Sham residential wind ordinance up for a vote tonight

UPDATE: Ordinance #344 still effectively bans wind energy

By Will Collette

The Charlestown Citizens Alliance just posted a disingenuous letter to the editor by Planning Commissar Ruth Platner and fellow Commissioner George Tremblay regarding proposed Ordinance 344 on residential wind power. The letter distorts the truth by committing what lawyers would call "material omissions." Those material omissions? The details on how much of a nightmare it would be for any Charlestown homeowner to actually obey this ordinance to get a permit for a small home-use wind generator.

It's not like Ruth doesn't already have the votes. I'll tell you the outcome of tonight's vote right now: 3-2 with CCA's Tom Gentz and Dan Slattery voting yes in unholy alliance with Councilor Lisa DiBello. So why won't Ruth tell the truth about how this ordinance really works? Well, we are going into an election year....

So you can better understand what this ordinance requires Charlestown property owners to do, read on for my previously-published line-by-line analysis of Ordinance 344.




With unusual modesty, Ruth Platner introduced the Town Council to her Planning Commissions’ latest work product, Ordinance #344, the supposed fulfillment of the promise to quickly produce an ordinance that will allow Charlestown homeowners to use wind energy to power their homes. The Council voted to go forward with a public hearing and likely final vote on this sham ordinance at the November Town Council meeting.

Ordinance #344 is dishonest. It does not, by any stretch, make it practical for homeowners to use wind power for their energy needs.

Still banned (set back, height)

The single achievement of this ordinance is to carve out a new category of wind energy for very small residential turbines that rise up to 35 feet off the ground or 10 feet above the roof line for units mounted on a house. But when you see the hurdles a homeowner must jump even for a very small generator, you may wonder why the Planning Commission even bothered to write this deeply flawed ordinance.

What is covered?

Ordinance 344 covers all residential wind energy facilities in Charlestown. The ordinance defines a “wind energy facility” as “all equipment, machinery and structures installed for the conversion of wind energy into electricity.” [Section D.(4)(b)] This definition casts the same wide net I described in earlier articles that would make a kid’s science fair project subject to its jurisdiction. Better teach your kids how to get a town building permit when they do their projects.

Still banned (not a monopole)

What is banned and what is merely “regulated?”

Any wind energy facility exceeding a height of 125 feet or 20 KW continues to be banned. [Section D.(4)(d)[5]]. Unless banned outright, a “wind energy facility shall be considered an accessory use and structure and any wind energy facility, regardless of height or rated capacity shall require the issuance of a building permit.” [Section D.(4)(d)[1]]

If the wind energy facility is in the new very small category (10 feet or less above the rooftop for home-mounted or 35 feet or less off the ground), Ordinance 344 “only” requires a “building permit” but  “provided that, the standards contained herein are met.” [Section D.(4)(d)[2] through [4]]. The devil is in the details and what follows are those details.

Special Use Permit
if over 35' & less than 125'

A wind energy facility that rises less than 125 feet off the ground and is rated at 20 KW or less must obtain a Special Use Permit and meet all those “standards contained herein” plus several vague and arbitrary conditions specific to generators of this size, as described later in this article.

Only wind energy facilities that are located on residential or agricultural property are covered by this “new” ordinance, not small businesses. So if the General Stanton Inn or the Hitching Post wanted to put up a small turbine to cut their electrical use, they can't.

Wind energy facilities that produce more energy than the property owner needs are not allowed.

Needs a building permit and
compliance with standards

OK, if you are a homeowner (or a farmer) and you want to install a small wind generator, what do you have to do? 

Apply for a building permit from the town’s housing official if it’s a very small generator. You must obtain any and all other permits before applying. If you want a system that will be taller than 35 feet off the ground, but less than 135 feet, you must get a Special Use Permit.

