Townsend City Zoning Code
ARTICLE XVI
Renewable/Alternative Energy
§ 145-86 Large-scale ground-mounted solar installations.
[Amended 3-28-2017 STM by Art. 13]
A.
Purpose.
Recognizing the need to allow for alternative energy sources, in particular large-scale solar installations, given that the zoning in Townsend is largely residential, coupled with the need to preserve the rural and residential character of the Town of Townsend, the purpose of this bylaw is to promote the creation of new large-scale ground-mounted solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources and to provide adequate financial assurance for the eventual decommissioning of such installations.
The provisions set forth in this section shall apply to the construction, operation, and/or repair of large-scale ground-mounted solar photovoltaic installations.
(1)
Applicability. This section applies to large-scale ground-mounted solar photovoltaic installations proposed to be constructed after the effective date of this section. This section also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment.
B. AS-OF-RIGHT SITING BUILDING INSPECTOR BUILDING PERMIT PHOTOVOLTAIC SYSTEM (also referred to as "photovoltaic installation") RATED NAMEPLATE CAPACITY SOLAR ACCESS SOLAR COLLECTOR SOLAR ENERGY SOLAR ENERGY SYSTEM SOLAR ENERGY SYSTEM, ACTIVE SOLAR ENERGY SYSTEM, GRID-INTERTIE SOLAR ENERGY SYSTEM, GROUND-MOUNTED SOLAR ENERGY SYSTEM, LARGE-SCALE SOLAR ENERGY SYSTEM, OFF-GRID SOLAR ENERGY SYSTEM, PASSIVE SOLAR THERMAL SYSTEM SITE PLAN REVIEW SITE PLAN REVIEW AUTHORITY SPECIAL PERMIT WETLANDS ZONING ENFORCEMENT AUTHORITY
Definitions.
As-of-right siting shall mean that development may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. As-of-right development shall be subject to site plan review to determine conformance with local zoning ordinances or bylaws. Projects cannot be prohibited, but can be reasonably regulated through Planning Board site plan review special permit § 145-42.
The Inspector of Buildings, Building Commissioner, or local inspector, or person or board designated by local ordinance or bylaw charged with the enforcement of the Zoning Ordinance.
A construction permit issued by an authorized Building Inspector; the building permit evidences that the project is consistent with the state and federal building codes as well as local zoning bylaws, including those governing ground-mounted large-scale solar photovoltaic installations.
An active solar energy system that converts solar energy directly into electricity.
The maximum rated output of electric power production of the photovoltaic system in watts of direct current (DC).
The access of a solar energy system to direct sunlight.
A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.
Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation, or water heating.
A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.
A photovoltaic system that is connected to an electric circuit served by an electric utility.
An active solar energy system that is structurally mounted to the ground and is not roof-mounted.
An active solar energy system that occupies more than 40,000 square feet of surface area (equivalent to a rated nameplate capacity of about 250kW DC or greater).
A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility.
A solar energy system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.
An active solar energy system that uses collectors to convert the sun's rays into useful forms of energy for water heating, space heating, or space cooling.
Review by the Site Plan Review Authority, which is the Planning Board, to determine conformance with local zoning ordinances or bylaws, specifically site plan review special permit § 145-42.
For purposes of this bylaw, the Planning Board shall be the Site Plan Review Authority.
For the purposes of this bylaw, the Planning Board shall be the Special Permit Granting Authority.
The Zoning Enforcement Officer will be the Building Inspector.
C.
General requirements for all large-scale ground-mounted solar power generation installations. The following requirements are common to all solar photovoltaic installations to be sited in designated locations:
(1)
Compliance with laws, ordinances and regulations. The construction and operation of all large-scale solar photovoltaic installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar photovoltaic installation shall be constructed in accordance with the State Building Code.
(2)
Building permit and building inspection. No large-scale ground-mounted solar photovoltaic installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit.
(3)
Fees. The application for a permit for a large-scale ground-mounted solar photovoltaic installation shall be accompanied by a fee as required by Appendix E to the Consolidated Rules of the Townsend Planning Board, entitled " Fee Schedule."
[Amended 5-7-2024 ATM by Art. 19]
D.
