Revere City Zoning Code
CHAPTER 17
18 COMMERCIAL WIND-ENERGY CONVERSION FACILITIES
§ 17.18.010 Purpose.
The purpose of this chapter is to accommodate land-based commercial wind energy conversion facilities (not residentially scaled facilities) in appropriate locations, while minimizing adverse visual, safety and environmental impacts of the facilities. This chapter enables the review of commercial wind energy conversion facilities by the city council. This chapter is intended to be used in conjunction with other regulations adopted by the city, including the general wetlands ordinance and other local regulations designed to encourage appropriate land use, environmental protection, and provision of adequate infrastructure development in the city of Revere.
(C.O. 09-139, § 1, 9/21/2009)
§ 17.18.020 Definitions.
Commercial wind energy conversion facilities include all equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, transmission, storage, collection and supply equipment, substations, transformers, service and access roads, and one or more wind turbines.
The height of a wind turbine measured from existing average 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, which is typically specified by the manufacturer with a "nameplate" on the equipment.
A temporary tower equipped with devices to measure wind speeds and direction, and used to determine how much wind power a site can be expected to generate.
A device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.
(C.O. 09-139, § 1, 9/21/2009)
§ 17.18.030 Use.
A.
Provided that the use complies with all requirements set forth in this chapter, the construction of a commercial wind energy conversion facility shall be permitted by right in the TED district. By contrast, in the HB, LI, IP, PDD1 and PDD2 zoning districts, and on municipally owned property, the construction of a commercial wind energy conversion facility shall be subject to the issuance of a special permit by the city council. In all other districts, commercial wind energy conversion facilities are prohibited.
B.
Wind monitoring or meteorological towers shall be allowed by-right, on a temporary basis, in the TED, HB, LI, IP, PDD1 and PDD2 zoning districts, and on municipally owned property, subject to issuance of a building permit.
C.
All such wind energy conversion facilities shall be constructed and operated in locations that minimize adverse visual, safety, and environmental impacts.
D.
For uses allowed by right in the TED district, the applicant shall be required to comply only with the site plan review process set forth in Chapter 17.17 of this title. No review by the city council is required. Notwithstanding any provisions to the contrary in Chapter 17.17, the site plan review committee shall complete its review of a completed application for a commercial wind energy conversion facility, and issue its findings, within one hundred eighty days after the date the application to the site plan review committee is complete. Failure of the site plan review committee to issue a final decision within one hundred eighty days shall constitute constructive approval of the application without conditions, and in such circumstances, the building inspector shall issue a building permit forthwith upon request of the applicant.
(C.O. 10-171, §§ 1, 2, 5/10/2010; C.O. 09-139, § 1, 9/21/2009)
§ 17.18.040 Site control.
The applicant shall submit documentation of the legal right to install and use the proposed facility at the time of application for a special permit. Documentation should also include proof of control over the land in setback or clear areas. Control shall mean legal authority to prevent the use of any structure within the setback or clear area for human habitation or other uses.
(C.O. 09-139, § 1, 9/21/2009)
§ 17.18.050 Proof of liability insurance.
The applicant shall be required to provide evidence of the availability of liability insurance in an amount sufficient to cover loss or damage to persons and structures occasioned by the failure or use of the facility. At a minimum, the applicant shall maintain a current general liability policy covering bodily injury and property damage with limits of at least one million dollars per occurrence and three million dollars in the aggregate. Insurance certificates must be filed in the city clerk's office.
(C.O. 09-139, § 1, 9/21/2009)
§ 17.18.060 Dimensional and aesthetic controls.
Proposed wind energy conversion facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable electrical, construction, noise, safety, environmental and communications requirements.
A.
Height. Commercial wind energy conversion facilities shall be no higher than two hundred fifty feet above the existing average grade. The city council may allow this height to be exceeded as part of the special permit process if the project proponent can demonstrate that the additional height is needed and that the additional benefits of the higher tower outweigh any increased adverse impacts. The height of all wind energy conversion facilities shall be measured from the existing average grade to the highest point reached by the rotor blades.
B.
Setbacks. Each wind energy conversion facility and its associated equipment shall comply with the building setback provisions of the zoning district in which the facility is located.
In addition, the following setbacks shall be observed:
1.
