Electric generating facility management overlay zone
(a) Establishment of the electric generating facility management overlay zone.
(1) Purpose. This overlay zone is established to work in conjunction with underlying zoning districts to implement land use development policies contained in the Burrillville Comprehensive Plan. This overlay zone is a set of requirements which are superimposed over the existing electric generating facility as shown on the town's approved zoning map as the designated electric generating facility management overlay zone. This overlay zone establishes reasonable standards in accordance with the following purpose and intent:
• Acknowledge the existing, large scale energy generating uses active within the overlay, and establish reasonable standards for their alteration and enlargement within the overlay.
• Provide the town with a means of ensuring that the impacts of these uses on surrounding neighborhoods are minimized, and that conditions related to pollution, noise, odor, traffic, and other nuisances are improved over time.
• Ensure that these uses are contained within the overlay zone, and not allowed to expand beyond it.
(2) Applicability. The electric generating facility management provisions and standards supplement those of the applicable underlying zone and other applicable overlay zones. Where the electric generating facility management and base zone provisions conflict, the overlay zone provisions shall control. The overlay zone applies to the properties: East of Sherman Farm Road, West of Douglas Pike, North of West Iron Stone Road all within the Town of Burrillville (currently including: AP 007/002; 024/016; 024/002; 024/003; 024/004; 024/020; 024/005; 025/003; 007/003; 008/001; 025/001; 025/002; 025/004; 025/005; 025/006; 025/007; 025/008; 025/009; 008/002; 024/001).
(3) Review procedure. All new development, alteration or enlargement of electric generating facilities within the overlay district shall be subject to special use permit procedures as specified in section 30-34, Zoning board of review, (e) Special use permit.
(b) Allowed uses and special permit criteria.
(1) Allowed uses. Electric generating facilities are allowed uses in this overlay zone only with the approval of a special use permit and the following criteria. All uses allowed within the underlying zoning district are also allowed per section 30-71, Table 1: Zoning district uses. Electric generating facilities are not allowed in any base zoning district.
(2) Special permit criteria. The zoning board of review may approve an application for the establishment, alteration or enlargement of an electric generating facility only where it has determined that the following criteria have been met:
a. Any change to the use or property does not result in an intensification of an existing nuisance for the surrounding neighborhood, whether related to pollution, noise, odor, traffic, or other nuisances; and
b. Where a new component is proposed for the electric generating facility (such as a "peaker" power plant, energy storage facility, etc.), mitigating changes to the existing uses will be required to improve conditions, whether related to pollution, noise, odor, traffic, or other conditions, that could negatively impact the environment or surrounding communities.
(Ord. of 2-12-2020(1))