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Westerly
Town of Westerly Zoning Ordinance
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§ 260-87.8

Solar energy systems

[Added 3-25-2019 by Ch. No. 1953]

  • A. Purpose and applicability.
    • (1) The increase in demand for alternate power sources has resulted in considerable interest in the construction of solar energy systems which provide for the collection, storage and distribution of energy for electricity, heating and other purposes.
    • (2) The purpose of this section is to regulate the installation of solar energy systems by providing standards for the placement, design, construction, operation, monitoring, modification, and removal of such systems that address public safety, minimize impacts on scenic, natural and historic resources, are compatible with the general neighborhoods and its architecture in which they are located and are compatible with the Comprehensive Plan of the Town of Westerly.
    • (3) The requirements of this section shall apply to all solar installations located in the Town of Westerly except those on land owned by the municipality.
  • B. Definitions.
    • (1) Except otherwise stated herein, the following definitions shall apply to all solar installations in the Town of Westerly:

      ACCESSORY SOLAR ENERGY SYSTEM — A solar energy system that is incidental and subordinate to the principal use(s) of the parcel and generates no more energy than 125% of the energy that is necessary to support the principal use of the parcel.

      ARRAY PERCENT COVERAGE — Array percent coverage equals (number of individual panels multiplied by individual panel size) plus (total mechanical pad coverage) divided by (total lot area) expressed as a percentage.

      ARRAY SIZE — Array size equals (number of panels multiplied by size of panel) plus (mechanical pad coverage) expressed in square feet or square acres.

      MECHANICAL PAD COVERAGE — The area of impervious surface(s), not including the panel(s) themselves, required to support a solar array and the solar array's required mechanical devices expressed in square feet or square acres.

      PHOTOVOLTAIC SYSTEM (PHOTOVOLTAIC INSTALLATION) — An active solar energy system that converts solar energy directly into electricity.

      PRIMARY SOLAR ENERGY SYSTEM — An installation designed for off-site sales in excess of the power consumed on site.

      RATED NAMEPLATE CAPACITY — The maximum rated output of electric power production of the photovoltaic system in watts of direct current (DC).

      SOLAR ACCESS — The access of a solar energy system to direct sunlight.

      SOLAR ENERGY — Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

      SOLAR ENERGY SYSTEM — A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation, or water heating.

      SOLAR ENERGY SYSTEM, GROUND-MOUNTED — An active solar energy system that is structurally mounted to the ground and is not roof-mounted; may be of any size.

      SOLAR ENERGY SYSTEM, OFF-GRID — A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility.

      SOLAR ENERGY SYSTEM, ROOF-MOUNTED — An active solar energy system that is structurally mounted to the roof of a building or structure; may be of any size (small-, medium- or large-scale).

      SURFACE AREA — Surface area is determined by the array size. Array size equals (number of panels multiplied by size of panel) plus (mechanical pad coverage) expressed in square feet or square acres.

  • C. Permitted uses.

    [Amended 10-26-2020 by Ch. No. 1997]

