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9 TOWN OF COVENTRY ORDINANCE NUMBER: ~ ~ ~ The Town Council of the Town of Coventry hereby ordains as follows: Section 1 That in accordance with Articles 5 and 18 of the Town of Coventry Zoning Ordinance and the Coventry Zoning Map referred to and incorporated therein are hereby amended to read as follows: The property designated and described as Assessor's Plat Th Lot! currently zoned Rural Residential-2 (RR-2) is hereby rezo ned in its entirety to R-20. Section 2 This amendment is conditioned upon and subject to final approval by the Planning Commission of the Plan submitted herewith (which received conditional Master Plan approval and recommendation of the zone change from RR-2 to R-20 on December 16, 2015). Section 3 Any ordinance or parts of any ordinance which are in conflict with this zoning map amendment are hereby repealed. Section 4 This ordinance shall take effect upon its adoption. e eeper of the Zoning Ordinance e adopted change o th Pro posed by Cou n ci I person :+-...,,._..:;.._-1-,, -+-~:;...:'"""" on 2016 Posted by Town Clerk: on d)-'-/,2016 Introduced at Town Council Meeting: on.,;j- 7,2016 Advertised in Kent County Daily Times on ::i-7,;j- (p 2016 Public Hearing Held: Duly Adopted: - on 3/ 'f 2016 on..3/11,2016 on 8i v :2016 on d;~ 2016

10 STATE OF RHODE ISLAND & PROVIDENCE PLANTATIONS TOWN OF COVENTRY NO WHEREAS, the Town Council has recognized that in order to allow the development of the Town's solar power resources while preserving the rural characteristics of the Town, requires the implementation of the following amendment to the Town' s Zoning Ordinance to establish a performance-based regulatory scheme for the construction and operation of solar powered electrical generating stations. WHEREAS, the Town Council has directed that the Zoning Ordinance be amended to allow for the siting of solar powered electrical generating stations within the Town, subject to reasonable restrictions, designed to preserve and maintain the public health and safety of all residents. WHEREAS, the Town Council finds that solar energy is a renewable and generally nonpolluting energy resource and that its conversion to electricity will reduce dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of certain conventional energy sources. Solar energy systems also may enhance the reliability and power quality of the power grid, reduce peak power demands and help diversify the state's energy supply portfolio. WHERAS the Town Council recognizes that the Town of Coventry Zoning Ordinance should be amended to allow for the reasonable siting of Solar Energy Facilities and that the Zoning Board of Review and the planning commission, the municipal authority best suited to consider and review the siting requirements and regulations for Solar Energy Facility applications under this Ordinance. NOW, THEREFORE, BE IT ORDAINED THAT: A. District Use Regulations Amended Article VI DISTRICT USE REGULATIONS, Section 4, "TRANSPORTATION, COMMUNICATIONS & UTILITIES" SECTION 4 ITEM 16 shall be amended to clarify ITEM 16 as follows [new/amended language underlined; deleted language 'strike through']: RR5 RR3 RR2 R20 VRC VMC GB BP I-1 I-2 Solar Power Generators-Major s s s s s N s s s s Allowed bv right on 16 (a) Installation all Municigally (b) Solar Power Generators-Minor p p p p p p p p p p owned Progerties. r nstallation Subject to additional regulations as set forth in ARTICLE 20 of the zoning ordinance. The reguirements and standards set forth in such ARTICLE shal be in addition to the reguirements of this ordinance 12ertaining to s12ecial use 12ermi ts.

11 New Section The Zoning Ordinance shall be amended to add a new Article, "Article 20. Special Regulations" as fo llows: ARTICLE 20 SPECIAL REGULATIONS [* * *] Section.1 The purpose of the Ordinance is to establish protocols for the construction and operation of Solar Powered Electrical Generating Stations in the Town of Coventry, subject to reasonable conditions that wi ll protect the public health, safety, and welfare. Section Definitions. A. Definitions: SOLAR INSTALLATION A power system used to supply power by converting sunlight into electricity by means of photovoltaics, the harnessing of solar energy to generate thermal energy, or the use of concentrated sunlight to drive a traditional steam turbine. MINOR SOLAR INSTALLATION A solar installation designed to primarily service the property on which the solar installation is located with an output of 25kW or less. MAJOR SOLAR INSTALL TION A solar installation designed primarily to sell electricity to a utility supplier, or a solar installation with an output exceeding 25kW or exceeding 20% of the net buildable area (i.e. the total area of the applicable lot, minus setbacks, vegetated buffers, and wetlands). B. MINOR SOLAR INSTALLATION A minor solar installation in permitted in all zones, provided such solar installation: 1. Shall meet all applicable zone requirements including but not limited to lighting, setbacks, signage, and height; 2. Shall require a building permit after submission and approval of layout and design. Any memorandum of lease, easement, or utility agreements must also be submitted for review, and shall be recorded in Land Evidence in the Town of Coventry upon approval; and

