Freetown City Zoning Code
ARTICLE IX
Land-Based Wind Energy Facilities
§ 300-9.1 Purpose.
A.
The purpose of this article is to provide standards for the placement, design, construction, operation, monitoring, modification and removal of wind facilities that address public safety, minimize impacts on scenic, natural and historic resources and to provide adequate financial assurance for the eventual decommissioning of such facilities.
B.
The provisions set forth in this article shall take precedence over all other bylaws when considering applications related to the construction, operation, and/or repair of land-based wind energy facilities.
§ 300-9.2 Applicability.
A.
This article applies to all utility-scale and on-site wind facilities proposed to be constructed after the effective date of this article. This article also pertains to physical modifications to existing wind facilities that materially alter the type, configuration, or size of such facilities or related equipment.
B.
This article does not apply to offshore wind systems and private residential power systems.
§ 300-9.3 Definitions.
"As-of-right siting" shall mean that 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 site plan review to determine conformance with local zoning bylaws as well as state and federal law. As-of-right development projects that are consistent with zoning bylaws and with state and federal law cannot be prohibited.
The Inspector of Buildings, Building Commissioner, or local inspector charged with the enforcement of the State Building Code.
The permit issued in accordance with all applicable requirements of the Massachusetts State Building Code (780 CMR).
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.
The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a nameplate on the equipment.
The Planning Board is hereby designated as the site plan review authority to review site plans.
A commercial wind energy facility where the primary use of the facility is electrical generation to be sold to the wholesale electricity markets.
All of the equipment, machinery, and structures, together utilized to convert wind to electricity. This includes, but is limited to, transmission, storage, collection and supply equipment, substations, transformers, service and access roads, and one or more wind turbines.
A temporary tower equipped with devices to measure wind speed and direction, to determine how much electricity a wind energy facility can be expected to generate.
A device that converts kinetic wind energy into rotational energy to drive an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.
The Building Commissioner is the person or board charged with enforcing the Zoning Bylaw within the Town of Freetown.
§ 300-9.4 General requirements for all wind energy facilities.
The following requirements are common to all wind energy facilities to be sited in designated locations:
A.
Compliance with laws, ordinances and regulations. The construction and operation of all such proposed wind energy 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.
B.
Building permit and building inspection. No wind energy system shall be erected, constructed, installed or modified as provided in this article without first obtaining a building permit.
C.
Fees. The application for a building permit for a wind energy system shall be accompanied by the fee required for a building permit.
§ 300-9.5 Site plan review.
No wind energy facility shall be erected, constructed, installed or modified as provided in this article without first undergoing site plan review by the site plan review authority.
A.
General. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts.
B.
Required documents. Pursuant to the site plan review process, the project proponent shall provide the following documents:
(1)
A site plan showing:
(a)
All property lines, physical features, existing and proposed topography at two-foot contour intervals of the site parcel;
(b)
A site plan at a scale of not greater than one inch equals 40 feet and to include a North arrow and locus on the plan;
(c)
Outline of all existing buildings, including purpose (e.g., residence, garage, etc.) on the site parcel and all adjacent parcels, where practical, within 500 feet of the site parcel, including distances from the wind facility to each building shown;
(d)
Location of the proposed tower, foundations, guy anchors, access roads, and associated equipment;
(e)
Location of all existing and proposed roads, both public and private, and including temporary roads or driveways, on the site parcel and adjacent parcels within 500 feet of the site parcel;
(f)
Any existing overhead utility lines;
(g)
Existing areas of tree cover, including average height of trees, on the site parcel and any adjacent parcels within a distance, measured from the wind turbine foundation, of 1.5 times the height of the wind turbine;
(h)
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting (other than FAA lights), screening vegetation or structures;
(i)
Tower foundation blueprints or drawings signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts;
(j)
Tower blueprints or drawings signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts;
(k)
One- or three-line electrical diagram detailing wind turbine, associated components, and electrical interconnection methods, with all National Electrical Code-compliant disconnects and overcurrent devices;
(l)
Documentation of the wind energy facility's manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed), and foundation type/dimensions;
(m)
Name, address, phone number and signature of the applicant, as well as all coapplicants or property owners, if any;
(n)
The name, contact information and signature of any agents representing the applicant; and
(o)
A maintenance plan for the wind energy facility.
(2)
A locus map consisting of a 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; submission of a copy of a Zoning Map with the parcel identified is suitable for this purpose;
(3)
Proof of liability insurance;
(4)
Certification of height approval from the FAA;
C.
