Municipal Wind Ordinances C

Volume I Chapter 1. Wind Energy Rhode Island Renewable Energy Siting Partnership

6.3.3 Municipal Wind Ordinances

As greater numbers of municipalities draw up formal approaches to wind energy siting within their borders, the specifics will be locally informed and will vary greatly from town to town. Interest in wind energy, availability of wind resources, and constraints on wind energy development are a few of the factors contributing to local decisions on whether and where to pursue wind energy development. Municipal participation in the RESP stakeholder process indicated that priorities differ widely across Rhode Island communities. For some towns, preservation of historic or scenic vistas takes high precedence, while others may be more concerned about offsetting current municipal energy bills through net metering. Both the likelihood of impacts and the determination of an acceptable level of impact are expected to vary by municipality, and there is no one-size-fits all approach to wind energy siting. Ch. 1 Table 21 lists the different permitting options municipalities may choose from when deciding how to regulate wind energy development in their city or town. Page 175 Volume I Chapter 1. Wind Energy Rhode Island Renewable Energy Siting Partnership Ch. 1 Table 21. Municipal Options for Regulating Wind Energy Development Option DefinitionExample Relevant Considerations Permitted use Municipalities may devise a single ordinance that will address standards for all types of wind energy projects with detailed references to different types of projects within each section. A project is acceptable as long as it meets design standards. Municipalities may choose to specify different permitting arrangements based on the scale of the project e.g., small, medium, or large and the zoning designation of the surrounding area e.g. rural, residential, commercial, or industrial. As turbine size and population density increase, so do the benefits of requiring a special use permit above and beyond what is required for conventional permitted uses. Special use permits can offer more nuanced municipal oversight of a project than a general permitted use permit. An overlay wind energy zone may save time during the permitting process, but offers less control over each development on a case- by-case basis. Special use permit, conditional permit The “special use permit” zoning process granted to municipalities through RI General law Section 45-24-42 of the RI Zoning Enabling Act. Special use permits allow for a regulated use pursuant to meeting certain performance criteria and procedures for the use and are issued by municipal zoning boards of review. The permit is granted if the applicant demonstrates that the use would not be injurious to the public health, safety and welfare. A special use permit is not to be confused with a dimensional variance, which concerns only the physical setback requirements of a particular parcel. Development is permissible only under the conditions identified in the permit. Zoning overlay Superimposes a zoning category such as a special wind energy zoning area onto a larger base zone. Conditions pertaining to development are uniform throughout all lands receiving this designation, and are complementary to the underlying zoning designations of these lands. If a municipality decides to develop land-based wind energy ordinance, a review of similar ordinances used in cities and towns throughout the country have identified some common components:  Purpose and Applicability: This section outlines the purpose of the ordinance and outlines what types of projects it is intended to regulate.  Definition Section: This section allows the municipality to craft definitions of technologies, impacts, and requirements that reflect local understandings and priorities.  Permitting Procedure: In this section, a municipality may list required documents e.g., site plan, blueprints, documentation of the components such as panels, mounting systems or Page 176 Volume I Chapter 1. Wind Energy Rhode Island Renewable Energy Siting Partnership turbine structures, proof of liability insurance, property lines and physical features around the project site, and an operations and maintenance plan or simply state that there must be a general compliance with local, state, and federal rules and regulations. Some municipalities e.g., North Carolina also require developers to produce financial surety to cover the cost of turbine removal in the form of a bond, escrow, or other commitment. Municipalities may also include a list of impact assessment studies required with the application see Section 6.3.1  Abandonment and Decommissioning Procedure: Decommissioning refers to planned removal of a wind energy facility, while abandonment is unforeseen. Requirements may be made for notice, removal plans, financial guarantees and a date by which turbines must be removed. The plan may also call for the owner to restore the site to its original status.  Mitigation Measures: In this section, a municipality may specify required measures to mitigate potential acoustic, shadow flicker, property values, and environmental impacts associated with wind turbines. Mitigation measures typically include setbacks, maximum hours per day or year of shadow flicker, signage and lighting limitations, public safety procedures, and may also require proof of liability insurance see Ch. 1 Table 20. 6.4 Moving Forward As the dialog regarding land-based wind energy development in Rhode Island advances, continued involvement of all stakeholders, from both the public and private sectors, will be necessary. The RESP process has contributed greatly to this ongoing discussion by providing a forum for the people of Rhode Island to learn about this topic and share their issues, concerns and recommendations. In addition, as a result of the RESP the state now has numerous scientific resources, containing Rhode Island specific data to inform the decisions surrounding renewable energy. Throughout the RESP process, the public was heard and their comments were thoughtfully considered during the completion of the RESP productsall comments received and responses are available online at http:seagrant.gso.uri.eduresp. Moving forward, the Rhode Island Office of Energy Resources is committed to continued work on the topic of renewable energy and further investigations into this topic. Following the RESP, the Rhode Island Office of Energy Resources and Division of Planning, Statewide Planning Program will be updating the existing Rhode Island State Energy Plan State Guide Plan 781 and creating an overarching strategy for managing Rhode Island’s energy using safe, reliable, least-cost, environmentally sound, sustainable, and where appropriate, in-State resources. This planning process will engage both public and private stakeholders, and encompass all energy sectors in the state e.g. residential, commercial industrial, municipal, power generation, and transportation including both onshore and offshore renewable energy. The findings and tools of the RESP will be an important resource in this comprehensive energy planning process, as land-based renewable energy development in Rhode Island is examined in a broader context, with all other energy sources. Page 177 Volume I Chapter 1. Wind Energy Rhode Island Renewable Energy Siting Partnership