A. 
The purpose of this article is to regulate solar photovoltaic installations by creating standards for placement, design, construction, operation, monitoring, modification, and removal of such installations. This article addresses public safety, and minimizes impacts on scenic, natural, and historic resources, to ensure such facilities are compatible with the neighborhood in which they are located and provides adequate financial assurance for the cost of decommission and removal of such facilities.
B. 
The intent of this article is to incentivize the geographic location of solar power production facilities away from forested areas, and towards existing developed sites. Accessory use of ground-mounted solar arrays (i.e., net metering behind the meter) shall be encouraged for developed properties.
This article applies to all solar photovoltaic systems constructed or substantially modified after the effective date of this chapter.
As used in this article, the following terms shall have the meanings indicated:
ABANDONED SOLAR ENERGY SYSTEM
A solar energy system that has either reached the end of its useful life or is disconnected and/or with no plan to reconnect it.
APPLICANT
An owner or authorized agent of the owner submitting an application. An authorized agent is someone authorized in writing by the owner.
ARRAY AREA
The area covered by panels and interrow spacing.
ENERGY STORAGE FACILITY
Facilities and/or structures for the storage of energy and the charging and discharge of power. Such facilities may include, but not be limited to, electrochemical storage batteries, battery chargers, controls, power conditioning systems, and associated electrical equipment designed to provide electrical power to a building or to a utility grid. The facility is typically used to provide standby or emergency power, an uninterrupted power supply, load shedding or similar capabilities.
ENGINEER
A registered Rhode Island professional engineer.
GROUND-MOUNTED SOLAR PHOTOVOLTAIC SYSTEM
A solar photovoltaic system that has its electricity generating solar panels mounted on racks or frames that are attached to ground-based mounting supports.
HEIGHT
The height of a solar photovoltaic system measured from predevelopment grade to the highest point of any portion of the system.
HISTORIC SITE
Any site, structure, district or archaeological site which is included on a local, state, or National Register of Historic Places or which is established by qualified testimony as being of historic significance.
IMPROVEMENT GUARANTEE
A security instrument or cash accepted by the Town to ensure that all public improvements are properly protected.
OWNER-OPERATOR
The owner-operator is the legal entity that owns the solar photovoltaic system and its accessories and is responsible for the operation of the solar photovoltaic system.
PARTICIPATING LANDOWNER
One or more persons that hold title in fee to the property on which a solar photovoltaic system is to be constructed and operated.
PUBLIC IMPROVEMENT
Includes any installations, alterations, maintenance and repair of utilities and of Town infrastructure including public roads and rights-of-way that must be utilized to access the site.
ROOF-MOUNTED SOLAR PHOTOVOLTAIC SYSTEM
A solar photovoltaic system that has its electricity generating solar panels mounted on the rooftop of a residential or commercial building.
SOLAR PHOTOVOLTAIC SYSTEM
A power system designed to supply usable solar power by means of photovoltaics. It consists of an arrangement of several components, including solar panels to absorb and convert sunlight into electricity, a solar inverter to change the electric current from DC to AC, as well as mounting, cabling and other electrical accessories.
SOLAR PHOTOVOLTAIC SYSTEM, ACCESSORY USE
A power system that is incidental and subordinate to a principal use of a parcel or development including the following:
A. 
Solar canopies.
B. 
Ground-mounted solar as accessory to an established residential or commercial use.
SOLAR PHOTOVOLTAIC SYSTEM, UTILITY-SCALE GROUND-MOUNTED
For the purpose of selling energy and energy credits to an electric utility company, a municipality, or any other third-party consumers of energy, whose area size is a minimum of six acres and 30% of the gross lot area.
A. 
Residential zone districts.
(1) 
Rooftop accessory use solar photovoltaic shall be allowed by right in all zoning districts and shall comply with Subsection C(1), (5), (7) and (8).
(2) 
All ground-mounted accessory use solar photovoltaic systems within REA, RA, RS, and RU zoning districts shall be allowed by right and shall meet the following applicable requirements in Subsection C(1) through (8).
B. 
Nonresidential zone districts. All rooftop or ground-mounted accessory use solar photovoltaic systems, and solar canopies within the BH, BN, LC, and M Zone Districts shall be allowed by right for commercial or industrial sites and shall meet the applicable requirements in Subsection C(1) through (8).
C. 
Accessory use requirements.
(1) 
No accessory use solar photovoltaic system may be constructed or substantially modified without first obtaining a building permit.
