The meeting on Thursday, October 26th on the proposed by-law addressing wind towers in Savoy drew a respectable audience, but hardly the amount of interest one would have expected considering the importance of the subject. Eric Krutiak served as Moderator while Planning Board members asked and answered questions, hoping to gather helpful direction from the comments offered by residents and others. The by-law has been in the works for at least two years and a final draft should be ready to put to a vote within four or five months, according to Planning Board Chair, Jamie Reinhardt. The passage or defeat of the by-law at a town meeting is the only vote the residents will have on the windpower project. It requires a two-thirds vote [in favor] to pass. Height, sound, lighting, set-back from property lines, monitoring, maintenance, liability insurance,safety considerations, emergency problems, emissions, construction, abandonment or decommissioning, are all part of the issues the by-law will address. The terms and conditions of the by-law will provide standards and requirements for regulation, design and construction of the turbines. "With this by-law, the town Planning Board and Zoning Board of Appeals and other governing officials can establish reasonable terms and conditions." The Planning Board has been working with advice from the Berkshire Regional Planning Commission and models of by-laws that have been written for other area towns to establish our own by-law.
The audience appeard to be well represented by both advocates of wind power in town and those who oppose any such project. Don McCauley and Steve Wiseman of Minute Man Wind, LCC, the Waltham based company looking to put in the turbines, took notes during the hour and a half long meeting, but did not speak openly to the crowd. The audience was asked to keep all questions and statements focused on the by-law only. Personal opinions, arguments for or against the project were discouraged. For the most part, everyone cooperated. A second meeting planned for the first week in November was considered unnecessary. The Planning Board felt the responses from the residents and others attending this meeting had been enough for them to finish their work on the by-law and that pretty much everything that could be said about it had been said.
Many residents in town are under the impression that there will be a ballot vote on the wind turbines. This is not the case. The by-law will be presented to the voters at a town meeting. Voting will take place by the raising of hands or (if requested) a secret ballot. A two-thirds majority is necessary to pass the by-law. If passed at town meeting, the paperwork on the by-law, a certification of the final vote, and all pertinent information, is sent to the Attorney General by the Town Clerk for approval. If the by-law is approved by the Attorney General, the Clerk is notified of the decision and this notification must be posted at various places in town or published in the local newspapers before officially becoming a law of the town. It is a lengthy and complicated process. If the by-law fails to pass at town meeting, the developers can submit an application for a special permit to proceed with the project. This also is a lengthy process with time restraints. The responsibility to decide on the special permit rests with the Zoning Board. There will be a public hearing on the project which is meant to help the Zoning Board make a decision on whether to grant the permit or not, but the town will not have a vote. A by-law in place, voted on by the town, is a way the residents of this town can control such a project. Residents are urged to learn as much as they can about this process and what it will mean to the future of Savoy. from the Town Clerk
Sunday, October 29, 2006
Wednesday, October 11, 2006
What: Tall Girls Clothing Swap
For all girls and women 6 feet tall and over ONLY! (And those with wicked long arms & legs.)
Where: Meeting in Style
5 State Street, 3rd Floor
Shelburne Falls, MA 01370
When: Saturday, October 28, 2:00pm sharp to 5:00pm
Cost: This is a free and open event. RSVP is required. RSVP at http://www.evite.com/app/publicUrl/chassewithme@hotmail.com/tallgirlsclothesswap
or 413-625-2682
If you’re 6’+ you know how hard it is to find clothing that fits! You're not alone. Clean out your closets and bring those pants you haven't worn in five years! Someone wants them here! You may walk away with the perfect sweater, one that reaches to your wrists and covers your belly.What to bring:
Long pants
long armed & torso(ed) shirts
long skirts
long dresses
coats with long sleeves
shoes size 10+
any other items designed for the long torsoed/legged/armed female populationAll (number/letter) sizes and ages welcome. Unless they match or complete an outfit comprised of an item listed above, please do not bring shorts, short skirts, cropped pants or short sleeved or tank shirts unless the torso length is long. Sorry - the venue, www.meetinginstyle.com, is not handicap accessible.If you can't attend and have some clothes to donate, call Stacy Kontrabecki, 6’1”, at 413-625-2682 or email chassewithme@hotmail.com
For all girls and women 6 feet tall and over ONLY! (And those with wicked long arms & legs.)
Where: Meeting in Style
5 State Street, 3rd Floor
Shelburne Falls, MA 01370
When: Saturday, October 28, 2:00pm sharp to 5:00pm
Cost: This is a free and open event. RSVP is required. RSVP at http://www.evite.com/app/publicUrl/chassewithme@hotmail.com/tallgirlsclothesswap
or 413-625-2682
If you’re 6’+ you know how hard it is to find clothing that fits! You're not alone. Clean out your closets and bring those pants you haven't worn in five years! Someone wants them here! You may walk away with the perfect sweater, one that reaches to your wrists and covers your belly.What to bring:
Long pants
long armed & torso(ed) shirts
long skirts
long dresses
coats with long sleeves
shoes size 10+
any other items designed for the long torsoed/legged/armed female populationAll (number/letter) sizes and ages welcome. Unless they match or complete an outfit comprised of an item listed above, please do not bring shorts, short skirts, cropped pants or short sleeved or tank shirts unless the torso length is long. Sorry - the venue, www.meetinginstyle.com, is not handicap accessible.If you can't attend and have some clothes to donate, call Stacy Kontrabecki, 6’1”, at 413-625-2682 or email chassewithme@hotmail.com
Monday, October 09, 2006
The Planning Board met October 4. Jamie Reinhardt said the Planning Board has scheduled hearings for October 26 and November 2 from 7 to 9 p.m. at the fire house. Eric Krutiak will be the moderator. Jamie outlined the procedures for the meeting. The Select Board will open questions and comments to the residents of Savoy before permitting non-residents to speak. The November 2 meeting will be held if everyone who wants to comment has not had an opportunity at the October 26 meeting. Jamie emphasized the hearing is on the proposed by-law only. The Planning Board will not entertain any questions specific to the Minuteman Wind Project. The Planning Board would prefer specific questions regarding the proposed by-law to help them in defining language changes in the proposed by-law. After the meetings, the Planning Board will finalize the by-law and present to the town for a vote. At the meeting for voting on the by-law, amendments can be presented for consideration. The amendment will require a two-thirds vote to pass.
26 JULY 06 Worksheet
Introduction: In the summer of 2004, the Planning Board mailed a questionnaire to all town residents soliciting their opinions on the topics of wind turbine projects and telecommunication towers (cell towers) in the town; 48 were returned. Of the questionnaires received there were 40 in favor and 8 opposed to Wind Turbine Projects. The result favorable of such projects was 83.3%.
Due to the surrounding communities interest and potential development of wind turbine projects, the results of the questionnaire and the recommendation of the Berkshire Regional Planning Commission (BRPC), the Planning Board has developed this bylaw for the purpose of providing standards and requirements for regulation, design, construction, monitoring, modification and removal of such facilities. With this bylaw, the town Planning Board and Zoning Board of Appeals and other governing officials can establish reasonable terms and conditions. The Zoning Board of Appeals is the Special permit granting authority (SPGA) in such matters. The by-laws are an attempt to balance community and environmental concerns and in the best interest of the town.
Research:
1. How are complaint/resolution mechanisms routed and by whom?
2. Some wording if something is found of concern that is not specifically worded in the bylaw/
3. Wording if some new ‘issue’ arises. Were do we add such a thing?
4. Can Fish and Wildlife provide information/recommendation?
5. Visit a project. Dialogue with township officials and residents.
6. Mechanism for settling disputes/claims by resident(s).
Commercial Wind Energy Facility Bylaw
1. Purpose
The purpose of this Commercial Wind Energy Facility Bylaw is intended to protect the scenic, historic, environmental and natural or man-made resources of the community. This bylaw is a guideline providing standards and requirements for regulation, design, construction, monitoring, modification and removal of such facilities. The guidelines are an effort to seek a balance between community and environmental concerns and act in the best interest and character of the town.
