Procedures.

Decision standards.

Conditions of approval. The Planning Board may impose reasonable conditions in its decision as necessary to ensure compliance with this article. In addition, the following conditions shall be incorporated in a wind energy facility special permit:

A site plan showing:

Documentation of actual or prospective access and control of the project site (see also § 300-141.3);

An operation and maintenance plan. The applicant shall submit a plan for maintenance of access roads and stormwater controls, as well as general procedures for operation and maintenance of the wind facility.

Landscape plan. A plan indicating all proposed changes to the landscape of the site, including temporary or permanent roads or driveways, grading, vegetation clearing and planting, exterior lighting, other than FAA lights, screening vegetation or structures. Lighting shall be designed to minimize glare on abutting properties and except as required by the FAA be directed downward with full cutoff fixtures to reduce light pollution.

A location 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;

Proof of liability insurance;

Certification of height approval from the FAA;

A statement that evidences the wind energy facility's conformance with § 300-171.7K listing existing ambient sound levels at the site and maximum projected sound levels from the wind energy facility; and

Description of financial surety that satisfies § 300-171.8C(3).

View representations shall be in color and shall include actual pre-construction photographs and accurate post-construction simulations of the height and breadth of the wind energy facility (e.g., superimpositions of the wind energy facility onto photographs of existing views).

All view representations will include existing, or proposed, buildings or tree coverage.

Include description of the technical procedures followed in producing the visualization (distances, angles, lens, etc.).

Signs on wind energy facilities shall comply with the Town's sign bylaw[1]. The following signs shall be required:

Wind turbines shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind energy facility.

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 Town. 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 inquiries or complaints throughout the life of the project.

The purpose of setbacks is to mitigate adverse impacts on abutting properties. Wind energy facility, front, side and rear setbacks shall be as follows:

Setback waiver. The Planning Board 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 section.

That failing to do so would render the siting of the wind energy facility unfeasible; and

That such waiver will not impede access or egress for maintenance personnel or emergency responders.

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 Planning Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

Abandonment. Absent notice of a proposed date of decommissioning or written note of extenuating circumstances, the wind energy facility shall be considered abandoned when the facility fails to operate for more than two years without the written consent of the Planning Board. 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.

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 Planning Board, 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. If the applicant can demonstrate that it is unable to provide a surety, the Planning Board may waive this requirement upon the applicant's agreement that the Town may remove, at the property owner's expense pursuant to the remedies available under state law, the wind energy facility if it is abandoned, discontinued or becomes hazardous.