ARTICLE XXI
To see if the Town will vote to amend the Eastham Zoning By-laws by adding a new section XXI entitled “Private Wind Energy Facilities” to read as follows:
Private Wind Energy Facilities
SECTION I – PURPOSE
The purpose of this by-law is to encourage the use of wind energy to reduce on-site consumption of utility supplied electricity while minimizing the adverse impacts of wind energy facilities on the character of neighborhoods, property values, scenic, historic and environmental resources of the Town of Eastham. This by-law will protect the health and safety while allowing for wind energy technologies to be utilized.
SECTION II - APPLICABILITY
For the purpose of this by-law, private wind energy facilities are wind facilities that utilize all their electrical output on site which has a rating of not more than 25 kW and is intended to reduce energy consumption for single residential or business lots.
SECTION III – DEFINITIONS
SAFETY RADUIS – The distance from the base of the turbine tower equal to the total height of the turbine.
SECTION IV – GENERAL SITING STANDARDS
The Planning Board shall be the special permit granting authority for private wind facilities. Any application to utilize wind energy facilities shall comply with all applicable sections of this by-law:
1. Special Permit – No wind facility shall be erected, constructed or installed without Site Plan Approval and the issuance of a Special Permit from the Planning Board under Section XIII of the Town of Eastham Zoning By-laws.
2. Height – The height of any private wind turbine as measured from average grade shall be less than sixty (60) feet and have a minimum blade clearance from the ground immediately below each wind turbine of twenty (20) feet. A waiver from this provision may be granted if the Planning Board makes a finding that the additional height is necessary for adequate operation of the wind facility.
3. Setbacks –A minimum property line setback for each wind turbine shall be maintained equal to an overall engineer designed safety radius plus the required principal structure setback distances of Section IX – B of the Town of Eastham Zoning By-laws.
a. In the event where two (2) or more abutting properties will share the ownership/benefit of the wind facility, the setbacks of the facility shall be calculated as though the properties are joined.
4. Fencing – The wind facility shall be secured with six (6) foot high fencing.
5. Signage – Only those signs indicating ownership with contact information, NO TRESPASSING, warning signs or signs citing funding sources shall be allowed in conjunction with the wind facility. Said signage shall be no larger than six (6) square feet and one sided attached to the fencing.
6. Noise – from the wind facility shall not exceed 10 db(a) above ambient as measured at any adjacent property line and 5 db(a) above ambient at any neighboring residence. Windstorms and power outages are the exception.
7. Abandonment or Decommissioning – The owner shall remove any wind facility that has been intentionally abandoned or discontinued for twelve (12) months. The Planning Board shall require a surety or that an escrow account be created to insure funds for future removal. The surety shall be posted and remain in effect for the duration of the tower operation and be used to remove any abandoned wind turbine.
SECTION V – APPLICATION
The applications for Section XIII – Site Plan Approval – Special Permit shall include all plans and certifications required in Section XX – Commercial Wind Turbine Facility and the following:
1. A certified plot plan prepared by a registered engineer or land surveyor which indicates the existing and proposed location of:
a. Property lines for the subject parcel and adjacent parcels within 300 feet.
b. Site plan showing the distances from the wind facility to all existing buildings, as well as the use (e.g. residence, garage, etc.) on subject parcel and all adjacent parcels within 500 feet.
c. Location of all road, public and private on the site parcel and adjacent parcels within 300 feet, and proposed roads or driveways, either temporary or permanent.
d. Existing areas of tree cover, including average height of trees, on the site parcel and adjacent parcels within 300 feet.
e. Proposed location and design of wind facility, including all turbines, ground equipment, appurtenant structures, transmission infrastructure, access, fencing, exterior lighting, etc.
2. The following must be submitted with the application:
a. A narrative description of the wind facility and the technical, economic, and other reasons for the proposed location, height and design.
i. If applicable, a written statement that the proposed wind facility complies with, or is exempt from applicable regulations administered by the Federal Aviation Administration (FAA), Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health.
b. An acoustic analysis prepared by a qualified acoustic engineer demonstrating that the noise requirements and/or limits will be met.
c. Manufacturers’ material safety data sheets or other confirmation that the wind facility complies with all applicable Federal, State and Local standards.
e. The Planning Board, after the first public hearing, may require the applicant to provide additional information such as, but not limited to, view representations and/or a flicker analysis
SECTION VI – WAIVERS
When granting a Special Permit for a private wind facility, the Planning Board may waive any of the criteria set forth in SECTION V of this bylaw at a public meeting provided the Board finds the criteria for issuance of a Special Permit as set forth in SECTION XIII – SITE PLAN APPROVAL – SPECIAL PERMIT of the Eastham Zoning Bylaw is met.
Or take any action relative thereto.
By Planning Board
Summary:
The purpose of this bylaw is to encourage and regulate the development and use of residential and commercial wind energy facilities. This bylaw will allow private wind energy facilities while minimizing the adverse impacts on the character of the neighborhoods, property values, scenic, historic and environmental resources of the Town of Eastham.
BOARD OF SELECTMEN:
FINANCE COMMITTEE:
PLANNING BOARD:
(2/3 vote required)
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