(a)

Purpose. The purpose of the development plan review article is to assure that, to the fullest extent feasible, the best design and planning practices and best available technology are used to avoid or minimize impacts of development on the natural and manmade environment of the Town of Burrillville. In addition this ordinance ensures that an application for a development plan demonstrates consistency with the Town of Burrillville Comprehensive Plan and Development Plan Design Standards Section of the Subdivision and Land Development Regulations. All reasonable means shall be used to avoid adverse impacts on the public health, safety and welfare.

(b)

Authority. The development plan review article is adopted pursuant to the authority contained in Title 45, Chapter 24, Section 49 of the Rhode Island General Laws, titled Development Plan Review. Additionally, the Burrillville Town Council by resolution dated August 23, 1995 provides the planning board with the authority to adopt, modify and amend regulations and rules governing land development within the Town of Burrillville and to act as the review agent to conduct site plan reviews for such developments.

(c)

Applicability. The following types of development shall be subject to planning board review in accordance with the Burrillville Subdivision and Land Development Regulations. Further, development plan(s) not involving subdivision shall demonstrate conformance with section 10-10 of the Burrillville Subdivision and Land Development Regulations, entitled "Development Plan Design Standards."

(1)

Any proposed commercial or industrial development, including additions and expansions of existing development, constructed after the effective date of this section which, in aggregate, exceeds 10,000 square feet or generates greater than 500 vehicle trips per day as defined in the institute of transportation engineers, trip generation manual.

(2)

Any proposed commercial or industrial development, including additions and expansions of existing development, which would result in the use or storage of hazardous materials.

(3)

As defined in the hazardous substance list prepared by the Rhode Island Department of Labor, Division of Occupational Safety, or hazardous wastes as defined in section 30-3 of this chapter, in quantities above those normally found in household use. For the purposes of this section, household quantities of hazardous materials or wastes shall mean 675 gallons or less of oil on site at any time to be used for heating of a structure or to supply an emergency generator, or 25 gallons (or the dry weight equivalent) of other hazardous materials or wastes on site at any time.

(4)

All commercial and industrial developments within any of the town's aquifer overlay districts.

(5)

Any development that proposes to clear, grade or disturb greater than 20,000 square feet of land, except clearing conducted pursuant to a validly issued subdivision approval, building permit, or earth removal permit, or for existing agricultural, forestry or related purposes. Exemption from this section for the purposes of clearing, grading and site disturbance for existing agricultural, forestry and related uses shall be determined at the sole discretion of the building official.

(6)

Any project involving the development of land which is filled to a depth of more than four feet over any area of more than 10,000 square feet or involving the moving and grading of more than 2,000 cubic yards of fill on the site.

(7)

Any development involving the filling or alteration of wetlands or the wetland buffer area; any development within the 100-year flood plain; any development within 200 feet of rivers, ponds, lakes, and vernal pools; and land within 100 feet of other resource areas.

(8)

Any development requiring a license pursuant to G.L. 1956 § 42-98-4, shall submit a development plan in accordance with this section. The planning board shall review the proposal involving the siting, construction or alteration of a major energy facility for conformance and shall forward its findings, together with the record supporting its findings and a recommendation for final action, to the siting board established pursuant to G.L. 1956 § 42-98-1 et seq.

(9)

A change in use at the property where no extensive construction of improvements is sought.

(10)

An adaptive reuse project located in a commercial zone where no extensive exterior construction of improvements is sought.

(11)

An adaptive reuse project located in a residential zone that results in less than nine residential units.

(12)

Development in a designated urban or growth center.

(13)

Institutional development for educational or hospital facilities.

(14)

Any principal solar energy system.

(15)

Any other development which may, in the opinion of the building official, significantly alter local drainage patterns and may require development of environmentally sensitive areas.

(d)

Guidelines. The specific and objective guidelines, standards and minimum requirements as required per G.L. 1956 45-24-49, shall be those described in the section entitled "Burrillville Development Plan Review Guidelines—Traditional Village Design Elements" as described in the Burrillville Subdivision and Land Development Regulations as amended.

(e)

Review procedures. All developments described above in subsection (c), applicability, subsections (1) through (15) shall be subject to review by the Burrillville Planning Board. Land clearing associated with subsection (5) shall be required to submit soil erosion and sediment control plans as drafted by an RI Registered Professional Engineer or surveyor. Proposals involving development, as specified above, shall be subject to the review process described below in sections (1) and (2).

