Harwich finds that wind energy is an abundant, renewable, and nonpolluting energy resource and that its conversion to electricity will reduce our dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of conventional energy sources. Distributed small wind energy systems will also enhance the reliability and power quality of the power grid, reduce peak power demands, and help diversify the state's energy supply portfolio. Small wind systems also make the residential electricity supply market more competitive by promoting customer choice.

The Commonwealth of Massachusetts has enacted a number of laws and programs to encourage the use of small-scale renewable residential energy systems, including rebates, net metering, property and sales tax exemptions, and solar easements. However, many existing zoning ordinances contain restrictions which, while not intended to discourage the installation of small wind turbines, can substantially increase the time and costs required to obtain necessary construction permits.

Therefore, it is necessary to standardize and streamline the issuance of permits for small residential wind energy systems so that this clean, renewable energy resource can be utilized in a cost-effective and timely manner.

Lot size. RWES may not be placed on lots of less than 40,000 square feet.

Tower placement. No part of the wind system, support structure, or the structure on which the rotor is located is to be located within a wetland area.

Tower height. Tower height shall be limited to 150 feet from existing grade.

Setback. No part of the wind system support structure, including guy wire anchors, may extend closer to the property boundaries than the standard structure setbacks for the zone where the land is located. The structure on which the rotor is located must be set back at least 10 feet from any habitable structure on the lot on which it is located. The structure on which the rotor is located must be set back from habitable structures on abutting lots in place at the time of RWES installation a distance equal to the height of the structure from ground level to the tip of the rotor blade. The structure on which the rotor is located must be set back from lot lines a distance equal to 3/4 of the height of the structure from ground level to the tip of the rotor blade. A setback from a lot line shall not be required when the abutting owner(s) grants an easement to the owner of the RWES. In a case where the applicant is also the owner of the abutting property, the setback shall be measured from the furthest lot line of the abutting property. Setback distances may be reduced with the permission of the abutting property owner(s) and the Planning Board.

Noise. In no instance may the noise level at the lot line exceed 10 dB(A) over the ambient sound level. In a case where the applicant is also the owner of the abutting property, the distance shall be measured from the furthest lot line of the abutting property. In addition, any RWES is required to comply with Chapter 189, Noise, of the Town of Harwich General Bylaws.

Prevention of tower access. Climbing access to the tower shall be limited by one of the following methods: by placing climbing apparatus no lower than 10 feet from the ground, or by placing shielding over climbing apparatus or access, or by installation of a fence.

Compliance with State Building Code. Building permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the State Building Code and certified by a licensed professional engineer shall also be submitted. This analysis is frequently supplied by the manufacturer.

Compliance with FAA regulations. Small wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

Compliance with Massachusetts Electric Code. Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the Massachusetts Electrical Code. This information is frequently supplied by the manufacturer.

Utility notification. No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

Special permit approval criteria. Any special permit granted shall meet the conditions of § 325-51A of the Zoning Bylaw.

Removal of RWES, any equipment shelters and security barriers from the subject property.

Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.

Restoring the location of the RWES to its natural condition, except that any landscaping and grading shall remain in the after-condition.