Little Compton City Zoning Code
§ 14-5.14
Solar Energy Systems.
[Added 7-11-2019; amended 6-12-2025]
a.
Purpose. The purpose of this section is to regulate the installation of solar energy systems and promote the safe, effective and efficient use of solar energy systems that are compatible with the neighboring properties and rural character in which they are located, that minimize impacts on scenic, natural, and cultural resources, and provide clean, domestically-sourced alternatives to our existing energy supply.
b. ABANDONMENT ACCESSORY SOLAR ENERGY SYSTEM ACCESSORY-PRINCIPAL AGRICULTURAL SOLAR ENERGY SYSTEM AGRICULTURAL OPERATION ARRAY ARRAY AREA GROUND-MOUNTED SYSTEM KILOWATTS or KW PHOTOVOLTAIC (PV) PRINCIPAL SOLAR ENERGY SYSTEM ROOF-MOUNTED ACCESSORY SOLAR SYSTEM SOLAR ENERGY SYSTEM SOLAR ENERGY SYSTEM SIZE VIRTUAL NET METERING SYSTEM WOODLANDS
Definitions. As used in this section, the following terms shall have the meanings indicated:
Ground-mounted solar energy systems which have not been used for their intended purpose for a period of one year or more.
A solar energy system for electrical or thermal energy generation for the benefit of the owner of the property in support of the primary use of the property. An accessory solar energy system cannot exist without a principal use on the same lot.
A solar energy system or virtual metering system that produces electricity for sale that is on a lot of land enrolled in and classified as "farmland" in the State of Rhode Island's Farm, Forest Open Space program. Accessory-principal agricultural solar energy systems are not permitted without the principal use of an agricultural operation and shall be incidental and subordinate to that principal use.
Any commercial enterprise that has as its primary purpose horticulture, viticulture, viniculture, floriculture, forestry, stabling of horses, dairy farming, or aquaculture, or the raising of livestock, including for the production of fiber, furbearing animals, poultry, or bees, and all such other operations.
The entire group or section of PV panels.
The total area occupied by the solar panel array, including panel area and interpanel spaces.
A solar energy system that is structurally appended to the ground and is not supported by a structure or building.
A measure of 1,000 watts of electrical power.
Panels are solar panels designed to absorb sunlight as a source of energy to generate electricity. Panels are comprised of a series of solar cells, using the photovoltaic process.
Any solar array/solar energy system, interconnected with a public utility electrical distribution system that is the primary use of a lot or lots, designed for commercial generation of power that is sold.
A solar energy system that is structurally appended to the roof of a building or structure, for the purpose of electrical or thermal energy generation. A roof-mounted accessory solar system cannot exist without a principal use on the same lot.
The equipment and requisite hardware that provide and are used for collecting, transferring, converting, storing or using incident solar energy for water heating, space heating, cooling, manufacturing and generating electricity, or other applications that would otherwise require the use of a conventional carbon based source of energy such as petroleum or natural gas. This shall include photovoltaic arrays and installations that utilize roof-mounted and/or ground-mounted systems.
The total area of the solar/collector panels in a solar energy installation, measured as the length multiplied by width, and inclusive of inter-row spacing and solar panel/collector spacing, as well as spacing between solar panel/collector and any security fencing.
A system owned by a town or municipality that is remote from the municipal building it serves.
A dense growth of trees, including young regenerating forest, which has been established either through natural regeneration or planting.
c.
Applicability. The provisions of this section shall apply to the expansion of any existing solar energy system and the construction of any new solar energy system undertaken after the adoption of this section.
d.
Application requirements.
1.
Prior to the installation of a solar energy system, the property owner or installer shall receive a building permit from the Building Official. An application for a solar energy installation shall be made on the Single Statewide Solar Building and Electric Permit Application for all sizes of solar projects that are submitted to the Building Official.
2.
The Building Official will determine if the proposed system, whether roof-mounted or ground-mounted, meets all of the applicable dimensional standards of this section, or if a dimensional variance is required.
3.
Roof-mounted systems are considered separate from, and shall be reviewed for compliance independently of, ground-mounted systems on the same lot. In the event that the system is comprised of both a roof-mounted system and a ground-mounted system, both systems shall be included in the same application.
e.
Review procedure.
1.
Accessory solar systems.
(a)
Accessory solar energy systems that are ground-mounted systems with a solar energy system size equal to or less than 1,000 square feet and roof-mounted accessory solar systems of any solar energy system size are permitted by right in all zoning districts unless located within historically critical areas described in § 14-5.14e4.
2.