(1)

Development plan project(s) proposing building foot print(s) in aggregate of 10,000 square feet or less shall be reviewed according to the minor development plan review procedures of section 10-6.4 of the Burrillville Subdivision and Development Plan Regulations as the same may be amended from time to time.

(2)

Development plan project(s) proposing building foot print(s) in aggregate greater than 10,000 square feet shall be reviewed according to the major development plan review procedures of section 10-6.5 of the Burrillville Subdivision and Development Plan Regulations as the same may be amended from time to time.

(3)

Land disturbance projects not involving permanent structures or impervious parking such as forestry or agricultural practices shall be reviewed as minor developments as described in subsection (e)(1) above.

(f)

Appeal. A rejection of the decision shall be an appealable decision pursuant to G.L. § 45-23-71.

(Ord. of 4-12-2000; Ord. of 6-13-2001; Ord. of 5-28-2003(2); Ord. of 12-12-2007(1); Ord. of 5-27-2009; Ord. of 5-24-2017; Ord. of  2-12-2020(1); Ord. of 2-26-2025(2))

(a)

Purposes.

(1)

In order to protect the water resources of the Town of Burrillville, prevent the development or use of land in the groundwater sources and aquifer area in a manner tending to adversely affect the water quality within the Town of Burrillville, or tending to destroy or have a substantially adverse effect on the environment of the town by virtue of pollution of the land or water by foreign substances including noxious liquids, gases or solid wastes or any potentially harmful conditions which may endanger the health, safety and general welfare of the citizens of the Town of Burrillville. Through use of the following sections, density and uses will be controlled over and around our groundwater sources and aquifer zones;

(2)

To protect, preserve and maintain the quality and supply of groundwater reservoirs upon which the residents of the Town of Burrillville and others depend for drinking water supply;

(3)

To protect the quality and supply of water by regulating the use and development of land adjoining wetlands and watercourses which replenish groundwater reservoirs, to protect primary groundwater recharge areas, and to prevent uses of land detrimental thereto; and

(4)

To otherwise protect the health, safety and general welfare of the public.

(b)

Description and designation. Groundwater sources are those that are upstream from any public well site or lying within the drainage basin of a known public water sources. Some examples of such groundwater sources are as follows:

Wallum Lake, Wilson Reservoir, Chocklog River Basin, Round Top River Basin, Herring Pond (a.k.a. Spring Lake), Slatersville Reservoir, Branch River Basin, Nichols Pond, Tarkiln Pond, Pascoag Reservoir, Chepachet River Basin, Sucker Pond, Clear River Basin, and any other bodies of water which are or may be a recharge area.

And other such areas as may be from time to time delineated by the Ground Water Protection Act (G.L. 1956, § 46-13.1-1 et seq.).

(1)

Designation. The aquifer zones and wellhead protection areas are herein established as overlay zones or districts as shown on the "Aquifer Overlay Map of the Town of Burrillville" (duplicated from the U.S. Geological Survey Water Resources Investigations 18-74 on the map number plate 1) and as most recently identified by the Rhode Island Department of Environmental Management (DEM) Office of Water Resources as public water supply Wellhead Protection Areas. Said maps are hereby adopted by reference and are declared to be a part of this section. Said maps shall be on display at the office of the zoning enforcement officer, or available at the Rhode Island DEM, and shall include all land in the town denoted as overlaying saturated stratified drift or of any thickness and of any transmissivity and shall identify all groundwater sources and aquifers. These overlay zones shall take precedence over any other zone use regulation overlaying them in this zoning chapter, unless otherwise mentioned.

(2)

Description of aquifer zones. All areas of stratified drift delineated on the "Aquifer Overlay Map of the Town of Burrillville."

(3)

Appeal of designation. Where the bounds of the aquifer zones are in doubt or in dispute, as delineated by the overlay map, the burden of proof and all associated expenses shall be borne by the owners of the land in question to show where said aquifer zones are property [properly] located. At the request of the landowners, the town shall engage, at the owner's expense, a professional hydrogeologist or a soil scientist to determine more accurately the location and extent of the aquifer zone.

