(a)

Purpose and applicability.

(1)

Purpose. The purpose of this section is to provide by special permit for the construction and operation of wind facilities and to provide standards for the placement, design, construction, monitoring, modification and removal of wind facilities that address public safety, minimize impacts on scenic, natural and historic resources of the city or town and provide adequate financial assurance for decommissioning.

(2)

Applicability. This section applies to all wind facilities defined in subsection (b) of this section proposed to be constructed after the effective date of this section. Any physical modification to existing wind facilities that materially alters the type or increases the size of such facilities or other equipment shall require a special permit.

(b)

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commercial wind facility means a wind facility, where the primary use of the facility is electrical generation to be sold to the wholesale electricity markets. The term "commercial wind facility" means more than 50 percent of the electrical generation of the facility is sold to the wholesale electricity markets.

Community wind facility means a wind facility, where two or more abutting landowners use their property or adjacent property to construct a wind turbine, where the primary use of the facility is electrical generation to be used by the landowners.

Freestanding wind facility means a wind facility, not located on an existing structure, including, but not limited to, businesses and residential homes.

Height means the height of a wind turbine measured from natural grade to the tip of the rotor blade at its highest point, or blade-tip height.

Municipal wind facility means a project initiated by the local government whose primary purpose is to provide power for municipal uses.

Nonfreestanding (attached) wind facility means a wind facility, which is situated upon or attached to a building or other structure, including, but not limited to, businesses and residential homes.

Off-site wind facility means a wind project, which is located on a lot adjacent to, abutting or connected with, by power lines to a commercial, industrial, agricultural, institutional or public facility that will consume more than 50 percent of the electricity generated by the project off site.

On-site wind facility means a wind project, which is located at a commercial, industrial, agricultural, institutional or public facility that will consume more than 50 percent of the electricity generated by the project on site.

Rated nameplate capacity means the maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a nameplate on the equipment.

Residential wind facility means a wind facility, where the primary use of the facility is electrical generation to be used by a single residence.

Special permit granting authority means the zoning board of appeals for the issuance of special permits, or by this section for the issuance of special permits to construct and operate wind facilities.

Structure means any construction, erection, assemblage or other combination of materials upon the land, necessitating pilings, footings or a foundation for attachment to the land to give support or shelter, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, fence of more than six feet in height, platform, swimming pool, wind facility or the like.

Utility-scale wind facility means a commercial wind facility, where the primary use of the facility is electrical generation to be sold to the wholesale electricity markets.

Wind facility means all equipment, machinery and structures utilized in connection with the conversion of wind to electricity. The term "wind facility" includes, but is not limited to, transmission, distribution, storage, collection and supply equipment, substations, transformers, service and access roads, and one or more wind turbines.

Wind farm means a group of two or more wind facilities located on the same or adjacent lots, where the primary use of the facility is electrical generation to be sold to the wholesale electricity markets.

Wind turbine means 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)

General requirements.

(1)

Special permit granting authority. No wind facility shall be erected, constructed, installed or modified as provided in this section without first obtaining a special permit from the zoning board of appeals. 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 this subsection and subsections (d) through (f) of this section. All such wind energy 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 zoning board of appeals finds in writing that:

a.

The specific site is an appropriate location for such use;

b.

The use is not expected to adversely affect the neighborhood;

c.

There is not expected to be any serious hazard to pedestrians or vehicles from the use;

d.

No nuisance is expected to be created by the use; and

e.

Adequate and appropriate facilities will be provided for the proper operation of the use.

Such permits may also impose reasonable conditions, safeguards, and limitations on time and use and may require the applicant to implement all reasonable measures to mitigate unforeseen adverse impacts of the wind facility, should they occur. 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. Such towers must be removed after one year in accordance with the removal procedures described in subsection (h)(1) of this section.

(2)

Compliance with laws, ordinances and regulations. The construction and operation of all such proposed wind facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, environmental, electrical, communications, and aviation requirements.