2. Definitions
Blade Throw: This occurs when a turbine blade, pieces of the blade, or ice from the blade separate from the structure and "fly" off outward and down.
Commercial Wind Energy Conversion Facility: A facility that uses less than 50% of the electrical energy generated by the facility on the site.
‘Decommissioning’: The physical removal of all structures, machinery, equipment, fencing and transmission lines from the facility.
Flickering: This occurs when the sun’s rays on nearby receptors (usually homes and businesses) are temporarily blocked by the passing of a rotating wind turbine blade; the extent of flickering is dependent on turbine height, blade length and seasonal position of the sun on the horizon.
Height: For the purpose of calculating the overall height of a wind turbine, the total height shall be measured from the average grade to the uppermost extension of any blade or maximum height reached by any part or the wind turbine.
Shadowing: This occurs when shadows are cast by wind turbines; the extent of shadowing is dependent on turbine height, width and seasonal position of the sun on the horizon.
Facility Owner
The owner(s) of the wind turbines and its accessory equipment involved in the generation of electricity. The operator shall be responsible for the upkeep and maintenance of the facility to ensure that the facility is in proper and safe operating order.
Facility Owner
The owner(s) of the wind turbines and its accessory equipment involved in the generation of electricity. The operator shall be responsible for the upkeep and maintenance of the facility to ensure that the facility is in proper and safe operating order.
Property Owner
An individual. Firm, association, syndicate, partnership, or corporation holding proprietary interest in land on which the Wind Energy Conversion Facility is located or proposed to be located. The owner may or may not be the Facility Owner.
All improvements are removed, the site and accompanying access roads are re-graded to match pre-existing topography, and the site and access roads are re-vegetated. Existing trees shall only be removed if necessary to complete the required removal.
Restored
All improvements are removed, the site and accompanying access roads are re-graded to match pre-existing topography, and the site and access roads are re-vegetated. Existing trees shall only be removed if necessary to complete the required removal.
Wind Energy Conversion Facility: All equipment, machinery and structures utilized in connection with commercial wind-generated energy production and generation, including related transmission, distribution, collection, storage or supply systems whether underground, on the surface or overhead, and other equipment or byproducts in connection therewith and the sale of the energy produced thereby, including but not limited to, wind turbine (foundation, tower, nacelle and blades), anemometers (wind measuring equipment), transformers, substation, power lines, control and maintenance facilities, site access and service roads.
Wind Turbine: Equipment used in wind-generated energy production. Wind turbines capture the kinetic energy of the wind and convert it into electricity. Primary components are the foundation, tower, nacelle and blades.
3. Wind Monitoring or Meteorological Towers
Meteorological towers shall be a by-right temporary structure installation provided the tower meets the following conditions:
(a) The tower shall be removed after a period of 18 months from the date of the erection. This may be extended a period of 2 months with evidence of a failure in the data collection equipment. If a meteorological tower is to be permanently installed, it shall be permitted in conjunction with the special permit for the project.
(b) The site shall be restored to the existing conditions prior to the installation following the removal of the tower. If wind turbines are being proposed for the site(s) on which the towers were located, the site shall be stabilized rather than restore it to pre-existing conditions until the time of a turbine being installed. Stabilization shall be limited to a period of 1 year after which, the site shall be restored to the existing conditions prior to the installation.
(c) A financial surety, in a form and amount acceptable to the SPGA, shall be provided to protect the town from decommissioning, abandonment and/or environmental damage from inappropriate construction practices. The amount, shall be adequate to cover the cost for removing the structure and devices, disposing of those, restoration of the site and associated fees.
(d) In the event that the private property owner wishes to retain foundation components of the meteorological, the owner shall ensure stabilization of the site against erosion.
4. General Requirements for Wind Energy Conversion Facilities
4.1.1 General
A wind facility may be authorized by a Special Permit issued by the Special Permit Granting Authority (SPGA). The SPGA is the Zoning Board of Appeals.
4.1.2 Findings
The SPGA may grant a Special Permit only if it finds that the proposed wind facility:
Complies, at a minimum, with all the criteria of this bylaw; and
(b) Will not have detrimental effect upon the local neighborhood and the town, by locating structures so that they minimize negative impacts, such as, but not limited to, visual blight, noise and falling objects on the general safety, welfare and quality of life of the community; and
Documentation that the facility complies with all applicable local, state, federal laws and regulations, including but not limited to all applicable safety, construction, noise, electrical, communications, environmental and aviation requirements.
4.1.3 Surety
The project owner(s)/developer/operator shall post a financial surety in form and amount satisfactory to the SPGA and the Town Counsel, to ensure compliance with all conditions of the Special Permit. Conditions shall include, but not be limited to, provisions for repairs to the access road, restoration of required buffers or restoration of the environment at no cost to the Town. Such surety shall also cover the removal and disposal of the facility and restoration of the site and/or access roads to pre-existing conditions in the event of non-operation or abandonment. An access road may include existing town roads not designed for heavy traffic. Abandonment shall be defined as the unexcused failure to operate the facility, except for repair, refurbishment or upgrading, for a consecutive period of 12 months. See Section 9 Abandonment or Decommissioning.
4.1.4 Ongoing Surety Requirements
The project owner(s)/developer/operator shall also provide an ongoing financial surety in a form and amount acceptable to the SPGA to ensure that the facility will be removed and disposed of and the site, including access roads and power line rights-of-way, will be restored to a stable and attractive condition if the project owner abandons the facility or does not meet the special permit conditions.
a. The amount and form of the surety will be reviewed by the SPGA prior to expiration, but no less than every two years.
b. If the estimated costs for removal and restoration increase beyond the amount of the current surety, the SPGA shall increase the required surety amount.
c. Upon a finding of noncompliance by the SPGA with the special permit conditions, or abandonment as defined above, the SPGA shall notify the project owner at their last known address by certified and first class mail of the noncompliance or abandonment and shall provide 30 days notice that the surety may be called in so that the Town may correct the deficiencies or remove the facility and restore the site. In the event that certified mail cannot be delivered, it shall be presumed that first class mail was received by the project owner.
d. After the 30-day period, if the deficiency has not been corrected, the facility placed back in operation, or the facility owner has not appeared before the SPGA at a public meeting and the SPGA provided additional time to bring the facility into full compliance, the Town shall collect the financial surety in the manner established in the surety documents.
e. Subsequent to collecting the surety, the Town will take the necessary steps to correct the deficiency or remove the facility and restore the site, utilizing the funds from the surety. Collected surety shall be maintained by the Town Treasurer in a separate, interest-bearing account and utilized only to bring the facility into compliance. Costs may include necessary legal, engineering, permitting, procurement, and construction/demolition expenses.
f. If surety has to be drawn upon by the Town to correct deficiencies, and the facility is not removed, the surety amount must be recalculated and adequate surety provided to continue to ensure that the full costs of possible future deficiencies or removal and restoration can be covered by the surety.
4.1.5 Liability Insurance
The owner(s)/developer/operator shall be required to provide evidence of adequate liability insurance against loss or damage to persons, including personal injury or death, and structures occasioned by failure of the facility.
4.2 Design Standards
4.2.1. Aesthetic and Environmental Considerations
A Wind facility shall be:
(a) Located so as to minimize visual and environmental impacts, especially from highly rated scenic areas, while being consistent with economic viability.
