Claremont will be a resilient, energy efficient community able to adapt to and mitigate the effects of local, regional and global changes by creating and implementing comprehensive, sustainable and regenerative energy policies for all. (From the Claremont 2017 Master Plan)

(Ord. No. 583, § 1, 7-28-2021)

This solar collection system ordinance is enacted in accordance with RSA 674:17(I)(j) and the purposes outlined in RSA 672:1-III-a as amended. The purpose of this article is to:

(1)

Accommodate solar energy collection systems and distributed generation resources in appropriate locations, while protecting the public's health, safety and welfare;

(2)

Regulate the implementation of solar energy systems in accordance with the recommendations stated in the Energy Chapter of the Claremont Master Plan.

(3)

Promote environmental sustainability while respecting the characteristics and landscape of Claremont.

(4)

Support the State of New Hampshire's goal of developing clean safe, renewable energy resources as provided for in the statutes referenced above.

The city intends to facilitate the State and National goals of developing clean, safe, renewable energy resources in accordance with the enumerated polices of NH RSA 374-G and 362-F that include national security, economic and environmental sustainability.

(Ord. No. 583, § 1, 7-28-2021)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Solar access: Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties.

Building integrated photo voltaic (bipv) systems: A solar energy system that consists of integrating photo voltaic modules into the building structure, such as solar shingles on the roof or the facade and which does not alter the relief of the roof.

Collective solar: Solar Installations owned collectively through subdivision homeowner associations, co-housing, other similar arrangements.

Net metering: A billing mechanism authorized by NH RSA 362-A and corresponding regulations, which credits solar customers for surplus electricity that they generate and deliver back to the grid, and which allows these customers to pay only for their net electricity usage during the applicable billing cycle.

Qualified solar installer: A NH licensed electrician who has specialized knowledge and corresponding skills related to the installation, construction, and operation of solar electrical equipment, and who has received safety training on the hazards involved with solar installation.

Rated nameplate capacity: Maximum rated alternating current ("AC") output of solar collection system based on the design output of the solar system.

Solar collection system: (or "solar energy system") Includes all equipment required to harvest solar energy to generate electricity. The Solar Collection System includes storage devices, power conditioning equipment, transfer equipment, and parts related to the functioning of those items. Solar Collection Systems include only equipment up to (but not including) the stage that connection is made to the utility grid or site service point. A Solar Collection System may be allowed by right or authorized by a Conditional Use Permit.

Solar energy: Radiant energy provided by the sun that can be collected in the form of heat or light by a solar collector.

Solar land coverage: is defined exclusively for the purposes of calculating the footprint of the land area occupied by the components of a solar array. The Solar Land Coverage is the land area that encompasses all components of the solar collection system including but not limited to mounting equipment, panels and ancillary components of the system. This definition does not include access roads or fencing and is not to be interpreted as a measurement of impervious surface as it may be defined in this ordinance.

Solar skyspace easement: A recorded easement pursuant to NH RSA 477:51 sufficient to create a Solar Skyspace easement. (See Appendix B)

Solar storage battery: A device that reserves energy for later consumption that is charged by a connected solar connection system.

Solar thermal systems: System converts solar radiation to thermal energy; system directly heats water or other liquid using sunlight; used for such purposes as space heating, cooking, domestic hot water and heating pool water.

LOCATION

Roof mount: A solar collection system that is structurally mounted to a roof or attached to a building (including carports and other parking structures). The system shall be no taller than 5 feet above the ridge line of the roof and shall not extend beyond the building footprint more than five (5) feet. The system may include limited accessory equipment that is ground-mounted. For purposes of calculating array sizes or solar land coverage under the solar definitions in this section, roof or building mounted portions shall not be included if the system is made up of both roof or building and ground mounted systems. The building inspector will require information demonstrating that the roof or building can support the solar energy system, deadload and uplift calculations with additional supports if necessary.

Ground mount: A solar collection system and associated mounting hardware that is affixed to or placed upon (such as ballasted systems) the ground including but not limited to fixed, passive or active tracking racking systems.