ALL wind generators, regardless of size, must meet the following requirements to get a permit under Ordinance 344:

Section D.(4)(e)[1] – A SITE PLAN that must include:

A map of the property showing property lines, location of structures and dwellings, the site of the wind generator, location of overhead utility lines and compliance with setback requirements in sub-section h (a typo – they really mean sub-section g),

Section D.(4)(e)[2] – ENGINEERING DETAILS AND SPECIFICATIONS that must include:

Blueprints and drawings stamped by a Rhode Island-licensed Professional Engineer (P.E.) showing compliance with building and electrical codes, detailed specifications on the wind generator and its mounting system from its manufacturer and a copy of your application to tie the system to the energy grid if that is your intention. This requirement appears to rule out DIY projects, or at least renders them impractical.

STILL BANNED - not enough ground clearance

Section D.(4)(e)[3] – NEIGHBORHOOD SOUND IMPACT ANALYSIS that must include “manufacturers’ documentation of the sound levels generated by the turbine under various wind conditions and at serial distances from the turbine to allow estimation of sound level at the property line.”

Other standards for ALL residential wind energy generators, regardless of size:

SETBACK: for home-mounted units, the setback is the distance to the property line, plus the height of the wind generator. The sound setback is set to prevent any sound exceeding 45 decibels in daytime or 35 db at night from crossing the property line.

STILL BANNED:
it's the wrong color, is reflective and
includes signage (manufacturer's name)

APPEARANCE: if the wind generator is 35 or more feet off the ground, it must be painted a neutral, non-reflective color, No signs other than legally required warning signs. No lights. No poles or towers other than monopoles. Wiring must be buried.

PLUS:

• All residential wind energy facilities must have a braking system.
• There must be a 10 foot clearance between the lowest swing of the blades and the ground.
• You may not place bird feeders, bird baths or bird houses near the generator.
• You may not place the generator near a barn or other structure known to harbor bats.
• You must maintain the generator in good condition.
• You may not make any modifications to the system that alters its height, sound or energy output without first securing additional town approval.
• You may be cited, shut down or fined by the town Building Official if your generator causes electrical interference, sound, shadow flicker or any “other adverse impact” exceeding the standards set out in the ordinance.

DIY Kit allowed ONLY IF certified by a
state-licensed Prof Engineer

But if you only wanted to put up a small generator that you build from a kit, can you do that?

Sure you can. Just get a permit and make sure you follow all the instructions above. Then kill yourself when you get to the part that requires you to hire a state-licensed engineer to certify your project.

Let's say you're really serious about harnessing the wind and want to go the allowable max with a 125 foot tower, what do you need to do?

In addition to each and every standard set for ALL residential wind generators, you must also [Section D.(4)(f)] do this:

• Submit to any additional or special conditions the Zoning Board may require to prevent potential adverse impact (whatever those may be);
• Demonstrate that you will take specific steps to prevent shadow or flicker impacts on your neighbors (whatever the hell that means);
• Be subject to any further, unspecific limitations the Zoning Board may impose to “protect the general character of the surrounding area" (again, whatever the hell that means).”

In other words, you are subject to the whim and fancy of the Zoning Board and to whatever NIMBY pressure the neighbors might want to apply to the town. But I suppose that's in the nature of a Special Use Permit.

PLEASE, please, please, don’t just accept my analysis, or for that matter, reject it out of hand. READ the “new” ordinance for yourself. If you think I’m wrong – say so. I would like to hear your arguments.

COMPARE the restrictions on residential wind energy in this “new” ordinance to the restrictions that existed in the old ordinance (read an analysis of the old ordinance here – and please, use the link to see the language in the old ordinance).

After carefully reviewing the “new” ordinance I now understand a bit why Platner seemed somewhat reticent to accept praise from the CCA Council members (Gentz, Slattery and their voting ally Lisa DiBello). The Planning Commission failed to produce a practical residential wind ordinance and, to top it off, they  plagiarized their own previous, bad ordinance.