[Added 3-29-2008 by Art. 14; amended 11-17-2008 by Art. 10; 4-30-2011 by Art. 21; 4-28-2014 ATM by Art. 23; 4-30-2018 ATM by Art. 19; 12-9-2024 STM by Art. 10]
A.
Purpose and intent.
Consistent with the Commonwealth's Green Communities Act (Chapter 169 of the Acts of 2008), the use of wind energy generating facilities is encouraged and regulated as follows.
It is the express purpose of this bylaw to accommodate large distribution generation wind energy conversion facilities created as a primary use with electricity generation capacity of more than 500 kilowatts, in appropriate locations, while minimizing adverse safety and environmental impacts of the facilities and ensuring consistency with all Town bylaws. Applicants should refer to Cohasset's Regulations on Wind Energy Facilities.
B. AMBIENT LARGE TURBINE NACELLE RESIDENCE ROTOR SETBACK SIZE SPECIAL PERMIT GRANTING AUTHORITY (SPGA) TOTAL HEIGHT TOWER HEIGHT WIND ENERGY CONVERSION FACILITY WIND MONITORING OR METEOROLOGICAL ("TEST" or "MET") TOWERS WIND TURBINE WIND TURBINE FLICKERING
Definition supplements. As used in this article, the following terms shall have the meanings indicated:
The background A-weighted sound level that is exceeded 90% of the time, measured during the hours 7:00 p.m. to 7:00 a.m., with no wind turbines within 1/2 mile of the proposed project in operation.
A wind energy conversion facility with an electricity generating capacity of 500 kilowatts or more.
The frame and housing at the top of the tower that encloses the gearbox and generators and protects them from the weather.
A shelter (as a house) in which people live (can include commercial apartments/living facilities).
The blades and hub of the wind turbine(s) that rotate during turbine operation.
Setback distances shall be measured from the base of the turbine tower to the property line.
Only wind turbines greater than 500 kilowatts are covered by this bylaw.
The Planning Board is the special permit granting authority for wind energy conversion facilities.
Total height of a turbine(s) is measured from the base of the turbine tower at pre-construction grade to the highest point of the turbine blades when in operation.
Tower height shall be measured from the base of the turbine tower at pre-construction grade to the highest point of the nacelle.
All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, all transmission, storage, collection and supply equipment, substations, transformers, site access, service roads and machinery associated with the use. A wind energy conversion facility may consist of one or more wind turbines.
Tower used for supporting anemometer, wind vane and other equipment to assess the wind resource at a predetermined height above the ground.
A device that converts kinetic energy of the wind into rotational energy to turn an electrical generator shaft. A wind turbine typically consists of a rotor, nacelle and supporting tower.
The blinking effect while the rotor is in motion.
C.
Special Permit and Site Plan Review Requirements for Large Turbine Regulations (> 500 kw).
(1)
The Planning Board shall be the special permit granting authority and site plan review authority for large turbines with a capacity of 500 kilowatts or more in any non-residential district.
(2)
In granting a special permit under this article, the Planning Board may impose conditions and limitations specially designed to safeguard the property, health, safety, and economic value of occupants of the premises and of other land, as well as the Town and its residents.
(3)
The Planning Board is authorized to promulgate regulations pertaining to application procedures, fees, use of consultants, plan details, insurance, surety, and other requirements needed for approval. Applicants are directed to the Planning Board's Regulations for these additional requirements.
(4)
Special permit criteria. The Planning Board may grant a special permit only if it finds that the proposal complies with the provisions of this bylaw and is consistent with the following criteria:
(a)
Site control. The applicant shall submit with the application documentation the applicant's legal right to install and use the proposed facility at the subject property. Documentation should also include proof of control over the setback areas.
(b)
Parcel area. The lot or lots on which a large turbine is to be sited must be at least one acre in size for one turbine, plus a minimum of an additional one-half acre of area for each additional turbine to be sited.
(c)
Height. Large turbines shall have a maximum tower height of 260 feet (80 meters), as measured from the pre-construction grade to the highest point reached by the nacelle. The Planning Board may allow this tower height to be exceeded as part of the special permit process if the project proponent can demonstrate that the additional tower height is essential to electricity generation and that the additional benefits of the higher tower outweigh any adverse impacts, but in no case shall tower height exceed 350 feet (100 meters) to the highest point reached by the nacelle.
(d)
Setbacks.
[1]
A large turbine and its associated equipment shall comply with the building setback provisions of the zoning district in which the facility is located.
[2]
In addition, a wind turbine may not be sited within:
[a]
A distance equal to the total height of the wind turbine from structures, buildings, critical infrastructure, or private or public ways that are not part of the wind energy facility;
[b]
Three times the total height of the turbine from the nearest existing residential structure; or
[c]
1.5 times the total height of the turbine from the nearest property line not delineating properties each owned in whole by the applicant.
