Solar energy systems

• A. Purpose. The purpose of this section is to regulate solar energy systems (SESs) by providing standards for application requirements specific to SESs, permitting and review processes, placement, design, construction, operation, monitoring, modification, visual screening, interconnection and removal of such systems. These standards are intended to ensure that SESs are sited appropriately with consideration of project type and scale, are compatible with or are effectively screened from the surrounding area, provide for public safety, minimize impacts on scenic, natural, and historic resources, and are consistent with the city's comprehensive plan, as amended.
• B. Applicability. The provisions of this section shall apply, as specified herein, to all SESs in the city of Cranston that have been certified as complete after February 1, 2020. The provisions of this section shall not apply to any SES certified complete before February 18, 2019, except that all proposed modifications to legal nonconforming SESs will be subject to city code Chapter 17.88, Nonconforming Uses and Structures.
• C. Definitions and Terms.
  • 1.

    Abandoned Solar Energy System. — A solar energy system (SES) that has either reached the end of its useful life or is disconnected.

  • 2.

    Accessory Solar Energy System. — A SES that is incidental and subordinate to the principal use(s) of the parcel(s) or development. There are two categories of accessory SESs, minor accessory SES and major accessory SES.

  • 3.

    Approving Body. — The entity which has the authority bestowed by the city charter and city code to make final decisions on SES applications. The approving body is determined by the type/category of any given SES application as prescribed in Section 17.24.020(E).

  • 4.

    Building-integrated Solar Energy System. — A SES that is incorporated into or onto a building or structure.

  • 5.

    City. — The city of Cranston, Rhode Island.

  • 6.

    Contaminated Site Solar Energy System. — A principal solar energy system located on a contaminated site pending remediation or a remediated and restricted contamination site.

  • 7.

    Contaminated Site Pending Remediation. — A property that has been identified and confirmed by RIDEM as being contaminated through issuance of a "letter of responsibility," but which has not yet been remediated to the satisfaction of RIDEM.

  • 8.

    Decommissioning/Restoration Plan. — A plan for dismantling a solar energy system, along with, a plan for the site restoration of the land where the system is located, and a financial guarantee for the completion of the dismantling and restoration after the system is no longer operational.

  • 9.

    DEM. — Rhode Island Department of Environmental Management.

  • 10.

    DPRC. — Development Plan Review Committee of the city of Cranston.

  • 11.

    Fenced Area. — The area within the perimeter of the safety fence that surrounds a SES and associated infrastructure.

  • 12.

    Ground-mounted Solar Energy System. — A SES that is structurally appended to the ground and is not supported by a structure or building.

  • 13.

    Inclusive Approach. — A cooperative and open process in which a SES developer/applicant works with the abutting property owners within four hundred (400) feet of the project site to design and develop SES plans which take the abutter's concerns into account to the greatest reasonable extent possible.

  • 14.

    Interconnection. — The point at which the solar system is connected to the electric distribution system. The interconnection of the system by the utility will generally be located at the street or along an access driveway outside of the fenced area.

  • 15.

    Inverter. — A piece of equipment that converts direct current (DC) electricity from the solar panels into alternating current electricity on which the utility distribution grid operates.

  • 16.

    Major Accessory Solar Energy System. — Any accessory SES which is not a minor accessory SES and whose solar lot coverage does not exceed the maximum allotted in the zoning category which it is sited.

  • 17.

    Major Land Development Plan (MLD). — Any development plan not classified as a minor land development plan.

  • 18.

    Minor Accessory Solar Energy System. — A category of SESs which applies to all roof-mounted SESs, building-integrated SESs, and solar canopies, as well as all accessory ground-mounted SESs that do not produce more than one hundred twenty-five (125) percent of the total electricity consumed by the use(s) on site.

  • 19.

    Minor Land Development Plan. — A development plan for a residential project as defined in local regulations, provided that the development does not require waivers or modifications as specified in this act. All nonresidential land development projects are considered major land development plans.

  • 20.

    MLD. — See major land development plan.

  • 21.

    Preliminary Interconnection Study. — A study indicating the anticipated route and associated costs for interconnection of a solar energy system to the electric distribution system.

  • 22.

    Principal Solar Energy System. — A ground-mounted SES that is not a minor or major accessory solar energy system.

  • 23.

