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Town of Portsmouth
Town of Portsmouth Zoning Ordinance
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§ XX-G

Medium and large SES siting requirements

  • 1. Site design.
    • a) General siting: Solar energy systems shall be located, constructed, installed, and operated to minimize potentially adverse impacts to nearby properties, natural resources, and or individuals. Impacts to be minimized include, but are not limited to, those locations and habitats for animals, including birds, and plant species of concern, and habitat/forest fragmentation.
    • b) Industry standards: Solar energy systems shall be manufactured and designed to comply with applicable industry standards, as may amended for time to time, including, but not limited to, the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), and other appropriate certifying organizations as may be required by federal or state laws or utility regulations.
    • c) Interconnection: Solar energy systems connecting directly to a distribution or a transmission system must submit a copy of the preliminary interconnection study with the electric distribution company. Any off-site impacts or infrastructure upgrades necessary to enable the SES shall be identified, especially any impacts to existing street trees within the connection and/or affected municipal rights-of-way. Where such street trees may be impacted, the Tree Warden or Tree Commission shall submit an advisory opinion on the extent of the off-site impacts and a recommendation for mitigation of the impacts.
    • d) Land clearing: Wherever practical 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 the applicable laws, regulations, and ordinances. The disturbance and removal of topsoil from the site shall be limited to those areas that are required for the installation of the proposed solar energy system. In no case shall more than twenty percent (20%) of the area inclusive of inter-row and panel/collector spacing covered by the solar panels be on cleared woodlands. In no case shall the total area of cleared woodland exceed twenty thousand (20,000) square feet.

      [Amended 11-8-2021 by Ord. No. 2021-11-08]

    • e) Security fencing: Medium and large solar energy systems shall surround the perimeter of the installation with no less than six feet (6') in height of fencing. Where fencing is used, consideration for small and large terrestrial wildlife shall be incorporated into the fencing design. Fences shall be elevated above grade by a minimum of five inches (5") to allow for passage of small terrestrial animals. Barbed wire fences shall not be permitted.
    • f) Buffer areas and screening: Natural vegetation or additional landscape screening shall be provided as determined by the Zoning Board of Review or Planning Board depending upon the existing land use on the site and the adequacy of the site's natural vegetation or lack thereof to mitigate impacts to public views, scenic roads, and abutters. The Zoning Board of Review or Planning Board shall have the authority to set site specific width of buffers, height of plants at planting, and to require an opaque screen to adjacent properties and/or public roads. If required by the Zoning Board of Review or Planning Board, the landscape plan shall be prepared by a registered landscape architect.
    • g) Groundcover and plant species selection: Pollinator-friendly seed mixtures shall be used along with native plants to the maximum extent possible. All plants and seeds should be native to the greatest extent practicable, and no plants known or suspected (e.g., aggressive spreading non-natives) to be invasive shall be used.
    • h) Agricultural accessory use: For installations on agricultural lands, the entire lot should be examined by the Zoning Board of Review or Planning Board and farm owner with areas designated within the total acreage for farming use, buffers, and SES shall be located as to minimize impact to prime agricultural soils or soils of statewide importance wherever possible. No topsoil or prime agricultural soil shall be removed from the site for installation of the facility. All soils retained shall be reused in the landscaping/vegetative plan for the site.
    • i) Lighting: Exterior lighting within the SES shall be the minimum necessary. All fixtures must be full-cut off fixtures approved by the International Dark Sky Association and correlated color temperatures <3000K for bulbs.
    • j) Signage: Signs shall comply with the Portsmouth Sign Ordinance. Ground-mounted systems shall identify the owner and provide a twenty-four hour emergency contact phone number. Solar energy systems shall not be used for displaying any advertising except for the identification of the manufacturer or operator of the solar energy system.
    • k) Power lines: Power and communication lines running between banks of solar panels and to the off-site electric distribution system or interconnections with buildings onsite excepting, the poles owned by the electric distribution company which are typically required to be above ground, shall be buried underground. Exemptions may be granted by the Zoning Board of Review or Planning Board in instances where written documentation for shallow bedrock, a high groundwater table, prior environmental contamination or other elements of the natural landscape interfere with the ability to bury lines.
  • 2. Operating standards.
    • a) Site control: The applicant shall submit documentation for access and control of the project site sufficient to allow for the construction and operation of the proposed energy system.
    • b) Stormwater and erosion control: All SES are subject to the soil erosion and sediment control ordinance as well as the storm water control provisions of the Subdivision and Land Development Regulations.
    • c) Pesticide and herbicide usage: Solar energy systems shall be designed, constructed and maintained in a way that minimizes the use of herbicides and pesticides.
    • d) Modifications: Material (equipment) or site design modifications to a solar energy system made after issuance of the required building permit shall require approval by the applicable board.
    • e) Recording: Maintenance agreements, a final as-built including any modifications approved by the applicable board shall be recorded in Land Evidence Records for all ground array systems.
    • f) Abandonment: With the exception of roof-mounted structures, absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar energy system shall be considered abandoned if it fails to operate for more than one (1) year without the written consent of the Zoning Board of Review or Planning Board as it relates to the land development project approval.
    • g) Surety: Prior to final approval and recording of a medium or large ground array, the owner/operator shall provide an appropriate surety approved by the Zoning Board of Review or Planning Board equal to 110% of the current cost of removal and re-vegetation of the site, as recommended by the applicable board. Surety shall be held by the Town until such time the applicable board votes to release the funds finding compliance with all obligations and no need to secure future compliance. Surety will not be required for a municipal or state-owned facility.
    • h) Municipal exemption: Nothing herein shall preclude the Town of Portsmouth from installing SES on any Town-owned or controlled property regardless of the zoning district.