[Amended 7-24-2017 by Ord. No. 03-17-315]
The purpose of this article is to establish protocols for the
construction and operation of solar installations in the Town of Coventry,
subject to reasonable conditions that will protect the public health,
safety, and welfare and meet the goals set forth in the Comprehensive
Community Plan.
Except as otherwise stated herein, the following definitions
shall apply to all solar installations in the Town of Coventry.
The total ground surface area occupied by a solar installation's
solar energy collection components (i.e., solar panels), including
any spaces between that equipment. Where a security fence is required,
the area will be construed to be the area enclosed by the security
fence.
A solar installation that is structurally mounted to the
ground and is not roof-mounted; may be of any size (minor, medium
or major).
A ground-mounted solar installation designed primarily to
generate and sell electricity to a utility company for resale to consumers
that occupies an area of 40,000 square feet or more.
A ground-mounted solar installation that occupies an area
of more than 1,750 square feet but less than 40,000 square feet.
A ground-mounted solar installation designed to primarily
service the property on which it is located and that occupies an area
of 1,750 square feet or less.
A solar installation that is structurally mounted to, or
structurally ballasted on, the roof of a building or structure, including
solar shingles.
The area around a solar installation that is required to
be free of structures and vegetation in order to insure that the area
receives direct, unobstructed sunlight without shading.
A device, system or other structural feature designed, in
whole or in part, to collect, convert, store or distribute solar radiation
as electrical, chemical, mechanical or thermal energy. A solar installation
shall include any structural support, framework, scaffolding, footings,
foundations or other systems used to mount components to the ground
or to another structure and any ancillary wiring, transformers, inverters
or other equipment associated with the collection or distribution
of energy generated by the installation.
Unless otherwise specified herein, the following general requirements apply to all solar installations located in the Town of Coventry except that land owned by the municipality shall be exempt from the requirements of the provisions of this Article XXI:
A.Â
All electrical components used in a solar installation shall
be UL-listed or equivalent.
B.Â
A building permit shall be required for all solar installations
to review and approve the system's components, layout and design.
C.Â
All solar installations shall be installed by a licensed electrician
in compliance with all local and state building and electrical codes.
D.Â
Any memorandum of lease, easement, or utility agreement associated
with a solar installation shall be submitted to the Coventry Planning
Department for review and recorded in the Land Evidence Records in
the Town of Coventry upon approval.
E.Â
Solar installations proposed within any historic district established
pursuant to Coventry's Historical Area Zoning Ordinance and on any
property or structure registered, or proposed for registration, on
the National Register of Historic Places shall be forwarded to the
Coventry Historic District Commission for review and approval in accordance
with applicable historic standards and guidelines.
F.Â
All properties on which solar installations are located shall
be accessible by emergency vehicles.
G.Â
All solar installations shall include a well-marked and easily
accessible emergency cut-off designed to stop power generated by the
installation from being distributed to the structure or utility connection
serviced by the installation.
H.Â
Solar installations shall be cleaned and maintained using only
nontoxic, biodegradable substances.
Roof-mounted solar installations are permitted in all zones
subject to the following requirements:
A.Â
The solar installation shall not exceed the dimensions of the
plane of the roof to which it is mounted.
B.Â
The height of roof-mounted solar installations shall be limited
in the same manner as chimneys, antennae or other roof-top mechanical
equipment and appurtenances.
C.Â
The layout of roof-mounted solar installations shall allow for
all proper clearances from other rooftop penetrations, equipment and
structures and shall allow for safe access to the roof to inspect
and maintain the roof, the solar installation components and other
roof-mounted structures or equipment. In order to maintain this accessibility,
solar installations mounted on top of an existing roof (i.e., solar
panels) shall not be located within three feet of any peak, eave or
valley of the roof. Solar installations that also serve as primary
roofing materials (i.e., solar shingles) shall conform to the manufacturer's
installation instructions.
D.Â
Solar installations mounted on pitched roofs shall be mounted
flush to the roof.
E.Â
Solar installations mounted on flat roofs may be angled to a
maximum of 30° from the plane of the roof. Where an angled installation
is visible to surrounding properties such that it significantly detracts
from the aesthetic values of the structure to which it is mounted,
the Planning Department may require the addition of reasonable architectural
screening elements to reduce the visibility of the solar installation
from neighboring properties and roads.
