The purpose of this section is to accommodate small wind energy
systems in appropriate while minimizing adverse visual, safety and
environmental impacts of the facilities. This chapter enables the
review of such 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, § 2, 9/21/2009)
"Fall zone":
The potential fall area for the small wind energy system.
It is measured by using one hundred ten percent of the total height
as the radius around the center point of the base of the tower.
"Flicker":
The moving shadow created by the sun shining on the rotating
blades of the wind turbine.
"Meteorological tower (met tower)":
Includes the tower, base plate, anchors, guy wires and hardware,
anemometers (wind speed indicators), wind direction vanes, booms to
hold equipment for anemometers and vanes, data loggers, instrument
wiring, and any telemetry devices that are used to monitor or transmit
wind speed and wind flow characteristics over a period of time for
either instantaneous wind information or to characterize the wind
resource at a given location.
"Net metering":
The difference between the electricity supplied over the
electric distribution system and the electricity generated by the
small wind energy system which is fed back into the electric distribution
system over a billing period.
"Power grid":
The transmission system, managed by ISO New England, created
to balance the supply and demand of electricity for consumers in New
England.
"Shadow":
The outline created on the surrounding area by the sun shining
on the small wind energy system.
"Small wind energy system":
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics, which has
a rated capacity of one hundred kilowatts or less and will be used
primarily for onsite consumption.
"Total height":
The vertical distance from ground level to the tip of the
wind turbine blade when it is at its highest point.
"Tower height":
The height above grade of the fixed portion of the tower,
excluding the wind turbine.
"Tower":
The monopole or guyed monopole structure that supports a
wind turbine.
"Wind turbine":
The blades and associated mechanical and electrical conversion
components mounted on top of the tower whose purpose is to convert
kinetic energy of the wind into rotational energy used to generate
electricity.
(C.O. 09-139, § 2, 9/21/2009)
Provided that the use complies with all the other requirements
of this chapter, the construction of a small wind energy system shall
be permitted by right in the TED district and in all zoning districts
upon the issuance of a special permit by the city council.
(C.O. 09-139, § 2, 9/21/2009)
Proposed small wind energy systems 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 and meet the following
standards.
A. Setbacks:
1. Small
wind energy systems shall be set back a distance equal to one hundred
ten percent of the total height from: any public road right-of-way,
unless written permission is granted by the governmental entity with
jurisdiction over the road; any overhead utility lines; all property
lines, unless the affected land owner provides written permission
through a recorded easement allowing the small wind energy system's
fall zone to overlap with the abutting property; and any travel ways
to include but not be limited to driveways, parking lots, nature trails
or sidewalks.
2. Small
wind energy systems must meet all setbacks for principal structures
for the zoning district in which the system is located.
3. The
setback shall be measured to the center of the tower's base.
4. Guy
wires used to support the tower are exempt from the small wind energy
system setback requirements.
B. Height:
Small wind turbines may be attached to freestanding or guy wired monopole
towers or attached to structures. The total height of the wind turbine,
whether on monopole or attached to a structure, shall be no higher
than ten feet greater than the highest structure on the parcel, measured
from the existing average grade to the top of the rotor blade at its
highest point or blade-tip height. Further, the applicant shall provide
evidence that the proposed tower height does not exceed the height
recommended by the manufacturer of the wind turbine. The clearance
of the rotor blade from the ground at the blade's lowest rotating
point shall be no less than fifteen feet.
C. Sound:
The small wind energy system shall not exceed seventy decibels using
the A scale (dBA), as measured at the property line, except during
short-term events such as severe wind storms and utility outages.
D. Shadowing/Flicker:
Small wind energy systems 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.
E. Signs:
All signs, both temporary and permanent, are prohibited on the small
wind energy system, except as follows: Manufacturer's or installer's
identification on the wind turbine; and appropriate warning signs
and placards.
F. Code
Compliance: The small wind energy system shall comply with all applicable
sections of the Massachusetts State Building Code.
