Dartmouth City Zoning Code
ARTICLE 40
Residential Wind Turbine By-Law
§ 375-40.1 Purpose and intent.
A.
This Bylaw is intended to encourage the appropriate development of wind resources by residents of the Town of Dartmouth in a manner consistent with preserving the environmental quality of the Town. This By-law pertains to land-based Residential-size wind energy conversion facilities, as defined below. This Bylaw also governs the installation of wind monitoring or meteorological towers. Article 41 of the Zoning Bylaws pertains to Commercial-size wind energy conversion facilities, as defined below. Article 42 of the Zoning Bylaws pertains to Municipal wind energy conversion facilities, as defined below.
B.
Given the Town's location on the South Coast in a generally favorable wind environment, there needs to be a set of procedures for review and approval of proposed Commercial-size wind energy conversion projects so that the potential of the wind can be realized in an expeditious and responsible manner.
§ 375-40.2 Definitions.
Area surrounding a wind turbine to be kept free of residences or places of business as determined by the Special Permit Granting Authority. See § 375-40.3C(2)(b).
A wind energy conversion facility (WECF) having a rated electrical power output greater than 10 kilowatts, other than a Municipal WECF as defined below. (Commercial-size WECFs are not covered by this By-law; see Article 41 of the Zoning Bylaws.)
Energy generation that is located at or near the end-user.
Horizontal-axis wind turbine.
The height of a HAWT measured from the natural grade at the base of the tower to the tip of a blade at its highest point, or the maximum height of a vertical-axis wind turbine (VAWT).
The height of a HAWT measured vertically from the natural grade at the base of the tower to the centerline of the rotor.
A wind energy conversion facility (WECF) located on Town-owned property designed to provide at least 50% of its electrical output, or of the value thereof, for the use or benefit of the Town of Dartmouth and without regard to the ownership of the structure or equipment. (Municipal WECFs are not covered by this Bylaw; see Article 42 of the Zoning By-Laws.)
The frame and housing at the top of a HAWT tower that encloses the gearbox, generator, and other accessories, and protects them from the weather.
A wind energy conversion facility (WECF) having a rated electrical power output equal to or less than 10 kilowatts, other than a Municipal WECF as defined above.
The blades and hub of the wind turbine that rotate during turbine operation.
The Special Permit Granting Authority (SPGA) for the Town of Dartmouth shall be the Select Board of the Town and shall have the authority to issue Special Permits for wind energy conversion facilities.
The group designated in § 375-40.8A of this bylaw with the authority to review applications for Special Permits for wind energy conversion facilities and to make recommendations on such applications to the SPGA.
The structure that supports the turbine, rotor, generator, and accessory equipment. The tower may be a monopole or lattice design, with or without guy wires depending on the height and other factors.
Vertical-axis wind turbine; sometimes called a Darrieus-type wind turbine.
The distance measured at grade from the center of the base of the tower to the nearest property line.
All equipment, machinery and structures used in connection with the conversion of wind energy to electricity. This includes, but is not limited to, all transmission, storage, collection and supply equipment, substations, network of cabling, transformers, site-access and service roads, and machinery associated with its use. A wind energy conversion facility may consist of one or more wind turbines.
Tower used for supporting anemometers, wind vanes and other equipment to assess the wind resource at set heights above the ground.
Any electromechanical device that converts kinetic energy of the wind into rotational energy to turn an electrical generator shaft. Wind turbine facilities usually consist of a horizontal-axis rotor, nacelle and supporting tower (HAWTs). Both HAWTs and vertical-axis wind machines (VAWTs) of residential size are covered by this bylaw.
§ 375-40.3 Use regulations; site control; dimensional requirements.
A.
Use regulations. All WECFs shall require a Special Permit from the Special Permit Granting Authority, defined as the Select Board. Subsequently, a building permit shall be required for all WECFs in accordance with the Special Permit and the standards of this bylaw. Wind monitoring towers shall require a building permit.
(1)
Residential-size WECF. The construction of any residential-size WECF shall be allowed in all zoning districts of the Town, subject to the issuance of a Special Permit by the SPGA, and provided the proposed use complies with all Dimensional and Special Permit Regulations set forth under §§ 375-40.3 and 375-40.4 of this bylaw (unless waived by the SPGA).
(2)
Wind monitoring or meteorological towers. Wind monitoring or meteorological towers shall be allowed in all zoning districts of the Town subject to issuance of a building permit for a temporary structure. No electrical or telephone wires, except those underground, can be closer to the tower than a distance equaling 1.5 times the height of the tower.
B.
Site control. The applicant shall submit documentation of the legal right to install and use the proposed facility at the time of application for a Special Permit. Documentation should also include proof of control over the clear areas, if required under Subsection C(2). "Control" shall mean the legal authority to prevent the use of any structure within the clear area for a residence or place of business.
