Solar energy systems
(a) Purpose. The purpose of this section is to regulate solar installations, whether roof- or ground-mounted or integrated into other structures such as canopies. This is done by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations. These standards are used to address public safety, minimize impacts on abutting properties, scenic, natural and historic resources, and are compatible with the general neighborhood in which they are located. Such installations shall also be consistent with the Town of Burrillville's Comprehensive Plan, as well as any state and office of energy resources rules and regulations.
(b) Applicability. The provisions of this section shall apply to installation, construction, operation, and repair of all solar energy systems, regardless of type, and the decommissioning of all ground-mounted solar energy systems.
(c) Definitions.
Abandonment means the solar energy system shall be considered abandoned when it either fails to operate as originally designed or operations are discontinued for more than one year, without the written consent of the planning board.
Conservation opportunity areas means areas identified in the 2015 DEM Wildlife Action Plan, as amended, as priority areas for conserving Rhode Island's species of greatest conservation need and key habitats.
Previously disturbed site means landfills (as identified by the state department of environmental management as of the date of the approval of this section), mines, quarries, and gravel pits (as identified by the RIGIS land use/land cover aerial photo data of 2021), brownfields (as identified by the state department of environmental management or the U.S. Environmental Protection Agency as of the date of the approval of this section), and superfund sites (as identified by the U.S. Environmental Protection Agency as of the date of the approval of this section). A previously disturbed site is only the portion(s) of a lot that is(are) disturbed or contaminated, and not the entire lot on which a previously disturbed site is located.
Solar energy system means all equipment, machinery and structures utilized in connection with the conversion of solar energy to electricity, to provide for heating, cooling, water heating or electricity generation. A solar energy system can be small-scale or large-scale, per the table in subsection (d) of this section.
Solar energy system, building-integrated means a type of building-mounted 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 windows or skylights, into roofing systems such as shingles or roof paneling, or other building or structure envelope systems such as siding.
Solar energy system, building-mounted means 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 solar energy systems.
Solar energy system, canopy (or solar canopy) means an elevated structure, built to cover a parking area, that hosts solar panels and provides shade. Solar canopies are separate and distinct from solar panels installed onto a carport structure.
Solar energy system, ground-mounted means 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 principal or accessory structure.
(d) Summary of solar energy system classification. The following table provides a summary of how different types of solar energy systems are divided between large-scale and small-scale for the purposes of this section. For the purposes of determining classification, the area covered by a ground-mounted solar energy system will be measured on a site plan by drawing a five-foot buffer around the outer edge of the panels and then reporting the total area within that buffer.
Large-Scale Small-Scale Ground-Mounted Solar Energy Systems greater than 1,500 SF on lots of less than one (1) acre. Ground-Mounted Solar Energy Systems less than or equal to 1,500 SF on lots of less than one (1) acre. Ground-Mounted Solar Energy Systems greater than 2,500 SF on lots equal to or greater than one (1) acre. Ground-Mounted Solar Energy Systems less than 2,500 SF on lots equal to or greater than one (1) acre. Building-Mounted Solar Energy Systems (including Building-integrated Solar Energy Systems). Solar Canopies.
(e) Requirements for all solar energy systems (small-scale and large-scale).
(1) Compliance with laws, ordinances and regulations. The construction and operation of all solar energy systems 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 state building code.
(2) Building permit and building inspection. No solar energy system shall be constructed, installed or modified without first obtaining the appropriate permit from the building department and shall be subject to periodic inspections as deemed necessary by the building official.
(3) Glare. All solar energy systems shall be designed and located to prevent reflective glare toward any inhabited buildings on adjacent properties. Glare generated from solar panels shall not interfere with traffic or create a safety hazard.
(4) Utility lines. Utility lines and cables shall be located underground to the greatest extent practicable. Any utility lines and cables that remain above ground should be sited to reduce their visibility from public rights-of-way to the greatest extent practicable.
(f) Requirements for small-scale solar energy systems. A small-scale solar energy system is permitted in all zoning districts as a matter of right, provided:
(1) The system meets all applicable requirements for accessory structures in section 30-111, table of dimensional regulations, and section 30-112(3), yard exceptions, as well as all applicable zoning requirements from other sections of this zoning ordinance, including but not limited to signage (section 30-157), unless otherwise specified below. Small-scale solar energy systems are not subject to subsection (g), requirements for large-scale solar energy systems;
(2) Roof-mounted solar energy systems. These solar energy systems may only be placed on code compliant structures. On flat roofs, accessory solar energy systems shall be set back from the edge at least two feet;
(3) Ground-mounted solar energy systems. These solar energy systems shall be no more than ten feet above finished grade at their highest point. (Note that solar canopies are not considered ground-mounted solar energy systems and follow the height requirements for accessory structures as found in section 30-111.)
