Limited solar energy systems

A. Major land development. Each limited solar energy system application must be reviewed by the Planning Board as a major land development project.
B. General requirements.
- (1) Location. A limited solar energy system shall be allowed in accordance with the Town of West Greenwich Zoning Ordinance Use Tables.
  Editor's Note: Said tables are included as an attachment to this chapter.
- (2) A ground-mounted facility shall be designed to prevent unauthorized access, subject to the review and acceptance of the Planning Board and concurrence of the Director of Public Works and the Fire Marshal as it relates to the provision of emergency service. Security fencing shall be installed prior to installation of panels.
- (3) The applicant shall demonstrate that adequate access and parking are provided for service and emergency vehicles as determined by the Planning Board in consultation with the Fire Marshal.
- (4) Landscaping. 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 bylaws/ordinances. The disturbance of topsoil shall be limited to those areas that are required for the installation of the proposed solar energy system. Topsoil shall be stockpiled for re-use, restoration, and stabilization of the site after.
- (5) Buffering. Applicants proposing ground-mounted solar energy systems shall propose an appropriate buffer that adequately mitigates visual impacts on surrounding properties and the neighborhood in general. Selection of the proposed buffer should be based on the context and characteristics of the specific site, and shall be done in consultation with a landscape designer. Choices include, but are not limited to: 1) wooded buffer; or 2) full landscape screen. The Board shall determine the appropriate buffer based on site conditions. If a full landscape screen is utilized, the applicant shall post a bond for the maintenance of that landscape screen during the expected life of the system.
- (6) Demarcation and maintenance of buffer. The required buffer shall be delineated with permanent markers. If a 200-foot setback is required under § 400-205E(2)(b), the first 150 feet of that setback distance shall be a no-cut zone, and the only allowable trimming of buffer vegetation shall be growth (branches/limbs) that overhang the buffer zone.
- (7) Drainage and erosion and sedimentation control shall conform to the Rhode Island Department of Environmental Management Stormwater Design Manual and all applicable regulations, local and state.
- (8) Reasonable efforts, as determined by the Board, shall be made to place all utility connections from the facility underground, depending upon appropriate soil conditions, shape, topography of the site, subsurface conditions, and any requirements of the utility provider.
- (9) Lighting of a ground-mounted solar energy system shall be "dark-sky rated" and shall be consistent with local, state, and federal law. Lighting of other parts of the facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the facility shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.
- (10) Financial security. With the exception of roof-mounted structures, applicants proposing to develop limited solar energy systems shall be required to provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the Town must remove the facility and restore the landscape, in an amount and form determined to be reasonable by the Board (and subject to the review of the Town Solicitor), and/or as agreed to and detailed in the site lease agreements. As part of the review for the lease agreements, the applicant shall submit a fully inclusive estimate of the costs associated with removal. The amount shall include a mechanism for calculating increased removal costs due to inflation and any expected salvage or resale value. Such surety will not be required for municipally or state-owned facilities. The Administrative Officer shall recommend to the Planning Board the amount of the financial security the applicant must provide to ensure facility removal and site restoration. The Planning Board may require the applicant to cover the cost of third-party verification of the estimated removal/decommissioning costs. The applicant shall submit the financial guarantee before any local permits are issued.
- (11) Removal requirements. With the exception of roof-mounted structures, any solar energy system that has reached the end of its useful life or has been abandoned shall be removed. The applicant shall submit a decommissioning plan to the Zoning Board and/or Planning Board with the application for project review and approval. The owner or operator shall physically remove the facility no more than 180 days after the date of discontinued operations. The owner or operator shall notify the Board by certified mail no later than 90 days before the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
  - (a) Physical removal of all ground-mounted solar energy systems, structures, equipment and security from the site.
  - (b) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
  - (c) Stabilization or revegetation of the site as necessary to minimize erosion. The Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
- (12) Abandonment. With the exception of roof-mounted systems, absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar energy system shall be considered abandoned when it fails to operate for more than one year without the written consent of the Town Council and Planning Board as it relates to the land development project approval. If the owner or operator of a limited solar energy system fails to remove the facility in accordance with the requirements of this section within 150 days of either abandonment or the proposed date of decommissioning, the Town may physically remove the facility, without further notice; and or/may place a lien on the property for any costs incurred over and above the bond amount, with statutory interest.