USE DEFINITIONS

Residential solar: Any ground mounted or roof mounted solar collection system primarily for on-site residential use, and consisting of one or more free-standing, ground or roof mounted, solar arrays or modules, or solar related equipment, intended to primarily reduce on-site consumption of electric utility power and with a rated nameplate capacity of 10 kW AC or less and that is less than 500 square feet solar land coverage.

Electric utility: A company in the electric power industry that engages in electricity generation and distribution for sale generally in a regulated market.

Agriculture solar (accessory): A solar energy system for on-site agricultural use consisting of one or more ground-mounted or roof/building-mounted solar arrays or modules, or solar related equipment. It shall be intended to reduce on-site consumption of utility power and without a limit to the rated nameplate capacity or solar land coverage, provided the existing agricultural use is preserved.

Agriculture solar (primary): A mixed use of property for a solar energy system and agricultural use. The solar energy system is designed to primarily serve off-site uses and consisting of one or more ground-mounted solar arrays or modules, or solar related equipment, regardless of the rated nameplate capacity and solar land coverage, provided the existing agricultural use is preserved at the time of installation.

Community solar: Local solar facility shared by multiple residential community subscribers who receive credit on their electric bills. The system is intended to reduce on site consumption of utility power and consists of one or more free-standing, ground mounted solar collection systems regardless of nameplate capacity that is up to 100 kW AC and that is less than 1 acre of solar land coverage.

Commercial solar: A use of land that consists of one or more free-standing, ground mounted, solar energy systems regardless of rated nameplate capacity and solar land coverage. Solar energy system shall be authorized by Conditional Use Permit (CU) as a principal use.

a.

Commercial Solar (Accessory) - A solar energy system for on-site commercial use, and consisting of one or more free-standing, ground or roof/building-mounted, solar arrays or modules, or solar related equipment, intended to reduce on-site consumption of utility power. This commercial solar capacity will be up to 100 kw AC and have 1 acre or less of solar equipment coverage.

b.

Large Commercial Solar - A use of land that consists of one or more free-standing, ground mounted solar collection systems with a rated nameplate capacity of between 100 KW AC and 5 MW AC that is between 1 and 25 acres in solar land coverage.

c.

Industrial Solar - A use of land that consists of one or more free-standing, ground mounted solar collection systems up to 30 MW nameplate capacity that is between 25 acres and 50 acres in solar land coverage.

d.

Utility Solar - A use of land that consists of one or more free-standing, ground mounted solar collection systems up to 30 MW nameplate capacity that is over 50 acres in solar land coverage.

e.

Solar Power Generation Station - Any solar collection system that is over 30 MW AC in nameplate capacity. In no case shall a Solar Power Generation Station exceed 150 acres.

Shared solar: A solar energy system that serves residences and/or commercial/industrial structures situated on two or more contiguous lots. The system is considered accessory to the uses on each of the lots that it serves.

(Ord. No. 583, § 1, 7-28-2021)

(1)

Setbacks. All solar energy systems, including the panels, shall be considered structures and shall comply with building setback requirements in accordance with the Dimensional and Density Requirements, as applicable, unless modified elsewhere in this Ordinance. For tracking systems, the setback shall be measured from the point and time where the array is closest to the lot line. No portion of a system may cross into the setback.

(2)

Solar panel locations. Ground mounted solar systems are not allowed in Residential front yards and Viewsheds as defined in section 22-803(15).

(3)

Height. For roof or building-mounted systems located in any residential zoning districts, the maximum height for any part of the system is five (5) feet above the ridge of the roof or five (5) feet above the highest part of the roof where there is no ridge. The maximum height for a ground-mounted system shall comply with the height restrictions in accordance with the requirements of the underlying district, as applicable, unless modified elsewhere in this Ordinance.

(4)

Glare. Solar energy systems shall be sited in a manner that will minimize impact due to glare or reflected heat on neighboring or adjacent structures.

(5)

Signs. All signs are prohibited, except for manufacturer identification, contact information for the owner/operator and proper warning signs. All shall meet the Claremont Sign Ordinance.

(6)

Code compliance. The solar energy system shall comply with all applicable sections of the International Building Code, National Electric Code, National Fire Protection Association 1, as amended by the State of New Hampshire. Appropriate signage alerting the presence of roof mounted photovoltaic panels is required.