(g) Requirements for large-scale solar energy systems. A large-scale solar energy system is permitted per the requirements below.
(1) Planning board review. Large-scale solar energy systems must be reviewed by the Burrillville planning board in accordance with section 30-201, development plan review.
(2) Special use permit required. The development of a large-scale solar energy system shall also require the issuance of a special use permit per section 16-48.
(3) Location and coverage.
a. Commercial and industrial districts. Large-scale solar energy systems are allowed, by special use permit, in the Limited Industrial (LI), and General Industrial (GI) zoning districts as outlined in section 30-71, zoning district uses, only in the areas and under the conditions described herein.
A large-scale solar energy system in these zoning districts must be accessory to an active permitted principal use with a pre-existing occupancy permit on the lot and shall not exceed 20 percent of the buildable area of the lot on which it is located (or two acres, whichever is less), inclusive of all area within the required fencing for the system.
b. Previously disturbed sites. Large-scale solar energy systems are allowed, by special use permit, in any zoning district other than the Open Space (OS) district as outlined in section 30-71, zoning district uses, only in the areas and conditions described herein.
A large-scale solar energy system in these zoning districts may be a principal use on a previously disturbed site, as defined herein, determined by the planning board and approved by the zoning board of review through the special use permit process. Such large-scale solar energy system shall only be located on the portion of a lot considered a previously disturbed site and shall not exceed 60 percent of the area of the lot on which it is located (or 20 acres, whichever is less), inclusive of all area within the required fencing for the system. On previously disturbed sites within the Village Commercial (VC), General Commercial (GC), Limited Industrial (LI), and General Industrial (GI) zoning districts, if the planning board deems among other things that a commercial or industrial use other than a large-scale solar system can be accommodated on all or a portion of the previously disturbed site, then the land dedicated to solar shall be reduced to an area allowed by the board.
c. Agricultural uses. Large-scale solar energy systems are allowed only in the areas and under the conditions described herein, by special use permit, in any zoning district, as outlined in section 30-71, zoning district uses, where the following agricultural uses are permitted by right or allowed by special use permit:
1. Raising of animals subject to the premises being kept in a humane, sanitary manner,
2. Commercial nursery with retail outlet,
3. Commercial nursery, orchards, raising of crops for profit,
4. Wineries,
5. Farmer-wineries and farmer breweries.
A large-scale solar energy system must be accessory to one of the agricultural uses listed above, and such agricultural use must be the active permitted principal use with an occupancy permit on the lot. The large-scale solar energy system shall not exceed 20 percent of the buildable area of the lot on which it is located (or two acres, whichever is less), inclusive of all area within the required fencing for the system.
d. Open Space District. Large-scale solar energy systems are prohibited in the Open Space (OS) zoning district as outlined in section 30-71, zoning district uses.
e. Conservation opportunity areas. Large-scale solar energy systems are prohibited in conservation opportunity areas as defined in section 30-211(c), definitions.
(4) Insurance. Comprehensive general liability coverage in the minimum amount of $500,000.00 for bodily or personal injury and $100,000.00 for property damage.
(5) Fees and surety. All applicable fees including, but not limited to, planning and zoning board review fees, as well as all surety bonds to cover the cost of removal, shall be paid by the owner, or operator, prior to the issuance of any building permits. Surety bonds must be renewable every five years after a cost evaluation has been conducted and submitted to the planning board, to ensure decommissioning costs may be entirely covered. The planning board reserves the right to request a cost evaluation for decommissioning more frequently than every five years, with such request made in writing to the owner and/or operator. The owner or operator of a solar energy system shall notify the building official by certified mail return receipt requested of the date of discontinued operations and plans for removal. Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation. In no event shall the amount exceed 125 percent of the cost of removal and compliance with any other requirements set forth herein.
(6) Plans and surveys. All plans related to design, construction, installation or modification of a solar energy system 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.
(7) Maintenance. The solar energy system shall be maintained by the solar energy system owner and/or operator and shall be cleared of debris, weeds, trash, etc. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. The equipment shall remain in good repair and working order. Malfunctioning or inoperable equipment shall be removed from the property and disposed of in accordance with all applicable federal, state, and local regulations.
