Newton City Zoning Code
§ 320-32
Wind and solar energy systems.
A.
Title. This section shall be referred to as the "Wind and Solar Energy Systems Ordinance."
B.
Purpose. The purpose of this section is to establish guidelines for siting small and medium wind energy systems and solar energy systems. The goals are as follows:
(1)
To promote the safe, effective, and efficient use of wind energy systems and solar energy systems in order to reduce the consumption of fossil fuels in producing electricity.
(2)
To preserve and protect public health, safety, welfare, and quality of life by minimizing the potential adverse impacts of wind energy systems and solar energy systems.
(3)
To establish standards and procedures by which the siting, design, engineering, installation, operation, and maintenance of wind energy systems and solar energy systems shall be governed.
C. AMBIENT SOUND LEVEL ANEMOMETER DECIBEL DECOMMISSIONING MEDIUM WIND ENERGY TURBINE (MWET) NACELLE NET METERING OCCUPIED BUILDING OPERATOR OWNER PREVAILING WIND ROTOR DIAMETER SHADOW FLICKER SMALL STRUCTURE-MOUNTED WIND ENERGY TURBINE (SSMWET) SMALL TOWER-MOUNTED WIND ENERGY TURBINE (STMWET) SOLAR ENERGY SYSTEM SOLAR PANEL SOLAR PANEL ARRAY STRUCTURE TOTAL HEIGHT TOWER UPWIND TURBINE WIND ENERGY TURBINE/WIND ENERGY SYSTEM (WET)
Definitions. As used in this section, the following terms shall have the meanings indicated:
The amount of background noise at a given location prior to the installation of a wind energy system or solar energy system, which may include, but not be limited to, traffic, machinery, lawn mowers, human activity, and the interaction of wind with the landscape. The ambient sound level is measured on the dB(A)-weighted scale, as defined by the American National Standards Institute.
A temporary wind-speed indicator constructed for the purpose of analyzing the potential for utilizing a wind energy turbine at a given site. This includes the tower, base plate, anchors, cables and hardware, wind-direction vanes, booms to hold equipment, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
Defined as unit of measure used to express the magnitude of sound pressure and sound intensity. Decibels shall be measured on the dB(A)-weighted scale, as defined by the American National Standards Institute.
The process of terminating operation and completely removing WET(s) and all related buildings, structures, foundations, access roads, and equipment.
A tower-mounted wind energy system that converts wind energy into electricity through the use of equipment, which includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in the system. The MWET has a nameplate capacity that does not exceed 250 kilowatts. The total height does not exceed 150 feet.
Refers to the encasement which houses all of the generating components, gear box, drive tram, and other equipment.
A special metering and billing agreement between utility companies and their customers which facilitates the connection of renewable energy-generating systems to the power grid.
A residence, school, hospital, church, public library, business, or any other building used for public gatherings.
The entity responsible for the day-to-day operation and maintenance of a wind energy system or solar energy system.
The individual or entity, including their respective successors and assigns that have equity interest or own the wind energy system or solar energy system in accordance with this section.
A wind which predominantly blows from one direction.
The cross-sectional dimension of the circle swept by the rotating blades of a WET.
The moving shadow, created by the sun shining through the rotating blades of a wind energy turbine (WET). The amount of shadow flicker created by a WET is calculated by a computer model that takes into consideration turbine location, elevation, tree cover, location of all structures, wind activity, and sunlight.
Converts wind energy into electricity through the use of equipment, which includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in the system. A SSMWET is attached to a structure's roof, walls, or other elevated surface. The SSMWET has a nameplate capacity that does not exceed 10 kilowatts. The total height does not exceed 15 feet as measured from the highest point of the roof, excluding chimneys, antennas, and other similar protuberances.
A tower-mounted wind energy system that converts wind energy into electricity through the use of equipment, which includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in the system. The STMWET has a nameplate capacity that does not exceed 30 kilowatts. The total height does not exceed 120 feet.
An energy system which converts solar energy to usable thermal, mechanical, chemical or electrical energy through the use of a solar panel or solar panel array and associated equipment.
A photovoltaic panel, or hot air or water panel collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
A collection of multiple solar panels mounted or arranged together, providing energy to the same primary user, as part of a solar energy system.
Any building or other structure, such as a municipal water tower, that is a minimum of 12 feet high at its highest point of roof and is secured to frost-footing or a concrete slab.