Accessory-principal agricultural solar energy systems. All accessory-principal agricultural solar energy systems require a special use permit (§ 14-9.5) and development plan review by the Planning Board.
3.
Principal solar energy systems. All principal solar energy systems require a special use permit (§ 14-9.5) and major plan review by the Planning Board.
f.
Prohibitions.
1.
Principal solar energy systems are prohibited in the Residential Zone.
2.
Ground-mounted solar energy systems and any associated equipment or structures shall not be allowed on land held under conservation easement or land for which the development rights have been sold, transferred, or otherwise removed from the parcel, unless the conditions of the existing easement, existing deed, or other existing applicable legal document specifically allow the installation of a solar energy system.
3.
Ground-mounted solar energy systems and any associated equipment or structures shall not be located within 100 feet of any freshwater or coastal wetland as defined by the Rhode Island Department of Environmental Management and/or the Coastal Resources Management Council.
g.
Dimensional standards.
1.
A minimum front setback of 300 feet and side and rear setbacks of 100 feet are required for accessory-principal agricultural solar energy systems that are ground-mounted systems.
3.
A ground-mounted solar energy system shall not exceed 12 feet in height, as measured from the natural grade to its highest point, including the top of any support structure or panel when adjusted to its highest seasonal position.
4.
The solar energy system size of ground-mounted systems shall count towards the maximum lot coverage calculation for the zoning district in which the system is located, as set forth in § 14-4.1.
5.
Solar collectors or panels which are mounted on the roof of a building are exempt in the calculation of the building's height, but may not extend above the highest point of the roof, regardless of its total height, by more than one foot unless a dimensional variance is obtained. In no case shall a solar panel extend beyond the edge of the roof. In addition, the distance between the surface of the roof and the upper surface of the solar panels shall not be more than four feet, i.e., the panel shall not be higher than four feet above the plane of the roof.
h.
Performance standards for all solar energy systems.
i.
Performance standards for ground-mounted solar energy systems.
1.
Clearing of natural vegetation shall be strictly limited to what is necessary for the construction (drainage, retention ponds, mechanical storage, etc.), operation and maintenance of the solar energy system. In no case shall more than 20% of the area inclusive of inter-row and panel/collector spacing covered by the solar panels, be on cleared woodlands. In no case shall the total area of cleared woodland exceed 20,000 square feet.
2.
On-site drainage management and erosion and sedimentation control shall conform to the latest Rhode Island Stormwater Design and Installation Standards manual, and the Rhode Island Soil Erosion and Sediment Control Handbook, as well as applicable Town regulations.
3.
The land beneath the solar energy system should be seeded after installation with low-growth vegetation suitable for agricultural grazing and/or pollinator habitat. The opportunity to utilize this area for additional economic and ecological benefit should be explored. Design and maintenance of solar energy systems should encourage minimal use of herbicides. No topsoil shall be removed from the site. Gravel and/or stone shall not be used as the ground cover.
4.
Anchor footing types shall be used, so as to minimize disturbance of the soils during installation, and facilitate post-use restoration.
5.
All utility connecting lines from the solar energy system shall be placed underground.
6.
Lighting of the solar energy system shall be limited to that required for safety and operational purposes. All site lighting shall be directed downwards and incorporate full cutoff fixtures to reduce light pollution and confine the light footprint to the solar energy system site.
7.
Access to the solar energy system shall be designed to prevent unauthorized access subject to the review and approval of the Planning Board as well as the Director of Public Works and the Fire Marshal.
8.
The solar energy system design shall incorporate appropriate landscaping and design elements to visually screen the installation from view of public roads and abutting properties. Vegetative buffers are to be composed of plant materials listed in the University of Rhode Island's native plant database, with a preference for pollinator-friendly materials to the maximum extent practicable.
j.
Abandonment and removal.
1.
Owners of all ground-mounted principal solar energy systems and accessory-principal agricultural solar energy systems which have not been used for their intended purpose for a period of one year or more shall provide notice to the Town of this lack of use and be considered abandoned and shall be dismantled, removed and the site shall be restored at the owner's expense. Stabilization and revegetation of the site may be required to prevent erosion and/or reestablish original habitat of the property.
2.
The owner shall remove, or cause to be removed, the solar energy system within 120 days of receipt of notice from the Building Official.
3.
The applicant for a ground-mounted principal solar energy system shall post a bond or cash security with the Town sufficient to cover the cost of removal and restoration of the site prior to the issuance of a building permit for the solar energy system. The amount of said bond or security shall be determined jointly by the Building Official and the Planning Board as part of the major plan review.