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ZONING AMENDMENT WIND ENERGY FACILITIES - PLANNING Planning Board Report to Council Regarding Zoning Amendment \\ Wind n2cc�y Co c�\�N es --- oNDfT� Cttp of *alem, 1Raq!5arbu!gett!6 ®ffict of for cite Council Citp jijall �iKeme COUNCILLORS-AT-LARGE PAUL C. PREVEY WARD COUNCILLORS 2009 PRESIDENT 2009 THOMAS H. FUREY CHERYL A. LAPOINTE ROBERT K. MCCARTHY JOAN B. LOVELY CITY CLERK - MICHAEL SOSNOWSKI STEVEN A. PINTO JEAN M. PELLETIER ARTHUR C. SARGENT III JERRY L. RYAN MATTHEW A. VENO PAUL C. PREVEY JOSEPH A.O'KEEFE, SR. February 11, 2009 P Ms. Lynn Duncan, Planner .-F-:% E City of Salem Salem, MA 01970 FEB 12 2009 Dear Ms. Duncan: DEPT.Or FLAW4NG&R CR0Ie UMT!DcVLLO + rrffr At a regular meeting of the City Council, held on February 5, 2009 the enclosed Zoning Ordinance was adopted for second and final passage. This action was approved by Mayor Kimberley Driscoll on February 6, 2009. Sincerely, fERYL A. LAPOINTE CITY CLERK Enclosure SALEM CITY HALL •93 WASHINGTON STREET • SALEM, MA 01970-3592 • WWW.SALEM.COM of ORIPM In the year two tkoucandandeigfit An Ordnance to amendan Ordinance relative to Zoning (Be it ordained 6y the City Councdof the City of Salem, as fot7ows: Section 1. Section 5-3, Special Permit Uses of Article V, Use Regulations of the City's Zoning Ordinance is hereby amended by inserting the following new Special Permit use: § 5-3 Special Permit Uses (n) Land-based Wind Energy Facilities. (1) Purpose and Intent The purpose of this section is to accommodate wind energy facilities in appropriate locations, while minimizing any adverse visual, safety, and environmental impacts of the facilities. (2) Definitions a. Wind Energy Facility. All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, all transmission, storage, collection and supply equipment, substations, transformers, site access, services roads and machinery associated with the use. A wind energy facility may consist of one or more wind turbines. i. Residential Scale Wind Energy Facilities shall be considered those with a rated nameplate capacity less than or equal to 60 kilowatts per turbine, and a height up to 150 feet. ii. Commercial Scale Wind Energy Facilities shall be considered those with a rated nameplate capacity greater than 60 kilowatts per turbine and/or a blade-tip height greater than 150 feet. iii. Distributed generation facilities are those which are primarily designed to provide electrical output, or the value thereof, for the use of adjacent structures. b. Rated Nameplate Capacity: The maximum rated output of electric power production equipment c. Height: The height of the turbine measured from the natural grade to the tip of the blade at its highest point. d. Clear area: Area surrounding a wind turbine to be kept free of habitable structures. e. Nacelle: The frame and housing at the top of the tower that encloses the gearbox and generator and protects them from the weather. f. Rotor: The blades and hub of the wind turbine that rotate during turbine operation. g. Wind Monitoring or Meteorological ("test') Towers: A temporary tower equipped with devices to measure wind speeds and direction, and used to determine how much wind power a site can be expected to generate. (3) Applicability A Land-based Wind Energy Facility may not be issued a building permit unless or until a special permit has been issued by the Planning Board, irrespective of whether the use is a principal or accessory use. The Planning Board shall approve, or approve with conditions, if the petitioner can fulfill the requirements of this section. a. Wind monitoring or meteorological towers shall be exempt from height and other dimensional regulations of the Zoning Ordinance and shall follow the setback requirements of this section. Wind monitoring or meteorological towers over a height of 200 feet shall require a Special Permit from the Planning Board. Wind monitoring or meteorological towers equal to or less than 200 feet in height shall be allowed as a matter of right subject to the issuance of a building permit for a temporary structure. b. This section specifies where Wind Energy Facilities shall be permitted by Special Permit (SP) and where Wind Energy Facilities are (N) not allowed. Additionally: i. Wind Energy Facilities shall be allowed on all land owned by the City of Salem. fl, Wind Energy Facilities shall not be permitted on lots less than 40,000 square feet. RC R1 R2 R3 B1 B264 B5 I I JBPD NRCC Residential SP SP SP SP SP SPI—N SP N SP SP SP Scale Commercial N N N SP N N N SP SP N Scale c. All wind energy facilities shall be constructed and operated in locations that minimize any adverse visual, safety, and environmental impacts. No special permit shall be granted unless the Planning Board finds: i. the specific site is an appropriate location for such use; ii. the use will not adversely affect the neighborhood; iii. there will be no serious hazard to people or vehicles from the use; iv. no nuisance will be created by the use; and V. adequate and appropriate facilities will be provided for the proper operation of the use. (4) Site