The vertical distance measured from the ground level at the base of the tower or the ground-mounted solar panel array to the uppermost vertical extension of any blade, or the maximum height reached by any part of the wind energy turbine (WET) or the uppermost extent of any individual solar panel.
A freestanding monopole that supports a wind energy turbine (WET).
A wind energy turbine (WET) positioned in a manner so that the prevailing wind hits the turbine blades before it hits the tower in order to avoid the thumping noise which can occur if the wind is disrupted by hitting the tower before the blades.
Any structure-mounted, small or medium wind energy conversion system that converts wind energy into electricity through the use of a wind generator and includes the nacelle, rotor, tower, and pad transformer, if any.
D.
Temporary uses. The following is permitted in all zoning districts as a temporary use, in compliance with the provisions contained herein, and the applicable wind energy system regulations:
(1)
Anemometers.
(a)
The construction, installation, or modification of an anemometer tower shall require a building permit and shall conform to all applicable local, state, and federal applicable safety, construction, environmental, electrical, communications, and FAA requirements.
(b)
An anemometer shall be subject to the minimum requirements for height, setback, separation, location, safety requirements, and decommissioning that correspond to the size of the wind energy turbine that is proposed to be constructed on the site.
(c)
An anemometer shall be permitted for no more than 13 months.
E.
Permitted uses; exemptions.
(1)
A small tower-mounted wind energy turbine (STMWET) over 40 feet in height shall be considered a permitted use in all zoning districts on lots of one acre and greater in size, subject to site plan approval by the Planning Board. STMWET shall not be erected, constructed, installed, or modified as provided in this section unless all required local, state and federal approvals and permits have been issued to the owner(s) or operator(s). For parcels located within the Town's Historic District, review by the Historic Commission is required.
(2)
Small structure-mounted wind energy turbines (SSMWET) and STMWETs up to 40 feet in height shall be a permitted use in all zoning districts, provided the required setbacks can be met. STMWETs up to 40 feet in height must also obtain site plan approval from the Planning Board. SSMWETs shall not be erected, constructed, installed, or modified as provided in this section unless a building permit has been obtained from the Town of Newton and all required state and federal approvals and permits have been issued to the owner(s) or operator(s). For parcels located within the Town's Historic District, review by the Historic Commission is required.
(3)
Solar energy systems. Solar panels shall be permitted as a rooftop installation in any zoning district, provided that they meet the site design standards set forth below and a building permit is obtained from the Town of Newton. Ground arrays shall be permitted on lots of one acre or greater in any zoning district, subject to site plan approval by the Planning Board. A solar energy system shall not be erected unless all local, state and federal permits and approvals have been issued to the owner(s) or operator(s). For parcels located within the Town's Historic District, review by the Historic Commission is required.
(4)
Exemptions. Solar energy systems under 20 square feet in size shall be exempt from the requirements of this section.
F.
Conditional uses. A medium wind energy turbine (MWET) shall be a conditional use in all nonresidential districts, subject to the following conditions:
(1)
Minimum lot size: five acres.
(2)
Maximum height: 150 feet.
(3)
Quantity. No more than one MWET shall be installed for every 2.5 acres of land included in the parcel.
(4)
Setback and separation.
(a)
Occupied building setback. The setback from all occupied buildings on the applicant's parcel shall be a minimum of 20 feet, measured from the base of the tower.
(b)
Property line setbacks. With the exception of the locations of public roads (see below), drain rights-of-way and parcels with occupied buildings (see above), the internal property line setbacks shall be equal to the total height of the MWET as measured from the base of the tower. This setback may be reduced to a distance agreed upon as part of the special use permit if the applicant provides a registered engineer's certification that the WET is designed to collapse, fall, curl, or bend within a distance or zone shorter than the height of the WET.
(c)
Public road setbacks. Each MWET shall be set back from the nearest public road a distance equal to the total height of the MWET, determined at the nearest boundary of the underlying right-of-way for such public road.
(5)
Tower separation. MWET/tower separation shall be based on industry standards and manufacturer recommendation.
(6)
Each MWET, including accessory buildings and other related structures, shall be mounted on a tubular tower of a nonreflective, nonobtrusive color (e.g., white, gray, black). The appearance of turbines, towers and buildings shall be maintained throughout the life of the MWET.
(7)
Shadow flicker. The MWET owner(s) and/or operator(s) shall conduct an analysis on potential shadow flicker at any occupied building with a direct line of sight to the MWET. The analysis shall identify the locations of shadow flicker that may be caused by the project and the expected durations of the flicker at these locations from sunrise to sunset over the course of a year. The analysis shall identify situations where shadow flicker may affect the occupants of the buildings for more than 30 hours per year and describe measures that shall be taken to eliminate or mitigate the problems. Shadow flicker on a building shall not exceed 30 hours per year.
