PUBLIC NOTICE
Notice
is hereby given that the Town Council of the Town of Charlestown will conduct a
public hearing, open to the public, on ______________at 7:00 p.m. at the
Charlestown Town Hall, 4540 South County Trial on the following proposed
amendment to the Code of Ordinances. Opportunity shall be given to all persons interested to be heard upon
the matter of the proposed ordinance. The following proposed amendments are under consideration and may be
adopted and/or altered or amended prior to the close of the public hearing
without further advertising, as a result of further study or because of the
views expressed at the public hearing. Any alteration or amendment must be presented for comment in the course
of the public hearing. The
proposed amendments are available for review and/or purchase at the Town
ClerkÕs Office between the hours of 8:30 a.m. and 4:30 p.m., Monday through
Friday, excluding Holidays.
ORDINANCE NO. 317
Note: Words set as strikeover are to
be deleted from the ordinance; words set in bold are to be added to the ordinance.
Section 1. Chapter 218
of the Code of Ordinances, Town of Charlestown entitled Zoning, Article XV,
Section 105 is amended as follows:
Section 218-105
C. Private utility Towers and buildings (windmills)
[Added 9-13-2004 by Ord. No.
263]
(1) Special Use
Permit will be required
(2) Submittal
requirements of ¤218-105B(2) as applicable
The following new Section is
added to Chapter 218, Article XV, Section 105:
1. Purpose
The
purpose of this article is to provide for the construction and operation of
wind facilities and to provide standards for the placement, design,
construction, monitoring, modification and removal of wind facilities that
address public safety, minimize impacts on scenic, natural and historic
resources of the town and provide adequate financial assurance for
decommissioning.
This
article applies to all wind facilities constructed after the effective date of
this article. Any physical
modifications to existing wind facilities that materially alters the type or
increases the size of such facilities or other equipment shall also comply with
this article.
Fall
Zone – The area, defined as
the furthest distance from the tower base, in which a guyed tower will collapse
in the event of a structural failure. This area is less than the total height of the structure.
Height – the height of a wind
turbine measured from pre-development grade to the tip of the rotor blade at
its highest point, or blade-tip height.
Large
Wind Facility (LWF) – A wind
energy conversion system that has a rated capacity exceeding 100kW.
Rated
Nameplate Capacity – The
maximum rated output of electric power production equipment. This output is typically specified by
the manufacturer with a ÒnameplateÓ on the equipment.
Rotor
Diameter – The diameter of
the circle described by the moving rotor blades.
Small
Wind Facility (SWF) – A wind energy conversion system that has a rated
capacity of no more than 100kW.
Wind
Facility – All equipment, machinery, and structures utilized in
connection with the conversion of wind to electricity. This includes, but is not limited to,
transmission, storage, collection and supply equipment, substations,
transformers, service and access roads, and one or more wind turbines.
Wind
Monitoring or Meteorological Tower – A temporary tower equipped with
devices to measure wind speeds and direction, used to determine how much wind
power a site can be expected to generate. This includes SoDAR and LiDAR equipment.
Wind
Turbine – A device that converts kinetic wind energy into rotational
energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body,
and a rotor with two or more blades.
The
erection, construction and installation or modification of a wind facility,
except as provided for in this section, requires site plan review with the
Planning Commission and a Special Use Permit from the Zoning Board of
Review. The issuance of a Special
Use Permit shall adhere to ¤218-25.Special Use Permits. of the Charlestown
Zoning Ordinance and any other standards set forth by this ordinance. The applicant shall apply for Site Plan
Review with the Planning Commission as specified in this ordinance, retain a
conditional approval from such Commission, and then apply for a Special Use
Permit with the Zoning Board of Review. Upon the issuance of a Special Use Permit by the Zoning Board of Review
the applicant shall return to the Planning Commission to complete Site Plan
Review.
