The purpose of the supplementary regulations enumerated in this article is to set specific conditions and dimensional criteria for various uses or areas, where general regulations are not applicable.

(Ord. of 6-23-1994, art. VI (intro. ¶); Ord. of 2-8-2024(3))

The space in a front, side or rear setback shall be open and unobstructed with the following exceptions:

(1)

An unenclosed porch may extend up to ten feet into a side or rear setback.

(2)

Ordinary projections of windowsills, cornices and other ornamental features may extend up to five feet into any setback.

(3)

Landscape features such as trees, shrubs and terraces may be placed in any setback. Fences shall be set a minimum of five feet back from the road line.

(4)

In GB and HC2 districts, an outdoor telephone booth may be located in front setback, provided it is adjacent to a permitted parking area.

(Ord. of 6-23-1994, art. VI, § 1; Ord. of 9-9-2010; Ord. of 10-26-2023(4); Ord. of 4-25-2024(14))

Editor's note— An ordinance adopted Apr. 25, 2024, amended the title of § 38-272 to read as herein set out. The former § 38-272 title pertained to yard exceptions.

(a)

Corner lots. For the purpose of complying with section 38-192, the minimum lot frontage on both roads shall comply with the minimum lot width for the district of location. All other dimensional regulations of article IV shall apply. In the case of a corner lot with two yards not fronting on a road but adjacent to yards fronting on a road, the yard having access to the lot shall be the front yard. The rear yard shall be the yard opposite the front yard. The yard fronting a road without access shall be one side yard. The other side yard shall be the remaining yard. On any corner lot, no driveway or access way shall be constructed within 75 feet of the intersection of two road lines.

(b)

Through lots. For the purpose of complying with section 38-192, on a through lot, at least one lot frontage shall meet minimum zoning requirements for the district. The yard having access to the lot shall be the front yard. The rear yard shall be opposite the front yard. The yards which are not front and rear yards shall be side yards.

(Ord. of 6-23-1994, art. VI, § 2; Ord. of 8-27-2015(2); Ord. of 1-25-2024(2))

Editor's note— An ordinance adopted Jan. 25, 2024 amended the title of § 38-273 to read as herein set out. The former § 38-273 title pertained to corner lots.

All construction of driveways that will access town roads requires a permit from the building and zoning inspector and public works director before construction can begin.

(Ord. of 6-23-1994, art. VI, § 3)

At road intersections, in all districts, no structure shall be erected above a height of three feet above the road level, and no vegetation shall be planted and allowed to grow above a height of three feet above the road level within the triangle formed by the two intersecting road lines and a third line joining points on these road lines 15 feet from the intersection. Poles not exceeding six inches in diameter are exempt from this section.

(Ord. of 6-23-1994, art. VI, § 4)

Cross reference— Traffic, ch. 36.

(a)

Must occupy the same lot as the residence of the owner.

(b)

Building not to exceed 1,000 square feet. Requires review pursuant to section 38-395.

(Ord. of 6-23-1994, art. VI, § 5; Ord. of 11-9-2023(8))

Editor's note— An ordinance adopted Nov. 9, 2023, repealed the former § 38-276, and enacted a new § 38-276 as set out herein. The former § 38-276 pertained to lots divided by zoning district boundary, and derived from an ordinance adopted June 23, 1994, art. VI, § 5.

(a)

No individual sewage disposal system shall be located, designed, constructed, maintained, altered, or repaired except in accordance with G.L. title 23, chapter 19.5, as amended, and the rules and regulations establishing minimum standards relating to location, design, construction, and maintenance of individual sewage disposal systems, as amended, promulgated by the Rhode Island Department of Environmental Management (collectively, the "ISPS Law and Regulations").

(b)

No facility designed to leach fluid wastes into the soil and no structure shall be located near any water body, stream, brook or river except in compliance with the ISPS Law and Regulations and the Wetlands Law and Regulations (referenced below), as evidenced by such certificates and approvals as may be required by such laws and regulations.

(c)

An OWTS shall be located at least 100 feet away from a well and at least 50 feet from the property line except where the property borders a public or private road in which case the distance from the road line may be reduced to 35 feet.

(Ord. of 6-23-1994, art. VI, § 6; Ord. of 3-5-1998; Ord. of 1-14-2016(1); Ord. of 10-26-2023(5))

Designs for the construction or reconstruction of any surface or subsurface drainage control systems including, but not limited to, ditches, trenches, swales, curtain drains, French drains or drainage systems intended to lower the natural water table or divert surface runoff which discharges closer than 75 feet to a boundary must be submitted to the zoning official. After a determination by the director of public works that the proposed design will not adversely impact the existing drainage system of any town road or public right-of-way by increasing the volume of water to be carried by such system, the zoning official will issue a permit for construction.

(Ord. of 6-23-1994, art. VI, § 7)

Cross reference— Soil erosion and sediment control, ch. 26.

No more than one main residential structure shall be permitted on a lot except as may be permitted under the provisions of section 38-192.

(Ord. of 6-23-1994, art. VI, § 8)

House trailers or mobile homes, so-called, whether on wheels, temporary foundations or permanent foundations shall not be permitted within the town, except as follows: trailers that were lawfully located in the town as of July 1, 1971, and replacements for such trailers; camping trailers, so called; and trailers when used as a temporary substitute residence following damage, arising from fire, windstorm or sudden casualty to a permanent residence which has made such permanent residence uninhabitable. Such temporary use of a house trailer shall continue only during repairs to the permanent residence and shall, in no event, continue for a period of more than one year from the date of the zoning and building permit allowing its location. Such temporary house trailer shall be located only on the same lot as the damaged permanent residence is located and shall comply with all dimensional requirements of the district where located. Such temporary house trailers shall be promptly removed as soon as the permanent residence shall be habitable and, in any event, within one year of the date of the permit for its location. This section shall apply only to damage to a permanent residence occurring on and after January 1, 1974.

(Ord. of 6-23-1994, art. VI, § 9)

Cross reference— Manufactured homes and trailers, ch. 16.

Multifamily dwellings are permitted by obtaining a special use permit or a comprehensive permit pursuant to G.L. 1956, ch. 45-53 in the AR, NC and GBM districts. All such multifamily uses must meet the requirements as set forth in this section.

(1)

The minimum lot area for each multifamily use dwelling structure shall be 300,000 square feet and shall be increased in proportion to the total number of bedrooms per structure; refer to subsection (8)c of this section, except in cases where LMI housing is proposed and a density bonus pursuant to subsection (8)d is applied.

(2)

Dwelling unit is a structure or portion thereof providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation and containing a separate means of ingress and egress.