(2) 
Setbacks and building coverage. Setbacks and building coverage shall conform to the setbacks and building coverage as specified for the zone in which the accessory ground-mounted solar system is installed. The array area shall be treated as part of the total lot building coverage.
(3) 
Fencing. A security fence shall be installed and maintained surrounding all components of accessory ground-mounted solar systems. The fence shall be not less than six feet and not more than 10 feet high.
(4) 
Signs. Clearly visible warning signs concerning voltage shall be placed along the security fence. The signs shall identify the owner and have a 24-hour phone contact for emergencies.
(5) 
Roof-mounted systems — roof setback. For maintenance and fire prevention safety, the solar panels and mounts shall be set back from the edge of the roof and the top of the ridgeline a minimum of 18 inches.
(6) 
Systems within developed BH, BN, LC, and M Zone District areas shall include design provisions for safe operation of parking lots, snow removal, utility connections and parking requirements. Compliance with zoning parking requirements for the principal land use shall be maintained.
(7) 
No installation or operation of an accessory use solar photovoltaic system shall result in any form of trespass at any time. For the purposes of this article, solar reflection, noise generation, and increased shading upon a neighboring property shall be considered a trespass, and shall meet the following:
(a) 
Solar reflection. Accessory use solar photovoltaic systems shall be designed and operated to eliminate solar reflection from the ground level up to 35 feet (or on any existing building that is above 35 feet) upon all neighboring properties. If, after completion and operation of the roof-mounted solar photovoltaic system, solar reflection is found to exist upon neighboring properties, the Building/Zoning Official may shut down the solar photovoltaic system and have it covered, if necessary, to prevent reflection until such time the reflection is resolved.
(b) 
Noise generation. Accessory use solar photovoltaic systems shall not generate noise above ambient levels beyond a lot line on which a solar photovoltaic system is installed. If, after completion and operation of the roof-mounted solar photovoltaic system, noise is found to exist upon neighboring properties, the Building/Zoning Official may shut down the solar photovoltaic system and require testing which shall be at the applicant's, participating landowner's, or owner-operator's expense. The system shall remain shut down until such time the noise issue is resolved.
(8) 
Nothing contained herein shall have the effect of waiving or limiting the Building/Zoning Official's authority to enforce codes with respect to examination of the system, including plans, computations, specifications, and field inspections.
The Solar Photovoltaic Overlay District is hereby established. Establishment and expansion of the Overlay District shall be considered an amendment to this chapter and subject to review by the Town Council in accordance with R.I.G.L. § 45-24-51 and Article XXIII, of this zoning ordinance. Within the areas identified herein as part of this Overlay District, solar photovoltaic systems shall be permitted as a use by right. This Overlay District shall be limited to the areas indicated on Town's Zoning Map, which may be amended from time to time through an amendment to the map.
A. 
Purpose. The purpose of this section is to create an overlay district in which a large-scale solar photovoltaic system may be installed by right and governed in a coordinated manner with the Town's existing regulations and Comprehensive Plan, including the implementation of special land use controls, proper rural planning, development tools and the implementation and administration of the Town Codes. It shall be the intention of this article to incentivize solar power production away from forested areas, and towards existing developed sites.
B. 
Overlay District. An Overlay District is a district that is superimposed on one or more districts or parts of districts, and that imposes specified requirements in addition to those otherwise applicable for the underlying zone. All regulations of the underlying district shall continue to be in full force and effect, except where the regulations herein supersede such underlying requirements or provide alternatives to such requirements. All requests for development of large-scale solar photovoltaic systems shall be designed to foster and promote compatibility with the general character of the Town and shall be consistent with the Comprehensive Plan. The development shall ensure that a primary concern will be buffering for the surrounding land uses. The proposed development shall not materially increase light and/or noise impact on nearby property, and the development shall benefit the Town in terms of tax revenue and preservation of rural areas.
It is recognized that renewable energy is encouraged and deemed desirable within the Town, provided that appropriate standards for installation and design are incorporated and applied. As a result, the Town has determined it appropriate to authorize Solar Photovoltaic overlay districts to permit, govern, and monitor the installation and design of solar photovoltaic systems through amendments to the Town's zoning map.
C. 
Establishment of Overlay Districts. For a Solar Photovoltaic Overlay Zone to be established, the Town Council shall amend the zoning map following the procedures as presented in Article XXV, Amendments, of this zoning ordinance.
(1) 
The following maps and lots, either in part or entirety, fall within the Solar Photovoltaic Overlay Zone:
012-132
012-136-B
017-175
013-107-A
017-130
016-097
012-137
016-005
016-006
012-156-A
013-052
013-051
012-270
013-012
013-010-A
012-306
012-326
(2) 
If any portion of a lot extends into the Overlay Zone, only that portion within the Overlay Zone is considered for solar array.