Large-scale solar siting. The Town of Townsend hereby enacts the following section to permit large-scale commercial solar installations to operate in both commercial and residential districts without the requirement of obtaining a special permit.
(1)
Ground-mounted solar over 250 KW is permitted as of right according to Table A (Residential) and Table B (Commercial) if the following conditions are met:
(a)
The solar installation shall cover at most 30% of the lot.
(b)
The solar installation shall not cover more than 16 acres.
(c)
The solar installation shall be shielded from any Town road or home as per site plan review in order to maintain the character of the neighborhood and Town. The neighborhood and Town view shall be preserved.
(d)
All requirements of Subsection D (inclusive).
Table A | ||
|---|---|---|
Residential by Right | ||
Residential Parcels over 10 Acres | ||
Residential A | Residential B | |
Large-scale ground-mounted solar | Site plan review (no solar installation shall exceed 16 acres or 30% of the total lot) | Site plan review (no solar installation shall exceed 16 acres or 30% of the total lot) |
Table B | ||||
|---|---|---|---|---|
Commercial by Right | ||||
Industrial | Outlying Commercial | Downtown Commercial | Neighbor- hood Commercial | |
Large-scale ground- mounted solar | Site plan review (no solar installation shall exceed 16 acres or 30% of the total lot) | Site plan review (no solar installation shall exceed 16 acres or 30% of the total lot) | Not allowed | Not allowed |
Table C | ||
|---|---|---|
Residential Special Permit Site Plan Review | ||
Residential Parcels Less than 10 Acres | ||
Residential A | Residential B | |
Large-scale ground-mounted solar | Special permit and site plan review (no solar installation shall exceed 16 acres or 30% of the total lot) | Special permit and site plan review (no solar installation shall exceed 16 acres or 30% of the total lot) |
E.
Site plan review. Large-scale ground-mounted solar photovoltaic installations as noted in the table under use regulations shall undergo site plan review by the Site Plan Review Authority prior to construction, installation or modification as provided in this section.
(1)
All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts.
(2)
Required documents. Pursuant to the site plan review process, the project proponent shall provide the following documents:
(a)
A site plan showing:
[1]
Property lines and physical features, including roads, for the project site;
[2]
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;
[3]
Blueprints or drawings of the solar energy system signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system, any potential shading from nearby structures, the distance between the proposed solar collector and all property lines and existing on-site buildings and structures, and the tallest finished height of the solar collector;
[4]
One- or three-line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all Massachusetts Electrical Code (527 CMR 12.00) compliant disconnects and overcurrent devices;
[5]
Zoning district designation for the parcel(s) of land comprising the project site [submission of a copy of a zoning map with the parcel(s) identified is suitable for this purpose];
[6]
Locations of:
[a]
Active farmland and prime farmland soils;
[b]
Prime forest;
[c]
Wetlands;
[d]
Permanently protected open space;
[e]
Priority habitat areas;
[f]
BioMap 2 Critical Natural Landscape Core Habitat mapped by the Natural Heritage and Endangered Species Program (NHESP);
[g]
Priority wildlife habitat mapped by the DEP;
[h]
Floodplains or inundation areas for moderate or high hazard dams; and
[i]
Local or National Historic Districts.
(b)
A project contact sheet showing:
(d)
GIS view shed analysis.
(e)
Documentation of actual or prospective access and control of the project site.
(g)
Proof of contract liability insurance during construction and prior to.
F.
Site control. The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed solar photovoltaic installation. Fencing shall be in keeping with the scenic character of the Town and shall be provided to control access to a large-scale ground-mounted solar photovoltaic facility in order to prevent access to the facility. Fencing along the installation perimeter shall be provided to control access around the photovoltaic solar area with a vegetative buffer outside of the fencing. Fencing shall not include barbed or razor wire.
G.
Operation and maintenance plan. The project proponent shall submit a plan for the operation and maintenance of the large-scale ground-mounted solar photovoltaic installation, which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation.
H.
Utility notification. No large-scale ground-mounted solar photovoltaic installation shall be constructed until evidence has been given to the Site Plan Review Authority that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar photovoltaic installation owner or operator's intent to install an interconnected customer-owned generator system. The owner has submitted notification to the utility company of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
I.