(3)

Each multifamily structure shall be provided with the necessary water supply and separate sewerage for sanitary and laundry facilities, all contained on the lot. All such systems shall be in conformance with the RI Department of Environmental Management Regulations currently in effect and all town regulations and standards. Where town, state and/or other standards are in conflict, the higher standards shall prevail.

(4)

The development shall constitute an environment of sustained desirability in conformance with the policies and goals of the comprehensive community plan.

(5)

Before a special use permit for a multifamily structure or multifamily development shall be granted, the site plan, together with supporting documents, shall be reviewed by the Foster Planning Board, after which review, the planning board shall publish a report of its findings and recommendations pertaining to the conformity of the proposed development with the comprehensive plan and the requirements of this section. Copies of this report shall be sent to the zoning board of review and to the office of the town clerk, who shall maintain copies for public inspection upon request. The zoning board of review shall grant no special use permit for multifamily developments without first receiving the aforementioned opinion of the town planning board. The building official shall grant no building permit or certificate of occupancy except for construction and occupancy in strict compliance with conditions set by the zoning board of review. Such building permits must be requested within six months of the date of approval.

(6)

In cases where a comprehensive permit is requested by an applicant for LMI housing, the planning board shall serve as the "local board of review" pursuant to G.L. 1956, ch. 45-53 and shall follow procedures provided thereto and in the land development and subdivision review regulations.

(7)

Procedures for applicant.

a.

Special use permit not requiring subdivision of land. The applicant shall apply to the Foster Zoning Board of Review for a special use permit. The secretary of the zoning board of review shall forward the applicant's plans to the Foster Planning Board for review and opinion prior to the conclusion of the public hearing for the special use permit.

b.

Special use permit requiring subdivision of land. A request for a special use permit requiring subdivision approval shall first be submitted to the Foster Planning Board under the Foster Subdivision Regulations. Upon receipt of "preliminary approval" by the planning board for the subdivision, the applicant shall then apply to the zoning board of review for a special use permit.

c.

Comprehensive permit. Any applicant proposing to build LMI housing may submit to the planning board a single application for a comprehensive permit to build that housing in lieu of separate applications to the zoning board. This procedure is only available for proposals in which at least 25 percent of the housing is LMI housing. The application and review process for a comprehensive permit are contained in the land development and subdivision review regulations.

(8)

Standards for development.

a.

Permitted uses. Only multifamily structure(s) and their accessory uses will be permitted. "Accessory uses" may include indoor and outdoor parking facilities and most ordinary residential uses, but shall not include, office uses, restaurant and entertainment uses, commercial uses, wholesale business and storage, industrial uses, home occupations, professional office and neither storage nor overnight parking of commercial vehicles which have a capacity of over one and one-half tons.

b.

Maximum lot coverage. The total ground area, occupied by the buildings, together with all accessory building(s), shall not exceed 20 percent of the total area of the lot.

c.

Dimensional regulations. Each lot shall meet the following lot area and front, side and rear yard dimensions:

2.

Minimum front yard depth .....100 feet

3.

Minimum rear yard depth .....100 feet

4.

Density bonus—Multi-unit structures may be allowed a density bonus of up to a maximum of eight bedrooms per acre for LMI housing as approved by RI DEM based on the soils.

d.

Additional requirements. Additional requirements are as follows:

1.

The specified lot area excludes ponds, streams and other freshwater wetland areas.

2.

Lot frontage as defined in article I of this chapter.

3.

The total number of bedrooms per structure is related to the design daily sewage flow (two person occupancy per bedroom) in accordance with state DEM regulations currently in effect.

4.

A buffer strip is a strip 50 feet in width or depth alongside and rear lot lines that shall be maintained as a landscape buffer strip.

5.

No principal building shall exceed 35 feet in height or two stories. No accessory building or other permitted structure shall exceed 20 feet in height.

6.

Each building shall be provided with an enclosed fireproof waste pen of sufficient size to accommodate all trash and waste stored on the premises. The waste pen and utility area shall be properly screened and buffered from all buildings and property lines. No trash shall be disposed of on the premises.

7.

Minimum off-street parking shall be provided and maintained as follows:

i.

Two car spaces per dwelling unit (300 square feet per space including access, egress and general circulation).

ii.

No parking shall be permitted within 75 feet of any boundary line or within the required minimum front yard.

iii.

Off-street parking spaces and service drives shall be located within the boundaries of the lot being developed as a multifamily development, and provided in accordance with section 38-286.

(Ord. of 6-23-1994, art. VI, § 10; Ord. of 10-3-2009; Ord. of 9-9-2010)

Attached accessory apartments will be allowed for parents and in-law parents or grandparents of the occupant or occupants of the principal residence as a means of increasing affordable housing. These units may be no more than 600 square feet. As a condition for obtaining a zoning certificate and building permit for a structure with a one-bedroom, family apartment in accordance with section 38-192 under residential uses, the applicant for the permit shall sign a statement agreeing to this restriction, for use by family members only, which agreement shall be recorded in the land evidence records of the town at the expense of the applicant, and which agreement shall run with the land so as to be applicable to and binding upon subsequent owners and shall be enforceable against the applicant, his heirs, devisees, successors and assigns.

(Ord. of 6-23-1994, art. VI, § 11)

This section is reserved.

(Ord. of 6-23-1994, art. VI, § 12)

(a)

Purpose. The purpose of this section is to promote the establishment of new housing developments, particularly suited for senior citizens, within a designated R-SC district; to promote the use of land to facilitate a more economic arrangement of buildings, common facilities, vehicular circulation and utilities; to preserve to the greatest extent possible the existing natural landscape features and to utilize such features in a harmonious fashion; to allow for some flexibility in design and location of multiple structures on the same lot and to ensure a quality of construction and maintenance of the development commensurate with existing single-family dwellings within the community.

(b)

Variances. In accordance with the purpose stated in subsection (a) of this section, the town recognizes that senior citizens, as a special class of residents, have particular needs and different life styles such that a housing development proposed exclusively for this purpose may be entitled to stronger consideration regarding several variations from the multifamily dwelling requirements.

(c)

Senior citizen or elderly person defined. Senior citizen or elderly person shall mean herein a person 62 years of age or older, or a handicapped person.

(d)

Review of site plan. The planning board shall review the site plan of the proposed development to determine its conformance with the requirements of this section. Within 45 days of receipt of the applicant's final site plan and supporting documents, the planning board shall submit a written report to the zoning official stating its findings and any special requirements for approval, with a copy to the town council. No zoning certificate shall be issued without written recommendation by the planning board.