G.
Site design requirements.
(1)
All wind energy systems are subject to the following minimum standards:
(a)
Small structure-mounted wind energy turbines (SSMWET) shall meet the following specific standards:
[1]
Minimum setbacks. The setback of the SSMWET shall be a minimum of 15 feet from the property line, public right-of-way, public easement, or overhead utility lines if mounted directly on a roof or other elevated surface of a structure. If the SSMWET is affixed by any extension to the side, roof, or other elevated surface, then the setback from the property line or public right-of-way shall be a minimum of 15 feet. The setback shall be measured from the furthest outward extension of all moving parts.
[2]
Height. The height of a SSMWET shall not exceed 15 feet, as measured from the highest point of the roof, excluding chimneys, antennas, and other similar protuberances.
[3]
Location. The SSMWET shall not be affixed to the wall on the side of a structure facing a road. The SSMWET shall not be affixed to temporary structures or structures without permanent foundations.
[4]
Quantity. Not more than one SSMWET shall be installed on any one structure on a particular property.
[5]
Separation. If more than one SSMWET is installed, a distance equal to the height of the highest SSMWET must be maintained between the base of each SSMWET, and they must be affixed to separate permanent structures.
(b)
Small tower-mounted wind energy turbines (STMWET) shall meet the following specific standards:
[1]
Minimum lot size: one acre.
[2]
Minimum setbacks for STMWET. For lots between one acre and three acres, wind turbines shall be set back from all property lines a distance equal to 100% of the height of the structure, including the blades. For lots larger than three acres, wind turbines shall be set back from all property lines a distance equal to 100% (remove 200% to be consistent) of the height of the structure, including the blades. No portion of the wind generator shall extend beyond any overhead utility lines, unless written permission is granted by the utility that owns and/or controls the lines.
[3]
Height. The total height of a STMWET shall not exceed 120 feet.
[4]
Location. The STMWET shall only be located in a rear yard of a property that has an occupied building.
[5]
Occupied building setback. The setback from all occupied buildings on the applicant's parcel shall be a minimum of 20 feet, measured from the base of the tower.
[6]
Other setbacks. The setback shall be equal to the total height of the STMWET, as measured from the base of the tower, from the property line, public right-of-way, public easement, or overhead public utility lines. This setback may be reduced if the applicant provides a registered engineer's certification that the WET is designed to collapse, fall, curl, or bend within a distance or zone shorter than the height of the wind turbine.
[7]
Quantity. No more than one STMWET shall be installed on any parcel of property.
(c)
Upwind turbines shall be required.
(d)
Wind turbines shall not be permitted in any front yard.
(e)
Visual appearance.
[1]
A wind energy system, including accessory buildings and related structures, shall be a nonreflective, nonobtrusive color (e.g., white, gray, black). The appearance of the turbine, tower, and any ancillary facility shall be maintained throughout the life of the wind energy system.
[2]
A wind energy system shall not be artificially lighted, except to the extent required by the FAA or other applicable authority, or as otherwise necessary for the reasonable safety and security thereof.
[3]
Wind energy systems shall not be used for displaying any advertising (including flags, streamers, or decorative items), except for identification of the turbine manufacturer.
[4]
All ground equipment shall be screened from view to the maximum extent practical with landscaping and/or decorative fencing.
(f)
Ground clearance. The lowest extension of any blade or other exposed moving component of a wind energy system shall be at least 15 feet above the ground (at the highest point of the natural grade within 30 feet of the base of the tower for a SSMWET and STMWET, 50 feet for a MWET) and, in addition, at least 15 feet above any outdoor surfaces intended for human use, such as balconies or roof gardens, that are located directly below the wind energy system.
(g)
Noise. Noise emanating from the operation of a wind energy system shall not exceed, at any time, the lowest ambient sound level that is present up to 5 dB(A) between the hours of 9:00 p.m. and 9:00 a.m. at any property line of a residential or agricultural use parcel or from the property line of parks, schools, hospitals, and churches. Noise emanating from the operation of a wind energy system shall not exceed, at any time, the lowest ambient noise level, plus 5 dB(A), that is present between the hours of 9:00 p.m. and 9:00 a.m. at any property line of a nonresidential or nonagricultural use parcel.
(h)
Vibration. Vibrations shall not be produced which are humanly perceptible beyond the property on which a wind energy system is located.
