Coventry City Zoning Code
ARTICLE XX
Special Regulations for Wind Energy Facilities
§ 255-2000 Wind energy facilities.
The purpose of this article is to establish protocols for the construction and operation of wind-powered electrical generating stations in the Town of Coventry, subject to reasonable conditions that will protect the public health, safety, and welfare.
§ 255-2010 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Is the legal entity, including successors and assigns that files an application under this article.
Includes those elements or components of a wind-powered electrical generating station other than the tower, nacelle, and blades that are necessary to the proper operation and maintenance of the wind turbine, including but not limited to buildings, access roads and substations.
Wind turbines and electrical lines that are immediately associated with wind turbines.
Any site, structure, district or archaeological site which has been officially included on the National Register of Historic Places, or which is established by qualified testimony as being of historic significance.
The Zoning Board of Review.
The frame and housing at the top of the tower that encloses the gearbox and generator.
Any landowner other than a participating landowner whose land is located within the Town of Coventry or in an adjoining municipality adjacent to the proposed wind energy facility site.
A residence, school, hospital, house of worship, public library or other building that is occupied or in use as a primary residence or is customarily frequented by the public at the time when the permit application is submitted.
One or more persons that hold title in fee or a leasehold interest with sublease rights to property on which Generating Facilities or Associated Facilities are proposed to be located pursuant to an agreement with the Applicant or an entity that has entered into an appropriate agreement with the Applicant allowing the Applicant to demonstrate the requisite right, title, and interest in such property.
An individual, corporation, partnership, firm, organization or other legal entity.
A building or structure, including manufactured housing, maintained for permanent or seasonal residential occupancy providing living, cooking and sleeping facilities and having permanent indoor or outdoor sanitary facilities, excluding recreational vehicles, tents, and watercraft.
Alternating changes in light intensity caused by the movement of wind turbine blades casting shadows on the ground or a stationary object.
A profile drawing showing prominent features, including but not limited to topography, buildings, and trees, along and in relation to a line of sight extending from an observer's eye to the lowest point visible on a proposed tower.
A wind energy facility that is no more than 36 feet tall and that generates no more than 100 kw of electricity and where said electricity is used exclusively for the power needs of the individual homeowner who is also the applicant. Small-unit turbine applications shall be exempt from the requirements of this article; however, small-unit turbines must apply for and satisfy all conditions of a special use permit obtained from the Zoning Board of Review and may not produce more than 40 dB of noise during the day (as measured from 6:00 a.m. to 6:00 p.m.) and no more than 35 dB of noise during the evening (as measured from 6:00 p.m. to 6:00 a.m.). Small-unit turbines that exceed 36 feet in height shall be evaluated at the preapplication meeting with consultation from the Zoning Board of Review. Depending on how significant the requested variance is, the Zoning Board of Review may require the applicant to meet the conditions of this article. An application for a small-unit turbine shall comply with the three-hundred-radius notification area, unless an additional notification area is required by the Zoning Board of Review.
That construction shall be considered to be substantially commenced when any work beyond excavation, including, but not limited to, the pouring of slab or footings, the installation of piles, the construction of columns, or the placement of a Town on a foundation has begun.
The freestanding structure on which a wind measuring or energy conversion system is mounted.
The distance measured from the finished grade surrounding the tower to the highest point of any turbine rotor blade measured at the highest arc of the blade.
A facility that uses one or more wind turbines to convert wind energy to electrical energy. A wind energy facility includes generating facilities and associated facilities.
A system for the conversion of wind energy into electricity which is comprised of a tower, generator, nacelle, rotor and transformer.
§ 255-2020 Applicability.
A.
This article applies to any wind energy facility proposed for construction in the Town of Coventry after the effective date of this article.
B.
A wind energy facility that is the subject of an application determined to be substantially complete by the Zoning Board of Review prior to the effective date of this article shall not be required to meet the requirements of this article.
C.
