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Town of Smithfield
Town of Smithfield Zoning Ordinance
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§ 5.11

Solar Energy Systems

5.11 SOLAR ENERGY SYSTEMS

5.11.1 Purpose And Applicability.

  1. Purpose: It is the purpose of this ordinance to promote the safe, effective and efficient production of electricity by means of solar energy systems.
  2. Findings: There is a need to regulate solar energy systems due to the potential adverse impact they may have on the aesthetics, public health, and safety of the Town.
  3. Intent: This ordinance intends to provide standards for the placement, design and construction, monitoring, modification and removal of solar energy systems to further public safety and minimize impact on scenic, natural and historic resources of the Town. As stated in the Comprehensive Community Plan the Town encourages solar energy systems in locations which provide the greatest potential energy generation while actively striving to minimize the visual and topographic impacts to the existing landscape from which these systems are visible from adjoining streets and neighboring properties, and also to minimize the amount of associated land clearing and grading.
  4. Applicability: This Ordinance applies to all solar energy systems to be constructed after the effective date of this Ordinance. Solar energy systems constructed prior to the effective date of this Ordinance shall not be required to meet the requirements of this Ordinance. Any upgrade, modification, or structural change that materially alters the size or placement of an existing solar energy system shall comply with the provisions of this Ordinance. The Town of Smithfield is exempt from this Ordinance.
  5. Severability: Should any section, subdivision, clause, or phrase of the Ordinance be declared by the courts to be invalid, the validity of the Ordinance as a whole, or in part, shall not be affected other than the part invalidated.

105 Town of Smithfield Article 5 – Dimensional Regulations Zoning Ordinance

5.11.2 Definitions.

  1. Accessory solar energy system: A solar energy system that is incidental and subordinate to the principal use(s) of the parcel and occupies up to 20,000 square feet of area, inclusive of inter-row and panel/collector spacing in a non-residential zone or, occupies up to 1,750 square feet of area, inclusive of inter-row and panel/collector spacing in a residential zone. Accessory solar energy systems shall be permitted in the zones indicated in the Smithfield Zoning Ordinance, Article 4.3, Table of Uses.
  2. Building-mounted solar energy system: A solar energy system that is structurally supported by the surface of a building.
  3. Ground-mounted solar energy system: A solar energy system that is structurally appended to the ground and is not supported by a building. This shall include a pole mounted solar energy system.
  4. Large-scale solar energy system: A principal solar energy system that occupies more than 1,750 square feet of area, inclusive of inter-row and panel/collector spacing. Large-scale Solar Energy Systems are prohibited on all lots zoned for Open Space (OS).
  5. Material Alteration: An alteration that shall include, but not be limited to, increases to the surface area or ground coverage of the system, or that result in additional disturbance of land and changes to the electrical infrastructure.
  6. Minor Alteration: Any alteration that is not a material alteration.
  7. Principal solar energy system: A solar energy system that is the only use occupying a parcel, Principal solar energy systems shall be permitted in the zones indicated in the Smithfield Zoning Ordinance, Article 4.3, Table of Uses.
  8. Roof-mounted solar energy system: An accessory solar energy system that is structurally appended to the roof of a building.
  9. Small-scale solar energy system: A principal solar energy system that occupies up to 1,750 square feet of area, inclusive of inter-row and panel/collector spacing.
  10. Solar energy system: The equipment and requisite hardware that provide and are used for collecting, transferring, converting, storing, or using incidental solar energy for water heating, space heating, cooling, generating electricity, and off-loading said electricity to the grid, or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced 106 Town of Smithfield Article 5 – Dimensional Regulations Zoning Ordinance from a nonrenewable resource. This shall include photovoltaic arrays and installations that utilize ground-mounted and roof-mounted systems.
  11. Solar energy system operator: The agent or entity that conducts the daily operation and maintenance of the solar energy system under contractual agreement with the solar energy system owner.
  12. Solar energy system owner: The owner of equipment and appurtenances comprising the solar energy system; said entity may also be the solar energy system operator.
  13. Technical Review: Review of a proposed solar energy system project as required by this Chapter performed by the Technical Review Committee.
  14. Technical Review Committee: See Section 9, Article B of the Town's Land Development and Subdivision Review Regulations.
  15. Review pursuant to the Town's Land Development and Subdivision Review Regulations: Review by the Smithfield Planning Board.

5.11.3 Permitted Uses And Review Process.

  1. Accessory solar energy systems shall be permitted and reviewed pursuant to the requirements of Section 5.11 4, Accessory Solar Energy Systems, and as otherwise indicated in this Ordinance.
  2. All new principal solar energy systems shall be subject to Technical Review, and/or review pursuant to the Town's Land Development and Subdivision Review Regulations. Applications for principal solar energy systems shall be submitted to the Administrative Officer for the Planning Board.
    1. Small-scale solar energy systems shall be subject to Technical Review unless otherwise indicated in this Ordinance. All new principal solar energy systems shall be subject to Technical Review, and/or review pursuant to the Town's Land Development and Subdivision Review Regulations. Applications for principal solar energy systems shall be submitted to the Administrative Officer for the Planning Board.
    2. Large-scale solar energy systems shall be subject to