The purpose of this article is to establish protocols for the
construction and operation of wind-powered electrical generating stations
in the Town of Coventry, subject to reasonable conditions that will
protect the public health, safety, and welfare.
As used in this article, the following terms shall have the
meanings indicated:
APPLICANT
Is the legal entity, including successors and assigns that
files an application under this article.
APPURTENANT STRUCTURE
Includes those elements or components of a wind-powered electrical
generating station other than the tower, nacelle, and blades that
are necessary to the proper operation and maintenance of the wind
turbine, including but not limited to buildings, access roads and
substations.
GENERATING FACILITIES
Wind turbines and electrical lines that are immediately associated
with wind turbines.
HISTORIC SITE
Any site, structure, district or archaeological site which
has been officially included on the National Register of Historic
Places, or which is established by qualified testimony as being of
historic significance.
NACELLE
The frame and housing at the top of the tower that encloses
the gearbox and generator.
NON-PARTICIPATING LANDOWNER
Any landowner other than a participating landowner whose
land is located within the Town of Coventry or in an adjoining municipality
adjacent to the proposed wind energy facility site.
OCCUPIED BUILDING
A residence, school, hospital, house of worship, public library
or other building that is occupied or in use as a primary residence
or is customarily frequented by the public at the time when the permit
application is submitted.
PARTICIPATING LANDOWNER
One or more persons that hold title in fee or a leasehold
interest with sublease rights to property on which Generating Facilities
or Associated Facilities are proposed to be located pursuant to an
agreement with the Applicant or an entity that has entered into an
appropriate agreement with the Applicant allowing the Applicant to
demonstrate the requisite right, title, and interest in such property.
PERSON
An individual, corporation, partnership, firm, organization
or other legal entity.
RESIDENCE
A building or structure, including manufactured housing,
maintained for permanent or seasonal residential occupancy providing
living, cooking and sleeping facilities and having permanent indoor
or outdoor sanitary facilities, excluding recreational vehicles, tents,
and watercraft.
SHADOW FLICKER
Alternating changes in light intensity caused by the movement
of wind turbine blades casting shadows on the ground or a stationary
object.
SIGHT LINE REPRESENTATION
A profile drawing showing prominent features, including but
not limited to topography, buildings, and trees, along and in relation
to a line of sight extending from an observer's eye to the lowest
point visible on a proposed tower.
SMALL-UNIT TURBINE
A wind energy facility that is no more than 36 feet tall
and that generates no more than 100 kw of electricity and where said
electricity is used exclusively for the power needs of the individual
homeowner who is also the applicant. Small-unit turbine applications
shall be exempt from the requirements of this article; however, small-unit
turbines must apply for and satisfy all conditions of a special use
permit obtained from the Zoning Board of Review and may not produce
more than 40 dB of noise during the day (as measured from 6:00 a.m.
to 6:00 p.m.) and no more than 35 dB of noise during the evening (as
measured from 6:00 p.m. to 6:00 a.m.). Small-unit turbines that exceed
36 feet in height shall be evaluated at the preapplication meeting
with consultation from the Zoning Board of Review. Depending on how
significant the requested variance is, the Zoning Board of Review
may require the applicant to meet the conditions of this article.
An application for a small-unit turbine shall comply with the three-hundred-radius
notification area, unless an additional notification area is required
by the Zoning Board of Review.
SUBSTANTIAL START
That construction shall be considered to be substantially
commenced when any work beyond excavation, including, but not limited
to, the pouring of slab or footings, the installation of piles, the
construction of columns, or the placement of a Town on a foundation
has begun.
TOWER
The freestanding structure on which a wind measuring or energy
conversion system is mounted.
TURBINE HEIGHT
The distance measured from the finished grade surrounding
the tower to the highest point of any turbine rotor blade measured
at the highest arc of the blade.
WIND ENERGY FACILITY
A facility that uses one or more wind turbines to convert
wind energy to electrical energy. A wind energy facility includes
generating facilities and associated facilities.
WIND TURBINE
A system for the conversion of wind energy into electricity
which is comprised of a tower, generator, nacelle, rotor and transformer.
General submission requirements.
A.
A completed application form including:
(1)
The applicant and participating landowner's name and contact
information;
(2)
The address, Tax Map number, zone, and owner(s) of the proposed
facility site and any contiguous parcels;
(3)
The Tax Map number, zone, current use, owner(s) and addresses
of owner(s) of parcels that abut the proposed facility site or abut
parcels of participating landowners that are contiguous with the proposed
facility site;
(4)
An affirmation signed and dated by the applicant, that the information
provided in the application is correct and that the proposed wind
energy facility, if approved and built, shall be constructed and operated
in accordance with the standards of this article and all conditions
of approval, if any;
(5)
All submissions required under this section shall be signed
and stamped by the appropriate licensed professional who prepared
the submission.
B.
Receipt showing payment of application fee.
