Model Bylaw for Wind Turbines Facilities (12/14/04) Cape Cod Commission/Cape Light Compact
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Cape Cod Commission Cape Light Compact
Model Bylaw
for
Land-based Wind Energy Conversion
Facilities
Funded by a Community Planning & Development Grant (CP-04-05)
from the Massachusetts Technology Collaborative
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Acknowledgments
The creation of this model bylaw has been funded by a Community Planning & Development
Grant (CP-04-05) from the Massachusetts Technology Collaborative (MTC) and is a result of
collaboration and cooperation among many parties. The model bylaw was drafted by the Cape
Cod Commission and Cape Light Compact and in cooperation with the Bylaw Working Group,
which consisted of seven representatives from Cape towns and the Cape Cod National Seashore.
Individuals involved include:
Cape Cod Commission
Philip Dascombe, AICP, Planner
Martha Twombly, Planner
Margaret Callanan, Staff Counsel
John Lipman, Chief Planner/Deputy Director
Cape Light Compact
Kevin Galligan, Energy Efficiency Program Manager
Bylaw Working Group
Thomas Broadrick, AICP, Director, Planning, Zon. & Hist. Pres., Town of Barnstable
Jillian Douglass, Assistant to Town Administrator, Town of Brewster
Daniel Fortier, AICP, Town Planner, Town of Dennis
Susan Leven, AICP, Town Planner, Town of Harwich
Lauren McKean, AICP, Planner, Cape Cod National Seashore
George Meservey, Planning Director, Town of Orleans
Terry Whalen, AICP, Town Planner, Town of Eastham
Sincere thanks are extended to those individuals who volunteered to peer review early drafts of
this bylaw, and provide feedback and comment. These individuals include: Megan Amsler (Cape
& Islands Self Reliance), Nils Bolgen (MTC), Kristen Burke (MTC), Mary Jane Curran
(Cape Cod Community College), Fred Fenlon (Cape Light Compact), Christine Gault
(Waquoit Bay National Estuarine Research Reserve), Maggie Geist (Association to Preserve
Cape Cod), Peter Gish (Wind Management, LLC), Bill Lamkin (Mass. Department of
Environmental Protection), John Moskal (Environmental Protection Agency), Bob Ritchie
(Mass. Attorney General’s Office), Don Schmidt (Mass. Department of Housing and
Community Development), Eric Simons (Disgen Systems), Brian Sullivan (Coler &
Colantonio), Bill Veno (Martha’s Vineyard Commission), Tom Wineman (Energy Consultant),
Barry Worth (Cape Light Compact), Sally Wright (University of Massachusetts, Amherst),
Many individuals contributed information, perspective and comment in the course of preparing
this bylaw. Among them we wish to thank: Bob Mahoney (Cape Light Compact); Sam Cleaves
(Metropolitan Area Planning Council); Lauren Gaherty (Berkshire Regional Planning
Commission); Joe Hackler (Woods Hole Research Center); Tom Michelman (BRED); Catherine
Miller (Pioneer Valley Planning Commission); Chris Powicki (Water Energy & Ecology
Information Services); and Arnold Wallenstein (Ferriter, Scobbo & Rodophele PC).
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Table of Contents
SECTION 1: INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
SECTION 2: MODEL BYLAW FOR LAND-BASED WIND ENERGY CONVERSION
FACILITIES FOR TOWNS IN BARNSTABLE COUNTY, MASSACHUSETTS. . . . . . . . . . . . . . . . . . . 7
APPENDIX A: WIND TURBINE SCHEMATICS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 9
APPENDIX B: SIMPLIFIED SIGHT LINE DIAGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 0
APPENDIX C: MODEL BYLAW (WITHOUT COMMENTARY) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1
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Section 1: Introduction
This model bylaw is presented to help towns encourage the appropriate development of wind
resources within each community. It is designed to inform the public processes that will assist
towns in identifying preferred locations for wind turbines and in creating a clear regulatory
path that will embrace turbine deployment. The model bylaw is presented to help towns
address many of the issues raised in the 2002 Regulatory Assessment completed by Michael
Pessolano and Ridley Associates for the Cape Light Compact. The Regulatory Assessment
looked into the regulatory barriers to land-based, small-scale renewable energy and distributed
generation facilities on Cape Cod and Martha’s Vineyard. The report concludes that in many
communities the regulatory process did not specifically prohibit wind turbines, however, the
lack of appropriate height limits and the absence of applicable use definitions resulted in a defacto
prohibition on modern wind turbines. This is generally because most bylaws on the
Cape were developed to accommodate the type of windmills historically used in the region for
agricultural uses and in salt works (e.g. Eastham Windmill). However, modern wind turbine
technology is relatively new to New England and presents a use with characteristics of a
completely different scale than those historically found on the Cape. The technology is also
rapidly evolving as the industry grows and advances. This rapid change widens the disconnect
between many local bylaws and the current state of the art. It is therefore the intent of this
model bylaw to provide the towns in Barnstable County with a framework from which local
bylaws may be crafted, to provide a tool to understand the land use issues relating to this type
of use and to enable towns to plan for modern wind turbines.
The model bylaw also relies heavily on the Assessment of Distributed Generation Technology
(“Technology Assessment”) completed by Boreal Renewable Energy Development and Serchuk
Associates in June 2004 for the Cape Cod Commission and Cape Light Compact. The
Technology Assessment was initiated to gain an insight into the current technology to inform the
development of an appropriate bylaw. Copies of the Assessment of Distributed Generation
Technology and Regulatory Assessment are available for download at the Cape Cod Commission
or Cape Light Compact web sites (www.capecodcommission.org/windenergy/home.htm and
www. capelightcompact.org).
Wind energy is a rapidly developing technology that has many benefits. Utilizing a renewable
energy source provides an alternative to the consumption of finite fossil fuels and offsets
harmful emissions from fossil fuel electricity generation. Regionally, utilizing distributed
energy sources helps to diversify the energy mix in the New England region, and may improve
system reliability. When used for municipal purposes, wind energy facilities may have direct
local benefits to communities in terms of cost savings and supply security. Although more
environmentally benign than other commercial-scaled sources of electricity, wind energy
facilities have potential impacts, such as visual impacts or impacts on protected species or
habitat. These relative benefits and detriments must be weighed by individual towns as they
use this guide to develop a process for reviewing local projects.
The degree to which a community embraces wind energy developments will depend on the
values of individual towns and each community’s vision for its future. Accommodating and
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utilizing renewable energy facilities should be part of a community-wide, sustainable energy
strategy. Such a strategy could include the formation of local energy committees, efforts to
reduce demand and improve energy efficiency at the local level, and public outreach and
education initiatives to increase the communities’ level of understanding of energy issues.
Towns could consider incorporating renewable energy policies within the Local
Comprehensive Plan (LCP) that would articulate the community’s vision as well as provide
important direction to all Boards and Commissions on municipal policy in this area. The
development of such policies would help educate the community and assist in identifying
appropriate locations for wind turbines.
Cape Cod has excellent wind resources and therefore it is a favorable location for the
development of wind energy facilities. The most likely types of development on land will be
small to medium-sized distributed generation facilities, rather than large-scale wind facilities.
Large-scale wind facilities require large, developable tracts of land, which are in limited supply
in the region. Distributed generation is a term used to describe energy generation that is located
at or near the end-user, rather than generation supplied by large power plants to the New
England electrical grid. In the case of wind energy generation, distributed generation could take
a variety of forms. For example, wind turbines may or may not be connected to the New
England grid and may provide all or part of an end-users energy demand. The use of the
turbine will in large part dictate the type and scale of the machines utilized.
Use of the model bylaw
This model bylaw is intended to be used in two ways.
1. The bylaw aims to provide a general regulatory framework that provides a
broad range of issues generally relevant to siting distributed generation wind
facilities on land. The bylaw is therefore structured to offer suggested language,
with the understanding that each community will have the task of modifying
the text to suit the goals of each municipality.
2. The bylaw also provides background information on each of these issues so
that towns have some context with which to make informed decisions as local
bylaws are developed. To assist in this aim, a commentary is provided
throughout to provide a general explanation of the issue and possible
approaches that may be taken.
The model bylaw assumes that the user has considerable understanding of the benefits of
utilizing renewable energy and that communities will seek to adopt local wind bylaws in order
to facilitate (rather than prohibit) wind energy facilities. As the model bylaw is intended to
assist towns in developing their own bylaws, it focuses on the characteristics of distributed
generation facilities as they relate to land use and planning. As with all zoning bylaws, the
model bylaw is constructed to address specific characteristics of the use with the purpose of
protecting the health, safety and welfare of the public. The bylaw does not attempt to provide
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a list of the benefits of using renewable energy unless relevant to bylaw development;
however, it is assumed that individual applicants will provide comprehensive information
regarding the benefits of a project in support of their application. Furthermore, considerable
information concerning the specific benefits of renewable energy may be obtained via the
internet. For example, the Environmental Protection Agency, US Department of Energy and
American Wind Energy Association web sites have documents and links to resources in these
areas. A limited number of relevant resources are provided in Appendix D. The model bylaw
often refers to potential impacts resulting from this kind of land use. Unless expressly stated,
this term is used to reference both potential beneficial and adverse impacts. It should also be
emphasized that the bylaw is not intended to be applicable to residentially scaled facilities.
