Article: ________________

To see if the Town will vote to amend the Bourne Zoning Bylaws by adding new language under Section III General Regulations, 3400 Environmental Controls, as follows, or take any other action in relation thereto:

3460. WIND ENERGY CONVERSION SYSTEMS (WECS).

3461. Purpose. The purpose of this section is to provide for the development and use of wind power as an alternative energy source, while protecting public health, safety and welfare, preserving environmental, historic and scenic resources, controlling noise levels and preventing electromagnetic interference.

3462. Applicability. Any application to erect a structure that utilizes energy from wind shall comply with this section.

3463. Definitions.

1. Wind Energy Conversion Systems (WECS): All equipment, machinery and structures utilized in the connection with the conversion of wind to other forms of energy whether commercial or residential.

2. Commercial Wind Energy System (CWES): A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity greater than 10 kW, located in a designated commercial district.

WECS located in commercial districts by commercial entities with a rated capacity of not more than 10 kW shall be permitted as residential.

WECS serving neighborhoods or multiple residences are encouraged however; proposals shall be permitted as a CWES, allowed in residential districts.

3. Residential Wind Energy System (RWES): A wind energy conversion system consisting of a wind turbine, and associated control or conversion electronics, which has a rated capacity of not more than 10 kW, located on a single lot, intended as an accessory use in a designated residential district or in connection with any residential use in a designated commercial district, not more than one (1) tower per lot or on contiguous lots held in common ownership. Maximum wind turbine height 75 feet.

4. Wind Turbine: A single device that converts wind to electricity or other forms of energy, typically consisting of a rotor and blade assembly, electrical generator, and tower with or without guy wires.

3464. Special Permit Granting Authority: The Planning Board is hereby established as the Special Permit Granting Authority (SPGA) in connection with construction of Wind Energy Conversion Systems (WECS).

The SPGA shall grant a Special Permit only if it finds that the proposal complies with the provisions of this bylaw (unless waived) and is consistent with the applicable criteria for granting special permits.

3465. Development Requirements. The following requirements apply to all Wind Energy Conversion Systems (WECS).

1. Proposed WECS shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable electrical, construction, noise, safety, environmental and communications requirements.

2. Applicants shall provide a description of WECS including technical, economic, environmental, and other reasons for the proposed location, height and design.

3. Tower height.

a) CWES. Height limited by special permit. The SPGA shall make a finding that the height proposed is necessary for adequate operation of the CWES.

b) RWES. Maximum height seventy-five (75) feet. This height may be exceeded as part of the special permit process if the applicant can demonstrate that additional height is needed and that the additional benefits of the higher wind turbine do not increase any adverse impacts.

4. Monopole towers are the preferred type of support.

5. Height Calculation. Overall height of the wind turbine shall be measured from the land in its natural state prior to grading or filling to the highest point reached by any part of the wind turbine.

6. Setbacks. (See figures A and B) The minimum setback for the wind turbine shall be maintained equal to the overall engineer designed fall zone plus ten (10) feet from all boundaries of the site on which the WECS is located.

a) No part of the WECS support structure, including guy wire anchors, may extend closer to the property boundaries than the standard structure setbacks for the zone where the land is located.

b) WECS shall be setback a distance of four times the blade length from ways, drives, access easements, trails, ascertainable paths and above ground utility lines.

c) The Planning Board may reduce setbacks distances for the WECS with the permission of the abutting property owner(s) together with a recorded easement depicting such agreement.

7) Wetlands. No part of a WECS shall be located within the jurisdiction of the Bourne Conservation Commission unless issued an Order of Conditions.

8) Noise. The WECS and associated equipment shall conform to the Massachusetts noise regulation (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 Massachusetts Department of Environmental Protection guidance for noise measurement.

a) Manufacturers specifications may be accepted when in the opinion of the Planning Board the information provided satisfies the above requirements.

b) Upon notification of a complaint of excessive noise the property owner shall be responsible for supplying ambient and operating decibel measurements at the nearest point from the wind turbine to the property line of the complainant and to the nearest inhabited residence, to the Inspector of Buildings.

c) If the noise levels are found to have exceeded allowable limits the Inspector of Buildings shall notify in writing the owner of the property to correct the violation. If the noise violation is not remedied within 30 days the WECS shall remain inactive until the noise violation is remedied which may include relocation or removal.

