Small hydroelectric generation facilities

[Added 2-6-2019 by Ord. No. 18-25A; amended 12-6-2023 by Ord. No. 23-26]

• (a) Definitions. As used in this section, the following terms shall have the meanings indicated:

  FEDERAL ENERGY REGULATORY COMMISSION — The federal commission within the United States Department of Energy that is authorized under the Federal Power Act to issue hydroelectric generation licenses using or affecting Waters of the United States.

  GRID-INTERCONNECTED FACILITY — A facility that is connected to an electric circuit served by an electric utility.

  HYDROELECTRIC GENERATION — Converting the power potential of flowing water to kinetic energy for the purpose of generating electricity. The most common type of hydroelectric generation facility uses a dam on a river, which impounds water.

  HYDROELECTRIC GENERATION FACILITY ("FACILITY") — Any facility using the power potential of flowing water over a dam to generate electricity.

  LOW IMPACT OR "RUN-OF-RIVER" HYDROELECTRIC GENERATION FACILITY — A facility that produces electricity without the storage of water, where inflow to the facility equals outflow from the facility at all times and where water levels are not drawn down for the purpose of generating power.

  NAMEPLATE CAPACITY — The maximum output of electric power production of the hydroelectric generation facility, commonly expressed in megawatts (MW) or kilowatts (KW).

  PUBLIC DRINKING WATER SUPPLY — The source of surface water for a public drinking water supplier.

  SMALL HYDROELECTRIC GENERATION FACILITY — Any low impact or "run-of-river" hydroelectric generation facility using the power potential of flowing water over a dam to generate electricity with a total installed nameplate capacity of 2.0 MW or less. No facility shall be constructed, installed, or modified without first obtaining a license pursuant to the requirements of the Federal Power Act issued by the Federal Energy Regulatory Commission.

  Editor's Note: See 16 U.S.C. AA 791 et seq.

• (b) No small hydroelectric generation facility shall be constructed on a public drinking water supply in the Town of Cumberland, as depicted on the Rhode Island Department of Environmental Management Environmental Resource Map.
• (c) Building Permit. No facility shall be constructed, installed, or modified without first obtaining a building permit and shall be subject to periodic inspections as deemed necessary by the Building Official.
• (d) Major Land Development Project. No facility shall be constructed, installed, or modified without first obtaining approval from the Planning Board for a major land development project in accordance with the Land Development and Subdivision Regulations.

  Editor's Note: See Appendix A, Land Development and Subdivision Regulations.

• (e) Special Use Permit. No facility shall be constructed, installed, or modified without first obtaining a special use permit from the Zoning Board of Review. In addition to other requirements of this article, the following design and operation standards shall be met in order to meet the requirements of a special use permit.
  • (1) Site control. The facility proponent shall submit documentation of actual or prospective access and control of the facility site sufficient to allow for the construction and operation of the proposed facility.
  • (2) Operation and maintenance plan. The facility proponent shall submit a plan for the operation and maintenance of the facility, which shall include measures for maintaining safe access to the facility, stormwater controls, as well as general procedures for operational maintenance of the facility
  • (3) Utility notification. No grid-interconnected facility shall be constructed until evidence has been given to the Planning Department that the facility proponent has submitted notification to the utility company of the intent to construct and operate an interconnected generation facility.
  • (4) Lighting. Lighting of small hydroelectric generation facilities shall be consistent with local, state, and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes and shall be reasonably shielded from abutting properties.
  • (5) Noise. Noise levels generated by small hydroelectric generation facilities shall be consistent with federal and state law and shall comply with the ambient noise level thresholds prescribed by the Town of Cumberland Code of Ordinances.
  • (6) Signage. Signs on small hydroelectric generation facilities shall comply with the Town of Cumberland Zoning Ordinance. Signs shall display identification of the owner or operator of the facility and a twenty-four-hour emergency contact telephone number.
  • (7) Security. Small hydroelectric generation facilities shall, at a minimum, comply with federal law and any specific requirements prescribed by the Federal Energy Regulatory Commission. The Town of Cumberland may require additional security measures which are not inconsistent with the requirements prescribed by the Federal Energy Regulatory Commission.
  • (8) Emergency services. All means of shutting down the facility shall be clearly marked. The facility owner or operator shall:
    • a. Provide a copy of the facility's emergency action plan to the local Fire Chief;
    • b. Cooperate with federal, state, and local emergency services in developing emergency response actions; and
    • c. Identify a responsible person for public inquiries throughout the life of the facility.
  • (9) Land clearing. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation, and maintenance of the facility or otherwise prescribed by applicable laws, regulations, and bylaws/ordinances.
  • (10) Monitoring and maintenance: small hydroelectric generation facility conditions. The facility owner or operator shall maintain the facility in accordance with the requirements of the federal hydroelectric generation license issued by the Federal Energy Regulatory Commission. In addition, maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief, Emergency Management Director, and emergency medical services. The owner or operator shall be responsible for the cost of maintaining the facility and any access road(s), unless accepted as a public way.
  • (11) Financial surety. The facility proponent shall be required to provide a form of surety, either through escrow account, bond, or otherwise, to cover the cost of decommissioning and removing the facility at the end of the federal hydroelectric license term and for restoring the landscape, in an amount and form determined to be reasonable by the Planning Board and subject to review by the Town Solicitor.