[Adopted 12-12-2018;
amended 6-12-2019; 12-11-2019]
The intent of this article is to allow solar energy systems
that do not have adverse effects on the rural character or environment
of the Town and prohibit all other solar energy systems.
As used in this article, the following terms shall have the
meanings indicated:
A device or specific-use structural design feature, a substantial
purpose of which is to provide for the collection, storage, and distribution
of solar energy for space heating or cooling, electricity generation,
or water heating.
A solar energy system that is accessory to a business and
that produces no more than twice the electricity needed for the business.
A solar energy system that is structurally mounted to the
ground, yet additionally maintains a permanent function to park vehicles
under. This shall only be permitted as an accessory use.
A solar energy system that is structurally mounted to the
ground and is not roof-mounted.
A solar energy system that has a rated nameplate capacity
of no more than 1 MW AC and occupies no more than four acres of surface
area, including inter-row and panel/collector spacing.
A solar energy system that is structurally mounted to or
structurally ballasted on the roof of a building or structure; includes
solar shingles.
A.Â
Solar energy systems shall be manufactured and designed to comply
with applicable industry standards, including the American National
Standards Institute (ANSI), Underwriters Laboratories (UL), the American
Society for Testing and Materials (ASTM), and other appropriate certifying
organizations.
B.Â
Solar energy systems connected directly to a distribution or a transmission
system must submit an interconnect feasibility study at the preapplication
stage; an impact study for preliminary plan submission; and an approved
interconnection agreement with the interconnecting electric utility
prior to final approval, where applicable.
C.Â
No solar energy system shall be constructed, installed or modified
without first obtaining all state and local approvals as well as all
applicable permits and shall be subject to periodic inspections as
deemed necessary by the building official and other Town officials.
D.Â
Solar energy systems shall be constructed to minimize the use of
herbicides.
E.Â
Dimensional regulations for ground-mounted solar energy systems.
(1)Â
The maximum height of a ground-mounted solar energy system shall
be 12 feet, with the exception of solar-covered parking structures,
which shall have a maximum height of 18 feet from the ground. The
height shall be measured from the ground level or the base of the
system's pedestal to the highest point of the solar energy system,
including the top of any support structure or panel. A maximum of
six feet of fill shall be permitted, and a dimensional variance shall
be required for projects proposing more than six feet of fill.
(2)Â
Setbacks.
(a)Â
A solar energy system that is accessory to a principal structure
may be located no closer than 1/2 of the setback that would otherwise
apply or 20 feet from the front, side, or rear site lines, whichever
is greater.
(b)Â
A limited solar energy system shall have a setback requirement
of 200 feet from adjacent residential zoning districts and from the
front yard line. Where the subject property borders a nonresidential
zoning district, the setback shall be 50 feet.
(3)Â
Lot coverage. A limited solar energy system shall cover no greater
than 50% of a lot or contiguous lots in common ownership. The lot
coverage calculation shall include inter-row and panel/collector spacing,
meaning that the entire area of the installation shall be counted
as lot coverage.
F.Â
Panels for solar energy systems shall be recyclable unless the Planning
Board approves the use of nonrecyclable panels due to extenuating
circumstances.
G.Â
Except for roof-mounted systems, solar energy systems shall not be
permitted on any property that is encumbered by a conservation easement
or on state-owned property.
A.Â
Major land development. Each limited solar energy system application
must be reviewed by the Planning Board as a major land development
project.
B.Â
General requirements.
(1)Â
Location. A limited solar energy system shall be allowed in
accordance with the Town of West Greenwich Zoning Ordinance Use Tables.[1]
[1]
Editor's Note: Said tables are included as an attachment to this chapter.
(2)Â
A ground-mounted facility shall be designed to prevent unauthorized
access, subject to the review and acceptance of the Planning Board
and concurrence of the Director of Public Works and the Fire Marshal
as it relates to the provision of emergency service. Security fencing
shall be installed prior to installation of panels.
(3)Â
The applicant shall demonstrate that adequate access and parking
are provided for service and emergency vehicles as determined by the
Planning Board in consultation with the Fire Marshal.