(e)

Additional R-SC regulations and standards. Additional R-SC district regulations, standards for development and special provisions are as follows:

(1)

Each living unit shall be designed for occupancy by no more than two persons and shall be considered a single bedroom unit. Up to ten percent of the living units may be planned for occupancy by handicapped persons.

(2)

No fewer than three, nor more than ten, living units shall be planned within a single structure.

(3)

The maximum number of living units within any single development shall be 30.

(4)

A private nonpublic road for the main circulation within the development shall be permitted provided it is designed and constructed in accordance with current subdivision regulation requirements governing reserved right-of-way width, width of improved roadway, storm drainage and other features.

(5)

The entire development including the structures and land shall remain solely owned, meaning one person, firm, corporation or partnership.

(6)

Permitted uses for senior citizens group housing may include such accessory use, attached or detached, structures directly in support of the community living concept such as a community hall, but limited to use by the residents of the development and occasional guests.

(7)

Water supply and sewerage requirements for each structure shall be planned in accordance with section 38-277.

(8)

The requirements for off-street parking, cited in section 38-286, may be reduced to require one car space per dwelling unit, provided additional infrequent and temporary parking can be accommodated by the roadway.

(9)

Site plan/building design. A site plan for a proposed senior citizens group housing development shall be prepared in accordance with section 38-393. The applicant shall submit a preliminary and final site plan to the planning board as part of the review process required in section 38-393.

(10)

A buffer strip will be maintained in accordance with section 38-281(7)d.

(11)

Provisions for rubbish disposal will be provided for in accordance with section 38-281(7)d.4.

(Ord. of 6-23-1994, art. VI, § 13)

Drive-through uses, where permitted, shall meet the following development standards:

(1)

There shall be adequate off-street parking and loading spaces to serve the proposed use. There must be sufficient on-site stacking areas to accommodate at least ten queued vehicles, entering the site waiting to park or approach the order window/order box, and at least three queued vehicles exiting the site.

(2)

Any accessory drive-through window(s) shall be properly located within the parking and circulation plan to avoid any effect on traffic.

(3)

Vehicular entrances and exits shall be controlled by curbing.

(4)

All other dimensional and parking requirements for the site and the use shall be met.

(Ord. of 10-26-2023(6); Ord. of 4-11-2024(28))

Editor's note— An (ordinance adopted Oct. 26, 2023, repealed the former § 38-285, and enacted a new § 38-285 as set out herein. The former § 38-285 pertained to standards for commercial and industrial development, and derived from an ordinance adopted June 23, 1994, art. VI, § 14.

Cross reference— Businesses, ch. 12.

(a)

Any structure or use erected or developed after July 6, 1967, must provide off-street parking facilities in accordance with the following regulations:

(1)

Dwellings and motels, one car for each dwelling unit;

(2)

Hotels and lodginghouses, one car space for every two suites or rooms;

(3)

Office uses, one car space for every 250 square feet of floor area;

(4)

Retail and service businesses, one car space for every 200 square feet of gross building area, with a minimum of four spaces per building;

(5)

Parking space width, nine feet;

(6)

Restaurants, theaters, churches and other places of assembly, one car space for every five persons of capacity;

(7)

Industrial and wholesale uses, two car spaces for every three employees; and

(8)

All other uses, parking as may be required by commercial site review, section 38-394.

(b)

Plans and specifications for the required parking facility and its access drives shall be submitted at the time of application for the zoning certificate for the main use. In allocating space for off-street parking facilities, each car space shall have a minimum width of nine feet and minimum length of 18 feet and shall be served by suitable aisles to permit access to all car spaces. In no case shall the gross area of the facility be less than 270 square feet per car space.

(c)

Off-street parking lots of more than two motor vehicles capacity shall conform to the following standards of construction:

(1)

The area shall have a dust free, hard surface and shall be provided with bumper guards where needed.

(2)

Where such area adjoins or lies within an AR agricultural/residential district, or adjoins a residential use in any other district, an opaque fence not less than four feet nor more than six feet in height, or a compact evergreen screen not less than four feet in height shall be erected and maintained between such area and the adjoining AR district or residential use.

(3)

Lighting fixtures used to illuminate the parking area shall reflect away from adjoining property and away from adjacent traffic arteries.

(d)

In any AR district, the parking or storage of commercial vehicles of over 1.5 tons capacity and of commercial or house trailers (not including camping trailers) shall not be permitted except where such parking or storage is directly related to and is accessory to a permitted use or a legal preexisting use.

(Ord. of 6-23-1994, art. VI, § 15)

Cross reference— Traffic, ch. 36.

All commercial and industrial structures erected after June 23, 1994, shall provide off-street loading facilities. Plans and specifications for such loading facilities shall be submitted to the zoning official at the time of application for the zoning certificate for the main use. Where a loading facility is to be located in or adjacent to an AR district, the regulations contained in section 38-287 concerning screening, surfacing and lighting shall apply. Such a loading facility shall be sufficient in size to eliminate the projection of vehicles into a road right-of-way.

(Ord. of 6-23-1994, art. VI, § 16)

Cross reference— Traffic, ch. 36.

(a)

Definitions.

Abandoned means the business structure associated with the sign has been closed, demolished, or not maintained, for a period exceeding one year.

Animated sign means any sign that uses movement or the visual impression of movement, sound, or change of lighting to depict action or create a special effect and/or scene. Such signs include, but are not limited to, those that give the impression of flashing, running, blinking, oscillating, twinkling, scintillating, expanding, or contracting. Animated signs are prohibited.

Announcement board means a board or wall area on which bulletins, notices, or displays are temporarily posted. Such signs shall not exceed five square feet in area.

Billboard means any off-premises sign exceeding 15 square feet in area. Billboards are prohibited.

Building marker means any sign indicating the name of a building and/or date and/or incidental information about its history or construction. Such markers shall not exceed four square feet in area.

Construction sign means any sign which purpose is to display the name of the contractor and/or subcontractors employed on a work site, and/or the consultants and/or financial institutions participating in the project. Such signs shall be either freestanding or attached to the structure and shall not exceed 16 square feet in area. Such signs are meant to enhance public health and safety during construction and so shall be removed upon completion of construction. Such signs shall not be erected until building permits for the relevant project are pulled. This definition does not include signs located on the premises of the general offices of a contractor.

Directional sign means any sign which purpose is to direct vehicles and/or pedestrians onto, around, and off of a premises. Such signs shall be limited to four square feet in area including any attached corporate logos or other symbols. Such signs shall be limited to three feet in height from the top of the sign to grade. A name or logo on these signs shall not comprise greater than 20 percent of the total sign area.

