Barrington City Zoning Code
ARTICLE XXV
Wetlands Overlay District
§ 185-169 Applicability.
The Wetlands Overlay District shall overlie portions of other zoning use districts established by this chapter. The Wetlands Overlay District shall apply to all new construction or reconstruction or expansion of existing buildings, or new, expanded or modified uses of property within, or within 100 feet of, the Wetlands Overlay District. Those areas lying within, or within 100 feet of, the Wetlands Overlay District shall be subject to both this section and the provisions pertaining to the underlying use district in which such areas are located. Nothing in this article shall limit those restrictions pertaining to wetlands contained in other sections of this chapter, or in any other applicable laws or regulations.
§ 185-170 Purpose.
The purpose of this article is the protection of wetlands, water resources and adjoining lands through control of activities impacting wetlands values, including but not limited to the following values: public or private water supply, groundwater resources, flood control, erosion control, storm damage prevention, water pollution prevention, wildlife habitat and agricultural values.
§ 185-171 Definition.
The Wetlands Overlay District shall consist of coastal wetlands, defined as salt marshes bordering on tidal waters, and freshwater wetlands, defined as those areas of 1/2 acre or greater, that are inundated or saturated with surface and/or ground water at a frequency or duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The boundaries of the Wetlands Overlay District are generally shown as Coastal Wetlands, Freshwater Wetlands or Hydric Soils on that map titled "Wetlands Area Map" (Town of Barrington, Rhode Island Comprehensive Community Plan) and filed at the office of the Building Official. In the event that there is a conflict in the boundary of this District between the written definition above and the map, the written definition shall prevail.
§ 185-172 Prohibited uses.
The following activities are prohibited in, or within 100 feet of, the Wetlands Overlay District:
A.
The discharge or introducing of any organic or inorganic chemical or biological pollutants.
B.
The storage of any hazardous, toxic or infectious materials or wastes.
C.
The placing or depositing of any solid waste or debris.
D.
The discharging of any effluent creating a thermal gradient deleterious to indigenous plants, fish or wildlife.
§ 185-173 Application procedure.
A.
Any use that is not specifically prohibited in this article or under any other applicable law or regulation, and which is allowed in the underlying zoning district, but meets the applicability requirements of § 185-169, is allowed in the Wetlands Overlay District, or within 100 feet thereof, only as a special use pursuant to the provisions of Article XIV of this chapter.
B.
All applications to the Zoning Board of Review for a special use permit under this article shall be accompanied by a site plan which delineates the boundary of the wetland, as defined in § 185-171, on the subject property.
C.
All applications shall be referred to the Barrington Conservation Commission, who shall review the application and submit a report and recommendations thereon to the Zoning Board of Review prior to the hearing on the application. The Conservation Commission shall visit the site of the proposed activity and, in their report to the Zoning Board, recommend one of the following:
D.
In reviewing the site plan, the Conservation Commission may require that the wetland boundary be delineated by a wetland biologist or other qualified person according to current standards for such delineation as established by the state Department of Environmental Management.
§ 185-174 Development standards.
The Zoning Board of Review may grant a special use permit only if it determines, taking into full consideration the report of the Conservation Commission, that the application minimizes, to the degree possible, any negative impacts to the wetlands values described in § 185-170, and meets the following development standards:
A.
All new structures and expansions, paved areas and land disturbances will be set back at least 100 feet from the wetland edge.
B.
The proposed project will not obstruct floodways in any detrimental way, or reduce the net capacity of the site and adjoining properties to retain floodwaters.
C.
The proposed project will not cause any sedimentation of wetlands, and will include all necessary and appropriate erosion and sediment control measures.
D.
The proposed project will not reduce the capacity of any wetland to absorb pollutants.
E.
The proposed project will not directly or indirectly degrade the water quality in any wetland or water body.
F.
The proposed project will not reduce the capacity of any wetland to recharge groundwater.
G.
The proposed project will not degrade the value of any wetland as a spawning ground or nursery for fish and shellfish or habitat for wildlife or wildfowl.
§ 185-175 Exemption.
Any proposed construction which is no closer to the wetland than existing construction on the lot in question may be exempted from the one-hundred-foot setback requirement in § 185-174 if the Zoning Board of Review determines that there is no potential for significant environmental impact.