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Tiverton
Town of Tiverton Zoning Ordinance
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§ XXIV-6

Ground-mounted SES general conditions and requirements

  • a. The following are applicable to all ground-mounted SES including accessory ground mounted SES, principal ground-mounted SES, impaired ground-mounted SES, agricultural accessory ground-mounted SES and solar canopy SES.

  • b. Unless stated otherwise, the following are express conditions and may only be altered by use variance:

    • 1. Ground-mounted SES shall not be constructed, installed, modified or removed prior to the issuance of a building or demolition permit.

    • 2. Ground-mounted SES and any associated equipment shall not be allowed on land held under conservation easement or land for which the development rights have been sold, transferred, or otherwise encumbered from the parcel.

    • 3. All power transmission lines and utility connections from a ground-mounted SES to any building or other structure shall be located underground, unless physical constraints to the land make underground lines impractical as determined by the permitting authority.

    • 4. Ground-mounted solar installations shall not exceed 12 feet in height as measured from the grade of the ground surface to the highest point of the solar installation, including the top of any support structure or panel. Solar canopies shall not exceed the building height limit of the zone where located nor exceed the height of a primary structure located on the parcel.

    • 5. All cleared areas below and surrounding a ground-mounted solar installation shall be maintained in a vegetated state as approved by the planning board to stabilize soils and prevent erosion. Solar canopies are exempt from this requirement.

    • 6. The application of chemical herbicides and/or pesticides is prohibited at any time including during construction and/or maintenance of the SES.

    • 7. Proposed site re-grading shall not be excessive and shall be kept to the minimum amount necessary. Blasting as a means of site grading is specifically prohibited. No unnecessary disturbance of the ground or grading is permitted as part of the installation or maintenance. Any topsoil that must be moved shall be stored and stabilized on-site for future use.

    • 8. 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.

    • 9. All ground-mounted SES shall comply with Rhode Island DEM wetlands and wetlands buffer regulations.

    • 10. Access, parking and turnarounds, including between arrays, shall be provided for service and emergency vehicles for all ground-mounted solar installations as determined by the planning board and fire marshal.

    • 11. The maximum building coverage including any ground-mounted solar system shall conform to the requirements as stated in the Tiverton Zoning Code, article V, section 1 and/or article IV section 20 ("maximum developable area") unless otherwise exempted in this article. The total proposed building coverage shall be calculated by adding the solar lot coverage to any existing building coverage.

      • i. In an industrial zone, the total building coverage where a ground-mounted SES is proposed shall not exceed 70 percent. This exception does not allow the non-solar building coverage to exceed the building coverage requirements for the industrial zone in Article V, Section 1.

      • ii. Building coverage of an impaired site SES is regulated in accordance with section 9.3 of this article.

    • 12. The minimum setback from any component of the ground-mounted SES shall be 200 feet in every SES permitted zone except the industrial zone. In the industrial zone, the setbacks listed in article V shall apply excepting where the parcel abuts a non-conforming use or a residential zone, either directly adjacent to or across from a street. In such circumstances, a 200-foot setback shall apply to any required yard setback distance, (front, rear, or side) so constrained. Setbacks for solar canopies are regulated according to section 11.2 of this article.

    • 13. The SES shall be sited and screened to minimize the aesthetic effect of solar facilities on viewsheds within the community. The design shall incorporate landscaping and design elements to visually screen the installation from view of public roads and adjoining properties. Solar installations, except as provided otherwise herein, shall maintain a minimum 200-foot undisturbed vegetated buffer from all adjacent properties and roadways. If planting is required within the designated setback due to a lack of natural screening, such plantings shall be a minimum of six feet in height at the time of installation. In an industrial zone, no additional visual screening will be required unless the project abuts a non-conforming use, a street, or another zone, either directly or across a street, in which case the 200-foot vegetated buffer shall apply to any yard (front, side, rear) so constrained.

      • i. The planning board may alter, by dimensional variance, the setback in the industrial zone where any existing building provides sufficient screening to minimize the aesthetic effect of solar facilities on viewsheds within the community.

      • ii. The planning board may alter, by dimensional variance, the vegetated buffer width, and screening elements, dependent on site characteristics such as slope, wetland area, existing buffering, etc.

      • iii. The required vegetated buffer shall be permanently marked on the parcel by bounds markers or other marker type as agreed by the planning board so as to allow for monitoring of the required buffer.

      • iv. Solar canopies are exempt from this requirement.

    • 14. No ground-mounted SES and the required screening shall impair or impede view sheds of the Sakonnet River or Seapowet Marsh from any public street or parcel not owned by the applicant.

    • 15. The required vegetative buffers are to be composed of plant materials listed in the University of Rhode Island's native plant database. The planning board shall require an independent review, at the applicant's expense, of the visual screening/buffering plan by a registered Rhode Island Landscape Architect to demonstrate that the landscape buffer is adequate to screen the solar energy facility year round consistent with the standard as set forth in section 6.13, above.

    • 16. Required visual screening shall be maintained for the life of the SES. The property owner and/or facility owner shall be required to replant any section of the buffer/screening found not to meet the requirements of this section as determined by the zoning official.

    • 17. The applicant shall be required to install an eight-foot high chain link fence around the perimeter of the SES. The fence shall be installed a minimum of eight inches off the ground to allow small animals to pass underneath. Newly installed fences shall be flagged for at least six months to protect both fencing and wildlife. No signs shall be installed on the perimeter security fence except a sign(s) that identifies the installation name, address, emergency contact information and trespassing, warning, danger signs to protect public safety. A 24-hour emergency contact number shall be included. No sign shall exceed four square feet in area.

      • i. In the instance where the applicant can show that the surrounding area and site do not require fencing for protection or trespass, or to allow agricultural production within the array area, the planning board may waive the fencing requirements.

      • ii. Solar canopies are exempt from this requirement.

    • 18. Lighting of a ground-mounted SES shall be consistent with all applicable state or local laws and regulations or ordinances and codes of the Town of Tiverton. Lighting of other parts of the SES facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be shielded from abutting properties. Lighting of the SES facility shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.

    • 19. All SES shall be designed and located to prevent reflective glare toward any inhabited buildings or adjacent properties. Glare generated from solar panels shall not interfere with traffic or create a safety hazard.

    • 20. Construction of the SES shall only be allowed between 8:00 a.m. and 5:00 p.m. and shall not be allowed on Saturday, Sunday, and any legal federal or state holiday.

    • 21. No components of a ground-mounted SES shall be located within any Rhode Island Department of Environmental Management (RI DEM) Wellhead Protection Area. The setback for components of a ground-mounted SES shall be a minimum of 500 feet from any public well and 200 feet from any private well.

    • 22. Accessory ground mounted SES and agricultural ground mounted SES shall not be permitted on the same parcel.

    • 23. Siting of the SES shall avoid USDA Prime Farmland.

(Ord. of 11-14-22(2); Ord. No. 2024-0013, 9-9-24)