    • (1) Single use. Accessory solar energy systems, Use Code E.14A, and principal solar energy systems, Use Code E.14B, shall be permitted as set forth in § 260-18, Table of Uses, and reviewed pursuant to the requirements of § 260-87.8.
    • (2) Dual uses. A lot located in General Industrial Zoning District (as defined by § 260-12) may have dual principal uses so long as one of those dual principal uses is a solar energy system permitted by right or special use permit in the Zoning District. Review of a project that is proposing dual principal uses, one of which is a solar energy system, shall be as a major land development (Chapter A261). In addition to the submission requirements for a major land development, all applications to the Planning Board shall also meet the requirements of § 260-87.8. On applications requiring a variance (§ 260-33) or special use permit (§ 260-34), Planning Board approval shall be advisory to the Zoning Board of Review.
  • D. Preexisting nonconforming uses.
    • (1) The purpose of this subsection is to provide for the transition from a nonconforming commercial or industrial use to a use that conforms to, or more closely conforms to, the provisions of zoning.
    • (2) The intent to abandon a lawful nonconforming commercial or industrial use of land, portion of land, building, or structure, pursuant to § 260-32, Nonconformance, shall be conclusively presumed by the combination of one or more of the following actions and the replacement of the nonconforming commercial or industrial use with a solar energy system.
      • (a) Removal from the site, building or structure of fixtures, equipment, machinery or inventory necessary for the continuation of the nonconforming use; or
      • (b) A change in the use of the building, structure, land or portion of land to another use; or
      • (c) The voluntary interruption of a nonconforming use of any parcel of land, or portion thereof.
    • (3) At the time of decommissioning of an approved solar energy system, the land, portion of land, building or structure previously nonconforming by use or dimension shall revert to a use and/or structure that is conforming to the use and dimensional provisions of zoning.
  • E. Procedural requirements. In accordance with regulations promulgated by the Rhode Island Office of Energy Resources and General Laws Title 45, Chapter 68 "Statewide Municipal Solar Permit," solar energy permit is required for all solar installations. In addition, the following procedural requirements apply:
    • (1) Development plan review by the Planning Board (§ 260-45) is required for all ground-mounted solar installations except when the solar energy system is accessory to a single-family or two-family residence. Accessory uses for installations excluding one- or two-family residences may be permitted administratively by the Zoning Official if less than 1,000 square feet or less than 25 kw. However, solar installations proposed within any historic district, on an historic property or site, or on any property, or structure registered, or proposed for registration as per Chapter 42-45 Rhode Island Historical Preservation and Heritage Commission, on the National Register of Historic Places shall be forwarded to the Architectural Review Board for an advisory opinion with regard to applicable historical and architectural standards, and to the Planning Board for development plan review approval as set forth in § 260-45. In addition to the requirements of § 260-45, the submission requirements of Subsection I shall also apply. On applications requiring a variance or special use permit, development plan review shall be advisory to the Zoning Board of Review.

      [Amended 10-26-2020 by Ch. No. 1997]

    • (2) Where a special use permit is required, the Zoning Board shall find that through legally competent evidence in the record the applicant has met the development standards set forth in Subsection F for roof-mounted and Subsection H for ground-mounted. Requirements of Subsection F and Subsection H may not be varied or waived. Ground-mounted solar installations proposed on lots of record that are nonconforming by area shall also require a special use permit and meet the standards set forth in Subsection F.
    • (3) Signs for solar energy systems shall comply with the Town's sign ordinance. A sign consistent with the Town's sign ordinance shall be required to identify the owner/operator of any ground-mounted system and provide a twenty-four-hour emergency contact phone number. Solar energy systems shall not be used for displaying any advertisement except for identification of the manufacturer or operator of the solar energy system.
    • (4) Substantial modifications to a ground-mounted solar energy system made after issuance of the required building permit shall require approval by the Zoning Official and the Town Planner.
    • (5) Any significant visual change due to material modifications shall require approval of the Planning Board and Architectural Review Board and if applicable, the Zoning Board.
  • F. Development standards for roof-mounted solar energy systems.
    • (1) Solar devices shall be an integrated part of the overall design of the structure. Color, style, shape and proportions of the solar devices should not conflict with the style, shape and proportions of the roof. Flat-roof systems may be set at an optimal angle and elevated, so as to minimize any adverse visual impact.
    • (2) Rooftop solar energy systems must not increase the footprint of the structure.
    • (3) On flat and minimally sloped roofs, solar devices shall be set back from the edge and/or behind architectural features and determined to have no adverse impact.
    • (4) Solar energy systems shall be installed in such a manner to be consistent with state building and fire code.
    • (5) Solar installations shall include appropriate snow and ice guards to avoid the shedding of ice or snow from the roof into a porch, stairwell or pedestrian travel area.
    • (6) Solar installations that also serve as primary building materials (i.e., solar shingles, siding, etc.) shall conform to the manufacturer's installation instructions.
    • (7) All solar installations shall include a well-marked and easily accessible emergency cut-off designed to stop power generated by the installation from being distributed to the structure or utility connection serviced by the installation.
    • (8) Solar installations shall be cleaned and maintained using best practices.
    • (9) All solar energy systems, and accessory equipment, shall be designed to minimize impact on the aesthetic views and historic character of the Downtown District and the Villages of Weekapaug and Watch Hill and the Bradford historic village.