C.
Dimensional requirements. All WECFs shall comply with the requirements set forth in this section, unless those requirements are explicitly waived by the SPGA as part of the Special Permit review process.
(1)
Height. The height of any residential-size WECF shall be constrained by the WECF-setback requirement as described in Subsection C(2)(b) which must accommodate the dimensions of the applicant's property, and the clear area requirement, as stated in Subsection C(2)(c), if applicable. The SPGA may allow this height to be exceeded as part of the Special Permit process if the project applicant can demonstrate that the additional height is needed and that the additional benefits of the higher tower outweigh any increased adverse impacts. However, in no case shall the total height of the WECF exceed 165 ft (50 m).
(2)
WECF-setback and clear area.
(a)
Each WECF and its associated equipment shall comply with the building setback provisions of the zoning district in which the facility is located.
(b)
In order to ensure public safety and to protect the interests of neighboring property owners, a setback shall be required from the nearest property line to the center of the base of the tower equal to the total height of the WECF. This is the WECF-setback requirement.
(c)
In the case of a residential-size WECF intended for a non-residential site, the applicant shall be required to maintain a clear area free of all structures containing residences or places of business as determined by the Special Permit Granting Authority. The clear area shall comprise the area of a circle centered on the center of the tower and having a radius equal to the total height of the WECF. This is the clear area requirement. The SPGA may reduce the clear area requirement at its discretion, based on site-specific considerations, if the project is otherwise consistent with the Special Permit Granting Regulations.
§ 375-40.4 Special permit granting regulations.
The SPGA shall grant a Special Permit for a residential WECF only if it finds that the proposal complies with the provisions of this bylaw or has explicitly been granted waivers from those provisions.
A.
General. Proposed WECFs shall be consistent with all applicable Town, state and federal requirements, including, but not limited to, all applicable electrical, construction, noise, safety, environmental and communications requirements.
B.
Visual impact. The applicant shall minimize any impact on the visual character of surrounding neighborhoods and the community by painting the WECF a non-reflective color that blends with the surroundings.
C.
Equipment shelters. All equipment necessary for monitoring and operation of the WECF should be secured within the wind turbine tower or base. If this is infeasible, ancillary equipment may be located outside the tower or base, provided such equipment is either contained within an underground vault, enclosed within a separate structure, or hidden behind a year-round landscape or vegetated buffer.
D.
Lighting and signage. Unless required by the Federal Aviation Administration (FAA), wind turbines shall not be lighted on a continuous basis. The WECF shall be free of all company logos, advertising, and similar promotional markings. Signs on the facility shall be limited to those needed to warn of any danger; and educational signs providing information on the technology. All signs shall comply with the requirements of the Town's sign regulations.
E.
Noise. The WECF shall conform to Massachusetts noise regulations (310 CMR 7.10).
§ 375-40.5 Modifications.
All modifications to a WECF made after issuance of the Special Permit shall require approval by the SPGA.
§ 375-40.6 Maintenance.
A.
Maintenance requirement. The applicant shall maintain the WECF in good condition. Such maintenance shall include, but not be limited to, painting, maintaining the structural integrity of the foundation, support structure and security barrier (if applicable), and maintenance of the buffer areas and landscaping, if present.
§ 375-40.7 Term of special permit.
A.
A Special Permit issued for the construction or operation of any WECF shall be valid for 20 years, unless extended or renewed. Upon request, the SPGA may extend the time period or renew the Special Permit, if there has been satisfactory operation of the facility.
B.
Any Special Permit issued under this Bylaw shall lapse within one year from the grant thereof if construction has not sooner commenced except for good cause. In such a case, a new application process must be undertaken before the WECF can proceed.
C.
Upon expiration or termination of the Special Permit, the WECF shall be removed by the applicant.
§ 375-40.8 Application procedures.
A.
Technical Research Group (TRG). The SPGA shall designate a Technical Research Group (TRG) composed of seven members: (1) a Town Engineer (DPW), (2) a member of the Town Planning Board, (3) a member of the Town Zoning Board of Appeals, (4) a member of the Town Alternative Energy Committee, and (5) a member of the Town Board of Health, (6) a member of the Town Board of Assessors, (7) a member-at-large. In the case of members (2) through (6) inclusive, each individual shall be appointed by his or her respective Board or Committee. The member-at-large shall be appointed by the Town Select Board. The members shall serve staggered three-year terms and may be reappointed.
B.