(3)

Proof of liability insurance. The applicant shall be required to provide evidence of comprehensive/commercial general 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. Special permits shall be conditioned upon receipt of insurance certificates proving the applicants insurance coverage and shall be provided to the special permit granting authority.

(4)

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.

(d)

General siting standards.

(1)

Height. The applicant for a permit to build a wind facility must obtain an airspace obstruction report and opinion letter from a qualified consultant prior to submitting an application to the zoning board of appeals. This report must specifically state the height of the proposed wind facility. Wind facilities shall be no higher than 200 feet above the current grade of the land, provided that wind facilities may exceed 200 feet if:

a.

The applicant demonstrates by substantial evidence that such height reflects wind industry standards for a similarly sited wind facility;

b.

The facility satisfies all other criteria for the granting of a special permit under the provisions of this section.

(2)

Setbacks.

a.

Established. Wind facilities shall be set back a minimum of three-fourths or 0.75 times the overall blade tip height of the wind turbine from front, side and rear property lines, and all occupied structures. A setback from a common property line shall not be required when the abutters are joint owners (community wind facility) of the wind facility or when the abutting owners grant an easement to the owner of the wind facility. Joint/community wind facilities must be set back three-fourths or 0.75 times the overall blade tip height of the wind turbine from all occupied structures whether on site or on abutting parcels.

b.

Waiver. The zoning board of appeals may reduce the minimum setback distance as appropriate based on site-specific considerations, if the project satisfies all other criteria for the granting of a special permit under the provisions of this section.

(e)

Design standards.

(1)

Color and finish. The zoning board of appeals shall have discretion over the turbine color, although a neutral, nonreflective exterior color designed to blend with the surrounding environment is encouraged.

(2)

Lighting and signage.

a.

Lighting. Wind turbines shall be lighted only if required by the Federal Aviation Administration. 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.

b.

Signage. Signs on the wind facility shall comply with the requirements of the section 34-109, and shall be limited to:

1.

Those necessary to identify the owner, providing a 24-hour emergency contact number, and warn of any danger;

2.

Educational signs providing information about the facility and the benefits of renewable energy.

c.

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.

d.

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 but shall be screened from view by vegetation or fencing, as approved by the zoning board of appeals.

(3)

Appurtenant structures. All appurtenant structures to such wind facilities shall be subject to reasonable 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 the housing of equipment for the particular site. Whenever reasonable, structures should be screened from view by vegetation or fencing and/or located in an underground vault and joined or clustered to avoid adverse visual impacts.

(f)

Safety, aesthetic and environmental standards.

(1)

Emergency services. The applicant shall provide a copy of the project summary and site plan to the city emergency management department. Upon request the applicant shall cooperate with the city's public safety department to develop an emergency response plan.

(2)

Shadow/flicker. Wind facilities shall be sited in a manner that minimizes 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 through either siting or mitigation.

(3)

Noise. The wind facility shall be certified by the manufacturer to meet the following maximum noise levels at ground level, as measured on the A scale of a type 1 sound level meter, at a point 100 feet from the tower base, with the wind speed averaging 30 miles per hour or less:

Prior to the wind facility being built sound level measurements shall be taken and measured on the A scale using a type 1 sound level meter. During the daytime hours (8:00 a.m. to 7:00 p.m.), the wind facility shall not exceed L90 65 dB(A). During evening hours (7:00 p.m. to 8:00 a.m.), the wind facility shall not exceed L90 55 dB(A). These criteria are measured both at the property line and at the nearest inhabited residence. An analysis prepared by a qualified engineer shall be presented to demonstrate compliance with these noise standards.

(4)

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 as otherwise prescribed by applicable laws, regulations, and other ordinances.

(g)

Monitoring and maintenance.

(1)

Facility conditions.

a.

The applicant shall maintain the wind facility in good conditions. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures.

b.