(h) Standards for approval of large-scale solar energy systems.
(1) Access and safety. The solar energy system has adequate and permanent access from a town-accepted roadway or state highway. Reasonable accessibility for emergency service vehicles shall be required, and a means of shutting down the solar energy system connection to any utility provider interconnection shall be clearly and sufficiently marked. The applicant shall provide documentation that a public safety preparedness and response plan, detailing the standards, procedures, and communication protocol to be utilized at the facility and in the event of an emergency has been provided to the town's emergency management agency director, and documentation indicating that the plan has been distributed to all fire districts.
(2) Setbacks. All large-scale solar energy systems shall meet minimum front, side and rear yard setback and buffer requirements in the applicable zoning district, except that any such system built accessory to a commercial or industrial use per section 30-211 (g)(3)a. or accessory to an agricultural use per section 30-211 (g)(3)c. shall not be constructed in any front yard.
(3) Height. The maximum height of large-scale ground-mounted solar energy systems shall not exceed ten feet unless the zoning board of review finds that there is significant need and/or benefit of allowing an increased height. The height shall be measured from the ground level or the base of the system's pedestal to the highest point of the solar energy system, including the top of any support structure.
(4) Screening. A vegetated buffer, consisting of deer-resistant evergreen plantings and, where relevant, earthen berms, designed to screen the installation but not impede its solar energy capture efficiency, shall be planted/installed and maintained surrounding the perimeter of the security fence wherever the system would otherwise be visible from a public right-of-way or residentially zoned property. The height of such vegetated buffer shall be at least as tall as the height of the system at planting and at least 1.5 times the height of the system when the plantings reach their full expected height, and at a minimum depth of ten feet. The planning board may also consider how the topography of the site may be used to achieve this objective, and may require taller screening where the topography would make the solar energy system visible from a public right-of-way or residentially zoned property even with the minimum required screening. If it is not possible to screen the solar energy system on site so that it is not visible from any public right-of-way or residentially zoned property, the applicant may enter into an agreement with a neighboring property owner(s) to install screening off site to achieve this objective.
(5) Security. A fence, of at least six feet in height, shall surround the perimeter of the installation, and be secured from unauthorized entry.
(6) Land clearing. Forested areas shall not be clear-cut for the purpose of installing solar energy systems and trees shall not be topped. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the solar energy system, and shall not exceed 20 percent of the tree and vegetation cover as identified by the RIGIS land use/land cover aerial photo data of 2021. Approval of land clearing beyond 20 percent or the strategic topping of trees shall be advised by the planning board for approval at the discretion of the zoning board of review through the special use permit process based upon consideration of: increasing buffer to neighbors, replanting of trees in other areas on site or in town, creation of a tree bank either on site or elsewhere in town, or any other approved offset to the additional tree clearing. Any discretionary relief deemed appropriate shall not exceed an additional five percent of the tree and vegetation cover as identified by the RIGIS land use/land cover aerial photo data of 2021. In granting any such relief under the special use permit process, the zoning board of review must find that there are physical/geographical limitations on the subject land that would warrant additional tree/land clearing such as wetlands, the slope of the land or other topographical issues that would result in a 20 percent limitation making the solar array unfeasible. The special use permit allowing an additional five percent tree/land clearing shall only be granted on land of ten acres or less.
(7) Mechanical equipment. All mechanical equipment associated with solar energy systems, including but not limited to controls, energy storage devices, batteries, heat pumps, exchangers or other materials, hardware or equipment necessary to the process by which solar radiation is converted into another form of energy shall be located and enclosed within structures/fencing to prevent unauthorized access.
(8) Ground cover. Pollinator plants/flowers or slow growth/no-mow grasses are the preferred treatment versus standard grasses, gravel, crushed stone or the like. However, each application shall be assessed during the development plan review process to determine the most appropriate ground cover.
(9) Utility connections. No site plan for the installation of a large-scale solar energy facility shall be approved until evidence has been given that the electric utility company that operates the electrical grid where the facility is to be located has been informed of the customer's intent to install an interconnected customer-owned facility, and copies of site plans showing the proposed location have been submitted to the utility for review.
(10) 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.
(11) Lighting. Lighting of solar energy facilities and appurtenant structures shall be limited to that required for safety and operational purposes.