      [Added 10-26-2020 by Ch. No. 1997]

  • G. Dimensional requirements for ground-mounted solar energy systems.
    • (1) Setbacks. All ground-mounted solar energy systems must meet the setback requirements of Article V, Standard Zoning District Dimensional Regulations, and Attachment 10, Schedule of Dimensional Regulations.
    • (2) The area of the array percent coverage shall be considered an impervious surface for purposes of meeting the minimum dimensional standards, maximum percent impervious surface in § 260-19.
    • (3) Height restrictions. Ground-mounted solar installations shall not exceed 12 feet in height as defined in §§ 260-9 and 260-20 as applicable to the highest point of the solar installation, including the top of any support structure or panel. The Zoning Board may allow heights exceeding 12 feet as a special use permit.
  • H. Development standards for ground-mounted solar energy systems.

    [Amended 10-26-2020 by Ch. No. 1997]

    • (1) Applicants proposing ground-mounted solar energy systems shall provide an appropriate buffer to adequately mitigate 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. Choices include, but are not limited to, a fifty-foot wooded buffer, twenty-foot partial landscape screen, ten-foot full landscape screen, or fencing with design and materials that are appropriate to the surrounding natural and built environment. The vegetative buffer surrounding the perimeter of the installation shall consist of plants from Rhode Island native plant database.
    • (2) A security fence shall surround the perimeter of the installation and shall, at a minimum, be constructed pursuant to the National Electrical Code Section 110.31 as amended. The fence shall be of appropriate aesthetic and integrate into the surrounding area and the general character of the area.
    • (3) All ground-mounted solar installations shall be located to take advantage of existing cleared land, and the clearing of forest or woodland shall be avoided. If clearing of forest or woodland is proven to be unavoidable by the applicant, such clearing shall be limited to no more than 30% of the sum of the total area of the solar panels, their buffer area and fencing in all zoning districts except the General Industrial and Light Industrial Zones, and shall be limited to clearing for those purposes. In the General Industrial and Light Industrial Zones, clearing shall be limited to 50% of the sum of the total area of the solar panels, their buffer area and fencing. For the purpose of the 30% or 50% calculation, any land cleared for any purpose within five years prior to submission of the application is deemed uncleared land. The applicant shall provide a complete evaluation of the environmental resources on the site, including but not limited to, the quality and quantity of mature trees and presence of flora and fauna located on the site as well as whether this site is a known habitat for wildlife, including but not limited to birds, deer and coyotes. A determination that clearing of the site will not have an adverse impact on these natural resources or the environment shall also be provided. Botanists, wetland specialists, arborists, wildlife biologists and wildlife ecologists shall be consulted to perform such evaluations and shall be licensed professionals in their field of study. The oral or written opinion of the applicant will not alone be deemed sufficient justification for the requested clearcutting without the input of the experts previously listed. Clearing of natural vegetation shall be strictly limited to what is necessary for the construction, operation, and maintenance of the solar energy systems. Excavation and filling of project sites shall be limited to what is necessary to stabilize the installation area. To the maximum extent practicable, all cleared areas below and surrounding a ground-mounted solar installation shall be maintained in a vegetated state to stabilize soils and prevent erosion.
    • (4) To the maximum extent practicable, all electrical connection and distribution lines shall be located entirely within the structure of the solar installation, underground, or within the structure to which the installation is supplying energy. Electrical equipment between the installation and the utility connection may be above ground if required by the utility.
    • (5) Ground-mounted solar energy systems are not permitted in a flood zone or 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. Ground-mounted solar energy systems located in the Aquifer Protection Overlay District (§ 260-52) shall meet the standards of the Aquifer Protection Overlay District and be designed and installed to ensure that the land beneath the solar energy system is restored after the solar array's installation with appropriate, sustainable and integrated low-growth vegetation that is listed in the University of Rhode Island's native plant database or other primary source to meet the stormwater, groundwater quality, aquifer protection standards and rules as well as firesafety requirements. If soils need to be removed from beneath the system for installation purposes, it shall be stored on site for future reclamation and replanted with grass or low-growth vegetation after decommissioning and removal.