Dimension and density requirements.
(1)
Setbacks. For large-scale ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be as follows:
(a)
Front yard. The front yard depth shall not be less than 100 feet.
(b)
Side yard. Each side yard shall have a depth of at least 100 feet.
(c)
Rear yard. The rear yard depth shall be at least 100 feet.
(d)
Squannacook River. The solar array shall be 300 feet from the river.
(e)
Other wetlands. The solar array shall be at least 100 feet.
(2)
Appurtenant structures. All appurtenant structures to large-scale ground-mounted solar photovoltaic installations shall be subject to reasonable regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts.
J.
Design standards.
(1)
Lighting. Lighting of solar photovoltaic installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution. Lighting shall meet the standards of Townsend Zoning [Zoning Bylaw §§ 145-52 and 145-61 (Outdoor lighting)].
(2)
Signage. Signs for large-scale ground-mounted solar photovoltaic installations shall comply with Townsend Zoning Sign Bylaw. A sign consistent with Townsend's Municipality's Outdoor Lighting and Sign Bylaws shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number.
Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.
(3)
Utility connections. Reasonable efforts, as determined by the Site Plan Review Authority, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.
(4)
Noise. Noise generated by large-scale ground-mounted solar electric installations and associated equipment and machinery shall conform to applicable state and local noise regulations, including the DEP's Division of Air Quality noise regulations, 310 CMR 7.10.
K.
Safety and environmental standards.
(1)
Emergency services. The large-scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local Fire Chief. Upon request the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation. The owner or operation shall provide a twenty-four-hour contact number to the Fire Chief, Police Chief, and Emergency Management Director.
(2)
Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be incidental to the construction, operation and maintenance of the large-scale ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and bylaws.
(3)
Stormwater runoff. All stormwater runoff shall be addressed to ensure compliance with Townsend General Bylaw Chapter 85.
Surfaces under solar collectors shall be of nonimpervious surfaces.
(4)
Control of vegetation. Herbicides shall not be used to control vegetation at the solar electric installation unless the area is a dual use, then the agricultural definition of Townsend Bylaw § 150-3 applies. Mowing, grazing or using geotextile materials underneath the solar array are possible alternatives.
L.
Monitoring and maintenance.
(1)
Solar photovoltaic installation conditions. The large-scale ground-mounted solar photovoltaic installation owner or operator shall maintain the facility 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 owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), unless accepted as a public way.
(2)
Annual report. The owner or operator of the installation shall submit an annual report which certifies compliance with the requirements of this bylaw and their approved site plan, including control of vegetation, noise standards, and adequacy of road access. The annual report shall also provide information on the maintenance completed during the course of the year and the amount of electricity generated by the facility. The annual report shall be submitted to the Select Board, Planning Board, Fire Chief, Emergency Management Director, Building Inspector, Board of Health and Conservation Commission (if wetlands permit was issued) no later than 45 days after the end of the calendar year.
(3)
Modifications. All material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval by the Site Plan Review Authority.
M.
Abandonment or decommissioning.
(1)
Decommission/removal requirements. Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned consistent with Subsection M(2) of this bylaw shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Site Plan Review Authority by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
(a)
Physical removal of all large-scale ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site.
(b)
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
(c)
Stabilization or re-vegetation of the site as necessary to minimize erosion. The Site Plan Review Authority may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
(2)
Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board. If the owner or operator of the large-scale ground-mounted solar photovoltaic installation fails to remove the installation 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 installation to the extent authorized by law.
N.
Financial surety. Proponents of large-scale ground-mounted solar photovoltaic projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the Town shall remove the installation 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 project proponent. Such surety will not be required for municipally or state-owned facilities. The project proponent 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.
§ 145-87 Wind energy systems.
[Added 11-19-2013 STM by Art. 16]
A.
Purpose. The purpose of this bylaw is to minimize the impacts of wind turbines on the character of neighborhoods, property values, scenic, historic, and environmental resources of the Town and to protect health and safety while allowing wind energy.
(1)
Applicability. This section applies to all utility-scale, on-site wind facilities and small wind energy systems proposed to be constructed after the effective date of this section. This section also includes building integrated wind systems, and physical modifications to existing wind facilities that materially alter the type, configuration, location or size of such facilities or other equipment.
