, but is not limited
to, transmission, storage, collection and supply equipment, substations,
transformers, service and access roads, and one or more wind turbines.
"Height":
The height of a wind turbine measured from existing average
grade to the tip of the rotor blade at its highest point, or blade-tip
height.
"Rated nameplate capacity":
The maximum rated output of electric power production equipment,
which is typically specified by the manufacturer with a "nameplate"
on the equipment.
"Wind turbine":
A device that converts kinetic wind energy into rotational
energy that drives an electrical generator. A wind turbine typically
consists of a tower, nacelle body, and a rotor with two or more blades.
(C.O. 09-139, § 1, 9/21/2009)
A. Provided
that the use complies with all requirements set forth in this chapter,
the construction of a commercial wind energy conversion facility shall
be permitted by right in the TED district. By contrast, in the HB,
LI, IP, PDD1 and PDD2 zoning districts, and on municipally owned property,
the construction of a commercial wind energy conversion facility shall
be subject to the issuance of a special permit by the city council.
In all other districts, commercial wind energy conversion facilities
are prohibited.
B. Wind
monitoring or meteorological towers shall be allowed by-right, on
a temporary basis, in the TED, HB, LI, IP, PDD1 and PDD2 zoning districts,
and on municipally owned property, subject to issuance of a building
permit.
C. All
such wind energy conversion facilities shall be constructed and operated
in locations that minimize adverse visual, safety, and environmental
impacts.
D. For uses allowed by right in the TED district, the applicant shall be required to comply only with the site plan review process set forth in Chapter
17.17 of this title. No review by the city council is required. Notwithstanding any provisions to the contrary in Chapter
17.17, the site plan review committee shall complete its review of a completed application for a commercial wind energy conversion facility, and issue its findings, within one hundred eighty days after the date the application to the site plan review committee is complete. Failure of the site plan review committee to issue a final decision within one hundred eighty days shall constitute constructive approval of the application without conditions, and in such circumstances, the building inspector shall issue a building permit forthwith upon request of the applicant.
(C.O. 10-171, §§ 1, 2, 5/10/2010; C.O. 09-139, § 1, 9/21/2009)
The applicant shall submit documentation of the legal right
to install and use the proposed facility at the time of application
for a special permit. Documentation should also include proof of control
over the land in setback or clear areas. Control shall mean legal
authority to prevent the use of any structure within the setback or
clear area for human habitation or other uses.
(C.O. 09-139, § 1, 9/21/2009)
The applicant shall be required to provide evidence of the availability
of liability insurance in an amount sufficient to cover loss or damage
to persons and structures occasioned by the failure or use of the
facility. At a minimum, the applicant shall maintain a current general
liability policy covering bodily injury and property damage with limits
of at least one million dollars per occurrence and three million dollars
in the aggregate. Insurance certificates must be filed in the city
clerk's office.
(C.O. 09-139, § 1, 9/21/2009)
Proposed wind energy conversion facilities 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.
A. Height.
Commercial wind energy conversion facilities shall be no higher than
two hundred fifty feet above the existing average grade. The city
council may allow this height to be exceeded as part of the special
permit process if the project proponent can demonstrate that the additional
height is needed and that the additional benefits of the higher tower
outweigh any increased adverse impacts. The height of all wind energy
conversion facilities shall be measured from the existing average
grade to the highest point reached by the rotor blades.
B. Setbacks.
Each wind energy conversion facility and its associated equipment
shall comply with the building setback provisions of the zoning district
in which the facility is located.
In addition, the following setbacks shall be observed:
1. In
order to ensure public safety and to protect the interests of neighboring
property owners, the minimum distance from the base of any wind turbine
tower to any neighboring residential or commercial structure shall
be equal to the total height of structure to the highest point plus
an additional six feet, and the minimum distance from the base of
any wind turbine to any abutting property line shall be one hundred
feet. This setback is considered a "clear area."
2. Wetland
resources and their buffer zones may be used for the purposes of providing
"clear area" setbacks. 3.
3. The
setbacks should be kept free of all habitable structures so long as
the facility is in place; however, these areas need not be cleared
of trees or other vegetation. Setbacks shall be measured from the
outside surface at the base of the turbine tower. The site plan review
committee (for as-of-right sitings) and the city council (for special
permit applications) may reduce the setbacks as appropriate, based
on site specific considerations, and only after review of substantial
evidence, including but not limited to detailed engineering reports
or product engineering certification, which demonstrate that safety
concerns have been minimized and that setbacks have been complied
with to the maximum extent practicable. Such reduction of required
setbacks, if granted, shall not constitute a variance from the zoning
ordinance.