C.
A copy of a deed, easement, purchase option or other comparable
documentation demonstrating that the applicant has right, title or
interest in the proposed facility site.
D.
Location map showing the boundaries of the proposed facility
site and all contiguous property under total or partial control of
the applicant or participating landowner(s) and all property within
2,500 feet of the proposed development, and showing all historic sites
within said boundaries.
E.
Description of the proposed wind energy facility that includes
the number and aggregate generating capacity of all wind turbines,
the turbine height and manufacturer's specifications for each wind
turbine (including but not limited to the make, model, maximum generating
capacity, sound emission levels and types of overspeed controls) and
a description of associated facilities. Certificates of design compliance
obtained by the equipment manufacturers from Underwriters Laboratories,
Det Norske Veritas, or other similar certifying organizations.
F.
Site plan showing the proposed location of each wind turbine
and associated facilities and all the following features located within
500 feet of the fall zone, whichever is larger, of any wind turbine:
parcel boundaries, required setbacks, topographic contour lines (maximum
ten-foot interval), roads, rights-of-way, overhead utility lines and
connections, buildings (identified by use), land cover, wetlands,
streams, water bodies, areas proposed to be regraded or cleared of
vegetation, the location and average height of tree cover to be retained
and the location, variety, planting height and mature height of proposed
trees, if any. The plan shall also include the location of any other
wind energy facilities within a five-mile radius.
G.
Written evidence that all applicable state and federal regulatory
authorities have been notified of the pending application and the
location and turbine height of all proposed wind turbines.
H.
Written evidence that the provider of electrical service to
the property has been notified of the intent to connect an electric
generator to the electricity grid, if such connection is proposed.
I.
Complete description of emergency and normal shutdown procedures.
J.
Photographs of existing conditions at the site. Site line representations
of each wind turbine from the nearest occupied building and from abutting
properties located within 500 feet of the wind turbine shall be provided.
Each site line representation shall be drawn at a scale sufficiently
large to make it legible. If screening is proposed, the proposed screening
device, such as trees, shrubs or fencing, shall be depicted on the
drawing along with the sight line as altered by the screening. Current
color photographs of the proposed site of the wind turbine(s) taken
from viewpoints corresponding to each of the sight line representations
shall also be submitted.
K.
The application shall also include structural drawings of the
tower foundation and anchoring system: a) prepared by the wind turbine
or tower manufacturer; b) prepared in accordance with the manufacturer's
specifications; and c) stamped by a Rhode Island-licensed professional
engineer.
M.
Written summary of operation and maintenance procedures for
the wind energy facility and a maintenance plan for access roads,
erosion and sedimentation controls and stormwater management facilities.
N.
Sound level analysis and shadow flicker analysis prepared by
a qualified engineer(s), which satisfy the standards of this article.
Any other relevant studies, reports, certifications and approvals
as may be reasonably requested by the Zoning Board of Review to ensure
compliance with this article.
O.
Documentation verifying that there will be no interference with
neighboring radio, TV, satellite, or other signal communications.
Developer must provide calculations of potential hazards such
as ice throw and blade throw in the event that such was to occur.
These calculations shall be based on maximum governed speed of the
blades releasing at the optimum angle for maximum distance. The Zoning
Board of Review shall take these calculations into consideration on
a case-by-case basis in determining appropriate locations for wind
turbines within the community and must determine if the proposal is
consistent with state guidelines.
Application. The Applicant shall submit its application to the Planning Commission for commercial site plan review as set forth in Article
XVI and, in accordance with R.I.G.L. § 45-24-49, such review shall be advisory in the case of special use permits. Upon receiving Planning Commission advisory, the same shall be submitted to and/or referred back to the Zoning Board of Review for further action on the application. At the time of submission of the application, the applicant shall simultaneously file the application with all supporting documents to the Planning Commission.
The applicant or an applicant's designee acceptable to the Zoning
Board of Review shall maintain a current general liability policy
during the construction phase of the wind energy facility that covers
bodily injury and property damage with minimum limits of $2,000,000
per incident/per occurrence. The applicant shall provide the Zoning
Board of Review with proof of such insurance. Upon the completion
of the construction and the issuance of a certificate of occupancy,
the applicant or operator of the wind energy facility shall file and
maintain with the Zoning Board of Review or its designee a current
general liability policy that covers bodily injury and property damage
with minimum limits of $2,000,000 per incident/per occurrence. Certificates
of insurance shall be made available to the Zoning Board of Review
or the Zoning Official upon request.
The applicant or its designee shall maintain a phone number
and identify a responsible person for the public to contact with inquiries
and complaints throughout the life of the wind energy facility. The
applicant or its designee shall make reasonable efforts to respond
to the public's inquiries and complaints and shall provide written
copies of all complaints and the company's resolution or response
to the Zoning Board of Review or the Zoning Official upon request.
This article shall become effective upon passage.