In the event the classification of groundwater is such that the groundwater source is not suitable for public or private drinking with or without treatment, then the applicant may apply for an exemption from the provisions of this section; provided, however, that the applicant can demonstrate by clear and convincing evidence that any intended use will not cause further deterioration, degradation, or, if applicable, materially interfere with restoration of such groundwater source.

(4)

Multiple zone parcels. Parcels containing more than one "A" zone, or if any part of a parcel lies within an "A" zone, the most restrictive zone shall take precedence.

(5)

Applicability. The provisions of this section shall apply insofar as groundwater sources are suitable for public or private drinking sources with or without treatment as designated by the director of the department of environmental management under General Laws of Rhode Island, as amended.

(c)

Aquifer zones and uses. Land located in an aquifer zone shall have uses that are more restricted than the normal use described in article III as follows:

¹ Must be sewered.

² Permitted by special use permit only.

³ Nonresidential uses within the aquifer overlay district shall be permittable only if it complies with the maximum wastewater flow requirements specified in subsection 30-202(d), below. With the exception of land within the A-80 district, flow requirements shall apply to all non-residential uses within the aquifer overlay zoning district, even if said use is connected to the municipal or a private sewer/wastewater treatment system.

(d)

Lot dimensional requirements. The dimensional requirements shall only apply to residential uses in all aquifer overlay districts and to nonresidential uses in the A-80 if they are greater than those of article IV and said land lies in whole or in part in any aquifer zone. Any dimensional requirements not detailed below shall be the same as those of article IV.

The table below establishes the maximum wastewater flows permissible for nonresidential development within the A-100 and A-120 aquifer overlay district. Flows are to be determined in accordance with the Rhode Island Department of Environmental Management's "Rules and Regulations Establishing Minimum Standards Relating to Location, Design and Construction and Maintenance of Individual Sewage Disposal Systems", as amended.

¹ For example, a parcel of 140,000 square feet could have maximum wastewater flows of 786 gallons per day (671 gpd + 115 gpd).

² For example, a parcel of 140,000 square feet could have maximum wastewater flows of 1,572 gallons per day (1,342 gpd + 230 gpd).

(e)

Disposal of sewage. Sanitary sewage service shall be provided so as to service all applicable structures and uses by the public sewer system of the Town of Burrillville. Where public sewers are not available, individual sewage disposal systems (ISDS) may be permitted, provided that wastewater generation shall not exceed an average daily rate of 450 gallons per day per residential unit. Calculations of the rate of wastewater discharge shall be based upon standards provided in the Rhode Island Department of Environmental Management (RIDEM) "Rules and Regulations Establishing Minimum Standards Relating to Location, Design and Construction and Maintenance of Individual Sewage Disposal Systems", as amended.

(f)

Prohibited uses. The following uses are prohibited in aquifer zones ("A" zones) and wellhead protection areas:

(1)

Storage and/or loading of road salt or deicing chemicals.

(2)

Incinerators, sanitary landfill sites, solid waste transfer stations and wastewater treatment plants, except publicly owned sewage treatment facilities.

(3)

Septage disposal inconsistent with the requirements of this section.

(4)

All uses which involve the use or storage of hazardous substances designated under 40 CFR 116, pursuant to section 311 of the Federal Clean Water Act and subsequent amendments thereto or other toxic pollutant as defined under G.L. 1956, § 46-13.1-3, as amended. Provided, however, that minor or insignificant quantities of such substances for office use may be used or stored on the premises if, in the opinion of the zoning enforcement officer and building official, the presence of such substance does not constitute a potential for degradation of surface water or groundwater resources in the area and such substance is contained in a suitable storage area. Insignificant quantities of hazardous substance may be constructed as that which is necessary for the operation of an office or business including the operation of equipment, vehicles or other mechanical systems necessary for the operation of a permitted use. All uses which involve the use or storage of hazardous wastes or materials required for water or wastewater treatment such as storage of chemical products required by statute, rule or regulation are prohibited; such storage in freestanding, above-ground containers with enclosed and covered, full secondary containment are excluded from these criteria.

(5)

Storage or piping of petroleum or refined petroleum products, except within buildings in which said petroleum products will provide heat when burned. Storage of liquid fuel for said heating purpose in excess of 300 gallons is prohibited except for storage of said liquid fuel which conforms with the regulations of the Rhode Island Department of Environmental Management (DEM); provided, however, that the department of environmental management has promulgated regulations for said storage. Underground storage of petroleum fuel or refined petroleum products in any quantity is prohibited.