Directory sign means a sign which provides dedicated space for listings of two or more professional, service, business, and/or commercial activities and is designated and constructed with provision to allow changes of occupancy to be reflected on the sign. One such sign shall be permitted per building, either as a wall directory sign or as a freestanding directory sign. Freestanding directory signs are permitted in lieu of individual freestanding signs and shall not exceed 15 feet in height or 60 square feet in sign area.

Externally illuminated sign means any sign which light source is located outside of the sign and is of a continuous white light in nature. This includes, but is not limited to, spotlights and stationary floods. All externally lit signs shall be illuminated with steady, fully shielded light sources aimed directly onto the sign.

Light from external sources may not project beyond the edge of the sign face in any direction, whether onto another property or into the night sky. The intensity of sign lighting shall not exceed that necessary to illuminate a sign from the closest adjacent public right-of-way.

Freestanding sign means any sign supported by a structural device or devices that is placed on, or anchored into, the ground and that is independent from any building. One freestanding sign shall be permitted per lot with a maximum visible sign area of 40 square feet. Where more than one business is located on a lot, up to three freestanding signs shall be permitted, provided that the total square footage of visible sign area does not exceed 40 square feet. A minimum sign clearance of eight feet is required between the grade and the base of the lowest part of the sign to ensure adequate sight clearance for pedestrians and vehicles. Maximum sign height shall be 15 feet and all such signs shall be set back a minimum of ten feet from all lot lines. The area immediately underneath and around the base of the sign shall be landscaped per the landscaping requirements of this chapter.

Gas and service station sign means signs necessary to the operation of filling and service stations limited to the following:

(1)

Lettering on buildings displayed over individual entrance doors shall not consist of more than one such sign centered over each entrance, and the sign area shall not exceed 12 inches in height.

(2)

Lettering or other insignia which are part of a gasoline pump, consisting only of a brand name, lead warning sign, price, and other signs as required by law.

(3)

A credit card sign not exceeding one square foot in area, affixed to the building or window.

(4)

Other signs as permitted by this section.

Government signs mean signs erected by or on behalf of the United States of America, the State of Rhode Island, and the Town of Foster, traffic controls, legal notices, or other signs required by law including all signs erected under the authority of the Town of Foster. The town shall have the ability to erect such signs without sign approval.

Internally illuminated sign means any sign, exclusive of neon signs, whose light source is located behind and/or within the sign itself or behind and/or within any individual element(s) of a sign. Internally illuminated signs shall use semi opaque materials for sign copy such that the light emanating from the sign is diffused. Transparent or clear materials are not allowed for sign copy. Non-copy portions of the sign (e.g., background and graphics) shall be made of completely opaque material.

Incidental sign means a sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "loading zone," "open," "telephone," and other similar directives. Such signs shall not exceed six square feet in area and shall not count toward the maximum visible sign area.

Incidental sign, residential means a sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no trespassing," "beware of dogs," and the like. Such signs shall not exceed six square feet in area and shall not count toward the maximum visible sign area.

Institution/organization sign means a wall sign or freestanding sign whose sign display is not to exceed 12 square feet and is used on premises for church, hospital, library, museum, art gallery, historic preservation, or similar organization.

Legal nonconforming sign means:

(1)

A sign which was erected legally prior to the enactment of this article;

(2)

A sign which does not conform to the sign regulation requirements, for which zoning relief has been granted through the zoning board of review.

Lot frontage means roadway frontage on a local access road.

Monument sign means any sign whose base is in contact with or within one foot of the ground. Where permitted, only one monument sign shall be allowed per lot in lieu of a freestanding sign and shall have a maximum sign area of 50 square feet and shall be set back a minimum of ten feet from all property lines. Maximum sign height shall be eight feet. The area immediately underneath and around the base of the sign shall be landscaped per the landscaping requirements found in this chapter.

Moving sign means any sign moved by mechanical or natural means, such as wind. Moving signs are prohibited.

Nameplate means material on which a name and/or professional designation is inscribed or painted. Professional nameplates shall indicate a name and/or professional designation and/or affiliation and shall not exceed one square foot per professional occupant. Residential nameplates shall display the name and address of resident and shall not exceed one square foot in area. All such nameplates shall be affixed either to a door, an adjacent wall of the premises, or a lamp post/mail box.

Neon sign means an electronic sign illuminated by inert gas confined to a glass tube. Such signs may be classified as "window" signs or as "projecting" signs and must meet all definitions and requirements of those sign types as addressed in this section.

Nonconforming sign means any sign that does not conform to the requirements of this chapter.

Off-premises sign means a sign not related or associated with the use of the property on which the sign is located. These signs are prohibited from all public rights-of-way, municipal buildings, and town-owned property, and shall not be affixed to any traffic signs, utility poles, nor to any trees located in public rights-of-way or on town property.

(1)

Off-premises sign, commercial use (article IV, zone regulations, description of uses) means any sign not related or associated with the commercial use of the property on which the sign is located.

(2)

Off-premises sign, non-commercial use (article IV, zone regulations, description of uses) means any sign not related or associated with the non-commercial use of the property on which the sign is located. These signs that also meet the definition of a temporary sign shall be permitted in all zoning districts and may be of any type and size of sign allowed therein and shall be subject to the same requirements, restrictions, and set back limitations applicable to other sign types in those zones. These signs that do not meet the definition of a temporary sign are not allowed.

Principal building means the building in which the principal use of the lot is conducted. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings.

Projecting sign means any sign affixed to a building or wall in such a manner that it extends more than ten inches beyond the surface of such building or wall. Such signs shall be permitted in lieu of freestanding signs or monument signs. Only one projecting sign shall be permitted per business and shall be perpendicular to the wall to which it is attached, its nearest edge being no less than three inches and its furthest edge projecting no greater than 48 inches from the wall. The projecting sign shall have a maximum sign area of ten square feet and its lowest edge shall be a minimum of eight feet from the ground.

Real estate sign means any sign advertising the real estate upon which the sign is located as being for rent, lease, or sale. Residential real estate signs shall be permitted for individual residential properties and for residential subdivisions, and shall not exceed 20 square feet in area. Only one residential real estate sign per lot and/or subdivision shall be permitted. Commercial and industrial real estate signs shall be permitted for industrial and commercial properties and shall not exceed 60 square feet in area. All residential, commercial, and industrial real estate signs shall be removed within two weeks of the sale or lease of the associated property, unit, or entire subdivision. Signs must be non-illuminated, constructed of durable materials, and placed only on the property for sale, rent, or lease.

