PEAT Peaks Environmental Action Team

Language as recommended by the Planning Board on June 23, 2009

PROPOSED TEXT AMENDMENT: TEMPORARY WIND ANEMOMETERS

To Be Added To All Zones Except: Airport Business Zone; Resource Protection Zone; Stream Protection Zone; Island Business Zone; And All Overlay Zones.

As proposed, review would be by the Zoning Board of Appeals (ZBA)

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Proposed text amendment: (new text is underlined)

Sec 14-47 [Definitions]

Temporary wind anemometer tower: a temporary structure which may be installed for no more that two (2) years for data collection purposes and which supports devices for measuring wind speed, direction and other characteristics to assess wind energy potential and design issues for any permanent wind energy installation; often termed “meteorological towers” or “met towers”.

Sec. 14 XX. Conditional uses. [the precise paragraph numbering would depend on the zone]

The following uses are permitted only upon the issuance of a conditional use permit, subject to the provisions of section 14 474 (conditional uses) of this article and any special provisions, standards or requirements specified below:

(x) Other:

(x) Temporary wind anemometer towers, as defined in Sec 14-47, are permitted provided the following standards are met in addition to Sec 14-430:

1. Towers may be installed for the purpose of wind data collection for no more than two (2) years after the issuance of a Certificate of Occupancy for the tower. At the conclusion of the aforementioned two (2) years, the tower must be dismantled and removed from the site within 60 days; and

2. Towers shall be constructed according to plans and specifications stamped by a licensed professional engineer, which shall be provided to the Board of Appeals with the application; and

3. Towers shall be set back from habitable buildings by a distance equal to 1.1 times the tower height; and

3. The applicant shall provide a safety report prepared and stamped by a licensed professional engineer, which shall be provided to the Board of Appeals with the application and which demonstrates how the proposed anemometer tower is safe in terms of strength, stability, security, grounding, icing impacts and maintenance; and

3. The applicant shall provide evidence of commercial general liability insurance, such insurance to be satisfactory to Corporation Counsel and cover damage or injury resulting from construction, operation or dismantling of any part of the anemometer tower; and

3. Towers and associated guy wires shall be sited to minimize their prominence from and impacts on public ways (including pedestrian ways); and

3. Towers shall be used for installing anemometers and similar devices at a range of heights from the ground to measure wind characteristics (speed, direction, frequency) and related meteorological data, but shall not be used for any other purpose; and

3. A performance guarantee shall be required for the cost of removal of the tower, guy wires and anchors.

Sec. 14 430. Height limits.

(a) Roof structure. Roof structures for the housing of elevators, stairways, tanks, fans, or other building operating equipment not intended for human occupancy, skylights, steeples, roof signs, flag poles, chimneys, smokestacks, radio or television masts, water tanks, or silos may be erected above the height limitation herein prescribed for buildings.

(b) Public art. Except in residential zones, public art that has been individually accepted by the city council for inclusion within the public art collection, pursuant to Article XI, Public Art Program of the Land Use Code, (Section 14-852(c)), shall not be subject to the height limitations for buildings within the underlying zone.

(c) Temporary wind anemometer towers. Temporary wind anemometer towers may be erected above the height limitation for buildings within the underlying zone, subject to receiving Board of Appeals and FAA approval if necessary.