(b) Located to utilize existing power lines and existing cleared rights-of-way.
(c ) Located to avoid rare species habitat, wetland resources and old growth forest.
(d) Located in areas where land has already been cleared in order to avoid habitat fragmentation.
4.2.2. Height
The height of a wind facility as measured from grade to blade-tip height or the uppermost extension of any attachment of the wind turbine shall not exceed 350 feet, with a minimum blade clearance from the ground immediately below of 20 feet.
4.2.3. Sound
4.2.3.1 Airborne Sound
Operational noise, shall conform to the guidelines of the Division of Air Quality Control Policy, which clarifies the enforcement of 310 CMR 7.10.
Research BRPC comment below
I would refer to the Div. of Air Quality Control POLICY, not 310 CMR 7.10. It is the policy that has set the level at 10dBA above ambient; 310 CMR 7.1 does not set a limit.
Our previous text:
as measured by the latest standards of ‘The Commonwealth of Massachusetts Air Pollution Control Regulations 310 CMR 7.10: Noise.’
4.2.3.2 Infra-sonic Sound
4.2.4. Color
All facility devices/components (tower, hub and blades) shall be colored (‘putty’), molded and/or installed to blend into the structure and/or the landscape, including the use of non-reflective exterior paints.
4.2.5 Lighting
a. Lighting of the exterior of the wind facility shall be prohibited, except for the minimum extent necessary lighting or marking requirements of the FAA.
b. Supplemental lighting of safety or informational signs as determined necessary by the SPGA. Safety or informational lighting shall be shielded and angled so to illuminate only the signs.
c. The facility shall provide the SPGA with a final official determination by the Federal Aviation Administration (FAA) as to its lighting requirements and/or markings prior to the issuance of any special permit.
4.2.6. Accessory Uses
Wind turbines may be used to locate telecommunications antennas, subject to applicable regulations governing such uses subject to the following:
a. All ground-mounted equipment shall be located in a shelter, within the wind turbine or otherwise screened from view.
b. Antennas shall be flush-mounted to be in keeping with the design of the wind turbine.
c. All associated cabling shall be contained within the tower structure or enclosed within a conduit finished to match the turbine.
4.3 Setbacks
4.3.1 From property lines:
A wind facility tower shall be located at a distance of at least 1.5 times the height of the facility from any adjacent property boundary.
4.3.2 From Structures:
A wind facility shall be located at a distance of at least 1.5 times the height of the facility from any structure/building occupied by humans, whether on site or on adjacent properties. This is relative to any existing structure/building or proposed on record with the building official at the time of the owner(s)/developer/operator application for a special permit.
A natural vegetated buffer shall be retained for at least 50’ (fifty feet) in width around the entire perimeter of the project except were the access drive crosses said buffer.
4.4 Safety
4.4.1. Interferences:
The proponent shall prove to the satisfaction of the SPGA that the facility will not prove detrimental to neighboring properties due to electromagnetic fields, or radio, television, or cellular communications interruptions, or due to shadowing or flickering.
Once built, the facility shall not operate in a manner that exceeds maximum disturbance levels that have been documented as part of the special permit application submittal.
4.4.2. Signage:
a. As determined by the SPGA, to minimize trespassing and to minimize the threat of injury or death the wind facility shall have signage (‘POSTED’ / ‘WARNING’) surrounding each turbine and the access road as deemed necessary by the SPGA with consideration to blade throw and seasonal use of the surrounding property.
b. A locked gate shall be provided at the main access road(s) onto to project facility. An emergency key system (‘KNOX’ Box) shall be provided at each gate and corresponding keys provide to all emergency response personnel and Town Hall.
4.4.3. Emergency Contacts
There shall be a sign clearly displaying the names and telephone/cellular number(s) where the responsible party can be reached on a 24-hour basis. Signage shall follow existing bylaw requirements.
4.4.4. Safety Training
Safety training courses, exercises and equipment shall be provided by the Facility Owner for safety/rescue purposes. Requirements and equipment shall be provided to satisfaction of the governing authorities. (Fire Department, Police Department).
4.5 Permit Process and Filing Requirements
The Application for a wind facility shall be filed in accordance with the rules and regulations of the SPGA, ZBA – Zoning Board of Appeals.
4.5.1. Quantity
The applicant shall provide the Board(s) with a minimum of eight (8) copies of the requested documentation.
4.5.2. List of Applicant Contacts
Provide the name and contact information for the applicant/proponent.
4.5.3. List of Consultants
The proponent shall provide a list of all project related consultants and technical specialists.
4.5.4. Location Map
A copy of a portion of the most recent USGS Quadrangle Map, at a scale of 1:25,000 showing the proposed facility site, including the turbine sites, and the area within at least two miles from the proposed facility.
Note: The following maps and site plans shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts. The maps and plans shall be prepared on 24" X 36" sheets and shall be displayed on as many sheets as necessary to meet the requirements of the Vicinity Map and Site Plan as described below.
4.5.5. Vicinity Map
a. A map of the facility at a scale of 1" = 200 feet, with contour intervals no greater than 10 feet showing the entire area within a 2,000-foot radius of the wind facility project site, including existing topography, public and private roads and trails, building and structures (labeled with the latest owners name), historic sites, bodies of water and landscape features. Indicate the property lines of the proposed wind facility site parcel and of all abutters within 2,000 feet of the site parcel. Show any access easements or rights-of-ways needed for access from a public way to the wind facility, and the names of all abutters or property owners along the site and the easements, or those who have deeded rights to the easement.
b. A separate map shall be provide to show location of all transmission lines and transformers and the site where the electricity generated from the wind facility will join the existing electric grid system or inter-connect location.
4.5.6. Site Plans
The Site Plan shall include at a minimum the following information.
4.5.6.1 Contact information of the landowners of the facility site; and names and addresses of all landowners within 1000 feet of the wind facility parcel.
4.5.6.2 Existing property lines and location of structures or buildings within 1,000-foot radius of each proposed wind facility structure.
4.5.6.3 Existing Conditions Plan: A recent survey of the site at a scale no smaller than one inch equals 40 feet (1:480) with topography drawn with a minimum of five-foot contour intervals, showing existing utilities, property lines, stone walls or fence lines, wooded areas, individual trees with diameters greater than 12 inches within a three hundred foot radius from the base of each proposed tower site (labeled with their current heights).
The survey plan must have been completed, on the ground, by a professional land surveyor within five years prior to the application date, unless there has been substantial change since such date.
4.5.6.4 A plan showing the existing vegetation to be removed or altered.
4.5.6.5 Engineering plans showing drainage of surface water and plans to control erosion and sedimentation both during construction and as a permanent measure.
4.5.6.6 Show the boundary of any wetlands or floodplains or watercourses, and of any bodies of water included in the Water Resource Overlay District (if applicable) within 200 feet for the facility or any related facilities, accessways or appurtenances. Delineation of all wetland resource areas and their associated buffers, and of any certified or suspected vernal pools, and location of all structures and roads within wetland resource areas or within 100 feet of vernal pools.
4.5.6.7 Location of rare and endangered species or communities and flight pathways of bats and birds, including those previously known and those discovered through the Avian and Bat Risk Assessment (as described in Section 4.5.9.c of this bylaw), within a 1000 foot radius of each of the wind facility structures.
4.5.6.8 Locations of all buildings, structures and their appurtenant structures, including supports and guy wires and any equipment, including without limitation, power lines and transformers. Indicate the distances of the bases of the wind turbines to the nearest property lines, buildings, roads, driveways and trails.
4.5.6.9 The proponent shall provide representative elevation views of buildings, structures, including exterior appearance, color and materials.
