Section 096-382-5 - Public SafetyAn applicant must demonstrate that a proposed wind energy development will be constructed with setbacks and other considerations that are adequate to protect public safety.
A. The applicant must submit evidence to the Department that the proposed generating facilities will be constructed with appropriate safety related setbacks from adjacent properties and adjacent existing uses. Such evidence shall be prepared by a licensed professional civil engineer, and must include consideration of any applicable setback recommendations by the manufacturer of the generating facility.B. To minimize risks associated with ice throw, blade shear, tower collapse, and fire, the minimum setback for generating facilities from abutting property lines is the normal setback requirement for the local zoning classification as dictated by local municipal zoning ordinance or the Land Use Planning Commission, or 1.5 times the sum of the hub height plus the rotor diameter, whichever is greater. The setback distance must be measured to the edge of the generating facility foundation closest to the property line.C. The Department may reduce the minimum setback down to that required by local zoning to the extent that the applicant has obtained safety easements from all affected landowners. The applicant shall submit any easement documents to the Department in support of any request for a reduced setback. The Department may further reduce the minimum setback in accordance with a waiver of local zoning requirements obtained by the developer upon receipt of evidence of such waiver.D. The applicant must demonstrate that the design of the turbines for the proposed wind energy development meets acceptable industry safety standards, by submission of certificates of design compliance issued by a professional certifying organization acceptable to the Department.E. The applicant must demonstrate that the turbines for the proposed wind energy development have been constructed with adequate overspeed controls and related operational safety mechanisms as part of the turbine design.F. The applicant must submit evidence demonstrating that reasonable measures will be taken to prevent and respond to a fire at the proposed wind energy development, including but not limited to the following: (1) Information regarding proposed active or passive fire suppression systems, including lightning protection systems.(2) Operational and maintenance measures used to reduce fire risk.(3) Descriptions of how proposed turbines are designed to meet applicable national or international design codes or standards or recommended fire protection practices.(4) A fire protection or fire safety plan, addressing potential ignition sources, fire control procedures, anticipated fire hazards, and proposed fire protection equipment or systems.(5) Emergency communications and response protocols with local and state emergency response providers.06- 096 C.M.R. ch. 382, § 5