(3) 
Notwithstanding any other dimensional provision to the contrary, a setback of 100 feet shall apply and be measured inward from the Overlay Zone line.
D. 
The proposed development shall provide the Town with an incentive proposal, above the minimum rates established by R.I.G.L. § 44-5-3, that will contribute to the Town financially and/or enhance the services the Town provides as well as negate any expenses or costs the Town incurs because of the installation and development of a solar photovoltaic system.
Request for approval from the Town Council for a tax agreement (e.g., PILOT and any other impact fees and development incentives etc.) shall be included as part of the preliminary plan application, pursuant to R.I.G.L. §§ 45-23-41[1] and 45-23-50.1, if applicable.
[1]
Editor's Note: R.I.G.L. § 45-23-41 was repealed by P.L. 2023, chs. 308 and 309, § 3, effective January 1, 2024.
E. 
Solar Photovoltaic Overlay District requirements. All utility-scale ground-mounted solar photovoltaic systems shall meet the following requirements and shall be addressed in the application:
(1) 
No solar photovoltaic system shall be permitted within 250 feet of a historic site or historic structure.
(2) 
To be eligible for a solar photovoltaic system, the parcel or parcels must be a minimum of six acres, must be vacant, and the proposed solar array (inside fenced area) must not exceed 30% of the gross lot area, or exceed six acres, whichever is less.
(3) 
Setbacks.
(a) 
Solar arrays shall be set back a minimum of 100 feet from all property lines.
(b) 
Setbacks from wetlands and waterbodies shall comply with state environmental regulations.
(4) 
No installation or operation of a solar photovoltaic system shall result in any form of trespass at any time.
(a) 
Solar reflection. Solar photovoltaic systems shall be designed and operated to eliminate solar reflection from the ground level up to 35 feet (or on any existing building that is above 35 feet) upon all neighboring properties.
(b) 
Noise generation. Solar photovoltaic systems shall not generate noise above ambient levels beyond a lot line on which a solar photovoltaic system is installed. Specifically, there shall be no increase over the predevelopment ambient levels as measured at the applicant's property boundary lines. The ambient sound shall be determined with predevelopment acoustic testing of said sound levels at the property boundary lines, said testing to account for day and evening levels. This standard shall apply to all solar photovoltaic systems in the aggregate that are proposed to be located at the site. Post development testing shall be performed to confirm compliance by measuring sound levels at the property lines with the solar photovoltaic system in operation and with the solar photovoltaic system shut down to confirm no increase in ambient noise. The testing shall be at applicant's expense.
(5) 
The applicant has the burden of showing that the solar photovoltaic system will not have a significant adverse impact on neighboring property. A failure to meet this burden of proof shall result in denial of the solar photovoltaic system application. If after completion and operation of the solar photovoltaic system, solar reflection or noise produced by the solar photovoltaic system is found to exist upon neighboring properties, the Building/Zoning Official may order a shutdown of the solar photovoltaic system and have it covered, if necessary, to prevent reflection. Wildlife, fauna access and migratory patterns shall remain unaffected. A solar photovoltaic system and its required fencing shall not have an adverse effect on fauna's natural access for feeding, nesting, breeding, transit and migratory patterns, on rare, threatened or endangered wildlife habitat, rare, threatened or endangered plants, and rare and exemplary plant communities. In making its determination the approval authority shall consider pertinent application materials and the written comments and/or recommendations of the North Smithfield Conservation Commission, Land Trust and/or other local boards and commissions, the Rhode Island Department of Environmental Management, and/or other environmental groups or organizations the approval authority deems credible on such matters.
(6) 
Visual buffer and setback. All components of the solar photovoltaic system shall be set back from the property line a minimum of 100 feet. Within the 100-foot setback, a permanent all-season evergreen buffer which shall be planted with mature plants/trees such that the buffer is complete upon start-up of the solar photovoltaic system. The buffer shall completely obscure the solar photovoltaic system and fencing from all neighboring properties. The Certificate of Occupancy (CO) shall not be issued until the evergreen buffer is complete.
(7) 
Fencing. A security fence shall be installed inside the visual buffer and maintained surrounding all components of the solar photovoltaic system. The fence shall be no less than six feet and no more than 10 feet tall and shall provide sufficient space beneath the fence to accommodate the migratory patterns of wildlife and fauna.
(8) 
Signs. Clearly visible warning signs concerning voltage shall be placed along the security fence. The signs shall identify the owner and have a 24-hour phone contact for emergencies.
