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HomeMy WebLinkAbout2013-09-03 Planning Board Supplemental Materials (4) Approved Zoning Annual Town Meeting May 26, 2009 §97-5.E. Large Wind Energy Facilities. (1) Purpose. The purpose of this Article is to provide by special permit for the construction and operation of on-site and utility-scale wind facilities and to provide standards for the placement, design, construction, monitoring, modification and removal of wind facilities that address public safety, give consideration to impacts on scenic, natural and historic resources of the town and provide adequate financial assurance for decommissioning. (2) Applicability: This section applies to wind energy facilities greater than 60 kilowatts of rated name plate capacity. It does not apply to small wind energy systems that fall under the requirements of§97-10.E. Small Wind Energy Systems of Newbury's zoning by-laws. (3) General Requirements: (a) Special Permit Granting Authority: The Planning Board is hereby established as the Special Permit Granting Authority (SPGA) for the issuance of special permits to construct and operate wind facilities. No wind facility shall be erected, constructed, installed or modified as provided in this section without first obtaining a permit from the SPGA. The construction of a wind facility shall be permitted in any zoning district subject to the issuance of a Special Permit and provided that the use complies with all requirements set forth in Sections 3, 4, 5 and 6 herein. All such wind facilities shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts. No special permit shall be granted unless the SPGA finds in writing that: (i) the proposed use is in harmony with the purpose and intent of this By- Law; (ii) the proposed location is appropriate on the site; (iii) the use will be sited, designed, and operated in a manner that adequately addresses the potential impacts to the neighborhood and the community; (iv) the use will not pose a significant adverse impact to the health or public safety of the neighborhood and the surrounding area; and (v) there is not expected to be any significant hazard to pedestrians or vehicles from the use. Wind monitoring or meteorological towers shall be permitted in all zoning districts subject to issuance of a building permit for a temporary structure and subject to reasonable regulations concerning the bulk and height of structures and determining yard-size,lot area, setbacks, open space,parking, and building coverage requirements (b) Compliance with Laws, By-laws and Regulations: The construction and operation of all such proposed wind facilities shall be consistent with all Large Wind, Page 1 Approved Zoning Annual Town Meeting May 26, 2009 applicable local, state and federal requirements, including but not limited to all applicable safety, construction, environmental, electrical, communications and aviation requirements. (c) Proof of Liability Insurance: The applicant shall be required to provide evidence of liability insurance in an amount and for a duration sufficient to cover loss or damage to persons and structures occasioned by the failure of the facility as determined by the SPGA (d) Site Control: At the time of its application for a special permit,the applicant shall submit documentation of actual or prospective control of the project site sufficient to allow for installation and use of the proposed facility. Documentation shall also include proof of control over setback areas and access roads, if required. Control shall mean the legal authority to prevent the use or construction of any structure for human habitation within the setback areas. (4) General Siting Standards: (a) Height: Wind facilities shall be no higher than 400 feet above the current grade of the land,provided that wind facilities may exceed 400 feet if- (i) the applicant demonstrates by substantial evidence that such height reflects industry standards for a similarly sited wind facility; (ii) such excess height is necessary to prevent financial hardship to the applicant (iii) the additional benefits of the higher tower outweigh any increased adverse impacts; and (iv) the facility satisfies all other criteria for the granting of a special permit under the provisions of this section. (b) Setbacks: (i) The minimum distance from the base of any wind turbine tower to any property line and private or public way shall be 1.5 times the overall blade tip height of the wind turbine. (5) Design Standards: (a) Visual Impact. The proponent shall demonstrate through project siting and proposed mitigation that the wind facility adequately addresses impacts 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 and cable layout. Large Wind, Page 2 Approved Zoning Annual Town Meeting May 26, 2009 (b) Color and Finish: The wind facility shall be a neutral, non-reflective exterior color designed to blend with the surrounding environment. (c) Lighting: (i) 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. (ii) Lighting of other parts of the wind facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. (d) Signage: Signs on the wind facility shall comply with the requirements of the Town's sign regulations, and shall be limited to: (i) Those necessary to identify the property and the owner,provide a 24-hour emergency contact phone number, and warn of any danger. (ii) Educational signs providing information about the facility and the benefits of renewable energy. (iii) All signs shall comply with the plans approved and incorporated by reference in the special permit granted under this section. (e) Advertising: Wind turbines shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind energy facility. ( Utility Connections: Reasonable efforts shall be made to locate utility connections from the wind facility underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider. (g) Appurtenant Structures: All appurtenant structures to such wind facilities shall be subject to regulations concerning the bulk and height of structures and determining yard sizes,lot area, setbacks, open space,parking and building coverage requirements. All such appurtenant structures,including but not limited to, equipment shelters, storage facilities,transformers, and substations, shall be architecturally compatible with each other and shall be contained within the turbine tower whenever technically and economically feasible. Structures shall only be used for housing of equipment for this particular site. To the extent practicable, structures should be shielded from view by vegetation and/or located in an underground vault and joined or clustered to avoid adverse visual impacts. (h) Support