Such facilities may require alternative approaches, although the commentary on issues
provided in this model bylaw may provide a starting point for residential bylaw development.
A clear regulatory path is also needed to overcome regulatory barriers to this type of
installation.
Many towns on Cape Cod are exploring wind energy development and some have already
adopted, or are considering adopting amendments to their existing zoning bylaws for reviewing
wind energy conversion facilities. It is not the intent of this model bylaw to drastically change
those amendments, but rather to suggest a process for reviewing proposals for these facilities
that is flexible enough to work with each town’s individual approach. It is anticipated that
local bylaws will draw from this framework and will be adapted to meet the individual needs
of the town. A bylaw may be similar to the model or may vary substantially, depending upon
local conditions and community opinions and the degree to which towns wish to encourage
commercial-scale wind facilities. In either event, each town will have to carefully consider the
issues presented herein and it will be up to each town to decide how applicable the provisions
of the model bylaw are to each community. The Cape Cod Commission welcomes the
opportunity to work with individual towns on crafting their own bylaws.
As with any bylaw, the requirements are equally applicable to all types of applicant (i.e. private
developer, municipality or non-profit), however, it is also assumed that the SPGA may consider
waiving certain requirements of the Special Permit if appropriate.
All text shown in italics is intended to illustrate and explain issues relating to siting distributed
generation facilities, and is not intended to read as a proposed regulation. To clarify this point,
the appendix includes a version of the bylaw without any commentary or explanatory text. The
appendix also includes schematic diagrams that illustrate the typical configuration of a modern
wind turbine and an illustrative line-of-sight diagram.
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Section 2: Model Bylaw for Land-based Wind Energy Conversion Facilities
for Towns in Barnstable County, Massachusetts
01.0 Purpose and Intent
It is the express purpose of this bylaw to accommodate distributed generation, wind
energy conversion facilities (not residentially scaled facilities) in appropriate locations,
while minimizing any adverse visual, safety and environmental impacts of the
facilities. The bylaw enables the review of wind energy conversion facilities by the
town’s Planning Board or Zoning Board of Appeals in keeping with the town’s
existing bylaws. This bylaw is intended to be used in conjunction with other
regulations adopted by the town, including historic district regulations, site plan
review and other local bylaws designed to encourage appropriate land use,
environmental protection, and provision of adequate infrastructure development on
Cape Cod.
Commentary: This section is intended to articulate the overall purpose of the bylaw to
provide a regulatory process for accommodating wind turbine technology and to enable the
review of projects while minimizing any adverse impacts on the community. The model
bylaw is not intended to be applicable to residentially scaled wind turbines as the scale and
characteristics of such development may require alternate approaches. Individual towns
could add to this section by referencing applicable policies in Local Comprehensive Plans or
other town policies applicable to the use of renewable energy that reflect the community’s
future goals.
02.0 Definitions
Clear area: Area surrounding a wind turbine to be kept free of habitable structures.
Distributed Generation: Energy generation that is located at or near the end-user.
Height: The height of a turbine measured to the tip of the blade at its highest point.
Nacelle: The frame and housing at the top of the tower that encloses the gearbox and
generator and protects them from the weather.
Rotor: The blades and hub of the wind turbine that rotate during turbine operation.
Special Permit Granting Authority (SPGA): Board designated by zoning ordinance or
bylaw with the authority to issue special permits.
Wind energy conversion facility: All equipment, machinery and structures utilized in
connection with the conversion of wind to electricity. This includes, but is not limited to,
all transmission, storage, collection and supply equipment, substations, transformers,
site access, service roads and machinery associated with the use. A wind energy
conversion facility may consist of one or more wind turbines.
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Wind Monitoring or Meteorological (“test” or “met”) Towers: Tower used for
supporting anemometer, wind vane and other equipment to assess the wind resource
at a predetermined height above the ground.
Wind turbine: A device that converts kinetic energy of the wind into rotational energy
to turn an electrical generator shaft. A wind turbine typically consists of a rotor, nacelle
and supporting tower.
03.0 District Regulations
03.1 Use Regulations
All wind energy conversion facilities or wind monitoring towers shall require a
building permit and may be permitted as follows and irrespective of whether the use
is a principal or accessory use:
03.1.1 Wind Energy Conversion Facility
The construction of any wind energy conversion facility shall be permitted in all
commercial, industrial and municipal zoning districts, subject to issuance of a
Special Permit and provided the proposed use complies with all Dimensional and
Special Permit Regulations set forth in Sections 3 and 4 of this bylaw (unless
waived by the SPGA).
Commentary: There are two permitting options that can be used to accommodate land
uses within a community. Each of these options is described briefly below:
1. Allowing by right.
A use can be permitted by right, where the basic assumption is that the facility
could go anywhere within an area provided certain dimensional requirements
are met. The town has no discretion in issuing permits for as-of-right proposals
and the public has no opportunity for comment.
2. Special Permit
A use may also be allowed upon issuance of a Special Permit, where the basic
assumption is that the facility could go anywhere within an area, provided
certain discretionary and dimensional requirements are met. This approach
would allow the town to review projects with some discretion and solicit input
from members of the public through a public hearing process.
A town could use either of these approaches in conjunction with geographic criteria
that, when applied to wind energy facilities, could permit them in certain zoning
districts, specially created areas (called overlay districts) or anywhere within the
community.
This model bylaw recommends that a Special Permit be required for all wind turbines
in certain zoning districts (although the specific zoning districts may vary from town
to town). The Special Permit approach is preferred over permitting wind energy
conversion facilities by right to allow consideration of site specific conditions and to
receive input and comment from the public.
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Although the model bylaw suggests identifying existing zoning districts for this kind
of use, it should be noted that establishing overlay zones/districts may be more
appropriate for some Cape towns. Overlay districts can cross zoning district
boundaries or may be portions of a zoning district and may require additional preplanning
on behalf of each jurisdiction to identify and map areas where wind turbines
would be desirable. For example, a town may wish to promote these facilities on
certain educational, industrial or municipal land and discourage them within historic
districts or sensitive habitat areas. An overlay district approach would provide
additional flexibility that could provide for multi-family residential or neighborhoodserving
facilities in addition to the commercial and municipal applications addressed in
the bylaw. This planning process could be informed by the ”Land-based Wind
Energy Facility Siting Considerations” map developed by the Cape Cod Commission.
This map generally identifies opportunities for distributed wind generation and areas
of sensitivity. Towns can use this map as a tool to direct development toward the most
advantageous sites. Copies of this map may be obtained from the Cape Cod
Commission and copies of the maps have been distributed to each town on the Cape. If
an overlay approach were taken, the text of the model bylaw above would require
modifications.
The Working Group concluded that with the contrast in scale between modern wind
turbines (ranging from around 130 feet to over 450 feet to the tip of the blade
according to the 2004 Technology Assessment) and most other man-made structures
in the region, that it was most appropriate for towns to allow discretion when
considering proposed projects. The Working Group concluded that the Special Permit
would provide the most appropriate framework and flexibility for reviewing proposals.
Through the Special Permit process, the benefits afforded by renewable energy
generation could be weighed against any adverse impacts identified through a public
hearing process. The Special Permit process would consider the scale and
characteristics of individual projects regardless of the amount of electricity produced.
Larger turbines are likely to have different impacts than smaller turbines and
therefore the SPGA would have the authority to weigh these impacts during their
review.
03.1.2 Wind Monitoring or Meteorological Towers
Wind monitoring or meteorological towers shall be permitted in all commercial,
industrial and municipal zoning districts subject to issuance of a building permit for a
temporary structure.
Commentary: Wind resources vary dramatically from site to site, and with the height
above the ground surface. This variation in wind resource can dramatically change the
economic viability of a wind turbine as small increases in wind speed can make a big
difference in the amount of power that can be extracted. This variation requires that
the characteristics of the wind regime at a site be fully understood before a wind
turbine is proposed or erected. The most common and effective way of measuring the
wind regime at a site is using a wind monitoring or meteorological (“met”) tower.
These structures typically use anemometers that are attached to the tower to measure
the wind for a year or more. Although the height of the tower will vary depending on
the local topography and vegetation, the most common type of met tower consists of a
temporary structure between 130 and 160 feet high, supported by guy wires. These
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structures generally do not require a foundation. It should be noted that in some
cases, anemometers could be located on existing tall structures such as
telecommunications towers, however, in such cases additional supporting structures
(such as a boom) may be needed to avoid errors created by the disturbance of the wind
caused by the supporting structure.
The model bylaw recommends that met towers be allowed upon issuance of a building
permit for a temporary structure for the purposes of measuring the wind regime at a
given location. The rationale for this approach is to make it simple for met towers to be
erected to collect wind data. However, it should be noted that state building code and
many local bylaws may limit the time period for these structures to twelve months or
less. Generally, sufficient wind data will be obtained within a 12-month timeframe;
however, additional time may be required if equipment malfunctions or if weather
anomalies are encountered. In such cases or if additional time is needed, another
option for towns would be to require the issuance of a building permit. Building
permits do not generally have time limits but would require that zoning use and
dimensional requirements be met. Therefore, appropriate changes would need to be
made to use tables and height limits to accommodate met towers as an allowed-by-right
use.