Sign means any device, fixture, display, placard, or structure that uses any color, form, graphic, illumination, symbol, and/or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. A wall sign shall consist of both a sign face and a bracket. A freestanding sign shall consist of the sign face(s), bracket(s), post(s) and frame. A monument sign shall consist of the sign face(s) and support base.

Subdivision identification sign means one freestanding permanent sign may be installed at all exclusive entrances to a development. Each sign shall have a maximum sign area of 16 square feet. These signs shall not be located within the public right-of-way or on town-owned or controlled land.

Temporary sign means any sign not permanently installed or any sign only intended for use for a limited period of time. Such signs shall be permitted in all zoning districts and may be of any type and size of sign allowed therein and shall be subject to the same requirements, restrictions, and set back limitations applicable to other sign types in those zones. Temporary signs are prohibited from all public rights-of-way, municipal buildings, and town-owned property, and shall not be affixed to any traffic signs, utility poles, nor to any trees located in public rights-of-way or on town property. Such signs shall not remain in place for more than 120 days.

Town refers to all governmental entities of the Town of Foster.

Wall sign means any sign attached parallel to, but within ten inches of a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure which is supported by such wall or building, and which displays only one sign surface and is supported by such wall or building. One such sign shall be permitted per business per building face with a maximum of three per business. The maximum width of the sign display shall not exceed 70 percent of the linear frontage associated with the business unit. This provision shall only apply to those businesses located within the main structure(s) and shall not apply to any other freestanding structures (i.e. pad sites, kiosks, outbuildings, etc.). All wall signs must be directly associated with the business, entity, or enterprise located within the building or structure to which they are attached, painted, or erected as described above. Any wall signs that are not directly associated with said business, entity, or enterprise are strictly prohibited.

Window sign means any sign that is placed inside a window or upon the window panes or glass (exclusive of merchandise display). Permanent window signs may be applied to, painted on, or attached to the inside of each window associated with a business. The area of such window signs shall be counted toward the maximum visible sign area. All window signs shall not exceed 25 percent of the total window area. Such signs must not be illuminated when the business is closed. Electronic or LED monitors (such as TV screens) shall not be used as window signs.

(b)

Computations. The following principles shall control the computation of sign area and sign height:

(1)

Sign display. The sign display is a portion of the permitted sign area. The area of a sign display shall be computed by means of the smallest square or rectangle that will encompass the extreme limits of the writing, representation, emblem, or other display.

(2)

Sign area, single-faced signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed as the area of sign display together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed.

(3)

Sign height. The height of a freestanding sign shall be computed as the distance from the base of the sign pole at normal grade to the top of the sign area. The height of a monument sign shall be computed as the distance from the base of the sign at normal grade to the top of the sign area. Normal grade shall be construed to be the lower of:

a.

Existing grade prior to the construction; or

b.

The newly established grade after construction.

(c)

General regulations.

(1)

Changes to nonconforming signs. Enlargement or relocation of legal nonconforming signs requires additional approval from the zoning board of review.

(2)

Rhode Island Building Code. Within all zones and districts, all signs shall comply with applicable provision(s) of the Rhode Island State Building Code and the National Electric Code.

(3)

Sign maintenance. Within all zones and districts, all signs shall be maintained in good structural condition in conformance with this article (unless otherwise allowed through the zoning board of review) at all times.

(4)

Landscaping requirements. For the purposes of this article, "landscaping" shall include any combination of living plants such, as grass, ground cover, shrubs, vines, or hedges and nonliving landscape materials such as rocks, pebbles, sand mulch, or decorative paving material. In the case of freestanding or monument signs, the requirement shall be that the area immediately underneath the sign and the entirety of an area extending two feet radially from the sign base or supports shall be landscaped. Landscape materials may not obstruct the view of the sign message.

(5)

Illumination. Externally lit signs are allowed in all zones, provided they are oriented such that the light is directed away from any adjacent properties and traffic arteries and is of a continuous white nature. The intensity of sign lighting shall not exceed that necessary to illuminate and make legible a sign from the adjacent travel way or closest right-of-way; and the illumination of a sign shall not be obtrusive to the surrounding area. A sign shall only be illuminated during the hours of operation of the use, business or activity being identified or advertised up to one hour after closing.

(6)

Alterations. Any legally existing sign (including legal nonconforming sign) may be altered either to update the sign content or to reflect new information, provided that the alteration does not result in any change in the sign's extent, location, or illumination.

(d)

Sign table.

(e)

Regulations by zone.

(1)

Agricultural/residential (AR).

a.

Setbacks. No sign shall be placed within five feet of a lot line or roadway, or the setback specified by the sign type definition (whichever is greater).

b.

Height. No sign shall be greater than five feet in height.

c.

Lighting. No external illumination of a permitted sign shall be greater than 75 watts/1,500 lumens.

d.

Total sign area. No sign shall exceed 20 square feet in area, or the size restriction specified by sign type definition (whichever is less).

(2)

General business (GB).

a.

Setbacks. No sign shall be placed within five feet of a lot line or roadway, or the setback specified by the sign type definition (whichever is greater). No sign shall be sited within 30 feet of an AR zone boundary.

b.

Height. No sign shall be greater than 20 feet in height.

c.

Lighting. No external illumination of a permitted sign shall be greater than 250 watts/5,000 lumens.

d.

Total sign area. No sign shall exceed 100 square feet in area, or the size restriction specified by sign type definition (whichever is less).

(3)

Municipal.

a.

Setbacks. No sign shall be placed within five feet of a lot line or roadway, or the setback specified by the sign type definition (whichever is greater).

b.

Height. No sign shall be greater than five feet in height.

c.

Lighting. No external illumination of a permitted sign shall be greater than 75 watts/1,500 lumens.

d.

[Total sign area.] No sign shall exceed 20 square feet in area, or the size restriction specified by sign type definition (whichever is less).

(4)

Highway commercial (2) (HC2).

a.

Setbacks. No sign shall be placed within five feet of a lot line or roadway, or the setback specified by the sign type definition (whichever is greater). No sign shall be sited within 30 feet of an AR zone boundary.

b.

Height. No sign shall be greater than 20 feet in height.

c.

Lighting. No external illumination of a permitted sign shall be greater than 250 watts/5,000 lumens.

d.

Total sign area. No sign shall exceed 100 square feet in area, or the size restriction specified by sign type definition (whichever is less).

