Solar installations
(a) Purpose. Regulate the development of solar energy systems by providing standards for placement, design, construction, and removal of such systems that address public safety, minimize impacts on scenic, natural and historic resources, and are compatible in the areas in which they are located and are consistent with the Foster comprehensive plan.
(b) Definitions.
Brownfield means a property where a known or suspected release of petroleum and/or hazardous material presents a barrier to the sale, reuse or redevelopment of the site, or where uncertainty on the costs of remediation adversely impacts the value of the property.
Ground-mounted solar installation means a solar installation that is structurally appended to the ground and is not supported to a structure or building.
Major solar installation means a solar installation designed primarily to sell electricity to a utility supplier, or a solar installation exceeding 40,000 square feet or greater. Solar installations, not located on a brownfield larger than 40 acres are prohibited. Battery energy storage systems or methods associated with battery energy storage systems meeting the sale and/or size requirements referenced in the definition for "major solar installation" are considered major solar installations.
Medium solar installation means a solar installation designed to only service the property which the solar installation is located and is larger than 1,750 square feet and under 40,000 square feet. If the solar installation is 40,000 square feet, it will be considered a major solar installation. Battery energy storage systems or methods associated with battery energy storage systems meeting the service and size requirements referenced in the definition for "medium solar installation" are considered medium solar installations.
Minor solar installation means a solar installation designed to primarily service the property on which the solar installation is located with a 1,750 square foot area or less. Battery energy storage systems or methods associated with battery energy storage systems meeting the service and size requirements referenced in the definition for "minor solar installation" are considered minor solar installations.
Roof-mounted solar installation means a solar installation that is structurally appended to the roof of a building or structure.
Solar installation means a power system used to supply power by converting sunlight into electricity by means of photovoltaics, the harnessing of solar energy to generate thermal energy, the use of concentrated sunlight to drive a traditional steam turbine.
Solar land coverage means the total footprint of land occupied by all components of a solar installation, but not limited to solar panels, mounting equipment, ancillary components, inter-row and panel/collector spacing, access, and all other areas within the required perimeter security fencing.
Terrain masking means using the physical features of land such as hills, and/or berms to obscure year-round line-of-sight of the entire solar installation.
(c) Minor solar installation. A minor solar installation is permitted in all zones, provided such solar installation:
(1) Shall meet all applicable zone requirements including, but not limited to, lighting, setbacks, signage, and height;
(2) Ground-mounted shall not exceed 12 feet in height; roof-mounted solar installations shall not exceed the maximum height for the applicable zoning district, shall not conflict in shape and proportion with the existing roof, nor extend the footprint of the structure;
(3) Shall require a building permit after submission and approval of layout and design; and
(4) Shall be in compliance with state building and state electrical codes.
(d) Medium solar installation. A medium solar installation requires, in all zones, a major land development approval from the planning board. The accompanying site plan review shall adhere to the development standards set forth in this section and the requirements of section 38-394 shall not be applicable. A medium solar installation shall require a building permit prior to construction and adhere to the following:
(1) Setbacks.
a. Solar installation setbacks shall be situated in a way that will completely obscure the development in all seasons from the road and all abutting properties using either terrain masking, undisturbed vegetation, and/or landscaped vegetation.
b. Medium solar installations shall at the minimum maintain a 200-foot setback from all adjacent property lines and roadways unless there is a finding by the zoning board of review that a 100-foot setback from all adjacent property lines and roadways or terrain masking has adequately obscured the installation from view from all adjacent properties and roadways. Landscaping in the landscaping plan may include this 200-foot setback.
(2) Height.
a. Ground-mounted solar installations shall not exceed 12 feet in height.
b. Roof-mounted solar installations shall not exceed the maximum height for the applicable zoning district.
(3) All installations shall be in compliance with the state building code and the state electrical code, and shall be subject to periodic inspections by the Foster building official. All relevant installation components must have an UL listing or equivalent.
(4) Security fencing.
a. Any fencing around the installation shall be black, green, brown, or another natural color that blends into the vegetative surroundings.
b. Barbed wire is prohibited.
