North Reading City Zoning Code
ARTICLE XXIII
Wind Energy Facilities Bylaw
§ 200-128 Purpose.
A.
The purpose of this bylaw is to accommodate distributed wind energy conversion facilities in appropriate land-based locations, while protecting the public's health, safety and welfare and minimizing any adverse visual, safety and environmental impacts of the facilities; and to provide adequate financial reassurance for the eventual decommissioning of such facilities. In addition, this bylaw provides a permitting process for wind energy conversion facilities to ensure compliance with the provisions of the requirements and standards established herein.
B.
The provisions set forth in this bylaw shall take precedence over all other bylaws when considering applications related to the construction, operation, and/or repair of land-based wind energy facilities.
§ 200-129 Definitions.
Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this article.
The distance from the lowest point of the blade tip to the ground.
Height is measured from the grade at the base of the wind energy facility tower to its highest point, which shall include the tip of the rotating blade at its highest point.
Any change to the small wind energy system that materially alters the size, type or location of the small wind energy system. Like-kind replacements shall not be construed to be a modification.
The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a "nameplate" on the equipment.
The visible flicker effect when rotating blades of the wind generator cast shadows on the ground and nearby structures causing a repeating pattern of light and shadow.
A wind energy conversion system consisting of a wind generator, a tower, and associated control or conversion electronics, which has a rated nameplate capacity of 60 kilowatts or less and will be used primarily for onsite consumption.
The special permit granting authority for permission to install a WEF shall be the Community Planning Commission of the Town of North Reading for this section of the Zoning Bylaw.
A commercial wind energy facility, where the primary use of the facility is electrical generation to be sold to the wholesale electricity markets.
A wind energy facility (WEF) is any utility scale wind energy facility, wind energy conversion system (windmill), small wind energy facility, or wind monitoring or meteorological tower (test or met tower), including all related infrastructure, equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, electrical lines and substations, and accessory structures, all transmission, storage, collection and supply equipment, substations, transformers, site access, service roads and machinery associated with the use. A wind energy facility may consist of 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. Includes the tower, base plate, anchors, guy wires and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment for anemometers and vanes, data loggers, 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.
A device that converts kinetic energy of the wind 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.
§ 200-130 District regulations.
A.
Use regulations.
(1)
Special permit required: All wind energy facilities and meteorological towers shall require a building permit and may be permitted only by special permit from the Community Planning Commission provided the proposed use complies with all dimensional and special permit criteria set forth in these regulations (unless waived by the SPGA). Any subsequent modification of wind energy equipment shall be subject to review by the Building Inspector and Community Planning Administrator, provided that the Building Inspector and Community Planning Administrator shall have no authority to vary the terms of this bylaw or any special permit issued thereunder.
(2)
Zoning districts permitted: The construction of any WEF shall be permitted by special permit, as set forth above, in all zoning districts.
B.
Dimensional regulations.
(1)
Type: Tilt-up towers, freestanding towers or other designs may be considered for approval by the Community Planning Commission, provided that any wind energy facility tower shall be a monopole or tubular structure (no guy wiring support). Towers may not be attached to any residence or habitable structures.
(2)
Setback:
(a)
The base of any WEF shall be set back from any property line by not less than 120% of the proposed height of the tower if abutting residentially zoned properties and 110% of the proposed height of the tower, if abutting nonresidential zoned properties. The base of any WEF shall be set back from any road layout line no less than 120% of the height of the tower. All WEF related construction not wholly below grade, as may be required by the proposed design, shall be set back at least 20 feet from property lines, and 30 feet from road layout lines if located on, or adjacent to, residentially zoned property.
(b)
In all other respects a WEF shall conform to the yard setbacks of the zoning district in which the subject property is located. The SPGA may reduce the required setback for a WEF if the project proponent can demonstrate that no danger would be posed to persons or property should the WEF fall or otherwise fail.
(c)
A wind energy facility shall not be located closer to an inhabited dwelling than one and one tenth (1.1) times the total height of the facility.
§ 200-131 Application.
A special permit application for a WEF must include the following information:
A.
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 SPGA at a public meeting in an informal capacity to discuss the proposed WEF in general terms and to clarify the filing requirements.
B.
Pre-application conference filing requirements. The purpose of the conference is to inform the SPGA as to the preliminary nature of the proposed WEF. As such, no formal filings are required for the pre-application conference. However, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the SPGA of the location of the proposed WEF facility, as well as its scale and overall design.
C.
General filing requirements. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts.
D.