(f)

Prohibitions. For the purposes of regulating unauthorized signage, protecting the health, safety, and welfare of residents, promoting the safety of the traveling public, protecting existing property values, preventing the overcrowding of land, encouraging positive economic development, and promoting a positive community appearance as part of a concerted effort to protect and enhance the aesthetics of the town for the enjoyment of all citizens, certain sign types are not allowed. It is recognized here that, unlike on-premises signs which are actually associated with the use of the property where the sign is located, "off-premises signage" is separate and distinct and thereby unrelated to the use of the property where the sign is located. With a view to this distinction, and in furtherance of the above stated goals, off-premises signs are regulated differently from on-premises signs.

In addition to the signs described as prohibited under the sign table, the following signs and sign materials are also expressly prohibited:

(1)

Signs which are attached to natural features, stone walls, utility poles, utility boxes, traffic signs, fences, or highway structures. This does not include residential incidental signs.

(2)

Signs attached to or placed on or against trailers or vehicles, whether registered or unregistered. This does not include signs adhered or painted onto vehicles.

(3)

Signs in the public right-of-way, except for those installed by the government.

(4)

Signs which imitate, and may be confused with, an official traffic control sign or signal, or an emergency or road equipment vehicle.

(5)

All other signs which have not been expressly permitted within this chapter.

(6)

All existing signs erected without the necessary approvals and/or permits.

(7)

Off-premises signs, commercial use including billboards.

(8)

Moving devices, such as pennants, ribbons, streamers, spinners, or the like.

(9)

Roof-mounted signs.

(10)

Signs with any statement, symbol, or picture of an obscene nature.

Additional signs prohibited. The total number of permitted exterior signs at any business shall not exceed four. This number shall include any combination of wall signs, freestanding signs, monument signs, and projecting signs.

(g)

Nonconforming signs. A sign shall lose its legal nonconforming status when:

(1)

The sign is enlarged or reduced without approvals.

(2)

The sign is relocated without approvals.

(3)

The sign shall not have been repaired or properly maintained within 30 days after written notice to the effect has been given by the building official and/or director of planning, or their designees.

(4)

The sign structure is removed and replaced with another nonconforming sign, regardless of its size.

(5)

The business structure associated with the sign has been abandoned and demolished. A sign shall not lose its legal nonconforming status when:

a.

A wall sign is removed for construction, painting and/or restoration of the building, provided that the sign is returned to its location within 30 days of completion of the building work.

b.

The sign is removed to facilitate repair, maintenance and/or repainting and replaced immediately upon completion of such work.

(h)

Enforcement.

(1)

Permanent signs require a sign permit, excepting residential incidental signs. Applications are available from the building official.

(2)

A sign shall be considered in violation of the provisions of this article if:

a.

It is prohibited.

b.

It loses its nonconforming status.

c.

It is considered abandoned.

d.

It is considered unsafe or unsecure.

1.

The zoning enforcement officer will follow violation procedure as outlined in section 38-3.

2.

Notwithstanding the provisions of subsection l above, a sign may be removed if reasonable efforts to contact the owner have been unsuccessful and the sign constitutes an immediate threat to safety of persons or property as determined by the zoning enforcement officer or a designee.

(Ord. of 6-23-1994, art. VI, § 17; Ord. of 1-14-16(2); Ord. of 10-12-2023(2))

No construction, excavation or other ground disturbing activity shall take place within 25 feet of a cemetery except in compliance with the following provisions pursuant to G.L. § 23-18-11:

(1)

The boundaries of the cemetery are adequately documented and there is no reason to believe additional graves exist outside the recorded cemetery and the proposed construction or excavation activity will not damage or destructively alter the historic cemetery through erosion, flooding, filling, or encroachment; or

(2)

The proposed construction or excavation activity has been reviewed and approved by the city or town in accordance with [G.L.] § 23-18-11.1.

Ordinary road maintenance on town roads shall be exempt from these distance requirements. When an application for any project or development involving construction, excavation or other ground disturbing activity is filed on a property or portion of right-of-way or portion of proposed right-of-way directly abutting a cemetery of which the boundaries are not adequately documented and there may be reason to believe additional graves exist outside the recorded cemetery and/or the proposed construction or excavation activity may damage or destructively alter the historic cemetery through erosion, flooding, filling, or encroachment it shall be considered an application for alteration of a historic cemetery pursuant to [G.L.] § 23-18-11.1.

In these cases the applicant, at its own expense shall conduct an archaeological investigation to determine the actual size of the cemetery prior to final consideration of the application to alter. After due consideration, the town council may grant the application to alter the historic cemetery in part under the supervision of an archaeologist and with any restrictions and stipulations that it deems necessary to effectuate the purposes of [G.L.] § 23-18-11.1 and this section, or deny the application in its entirety. Any person or persons aggrieved by a decision of the town council shall have the right of appeal concerning the decision to the superior court and from the superior court to the supreme court by writ of certiorari. Private road construction shall not undermine or destroy a cemetery. In addition, excavation on a property shall not undermine or destroy any cemetery, burial ground or any structures or gravesites located therein. This chapter shall not apply to the ordinary installation of gravesites, monuments, markers or mausoleums.

(Ord. of 6-23-1994, art. VI, § 18; Ord. of 1-25-2024(3))

For animals exceeding 35 on five acres or less: five additional animals for each additional acre over five acres (section 38-191(2)(b), agricultural use), a waste management and removal plan shall be submitted to the building official.

No land development approval or waiver for a kennel shall be granted or issued unless a waste management and removal plan is filed before or in conjunction with the land development submission and approved by the planning board or administrative officer. No renewal of a kennel license shall be granted unless a waste management and removal plan is on file at the time of the application for renewal and approved by the town clerk or town council, whichever is applicable.

(Ord. of 6-23-1994, art. VI, § 19; Ord. of 4-11-2024(29))

Cross reference— Animals generally, ch. 8.

(a)

Purpose. The purpose of this section is to provide guidelines for the siting of towers and antennae that are consistent with the rural character and land uses of the town. The goals of this section are to:

(1)

Establish the location of towers and minimize the total number of towers throughout the community, while providing seamless coverage.

(2)

Maximize location of antennae on existing structures, and require the joint use (collocation) of new and existing towers in order to minimize or mitigate any adverse impact on the town.

(3)

Facilitate the use of public property and structures for the siting of towers and antennas.

(4)

Establish that towers located in the agricultural, residential and municipal zones will be alternative tower structures that are complimentary to the existing character of the surrounding environment, if possible.

(b)

Applicability. No communications antenna array or communications tower shall be erected, constructed, altered, or maintained on any lot within the town after the November 19, 1998, without complying with the terms of this section. No communications antenna array or communications tower shall be erected, constructed, altered or maintained on any parcel designated as permanent open space held in trust by the town or by the Town of Foster Land Trust.