In order to ensure public safety and to protect the interests of neighboring property owners, the minimum distance from the base of any wind turbine tower to any neighboring residential or commercial structure shall be equal to the total height of structure to the highest point plus an additional six feet, and the minimum distance from the base of any wind turbine to any abutting property line shall be one hundred feet. This setback is considered a "clear area."
2.
Wetland resources and their buffer zones may be used for the purposes of providing "clear area" setbacks. 3.
3.
The setbacks should be kept free of all habitable structures so long as the facility is in place; however, these areas need not be cleared of trees or other vegetation. Setbacks shall be measured from the outside surface at the base of the turbine tower. The site plan review committee (for as-of-right sitings) and the city council (for special permit applications) may reduce the setbacks as appropriate, based on site specific considerations, and only after review of substantial evidence, including but not limited to detailed engineering reports or product engineering certification, which demonstrate that safety concerns have been minimized and that setbacks have been complied with to the maximum extent practicable. Such reduction of required setbacks, if granted, shall not constitute a variance from the zoning ordinance.
C.
Visual impact. The proponent shall demonstrate through project siting and proposed mitigation that the wind energy conversion facility minimizes 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, lighting, cable layout, and demonstration of compliance with all special permit regulations.
D.
Color. Wind energy conversion facilities shall be painted a non-reflective color such as white, off-white or gray or unless FAA regulations require a specific color.
E.
Equipment shelters. All equipment necessary for monitoring and operation of the wind energy conversion facilities should preferably be contained within the turbine tower. If this is not feasible, ancillary equipment may be located outside the tower. Whenever reasonable, structures should be joined or clustered to avoid adverse visual impacts, contained either within an underground vault, enclosed within a separate structure, or shielded from view either by year-round landscaping or vegetated buffers. Equipment shelters shall only be used for housing of equipment for this particular site.
F.
Lighting and signage.
1.
Wind turbines 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.
2.
Any lighting of equipment structures and any other facilities on site (except lighting required by the FAA) shall be shielded from abutting properties.
3.
Signs on the facility shall be limited to those needed to identify the property and the owner/operator, and to warn of any danger; and educational signs providing information on the technology and renewable energy usage.
4.
All signs shall comply with the plans approved and incorporated by reference in a special permit granted under this section.
5.
Commercial advertising shall not be allowed on any part of the commercial wind energy conversion facility.
6.
A clearly visible warning sign concerning voltage must be placed all transformers and or electrical equipment.
G.
Utility connections. All utility connections from the commercial wind energy conversion facility site shall be underground to the nearest utility pole or transformer, unless the applicant demonstrates by substantial evidence that the construction of such underground facilities would be unreasonable owing to circumstances relating to the soil conditions, shape, or topography of such a site or if the utility provider requires the connections to be above ground. The electrical transformer for the utility interconnections may be above ground if required by the utility provider.
H.
Support towers. Monopole towers are the preferred type of support for commercial wind facilities. Towers shall not be climbable up to fifteen feet above ground surface.
(C.O. 10-171, 5/10/2010; C.O. 09-139, § 1, 9/21/2009)
§ 17.18.070 Environmental standards.
A.
Wetlands. Commercial wind energy conversion facilities shall be located in a manner consistent with all applicable local and state wetlands regulations.
B.
Land clearing/open space. Wind energy conversion facilities shall be designed to minimize land clearing and fragmentation of open space areas, and shall avoid permanently protected open space when feasible. Wind turbines should be sited to make use of previously developed areas wherever possible. Wetland buffer areas may be used for the purposes of providing a clear area.
C.
Stormwater. Stormwater run-off and erosion control shall be managed in a manner consistent with all applicable state and local regulations.
D.
Noise. The commercial wind energy conversion facility and associated equipment shall conform to Massachusetts noise regulations (310 CMR 7.10) and the provisions of the Revised Ordinances of the city of Revere, Title 9, Chapter 9.08. An analysis, prepared by a qualified acoustical engineer, shall be required by the special permit applicant to demonstrate compliance with these noise standards.
E.
Shadowing/flicker. Wind energy conversion facilities shall be sited in a manner that does not result in significant shadowing or flicker impacts. The proponent has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.
F.
Safety standards. No hazardous materials or waste shall be discharged on the site of any commercial wind energy facility. If any hazardous materials or wastes are to be used on site, unless contained within the wind turbine itself, there shall be provisions for full containment of such materials or waste. An enclosed containment area, designed to contain at least one hundred ten percent of the volume of the hazardous materials or waste stored or used on the site may be required to meet this requirement. The wind turbine shall also be designed to prevent unauthorized access.