(9) 
Maximum height. The maximum height of any component or appurtenance structure of the ground-mounted solar photovoltaic system shall be 15 feet.
(10) 
Utility connections. Utility connections for the solar photovoltaic system shall be installed underground on the subject property. Electrical transformers for utility interconnections may be above ground if required by the utility provider. All electrical components of the solar photovoltaic system shall conform to all relevant and applicable local, state and national codes, laws and regulations.
(11) 
Appurtenant structures. Appurtenant structures, such as equipment shelters, transformers, substations and energy storage facilities shall be within the security fencing. All appurtenant structures shall be shielded from view by the green buffer.
(12) 
Environmental sensitivity. All ground-mounted solar photovoltaic installations shall be located to preserve the natural features of the site, to avoid areas of environmental sensitivity, and to minimize alterations of and negative impacts to natural features, historic and cultural resources, and scenic areas. Any grading or site preparation must, to the maximum extent practicable, conform to the natural topography of the site. Excavation of material including gravel, sand and rock is strictly prohibited unless it is necessary to properly locate the solar photovoltaic installation, and such excavation shall only be that which is minimally necessary based on a site analysis which shall be included with the application.
(13) 
Groundcover. A pollinator mix shall be required as suitable groundcover and shall be accompanied with a five-year maintenance plan, and there shall be no use of herbicides to control vegetation on the site.
(14) 
Other considerations. The designated approval authority may consider adverse impacts on scenic vistas and interference with electromagnetic communications, such as telephone, radio, and television. The designated approval authority may impose special conditions reasonably necessary to remove or alleviate any potential adverse impacts.
(15) 
Maintenance. Solar photovoltaic systems shall be maintained in good condition. Such maintenance shall include painting, structural repairs, integrity of security measures, maintenance of green buffer and maintenance of drainage and runoff systems. Solar photovoltaic systems shall be inspected for structural integrity, security measures and maintenance of drainage and runoff systems by a Rhode Island Registered Professional Engineer (P.E.) at least once each year. The inspection report shall be submitted annually to the Building/Zoning Office on the anniversary of the issuance of the Certificate of Occupancy.
(16) 
On-site inspections and construction control.
(a) 
Certification. A Rhode Island Registered Professional Engineer (P.E.) shall certify to the Building/Zoning Official that site has been inspected and the following work complies with the construction documents:
[1] 
Soil condition and analysis.
[2] 
Drainage and runoff systems.
[3] 
Footings.
[4] 
Structural integrity of mounting systems.
[5] 
Fire prevention, detection and alarm systems.
[6] 
Electrical systems.
[7] 
Mechanical systems.
[8] 
Field reports, test data and related documentation.
[9] 
Photos.
(b) 
Nothing contained within construction control shall have the effect of waiving or limiting the Building/Zoning Official's authority to enforce codes with respect to examination of the contract documents, including plans, computations and specifications, and field inspections.
(17) 
Liability insurance. The applicant shall maintain a current general liability policy during the construction phase of the solar photovoltaic system with minimum limits of $2,000,000 per incident/per occurrence. The applicant shall provide the Building/Zoning Official with a valid certificate of insurance listing the Town of North Smithfield as additionally insured.
All utility-scale ground-mounted solar photovoltaic systems shall follow the procedure and submission requirements herein:
A. 
Development plan review. The Planning Board shall review the application for solar photovoltaic systems as a major land development project under the Town's Land Development and Subdivision Regulations.
B. 
The following information shall be provided to the Planning Board in addition to the submission requirements for a major land development project:
(1) 
A completed application form including:
(a) 
Identification of the participating landowner(s), the person(s) or entity(s) that will be operating, owning and constructing the solar photovoltaic system, their full names, addresses and contact information.
(b) 
The proposed site address, plat and lot numbers, zone and owners of the proposed solar photovoltaic system site and any contiguous parcels owned by the participating landowners.
(c) 
The current use of the site, owners and addresses of owners of the parcels that abut the proposed site or abut parcels of participating landowners that are contiguous with the proposed site. A viewshed analysis and map must be provided.
(d) 
A site plan, signed and stamped by a Rhode Island Registered Professional Engineer (P.E.), drawn to scale, showing where the solar photovoltaic systems will be located on the lot.
C. 
The following information shall be provided with an application for a solar photovoltaic system:
(1) 
All drawings submitted shall be signed and stamped by a Rhode Island Registered Professional Engineer (P.E.).