(e)
Land clearing/open space/rare species. Wind turbines shall be designed to minimize land clearing and fragmentation of open space areas and shall avoid permanently protected open space. Wind turbines should be sited to make use of previously developed areas wherever possible. Wind turbine facilities shall also be located in a manner that does not have significant negative impacts on rare species in the vicinity (particularly avian species, bats, etc.) as may be applicable law.
(f)
Stormwater runoff and erosion control shall be managed in a manner consistent with all applicable state and local law.
(g)
Noise.
[1]
Operation of a large turbine and associated equipment must conform to Massachusetts noise regulations (310 CMR 7.10), as amended from time to time. An analysis prepared by a qualified engineer shall be presented to demonstrate compliance with these noise standards and shall be consistent with Massachusetts Department of Environmental Protection guidance for noise measurement. The noise of a large turbine and associated equipment) will be considered in violation of this bylaw if the source:
[a]
Increases the broadband sound level by more than 10 dB(A) above ambient at the property line; or
[b]
Increases the broadband sound level by more than eight dB(A) at the nearest residential dwelling; or
[c]
Produces a "pure tone" condition, when any octave band center frequency sound-pressure level exceeds the two adjacent center frequency sound-pressure levels by three decibels or more at the property line or at the nearest permitted residence; or
[d]
Adds to the noise generated by existing turbines within 1/2 mile, such that the cumulative total of sound level calculations increases the broadband sound level by more than 10 dB(A) above ambient at the property line or increases the broadband sound level by more than eight dB(A) at the nearest residential dwelling.
[2]
A noise analysis shall be performed within 90 days of initial operation and a certified test report, prepared by an engineer board certified by the Institute of Noise Control Engineering (INCE), shall be submitted after initial operation of the facility to demonstrate compliance with these noise regulations and with the noise level analysis submitted by the applicant. Additional tests shall be performed from time to time upon the request of the SPGA and certified test reports submitted. If any analyses indicate noise levels in excess of those permitted by regulations, remedial measures shall be undertaken to bring noise levels into compliance. Test methods shall be consistent with Massachusetts Department of Environmental Protection guidelines for noise measurement.
(h)
Shadow/flickering. A shadow flicker analysis shall be performed by a qualified engineer using industry recognized software to determine the worst-case shadow flicker that could be experienced by all private structures occupied during daylight hours within 1/2 mile of the base of each turbine. The maximum allowable worst-case daily shadow flicker for each applicable structure shall not exceed 30 minutes for each day.
(i)
Proposed large turbine(s) shall comply with all applicable local, state and federal requirements, including but not limited to all applicable electrical, construction, noise, safety, environmental and communications requirements.
(j)
Color. Wind turbine(s) shall be painted a non-reflective color.
(k)
Lighting and signage. Wind turbine(s) 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 marking and/or lights for the structure.
(l)
Lighting of equipment structures and any other facilities on site (except lighting) required by the FAA shall be shielded from abutting properties.
(m)
Signs on the facility shall be limited to:
[1]
Those needed to identify the property and the owner and warn of any danger;
[2]
Informational signs providing information on the technology and renewable energy usage of the facility; and
[3]
The name of the manufacturer of the turbine on the nacelle as long as within the Town dimensional sign requirements.
[4]
With the exception of the above, there shall be no commercial advertising signage on the turbine tower or nacelle.
(n)
The Planning Board may promulgate requirements for periodic reporting on monitoring and maintenance of the large turbine.
(o)
Upon abandonment or discontinuation of use, the owner shall physically remove the large turbine(s) within 90 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 Planning Board. The Planning Board may promulgate regulations relative to the process of abandoning or discontinuing the use of a large turbine and may require appropriate financial surety to ensure proper and timely removal and disposal of the turbine. If the owner fails to remove the turbine in accordance with this bylaw and the Planning Board's regulations, the Town shall have the authority to seize the surety and enter the subject property to remove and dispose of the turbine and related equipment. The financial surety shall be used to cover the Town's costs of removal and disposal of the turbine.
D.
Uses by telecommunications carriers. Large turbine facilities may be used to co-locate telecommunications antennas for personal wireless facilities, subject to applicable law governing such uses and structures, and subject to the following additional requirements:
(1)
All ground-mounted telecommunications equipment shall must be located in either a shelter, within the wind turbine tower or other shelter, or otherwise must be otherwise screened from view year-round (either through effective landscaping or existing natural vegetated buffers);
(2)
Antennas shall must be flush mounted to be in keeping with the design of the wind turbine tower; and
(3)
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.
E.
Terms of special permit. A special permit issued for any wind turbine(s) facility shall be valid for 25 years unless extended or renewed. At the end of that time period, the wind turbine(s) shall be removed by the applicant.
F.
Wind monitoring or meteorological towers. Temporary wind monitoring or meteorological towers may be erected in all districts subject to the issuance of a building permit for a temporary structure for not more than 18 months.