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

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.

Page | 1 (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.

Page | 2 (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 Page | 3 Page | 4