(7)

Visual impacts. It is inherent that solar energy systems may pose some visual impacts due to the size and/or number of arrays in a particular installation. It is the responsibility of the applicant to minimize the visual impacts for surrounding neighbors and the community. Visual impacts are to be addressed in the Conditional Use Permitting Process.

(8)

Lot coverage. Ground-mounted solar energy systems shall be considered as part of the maximum required lot coverage limitations and shall not be considered impervious surface. Impervious surface limitations as related to stormwater management for solar energy systems shall be addressed in accordance with applicable provisions of the Site Plan Review Regulations.

(9)

Landscaping. The following landscaping requirements shall apply to commercial and agricultural (primary) solar energy systems constructed under this ordinance.

a.

Solar energy systems shall, where practical, be landscaped with a buffer of plant materials that effectively screens the view of the solar system compound from adjacent streets and residential property. The standard buffer shall consist of a landscaped strip at least ten (10) feet wide outside the perimeter of the compound. Natural vegetation is preferred.

b.

In locations where the visual impact of the system would be minimal, the landscaping requirement may be reduced or waived entirety.

c.

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible.

(10)

Noise. Noise levels at the property line shall be in accordance with the Noise Control requirements, Article II, Sections 11-27, 11-33 and 11-35 of the Claremont City Code.

(11)

Stormwater. Ground mounted systems that are required to secure a New Hampshire Department of Environmental Services Alteration of Terrain (AoT) Permit in accordance with NH RSA 485:17 shall secure such permit accordingly.

a.

A permit issued by NH DES shall be incorporated by reference into the final city approval and shall be enforceable by the City in accordance with the Zoning Ordinance.

b.

No further local review of stormwater and erosion control shall be required where a project is required to secure the NH DES AoT Permit.

c.

All ground mounted systems shall be constructed in accordance with Best Management Practices for erosion and sedimentation control during the pre-construction, construction and post- construction restoration period.

d.

Post construction: For purposes of enhancing natural stormwater management, site conditions and plantings post-construction shall include restoration of those areas of soil compaction to natural conditions. Plantings shall be native species and are recommended to become a beneficial habitat to song birds, pollinators and/or foraging species in order to maintain a healthy surface and subsurface habitat that can attenuate stormwater on the site.

(12)

Lighting. On-site lighting shall be minimal and limited to access and safety requirements only. All lighting shall be downcast and shielded from abutting properties in accordance with Claremont Lighting requirements.

(13)

Roads. New access roads to solar projects shall meet the minimum requirements of the current NH Department of Transportation Standard Specifications for road and bridge construction and, in addition to any review required for the solar installation, shall be reviewed and approved by the City Department of Public Works and/or a contracted engineering firm.

(14)

Screening.

a.

A device or materials used to conceal one (1) or more elements of a site from other elements or from adjacent or contiguous sites. Screening may include one (1) or a combination of the following materials of sufficient mass to be opaque or which shall become opaque after twelve (12) months and which shall be maintained year- round in an opaque condition: walls, fences, berms or plantings.

b.

All applications shall include a plan demonstrating how the proposed ground- mounted solar installation will be incorporated into the local landscape so that effective screening is provided along public ways and from abutting views. The use of evergreens is recommended. The use of existing or created topography is encouraged to reduce visual impacts.

(15)

Viewsheds. A geographical area of exceptional views from any public land or public right of way. Viewsheds include scenic landmarks identified in the Claremont Master Plan, and may include ridgelines like the East Green Mountain Road, Foisey Hill, Arrowhead, and Bible Hill ridgelines.

(16)

Viewshed Visibility Analysis. An analysis conducted using a GIS tool that shows the level of visibility the commercial solar collection system would have from multiple locations. This analysis may be required by the Planning Board as outlined in section 22-808.

(17)

Ridge Line Protection. Solar arrays may not be placed along natural topographical ridgelines that are prominently visible from public land, public waterway or public right of way; such ridgelines do not have a topographical backdrop so that the sky is visible beyond the ridge.

(Ord. No. 583, § 1, 7-28-2021)

(1)

General. Any person seeking to construct or to carry out a commercial, commercial (accessory), agricultural (primary), or shared solar energy system shall apply to the planning board for site plan review in accordance with the requirements set forth in the Claremont Site Plan Review Regulations. In addition, such applicant shall submit the information required in this Ordinance.