Control The applicant shall submit documentation of the legal right to install and use the proposed facility at the time of application for a Special Permit. Documentation should also include proof of control over the setback area. Control shall mean legal authority to prevent the use of any structure within the setback area for human habitation or other use permitting human occupancy. (5) Proof of Liability Insurance Prior to the issuance of a building permit, the applicant shall be required to provide evidence of liability insurance and documentation that said amount is sufficient to cover loss or damage to persons and structures occasioned by the failure of the facility. (6) Special Permit Regulations Proposed wind energy conversion facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable electrical, construction, noise, safety, and environmental and communications requirements. All wind energy conversion facilities shall comply with the requirements set forth in this section, unless waived by the Planning Board. a, Height Commercial Scale Wind Energy Facilities shall be no higher than 400 feet; Residential Scale Wind Energy Facilities shall be no higher than 150 ft. The height shall be measured from the natural grade to the highest point reached by the rotor blades. The Planning Board may allow this height to be exceeded as part of the special permit process if the project proponent can demonstrate that the additional height is needed and that the additional benefits of the higher tower outweigh any increased adverse impacts. b. Monopole Towers Monopole towers are the preferred type of support for wind turbines. c. Setback or Clear Area The following setbacks shall be observed: i. The minimum distance from the base of any wind turbine tower to any property line shall be equal to 75% of the height of the structure or the setback provisions of the zoning district, whichever is greater; ii. The minimum distance from the base of any wind turbine to any dwelling, business or institutional use shall be equal to the total height of the structure. iii. The purpose of the setbacks is to provide a clear area, to be kept free of habitable structures. The clear area does not need to be cleared of trees and vegetation; to the extent possible, existing on-site trees and vegetation shall be preserved. Wetland buffer areas may be within the clear area. iv. The Planning Board may reduce the setbacks as appropriate based on site specific considerations. d. Visual Impact The proponent shall demonstrate through project siting and proposed mitigation that the wind energy conversion facility minimizes any impact on the visual character of surrounding neighborhoods and the community. This may include, but not be limited to, information regarding site selection, turbine design, buffering, lighting and cable layout. e. Color Wind energy conversion facilities shall be painted a non-reflective color that blends with the sky and clouds. f. Equipment Shelters All equipment necessary for monitoring and operation of wind energy facilities should preferably be contained within the turbine tower. If this is not feasible, ancillary equipment may be located outside the tower. Whenever reasonable, structures should be joined or clustered and contained either within an underground vault, enclosed within a separate structure, or shielded from view either by year-round landscaping or vegetated buffers to avoid adverse visual impacts. g. Lighting and Signage i. Wind turbines shall be lighted only if required by the Federal Aviation Administration (FAA). The proponent shall provide a copy of the FAA's determination to establish the required markings and/or lights for the structure. ii. Lighting of equipment, structures and any other facilities on site shall be shielded from abutting properties. iii. Signs on the facility shall comply with the City of Salem's sign regulations and be limited to those needed to identify the property and the owner and warn of any danger, and educational signs providing information on the technology and renewable energy usage. h. Utility Connections All utility connections from the commercial wind facility site shall be underground unless the applicant demonstrates by substantial evidence that the construction of such underground facilities would be unreasonable owing to circumstances relating to the solid conditions, shape or topography of such a site, or if the utility provider requires the connections to be above ground. i. Land Clear/Open Space/Rare Species Wind energy facilities shall be designed to minimize land clearing and fragmentation of open space areas and shall avoid permanently protected open space when feasible. Wind turbines should be sited to make use of previously developed areas wherever possible. Wind energy facilities shall also be located in a manner that does not have significant negative impacts on rare species, including avian species in the vicinity. j. Noise The wind energy facility 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 be consistent with the Massachusetts Department of Environmental Protection