Special Permit: Wind Turbines Cape Cod Commission 2004

Cape Cod Commission Cape Light Compact Model Bylaw for Land-based Wind Energy Conversion Facilities
Year 2004

Funded by a Community Planning & Development Grant (CP-04-05) from the Massachusetts Technology Collaborative

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04.0 Special Permit Regulations

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 applicablecriteria for granting Special Permits. Commentary:

Most zoning bylaws require that the SPGA find that specific criteria are met before a Special Permit can be granted.

These criteria vary greatly in their scope from town-to-town, but the minimal requirements are that the proposed use would not be detrimental to the neighborhood or derogate from the intent or purpose of the bylaw.

The criteria also generally include more specific issues to be considered by the SPGA such as noise, traffic, visual character and suitability.

These criteria would be applicable to all Special Permit projects, not just wind energy facilities. Therefore, this section of the bylaw is intended to reference the existing applicable criteria for approving Special Permits.

The SPGA would also have the authority to waive certain requirements where appropriate. Waiving certain Special Permit requirements would not be considered a variance, but rather the SPGA would have to make a finding that the waiver was appropriate and was consistent with the Special Permit granting criteria.

04.1 General 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, environmental and communications requirements.

http://www.capecodcommission.org/resources/bylaws/ModelWindBylaw.pdf