4.5.6.10 Show two cross-sections through a wind turbine, drawn at right angles to each other and showing the ground profile to at least 100 feet beyond the limit of clearing, and showing any guy wires, supports, transmission lines and any accessory structures. Show the foundation, transmission lines and other infrastructure below grade. Show the relative height of the wind turbines in relation to the surrounding trees; if the trees are not at mature height, also show their expected height in 10 years.
4.5.6.11 Proposed Site Plans: Plans of the proposed facility site layout and utilities, access roads and staging areas, indicating whether they are temporary or permanent, including grading, width and drainage. Include storm water drainage plans, including location and design of conveyance and detention/retention structures. Include a cross-section of the access road indicating the width, crown, depth of gravel, and paving or other surface material. Plans shall be at the same scale as the Existing Conditions Plan.
.5.7. Reports
4.5.7.1 Narrative Report: The proponent shall submit a narrative report summarizing the proposed project, and describing the facility design and the technical, economic and other justifications for the locations of the site and the access road(s) and the various structures. The report shall also describe design features to minimize the visual and environmental impacts of the proposed facility, including a summary of the findings from the Environmental Impact Report.
4.5.7.2 Site Control: The proponent shall submit documentation of the legal right to install and operate the proposed wind facility at the time of application for a Special Permit. Documentation shall also include proof of control over setback areas and access roads. Control shall mean legal authority to prevent the use or construction of any structure within the setback areas for human habitation.
4.5.7.3 Provide a traffic management plan.
4.5.7.2. Provided map of roadways to be utilized for construction and delivery of all project components and materials.
4.5.7.3. Provide information on delivery vehicle types available for delivery of wind turbine components, the vehicle type selected by the proponent and why.
4.5.7.4. Show all transportation routes to be used to transport the wind turbines to the site.
4.5.7.5. Report all locations along the delivery route were land alterations, not withstanding ownership, are necessary.
4.5.7.6. Report if there will be road closures and disruptions effecting provisions for emergency response.
4.5.7.7. Report on all road improvements. The cost of all road improvements shall solely be borne by the facility owner.
4.5.8 Sight Line Simulations
Proposed Sight Line Simulations: The proponent shall submit computer-generated modeling, photographic simulation or other form of documentation acceptable to the SPGA to show the following:
4.5.8.1 Up to (8) eight sight lines, from sites chosen by a coordinated effort between the Planning Board and SPGA, shall be shown of the proposed wind facility.
4.5.8.2 Sight lines shall be mapped on a site plan at a scale appropriate to the number of sites and the distances of the sites.
4.5.9 Environmental Impact Report (EIR): The proponent shall conduct an Environmental Impact Report that will assess the risk to plants and animals. The EIR shall, at a minimum, include:
a. Provide a 3 year study based upon the United States Department of the Interior - Fish and Wildlife Service.
b. Biological Impact Assessment, which will evaluate the potential risks of the proposed wind facility on rare plants and plant communities, and on rare resident and migratory wildlife on the wind facility site and within 1000 feet of the proposed facility.
c. Pre-construction Avian and Bat Assessment, which will evaluate the potential risks of the proposed facility on resident and migratory birds and bats. This assessment shall be conducted in a manner acceptable to state and federal wildlife agencies having authority over resident and migratory species, and shall be conducted (as indicted above), including at minimum both spring and fall migration seasons, prior to the submission of the Special Permit application. The Avian and Bat Assessment shall continue up until the commencement of construction of the wind facility and the data shall be provided to the SPGA on a quarterly basis.
d. Contingency Proposal, which will outline mitigation measures that will be undertaken in the event that unforeseen and unacceptable wildlife impacts and mortalities occur at the wind facility. Unacceptable wildlife impacts and mortalities shall be determined by the state and federal agencies that have authority over the impacted species.
4.5.10 Balloon Visualization
Within 35 days of submitting an application, applicant shall arrange to fly, or raise upon a temporary mast, a (3) three feet (we had a 6’ diameter) diameter nine and one half foot long brightly colored balloon at the maximum blade tip height of the proposed wind facility and at each end of the array of the wind facility. (we had all sites). The dates, (including a second date, in case of poor visibility on the initial date in the reasonable opinion of the Planning Board and SPGA), times and locations of this balloon test shall be advertised, by the applicant, at seven and fourteen days in advance of the first test date (and a second date if applicable) in a newspaper with a general circulation in the Town. The applicant shall inform the Planning Board, SPGA and the Select Board, in writing, of the dates and times of the test, at least fourteen days in advance. The balloon(s) shall be flown for at least four consecutive hours sometime between 9:00 am and 5:00 pm of the dates chosen.
The applicant shall prepare and mail a general circulation in the town to each resident and property owner at least five days prior to such flight. The documentation shall provide the recipient with an explanation of the test and its purpose. The narrative shall be reviewed by the Planning Board, SPGA and the Select Board for review and comment prior to its issuance.
The applicant shall coordinate the procedure with all necessary local, state and federal agencies.
5.0 Independent Consultants
The SPGA may, at its discretion, hire independent consultants whose services shall be paid for by the proponent.
Upon submission of a complete application, the Board(s) shall hire independent consultants whose services shall be paid for in-full by the applicant. In addition to the complete application, the applicant shall deposit with the Town funds sufficient to cover the projected costs of any and all consultants whose services may be required and requested by the Board(s). If the SPGA finds that additional funds are necessary, the applicant shall be required to provide those funds.
6.0 Approval Criteria
In addition to the findings required in this Wind Energy Conversion Facility section, the SPGA shall determine that the proponent has agreed to implement all reasonable measures to mitigate foreseeable and unforeseen adverse impacts of the wind facility should they be later determined to have occurred, including electronic or cellular interference and unacceptable bat and avian kills.
The SPGA shall act upon the wind facility proposal in accordance with the Special Permit procedures and time lines established in Town By-laws.
The SPGA may impose conditions that it deems reasonably necessary to minimize or mitigate detrimental effects to the environment and to neighboring properties, including but not limited to impacts incurred during construction and/or operation of the wind facility.
7.0 Monitoring and Compliance Evaluation
7.1.1 The facility owner shall, at all times, maintain the access road and the facility to a level acceptable to the local Fire Chief, Emergency Medical Service and Highway Department.
7.1.2 The Facility Owner shall be liable for the cost of maintaining the access road (unless accepted as a public way), the project sites, and the facility and for restoration of any damage occurring during construction or as a result of operation of the facility and the cost of any extra maintenance of the access roadway from the accepted public access road(s) if it is caused by the project owner(s)/developer/operator.
7.1.3 The SPGA may impose such safety-related conditions, including but not limited to fences, gates and warning signs as it deems reasonably necessary to protect public health and safety.
7.2 Pre-Turbine Construction Testing:
After the granting of the special permit and before the applicant’s wind energy facility begins operation, the applicant shall pay for an independent consultant, selected/hired by the town, to monitor background noise around the site. A report of the monitoring results shall be prepared by the independent consultant and submitted to the Board(s) and Building Inspector.
7.3 Excessive emissions:
Should the monitoring of the wind facility site reveal that the facility exceeds this bylaw’s requirements with respect to noise levels, the owner(s)/developer/operator shall be notified so by__________. The owner shall submit to the ________ (Board) and the _______ (Building Inspector) plan(s) for the reduction of noise levels to meet compliance within 10 business days of notification of non-compliance. That plan shall reduce emissions and noise to the required levels within 14 days of the submission of the plan. Failure to do so shall be a violation of the special permit and subject to penalties and fines, as specified in Section ___, payable by the owner(s)/developer/operator of the facility.
