Dartmouth City Zoning Code
ARTICLE 42
Land-Based Municipal Wind Turbine
§ 375-42.1 Purpose and intent.
A.
This Bylaw pertains to land-based Municipal wind energy conversion facilities, as defined below. Article 40 of the Zoning Bylaws pertains to Residential-size wind energy conversion facilities, as defined below. Article 41 of the Zoning Bylaws pertains to Commercial-size wind energy conversion facilities, as defined below.
B.
Given the Town's location on the South Coast in a generally favorable wind environment, this Bylaw provides standards for proposed municipal projects so that the potential of the wind can be realized in an expeditious and responsible manner.
§ 375-42.2 Definitions.
The area of a circle centered on the center of the Tower and having a radius equal to the Total Height as defined below.
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.)
Horizontal-axis wind turbine.
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.
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 business establishment open to the general public, but not including business establishments, operations or plants owned, controlled, operated or managed by the Town of Dartmouth.
A wind energy conversion facility (WECF) having a rated electrical power output less than or equal to 10 kilowatts, other than a Municipal WECF as defined above. (Residential-size WECFs are not covered by this Bylaw; see Article 40 of the Zoning Bylaws.)
The blades and hub of the wind turbine that rotate during turbine operation.
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 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.
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. (Wind monitoring or MET towers are not covered by this Bylaw; see Article 40 of the Zoning Bylaws.)
Any electromechanical device that converts kinetic energy of the wind into rotational energy to turn an electrical generator shaft. Wind turbines usually consist of a horizontal-axis rotor, Nacelle and supporting Tower (HAWTs). Both HAWTs and VAWTs are covered by this Bylaw.
§ 375-42.3 Use regulations; dimensional requirements; other standards.
A.
Use regulations. Municipal WECFs shall be allowed as of right in all districts of the Town, provided the proposed Municipal WECF complies with all Standards set forth in § 375-42.3 of this Bylaw. A building permit shall be required for all Municipal WECFs in accordance with the Standards of this § 375-42.3.
B.
Dimensional requirements. Each Municipal WECF shall comply with the requirements set forth in this subsection.
(1)
Height. The Hub Height shall not exceed 330 ft (100 m).
(2)
Setback and clear area requirements.
(a)
Each Municipal WECF shall comply with the building setback provisions of the zoning district in which the facility is located.
(b)
For HAWTs, the distance from each Tower to the nearest property line shall be at least two times the Hub Height measured at grade from the center of the base of the Tower to the nearest property line.
(c)
For VAWTs, the distance from each Tower to the nearest property line shall be at least two times the Total Height measured at grade from the center of the base of the Tower to the nearest property line.
(d)
The Town shall be required to maintain the Clear Area free of any structure containing a residence or Place of Business.
C.
Equipment shelters. All equipment necessary for monitoring and operation of the Municipal 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), Municipal WECFs shall not be lighted on a continuous basis. Lighting of equipment, structures, and any other facilities on site (except lighting required by the FAA) shall be shielded from abutting properties. Municipal WECFs 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.
E.
Safety standards. No hazardous materials or waste shall be discharged on the site of Municipal WECFs. If any hazardous materials or wastes are to be used on site, the Town shall incorporate provisions for full containment of such materials or waste. An enclosed containment area, designed to contain at least 110% of the volume of the hazardous materials or waste stored or used on the site is required to meet this requirement. Municipal WECFs shall also be designed to prevent unauthorized access (for example, by construction of a fenced enclosure or locked access, anti-climbing provisions, etc.).
F.
Paint. Each Municipal WECF shall be painted a non-reflective color.
§ 375-42.4 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.