(a)

This section is intended to promote the development of solar energy systems on properties that have been identified and confirmed by the Rhode Island Department of Environmental Management (RIDEM) as hazardous waste contamination sites, in order to catalyze property remediation and to direct solar energy systems away from forested areas, prime agricultural lands, and properties with high intrinsic value under another use scenario.

(b)

Contaminated site solar energy systems shall be allowed on two (2) types of contaminated property, as described below:

(1)

Contaminated site pending remediation: A contaminated site pending remediation is a property that has been identified and confirmed by RIDEM as of February 16, 2021, as containing a hazardous material contamination through issuance of a "Letter of Responsibility", but which has not yet been remediated to the satisfaction of RIDEM. The intended outcome of permitting a solar energy system on a site pending remediation is to offset the cost of remediation by allowing a beneficial use of the property to occur.

(2)

Remediated and restricted contamination site: A remediated and restricted contamination site is a property (1) that has been identified and confirmed by RIDEM as of February 16, 2021, as having contained a hazardous material contamination; (2) on which remediation activities were conducted to the satisfaction of RIDEM as documented within a "Letter of Compliance" or an "Interim Letter of Compliance"; and (3) for which RIDEM has required the use of the property to be restricted through an Environmental Land Use Restriction. The intended outcome of permitting a solar energy system on a remediated and restricted contamination site is to allow an already disturbed property to be used for renewable energy generation, directing solar energy systems away from less desirable areas, such as forested areas and prime agricultural lands.

(c)

Contaminated site solar energy systems shall be considered principal solar energy systems, classified as a major land development, and shall be reviewed according to the procedures established by this section, except that a public hearing before the planning board, advertised and noticed pursuant to the requirements for public notice contained within the Town of Hopkinton Subdivision and Land Development Regulations, shall be required for all applications, provided that if a project is to require six (6) or more months of construction (as noted by the developer or extrapolated by the town based on other projects) the applicant shall provide formal written notice by mail to all abutters and residents within five hundred (500) feet that provides the location and description of the project along with an estimated construction duration. The required review process is summarized, below:

(d)

Applications for major land development project review of contaminated site solar energy systems shall include, in addition to the requirements set forth in the town's subdivision and land development regulations and the requirements of this section, the following, based on the type of contaminated site on which the system is proposed:

(1)

Systems proposed on a contaminated site pending remediation shall submit:

a.

The associated "Letter of Responsibility" and "Remedial Approval Letter" from RIDEM, and all applicable attachments or appendices;

b.

A copy of any environmental land use restriction (ELUR) required by RIDEM to be imposed on the contaminated site(s) along with a narrative explaining the content of such restriction;

c.

Confirmation from RIDEM that a solar energy system is an acceptable use for the contaminated site(s); and

d.

A site plan and associated materials delineating the extent of the contamination previously or currently existing on the site(s) and the extent of disturbance that will be required to perform the approved remediation activities, including square footage calculations of said areas compared to the total area of the subject site(s).

(2)

Systems proposed on a remediated and restricted contamination site(s) shall submit:

a.

The associated "Letter of Compliance" or "Interim Letter of Compliance" from RIDEM;

b.

Written confirmation from RIDEM that the proposed contaminated site solar energy system is consistent with the requirements for maintaining compliance; and

c.

A site plan and associated materials delineating the extent of the remediation activities and any clearing that was necessary due to remediation activities, including square footage calculations of contaminated areas compared to the total area of the subject site(s).

(e)

Any approval issued for a system proposed on a contaminated site pending remediation shall be conditioned on receipt of a "Letter of Compliance" or an "Interim Letter of Compliance" from RIDEM prior to issuance of a permit for installation of the solar energy system, in addition to the conditions required by section 5.5.5.

(f)

Contaminated site solar energy systems shall meet the applicable dimensional and site design requirements of section 6 and this section, except where an alternative standard is proposed by this section.

(g)

In granting approval for a contaminated site solar energy system, the planning board must make the following findings of fact:

(1)

Permitting use of the parcel for a contaminated site solar energy system will:

a.

Allow remediation of a contaminated site as of February 16, 2021, on the list of such sites stated in the appendix to this ordinance by offsetting the cost of such remediation and allowing a beneficial use of the property to occur; or

b.

Allow an already remedied property as of February 16, 2021, on the list of such sites stated in the appendix to this ordinance to be used for renewable energy generation, directing solar energy systems away from less desirable areas, such as forested areas and prime agricultural lands.

