Development standards for transportation, communication and utility uses
(1) Development standards for Use Code 4462: Commercial dock or pier.
a. Hours of operation are compatible with the uses of the adjoining properties.
b. Compatibility of the commercial dock or pier with uses of the adjoining properties.
c. Completion of a parking needs analysis and provision of sufficient parking.
d. Economic benefit to the Town of Narragansett.
e. Signage. Signs must comply with section 7.18 of this ordinance.
f. Illumination must comply with section 7 of this ordinance.
(2) Development standards for Use Code 4813: Radio or TV station.
a. Site. Minimum of 20,000 sq. ft. of buildable land.
b. Signage. Signs must comply with section 7.18 of this ordinance.
c. Illumination, landscaping must comply with Section 7 of this ordinance.
d. If a transmission tower is involved in the station onsite, the facility must also meet the development standards for transmitters and towers required in section 12.26.3 of this ordinance.
(3) Development standards for Use Code 4819: Transmitters and towers
a. Application requirements. All applications for permits to construct, install or erect transmitters, and towers including cellular communications towers or equipment shelters, or to install, mount or erect cellular communications antenna arrays on existing buildings or on other alternate antenna support structures, shall include the following information:
1. The applicant shall supply a definition of the area of service and indicate the current coverage capacity.
2. The applicant shall supply information showing that the proposed facility would provide the needed coverage and/or capacity.
3. The applicant shall provided a map or maps, covering the entire town and showing all existing, proposed or planned sites of such carrier, including alternative sites from which the needed coverage could also be provided, and indicating the zoning for all such sites.
4. Should an existing structure not be utilized, the applicant shall provide evidence as to why such structure has not been utilized.
5. The applicant shall indicate how the site will be designed to co-locate future carriers, and how many of such carriers can be technically accommodated. The application shall contain a statement that if the site will physically support co-location, any co-location applicant willing to sign a commercially reasonable lease, shall be allowed to co-locate.
6. A scaled plan and a scaled elevation view and other supporting drawings and calculations, indicating color and other documentation; and showing the location and dimensions of the relevant cellular communications tower, cellular communications antenna array, equipment shelter and any and all other devices and attachments, including electrical wiring, cable, wire or other connective materials to and from the antennae to the equipment shelter, and to and from the equipment shelter to any existing or proposed wires, cables or other connective devices, including conduit and ducts, whether owned, operated or managed by the applicant, or by others, and a statement identifying the owner, operator or manager of any wires, cables or connective devices that enter or exist on or along any public street or right-of-way.
7. Proof of ownership of the land upon which a cellular communications tower, antenna array or equipment shelter is proposed to be constructed, installed, erected, mounted or attached or a copy of an appropriate easement, lease, or rental agreement;
b. The zoning board of review shall make affirmative findings of fact relative to each of the following factors in determining whether to issue a special use permit for the construction of a transmission tower or cellular communications tower:
1. Applicant has made reasonable efforts to utilize existing structures for a cellular communications antenna array and that no other structures are reasonably available within the area sought by the applicant to produce adequate communications coverage for the applicant.
2. Applicant has made reasonable efforts to avoid the necessity of erecting a new tower, including, but not limited to, the construction of a permitted structure on which a cellular communications antenna array could be placed.
3. Applicant's proposed tower comports with the height restrictions and/or requirements provided for herein.
4. Applicant's proposed tower comports with the use requirements and/or restrictions provided for herein, as well as the uses of the neighboring properties.
5. Applicant's proposed tower comports with the surrounding topography, tree coverage and other natural elements of the landscape of the proposed site and applicant's property.
6. Applicant's proposed tower comports with the design characteristics that reduce or eliminate adverse impacts on the community including type (guyed tower, lattice tower or monopole) of tower or antenna array, color of tower or antenna array, and overall visual obtrusiveness.
c. Development standards are as follows:
1. Communications towers shall be set back from all property lines a minimum of one foot for each one foot of tower height. When the property abuts an Historic Overlay District, the setback distance from such district shall be one and one-half foot for each one foot of tower height.