    Remediated and Restricted Contamination Site. — A property: (1) that has been identified and confirmed by RIDEM as having contained a hazardous material contamination; (2) on which remediation activities were conducted to the satisfaction of RIDEM as documented within a "letter of compliance" or an "interim letter of compliance"; and (3) for which RIDEM has required the use of the property to be restricted through an environmental land use restriction.

  • 24.

    Roof-mounted Solar Energy System. — A SES that is structurally appended onto the roof of a building or structure.

  • 25.

    SES. — See solar energy system.

  • 26.

    Solar Canopy. — A SES which is elevated as to allow for the traversing or parking of vehicles and/or people underneath. Solar canopies in residential zones shall be considered and regulated as building-mounted SESs.

  • 27.

    Solar Energy. — Radiant energy received from the sun that can be collected in the form of heat or light by a solar panel.

  • 28.

    Solar Energy System (SES). — The components and subsystems required to convert solar energy into electric energy suitable for use.

  • 29.

    Solar Energy System Operator. — The agent or entity that conducts the daily operation and maintenance of the solar energy system under contractual agreement with the solar energy system owner.

  • 30.

    Solar Energy System Owner. — The owner of equipment and appurtenances comprising the solar energy system; said entity may also be the solar energy system operator.

  • 31.

    Solar Lot Coverage. — The amount of upland area allowed to be occupied by ground-mounted solar panels and associated ground-mounted equipment, exclusive of fencing, but inclusive of inter-row and panel spacing. The area of abutting lots under common ownership may be combined in the calculation of the total upland area. Solar lot coverage is calculated entirely separately from building lot coverage as defined by the Cranston City Code, as amended.

• D. District Use Regulations. See schedule of uses in Section 17.20.030.
• E. Permit Requirements.
  • 1. All SESs are subject to the following approval procedures:

    SES Use Category	Zone	Development Plan Review Committee (DPRC)	Major Land Development (MLD)	Special Use Permit	Building and Electrical Permit
    Minor accessory	All	N*	N	Y**	Y
    Major accessory	C-4, C-5, M-1, M-2, EI, G	Y	N	N	Y
    Principal	M-1, M-2	Y	Y	N	Y

    Notes:
    *Solar canopies over two hundred (200) kW are subject to DPRC.
    **A special use permit is required for ground-mounted minor accessory SESs in A-80 and S-1 zones only. A special use permit is not required for roof-mounted SESs, building-integrated SESs or solar canopies in any zone.
    Y = Yes
    N = No

  • 2. All SES applications located within the city of Cranston and/or National Historical District(s) shall receive approval from the applicable district prior to submittal of a building permit.
  • 3. Final plans shall be approved and recorded before any SES that required DPRC and/or MLD approval can submit a building permit to the city.
  • 4. Issuance of a building permit (local and/or state) is required prior to any installation of a SES.
• F. General Requirements.
  • 1. Location.
    • a. SESs shall be allowed under zoning in accordance with the Cranston City Code Use Table, Section 17.20.030.
    • b. SESs 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 easement, deed or other applicable legal document specifically allows for such facility.
    • c. SES panels and equipment shall, to the greatest extent possible, be sited within the project site in the area(s) which are anticipated to minimize potentially adverse impacts to nearby properties, communities and natural resources with reasonable considerations to site conditions and other use(s) on site as applicable.
  • 2. Building permit and inspection. No SES shall be constructed, installed, or modified without first obtaining a building permit and such facility shall be subject to periodic inspections as deemed necessary by the building official and/or electrical inspector.
  • 3. Height.
    • a. Roof-mounted and building-integrated SESs are exempt from building height regulations.
    • b. No solar canopy shall exceed the height limitation of the zoning district on which the SES which it is located.
    • c. No individual panel within a ground-mounted SES shall exceed twelve (12) feet in height. The approving body may grant relief from this requirement at its discretion should uses(s) be proposed underneath the panels which are allowed under zoning and are compatible and appropriate uses on the site.
  • 4. Solar Lot Coverage.
    • a. Definition. The amount of upland area allowed to be occupied by ground-mounted solar panels and associated equipment, exclusive of fencing, but inclusive of inter-row and panel spacing. Solar lot coverage is calculated entirely separately from building lot coverage, as defined by the Cranston City Code, as amended.
    • b. Applicability. Solar lot coverage applies to all major accessory and principal SESs. This section shall not apply to minor accessory SESs.
    • c. The solar lot coverage of all ground-mounted SESs are as follows:

      	M-1 and M-2	C-4 and C-5	EI and G
      Major Accessory	30%	20%	20%
      Principal	85%	N/A	N/A

  • 5. Setbacks.
    • a. All roof-mounted and building integrated SESs are exempt from building setbacks so long as they do not encroach into any setback beyond the building on which they are proposed.
    • b. Solar canopies and ground-mounted minor accessory SESs shall be setback a minimum the setback requirements of the applicable zoning district. The setbacks for accessory structures/buildings in city code Section 17.60.010 shall not apply.
    • c. All major accessory SESs in nonresidential zones and principal SESs in M-1 and M-2 zones including electrical equipment shall comply with the setback requirements of the applicable zoning district, or the distance necessary to accommodate required visual screening, whichever is greater, as determined by the approving body(s).
  • 6. Visual Screening/Buffering.
    • a. Applicability. This section applies to major accessory and principal SESs. This section shall not apply to minor accessory SESs.
    • b. Longevity. Required visual screening shall be maintained for the life of the SES. The property owner and/or facility owner shall be required to replant any section of the buffer/screening found not to meet the requirements of this section as determined by the city zoning official.
    • c. M-1 and M-2 Zones.
      • i. To incentivize SESs in M-1 and M-2 zones, no additional visual screening will be required unless the project abuts an incompatible use or a residential zone.
      • ii. Where a project abuts incompatible use or a residential zone, the applicant shall use an inclusive approach with the abutters within four hundred (400) feet of the project site do develop an effective visual screening plan. Buffer depth requirements will be flexible as to an appropriate extent based on site conditions while still achieving effective visual screening. Where appropriate, stockade fencing shall be used to satisfy the screening where the existing screening is insufficient. The materials and aesthetics of the stockade fence shall be a topic to be addressed as part of the inclusive approach, and may be conditioned by the approving body. A stockade fence alone will not suffice for visual screening, from the right-of way or abutting properties plantings shall be required in between the project fencing and the property lines as determined during the inclusive approach.
      • iii. The plan commission may require an independent review of the visual screening/buffering plan as by a Rhode Island registered landscape architect in according with the city of Cranston Subdivision Regulations, as amended.
  • 7. Fencing.
    • a. Applicability. This section shall apply to all major accessory and principal SESs. This section shall not apply minor accessory SESs.
    • b. The applicant shall be required to install a minimum of an eight-foot fence around the perimeter of all ground-mounted SESs. In instances where the applicant can show that the surrounding area and site do not require fencing for protection or trespass, or to allow agricultural production within the array area, the planning board may waive the fencing requirements.
    • c. Barbed wire, razor or anything similar is prohibited.
    • d. Where chain-link fencing is allowed, it must be black vinyl-coated.
  • 8. Stormwater Management and Erosion and Sediment Control.
    • a. Applicability. This section shall apply to all SESs in all zones.
    • b. Site alterations must conform to the most recent edition of the RIDEM Stormwater Design and Installation Standards Manual and any other applicable agencies of jurisdiction and the RI Soil Erosion and Sediment Control handbook, as well as applicable city regulations.
    • c. All applicable erosion and sediment controls must be in place prior to construction, including site work, begins.
  • 9. Utilities.
    • a. Applicability. This section shall apply to all major accessory and principle SESs in all zones. This section shall not apply to minor accessory SESs.
    • b. All utility cables on the project site shall be underground. The approving body may, at its discretion, grant relief from this requirement if there are physical barriers to underground utilities as found by National Grid which are entirely separate from matters of cost. The approving body may deny a project based on the aesthetic impacts of aboveground utilities.
    • c. All electrical equipment associated with the SES shall be pad-mounted.
  • 10. Parking and Circulation. Adequate access, parking and turnarounds shall be provided for service and emergency vehicles for all solar canopies, major accessory and principal SESs.
  • 11. Lighting. Lighting of a SESs shall be consistent with applicable local, state and federal law. Lighting of other parts of the facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the facility shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.
  • 12. Noise. Applicants for a building permit to construct a SES must submit a noise study as part of their application. The noise study assesses the potential impacts at any off-site noise receptors (e.g. residences) due to sound emitted by the SESs electrical equipment including, but not limited to, inverters and transformers. The noise study is required to demonstrate that the facility, as designed, does not exceed a forty-decibel noise level (approximately the noise level experienced in a quiet office or library). The city's review engineer will assess the noise study to determine acceptable distance from the SES to any off-site receptor.