A comprehensive maintenance plan shall be submitted to the city with the application for special permit. Every year starting the year the wind facility is constructed, the wind facility will be inspected by a certified engineer qualified to make determinations about structural integrity, blade integrity, and all problems associated with wind facility operations. The cost of the inspection shall be at the expense of the developer or owner of the wind facility. A copy of the report shall be submitted to the inspectional services department.

c.

Site access shall be maintained to a level acceptable to the local fire chief or designee. 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.

(2)

Modifications. All modifications to a wind facility made after issuance of the special permit shall require approval by the special permit granting authority as provided in this section.

(h)

Abandonment or decommissioning.

(1)

Removal requirements.

a.

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's department of planning and development by certified mail of the proposed date of discontinued operations and plans for removal. The owner/operator shall, at the owner/operator's own expense, physically remove the wind facility no more than 150 days after the date of discontinued operations. Removal shall comply with all inspectional service department codes, regulations and standards.

b.

At the time of removal, the wind facility site shall be restored to the state it was in before the facility was constructed. More specifically, decommissioning shall consist of:

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 revegetation of the site as necessary to minimize erosion. The special permit granting authority may allow the owner to leave landscaping or designated below grade foundations in order to minimize erosion and disruption to vegetation.

(2)

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 special permit granting authority. The special permit granting authority 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 city shall have the authority to enter the property and physically remove the facility.

(3)

Financial surety. The special permit granting authority may require the applicant for utility-scale wind facilities to provide 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, of an amount and form determined to be reasonable by the special permit granting authority, 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 applicant. 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.

(i)

Term of special permit. The term of the special permit shall be at the discretion of the special permit granting authority. The time period may be extended or the permit renewed by the special permit granting authority upon satisfactory operation of the facility. Request for renewal must be submitted at least 180 days prior to expiration of the special permit. Submitting a renewal request shall allow for continued operation of the facility until the special permit granting authority acts. At the end of the period (including extensions and renewals), the wind facility shall be removed as required by subsection (h)(1) of this section.

(j)

Application process and requirements.

(1)

Application procedures. The application for a wind facility shall be filed in accordance with the rules and regulations of the special permit granting authority concerning special permits. Each application for a special permit shall be filed by the applicant with the city clerk pursuant to M.G.L. c. 40A, § 9.

(2)

Required documents. The applicant shall provide the special permit granting authority with five copies of the application. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in the state. Included in the application shall be:

a.

The name, address, phone number and signature of the applicant, as well as all coapplicants or property owners, if any;

b.

The name, contact information and signature of any agents representing the applicant;

c.

Documentation of the legal right to use the wind facility site, including the requirements set forth in subsection (j)(3)b of this section; and

d.

A copy of a wind study prepared by a qualified engineer, showing at a minimum:

1.

The proposed location of the facility;

2.

The average wind speeds for the proposed site; and

3.

The potential energy generation based on the wind conditions.

(3)

Siting and design. The applicant shall provide the special permit granting authority with a description of the property which shall a accompany a copy of a portion of the most recent USGS quadrangle map, using an appropriate scale, showing the proposed facility site, including turbine sites, and the area within at least two miles from the facility. The zoning district designation for the subject parcel should be included; however, a copy of a zoning map with the parcel identified is suitable.

a.

Site plan. A one inch equals 200 feet plan, of the proposed wind facility site, with contour intervals of no more than ten feet, showing the following:

1.

Property lines for the site parcel and adjacent parcels within 300 feet;

2.

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;

3.

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;

4.

Existing areas of tree cover, including average height of trees, on the site parcel and adjacent parcels within 300 feet;

5.

Proposed location and design of wind facility, including all turbines, ground equipment, appurtenant structures, transmission infrastructure, access, fencing, exterior lighting, etc.; and

6.

Location of view points referenced in subsection (j)(3)b of this section.

b.

Visualizations. The planning and building departments shall select between three and six sight lines, including from the nearest building with a view of the wind facility, for preconstruction and post-construction view representations. Sites for the view representations shall be selected from populated areas or public ways within a two-mile radius of the wind facility. View representations shall have the following characteristics:

1.

