§ 508. Wind Energy Conversion Systems (WECS)

A. Purpose. The purpose of this section is to provide for the development and use of wind power as an alternative energy source while protecting scenic values, protecting public safety, controlling noise levels, preventing electromagnetic interference, and interfacing effectively with the Island's electric utility. (Amended December 7, 2009)

B. Jurisdiction. WECS are allowed as follows: (Amended December 7, 2009)

1. As a permitted use in the RA Zone, RB Zone, RC Zone, RC/M Zone, M Zone, OHC Zone, NHC Zone and SC Zone, and as a permitted use only on Assessor's Plat 1 Lot 1-2 in the C Zone, provided all applicable location and general standards contained in this section are met. (Amended December 7, 2009)

2. As a Special Use Permit, under the provisions of subsection 508F below, in the RA Zone, RB Zone, RC Zone, RC/M Zone, M Zone, OHC Zone, NHC Zone, SC Zone whenever location and general standards as applicable cannot be met given the characteristics of the parcel in question. (Amended December 7, 2009)

3. As a Special Use Permit under the provisions of Section 508G below (utility-sized WECS) in the PU Zone, and as a Special Use Permit only on (that portion of) Assessor's Plat 2 Lot 48-1 and Lot 39 in the C Zone. (Amended December 7, 2009)

C. Location Standards.

1. If the closest property line to the proposed WECS is within two hundred twenty-five (225) feet, as measured from the central base of the proposed WECS, one (1) WECS is permitted on the lot with a height from the existing grade to the center of the blade of no more than thirty (30) feet each and with a blade diameter not exceeding nine (9) feet each. The total rated generating power of the system may not exceed 1 kW as per manufacturer's specifications.

2. If the closest property line to the proposed WECS is more than two hundred twenty-five (225) feet, as measured from the central base of the proposed WECS, a WECS is permitted on the lot with a height from the existing grade to the center of the blade of no more than forty-five (45) feet and with a blade diameter not exceeding fifteen (15) feet. The total rated generating power of the system may not exceed 3 kW as per manufacturer's specifications.

3. If the closest property line to the proposed WECS is more than three hundred (300) feet, as measured from the central base of the proposed WECS, a WECS is permitted on the lot with a height from the existing grade to the center of the blade of no more than sixty-two (62) feet each and with a blade diameter not exceeding twenty-five (25) feet each. The total rated generating power of the system may not exceed 10 kW as per manufacturer's specifications.

D. General Standards.

1. The applicant shall employ all reasonable means, including landscaping and alternative locations, to minimize the visual impact of all WECS components. All components of the WECS and its support structure shall be painted in plain muted colors (i.e. light gray-blue) without any graphics or other decoration.

2. The minimum tower setback from any abutting property line, or off-site above ground utility line, shall be a distance equal to the height of the tower from its base to the tip of a blade in the uppermost position, plus five (5) feet, or fifty (50) feet, whichever is greater.

3. The minimum distance from any guy wire to any property line shall be fifteen (15) feet.

4. If an application for a single proposed WECS includes a notarized letter, in a form acceptable to the Building Official, from any abutting property owner (all owners of a property must sign the letter) that abutting property may be included for the purpose of determining compliance with the Location Standards as well as the tower and guy wire setbacks and other standards for the siting of a WECS.

5. Where two (2) or more abutting property owners propose to share one (1) WECS, all of the property owners must sign the application and all of those properties may be included for the purpose of determining compliance with the Location Standards as well as the tower and guy wire setbacks and other standards for the siting of a WECS.

6. The participating abutters in Subsections D(4) and D(5) above shall agree that they will record an instrument on the land evidence record, in a form to be provided by the Town Solicitor, which gives notice of the land's inclusion for the purpose of a WECS installation.

7. The levels of noise generated by any WECS, measured at any property line may not exceed the noise levels allowed under the New Shoreham Noise Ordinance. However, if base recordings done as referenced below exceed Town levels, the noise level is not to exceed 6 dBA above said base readings.

8. The tower, or other supporting structure, shall be made inaccessible to unauthorized personnel.

9. No WECS installation shall cause electromagnetic interference.

E. Procedures. The following procedures shall be followed in any application for a WECS:

1. Application for a WECS installation shall be made to the Building Official on a form to be provided to the applicant by the Building Official, and shall include proof of homeowner's insurance.

2. The application shall be prepared by a person or firm experienced in WECS installation, qualified to explain the installation, maintenance, safety and performance of the proposed WECS, including data with regard to noise levels and electromagnetic interference and provisions for year-round maintenance.