(h)

Contaminated site solar shall not occupy more than one hundred fifty (150) percent of the actual contaminated area on site as recognized by the Rhode Island Department of Environmental Management.

(i)

Forested areas shall not be clear-cut for the purpose of installing solar installations. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the solar energy system, and shall not exceed twenty-five (25) percent of the existing tree and vegetation cover.

(j)

Contaminated site solar energy systems shall be subject to the following requirements:

(1)

The construction and operation of solar energy systems shall comply with all applicable federal, state, and local requirements, including, but not limited to, all applicable safety, construction, electrical, environmental and communications requirements. All buildings and fixtures forming part of, or associated with, a solar energy system shall be constructed in accordance with the Rhode Island State Building Code.

(2)

Construction of the solar energy system shall only be allowed between 8:00 a.m. and 5:00 p.m. and shall not be allowed on Saturday or Sunday.

(3)

The maximum height of contaminated site solar energy systems shall be no more than twelve (12) feet above finished grade.

(4)

Solar energy systems shall be sited and designed to prevent or minimize any negative aesthetic impacts on neighboring properties, conservation areas, rivers, ponds or public roads and to avoid any compromise of prominent view sheds, or of any view sheds including any wild or scenic river or tributary. No portion of the solar system shall intrude within any area within one-quarter mile of any river, tributary, or any integral body of water.

(5)

Applicants shall propose an appropriate landscape or no cut buffer that adequately mitigates visual impacts on surrounding properties and the neighborhood in general. Selection of the proposed buffer should be based on the context and characteristics of the specific site and shall be done in consultation with a landscape architect. Buffers that the planning board may require to be implemented include, but are not limited to:

a.

150-foot wooded buffer; or

b.

75-foot partial landscape screen; or

c.

30-foot full landscape screen.

(6)

All contaminated site solar energy systems shall be designed and located to prevent reflective glare toward any inhabited buildings on adjacent properties. Glare generated from solar panels shall not interfere with traffic or create a safety hazard.

(7)

On-site drainage management and erosion and sedimentation control shall conform to the latest Rhode Island Stormwater Design and Installation Standards Manual, and the RI Soil Erosion and Sediment Control Handbook, as well as all applicable town regulations.

(8)

All utility connections from the solar energy system and interconnection of the solar energy system to the grid shall be placed underground, except where above-ground interconnection is expressly required by National Grid.

(9)

Clearing of natural vegetation shall be strictly limited to what is necessary for the construction, operation, and maintenance of the solar energy system or as otherwise prescribed by applicable laws and regulations. Removal of trees within a town right-of-way shall be subject to receipt of approval from the department of public works, which shall be approved at the discretion of the director of the department of public works. Excavation and filling of project sites shall be limited to what is necessary to stabilize the installation area. There shall be no clearance of vegetation within a 400-foot distance of any wild and scenic river or tributary.

(10)

Lighting of the contaminated site solar energy system shall be limited to that required for safety and operational purposes. All site lighting shall be directed downward and incorporate full cut-off fixtures to reduce light pollution and confine the light footprint to the facility site.

(11)

No building permit shall be issued for the contaminated site solar energy system unless and until notice is provided by the town planner to the town building official in writing that all of the applicable approvals have been received and all of the applicable requirements of this chapter have been met.

(12)

All mechanical equipment associated with contaminated site solar energy systems, including but not limited to controls, energy storage devices, batteries, heat pumps, exchangers, or other materials, hardware, or equipment necessary to the process by which solar radiation is converted into another form of energy shall be designed to prevent unauthorized access.

(13)

All panels, equipment, and structures associated with a contaminated site solar energy systems shall meet twice the principal setback requirements prescribed by the zoning district in which they are located, except that such solar energy systems shall be set back from property lines abutting residentially zoned parcels, or parcels containing residential uses, a minimum of six hundred (600) feet, and from property lines abutting public and private roads a minimum of four hundred (400) feet.

(14)

Contaminated site solar energy systems, including all associated equipment, shall be enclosed by a perimeter fence, which shall be not less than six (6) feet in height and shall incorporate wildlife passage features for small mammals and birds in its design and installation. The perimeter fence shall be secured from unauthorized entry.

(15)

The site design for contaminated site solar energy systems shall include adequate access and parking, and driveway and access aisle widths shall allow accessibility to the solar energy system premises by the property owner and emergency response personnel and equipment.

(16)

A means of shutting down the solar energy system connection to National Grid's interconnection shall be clearly and sufficiently marked.

