[Added 3-29-2008 by Art.
14]
[Amended 4-30-2011 by
Art. 21]
It is the express purpose of this bylaw to accommodate large
distributed generation, wind energy conversion facilities, hereinafter
referred to as a wind turbine(s), in appropriate locations, while
minimizing adverse safety and environmental impacts of the facilities.
The bylaw enables the review of wind turbines by the Town's Planning
Board 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 in
Cohasset.
As used in this article, the following terms shall have the
meanings indicated:
The frame and housing at the top of the tower that encloses
the gearbox and generators and protects them from the weather.
A shelter (as a house) in which people live (can include
commercial apartments/living facilities).
[Amended 4-30-2011 by
Art. 21]
The blades and hub of the wind turbine(s) that rotate during
turbine operation.
The base of the tower to the nearest lot line.
Only wind turbines greater than 500 kilowatts are covered
by this bylaw.
The Planning Board is the special permit granting authority
for wind energy conversion facilities.
[Amended 4-30-2018 ATM
by Art. 19]
The height of a turbine(s) is measured from the pre-construction
grade to the highest point reached by the blades.
[Amended 4-30-2011 by
Art. 21]
The height of the tower is measured from the pre-construction
grade to the highest point reached by the nacelle.
[Amended 4-30-2011 by
Art. 21]
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.
Tower used for supporting anemometer, wind vane and other
equipment to assess the wind resource at a predetermined height above
the ground.
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.
The blinking effect while the rotor is in motion.
[Amended 4-30-2011 by
Art. 21]
A.
B.
Site control. The applicant shall submit with the application documentation
of the applicant's legal right to install and use the proposed facility
at the subject property. Documentation should also include proof of
control over the setback areas.
C.
Dimensional requirements. All wind turbines shall comply with the requirements set forth in this Subsection C.
(1)
Height. Wind turbines shall have a maximum tower height of 260
feet (80 meters), as measured from the pre-construction grade to the
highest point reached by the nacelle. The SPGA may allow this tower
height to be exceeded as part of the special permit process if the
project proponent can demonstrate that the additional tower height
is essential and that the additional benefits of the higher tower
outweigh any adverse impacts, but in no case shall tower height exceed
350 feet (100 meters) to the highest point reached by the nacelle.
Monopole towers are the required method of support.
[Amended 4-30-2011 by
Art. 21]
(2)
Setback.
(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, a wind turbine may not be sited within:
[1]
A distance equal to the total height of the wind
turbine from buildings, critical infrastructure, or private or public
ways that are not part of the wind energy facility;
[2]
Three times the total height of the turbine from
the nearest existing residential structure; or
[3]
One and five-tenths times the total height of the
turbine from the nearest property line not delineating properties
each owned in whole by the applicant.
[Amended 4-30-2011 by
Art. 21]
The SPGA may grant a special permit only if it finds that the
proposal complies with the provisions of this bylaw and is consistent
with the applicable criteria for granting special permits.
A.
General. Proposed wind turbine(s) shall comply with all applicable
local, state and federal requirements, including but not limited to
all applicable electrical, construction, noise, safety, environmental
and communications requirements.
(1)
Color. Wind turbine(s) shall be painted a non-reflective color.
(2)
Lighting and signage. Wind turbine(s) 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
marking and/or lights for the structure.
(a)
Lighting of equipment structures and any other facilities on
site (except lighting) required by the FAA shall be shielded from
abutting properties.
(c)
All signs shall comply with the requirements of the Town's sign
regulations unless relief is granted by the SPGA.
[Amended 11-17-2008 by
Art. 10]
B.
Performance standards.
(1)
Land clearing/open space/rare species. Wind turbines 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 turbine 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.) as
may be applicable law.
(2)
Stormwater. Stormwater runoff and erosion control shall be managed
in a manner consistent with all applicable state and local law.
(3)
Noise.
(a)
The wind turbine and associated equipment shall conform to 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 shall be consistent with Massachusetts Department of
Environmental Protection guidance for noise measurement. Additionally,
a noise source will be considered in violation of this bylaw if the
source:
[1]
Increases the broadband sound level by more than
10 dB(A) above ambient at the property line; (or)
[2]
Increases the broadband sound level by more than
eight dB(A) at the nearest residence; (or)
[3]
Produces a "pure tone" condition, when any octave
band center frequency sound-pressure level exceeds the two adjacent
center frequency sound-pressure levels by three decibels or more at
the property line or at the nearest permitted residence; (or)
[4]
Adds to the noise generated by existing turbines
within 1/2 mile, such that the cumulative total of sound level calculations
increases the broadband sound level by more than 10 dB(A) above ambient
at the property line or increases the broadband sound level by more
than eight dB(A) at the nearest residence.
