Fairhaven _Green Communities Act 2008 As-of-Right Zoning
Posted in the Fairhaven Forum
Does Fairhaven have an As-of-Right Zoning Ordinance or Bylaw:
Allowing Use of Wind Energy Facilities after the enactment of the 2008 Green Communities Act -Probably NOT
A Model was Prepared by:
Department of Energy Resources
Massachusetts Executive Office of Environmental Affairs
This Model By-Law was prepared to assist cities and towns in establishing reasonable standards for wind power development. The by-law is developed as a model and not intended for adoption without specific review by municipal counsel.
As-of-Right Siting: As-of-Right Siting shall mean that development may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. As-of-right development may be subject to non-discretionary site plan review to determine conformance with local zoning bylaws as well as state and federal law. As-of-right development projects that are consistent with zoning bylaws and with state and federal law cannot be prohibited.
Building Inspector: the inspector of buildings, building commissioner, or local inspector charged with the enforcement of the state building code.
Building Permit: The permit issued in accordance with all applicable requirements of the Massachusetts State Building Code (780 CMR).
Designated Location: The location[s] designated by [the community’s local legislative body] in accordance with M.G.L. c. 40A, section 5, where wind energy facilities may be sited as-of right. Said location[s][is/are] shown on a Zoning Map [insert title of map]. This map is hereby made a part of this Zoning Bylaw and is on file in the Office of the [Town/City] Clerk.
3.1 Compliance with Laws, Ordinances and Regulations
The construction and operation of all such proposed wind energy facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, environmental, electrical, communications and aviation requirements.
3.2 Building Permit and Building Inspection
No wind energy system shall be erected, constructed, installed or modified as provided in this section without first obtaining a building permit.
Where is the Fairhaven Bylaw for an As-of-Right Zoning Ordinance?
It appears that the Town of Fairhaven should have followed the DOER model for a bylaw to install commercial wind turbines under the Green Communities Act of 2008 .The town had plenty of time over the last few years to go to Town Meeting and introduce a new bylaw that superceeded the 2004 bylaw .
As it stands right now the Town of Fairhaven onl has a "special permit" bylaw from 2004 and no As-of-Right Siting bylaws ,
Here is the old bylaw .Where is the new one ?
§ 198-29.5 Wind Energy Facilities [Added 5-1-2004 STM by Art. 11]
A. Purpose. The purpose of this section is to encourage the use of wind energy and to minimize the impacts of wind turbines on the character of neighborhoods, on property values, on the scenic, historic, and environmental resources of the Town; and to protect health and safety, while allowing wind energy technologies to be utilized.
B. Special Permit Granting Authority. The Planning Board shall be the special permit granting authority (SPGA) for commercial wind facilities.
Taunton Superior Court # 2
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