This article shall not apply to small-unit turbines, except to require the applicant requesting a small-unit turbine to apply for a special use permit for said small-unit turbine from the Zoning Board of Review. The small-unit turbine must also meet the definition and standards of such as set forth herein.
§ 255-2030 Conflict and severability.
A.
If there is a conflict between provisions in this article and any other applicable state or local ordinance, the more stringent provision shall apply. If there is a conflict between a provision of this article and that or another provision of the Zoning or Subdivision Ordinance, the provision of this article shall apply.
B.
The invalidity of any part of this article shall not invalidate any other part of this article provision.
§ 255-2040 Administration.
A.
Review and approval authority. The Zoning Board of Review is authorized to review all applications for wind energy facilities and may approve, deny, or approve such applications with conditions in accordance with this article.
B.
Permit required. No wind energy facility shall be constructed, located, nor an existing wind energy facility be modified, within the Town of Coventry, without a permit issued in accordance with this article, nor shall any wind turbine be permitted where a historic structure is located in the proposed fall zone.
C.
Permit applications; fees.
(1)
A wind energy facility permit application shall consist of the application form, application fee, and supporting documents, as described below. The municipality shall provide the application form which shall be signed by: 1) a person with right, title and interest in the subject property; and 2) the builder/developer of the wind energy facility. The signatures shall be dated and the signatory shall certify that the information in the application is complete and correct and that the proposed facility will be constructed and operated in accordance with the standards of this article and all approval and permit conditions, if any.
(2)
The application fee shall be $500, which represents the cost reviewing the application by the Zoning Official and the cost of advertising of the application. All application fees shall be assessed and paid upon submission of the application.
(3)
The application shall include all additional documents necessary to satisfy the applicable submission requirements under § 255-2050 of this article.
(4)
The applicant shall submit its application for a wind energy facility permit to the Zoning Official who shall note on the application the date on which it was received. The applicant shall promptly notify the Zoning Official and the Zoning Board of Review of any changes the applicant proposes to make to information contained in the application. All changes shall require proper notification, including a renewed public hearing.
(5)
Within 10 days after receiving an application, the applicant shall be notified of a preapplication meeting, involving the Zoning Official, the Chairman of the Zoning Board of Review or his/her designee, and the Town Solicitor. The purpose of the preapplication meeting is to explain the article's provisions, application forms, and submission requirements. The preapplication meeting shall be had within 20 days of the receipt of an application, unless the applicant requests a preapplication meeting with the Zoning Board of Review. The applicant may request the preapplication meeting be held at a regularly scheduled meeting of the Zoning Board of Review, provided that the applicant submits the request in the regular manner proscribed for Zoning Board of Review agenda postings, prior to the meeting. At the preapplication meeting, the applicant shall provide photos of the proposed site and written descriptions of the proposed facility and the proposed site, including its location and lot area.
(6)
Within 30 days after receipt of the application by the Zoning Official, the Zoning Board of Review shall notify the applicant in writing either that the application is complete or, if the application is incomplete, the specific additional material needed to complete the application.
D.
Professional services. In reviewing the application for compliance with this article, the Zoning Board of Review and/or the Planning Commission may retain professional services, including but not limited to those of an attorney or consultant, to verify information presented by the applicant. The attorney or consultant shall first estimate the reasonable cost of such review and the applicant shall deposit with the municipality the full estimated cost which the municipality shall place in an escrow account and reimburse the applicant if funds remain after payment.
E.
Expiration of permits. Permits issued under this article shall expire within one year after the date of approval unless a substantial start on construction has occurred.
F.
Access. The Zoning Official, or his/her designee, shall have access to the site at all times to review the progress of the work and shall have the authority to review all records and documents directly related to the design, construction and operation of the facility.
§ 255-2050 Application submission requirements.
General submission requirements.
A.