12 3. Shall be in compliance with the RI State Building Code and the RI State Electrical Code. C. MAJOR SOLAR INSTALLATION A major solar installation requires, in all zones, Minor Land Development approval from the Planning Board and a Special Use Permit from the Zoning Board of Review, pursuant to Rhode Island General Law If the major solar installation has an output of greater than 250k W or if it exceeds 40% of the net buildable area of the lot on which it is located, then such major solar installation shall require Major Land Development approval from the Planning Board pursuant to Coventry Subdivision and Land Development Regulations, and a where applicable, a Special Use Permit from the Zoning Board of Review (as provided in Article VI section 4) pursuant to the process set forth in Rhode Island General Law In addition, the proposed Solar Installation shall meet the following criteria and standards: 1. Design Standards- Solar installation applications shall include the proposed site layout and any landscape changes, a diagram or electrical components, a description of the major system components to be used, an operation and maintenance plan, a decommission plan, utility approval, proof of liability insurance, and the contact information for the project contractors. Additional documents may be required by the Planning Board of Review. The Planning Board may waive requirements of the Land Development review process upon written request of the applicant at Pre-Application. 2. Land Evidence- Any memorandum of lease, easement, or utility/distribution agreements shall be submitted with the installation application and shall be recorded in Land Evidence in the Town of Coventry after Planning Board and Zoning Board of Review approvals. 3. Setbacks and Height- The installation must meet all height and minimum front, side, and rear yard requirements in the applicable zone, and must additionally maintain a twenty (20) foot vegetated buffer from all adjacent properties and roadways. 4. All installations shall be in compliance with the RI State Building Code and the RI State Electrical Code, and shall be subject to periodic inspections by the Coventry Building Official. All relevant installation components must have an UL listing or equivalent. 5. All electrical connection and distribution lines within the installation shall be underground or located entirely within the structure. Electrical equipment between the installation and the utility connection may be above-ground if required by the utility.

13 6. Security- A fence shall surround the perimeter of the installation of no less than six (6) feet in height. 7. Emergency Access- Reasonable accessibility for emergency service vehicles shall be required. 8. 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 (4) square feet in area. 9. Lighting- Externally lit signs are allowed, provided they are orientated such that the light is directed away from any adjacent properties and traffic arteries. 10. Abandonment or Decommissioning- It is the responsibility of the parcel owner to remove all obsolete or unused systems within twelve ( 12) months of cessation of operations. Reusable components are to be recycled whenever feasible. A surety bond to cover the cost of removal shall be required, and shall be posted prior to the insurance of any building permits. 11. Land Clearing/Deforestation- The applicant shall show the nature and extent of any proposed land clearing, alteration or removal of existing forest, trees or other vegetation on such property and any land clearing, alteration or removal which occurred in the twelve (12) months preceding the date of application. The permitting authority may take into consideration the nature, extent and effect of such land clearing, alteration or removal of existing forest, trees or other vegetation on such property, and effect on existing habitat which would be engendered by the proposal. The permitting authority may give priority to proposed solar projects which utilize existing cleared land or those which otherwise minimizes the impact on forest and habitat. D. These regulations shall be construed and applied, whenever possible, as a clarification of the existing zoning regulations pertaining to solar power generators.

14 ProposedBy ~ it/, J. o I< Introduced: (Q~ ~.j_() /~- Ad.vertised on J ~ :l..-l/, (;2_o Ir-... &~ 31 ~ ff1~ 7,.JAJ /h

15 STATE OF RHODE ISLAND TOWN OF COVENTRY NO TOWN COUNCIL The Town Council of the Town of Coventry hereby Ordains the following Amendment to Section 153-4(A) of the Coventry Code of Ordinances: Closing Hours for Asphalt Plants and Cement Plants and Firewood and Mulch Processing and Production Facilities A. All persons, partnerships or corporations which manufacture-asphalt and/or asphalt products and/or cement and/or cement products or produce or process firewood or mulch using raw materials from without the property used for production or processing, within the limits of the Town shall close such operation Monday through Friday between the hours of 7:00 p.m. and 7:00 a.m., Saturdays between the hours of 5:00 p.m. and 12:00 a.m., unless a license for extended operating hours has been granted by the Coventry Town Council following a public hearing. It shall be unlawful for any such asphalt or cement plant or firewood or mulch processing or production facility to operate on Sundays. The Town Council may permit operation outside of the above permitted hours following a public hearing for a period not to exceed 10 days per calendar year and notification of the Town's police chief at least 72 hours in advance of said operation. For purposes of this section "operation" shall include without limitation 'warming up' machinery and queuing or loading trucks. B. The Town Council shall not grant such license until a public hearing shall be published in a newspaper of general circulation in the Town for not less than once per week for two successive weeks prior to the day of hearing. C. A filing fee of $50 plus advertising fees shall be paid by the applicant at the time of application for such license. Such licenses must be renewed annually. D. The applicant shall in its application for such extended hours state the reasons and shall include the nature of the business to be conducted during the extended hours, the need for such extended hours, and any restrictions to be placed on the business operation during such extended hours to minimize the effect on other property in the neighborhood. E. After such hearing, the Town Council shall have the authority to grant the license, grant the license with reasonable restrictions as it alone shall determine, or deny said license. F. Any violation of the hours set forth in Subsection A or this section shall result in the violator being subject to a fine of up to $500 for a first offense, up to $1,000 for a second offense and up to $1,500 for a third and/or subsequent offense. G. For a third and/or subsequent offense, the Town Council, at its option, may require the operator of said asphalt plant or cement plant, or firewood or mulch production/ processing facility to appear before it to show cause why its license should not be suspended. c:\users\cher\appdata\local\microsoft\windows\temporary internet files\content.outlook\6eh8pho3\firewood and mulch amendment to 153-4(a).docx

16 EFFECTIVE DATE 1. This Ordinance shall become effective upon passage. I hereby certify that the foregoing Ordinance was adopted by the Honorable Town Council of the Town of Coventry at a regular meeting held on the ~ay of--.<-i-= lo. Attest: President, Town Council Introduced By: c :\u sers\cher\appdata\local\microso~\windows\te mporary internet files\content.outlook\6eh8pho3\firewood and mulch amendment to 153-4(a).docx

17 PROPOSED BY: ~ 1~ Posted by Town Clerk~ VJ~ cja,t I ~-- tfa0ulµ f/ :MJ I l, Hearing Date: I ( ;2.a I(,,