guidance for noise measurement. k. Shadowing/Flickering Wind energy conversion facilities shall be sited in a manner that does not result in significant shadowing or flicker impacts. The proponent has the burden of proving that this effect does not have significant adverse impact on neighboring adjacent uses either through siting or mitigation. I. Safety Standards i. No hazardous materials or waste shall be discharged on the site of any wind energy facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials or waste. An enclosed containment area, designed to contain at least 110 percent of the volume of the hazardous materials or waste stored or used on the site may be required to meet this requirement. The wind energy conversion towers shall also be designed to prevent unauthorized use. ii. A Wind Energy Facility regardless of height above the ground shall be equipped with a site- specific fire detection and fire suppression system of a type which has been listed by the Underwriters Laboratory (UL) and/or approved by Factory Mutual (FM). The site-specific fire detection and fire suppression system and components shall be approved by the Fire Marshal. iii. Access to the site must be cleared and maintained to a level of acceptance by the Fire Marshal. iv. Warning signs indicating voltage must be placed at the base of all ground/base mounted electrical equipment V. Electrical equipment shall be locked or fenced to prevent entry. vi. While monopole construction is preferable in the event guy wires are used, then visible reflective colored objects such as flags, reflectors, or tape shall be placed on all guy wires up to a height of ten feet above the ground or surface where the wind energy equipment is mounted. vii. Annual reports to the Fire Department detailing the year's operations, including but not limited to, number of days of operations, energy production, and maintenance items/issues. viii. Hazardous materials are limited to lube oil or coolants used for routine maintenance and may be stored in limited quantities in their original packaging. Waste oils or coolants shall not be stored on site. ix. Unauthorized access-no ladders, step bolts, or other climbing means shall be readily accessible to the public for a minimum of fifteen feet above the ground or surface where the wing energy equipment is mounted. X. The owner of a proposed wind project shall provide a project summary, electrical schematic, and site plan to the Salem Fire Department with a proposed emergency response plan prior to issuance of a special permit. (7) Submission Requirements Fifteen (15) collated sets of application materials shall be submitted with any application for a Wind Energy Facility Special Permit. Application materials shall include all plans and materials required in this section: a. Documentation Applications must include: documentation of the legal right to install and use the proposed facility and proof of control over the setback or clear areas, proof of financial surety, proof of liability insurance, certification of lighting requirements from the FAA, certification of attainment for Federal Communications Commission (47 CFR Part 15) relating to interference with radio or television reception, and a statement that satisfies noise requirements b. Site Plan Requirements i. A one-inch-equals-200 feet vicinity plan, signed and sealed by a Registered Professional Engineer or Licensed Surveyor must be submitted showing: ii. Property lines, buildings (including accessory structures), public and private roads within 300 feet of the subject property. iii. Proposed location of wind energy conversion facility, including all turbines, fencing, associated ground equipment, transmission infrastructure, access roads, parking area and any other construction or development attendant to the wind energy conversion facility. iv. Distances, at grade, from the proposed wind energy conversion facility to each building on the vicinity plan shall be shown. V. The proposed changes to the existing property including grading and vegetation removal. vi. A landscape plan showing existing trees and shrubs, as well as those proposed to be added, identified by size and species vii. Tree cover and average height of trees on the subject property and adjacent properties within 300 feet. viii. Contours at each two feet Above Mean Sea Level for the subject property and adjacent properties within 300 feet. ix. Zoning district designation for the subject parcel c. Elevations Elevations shall be either at a 1/4' or 1/8' inch scale showing views at-grade from the north, south, east and west for a 50-foot radius around the proposed wind energy facility. Elevations shall show all equipment, security barriers, structures, existing and proposed trees and shrubs, and grade changes. d. Photographs and Sight-line Diagrams i. Color photographs of the current view shall be submitted from at least two locations to show the existing conditions. ii. Each of the existing condition photographs shall have the proposed wind energy facility superimposed on it to accurately simulate the proposed wind