Cohasset City Zoning Code
ARTICLE 10
Alternative Energy & Climate Resiliency
[Amended 6-3-2024 ATM by Art. 16[1]]
[1]
Editor's Note: This bylaw also redesignated former Art. 10, Resident Cluster Development District, as § 300-9.2 of this chapter.
§ 300-10.1 Wind energy.
[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.
Definition supplements. As used in this article, the following terms shall have the meanings indicated:
AMBIENT
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.
LARGE TURBINE
A wind energy conversion facility with an electricity generating capacity of 500 kilowatts or more.
NACELLE
The frame and housing at the top of the tower that encloses the gearbox and generators and protects them from the weather.
RESIDENCE
A shelter (as a house) in which people live (can include commercial apartments/living facilities).
ROTOR
The blades and hub of the wind turbine(s) that rotate during turbine operation.
SETBACK
Setback distances shall be measured from the base of the turbine tower to the property line.
SIZE
Only wind turbines greater than 500 kilowatts are covered by this bylaw.
SPECIAL PERMIT GRANTING AUTHORITY (SPGA)
The Planning Board is the special permit granting authority for wind energy conversion facilities.
TOTAL HEIGHT
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
Tower height shall be measured from the base of the turbine tower at pre-construction grade to the highest point of the nacelle.
WIND ENERGY CONVERSION FACILITY
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.
WIND MONITORING OR METEOROLOGICAL ("TEST" or "MET") TOWERS
Tower used for supporting anemometer, wind vane and other equipment to assess the wind resource at a predetermined height above the ground.
WIND TURBINE
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.
WIND TURBINE FLICKERING
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.
§ 300-10.2 Solar energy.
[Added 5-2-2015 ATM by Art. 20; amended 4-30-2018 ATM by Art. 19; 5-24-2021 ATM by Art. 21; 12-9-2024 STM by Art. 11]
A.
Purpose and intent.
(1)
The purpose of this section is to allow the installation, operation, maintenance and decommissioning of ground-mounted solar photovoltaic (GMSP) arrays as a permitted use to provide standards for the placement, design, construction, operation, monitoring, modification, maintenance and decommissioning of such installations, to establish the process and procedures for review and approval of an installation, to address public safety, minimize impacts on scenic, natural and historic resources, and provide adequate financial assurance for the installation, operation, maintenance and decommissioning of GMSP installations.
(2)
The requirements set forth in this section shall establish the set of standards that apply to the construction, operation, maintenance, and decommissioning of GMSP installations and the process and procedures for site plan review and approval of an application for a GMSP installation.
Consistent with the Commonwealth's Green Communities Act (Chapter 169 of the Acts of 2008), the use of solar energy generating facilities is encouraged and regulated as follows.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
AS-OF-RIGHT SITING
Development may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. As-of-right development shall be subject to solar photovoltaic installation site plan review to determine conformance with the Town's Zoning Bylaw. Projects subject to solar photovoltaic installation site plan review that comply with the Town's Zoning Bylaw cannot be prohibited but can be reasonably regulated by the site plan review authority.
GROUND-MOUNTED SOLAR PHOTOVOLTAIC (GMSP) INSTALLATION
A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum nameplate capacity of 250 kW DC and a minimum area of one acre.
NAMEPLATE CAPACITY
The maximum rated output of the electric power production of the photovoltaic system in direct current (DC).
SITE PLAN REVIEW AUTHORITY (SPRA)
The Cohasset Planning Board is the SPRA for GMSP installations.
SOLAR PHOTOVOLTAIC INSTALLATION SITE PLAN REVIEW
A review and approval by the site plan review authority (SPRA) to determine conformance with the Town's Zoning Bylaw.
C.
Large Ground-Mounted Solar Photovoltaic Installations.
(1)
GMSP installations may be permitted as set forth herein on any lot located in the 3A-C District of at least one acre in size by special permit and site plan review of the Planning Board.
(2)
The construction, installation, operation, maintenance, decommissioning and interconnection with an electricity distribution utility of GMSP installations 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. No GMSP installation shall be constructed, installed or modified without first obtaining a building permit.
(3)
No GMSP installation shall be constructed, installed or modified without first obtaining a special permit and site plan review by the Planning Board, as indicated under the Table of Principal Uses, in a combined proceeding. In accordance with Section 22(c) of the Massachusetts Green Communities Act, the review process shall be expedited, and no decision shall be rendered more than one year after the date of filing of a complete application.
D.
Special Permit and Site Plan Review Application and plan requirements.
(1)
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.
(2)
The applicant shall follow the site plan review policies and procedures as defined by § 300-12.7 of this Zoning Bylaw and the Planning Board's Regulations.
(3)
Special permit criteria: In acting upon an application for a GMSP installation, the Planning Board shall apply the requirements set forth in § 300-12.5 of this Zoning Bylaw as well as the following criteria:
(a)
The proposed GMSP installation's resistance to extreme wind, temperature, snow, ice, rain, and humidity conditions;
(b)
Glare shall be mitigated at the applicant's expense by the placement of fencing, vegetation or other means as reasonably required by the Planning Board;
(c)
Proposed security measures, including but not limited to, the GMSP installation shall be enclosed by suitable fencing, access gates and/or other barriers to prevent unauthorized access and shall contain closed circuit cameras and motion detectors for security if required by the Planning Board;
(d)
To the maximum extent practical, all utilities' connections to the external electricity distribution network and lighting system shall be underground;
(e)
All electrical installation shall be done by licensed, certified electricians. The Planning Board reserves the right to retain, at applicant's expense, a licensed, certified electrician/engineer with experience in GMSP facility construction to inspect and approve the installation prior to the GMSP facility being placed into service or to require the applicant to provide a similar report certified by a licensed, certified electrician/engineer with experience in GMSP facility construction;
(f)
The adequacy of the applicant's plans to address public safety and fire suppression;
(g)
The adequacy of the applicant's proposed operations and maintenance plan for the GMSP installation, including provisions for:
[1]
Maintaining safe access to the installation;
[2]
Stormwater controls;
[3]
Plans for monitoring, maintaining, repairing and replacing damaged or inoperative equipment, fencing, screening, and vegetation; and
[4]
Snow and ice removal.
E.
Dimension and density requirements.
(1)
Structures. GMSP installations and all appurtenant structures to ground-mounted solar photovoltaic installations shall, to the extent not otherwise covered in this section, be subject to the restrictions concerning the bulk and height of structures, lot area, setbacks, open space, and building coverage requirements set forth in this Zoning Bylaw for the zoning district in which the GMSP is located, provided that only one parking space shall be required per GMSP installation and the GMSP installation may cover up to 70% of any lot, provided other setback requirements are met.
(2)
The maximum height from grade to the top of the ground-mounted solar photovoltaic installation shall not exceed 15 feet for each individual solar panel.
(3)
All appurtenant structures, including but not limited to equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. The Planning Board may require that structures be screened from view by vegetation and/or joined or clustered to avoid adverse visual impacts.