Alternatively, although the bylaw recommends a building permit be issued for met
towers, there are some land use issues that towns may consider more appropriately
addressed through a discretionary permit (i.e. Site Plan Review or Special Permit). It
should be noted that some towns currently require that a Special Permit be issued for
temporary structures. Some of the land use issues relevant to met tower installation
are briefly described below:
a. Vegetation clearing. To erect the most commonly used type of met
tower, some clearing of land is typically required both to create room to
lay the tower on the ground before winching it into an upright
position, and to provide room for the guy wires. For a 130-foot tower
and a 160-foot tower respectively, a minimum diameter of 160 to 240
feet needs to be clear to accommodate the guy wires with an area of
between 135 to 165 feet available to lay the tower on the ground. For
larger met towers, such clearing could result in over an acre and a half
of vegetation being removed, although clearing of the entire area may
not be necessary in all cases. This may be a concern in some areas,
especially if the wind measurements reveal that the site does not have
sufficient wind resources for a turbine.
b. Surety. Most met towers are an asset for individual project
developers and are therefore unlikely to be left in-situ after wind
monitoring is complete. However, if abandonment is a concern, towns
may wish to require some kind of surety (i.e. letter of credit, escrow,
bond or other) to cover the cost of removing the met tower.
c. Height. Because of the structure’s height and its supporting guy
wires, locating such a tower in close proximity to airport approaches
may not be appropriate in all cases.
Towns could address these issues through a discretionary permit of some kind (i.e.
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Special Permit or Site Plan Review) and through specific guidance on appropriate
locations for met towers. For instance, such guidance could encourage towers to be
located in previously cleared areas or discourage location in certain protected open
space, wetlands or rare species habitat or in close proximity to airports. Similarly,
towns could establish a minimum amount of clearing for met tower installation or set a
threshold over which a discretionary approval would be necessary. Details of the
amount of clearing would be detailed on application plans. A discretionary process
would also allow the town to require re-vegetation as appropriate and provide a
mechanism for requiring some kind of surety for removal that is typically not available
through a building permit process.
03.2 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 setback or clear areas, if required under
Section 3.3.2. Control shall mean legal authority to prevent the use of any structure
within the setback or clear area for human habitation or other use permitting human
occupancy.
Commentary: This section requires that proof of the right to install the facility be provided
to ensure that all necessary permissions have been received prior to permit review. This
section also requires that control over the clear area (if required) be established so that
potential conflicts with existing or future development are avoided.
03.3 Dimensional Requirements
All wind energy conversion facilities shall comply with the requirements set forth in
this section, unless waived by the SPGA as part of the Special Permit review process.
03.3.1 Height
Wind energy conversion facilities shall be no higher than ____ feet (see commentary
below) above the natural grade. The height of all wind turbines shall be measured
to the highest point reached by the rotor blades. The SPGA 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. Monopole towers are
the preferred type of support for wind turbines.
Commentary: The height of turbines used in distributed generation applications is likely to
vary considerably, and as such developing a height requirement for a model bylaw has
proven challenging. With the highest turbine/tower combinations reaching heights of 450
feet and most distributed generation applications exceeding 200 feet, the Working Group
felt that the SPGA should have the ability to require proponents to go through a more
stringent review the higher the proposed structure. Towns must develop their own
approaches to tackle this issue; however, three approaches are offered here for
consideration:
1. Special Permit/Variance process. With this process, a Special Permit would be
required for all facilities up to a specified height. This height limit could only be
exceeded by obtaining a variance. Under state zoning law, variances require that a
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finding be made that circumstances affecting the site but not affecting other sites
in the district create a substantial hardship to the proponent and that relief
granted would not derogate from the intent of the bylaw. This is generally
considered a very difficult finding to make and such an approach would be very
restrictive.
2. Special Permit process with no height limit. If no height limit were created, towns
could rely on the SPGA to weigh the benefits and detriments of the project
regardless of height without any additional requirements. The SPGA would use
the criteria established by each town for granting Special Permits in their
deliberations; however, the absence of any height limit would provide no certainty
in the process for the developer and public alike.
3. Special Permit process with additional Special Permit findings. Conceptually, this
process would establish a height threshold above which the SPGA would be
required to make additional findings. This would provide some certainty in the
process by establishing a height with which the community would be comfortable.
However, that height could be exceeded if the developer could demonstrate the
need for a greater height and that the relative benefits outweighed any adverse
impacts.
The model bylaw suggests using the third option by establishing a height threshold, above
which a proponent would be required to demonstrate that the benefits of the higher tower
(e.g. in energy production) outweigh any adverse impacts. The text offered in the model
bylaw leaves the height threshold blank. The height inserted could range between 200 and
450 feet depending on the community. For example, the existing character of a community
would be a major factor in determining the appropriate height threshold. However, it is
important to emphasize that the Technology Assessment noted that to be commercially
viable, a turbine would need to be at least 200 feet tall.
Although most modern wind facilities utilize monopole towers, it is possible that lattice
towers or guyed towers may be used on occasion. Therefore, the bylaw states a preference
for monopoles, as their sleeker profiles make them generally less visible than lattice or
guyed towers.
03.3.2 Setback or Clear Area
a) 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.
b) 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 property line, dwelling, business or institutional
use shall be equal to the total height of structure to the highest point. This
setback is considered a “clear area.”
2. The setback or clear areas should be kept free of all dwelling, business
or institutional uses as long as the facility is in place; however, these area
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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
SPGA may reduce the clear area as appropriate based on site specific
considerations and if the project is consistent with the Special Permit
granting criteria of the town.
Commentary: The model bylaw recommends that a clear area be established for the
purposes of protecting public health and safety and adjacent property interests in the
unlikely event of a catastrophic failure (i.e., turbine collapse, broken rotor blade) or in
the event that ice forms on the rotors and falls to the ground. It should be emphasized
that modern wind turbines are engineered so that the risk of collapse is minimal.
However, in some instances liability insurance may be difficult or expensive to obtain
if there is any risk of personal or property damage from the facility. It is anticipated
that the SPGA would have the authority to reduce this distance based on site-specific
considerations and a balancing of the relative risks. Detailed engineering reports,
product certification and evidence of liability insurance could be provided by the
proponent to demonstrate the limited risk of collapse in support of a waiver or
reduction to this requirement. Such a determination should be accompanied by a
finding that the waiver is consistent with the criteria established for Special Permits
by the town. For example, in some cases it may be appropriate to reduce or waive this
requirement if there is mutual agreement among adjacent property owners, or if
adjacent public recreation areas are deemed to be appropriate uses within the clear
area.
Ice formation on the rotor blades is unlikely to be a frequent occurrence on turbines
located on the Cape, but is possible under more extreme weather conditions. Modern
turbine blades are designed to minimize the potential for ice build up and are designed
to shut down if any imbalance is detected such as with ice accumulation. Therefore, ice
is unlikely to be thrown great distances as a result of the turning of the rotors. Any
ice formed will slide off the rotor on restart and may present a drop-hazard to areas
immediately under the turbine. However, according to the Renewable Energy
Research Laboratory, University of Massachusetts, Amherst fact sheet “Siting in
Communities”, in ridgeline applications public trails are recommended to be relocated
away from the turbine a distance of between two and four times the blade-tip height
for public safety reasons. Therefore, the SPGA should weigh the potential risk from ice
and the proximity of adjacent uses in its determination.
It is also worth noting that compliance with state noise regulations would also
necessitate that turbines be sited away from adjacent property lines. In many cases,
this distance would exceed that required for the clear area. For instance, according to
the Renewable Energy Research Laboratory fact sheet “Siting in Communities”, the
current industry rule-of-thumb for locating turbines away from dwellings is
considered to be a distance of three times the hub height, which far exceeds the
distance of the clear area in the model bylaw.
04.0 Special Permit Regulations
The SPGA shall grant a Special Permit only if it finds that the proposal complies with
the provisions of this bylaw (unless waived) and is consistent with the applicable
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criteria for granting Special Permits.
Commentary: Most zoning bylaws require that the SPGA find that specific criteria
are met before a Special Permit can be granted. These criteria vary greatly in their
scope from town-to-town, but the minimal requirements are that the proposed use
would not be detrimental to the neighborhood or derogate from the intent or purpose
of the bylaw. The criteria also generally include more specific issues to be considered
by the SPGA such as noise, traffic, visual character and suitability. These criteria
would be applicable to all Special Permit projects, not just wind energy facilities.
Therefore, this section of the bylaw is intended to reference the existing applicable
criteria for approving Special Permits.
The SPGA would also have the authority to waive certain requirements where
appropriate. Waiving certain Special Permit requirements would not be considered a
variance, but rather the SPGA would have to make a finding that the waiver was
appropriate and was consistent with the Special Permit granting criteria.
04.1 General
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.