2. All tower supports, accessory equipment, equipment shelters, and peripheral anchors, including guy wire anchors, shall be set back from all property boundaries the minimum distance required for a principal structure for the zoning district in which a cellular communications tower is to be located, and shall comply with all other applicable zoning requirements and building codes.
3. Equipment shelters shall be obscured from view by being placed among or surrounded by trees, shrubs or fences and shall be locked at all times and shall be clearly labeled as to the person to be contacted in the event of an emergency. At a tower site, the design of the buildings and related structures shall use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and existing environment.
4. For the erection of a cellular communications tower, the proposed facility shall preserve or enhance the preexisting character of the surrounding buildings and land uses as much as possible. All components of the proposed facility shall be integrated through location and design to be compatible with the existing characteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved and the disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the facility on the surrounding areas.
5. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is constructed and maintained in compliance with standards contained in the state building code as amended from time to time. If upon inspection, the building official concludes that a tower fails to comply with such code and standards; and constitutes a danger to persons or property, then the building official shall proceed in accordance with RIGL 23.27.3, entitled state building codes. Towers must be structurally inspected by a registered engineer every ten years and a certificate of such inspection shall be filed with the building official. Towers shall either maintain a galvanized steel finish or, subject to any applicable Federal Aviation Administration standards, be painted a neutral color, so as to reduce visual obtrusiveness.
6. For the erection of a cellular communications antenna array on an existing structure, the proposed facility shall preserve or enhance the pre-existing character of the building or structure on which it is located, as well as the surrounding buildings and land uses. All components of the proposed facility shall be integrated through location and design to be compatible with the existing characteristics of the site to the extent practical. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Where wireless telecommunications are installed on buildings, a parapet shall be installed to minimize the adverse visual impact of the tower and/or antenna. Further, the height of a cellular communications antenna array shall not exceed the height of existing structure by more than 12 feet if omni-directional or whip type antennae are used, and by not more than six feet if directional or panel type antennae are used.
7. No cellular communications tower or cellular communications antenna array shall be permitted within the Historic Overlay District as provided in section 5 of this ordinance.
8. Towers shall not be artificially lighted, unless required by the Federal Aviation Administration or other applicable authority. If lighting is required, the reviewing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
9. There shall be no signs, symbols, flags, banners or other devices or things attached to or painted or inscribed upon any tower.
10. All antennae shall comply with applicable Federal Communication Commission and Federal Aviation Administration regulations.
11. Existing on-site vegetation shall be preserved or improved and the disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the facility on the surrounding areas. Appropriate screening shall be installed at all tower sites to screen views from adjacent properties and streets. Planting shall be of such a height and density to ensure screening. Screening shall consist of plant and/or tree material approved by the director of planning. Screening shall not be less than five feet in width, nor less than eight feet in height. Screening may be waived on those sides or sections which are adjacent to undevelopable lands. The owner of the property shall be responsible for all maintenance and shall replace any dead plantings within 30 days.
d. All communication towers, structures and facilities which have not been used for a period of one year shall be considered abandoned and shall be dismantled and removed at the owner's expense. The owner of such facility shall remove same within 90 days of receipt of notice from the building official. The applicant shall post a bond or cash security with the finance director sufficient to cover the cost of removal and restoration of the site prior to construction in any zone. The amount of said bond or security shall be estimated by the building official. If such antenna or tower is not removed within 90 days of receipt of notice, the town may take the necessary action to remove the facility and restore the site to a condition consistent with the character of the surrounding area, at the owner's expense.