    • (6) Reasonable efforts shall be made to minimize visual impacts by preserving natural vegetation, screening abutting properties, repositioning of systems on other areas of the property, or other appropriate measures. Solar energy systems shall be considered part of the overall design of a site plan or structure. The location, positioning, scale and general aesthetics of a ground-mounted system shall be integrated into the approved site plan.
    • (7) Lighting of solar energy system shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be shielded from adjacent properties.
    • (8) The ground-mounted solar energy system owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief. The owner or operator shall be responsible for the cost of maintaining the solar energy system and any access road(s), unless such road is a public way.
    • (9) All solar energy systems, and accessory equipment, shall be designed to minimize impact on the aesthetic views and historic character of the Downtown District and the Villages of Weekapaug and Watch Hill and the Bradford historic village.
  • I. Development plan review submission requirements. Applications for development plan review shall include, in addition to the requirements set forth in § 260-45, the following:
    • (1) A project narrative, which shall contain a summary of the existing and proposed facility, a description of the facility's context in relation to other uses on the property, neighboring land uses and environmental features, and detail regarding the proposed operation and maintenance of the solar energy system including safety plans;
    • (2) Plans showing existing and proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;
    • (3) Drawings of the solar energy system showing the proposed layout of the system, any potential shading from nearby structures, the distance between the proposed solar collector and all property lines and existing on-site buildings and structures, and the tallest finished height of the solar collector;
    • (4) One- or three-line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods;
    • (5) Documentation of the major system components to be used, including the panels, mounting system, and inverter;
    • (6) An itemized estimate of the cost of decommissioning and removal of the solar energy system;
    • (7) Name, address, and contact information for proposed system installer;
    • (8) Documentation of access, control of the project site and operation and maintenance plan sufficient to allow for construction and operation of the proposed solar energy system.
    • (9) Any memorandum of lease, easement, or utility agreement associated with a solar installation shall be submitted to the Westerly Building Office for record in the Town of Westerly upon approval.
  • J. Abandonment or decommissioning.
    • (1) Any solar energy system that has reached the end of its useful life or has been abandoned shall be removed no more than 180 days after the date of discontinued operations. The property owner or operator shall notify the Zoning Official and the Administrative Officer of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of the following: removal of all solar energy system-related structures, equipment, security barriers, and transmission lines from the site; disposal of all solid and hazardous waste in accordance with applicable disposal regulations; stabilization and revegetation of the site as necessary to prevent erosion. At the time of decommissioning, the applicant shall employ a landscape designer to assess whether any revegetation of the site is necessary.
    • (2) 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 or is not connected to an energy grid or end-user for a one-year period after initial operations commence. If the solar energy system owner or solar energy system operator fails to remove the facility in accordance with the requirements of this section, the property owner or the Town may remove the facility and seek damages for expenses incurred for such removal in accordance with law.
    • (3) At the time of development plan approval of a ground-mounted solar energy system the Planning Board shall require a financial guarantee for the decommissioning and removal of the system and consider the projected life of the system and inflation. Prior to construction, the applicant shall post a bond or cash security with the Finance Director sufficient to cover the cost of removal and restoration of the site. The amount of said bond or security shall be reviewed and approved by the Department of Public Works. The terms of payment and process for release shall be consistent with those established by the Town's Subdivision and Land Development Regulations for the release of a performance guarantee. Release shall not occur until the system is fully removed from the site.