Section 880-RICR-00-00-4.14 - Renewable Energy SystemsA. Wind Energy Systems 1. The purpose of this Section is to regulate Wind Energy Systems (WES) and to promote the safe, effective and efficient use of WESs.2. Application for a WES - No WES shall be erected, constructed or installed without Development Plan Review approval. In addition to application requirements listed in the appropriate checklists, the application shall include:a. Location of the proposed WES and associated equipment.b. Location, dimensions and types of existing structures on the property or adjacent properties within 1.5 times of the WES height utilizing the most recent aerial photography.c. The location and height of any overhead utility lines within 1.5 times of the proposed WES height.d. The proposed limits of vegetation clearing.e. Building envelope setbacks.f. WES foundation plans and specifications stamped by a Rhode Island Professional Engineer.g. Specifications, including manufacturer and model, rotor diameter, tower height and tower type.h. A description or plan of electrical plan components in sufficient detail to allow for a determination that the manner of installation conforms to 510-RICR- 00-00-1.i. Evidence of compliance with or non-applicability of Federal Aviation Administration requirements.j. WES that will be connected to the power grid shall include a copy of the application for interconnection with the electrical utility provider, and if available, a copy of the interconnection agreement.k. Any Met Tower, Lidar, Sodar or other applicable wind data that has been used in determining the feasibility of the SWES.l. Operation and Maintenance plan for maintenance of access roads and storm water controls, as well as general procedures for operational maintenance of the WES.m. Evidence that the applicant is procuring liability insurance in an amount and for the duration sufficient to cover loss or damage to persons and structures occasioned by the failure of the WES. The applicant shall provide evidence of liability insurance prior to obtaining a building permit.3. WES Approval Standards b. The minimum setback of the WES from the property line shall be the height of the nacelle.c. Advertising signage may not be attached to a WES, but may be painted on. This restriction does not apply to signs necessary for public safety purposes as required by a duly authorized regulatory authority.d. A non-reflective exterior color designed to blend with the surrounding environment is required.e. The applicant shall demonstrate through project site planning and proposed mitigation that the WES has minimal impacts on the character of surrounding neighborhoods and the community. This may include, but not be limited to, information regarding site selection, shadow flicker, turbine design or appearance, ice throw, buffering, screening, sound, or lighting. All electrical conduits shall be underground.f. The owner of the property where a WES is located shall be required to obtain a demolition permit and remove and properly dispose of the structure within 180 days of its abandonment, which shall be defined as the ceasing of the continuous production of electricity for longer than two (2) years.4. Emergency Services a. The wind installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local fire chief. Upon request the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the WES shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.B. Solar Facilities 1. The purpose of this section is to promote the creation of rooftop and ground-mounted solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources and to provide adequate financial assurance for the eventual decommissioning of such installations.2. Applicability - This section applies to new or modified solar photovoltaic installations that materially alter the type, configuration or size of these installations or related equipment. Development of these facilities as part of parking areas is encouraged and any alterations to parking lot design required to develop a ground-mounted solar array shall ordinarily be considered minor variances pursuant to §4.5.2(B) of this Part.3. Application for a Solar Array - Pursuant to the site plan review process, the project proponent shall provide the following documents: a. Plans of the solar photovoltaic installation signed by a Professional Engineer licensed to practice in the State of Rhode Island showing the proposed layout of the system and any potential shading from nearby structures;b. Rooftop array application requires certification by Rhode Island licensed Professional Engineer that the roof is structurally sound and can support the weight and wind loads of the roof mounted equipment;c. One- or three-line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;d. Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;e. FAA approval or statement of non-applicability;f. An operation and maintenance plan;g. Proof of liability insurance.4. Utility Notification - No large-scale solar photovoltaic installation shall be constructed until evidence has been given to the QDC that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar photovoltaic installation owner or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.5. Dimensional Requirements for setbacks a. For large-scale ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be as listed in Table 4, § 4.10 of this Part. b. For rooftop arrays, setback from the roof edge shall comply with 510-RICR- 00-00-1.6. Appurtenant Structures - All appurtenant structures to solar photovoltaic installations shall be subject to reasonable regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts.7. Design Standards a. Lighting - Lighting of solar photovoltaic installations shall be consistent with § 4.13.4 of this Part. 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 reasonably shielded from abutting properties. b. Signage - Signs on solar photovoltaic installations shall comply with § 4.12.1 of this Part. A sign consistent with § 4.12.1 of this Part shall be required to identify the owner and provide a 24-hour emergency contact phone number. Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.c. Utility Connections - Reasonable efforts, as determined by the QDC, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.8. Emergency Services a. The solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local fire chief. Upon request the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.9. Monitoring and Maintenance a. The solar photovoltaic installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, mowing, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Medical Services. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s). All material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval by the QDC.10. Abandonment or Decommissioning a. Abandonment - Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one (1) year without the written consent of the QDC. b. Removal Requirements - Any solar photovoltaic installation which has reached the end of its useful life or has been abandoned shall be removed. The owner or operator shall physically remove the installation no more than 180 days after the date of discontinued operations. The owner or operator shall notify the QDC by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of: (1) Physical removal of all solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site.(2) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.(3) Ground mounted arrays: stabilization or re-vegetation of the site as necessary to minimize erosion. The QDC may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.880 R.I. Code R. 880-RICR-00-00-4.14
Amended effective 11/27/2018