04.2 Design Standards
Commentary: The design and scale of modern wind turbines means that they will be
visible from adjacent public areas and residential properties, as well as from locations
some distance away. The general industry rule-of-thumb is that the bottom of the
turbine rotor should be at least 10 feet above any obstacle within 300 feet to avoid
turbulence in the air column. As a result, the rotors will have to be located well above
most other landscape features. Typically, aircraft safety lighting will be required for air
navigation purposes in accordance with Federal Aviation Administration (FAA)
requirements. The following standards are intended to minimize potential impacts to
the greatest extent possible through effective design and carefully considered siting.
Towns may wish to identify areas that are suitable for this kind of development and/or
apply specific design standards in others. For instance, for locations in close proximity
to airports it may not be appropriate to locate structures of this kind due to potential
conflicts with air navigation. Similarly, whereas in most cases the structures should
be designed to be less visible, it may be appropriate for taller turbines to be highly
visible if aircraft commonly traverse the site.
04.2.1 Visual Impact
The proponent shall demonstrate through project siting and proposed mitigation
that the wind energy conversion 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, lighting and cable layout.
Commentary: Because of the Cape’s relatively flat topography and low horizons
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emphasized by a low tree canopy, taller structures (over 50 feet in height) can break
the horizon line and dominate the landscape unless carefully sited. Distinctive open
landscapes such as marshes, agricultural fields and cranberry bogs may provide vistas
that could be altered by taller structures. Similarly, the Cape’s cultural and natural
resources could also be potentially altered by siting in historic districts or sensitive
habitat areas.
Visual impacts are a subjective matter depending on whether wind turbines are
viewed as either a positive (improvement) or a negative (detraction) on the viewscape.
Visual impact is assessed largely by qualitative judgments, as it is concerned with the
human appreciation of, and interaction with, the landscape. Generally, when wind
turbines are seen spinning, they are perceived as being useful and therefore,
beneficial by some, while others may view them as a blight on the natural
environment. On Cape Cod, where tall man-made structures are relatively rare,
careful siting of larger wind turbines will be necessary to insure the success of these
projects.
Because of the significance of this issue, the Special Permit application includes a
requirement for a crane or a balloon test and visual simulations to be completed to give
community members an opportunity to assess the locations from which the turbine
will be visible. As discussed in the previous section, most Cape towns have Special
Permit criteria that require consideration of the project’s affect on visual character.
This test would be important in informing the SPGA of those relative impacts.
Depending on the site, a number of strategies could be adopted that may assist in
minimizing potential visual impacts. While not an exhaustive list of potential
strategies, developers could consider the following as plans are developed to address
any community concerns and demonstrate that the facility minimizes impact on the
neighborhood and visual character.
• Use of Screening/buffering: In certain instances, views from adjacent
properties can be minimized by locating turbines in a manner that uses
existing mature landscaping or structures to block views to the turbines.
For instance, if a site was determined to be potentially impacted, the
proponent may have the flexibility to adjust the location of the turbine in
such a way as to limit the line of sight to part or all of the structure by
using existing buildings or vegetation for screening purposes. A simple
line-of-sight analysis to nearby sensitive receptors could be completed by
the proponent to establish whether such screening can be used. Where
appropriate, proponents could plant landscape buffers to mitigate visual
impacts. This could involve the planting of trees in close proximity to the
viewer so that line of sight to the turbines would be limited. However, it
should be noted that planting near the turbine should be avoided, as the
increased turbulence created by the vegetation will decrease the turbines
efficiency. The turbine would therefore have to be constructed taller to
compensate for this impact, which will likely offset any mitigated visual
impacts.
• Scenic vistas: In areas where there are distinctive scenic vistas, landscape
and scenic roadways, towns could consider prohibiting facilities of this
kind. Alternatively, if important viewsheds have been identified, locating
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turbines such that they appear toward the edge of the viewshed (rather
than dominating the view) could potentially lessen their impact.
• Cultural Resources: Because of the sensitivity of many historic districts,
and because of the historical and architectural significance of many
structures within historic districts, towns must determine whether wind
energy conversion facilities are appropriate in these districts. Historical
Commissions and Historic District Commissions would be involved in the
review of any applications to locate such facilities within an historic district
and would be involved in an advisory role for applications in close
proximity to an historic district. Some of these Historic Boards and
Commissions have policies addressing wind facilities. For instance, the
Old Kings Highway Historic District, which covers a large part of the
Cape, has guidelines for energy conscious design. These guidelines are in
addition to any requirements of the zoning in that area. The guidelines
support the use of wind generators provided that they adhere to several
criteria (these include: minimizing visual impact on the neighborhood;
using extensive landscaping to minimize visual impact; and designing the
device to blend with features in the immediate areas). In some cases, it
may be appropriate for a project proponent to file with the Massachusetts
Historical Commission or appropriate body in order to establish the
proximity of nearby historic or archaeological resources.
04.2.2 Color
Wind energy conversion facilities shall be painted a non-reflective color that
blends with the sky and clouds.
Commentary: The model bylaw recommends that irrespective of the color, the turbine
should be finished with a non-reflective paint. Light gray or a light blue hues are
generally more appropriate color choices for taller structures; however, the SPGA
should determine the appropriate color on a case-by-case basis. The SPGA could
consider the color of surrounding water towers and other tall structures to determine
the most appropriate color for the facility so that it is least visible against the
skyline/horizon. Although not common, in some locations where icing of the blades has
been an issue, turbine rotors have been painted black so they absorb heat and prevent
the build up of ice on the rotor blades. Although this is unlikely to be a major issue on
the Cape, if proposed, the SPGA would have to decide whether reducing icing using
black blades outweighs the potentially greater visual impacts of a darker structure.
04.2.3 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 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.
Commentary: Most modern turbines are monopole designs that accommodate the
ancillary control systems within the tower structure. However, in the event that
ancillary equipment (such as transformers) cannot be accommodated within the tower,
the bylaw recommends that the equipment be hidden from view either in an
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underground vault, structure or behind an effective year-round buffer. In such cases,
fences may also be proposed to provide security for ground-based facilities.
If telecommunications providers are encouraged to use the turbines, associated
ground-based facilities will be needed to accommodate telecommunications equipment
and should also be screened from view. In this case, federal regulations regarding
telecommunications towers require all equipment to be contained within a secure,
fenced area.
04.2.4 Lighting and Signage
a) 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.
b) Lighting of equipment structures and any other facilities on site (except
lighting required by the FAA) shall be shielded from abutting properties.
c) Signs on the facility shall be limited to:
1. those needed to identify the property, and the owner and warn
of any danger; and,
2. educational signs providing information on the technology and
renewable energy usage.
d) All signs shall comply with the requirements of the Town’s sign
regulations.
Commentary: In general, the FAA does not require obstruction markings or lighting
for structures under 200 feet, although this varies depending on topography and the
structure’s proximity to airports or flight paths. For higher structures, the FAA will
likely require lights to be placed on the nacelle (not the rotor blades), however, the
FAA makes a separate determination for each application.
Typically, most wind energy conversion facilities will have no other lights other than
those required by the FAA, but in the event that some exterior security lighting is
needed, the model bylaw recommends that they have shielding that prevents light
spilling onto adjacent properties.
Typically no signage will be necessary, however, certain projects may wish to use the
facility as an educational tool and therefore the bylaw recommends that educational
signage be permitted. In addition, signs indicating the facility owner should be
allowed.
04.3 Environmental Standards
04.3.1 Wetlands
Wind energy conversion facilities shall be located in a manner consistent with all
applicable local and state wetlands regulations. Wetland buffer areas may be used
for the purposes of providing a clear area.
Commentary: Cape Cod and the Islands have many wetland resource areas, including
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salt marshes, bordering vegetated wetlands, cranberry bogs and vernal pools, all of
which play significant roles in maintaining the health of the natural environment.
Consistent with the purposes of local, state, and regional wetland regulations, which
strive to preserve and protect wetland functions, siting wind turbine facilities within
wetlands or their buffers should be avoided whenever possible. There may also be
significant engineering challenges associated with establishing stable foundations
within wetland environments, ultimately posing considerable cost and ongoing
maintenance concerns.
However, in the event that an appropriate site is found near a wetland (e.g. cranberry
bogs), the bylaw references existing wetlands regulations and specifically notes that
wetland buffer areas can be within the required clear area.
04.3.2 Land Clearing/Open Space/Rare Species
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. Wind energy conversion facilities shall also
be located in a manner that does not have significant negative impacts on rare
species in the vicinity (particularly avian species, bats, etc.).
Commentary: Depending on the location, land clearing associated with wind
development may have a detrimental impact on certain kinds of protected open space
areas and habitat. Clearing could be required to install met towers, install
transmission cables, for maintenance and construction access, and also to minimize
the wind turbulence generated by surrounding vegetation. As such, there could
potentially be large amounts of clearing that could fragment habitats or alter the
character of vegetated open space areas.
As such, the bylaw recommends that wind turbines be located in areas that have been
previously disturbed and that protected open space areas be avoided whenever
feasible. As part of the Special Permit review, the SPGA should establish the amount
of clearing and require that the proponent fully explain the purpose of all clearing
requested.
