The simple answer is NO. Under the March 14th ordinance adopted by the Town Council, at the recommendation of the Planning Commission, there is a blanket moratorium on “any and all equipment, machinery and structures utilized in connection with the conversion of wind into electricity. [emphasis added – Article VI. D.(4)]”
The moratorium is scheduled to expire in September, but it can be extended again. If and when the moratorium is lifted, will you, as a Charlestown
When the Town Council enacted the March 14 ordinance, it deleted the definition of a “small wind energy system” [Article I.B.] – which used to be 100 kilowatts (KW) or less. The ordinance now sets 15 KW or less as eligible to apply for a special use permit in any part of town, “provided, in addition to the standards required for a special use permit, the standards contained herein are met [Article VI.(4)(d)[1]].”
Now 15 KW or less is about right for a home system. I’ve taken some of the on-line questionnaires to see what would meet most of my energy needs, and I generally get an answer of between 5 and 10 KW. These systems, manufactured and installed by professionals, cost between $25,000 and $50,000 although they are eligible for a federal income tax credit of 30% and no upward limit until 2016. There’s also a 25% Rhode Island income tax credit.
There are lots of kits, as well as do-it-yourself plans that could put you in the wind to energy business for home use for a whole lot less, in the range of a few hundred or thousand dollars. But read on, because there’s a catch.
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| No good - violates 3:1 setback |
If you want a wind energy system for your home in Charlestown
- Prepare and file a site plan, which will probably require hiring a surveyor [Article VI.(4)(d)[3][a]]
- Provide blueprints for your tower, regardless of the height, from a Professional Engineer licensed in the state of
Rhode Island - Provide detailed plans for your generator, regardless of its capacity, from an Electrical Engineer licensed by the state of
Rhode Island - Maintain a three-to-one setback from all of your property lines (e.g. if you plan for a 100 foot tower, you must have a 300 foot setback). Typically, turbines need to go 30 feet above the tallest object within 500 feet of the site. So look at your trees and add 30 feet. [Article VI.(4)(h)[2]]
- Provide certification of compliance or non-applicability with regulations of the Federal Aviation Administration [Article VI.(4)(e)[2][e]]
- Provide proof of liability insurance [Article VI.(4)(g)[3]]
- Bury all electrical cables that connect to the grid [Article VI.(4)(i)[5]]
- Conduct a neighborhood impact study to determine the effects of sound or shadow flicker from your wind system. So hire some experts. [Article VI.(4)(e)[3]]. The shadow flicker requirement can be waived on towers of less than 50 feet.
- Only use a monopole to hold up the turbine (which rules out a lot of off-the-shelf systems that use lattice work) [Article VI.(4)(i)[7]]
- Make sure the system is painted a neutral, non-reflective color and no lights unless required by the FAA [Article VI.(4)(i)[1] & [2]]
- Install an automatic braking system [Article VI.(4)(j)[1]]
- You may be required to post a surety bond or deposit equal to 125% of the tear-down cost in the event the town needs to remove your wind system [Article VI.(4)(m)[5]]
- Not stated in the ordinance, but certainly a matter of common sense given all of the above, hire a couple of lawyers
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| No Good: uses lattice tower not monopole |
AND, the “applicant has the burden of proving that the sound generated by the proposed turbine will not have a significant adverse impact on neighboring or adjacent areas [Article VI.(4)(j)[4]].” The ordinance does not say how you are supposed to do that.
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| No good: has lights, violates set-back |
Ditto on shadow flicker [Article VI.(4)(j)[5]]. Ditto on wildlife impact [Article VI.(4)(j)[6]].
AND, the town may decide, at its own discretion, that it wants an outside professional to review any aspect of your wind system. If it chooses to do so, you bear the cost. [Article VI.(4)(k)]
AND, if there are any problems with noise, shadow flicker, electronic interference, etc., the building inspector can hit you with a notice of violation and shut you down. [Article VI.(4)(l)[5] & [6]]
Other than a few other small things, you’re good to go.
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| No good: banned under the moratorium |
I’ve drawn a lot of snarky comments – mostly from an anonymous writer who sounds an awful lot like Ruth Platner – about earlier articles I’ve written about environmental and land use regulation in Charlestown
I happen to like environmental regulation. I fought for strong environmental regulation during most of my professional life. But in Charlestown
Putting up a 5 KW turbine from a kit or a DIY design could turn into your worst nightmare. If there’s any Charlestown
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| No good times two: wind AND lights |
If the town enforced the current ordinance to the letter, things could get really weird. The way this ordinance is written, any device that converts wind into electricity is either banned or requires a special use permit [Article VI.(4)(b)]. This would include appliances and toys that use wind for power. There are new eco-friendly lighting systems powered by wind (although they would probably violate the lighting ordinance). There are pumps. There are really cool toys. There’s your kid’s science project for next year’s Science Fair (better make sure the kid keeps that thing indoors). All contraband under the ordinance.
This is not a declaration that all wind power is good. This is not a declaration that all wind turbines that can be built should be built (and that goes for Whalerock).
This is, however, a declaration that not all wind power is bad and that wind power fits into a strategy for our homes and our town to move away from fossil fuels. Under the current town ordinance, it is virtually impossible for any Charlestown
Author: Will Collette