(i)
Guy wires. Guy wires shall not be permitted as part of a wind energy system over 35 feet in height.
(j)
Electrical system. All electrical controls, control wiring, grounding wires, power lines, and system components shall be placed underground within the boundary of each parcel at a depth designed to accommodate the existing land use to the maximum extent practicable. Wires necessary to connect the wind generator to the tower wiring are exempt from this requirement. The electrical system shall meet National Electric Code standards.
(2)
Solar panels installed as a rooftop installation shall meet the following standards: The solar panels shall not exceed a height of eight inches from the rooftop. In no event shall the placement of the solar panels result in a total height, including building and panels, greater than what is permitted in the zoning district in which they are located for the principal building.
(3)
Solar panels shall be permitted as ground arrays in accordance with the following:
(a)
All ground arrays shall be set back a distance of 20 feet from all property lines in a residential zoning district or in conformance with the bulk standards for accessory structures in commercial districts as provided in this chapter.
(b)
Ground arrays shall not be permitted in a front yard.
(c)
Ground arrays shall be located so that any glare is directed away from an adjoining property.
(d)
Ground arrays shall not exceed a height of 15 feet.
(e)
Ground arrays shall be screened from view with landscaping buffers and/or decorative fencing.
(4)
Permit application requirements:
(a)
Name of property owner(s), address, and parcel number.
(b)
A site plan shall include maps (drawn to scale) showing the proposed location of all components and ancillary equipment of the solar or wind energy system, property lines, physical dimensions of the property, existing building(s), setback lines, right-of-way lines, public easements, overhead utility lines, sidewalks, nonmotorized pathways, roads and contours.
(c)
The proposed type and height of the solar energy system, SSMWET or STMWET to be constructed, including the manufacturer and model, product specifications, including maximum noise output (measured in decibels), total rated generating capacity, dimensions, rotor diameter (if applicable), and a description of ancillary facilities.
(d)
Documented compliance with the noise requirements set forth in this section.
(e)
Documented compliance with applicable local, state and national regulations, including, but not limited to, all applicable safety, construction, environmental, electrical, communications, and FAA requirements.
(f)
Proof of applicant's liability insurance.
(g)
Evidence that the utility company has been informed of the customer's intent to install an interconnected, customer-owned generator, and that such connection has been approved. Off-grid systems shall be exempt from this requirement.
(h)
Other relevant information as may be reasonably requested.
(i)
Signature of the applicant.
(j)
In addition to the permit application requirements previously listed, a SSMWET application shall also include the total proposed number of SSMWETs.
(k)
In addition to the permit application requirements previously listed, a STMWET and MWET application shall also include a description of the methods that will be used to perform maintenance on the STMWET/MWET and the procedures for lowering or removing the STMWET/MWET in order to conduct maintenance.
(5)
Site plan requirements.
(a)
Site plan drawing. All applications for a ground array solar energy system, SMWET or MWET conditional use permit shall be accompanied by a detailed site plan map that is drawn to scale and dimensioned, displaying the following information:
[1]
Existing property features, to include the following: property lines, physical dimensions of the property, land use, zoning district, contours, setback lines, rights-of-way, public and utility easements, public roads, access roads (including width), sidewalks, nonmotorized pathways, large trees, and all buildings. The site plan must also include the adjoining properties, as well as the location and use of all structures and utilities within 300 feet of the property.
[2]
Location and height of all proposed solar panels, SWETs or MWETs, buildings, structures, ancillary equipment, underground utilities and their depth, towers, security fencing, access roads (including width, composition, and maintenance plans), electrical substations, and other aboveground structures and utilities associated with the proposed energy system.
[3]
Additional details and information as required by the special use requirements of this chapter or as requested by the Planning Board.
(b)
Site plan documentation. The following documentation shall be included with the site plan:
[1]
The contact information for the owner(s) and operator(s) of the energy system, as well as contact information for all property owners on which the energy system is located.
[2]
A copy of the lease, or recorded document, with the landowner(s) if the applicant does not own the land for the proposed energy system. A statement from the landowner(s) of the leased site that he/she will abide by all applicable terms and conditions of the use permit, if approved.
[3]
Identification and location of the properties on which the proposed energy system will be located.
[4]
The proposed number, representative types and height of each solar array, SWET or MWET to be constructed, including their manufacturer and model, product specifications, including maximum noise output (measured in decibels), total rated capacity, rotor diameter (if applicable), and a description of ancillary facilities.