Required documents:
(1)
The project proponent shall provide the following documents:
(a)
Original signatures are required for the applicant and all co-applicants applying for the special permit. If an agent represents the applicant or co-applicant, an original signature authorizing the agent to represent the applicant and/or co-applicant is required. Photo reproductions of signatures will not be accepted. All other filing requirements in the Town of North Reading Zoning Bylaw and the Town of North Reading Site Plan and Subdivision Rules and Regulations as applicable must be complied with.
(b)
Signature, license number, and/or seal of the preparer of the plan, and of every engineer, architect, land surveyor, and soil scientist whose professional seal appears on the plan.
(c)
Project name, description of project (including existing and proposed uses); the project location, the date the plan was prepared, each revision date with notation of what the revision was; north arrow, scale of the plan.
(d)
Names and addresses of abutting land owners and of every holder of conservation, preservation, or agricultural restriction affecting the site or land abutting the site.
(e)
Zoning district for the site and for abutting properties.
(f)
Schedule of zoning requirements, such as lot area, frontage, setbacks, etc.
(2)
Location filing requirements:
(a)
Identify the subject property by including the name of the nearest road or roads, street address, and Assessors Map and Parcel Number of subject property.
(b)
Identify the zoning district designation for the subject parcel. Submit a copy of Town Zoning Map with parcel identified.
(c)
A locus map at a scale of 1" = 1500' showing the subject property and all properties within 300 feet and the location of all buildings, including accessory structures, on all properties shown.
(d)
A map showing the other preexisting and approved WEFs in North Reading and outside of North Reading within one mile of its boundary.
(3)
Siting filing requirements. A one-inch-equals-40 feet plan prepared by a registered professional engineer in the State of Massachusetts showing the following:
(a)
Property lines for the subject property.
(b)
Property lines of all properties within 300 feet of the proposed location.
(c)
Tree cover on the subject property and all properties directly abutting the subject property, by dominant species and average height.
(d)
Outline of all existing buildings, including purpose (e.g. residential buildings, garages, accessory structures, etc.) on subject property and all properties adjacent to the subject property.
(e)
Proposed location of WEF, antenna, mount and equipment shelter(s).
(f)
Proposed security barrier, indicating type and extent as well as point of controlled entry.
(g)
Location of all roads, public and private, on the subject property and within 300 feet of the subject property, including driveways.
(h)
Distances, at grade, from the proposed WEF to each building on the vicinity plan.
(i)
Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet.
(j)
All proposed changes to the subject property, including grading, vegetation removal and temporary or permanent roads and driveways.
(k)
Representations, dimensioned and to scale, of the proposed WEF, including mount antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the WEF.
(l)
Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from "sight lines" subsection below.
(m)
Location of all wetlands on the subject property and within 100' of the proposed facility as approved by the Conservation Commission.
(n)
WEFs that will be connected to the power grid shall include a copy of the approval for interconnection issued by the electric utility provider.
[Amended 10-7-2013 OTM by Art. 18, approved 11-12-2013]
(o)
Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the MA State Building Code.
(4)
Sight lines and photographs as described below:
(a)
Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building (viewpoint) within 300 feet to the highest point (visible point) of the WEF. Each sight line shall be depicted in profile, drawn at one-inch equals 40 feet scale. The profiles shall show all intervening trees and buildings.
(b)
Preexisting condition photographs. Each sight line shall be illustrated by one four-inch by six-inch color photograph of what can currently be seen from any public road and any residential building within 300 feet.
(c)
Proposed condition photographs. Prepared by superimposing the proposed WEF on each of the preexisting condition photographs. The photographic superimpositions shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth.
[Amended 10-7-2013 OTM by Art. 18, approved 11-12-2013]
(d)
Siting elevations or views at-grade from the north, south, east and west for a 50-foot radius around the proposed WEF plus from all preexisting public and private roads that serve the subject property. Elevations shall be at either one-quarter inch equals one foot or one-eighth inch equals one foot scale and show the following:
[Amended 10-7-2013 OTM by Art. 18, approved 11-12-2013]
[1]
Antennas, mounts and equipment shelter(s), with total elevation dimensions and average ground level (AGL) of the highest point. All future proposed antennas, mounts and equipment shelters if any must be shown in order to be included in the special permit.
[2]
Security barrier. If a security barrier is proposed and will block views of the WEF, the barrier drawing shall be cut away to show the view behind the barrier.
[3]
Any and all structures on the subject property.
[4]
Preexisting trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned.
[5]
Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours AMSL.