A completed application form including:
(1)
The applicant and participating landowner's name and contact information;
(2)
The address, Tax Map number, zone, and owner(s) of the proposed facility site and any contiguous parcels;
(3)
The Tax Map number, zone, current use, owner(s) and addresses of owner(s) of parcels that abut the proposed facility site or abut parcels of participating landowners that are contiguous with the proposed facility site;
(4)
An affirmation signed and dated by the applicant, that the information provided in the application is correct and that the proposed wind energy facility, if approved and built, shall be constructed and operated in accordance with the standards of this article and all conditions of approval, if any;
(5)
All submissions required under this section shall be signed and stamped by the appropriate licensed professional who prepared the submission.
B.
Receipt showing payment of application fee.
C.
A copy of a deed, easement, purchase option or other comparable documentation demonstrating that the applicant has right, title or interest in the proposed facility site.
D.
Location map showing the boundaries of the proposed facility site and all contiguous property under total or partial control of the applicant or participating landowner(s) and all property within 2,500 feet of the proposed development, and showing all historic sites within said boundaries.
E.
Description of the proposed wind energy facility that includes the number and aggregate generating capacity of all wind turbines, the turbine height and manufacturer's specifications for each wind turbine (including but not limited to the make, model, maximum generating capacity, sound emission levels and types of overspeed controls) and a description of associated facilities. Certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, or other similar certifying organizations.
F.
Site plan showing the proposed location of each wind turbine and associated facilities and all the following features located within 500 feet of the fall zone, whichever is larger, of any wind turbine: parcel boundaries, required setbacks, topographic contour lines (maximum ten-foot interval), roads, rights-of-way, overhead utility lines and connections, buildings (identified by use), land cover, wetlands, streams, water bodies, areas proposed to be regraded or cleared of vegetation, the location and average height of tree cover to be retained and the location, variety, planting height and mature height of proposed trees, if any. The plan shall also include the location of any other wind energy facilities within a five-mile radius.
G.
Written evidence that all applicable state and federal regulatory authorities have been notified of the pending application and the location and turbine height of all proposed wind turbines.
H.
Written evidence that the provider of electrical service to the property has been notified of the intent to connect an electric generator to the electricity grid, if such connection is proposed.
I.
Complete description of emergency and normal shutdown procedures.
J.
Photographs of existing conditions at the site. Site line representations of each wind turbine from the nearest occupied building and from abutting properties located within 500 feet of the wind turbine shall be provided. Each site line representation shall be drawn at a scale sufficiently large to make it legible. If screening is proposed, the proposed screening device, such as trees, shrubs or fencing, shall be depicted on the drawing along with the sight line as altered by the screening. Current color photographs of the proposed site of the wind turbine(s) taken from viewpoints corresponding to each of the sight line representations shall also be submitted.
K.
The application shall also include structural drawings of the tower foundation and anchoring system: a) prepared by the wind turbine or tower manufacturer; b) prepared in accordance with the manufacturer's specifications; and c) stamped by a Rhode Island-licensed professional engineer.
L.
Decommissioning plan.
M.
Written summary of operation and maintenance procedures for the wind energy facility and a maintenance plan for access roads, erosion and sedimentation controls and stormwater management facilities.
N.
Sound level analysis and shadow flicker analysis prepared by a qualified engineer(s), which satisfy the standards of this article. Any other relevant studies, reports, certifications and approvals as may be reasonably requested by the Zoning Board of Review to ensure compliance with this article.
O.
Documentation verifying that there will be no interference with neighboring radio, TV, satellite, or other signal communications.
§ 255-2060 General standards.
A.
Fall zone. The minimum fall zone shall be 200% of the height of the tower, plus one rotor length, or the manufacturer's recommendation, whichever is greater. The minimum fall zone and safety setback shall be contained within the applicant's property and/or property under control of applicant which is dedicated to the exclusive use of a fall zone by easement or other property interest which said property interest has a duration of least 20 years after the installation of the turbine. Easements and other instruments evidencing property interests are subject to the approval of the Town Solicitor.
B.