In addition, the Cape Cod and the Islands are host to a wide variety of migratory birds
and rare species, and the protection of those species and their habitat is a priority
reflected in state, regional and local regulations. All efforts should be made to avoid
impacting rare species or their habitat. However, where an otherwise feasible project
site may impact rare species (including both terrestrial habitats and the “airspace”
habitat associated with rare or migratory birds) the Massachusetts Natural Heritage
and Endangered Species Program (NHESP) may issue a conservation permit
consistent with the existing requirements of the Massachusetts Endangered Species
Act (MESA). Mitigation may be an appropriate alternative, to be determined by
NHESP.
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04.3.3 Stormwater
Stormwater run-off and erosion control shall be managed in a manner
consistent with all applicable state and local regulations.
Commentary: The construction and operation of wind energy conversion facilities may
have local impacts on storm water filtration and erosion due to foundation
construction, site grading, new impervious areas or from the removal of existing
vegetation, and may introduce threats to water resources through use, storage,
generation of hazardous materials or waste at the site.
Many towns have local bylaws that are aimed at controlling erosion resulting
from construction. State regulations have specific stormwater management
requirements for projects regulated by local Conservation Commissions, including
policies for use of best management strategies in wellhead protection areas where
high-pollutant loads are likely. However, many towns have limited regulations
applicable to stormwater management in areas not under Conservation Commission
control. Therefore, towns may wish to adopt some of the provisions of the
Massachusetts Stormwater Policy Guidelines to address some of these issues,
particularly for development proposed in drinking-water source areas.
04.3.4 Noise
The wind energy conversion facility and associated equipment shall conform with
Massachusetts noise regulations (310 CMR 7.10). An analysis, prepared by a
qualified engineer, shall be presented to demonstrate compliance with these noise
standards and be consistent with Massachusetts Department of Environmental
Protection guidance for noise measurement.
Commentary: Other than construction noise that would be regulated by normal Town
processes, two types of noise are generated by wind turbines: aerodynamic (i.e., noise
from the blades moving through the air) and mechanical (from the gearbox, generator
and other equipment). At higher wind speeds, the ambient noise level will likely mask
both these sources of noise, but at lower wind speeds noise generated by the turbine
may be detectable.
State regulations prohibit increases of more than 10dB over the ambient noise and
production of significant pure tone noises for all uses and would therefore be applicable
to new wind facilities. Both of these levels are measured at the property line and at the
nearest inhabited residence. Local regulations often have similar noise limitations,
although they can vary from town to town. For the SPGA to evaluate whether the
project is in conformance with these requirements, the bylaw recommends an analysis
by a qualified engineer. Massachusetts Department of Environmental Protection
provides guidance for how these noise measurements are prepared. Furthermore, the
analysis should include noise generated from any telecommunications carriers located
on the turbine tower.
04.3.5 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
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adjacent uses either through siting or mitigation.
Commentary: Shadows cast from wind turbines generally occur in close proximity to
the turbine, although this will vary depending on the time of year/day, latitude and
turbine height. Flicker effects can occur when the sun shines through the rotor blades
at certain times of day and result in the temporary blocking of the sun’s rays with each
pass of a rotor blade. Concerns about these temporary phenomena are usually
perceived as a nuisance by nearby receptors (i.e., homes and businesses) rather than a
potential hazard, but are nonetheless important considerations in siting turbines.
These effects are predictable as the location and position of the sun can be accurately
plotted and computer-modeling tools are also available to predict the area that will have
a shadow cast upon it or be subject to flicker. The effects on neighboring properties can
also be mitigated, thus avoiding potential adverse impacts. For instance, tree planting
in key locations can block the shadow of the turbine from sensitive receptors. The
degree to which shadow/flicker is an issue will depend on the time and type of use
affected. The bylaw therefore recommends that the proponent demonstrate that these
effects do not adversely impact neighboring uses and propose appropriate mitigation
where needed and at the SPGA’s discretion.
04.4 Safety Standards
No hazardous materials or waste shall be discharged on the site of any wind
energy conversion facility. If any hazardous materials or wastes are to be used
on site, there shall be provisions for full containment of such materials or waste.
An enclosed containment area, designed to contain at least 110 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 energy conversion towers shall also be designed to prevent
unauthorized access (for example, by construction of a fenced enclosure or locked
access).
Commentary: Some hazardous materials, e.g., lubricating oil, coolant, etc., may be
stored within the nacelle or tower for the purposes of maintenance. Furthermore, it is
possible that some kind of oil leak may occur within the structure or at times of
maintenance. Therefore, the bylaw recommends that the structure be designed to
contain any spills or leaks. This would be of particular importance on the Cape if the
turbine were located in a wellhead protection district.
Some turbine towers, especially lattice-type towers, have been identified as potential
“attractive nuisances,” and therefore the bylaw recommends that they be designed to
limit unauthorized access. It is likely that project proponents will have already taken
such steps to limit liability and prevent damage to their equipment.
05.0 Use by Telecommunications Carriers
Wind energy conversion facilities may be used to locate telecommunications
antennas, subject to applicable regulations governing such uses, and subject to the
following requirements:
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a) All ground-mounted telecommunications equipment shall be located in either a
shelter, within the wind turbine tower or otherwise screened from view yearround
(either through effective landscaping or existing natural vegetated buffers);
b) Antennas shall be flush-mounted to be in keeping with the design of the wind
turbine tower; and
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.
Commentary: Tall structures are necessary for personal wireless companies to provide
service to their customers. This has historically meant locating antennas within tall
buildings or structures (e.g., church steeples, flagpoles) or on purpose-built towers.
While using disguised antennas within existing structures has resulted in few visual
impacts, new telecommunications towers can often have negative visual impacts on
communities. Depending on the location, a wind turbine may provide an opportunity
for attaching antennas that may reduce the number of new telecommunications
towers.
The bylaw recommends that locating telecommunications towers on wind energy
conversion facilities could be appropriate, provided they are compatible with the design
of the tower. For instance, flush-mounted antennas, sensitive cable design and
appropriately sited ground equipment would avoid visual clutter on the tower and
around the tower base. The model bylaw recommends that these requirements are
additional to all other applicable regulations for telecommunications towers.
06.0 Modifications
All modifications to a wind energy conversion facility made after issuance of the
Special Permit shall require approval by the SPGA in accordance with the town’s
existing process for modifications to Special Permit approvals.
Commentary: Following the issuance of the Special Permit and after the commencement of
operations of the facility, it is conceivable that changes to the project may occur over time.
This could range anywhere from minor changes to the machinery to entire re-fits of the
turbine structure. This section aims to incorporate towns existing process for evaluating
modifications into the bylaw. For instance, minor changes may be relatively simple
approvals by the SPGA or Building Commissioner if no significant alterations result,
whereas more significant changes to the operations or exterior appearance may warrant an
additional public hearing process.
07.0 Monitoring and Maintenance
07.1 After the wind energy conversion facility is operational, the applicant shall
submit to the town at annual intervals from the date of issuance of the Special
Permit, a report detailing operating data for the facility (including but not limited to
days of operation, energy production, etc.).
07.2 The applicant shall maintain the wind energy conversion facility in good
condition. Such maintenance shall include, but not be limited to, painting, structural
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integrity of the foundation and support structure and security barrier (if applicable),
and maintenance of the buffer areas and landscaping if present.
07.3 Notice shall be provided to the town of any change in owner of the facility.
Commentary: The requirement for annual operating reports is recommended to assist the
town in two ways. Firstly, the annual report will give the town a complete picture of
whether the turbine has been abandoned. Secondly, the data will provide a public benefit
to the project as valuable information can be shared with the community on the benefits of
renewable energy.
08.0 Abandonment or Discontinuation of Use
08.1 At such time that a wind energy conversion facility is scheduled to be
abandoned or discontinued, the applicant will notify the town by certified U.S. mail
of the proposed date of abandonment or discontinuation of operations. In the event
that an applicant fails to give such notice, the facility shall be considered abandoned
or discontinued if the facility is inoperable for 180 days. In the case of a multi-turbine
facility, the SPGA shall determine in its decision what proportion of the facility would
be inoperable for the facility to be considered abandoned.
08.2 Upon abandonment or discontinuation of use, the owner shall physically
remove the wind energy conversion facility within 90 days from the date of
abandonment or discontinuation of use. This period may be extended at the request
of the operator and at the discretion of the SPGA. “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 wind energy conversion facility to its natural
condition, except that any landscaping, grading or below-grade foundation may
remain in the after-condition.
08.3 If an applicant fails to remove a wind energy conversion facility in accordance
with this section of this bylaw, the town shall have the authority to enter the subject
property and physically remove the facility. The SPGA may require the applicant to
provide a form of surety (i.e. post a bond, letter of credit or establish an escrow
account or other) at the SPGA’s election at the time of construction to cover costs of
the removal in the event the town must remove the facility. The amount of such
surety shall be equal to 150 percent of the cost of compliance with this section. 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 a Cost
of Living Adjustment after 10 and 15 years.