Site
Plan Review is required for all Large Wind Facility (LWF) and any facility, LWF
or SWF, that is located on a commercially or industrially zoned property, or is
to be utilized commercially, regardless of its zoning district. Only SWF on residentially zoned
properties that are to be utilized by the residential property owner, are
exempt from Site Plan Review, and those under 15 feet above the maximum height
requirement are exempted from Special Use Permits.
(a)
Required Application Materials
The
requirements for application shall be the same for Site Plan Review with the
Planning Commission as they are for a Special Use Permit with the Zoning Board
of Review. The applicant shall
provide thirteen (13) copies of the application to each appropriate body. All plans and maps shall be prepared,
stamped and signed by a professional engineer licensed to practice in Rhode Island. Included in the application shall be:
1.
General
a.
Name, address, phone number and signature of the
applicant, as well as all co-applicant property owners;
b.
Name, contact information and signature of any
agents representing the applicant;
c.
Documentation of the legal right to use the wind
facility site, including the requirements set forth in section (site control
section number)
2.
Siting and Design
The
applicant shall provide a description of the property and proposed wind
facility, which shall include the following:
a.
Copy of a portion of the most recent USGS
Quadrangle Map, at a scale of 1:25,000, showing the proposed facility site,
including turbine sites, and the area within at least two miles form the
facility.
b.
Locus map showing the proposed facility site
c.
A one inch equals 200 feet plan of the proposed
wind facility site with contour intervals of two feet, showing the following:
1.
Property lines
for the site parcel and adjacent parcels within 500 feet.
2.
Outline of all
existing buildings, including purpose (e.g. residence, garage, etc.) on site
parcel and all adjacent parcels within 500 feet. Include distances from the wind facility to each building
shown.
3.
Location of all
roads, public and private, on the site parcel and adjacent parcels within 500
feet, and proposed roads or driveways, either temporary or permanent.
4.
Existing area of
tree cover, including average height of trees, on the site parcel and adjacent
parcels within 500 feet.
5.
Proposed location
and design of wind facility, including all turbines, ground equipment,
appurtenant structures, transmission infrastructure, access, fencing, exterior
lighting, etc.
6.
Location of
viewpoints referenced in (appropriate section)
3.
Impact Statement
Applicants for large wind facilities shall provide an impact statement
prepared by a qualified individual or firm, which identifies the potential
adverse impacts to the community, neighborhood, and the natural environment,
including but not limited to those areas identified in section XX, Safety and
Environmental Standards of this ordinance. Measures for mitigating any potential adverse impacts shall
be identified.
4.
Visualizations
The applicant shall provide at least six sight
lines, including from the nearest building with a view of the proposed wind
facility, for pre- and post- construction view representation. Sites for the view representations
shall be selected from populated areas or public ways within a two (2) mile
radius of the wind facility. View
representations shall have the following characteristics:
a.
Be in color and
include actual pre-construction photographs and accurate post-construction
simulations of the height and breadth of the wind facility by superimposition
of the wind facility onto photographs of existing views.
b.
Include existing
or proposed buildings and tree coverage
c.
Include
description of the technical procedures followed in producing the
visualization, such as distances, angles, and lens.
5.
Landscape Plan
The applicant shall submit a landscape plan
indicating all proposed changes to the landscape of the site, including
temporary or permanent roads or driveways, grading, vegetation clearing and
planting, exterior lighting, screening vegetation or structures.
6.
Operation and
Maintenance Plan
The applicant shall submit a plan for maintenance
of access roads and storm water controls, as well as general procedures for
operational maintenance of the wind facility.
7.
Compliance
Documents
If required under other sections of this chapter,
the applicant will provide the compliance documents with the application.