The SPGA may impose additional or modified conditions when the facility is inspected annually or earlier if a more stringent compliance schedule is mandated or deemed necessary by another agency to assure continuing compliance. The owner(s)/developer/operator shall file a copy of the inspection records with the Building Inspec tor and ____.
The Building Inspector and SPGA shall receive a report/notification of all serious ‘incidents’ recorded on any/all wind turbines. Incidents include, but are not limited to, structural deficiencies or failure, blade failure, lightning strike, wind damage, vandalism and fire.
The Building Inspector shall receive copies of documentation regarding the warranty period by the original installer. If the warranty/maintenance of the facility is to be performed by other than the original installer, the Building official shall be notified and copied on all maintenance reports etc.
The proponent or project operator shall monitor and maintain a [ ] log of all dead birds and bats found within 1000 feet of each wind turbine for a minimum of five years after the commencement of turbine operations. Consult with United States Department of the Interior - Fish and Wildlife Service to determine the collection requirements.
These logs shall be submitted to the SPGA the state and federal agencies, local Conservation Commission. This schedule may be modified depending on the results from the previous year(s) or operation as determined by the United States Department of the Interior - Fish and Wildlife Service.
8.0 Term of Special Permit
The term of the Special Permit for a wind facility will be 20 years with the final decision by the SPGA not to exceed 30 years. Two years prior to the expiration terms of the original special permit the applicant shall file for a renewal of the Special Permit.
The SPGA will reserve the right to waive sections of the wind turbine bylaw based upon historical data recorded over the prior years of operation.
Annual Meeting
An annual meeting shall be conducted (to be scheduled by the Facility Owner) between the facility owner and the town officials to discuss project related issues/concerns etc. Topics to include, but not be limited to:
1. Recorded problems/incidents
2. Resolution of problems/incidents
3. Report on device service plans
9.0 Abandonment or Decommissioning
The facility shall be considered abandoned when the facility fails to operate, except for repair, refurbishment or upgrading, for a consecutive period of 6 months, unless with the expressed written consent of the SPGA due to extenuating circumstances. At this time, the Town shall have the authority to enter the property and physically remove and decommission the facility, using the financial surety provided under Section 4.0 of this bylaw for such purposes.
When the wind facility is scheduled to be abandoned or decommissioned, the owner(s)/developer/operator/operator shall notify the Town of the proposed date and decommissioning plans at least 60 days prior to the commencement of removal activities.
The Facility Owner shall at this time explain the details and get approval from the SPGA for the removal of the facility and its materials.
The SPGA may impose conditions to ensure that any damage to the environment or public ways caused by the removal are corrected and the site, including private access roads, is restored. The SPGA may require a financial surety to repair such damage and to restore the site.
Provide:
Disposal of all solid and hazardous waster in accordance with local and state waste disposal regulations.
Restoration of the wind facility site to pre-existing conditions, including but not limited to stabilization or revegetation of access roads to prevent erosion and sedimentation to wetland resources.
The SPGA may allow the Facility Owner to leave the landscaping and some below-ground foundations intact in order to minimize disruption to existing vegetation and to minimize erosion.
10. Severability
The invalidity of any section or provision of this By-Law shall not invalidate any other section or provision thereof.
26 JULY 06 Worksheet
Introduction: In the summer of 2004, the Planning Board mailed a questionnaire to all town residents soliciting their opinions on the topics of wind turbine projects and telecommunication towers (cell towers) in the town; 48 were returned. Of the questionnaires received there were 40 in favor and 8 opposed to Wind Turbine Projects. The result favorable of such projects was 83.3%.
Due to the surrounding communities interest and potential development of wind turbine projects, the results of the questionnaire and the recommendation of the Berkshire Regional Planning Commission (BRPC), the Planning Board has developed this bylaw for the purpose of providing standards and requirements for regulation, design, construction, monitoring, modification and removal of such facilities. With this bylaw, the town Planning Board and Zoning Board of Appeals and other governing officials can establish reasonable terms and conditions. The Zoning Board of Appeals is the Special permit granting authority (SPGA) in such matters. The by-laws are an attempt to balance community and environmental concerns and in the best interest of the town.
Research:
1. How are complaint/resolution mechanisms routed and by whom?
2. Some wording if something is found of concern that is not specifically worded in the bylaw/
3. Wording if some new ‘issue’ arises. Were do we add such a thing?
4. Can Fish and Wildlife provide information/recommendation?
5. Visit a project. Dialogue with township officials and residents.
6. Mechanism for settling disputes/claims by resident(s).
Commercial Wind Energy Facility Bylaw
1. Purpose
The purpose of this Commercial Wind Energy Facility Bylaw is intended to protect the scenic, historic, environmental and natural or man-made resources of the community. This bylaw is a guideline providing standards and requirements for regulation, design, construction, monitoring, modification and removal of such facilities. The guidelines are an effort to seek a balance between community and environmental concerns and act in the best interest and character of the town.
2. Definitions
Blade Throw: This occurs when a turbine blade, pieces of the blade, or ice from the blade separate from the structure and "fly" off outward and down.
Commercial Wind Energy Conversion Facility: A facility that uses less than 50% of the electrical energy generated by the facility on the site.
‘Decommissioning’: The physical removal of all structures, machinery, equipment, fencing and transmission lines from the facility.
Flickering: This occurs when the sun’s rays on nearby receptors (usually homes and businesses) are temporarily blocked by the passing of a rotating wind turbine blade; the extent of flickering is dependent on turbine height, blade length and seasonal position of the sun on the horizon.
Height: For the purpose of calculating the overall height of a wind turbine, the total height shall be measured from the average grade to the uppermost extension of any blade or maximum height reached by any part or the wind turbine.
Shadowing: This occurs when shadows are cast by wind turbines; the extent of shadowing is dependent on turbine height, width and seasonal position of the sun on the horizon.
Facility Owner
The owner(s) of the wind turbines and its accessory equipment involved in the generation of electricity. The operator shall be responsible for the upkeep and maintenance of the facility to ensure that the facility is in proper and safe operating order.
Facility Owner
The owner(s) of the wind turbines and its accessory equipment involved in the generation of electricity. The operator shall be responsible for the upkeep and maintenance of the facility to ensure that the facility is in proper and safe operating order.
Property Owner
An individual. Firm, association, syndicate, partnership, or corporation holding proprietary interest in land on which the Wind Energy Conversion Facility is located or proposed to be located. The owner may or may not be the Facility Owner.
All improvements are removed, the site and accompanying access roads are re-graded to match pre-existing topography, and the site and access roads are re-vegetated. Existing trees shall only be removed if necessary to complete the required removal.
Restored
All improvements are removed, the site and accompanying access roads are re-graded to match pre-existing topography, and the site and access roads are re-vegetated. Existing trees shall only be removed if necessary to complete the required removal.
Wind Energy Conversion Facility: All equipment, machinery and structures utilized in connection with commercial wind-generated energy production and generation, including related transmission, distribution, collection, storage or supply systems whether underground, on the surface or overhead, and other equipment or byproducts in connection therewith and the sale of the energy produced thereby, including but not limited to, wind turbine (foundation, tower, nacelle and blades), anemometers (wind measuring equipment), transformers, substation, power lines, control and maintenance facilities, site access and service roads.
Wind Turbine: Equipment used in wind-generated energy production. Wind turbines capture the kinetic energy of the wind and convert it into electricity. Primary components are the foundation, tower, nacelle and blades.
3. Wind Monitoring or Meteorological Towers
Meteorological towers shall be a by-right temporary structure installation provided the tower meets the following conditions:
(a) The tower shall be removed after a period of 18 months from the date of the erection. This may be extended a period of 2 months with evidence of a failure in the data collection equipment. If a meteorological tower is to be permanently installed, it shall be permitted in conjunction with the special permit for the project.