(6)

The alteration of any natural site features or topography including but not limited to the cutting or removal of trees or other vegetation, or dumping, filling, excavation, grading, transferring or removal of any gravel, sand, loam or other soft material, rock or ledge, prior to obtaining all permits and approvals for final development plans, including where the use of land is for the primary purpose of agriculture. Where such alteration is less than one-half acre in area or 100 cubic yards in volume and is incidental to a permitted use and performed in the normal course of maintenance or operation of such permitted use, this paragraph shall not apply.

(7)

All uses not specifically permitted in the aquifer zones and wellhead protection areas (this section) are prohibited.

(g)

Fine for violations. Fines to help ensure conformance of this section will be as follows:

Any violation of sections 30-202 shall have a fine of $100.00 per day. This fine shall begin on the day of finding of said violation and continue until the removal of the violation.

(h)

Groundwater sources and aquifer zones separability. If the provisions of the "groundwater sources and aquifer zone" section of the zoning chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the "groundwater sources and aquifer" portion of the zoning chapter which can be given effect without the invalid provision or application, and to this end the provisions of this section of the zoning chapter are declared severable.

(Ord. of 3-10-99(1); Ord. of 4-12-00)

(a)

Objectives. To enable the community to better protect natural resources by steering development away from features such as wetlands and jurisdictional buffers, steep slopes in excess of 15 percent, and rock and or ledge areas, encourage developers to use more creative approaches in the development of land, encourage a more efficient, aesthetic and desirable use of open space, encourage variety in site designs and development of the town and to enable more efficient and economical provision of community services and facilities particularly through minimization of road length.

(b)

Definitions.

Cluster development shall mean the division of land into lots used or available for use as building sites where said lots are clustered together into one or more groups of lots separated by intervening common open lands.

Environmentally constrained land shall mean natural features, resources, or land characteristics that are sensitive to change and may require cluster techniques to prevent degradation of the site, or may require limited development, or in certain instances, may preclude development. Such features include: rock outcroppings, ledge, hydric soils, wetlands and jurisdictional buffers, archeological sites, scenic meadow areas or slopes exceeding 15 percent in steepness.

(c)

Standards and requirements.

(1)

Cluster development for residential, detached single-family uses, excluding mobile homes, shall be permitted in F-2, R-40, R-20 and R-12 districts provided the following requirements are met:

a.

The developer must follow the general site planning techniques of the Burrillville Subdivision Regulations.

b.

The maximum number of dwelling units shall not exceed that which a conventional yield plan would produce according to the underlying zone district minimum lot sizes. Where the aquifer overlay zone exists, its minimum lot size requirements shall be used in the yield plan calculation to determine density only if development is proposed within that zone.

c.

Environmentally constrained land shall exclude land for rights-of-way, wetlands and jurisdictional buffer areas, hydric soils 0—18 inches to water table and seasonal high water table soils 19 to 36 inches, ledge areas, and steep slopes in excess of 15 percent. Additionally, in cases involving former farms where field areas still exist, development shall be steered away from field areas in order to protect natural views to the greatest extent possible.

d.

Open space shall be protected in perpetuity by restrictive covenants and deed restrictions. In situations where open space areas offer passive recreation, such as walking paths or congregation areas, a maintenance program shall be developed and recorded as part of a home owner's association document. Town ownership of open space shall be looked at on a case by case basis. Fifty percent of the land area within cluster applications shall be protected as open space, 25 percent of which land area shall be considered useable upland and not environmentally constrained land as defined in subsection (b), Definitions, above.

e.

All water supply sources must be consistent with the Rhode Island Department of Health Regulations. All onsite wastewater treatment systems shall be approved by RI DEM or in the case of sewer lines; the Burrillville Sewer Commission.

(2)

The dimensional regulations for lot size for cluster development of single family, multi-family and mixed use building units may be reduced as follows:

(3)

A cluster development which includes townhouses or multi-unit buildings shall be permitted provided no more than three units shall be allowed in any one building in the F-2 and R-40 zone districts.

(Ord. of 12-12-2007(2))

All multiunit dwellings as defined in section 30-3, and all townhouses, as defined in section 30-3 of this chapter shall conform to the following regulations and standards:

(1)

Standards for development.

a.

