[Added 11-6-2017 by Ord.
No. 873; amended 2-27-2023 by Ord. No. 913]
A.
The purpose of the article is to establish protocols for the construction
and operation of solar energy systems (SES) in the Town of East Greenwich,
subject to reasonable conditions that will protect the public health,
safety, and welfare.
B.
This article divides SES into two general categories: 1) SES affixed
to buildings or structures, known as "building-integrated systems
(BIS)" or "building-mounted systems (BMS);" and 2) "ground-mounted
systems (GMS)," which are not affixed to buildings, but are instead
affixed to the ground. BIS and BMS are permitted with less regulation
and a less extensive review process than GMS. GMS is further divided
into three subcategories: a) accessory system installations; b) minor
system installations; and c) major system installations, based on
the extent of the proposed GMS. The review process and regulation
for the GMS vary depending on the applicable subcategory. Each of
these terms are defined in further detail below.
As used in this article, the following terms shall have the
meanings indicated:
Any ground-mounted solar energy system installation that
does not qualify as either a major system installation or minor system
installation, is designed to primarily service the property on which
the solar installation is located, and the output does not exceed
25kW.
A solar energy system that is constructed as an integral
part of a principal or accessory building or structure and where the
building-integrated system features maintain a uniform profile or
surface of vertical walls, window openings and roofing. Such a system
is used in lieu of a separate mechanical device replacing or substituting
for an architectural or structural component of the building or structure
that appends or interrupts the uniform surfaces of walls, window openings
and roofing. A building-integrated system may occur within vertical
facades replacing view glass, spandrel glass or other facade material
into semitransparent skylight systems, into roofing systems replacing
traditional roofing materials or other building or structure envelope
systems.
A solar energy system that has its electricity-generating
solar panels attached to any part or type of roof on a building or
structure that has an occupancy permit on file with the municipality
and that is either the principal structure or an accessory structure
on a recorded parcel. This system also includes any solar-based architectural
elements and building-integrated systems.
A solar energy system that has its electricity-generating
solar panels mounted on a structure, pole or series of poles constructed
specifically to support the system and not attached to any other structure.
Ground-mounted systems (GMS) fall into three categories: a) major
solar system installations, b) minor solar system installations, and
c) accessory solar system installations, as defined below.
Any ground-mounted solar energy system installation that
meets one of the following criteria: a) a solar installation with
an output exceeding 25kW; or b) a solar energy system with lot coverage
that exceeds 40% of the net buildable area (i.e., the total area of
the applicable lot, minus setbacks, vegetated buffers, and wetlands).
Any ground-mounted solar energy system installation that
does not qualify as a major solar system installation and meets one
of the following criteria: a) the solar energy system installation
is designed primarily to sell electricity to a utility supplier; or
b) a solar energy system with a footprint that exceeds 5,000 square
feet; or c) a solar energy system with lot coverage that exceeds 20%
of the net buildable area (i.e., the total area of the applicable
lot, minus setbacks, vegetated buffers, and wetlands), but does not
exceed 40% of the net buildable area.
All equipment, machinery and structural features designed
and intended for converting solar energy (sunlight) into electricity;
includes all facilities involved in the collection, storage, and distribution
of solar energy.
A.
This article applies to all solar energy systems (SES) installed
and constructed after the effective date of this article.
B.
SES constructed prior to the effective date of this article are
not required to meet the requirements of this article.
C.
Any upgrade modification or structural change that materially alters
the size or placement of an SES shall comply with the provisions of
this article.
A.
Location.
(1)
All ground-mounted system installations are prohibited in the Downtown East Greenwich Historic District Overlay Zone but may be permitted on properties located in the Tillinghast Road Historic District Overlay Zone and on properties covered by historic zoning as outlying properties (see Article XI of the Zoning Code).
(2)
Building-mounted or building-integrated systems may be allowed
at the discretion of the Historic District Commission in all Historic
District Overlay Zones building-mounted or building-integrated systems
shall be allowed by right in all other zones.
B.
Exemptions. Nothing herein shall preclude the Town of East Greenwich
from installing ground-mounted or other solar energy systems on any
Town-owned or controlled property regardless of zoning district.
C.
Compliance with laws, ordinances and regulations. The construction
and operation of all solar energy system installations shall be consistent
with all applicable local, state and federal laws, ordinances, regulations
and requirements, including, but not limited to, all applicable safety,
construction, electrical and communications requirements. All buildings
and fixtures forming part of a solar energy system installation shall
be constructed and maintained in accordance with the Rhode Island
Building Code and Electrical Code.
D.
Building permit and building inspection. No solar energy system installation
shall be constructed, installed or modified without first obtaining
a building permit and shall be subject to periodic inspections as
deemed necessary by the building official.
E.
Fees. All applicable fees, including, but not limited to, a building
permit fee, planning and zoning board review fees, as provided for
herein or in the Code of Ordinances for the Town of East Greenwich,
shall be paid prior to the issuance of any building permits.
F.
Plans and surveys. All plans related to design, construction, installation
or modification of a solar energy system installation shall be prepared,
signed and stamped by either a professional engineer, surveyor (for
property line information), or landscape architect (for landscape
information) licensed to practice in the State of Rhode Island.