(12) Combining or subdividing of lots. The provisions of this article shall apply to all legal lots in the town in existence as of the date of approval of this article. The provisions of this subsection shall continue to apply to any lots that are subsequently combined or subdivided. No combining of or subdividing of existing lots at the time of the approval of this article shall permit the expansion of these provisions to the new lots.
(i) Required documents for large-scale solar energy systems. Pursuant to G.L. 1956, § 45-23-38, the planning board shall review all large-scale solar energy system plans in accordance with section 30-201, Development plan review. The applicant shall provide the following documents, provided that the planning board may, at its discretion, waive any document requirement as it deems appropriate upon written requests of the applicant. The same documents shall be presented to the zoning board of review for purposes of special use permit approval.
(1) Class I survey site plan showing:
a. Property lines and all physical features for the project site;
b. Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting and screening vegetation or structures; and
c. Calculated area of any proposed ground-mounted solar energy system.
(2) Blueprints or drawings of the solar energy system showing the proposed layout of the system and any potential shading from nearby structures or vegetation.
(3) One- or three-line electrical diagrams detailing the solar energy system, associated components and electrical interconnection methods, with all current state electrical code compliant disconnects and over current devices.
(4) Documentation of the major system components to be used, including the photovoltaic panels, mounting system and inverter.
(5) Name, address and contact information for proposed system installer, landowner, applicant, agents and/or attorneys representing the project.
(6) An operation and maintenance plan, including provisions for emergency shutdown and 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.
(7) Proof of liability insurance by a carrier licensed in Rhode Island. The certificate shall provide that the insurance shall not be modified or cancelled unless 30 days prior notice is given to the town and that the town is named as an additional insured.
(8) Description of financial surety that satisfies the requirements of subsection (g)(5).
(9) Decommission plan for any ground-mounted systems.
(10) Data and/or mapping sufficient to demonstrate that the proposed large-scale solar energy facility will not be located on a conservation opportunity area as defined herein.
(11) Data and/or mapping sufficient to demonstrate the boundaries of a previously disturbed site for any proposed large-scale solar energy facility on a previously disturbed site per section 30-211 (g)(3)b.
(j) Utility notification. No installation of a large-scale solar energy facility shall commence, and no interconnection shall take place until an interconnection agreement pursuant to applicable tariff and consistent with the requirements for other generation has been executed with the utility. Off-grid facilities shall be exempt from this requirement, unless they are proposed to be located within setback distance from the sideline of an existing utility right-of-way.
(k) Abandonment/decommissioning.
(1) Abandonment. When a solar energy system has been determined to be abandoned, the zoning official shall issue a notice, sent by certified mail, to the current owner of the property, to remove the solar energy system within 90 days from the date of the notice.
(2) Decommissioning. Any ground-mounted solar energy system which has reached the end of its useful life shall be removed within 180 days from the date of discontinued operations and the owner shall send notice to the town clerk, planning department, and utility company, by certified mail at least 90 days prior to the expected decommissioning, of the proposed date that the site will be remediated. Decommissioning shall consist of:
a. Physical removal of all solar energy system structures, equipment, security barriers and transmission lines from the site. The utility company the system is interconnected to must be contacted within 90 days of system de-energization to remove the transmission lines from the site.
b. Disposal of all solid and hazardous waste in accordance with all federal, state and local laws, regulations and ordinances.
c. Stabilization or revegetation of the site as necessary to minimize erosion and in compliance with all state and local laws, regulations and ordinances and shall be approved by the Burrillville zoning official or his/her designee.
(3) Failure to remove. If the owner and operator fail to remove the solar energy system in accordance with the provisions of this section, the town may enter the property and physically remove the solar energy system. The cost of such removal shall be the responsibility of the owner and operator of the solar energy system, using the surety required under subsection (g)(5) and any additional funds that may be needed, and the town will have all rights associated in compliance with the decommissioning agreement, including the recording of a municipal lien against the landowner in the town's land evidence records for all costs associated therewith.
(l) Sale or transfer of system. The property owner of any ground-mounted solar energy system shall send notice to the town clerk, town planner and utility company, by certified mail, of any change in ownership or management of the system, including all relevant names, addresses, and contact information, no later than 30 days after such change.
(m) Exemptions. Nothing herein shall preclude the town from installing ground-mounted or other solar energy systems on any town-owned or controlled property regardless of the zoning district.
(Ord. of 2-12-2020(1); Ord. of 8-17-2022(4); Ord. of 2-26-2025(2))