No more than six dwelling units shall be permitted in a structure.

b.

No more than one multiunit dwelling structure shall be allowed on any one lot of record unless allowed at the planning board's discretion as part of an application subject to inclusionary zoning.

c.

All multiunit structures shall be serviced by a public sewerage system and a public water system.

d.

Maximum lot coverage. The total ground area occupied by all principal buildings, together with all accessory buildings, shall not exceed 35 percent of the total area.

(2)

Dimensional regulations. Unless different lot sizes are approved as part of an application subject to inclusionary zoning, each building lot shall meet the following minimum lot size and front, side and rear yard dimensions:

Minimum front yard depth (feet): 55

Combined minimum width of side yard (feet): 40

Minimum width of any one side yard (feet): 15

Minimum rear yard depth (feet): 30

a.

Height. Principal building shall not exceed 35 feet in height; no accessory or other structure shall exceed 15 feet in height.

b.

Buffer strip. The governing authority shall determine the need for and size of a landscaped buffer strip to be located along the rear and side lot lines.

c.

Special buffer requirements adjacent to other residential zones. Along any boundary line adjacent to a residential zone that requires a greater side or rear yard than those required in the apartment development standards, a buffer strip equal to the difference shall be provided, measured from the property line.

d.

Rubbish disposal. Each building shall be provided with an enclosed fireproof waste pen of sufficient size to accommodate all trash and waste stored on the premises. Waste pen and utility area shall be properly screened and buffered from all buildings and property lines.

(3)

Density requirements. Unless different lot sizes are approved as part of an application subject to inclusionary zoning, multiunit dwellings shall be limited in number to total lot size in accordance with following: 15,000 square feet of area for each of the first two units, and then all additional units in conformance with the following table:

a.

[Additional rooms.] Rooms designated as dens or similar connotations, which could be converted to use as bedroom(s), shall be considered as bedrooms for the purpose of this section.

b.

Distances between buildings on the same lot. If approved as part of a cluster development, the minimum distances between two buildings or any two rows of buildings substantially parallel to each other shall be 50 feet. The minimum distance between two abutting ends of buildings in the same general plane row shall be 25 feet.

c.

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

1.

Two car spaces per dwelling unit (270 square feet per space, including access, egress and general circulation).

2.

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

3.

The circulation system, including roads, entrances, exits and other means of access constructed as part of a multifamily dwelling development shall be constructed so as to accommodate emergency vehicles, including fire apparatus.

(Ord. of 5-27-2009; Ord. of 12-8-2021(2); Ord. No. 12-13-2023(2); Ord. of 2-26-2025(2))

(a)

Purpose. The purpose of this section is to ensure public safety; minimize hazards to persons and property from flooding, to protect watercourses from encroachment and to maintain the capability of floodplains to retain and carry off floodwaters.

(b)

Applicability. The special flood hazard areas are herein established as a floodplain overlay district. The district includes all special flood hazard areas within the Town of Burrillville designated as zone A, AE, AH, AO, A99, V, or VE on the Providence County Flood Insurance Rate Map (FIRM) and Digital FIRM issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Providence County FIRM that are wholly or partially within the Town of Burrillville are panel numbers 44007C0020H, 44007C0040G, 44007C0045G, 44007C0110H, 44007C0120H, 44007C0130G, 44007C0135G, 44007C0140G, 44007C0145G, 44007C0151G, 44007C0155G, and 44007C0165G dated March 2, 2009 and July 19, 2023. The exact boundaries of the district shall be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Providence County Flood Insurance Study (FIS) report dated July 19, 2023. The office of the building official shall be responsible for floodplain management. The FIRM and FIS report and any revisions thereto are incorporated herein by reference and are on file with the building official.

(1)

The degree of flood protection required by the section is considered reasonable but does not imply total flood protection. If any section, provision, or portion of this section is adjudged unconstitutional or invalid by a court, the remainder of the section shall control.

(2)

For the purposes of this section, "other development" shall be defined as any action exclusive of that which requires the issuance of a building permit under the Rhode Island State Building Code. Such other development shall include, but not necessarily be limited to, the following:

a.

Earth, gravel or mineral removal or extraction.

b.

Alteration of the topography by cutting, filling or grading.

c.

Storage of bulk materials outside of a structure.

d.