B. AGRICULTURE BUILDING-INTEGRATED WIND ENERGY FACILITY BUILDING PERMIT HEIGHT/MAXIMUM TIP HEIGHT LARGE WIND ENERGY SYSTEM (LWES) ON-SITE WIND FACILITY RATED NAMEPLATE CAPACITY SMALL WIND ENERGY SYSTEM (SWES) SPECIAL PERMIT GRANTING AUTHORITY (SPGA) SUBSTANTIAL EVIDENCE UTILITY-SCALE WIND FACILITY WIND ENERGY FACILITY WIND MONITORING OR METEOROLOGICAL TOWER WIND TURBINE
Definitions.
"Farming" or "agriculture" shall include farming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, aqua cultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest land, the raising of livestock, including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur-bearing animals, and any forestry or lumbering operations, performed by a farmer, who is hereby defined as one engaged in agriculture or farming as herein defined, or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or to market or to carriers for transportation to market.
A wind energy facility shall be considered to be building-integrated if it is designed to be permanently mounted on a building or other inhabitable structure. This definition applies to wind turbines of any capacity that are designed to be operated in direct contact with a building. This definition also covers, for the purposes of this zoning provision, other wind energy facilities primarily used for land-based applications which may be permanently mounted and operated on a building.
[Added 12-3-2014 STM by Art. 20]
A building permit is a required approval of a project by the Building Commissioner which is consistent with the local, state and federal building codes. In addition, the permit must meet the criteria set forth under the local zoning bylaws regarding small wind energy systems.
The height of a wind turbine measured from natural grade to the tip of the rotor blade at its highest point, or blade-tip height.
All equipment, machinery and structures utilized in connection with the conversion of kinetic energy of wind into electrical power, including storage, electrical collection and supply equipment, transformers, service and access roads, and one or more wind turbines, which will have a height greater than 80 feet.
A wind project, which is located at a commercial, industrial, agricultural, institutional, or public facility, that will generate electricity on site.
The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a nameplate on the equipment.
All equipment, machinery and structures utilized in connection with the conversion of kinetic energy of wind into electrical power, including storage, electrical collection and supply equipment, transformers, service and access roads, and one or more wind turbines, which will have a height not to exceed 80 feet.
The special permit granting authority shall be the Planning Board for the issuance of special permits to construct and operate wind facilities.
Such evidence as a reasonable mind might accept as adequate to support a conclusion.
A commercial wind facility, where the primary use of the facility is electrical generation to be sold to the wholesale electricity markets.
All of the equipment, machinery and structures together utilized to convert wind to electricity, including developer-owned electrical equipment, storage, collection and supply equipment, service and access roads, and one or more wind turbines.
A temporary tower equipped with devices to measure wind speeds and direction, 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.
General requirements for all wind energy facilities.
(1)
Exemptions. Wind turbines constructed, reconstructed, or renovated for the primary purpose of commercial agriculture shall be considered a structure pursuant to MGL, c. 40A, § 3 and, therefore, shall be exempt from this bylaw.
(2)
Compliance with laws, ordinances and regulations. The construction and operation of all such proposed wind energy facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, environmental, electrical, communications and aviation requirements.
(3)
Fees.
(a)
The Planning Board will normally require fees to cover the costs of outside consultants, to be deposited in advance with the Town, in accordance with the provisions of MGL c. 44, § 53G. Such fees will be deposited in a separate account, and any amounts remaining in said account after the completion of the associated project will be refunded to the applicant or successor, in accordance with these rules and said state law. When the expense of such consultants exceeds the currently available funds in the 53G account, the applicant is required to provide such additional and appropriate funds within 14 days of notification by the Board of the required amount. Additional fee requirements as outlined in § 175-26 of the Planning Board Rules and Regulations may apply.
(b)
The application for a building permit for a small wind energy system must be accompanied by the fee required for a building permit for a permitted accessory use.
(4)
Proof of liability insurance. The applicant shall be required to provide evidence of liability insurance in an amount, and for a duration, sufficient to cover loss or damage to persons and property occasioned by the failure of the facility. Insurance in a reasonable amount determined and approved by the owner's insurance company shall be in force prior to construction. Annual proof of said insurance shall be filed with the Town Clerk.