Except as provided for in this ordinance, no wind facility shall be
erected, constructed, installed or modified as provided in this section without
first obtaining a special use permit from the Zoning Board of Review. The construction of a wind facility
shall be permitted in allowed zoning districts subject to the issuance of a
Special Use Permit and provided that the use complies with all requirements set
forth in this article, and all applicable state and federal requirements. In addition to the required findings of
the Zoning Ordinance ¤218-25.A. Special Use Permits, no special use permit
shall be granted unless the Zoning Board of Review finds in writing that:
1.
the specific site is an appropriate location for
such use;
2.
the use will not adversely affect the neighborhood;
3.
there will not be any serious hazard to pedestrians
or vehicles from the use;
4.
no nuisance will be created by the use; and
5.
adequate and appropriate facilities will be
provided for the proper operation of the use;
6.
there will be no adverse environmental impacts.
Such permits may also impose reasonable conditions, safeguards and
limitations on time and use and may require the applicant to implement all
reasonable measures to mitigate unforeseen adverse impact of the wind facility
should they occur.
The construction and operation of all such proposed wind facilities
and meteorological towers, 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 (FAA)
requirements.
Small scale wind facilities, whether building or tower mounted, may
be installed without the need to secure a special use permit, subject to the
granting of a required building permits, and provided that all applicable
requirements of this ordinance are met. A special use permit shall be required, however, where any element of
the facility extends more than fifteen (15) feet above the maximum building
height allowed for the primary use in the subject zoning district.
At the time of application for a large scale and/or
commercial wind facilities, the applicant shall be required to provide evidence
of liability insurance in an amount and for the duration sufficient to cover
loss or damage to persons and structures occasioned by the failure of the
facility. At the time of
application for small scale and/or residential wind facilities the applicant
shall provide proof of the addition of the wind facility to the applicantÕs
existing homeownerÕs insurance policy. In the instance that the insurance carrier will not accept the addition
of the wind facility, the applicant shall be required to obtain a separate
insurance policy for the wind facility.
At the time of application the applicant shall submit documentation
of actual or prospective control of the project site sufficient to allow for
installation and use of the proposed facility. Documentation shall also include proof of control over
setback areas and access roads, if required.
1.
Ground Clearance
The minimum distance between the ground and any
part of a rotor or turbine blade shall be thirty (30) feet.
2.
Setbacks
Wind turbines shall be set back a distance equal to
1.1 times the overall blade tip height of the wind turbine to the nearest
property line. This requirement
may be waived if the applicant can secure an easement over the abutting
property in accordance with Section XX, Safety and Environmental Standards of
this ordinance. This easement must
meet the minimum standard of 1.1 times the overall blade tip height.
3.
Zoning Districts
Small wind facilities shall be allowed in any
zoning district of one (1) acre or larger, provided they can meet the
applicable sections of this ordinance. Large wind facilities shall be allowed in R2A, R3A, C1, C2, C3, PDD,
Industrial and Municipal zoning districts with a minimum lot size of five (5)
acres.
1.
Color and Finish
All components of the wind facility shall be painted a neutral,
non-reflective exterior color designed to blend with the surrounding
environment and should be painted a color known to mitigate wildlife mortality.
2.
Lighting
Wind turbines shall be lighted only if required by the Federal
Aviation Administration (FAA). Lighting of other parts of the wind facility, such as appurtenant
structures, shall be limited to that required for safety, security, and
operational purposes, and shall be reasonably shielded from abutting
properties. Lighting shall be
designed to minimize glare on abutting properties and except as required by the
FAA, be directed downward with full cut-off fixtures to reduce light
pollution. Consideration should be
given to lighting that does not attract birds or bats in storm or other
conditions.
3.
Signage
No signage shall be
permitted on the wind facility, except for the following:
(a) Those signs necessary to identify the owner,
provide a 24-hour emergency contact phone number, and warn of any danger.
(b) Educational signs providing information about
the facility and the benefits of renewable energy.
(c) Signs that are permitted must comply with
Article XIII of the Charlestown Zoning Ordinance. Signs shall not exceed three square feet in size and placed
at a height not above 12 feet and shall be attached to the turbine or the
facilities building or fencing.
