[Added 10-6-2014 by Ord.
No. 839]
A.
The Town
Council of the Town of East Greenwich finds, determines, and declares
that, in accordance with R.I.G.L. § 45-24-27 et seq., the
Town is empowered to regulate and control land use in order to protect
the health, safety, and welfare of its residents. The Town has made
a thorough study of wind energy systems as a land use and has identified
several issues, especially pertaining to potential negative impacts
on the environment and on the health of residents in the vicinity
of turbines, that are cause for concern in siting such facilities.
B.
The Town
has determined that, in much of the community, given the density and
proximity of properties and the existing mix of uses within the Town
limits, and given the sheer size and scale of most effective wind
energy systems, such construction would be inconsistent with protection
of the general health, safety and welfare. Such systems have an inherent
impact on community character and aesthetics and would not be consistent
with preserving the cultural and historical fabric of downtown or
other historically zoned areas or the visual character of our scenic
corridors.[1]
C.
The purpose
of this article is to accommodate wind energy systems in appropriate
geographic locations and at appropriate scales while simultaneously
protecting the public health, safety and welfare. This article will
provide for a review and approval process for limited wind energy
projects that will ensure compliance with the standards and regulations
established herein. A special use permit process will be created for
the construction and operation of wind systems, providing clear standards
for the placement, design, construction, monitoring, modification
and removal of wind facilities to address public safety and minimize
impacts on the scenic, natural and historic resources of the Town
and to provide adequate financial assurances regarding the viability
of such projects from construction, through operation and maintenance,
to ultimate decommissioning and removal.
As used in this article, the following terms shall have the
meanings indicated:
The individual or entity that intends to own and operate
a wind facility in accordance with this article.
The maximum rated output of electric power production equipment.
This output is typically specified by the manufacturer with a nameplate
on the equipment.
The monopole, freestanding or guyed structure that supports
a wind generator.
The vertical distance from ground level at the base of the
turbine to the tip of a rotor blade at its highest point.
A facility consisting of any and all equipment, machinery
and structures utilized in connection with the conversion, storage
or transfer of wind into electrical energy. It includes all transmission,
storage, collection and supply equipment as well as substations, transformers,
turbines and accessways (examples include but are not limited to all
blades, base, foundations, rotors, towers, vanes, wires, inverters,
batteries, generators and/or other components of the system).
UTILITY-SCALE WIND FACILITYA commercial wind facility where the primary use is intended to be electrical generation that will be sold to wholesale electricity markets.
SMALL WIND ENERGY FACILITYA wind facility located at a commercial, industrial, agricultural, residential, institutional or public facility that is designed and intended to generate electrical output primarily for the use or benefit of structures on the same lot or on contiguous commonly owned lots. Small wind facilities have a rated nameplate capacity of 80 kilowatts or less and a total height not exceeding 35 feet.
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.
A.
Utility-scale
wind facilities are not permitted.
B.
Wind
energy facilities are prohibited in all local historic districts and
on any outlying property covered by historic zoning.
C.
On-site small wind energy facilities may be installed, erected or constructed in the F-2, M/LIO, RHF and MUPD Zones on lot sizes not less than two acres, subject to the issuance of a special use permit by the Zoning Board of Review, provided that the use complies with all requirements set forth herein. Such systems are not permitted in any other zones. All permitted wind facilities shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts. No special use permit shall be granted unless the ZBR finds specifically in writing that the specific site is an appropriate location for such use; and the use is not expected to adversely affect the surrounding neighborhood; and there is not expected to be any serious hazard to pedestrians or vehicles from the use; and no nuisance is expected to be created by the use; and adequate and appropriate facilities will be provided for the proper operation, maintenance and protection of the use. In order to affirm the above-required findings of fact, the Zoning Board must assess the compliance of all proposed wind facilities with the design, installation, safety, aesthetic and environmental standards outlined below in §§ 260-116 and 260-117.
E.
Where
permitted, only one small wind energy system shall be allowed on a
property.
F.
All approved
small wind energy systems shall be required to undergo an annual safety
review, and a certified inspection report shall be filed with the
Zoning Officer.
G.