(4) Development standards for Use Code 482: Power generation station. The following standards are applicable to all power generation developments
a. Site. Minimum area of 20,000 sq. ft. of buildable area.
b. Utilities. Must be located on public water or have a dependable water supply sufficient to meet the generation and cooling needs of the station. Must have adequate access to the electric grid without the need to develop extensive (more than 0.1 mile of) high-power transmission lines to connect the plant to the existing power grid or an existing power line corridor.
c. Noise. No significant odors (air emissions), noise, vibrations or lighting extending beyond the edges of the lot when the facility is operating.
d. Landscaping, screening, buffering and lighting per section 7 of this ordinance.
e. Provisions for storing fuel necessary for the generation station for a minimum of three months operation on site in safe and secure facility that will not pollute surface or groundwaters and is not vulnerable to damage from 100 year flooding or class 3 hurricane.
f. Use is compatible with surrounding properties and will not detract from neighboring property uses.
g. Minimum setbacks of 50 feet from all property boundaries.
h. Security. Perimeter of the facility must be fenced for security to prevent unauthorized access.
1. Security measures which are not inconsistent with the requirements prescribed by the Federal Energy Regulatory Commission shall be provided and approved by the chief of police or his/her designee.
2. All means of shutting down the facility shall be clearly marked. The facility owner or operator shall:
i. Provide a copy of the facility's emergency action plan to the Narragansett Fire Chief;
ii. Cooperate with federal, state, and local emergency services in developing emergency response actions; and
iii. Identify a responsible person for public inquiries throughout the life of the facility.
i. Signs. No signs are allowed on the security perimeter fencing except for a required sign displaying the installation name, address and emergency contact information no greater than six square feet in surface area, and trespassing/warning/danger signs to ensure the safety of individuals who may come in contact with the installation. Signs must be consistent with section 7.18 of this ordinance.
j. Application. The application for a power generation station must include:
1. A copy of the Preliminary Interconnection Feasibility Study from National Grid or the applicable utility company;
2. A thorough explanation of any transmission lines access or upgrade required as a result of the project, including, but not limited to, the route starting and end points, potential impacts to street trees, and right-of-way width.
3. A thorough explanation of any new or proposed upgrades to electrical substations that are related to the proposed project. Information necessary is including, but not limited to, location, screening, setbacks and noise impacts.
(4.1) Solar energy—Ground-mounted solar power system. The review of solar energy systems shall be conducted according to the following procedures:
a. Minor systems (1—39,999 sq. ft.).
1. All new minor solar energy systems shall be subject to development plan review conducted by the planning board. Minor solar energy systems shall not be considered land development projects when developed on a parcel with another principal use, unless such use is required in and of itself to undergo review as a land development project and the minor solar energy system is submitted concurrently for review.
2. The development plan review of new minor solar energy systems proposed on parcels directly abutting residential zoning districts shall include a public hearing, advertised and noticed pursuant to the requirements for public notice contained within the town subdivision and land development regulations.
b. Major systems (= or > 40,000 sq. ft.). All new major solar energy systems shall be considered and reviewed as major land development projects pursuant to the subdivision and land development regulations of the Town of Narragansett, as amended. Expansion of the surface area of such a major solar energy system, as well as any change or upgrade of the electrical infrastructure, shall be subject to development plan review and the requirements of this section.
c. Changes to approved systems. All proposed changes and upgrades to major and minor solar energy systems shall be submitted to the administrative officer of the planning board for determination as to whether such constitutes a major change or upgrade. Major changes shall include, but not be limited to, increases to the surface area or ground coverage of the system, and changes to the system's infrastructure that result in additional disturbance of land. Major changes shall be reviewed using the same process by which the solar energy system was originally reviewed. Minor changes shall be reviewed and approved by the administrative officer, or referred to the planning board as a major change.
d. Solar energy systems and any associated equipment shall not be allowed on land held under conservation easement or land for which the development rights have been sold, transferred, or otherwise removed from the parcel, unless the conditions of the easement, deed, or other applicable legal document specifically allows the installation of a solar energy system, or shall receive approval for the disturbance or use of such lands by the holder(s) of the easement or restriction.
