Development standards
The following standards shall apply as follows:
A. All solar energy systems. All solar energy systems, including accessory and major solar energy systems, shall adhere to the following:
1. Glare. All solar energy systems shall be designed and located to prevent reflective glare toward any inhabited buildings on adjacent properties. Glare generated from solar panels shall not interfere with traffic or create a safety hazard.
2. Stormwater and Erosion and Sediment Control. On-site drainage management and erosion and sedimentation control shall conform to the latest Rhode Island Stormwater Design and Installation Standards Manual, and the RI Soil Erosion and Sediment Control Handbook, as well as all applicable town regulations.
3. Clearing, excavation, and filling. Clearing of natural vegetation shall be strictly limited to what is necessary for the construction, operation, and maintenance of the solar energy system or as otherwise prescribed by applicable laws and regulations. Excavation and filling of project sites shall be limited to what is necessary to stabilize the installation area.
4. Code requirements. All installations shall be in compliance with the Rhode Island State Building Code and the Rhode Island State Electrical Code and shall be subject to periodic inspections by the Jamestown Building Official. All relevant installation components must have a UL listing or equivalent.
5. Mechanical equipment. All mechanical equipment associated with solar energy systems, including, but not limited to, controls, energy storage devices, batteries, heat pumps, exchangers or other materials, hardware or equipment necessary to the process by which solar radiation is converted into another form of energy shall be located and enclosed with structures/fencing to prevent unauthorized access.
6. Ground cover. Grass is the preferred treatment versus gravel, crushed stone or the like. However, each application shall be assessed during the development plan review process to determine the most appropriate ground cover.
7. Farmland. Solar energy systems located on prime farmland or farmland of statewide importance, as determined by the United States Department of Agriculture Natural Resources Conservation Service within the most recent Rhode Island Soil Survey, shall be designed and installed to ensure that:
a. The land beneath the solar energy system is reseeded after installation with grass or low growth vegetation that is listed in the University of Rhode Island's native plant database, or, if such soils need to be removed from beneath the system for installation purposes, the soils are relocated to and spread over an undisturbed area of the site to allow the soils to be placed into productive use;
b. Any invasive species found to grow upon the land underneath the system are controlled or eliminated so that the soil remains usable for future agricultural purposes;
c. Siting of the systems shall keep with the existing contours of the land, and only pile-driven or ballast block footings are to be used, so as to minimize disturbance of soils during installation; and
d. Required vegetative buffers are composed of plant materials listed in the University of Rhode Island's native plant database, with a preference for pollinator-friendly materials.
B. Accessory solar energy systems. An accessory solar energy system is permitted in all zones, provided such system shall:
1. Meet all applicable zone requirements from other sections of this zoning ordinance, unless otherwise specified herein, including, but not limited to, lighting, setbacks, signage, and height;
2. Require a building permit after submission and approval of layout and design through development plan review (DPR) through the technical review committee per section 82-1004.2. Any memorandum of lease, easement or utility agreements must also be submitted for review, and shall be recorded in land evidence in the Town of Jamestown upon approval;
3. Place any roof-mounted components on code compliant structures only. On flat roofs, accessory solar energy systems shall be set back from the edge. On pitched roofs, the edge of the solar energy system shall be parallel to the roofline; and
4. Place ground mounted components on an area of up to 20 percent of the net buildable area of the lot on which it is located (i.e., the total area of the applicable lot, minus setbacks, vegetated buffers, and wetlands) but no more than 5,000 square feet in area in total. Ground mounted systems shall be no more than 12 feet above finished grade at their highest point.
C. Major solar energy systems. Major solar energy systems shall be allowed per Table 6-1.
1. Where allowed, major solar energy systems require a special use permit from the planning commission and formal development plan review per article 10 and the town's subdivision and land development regulations and unified development review per section 82-210. On municipally-owned property or on property in agricultural or farming use having a total land area of five acres or greater and where the proposed major solar energy system does not exceed 20 percent of the net buildable area of the lot on which it is located, a special use permit is not required. Agricultural or farming use property not meeting these criteria shall be subject to the special use permit process.
2. When a major solar energy system exceeds 40 percent of the net buildable area of the lot on which it is located, then such major solar energy system shall require major land development approval from the planning commission (per the town's subdivision and land development regulations) and a special use permit through unified development review.