(c)

Development standards. The following development standards for communications towers and antennas shall apply, but not limit the authority of the zoning board of review under section 38-63.

(1)

General. Towers and antennas shall be subject to review as a major land development plan and is to include a commercial and industrial development site review by the planning board as provided in section 38-394.

a.

Town-owned sites or facilities that are located in the prospective development area which could potentially accommodate the proposed antennas and tower shall be considered first and given priority for locations of said antennas and/or tower.

b.

In the event town-owned sites or facilities are not available, the applicant shall make a reasonable effort to utilize existing structures or alternative tower structures for location of antennas. Should an existing structure not be utilized, evidence as to why shall be submitted.

c.

All towers, antennas, equipment shelters and any other communications equipment which have not been used for a period of one year shall be considered abandoned and shall be dismantled and removed at the owner's expense. The owner of such tower, antennas, equipment shelter and any other communications equipment shall remove the same within 90 days of the sending of notice from the building official. If such tower, antenna, equipment shelter and any other communications equipment is not removed within said 90 days, the town may take any necessary action to remove said tower, antenna, equipment shelter and any other communications equipment at the owner's expense.

(2)

Submission requirements.

a.

The applicant shall comply with the submission requirements of chapter 32 and the requirements of section 38-394.

b.

The applicant shall submit a master plan covering the entire town. The plan shall indicate all existing, proposed, or planned sites of such carrier, including alternative sites from which the needed coverage could also be provided. The plan will also indicate the zoning district, current use, and neighboring uses for all such sites.

c.

Towers shall be built so as to facilitate collocation and co-use of antennas. The applicant shall indicate how the site will be designed to collocate future carriers, and how many of such carriers can be technically accommodated. Consideration shall be given to the collocator of multiple antennas on one tower and technologies which allow co-use of a single antenna to maximize the number of carriers on a given structure.

d.

The application shall contain a statement that if the site will physically support collocation and the locator is willing to sign a commercially reasonable lease, it shall be allowed to collocate.

e.

Tower bases and their accessory structures shall be enclosed by a maintenance-free fence no less than six feet in height or more than eight feet in height from finished grade. Access shall be through a locked gate.

f.

Towers shall not be artificially lighted except as required for public safety reasons by the FAA, or by the town. All exterior lighting shall be full cutoff lighting.

g.

No signs shall be allowed on any towers except as required for public safety reasons and must be located within eight feet of the ground.

h.

The tower owner shall have the tower inspected for structural integrity in accordance with the state building code on an annual basis by a state-registered professional engineer. This inspection report is to be forwarded to the building official.

i.

This section shall not apply to any tower or antenna installation which is owned and operated by a federally licensed amateur radio operator, which tower or antenna does not exceed 70 feet in height. The term "federally licensed" means having a valid and active federal amateur radio license in compliance with all applicable federal laws, regulations and ordinances and having provided evidence of such compliance with the town clerk.

(3)

Location.

a.

Proposed tower locations shall be situated in such a manner as to minimize visual impacts upon sensitive receivers, including, but not limited to: National Register Historic Districts, Scenic Roads and Highways, as listed in the Town of Foster Comprehensive Plan. Viewshed analysis is required to establish the visibility of any tower, alternative tower, or development proposal.

b.

Setback requirements for towers from all property lines shall be sufficient such that in the event of any failure of the tower, the tower and all related accessories will fall within the property limits. In no case shall the setbacks be less than one-half foot per one foot of any height. Guy-wire supported structures and their guy supports shall be adequately protected and shall be setback from all property lines the minimum of the zoning district in which they are proposed but no less than 50 feet. The applicant will provide documentation, prepared and certified by a registered professional engineer to justify all setback dimensions.

c.

Equipment buildings are considered as accessory buildings and shall comply with the applicable setbacks of the underlying zone.

d.

The maximum height for a tower free standing or guyed shall be 190 feet.

(4)

Construction criteria.

a.

Plantings shall be of such a height and density to provide complete screening at ground level as viewed from the public road and abutting property lines. Existing vegetation shall be preserved to the maximum extent possible and may be used as a supplement towards meeting the screening goal. The owner of the property shall be responsible for all maintenance and shall replace all dead plantings within 30 days.

b.

If an antenna is installed on an alternative tower structure, the antenna and supporting electrical and mechanical equipment must be of a neutral color identical to, or closely compatible with, the color of the alternative tower structure so as to make the antenna and related equipment as visually unobtrusive as possible.

c.

Tower bases and their accessory structures shall be enclosed by a maintenance-free fence no less than six feet in height or more than eight feet in height from finished grade. Access shall be through a locked gate.

d.

Towers shall not be artificially lighted except as required for public safety reasons by the FAA, or by the town. All exterior lighting shall be full cut-off lighting.

e.

No signs shall be allowed on any towers except as required for public safety reasons and must be located within eight feet of the ground.

f.

The tower owner shall have the tower inspected for structural integrity in accordance with the Rhode Island Building Code on an annual basis by a Rhode Island registered professional engineer. This inspection report is to be forwarded to the Foster Building Official.

g.

This section shall not apply to any tower or antenna installation which is owned and operated by a federally licensed amateur radio operator, which tower or antenna does not exceed 70 feet in height. "Federally licensed" means having a valid and active federal amateur radio license in compliance with all applicable federal laws, regulations and ordinances and having provided evidence of such compliance with the town clerk.

(Ord. of 11-19-1998; Ord. of 1-24-2002; Ord. of 11-9-2023(9))

(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))

(a)

Purpose and definition. The purpose of this section is to encourage and support the protection and preservation of historic stone walls located in the Town of Foster; to establish general provisions for the alteration of such stone walls within the land development and subdivision, variance and special use, and permit application review processes; and to suggest guidelines for the rebuilding of stone walls or building of new stone walls.

Historic stone walls, defined as a structure of stones gathered and constructed by earlier generations into a purposeful formation and often intended to designate property boundaries or to identify and separate agricultural activities on a farm, were typically constructed before 1950.

Historic stone walls are valued as important parts of Foster's landscape and heritage; as artifacts of the unique agricultural past of the region and the harsh demands of farming in New England; as visual reminders of farms, cattle and wagon lanes, settlement patterns, and land use; and as functioning elements of the landscape and woodland habitat.

Ensuring a balance between preservation of the rural heritage and character of the Town of Foster, as represented by historic stone walls, and respect for private property rights is of utmost importance. It is in the public interest to both minimize any restriction of the rights of property owners while protecting and preserving historic stone walls and encouraging the rebuilding of stone walls or building of new stone walls.