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Commentary: The current design life of modern wind turbines is around 20 years,
although as wind technology evolves, turbines may operate well beyond this timeframe. It
is possible that at the end of a turbine’s design life a replacement turbine may be installed
on the existing tower (although whether this is practical is subject to a number of variable
factors relating to the size, weight and physical forces associated with the turning rotors).
In the case of a multi-turbine wind facility, it is possible that some of the turbines may be
inoperable while others in the same facility are operating normally or if planned
maintenance is scheduled. The bylaw recommends that the SPGA provide some guidance
on what proportion must be operational for the facility to be considered abandoned at the
time of the Special Permit.
It is conceivable that a wind energy conversion facility could become abandoned if operated
by a private entity that is no longer solvent. However, even a non-functioning turbine has
value and would likely be salvaged rather than abandoned. Given the nature of the wind
energy conversion facility, it is impossible for the structure to be re-used as something else
(unlike a building, for example) and given the scale of the structure, it is likely to present a
permanent negative visual impact on a community if abandoned.
Therefore, the bylaw recommends requiring removal of the facility when abandoned and
restoration of the site to its pre-existing condition. However, an exception is made for
installed landscaping and grading completed at installation. Removal of the below-grade
foundations could also be required by the town. However, removal of below grade
structures could have greater impacts than leaving them in place. The SPGA will have
discretion over this at the time of review.
Furthermore, removal of a facility may be very expensive and therefore the bylaw
recommends that the SPGA require a surety of some kind, such as a bond, letter of credit
or escrow, be established prior to the start of operations. The surety should be based on an
estimate from a qualified engineer provided by the applicant and should be for 150 percent
of the cost at the time.
09.0 Term of Special Permit
A Special Permit issued for any wind energy conversion facility shall be valid for 25
years, unless extended or renewed. 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 by the applicant.
Commentary: As discussed earlier, the design life of a turbine is approximately 20 years,
but may be longer for more modern machines. The bylaw recommends that the initial
Special Permit be valid for a minimum of 25 years. As the technology is rapidly changing,
newer turbines and rotor designs that upgrade the equipment or improve efficiency may
be desirable. The bylaw allows extension of the permit if the facility is operating
satisfactorily and changes in the turbine design could be accommodated through the
modification process currently applicable to all Special Permits.
10.0 Application Procedures
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10.1 Special Permit Granting Authority (SPGA)
The SPGA for wind energy conversion facilities shall be the Planning Board.
Commentary: Towns have different preferences for SPGAs. The model bylaw
recommends that the Planning Board (PB) serve as the Special Permit Granting Authority
for wind energy conversion facilities. Towns may choose instead to have the Zoning Board
of Appeals serve as the SPGA.
10.2 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 to
discuss the proposed wind energy conversion facility in general terms and to clarify
the filing requirements. The SPGA shall meet with an applicant under this regulation
within 21 days following a written request submitted to the SPGA and the Town
Clerk. If the SPGA fails to meet with an applicant who has requested such a meeting
within 21 days of said request and said meeting has not been postponed due to
mutual agreement, the applicant may proceed with a Special Permit application
under this regulation without need for a pre-application conference.
10.3 Pre-Application Filing Requirements
The purpose of the conference is to inform the SPGA as to the preliminary nature of
the proposed wind energy conversion facility. 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 facility, as well as its scale and overall
design.
Commentary: While not a requirement, the purpose of a pre-application conference is to
give the SPGA advance notice of an application for a wind energy conversion facility and
to remove, to the extent possible, some of the pressure that boards experience once a formal
Special Permit has been applied for. This process benefits the applicant as it is designed to
educate the SPGA and allows the applicant to receive comment on the likely concerns
raised by the scale and placement of the wind energy conversion facility. It also allows the
applicant to receive feedback on the filing requirements and discuss possible waivers from
the requirements. However, the timeframes provided above may need to be adapted to suit
each jurisdiction’s needs.
10.4 Professional Fees
The town may retain a technical expert/consultant to verify information presented by
the applicant. The cost for such a technical expert/consultant will be at the expense of
the applicant.
Commentary: Review of wind energy conversion facilities is not routine for many local
permitting boards. Therefore, the bylaw recommends that the town hire an independent
expert funded by the applicant to assist in the town’s review.
10.5 Additional Requirements
Within 30 days of the pre-application conference, or within 21 days of filing an
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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 town at least 14 days, but not more than 21 days prior to the test. In addition,
notice shall be provided to the town, abutters and abutting Historic Commissions
and an identical courtesy notice shall be sent to the Town Clerk of all adjacent towns.
Commentary: Because of the scale of modern wind turbines, the model bylaw recommends
that a crane or balloon test be completed to provide interested parties with a sense of the
height of the turbine. Similar tests are often conducted for proposed telecommunications
towers that are considerably smaller than modern wind turbines and allow a thorough
assessment of the visibility of the structure. The test is recommended to be advertised in
the local press in a reasonable amount of time before the date to allow residents an
opportunity to attend the test. The bylaw offers a suggested notice period similar to those
adopted in many communities for review of telecommunications towers, however, different
timeframes can be adopted by each town.
10.6 Application Filing Requirements
Commentary: The following provides a suggested listing of information that a SPGA may
wish to require from the proponent as part of the Special Permit application. For the most
part, the requirements reflect information that is commonly included for other types of
development reviewed under this process. Individual towns may wish to tailor the
requirements for their own needs and in a manner that is consistent with other filing
procedures.
The following shall be included with an application for a Special Permit for each wind
energy conversion facility:
10.6.1: General Filing Requirements
a) Name, address, telephone number and original signature (photo-reproductions
of signatures will not be accepted) of applicant and any co-applicants. Coapplicants
may include the landowner of the subject property or the operator of
the wind energy conversion facility. If telecommunications antenna are proposed,
a telecommunications carrier should be a co-applicant.
b) If the applicant or co-applicant will be represented by an agent, the name,
address and telephone number shall be provided as well as original signature
authorizing the agent to represent the applicant and/or co-applicant shall be
provided. Photo-reproductions of signatures will not be accepted.
c) Documentation of the legal right to install and use the proposed facility and
proof of control over the clear area, per Section 03.2 of these regulations.
10.6.2: Location Filing Requirements
a) Identify the subject property by including the town as well as the name of the
locality, name of the nearest road or roads, and street address, if any
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b) Tax map and parcel number of subject property
c) Zoning district designation for the subject parcel (submit copy of town zoning
map with parcel identified)
d) A line map to scale showing the lot lines of the subject property and all
properties within 300 feet of the property lines, as well as the location of all
buildings, including accessory structures, on all properties shown.
10.6.3: Siting and Design Filing Requirements
10.6.3.1 VICINITY/SITE MAP
A one-inch-equals-40 feet vicinity plan, signed and sealed by a Registered
Professional Engineer or Licensed Surveyor showing the following:
a) Property lines for the subject property and all properties adjacent to the subject
property within 300 feet.
b) Outline of all existing buildings, including purpose (e.g., residential buildings,
garages, accessory structures, etc.) on subject property and all adjacent properties
within 300 feet. Distances, at grade, from the proposed wind energy conversion
facility to each building on the vicinity plan shall be shown.
c) Proposed location of wind energy conversion facility, including all turbines,
fencing, associated ground equipment, transmission infrastructure and access
roads. Including:
1) Location of all roads, public and private, on the subject property and
on all adjacent properties within 300 feet including driveways proposed
to serve the wind energy conversion facility,
2) All proposed changes to the existing property, including grading,
vegetation removal and temporary or permanent roads and
driveways,
3) 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.
d) Tree cover and average height of trees on the subject property and adjacent
properties within 300 feet.
e) Contours at each two feet Above Mean Sea Level (AMSL) for the subject
property and adjacent properties within 300 feet.
f) Representation of location of viewpoint for the sight-line diagram referenced
below.
10.6.3.2 SIGHT LINES AND PHOTOGRAPHS
Sight lines and photographs as described below:
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a) 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 one inch
equals 40 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.
Commentary: An example of a sight-line representation, see Appendix B attached. This
requirement could be waived through the pre-application conference if no significant
visual concerns are anticipated. Such a diagram would assist the SPGA in making a
finding concerning the impact of the project on the surrounding neighborhood as required
under the towns Special Permit granting criteria.
b) Existing (before condition) photographs. A color photograph of the current
view shall be submitted from at least two locations to show the existing situation.
c) Proposed (after condition). Each of the existing-condition photographs shall
have the proposed wind energy conversion facility superimposed on it to
accurately simulate the proposed wind energy conversion facility when built and
illustrate its total height, width and breadth.
Commentary: The model bylaw suggests that some kind of photosimulation be provided to
superimpose a rendering of the proposed turbine on a photograph of the existing setting.
10.6.3.3 ELEVATIONS
Siting elevations, or views at-grade from the north, south, east and west for a 50-
foot radius around the proposed wind energy conversion facility.
Elevations shall be at either one-quarter inch equals one foot or one-eighth inch
equals one foot scale and show the following:
a) Wind energy conversion facility and if applicable the security barrier and
associated equipment, with total elevation dimensions of all parts of the facility.
b) Security barrier. If the security barrier will block views of the wind energy
conversion facility, the barrier drawing shall be cut away to show the view behind
the barrier.
c) Any and all structures on the subject property.
d) Existing trees and shrubs at current height and proposed trees and shrubs at
proposed height at time of installation, with approximate elevations dimensioned.
e) Grade changes, or cuts and fills, to be shown as original grade and new grade
line, with two-foot contours above mean sea level.