The site plan review authority may waive documentary requirements as it deems appropriate.
§ 300-9.6 Site control.
The applicant shall submit documentation of actual or prospective access and control of the project site sufficient to allow for installation and operation of the proposed wind energy facility. Control shall include the legal authority to prevent the use or construction of any structure for human habitation within the setback areas.
§ 300-9.7 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.
§ 300-9.8 Utility notification.
No wind energy facility shall be installed until evidence has been given that the utility company that operates the electrical grid where the facility is to be located has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
§ 300-9.9 Temporary meteorological towers (met towers).
A building permit shall be required for stand-alone temporary met towers. No site plan review shall be required for met towers.
§ 300-9.10 Design standards.
A.
Appearance, color and finish. Color and appearance shall comply with Federal Aviation Administration (FAA) safety requirements.
B.
Lighting. Wind turbines shall be lighted only if required by the FAA. Lighting of other parts of the wind energy facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes and shall be reasonably shielded from abutting properties. Except as required by the FAA, lighting of the wind energy facility shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.
C.
D.
Utility connections. Reasonable efforts, as determined by the site plan review authority, shall be made to place all utility connections from the wind energy 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 aboveground if required by the utility provider.
E.
Appurtenant structures. All appurtenant structures to wind energy facilities shall be subject to reasonable regulations concerning the bulk and height of structures, 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 contained within the turbine tower whenever technically and economically feasible. Whenever reasonable, structures should be shaded from view by vegetation and/or located in an underground vault and joined or clustered to avoid adverse visual impacts.
F.
Height. The height of wind energy facilities shall not exceed 450 feet in height.
§ 300-9.11 Safety and environmental standards.
A.
Emergency services. The applicant shall provide a copy of the project summary, electrical schematic, and site plan to the Police and Fire Departments, and/or the local emergency services entity designated by the local government. Upon request, the applicant shall cooperate with local emergency services in developing an emergency response plan. All means of disconnecting the wind energy facility shall be clearly marked. The applicant or facility owner shall identify a responsible person for public inquires or complaints throughout the life of the project.
B.
Unauthorized access. Wind energy facilities shall be designated to prevent unauthorized access. For instance, the towers of wind turbines shall be designed and installed so that step bolts or other climbing features are not readily accessible to the public and so that step bolts or other climbing features are not installed below the level of eight feet above the ground. Electrical equipment shall be locked where possible.
C.
Setbacks. A wind turbine may not be sited within:
(1)
A distance equal to three times the height of the wind turbine from buildings, critical infrastructure, or private or public ways that are not part of the wind energy facility;
(2)
A distance equal to three times the height of the turbine from the nearest existing residential structure; or
(3)
A distance equal to three times the height of the turbine from the nearest property line.
D.
Setback waiver. The site plan review authority may reduce the minimum setback distance as appropriate based on site-specific considerations, or written consent of the affected abutter(s), if the project satisfies all other criteria for the granting of a building permit under the provisions of this article.
E.
Shadow/flicker. Wind energy 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.
F.
Sound. The operation of the wind energy facility shall conform with the provisions of the Department of Environmental Protection's Division of Air Quality noise regulations (310 CMR 7.10).
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 energy facility or otherwise prescribed by applicable laws, regulations, and bylaws.
§ 300-9.12 Monitoring and maintenance.
A.
Wind energy facility conditions. The applicant shall maintain the wind energy 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 energy facility and any access road(s), unless accepted as a public way.
B.
Modifications. All material modifications to a wind energy facility made after issuance of the required building permit shall require approval by the site plan review authority.
§ 300-9.13 Abandonment or decommissioning.
A.
Removal requirements. Any wind energy facility which has reached the end of its useful life or has been abandoned shall be removed. The owner/operator shall physically remove the facility no more than 150 days after the date of discontinued operations. The applicant shall notify the site plan review authority by certified mail of the proposed date of discontinued operations and plans for removal. 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, state, and federal waste disposal regulations.
(3)
Stabilization or revegetation of the site as necessary to minimize erosion. The site plan review authority may allow the owner to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption of vegetation.
B.
Abandonment. Absent notice of a proposed date of decommissioning or written not of extenuating circumstances, the wind energy facility shall be considered abandoned when the facility fails to operate for more than one year without the written consent of the site plan review authority. If the applicant fails to remove the facility in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the facility.
C.
Financial surety. Applicants for utility-scale wind energy facilities shall 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 and remediate the landscape, in an amount and form determined to be reasonable by the site plan review authority, but in no event to exceed more than 125% 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 calculating increased removal costs due to inflation.