(5)
Design filing requirements:
(a)
Equipment brochures for the proposed WEF such as manufacturer's specifications or trade journal reprints shall be provided for the WEF, antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. Specifications shall include manufacturer, model, rotor diameter, tower height, tower type, and nameplate generation capacity, as applicable.
(b)
Materials of the proposed WEF specified by generic type and specific treatment. These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
[Amended 10-7-2013 OTM by Art. 18, approved 11-12-2013]
(c)
Colors of the proposed WEF represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
(d)
Dimensions of the WEF specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any.
(e)
Landscape plan including preexistent trees and shrubs and those proposed to be added, identified by size of specimen at installation and species.
(f)
During the public hearing process the applicant shall schedule with the SPGA a balloon or crane test at the proposed site, at the expense of the applicant, to illustrate the height of the proposed WEF.
(g)
If lighting on the site is required by the FAA, the applicant shall submit a manufacturer's computer generated point-to-point printout, indicating the horizontal foot-candle levels at grade, within the property to be developed and twenty-five (25) feet beyond property lines. The printout shall indicate the locations and types of luminaries proposed.
(6)
Noise filing requirements: The applicant shall provide a statement listing the preexisting and maximum future projected measurements of noise from the proposed WEF, measured in decibels Ldn (common logarithmic scale, accounting for greater sensitivity at night), for the following:
(a)
Preexisting or ambient: the measure of preexisting noise.
(b)
Preexisting plus proposed WEF facilities: maximum estimate of noise from the proposed WEF plus the preexisting noise environment.
(c)
Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the requirements of this section of the Zoning Bylaw.
(7)
Federal environmental filing requirements:
(a)
At the time of application filing, a copy of each environmental assessment (EA) required and approved by the FCC.
(b)
The applicant shall list location, type and amount (including radiation trace elements) of any materials proposed for use within the WEF that are considered hazardous by the federal, state or local government.
(8)
Waiver. The SPGA may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a small WEF.
§ 200-132 Special permit criteria.
An applicant must comply with the below criteria in order to obtain a WEF special permit, in addition to those criteria set forth in § 200-28 of this bylaw, as those criteria may be amended from time to time:
A.
Design standards.
(1)
Visual impact. The proponent shall demonstrate through project siting and proposed mitigation that the wind energy facility minimizes any impact on the visual character of surrounding neighborhoods and the community. This may include, but not be limited to, information regarding site selection, turbine design, buffering, and lighting. All electrical conduits shall be underground. All applicants shall use measures to reduce the visual impact of WEFs to the maximum extent possible. WEFs shall use tubular towers.
(2)
Color. The color of the WEFs shall either be the stock color from the manufacturer or painted with a non-reflective, unobtrusive color that blends in with the surrounding environment. Approved colors include but are not limited to white, off-white or gray.
(3)
Equipment shelters. All equipment necessary for monitoring and operation of the WEF should preferably be contained within the turbine tower. If this is infeasible, ancillary equipment may be located outside the tower, provided it is contained either within an underground vault, or enclosed within a separate structure or behind a year-round landscape or vegetated buffer.
(4)
Lighting and signage. WEFs shall be lighted only if required by the Federal Aviation Administration (FAA). The proponent shall provide a copy of the FAA's determination to establish the required markings and/or lights for the structure.
[Amended 10-7-2013 OTM by Art. 18, approved 11-12-2013]
(5)
Lighting of equipment structures and any other facilities on site (except lighting required by the FAA) shall be shielded from abutting properties.
(6)
No signage allowed. No advertising signs, lettering, company insignia, advertising or graphics are allowed on any part of the WEF, including fencing and support structures.
(7)
Guy wires are prohibited.
B.
Environmental standards.
(1)
Noise: Except during short term events such as high windstorms or utility outages, noise from the proposed wind turbine shall not exceed 60 dba as measured from the nearest property line. This standard must be demonstrated by the applicant through scientific analysis to the satisfaction of the SPGA.
(a)
Upon complaint of an abutter once a WEF is in operation, the Building Inspector may require the permit holder to obtain and submit appropriate sound measurements. In the event of an appeal of the Building Inspector's decision concerning compliance with the sound requirements, the Board of Appeals may engage an engineer to review the measurements taken by the permit holder, and to take such other sound measurements as are appropriate, with the costs of such work on behalf of the Board being borne by the permit holder in the event the measurements indicate non-compliance.
(2)
Shadowing/flicker: WEFs shall be sited in a manner that does not result in shadowing or flicker impacts with a significant adverse impact on neighboring or adjacent uses. The proponent has the burden of demonstrating no such adverse impact either through siting or mitigation.