7) Shadowing/Flicker. The WECS shall be sited in a manner that does not result in significant shadowing or flicker impacts. The applicant has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.

8) Prevention of Access. The applicant/owner shall ensure that all related components of the WECS are protected from unlawful access.

9) Visual Impact. The applicant shall employ all reasonable means, including landscaping and alternative locations, to minimize the visual impact of all WECS components. All components of the WECS and its support structure shall be painted plain non-reflective muted colors without graphics or other decoration.

10) Electromagnetic interference. No WECS installation shall cause electromagnetic interference.

If interference is established the Inspector of Buildings shall notify in writing the owner of the property to correct the violation. If the interference is not remedied within 30 days the WECS shall remain inactive until the interference is remedied, which may include relocation or removal

11) Lighting. If lighting is proposed (other than required FAA lights) the applicant shall submit a plan indicating the horizontal foot candles at grade, within the property line and twenty-five (25) beyond the property lines. The plan shall also indicate the locations and types of luminaries proposed.

12) Vegetation. Existing vegetation must be shown including average height of trees and any proposed vegetation removal on the subject property or abutting properties.

The Planning Board shall also consider the height of vegetation at maturity.

13) Provisions for inspection and maintenance must be submitted.

3466. Procedural Requirements:

1) Site Plan. A site plan must be submitted, prepared to scale by a registered land surveyor or civil engineer showing the location of the proposed WECS, distances to all property lines, existing and proposed structures, existing and proposed elevations, public and private roads, above ground utility lines and any other significant features or appurtenances. Any portion of this section may be waived if in the opinion of the Planning Board the materials submitted are sufficient for the Board to make a decision.

2) Telecommunications. CWES may include telecommunication antennas provided they comply with Section 2500 of this bylaw. The telecommunications carrier shall be named as the co-applicant. Co-applications are encouraged.

3) Compliance with Massachusetts State Building Code. Building permit applications shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. Documentation showing compliance with the Massachusetts State Building Code certified by a licensed professional engineer shall also be submitted. (Manufacturer specifications may be suitable at the discretion of the Inspector of Building)

4) Compliance with FAA Regulations. WECS must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

5) Compliance with National Electric Code. Building permit applications for WECS shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.

6) Utility Notification. No WECS 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.

7) Abandonment: A WECS shall be considered to be abandoned if it is not operated for a period of two years, or if it is designated a safety hazard by the Inspector of Buildings. Once a WECS is designated as abandoned, the owner shall be required to physically remove the RWES within 90 days of written notice. "Physically remove" shall include, but not be limited to:

a) Removal of WECS, any equipment shelters and security barriers from the subject property.

b) Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.

c) Restoring the location of the WECS to its natural condition, except that any landscaping and grading shall remain in the after-condition.

8) Modifications. All modifications to a WECS made after issuance of the Special Permit shall require approval by the SPGA.

9) Professional Fees. The Planning Board may retain a technical expert/consultant to verify information presented by the applicant. The cost for such a technical expert/consultant will be the expense of the applicant.

3467. Security.

1) Requirement. In conjunction with the above special permit approval process the Planning Board may require the posting of a bond or other security to assure satisfactory fulfillment of the above, in such sum and in accordance with such conditions as the Board may determine necessary.

2) Exception. The Board need not require security where there is full assurance of compliance with the above special permit.

3) Amount. The amount of security required shall not exceed either the estimated costs of the measures proposed, or the estimated cost of restoration of affected lands and property if the work is not performed as required, whichever is the greater.

3468. Severability: The provisions of this section are severable and, in the event that any provision of this section is determined to be invalid for any reason, the remaining provisions shall remain in full force and effect.