(2)

Building permit. No solar energy system shall be erected, constructed, or installed without first receiving a building permit from the building inspector. Furthermore, a building permit shall be required for any physical modifications to an existing solar energy system.

(Ord. No. 583, § 1, 7-28-2021)

See Appendix A

• P = Use permitted by right with building and electrical permit.

• CUP = Use permitted by Conditional Use Permit.

• X, or Blank = Use prohibited.

(Ord. No. 583, § 1, 7-28-2021)

Solar Collection Systems of any size may be allowed on the following sites:

• Water Treatment Plants: Parcel 84-18

• Wastewater Treatment Plant: Parcel 80-4

• Transfer Station / Capped Landfill: Parcels 137-17 &149-1

• School Facilities: As allowed by the school system

• Active Recreation Fields and City Parks: As allowed by the Parks & Recreation Department.

(Ord. No. 583, § 1, 7-28-2021)

(1)

All ground-mounted residential solar systems shall be located in rear yard between the primary structure and rear lot line.

(2)

Roof mounted solar collection systems of any size are permitted in all zones without a conditional use permit except within the historic district.

(Ord. No. 583, § 1, 7-28-2021)

Requirements for granting a conditional use permit. In addition to the requirements laid out in section 22-803 of this ordinance, the following conditions must be met:

(1)

Conditional use permit criteria. Standards of review: Following a fully noticed public hearing on the proposed use, the planning board may issue a conditional use permit if it finds, based on the information and testimony submitted with respect to the application, that:

a.

The use is specifically authorized as a conditional use;

b.

The development in its proposed location will comply with all applicable requirements of this ordinance and the site plan regulations not otherwise covered in this section, as well as specific conditions established by the planning board.

c.

The use will not materially endanger the public health or safety;

d.

Results of the viewshed analysis (which the planning board may require due to potential visual impacts to the surrounding community or viewshed) demonstrate to the satisfaction of the planning board that the proposed visual impact and the applicant's proposed screening and/or mitigation plan will not have an unreasonable adverse impact upon a viewshed as defined in section 22-803(15).

e.

Required screening shall be maintained during the operative lifetime of the solar collection system conditional use permit and shall not adversely impact ecological systems.

f.

In granting a conditional use permit pursuant to this section, the planning board may impose any reasonable conditions or restrictions deemed necessary to carry out the intended purpose of this ordinance.

(2)

Site plan review regulations applicable. The specific requirements for a conditional use permit in this ordinance shall pre-empt any similar requirement in the site plan review regulations.

(3)

System layout. The applicant shall provide to the planning board the following information as part of its conditional use application:

a.

A detailed sketch or plan showing the installation area of the site.

b.

A detailed sketch of any land clearing or grading and roads required for the installation and operation of the system.

c.

The location of all equipment to be installed on site including utility connection point(s) and equipment. To the maximum extent practical all wiring associated with the utility connection shall be underground.

d.

All equipment locations, except for utility connections, shall comply with required setbacks.

(4)

Equipment specification.

a.

All proposed equipment or specifications must be included with the application.

b.

Such information can be supplied via manufacturer's specifications or through detailed description.

(5)

Emergency response.

a.

The plan shall provide details on emergency access to the site, and the city shall be provided with explicit instructions for how emergency vehicles are to access the site in the event of an emergency.

b.

A narrative or manual for municipal fire department and electric utility detailing response guidance and disconnection locations necessary for fire response shall be provided.

c.

Additional industry guidance documents that provide information about safety procedures for specific equipment on site shall be provided as needed to ensure adequate public safety.

d.

Contact information for the solar collection system owner/operator shall be posted on site at the access way and provided to the municipality and updated promptly.

(6)

Natural resource impacts and buffers.

a.

Solar collection systems shall be visually screened through the preservation of existing vegetation or through a landscaped buffer in accordance with the following:

i.

Plan: The buffering plan shall indicate the location, height and spacing of existing vegetation to be preserved and areas where new planting will be required.

ii.

All solar systems shall have a reasonable visual buffer as required in this ordinance and in the site plan review regulations from public ways and neighboring commercial/residential uses based on the viewsheds, contours of the land and abutting land uses.

iii.

