A.Â
This Bylaw pertains to land-based Municipal wind energy conversion facilities, as defined below. Article 40 of the Zoning Bylaws pertains to Residential-size wind energy conversion facilities, as defined below. Article 41 of the Zoning Bylaws pertains to Commercial-size wind energy conversion facilities, as defined below.
B.Â
Given the Town's location on the South Coast in a generally favorable
wind environment, this Bylaw provides standards for proposed municipal
projects so that the potential of the wind can be realized in an expeditious
and responsible manner.
The area of a circle centered on the center of the Tower
and having a radius equal to the Total Height as defined below.
A wind energy conversion facility (WECF) having a rated electrical power output greater than 10 kilowatts, other than a Municipal WECF as defined below. (Commercial-size WECFs are not covered by this By-law; see Article 41 of the Zoning Bylaws.)
Horizontal-axis wind turbine.
The height of a HAWT measured vertically from the natural
grade at the base of the Tower to the centerline of the Rotor.
A wind energy conversion facility (WECF) located on Town-owned
property designed to provide at least 50% of its electrical output,
or of the value thereof, for the use or benefit of the Town of Dartmouth
and without regard to the ownership of the structure or equipment.
The frame and housing at the top of a HAWT Tower that encloses
the gearbox, generator, and other accessories, and protects them from
the weather.
A business establishment open to the general public, but
not including business establishments, operations or plants owned,
controlled, operated or managed by the Town of Dartmouth.
A wind energy conversion facility (WECF) having a rated electrical power output less than or equal to 10 kilowatts, other than a Municipal WECF as defined above. (Residential-size WECFs are not covered by this Bylaw; see Article 40 of the Zoning Bylaws.)
The blades and hub of the wind turbine that rotate during
turbine operation.
The height of a HAWT measured from the natural grade at the
base of the Tower to the tip of a blade at its highest point, or the
maximum height of a vertical-axis wind turbine (VAWT).
The structure that supports the turbine, Rotor, generator,
and accessory equipment. The tower may be a monopole or lattice design,
with or without guy wires depending on the height and other factors.
Vertical-axis wind turbine; sometimes called a Darrieus-type
wind turbine.
All equipment, machinery and structures used in connection
with the conversion of wind energy to electricity. This includes,
but is not limited to, all transmission, storage, collection and supply
equipment, substations, network of cabling, transformers, site-access
and service roads, and machinery associated with its use. A wind energy
conversion facility may consist of one or more wind turbines.
Tower used for supporting anemometers, wind vanes and other equipment to assess the wind resource at set heights above the ground. (Wind monitoring or MET towers are not covered by this Bylaw; see Article 40 of the Zoning Bylaws.)
Any electromechanical device that converts kinetic energy
of the wind into rotational energy to turn an electrical generator
shaft. Wind turbines usually consist of a horizontal-axis rotor, Nacelle
and supporting Tower (HAWTs). Both HAWTs and VAWTs are covered by
this Bylaw.
A.Â
Use regulations. Municipal WECFs shall be allowed as of right in all districts of the Town, provided the proposed Municipal WECF complies with all Standards set forth in § 375-42.3 of this Bylaw. A building permit shall be required for all Municipal WECFs in accordance with the Standards of this § 375-42.3.
B.Â
Dimensional requirements. Each Municipal WECF shall comply with the
requirements set forth in this subsection.
(1)Â
Height. The Hub Height shall not exceed 330 ft (100 m).
(2)Â
Setback and clear area requirements.
(a)Â
Each Municipal WECF shall comply with the building setback provisions
of the zoning district in which the facility is located.
(b)Â
For HAWTs, the distance from each Tower to the nearest property
line shall be at least two times the Hub Height measured at grade
from the center of the base of the Tower to the nearest property line.
(c)Â
For VAWTs, the distance from each Tower to the nearest property
line shall be at least two times the Total Height measured at grade
from the center of the base of the Tower to the nearest property line.
(d)Â
The Town shall be required to maintain the Clear Area free of
any structure containing a residence or Place of Business.
C.Â
Equipment shelters. All equipment necessary for monitoring and operation
of the Municipal WECF should be secured within the wind turbine Tower
or base. If this is infeasible, ancillary equipment may be located
outside the Tower or base, provided such equipment is either contained
within an underground vault, enclosed within a separate structure,
or hidden behind a year-round landscape or vegetated buffer.
D.Â
Lighting and signage. Unless required by the Federal Aviation Administration
(FAA), Municipal WECFs shall not be lighted on a continuous basis.
Lighting of equipment, structures, and any other facilities on site
(except lighting required by the FAA) shall be shielded from abutting
properties. Municipal WECFs shall be free of all company logos, advertising,
and similar promotional markings. Signs on the facility shall be limited
to those needed to warn of any danger; and educational signs providing
information on the technology.
E.Â
Safety standards. No hazardous materials or waste shall be discharged
on the site of Municipal WECFs. If any hazardous materials or wastes
are to be used on site, the Town shall incorporate provisions for
full containment of such materials or waste. An enclosed containment
area, designed to contain at least 110% of the volume of the hazardous
materials or waste stored or used on the site is required to meet
this requirement. Municipal WECFs shall also be designed to prevent
unauthorized access (for example, by construction of a fenced enclosure
or locked access, anti-climbing provisions, etc.).
F.Â
Paint. Each Municipal WECF shall be painted a non-reflective color.
The provisions of this Bylaw are severable. If any provision
of this Bylaw is held invalid, the other provisions shall not be affected
thereby. If the application of this Bylaw or any of its provisions
to any person or circumstance is held invalid, the application of
this Bylaw and its provisions to other persons and circumstances shall
not be affected thereby.