F.Â
The maximum size/area of roof-mounted solar installations must
be approved by the Building Official based on the dimensional and
structural limitations of the roof to which it is attached.
G.Â
The Building Official may require a structural analysis of the
roof prepared by a registered professional engineer to establish that
the roof is able to support the additional weight of the solar installation
and that the mounting system/structure will adequately anchor the
solar installation to the roof.
A.Â
Minor solar installations. Minor solar installations are permitted in all zones as an accessory use. Minor solar installations shall comply with all dimensional requirements for accessory structures as required by Article IX of this chapter.
B.Â
Medium solar installations.
(1)Â
A medium solar installation is a permitted use or is permitted
by special use permit in all zoning districts.
(3)Â
Unless otherwise specified by this article, medium solar installations
shall meet all applicable zone requirements for accessory structures,
including but not limited to lighting, and signage.
C.Â
Major solar installations.
D.Â
General design standards for all ground-mounted solar installations.
(1)Â
Ground-mounted solar installations shall not exceed 12 feet
in height as measured from the original grade of the ground surface
to the highest point of the solar installation, including the top
of any support structure or panel. The Planning Commission may allow
heights exceeding 12 feet in nonresidential zones for solar parking
lot canopies.
(2)Â
No removal of topsoil or unnecessary grading/disturbance of
the ground is permitted as part of the installation or maintenance
of a ground-mounted solar installation. Any topsoil that must be moved
shall be stored and stabilized on-site for future use.
(3)Â
Ground-mounted solar installations proposed on lots of record
that are nonconforming by area shall require a special use permit.
(4)Â
To the maximum extent practicable, all ground-mounted solar
installations shall be located so as to take advantage of existing
cleared land. Clearing of forest or woodland shall be avoided to the
greatest extent practicable.
(5)Â
To the maximum extent practicable, all cleared areas below and
surrounding a ground-mounted solar installation shall be maintained
in a vegetated state to stabilize soils and prevent erosion.
(6)Â
To the maximum extent practicable, all electrical connection
and distribution lines shall be located entirely within the structure
of the solar installation, underground, or within the structure to
which the installation is supplying energy. Electrical equipment between
the installation and the utility connection may be above-ground if
required by the utility.
E.Â
Supplemental design standards and requirements for major and
medium solar installations.
(1)Â
Whenever development plan review is required for a major or
medium solar installation, the application shall include:
(a)Â
The proposed site layout detailing any landscape
changes, including but not limited to any clearing of trees or forest
that has occurred during the 24 months prior to application;
(b)Â
A diagram of all electrical components;
(c)Â
A description of the major system components to
be used;
(d)Â
An operation and maintenance plan including measures
for maintaining safe access to the installation, stormwater controls,
as well as general procedures for operational maintenance of the installation;
(e)Â
A decommissioning plan in conformance with this
chapter, including proof of financial surety for the removal of the
solar installation;
(f)Â
Proof that the appropriate utility company authority
has been notified of the applicant's intent to construct a solar distributed
generation facility and to submit an interconnection application (required
with initial submission at preapplication or master plan phase);
(g)Â
Proof of utility interconnection approval (required
not later than preliminary plan phase);
(h)Â
Any memorandum of lease, easement, or utility/distribution
agreements;
(i)Â
Proof of liability insurance;
(j)Â
The contact information for the project contractors;
(k)Â
A shading analysis;
(l)Â
A viewscape analysis demonstrating that the reasonable
steps have been taken in the siting of the proposed solar installation
to reduce negative impacts on rural and forested viewscapes;
(m)Â
A landscape plan (where required); and,
(n)Â
Additional documents may be required by the Planning
Commission. The Planning Commission may waive requirements of the
land development review process upon written request of the applicant
at preapplication.
(2)Â
Setbacks and coverage. All medium and major solar installations
shall maintain the property line setbacks for nurseries or greenhouses
as set forth in dimensional regulations (§ 255-610 of this
chapter). Maximum lot coverage shall be 15%.
(3)Â
Buffers. All medium and major solar installations shall maintain
a vegetated buffer between the installation and all property boundaries
to screen the solar installation from view from abutting properties
and roads. Buffers may be incorporated into the required setback area.
(a)Â
Medium solar installations in residential zones
shall maintain a vegetated buffer of not less than 20 feet.
(b)Â
Major solar installations in residential zones
shall maintain a vegetated buffer of not less than 40 feet. A buffer
plan prepared by a registered landscape architect and incorporating
native species from the Rhode Island Native Plant Database shall be
submitted as part of the project's application for major land development.
