PUBLIC NOTICE

TO: Block Island WATER CUSTOMERS and New Shoreham SEWER USERS

Your Water/Sewer Meters are being scheduled to be replaced with new Metron-Farnier METERS.

The new meters will provide for uniformity in servicing and offer increased efficiency of operations.

Meter changeovers will begin on MONDAY, May 21.

Metron-Farnier Technicians will need access your meters are at your business or home for installations. A Water/Sewer Employee will accompany these technicians.

If you have any questions, please call 466-3231 from 7:00 AM to 3:00 PM. #20-TNP21

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PUBLIC NOTICE

Proposed Amendments to the Zoning Ordinance

Wind Energy Conversion Systems

Amendments to Section 202.A Definitions, Section 306 RA Zone Permitted Uses, Section 307 RB Zone Permitted Uses, Section 308 RC Zone Permitted Uses, 309 RC/M Zone Permitted Uses, 310 M Zone Permitted Uses, 311 OHC Zone Permitted Uses, 312 NHC Zone Permitted Uses, 313 SC Zone Permitted Uses and Replacing Zoning Section 508 Wind Energy Conversion Systems (WECS) as follows:

AMEND Section 202.A -Definitions #153 to read as follows:

"153. Wind Energy Conversion System (WECS): Mechanisms and related facilities designed or operated for the purpose of converting wind energy to electrical and/or mechanical power. (See Section 508)

Amend Section 306 (RA Zone) D Permitted uses by replacing "Residential WECS and Public WECS (Section 508)" with "WECS subject to 508" and amend 306 (RA Zone) E "Uses Allowed by Special Permit" to add: "WECS subject to Section 508"

Amend Section 307 (RB Zone) D Permitted uses by replacing "Residential WECS and Public WECS (Section 508)" with "WECS subject to 508" and amend 307 (RB Zone) E "Uses Allowed by Special Permit" to add: "WECS subject to Section 508"

Amend Section 308 (RC Zone) D Permitted uses by replacing "Residential WECS and Public WECS (Section 508)" with "WECS subject to 508" and amend 308 (RC Zone) E "Uses Allowed by Special Permit" to add: "WECS subject to Section 508"

Amend Section 309 (RC/M Zone) D Permitted uses by replacing "Residential WECS and Public WECS (Section 508)" with "WECS subject to 508" and amend 309 (RC/M Zone) E "Uses Allowed by Special Permit" to add: "WECS subject to Section 508"

Amend Section 310 (M Zone) D Permitted uses by replacing "Residential WECS and Public WECS (Section 508)" with "WECS subject to 508" and amend 310 (M Zone) E "Uses Allowed by Special Permit" to add: "WECS subject to Section 508"

Amend Section 311 (OHC Zone) D Permitted uses by replacing "Residential WECS and Public WECS (Section 508)" with "WECS subject to 508" and amend 311 (OHC Zone) E "Uses Allowed by Special Permit" to add: "WECS subject to Section 508"

Amend Section 312 (NHC Zone) D Permitted uses by replacing "Residential WECS and Public WECS (Section 508)" with "WECS subject to 508" and amend 312 (NHC Zone) E "Uses Allowed by Special Permit" to add: "WECS subject to Section 508"

Amend Section 313 (SC Zone) D Permitted uses by replacing "Residential WECS and Public WECS (Section 508)" with "WECS subject to 508" and amend 313 (SC Zone) E "Uses Allowed by Special Permit" to add: "WECS subject to Section 508"

REPLACE existing Section 508 Wind Energy Conversion Systems with the following:

Section 508 -Wind Energy Conversion Systems (WECS)

1. -Purpose: The purpose of this ordinance is to provide for the development and use of wind power as an alternative energy source while protecting scenic values, protecting public safety, controlling noise levels, preventing electromagnetic interference, and interfacing effectively with the Island's electric utility.

2 -Jurisdiction: WECS are allowed as a permitted use, or by special use permit, as provided herein.

3. -Location Standards:

a. -If the closest property line to the proposed WECS is within 225 feet, as measured from the central base of the proposed WECS, one or more small WECS is permitted on the lot with a height from the ground level to the center of the blade(s) of no more than 30 feet each and with a blade diameter(s) not exceeding 9 feet each. The total rated generating power of the system(s) may not to exceed 1 kW as per manufacturer's specifications.

b. -If the closest property line to the proposed WECS is more than 225 feet, as measured from the central base of the proposed WECS, a WECS is permitted on the lot with a height from the ground level to the center of the blade of no more than 45 feet and with a blade diameter not exceeding 15 feet. The total rated generating power of the system may not exceed 3 kW as per manufacturer's specifications.

c. -If the closest property line to the proposed WECS is more than 300 feet, as measured from the central base of the proposed WECS, a WECS is permitted on the lot with a height from the ground level to the center of the blade of no more than 62 feet each and with a blade diameter not exceeding 25 feet each. The total rated generating power of the system may not exceed 10 kW as per manufacturer's specifications.