Areas that are within a viewshed as defined in section 22-803(15) shall include additional reasonable mechanisms to mitigate from a continuous and uninterrupted view of the system.

b.

Aesthetics. In determining whether a proposed solar collection system will have an unreasonable adverse effect on aesthetics, the planning board shall consider:

i.

The evaluation of the overall daytime and nighttime visual impacts of the proposed system as described in the viewshed visibility analysis submitted by the applicant (if required by the Planning Board)and other relevant evidence submitted;

ii.

The extent to which the proposed system would be a dominant and prominent feature within a natural or cultural landscape of high scenic quality or as viewed from scenic resources of high value or sensitivity; and

iii.

The effectiveness of the measures proposed by the applicant to avoid, minimize, or mitigate unreasonable adverse effects on aesthetics, and the extent to which such measures represent best practical measures.

iv.

Areas that are within a Viewshed as defined in section 22-803(15) shall include additional reasonable mechanisms to mitigate from a continuous and uninterrupted view of the system.

c.

Fencing shall be installed by the applicant if required by the planning board, building code, electric code, or the electric utility. Additional security or fencing may be required if the location of the system presents a safety concern for abutting land uses.

d.

Agriculture solar (primary) should minimize impacts to farmland activities and prime farmland soils (as defined and delineated by soil survey and definition of NH Natural Resource Conversation Service). Dual use arrangements (solar and farming activities) are encouraged where practical. The applicant should minimize impacts to highest ranked habitat of the NH Wildlife Action Plan.

e.

Land clearing.

i.

Land clearing shall be limited to what is necessary for the installation and operation of the system and to ensure sufficient all-season access to the solar resource given the topography of the land.

ii.

Following construction, cleared land areas must be restored with native species that are consistent with the use of the site as a solar collection system (such as slow growth or low ground cover) and that do not negatively affect the ecosystem.

iii.

Erosion control measures during construction shall be detailed as required in accordance with best management practices.

f.

Additional Requirements for Large Commercial, Industrial and Utility (LC/I/U) Solar:

i.

A detailed pre-construction and post-construction plan identifying existing vegetation and areas to be cleared with specific identification of locations of buffer areas adjacent to neighboring uses and public ways.

ii.

LC/I/U systems that disturb more than 10 acres of previously undisturbed land shall provide a natural resource inventory that details site conditions and habitat and mitigation efforts to reduce impacts to important species and habitat.

iii.

Efforts and practices that can provide for a dual use of the site should be explored if feasible and encouraged where appropriate.

iv.

The applicant shall demonstrate effective stormwater infiltration along with erosion control measures and soil stabilization.

(7)

Electrical requirements.

a.

All systems not connected to the grid shall comply with state and local building codes.

b.

Grid-tied systems shall file a copy of a final approved interconnection with the municipality prior to operation of the system.

(8)

Glare.

a.

The applicant must provide a statement detailing potential significant glare onto abutting structures and roadways, including the interaction of sun to panel angle at all times of year and from all visibility locations.

b.

Based on the above information, the planning board may require reasonable mitigation. Mitigation may include adjustment of angle of panels, securing details on the anti-reflective nature of the panel coating, requiring anti-reflective coatings, or any additional specific screening to minimize resulting impacts.

c.

A glare analysis, demonstrating that there are no adverse impacts to the Claremont Municipal Airport shall be required to be submitted to the city for solar installations exceeding one-half acre and within two nautical miles of the Runway 11-29 ends.

d.

Mitigation through anti-reflective coatings shall have a refractive index equal to or less than 1.30.

(9)

Noise.

a.

The applicant must provide estimates of any equipment noise on the site based on equipment specification materials (such as inverters).

b.

Noise levels at the property line shall be in accordance with the municipal noise ordinance or at reasonable levels given the location of the facility with due consideration to the surrounding land uses and zone.

(10)

Stormwater.

a.

See section 22-803 for ground mounted systems that are required to secure a New Hampshire Department of Environmental Services Alteration of Terrain (AoT) Permit.

b.

Ground mounted systems not requiring NH DES AoT Permit. Where a ground mounted system does not require an AoT permit the following shall apply:

i.

