D. Wind Energy Generator Towers and Systems.
[Added 1-11-2010 by Ord. No. 317]
(1) Purpose. The purpose of this subsection 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.
(2) Applicability. This subsection 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 subsection.
(3) Definitions.
| 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 of more than 100kW. | |
| Rated Nameplate Capacity — The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a "nameplate" on the equipment. | |
| Rotor Diameter — The diameter of the circle described by the moving rotor blades. | |
| Small Wind Energy System (SWES) — 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, wind monitoring or meteorological tower, and one or more wind turbines. |
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| 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 (referred to as "Met Tower"). 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. |
(4) Application for a Small Wind Energy System (SWES).
(a) Small wind energy systems that have a rated capacity of 20kW or less and Met Towers for residential use are an accessory use permitted in all zoning districts where structures of any sort are allowed. Any SWES with a rated capacity of greater than 20kW and up to 100kW are required to adhere to and apply for a special use permit as outlined in § 218-25 of the Charlestown Zoning Ordinance and any other requirement set forth in this section. Any SWES, of any size, proposed on a commercially or industrially zoned lot or to be utilized by a commercial or industrial operation shall require site plan review as set forth in §§ 218-40 through 218-44. No small wind energy system shall be erected, constructed, or installed without first receiving a building permit from the building official, or a special use permit or site plan review where applicable. A building permit shall be required for any physical modification to an existing SWES. Met Towers are required to receive a building permit prior to being erected. Met Towers that receive a building permit shall be permitted on a temporary basis not to exceed 3 years from the date the building permit was issued.
(b) Application for Building Permit:
[1] Applications shall be submitted to the Building and Zoning Department and shall contain a plot plan with the following information:
[a] Property lines and physical dimensions of the applicant's property
[b] Location, dimensions, and types of existing structures on the property
[c] Location of the proposed small wind energy system, foundations, guy anchors and associated equipment
[d] Setback requirements as outlined in Subsection D(8)(a) of this ordinance
[e] Any overhead utility lines
[f] Any areas of clearing of vegetation required to facilitate installation of the tower. This clearing shall be the minimum amount necessary.
[2] In addition the following shall be provided at the time of application:
[a] Tower and tower foundation blueprints or drawings stamped by a Professional Engineer licensed in the State of Rhode Island, certifying compliance with the appropriate codes and wind zones
[b] Wind system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed)
[c] Small wind energy systems that will be connected to the power grid shall include a copy of the application for interconnection with their electrical utility provider
[d] Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the Rhode Island State Building Code
[e] Evidence of compliance or non-applicability with Federal Aviation Administration requirements
[f] List of abutters within 200 feet of the property lines
[g] Application fee: will be determined by the cost and labor of materials of the project
(5) Standards for a Small Wind Energy System. A small wind energy system shall be permitted in all zoning districts subject to the following requirements and the appropriate permits and approvals:
(a) Setbacks.
[1] A small wind energy system shall be set back a minimum of 1.1 the overall height of the tower from:
[a] Property lines
[b] Any public roads unless written permission is granted by the governmental entity with jurisdiction over the road
[c] Any overhead utility lines, unless written permission is granted by the affected utility
[2] Guide wires used to support the tower are exempt from the setback requirements but must be a minimum of 10 feet from the property lines.
(b) Tower Height. The maximum tower height shall be restricted to 160 feet.
(c) 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(A), the standard shall be ambient dB(A) plus 5 dB(A).
(d) Shadow Flicker. Small wind energy systems shall be sited in a manner that does not result in significant shadow flicker impacts. Significant shadow flicker is defined as more than 30 hours per year on abutting occupied buildings. The applicant has the burden of proving that the shadow flicker will not have significant adverse impacts on neighboring or adjacent uses. Potential shadow flicker will be addressed either through siting or mitigation measures.
(e) Access. The tower shall be designed and installed so as not to provide step bolts or a ladder readily accessible to the public for a minimum height of 12 feet above the ground. All ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(f) Clearing. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the wind facility and as otherwise prescribed by applicable laws, regulations, and ordinances.
(g) Lighting. There shall be no lighting of the wind facility unless otherwise required by the Federal Aviation Administration.
(h) Signs. The wind facility shall not display any permanent or temporary signs, writing, symbols, logos, or any graphic representation, warning signs and manufacturers signs not to exceed 1 sq. ft. may be permitted.
(i) Ancillary Structures. No ancillary structures shall be attached to the wind facility tower that is not incidental to its primary use.
(j) Wiring. Wiring shall be installed underground and shall be approved by the Electrical Inspector for compliance with the applicable electrical code.
(k) Color. The small wind energy system shall have a non-reflective, neutral color surface.
(l) Removal of Defective or Abandoned Small Wind Energy Systems. Any SWES found to be unsafe by the building official shall be repaired by the landowner to meet federal, state and local safety standards or removed within six months. If any SWES is not operational for a period of 12 consecutive months or more, the town will request by registered mail and provide 45 days such response for the landowner to provide corrective action. In such a response, the landowner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If the Building Official deems the timetable for corrective action as unreasonable, they must notify the landowner and such landowner shall remove the turbine at their own expense within 120 days of receipt of notice from the town. The Building Official shall have the authority to pursue legal action if necessary.
(6) Application Procedures for a Large Wind Energy System (LWES).
(a) The erection, construction and installation or modification of a large wind energy system, 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. All wind energy systems, regardless of rated capacity or zoning district are required to obtain a building permit from the Building Official. 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, obtain 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.