(b) The site shall be restored to the existing conditions prior to the installation following the removal of the tower. If wind turbines are being proposed for the site(s) on which the towers were located, the site shall be stabilized rather than restore it to pre-existing conditions until the time of a turbine being installed. Stabilization shall be limited to a period of 1 year after which, the site shall be restored to the existing conditions prior to the installation.
(c) A financial surety, in a form and amount acceptable to the SPGA, shall be provided to protect the town from decommissioning, abandonment and/or environmental damage from inappropriate construction practices. The amount, shall be adequate to cover the cost for removing the structure and devices, disposing of those, restoration of the site and associated fees.
(d) In the event that the private property owner wishes to retain foundation components of the meteorological, the owner shall ensure stabilization of the site against erosion.
4. General Requirements for Wind Energy Conversion Facilities
4.1.1 General
A wind facility may be authorized by a Special Permit issued by the Special Permit Granting Authority (SPGA). The SPGA is the Zoning Board of Appeals.
4.1.2 Findings
The SPGA may grant a Special Permit only if it finds that the proposed wind facility:
Complies, at a minimum, with all the criteria of this bylaw; and
(b) Will not have detrimental effect upon the local neighborhood and the town, by locating structures so that they minimize negative impacts, such as, but not limited to, visual blight, noise and falling objects on the general safety, welfare and quality of life of the community; and
Documentation that the facility complies with all applicable local, state, federal laws and regulations, including but not limited to all applicable safety, construction, noise, electrical, communications, environmental and aviation requirements.
4.1.3 Surety
The project owner(s)/developer/operator shall post a financial surety in form and amount satisfactory to the SPGA and the Town Counsel, to ensure compliance with all conditions of the Special Permit. Conditions shall include, but not be limited to, provisions for repairs to the access road, restoration of required buffers or restoration of the environment at no cost to the Town. Such surety shall also cover the removal and disposal of the facility and restoration of the site and/or access roads to pre-existing conditions in the event of non-operation or abandonment. An access road may include existing town roads not designed for heavy traffic. Abandonment shall be defined as the unexcused failure to operate the facility, except for repair, refurbishment or upgrading, for a consecutive period of 12 months. See Section 9 Abandonment or Decommissioning.
4.1.4 Ongoing Surety Requirements
The project owner(s)/developer/operator shall also provide an ongoing financial surety in a form and amount acceptable to the SPGA to ensure that the facility will be removed and disposed of and the site, including access roads and power line rights-of-way, will be restored to a stable and attractive condition if the project owner abandons the facility or does not meet the special permit conditions.
a. The amount and form of the surety will be reviewed by the SPGA prior to expiration, but no less than every two years.
b. If the estimated costs for removal and restoration increase beyond the amount of the current surety, the SPGA shall increase the required surety amount.
c. Upon a finding of noncompliance by the SPGA with the special permit conditions, or abandonment as defined above, the SPGA shall notify the project owner at their last known address by certified and first class mail of the noncompliance or abandonment and shall provide 30 days notice that the surety may be called in so that the Town may correct the deficiencies or remove the facility and restore the site. In the event that certified mail cannot be delivered, it shall be presumed that first class mail was received by the project owner.
d. After the 30-day period, if the deficiency has not been corrected, the facility placed back in operation, or the facility owner has not appeared before the SPGA at a public meeting and the SPGA provided additional time to bring the facility into full compliance, the Town shall collect the financial surety in the manner established in the surety documents.
e. Subsequent to collecting the surety, the Town will take the necessary steps to correct the deficiency or remove the facility and restore the site, utilizing the funds from the surety. Collected surety shall be maintained by the Town Treasurer in a separate, interest-bearing account and utilized only to bring the facility into compliance. Costs may include necessary legal, engineering, permitting, procurement, and construction/demolition expenses.
f. If surety has to be drawn upon by the Town to correct deficiencies, and the facility is not removed, the surety amount must be recalculated and adequate surety provided to continue to ensure that the full costs of possible future deficiencies or removal and restoration can be covered by the surety.
4.1.5 Liability Insurance
The owner(s)/developer/operator shall be required to provide evidence of adequate liability insurance against loss or damage to persons, including personal injury or death, and structures occasioned by failure of the facility.
4.2 Design Standards
4.2.1. Aesthetic and Environmental Considerations
A Wind facility shall be:
(a) Located so as to minimize visual and environmental impacts, especially from highly rated scenic areas, while being consistent with economic viability.
(b) Located to utilize existing power lines and existing cleared rights-of-way.
(c ) Located to avoid rare species habitat, wetland resources and old growth forest.
(d) Located in areas where land has already been cleared in order to avoid habitat fragmentation.
4.2.2. Height
The height of a wind facility as measured from grade to blade-tip height or the uppermost extension of any attachment of the wind turbine shall not exceed 350 feet, with a minimum blade clearance from the ground immediately below of 20 feet.
4.2.3. Sound
4.2.3.1 Airborne Sound
Operational noise, shall conform to the guidelines of the Division of Air Quality Control Policy, which clarifies the enforcement of 310 CMR 7.10.
Research BRPC comment below
I would refer to the Div. of Air Quality Control POLICY, not 310 CMR 7.10. It is the policy that has set the level at 10dBA above ambient; 310 CMR 7.1 does not set a limit.
Our previous text:
as measured by the latest standards of ‘The Commonwealth of Massachusetts Air Pollution Control Regulations 310 CMR 7.10: Noise.’
4.2.3.2 Infra-sonic Sound
4.2.4. Color
All facility devices/components (tower, hub and blades) shall be colored (‘putty’), molded and/or installed to blend into the structure and/or the landscape, including the use of non-reflective exterior paints.
4.2.5 Lighting
a. Lighting of the exterior of the wind facility shall be prohibited, except for the minimum extent necessary lighting or marking requirements of the FAA.
b. Supplemental lighting of safety or informational signs as determined necessary by the SPGA. Safety or informational lighting shall be shielded and angled so to illuminate only the signs.
c. The facility shall provide the SPGA with a final official determination by the Federal Aviation Administration (FAA) as to its lighting requirements and/or markings prior to the issuance of any special permit.
4.2.6. Accessory Uses
Wind turbines may be used to locate telecommunications antennas, subject to applicable regulations governing such uses subject to the following:
a. All ground-mounted equipment shall be located in a shelter, within the wind turbine or otherwise screened from view.
b. Antennas shall be flush-mounted to be in keeping with the design of the wind turbine.
c. All associated cabling shall be contained within the tower structure or enclosed within a conduit finished to match the turbine.
4.3 Setbacks
4.3.1 From property lines:
A wind facility tower shall be located at a distance of at least 1.5 times the height of the facility from any adjacent property boundary.
4.3.2 From Structures:
A wind facility shall be located at a distance of at least 1.5 times the height of the facility from any structure/building occupied by humans, whether on site or on adjacent properties. This is relative to any existing structure/building or proposed on record with the building official at the time of the owner(s)/developer/operator application for a special permit.
A natural vegetated buffer shall be retained for at least 50’ (fifty feet) in width around the entire perimeter of the project except were the access drive crosses said buffer.
4.4 Safety
4.4.1. Interferences:
The proponent shall prove to the satisfaction of the SPGA that the facility will not prove detrimental to neighboring properties due to electromagnetic fields, or radio, television, or cellular communications interruptions, or due to shadowing or flickering.
Once built, the facility shall not operate in a manner that exceeds maximum disturbance levels that have been documented as part of the special permit application submittal.