Construction or placement of facilities or improvements not normally requiring a building permit.

(3)

The requirements set forth in this article shall be in addition to any applicable requirements in this chapter and in any other regulation which may be applicable.

(c)

Definitions. Unless specifically defined below, words and phrases used in this section pertain to floodplain management, have the same meaning as they have in common usage and to give this section its most reasonable application.

Accessory structure. A structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.

Area of special flood hazard. See definition for "Special flood hazard area."

Base flood. The flood having a one percent chance of being equaled or exceeded in any given year, also referred to as the 100-year flood, as published by the Federal Emergency Management Agency (FEMA) as part of a flood insurance study (FIS) and depicted on a flood insurance rate map (FIRM).

Base flood elevation (BFE). The elevation of the crest of the base flood or 100-year flood. The height in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas.

Basement. Any area of the building having its floor subgrade (below ground level) on all sides.

Building. See definition for "Structure."

Cost. As related to substantial improvements, the cost of any reconstruction, rehabilitation, addition, alteration, repair or other improvement of a structure shall be established by a detailed written contractor's estimate. The estimate shall include, but not be limited to: the cost of materials (interior finishing elements, structural elements, utility and service equipment); sales tax on materials, building equipment and fixtures, including heating and air conditioning and utility meters; labor; built-in appliances; demolition and site preparation; repairs made to damaged parts of the building worked on at the same time; contractor's overhead; contractor's profit; and grand total. Items to be excluded include: cost of plans and specifications, survey costs, permit fees, outside improvements such as septic systems, water supply wells, landscaping, sidewalks, fences, yard lights, irrigation systems, and detached structures such as garages, sheds, and gazebos.

Development. Any manmade change to improved or unimproved real estate, including but not limited to the construction of buildings or structures; the construction of additions, alterations or substantial improvements to buildings or structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment; the storage, deposition, or extraction of materials; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.

Dry floodproofing. Any combination of structural and non-structural protection measures incorporated in a building that is not elevated above the base flood elevation that keeps water from entering the building to prevent or minimize flood damage. Note: For insurance purposes, a dry floodproofed, non-residential structure is rated based on the elevation of its lowest floor unless it is floodproofed to one foot above the BFE.

Existing manufactured home park or manufactured home subdivision. A manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured home are to be affixed (including, as a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or existing manufactured home subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Federal Emergency Management Agency (FEMA). The federal agency that administers the National Flood Insurance Program (NFIP).

Finished living space. Fully enclosed areas below the base flood elevation (BFE) that are not considered a basement cannot have finished living space and needs to be designed to be exposed to flood forces. These spaces can only to be used for parking, building access or limited storage. Finished living space can include, but is not limited to, a space that is heated and/or cooled, contains finished floors (tile, linoleum, hardwood, etc.), has sheetrock walls that may or may not be painted or wallpapered, and other amenities such as furniture, appliances, bathrooms, fireplaces and other items that are easily damaged by floodwaters and expensive to clean, repair or replace.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from either the overflow of inland or tidal waters, or the unusual and rapid accumulation or runoff of surface waters from any source.

Flood boundary and floodway map (FBFM). The official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated the limits of the regulatory floodway and 100-year floodplain.

Flood insurance rate map (FIRM). The official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas (100-year floodplain) and the insurance risk premium zones applicable to a community. FIRM published after January 1990 may also show the limits of the regulatory floodway.

Flood insurance study (FIS). The official study of a community in which the Federal Emergency Management Agency (FEMA) has conducted a technical engineering evaluation and determination of local flood hazards, flood profiles and water surface elevations. The flood insurance rate maps (FIRM), which accompany the FIS, provide both flood insurance rate zones and base flood elevations, and may provide the regulatory floodway limits.

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. For the purposes of these regulations, the term "regulatory floodway" is synonymous in meaning with the term "floodway".

Functionally dependent use or facility. A use or facility that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities. The term does not include seafood processing facilities, long-term storage, manufacturing, sales or service facilities.

Historic structure. Any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior in states without approved programs.

Lowest floor. The lowest floor of the lowest enclosed area (including basement).

Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term also includes park trailers, travel trailers, recreational vehicles and other similar vehicles or transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.

Manufactured home park or manufactured home subdivision. A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.

