Solar energy systems

[Amended 12-15-2016, effective 12-15-2016; 11-1-2018, effective 11-1-2018]

• A. Purpose. The purpose of this section is to regulate the creation of new solar energy systems by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such systems that address public safety, minimize impacts on scenic, natural and historic resources, are compatible with the neighborhoods in which they are located and are consistent with the Comprehensive Plan of the Town of Glocester.
• B. Applicability. The provisions of this section shall apply to construction, operation, expansion and/or repair of any solar energy system in the Town of Glocester.
• C. Definitions. As used in this section, the following terms shall have the meanings indicated:

  CONTAMINATED SITE PENDING REMEDIATION — A site at which a hazardous material contamination that would result in restricted use of the property has been identified and verified by the Rhode Island Department of Environmental Management (RIDEM) through issuance of a "program letter," but which has not yet been remediated to the satisfaction of RIDEM.

  CONTAMINATED SITE SOLAR ENERGY SYSTEM — A solar energy system located on a contaminated site pending remediation or a remediated contamination site.

  GROUND-MOUNTED SOLAR ENERGY SYSTEM — A solar energy system that is structurally appended to the ground and is not supported to a structure or building.

  LARGE-SCALE SOLAR ENERGY SYSTEM — A solar energy system that has a solar land coverage of 40,000 square feet up to 200,000 square feet.

  MEDIUM-SCALE SOLAR ENERGY SYSTEM — A solar energy system that has a solar land coverage of more than 1,750 square feet but less than 40,000 square feet.

  REMEDIATED CONTAMINATION SITE — A site on which a hazardous material contamination was identified, remediation activities were performed, and use of the property was restricted, and for which the RIDEM has issued a "letter of compliance" or an "interim letter of compliance."

  ROOF-MOUNTED SOLAR ENERGY SYSTEM — A solar energy system that is structurally appended to the roof of a building or structure.

  SMALL-SCALE SOLAR ENERGY SYSTEM — A solar energy system that has a solar land coverage of 1,750 square feet or less. This can also include a solar tracker system provided it meets the same square footage requirements.

  SOLAR CANOPY — A solar energy system that is located on a new elevated structure that hosts solar panels and provides shelter to a parking area, driveway or walkway underneath.

  SOLAR ENERGY SYSTEM — The equipment and requisite hardware that provide and are used for collecting, transferring, converting, storing, or using incident solar energy for water heating, space heating, cooling, generating electricity, or other applications that would otherwise require the use of a conventional carbon-based source of energy such as petroleum or natural gas. This shall include photovoltaic arrays and installations that utilize building-mounted and/or ground-mounted systems.

  SOLAR LAND COVERAGE — The total footprint of land occupied by all components of a solar energy system including but not limited to solar panels, mounting equipment, ancillary components of the system, inter-row and panel/collector spacing, access, and all other area within the required perimeter security fencing.

  SOLAR TRACKER SYSTEM — Solar panels that are mounted to a racking system and utilize a small motor allowing the panels to move and follow the sun.

  UTILITY-SCALE SOLAR ENERGY SYSTEM — A solar energy system that has a solar land coverage of more than 200,000 square feet. Solar energy systems with a solar land coverage greater than 20 acres are prohibited.