Application requirements for solar energy systems.
e. When review by the planning board of a minor, or major solar energy system is required, all applications shall include, in addition to the requirements set forth in the town's subdivision and land development regulations, the following:
1. A project narrative, which shall contain a summary of the proposed facility, a description of the facility's context in relation to neighboring land uses and environmental features, and detail regarding the proposed operational characteristics of the solar energy system, including key features concerning the means and methods planned to minimize or avoid off-premises impacts to adjoining land uses; and
2. A statement regarding the existing or proposed energy usage of the property, if any, and a comparison of such usage to the proposed energy production of the system.
3. A landscape plan, which meets the requirements of the town's subdivision and land development regulations and this section, and depicts the locations and types of both existing and proposed vegetation;
4. Identification as to whether any prime farmland or farmland of statewide importance exist on-site, as determined by the United States Department of Agriculture Natural Resources Conservation Service within the most recent Rhode Island Soil Survey;
5. Identification of any RI Department of Environmental Management Natural Heritage Areas that may exist on site;
6. A soil erosion, runoff and sediment control plan that meets the requirements of the town's soil erosion, runoff and sediment control ordinance, and identifies the extent of proposed limits of clearing and/or disturbance, including the areas cleared and/or disturbed during construction;
7. A lighting plan for the premises;
8. Identification of access entry drives and any interior driveways and rights-of-ways, along with their material for construction, right-of-way width, and paved width; and
9. A grading and drainage plan, indicating any necessary regrading of the site and the provisions for accommodating run-off from the solar energy system, prepared by a certified professional engineer, registered to practice in Rhode Island.
10. A decommissioning/restoration plan which shall include a description of all activities necessary to remove all system components from the site, including any revegetation or regrading, and an itemized estimate of the cost of decommissioning and removal of the solar energy system;
11. Documentation that an operations and maintenance plan, detailing the provisions for maintaining the facility in good condition and the security provisions that will be implemented to prevent unauthorized access, has been approved by the director of public services; and
12. Documentation that a public safety preparedness and response plan, detailing the standards, procedures, and communication protocol to be utilized at the facility and in the event of an emergency, and documentation indicating that the plan has been approved by the police chief, the fire chief of the applicable fire district, and the director of emergency medical services.
13. Proof of liability insurance in an amount approved by the town (required at final stage);
14. A copy of the Preliminary Interconnection Feasibility Study from National Grid or the applicable utility company;
15. A thorough explanation of any transmission lines access or upgrade required as a result of the project, including, but not limited to, the route starting and end points, potential impacts to street trees, and right-of-way width.
16. A thorough explanation of any new or proposed upgrades to electrical substations that are related to the proposed project. Information necessary is including, but not limited to, location, screening, setbacks and noise impacts.
f. Conditions. Any major land development project approval of a major solar energy system shall be conditioned on, at a minimum:
1. The establishment and posting of a cash surety or bond which will not expire prior to the life of the solar development, in an amount determined by the planning board deemed sufficient to cover the cost of decommissioning and removal of the solar energy system at the end of its useful life or when abandonment occurs plus inflation, which if cash shall be held in a restricted account until decommissioning has occurred; and
2. The placement of a lien against the real property on which the solar energy system in located to cover all costs associated with decommissioning of the system that exceed the value of the cash surety or bond. Said lien shall be recorded in the Narragansett Land Evidence Records prior to issuance of any required building or electrical permits required for construction of the system and shall not be removed until decommissioning has occurred.
3. Provision of an on-site public safety response training with the police chief, and/or their designee(s), the fire chief of the applicable fire district, and/or their designee(s), and the emergency medical services director, and/or their designee(s),within one month of completion of installation of the system;
g. To ensure the fulfillment of the requirements of this section, the planning board or the zoning board of review shall have the authority to require the following:
1. Adjustments to the proposed location of the solar energy system determined necessary to mitigate negative impacts to adjacent properties, or to reduce the amount of clearing necessary for installation; and
2. The provision of additional landscaping beyond the minimum requirements of this section and the town's subdivision and land development regulations, where such is necessary to mitigate negative impacts to adjacent properties or prominent community viewsheds, or due to the unique characteristics of the subject property.