(4)Â
Landscaping. Clearing of natural vegetation shall be limited
to what is necessary for the construction, operation, and maintenance
of the solar energy system or otherwise prescribed by applicable laws,
regulations, and bylaws/ordinances. The disturbance of topsoil shall
be limited to those areas that are required for the installation of
the proposed solar energy system. Topsoil shall be stockpiled for
re-use, restoration, and stabilization of the site after.
(5)Â
Buffering. Applicants proposing ground-mounted solar energy
systems shall propose an appropriate buffer that adequately mitigates
visual impacts on surrounding properties and the neighborhood in general.
Selection of the proposed buffer should be based on the context and
characteristics of the specific site, and shall be done in consultation
with a landscape designer. Choices include, but are not limited to:
1) wooded buffer; or 2) full landscape screen. The Board shall determine
the appropriate buffer based on site conditions. If a full landscape
screen is utilized, the applicant shall post a bond for the maintenance
of that landscape screen during the expected life of the system.
(6)Â
Demarcation and maintenance of buffer. The required buffer shall be delineated with permanent markers. If a 200-foot setback is required under § 400-205E(2)(b), the first 150 feet of that setback distance shall be a no-cut zone, and the only allowable trimming of buffer vegetation shall be growth (branches/limbs) that overhang the buffer zone.
(7)Â
Drainage and erosion and sedimentation control shall conform
to the Rhode Island Department of Environmental Management Stormwater
Design Manual and all applicable regulations, local and state.
(8)Â
Reasonable efforts, as determined by the Board, shall be made
to place all utility connections from the facility underground, depending
upon appropriate soil conditions, shape, topography of the site, subsurface
conditions, and any requirements of the utility provider.
(9)Â
Lighting of a ground-mounted solar energy system shall be "dark-sky
rated" and shall be consistent with local, state, and federal law.
Lighting of other parts of the facility, such as appurtenant structures,
shall be limited to that required for safety and operational purposes,
and shall be reasonably shielded from abutting properties. Where feasible,
lighting of the facility shall be directed downward and shall incorporate
full cut-off fixtures to reduce light pollution.
(10)Â
Financial security. With the exception of roof-mounted structures,
applicants proposing to develop limited solar energy systems shall
be required to 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 facility and restore the landscape, in an amount and
form determined to be reasonable by the Board (and subject to the
review of the Town Solicitor), and/or as agreed to and detailed in
the site lease agreements. As part of the review for the lease agreements,
the applicant shall submit a fully inclusive estimate of the costs
associated with removal. The amount 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 facilities. The Administrative Officer shall recommend
to the Planning Board the amount of the financial security the applicant
must provide to ensure facility removal and site restoration. The
Planning Board may require the applicant to cover the cost of third-party
verification of the estimated removal/decommissioning costs. The applicant
shall submit the financial guarantee before any local permits are
issued.
(11)Â
Removal requirements. With the exception of roof-mounted structures,
any solar energy system that has reached the end of its useful life
or has been abandoned shall be removed. The applicant shall submit
a decommissioning plan to the Zoning Board and/or Planning Board with
the application for project review and approval. The owner or operator
shall physically remove the facility no more than 180 days after the
date of discontinued operations. The owner or operator shall notify
the Board by certified mail no later than 90 days before the proposed
date of discontinued operations and plans for removal. Decommissioning
shall consist of:
(a)Â
Physical removal of all ground-mounted solar energy systems,
structures, equipment and security from the site.
(b)Â
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations.
(c)Â
Stabilization or revegetation of the site as necessary to minimize
erosion. The Board may allow the owner or operator to leave landscaping
or designated below-grade foundations in order to minimize erosion
and disruption to vegetation.
(12)Â
Abandonment. With the exception of roof-mounted systems, absent
notice of a proposed date of decommissioning or written notice of
extenuating circumstances, the solar energy system shall be considered
abandoned when it fails to operate for more than one year without
the written consent of the Town Council and Planning Board as it relates
to the land development project approval. If the owner or operator
of a limited solar energy system fails to remove the facility in accordance
with the requirements of this section within 150 days of either abandonment
or the proposed date of decommissioning, the Town may physically remove
the facility, without further notice; and or/may place a lien on the
property for any costs incurred over and above the bond amount, with
statutory interest.