• D. All solar energy systems are strongly encouraged to be located on rooftops. Rooftop solar energy systems of any size are permitted by right in all zones and shall not exceed the maximum height for the applicable zoning district. This does not apply to solar canopies. Solar energy systems are also encouraged on existing contaminated sites, gravel banks, quarries, parking lots and in existing industrial zones. To encourage solar development in the aforementioned locations, the solar land coverage requirement in Subsection J(3) may be increased to 50% of the land suitable for development if it can be demonstrated to the Planning Board that the remaining performance standards can be met and the modification of the solar land coverage requirement would not negatively impact adjacent property owners and is consistent with the Glocester Community Comprehensive Plan. In addition all solar energy systems shall:
  • (1) Meet all requirements of the State Building and Fire Codes, obtain a building permit, and be inspected by a Town building inspector.
  • (2) Comply with the State and National Electric Code, current edition.
  • (3) Include a UL listing or equivalent.
  • (4) Be set back at least three feet from the roof edge on all sides, when roof mounted.
  • (5) Be prohibited on land held under conservation easement or land for which the development rights have been sold, transferred, or otherwise removed from the parcel, unless the conditions of the easement, deed or other applicable legal document specifically allow the installation of a solar energy system, or shall receive approval for the disturbance of such lands by the holder(s) of the easement or restriction.
  • (6) Be designed and located to prevent reflective glare toward any inhabited building or adjacent properties. Glare generated from solar panels shall not interfere with traffic or create a safety hazard.
  • (7) Minimize regrading. No removal of topsoil or unnecessary disturbance of the ground or grading is permitted as part of the installation or maintenance of a solar energy system. Any topsoil that must be removed shall be stored and stabilized on-site for future use. In no case shall soil be exported from the site.
  • (8) Minimize clearing of natural vegetation from the site of the solar energy system. Clearing shall be limited to what is necessary for the construction, operation and maintenance of the facility. Vegetative cover shall be maintained to prevent soil erosion. Pollinator-friendly seed mixes and native plants shall be used to the maximum extent possible.
• E. Solar canopy. A solar canopy is permitted in the B-1, B-2 and I zones and on all municipally owned property over a parking lot, driveway or walkway provided such solar energy system meets the following:
  • (1) Location: Solar canopies shall be located over parking lots, driveways or walkways.
  • (2) All solar canopies shall meet all applicable zone requirements including but not limited to lighting, setbacks and signage.
  • (3) All medium-scale solar canopies shall meet the following:
    • (a) Major land development approval from the Planning Board.
    • (b) Performance standards listed in Subsection J.
  • (4) Large- and utility-scale solar canopies are not permitted.

    [Amended 12-7-2023, effective 12-7-2023]

• F. Small-scale solar energy system. A small-scale ground-mounted solar energy system is permitted in all zones as an accessory structure provided such solar system meets the following:
  • (1) Location. Ground-mounted solar energy system shall be located in the side or rear yard of the lot.
  • (2) Height. Ground-mounted solar installations shall not exceed 12 feet in height. Roof-mounted systems shall not exceed the maximum height for the applicable zoning district.
  • (3) All ground-mounted solar energy systems shall meet all applicable zone requirements including but not limited to lighting, setbacks, signage, and total lot coverage.
  • (4) Screening. Ground-mounted solar energy systems shall maintain a twenty-foot vegetated buffer from all adjacent properties and roadways with a minimum height of eight feet at planting.
• G. Medium-scale solar energy system. A medium-scale ground-mounted solar energy system is permitted in all zones except the Village Overlay District and Village Overlay Center District provided such solar energy system meets the following:
  • (1) All medium-scale ground-mounted solar energy systems shall require major land development approval from the Planning Board.
  • (2) All performance standards listed in Subsection J.
• H. Large-scale, solar energy system. A large-scale ground-mounted solar energy system is not permitted.

  [Amended 12-7-2023, effective 12-7-2023]

• I. Utility-scale solar energy system. A utility-scale ground-mounted solar energy system is not permitted.

  [Amended 12-7-2023, effective 12-7-2023]