All approved
turbines shall be set back a distance either 1) equal to or exceeding
the maximum projectile distance (or thrown hazard) as determined by
the manufacturer; or 2) equal to two times or greater the overall
blade tip height of the turbine from the nearest existing residential
or commercial structure, whichever is greater, and a distance at least
equal to the overall blade tip height of the turbine from the nearest
property line or public right-of-way. All other components of the
wind facility (equipment, storage/generator sheds, transformers, substations,
guy wires or support footings) shall meet the standard setbacks for
the zone and all other relevant dimensional regulations, including
those pertaining to lot coverage, buffers and accessory structure
heights.
H.
All wind
energy facility owners shall provide a copy of their site plans and
construction plans, and, ultimately, the as-built plan sets, to local
emergency service providers and cooperate with same in developing
an emergency response plan.
A.
Controls.
Wind turbines shall have automatic braking, governing, feathering,
deicing and/or shutdown systems as needed to prevent uncontrolled
rotation, overspeeding, rotor breakage, or excessive pressure on the
tower structure, blades and other turbine components.
B.
Lighting.
Wind turbines shall only be lighted if required by the FAA. Lighting
of nontower parts of a wind turbine, such as appurtenant structures,
shall be limited to that required for safety, security and operational
purposes and shall be shielded from abutting properties consistent
with the "dark skies" principle outlined in the land development and
subdivision regulations.[1] Lighting glare on abutting properties shall be minimized
except as required by the FAA.
C.
Outside
experts. The Zoning Board of Review may hire outside consultants and
experts as needed at the applicant's expense to peer review studies
done by a wind energy facility applicant or to otherwise evaluate
the design and installation impacts of a proposed wind turbine. Such
review may cover any of the impacts addressed by this section and
may also include a structural analysis of the proposed turbine, assessments
of the expected power generation output of the facility, and any other
topics deemed relevant by the ZBR.
D.
Visual
impacts. To assess the visual impacts on a neighborhood, area or viewshed
of a proposed wind system, the Zoning Board may require color photos
of a site and its surrounding areas along with color photo simulations,
by a qualified graphics professional, of said site and surroundings
with the proposed wind facility superimposed thereon.
E.
Warnings.
Clearly visible warning signage concerning voltage shall be placed
at the base of all wind turbines, and turbines shall be designed to
prevent unauthorized access. The Zoning Board may require protective
fencing as reasonably necessary given the location of the wind turbine
on the site or in relation to the neighboring area.
F.
Shadow
flicker. Wind turbines shall be sited to minimize the shadow flicker
effect on neighboring property. The applicant bears the burden of
proving that significant adverse impacts will not occur, and failure
to show same shall result in denial of the wind system petition. Required
documentation may include simulations showing the angle of the sun
at various times of the day and of the year and at any/all angles
wherein surrounding property may be affected depending on projected
turbine height.
G.
Utility
connections. No special use permit for a wind energy facility will
be issued until an applicant submits documentation from the relevant
electrical utility, as applicable, approving the proposed connection.
H.
Environmental
analysis. Depending on proposed size, scale and siting, wind energy
facility applicants may be required to submit to the Zoning Board
of Review a report, from a professional environmental consulting firm,
that addresses the following factors:
(1)
Constraints
imposed by environmental and/or archaeological regulations.
(2)
The
presence of plant communities or animal species of concern or critical
habitat for these species.
(3)
Presence
of critical areas of species congregation such as maternity roosts,
hibernation sites, staging areas, winter ranges, nesting sites and
migration stopovers.
(4)
The
potential for habitat fragmentation.
(5)
Known
avian species that are either present at the site, that migrate through
it, or that may be attracted by site alteration and current studies
addressing potential impacts on them by the specific turbine type
proposed.
(6)
An
assessment of the general suitability of the site for wind development
in light of potential environmental impacts.
(7)
Design
and operational recommendations to avoid or minimize significant adverse
environmental effects.
(8)
Recommended
mitigation measures if significant impacts cannot be avoided.
(9)
Recommendation
regarding post-construction studies that might evaluate animal mortality
and other impacts so that operational adjustments can be made to mitigate
as necessary.
(10)
A structural analysis from a registered professional engineer to
show that the proposed setback is adequate assuming the event of a
turbine blade break or throw.
A.
All wind
energy system operators shall maintain a current liability insurance
policy, subject to annual certification, which will cover all liabilities
associated with installation and ongoing operation of the facility
through decommissioning. The special use permit approval for such
system shall be conditioned upon continuation of said policy.