3. The zoning board of review, as part of the review and approval of the special use permit, may allow waivers from or modification to the requirements of subsection 12.26(4)(1)(d), when such are deemed necessary due to the unique site characteristics or when such would be in the interest of good planning practice. Applicants for special use permits requesting waivers or modifications to the requirements of subsection 12.26(4)(1)(d) shall discuss their request with the planning board, who shall provide an advisory opinion to the zoning board of review.
h. General requirements for solar energy systems.
1. The construction and operation of solar energy systems shall comply with all applicable federal, state, and local requirements, including, but not limited to, all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of, or associated with, a solar energy system shall be constructed in accordance with the Rhode Island State Building Code.
2. The maximum height of ground-mounted solar energy systems shall be no more than 12 feet above finished grade, except for solar canopy systems, which shall be allowed the maximum accessory building height for the district in which the canopy is located.
3. Solar energy systems shall be sited and designed to minimize any negative aesthetic impacts on neighboring properties, or on prominent viewsheds.
4. Applicants shall propose an appropriate buffer that adequately mitigates visual impacts on surrounding properties and the neighborhood in general. Selection of the proposed buffer should be based on the context and characteristics of the specific site, and shall be done in consultation with a RI licensed landscape architect. The buffer must be adequate to thoroughly screen the solar energy system year round. In addition, the required vegetated buffer shall be maintained for the life of the solar energy system. Additional landscaping and buffer widths may be required by the planning board where deemed necessary to mitigate negative impacts. Choices include, but are not limited to:
i. Fifty-foot wooded buffer; or,
ii. Twenty-foot partial landscape screen; or
iii. Ten-foot full landscape screen.
5. All solar energy systems shall be designed and located to prevent reflective glare toward any inhabited buildings on adjacent properties. Glare generated from solar panels shall not interfere with traffic or create a safety hazard.
6. On-site drainage management and erosion and sedimentation control shall conform to the latest Rhode Island Stormwater Design and Installation Standards Manual, and the RI Soil Erosion and Sediment Control Handbook, as well as all applicable town regulations.
7. All utility connections from the solar energy system shall be placed underground. If utility connections are approved to be above-ground via a request for a waiver, the zoning board of review, for systems requiring a special use permit, or the planning board, for systems allowed by right, shall make findings of fact relative to the necessity for above-ground connections, which shall be incorporated in to the written special use permit, development plan or major land development project approval.
8. Clearing of natural vegetation shall be strictly limited to what is necessary for the construction, operation, and maintenance of the solar energy system or as otherwise prescribed by applicable laws and regulations. Removal of trees within a town right-of-way shall be subject to receipt of a tree permit, which shall be approved at the discretion of the town tree warden. Excavation and filling of project sites shall be limited to what is necessary to stabilize the installation area.
9. Lighting of the solar energy system shall comply with section 7.8 and shall be limited to that required for safety and operational purposes. All site lighting shall be directed downward and incorporate full cut-off fixtures to reduce light pollution and confine the light footprint to the facility site.
10. All mechanical equipment associated with solar energy systems, including, but not limited to, controls, energy storage devices, batteries, heat pumps, exchangers, or other materials, hardware, or equipment necessary to the process by which solar radiation is converted into another form of energy shall be designed to prevent unauthorized access.