• J. Performance standards.
  • (1) Height.
    • (a) Ground-mounted solar energy systems shall not exceed 12 feet in height.
    • (b) Solar canopies shall not exceed 20 feet in height.
    • (c) Roof-mounted systems shall not exceed the maximum height for the applicable zoning district.
  • (2) Setbacks.
    • (a) All medium- and large-scale ground-mounted solar energy systems in the A-4, A-3, and R-2 zone shall maintain a 300-foot undisturbed setback from any roadway or property line.
    • (b) All utility-scale ground-mounted solar energy systems in the A-4 or A-3 zone shall maintain a 500-foot undisturbed setback from any roadway and a 300-foot undisturbed setback from any side or rear property line.
    • (c) All solar energy systems in the B-2, B-1 and I zones shall meet the setbacks of the applicable zoning district unless the parcel abuts property zoned A-4, A-3, or R-2, then the 300-foot undisturbed setback shall be required along the property line abutting the A-4, A-3, or R-2 zoned property.
    • (d) The Planning Board may allow encroachment into the setback area for ground-mounted solar energy systems where panels will cross the property lines of one or more properties. The encroachment is permitted only when such design will lead to a seamless installation of the solar energy system, minimize clearing, and maximize screening from the roadway and/or neighboring properties.
    • (e) Solar canopies shall meet the setbacks of the applicable zoning district.
  • (3) Solar land coverage.
    • (a) In the A-4, A-3 and R-2 zone, the solar land coverage plus any additional or existing structures on the lot shall not exceed 15% of the land suitable for development of the lot.
    • (b) In the B-1 and B-2 zone, solar land coverage plus any additional or existing structures on the lot shall not exceed 25% of the land suitable for development of the lot.
    • (c) In the I zone, the solar land coverage plus any additional or existing structures on the lot shall not exceed 30% of the land suitable for development of the lot.
    • (d) Solar canopies are exempt from the solar land coverage requirements.
  • (4) Screening. Ground-mounted solar energy systems shall be sited and designed to minimize the aesthetic effect on view sheds within the community. The design shall incorporate landscaping and design elements to visually screen the solar energy system from view from public roads and adjoining properties with dense, opaque vegetation.
    • (a) In addition to the required undisturbed setback outlined in Subsection J(2), all medium-, large- and utility-scale solar energy systems shall maintain a minimum fifty-foot vegetated buffer from all adjacent properties and roadways with a minimum height of eight feet at planting.
    • (b) While not subject to the setbacks outlined in Subsection J(2), the driveway accessing a solar energy system shall require the buffer outlined above when within 100 feet of a property line.
    • (c) A vegetated buffer plan prepared by a RI licensed landscape architect shall be required at the preliminary plan review stage. The landscape architect shall verify that the vegetated buffer is adequate to thoroughly screen the solar energy system year round. The vegetated buffer plan shall use plants to the extent feasible from the RI Native Plant database or plants used for agricultural purposes that can effectively screen any visual impacts.
    • (d) As part of the major land development process, the Planning Board may alter this width dependent on any unique site characteristics such as slope, open fields, wetlands, etc.
    • (e) Solar canopies are exempt from these requirements.
    • (f) The required screening shall be maintained for the life of the solar energy system. The property owner shall be required to replant any section of the buffer found to not meet the requirements of this section as determined by the Zoning Official.
  • (5) Forest impacts.
    • (a) No more than 30% of the forested area of any lot in the A-4, A-3, and R-2 zones shall be cleared for the purpose of installing solar energy systems.
    • (b) All stumps from the cleared area must be removed, disposed of off-site or ground on-site after removal. Otherwise 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 ordinances.
    • (c) Solar energy systems are encouraged to utilize shade pruning rather than clear cutting where feasible.
    • (d) Any applicant proposing a solar energy system that includes clearing more than 40,000 square feet of forested area shall assess the impacts of the forest loss and how the impacts can be mitigated. At a minimum, the following issues must be addressed: water quality, habitat, carbon sequestration and storage and adjacent properties.
  • (6) Lighting. Lighting of solar energy systems shall be limited to requirements for safety and operation and shall not shine light onto abutting properties or shine above in order to minimize light pollution.
  • (7) Noise. The Planning Board may require applicants for large- and utility-scale solar energy systems to submit a noise study as part of their application. The noise study shall assess the potential impacts of any off-site noise receptors due to sound emitted by the solar energy system. The noise study is required to demonstrate that the system, as designed, does not exceed a 40-decibel noise level at the property lines.