10.6.3.4 MATERIALS
a) Specifications for the proposed wind energy conversion facility shall be
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provided for all equipment and attendant facilities.
b) Materials of the proposed wind energy conversion facility specified by type
and specific treatment. These shall be provided for the wind turbine tower and all
other proposed equipment/facilities.
c) Colors of the proposed wind energy conversion facility represented by a color
board showing actual colors proposed.
10.6.3.5 LANDSCAPE PLAN
A Landscape plan including existing trees and shrubs and those proposed to be
added or removed, identified by size of specimen at installation and species.
10.6.3.6 LIGHTING PLAN
If lighting of the site or turbine is proposed (other than FAA lights), 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 25 feet beyond the property lines. The printout shall indicate the
locations and types of luminaires proposed.
10.6.4: Environmental Requirements
10.6.4.1 NOISE FILING REQUIREMENTS
The applicant shall provide a statement listing the existing noise levels and the
maximum future projected noise levels from the proposed wind energy
conversion facility. Such statement shall be certified and signed by a qualified
engineer, stating that noise projections are accurate and meet the noise standards
of this bylaw and applicable state requirements.
10.6.4.2 OTHER
The applicant shall submit information illustrating how the project is consistent
with the environmental standards of this bylaw.
Commentary: Many of the environmental standards in the model bylaw rely on
compliance with exiting regional, state and local regulations (for example, wetlands,
rare species and stormwater regulations). As such, towns may also wish to develop a
checklist as part of their submittal requirements that ensures that the relevant
agencies have been contacted where appropriate. This would provide important
information to assist them in determining that there are no detrimental impacts
resulting from the project as required under local Special Permit granting criteria.
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Appendix A: Wind Turbine Schematics
Figure 1:Detail of wind Turbine
Figure 2: Wind Turbine Configurations
Source: American Wind Energy Association
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Appendix B: Simplified Sight Line Diagram
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Appendix C: Model Bylaw (without commentary)
Model Bylaw for Land-based Wind Energy Conversion Facilities
for Towns in Barnstable County, Massachusetts
01.0 Purpose and Intent
It is the express purpose of this bylaw to accommodate distributed generation, wind
energy conversion facilities (not residentially scaled facilities) in appropriate locations,
while minimizing any adverse visual, safety and environmental impacts of the
facilities. The bylaw enables the review of wind energy conversion facilities by the
town’s Planning Board or Zoning Board of Appeals in keeping with the town’s
existing bylaws. This bylaw is intended to be used in conjunction with other
regulations adopted by the town, including historic district regulations, site plan
review and other local bylaws designed to encourage appropriate land use,
environmental protection, and provision of adequate infrastructure development on
Cape Cod.
02.0 Definitions
Clear area: Area surrounding a wind turbine to be kept free of habitable structures.
Distributed Generation: Energy generation that is located at or near the end-user.
Height: The height of a turbine measured to the tip of the blade at its highest point.
Nacelle: The frame and housing at the top of the tower that encloses the gearbox and
generator and protects them from the weather.
Rotor: The blades and hub of the wind turbine that rotate during turbine operation.
Special Permit Granting Authority (SPGA): Board designated by zoning ordinance or
bylaw with the authority to issue special permits.
Wind energy conversion facility: All equipment, machinery and structures utilized in
connection with the conversion of wind to electricity. This includes, but is not limited to,
all transmission, storage, collection and supply equipment, substations, transformers,
site access, service roads and machinery associated with the use. A wind energy
conversion facility may consist of one or more wind turbines.
Wind Monitoring or Meteorological (“test” or “met”) Towers: Tower used for
supporting anemometer, wind vane and other equipment to assess the wind resource
at a predetermined height above the ground.
Wind turbine: A device that converts kinetic energy of the wind into rotational energy
to turn an electrical generator shaft. A wind turbine typically consists of a rotor, nacelle
and supporting tower.
03.0 District Regulations
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03.1 Use Regulations
All wind energy conversion facilities or wind monitoring towers shall require a
building permit and may be permitted as follows and irrespective of whether the use
is a principal or accessory use:
03.1.1 Wind Energy Conversion Facility
The construction of any wind energy conversion facility shall be permitted in all
commercial, industrial and municipal zoning districts, subject to issuance of a
Special Permit and provided the proposed use complies with all Dimensional and
Special Permit Regulations set forth in Sections 3 and 4 of this bylaw (unless
waived by the SPGA).
03.1.2 Wind Monitoring or Meteorological Towers
Wind monitoring or meteorological towers shall be permitted in all commercial,
industrial and municipal zoning districts subject to issuance of a building permit for a
temporary structure.
03.2 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 setback or clear areas, if required under
Section 3.3.2. Control shall mean legal authority to prevent the use of any structure
within the setback or clear area for human habitation or other use permitting human
occupancy.
03.3 Dimensional Requirements
All wind energy conversion facilities shall comply with the requirements set forth in
this section, unless waived by the SPGA as part of the Special Permit review process.
03.3.1 Height
Wind energy conversion facilities shall be no higher than ____ feet (see commentary
below) above the natural grade. The height of all wind turbines shall be measured
to the highest point reached by the rotor blades. The SPGA 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. Monopole towers are
the preferred type of support for wind turbines.
03.3.2 Setback or Clear Area
a) 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.
b) 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 property line, dwelling, business or institutional
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use shall be equal to the total height of structure to the highest point. This
setback is considered a “clear area.”
2. The setback or clear areas should be kept free of all habitable structures
so long as the facility is in place; however, these area 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 SPGA may reduce the clear
area as appropriate based on site specific considerations and if the project is
consistent with the Special Permit granting criteria of the town.
04.0 Special Permit Regulations
The SPGA shall grant a Special Permit only if it finds that the proposal complies with
the provisions of this bylaw (unless waived) and is consistent with the applicable
criteria for granting Special Permits.
04.1 General
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.
04.2 Design Standards
04.2.1 Visual Impact
The proponent shall demonstrate through project siting and proposed mitigation
that the wind energy conversion 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, lighting and cable layout.
04.2.2 Color
Wind energy conversion facilities shall be painted a non-reflective color that
blends with the sky and clouds.
04.2.3 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 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.
04.2.4 Lighting and Signage
e) 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.
f) Lighting of equipment structures and any other facilities on site (except
lighting required by the FAA) shall be shielded from abutting properties.
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g) Signs on the facility shall be limited to:
3. those needed to identify the property, and the owner and warn
of any danger; and,
4. educational signs providing information on the technology and
renewable energy usage.
h) All signs shall comply with the requirements of the Town’s sign
regulations.
04.3 Environmental Standards
04.3.1 Wetlands
Wind energy conversion facilities shall be located in a manner consistent with all
applicable local and state wetlands regulations. Wetland buffer areas may be used
for the purposes of providing a clear area.
04.3.2 Land Clearing/Open Space/Rare Species
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. Wind energy conversion facilities shall also
be located in a manner that does not have significant negative impacts on rare
species in the vicinity (particularly avian species, bats, etc.).
04.3.3 Stormwater
Stormwater run-off and erosion control shall be managed in a manner
consistent with all applicable state and local regulations.
04.3.4 Noise
The wind energy conversion facility and associated equipment shall conform with
Massachusetts noise regulations (310 CMR 7.10). An analysis, prepared by a
qualified engineer, shall be presented to demonstrate compliance with these noise
standards and be consistent with Massachusetts Department of Environmental
Protection guidance for noise measurement.
04.3.5 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.
04.4 Safety Standards
No hazardous materials or waste shall be discharged on the site of any wind
energy conversion facility. If any hazardous materials or wastes are to be used
on site, there shall be provisions for full containment of such materials or waste.
An enclosed containment area, designed to contain at least 110 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 energy conversion towers shall also be designed to prevent
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unauthorized access (for example, by construction of a fenced enclosure or locked
access).
05.0 Use by Telecommunications Carriers
Wind energy conversion facilities may be used to locate telecommunications
antennas, subject to applicable regulations governing such uses, and subject to the
following requirements:
a) All ground-mounted telecommunications equipment shall be located in either a
shelter, within the wind turbine tower or otherwise screened from view yearround
(either through effective landscaping or existing natural vegetated buffers);
b) Antennas shall be flush-mounted to be in keeping with the design of the wind
turbine tower; and
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.
06.0 Modifications
All modifications to a wind energy conversion facility made after issuance of the
Special Permit shall require approval by the SPGA in accordance with the town’s
existing process for modifications to Special Permit approvals.
07.0 Monitoring and Maintenance
07.1 After the wind energy conversion facility is operational, the applicant shall
submit to the town at annual intervals from the date of issuance of the Special
Permit, a report detailing operating data for the facility (including but not limited to
days of operation, energy production, etc.).
07.2 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 if present.