[5]
Documents shall be submitted by the developer/manufacturer confirming specifications for SMWET or MWET tower separation.
[6]
Documented compliance with the noise and shadow flicker requirements set forth in this section.
[7]
Engineering data concerning construction of the solar panels, SWET or MWET, and its base or foundation, which may include, but not be limited to, soil boring data.
[8]
A New Jersey licensed professional engineer shall certify that the solar panels, SWET or MWET meets or exceeds the manufacturer's construction and installation standards.
[9]
Anticipated construction schedule.
[10]
A copy of the maintenance and operation plan, including anticipated regular and unscheduled maintenance. Additionally, a description of the procedures that will be used for lowering or removing the solar panels, SWET or MWET to conduct maintenance, if applicable.
[11]
Documented compliance with applicable local, state and national regulations, including, but not limited to, all applicable safety, construction, environmental, electrical, and communications regulations. The SWET or MWET shall comply with Federal Aviation Administration (FAA) requirements.
[12]
Proof of applicant's liability insurance.
[13]
Evidence that the utility company has been informed of the customer's intent to install an interconnected, customer-owned generator, and that such connection has been approved. Off-grid systems shall be exempt from this requirement.
[14]
Other relevant information as may be requested by the Planning Board to ensure compliance with the requirements of this section.
[15]
Following the completion of construction, the applicant shall certify that all construction is completed pursuant to the conditional use permit.
[16]
A written description of the anticipated life of each solar panel, SWET or MWET; the estimated cost of decommissioning; the method of ensuring that funds will be available for decommissioning and site restoration; and removal and restoration procedures and schedules that will be employed if the energy system becomes inoperative or nonfunctional.
[17]
The applicant shall submit a decommissioning plan that will be carried out at the end of the solar panel's, SWET's or MWET's useful life and shall describe any agreement with the landowner(s) regarding equipment removal upon termination of the lease.
[18]
The Town of Newton reserves the right to review all maintenance plans and bonds under this section to ensure that all conditions of the permit are being followed.
[19]
Signature of the applicant.
(6)
Safety requirements.
(a)
If the solar energy system or wind energy system is connected to a public utility system for net-metering purposes, it shall meet the requirements for interconnection and operation as set forth in the public utility's then-current service regulations meeting federal, state, and industry standards applicable to wind power generation facilities, and the connection shall be inspected by the appropriate public utility.
(b)
The wind energy system shall be equipped with an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades and other wind energy components, unless the manufacturer certifies that a braking system is not necessary.
(c)
A clearly visible warning sign regarding voltage shall be placed at the base of the wind turbine or solar panel ground array.
(d)
The structural integrity of the wind energy system shall conform to the design standards of the International Electrical Commission, specifically IEC 61400-1, "Wind Turbine Safety and Design," and/or IEC 61400-2, "Small Wind Turbine Safety," IEC 61400-22, "Wind Turbine Certification," and IEC 61400-23, "Blade Structural Testing," or any similar successor standards.
(e)
MWETs shall also meet the following additional safety requirements:
[1]
Security measures need to be in place to prevent unauthorized trespass and access. Each MWET shall not be climbable up to 15 feet above ground surfaces. All access doors to MWETs and electrical equipment shall be locked and/or fenced, as appropriate, to prevent entry by nonauthorized person(s).
[2]
All spent lubricants, cooling fluids, and any other hazardous materials shall be properly and safely removed in a timely manner.
[3]
Each MWET shall have one sign, not to exceed two square feet in area, posted at the base of the tower and on the security fence, if applicable. The sign shall contain at least the following:
[a]
Warning of high voltage.
[b]
Manufacturer's and owner's/operator's name.
[c]
Emergency contact numbers (list more than one number).
[d]
The structural integrity of the MWET shall conform to the design standards of the International Electrical Commission, specifically IEC 61400-1, "Wind Turbine Safety and Design," IEC 61400-22, "Wind Turbine Certification," and IEC 61400-23, "Blade Structural Testing," or any similar successor standards.
(7)
Signal interference. The wind energy system shall not interfere with communications systems, such as, but not limited to, radio, telephone, television, satellite, or emergency communications systems.
(8)
Decommissioning.
(a)
The solar energy system or wind energy system owner(s) or operator(s) shall complete decommissioning within 12 months after the end of the useful life of the system. Upon request of the owner(s) or assigns of the solar energy system or wind energy system, and for a good cause, the Town of Newton Planning Board may grant a reasonable extension of time. The solar energy system or wind energy system will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months. All decommissioning expenses are the responsibility of the owner(s) or operator(s).