Noise and sound level. Noise levels shall not exceed a five dB increase over the ambient levels at the applicant's property boundary lines. The ambient sound shall be determined with preapplication acoustical testing of said sound levels at the property boundary lines, said testing to account for day and evening levels. If additional turbines are proposed on the same property in the future, the previously installed turbine noise levels shall not be included to raise the background and ambient noise levels for the new turbine evaluation. Said testing shall be at the applicant's expense pursuant to § 255-2040D of this article.
C.
Shadow flicker. During the time of shadow flicker, the wind energy facility shall be shut down so as to eliminate any shadow flicker issues. The presence of shadow flicker effect shall be measured at the property boundary lines and at locations within 2,500 feet of the wind energy facility. Wind energy facilities shall be sited in a manner that minimizes shadowing or flicker impacts. The applicant has the burden of proving that this effect will not have significant adverse impact on neighboring or adjacent uses.
D.
Overspeed controls, brakes, ice detection. All wind turbines shall be equipped with an overspeed control system, braking mechanism, and ice detection sensors (or heated blades, as the case may be). These systems shall be of the latest proven technology available.
E.
Wildlife, bird migratory patterns to remain unaffected. The wind energy facility shall not have an unreasonable adverse effect on birds, migratory patterns, rare, threatened, or endangered wildlife, significant wildlife habitat, rare, threatened, or endangered plants and rare and exemplary plant communities. In making its determination under this subsection, the Zoning Board of Review shall consider pertinent application materials and the written comments and/or recommendations, if any, of the Coventry Conservation Commission of Land Trust.
F.
Electrical components and interconnections. All electrical components of the wind energy facility shall conform to relevant and applicable local, state, and national codes, laws and regulations.
G.
Access. All ground-mounted electrical and control equipment and all access doors to a wind turbine shall be labeled and secured to prevent unauthorized access. A wind tower shall not be climbable up to a minimum of 15 feet above the ground surface.
H.
Co-location of external cellular and wireless equipment prohibited. To the extent that wind energy facility shall co-locate cellular or wireless communication equipment, said equipment shall be enclosed within the tower and not mounted externally. The applications for such uses shall be submitted as two separate and independent projects.
I.
Incorporation of latest technology in testing parameters and studies. The applicant shall incorporate the latest technology, testing parameters, and best management practices, including preapplication testing, that meet or exceed accepted industry standards into all studies and technical submissions provided in the application process to the Zoning Board of Review.
§ 255-2070 Safety setback.
Developer must provide calculations of potential hazards such as ice throw and blade throw in the event that such was to occur. These calculations shall be based on maximum governed speed of the blades releasing at the optimum angle for maximum distance. The Zoning Board of Review shall take these calculations into consideration on a case-by-case basis in determining appropriate locations for wind turbines within the community and must determine if the proposal is consistent with state guidelines.
§ 255-2080 Decommissioning and abandonment.
A.
Prior to the issuance of a permit under this article, the applicant shall deposit, in the form of cash or a cash bond, with the municipality the full estimated cost of dismantling and removal of the wind energy facility, including the cost necessary to return the property to its pre-siting condition, which the municipality shall place in an escrow account. A wind energy facility that is not generating electricity for 12 consecutive months shall be deemed discontinued. In the event the facility has not generated electricity for a period of 12 months, the zoning official shall notify the owner or operator of the turbine that the turbine has been deemed abandoned. The owner/operator may then file an appeal of the zoning officer's decision to the Zoning Board and/or may request an extension of the period within which the facility must be dismantled. The filing of said appeal shall serve as a stay of the requirement to dismantle. The facility shall be removed from the property by the applicant/owner within 120 days of receipt of notice from the Zoning Official unless an appeal has been filed. If, however, the wind energy facility is not removed within this time period, the municipality may remove the turbine at the applicant's expense, using the escrowed funds. These funds shall be used to pay all site reclamation costs deemed necessary and reasonable to return the site to it preconstruction condition, including the removal of roads and reestablishment of vegetation. If funds remain after the necessary expenditures, the municipality shall reimburse the applicant.
