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Westerly
Town of Westerly Zoning Ordinance
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§ 260-87.5

Wind energy systems

[Added 9-11-2006 by Ch. No. 1581]

  • A. Purpose. It is the purpose of this section to promote the safe, effective and efficient use of wind energy systems installed to reduce the on-site consumption of utility-supplied electricity.
  • B. Findings. The Town of Westerly finds that wind energy is an abundant, renewable, and nonpolluting energy resource and that its conversion to electricity will reduce our dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of conventional energy sources. Distributed small wind energy systems will also enhance the reliability and power quality of the power grid, reduce peak power demands, and help diversify the state's energy supply portfolio. Wind energy also makes the electricity supply market more competitive by promoting customer choice.
  • C. Definitions. As used in this section, the following terms shall have the meanings indicated:

    TOWER HEIGHT — The height above grade of the fixed portion of the tower, excluding the wind turbine itself.

    WIND ENERGY SYSTEM — A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics.

  • D. Permitted use. Wind energy systems shall be allowed by special use permit in all zoning districts subject to the requirements set forth below:
    • (1) Special use permit applications for wind energy systems shall include a site plan of the subject property drawn to a uniform scale, including location of the tower, all accessory structures and appurtenant equipment, and the location of any other structures on the site.
    • (2) The applicant shall provide a report containing a description of the tower with technical support establishing its structural integrity and need for accessory structures.
    • (3) There shall be a restriction of one turbine and tower per deeded property with a minimum of seven acres. Municipal/commercial properties may exceed one turbine and tower per property on a case-by-case basis.
    • (4) Advertising signage, communication devices, cellular dishes or the like may not be attached to a tower. This restriction does not apply to signs necessary for public safety purposes as required by a duly authorized regulatory authority.
    • (5) The owner of the property where a wind energy system is located shall be required to obtain a demolition permit to remove and properly dispose of the structure within 180 days of its abandonment, which shall be defined as the ceasing of the continuous production of electricity for longer than 90 days.
    • (6) Tower height shall not exceed 85 feet, and in all cases a fall zone of 360°, with a radius equal to the tower height, shall be provided entirely within the lot upon which the tower is located, within which no residential structures shall be located. Towers exceeding 85 feet in height shall be permitted exclusively for municipal use.
    • (7) No part of a wind energy system structure, including guy wire anchors, may extend closer than minimum zoning setback requirements of primary structures.
    • (8) Wind energy systems shall not exceed noise levels as permitted by the Noise Control Ordinance of the Town of Westerly.
    • (9) Designs for all wind energy systems must be certified by the Federal Department of Energy or other small wind energy certification program recognized by the State of Rhode Island.
    • (10) Building permit applications for wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, footings and all appurtenant structures, demonstrating compliance with the International Building Code and National Electrical Code, as amended. The tower and turbine shall be engineered to withstand appropriate wind loads in conformance with the International Building Code. An engineering analysis shall be submitted demonstrating code compliance as certified by a licensed professional engineer or manufacturer.
    • (11) Wind energy systems must comply with applicable FAA regulations as specified in 14 CFR Part 77, entitled "Objects Affecting Navigable Airspace."
  • E. Utility notification. No wind energy system shall be granted a special use permit until written evidence has been provided that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.