Section XXVI Wind Energy Conversion Facilities

AN ORDINANCE TO AMEND AN ORDINANCE ENTITLED THECITY OF NEWBURYPORT ZONING ORDINANCE

Section V-D Table of Use Regulations

Amend the Table of Uses relating to the I-1 and I-1B district as follows:

UseNUMCONR1R2R3B1B2B3I1I1BI2MWMDWMU

Wind EnergyConversion Facility616NPNPNPNPNPNPNPSP(g)SP(g) NPNPNPNPWind Monitoring or Meteorological Tower 617NPNPNPNPNPNPNPP(g)P(g) NPNPNPNP

Add new Note (g) at end of table:g) Subject to special permit regulations; please refer to Section XXVI for further information. Site plan review is not required for wind energy conversion facilities.

Section V-E List of Allowable Uses

Amend Section 6. Industrial/Infrastructure by adding:USENUMDESCRIPTIONWind energy conversion facility616All equipment, machinery and structuresutilized in connection with the conversionof wind to electricity. This includes, but isnot limited to, all transmission, storage,collection and supply equipment,substations, transformers, site access,service roads and machinery associatedwith the use. A wind energy conversionfacility may consist of one or more windturbines.Wind Monitoring or Meteorological(“test” or “met”) Towers617Tower used for supporting anemometer,wind vane and other equipment to assessthe wind resource at a predeterminedheight above the ground. These towersare temporary structures, to be removedafter a maximum of one year inoperation.

Section V-IA Table of Dimensional Controls

Amend Section 6 of the Table by adding:

UseNmDistrictLotAreaStreetFrontageHeight% LotCoverageOpenSpaceFrontSideRear Wind energy conversionfacility616See Section XXVI for dimensional requirementsWind Monitoring or Meteorological (“test” or “met”) Towers617See Section XXVI for dimensional requirements

Section XXVI Wind Energy Conversion Facilities

Insert New Section:

SECTION XXVIWIND ENERGY CONVERSION FACILITIESXXVI-A PURPOSE AND INTENT

It is the express purpose of this ordinance to accommodate commercial distributedgeneration, wind energy conversion facilities (not residentially scaled facilities) inappropriate locations, while minimizing any adverse visual, safety and environmentalimpacts of the facilities. The ordinance enables the review of wind energy conversionfacilities by the City’s Zoning Board of Appeals in keeping with the City’s existingordinances. This ordinance is intended to be used in conjunction with other regulationsadopted by the City, including historic district regulations, and other local ordinancesdesigned to encourage appropriate land use, environmental protection, and provision of adequate infrastructure development in Newburyport.

XXVI-B DEFINITIONSClear area:

Area surrounding a wind turbine to be kept free of habitable structures. Thearea shall be equal to the circumference around the tower, where the radius is equal to thelength of the rotor blade measured from the base of the tower.

Distributed Generation

: Energy generation that is located at or near the end-user.

Height:

The height of a turbine measured to the tip of the blade at its highest point.

Nacelle

: The frame and housing at the top of the tower that encloses the gearbox andgenerator and protects them from the weather.

Rotor

: The blades and hub of the wind turbine that rotate during turbine operation.

Special Permit Granting Authority (SPGA)

: Board designated by zoning ordinance or ordinance with the authority to issue special permits.

Wind energy conversion facility

: All equipment, machinery and structures utilized inconnection with the conversion of wind to electricity. This includes, but is not limited to,all transmission, storage, collection and supply equipment, substations, transformers, siteaccess, service roads and machinery associated with the use. A wind energy conversionfacility may consist of one or more wind turbines.

Wind Monitoring or Meteorological (“test” or “met”) Towers

: Tower used for supporting anemometer, wind vane and other equipment to assess the wind resource at a predetermined height above the ground.

Wind turbine:

A device that converts kinetic energy of the wind into rotational energy toturn an electrical generator shaft. A wind turbine typically consists of a rotor, nacelle andsupporting tower.

Section XXVI Wind Energy Conversion Facilities

XXVI-C APPLICABILITY AND CRITERIA

1. The construction of any wind energy conversion facility shall be permitted in the I-1and I-1B zoning districts, a minimum distance of 3 times

the highest point reached by the rotor blades

300 feet

from a residential zoning district, subject to issuance of a Special Permit and provided the proposed use complies with all Dimensional andSpecial Permit Regulations set forth in Sections F and G of this ordinance.2. Wind monitoring or meteorological towers shall be permitted in the I-1 and I-1Bzoning districts, a minimum distance of 3 times

the highest point reached by therotor blades

300 feet

from a residential zoning district, subject to issuance of a building permit for a temporary structure. Only one monitoring or meteorologicaltower per lot is allowed.3. All such wind energy conversion facilities shall be constructed and operated inlocations that minimize adverse visual, safety, and environmental impacts. No special permit shall be granted unless the special permit granting authority finds in writing that:a.The proposed use is in harmony with the purpose and intent of this ordinance; b.the proposed location is an appropriate location on the site;c.the use will be sited, designed, and operated in a manner that appropriatelyaddresses the potential impacts to the neighborhood and community;d.the use will not pose a significant adverse impact to the health or public safety of the neighborhood;e.there will be no serious hazard to pedestrians or vehicles from the use; andf.adequate and appropriate facilities will be provided for proper operation of theuse.These criteria are to be used in lieu of the special permit criteria outlined in Section X-H-7.4. Such permits may also impose reasonable conditions, safeguards and limitations ontime and use and may require the applicant to implement all reasonable measures tomitigate unforeseen adverse impacts of the wind energy conversion facility, should theyoccur.

XXVI-D 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 shouldalso include proof of control over the clear areas. Control shall mean legal authority to prevent the use of any structure within the clear area for human habitation or other use permitting human occupancy.

XXVI-E PROOF OF LIABILITY INSURANCE

The applicant shall be required to provide evidence of the availability of liabilityinsurance in an amount sufficient to cover loss or damage to persons and structuresoccasioned by the failure or use of the facility.