B.
The amount of said decommissioning fund shall be calculated by an independent firm selected by the Town. The cost of this calculation shall be borne by the applicant. In the calculation of the decommissioning costs, a deduction of the overall cost shall not be reduced as a result of anticipated scrap metal recovery due to the volatility of the market.
§ 255-2090 Special standards for wind energy facilities.
A.
Use of public roads.
(1)
The applicant shall identify all state and local public roads to be used within the Town of Coventry to transport equipment and parts for construction, operation or maintenance of the wind energy facility.
(2)
The Town Engineer, or a qualified third-party engineer reasonably acceptable to both the Zoning Board of Review and the applicant and paid for by the applicant pursuant to § 255-2040D of this article, shall document road conditions prior to construction. The Town Engineer or third-party engineer shall document road conditions again 30 days after construction is complete or as weather permits. Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense.
B.
Local emergency services.
(1)
The applicant shall provide a copy of the project summary and site plan to the fire department(s) in the geographic area where the wind energy facility is located. The applicant, upon request, shall cooperate with emergency service providers to develop and coordinate implementation of an emergency response plan for the wind energy facility.
(2)
A wind turbine shall be equipped with an appropriate fire suppression system to address fires within the nacelle portion of the turbine or shall otherwise address the issue of fire safety to the satisfaction of the Zoning Board of Review.
(3)
The applicant shall submit an emergency plan for all contingencies (fire, medical emergency, and the like) that incorporates coordination and consultation with the fire department(s) in the geographic area where the wind energy facility is located.
(4)
The applicant shall at its cost provide training, including the response to and handling of emergencies, for all contractors and construction crew(s) working on the construction of the wind energy facility. It is the applicant's responsibility to coordinate with the fire department(s) in geographic area where the wind energy facility is located to ensure adequate specialized emergency training is in place to deal with and respond effectively to wind energy facility emergencies and shall submit proof of the same to the Zoning Board of Review.
C.
Proper marketability study required. The applicant shall provide a study addressing the marketability of non-participating landowner property values pre- and post-siting of the wind energy facility. The extent of the neighboring area to be included in the study shall be determined in the preapplication meeting in consultation with the Zoning Board of Review.
D.
Notification area. The notification area shall be determined at the preapplication meeting and shall be based on the size and scope of the project. The notification area shall be determined at the preapplication meeting in consultation with the Zoning Board of Review, which shall consider the dimensions specific proposal; the zone within which the proposed siting is located; and the characteristics of the neighborhood within which the proposed siting is located; and, consideration of the general impact of the proposed siting on the neighborhood, but in no event shall the notification area for those abutters entitled to notice be less than 1,500 feet from the subject property line.
E.
Taxation provision. To the extent authorized by law, the Town Council shall set a tax rate for the electricity generated by wind energy facilities located within the Town of Coventry, where permissible. Small-unit turbines shall be exempt from this requirement. Nothing in this article shall prohibit or limit the Town Council's right to enter into any host or pilot agreement with the owner and/or developer of the project.
F.
Onsite inspections. Onsite inspection by a Rhode Island-licensed architect and/or engineer for as-built features shall be conducted on the developer's behalf.
§ 255-20100 Plan Commission approvals.
Application. The Applicant shall submit its application to the Planning Commission for commercial site plan review as set forth in Article XVI and, in accordance with R.I.G.L. § 45-24-49, such review shall be advisory in the case of special use permits. Upon receiving Planning Commission advisory, the same shall be submitted to and/or referred back to the Zoning Board of Review for further action on the application. At the time of submission of the application, the applicant shall simultaneously file the application with all supporting documents to the Planning Commission.
§ 255-20110 Liability insurance.