G. Aviation:
The small wind energy system shall be built to comply with all applicable
Federal Aviation Administration regulations.
H. Visual
Impacts: It is inherent that small wind energy systems may pose some
visual impacts due to the tower height needed to access the wind resources.
The purpose of this section is to reduce the visual impacts, without
restricting the owner's access to the wind resources.
1. The
applicant shall demonstrate through project site planning and proposed
mitigation that the small wind energy system's visual impacts will
be minimized for surrounding neighbors and the community. This may
include, but not be limited to information regarding site selection,
turbine design or appearance, buffering, and screening of ground mounted
electrical and control equipment. All electrical conduits shall be
underground.
2. The
color of the small wind energy system shall either be the stock color
from the manufacturer or painted with a non-reflective, unobtrusive
color that blends in with the surrounding environment.
3. A
small wind energy system shall not be artificially lit unless such
lighting is required by the Federal Aviation Administration (FAA).
If lighting is required, the applicant shall provide a copy of the
FAA determination to establish the required markings and/or lights
for the small wind energy system.
I. Access:
All ground mounted electrical and control equipment shall be labeled
and secured to prevent unauthorized access. The tower shall be designed
and installed so as to not provide step bolts or a ladder readily
accessible to the public for a minimum height of 8 feet above the
ground.
J. Clearing:
Clearing of natural vegetation shall be limited to that which is necessary
for the construction, operation and maintenance of the small wind
energy system and as otherwise prescribed by applicable laws, regulations,
and ordinances.
(C.O. 09-139, § 2, 9/21/2009)
Meteorological (Met) Towers: The construction of a met tower
for the purpose of collecting data to develop a small wind energy
system, shall abide with the following requirements.
A. The
construction, installation or modification of a met tower shall require
a building permit and shall conform to all applicable sections of
the state building code.
B. Met
towers shall be permitted on a temporary basis not to exceed three
years.
C. Met
towers shall adhere to the small wind energy system standards. A special
permit shall not be required for a met tower unless such tower exceeds
thirty feet in height.
(C.O. 09-139, § 2, 9/21/2009)
A. At
such time that a small wind energy system is scheduled to be abandoned
or discontinued, the applicant will notify the Building Inspector
by certified U.S. mail of the proposed date of abandonment or discontinuation
of operations.
B. Upon
abandonment or discontinuation of use, the owner shall physically
remove the small wind energy system within ninety days from the date
of abandonment or discontinuation of use. This period may be extended
at the request of the owner and at the discretion of the building
inspector. "Physically remove" shall include, but not be limited to:
1. Removal
of the wind turbine and tower and related above grade structures.
2. Restoration
of the location of the small wind energy system to its natural condition,
except that any landscaping, grading or below-grade foundation may
remain in the after-conditions.
C. In
the event that an applicant fails to give such notice, the system
shall be considered abandoned or discontinued if the system is out-of-service
for a continuous twelve-month period.
After the twelve months of inoperability, the building inspector
may issue a notice of abandonment to the owner of the small wind energy
system. The owner shall have the right to respond to the notice of
abandonment within thirty days from notice receipt date. The building
inspector shall withdraw the notice of abandonment and notify the
owner that the notice has been withdrawn if the owner provides information
that demonstrates the small wind energy system has not been abandoned.
D. If
the owner fails to respond to the notice of abandonment or if after
review by the building inspector it is determined that the small wind
energy system has been abandoned or discontinued, the owner of the
small wind energy system shall remove the wind turbine and tower at
the owner's sole expense within three months of receipt of the notice
of abandonment. If the owner fails to physically remove the small
wind energy system after the notice of abandonment procedure, the
city shall have the authority to enter the subject property and physically
remove the small wind energy system.
E. The
city council may require the applicant to provide a form of surety
(i.e., post a bond, letter of credit or establish an escrow account
or other) at the time of construction to cover costs of the removal
in the event the town must remove the facility. 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
to accommodate the rate of inflation over twenty-five years.
(C.O. 09-139, § 2, 9/21/2009)