C. Visual
impact. The proponent shall demonstrate through project siting and
proposed mitigation that the wind energy conversion facility minimizes
impact on the visual character of surrounding neighborhoods and the
community. This may include, but not be limited to, information regarding
site selection, turbine design, buffering, lighting, cable layout,
and demonstration of compliance with all special permit regulations.
D. Color.
Wind energy conversion facilities shall be painted a non-reflective
color such as white, off-white or gray or unless FAA regulations require
a specific color.
E. Equipment
shelters. All equipment necessary for monitoring and operation of
the wind energy conversion facilities should preferably be contained
within the turbine tower. If this is not feasible, ancillary equipment
may be located outside the tower. Whenever reasonable, structures
should be joined or clustered to avoid adverse visual impacts, contained
either within an underground vault, enclosed within a separate structure,
or shielded from view either by year-round landscaping or vegetated
buffers. Equipment shelters shall only be used for housing of equipment
for this particular site.
F. Lighting
and signage.
1. Wind
turbines shall be lighted only if required by the Federal Aviation
Administration (FAA). The proponent shall provide a copy of the FAA's
determination to establish the required markings and/or lights for
the structure.
2. Any
lighting of equipment structures and any other facilities on site
(except lighting required by the FAA) shall be shielded from abutting
properties.
3. Signs
on the facility shall be limited to those needed to identify the property
and the owner/operator, and to warn of any danger; and educational
signs providing information on the technology and renewable energy
usage.
4. All
signs shall comply with the plans approved and incorporated by reference
in a special permit granted under this section.
5. Commercial
advertising shall not be allowed on any part of the commercial wind
energy conversion facility.
6. A
clearly visible warning sign concerning voltage must be placed all
transformers and or electrical equipment.
G. Utility
connections. All utility connections from the commercial wind energy
conversion facility site shall be underground to the nearest utility
pole or transformer, unless the applicant demonstrates by substantial
evidence that the construction of such underground facilities would
be unreasonable owing to circumstances relating to the soil conditions,
shape, or topography of such a site or if the utility provider requires
the connections to be above ground. The electrical transformer for
the utility interconnections may be above ground if required by the
utility provider.
H. Support
towers. Monopole towers are the preferred type of support for commercial
wind facilities. Towers shall not be climbable up to fifteen feet
above ground surface.
(C.O. 10-171, 5/10/2010; C.O. 09-139, § 1, 9/21/2009)
A. Wetlands.
Commercial wind energy conversion facilities shall be located in a
manner consistent with all applicable local and state wetlands regulations.
B. Land
clearing/open space. Wind energy conversion facilities 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. Wetland buffer areas may be used for the purposes of providing
a clear area.
C. Stormwater.
Stormwater run-off and erosion control shall be managed in a manner
consistent with all applicable state and local regulations.
D. Noise. The commercial wind energy conversion facility and associated equipment shall conform to Massachusetts noise regulations (310 CMR 7.10) and the provisions of the Revised Ordinances of the city of Revere, Title
9, Chapter
9.08. An analysis, prepared by a qualified acoustical engineer, shall be required by the special permit applicant to demonstrate compliance with these noise standards.
E. Shadowing/flicker.
Wind energy conversion facilities shall be sited in a manner that
does not result in significant shadowing or flicker impacts. The proponent
has the burden of proving that this effect does not have significant
adverse impact on neighboring or adjacent uses either through siting
or mitigation.
F. Safety
standards. No hazardous materials or waste shall be discharged on
the site of any commercial wind energy facility. If any hazardous
materials or wastes are to be used on site, unless contained within
the wind turbine itself, there shall be provisions for full containment
of such materials or waste. An enclosed containment area, designed
to contain at least one hundred ten percent of the volume of the hazardous
materials or waste stored or used on the site may be required to meet
this requirement. The wind turbine shall also be designed to prevent
unauthorized access.
(C.O. 09-139, § 1, 9/21/2009)
Wind energy conversion facilities may be used to locate telecommunications antennas. Such use shall be subject to applicable regulations governing such uses, and subject to the provisions of Revised Ordinances of the city of Revere, Title
17, Chapter
17.16, Section
17.16.110.
A. All
ground-mounted telecommunications equipment shall be located in either
a shelter, within the wind turbine tower or otherwise screened from
view year-round, either through effective landscaping or existing
natural vegetated buffers; and
B. Antennas
shall be mounted to be in keeping with the design of the wind turbine
tower.