The applicant or an applicant's designee acceptable to the Zoning Board of Review shall maintain a current general liability policy during the construction phase of the wind energy facility that covers bodily injury and property damage with minimum limits of $2,000,000 per incident/per occurrence. The applicant shall provide the Zoning Board of Review with proof of such insurance. Upon the completion of the construction and the issuance of a certificate of occupancy, the applicant or operator of the wind energy facility shall file and maintain with the Zoning Board of Review or its designee a current general liability policy that covers bodily injury and property damage with minimum limits of $2,000,000 per incident/per occurrence. Certificates of insurance shall be made available to the Zoning Board of Review or the Zoning Official upon request.
§ 255-20120 Improvement guarantees.
A.
Definition and purpose.
(1)
An "improvement guarantee" is a security instrument accepted by the Town to ensure all improvements, facilities, or work required by this article or as a condition of approval of a wind facility will be completed in compliance with the approved plans and specifications.
(2)
Improvement guarantees shall be provided to ensure the proper installation and maintenance of required street, utility and other physical improvements and maintenance of other physical improvements and to ensure compliance with other nonstructural conditions of approval (if any). The nature and duration of the guarantee shall be structured to achieve this goal without adding unnecessary costs to the developer.
B.
General procedures.
(1)
Before final plan approval of any wind facility, the developer must secure the agreement of the Zoning Board to approve agreements for the completion of all required improvements. Such agreements may take the form of cash or bond.
(2)
At the preliminary plan review stage, the developer shall submit a letter requesting that security sufficient to cover the cost of required improvements be established by the Board.
(3)
If improvements are to be guaranteed, the provisions of this section shall apply.
C.
Procedures for financial guarantees.
(1)
Amount.
(a)
Improvement guarantees shall be in an amount and with all necessary conditions to secure for the Town the actual construction and complete installation of all of the required improvements, and the satisfactory completion of all conditions of final approval within the time periods required for completion provided therein.
(b)
The amount shall be based upon actual cost estimates which would be required for the Town to complete all improvements required as a condition of final approval. These estimates shall be initially prepared by the Municipal Engineer and/or the Director of Public Works and submitted to the Administrative Officer, who shall review the estimates, if requested, with the developer. If the developer disagrees with the estimated amount, he/she shall have the opportunity to submit a revised estimate along with supporting justification for the revisions.
(c)
The Technical Review Committee shall review the Municipal Engineer's and the Director of Public Works' cost amount of the improvement guarantee, or the developer's revision, and make a recommendation to the Zoning Board, which shall review and set the final amount.
(d)
The Zoning Board may set the guarantee in a reasonable amount in excess of the estimated costs in order to anticipate for increases in economic or construction conditions. However, the amount of such increase shall not exceed 120% of the estimated costs of improvements as recommended by the Technical Review Committee or as recommended by the Municipal Engineer and Director of Public Works.
(e)
At the expiration of the approval period, if all required improvements are not complete, the Zoning Board shall review the status of improvements and may implement one of the following actions:
[1]
Require the developer to extend the duration of the entire improvement guarantee;
[2]
Reduce the amount of the improvement guarantee to cover the estimated costs of remaining improvements; or
[3]
Authorize the Administrative Officer to take the steps necessary to ensure completion of the remaining work by using the improvement guarantee funds.
(f)
If at any time during the guarantee period the procedures, implementation measures, methods, materials, and/or schedules of construction are determined by the Zoning Board not to be in compliance with the approved plans, the Board may, after proper notification to the developer, authorize the use of improvement guarantee funds to insure proper compliance.
(2)
Form and amount of guarantee. The developer shall submit to the Zoning Board an improvement guarantee in the form required by the Zoning Board and based upon the recommendation of the Town Manager. Said guarantee shall be payable to the Town of Coventry.
(3)
Conditions.
(a)
Establishment of reliability. The Town Manager shall establish the reliability of the person, persons, or company furnishing the required improvement guarantee to the developer.
(b)
Binding agreement. Acceptance of the required improvement guarantee by the Zoning Board, certification by the Town Treasurer of the receipt of such guarantee(s), and the recording of such action in the minutes of the Zoning Board meeting shall constitute a binding agreement between the principal, surety, and the Town of Coventry.
