Ordinance 03-2026 - Solar Arrays in R-1 Zoning District

Exactly as extracted, unformatted — for checking against the original. The readable version is easier to read.

TOWN COUNCIL OF CENTREVILLE
ORDINANCE NO 03-2026
AN ORDINANCE OF THE TOWN COUNCIL OF CENTREVILLE AMENDING THE TOWN
OF CENTREVILLE ZONING ORDINANCE, WHICH IS CHAPTER 170 OF THE CODE OF
THE TOWN OF CENTREVILLE, TO ALLOW SOLAR ARRAYS AS A SPECIAL
EXCEPTION USE IN THE RESIDENTIAL R-1 ZONING DISTRICT
WHEREAS, the Town Council of Centreville has the authority under Section 5-213 of the Local
Government Article of the Annotated Code of Maryland, to adopt regulations;
WHEREAS, Section 4-102(6) of the Land Use Article of the Annotated Code of Maryland authorizes
the Town Council of Centreville to regulate the location and use of buildings, signs and structures on
the land;
WHEREAS, the Town desires to amend Chapter 170 of the Code of the Town of Centreville to allow
solar arrays as a special exception use in the Residential R-1 Zoning District and clarify that the Formatted: Highlight
existing solar array special exception as an accessory use in the Residential R-2 Zoning District.
WHEREAS, the Town Council received a _____________ recommendation on the zoning
amendment from the Centreville Planning and Zoning Commission; and
WHERAS, the Town Council held a public hearing on the zoning amendment on ___________.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of Centreville:
Section 1. The recitals set forth above are incorporated herein by reference and made a part of this
Ordinance.
Section 2. Section 170-19 Residential District R-1 of the Centreville Town Code is hereby amended to
add a new paragraph C.9 to add solar arrays as a special exception use.
9. Solar arrays as an accessory use, providing that: Formatted: Highlight
a. In addition to other special exception requirements set forth in this chapter,
applications for solar arrays shall provide the following:
(1) A property proposing to have a solar array shall be at least two acres in size.
(2) The solar array shall be set back a minimum of 50 feet from properties with
residential uses.
(3) Solar arrays shall not exceed 12 feet in height as measured from the ground.
(4) Site plans shall demonstrate the following:
(A) Show all equipment and/or storage buildings, shelters, landscaping,
access and environmental features on the site.
(B) Demonstrate that stormwater is managed in accordance with all county
and state requirements and that there is no discharge that causes
degradation of Town, county or state waters.
(C) Show that all wiring not on the solar arrays shall be underground
except where necessary to connect to the public utility.
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(D) Show that the gross usable area will exclude any wetland areas that are
regulated by the Maryland Department of the Environment or the U.S.
Department of the Interior (administered by the U.S. Army Corps of
Engineers). All forested areas removed during construction or
operation shall be mitigated in accordance with the Forest
Conservation Act.
(E) Demonstrate that any required utility right-of-way is allocated.
(F) Provide a detailed landscape plan demonstrating that noninvasive
native plant species are used to surround the solar arrays site,
providing a vegetated buffer around the perimeter of the site area of
the solar arrays. Additional buffer area may be required by the Board
of Appeals to provide screening from adjacent residential uses and/or
public or private roads and/or rights-of-way. It shall be demonstrated
in the landscape plan as part of the site plan that plantings will be of a
type that will adequately screen the solar arrays from view of adjoining
properties and private and public roadways, and a landscape berm
appropriate to accept plantings, up to four feet high, may be used to
assist in screening solar arrays.
(G) Provide documentation that noise generated by the facility shall be
limited to 60 dBA as measured at the property line except when a
backup generator is needed for maintenance. Construction on the site
is exempt from this standard.
(H) Provide that lighting shall be in accordance with design standards and
this chapter.
(I) Demonstrate that the solar arrays, including the electrical and
mechanical components, shall conform to relevant and applicable
local, state and national codes.
b. Maintenance of solar arrays shall be demonstrated according to following guidelines:
(1) If solvents are required for cleaning of solar modules, they must be
biodegradable.
(2) All broken or waste solar modules shall be removed from the site within 60
days of being taken out of service.
(3) A maintenance agreement for the landscape plan is provided with assurance
of replacement for plantings and viability of the landscaped buffer.
c. Removal of abandoned solar generating equipment.
(1) A bond, or other acceptable security, whose amount shall be determined by the
Board of Appeals, may be required to assure removal of any unused or
unmaintained solar arrays.
(2) Any solar energy power generating system that has not operated for a
continuous period of 12 months shall be considered unused and abandoned
unless the Board of Appeals grants an extension. The owner of an unused
system shall remove the entire system within six months of receipt of notice
from Town of Centreville notifying the owner of the equipment removal
requirement. Removal includes removing any underground structures or
supports and electrical transmission wire. All materials must be legally
removed from the site. The site shall be restored to its original condition after
removal is complete.
d. Building permit fees shall be determined by resolution of the Town Council.
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(Language to be deleted from the existing Ordinance is indicated in bold strikethrough format and
language to added is indicated by bold italics text and/or highlighted)
Section 3. Section 170-20 Residential District R-2 of the Centreville Town Code is hereby amended to
modify paragraph C.11 as follows:
11. Solar arrays as an accessory use, providing that: Formatted: Highlight
Formatted: Font: Not Bold
Section 34. If any section, clause, paragraph, sentence or phrase of the Ordinance or the application
thereof to any person, or circumstances is held invalid or unconstitutional by a court of competent
jurisdiction, the invalidity or unconstitutionality shall in no way effect other provisions or any other
application of this Ordinance which can be given effect without the invalid or unconstitutional
provision or application, and for this purpose the provisions of this Ordinance are declared severable.
Section 45. This Ordinance shall become effective twenty days after its enactment.
ATTEST: THE TOWN COUNCIL OF CENTREVILLE
____________________________________
R. Gaye Adams Ashley Heffernan Kaiser, Esq., President
Town Clerk
_____________________________________
First Reading: Jeffrey D. Kiel, Vice President
Second Reading:
Enacted:
Effective: _____________________________________
Sandra Lee Huffer, Member
_____________________________________
Frederick E. Beu, Member
______________________________________
Fred M. McNeil, Member
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