(5) Lighting. All lighting shall be directed downward, and incorporate full cutoff fixtures to reduce light pollution, utilizing fixtures meeting the criteria of the ISA International Dark Sky Association, and shielded from directing light on abutting properties.
(e) Major solar installation. A major solar installation requires, in all zones, major land development approval from the planning board. The accompanying site plan review shall adhere to the development standards set forth in this section and the requirements of section 38-394 shall not be applicable. A major solar installation shall require a building permit prior to construction and adhere to the following:
(1) Design standards.
a. Solar installation applications shall include: the proposed site layout and any landscape changes, a diagram of electrical components, a description of the major system components to be used, an operation and maintenance plan, an emergency response and training plan, a decommission plan, utility approval, proof of liability insurance, and the contact information for the project owner, the project operator and contractors.
b. Additional documents may be required by the planning board or by the zoning board of review.
c. The planning board may waive requirements of the land development review process upon written request of the applicant at preapplication.
d. Solar panels and any of its casings and wiring shall not produce glare.
(2) Land evidence records/recording requirements.
a. Any memorandum of lease, easement, or utility/distribution agreements and any amendments, modifications, and/or extensions to the same shall be submitted with the installation application and shall be recorded in the land evidence records in the Town of Foster after planning board and zoning board of review approvals.
b. If a surety bond is posted to secure the decommissioning cost of the solar installation, pursuant to subsection (13), abandonment or decommissioning, herein a lien for the cost of decommissioning the solar installation shall be recorded in the land evidence records against the parcel until such time at the solar installation is decommissioned.
(3) Setbacks.
a. Solar installation setbacks shall be situated in a way that will completely obscure the development in all seasons from the road and all abutting properties using either terrain masking, undisturbed vegetation, and/or landscaped vegetation. The landscaped plan shall be approved by the planning board as referred to in subsection (5) herein, landscaping plan.
b. Major solar installations shall at the minimum maintain a 200-foot setback from all adjacent property lines and roadways unless there is a finding by the zoning board of review that a 100-foot setback from all adjacent property lines and roadways or terrain masking has adequately obscured the installation from view from all adjacent properties and roadways. Landscaping in the landscaping plan may include this 200-foot setback.
(4) Height.
a. Ground-mounted solar installations shall not exceed 12 feet in height.
b. Roof-mounted solar installations shall not exceed the maximum height for the applicable zoning district.
(5) Landscaping plan.
a. Any landscaped vegetated buffer shall have staggered row plantings for viewshed masking from all adjacent properties and roadways, using a mix of at least eight-foot evergreens with complete understory vegetation coverage such as rhododendrons and other deer-resistant native plants.
b. As part of the major land development process, a landscaping plan shall be prepared by a Rhode Island licensed landscaping architect and approved by the planning board. Native pollinator-friendly seed mixes and native plants shall be used to the maximum extent possible. Said plan shall also specify the management of understory and naturally occurring vegetation, including a method that will not use chemicals or herbicides or harm water quality on- or off-site.
c. A performance bond to cover the installation cost and maintenance expenses of the approved landscaping plan shall be required for a period of at least five years after installation. The posting of said performance bond shall be required for the issuance of any building permit.
d. Independent third-party cost estimates by a Rhode Island licensed landscaping architect shall be submitted as part of the major land development process and the landscaping plan at the expense of applicant.
e. The landscaping plan should show minimal re-grading, and limit removal of existing materials including topsoil.
(6) Minimize clearing. Clearing shall be limited to only those area(s) that are necessary for the construction, operation and maintenance of the facility. Vegetative cover shall be maintained to prevent soil erosion.
(7) All installations shall be in compliance with the state building code and the state electrical code and shall be subject to periodic inspections by the Foster building official. All relevant installation components must have an UL listing or equivalent.
(8) All electrical connection and distribution lines within the installation shall be underground or located entirely within a structure. Electrical equipment between the installation and the utility connection may be above-ground if required by the utility with approval by the planning/zoning board.