View representations shall be in color and shall include actual preconstruction photographs and accurate post-construction simulations of the height and breadth of the wind facility (e.g., superimpositions of the wind facility onto photographs of existing views);

2.

All view representations will include existing, or proposed, buildings or tree coverage; and

3.

Include description of the technical procedures followed in producing the visualization (distances, angles, lens, etc.).

(4)

Landscape plan.

a.

The applicant shall submit a plan indicating all proposed changes to the landscape of the site, including temporary of permanent roads or driveways, grading, vegetation location, vegetation clearing and planting, exterior lighting, other than FAA lights, screening vegetation or structure.

b.

Vegetation location shall include the size, species and number of the existing vegetation and shall include a maintenance plan that includes replacement in-kind of all plantings that die or are damaged.

c.

Lighting shall be designed to minimize glare on abutting properties and except as required by the FAA be directed downward with full cutoff fixtures to reduce light pollution.

(5)

Operation and maintenance plan. The applicant shall submit a plan for maintenance of access roads and stormwater controls as well as general procedures for operational maintenance of the wind facility.

(6)

Compliance documents. If required under previous sections of this chapter, the applicant will provide with the application:

a.

A description of financial surety that satisfies subsection (h)(3) of this section;

b.

Proof of liability insurance that satisfies subsection (c)(3) of this section;

c.

Certification of height approval from the FAA;

d.

A statement that satisfies subsection (f)(3) of this section, listing existing and maximum projected noise levels from the wind facility;

e.

An ice throw prediction report prepared by a qualified engineer; and

f.

A blade throw prediction report prepared by a qualified engineer.

(7)

Independent consultants. Upon submission of an application for a special permit, the special permit granting authority will be authorized to hire outside consultants, pursuant to M.G.L. c. 44, § 53G. As necessary, the applicant may be required to pay not more than 50 percent of the consultant's costs.

(Ord. of 6-20-2005, § 6.1)

(a)

Removal. The removal from any premises of more than ten cubic yards of sod, loam, sand, gravel or quarried stone in any one year shall be prohibited except when incidental to and in connection with the construction of a building or street or other activity authorized by this chapter, and when such removal is authorized by and a permit is granted by the inspector of buildings and zoning enforcement officer.

(b)

Filling. Any landfill operations within established floodplains shall be undertaken only in conformance with the provisions of M.G.L. c. 131, § 40.

(c)

Demolition materials. All sod, loam, sand, gravel, quarried stone, dredge material, construction materials, materials from demolished structures or other such materials moved, removed, dredged, dug or quarried from, or brought into the city for disposal, temporary storage, or for use as fill shall be certified by the building inspector and zoning enforcement officer as to the quality of the material and the location where it will be deposited, in or out of the city, and shall be recorded with the department of inspectional services.

(Ord. of 6-20-2005, § 6.2)

(a)

Purpose. The purpose of this section is to provide by special permit for the construction and operation of adult entertainment establishments; to regulate sexually oriented businesses in order to promote health, safety, and welfare of the residents of the city; and to address the adverse secondary effects of adult entertainment establishments on the community as determined in public hearings by the planning board and the city council. Both public bodies relied on evidence of the city's long standing history of criminal activity that emanated from adult use establishments, and the adverse secondary effects found in the court cases, including but not limited to City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Erie v. Pap's A.M., TDA "Kandyland", 529 U.S. 277 (2000), Showtime Entm't, LLC v. Town Of Mendon, 472 Mass. 102, 107, 32 N.E.3d 1259, 1264 (2015); Baby Dolls Topless Saloons, Inc. v. City of Dallas, 295 F. 3d 471 (5 ^th Cir. 2002); and Ben's Bar Inc., v. Village of Somerset, 316 F. 3d 702 (7 ^th Cir. 2003).