(c)Â
All access roads through the buffer shall be angled
or curved to obstruct views of the solar installation.
(d)Â
Existing vegetation shall be supplemented with
additional native species where necessary to insure that the buffer
adequately screens the solar installation from view beyond the property
boundaries on a year-round basis.
(e)Â
Medium and major solar installations in industrial,
commercial and business zones may request permission from the Zoning
Board (through a special use permit) to use a reduced ten-foot hybrid
buffer that combines a vegetated buffer with solid or slatted security
fencing to both secure and obscure view of the panels. The ten-foot
hybrid buffer shall be extended to 20 feet where the solar installation
abuts a residential zone.
(4)Â
Security. A fence shall surround the perimeter of a major or
medium ground-mounted solar installation of no less than seven and
no more than 10 feet in height.
(5)Â
Emergency services. The owner or operator shall provide a copy
of the project summary, electrical schematic and site plan to the
local fire chief. Upon request, the owner or operator shall cooperate
with the local emergency services in developing an emergency response
plan. Upon request, the owner or operator shall cooperate with the
local emergency services to conduct basic on-site safety and operational
training. The owner or operator shall identify a responsible person
for public inquiries throughout the life of the solar installation.
(6)Â
Signage. No signs are allowed on the security perimeter fencing
except for a sign displaying the installation name, address and emergency
contact information, and trespassing/warning/danger signs to ensure
the safety of individuals who may come in contact with the installation.
No sign shall exceed four square feet in area. Externally lit signs
must be orientated such that the light is directed away from any adjacent
properties and traffic arteries.
(7)Â
Lighting. Lighting of solar installations shall be consistent
with local, state and federal law and shall be limited to that required
for safety and operational purposes. Light fixtures shall either be
approved by the International Dark-Sky Association (IDA) or meet the
criteria for such approval and shall be both fully shielded and full
cut-off. All lighting fixtures shall be shielded so as to prevent
light from being directed onto neighboring properties.
(8)Â
Removal of solar installations. The property owner and the owner/operators
of the solar installation shall be jointly and severally responsible
for removing all obsolete, abandoned or unused equipment within 12
months after a solar installation has ceased operations. Removal shall
include:
(a)Â
Physical removal of all systems, structures, equipment,
wiring and security from the site both above and below ground.
(b)Â
All removed components shall be recycled whenever
feasible.
(c)Â
Disposal of all solid and hazardous waste in accordance
with local, state and federal waste disposal regulations; and
(d)Â
Stabilization or revegetation of the site as necessary
to minimize erosion. The Town may allow the owner or operator to leave
landscaping or designated below grade foundations in order to minimize
erosion and disruption to vegetation.
(9)Â
Decommissioning. Unless otherwise approved in writing by the
Planning Commission, all major and medium solar installations shall
be removed in accordance with their approved decommissioning plan.
Prior to beginning decommissioning operations, the owner or operator
shall notify the Building Official by certified mail of the proposed
dates for discontinuing operation of the installation and commencing
removal activities, and the anticipated date for completing the decommissioning.
(10)Â
Abandonment. Absent prior written approval from
the Planning Commission extending the time for removal of a solar
installation for extenuating circumstances, a solar installation shall
be considered abandoned when it has been nonoperational for more than
one year. If an owner or operator fails to remove a solar installation
within 150 days of abandonment, the Town may take unilateral action
to remove the solar installation without further notice at the owner's
or operator's expense.
(11)Â
Financial security. Applicants shall provide a
form of surety, either through escrow account, bond or otherwise,
to cover the cost of removal in the event the Town must remove the
installation and restore the landscape. The amount and form of said
surety shall be determined by the Planning Commission with review
and input by the Town Engineer, Town Finance Director and Town Solicitor
and such other Town officials as deemed necessary. As part of any
lease agreements, the applicant shall submit a fully inclusive estimate
of the costs associated with removal. The surety amount established
by the Planning Commission shall include a mechanism for calculating
increased removal costs due to inflation and any expected salvage
or resale value. Such surety will not be required for municipally
or state-owned installations.
(12)Â
Modifications. All material modifications to a
solar installation made after issuance of the required building permit
shall require approval by the Planning Department. Any addition to
the size of the area will require a new application.
The requirements and standards set forth in this article are
in addition to the requirements of this chapter except where stated.