(b)

General provisions—Historic stone walls.

(1)

The proposed alteration, relocation, excavation, dismantling, or demolition of a historic stone wall (or part thereof) shall be identified on any site plan submission that is required by:

a.

Application to the planning board as part of the minor or major land development and minor or major subdivision review process.

b.

Application to the zoning board of review or planning board as part of the variance or special use permit process.

c.

Application to the building official as part of the building permit process.

d.

Application to public works as part of the driveway permit process.

e.

Application to the planning board as part of the development plan review process.

(2)

Site plan submission shall include specific information as to the nature of the construction, excavation, or demolition project; the location and general condition of the existing historic stone wall(s) on the property, relative to the project; and the anticipated impact of the project on the historic stone wall(s).

(3)

The reviewing entity and applicant shall seek to find an alternate location of the use or project proposed to alter, relocate, excavate, dismantle, or demolish the historic stone wall. If no beneficial alternative is found to be possible, a plan to minimize the disturbance and/or mitigate the impact shall be substituted, such as:

a.

Abbreviating the cut-throughs as much as possible.

b.

Rebuilding, repairing, replacing, or relocating disturbed portions of the wall(s) in a manner that reasonably approximates the material and methods of the originals, using as many of the original stones as possible.

c.

Restoration of the ends of any such walls.

(4)

Any public works project initiated by the Town of Foster that is likely to affect abutting historic stone wall(s) not subject to a formal review process as required in subsection (b)(1) of this section shall give prior notice to the property owner.

(c)

Suggested guidelines—Other stone walls.

(1)

Rebuild stone walls and/or build new stone walls similar to those constructed by earlier generations, using native field stone and methods that approximate historic stone walls.

(2)

Rebuild, rather than dismantle, historic stone walls not subject to a formal review process as required in subsection (b)(1) of this section that are in disrepair with construction materials and methods that approximate the originals or leave them as-is.

(3)

Develop plans to minimize the impact on any stone walls during the planning phase of any construction, excavation, or demolition project not subject to a formal review process as required in subsection (b)(1) of this section.

(d)

Theft of historic stone walls.

(1)

Definition. Pursuant to G.L. § 45-2-39.1, an historic stone wall shall be defined as "a vertical structure of aligned natural stone, originally constructed in the 17th, 18th, 19th or 20th centuries, to designate a property boundary between farmsteads or to segregate agricultural activities with a single farmstead or to designate property lines." This definition shall include new stone walls which closely approximate the appearance of adjoining stone walls with respect to coursing, stone type, joint width, construction and distribution of stones by size.

(2)

Penalties for theft. Anyone convicted of the theft of an historic stone wall, pursuant to G.L. § 11-41-1, or portions of an historic stone wall, or convicted of attempt to commit that larceny, shall be civilly liable to the property owner for the cost of replacing the stones and any other compensable damages related to that larceny.

a.

Any person convicted of the theft of an historic stone wall, or portions of a wall, shall be subject to the penalties for larceny as provided in [G.L.] § 11-41-5.

b.

Any person who makes any plea to a charge under G.L. § 11-41-32, or any person found guilty or convicted under G.L. § 11-41-32, may be ordered to make restitution as a part of his or her sentence and/or disposition. That restitution shall include, but not be limited to, the value of the historic stone wall or portions of it, the reasonable value of any labor and other materials necessary to repair and/or return the wall to the condition it was in prior to the theft, and any other reasonable expenses that, in the discretion of the sentencing judge, are necessary to do justice in disposing of the case. This section is in addition to any other sanctions a sentencing judge may impose in his or her discretion.

(Ord. of 3-10-2016, art. VI, § 24; Ord. of 2-8-2024(4))

(a)

Licensed cultivator classes. The following are classes of licensed cultivators as defined by the size of the facility through regulations promulgated by the department of business regulation:

(1)

Micro means a facility that is 0 to 2,500 square feet.

(2)

Class A means a facility that is 2,501 to 5,000 square feet.

(3)

Class B means a facility that is 5,001 to 10,000 square feet.

(4)

Class C means a facility that is 10,001 to 15,000 square feet.

(5)

Class D means a facility that is 15,001 to 20,000 square feet.

(b)

All licensed compassion centers, cultivators, nonresidential and residential cooperative cultivators shall apply for all appropriate building, electrical, mechanical, and plumbing permits as required by the building official. The building official shall grant the application for permits pursuant to G.L. § 23-27.3, State Building Code.

(c)

All licensed compassion centers, cultivators, nonresidential and residential cooperative cultivators shall apply for all appropriate and inspections by the local fire marshal. The fire marshal shall grant the application for permits pursuant to G.L. § 23-28.1, Fire Safety Code—General Provisions.

(d)

In addition to the requirements above, the building official shall require compassion center, licensed cultivator, nonresidential cooperative cultivation, and residential cooperative cultivation to the following:

(1)

The area used for growing be secured by locked doors and an alarm system.

(2)

The area used for growing have two means of ingress and egress.

(3)

The area used for growing not be below grade and not in the basement.

(4)

The area used for growing shall not be within ten feet of a fuel or heating source including but not limited to propane, natural gas, or an oil tank.

(e)

Confidentiality. Any application for permit or any other up pursuant to this section, any inspection reports, approvals, certificates of occupancy or any other document prepared or created pursuant to this section shall not include the term marijuana, cardholder, caregiver, cooperative cultivation, or any other term that may indicate that such document is or has been prepared or created pursuant to this section.

(f)

Probable cause and searches. Once permitted, the growing of medical marijuana shall not constitute probably cause or reasonable suspicion, nor shall it be used system to support the search of the property of the person processing, or otherwise subject the property of the person to inspection by any governmental agency.

(Ord. of 2-28-2019(1))

Editor's note— An ordinance adopted Feb. 28, 2019(1), set out provisions intended for use as § 38-293. Inasmuch as there were already provisions so designated, the provisions have been included as § 38-294 at the discretion of the editor.

This section is reserved.

(Ord. of 9-14-2023(1); Ord. of 11-9-2023(10))

This section is reserved.

(Ord. of 11-9-2023(10))

Must be screened by an opaque fence or hedge no less than six feet in height. This requirement does not apply to such uses by the state or town govermnent. Applicable to section 38-191, wholesale business and storage uses #2 and #4.

(Ord. of 1-25-2024(4))

All timeframes that are set forth by vested rights provisions and that are related to commencement and completion of any project that has been approved under this chapter, also known as the construction timetable, may be extended for a longer period, for cause shown, if requested by the applicant in writing, and approved by the permitting authority that issued the approval.

(Ord. of 4-11-2024(30))