(4)
Duration and release of guarantee.
(a)
Term of duration of the required improvement guarantee shall begin with the date of acceptance of such instrument of guarantee by the Zoning Board.
(b)
Expiration. The required improvement guarantee shall be condition on the faithful completion of construction and installation of required improvements to the land within a period of one year. Said guarantee shall have a minimum expiration date of one year after completion of said improvements as certified by the Municipal Engineer in coordination with the Director of Public Works and shall contain the provision that same may be released to the developer only upon the due authorization of the Coventry Town Council.
(c)
Release of guarantee. At the end of the one-year period, the developer may apply to the Town Council at a regularly scheduled meeting for the release of the improvement guarantee. This application shall be accompanied by certificates from the Director of Public Works, Municipal Engineer, the Town Surveyor, and the Zoning Board that all required improvements have been installed, constructed, and completed within the specified time limit and in accordance with the specifications contained in these regulations.
(d)
Approval of release. Certificates for release of the improvement guarantee shall be promptly executed by the Town Council upon receipt of the prescribed certificates of completion of required improvements from the Director of Public Works, Municipal Engineer, the Town Surveyor, and the Zoning Board.
(5)
Extension of time. If, due to circumstances beyond the control of the developer, the construction or required improvements to the land cannot be completed in the prescribed time, the Zoning Board may grant a one-time extension for a period not to exceed 90 days. During such time extension, the guarantees shall remain in full force.
(6)
Default.
(a)
Conditions of default.
[1]
The Town of Coventry shall hold the developer and surety in default of guarantee should the developer:
[a]
Fail to meet all specifications for construction of required improvements to the land.
[b]
Fail to properly notify the Director of Public Works and the Municipal Engineer of the beginning and completion of all phases of construction of required improvements to the land.
[c]
Fail to protect existing improvements and/or properly repair such improvements should damage occur during construction of the development.
[d]
Fail to clean debris from the site and adjacent areas upon completion of construction within the development.
[e]
Fail to complete required improvements to the land within the time prescribed.
[f]
Fail to correct improvement deficiencies evident within one year of the completion of said improvement.
[g]
Fail to correct improvement deficiencies evident within one year of the completion of said improvement.
[2]
Within the time periods of the improvement guarantee, the Zoning Board shall make any and all tests and inspections necessary to determine if any conditions of default exist. The Board shall require the developer to pay any inspection fee.
(b)
Certification of default.
[1]
Should any of the conditions cited above occur, the Municipal Engineer and agents retained by the Zoning Board shall certify in writing to the Zoning Board that the developer has not complied with the requirements of these regulations, the Municipal Engineer shall further certify the extent of noncompliance and the conditions thereof.
[2]
The Zoning Board shall submit in writing to the Town Council its concurrence with or disapproval of the determination of the Municipal Engineer.
(c)
Execution of guarantee. The Town Council shall, under the provision to Title 45, Chapter 23-46-11 of the General Laws of Rhode Island (1956 as amended), execute only that portion of the guarantee which shall be necessary to correct the deficiency for which the developer and surety are held in default.
(d)
Payment of surety. Upon notification to the surety by the Town Council that the developer has been held in default of guarantee, the surety shall promptly pay to the Town of Coventry that portion of the guarantee which shall be necessary to correct the deficiency for which the developer and surety are held in default.
(7)
Partial releases. Partial releases or reductions in the guarantee amount may also be authorized at any time prior to the expiration of final approval. A written request for release or reduction of any improvement guarantees shall be made to the Town Council, which shall act thereon upon receipt of a recommendation from the Zoning Board.
§ 255-20130 Public inquiries and complaints.
The applicant or its designee shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the wind energy facility. The applicant or its designee shall make reasonable efforts to respond to the public's inquiries and complaints and shall provide written copies of all complaints and the company's resolution or response to the Zoning Board of Review or the Zoning Official upon request.
§ 255-20140 When effective.
This article shall become effective upon passage.