B.
All approved
wind turbines, and other wind-facility-related equipment, shall, to
the extent possible, be constructed of neutral, nonreflective exterior
colors designed to blend with the surrounding environment.
C.
Wind
turbines shall not be sited in areas that will result in the turbine
dominating the view of a scenic, natural, or historic resource of
the Town from any prominent public vantage point. The Zoning Board
may require perspective drawings, digital renderings, photographic
simulations, constructed models and/or any other graphic depictions
it deems useful in determining viewshed impacts.
D.
Signage
at approved wind facilities shall be limited to those necessary to
identify the owner, provide emergency contact information, and warn
of any possible dangers.
E.
Utility
connections from the wind facility shall be located underground unless
soil conditions or site topography prevent it. The requirement for
underground utilities can only be waived by the Zoning Board of Review
if sufficient expert testimony is presented to its satisfaction that
such connection is not viable.
F.
Noise levels resulting from operation of a wind turbine shall not raise area noise levels more than five dB(a) above ambient existing conditions and in no case shall noise levels from wind turbines exceed the maximums established by the Town Code at Chapter 152, Noise. Noise levels are measured at the lot lines of the turbine site, consistent with the provisions for assessing noise effects as found in aforementioned Chapter 152, Noise. The applicant may be required to produce documentation from a qualified acoustics professional demonstrating to the satisfaction of the Zoning Board of Review that the proposed installation complies with the purpose and intent of this requirement.
G.
The Zoning
Board in issuing a special use permit may also consider potential
impacts on communications, including local emergency responder telecommunications,
other military or civilian radio use or telecommunications and/or
interference with other transmissions, including television. The Zoning
Board may require local expert testimony to this effect or other written
testimony from qualified personnel.
H.
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 state and local laws, regulations
and ordinances.
I.
Wind
facilities shall comply with all applicable requirements of the Federal
Aviation Administration (FAA).
A.
All permitted
wind turbines shall be maintained in good working condition. Maintenance
shall include painting, structural repairs, and the integrity of security
and life safety measures. A report demonstrating compliance with an
acceptable maintenance schedule shall be submitted annually to the
Building Official on the anniversary of the issuance of the building
permit as part of an annual safety certification process.
B.
An applicant
for a wind energy facility project shall be required to post a bond
of a type, of a duration, and in an amount to be determined by the
Town.
C.
When
a wind energy system is scheduled for decommissioning, the applicant
shall notify the Town by certified mail of the proposed date of discontinued
operation and plans for removal. The owner/operator shall remove the
entire wind system no more than 150 days after the discontinuation.
D.
At the
time of removal, the wind energy facility site shall be restored to
its state from before the facility was constructed. Removal shall
include all associated equipment, with appropriate disposal of any
hazardous materials. Stabilization and revegetation of the site shall
occur as necessary to minimize erosion. The Zoning Officer may allow
the owner to leave established vegetation and possibly below-grade
foundations where they would minimize erosion and limit site disturbance.
E.
The owner/operator
of a facility shall implement current industry practices during removal
to ensure minimal adverse impacts on the public health, safety and
welfare. Environmental impacts shall also be minimized, with appropriate
notice to state regulatory agencies as required.
F.
After
12 months or one year of inoperability of any wind energy system,
the Zoning Officer may reasonably determine the system to be abandoned
and shall issue a notice of abandonment to the property owner. The
owner shall have the right to respond to the notice within 30 days
of receipt. Abandonment constitutes the voiding of any special use
permit granted for a wind energy project on site.
G.
Should the property owner fail to respond to the notice of abandonment, the Zoning Officer shall allow 90 days from original receipt of the notice to accommodate complete physical removal of the offending wind energy system. If the system is not removed within 90 days, the Zoning Officer may impose the penalties outlined in § 260-79, Violations and penalties, of this chapter or will seek all available legal remedies through a court of competent jurisdiction.
H.
The owner
of an abandoned or decommissioned wind energy facility shall remove
the turbines, towers, bases and associated structures and components.
If the owner fails to do so, the Town, through the Zoning Officer,
shall pursue all legal remedies available to it and/or seek satisfaction
through the posted bond and/or place a lien against the property.
The Town reserves the right to salvage the wind facility demolition
debris to defray the cost of demolition and site stabilization.