4. Advertising
Wind turbines shall not be used for displaying any advertising
except for reasonable identification of the manufacturer or operator of the
wind energy facility.
5. Utility Connections
Utility connections from the wind facility shall be installed
underground. Electrical
transformers for utility interconnections may be above ground if required by
the utility provider.
6. Appurtenant Structures
All appurtenant structures to such wind facilities shall be subject
to regulations of this ordinance concerning the bulk and height of structures
and determining yard sizes, lot area, setbacks, open space, parking and
building coverage requirements. All such appurtenant structures, including but not limited to, equipment
shelters, storage facilities, transformers, and substations, shall be
architecturally compatible with each other and shall be contained within the
turbine tower or other existing structures on the property whenever technically
and economically feasible. Whenever reasonable, structures shall be shaded from view by vegetation
and/or located in an underground vault and joined or clustered to avoid adverse
visual impacts.
7. Support Towers
Monopole towers are preferred over lattice or cable supported towers
for wind facilities, and shall be used when a support tower is proposed. Lattice or cable-supported towers may
only be permitted if it is demonstrated to the satisfaction of the applicable
body that the use of a monopole tower is impractical.
8. Ancillary Structures
No telecommunications dishes, antennas, cellular telephone
repeaters, or other similar devices shall be attached externally to the wind
turbine towers.
8. Safety and Environmental Standards
1.
Emergency
Services
The applicant shall provide a copy of the project summary and site
plan to the appropriate fire district and police in which the property is
located. For large scale
facilities, upon request of the fire district and/or police, the applicant
shall cooperate with local emergency services in developing an emergency
response plan.
2.
Unauthorized
Access
Wind turbines, towers, and other structures that are part of a wind
facility shall be designed to prevent unauthorized access and wind turbines
shall not be climbable up to fifteen feet above ground surface.
3.
Shadow/Flicker
Wind facilities shall be sited in a manner that minimizes shadowing
or flicker impacts. The applicant
has the burden of proving that this effect does not have significant adverse
impacts on neighboring or adjacent uses through either siting or mitigation.
4. Noise
The sound pressure
level generated by a wind facility shall not exceed 50 dB(A) measured at the
property lines. This sound pressure level shall not be exceeded for more than 3
minutes in any hour of the day. If the ambient sound pressure level exceeds 50
dB, the standard shall be ambient dB plus 5 dB.
5. Land
Clearing, Soil Erosion, Habitat Impacts
Clearing
of natural vegetation shall be limited to that which is necessary for the
construction, operation and maintenance of the wind facility and is otherwise
prescribed by applicable laws, regulations, and ordinances. Design and construction of the facility
shall provide for required construction site runoff control and storm water
management as provided for in the applicable sections of 12.5 Drainage Structures
and Facilities. of the Town of Charlestown Land Development and Subdivision
Regulations.
6. Wildlife
The potential
adverse impacts to wildlife must be identified by the applicant and shall be
minimized through appropriate facility siting and design. The best available mitigation techniques
should be utilized to minimize bat mortalities and other known wildlife impacts
7. Waiver of Setbacks, Sound and Shadow Flicker
Provisions
The Planning Commission, in its discretion, is
authorized to waive the setback, sound, and shadow flicker provisions of this
chapter to the extent these provisions affect a non-participating property,
provided the applicant submits the request in writing, and if the applicant is
not the property owner, the property ownerÕs written consent to the waiver
shall also be submitted. The
applicant shall contain the non-participating property ownerÕs acknowledgement
of the setback, sound or shadow flicker requirements of this chapter and what
is proposed in lieu thereof, describe the impact on the non-participating
property owner, and state the non-participating property ownerÕs support for
the applicantÕs waiver request. A
non-participating property ownerÕs affidavit shall be made part of the permit
approval and shall be separately recorded with the Town of Charlestown ClerkÕs
Office at the same time that the permit approval is recorded to provide notice
to all subsequent purchasers of the non-participating property of the waiver
granted.