(C.O. 09-139, § 1, 9/21/2009)
§ 17.18.080 Use by telecommunications carriers.
Wind energy conversion facilities may be used to locate telecommunications antennas. Such use shall be subject to applicable regulations governing such uses, and subject to the provisions of Revised Ordinances of the city of Revere, Title 17, Chapter 17.16, Section 17.16.110.
A.
All ground-mounted telecommunications equipment shall be located in either a shelter, within the wind turbine tower or otherwise screened from view year-round, either through effective landscaping or existing natural vegetated buffers; and
B.
Antennas shall be mounted to be in keeping with the design of the wind turbine tower.
C.
All cabling associated with the personal wireless facility shall be contained within the tower structure or enclosed within a conduit painted to match the turbine mount.
(C.O. 09-139, § 1, 9/21/2009)
§ 17.18.090 Monitoring and maintenance.
A.
The applicant shall maintain the wind energy conversion facility in good condition. Such maintenance shall include, but not be limited to, painting, structural integrity of the foundation and support structure and security barrier (if applicable), and maintenance of the buffer areas and landscaping. Site access shall be maintained to a level acceptable to the fire chief. The project owner shall be responsible for the cost of maintaining the wind energy conversion facility and access road, unless accepted as a public way, and the cost of repairing any damage occurring as a result of operation and construction.
B.
The applicant shall notify the city council of the wind energy conversion facility becoming operational; thereafter the applicant shall submit to the city at annual intervals, a report detailing operating data for the facility, including but not limited to days of operation, energy production, and certification of compliance with noise standards; such measurements shall be signed by an acoustical engineer stating that the noise measurements are accurate and meeting the noise Standards sub-section of this chapter.
C.
Notice shall be provided to the city of any change in ownership of the facility or discontinued operation for more than a two-week period.
(C.O. 09-139, § 1, 9/21/2009)
§ 17.18.100 Abandonment or discontinuation of use.
A.
Removal requirements. Any wind facility which has reached the end of its useful life or has been abandoned shall be removed. When the wind facility is scheduled to be decommissioned, the applicant shall notify the city by certified mail of the proposed date of discontinued operations and plans for removal. The owner/operator shall physically remove the wind facility no more than one hundred fifty days after the date of discontinued operations. At the time of removal, the wind facility site shall be restored to the state it was in before the facility was constructed or any other legally authorized use. More specifically, decommissioning shall consist of the following:
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 and state waste disposal regulations.
3.
Stabilization or re-vegetation of the site as necessary to minimize erosion. The city council may allow the owner to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
B.
Abandonment. Absent notice of a proposed date of decommissioning, the facility shall be considered abandoned when the facility fails to operate for more than one year without the written consent of the city council. The city council shall determine in its decision what proportion of the facility is inoperable for the facility to be considered abandoned. If the applicant fails to remove the wind facility in accordance with the requirements of this subsection within one hundred fifty days of abandonment or the proposed date of decommissioning, the city shall have the authority to enter the property and physically remove the facility.
C.
Financial surety. The city council may require the applicant to provide, at the time of issuance of the building permit, a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the city must remove the facility, in an amount and form determined to be reasonable by the city council, but in no event in excess of one hundred twenty-five percent of the cost of removal and compliance with the requirements of this subsection. 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.
(C.O. 09-139, § 1, 9/21/2009)
§ 17.18.110 Special permit filing requirements.
The following shall be included with an application for a special permit for each commercial wind energy conversion facility:
A.
General filing requirements:
1.
Name, address, telephone number and original signature (photo-reproductions of signatures will not be accepted) of applicant and any co-applicants. Co-applicants may include the landowner of the subject property or the operator of the wind energy conversion facility. If telecommunications antennae are proposed, a telecommunications carrier should be a co-applicant.
2.
If the applicant or co-applicant will be represented by an agent, the name, address and telephone number shall be provided and original signature authorizing the agent to represent the applicant and/or co-applicant shall also be provided. Photo-reproductions of signatures will not be accepted.
3.
Documentation of the legal right to install and use the proposed facility and proof of control over the setback or clear areas, proof of financial surety that satisfies Section 17.18.100(C), certification of lighting requirements from the FAA, statement that satisfies noise requirements, and certification of attainment for Federal Communications Commission relating to interference with radio or television reception.