4.4.2. Signage:
a. As determined by the SPGA, to minimize trespassing and to minimize the threat of injury or death the wind facility shall have signage (‘POSTED’ / ‘WARNING’) surrounding each turbine and the access road as deemed necessary by the SPGA with consideration to blade throw and seasonal use of the surrounding property.
b. A locked gate shall be provided at the main access road(s) onto to project facility. An emergency key system (‘KNOX’ Box) shall be provided at each gate and corresponding keys provide to all emergency response personnel and Town Hall.
4.4.3. Emergency Contacts
There shall be a sign clearly displaying the names and telephone/cellular number(s) where the responsible party can be reached on a 24-hour basis. Signage shall follow existing bylaw requirements.
4.4.4. Safety Training
Safety training courses, exercises and equipment shall be provided by the Facility Owner for safety/rescue purposes. Requirements and equipment shall be provided to satisfaction of the governing authorities. (Fire Department, Police Department).
4.5 Permit Process and Filing Requirements
The Application for a wind facility shall be filed in accordance with the rules and regulations of the SPGA, ZBA – Zoning Board of Appeals.
4.5.1. Quantity
The applicant shall provide the Board(s) with a minimum of eight (8) copies of the requested documentation.
4.5.2. List of Applicant Contacts
Provide the name and contact information for the applicant/proponent.
4.5.3. List of Consultants
The proponent shall provide a list of all project related consultants and technical specialists.
4.5.4. Location Map
A copy of a portion of the most recent USGS Quadrangle Map, at a scale of 1:25,000 showing the proposed facility site, including the turbine sites, and the area within at least two miles from the proposed facility.
Note: The following maps and site plans shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts. The maps and plans shall be prepared on 24" X 36" sheets and shall be displayed on as many sheets as necessary to meet the requirements of the Vicinity Map and Site Plan as described below.
4.5.5. Vicinity Map
a. A map of the facility at a scale of 1" = 200 feet, with contour intervals no greater than 10 feet showing the entire area within a 2,000-foot radius of the wind facility project site, including existing topography, public and private roads and trails, building and structures (labeled with the latest owners name), historic sites, bodies of water and landscape features. Indicate the property lines of the proposed wind facility site parcel and of all abutters within 2,000 feet of the site parcel. Show any access easements or rights-of-ways needed for access from a public way to the wind facility, and the names of all abutters or property owners along the site and the easements, or those who have deeded rights to the easement.
b. A separate map shall be provide to show location of all transmission lines and transformers and the site where the electricity generated from the wind facility will join the existing electric grid system or inter-connect location.
4.5.6. Site Plans
The Site Plan shall include at a minimum the following information.
4.5.6.1 Contact information of the landowners of the facility site; and names and addresses of all landowners within 1000 feet of the wind facility parcel.
4.5.6.2 Existing property lines and location of structures or buildings within 1,000-foot radius of each proposed wind facility structure.
4.5.6.3 Existing Conditions Plan: A recent survey of the site at a scale no smaller than one inch equals 40 feet (1:480) with topography drawn with a minimum of five-foot contour intervals, showing existing utilities, property lines, stone walls or fence lines, wooded areas, individual trees with diameters greater than 12 inches within a three hundred foot radius from the base of each proposed tower site (labeled with their current heights).
The survey plan must have been completed, on the ground, by a professional land surveyor within five years prior to the application date, unless there has been substantial change since such date.
4.5.6.4 A plan showing the existing vegetation to be removed or altered.
4.5.6.5 Engineering plans showing drainage of surface water and plans to control erosion and sedimentation both during construction and as a permanent measure.
4.5.6.6 Show the boundary of any wetlands or floodplains or watercourses, and of any bodies of water included in the Water Resource Overlay District (if applicable) within 200 feet for the facility or any related facilities, accessways or appurtenances. Delineation of all wetland resource areas and their associated buffers, and of any certified or suspected vernal pools, and location of all structures and roads within wetland resource areas or within 100 feet of vernal pools.
4.5.6.7 Location of rare and endangered species or communities and flight pathways of bats and birds, including those previously known and those discovered through the Avian and Bat Risk Assessment (as described in Section 4.5.9.c of this bylaw), within a 1000 foot radius of each of the wind facility structures.
4.5.6.8 Locations of all buildings, structures and their appurtenant structures, including supports and guy wires and any equipment, including without limitation, power lines and transformers. Indicate the distances of the bases of the wind turbines to the nearest property lines, buildings, roads, driveways and trails.
4.5.6.9 The proponent shall provide representative elevation views of buildings, structures, including exterior appearance, color and materials.
4.5.6.10 Show two cross-sections through a wind turbine, drawn at right angles to each other and showing the ground profile to at least 100 feet beyond the limit of clearing, and showing any guy wires, supports, transmission lines and any accessory structures. Show the foundation, transmission lines and other infrastructure below grade. Show the relative height of the wind turbines in relation to the surrounding trees; if the trees are not at mature height, also show their expected height in 10 years.
4.5.6.11 Proposed Site Plans: Plans of the proposed facility site layout and utilities, access roads and staging areas, indicating whether they are temporary or permanent, including grading, width and drainage. Include storm water drainage plans, including location and design of conveyance and detention/retention structures. Include a cross-section of the access road indicating the width, crown, depth of gravel, and paving or other surface material. Plans shall be at the same scale as the Existing Conditions Plan.
.5.7. Reports
4.5.7.1 Narrative Report: The proponent shall submit a narrative report summarizing the proposed project, and describing the facility design and the technical, economic and other justifications for the locations of the site and the access road(s) and the various structures. The report shall also describe design features to minimize the visual and environmental impacts of the proposed facility, including a summary of the findings from the Environmental Impact Report.
4.5.7.2 Site Control: The proponent shall submit documentation of the legal right to install and operate the proposed wind facility at the time of application for a Special Permit. Documentation shall also include proof of control over setback areas and access roads. Control shall mean legal authority to prevent the use or construction of any structure within the setback areas for human habitation.
4.5.7.3 Provide a traffic management plan.
4.5.7.2. Provided map of roadways to be utilized for construction and delivery of all project components and materials.
4.5.7.3. Provide information on delivery vehicle types available for delivery of wind turbine components, the vehicle type selected by the proponent and why.
4.5.7.4. Show all transportation routes to be used to transport the wind turbines to the site.
4.5.7.5. Report all locations along the delivery route were land alterations, not withstanding ownership, are necessary.
4.5.7.6. Report if there will be road closures and disruptions effecting provisions for emergency response.
4.5.7.7. Report on all road improvements. The cost of all road improvements shall solely be borne by the facility owner.
4.5.8 Sight Line Simulations
Proposed Sight Line Simulations: The proponent shall submit computer-generated modeling, photographic simulation or other form of documentation acceptable to the SPGA to show the following:
4.5.8.1 Up to (8) eight sight lines, from sites chosen by a coordinated effort between the Planning Board and SPGA, shall be shown of the proposed wind facility.
4.5.8.2 Sight lines shall be mapped on a site plan at a scale appropriate to the number of sites and the distances of the sites.