C. All
cabling associated with the personal wireless facility shall be contained
within the tower structure or enclosed within a conduit painted to
match the turbine mount.
(C.O. 09-139, § 1, 9/21/2009)
A. The
applicant shall maintain the wind energy conversion facility in good
condition. Such maintenance shall include, but not be limited to,
painting, structural integrity of the foundation and support structure
and security barrier (if applicable), and maintenance of the buffer
areas and landscaping. Site access shall be maintained to a level
acceptable to the fire chief. The project owner shall be responsible
for the cost of maintaining the wind energy conversion facility and
access road, unless accepted as a public way, and the cost of repairing
any damage occurring as a result of operation and construction.
B. The
applicant shall notify the city council of the wind energy conversion
facility becoming operational; thereafter the applicant shall submit
to the city at annual intervals, a report detailing operating data
for the facility, including but not limited to days of operation,
energy production, and certification of compliance with noise standards;
such measurements shall be signed by an acoustical engineer stating
that the noise measurements are accurate and meeting the noise Standards
sub-section of this chapter.
C. Notice
shall be provided to the city of any change in ownership of the facility
or discontinued operation for more than a two-week period.
(C.O. 09-139, § 1, 9/21/2009)
A. Removal
requirements. Any wind facility which has reached the end of its useful
life or has been abandoned shall be removed. When the wind facility
is scheduled to be decommissioned, the applicant shall notify the
city by certified mail of the proposed date of discontinued operations
and plans for removal. The owner/operator shall physically remove
the wind facility no more than one hundred fifty days after the date
of discontinued operations. At the time of removal, the wind facility
site shall be restored to the state it was in before the facility
was constructed or any other legally authorized use. More specifically,
decommissioning shall consist of the following:
1. Physical
removal of all wind turbines, structures, equipment, security barriers
and transmission lines from the site.
2. Disposal
of all solid and hazardous waste in accordance with local and state
waste disposal regulations.
3. Stabilization
or re-vegetation of the site as necessary to minimize erosion. The
city council may allow the owner to leave landscaping or designated
below-grade foundations in order to minimize erosion and disruption
to vegetation.
B. Abandonment.
Absent notice of a proposed date of decommissioning, the facility
shall be considered abandoned when the facility fails to operate for
more than one year without the written consent of the city council.
The city council shall determine in its decision what proportion of
the facility is inoperable for the facility to be considered abandoned.
If the applicant fails to remove the wind facility in accordance with
the requirements of this subsection within one hundred fifty days
of abandonment or the proposed date of decommissioning, the city shall
have the authority to enter the property and physically remove the
facility.
C. Financial
surety. The city council may require the applicant to provide, at
the time of issuance of the building permit, a form of surety, either
through escrow account, bond or otherwise, to cover the cost of removal
in the event the city must remove the facility, in an amount and form
determined to be reasonable by the city council, but in no event in
excess of one hundred twenty-five percent of the cost of removal and
compliance with the requirements of this subsection. 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.
(C.O. 09-139, § 1, 9/21/2009)
The following shall be included with an application for a special
permit for each commercial wind energy conversion facility:
A. General
filing requirements:
1. Name,
address, telephone number and original signature (photo-reproductions
of signatures will not be accepted) of applicant and any co-applicants.
Co-applicants may include the landowner of the subject property or
the operator of the wind energy conversion facility. If telecommunications
antennae are proposed, a telecommunications carrier should be a co-applicant.
2. If
the applicant or co-applicant will be represented by an agent, the
name, address and telephone number shall be provided and original
signature authorizing the agent to represent the applicant and/or
co-applicant shall also be provided. Photo-reproductions of signatures
will not be accepted.
3. Documentation of the legal right to install and use the proposed facility and proof of control over the setback or clear areas, proof of financial surety that satisfies Section
17.18.100(C), certification of lighting requirements from the FAA, statement that satisfies noise requirements, and certification of attainment for Federal Communications Commission relating to interference with radio or television reception.
4. An
estimate of useful life and documents and schedule related to decommissioning.
B. Location
map filing requirements. Copy of a portion of the most recent USGS
quadrangle map, at a scale of 1:25,000, showing the proposed facility
site, including turbine sites, and the area within at least two miles
from the facility. Zoning district designation for the subject parcel
should be included; however copy of zoning map with the parcel identified
is suitable.
