Coventry City Zoning Code
ARTICLE XXI
Special Regulations - Solar Power Generators
§ 255-2100 Purpose.
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.
§ 255-2110 Definitions.
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.
§ 255-2120 General requirements.
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.
All electrical components used in a solar installation shall be UL-listed or equivalent.
B.
A building permit shall be required for all solar installations to review and approve the system's components, layout and design.
C.
All solar installations shall be installed by a licensed electrician in compliance with all local and state building and electrical codes.
D.
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.
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.
All properties on which solar installations are located shall be accessible by emergency vehicles.
G.
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.
Solar installations shall be cleaned and maintained using only nontoxic, biodegradable substances.
§ 255-2130 Roof-mounted solar installations.
Roof-mounted solar installations are permitted in all zones subject to the following requirements:
A.
The solar installation shall not exceed the dimensions of the plane of the roof to which it is mounted.
B.
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.
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.
Solar installations mounted on pitched roofs shall be mounted flush to the roof.
E.
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.
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.
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.
§ 255-2140 Ground-mounted solar installations.
A.
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.
Medium solar installations.
(1)
A medium solar installation is a permitted use or is permitted by special use permit in all zoning districts.
(2)
Medium solar installations covering more than 20,000 square feet of area shall require minor land development approval from the Planning Commission pursuant to Coventry's Subdivision and Land Development Regulations.
(3)
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.
Major solar installations.
D.
General design standards for all ground-mounted solar installations.
(1)
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)
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)
Ground-mounted solar installations proposed on lots of record that are nonconforming by area shall require a special use permit.
(4)
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)
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)
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.
Supplemental design standards and requirements for major and medium solar installations.
(1)
Whenever development plan review is required for a major or medium solar installation, the application shall include:
(a)
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)
A diagram of all electrical components;
(c)
A description of the major system components to be used;
(d)
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)
A decommissioning plan in conformance with this chapter, including proof of financial surety for the removal of the solar installation;
(f)
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)
Proof of utility interconnection approval (required not later than preliminary plan phase);
(h)
Any memorandum of lease, easement, or utility/distribution agreements;
(i)
Proof of liability insurance;
(j)
The contact information for the project contractors;
(k)
A shading analysis;
(l)
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)
A landscape plan (where required); and,
(n)
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)
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)
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)
Medium solar installations in residential zones shall maintain a vegetated buffer of not less than 20 feet.
(b)
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)
All access roads through the buffer shall be angled or curved to obstruct views of the solar installation.
(d)
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)
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)
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)
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)
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)
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)
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)
Physical removal of all systems, structures, equipment, wiring and security from the site both above and below ground.
(b)
All removed components shall be recycled whenever feasible.
(c)
Disposal of all solid and hazardous waste in accordance with local, state and federal waste disposal regulations; and
(d)
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)
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)
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)
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)
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.
§ 255-2150 Construction and application.
The requirements and standards set forth in this article are in addition to the requirements of this chapter except where stated.