4.5.9 Environmental Impact Report (EIR): The proponent shall conduct an Environmental Impact Report that will assess the risk to plants and animals. The EIR shall, at a minimum, include:
a. Provide a 3 year study based upon the United States Department of the Interior - Fish and Wildlife Service.
b. Biological Impact Assessment, which will evaluate the potential risks of the proposed wind facility on rare plants and plant communities, and on rare resident and migratory wildlife on the wind facility site and within 1000 feet of the proposed facility.
c. Pre-construction Avian and Bat Assessment, which will evaluate the potential risks of the proposed facility on resident and migratory birds and bats. This assessment shall be conducted in a manner acceptable to state and federal wildlife agencies having authority over resident and migratory species, and shall be conducted (as indicted above), including at minimum both spring and fall migration seasons, prior to the submission of the Special Permit application. The Avian and Bat Assessment shall continue up until the commencement of construction of the wind facility and the data shall be provided to the SPGA on a quarterly basis.
d. Contingency Proposal, which will outline mitigation measures that will be undertaken in the event that unforeseen and unacceptable wildlife impacts and mortalities occur at the wind facility. Unacceptable wildlife impacts and mortalities shall be determined by the state and federal agencies that have authority over the impacted species.
4.5.10 Balloon Visualization
Within 35 days of submitting an application, applicant shall arrange to fly, or raise upon a temporary mast, a (3) three feet (we had a 6’ diameter) diameter nine and one half foot long brightly colored balloon at the maximum blade tip height of the proposed wind facility and at each end of the array of the wind facility. (we had all sites). The dates, (including a second date, in case of poor visibility on the initial date in the reasonable opinion of the Planning Board and SPGA), times and locations of this balloon test shall be advertised, by the applicant, at seven and fourteen days in advance of the first test date (and a second date if applicable) in a newspaper with a general circulation in the Town. The applicant shall inform the Planning Board, SPGA and the Select Board, in writing, of the dates and times of the test, at least fourteen days in advance. The balloon(s) shall be flown for at least four consecutive hours sometime between 9:00 am and 5:00 pm of the dates chosen.
The applicant shall prepare and mail a general circulation in the town to each resident and property owner at least five days prior to such flight. The documentation shall provide the recipient with an explanation of the test and its purpose. The narrative shall be reviewed by the Planning Board, SPGA and the Select Board for review and comment prior to its issuance.
The applicant shall coordinate the procedure with all necessary local, state and federal agencies.
5.0 Independent Consultants
The SPGA may, at its discretion, hire independent consultants whose services shall be paid for by the proponent.
Upon submission of a complete application, the Board(s) shall hire independent consultants whose services shall be paid for in-full by the applicant. In addition to the complete application, the applicant shall deposit with the Town funds sufficient to cover the projected costs of any and all consultants whose services may be required and requested by the Board(s). If the SPGA finds that additional funds are necessary, the applicant shall be required to provide those funds.
6.0 Approval Criteria
In addition to the findings required in this Wind Energy Conversion Facility section, the SPGA shall determine that the proponent has agreed to implement all reasonable measures to mitigate foreseeable and unforeseen adverse impacts of the wind facility should they be later determined to have occurred, including electronic or cellular interference and unacceptable bat and avian kills.
The SPGA shall act upon the wind facility proposal in accordance with the Special Permit procedures and time lines established in Town By-laws.
The SPGA may impose conditions that it deems reasonably necessary to minimize or mitigate detrimental effects to the environment and to neighboring properties, including but not limited to impacts incurred during construction and/or operation of the wind facility.
7.0 Monitoring and Compliance Evaluation
7.1.1 The facility owner shall, at all times, maintain the access road and the facility to a level acceptable to the local Fire Chief, Emergency Medical Service and Highway Department.
7.1.2 The Facility Owner shall be liable for the cost of maintaining the access road (unless accepted as a public way), the project sites, and the facility and for restoration of any damage occurring during construction or as a result of operation of the facility and the cost of any extra maintenance of the access roadway from the accepted public access road(s) if it is caused by the project owner(s)/developer/operator.
7.1.3 The SPGA may impose such safety-related conditions, including but not limited to fences, gates and warning signs as it deems reasonably necessary to protect public health and safety.
7.2 Pre-Turbine Construction Testing:
After the granting of the special permit and before the applicant’s wind energy facility begins operation, the applicant shall pay for an independent consultant, selected/hired by the town, to monitor background noise around the site. A report of the monitoring results shall be prepared by the independent consultant and submitted to the Board(s) and Building Inspector.
7.3 Excessive emissions:
Should the monitoring of the wind facility site reveal that the facility exceeds this bylaw’s requirements with respect to noise levels, the owner(s)/developer/operator shall be notified so by__________. The owner shall submit to the ________ (Board) and the _______ (Building Inspector) plan(s) for the reduction of noise levels to meet compliance within 10 business days of notification of non-compliance. That plan shall reduce emissions and noise to the required levels within 14 days of the submission of the plan. Failure to do so shall be a violation of the special permit and subject to penalties and fines, as specified in Section ___, payable by the owner(s)/developer/operator of the facility.
The SPGA may impose additional or modified conditions when the facility is inspected annually or earlier if a more stringent compliance schedule is mandated or deemed necessary by another agency to assure continuing compliance. The owner(s)/developer/operator shall file a copy of the inspection records with the Building Inspec tor and ____.
The Building Inspector and SPGA shall receive a report/notification of all serious ‘incidents’ recorded on any/all wind turbines. Incidents include, but are not limited to, structural deficiencies or failure, blade failure, lightning strike, wind damage, vandalism and fire.
The Building Inspector shall receive copies of documentation regarding the warranty period by the original installer. If the warranty/maintenance of the facility is to be performed by other than the original installer, the Building official shall be notified and copied on all maintenance reports etc.
The proponent or project operator shall monitor and maintain a [ ] log of all dead birds and bats found within 1000 feet of each wind turbine for a minimum of five years after the commencement of turbine operations. Consult with United States Department of the Interior - Fish and Wildlife Service to determine the collection requirements.
These logs shall be submitted to the SPGA the state and federal agencies, local Conservation Commission. This schedule may be modified depending on the results from the previous year(s) or operation as determined by the United States Department of the Interior - Fish and Wildlife Service.
8.0 Term of Special Permit
The term of the Special Permit for a wind facility will be 20 years with the final decision by the SPGA not to exceed 30 years. Two years prior to the expiration terms of the original special permit the applicant shall file for a renewal of the Special Permit.
The SPGA will reserve the right to waive sections of the wind turbine bylaw based upon historical data recorded over the prior years of operation.
Annual Meeting
An annual meeting shall be conducted (to be scheduled by the Facility Owner) between the facility owner and the town officials to discuss project related issues/concerns etc. Topics to include, but not be limited to:
1. Recorded problems/incidents
2. Resolution of problems/incidents
3. Report on device service plans
9.0 Abandonment or Decommissioning
The facility shall be considered abandoned when the facility fails to operate, except for repair, refurbishment or upgrading, for a consecutive period of 6 months, unless with the expressed written consent of the SPGA due to extenuating circumstances. At this time, the Town shall have the authority to enter the property and physically remove and decommission the facility, using the financial surety provided under Section 4.0 of this bylaw for such purposes.
When the wind facility is scheduled to be abandoned or decommissioned, the owner(s)/developer/operator/operator shall notify the Town of the proposed date and decommissioning plans at least 60 days prior to the commencement of removal activities.
The Facility Owner shall at this time explain the details and get approval from the SPGA for the removal of the facility and its materials.
The SPGA may impose conditions to ensure that any damage to the environment or public ways caused by the removal are corrected and the site, including private access roads, is restored. The SPGA may require a financial surety to repair such damage and to restore the site.
Provide:
Disposal of all solid and hazardous waster in accordance with local and state waste disposal regulations.
Restoration of the wind facility site to pre-existing conditions, including but not limited to stabilization or revegetation of access roads to prevent erosion and sedimentation to wetland resources.
The SPGA may allow the Facility Owner to leave the landscaping and some below-ground foundations intact in order to minimize disruption to existing vegetation and to minimize erosion.
10. Severability
The invalidity of any section or provision of this By-Law shall not invalidate any other section or provision thereof.
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