11. Solar energy systems located on prime farmland or farmland of statewide importance, as determined by the United States Department of Agriculture Natural Resources Conservation Service within the most recent Rhode Island Soil Survey, shall be designed and installed to ensure that:
12. The land beneath the solar energy system is reseeded after installation with grass or low growth vegetation that is listed in the University of Rhode Island's native plant database and, if such soils need to be removed from beneath the system for installation purposes, the soils are relocated to and spread over an undisturbed area of the site to allow the soils to be placed into productive use;
i. Any invasive species found to grow upon the land underneath the system are controlled or eliminated without the use of herbicides so that the soil remains usable for future agricultural purposes;
j. Siting of the systems shall keep with the existing contours of the land, and only pile driven or ballast block footings are to be used, so to minimize disturbance of soils during installation; and
k. Required vegetative buffers are composed of plant materials listed in the University of Rhode Island's native plant database, with a preference for pollinator-friendly materials.
1. All panels, equipment, and structures associated with a major or minor solar energy system shall meet the principal setback requirements prescribed by the zoning district in which they are located, except that major solar energy systems shall be set back from property lines abutting residentially zoned parcels, or parcels containing residential uses, a minimum of 50 feet, and from property lines abutting public and private roads a minimum of 100 feet. Additional setback distances may be required where necessary to mitigate negative impacts. Required setbacks shall be measured from the edge of the panel or associated equipment, not including any perimeter fencing.
2. Solar energy systems, including all associated equipment, shall be enclosed by a perimeter fence, which shall be not less than six feet in height and, as feasible, shall incorporate wildlife passage features for small mammals and birds in its design and installation. The perimeter fence shall be secured from unauthorized entry.
3. The site design for major and minor solar energy systems shall include adequate access and parking, and driveway and access aisle widths shall allow accessibility to the solar energy system premises by the property owner and emergency response personnel and equipment.
4. A means of shutting down the solar energy system connection to the electric utility's interconnection shall be clearly and sufficiently marked.
5. The ground cover and subgrade beneath the solar panels and associated equipment shall be designed to provide a stable, structural surface capable of properly supporting the components of the solar energy system. Grass is the preferred treatment versus gravel, crushed stone or the like, however each application shall be assessed during the development review and/or major land development project process to determine the most appropriate ground cover.
6. Any new proposed access entry drives from public rights-of-way shall require the issuance of Physical Alteration Permits (PAP) from the town or RIDOT depending on whether town or state roadways are being utilized for access purposes.
7. The solar energy system shall be maintained by the solar energy system owner and/or operator and shall be cleared of debris, weeds, trash, etc. Maintenance shall include, but not be limited to, painting, structural repairs, buffers, vegetation management, and integrity of security measures. The equipment shall remain in good repair and working order. Malfunctioning or inoperable equipment shall be removed from the property and disposed of in accordance with all applicable federal, state, and local regulations.
8. A sign shall be posted at the solar energy system, displaying the name of the owner and operator of the facility and providing a 24-hour emergency contact number. Said sign shall be no greater than six square feet in surface area. The solar energy system shall not be used for displaying any advertising except for reasonable identification of the operator of the facility. Any such signage shall comply with article 8, signs.
l. Abandonment and decommissioning.
1. Any solar energy system that has reached the end of its useful life or has been abandoned shall be removed no more than 180 days after the date of discontinued operations. The property owner or operator shall notify the zoning enforcement officer and the administrative officer of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of the following: (1) removal of all solar energy system-related structures, foundations, equipment, security barriers, and transmission lines from the site; (2) disposal of all solid and hazardous waste in accordance with applicable disposal regulations; (3) stabilization and re-vegetation of the site as necessary to prevent erosion. At the time of decommissioning, the applicant shall employ a RI landscaped architect to assess whether any re-vegetation of the site is necessary.
2. Development plan and/or major land development project approval of a principal solar energy system shall contain a condition of approval establishing a cash surety for the decommissioning and removal of the system. The planning board shall require that the financial guarantee be paid prior to issuance of any required building or electrical permits necessary for construction. The amount of the cash surety shall be established at the time of approval, and shall take into account anticipated inflation. The terms of payment and process for release shall be established by the town's subdivision and land development regulations. Release shall not occur until the system is fully removed from the site.