energy facility. iii. Color photographs of the existing conditions at the base of the proposed turbine site shall be submitted. These photographs shall serve as the documentation of the natural condition of the site. iv. Sight-line diagrams from at least two locations, such as a public roadway or the closest habitable structure, shall be depicted in profile drawings at a scale of one inch equals 40 feet. The diagrams shall show the lowest point of the turbine visible from each location and all intervening trees and buildings. e. Materials & Colors Specifications for the proposed wind energy facility shall be provided for all equipment and attendant facilities. f. Balloon or Crane Test Prior to, or at the time of filing an application for a Special Permit, the applicant shall arrange for a balloon or crane test at the proposed site to illustrate the height of the proposed facility. The date, time, and location of such test shall be advertised in a newspaper of general circulation at least 14 days, but not more than 21 days prior to the test. In addition, notice shall be provided to 300 ft abutters and abutting municipalities. Notice of the Balloon test may be combined with the notice of the public hearing. (8) Professional Fees The City may retain a technical expert/consultant to verify information presented by the applicant at the cost of the applicant. (9) Utility Notification No residential scale wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer owned generator. Off grid systems shall be exempt from this requirement. (10) Use by Telecommunications Carriers Wind energy conversion facilities may be used to locate telecommunications antennas, subject to applicable regulations governing such uses, and subject to the following requirements: a. all ground mounted telecommunications equipment shall be located in either a shelter within the turbine tower or otherwise screened from view year-round; and b. antennas should be flush-mounted to be keeping in 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. 77 (11) Term of Special Permit. A Special Permit issued for any wind energy conversion facility shall be valid for 25 years. At the end of that time period, the wind energy conversion facility shall be removed by the applicant unless a renewal or extension of the Special Permit is granted by the Planning Board. Upon request, the Planning Board may extend, renew, or modify the Special Permit if the operation of the facility is satisfactory. (12) Monitoring and Maintenance a. After the wind energy conversion facility is operational, the owner shall submit to the City at annual intervals from the date of issuance of the Special Permit, a report detailing operating data for the facility. b. Notice shall be provided to the City of any change of ownership. c. The owner shall maintain the wind energy conversion facility in good condition. Such maintenance shall include, but not be limited to, painting, structural integrity of the foundation, the support structure, the security barrier(if applicable) and maintenance of the buffer areas and landscaping if present. (13)Abandonment or Discontinuation of Use a. At such time that a wind energy conversion facility is scheduled to be abandoned or discontinued, the applicant will notify the City of Salem by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. In the event that an applicant fails to give such notice, a wind energy facility will be considered to be abandoned if it is not operated continuously for a period of one year, or if it is designated as a safety hazard by the building commissioner, b, Upon abandonment or discontinuation of use, the owner shall physically remove the wind energy conversion facility within 90 days, unless an extension is granted by the Planning Board., "Physically remove" shall mean removal of all equipment and restoration of the location to its natural condition as shown in the baseline documentation photos except that, new landscaping and grading done as part of the turbine installation may remain. c. If the applicant fails to remove a wind energy conversion facility in accordance with this section, the City shall have the authority to enter the subject property and physically remove the facility. The applicant may be required to provide a form of surety at the time of construction to cover the costs of the removal in the event the City must remove the facility. The applicant shall submit a fully inclusive estimate of costs associated with removal, prepared by a qualified engineer. The amount of the surety should be for 150% of the cost at the time. The amount shall include a mechanism for a Cost of Living Adjustment after 10 and 15 years. Section 2. This Ordinance shall take effect as provided by City Charter. In City Council September 25, 2008 Referred to the Planning Board to schedule a joint public hearing with the City Council and invite the Renewable Energy Task Force to the public hearing. Public Hearing held on November 12, 2008 and advertised in the Salem News on October 28, 2008 and November5, 2008 Referred to the Planning Board for their recommendation