(5)
Site control. At the time of application for a special or building permit, the applicant shall submit documentation of actual or prospective control of the project site sufficient to allow for installation and use of the proposed facility. Documentation shall also include proof of control over setback areas and access roads, if required. Control shall mean the legal authority to prevent the use or construction of any structure for human habitation, or inconsistent or interfering use, within the setback areas.
(6)
Utility notification. No site plan for the installation of a wind energy facility shall be approved until evidence has been given that the electric utility company that operates the electrical grid where the facility is to be located has been informed of the customer's intent to install an interconnected customer-owned generator, and copies of site plans showing the proposed location have been submitted to the utility for review. No installation of a wind energy facility should commence and no interconnection shall take place until an interconnection agreement pursuant to applicable tariff and consistent with the requirements for other generation has been executed with the utility. Off-grid systems shall be exempt from this requirement, unless they are proposed to be located within setback distance from the sideline of an existing utility right-of-way (ROW).
D.
Small wind energy system requirements.
(1)
Building permit. No small wind energy system (SWES) shall be erected, constructed, installed or modified as provided in this section without first obtaining a building permit. All such wind energy systems shall be constructed and operated in a manner that, where economically feasible, will minimize adverse visual, safety and environmental impacts. The construction of a small wind facility shall be permitted in any zoning district, except a designated Historic District, subject to the issuance of a permit and provided that the use complies with all requirements set forth in Subsections F, G and H set forth herein.
(2)
Application process and requirements. The building permit application shall be accompanied by deliverables, including the following:
(a)
A plot plan showing:
[1]
Property lines and physical dimensions of the subject property within 500 feet of the wind turbine from the proposed tower location;
[2]
Location, dimensions, and types of existing major structures on the property;
[3]
Location of the proposed wind system tower, foundations, guy anchors and associated equipment;
[4]
The right-of-way of any public road that is contiguous with the property;
[5]
Location of all existing above ground or overhead gas or electric infrastructure, including critical electric infrastructure, and utility rights-of-way (ROW) and easements, whether fully cleared of vegetation or only partially cleared, within 500 feet of the site parcel;
[6]
Location and approximate height of tree cover;
[7]
Wetland resource areas within 100 feet of the proposed area;
[8]
Rivers, streams or brooks within 200 feet of the proposed area.
(b)
Wind system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed).
(c)
One or three line electrical diagram detailing wind turbine, associated components, and electrical interconnection methods, with all NEC (National Electric Code) and applicable Massachusetts Electric Code Amendment-compliant disconnects and overcurrent devices.
[Amended 12-3-2014 STM by Art. 20]
(d)
Name, address, phone number and signature of the applicant, as well as all co-applicants or property owners, if any.
(e)
The name, contact information and signature of any agents representing the applicant.
(f)
A plan for maintenance of the small wind energy facility.
E.
Large wind energy system (LWES) requirements.
(1)
Special permit. No large wind turbine or tower may be erected, constructed, installed or modified without first obtaining a special permit from the special permit granting authority (SPGA). The SPGA under this bylaw shall be the Planning Board. A LWES may be permitted in any zoning district, provided that the use is maintained and complies with all requirements set forth herein and any conditions ascribed to any specific project. No special permit shall be granted unless the SPGA determines that all such wind energy systems shall be constructed and operated in a manner that minimizes adverse visual, safety, and environmental impacts.
(2)
General. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts.
(3)
Waivers.
(a)
The Planning Board may waive strict adherence to sections of this bylaw if it finds that the safety and well-being of the public will not be adversely affected by such a waiver. For each waiver granted, the Planning Board will make a written record indicating that the proposed tower meets the purpose of this bylaw.
(b)
All requests for waivers shall be made, in writing, on a separate sheet (or sheets) of paper and be attached to the site plan review special permit application and be presented at the time of the initial application.
(c)
Requests for waivers shall indicate the section number and the reason the applicant needs the waiver along with any documentation to support the request.