3. Development plan and/or major land development project approval of a principal solar energy system shall contain a condition of approval requiring a lien to be placed upon the real property on which the solar energy system is located. The planning board shall require that the lien be placed prior to issuance of any required building or electrical permits necessary for construction. Release of the lien shall not occur until the system is fully removed from the site.
4. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar energy system shall be considered abandoned when it fails to operate, or is not connected to an energy grid or end-user for a one-year period after initial operations commence. If the solar energy system owner or solar energy system operator fails to remove the facility in accordance with the requirements of this section, the town may remove the facility and institute action necessary to enforce the lien for expenses incurred in excess of the cash surety.
(4.2.) Application for wind energy generating facility.
a. All wind energy systems shall be equipped with a redundant braking system. This includes both aerodynamic over-speed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation is not considered a sufficient braking system for over speed protection.
b. An engineer's certificate shall be completed by a structural engineer, licensed in the State of Rhode Island, certifying that the tower and foundation of the wind turbines are compatible with, and are appropriate for, the particular model of wind turbine used, and that the specific soils at the site can support the wind turbine.
c. Wind turbines shall comply with the following design standards:
1. Wind turbines shall be a non-obtrusive and non-reflective color. The facility owner or operator shall maintain the paint on wind turbines at all times in good repair.
2. Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, or the facility owner and operator.
3. Within the wind energy system, wind turbines shall be of a consistent size, design, and color, of similar height and rotor diameter, and rotate in the same direction.
4. Wind turbines shall not be artificially lit, except to the extent required by the Federal Aviation Administration or other applicable regulatory authorities.
5. On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground, reach the property line, and be located and constructed in such a way as to minimize disruption to the property's primary purpose as well as to facilitate the interconnection of other commercial wind power generating facilities.
6. Non-essential appurtenances are prohibited to be affixed to any wind turbine, including, but not limited to, cellular or radio antennae.
7. A clearly visible warning sign advising persons of the presence of high voltage levels shall be placed at the base of all pad-mounted transformers and substations.
8. The applicant shall commission and submit at the time of permit application a wildlife assessment (impact study), conducted by a qualified wildlife expert having no less than five years of experience conducting wildlife assessments, indicating possible risks to local wildlife, habitat, and migratory birds. Additionally, the applicant's wildlife expert shall also develop a mitigation plan, if applicable, that addresses/mitigates any risk to wildlife, migratory birds, and affiliated habitat. All wind turbines at time of application shall be located out of bird and bat migration pathways/corridors where wind turbine construction would pose a substantial risk.
9. Wind turbines shall not be climbable up to a height of at least 12 feet above ground surface. All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by non-authorized persons.
10. The height of a wind energy system shall be measured from grade to the highest point of a rotor blade when in its uppermost position. Allowable height shall be a function of the setbacks from nearby structures and nearby property lines. Wind turbines shall be set back from all structures on a participating property owner's property a distance of no less than the wind energy system height. The setback distance is measured from the nearest point on the outside edge of a tower to the nearest point on the foundation of the occupied building.
11. All wind turbines shall be set back from the all property lines a distance of not less than one foot for each one foot of tower height plus the height of the blade at the highest extension. The setback distance is measured from the property line to the nearest point on the outside edge of a tower. Operation and maintenance building(s) and substations shall be located in accordance with zoning district yard requirements. All wind farm structures, except for wind turbines, shall comply with the regulations of the zoning district.
i. All wind turbines shall be set back from the nearest public right-of-way a distance of one foot for each one foot of tower height plus the height of the blade at the highest extension, as measured from the right-of-way line to the nearest point on the outside edge of a tower.
ii. There shall be no wind turbine shadow flicker on any window of an existing residential structure located on a parcel owned by an entity other than the parcel owner where the turbine is to be located.
iii. It is the responsibility of the parcel owner to remove all obsolete or unused systems within six months of cessation of operations. Reusable components are to be recycled whenever feasible. A decommissioning agreement approved by the town solicitor and surety or cash bond to cover the cost of removal shall be required in an amount approved by the planning board and shall be posted prior to the issuance of any building permits. Surety shall not expire prior to the life of the facility.