(c)
A noise analysis shall be performed within 90 days of initial
operation and a certified test report, prepared by an engineer board
certified by the Institute of Noise Control Engineering (INCE), shall
be submitted after initial operation of the facility to demonstrate
compliance with these noise regulations and with the noise level analysis
submitted by the applicant. Additional tests shall be performed from
time to time upon the request of the SPGA and certified test reports
submitted. If any analyses indicate noise levels in excess of those
permitted by regulations, remedial measures shall be undertaken to
bring noise levels into compliance. Test methods shall be consistent
with Massachusetts Department of Environmental Protection guidelines
for noise measurement.
[Amended 4-30-2011 by
Art. 21]
(4)
Shadowing/flicker. A shadow flicker analysis shall be performed
by a qualified engineer using industry recognized software to determine
the worst-case shadow flicker that could be experienced by all private
structures occupied during daylight hours within 1/2 mile of the base
of each turbine. The maximum allowable worst-case daily shadow flicker
for each applicable structure shall not exceed 30 minutes for each
day.
[Amended 4-30-2011 by
Art. 21]
Wind turbines may be used to locate telecommunications antennas,
subject to applicable law governing such uses and structures, and
subject to the following additional requirements:
A.
All ground-mounted telecommunications equipment shall be located
in either a shelter, within the wind turbine tower or otherwise screened
from view year-round (either through effective landscaping or existing
natural vegetated buffers);
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.
A.
After the wind turbine is operational, the applicant shall submit
to the SPGA, 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
in accordance with the special permit conditions).
B.
The applicant shall maintain the wind energy conversion facility
in good condition. Such maintenance shall include, without limitations,
painting, structural integrity of the foundation and support structure
and security barrier (if applicable), and maintenance of the buffer
areas and landscaping if present.
C.
Notice shall be provided to the SPGA of any change in ownership of
the facility.
A.
Within six months that a wind turbine(s) is scheduled to be discontinued,
the applicant will notify the SPGA by certified U.S. mail of the proposed
date of abandonment or discontinuance 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 190 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.
B.
Upon abandonment or discontinuation of use, the owner shall physically
remove the wind turbine(s) within 90 days from the date of abandonment
or discontinuation of use. This period may be extended at the request
of the owner and at the discretion of the SPGA. "Physically remove"
shall include, but not be limited to:
[Amended 11-17-2008 by
Art. 10]
(1)
Removal of the wind turbine(s) and tower(s), all machinery,
equipment, equipment shelters, security barriers and all appurtenant
structures from the subject property.
(2)
Proper disposal of all solid or hazardous materials and wastes
from the site in accordance with local and state solid waste disposal
regulations.
(3)
Restoration of the location of the wind turbine(s) to its natural
condition, except that any landscaping, grading or below-grade foundation
may remain in the after-condition.
C.
If an applicant fails to remove a wind turbine 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 in its decision require the applicant 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 to cover costs of removal in the
event the Town must remove the facility. The amount of such surety
shall be equal to 150% of the cost of removal of the facility as determined
by a qualified engineer. After 10 and 20 years, the original bond
requirement may be adjusted to reflect then-current anticipated decommissioning/deconstruction
costs.
[Amended 4-30-2011 by
Art. 21]
A special permit issued for any wind turbine(s) facility shall
be valid for 25 years unless extended or renewed. At the end of that
time period, the wind turbine(s) shall be removed by the applicant.
[Amended 11-17-2008 by
Art. 10]
A.
Special permit granting authority (SPGA). The SPGA for wind energy
conversion facilities, also referred to as wind turbine(s) in this
bylaw shall be the Planning Board.
[Amended 4-30-2011 by
Art. 21; 4-28-2014 ATM by Art.
23]
In granting a special permit under this article, the SPGA may
impose conditions and limitations specially designed to safeguard
the property, health, safety, and economic value of occupants of the
premises and of other land, as well as the Town and its residents.