07.3 Notice shall be provided to the town of any change in owner of the facility.
08.0 Abandonment or Discontinuation of Use
08.1 At such time that a wind energy conversion facility is scheduled to be
abandoned or discontinued, the applicant will notify the town by certified U.S. mail
of the proposed date of abandonment or discontinuation of operations. In the event
that an applicant fails to give such notice, the facility shall be considered abandoned
or discontinued if the facility is inoperable for 180 days. In the case of a multi-turbine
facility, the SPGA shall determine in its decision what proportion of the facility would
be inoperable for the facility to be considered abandoned.
08.2 Upon abandonment or discontinuation of use, the owner shall physically
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remove the wind energy conversion facility within 90 days from the date of
abandonment or discontinuation of use. This period may be extended at the request
of the operator and at the discretion of the SPGA. “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 wind energy conversion facility to its natural
condition, except that any landscaping, grading or below-grade foundation may
remain in the after-condition.
08.3 If an applicant fails to remove a wind energy conversion facility in accordance
with this section of this bylaw, the town shall have the authority to enter the subject
property and physically remove the facility. The SPGA may require the applicant to
provide a form of surety (i.e. post a bond, letter of credit or establish an escrow
account or other) at the SPGA’s election at the time of construction to cover costs of
the removal in the event the town must remove the facility. The amount of such
surety shall be equal to 150 percent of the cost of compliance with this section. 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 a Cost
of Living Adjustment after 10 and 15 years.
09.0 Term of Special Permit
A Special Permit issued for any wind energy conversion facility shall be valid for 25
years, unless extended or renewed. 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 by the applicant.
10.0 Application Procedures
10.1 Special Permit Granting Authority (SPGA)
The SPGA for wind energy conversion facilities shall be the Planning Board.
10.2 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 to
discuss the proposed wind energy conversion facility in general terms and to clarify
the filing requirements. The SPGA shall meet with an applicant under this regulation
within 21 days following a written request submitted to the SPGA and the Town
Clerk. If the SPGA fails to meet with an applicant who has requested such a meeting
within 21 days of said request and said meeting has not been postponed due to
mutual agreement, the applicant may proceed with a Special Permit application
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under this regulation without need for a pre-application conference.
10.3 Pre-Application Filing Requirements
The purpose of the conference is to inform the SPGA as to the preliminary nature of
the proposed wind energy conversion facility. 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 facility, as well as its scale and overall
design.
10.4 Professional Fees
The town may retain a technical expert/consultant to verify information presented by
the applicant. The cost for such a technical expert/consultant will be at the expense of
the applicant.
10.5 Additional Requirements
Within 30 days of the pre-application conference, or within 21 days of filing 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 town at least 14 days, but not more than 21 days prior to the test. In addition,
notice shall be provided to the town, abutters and abutting Historic Commissions
and an identical courtesy notice shall be sent to the Town Clerk of all adjacent towns.
10.6 Application Filing Requirements
The following shall be included with an application for a Special Permit for each wind
energy conversion facility:
10.6.1: General Filing Requirements
a) Name, address, telephone number and original signature (photo-reproductions
of signatures will not be accepted) of applicant and any co-applicants. Coapplicants
may include the landowner of the subject property or the operator of
the wind energy conversion facility. If telecommunications antenna are proposed,
a telecommunications carrier should be a co-applicant.
b) If the applicant or co-applicant will be represented by an agent, the name,
address and telephone number shall be provided as well as original signature
authorizing the agent to represent the applicant and/or co-applicant shall be
provided. Photo-reproductions of signatures will not be accepted.
c) Documentation of the legal right to install and use the proposed facility and
proof of control over the clear area, per Section 03.2 of these regulations.
10.6.2: Location Filing Requirements
a) Identify the subject property by including the town as well as the name of the
locality, name of the nearest road or roads, and street address, if any
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b) Tax map and parcel number of subject property
c) Zoning district designation for the subject parcel (submit copy of town zoning
map with parcel identified)
d) A line map to scale showing the lot lines of the subject property and all
properties within 300 feet of the property lines, as well as the location of all
buildings, including accessory structures, on all properties shown.
10.6.3: Siting and Design Filing Requirements
10.6.3.1 VICINITY/SITE MAP
A one-inch-equals-40 feet vicinity plan, signed and sealed by a Registered
Professional Engineer or Licensed Surveyor showing the following:
a) Property lines for the subject property and all properties adjacent to the subject
property within 300 feet.
b) Outline of all existing buildings, including purpose (e.g., residential buildings,
garages, accessory structures, etc.) on subject property and all adjacent properties
within 300 feet. Distances, at grade, from the proposed wind energy conversion
facility to each building on the vicinity plan shall be shown.
c) Proposed location of wind energy conversion facility, including all turbines,
fencing, associated ground equipment, transmission infrastructure and access
roads. Including:
1) Location of all roads, public and private, on the subject property and
on all adjacent properties within 300 feet including driveways proposed
to serve the wind energy conversion facility,
2) All proposed changes to the existing property, including grading,
vegetation removal and temporary or permanent roads and
driveways,
3) 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.
d) Tree cover and average height of trees on the subject property and adjacent
properties within 300 feet.
e) Contours at each two feet Above Mean Sea Level (AMSL) for the subject
property and adjacent properties within 300 feet.
f) Representation of location of viewpoint for the sight-line diagram referenced
below.
10.6.3.2 SIGHT LINES AND PHOTOGRAPHS
Sight lines and photographs as described below:
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a) 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 one inch
equals 40 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.
b) Existing (before condition) photographs. A color photograph of the current
view shall be submitted from at least two locations to show the existing situation.
c) Proposed (after condition). Each of the existing-condition photographs shall
have the proposed wind energy conversion facility superimposed on it to
accurately simulate the proposed wind energy conversion facility when built and
illustrate its total height, width and breadth.
10.6.3.3 ELEVATIONS
Siting elevations, or views at-grade from the north, south, east and west for a 50-
foot radius around the proposed wind energy conversion facility.
Elevations shall be at either one-quarter inch equals one foot or one-eighth inch
equals one foot scale and show the following:
a) Wind energy conversion facility and if applicable the security barrier and
associated equipment, with total elevation dimensions of all parts of the facility.
b) Security barrier. If the security barrier will block views of the wind energy
conversion facility, the barrier drawing shall be cut away to show the view behind
the barrier.
c) Any and all structures on the subject property.
d) Existing trees and shrubs at current height and proposed trees and shrubs at
proposed height at time of installation, with approximate elevations dimensioned.
e) Grade changes, or cuts and fills, to be shown as original grade and new grade
line, with two-foot contours above mean sea level.
10.6.3.4 MATERIALS
a) Specifications for the proposed wind energy conversion facility shall be
provided for all equipment and attendant facilities.
b) Materials of the proposed wind energy conversion facility specified by type
and specific treatment. These shall be provided for the wind turbine tower and all
other proposed equipment/facilities.
c) Colors of the proposed wind energy conversion facility represented by a color
board showing actual colors proposed.
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10.6.3.5 LANDSCAPE PLAN
A Landscape plan including existing trees and shrubs and those proposed to be
added or removed, identified by size of specimen at installation and species.
10.6.3.6 LIGHTING PLAN
If lighting of the site or turbine is proposed (other than FAA lights), 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 25 feet beyond the property lines. The printout shall indicate the
locations and types of luminaires proposed.
10.6.4: Environmental Requirements
10.6.4.1 NOISE FILING REQUIREMENTS
The applicant shall provide a statement listing the existing noise levels and the
maximum future projected noise levels from the proposed wind energy
conversion facility. Such statement shall be certified and signed by a qualified
engineer, stating that noise projections are accurate and meet the noise standards
of this bylaw and applicable state requirements.
10.6.4.2 OTHER
The applicant shall submit information illustrating how the project is consistent
with the environmental standards of this bylaw.
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Appendix D: Resources for Wind Energy Issues
American Wind Energy Association: A national trade association that represents
hundreds of wind energy member companies and advocates from the United States
and around the world.
Website: http://www.awea.org
British Wind Energy Association: A national industry association with links and
resources for information about wind power.
Website: http://www.BWEA.org/
The Center for Energy Efficiency and Renewable Energy: A research program based in
the University of Massachusetts, Amherst.
Website: http://www.ceere.org
Danish Wind Industry Association: A national trade association for Denmark, a country
that is a world leader in wind energy development. The site has a large number of
resources on the technology.
Website: http://www.windpower.org/en/core.htm
Environmental Protection Agency: Provides a variety of information on New England
renewable projects.
Website: http://www.epa.gov/ne/eco/energy/renewable_energy.html
The National Renewable Energy Laboratory: Operates the National Wind Technology
Center and other wind-related programs for the U.S. Department of Energy.
Website: http://www.nrel.gov/wind/
The National Wind Coordinating Committee: Provides a forum for identifying issues
that affect the use of wind power.
Website: http://www.nationalwind.org
Sandia National Laboratories: Involved in renewable energy technologies, including
wind, for more than 20 years.
Website: http://www.sandia.gov/Renewable_Energy/wind_energy/homepage.html
US Dept. of Energy’s Energy Efficiency and Renewable Energy Network provides
information on wind energy.
Website: http://www.eren.doe.gov/RE/wind.html