The following standards shall apply to all applications:
A.
Accessory solar energy system installation. Except as prohibited pursuant to § 260-122A(1), an accessory system installation is permitted in all other zones, provided such solar installation:
(1)
Shall meet all applicable zone requirements, including, but
not limited to, lighting, setbacks, signage, and height; and
(2)
Shall require a building permit after submission and approval
of layout and design. Any memorandum of lease, easement, or utility
agreements must also be submitted for review, and shall be recorded
in land evidence in the Town of East Greenwich upon approval; and
(3)
Shall be in compliance with RI State Building Code and the RI
State Electrical Code; and
(4)
Where applicable, shall have gained approval by the Historic
District Commission.
B.
Major and minor solar energy system installations. Major and minor
system installations shall be allowed in the CH, M/LI-O, PD, and MUPD
Zones. Such installations shall not be permitted in any other zones
and shall be subject to the following:
(1)
Minor solar system installations shall require Minor Land Development
approval from the Planning Board and a special use permit from the
Zoning Board of Review, pursuant to RIGL § 45-23-61.
(2)
Major solar system installations shall require Major Land Development
approval from the Planning Board and a special use permit from the
Zoning Board of Review, pursuant to RIGL § 45-23-61.
(3)
All major and minor system installations shall adhere to the
following:
(a)
Design standards. Major and minor system installation applications
shall include the proposed site layout and any landscape changes,
a diagram of electrical components, a description of the system components
to be used, an operation and maintenance plan, a decommission plan,
proof of liability insurance, the contact information for the project
contractors, and utility approval where applicable (following completion
of the utility company's review and approval of an impact study).
Additional documents may be required by the Planning Board or by the
Zoning Board of Review during the course of the applicable Board's
review.
(b)
Land evidence. Any memorandum of lease, easement, or utility/distribution
agreements shall be submitted with the major or minor system installation
application and shall be recorded in land evidence in the Town of
East Greenwich after all Planning Board and Zoning Board of Review
approvals are received.
(c)
Setbacks and height. Any major and minor solar system installations
must meet all height, lot coverage, and minimum front, side, and rear
yard requirements in the applicable zone, and must additionally maintain
a twenty-foot vegetated buffer from all adjacent properties and roadways.
(d)
Code requirements. All installations shall be in compliance
with the Rhode Island State Building Code and the Rhode Island State
Electrical Code and shall be subject to periodic inspections by the
East Greenwich Building Official. All relevant installation components
must have a UL listing or equivalent.
(e)
Electrical. All electrical connection and distribution lines
within the installation shall be underground or located entirely within
a structure. Electrical equipment between the installation and the
utility connection may be aboveground if required by the utility.
(f)
Security. A fence shall surround the perimeter of any installation
unless adequate property perimeter fencing already exists to the satisfaction
of the Planning Board. Said fencing shall be no less than seven feet
in height nor greater than 10 feet in height.
(g)
Emergency access. Reasonable accessibility for emergency service
vehicles shall be required.
(h)
Signage. No signs are allowed on the security perimeter fencing
except for a sign displaying the installation name, address and emergency
contact information, and trespassing/warning/danger signs to ensure
the safety of individuals who may come in contact with the installation.
No sign shall exceed four square feet in area.
(i)
Lighting. Lighting of solar energy systems and appurtenant structures
shall be limited to that required for safety and operational purposes
and shall be reasonably shielded from abutting properties. Such lighting
shall be directed downward and incorporate cutoff fixtures to reduce
light pollution.
(j)
Abandonment or decommissioning. It is the responsibility of
the parcel owner to remove all obsolete or unused systems within six
months of cessation of operations. Reusable components are to be recycled
whenever feasible. Physical removal of solar energy systems, structures
and equipment shall include stabilization or revegetation of the site
as necessary to minimize erosion.
(k)
Operations and maintenance. When an applicant makes submission
to the Planning Board, he or she shall include an operations and maintenance
plan for the solar energy system. It shall include provisions for
emergency shutdown and shall provide for maintaining contact information
for a responsible party for the public and agents of the Town to contact
with inquiries or concerns throughout the useful life of the system.
Such plan shall also provide detailed information regarding any chemicals,
solvents or other compounds used to clean or otherwise maintain the
solar panels and provide information on their storage, disposal and
handling.
(l)
Financial security. The Planning Board may require a financial
security instrument covering the entire solar energy system from commencement
of operations through decommissioning. Such instrument may be cash
held in escrow or a surety bond or other form acceptable to the Town.
The security must be sufficient to cover the complete cost of removal
and disposal of the system. The applicant shall submit a fully inclusive
estimate of the costs associated with removal, at the end of the useful
life of the facility, prepared by a qualified engineer licensed in
the State of Rhode Island.
C.
Building-mounted and building-integrated solar energy system installations.
Building-mounted or building-integrated system installations shall
be allowed by right in all zones, provided that the system is otherwise
compliant with all generally applicable requirements of the building
code and zoning ordinance, and provided, further, that Historic District
Commission review and approval is required for all such systems to
be located within any Historic District.