C. Site
plan requirements. Twelve copies of a one-inch-equals-40 feet vicinity
plan, signed and sealed by a registered professional engineer or licensed
surveyor showing the following:
1. Property
lines for the subject property and all properties adjacent to the
subject property within three hundred feet.
2. Outline
of all existing buildings, including purpose (e.g., residential buildings,
garages, accessory structures, etc.) on subject property and all adjacent
properties within three hundred feet. Distances, at grade, from the
proposed wind energy conversion facility to each building on the vicinity
plan shall be shown.
3. Proposed
location of wind energy conversion facility, including all turbines,
fencing, associated ground equipment, transmission infrastructure
and access roads. Including: i) Location of all roads, public and
private, on the subject property and on all adjacent properties within
three hundred feet including driveways proposed to serve the wind
energy conversion facility; ii) All proposed changes to the existing
property, including grading, vegetation removal and temporary or permanent
roads and driveways; and iii) Representations, dimensioned and to
scale, of the proposed facility, including cable locations, parking
areas and any other construction or development attendant to the wind
energy conversion facility.
4. Tree
cover and average height of trees on the subject property and adjacent
properties within three hundred feet.
5. Contours
at each two feet above mean sea level (AMSL) within fifty feet of
proposed wind energy conversion facility and at a five-foot interval
for the remainder of the subject property and adjacent properties
within three hundred feet.
6. Representation
of location of viewpoint for the sight-line diagram referenced below.
D. Visualizations
and photographs.
1. Sight-line
representation. A sight-line representation shall be drawn from representative
locations that show the lowest point of the turbine tower visible
from each location. Each sight line shall be depicted in profile,
drawn at a scale of one inch equals forty feet. The profiles shall
show all intervening trees and buildings. There shall be at least
two sight line representations illustrating the visibility of the
facility from surrounding areas such as the closest habitable structures
or nearby public roads or areas.
2. Existing
(Before Condition) Photographs. A color photograph of the current
view shall be submitted from at least two locations to show the existing
situation.
3. Proposed
(After Condition). Each of the existing-condition photographs shall
have the proposed wind energy conversion facility or tower superimposed
to accurately simulate the proposed wind energy conversion facility
when built and illustrate its total height, width and breadth.
4. The
applicant shall provide siting elevations, or views at-grade from
the north, south, east and west for a fifty-foot radius around the
proposed wind energy conversion facility or tower, showing the following:
a. Wind energy conversion facility or tower and, if applicable, the
security barrier and associated equipment, with total elevation dimensions
for all parts of the facility or tower.
b. Security barrier. If the security barrier will block views of the
wind energy conversion facility or tower, the barrier drawing shall
be cut away to show the view behind the barrier.
c. Existing trees and shrubs at current height and proposed trees and
shrubs at proposed height at time of installation, with approximate
elevations shown.
d. Grade changes, or cuts and fills, to be shown as original grade and
new grade line, with two-foot contours above mean sea level.
E. Balloon
or crane test. Within thirty days of the submission of an application
for a special permit, the applicant shall arrange for a balloon or
crane test at the proposed site to illustrate the height of the proposed
facility. The date, time and location of such test shall be advertised
in a newspaper of general circulation in the city at least fourteen
days, but not more than twenty-one days, prior to the test. Such advertisement
shall be made at the expense of the applicant. In addition, notice
shall be provided to the city, abutters, and abutters to abutters
within three hundred feet as certified by the assessor's department,
with proof of notification.
F. Specifications.
Specifications for any proposed wind energy conversion facility or
tower, and all equipment and attendant facilities, shall be provided
as part of the application.
(C.O. 09-139, § 1, 9/21/2009)
Upon submission of an application for a special permit, the
city council may hire outside consultants for a peer review of an
application, whose services shall be paid for by the applicant.
(C.O. 09-139, § 1, 9/21/2009)
A special permit issued for any wind energy conversion facility
shall be valid for twenty-five years, unless extended or renewed.
With a written request from the owner, the time period may be extended
or the special permit may be renewed upon satisfactory operation of
the facility. At the end of that time period, the wind energy conversion
facility shall be removed as required by this Section. Any special
permit granted under this subsection shall lapse if construction of
the commercial wind energy conversion facility does not commence within
two years of the date of its issuance, unless good cause for failure
to begin construction can be shown. Good cause may include delay in
shipment of wind energy conversion facility components, but financial
ability shall not be cause for delay.
(C.O. 09-139, § 1, 9/21/2009)