8. Public Inquiries and Complaints
The wind facility owner shall maintain a phone
number and identify a responsible person for the public to contact with
inquiries and complaints throughout the life of the project. The wind facility owner/operator shall
post an emergency telephone number so that the appropriate people may be
contacted should any wind turbine need immediate attention. This telephone number shall be clearly
visible on a permanent structure(s) or post(s) within a reasonable distance
from the facility.
1. Facility Conditions
The applicant shall
maintain the wind facility in good condition. Maintenance shall include, but not be limited to,
landscaping, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a
level acceptable to the fire and police departments. The project owner shall be responsible for the cost of
maintaining the wind facility and any access road and the cost of repairing any
damage occurring as a result of operation and construction.
2. Modifications
All material
modifications to a wind facility made after the issuance of all required
permits and approvals shall require the applicant to return to the appropriate
authority for additional approvals.
3. Operation
If noise, electronic interference, or other adverse impacts
resulting from the operation of the wind facility have exceeded allowable
limits, the Building/Zoning Official shall notify the owner in writing of the
violation. If the violation is not
remedied within thirty (30) days the facility shall remain inactive until the
violation is remedied.
1.
Removal
Requirements
Any wind facility, which reaches the end of its
useful life or is abandoned, shall be removed. When the wind facility is scheduled for decommissioning, the
applicant shall notify the Planning Department and Building and Zoning
Department by certified mail thirty (30) days prior to the proposed date of
discontinued operations and plans for removal. The owner/operator shall physically remove the wind facility
no more than one hundred thirty (130) days after the date of discontinued
operations. At the time of
removal, the wind facility site shall be restored to the state it was in before
the facility was constructed or any other legally authorized use. More specifically, decommissioning
shall consist of:
(a) Physical removal of all wind turbines,
structures, equipment, security barriers and transmission lines from the site.
(b) Disposal of all solid and hazardous waste in
accordance with local and state waste disposal regulations.
(c) Stabilization or re-vegetation of the site as
necessary to minimize erosion. The
Planning Commission may allow the owner to leave landscaping or designated
below-grade foundations in order to minimize erosion and disruption of
vegetation.
2.
Abandonment
Absent notice of a proposed date of
decommissioning, the facility shall be considered abandoned when the facility
fails to operate for more than one year without the written consent of the
Planning Department. If the
applicant fails to remove the wind facility in accordance with the requirements
of this section within one hundred thirty (130) days of abandonment of the
proposed date of decommissioning, the town shall have the authority to enter
the property and physically remove the facility. The costs incurred by the town shall constitute a debt due
to the town upon completion of the decommissioning activities and the rendering
of an account to the facility owner, operator and the landowner, if applicable,
and shall be recoverable from such parties in an action of contract.
3.
Financial Surety
Either the Planning Commission or the Zoning Board
of Review may require the applicant for a large scale wind facility to provide
surety, either through escrow account, bond or otherwise, to cover the cost of
removal in the event the town must remove the facility. The amount and form of surety is to be
determined by the body requiring the surety, but in no event shall the amount
exceed 125 percent of the estimated cost of removal and compliance with the
additional requirements set forth herein, as determined by the applicant and
approved by the Town. Such surety
shall not be required for municipally or state-owned facilities. The applicant shall submit a fully
inclusive estimate of the costs associated with removal, prepared by a
qualified engineer. The cost
estimate shall include a mechanism for estimating the anticipated increased
costs over the lifespan of the facility. The amount of surety shall be based on the estimated cost of removal at
the end of the useful life of the facility.
Section 2. The Town
Clerk is hereby authorized to cause said changes to be made to Chapter 218,
Article XV, Section 105 of the Town of CharlestownÕs Code of Ordinances.
Section 3. This
ordinance shall take effect immediately upon passage.
Attested To By: Passed
By Town Council On:
________________________ _________________________
Jodi LaCroix, Town Clerk