(3)
Safety standards.
(a)
No hazardous materials or waste shall be discharged on the site of any WEF. If any hazardous materials or wastes are to be used on site, there shall be provisions for full containment of such materials or waste;
(b)
Climbing access to tower shall be limited by placing climbing apparatus no lower than 10 feet from the ground.
(c)
The clear area shall be no less than 10 feet.
(d)
The wind turbine shall conform to FAA safety standards, as amended.
§ 200-133 Maintenance and removal.
A.
The applicant shall maintain the WEF 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 permit holder shall be responsible for the cost of maintaining the WEF and adequate access to the facility from a public way, and the cost of repairing any damage occurring as a result of operation and construction. The applicant shall submit a maintenance plan as part of its special permit application.
B.
As a condition of approval, the SPGA shall require the applicant to provide a form of surety (which shall be either a bond or escrow account) at the time of construction to cover costs of removal of the WEF. The amount of such surety shall be equal to 150% of the estimated cost of removal. As part of the special permit application the applicant shall submit a fully inclusive estimate performed by a licensed engineer of the costs associated with removal. The amount shall take into account expected price inflation over the anticipated life of the WEF.
C.
As a condition of approval, the SPGA shall require the applicant to submit a decommissioning plan outlining (1) the anticipated life of the WEF; and (2) the manner in which the WEF will be decommissioned and the site restored.
D.
A small residential use WEF may be exempted from the surety posting required in the above section at the SPGA's discretion.
§ 200-134 Discontinuance.
A.
At such time as the site owner or special permit holder intends to discontinue a WEF, that person shall notify the building inspector by certified U.S. Mail of the proposed date of discontinuation of operations.
B.
The WEF may be considered discontinued if it is out-of-service for a continuous 12-month period. After 12 months of inoperability, the building inspector shall issue a notice of discontinuance to the permit holder and to the owner of the site. Any duly-authorized person shall have the right, within 30 days from notice receipt date, to provide evidence to the building inspector that the WEF has not been discontinued. After review of such evidence, the building inspector shall determine if the WEF has been discontinued. Failure to timely provide such evidence shall be conclusive evidence that the wind energy facility has been discontinued. If it is determined that the WEF has not been discontinued, the building inspector shall withdraw the notice of discontinuance and notify the site owner and the permit holder of the withdrawal.
C.
Upon discontinuation of use, the permit holder and the site owner of the WEF shall cause the WEF to be removed from the site within 90 days from the date of discontinuance at their expense. This period may be extended for good cause upon request of the owner/permit holder and at the discretion of the building inspector.
(1)
"Physically remove" shall include, but not be limited to:
(a)
Removal of the wind turbine and tower, all machinery, equipment, equipment shelters, security barriers and all appurtenant structures from the subject property;
(b)
Proper disposal of all solid or hazardous materials and wastes from the site in accordance with local and state solid waste disposal regulations;
(c)
Restoration of the location of the WEF to its natural condition, except that any landscaping, grading or below-grade foundation may remain.
(2)
If the owner/permit holder fails to remove the WEF after a final determination of discontinuance has been made, the building inspector may pursue legal action to have the WEF removed at the owner/permit holder's expense.
D.
Upon finding that a WEF has been left in disrepair or not maintained in accordance with the approved maintenance plan, the building inspector shall notify the permit holder and the site owner in writing by certified mail that the WEF must be repaired and brought up to standard. If required repairs or maintenance are not accomplished within 45 days of such notice, the WEF shall be deemed discontinued and the owner/permit holder shall remove the WEF from the site within 90 days thereafter at the owner/permit holder's expense. The aforementioned periods of time may be extended for good cause at the request of the owner/permit holder and at the discretion of the SPGA.
E.
If an owner/permit holder fails to remove a WEF in accordance with this section of this bylaw, the Town shall have the right, to the extent it is otherwise duly authorized by law, to enter the site and remove the WEF at the expense of the site owner or permit holder.
§ 200-135 Violation.
It is unlawful for any person to construct, install, or operate a WEF that is not in compliance with this bylaw. WEFs installed prior to the adoption of this bylaw are exempt from this bylaw, provided that any change, extension, reconstruction, or alteration of such WEF shall be subject to this bylaw.
§ 200-136 Penalties.
Any person who fails to comply with any provision of this bylaw or a building permit issued pursuant to this bylaw shall be subject to enforcement and penalties as allowed by MGL c. 40A, § 7.