4.
An estimate of useful life and documents and schedule related to decommissioning.
B.
Location map filing requirements. 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; however copy of zoning map with the parcel identified is suitable.
C.
Site plan requirements. Twelve copies of a one-inch-equals-40 feet vicinity plan, signed and sealed by a registered professional engineer or licensed surveyor showing the following:
1.
Property lines for the subject property and all properties adjacent to the subject property within three hundred feet.
2.
Outline of all existing buildings, including purpose (e.g., residential buildings, garages, accessory structures, etc.) on subject property and all adjacent properties within three hundred feet. Distances, at grade, from the proposed wind energy conversion facility to each building on the vicinity plan shall be shown.
3.
Proposed location of wind energy conversion facility, including all turbines, fencing, associated ground equipment, transmission infrastructure and access roads. Including: i) Location of all roads, public and private, on the subject property and on all adjacent properties within three hundred feet including driveways proposed to serve the wind energy conversion facility; ii) All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways; and iii) Representations, dimensioned and to scale, of the proposed facility, including cable locations, parking areas and any other construction or development attendant to the wind energy conversion facility.
4.
Tree cover and average height of trees on the subject property and adjacent properties within three hundred feet.
5.
Contours at each two feet above mean sea level (AMSL) within fifty feet of proposed wind energy conversion facility and at a five-foot interval for the remainder of the subject property and adjacent properties within three hundred feet.
6.
Representation of location of viewpoint for the sight-line diagram referenced below.
D.
Visualizations and photographs.
1.
Sight-line representation. A sight-line representation shall be drawn from representative locations that show the lowest point of the turbine tower visible from each location. Each sight line shall be depicted in profile, drawn at a scale of one inch equals forty feet. The profiles shall show all intervening trees and buildings. There shall be at least two sight line representations illustrating the visibility of the facility from surrounding areas such as the closest habitable structures or nearby public roads or areas.
2.
Existing (Before Condition) Photographs. A color photograph of the current view shall be submitted from at least two locations to show the existing situation.
3.
Proposed (After Condition). Each of the existing-condition photographs shall have the proposed wind energy conversion facility or tower superimposed to accurately simulate the proposed wind energy conversion facility when built and illustrate its total height, width and breadth.
4.
The applicant shall provide siting elevations, or views at-grade from the north, south, east and west for a fifty-foot radius around the proposed wind energy conversion facility or tower, showing the following:
a.
Wind energy conversion facility or tower and, if applicable, the security barrier and associated equipment, with total elevation dimensions for all parts of the facility or tower.
b.
Security barrier. If the security barrier will block views of the wind energy conversion facility or tower, the barrier drawing shall be cut away to show the view behind the barrier.
c.
Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations shown.
d.
Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours above mean sea level.
E.
Balloon or crane test. Within thirty days of the submission of an application for a special permit, the applicant shall arrange for a balloon or crane test at the proposed site to illustrate the height of the proposed facility. The date, time and location of such test shall be advertised in a newspaper of general circulation in the city at least fourteen days, but not more than twenty-one days, prior to the test. Such advertisement shall be made at the expense of the applicant. In addition, notice shall be provided to the city, abutters, and abutters to abutters within three hundred feet as certified by the assessor's department, with proof of notification.
F.
Specifications. Specifications for any proposed wind energy conversion facility or tower, and all equipment and attendant facilities, shall be provided as part of the application.
(C.O. 09-139, § 1, 9/21/2009)
§ 17.18.120 Independent consultants.
Upon submission of an application for a special permit, the city council may hire outside consultants for a peer review of an application, whose services shall be paid for by the applicant.
(C.O. 09-139, § 1, 9/21/2009)
§ 17.18.130 Term of special permit.
A special permit issued for any wind energy conversion facility shall be valid for twenty-five years, unless extended or renewed. With a written request from the owner, the time period may be extended or the special permit may be renewed upon satisfactory operation of the facility. At the end of that time period, the wind energy conversion facility shall be removed as required by this Section. Any special permit granted under this subsection shall lapse if construction of the commercial wind energy conversion facility does not commence within two years of the date of its issuance, unless good cause for failure to begin construction can be shown. Good cause may include delay in shipment of wind energy conversion facility components, but financial ability shall not be cause for delay.
(C.O. 09-139, § 1, 9/21/2009)