Towers: Monopole towers are the only allowable form of support for the Wind Energy Facilities. Large Wind, Page 3 Approved Zoning Annual Town Meeting May 26, 2009 (6) Safety, Aesthetic and Environmental Standards: (a) Emergency Services: The applicant shall provide a copy of the project summary and site plan to the local fire and police departments, as designated by the SPGA. Upon request the applicant shall cooperate with local police and fire in developing an emergency response plan. (b) Unauthorized Access: Wind turbines or other structures part of a wind facility shall be designed to prevent unauthorized access. (c) Wetlands: Wind facility shall be located in a manner consistent with all applicable local and state wetland regulations. (d) Stormwater: Stormwater run-off and erosion control shall be managed in a manner consistent with applicable state and local regulations. (e) Shadow/Flicker: Wind facilities shall be sited in a manner that minimizes shadowing or flicker impacts. The applicant must demonstrate that this effect will not have any significant adverse impact on neighboring or adjacent uses through either siting or mitigation. ( Noise: Wind Energy Facilities and associated equipment shall conform to the provisions of the Department of Environmental Protection's, Division of Air Quality Noise Regulations (310 CMR 7.10). A source of sound will be considered to be in violation of these regulations if the source: (i) Increases the broadband sound level by more than 3 dB(A) above ambient, or (ii) Produces a"pure tone" condition—when an octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by 3 decibels or more. These criteria are measured both at the property line and at the nearest inhabited off-site residence. Ambient is defined as the background A- weighted sound level that is exceeded 90% of the time. (g) Land Clearing, Soil Erosion and Habitat Impacts: Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the wind facility and is otherwise prescribed by applicable laws,regulations, and by-laws. (h) Hazardous Materials: No hazardous materials or waste shall be discharged on the site of any wind facility. If any hazardous materials or wastes are to be used on site,there shall be provisions for full containment of such materials or Large Wind, Page 4 Approved Zoning Annual Town Meeting May 26, 2009 waste. An enclosed containment area, designed to contain at least 110 percent of the volume of the hazardous materials or waste stored or used on the site may be required to meet this requirement. (7) Monitoring and Maintenance (a) Facility Conditions: The applicant shall maintain the wind facility in good condition. Maintenance shall include,but not be limited to,painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Medical Services. The project owner shall be responsible for the cost of maintaining the wind facility and any access road,unless accepted as a public way, and the cost of repairing any damage occurring as a result of operation and construction. (b) Modifications: All material modifications to a wind facility made after issuance of the special permit shall require approval by the SPGA as provided in this section. (c) Contact Person: The applicant or facility owner shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project. (d) Change of Ownership: Notice shall be provided to the Town of any change in ownership of the facility. (8) Abandonment or Decommissioning (a) Removal Requirements: Any above ground components of a wind energy facility which has reached the end of its useful life or has been abandoned shall be removed. When the wind energy facility is scheduled to be decommissioned,the applicant shall notify the Town 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 150 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- (i) Physical removal of all above-ground components from the site, including,but not limited to,wind turbines, structures, equipment, security barriers and transmission lines. (ii) Disposal of all solid and hazardous waste in accordance with local and state waste disposal regulations. (iii) Stabilization or re-vegetation of the site as necessary to minimize erosion. The SPGA may allow the owner to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation. Large Wind, Page 5 Approved Zoning Annual Town Meeting May 26, 2009 (b) Abandonment: Absent notice of a proposed date of decommissioning,the wind facility shall be considered abandoned when the facility fails to operate for more than one year without the written consent of the SPGA. The SPGA 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 section within 150 days of abandonment or the proposed date of decommissioning, the Town shall have the authority to enter the property and physically remove the facility. (c) Financial Surety: The SPGA shall require the applicant for large wind energy facilities to provide a form of surety, either through escrow account,bond or otherwise, to cover the cost of removal in the event the town must remove the facility, of an amount and form determined to be reasonable by the SPGA,but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the SPGA. 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. The amount shall include a mechanism for Cost of Living Adjustment. (9) Application Process & Requirements (a) Application Procedures (i) General: The application for a wind energy facility shall be filed in accordance with the rules and regulations of the SPGA concerning special permits. (ii) Application: Each application for a special permit shall be filed by the applicant with the city or town clerk pursuant to Section 9 of Chapter 40A of the Massachusetts General Laws. (b) Required Documents (i) General: The applicant shall provide the SPGA with 9 copies of the application. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts. Included in the application shall be: a) Name, address,phone number and original signature of the applicant and any co-applicants. Co-applicants may include the landowner of the subject property or the operator of the wind facility. b) If the applicant or co-applicant will be represented by an agent,the name, address, and telephone number of the agent, as well as a written document with original signature of the applicant and co- applicant(s) authorizing the agent to represent them; c) Documentation of the legal right to use the wind facility site, including the requirements set forth in(9)(e)(ii)(a) of this section. Large Wind, Page 6 Approved Zoning Annual Town Meeting May 26, 2009 (c) Siting and Design: The applicant shall provide the SPGA with a description of the property which shall include: (i) Location Map: 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 a copy of a zoning map with the parcel identified is suitable. (ii) Site Plan: A one inch equals 40 feet plan of the proposed wind facility site,with contour intervals of no more than 10 feet, signed and sealed by a Registered Professional Engineer or Licensed Land Surveyor showing the following: a) Street address and tax map and parcel number of the subject property; b) Zoning district designation for the subject property; c) Property lines for the site parcel and adjacent parcels within 300 feet. d) Outline of all existing buildings, including purpose(e.g. residence, garage, etc.) on site parcel and all adjacent parcels within 500 feet. Include distances from the wind facility to each building shown. e) Location of all roads,public and private on the site parcel and adjacent parcels within 300 feet, and proposed roads or driveways, either temporary or permanent. Existing areas of tree cover, including average height of trees, on the site parcel and adjacent parcels within 300 feet. g) Proposed location and design of wind facility, including all turbines, ground equipment, appurtenant structures,transmission infrastructure, access, fencing, exterior lighting, etc. h) Location of viewpoints referenced below in 10.3.3 of this section. (iii) Visualizations: The SPGA shall select between three and six sight lines, including from the nearest building with a view of the wind facility, for pre- and post-construction view representations. Sites for the view representations shall be selected from populated areas or public ways within a 2-mile radius of the wind facility. View representations shall have the following characteristics: a) 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 one inch equals 40 feet. The profiles shall show all intervening trees and buildings,both existing and proposed. There shall be at least two sight line representations illustrating the visibility of the facility from surrounding areas such as the closets habitable structures or nearby public roads or areas. Large Wind, Page 7 Approved Zoning Annual Town Meeting May 26, 2009 b) Existing (before) condition photographs. A color photograph of the current view shall be submitted from at least two locations to show the existing situation. c) Proposed(after) condition. Each of the existing condition photographs shall have the proposed wind facility superimposed on it to accurately simulate the proposed wind facility when built and illustrate its total height,width, and breadth. d) Representations shall include a description of the technical procedures followed in producing the photographs and the visualization(distances, angles, lens, etc.). (d) Landscape Plan: A plan indicating all proposed changes to the landscape of the site, including temporary or permanent roads or driveways, grading, vegetation clearing and planting, exterior lighting, other than FAA lights, screening vegetation or structures. Lighting shall be designed to minimize glare on abutting properties and, except as required by the FAA, shall be directed downward with full cut-off fixtures to reduce light pollution. (e) Elevations: Siting elevations, or views at-grade from the north, south, east, and west for a 50-foot radius around the proposed wind facility. Elevations shall be at one quarter inch equals one foot and show the following: (i) Wind facility and, if applicable, the security barrier and associated equipment,with total elevation dimensions of all parts of the facility. (ii) Security barrier. If the security barrier will block views of the wind facility,the barrier drawing shall be cut away to show the view behind the barrier. (iii) Any and all structures on the subject property. (iv) Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation,with approximate elevations dimensioned. (v) Grade changes, or cuts and fills,to be shown as original grade and new grade line,with two-foot contours above mean sea level. ( Materials: (i) Specifications for the proposed wind facility shall be provided for all equipment and attendant facilities. (ii) Materials of the proposed wind facility specified by type and specific treatment. These shall be provided for the wind turbine tower and all other proposed equipment/facilities. (iii) Colors of the proposed wind facility represented by a color board showing actual colors proposed. (g) Lighting Plan: If lighting of the site or turbine is proposed(other than FAA lights),the applicant shall submit a manufacturer's computer-generated point- to-point printout, indicating the horizontal foot-candle levels at grade,within Large Wind, Page 8 Approved Zoning Annual Town Meeting May 26, 2009 the property to be developed and 25 feet beyond the property lines. The printout shall indicate the locations and types of luminaires proposed. (h) Noise Filing Requirements: The applicant shall provide a statement from a qualified acoustical engineer listing the existing noise levels and the maximum future projected noise levels from the proposed wind facility, measured in decibels, for the following: (i) Existing, or ambient: The measurement of existing noise at the property boundaries,building of abutters and nearest inhabited residence. (ii) Existing plus proposed wind facility: Maximum estimate of noise from the proposed wind facility plus existing noise environment. Such statement shall be certified and signed by a qualified engineer, stating that noise projections are accurate and meet the noise standards of this By- Law and applicable state requirements. (i) Operation& Maintenance Plan: The applicant shall submit a plan for maintenance of access roads and storm water controls, as well as general procedures for operational maintenance of the wind facility. (j) Compliance Documents: If required under previous sections of this By-Law, the applicant will provide with the application: (i) description of financial surety that satisfies 8(c) of this section, (ii) proof of liability insurance that satisfies Section 3(c) of this section, (iii) certification of height approval from the FAA, (iv) a statement that satisfies Section 6(f), listing existing and maximum projected noise levels from the wind facility. (k) Independent Consultants: Upon submission of an application for a special permit,the SPGA will be authorized to hire an outside technical expert/consultant to review and verify information presented by the applicant. The cost for such a technical expert/consultant will be at the expense of the applicant(s),pursuant to Massachusetts General Laws, Chapter 40A, Section 9, and Massachusetts General Laws, Chapter 44, Section 53G. OR ACT IN RELATION THERETO. Large Wind, Page 9