(4.3.) Hydro-electric power.
a. Lighting of small hydroelectric generation facilities shall be consistent with local, state, and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes and shall be shielded from abutting properties.
b. Noise levels generated by small hydroelectric generation facilities shall be consistent with federal and state law and shall comply with the ambient noise level thresholds prescribed by the Narragansett Ordinance.
c. Signage. Signs on small hydroelectric generation facilities shall comply with section 7.18 of this ordinance. Signs shall display identification of the owner or operator of the facility and a 24-hour emergency contact telephone number.
d. Security measures which are not inconsistent with the requirements prescribed by the Federal Energy Regulatory Commission shall be provided and approved by the chief of police or his/her designee.
e. All means of shutting down the facility shall be clearly marked. The facility owner or operator shall:
1. Provide a copy of the facility's emergency action plan to the local fire chief;
2. Cooperate with federal, state, and local emergency services in developing emergency response actions; and
3. Identify a responsible person for public inquiries throughout the life of the facility.
f. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation, and maintenance of the facility or otherwise prescribed by applicable laws, regulations, and bylaws/ordinances.
g. The facility owner or operator shall maintain the facility in accordance with the requirements of the federal hydroelectric generation license issued by the Federal Energy Regulatory Commission. In addition, maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local fire chief, under the applicable fire code(s). The owner or operator shall be responsible for the cost of maintaining the facility and any access road(s), unless accepted as a public way.
h. The facility proponent shall be required to provide a form of surety, either through escrow account, bond, or otherwise, to cover the cost of decommissioning and removing the facility at the end of the federal hydroelectric license term and for restoring the landscape, in an amount and form determined to be reasonable by the planning board and subject to review by the solicitor. Surety shall not expire prior to the life of the hydro-electric generation facility.
(5) Development standards for Use Code 4842: Sewage treatment facilities.
a. Site. Minimum area of 40,000 square feet of buildable area that is safely outside of any floodplain susceptible to a storm with a probability of occurrence of once in 500 years.
b. No significant odors, noise, vibrations or lighting extending beyond the edges of the lot.
c. Perimeter of the facility must be fenced for security.
d. Utilities. Access to utilities necessary for efficient operation of the treatment facility.
e. Minimum setbacks of 50 feet from all property boundaries.
f. Must have RIDEM discharge permit for treated effluent.
g. Storage capacity on site for solid waste generated for a minimal of three months of operations without the risk of polluting surface or ground waters including contingencies for a 100-year rainstorm or hurricane.
h. Loading facility and shipping plan for removing solid waste generated by the facility.
i. Contingency plans for operation during and after a 100-year rainstorm, a Class 3 hurricane, and power outage for one week.
j. Landscaping, screening, buffering and lighting per section 7 of this ordinance.
k. Use is compatible with surrounding properties and will not detract from neighboring property uses.
(6) Development standards for Use Code 4891: Utility substation (electric, gas).
a. Site. Minimum area of 20,000 square feet of buildable area that is safely outside of any floodplain susceptible to a storm with a probability of occurrence of once in 500 years.
b. No significant odors, noise, vibrations or lighting extending beyond the edges of the lot.
c. Perimeter of the facility must be fenced for security.
d. Minimum setbacks of 50 feet from all property boundaries.
e. Landscaping, screening, buffering and lighting per section 7 of this ordinance.
f. Use is compatible with surrounding properties and will not detract from neighboring property uses.
g. Electric Substation must have adequate access to the electric grid without the need to develop extensive (more than 500 feet) high-power transmission lines to connect the substation to the existing power grid or an existing power line corridor.
h. Gas substation must have access to the natural gas pipelines without the need to develop more than 300 feet of new pipeline.
(Ch. 1117, § 13, 12-18-2023)