In City Council December 11, 2008 A Planning Board recommendation received and referred to the Committee on Administration and Finance In City Council January 22, 2008 Adopted for first passage as amended by unanimous roll call vote of 11 yeas, 0 nays, 0 absent A motion for immediate reconsideration in the hopes it would not prevail was denied. In City Council February 5, 2009 Special Meeting Adopted for second and final passage by roll call vote of 9 yeas, 0 nays, 2 absent A motion for immediate reconsideration in the hopes it would not prevail was denied. Approved by the Mayor on February 6, 2009 i ATTEST: CHERY A. IAPOINTE CITY C ERK Citp of *alem, Aam6arbuott!5 1 O, Office of tl)e (Eity Council ' Citp JE all COUNCILLORS-AT-LARGE MICHAEL SOSNOWSKI WARD COUNCILLORS PRESIDENT 2008 - .- 2008 THOMAS H.FUREY CHERYL A. LAPOINTE ROBERT K.MCCARTHY JOAN B.LOVELY CITY CLERK MICHAEL SOSNOWSKI STEVEN A.PINTO JEAN M. PELLETIER ARTHUR C.SARGENT III November 11, ZOOH JERRY L.RYAN MATTHEW A.VENO TO: Salem.City Cormcit PAUL C. PREVEY I Salem Planning Board JOSEPH A.O'KEEFE. SR. FROM: Joseph A.O'Keefe S Councillor Ward 7 SUBJECT: Proposed Zoning Ordinance Relative t D Special Permit Uses and Regulations for Land-based Wind Energy Facilities I have reviewed the above captioned Proposed Salem Zoning Ordinance and have the following observation and recommendation. In my review of the proposed ordinance section dealing with'I. SAFETY' I found no specific language dealing with fire protection of these Wind Energy Facilities.Fires in buildings and structures some distance above the ground pose significant problems for fire extinguishment. I could not locate a specific reference in the 8ih Edition of the Massachusetts Building Code(780 CMR)or the Salem Fire Prevention Code to relative fire protection at a wind energy facility as such and believe such wind energy facilities on towers to be a'structure' as defined by Massachusetts General Law Chapter 148(Fire Prevention). I believe such wind energy facilities need special fire protection consideration here in Salem. I searched the internet and located a'Wind Energy Fire Protection Solution' copies of which are attached for the Planning Board and City Council's review. I have not contacted this company nor do I have any personal relationship with it whatsoever. I recommend the proposed Zoning Ordinance ordinance to be discussed at the Public Hearing November 13,2008®6PM in the City Council chamber be amended to include an additional paragraph in 'I. SAFETY' as follows: 'A end Energy Facility regardlexv of keight above the ground shall be equipped with a site-gwdJlcJire detection and flm suppression system of a type which kas been listed by Ike Underwriters Laboratory(UL)and/or approved by Factory Mutual(M. The site- spedjTc jlre detection and jbw suppression system and components shall be approved by the Fire Marshal q espectfully submitted, I p/c Fire Chief David W.Cody Fire Marshal Lt. Erin Griffin SALEM CITY HALL • 93 WASHINGTON STREET • SALEM. MA 01970-3592 • WWW.SALEM.COM CITY OF SALEM PLANNING BOARD Legal Notice City of Salem The City of Salem Planning Board will hold a joint public hearing pursuant to G.L. c. 40A, s. 5 with the Salem City Council on Wednesday, November 12, 2008, at 6:00 p.m. at City Hall, Council Chambers, 93 Washington Street, Salem, Massachusetts to see if the City will vote to amend the Salem Zoning Ordinance by adding a provision allowing Wind Energy Facilities by special permit in accordance with specific requirements. The purpose of the public hearing is to provide interested parties with an opportunity to comment on the proposed amendment. The complete text of the proposed amendment to the Zoning Ordinance is on file at the office of the Department of Planning & Community Development, City Hall Annex, 120 Washington Street, Salem, Massachusetts, and is available for inspection during regular business hours. Charles Puleo Chair N C7 -7 "y N - N co This notice posted on "Official Bulletin BoaW' City Hall Salem, Mass. on OCT 2 9 2008 W in ac wrda,w Mih Chap. 39 23A a 238 of M.G.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 *TEL: 978.619.5685 FAx 978.740.0404 •WWW.SALEM.COM CITY OF SALEM DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Kimn,RLE Y DRISc:OLL MAYOR 120 WASHINGTON STREET♦ SALEM,1vLmsAcmTrT]'S 01970 LYNN GOONIN Dl,NG1N,AIC' 'ftL:978-745-9595♦FAx:978-740-0404 DIRECTOR December 3, 2008 Salem City Council 93 Washington Street Salem, MA 01970 At its meeting on November 20, 2008, the Planning Board reviewed the proposed Zoning Ordinance for Land-based Wind Energy Facilities. Present at the meeting were Chuck Puleo, John Moustakis, Gene Collins,Nadine Hanscom, Tim Kavanaugh, Pam Lombardini, Tim Ready, and Christine Sullivan. The Board voted 8-0 to recommend approval of the proposed Ordinance to the City Council. The Planning Board also discussed Councillor O'Keefe's proposed amendment to the proposed Ordinance relative to fire safety, and there was consensus that such an amendment would be prudent. Sincerely, Charles Puleo Chairman CC: Cheryl LaPointe, City Clerk