(b) Site Plan Review is required for all large wind energy systems and any small wind energy system that is located on a commercially or industrially zoned property, or is to be utilized by a commercial or industrial operation, regardless of its zoning district. Applicants are encouraged to meet with the Town Planner prior to application and to request a pre-application meeting with the Planning Commission to discuss their project prior to submitting an application.
(c) Required Application Materials. The required application materials 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 licensed and authorized design professional consistent with the appropriate statutes governing design professionals to practice in State of 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 Subsection D(7)(e).
[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 from 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:
[i] Property lines for the site parcel and adjacent parcels within 500 feet.
[ii] 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.
[iii] 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.
[iv] Existing area of tree cover, including average height of trees, on the site parcel and adjacent parcels within 500 feet.
[v] Proposed location and design of wind facility, including all turbines, ground equipment, appurtenant structures, transmission infrastructure, access, fencing, exterior lighting, etc.
[vi] Location of viewpoints referenced in Subsection D(6)(c)[4].
[vii] Setbacks of all the components of the wind facility showing that they meet the standards of Subsection D(8)(a) and the applicable zoning district.
[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 Subsection D(10), 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.
(7) General Standards for Large Wind Energy Systems (LWES).
(a) Special Use Permit.
[1] Except as provided for in this ordinance, no large wind energy system 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 large wind energy system 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 § 218-25A, Special Use Permits, no special use permit shall be granted unless the Zoning Board of Review finds in writing that:
[a] there will not be any serious hazard to pedestrians or vehicles from the use
[b] no nuisance will be created by the use
[c] adequate and appropriate facilities will be provided for the proper operation of the use
[d] there will be no adverse environmental impacts
[2] 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.
(b) Compliance with Laws, Ordinances, and Regulations. The construction and operation of all such proposed LWES 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.
(c) Municipal Partnership Agreements. Any proposed wind facility that has entered into an approved partnership agreement with the Town for the use of the facilities energy production, may be exempted, by Town Council approval, from the process requirements for Site Plan Review and Special Use Permit. The applicant must still comply with the sections of this ordinance but the review and approval of such project will be handled by the Town Council. The Town Council may request advisory opinions from the Zoning Board and the Planning Commission, but the Town Council will act as the permitting authority. The Town Council will be required to hold a minimum of one (1) public hearing on the application prior to issuing a decision and a notification to abutters within 200 feet of the proposed property, notifying of such public hearing is required.
(d) Proof of Liability Insurance. At the time of application for a LWES, 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 wind facility.
(e) Site Control. 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.
(8) Siting Standards.
(a) 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 Subsection D(10), Safety and Environmental Standards of this ordinance. This easement must meet the minimum standard of 1.1 times the overall blade tip height.
(b) Zoning Districts. Large wind energy systems shall be allowed in all residential, commercial, TVD, PDD, Industrial and Municipal zoning districts provided they can meet setbacks and all other applicable sections of this ordinance.
(9) Design and Aesthetic Standards.
(a) Color and Finish. All components of the wind facility shall be painted a neutral, non-reflective exterior color.
(b) 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.
(c) Signage. The wind facility shall not display any permanent or temporary signs, writing, symbols, logos, or any graphic representation except for the following:
[1] Those signs necessary to identify the owner, provide a 24-hour emergency contact phone number, and warn of any danger.
[2] Educational signs providing information about the facility and the benefits of renewable energy.
[3] 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.
(d) 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. Such reasonable identification shall not be located at a height greater than 8 feet.
(e) 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.
(f) 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.
(g) 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.
(h) Ancillary Structures. No telecommunications dishes, antennas, cellular telephone repeaters, or other similar devices shall be attached externally to the wind turbine towers. Applicants are encouraged to provide internal locations for all these same devices if possible.
(10) Safety and Environmental Standards.
(a) 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. Upon request of the fire district and/or police, the applicant shall cooperate with local emergency services in developing an emergency response plan.
(b) 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.
(c) 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.
(d) 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(A), the standard shall be ambient dB(A) plus 5 dB(A). The applicant may be required to perform a sound study of the site and surrounding area prior to the issuance of approvals and permits.
(e) 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 energy system 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 § 188-62 Drainage Structures and Facilities of the Town of Charlestown Land Development and Subdivision Regulations.
(f) 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.
(g) 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 owner's written consent to the waiver shall also be submitted. The applicant shall obtain the non-participating property owner's 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 owner's support for the applicant's waiver request. A non-participating property owner's affidavit shall be made part of the permit approval and shall be separately recorded with the Town of Charlestown Clerk's 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.
(h) Public Inquiries and Complaints. The wind energy system's 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.
(11) Monitoring and Maintenance.
(a) 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.
(b) 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.
(c) 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.
(12) Abandonment and/or Decommissioning.
(a) Removal Requirements. Any large wind energy system, which reaches the end of its useful life or is abandoned, shall be removed. When the wind energy system 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 energy system 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:
[1] Physical removal of all wind turbines, structures, equipment, security barriers and transmission lines from the site
[2] Disposal of all solid and hazardous waste in accordance with local and state waste disposal regulations
[3] 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.
(b) Abandonment. Absent notice of a proposed date of decommissioning, the facility shall be considered abandoned when the system fails to operate for more than one year without the written consent of the Zoning Department. If the applicant fails to remove the LWES 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 LWES owner, operator and the landowner, if applicable, and shall be recoverable from such parties in an action of contract.
(c) Financial Surety. Either the Planning Commission or the Zoning Board of Review may require the applicant for a LWES 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.