3. In addition to any other information the Building Official may require with an application, every application will include:

a. Structural design and installation drawings stamped by a registered professional engineer;

b. Manufacturer's documentation demonstrating compliance with the noise and electromagnetic interference requirements of this Ordinance;

c. A site plan indicating the location of the proposed WECS, distances to all property lines, existing and proposed structures, above ground utility lines and any other significant features or appurtenances;

(1) For any application, the Building Official may require that the site plan be prepared and stamped by a registered land surveyor or civil engineer if the distances are close to the Ordinance limits, difficult to verify or for other reasons the Building Official may determine that it is necessary.

d. Measurements of ambient noise at the property lines, prior to any WECS installation proposed. Said measurements shall include the date, time of day, weather and wind conditions present when taken.

4. After the WECS has been approved and installed, measurements will be performed by the Building Official of ambient and operating decibel levels at abutters' property lines to insure compliance with the provisions of the Ordinance which are to be maintained in the file for future reference. Said measurements shall be taken and recorded under similar conditions as were present when E(3)(d) were recorded.

5. Upon a complaint of excessive noise, ambient and operating decibel measurements shall be taken by the Building Official at the complainant's property line.

6. If the noise levels allowed under the Ordinance are exceeded, the Building Official shall cite the owner. The violation shall be deemed to be a public nuisance and must be corrected within thirty (30) days from the date of notification. If the noise violation is not remedied the WECS shall be removed or relocated or shall remain inactive until the noise violation is remedied.

7. The Building Official may direct the owner of any WECS to remove the installation, including all appurtenances thereto, if the facility is not fully maintained, endangers neighboring property, or if it is abandoned. A WECS will be deemed to have been abandoned if it fails to generate power for one (1) year or more.

F. Special Use Permit.

1. The Zoning Board of Review may grant a Special Use Permit for the installation of a WECS which cannot meet the regulations and standards of this Section.

2. In order to obtain a Special Use Permit, the applicant must demonstrate to the Zoning Board's satisfaction, compliance with the General Standards for Special Use Permits.

3. The standards for noise and electromagnetic will be met by the proposal.

4. Any adverse effects of the proposal are outweighed by countervailing public benefits, after considering the following:

a. Acoustic impacts on other properties, given a wind turbine having the noise characteristics specified in the Ordinance, and having considered the following:

(1) The wind exposure of the site;

(2) The proximity of the turbine to existing or potential sensitive noise receptors off-site;

(3) The acoustic buffering provided by intervening topography or buildings, and acoustic masking from trees or other elements that, like wind turbines, generate substantially increased noise under increased wind conditions;

(4) Potential interference with positive elements of the sonic environment, such as that from coastal wave action;

(5) Impacts on the visual environment as seen from other properties and from public roads, having considered the following:

(a) Visual prominence of the facility in light of its relationship to such things as topographic crests, sight lines from heavily traveled roads, or visually absorptive background landscape.

(b) The extent and nature of locations from which the facility would intrude into otherwise scenic views.

(c) Visual relationship to nearby elements that might provide visual impact buffering, or with which visual incongruity might be a likely result.

(6) Contribution of the facility to reducing Island energy dependence on fossil fuels, either through the quantity of energy produced or through testing an approach, providing an exemplar, or being one element in a larger energy program.

G. Utility Sized WECS. The Town of New Shoreham is uniquely well suited for the production of electrical energy from utility sized wind turbines. It has abundant wind resources, the best in the State of Rhode Island, in addition to very high electricity rates principally due to the expense of importing diesel fuel to operate its power plant. The installation of commercial or utility wind energy conversion systems shall be allowed by Special Use Permit within the Public Utility Zone (see Section 321). For the purposes of this subsection, a utility wind turbine (See Section 202, Definitions) shall meet the following standards: (Added December 7, 2009)

1. A tower height which does not exceed fifty-five (55) meters (180 feet) and a total height, with blades in motion, which does not exceed eighty (80) meters, or two hundred and sixty-five (265) feet; (Added December 7, 2009)

2. A noise level which, under manufacturer's specifications, does not exceed 100 dBa at the hub, nor 45 dBa at a distance of 330 feet; and (Added December 7, 2009)

3. An exterior color which is non-reflective and designed to blend with the surrounding environment and minimal state-of-the-art lighting. (Added December 7, 2009)

(Section Amended May 23, 2001)