(d)
The Planning Board will grant requests for waivers only upon a four-fifths majority vote. Each request shall be voted on separately. The applicant shall have the right to withdraw the request at any time prior to the actual vote. Once a request for a waiver is withdrawn it may not be presented again for a period of one year.
(4)
Application requirements. A site plan review special permit application and plans shall be filed under the provision set forth in Zoning Bylaw § 145-65C. Plans shall have the following minimum requirements:
(a)
Site boundaries and access road;
(b)
Tower location, including guy wires, if any, tower height and blade length;
(c)
Setbacks from property boundaries;
(d)
Buildings within 500 feet of the proposed tower;
(e)
Abutters;
(f)
View lines from the middle of each abutter's property line, including a view from each street shown, beginning at true North and continuing clockwise;
(g)
Topography;
(h)
Fencing and landscaping;
(i)
Areas to be cleared of vegetation and trees;
(j)
Historic sites;
(k)
Wetland resource areas within 100 feet of the proposed area;
(l)
Rivers, streams or brooks within 200 feet of the proposed area;
(m)
Habitats for endangered species;
(n)
A locus map showing lot dimensions and all abutting street locations;
(o)
Name, address, phone number and signature of the applicant, as well as all co-applicants or property owners, if any;
(p)
The name, contact information and signature of any agents representing the applicant; and
(q)
A maintenance plan for the wind energy facility.
(r)
Reports shall:
[1]
Describe the wind turbine, tower and the technical, economic and practical reasons for the tower design, and the need for the tower at the proposed location.
[2]
The applicant shall demonstrate to the satisfaction of the Planning Board that the location of the wind turbine and tower is adequate and that the size and height is the minimum necessary for the purpose.
[3]
Other feasible sites, including existing sites, if any.
[4]
Demonstrate that the wind turbine and tower complies with these regulations and all applicable standards of the federal and state governments.
[5]
Provide the specifications of the wind turbine and tower.
(5)
Notification. Permits for large wind energy systems (LWES) shall be granted in accordance with the procedure for notice hearings, decisions and appeals set forth in Townsend Zoning Bylaw § 145-65 and MGL c. 40A, §§ 9 and 11. All additional abutters within 1/2 mile are also to be notified of the hearings.
(7)
Lapse. Permits granted hereunder shall lapse within one year if substantial progress has not been made unless satisfactory reasons have been proven to the SPGA.
(8)
(9)
Renewals. Existing special permits under this bylaw shall not require re-submission unless there has been a substantive change in the information or conditions reviewed for the existing special permits, and provided further that a complete application for renewal of the permit is submitted prior to the expiration of the existing permit.
(10)
Term of special permit. A special permit issued for a wind facility shall be valid 20 years, unless extended or renewed. The time period may be extended or the permit renewed by the SPGA upon satisfactory operation of the facility. Request for renewal must be submitted at least 180 days prior to expiration of the special permit. Submitting a renewal request shall allow for continued operation of the facility until the SPGA acts. At the end of that period (including extensions and renewals), the wind facility shall be removed as required by this section.
F.
Design standards.
(1)
Appearance, color and finish. Color and appearance shall comply with Federal Aviation Administration (FAA) safety requirements. Colors and surface treatment of the installation shall minimize visual disruption, for example, by painting non-reflective muted colors darker against land, lighter colors against sky, without graphics or other decoration. However, visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.
(2)
Lighting. Wind turbines shall be lighted only if required by the FAA. Lighting of other parts of the wind energy facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Except as required by the FAA, lighting of the wind energy facility shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.
(3)
Signage. Signs on wind energy facilities shall comply with the Town's sign bylaw. The following signs shall be required:
(a)
Those necessary to identify the owner, provide a twenty-four-hour emergency contact phone number, and warn of any danger;
(b)
Educational signs providing information about the facility and the benefits of renewable energy.
Wind turbines shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind energy facility. |
(4)
Utility connections. Reasonable efforts, as determined by the SPGA, shall be made to place all developer-owned utility connections from the wind energy facility underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Utility-owned electrical equipment required for utility interconnections may be above ground, if required by the utility provider.
(5)
Appurtenant structures. All appurtenant structures to wind energy facilities shall be subject to applicable regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other and contained within the turbine tower whenever technically and economically feasible. Whenever reasonable, structures shall be shaded from view by vegetation and/or located in an underground vault and joined or clustered to avoid adverse visual impacts.
