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Cumberland
Town of Cumberland Zoning Ordinance
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§ 18-8

Solar energy systems and facilities

[Added 10-5-2016 by Ord. No. 16-19; amended 2-15-2017 by Ord. No. 17-01A; 6-5-2019 by Ord. No. 19-09A; 1-15-2020 by Ord. No. 19-34A; 12-6-2023 by Ord. No. 23-26]

  • (a) Definitions. As used in this section, the following terms shall have the meanings indicated:

    PHOTOVOLTAIC SYSTEM — An active solar energy system that converts solar energy directly into electricity.

    RATED NAMEPLATE CAPACITY — The maximum rated output of electric power production of the photovoltaic system in watts of alternating current (AC).

    SOLAR ACCESS — The access of a solar energy system to direct sunlight.

    SOLAR COLLECTOR — A device, structure or part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.

    SOLAR ENERGY — Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

    SOLAR ENERGY SYSTEM — A device or specific-use structural design feature, a substantial purpose of which is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, electricity generation, or water heating.

    SOLAR ENERGY SYSTEM, ACTIVE — A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.

    SOLAR ENERGY SYSTEM, COVERED PARKING — An active solar energy system that is structurally mounted to the ground yet additionally maintains a permanent function to park vehicles under; may be of any size (minor, medium, or major scale).

    SOLAR ENERGY SYSTEM, GRID-INTERTIE — A photovoltaic system that is connected to an electric circuit served by an electric utility.

    SOLAR ENERGY SYSTEM, GROUND-MOUNTED — An active solar energy system that is structurally mounted to the ground and is not roof-mounted; may be of any size (minor, medium, or major scale).

    SOLAR ENERGY SYSTEM, MAJOR — An active solar energy system that occupies more than 40,000 square feet of surface area, including inter-row and panel/collector spacing or has a rated nameplate capacity 250kW AC or greater.

    SOLAR ENERGY SYSTEM, MEDIUM — An active solar energy system that occupies more than 1,750 square feet but less than 40,000 square feet of surface area, including inter-row and panel/collector spacing or has a rated nameplate capacity 25-250kW AC.

    SOLAR ENERGY SYSTEM, MINOR — An active solar energy system that occupies 1,750 square feet of surface area or less, inter-row and panel/collector spacing or has a rated nameplate capacity 25kW AC or less.

    SOLAR ENERGY SYSTEM, OFF-GRID — A photovoltaic system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility.

    SOLAR ENERGY SYSTEM, PASSIVE — A solar energy system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchange.

    SOLAR ENERGY SYSTEM, ROOF-MOUNTED — An active solar energy system that is structurally mounted to, or structurally ballasted on the roof of, a building or structure; includes solar shingles; may be of any size (minor, medium, or major scale).