(b)

Findings. The city council has reviewed studies in other communities including but not limited the City of New Orleans "Adult Live Performance Venues Study" (Sept. 2016), a 2013 study by Harvard University Law School John M. Olin Fellow study; a 1997 City of Houston review and findings as to sexually oriented businesses. Based on these findings and others, the city council has determined that regulating adult entertainment establishments will combat the secondary effects of such as increases in the need for public safety, minimize impacts on residential neighborhoods of the city, minimize adverse impacts on the quality of life and provide adequate assurance for the management and security of the establishments. The city council has further determined that the adult entertainment establishments are associated with adverse secondary effects including, but not limited to property crimes, prostitution, public intoxication and indecency, obscenity, urban blight, litter and gang activity. This determination is based on the reports and presentation from the Chelsea Police Department.

The city further finds that the deleterious secondary effects of adult entertainment establishments were exacerbated by the remote, poorly lit conditions in the industrial zone of the city, and that such establishments are incompatible with residential zones in the city, and that the business highway zone and shopping center zone are the most appropriate zones for such establishments because the lighting, proximity to law enforcement, and public visibility in such zones all function to decrease the deleterious secondary effects.

(c)

Applicability. This section applies to any adult entertainment establishment as defined in this zoning ordinance [from which this section derives].

(d)

Definitions. The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult entertainment establishments shall include adult bookstores, adult motion picture theaters, adult paraphernalia stores, adult video stores, or establishments which display live nudity for their patrons as defined by M.G.L. c. 40A, § 9A Chapter 40A, as amended.

Special permit granting authority means the zoning board of appeals for the issuance of special permits.

(e)

Procedures. Any applicant seeking to operate or construct an adult use establishment/facility shall first obtain a special permit from the City of Chelsea Zoning Board of Appeals ("special permit granting authority"). Applications for shall include a site plan and be filed in accordance with the rules and regulations of the special permit granting authority concerning special permits.

In accordance with section 34-217, special permits, the applicant shall provide the special permit granting authority with 17 copies of the application. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in the state.

Applications shall include the name and address of the legal owner of the establishment/facility, together with the names and addresses of all persons having any direct or indirect ownership or security interest in the establishment/facility. Applications shall include the name and residential address of operator of the establishment/facility.

(f)

General requirements. The construction or operation of an adult use shall be permitted in the BH and SC districts by the issuance of a special permit pursuant to these zoning ordinances. Special permits shall be granted by the special permit granting authority, unless otherwise specified herein, only upon its written determination that the benefit to the city and the neighborhood outweigh the adverse effects of the proposed use, taking into account the characteristics of the site and of the proposal in relation to that site.

In addition to specific factors set forth above, all such adult entertainment establishments shall be constructed and operated in a manner that minimizes any adverse visual, safety and environmental impacts, and issued pursuant to section 34-214(b) of this zoning [chapter]. The zoning board of appeals may impose reasonable conditions to insure the location and operation of the adult entertainment establishment is consistent with the City of Chelsea zoning ordinances.

The special permits may also impose reasonable conditions, safeguards, and limitations on time and use and may require the applicant to implement all reasonable measures to mitigate unforeseen adverse impacts of the adult entertainment establishments such as safety and noise, should they occur.

All operations and construction of adult entertainment establishments shall be in compliance with laws, licensing rules, ordinances and regulations at all times.

The term of the special permit shall be at the discretion of the special permit granting authority but shall not be greater than five (5) years. The time period may be extended or the permit renewed by the special permit granting authority upon a determination that the operation of the adult entertainment establishment has been conducted in accordance with the special permit. Request for a renewal must be submitted at least 180 days prior to the expiration of the special permit. Submitting a renewal request shall allow for the continued operation of the establishment until the special permit granting authority acts. At the expiration of the permit term (including extensions and renewals), the adult entertainment establishment the use will no longer be permitted.

All adult entertainment establishments facilities or establishments shall have reasonable sound barriers from any adjacent parcel that is used for residential purposes.

All adult entertainment facilities or establishments shall not operate before noon and shall cease operations no later than 1:00 p.m.

(Ord. of 9-11-2017)