3. All major solar energy systems shall require a building permit prior to construction and adhere to the following:
a. Plan submittal requirements. Major solar energy system applications shall include the proposed site layout and any landscape changes, a diagram of electrical components, a description of the major system components to be used, an operation and maintenance plan, a decommissioning/restoration plan, proof of liability insurance, the contact information for the project contractors, and utility approval where applicable (following completion of the utility company's review and approval of an impact study). Additional documents may be required by the planning commission.
b. Land evidence. Any memorandum of lease, easement or utility/distribution agreement shall be submitted with the application and shall be recorded in land evidence in the Town of Jamestown after planning commission approvals.
c. Land evidence. Any memorandum of lease, easement or utility/distribution agreement shall be submitted with the application and shall be recorded in land evidence in the Town of Jamestown after planning commission and zoning board of review approvals.
d. Setbacks and height. Any major solar energy system, including any solar canopies that may be part of the system, must meet all height, lot coverage, and minimum front, side, and rear yard requirements in the applicable zone, unless otherwise specified herein, and must additionally maintain a twenty-foot vegetated buffer from all adjacent properties and roadways.
e. Utility connections. All utility connection and distribution lines within the installation shall be underground or located entirely within a structure. Electrical equipment between the installation and the utility connection may be aboveground if required by the utility.
f. Security. A fence shall surround the perimeter of any ground-mounted installation unless adequate property perimeter fencing already exists to the satisfaction of the zoning officer. Said fencing shall be no less than seven feet in height nor greater than ten feet in height, shall be secured from unauthorized entry, shall be located behind any vegetated buffer required by this section, and, as feasible, shall not obscure scenic views and shall incorporate wildlife passage features for small mammals and birds in its design and installation.
g. Emergency access and safety. Reasonable accessibility for emergency service vehicles shall be required, along with documentation that a public safety preparedness and response plan, detailing the standards, procedures, and communication protocol to be utilized at the facility and in the event of an emergency, and documentation indicating that the plan has been approved by the fire marshal. A means of shutting down the solar energy system connection to any utility provider interconnection shall be clearly and sufficiently marked.
h. Signage. No signs are allowed on the security perimeter fencing except for a sign displaying the installation name, address and emergency contact information, and trespassing/warning/danger signs to ensure the safety of individuals who may come in contact with the installation. No sign shall exceed four square feet in area.
i. Lighting. Lighting of solar energy facilities and appurtenant structures shall be limited to that required for safety and operational purposes and shall follow the standards found in section 82-702 of this zoning ordinance.
j. Operations and maintenance. When an applicant makes submission to the planning commission, he or she shall include an operations and maintenance plan for the solar energy system. It shall include provisions for emergency shutdown and shall provide for maintaining contact information for a responsible party for the public and agents of the town to contact with inquiries or concerns throughout the useful life of the system. Such plan shall also provide detailed information regarding any chemicals, solvents or other compounds used to clean or otherwise maintain the solar panels and provide information on their storage, disposal and handling.
k. Identification as to whether any prime farmland or farmland of statewide importance exist on-site, as determined by the United States Department of Agriculture Natural Resources Conservation Service within the most recent Rhode Island Soil Survey.
l. Identification of any RI Department of Environmental Management Natural Heritage Areas that may exist on site.
4. Abandonment or decommissioning.
a. Removal requirements. Any solar energy system that has reached the end of its useful life or has been abandoned shall be removed by the licensee. The owner/operator shall physically remove the system no more than 150 days after the date of discontinued operations. The applicant shall notify the zoning officer by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
i. Physical removal of all structures, equipment, security barriers, and transmission lines from the site.
ii. Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
iii. Stabilization or re-vegetation of the site as necessary to minimize erosion. The zoning officer may allow the owner to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
b. Abandonment. Absent notice of a proposed date of decommissioning or written note of extenuating circumstances, the solar energy system shall be considered abandoned when the system fails to operate for more than one year without the written consent of the zoning officer. When the zoning officer determines that abandonment has occurred, the zoning officer will send notice of this determination to the owner/operator. If the applicant fails to remove the facility in accordance with the requirements of this section within 150 days of this notice of abandonment or the proposed date of decommissioning, the town may enter the property and physically remove the facility.
c. Financial surety. Applicants for major solar energy systems shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal or failure to maintain, in the event the town must maintain or remove the system and remediate the landscape, in an amount and form determined to be reasonable by the zoning officer, but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the applicant. Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.
5. To ensure the fulfillment of the requirements of this section, the planning commission shall have the authority to require the following:
a. Location adjustments. Adjustments to the proposed location of the major solar energy system determined necessary to mitigate negative impacts to adjacent properties, or to reduce the amount of clearing necessary for installation; and
b. Additional landscaping. The provision of additional landscaping beyond the minimum requirements of this section and the town's subdivision and land development regulations, where such is necessary to mitigate negative impacts to adjacent properties or prominent community viewsheds, or due to the unique characteristics of the subject property.
6. Changes to approved major solar energy systems. All proposed changes and upgrades to major solar energy systems shall be submitted to the planning department for determination as to whether such constitutes a major change or upgrade. Major changes shall include, but not be limited to, increases to the surface area or ground coverage of the system, and changes to the system's infrastructure that result in additional disturbance of land. Major changes shall be reviewed using the same process by which the major solar energy system was originally reviewed. Minor changes shall be reviewed and approved by the technical review committee or referred to the planning commission as a major change.
(Ord. of 2-3-2025(1), § 1(Exh. A))