  • (8) Distribution lines. To the extent practical, all new distribution lines to any building or utility connection shall be located below ground. An executed interconnection service agreement with a utility company is required prior to final approval of any medium-, large- or utility-scale ground-mounted solar energy system.
  • (9) Security fencing.
    • (a) A minimum six-foot security fence shall surround the perimeter of the solar energy system.
    • (b) Barbed wire fencing is prohibited.
    • (c) The fence shall be at least eight inches off the ground to allow small animals to pass underneath.
    • (d) New fences shall be flagged to protect both the fencing and wildlife for at least six months.
    • (e) Solar canopies are exempt from this requirement.
  • (10) Emergency access. Accessibility for emergency services vehicles, approved by the applicable Fire Department is required.
  • (11) Signage.
    • (a) No signage is permitted on solar energy system fencing except for a sign displaying the facility name, address and emergency contact information.
    • (b) Signs such as no trespassing, warning or danger signs are allowed as needed to ensure the safety of individuals who may come in contact with the system.
    • (c) Temporary signage as outlined in § 350-26 is permitted.
  • (12) Transmission lines. Applicants must provide a thorough explanation of any transmission line access or upgrade required by the project, including but not limited to the route starting and ending points, potential impacts to street trees, and right-of-way width.
  • (13) Electrical substations. Applicants must provide a thorough explanation of any new or proposed upgrades to electrical substations including but not limited to location, screening, setbacks and noise impacts.
  • (14) Erosion and sediment control. Every effort should be made to minimize changes to existing topography and hydrology. Site alterations must conform to the most recent edition of the RI Stormwater Design and Installation Standards Manual and the RI Soil Erosion and Sediment Control handbook, as well as applicable town regulations. All applicable erosion and sediment controls must be in place before construction, including site work, begins.
  • (15) Subdivision. Any subsequent subdivision of a parcel in the A-4, A-3, or R-2 zone that contains a solar energy system shall:
    • (a) Maintain the minimum parcel size for the applicable zoning district.
    • (b) Not exceed the maximum solar land coverage requirement established in Subsection J(3).
  • (16) Operation and maintenance plan. Medium-, large- and utility-scale solar energy systems shall submit an operation and maintenance plan that details how the solar energy system will be operated and maintained in good condition and, at a minimum, shall address:
    • (a) Site access maintenance.
    • (b) Vegetation management to maintain the required vegetated screen and avoid the use of harmful herbicides to maintain appropriate pollinator-friendly vegetative ground cover.
    • (c) Equipment and fence maintenance.
    • (d) Any other maintenance that may be needed to address Town requirements imposed due to the unique site conditions.
  • (17) Abandonment. The solar energy system shall be considered abandoned when it is disconnected for one calendar year without prior approval from the Town. Abandoned solar energy systems shall be removed within 180 days of the date of abandonment.
  • (18) Decommissioning. Any solar energy system which has reached the end of its useful life shall be removed within 180 days from the date of discontinued operations. A decommissioning estimate, prepared by a RI licensed engineer, must be approved by the Planning Board during the preliminary plan review. Each element of the decommissioning cost estimate must include a verifiable source with contact information. Decommissioning shall consist of:
    • (a) Physical removal and recycling of all solar energy system structures, equipment, security barriers, fencing and transmission lines from the site.
    • (b) Disposal of all solid and hazardous waste in accordance with all federal, state and local laws, regulations and ordinances.
    • (c) Stabilization and revegetation of the site necessary to minimize erosion and in compliance with all state and local laws, regulations, and ordinances, approved by the Glocester Zoning Official or his/her designee.
  • (19) Failure to remove. If the owner or operator of an abandoned or decommissioned solar energy system fails to remove the solar energy system in accordance with the provisions of this section, the Town of Glocester may enter the property and physically remove all elements of the solar energy system. The cost of such removal shall be the responsibility of the owner and/or operator of the solar energy system and/or the land owner.
  • (20) Financial surety. Prior to the issuance of any building permit for a medium-, large-, or utility-scale ground-mounted or solar canopy solar energy system, an escrow agreement or escrow funds to cover 125% of the cost of decommissioning as approved by the Planning Board, shall be posted with the Town of Glocester. This surety shall be automatically renewed annually for a minimum of 20 years or for the anticipated life of the solar energy system.

Editor's Note: Former § 350-46, Sewage disposal system setback from water bodies, was repealed 10-21-2010, effective 10-21-2010.