(17)

The ground cover and subgrade beneath the solar panels and associated equipment shall be designed to provide a stable, structural surface capable of properly supporting the components of the solar energy system. Grass is the preferred treatment versus gravel, crushed stone or the like, however each application shall be assessed during the planning board review process, as applicable, to determine the most appropriate ground cover.

(18)

Any new proposed access entry drives from public rights-of-way shall require the issuance of Physical Alteration Permits (PAP) from the Town of Hopkinton or RIDOT depending on whether town or state roadways are being utilized for access purposes.

(19)

The contaminated site solar energy system shall be maintained by the solar energy system owner and/or operator and shall be cleared of debris, weeds, trash, etc. Maintenance shall include, but not be limited to, painting, structural repairs, maintenance of the landscape buffers, care and replanting if necessary, of any vegetative screening, cleaning, clearing and repairing of stormwater and drainage infrastructure, and integrity of security measures. No chemicals, solvents or herbicides, excluding water, will be used in the operation and maintenance of the solar energy system. The equipment shall remain in good repair and working order. Malfunctioning or inoperable equipment shall be removed from the property and disposed of in accordance with all applicable federal, state, and local regulations.

(20)

All plants and other material used for screening shall be no less than six (6) feet in height at the time of installation. Additionally, the planning board may require certain vegetation to be used for understory cover that may serve to further screen the project. The owner of the solar energy system and any successors shall maintain the screen and understory cover for the life of the project.

(21)

Contaminated site solar energy systems shall keep with the existing contours of the land to the extent feasible. The use of blasting during site preparation or construction is prohibited.

(22)

A sign shall be posted at the solar energy system, displaying the name of the owner and operator of the facility and providing a twenty-four-hour emergency contact number. Said sign shall be no greater than six (6) square feet in surface area. In the event of a change of ownership, the sign shall be replaced to display the name of the new owner and operator of the facility within thirty (30) days of the transfer of ownership, providing a twenty-four-hour emergency contact number for the new owner/operator. Notice of change of ownership shall also be mailed by first class mail to the town planner within thirty (30) days of the change of ownership. The solar energy system shall not be used for displaying any advertising except for reasonable identification of the operator of the facility. Any such signage shall comply with the section 27 of the Zoning Ordinance.

(23)

As part of any approval, the applicant and the planning board shall set a proposed date for decommissioning, which date may only be extended upon further approval by the planning board. If decommissioning has not been completed within one hundred eighty (180) days of abandonment or the proposed date of decommissioning, whichever is sooner, the town shall give written notice to the landowner and/or solar energy system owner and operator to accomplish the decommissioning within thirty (30) days. If the decommissioning has not been completed within thirty (30) days of said written notice by the town, the town and/or the town's representative shall have the authority to enter the property and decommission the solar energy system, charging the landowner and/or solar energy system owner and operator for all costs and expenses, including reasonable attorney's fees for collection.

(24)

Planning board approval of a contaminated site solar energy system shall be conditioned on the establishment and posting of a financial guarantee, in a form and amount determined by the planning board deemed sufficient to cover the cost of decommissioning and removal of the solar energy system at the end of its useful life or when abandonment occurs plus inflation and at least a twenty (20) percent contingency.

(25)

The calculation of the decommissioning reserve shall be predicated upon the assumption that one hundred (100) percent of the retired solar panels will be recycled by an accredited solar panel waste recycler, without any credit on the financial guarantee amount for anticipated salvage value or reuse value of any project components.

(26)

To the extent that the financial guarantee is utilized for decommissioning the solar energy system and does not cover the full cost of decommissioning, as a condition of approval, the owner of the real property on which the solar energy system is located shall agree that a lien shall be placed on the real property in favor of the town for the uncovered costs of decommissioning expended by the town. All financial guarantees collected under this section shall be placed in a restricted account to only be used on the cost of decommissioning solar energy systems.

(27)

Planning board approval of a contaminated site solar energy system shall be conditioned on the provision of an on-site public safety response training with the police chief, and/or their designee(s), the fire chief of the applicable fire district, and/or their designee(s), and the emergency medical services director, and/or their designee(s),within one (1) month of completion of installation of the system.

(28)

To ensure the fulfillment of the requirements of this section, the planning board or the zoning board of review shall have the authority to require the provision of additional landscaping beyond the minimum requirements of this section and the town's subdivision and land development regulations, where such is necessary to mitigate negative impacts to adjacent properties or prominent community view sheds, or due to the unique characteristics of the subject property.

(Ch. 279, 4-19-21)