G.
Safety and environmental standards.
(1)
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 local government, as well as the local electrical utility company. 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.
(2)
Unauthorized access. Wind energy facilities shall be designed to prevent unauthorized access. For instance, the towers of wind turbines shall be designed and installed so that step bolts or other climbing features are not readily accessible to the public and are not installed below the level of eight feet above the ground. Electrical equipment shall be locked where possible.
(3)
Setbacks.
(a)
A SWES and LWES may not be sited within:
[1]
A distance equal to 1.5 times the maximum tip height (MTH) of the wind turbine from buildings, critical infrastructure—including critical electric infrastructure and above-ground natural gas distribution infrastructure—or private or public ways that are not part of the wind energy facility;
[2]
A distance equal to three times the maximum tip height (MTH) of the turbine from the nearest existing residential or commercial structure; or
[3]
A distance equal to 1.5 times the maximum tip height (MTH) of the turbine from the nearest property line, and private or public way.
(b)
The permit granting authority may increase setbacks to satisfy the intent of the bylaw herein, and require appropriate setbacks to help mitigate potential impacts.
(4)
Shadow/flicker. Wind energy facilities shall be sited in a manner that minimizes shadowing or flicker impacts. The applicant has the burden of proving that this effect will not have adverse impact on neighboring or adjacent uses.
(5)
Sound. The wind facility and associated equipment shall conform with the provisions of the Department of Environmental Protection's Division of Air Quality Noise Regulations (310 CMR 7.10), unless the Department and the permit granting authority agree that those provisions shall not be applicable. A source of sound will be considered to be violating these regulations if the source:
(a)
Increases the broadband sound level by more than 10 dB(A) above ambient; or
(b)
Produces a pure tone condition when an octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by three decibels or more.
These criteria are measured both at the property line and at the nearest inhabited structure. Ambient is defined as the background A-weighted sound level that is exceeded 90% of the time measured during operating hours. The ambient may also be established by other means with consent from DEP. An analysis prepared by a qualified engineer shall be presented to demonstrate compliance with these noise standards, if required by the permit granting authority. | |
The permit granting authority, in consultation with the DEP, shall determine whether such violations shall be measured at the property line or at the nearest inhabited residence. |
(6)
Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the wind energy facility or otherwise prescribed by applicable laws, regulations, and bylaws, and subject to existing easements, restrictions and conditions of record.
H.
Monitoring and maintenance.
(1)
Wind energy facility conditions.
(a)
The applicant shall maintain the wind energy facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, emergency braking (stopping) and integrity of security measures. Site access shall be maintained to a level acceptable to the local fire chief and emergency medical services. The project owner shall be responsible to maintain any access road(s), unless accepted as a public way, and the cost of maintaining the wind energy facility to the level and standard of this bylaw as well as remain in compliance with all applicable conditions.
(b)
If a LWES or SWES is designated a safety hazard by the Zoning Enforcement Officer, the owner shall correct the hazard or remove the WES within 90 days.
I.
Abandonment or decommissioning.
(1)
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 SPGA by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
(a)
Physical removal of all wind turbines, structures, equipment, security barriers and transmission lines from the site;
(b)
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;
(c)
Stabilization or re-vegetation of the site as necessary to minimize erosion. The SPGA may allow the owner to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
(2)
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 SPGA. 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 at the owner's expense.
(3)
Financial surety.
(a)
Surety for removal. Applicants for utility-scale large wind energy facilities shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal or failure to maintain, in the event the Town must maintain or remove the facility and remediate the landscape, in an amount and form determined to be reasonable by the SPGA, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, or as determined by a peer review engineer. 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.
(b)
Surety for maintenance. An initial bond shall be posted for a LWES unless they are used solely for commercial agricultural use pursuant to MGL c. 40A, § 3. Such bond shall cover maintenance and construction costs. An annual maintenance bond shall be posted for the access road (if applicable), site (if applicable) and tower(s) in an amount to be approved by the SPGA.
(c)
Failure to post an approved bond and/or provide proof of insurance shall be grounds to revoke the special permit.