4. -General Standards.

a. -The applicant shall employ all reasonable means, including landscaping and alternative locations, to minimize the visual impact of all WECS components. All components of the WECS and its support structure shall be painted in plain muted colors (i.e. light gray-blue) without any graphics or other decoration.

b. -The minimum tower setback from any abutting property line, or off-site above ground utility line, shall be a distance equal to the height of the tower from its base to the tip of a blade in the uppermost position, plus five (5) feet, or the setback required by the spatial standards of the Zone, whichever is greater.

c. -The minimum distance from any guy wire to any property line shall be fifteen (15) feet.

d. -If an application for a single proposed WECS includes a notarized letter, in a form acceptable to the Building Official, from any abutting property owner (all owners of a property must sign the letter) that abutting property may be included for the purpose of determining compliance with the Location Standards as well as the tower and guy wire setbacks and other standards for the siting of a WECS.

e. -Where two or more abutting property owners propose to share one WECS, all of the property owners must sign the application and all of those properties may be included for the purpose of determining compliance with the Location Standards as well as the tower and guy wire setbacks and other standards for the siting of a WECS.

f. -The levels of noise generated by any WECS, measured at any property line, shall not exceed 6dba above ambient noise levels and may not exceed the noise levels allowed under the New Shoreham Noise Ordinance. If base recordings done as referenced below exceed Town levels, the noise level is not to exceed 6dBA above said base readings.

g. -The tower, or other supporting structure, shall be made inaccessible to unauthorized personnel.

h. -No WECS installation shall cause electromagnetic interference.

5. -Procedures: The following procedures shall be followed in any application for a WECS.

a. -Application for a WECS installation shall be made to the Building Official on a form to be provided to the applicant by the Building Official.

b. -The Application shall be prepared by a person or firm experienced in WECS installation, qualified to explain the installation, maintenance, safety and performance of the proposed WECS , including data with regard to noise levels and electromagnetic interference and provisions for year-round maintenance.

c. -In addition to any other information the Building Official may require with an Application, every application will include:

1. -Structural design and installation drawings stamped by a registered professional engineer;

2. -Manufacturer's documentation demonstrating compliance with the noise and electromagnetic interference requirements of this Ordinance;

3. -A site plan indicating the location of the proposed WECS, distances to all property lines, existing and proposed structures, above ground utility lines and any other significant features or appurtenances;

a. -For any application, the Building Official may require that the site plan be prepared and stamped by a registered land surveyor or civil engineer if the distances are close to the ordinance limits, difficult to verify or for other reasons the Building Official may determine that it is necessary.

4. -Measurements of ambient noise at the property lines, prior to any WECS installation proposed that will exceed 3kw of generating power. Said measurements shall include the date, time of day, weather and wind conditions present when taken.

d. -After the WECS has been approved and installed, measurements will be performed by the Building Official of ambient and operating decibel levels at abutters' property lines to insure compliance with the provisions of the ordinance which are to be maintained in the file for future reference. Said measurements shall be taken under the same conditions as were present when (5)(c)(4) were recorded.

e. -Upon a complaint of excessive noise, ambient and operating decibel measurements shall be taken by the Building Official at the complainant's property line.

f. -If the noise levels allowed under the ordinance are exceeded, the Building Official shall cite the owner. The violation shall be deemed to be a public nuisance and must be corrected within ninety (90) days from the date of notification. If the noise violation cannot be remedied the WECS shall be removed or relocated or shall remain inactive until the noise violation can be remedied.

g. -The Building Official may direct the owner of any WECS to remove the installation, including all appurtenances thereto, it the facility is not fully maintained, endangers neighboring property, or if it is abandoned. A WECS will be deemed to have been abandoned if it fails to generate power for one (1) year or more.

6. -Special Use Permit

a. -The Zoning Board of Review may grant a Special Use Permit for the installation of a WECS which cannot meet the regulations and standards of this section.

b. -In order to obtain a Special Use Permit, the applicant must demonstrate to the Zoning Board's satisfaction, compliance with the General Standards for Special Use Permits.

c. -The standards for noise and electromagnetic will be met by the proposal;

d. -Any adverse effects of the proposal are outweighed by countervailing public benefits, after considering the following:

1. -Acoustic impacts on other properties, given a wind turbine having the noise characteristics specified in the ordinance, and having considered the following:

a. -The wind exposure of the site;

b. -The proximity of the turbine to existing or potential sensitive noise receptors off-site;

c. -The acoustic buffering provided by intervening topography or buildings, and acoustic masking from trees or other elements that, like wind turbines, generate substantially increased noise under increased wind conditions;

d. -Potential interference with positive elements of the sonic environment, such as that from coastal wave action.

e. -Impacts on the visual environment as seen from other properties and from public roads, having considered the following.

1. -Visual prominence of the facility in light of its relationship to such things as topographic crests, sight lines from heavily traveled roads, or visually absorptive background landscape.

2. -The extent and nature of locations from which the facility would intrude into otherwise scenic views.

3. -Visual relationship to nearby elements that might provide visual impact buffering, or with which visual incongruity might be a likely result.

f. -Contribution of the facility to reducing Island energy dependence on fossil fuels, either through the quantity of energy produced or through testing an approach, providing and exemplar, or being one element in a larger energy program.

7. -Additional Provision for Commercial and Large Scale WECS:

The Town Council may establish a floating zone for Commercial WECS and designate specific sites as suitable for large-scale WECS or groups of WECS ("windfarms"), privately, collectively, cooperatively, or publicly owned where, for example, there is the opportunity to contain utility rates, reduce the use of non-renewable fossil fuels and/or improve other public services, such as water supply.

The proposed ordinance to be discussed at the Public Meeting may be altered or amended prior to the close of the Public Hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. Any alteration or amendment must be presented for comment in the course of the hearing.

Before acting on the foregoing, the New Shoreham Town Council will hold a Public Hearing on Wednesday, May 23, 2001 at 7:30 p.m. at the Block Island School, High Street, at which time all persons for or against may be heard.

Attest: Fiona Fitzpatrick, CMC

Town Clerk

Posted: May 2, 2001

Hearing: May 23, 2001 #18-TNP13

#24456