Ground mounted systems that require land clearing and grubbing of mature forested cover to accommodate more than thirty (30) percent of the solar land coverage area, provided such area of clearing and grubbing is also larger than one (1) acre, the proposed system shall include a management plan for stormwater that is directly related to the impact of the solar collection system.

ii.

Ground mounted systems where the solar land coverage area is larger than one (1) acre and located on slopes of greater than five (5) percent shall include a stormwater management plan for the land area impacted by the ground mounted system.

c.

The stormwater management plan shall include the following.

i.

The stormwater study shall take into account the nature of the solar panel installation and how the spacing, slope and row separation can enhance infiltration of stormwater. Percolation tests or site-specific soil information may be provided to demonstrate recharge can be achieved without engineered solutions.

ii.

Additional information, if required by the city planning and development department or the planning board, shall calculate potential for concentrated flows of runoff due to the panels, slope, soil type and the impacts of other true impervious areas (such as equipment pads and roadways).

(11)

Abandonment and decommissioning. Solar collection systems shall be deemed to be abandoned if operations have discontinued for more than six (6) months without written consent of the municipality (such as for reasons beyond the control of the owner/operator). The operator shall inform the city's planning and development office within one week of the date on which the system is shut down or otherwise rendered inoperable. An abandoned system shall be removed and the site restored within 6 months of abandonment.

(12)

Bonding and security insurance. In recognition of the hazards presented by abandoned and unmonitored commercial or agriculture (primary) solar energy systems, the planning board shall set the form and amount of security that represents the cost for removal and disposal of such abandoned facilities in the event that such facility is abandoned and the owner thereof is incapable and unwilling to remove the facility in accordance with section 22-808(11). The planning board shall also require the applicant to submit proof of appropriate liability insurance with respect to the proposed solar energy system, prior to the construction of system.

(Ord. No. 583, § 1, 7-28-2021)

(Ord. No. 583, § 1, 7-28-2021)

SOLAR ORDINANCE
Appendix A

P - Permitted
CUP - Conditional Use Permit

Appendix B to Article X - Solar Ordinance

477:51 Statutory Form of Solar Skyspace Easement. - A recorded instrument in the following form shall be sufficient to create a solar skyspace easement. The authorization of this form shall not preclude the use of other forms for the creation of a solar skyspace easement.

(Form for solar skyspace easement)

___________, of ___________ county, state of ___________, for consideration paid, hereby conveys, grants and warrants to ___________, ___________, of ___________ county, state of ___________, a negative easement to restrict, in accordance with the following terms, the future use and development of the real property of grantor recorded in ___________ registry of deeds, vol.___, page___. The solar energy collector for which solar skyspace is to be protected is on the real property of grantee, which is recorded in registry of deeds, vol.___, page___, at the following locations:

The boundaries of the solar skyspace for the solar collector of grantee are as follows: (Description of boundaries with reference to applicable survey map, if any.)

(Alternative A)

No structure, vegetation, activity, or land use of grantor except utility lines, antennas, wires, and poles shall cast a shadow on a solar energy collector of grantee during the times specified unless such structure, vegetation, activity, or land use exists on the effective date of this easement and is not required to be removed or is excepted by the terms of this instrument. A shadow shall not be cast from 3 hours before noon to 3 hours after noon from September 22 through March 21 and from 4 hours before noon to 4 hours after noon from March 22 to September 21, all times being eastern standard time.

(or)
(Alternative B)

No structure, vegetation, activity, or land use other than those which exist on the effective date of this easement and which are not required to be removed or are excepted by the terms of this instrument shall penetrate the airspace at a height greater than over the real property of grantor. Burdens and benefits of this easement are transferable and run with the land to subsequent grantees of the grantor and the grantee. This solar skyspace easement shall remain in effect until use of the solar energy collector is abandoned, provided it shall remain in effect for a period of at least 10 years, or until the grantee and grantor or their successors in interest terminate it. The solar energy terms used in this instrument are defined in RSA 477:49. The survey map depicting the affected properties and the boundaries of the protected areas of solar skyspace is incorporated by reference as part of this instrument.

Witness ___________hand this________day of ___________, 20___ Witness:

(Here add acknowledgement)