  • 13. Glare. All SESs shall be designed and located to prevent reflective glare toward any inhabited buildings or adjacent properties. Glare generated from solar panels shall not interfere with traffic or create a safety hazard. Racks shall have a matt finish to reduce glare and glimmer.
  • 14. Prime Farmland. In any areas of the site where prime farmland or farmland of statewide importance, as determined by the United States Department of Agriculture Natural Resource Conservation Service within the most recent Rhode Island Soil Survey, and where the solar facility or a portion of is proposed, the following is required:
    • a. If soils need to be disturbed in areas of the site for installation purposes, the soils must be stored on site for future reclamation and areas under the panels are to be replanted with grass or low growth vegetation that is listed in the University of Rhode Island's native plant database;
    • b. Siting of the facility overall and individual panels shall keep with the existing contours of the land, and only pile driven or ballast block footing are to be used, so as to minimize the disturbance of soils during installation; and
    • c. Required vegetative buffers are to be composed of plant materials listed in the University of Rhode Island's native plant database (except as otherwise permitted in this ordinance), with a preference for pollinator-friendly materials to the maximum extent practicable.
  • 15. Manufacturing. SESs shall be manufactured and designed to comply with applicable industry standards, as may amended for time to time, including but not limited to, the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), and other appropriate certifying organizations as may be required by federal, or state laws or utility regulations.
  • 16. Herbicides and pesticides. SESs shall be constructed and maintained in a way that minimizes or refrains from the use of herbicides and pesticides.
  • 17. Decommissioning and Restoration. Any SES shall be removed within one hundred eighty (180) days from the date of discontinued operations. Decommissioning and restoration shall consist of:
    • a. Physical removal and recycling of all solar energy facility structure, equipment, security barriers, fencing and overhead and underground electrical 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. Disposal of all components, wiring, and/or foundations in accordance with the provisions of the city's solid waste regulations.
    • d. Stabilization and re-vegetation of the site in compliance with all state and local laws, regulations, and ordinances necessary to minimize erosion. The site shall be inspected by the zoning inspector and/or his/her designee in coordination with the planning director.
• G. Specific Review Requirements for Major Accessory and Principal SES. Major Accessory and Principal SES applications must include the following:
  • 1. Required at Master Plan Stage.
    • a. A copy of the Preliminary Interconnection Feasibility Study from National Grid or the applicable utility company.
  • 2. Required at Preliminary Plan Stage.
    • a. A thorough explanation of any transmission lines access or upgrade required as a result of the project, including but not limited to the route starting and end points, potential impacts to street trees, and right-of-way width;
    • b. A thorough explanation of any new or proposed upgrades to electrical substations that are related to the proposed project. Information necessary is including but not limited to location, screening, setbacks and noise impacts;
    • c. Diagrams detailing the solar energy facility, associated components and electrical interconnection methods, with all current state electrical code compliant disconnects and over current devices;
    • d. Documentation/details of major system components to be used, including the energy panels, mounting system and inverter;
    • e. An operation and maintenance plan which addresses site access maintenance, vegetation management, equipment and fence maintenance and any other maintenance that may be needed to address town requirements imposed as a result of unique site conditions;
    • f. Decommission/restoration plan including an itemized cost estimate for the decommissioning and restoration of the site; (required at preliminary stage).
  • 3. As part of the final plan, a decommissioning estimate, prepared by a RI licensed engineer, must be approved by the building inspector. Each element of the decommissioning cost estimate must include verifiable source with contact information.
  • 4. Prior to the issuance of a building permit for a major accessory or principal SES, a cash bond, escrow agreement or escrow fund to cover one hundred twenty-five (125) percent of the cost of decommissioning, as approved by the approving body, shall be posted with the city of Cranston.
  • 5. Following the construction of a SES, the applicant shall submit an annual report providing updates on the status of all operations to the department of public works.

(Ord. 2015-38, § 1, 12/21/2015; Ord. 2020-10, § 1, 2/24/2020)