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2013 -- H 5579 | |
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LC01399 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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A N A C T | |
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RELATING TO TOWNS AND CITIES -- SMALL WIND ENERGY SYSTEMS | |
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Introduced By: Representatives Carnevale, Cimini, Valencia, Walsh, and O'Brien | |
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Date Introduced: February 14, 2013 | |
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Referred To: House Municipal Government | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby |
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amended by adding thereto the following chapter: |
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CHAPTER 24.6 |
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SMALL WIND ENERGY SYSTEMS |
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45-24.6-1. Definitions. – The following terms, as used in this chapter, shall have the |
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following meanings: |
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(1) "Small wind energy system" means a wind energy conversion system consisting of a |
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wind turbine, pole/tower and/or roof mounting bracket, and associated control or conversion |
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electronics which has a rated capacity of not more than ten kilowatts (10 kwh) and which is |
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intended to reduce on-site consumption of utility power. |
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(2) "Pole/tower height" means the height of the pole/tower measured from the natural |
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grade of the land to the top of the pole/tower excluding the wind turbine. |
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(3) "Blade ground clearance" means the distance measured at the lowest point of any arc |
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of a blade tip to the natural grade of the land. |
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(4) "Roof mounted system" means a system mounted to a roof with a tripod bracket |
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system that has a rated capacity between one-half kilowatts (1/2 kwh) and two kilowatts (2 kwh). |
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45-24.6-2. Small wind energy systems permitted. – The installation of small wind |
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energy systems in this state shall be permitted subject to the zoning regulations set forth in section |
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45-24.6-3. |
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45-24.6-3. Contents of zoning ordinances. – All municipal zoning ordinances shall |
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include, at a minimum, the following provisions regulating the installation of small wind energy |
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systems. |
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(1) Minimum ground clearance for pole/tower systems shall be no less than twenty feet |
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(20'); |
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(2) The allowable pole/tower height shall be determined by the lot size as follows: |
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(i) On any lot that is less than ten thousand square feet (10,000 sq ft), the height shall be |
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subject to the approval of the local zoning board following hearing; |
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(ii) On any lot that is between ten thousand square feet (10,000 sq ft) and forty thousand |
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square feet (40,000 sq ft) the height shall be a maximum of eighty feet (80'); |
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(iii) On any lot that is greater than forty thousand square feet (40,000 sq ft) the height |
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may exceed eighty feet (80'), subject to any applicable federal air space regulations. |
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(3) Set backs shall be as follows: |
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(i) For pole/tower systems the minimum set backs shall be no less than one and one-half |
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(1.5) times the diameter of the turbine blades and the guy wires set back a minimum of ten feet |
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(10') from the property lines. |
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(4) Design standards shall require that the pole/tower to be a neutral, non-reflective color |
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so as to blend into the surrounding environment. Visible flags, reflectors or reflective tape shall |
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be placed on the anchor points of guy wires and along the guy wire up to a height of ten feet (10'). |
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(5) Signage shall be limited to that which is necessary to identify the manufacturer, |
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owner, twenty-four (24) hour contact phone number and any necessary safety warnings. |
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(6) Safety standards that require all wind turbines to be equipped with an automatic |
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braking, governing or feathering system to prevent uncontrolled rotation, over speeding and |
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excessive pressure on the pole/tower. |
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45-24.6-4. Permits and fees. – Prior to the installation of any small wind energy system |
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a permit shall be obtained from the local governing body. The following fees may be imposed: |
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(1) Roof mounted systems: fifty dollars ($50.00); |
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(2) Pole/tower systems: |
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(i) Up to forty feet (40') in height: one hundred dollars ($100). |
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(ii) Above forty feet (40') in height: one hundred fifty dollars ($150). |
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45-24.6-5. Inspection required. – A structural and electrical inspection shall be |
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conducted by the local governing official following the installation of any small wind energy |
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system. |
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45-24.6-6. Utility notification. – No small wind energy system shall be installed until |
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evidence has been provided that the utility company has been informed of the customers intent to |
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install an interconnected customer owned generator. Off grid energy systems shall be exempt |
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from the provisions of this section. |
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SECTION 2. This act shall take effect upon passage. |
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LC01399 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO TOWNS AND CITIES -- SMALL WIND ENERGY SYSTEMS | |
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This act would allow the installation of small wind energy systems subject to regulations |
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and standards relating to local zoning, permits, fees, inspections and notifications. |
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This act would take effect upon passage. |
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LC01399 | |
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