(2) 
Description. A description of the proposed solar photovoltaic system that includes the aggregate generating capacity of all proposed solar photovoltaic systems, manufacturer's specifications for solar panels, mounting systems, inverters, transformers and other noise-generating equipment (including but not limited to the make, model, capacity, sound emission levels) and a description of the associated facilities.
(3) 
Electrical design. One- or three-line electrical diagram detailing the solar photovoltaic installation, associated components and electrical interconnection methods, with all current state electrical code-compliant disconnects and overcurrent devices.
(4) 
Written evidence that the provider of the electrical service to the property has approved connection of an electric generation facility to the electricity grid, if such connection is proposed.
(5) 
Complete description of emergency and normal shutdown procedures.
(6) 
Soil analysis confirming that the soil conditions are suitable for the designed mounting system signed and stamped by an engineer.
(7) 
Environmental factors. The environmental impact of the proposed solar photovoltaic system shall be analyzed by a professional environmental company. The analysis shall be specific to the site in terms of at-risk species of concern and their habitats. The following shall be addressed:
(a) 
Constraints imposed by environmental and archeological regulations.
(b) 
The presence of animal species of concern and/or critical habitat for these species.
(c) 
The impact on accessways for fauna transit and access to feeding/nesting/watering areas.
(d) 
Presence of plant communities of concern.
(e) 
Presence of critical areas of species congregation, such as maternity roosts, hibernation sites, staging areas, winter ranges, nesting sites, and migration stopovers.
(f) 
The potential impact of habitat fragmentation.
(g) 
A one-to-one tree replacement of existing native trees that are removed which are of 20-inch diameter or greater. Said trees shall be replaced by newly planted trees of three-inch diameter caliper at breast height elsewhere in the Town.
(8) 
An operation and maintenance plan, describing the general procedures for operational maintenance of the solar photovoltaic system or maintenance of access roads and stormwater controls. If applicable, the plan shall also describe the provisions for remote monitoring in the proposed maintenance and inspection schedule.
(9) 
Decommissioning plan. The applicant shall provide a decommissioning plan to dismantle and remove the entire solar array including all appurtenance structures along with costs related to landscaping to pre-sitting conditions. As a condition of approval, the landowner shall also be named as the responsible party, along with the developer, for the removal and restoration of the property.
General procedures. Prior to issuing a Certificate of Completion (CO) for the solar photovoltaic system, the Town shall inspect public improvements used to access the construction site and require the applicant to repair any improvements as requested by the Town. The Town reserves the right to require an improvement guarantee as defined by R.I.G.L. § 45-23-32(18) and the Town's Land Development and Subdivision Regulations.
A. 
Prior to the issuance of a permit under this chapter, the applicant shall provide financial security with the municipality for the full estimated cost of dismantling and removal of the solar photovoltaic system, including the cost necessary to return the property to its pre-siting condition, which the municipality shall place in an interest-bearing escrow account. Said surety shall be based on a cost per megawatt for each application that is inclusive of consumer price index trends established by the Federal Bureau of Labor Statistics in effort to predict construction cost escalation to support said decommissioning in future years.
B. 
A solar photovoltaic system that is not generating electricity for six consecutive months shall be deemed discontinued. In the event the solar photovoltaic system has not generated electricity for a period of six months, the Building/Zoning Official shall notify the owner-operator of the system that it has been deemed abandoned. The solar photovoltaic system shall be removed from the property by the applicant/owner-operator within 120 days of receipt of notice from the Building/Zoning Official unless an appeal has been filed. If, however, the solar photovoltaic system is not removed within this time period, the municipality shall use the escrowed funds to pay all site reclamation costs deemed necessary and reasonable to return the site to its preconstruction condition, including the removal of roads and reestablishment of vegetation. If funds remain after the necessary expenditures, the municipality shall reimburse the applicant, owner, successor, or assignee the remaining funds. If additional funds are required, the Town reserves its right to pursue funds through a recorded municipal lien against the landowner's property.
C. 
Decommissioning shall be supervised and certified by a licensed professional engineer P.E. at the applicant's and/or owner's cost and expense before funds are released.
D. 
The owner-operator shall notify the Building/Zoning Official by certified mail at least 30 days before a solar photovoltaic system is scheduled to be decommissioned and removed. The owner-operator is responsible for securing any necessary state and local permits prior to the dismantling of a solar photovoltaic system.
A. 
If there is a conflict between the provisions of this article and any other state or local ordinance, the more stringent provision shall apply. If there is a conflict between a provision of this article and that of another provision of this chapter, the provision of this article shall apply.
B. 
The invalidity of any part of this article shall not invalidate any other part of this chapter provision.