Pre-application conference. Prior to the submission of an application for a Special Permit under this regulation, the applicant is strongly encouraged to meet with the TRG at a public meeting to discuss the proposed WECF in general terms and to clarify the filing requirements. The TRG shall meet with an applicant under this provision within 21 days following a written request for pre-application conference submitted to the SPGA and the Town Clerk. If the TRG fails to hold the pre-application conference within 21 days of the request and said conference has not been postponed due to mutual agreement, the applicant may proceed with a Special Permit application under this Bylaw without need for a pre-application conference.
C.
Pre-application filing requirements. The purpose of the pre-application conference is to inform the TRG as to the general nature of the proposed WECF. As such, no formal filings are required to be presented at the pre-application conference. However, the applicant is encouraged to prepare sufficient preliminary drawings or to present manufacturer's drawings and specifications to inform the TRG of the location and overall design of the proposed facility, as well as its scale, noise levels, and proximity to abutting residential structures.
D.
Professional fees. The Town may retain a technical expert/consultant, pursuant to MGL Chapter 44, Section 53G, to verify information presented by the applicant during the pre-application conference. The cost for such a technical expert/consultant, if needed, will be at the expense of the applicant.
E.
Application filing requirements. The following shall be included with an application for a Special Permit for each WECF:
(1)
Name, address, telephone number, and original signature (photo-reproductions of signatures will not be accepted) of applicant and any co-applicants. Co-applicants may include the landowner of the subject property or the operator of the WECF.
(2)
If the applicant or co-applicant will be represented by an agent, the name, address and telephone number of the agent shall be provided as well as an original signature authorizing the agent to represent the applicant and/or co-applicant. Photo-reproductions of signatures will not be accepted.
(4)
If the property is to be leased or subject to an easement, the applicant shall provide a copy of the lease or easement instrument.
(5)
Identification of the subject property by including the name of the nearest road or roads, and street address, if any;
(6)
Assessors map and parcel number of subject property;
(7)
Zoning district designation for the subject parcel with a separately submitted locus map;
(8)
Residential applicants shall submit a line map, drawn to scale, showing the lot lines of the subject property. All non-residential applicants shall submit a line map, drawn to scale, showing all properties within 200 feet of the property lines as well as the location of all buildings, including accessory structures, on all properties shown.
(9)
A one-inch-equals-forty-feet vicinity plan, signed and sealed by a Professional Land Surveyor showing the following:
(a)
Property lines for the subject property (for residential applicants), and all properties adjacent to the subject property within 200 feet (for non-residential applicants).
(b)
Proposed location of WECF, including all turbines, fencing, associated ground equipment, transmission infrastructure and access roads.
(c)
For non-residential applicants, the outline of all existing buildings, including their purpose(s) (e.g., residential buildings, garages, accessory structures, etc.) on the subject property and all adjacent properties within 200 feet, and the distances, at grade, from the proposed WECF to each building on the vicinity plan shall be shown.
(10)
Specifications for the proposed WECF shall be provided for all equipment and attendant facilities.
(11)
Materials of the proposed WECF shall be specified by type and specific treatment. This information shall be provided for the wind turbine tower and all other proposed equipment/facilities.
(12)
Colors of the proposed WECF shall be represented by a color board showing actual colors proposed.
(13)
A noise performance guarantee from the WECF manufacturer shall be sufficient to demonstrate compliance with the noise standards of Massachusetts noise regulations (310 CMR 7.10) and consistency with Massachusetts Department of Environmental Protection guidance for noise measurement.
(14)
To ensure safe operation of the WECF, the applicant shall provide a statement from the wind turbine manufacturer giving the recommended maintenance procedures and schedule, and a declaration by the applicant to follow said schedule.
(15)
The SPGA may require additional information and data from the applicant.
F.
Adjudication of special permit applications.
(1)
The TRG shall make a formal recommendation to the SPGA regarding each application for a Special Permit for a WECF. A positive recommendation from the TRG shall require four affirmative votes of the TRG. All matters before the TRG shall be decided by four votes.
(2)
An application for a Special Permit for a WECF to the SPGA shall require four affirmative votes of the SPGA for approval. All matters before the SPGA shall be decided by four votes.
§ 375-40.9 Change of owner.
Once a Special Permit for a residential WECF has been approved, the applicant shall duly record a copy of the Special Permit with the Bristol County Registry of Deeds. All subsequent deeds to the property shall refer to the Special Permit and incorporate it by reference. All conditions under which the Special Permit was originally granted shall be binding on all successive owners of the property.
§ 375-40.10 Severability.
The provisions of this Bylaw are severable. If any provision of this Bylaw is held invalid, the other provisions shall not be affected thereby. If the application of this Bylaw or any of its provisions to any person or circumstance is held invalid, the application of this Bylaw and its provisions to other persons and circumstances shall not be affected thereby.