(b)
If the solar energy system or wind energy system owner(s) or operator(s) fails to complete decommissioning within the period prescribed above, the Town of Newton Council may designate a contractor to complete decommissioning, with the expense thereof to be charged to the violator and/or to become a lien against the premises. If the solar energy system or wind energy system is not owned by the property owner(s), a bond must be provided to the Town of Newton for the cost of decommissioning each solar energy system or wind energy system.
(c)
In addition to the decommissioning requirements listed previously, the STMWET shall also be subject to the following:
[1]
Decommissioning shall include the removal of each STMWET, buildings, electrical components, and any other associated facilities. Any foundation shall be removed to a minimum depth of 60 inches below grade, or to the level of the bedrock if less than 60 inches below grade.
[2]
The site and any disturbed earth shall be stabilized, graded, and cleared of any debris by the owner(s) of the facility or its assigns. If the site is not to be used for agricultural practices following removal, the site shall be seeded to prevent soil erosion, unless the property owner(s) requests in writing that the land surface areas shall not be restored.
(d)
In addition to the decommissioning requirements listed previously, the MWET shall also be subject to the following:
[1]
Decommissioning shall include the removal of each MWET, buildings, electrical components, and roads to a depth of 60 inches, as well as any other associated facilities. Any foundation shall be removed to a minimum depth of 60 inches below grade, or to the level of the bedrock if less than 60 inches below grade. Following removal, the location of any remaining wind turbine foundation shall be identified on a map as such and recorded with the deed to the property with the County Register of Deeds.
[2]
All access roads to the MWET shall be removed, cleared, and graded by the MWET owner(s), unless the property owner(s) requests, in writing, a desire to maintain the access road. The Town will not be assumed to take ownership of any access road unless through official action of the Town Council.
[3]
The site and any disturbed earth shall be stabilized, graded, and cleared of any debris by the owner(s) of the MWET or its assigns. If the site is not to be used for agricultural practices following removal, the site shall be seeded to prevent soil erosion, unless the property owner(s) requests in writing that the land surface areas not be restored.
[4]
If the MWET owner(s) or operator(s) fails to complete decommissioning within the period prescribed above, the Town may designate a contractor to complete decommissioning, with the expense thereof to be charged to the violator and/or to become a lien against the premises. If the MWET is not owned by the property owner(s), a bond must be provided to the Town for the cost of decommissioning each MWET.
(9)
Public inquiries and complaints. Should an aggrieved property owner allege that a solar energy system or wind energy system is not in compliance with the requirements of this section, the procedure shall be as follows:
(a)
Noise complaints.
[1]
Notify the Town's Zoning Officer in writing regarding concerns about noise level.
[2]
If the complaint is deemed sufficient by the Town's Zoning Officer to warrant an investigation, the Town's Zoning Officer will request the aggrieved property owner deposit funds in an amount sufficient to pay for a noise-level test conducted by a certified acoustic technician to determine compliance with the requirements of this section.
[3]
If the test indicates that the noise level is within this section's noise requirements, the Town will use the deposit to pay for the test.
[4]
If the solar energy system or wind energy system owner(s) is in violation of this sections's noise requirements, the owner(s) shall reimburse the Town for the cost of the noise-level test and take immediate action to bring the solar energy system or wind energy system into compliance, which may include ceasing operation of the system until section violations are corrected. The Town will refund the deposit to the aggrieved property owner.
(b)
Shadow flicker complaints for MWETs.
[1]
Notify the Town Zoning Officer in writing regarding concerns about the amount of shadow flicker.
[2]
If the compliant is deemed sufficient by the Town Zoning Officer to warrant an investigation, the Town Zoning Officer will request the owner(s) to provide a shadow flicker analysis of the turbine as constructed to determine compliance with the requirements of this section.
[3]
If the MWET owner(s) is in violation of this section's shadow flicker requirements, the owner(s) shall take immediate action to bring the MWET into compliance, which may include ceasing operation of the WET until the section violations are corrected.
(10)
Certification and compliance.
(a)
The Town must be notified of a change in ownership of a MWET or a change in ownership of the property on which the MWET is located.
(b)
The Town reserves the right to inspect any MWET in order to ensure compliance with this section. Any cost associated with the inspections shall be paid by the owner/operator of the wind energy system.
(c)
Proof of compliance with the noise standards is required within 90 days of the date the MWET becomes operational. Sound shall be measured by a third-party, qualified professional.