A Solar Ordinance that is Fair

The Exeter Planning Board has drafted a Solar Ordinance Amendment (Draft #8) that will permit utility scale solar systems in residential zones, including farms, that is consistent with Exeter’s Comprehensive Plan, It will protect the property rights of the abutters while permitting farmers and other property owners town-wide to supplement their income while preserving the farms, forests, fields, wild life habitat, and scenic vistas. Exeter is at the forefront with the development of this ordinance that can fairly and effectively locate and regulate utility scale solar systems. This ordinance can be a model for other towns to emulate in developing their own solar ordinances.

Rhode Island’s rural towns have suddenly been inundated with applications for utility scale solar systems almost exclusively located in residential zones. In rural towns like Exeter the availability of large size lots and open space and especially farms have become attractive locations for utility scale solar systems. The fields, farms, forests and open space that define Exeter’s unique rural and agricultural character and “sense of place” are almost exclusively located in the residential zones.

The Exeter Planning Board’s earliest draft solar ordinances were in response to the inadequacy of the existing ordinance which did not address very large utility scale solar systems. These large solar systems were not anticipated when the existing ordinance was written. Also because these large solar systems are industrial/commercial for profit type uses they were prohibited in residential zones and were inconsistent with the Comprehensive Plan. The earliest draft ordinances reflected those concerns but were an all-or-nothing type of approach. In response to property owners concerns, especially farmers, the Planning Board as it progressed through several drafts strived for a proper balance of utility scale solar systems that could be appropriately located and regulated in residential zones, and also yield a substantial economic gain while preserving Exeter’s rural character. Draft #8 provides an ordinance that is consistent with the Comprehensive Plan, doesn’t negatively impact abutters and allows them to be part of the process, provides supplemental income to farmers and property owners, increases the tax base of the town, and is appropriately and effectively regulated to preserve the town’s rural character.

Draft #8 was designed to regulate energy facilities by size as opposed to the previous drafts that were an all-or- nothing type of approach in that the only options were limited to utility scale, which was not categorized by size, or residential/small scale. This new approach establishes solar energy facilities under five (5) distinct and defined categories; Building mounted, Small scale, Medium scale, Large scale, and Utility scale. The Green Development proposed zone amendment is “Spot Zoning” which is inconsistent with the Comprehensive Plan, only benefits the fifteen (15) proposed parcels, excludes all other properties including other farms from installing utility scale systems, diminishes the regulatory process, and denies abutters rights unlike the Planning Board’s Draft #8.

The Planning Board has respectfully requested that the Council put this proposed solar ordinance (Draft #8) to Public Hearing for consideration. The town residents deserve the right to evaluate this ordinance for themselves.