(9) Security fencing.
a. A fence shall surround the perimeter of the installation of no less than six feet in height and shall be black, green, brown, or another natural color that blends into the vegetative surroundings.
b. Barbed wire is prohibited.
c. The fence shall be at least four inches off the ground to allow small animals to pass underneath and be low enough to prohibit children from being stuck or going underneath the fence.
d. New fences shall be flagged to protect both the fencing and wildlife for at least six months.
(10) Emergency access. Reasonable accessibility for emergency service vehicles shall be required along with a training plan for emergency responders.
(11) Signage. No signs are allowed on the security perimeter fencing except to display 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.
(12) Lighting. All lighting shall be directed downward, and incorporate full cutoff fixtures to reduce light pollution, utilizing fixtures meeting the criteria of the ISA International Dark Sky Association, and shielded from directing light on abutting properties.
(13) Abandonment or decommissioning.
a. It is the responsibility of the parcel owner to remove all obsolete or unused systems within six months of cessation of operations. Reusable components are to be recycled whenever feasible.
b. Within six months after the removal of the solar installation system, the owner shall either plant a native species tree seedling for each solar panel removed or have a planning board approved development plan.
c. A cash or surety bond to cover the cost of removal shall be required and shall be posted prior to the issuance of any building permits. The decommissioning bond shall not include offsets for recycling and/or sale of decommissioned parts. The decommissioning bond shall include the cost of purchase and planting tree seedlings for each solar panel in the installation. An independent third-party cost estimate shall be submitted as part of the major land development process at the expense of applicant. A revaluation of decommissioning costs will take place after ten years with approval of the planning board. If an increase is needed, additional cash or surety will be required at that time.
d. If the decommission bond is posted via a surety bond, in the event ownership of the parcel and/or the solar installation is transferred or sold, it shall be the responsibility of the parcel owner to ensure that the posted decommissioning surety bond remains in full force and effect or that a new surety bond is issued in its place. In order to guarantee the continued viability of the surety bond, the parcel owner shall consent to the town's recording of a lien against the parcel for the decommissioning cost.
(14) Operation and maintenance plan. Solar installations shall submit an operation and maintenance plan that details how the installation will be operated and maintained in good condition, at a minimum, shall address:
a. Site access maintenance.
b. Vegetation management to maintain the required vegetated buffer and appropriate pollinator-friendly vegetative ground cover.
c. Equipment and fence maintenance.
d. Any other maintenance that may be needed to address town requirements imposed due to unique site conditions.
e. Stormwater management and maintenance plan will be required.
f. Not using dust suppressants on solar panels.
(15) Environmental concerns.
a. Any applicant proposing a solar energy system that includes clearing more than 40,000 square feet of forested area shall assess the impacts of the forest loss and how the impacts can be mitigated. At a minimum, the following issues must be addressed: Water quality, habitat, carbon sequestration and storage and adjacent properties.
b. Any clearing or site work on a property occurring within two years of the date of an application for a major solar installation shall be considered part of the major solar installation for the purposes of the foregoing analysis and findings.
(16) Solar land coverage.
a. In the AR, GB, and HC2 districts, the solar land coverage plus any additional or existing structures on the lot shall not exceed 40 percent of the land suitable for development of the lot unless the solar installation is being installed on a brownfield, in which instance there shall be no restrictions on solar land coverage.
b. There are no restrictions on solar land coverage in the M district and the planning board shall have the authority to require mitigations to maintain aesthetic appeal.
(f) Incentives. Pursuant to [G.L.] § 44-3-21, a property meeting the following criteria shall be exempt from tangible taxation, and such exemption shall be applied for, verified by, and filed with the town's tax assessor:
(1) The additional cost or value of any solar installation which is being utilized as a primary or auxiliary power system for the sole purpose of supplying the energy needs of the property on which it is located.
(Ord. of 7-23-2015, art. VI, § 23; Ord. of 10-8-2020(1); Ord. of 10-26-2023(7))