  • (b) Building Permit. No solar energy system shall be constructed, installed or modified without first obtaining a building permit and shall be subject to periodic inspections as deemed necessary by the Building Official.
  • (c) Dimensional Regulations Ground-Mounted Solar Energy Systems.
    • (1) The maximum height of a ground-mounted solar energy system shall be 12 feet, with the exception of solar covered parking structures which shall have a maximum height of 18 feet from the ground, as measured from the pre-development lot grade at the location of the panel. 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 or panel.
    • (2) Setbacks. Small- and medium-scale ground-mounted solar energy systems that are accessory to a primary building or structure on a lot are provided with more flexible setback requirements than those that would typically apply to a primary structure. Whenever a solar energy system is sited as a principal structure on a lot, the setback requirements for principal structures in that zoning district apply.
      • a. Minor ground-mounted solar energy systems accessory to principal structures may be located no closer than 1/2 of the setback that would otherwise apply or 20 feet from the front, side, or rear site lines, whichever is greater. Medium-scale ground-mounted solar installations should maintain the same setbacks as accessory structures.
    • (3) Lot coverage. Major and medium ground-mounted solar installations shall cover no greater that 20% of a lot of contiguous lots in common ownership. In Industrial-2 ("I-2") Zoning Districts, for lots over 10 acres in size, up to 30% of lot coverage is allowed, including areas where trees and/or vegetation have been disturbed and/or removed previous to the enactment of this article. In no event shall any ground-mounted solar installation on any lot or contiguous lots in the same or related ownership exceed 10 acres of land determined by lot coverage as set forth above. The term "lot coverage," for the purpose of this section only, shall mean only the area of land physically covered by solar panels and accessory buildings, but shall not include any area or spaces between solar panels. Trees and/or vegetation shall, for purposes of this section only, mean trees with a twenty-four-inch diameter at breast height measured 4.5 feet above the ground minimum.
    • (4) Solar energy systems with grass or another pervious surface under them are exempt from impervious surface calculations. If the area is paved or otherwise rendered impervious, then it counts towards any coverage or impervious surface limit. This exemption is not intended to apply to municipal stormwater regulations, as the panels could have the effect of altering volume, velocity, and discharge pattern of stormwater runoff.
    • (5) Emergency access as approved by the Fire Department.
    • (6) The applicant shall commission and submit at the time of building permit application a wildlife assessment (impact study), conducted by a qualified wildlife expert having no less than five years of experience conducting wildlife assessments, indicating possible risks to local wildlife, habitat, and migratory birds. Additionally, the applicant's wildlife Dimensional/Design Regulations: Roof-Mounted Solar Energy Systems.expert shall also develop a mitigation plan, if applicable, that addresses/mitigates any risk to wildlife, migratory birds, and affiliated habitat.
  • (d) Dimensional/Design Regulations: Roof-Mounted Solar Energy Systems.
    • (1) Photovoltaic roofing shingles or tiles are preferred and may be directly applied to the roof surface. With such shingle or tile installation a standard red rectangle sign stating "photovoltaic power source" shall be mounted to the area of the electric meter, and a disconnect accessible from the ground shall be installed in this same area.
    • (2) Solar devices shall be considered part of the overall design of the structure. Color, shape and proportions of the solar devices should not conflict with the shape and proportions of the roof.
    • (3) Rooftop solar energy systems must not increase the footprint of the structure, and must not extend within four feet of any edge of a roof surface.
    • (4) Flat roofs. Set solar devices back from the edge and/or behind architectural features to be minimally visible. Panels and devices may be set at a pitch and elevated, if not visible from public streets.
    • (5) Pitched roofs. Unless there is no other viable alternative, locate solar panels away from public view so as to not change the character of the building. The system must be parallel to the roofline. Otherwise, location on a primary or street-facing roof plane is not allowed.
  • (e) Major Solar Energy Systems. Proposals for major solar energy systems and ground-mounted medium solar energy systems shall be required to comply with the requirements for major land development review under the provisions of AA 5-F of the Cumberland Land Development and Subdivision Regulations.tems.
  • (f) Design and Operation Standards: Major and Medium Solar Energy Systems.
    • (1) Site control. The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for the construction and operation of the proposed energy system.
    • (2) Operation and maintenance plan. The project proponent shall submit a plan for the operation and maintenance of the large-scale ground-mounted solar energy system, which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation.
    • (3) Utility notification. No grid-intertie photovoltaic system shall be installed until evidence has been given to the Planning Department that the owner has submitted notification to the utility company of the customer's intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.
    • (4) Lighting. Lighting of solar energy systems shall be consistent with local, state, and federal law. 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. Where feasible, lighting of the solar energy system shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.
    • (5) Screening. With the exception of roof-mounted structures, installations shall plant and properly maintain a twenty-foot-wide vegetated buffer surrounding the perimeter of the installation, consisting of plantings designed to screen the installation but not impede its solar energy capture efficiency. For major solar installations a vegetated buffer plan prepared by a registered landscape architect shall be included with the development application. The vegetative buffer shall consist of plants from the Rhode Island native plant database. All major installations shall be set back at least 50 feet from every boundary line. The twenty-foot buffer shall not begin until the fifty-foot buffer has been met.
    • (6) Signage. Signs on solar energy systems shall comply with a municipality's sign ordinance. A sign consistent with a municipality's sign ordinance shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number. Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar energy system.
    • (7) Security. With the exception of roof-mounted structures, a fence shall surround the perimeter of the installation of no less than seven and no more than 10 feet in height to prevent unauthorized access with bottom of the fence being elevated at least 16 inches rise from the ground to provide for wildlife access.
    • (8) Utility connections. With the exception of roof-mounted structures, reasonable efforts, as determined by the Planning Department, shall be made to place 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.
    • (9) Emergency services. All means of shutting down the solar energy system shall be clearly marked. For major and medium solar installations:
      • a. The solar energy system owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local Fire Chief.
      • b. Upon request, the owner or operator shall cooperate with the local emergency services in developing an emergency response plan.
      • c. Upon request, the owner or operator shall cooperate with the local emergency services to conduct a basic on-site safety and operational training.
      • d. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.
    • (10) Land clearing, soil erosion and habitat impacts. With the exception of roof-mounted structures, forested areas shall not be cleared for the purpose of installing solar installations. Otherwise clearing of natural vegetation shall be limited to what is necessary for the construction, operation, and maintenance of solar energy system or otherwise prescribed by applicable laws, regulations, and bylaws/ordinances. The disturbance and removal of topsoil from the site shall be limited to those areas that are required for the installation of the proposed solar energy system. The permitting authority may give priority to proposed solar projects that utilize existing cleared land or those which minimize the impact on forest and habitat.
    • (11) Monitoring and maintenance: solar energy system installation conditions. The solar energy system owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief, Emergency Management Director, and emergency medical services. The owner or operator shall be responsible for the cost of maintaining the solar energy system and any access road(s), unless accepted as a public way.
    • (12) Modifications. All material modifications to a solar energy system made after issuance of the required building permit shall require approval by the Planning Department.
    • (13) Financial surety. With the exception of roof-mounted structures, applicants proposing to develop major and medium solar photovoltaic projects may be required to provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the Town must remove the facility and restore the landscape, in an amount and form determined to be reasonable by the Board (and subject to the review of the Town Solicitor), and/or as agreed to and detailed in the site lease agreements. As part of the review for the lease agreements, the applicant shall submit a fully inclusive estimate of the costs associated with removal. The amount shall include a mechanism for calculating increased removal costs due to inflation and any expected salvage or resale value. Such surety will not be required for municipally or state-owned facilities.
    • (14) Removal requirements. With the exception of roof-mounted structures, any major or medium solar energy system that has reached the end of its useful life or has been abandoned shall be removed. Reusable components are to be recycled whenever feasible. The owner or operator shall physically remove the facility no more than 180 days after the date of discontinued operations. The owner or operator shall notify the Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
      • a. Physical removal of all large-scale ground-mounted solar energy systems, structures, equipment and security from the site.
      • b. Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
      • c. Stabilization or revegetation of the site as necessary to minimize erosion. The Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
    • (15) Abandonment. With the exception of roof-mounted structures, absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar energy system shall be considered abandoned when it fails to operate for more than one year without the written consent of the Town Council and Planning Board as it relates to the land development project approval. If the owner or operator of major and medium solar energy systems fails to remove the facility in accordance with the requirements of this section within 150 days of either abandonment or the proposed date of decommissioning, the Town may physically remove the facility, without further notice.