Agricultural accessory ground-mounted solar systems
a. It is the intent of this section to specifically provide an offset of the energy requirements used in conducting agricultural operations on recognized farmland. The applicant must demonstrate regular and customary energy use is needed to operate farm machinery, equipment, and structures solely dedicated to agricultural use on the subject parcel.
b. An eligible property shall consist of a single parcel and shall meet each of the following additional express conditions for approval:
(1) At the time of application and throughout the life of the agricultural accessory SES, be enrolled in the RI DEM Farm, Forest and Open Space Program and accepted by the Town of Tiverton Tax Assessor as a farm.
(2) Has a minimum of five acres exclusively and actively devoted to agricultural and/or horticultural use where such acreage shall not be decreased by the installation of the SES.
(3) Has an active and approved USDA Farm Conservation Plan.
(4) At the time of application, had filed a U.S. Internal Revenue Form 1040 with the Internal Revenue Service, had a State of Rhode Island farm tax number, and has earned at least $2,500.00 gross income on farm products in either of the two years preceding the date of application.
(5) At the time of application, the applicant must demonstrate that any ground-mounted agricultural accessory SES has been designed to produce no more than 125 percent of the energy that is necessary to support the existing the agricultural operations on the parcel including agricultural buildings and accessory structures. Where there is an existing residential use on the parcel, the calculation may include the usage for one single-family residence and its associated accessory structures. The applicant shall provide the energy consumption documentation for the use(s) for the previous three-year period.
c. Agricultural accessory ground-mounted SES shall be reviewed and permitted under Article VII, Major Land Development or Subdivision, and where necessary Article XV, Unified Development Review, of Appendix B, Land Development and Subdivision Regulations.
d. Once permitted, no subdivision of the parcel is allowed until the SES is decommissioned and removed, nor is any further development of the parcel excepting that which supports the agricultural use.
e. Dual use of the solar lot coverage area is permitted in conjunction with agricultural production provided that the agricultural maintenance plan is consistent with all stormwater and erosion control requirements.
(Ord. of 11-14-22(2); Ord. No. 2024-0013, 9-9-24)