Market value. Market value is the price of a structure that a willing buyer and seller agree upon. This can be determined by an independent appraisal by a professional appraiser; the property's tax assessment, minus land value; the replacement cost minus depreciation of the structure; the structure's actual cash value.

Mean sea level (MSL). Average height of the sea for all stages of the tide, usually determined from hourly height observations over a 19-year period on an open coast or in adjacent waters having free access to the sea. The National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) to which base flood elevations shown on a community flood insurance rate map (FIRM) are referenced.

New construction. Structures for which the "start of construction" commenced on or after effective date of floodplain regulations, and includes any subsequent improvements to such structures.

New manufactured home park or manufactured home subdivision. A manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain regulations adopted by the community.

Recreational vehicle. A vehicle which is:

(1)

Built on a single chassis;

(2)

Four hundred square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

Regulatory floodway. See definition for "Floodway."

Special flood hazard area (SFHA). The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. SFHAs are determined utilizing the base flood elevations (BFE) provided on the flood profiles in the flood insurance study (FIS) for a community. BFEs provided on flood insurance rate map (FIRM) are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location. SFHAs include, but are not necessarily limited to, the land shown as zones A, A1-30, AE, AO, AH, and the coastal high hazard areas shown as zones V, V1-30, and VE on a FIRM. The SFHA is also called the area of special flood hazard.

Start of construction. For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does in include excavation for a basement, footings, piers, or foundations or the erections of temporary forms; not does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure. A walled and roofed building which is principally above ground, including a manufactured home, a gas or liquid storage tank, or other manmade facilities or infrastructures.

Substantial damage. Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement. Any combination of repairs, reconstruction, rehabilitation, alterations, additions or other improvements to a structure, taking place during a ten-year period, in which the cumulative cost equals or exceeds 50 percent of the market value of the structure as determined at the beginning of such ten-year period. This term includes structures that have incurred "substantial damage", regardless of the actual repair work performed. For purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2)

Any alteration of a "historic" structure, provided that the alteration will not preclude the structure's continued designation as a "historic structure".

Variance. A grant of relief by a community from the terms of the floodplain management ordinance that allows construction in a manner otherwise prohibited and where specific enforcement would result in unnecessary hardship.

Violation. Failure of a structure or other development to be fully complaint with the community's floodplain management ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is resumed to be in violation until such time as that documentation is provided.

Water surface elevation. The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Wet floodproofing. Measures designed to minimize damage to a structure or its contents by water that is allowed into a building.

(d)

Requirements and restrictions.

(1)

Development permit. Except where construction is covered by a building permit or by approval of a subdivision or land development project by the Burrillville Planning Board, any other development shall require the issuance of a development permit by the building official or designee. Said permit shall be in a form authorized by the town council.

(2)

[Application.] The application for a flood hazard development permit shall be submitted to the code enforcement officer and shall include:

a.

The name and address of the applicant;

b.

An address or a map indicating the location of the construction site;

c.

A site plan showing location of existing and proposed structures, sewage disposal facilities, water supply facilities, areas to be cut and filled, and the dimensions of the lot;

d.

A statement of the intended use of the structure;

e.

A statement as to the type of sewage system proposed;

f.

Specification of dimensions of the proposed structures;

g.

The elevation (in relation to mean sea level) of the lowest floor, including basement, and if the lowest floor is below grade on one or more sides, the elevation of the floor immediately above;

h.

Base flood elevation data for all new, relocated or substantially improved structures;

i.

The elevation (in relation to mean sea level) to which the structure will be floodproofed;

j.

The description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.

(3)

[Other permits.] Prior to the issuance of a building or development permit, the applicant shall submit evidence that all necessary permits and approvals have been received from all government agencies from which approval is required by federal or state law.

(4)

Permit fee. A permit fee (based on the cost of the construction) may be required to be paid to the Town of Burrillville and a copy of a receipt for the same shall accompany the application. An additional fee may be charged if the code enforcement officer and/or board of appeals needs the assistance of a professional engineer.

(5)

Review of flood hazard development permit applications. The building official or designee shall:

a.

Review all applications for flood hazard development permits to determine that all pertinent requirements as described in this section have been or will be met;

b.

Utilize, in the review of all flood hazard development permit applications, the base flood data contained in the "Flood Insurance Study—Town of Burrillville, Rhode Island, Providence County," as described in this section;

c.

Make interpretations of the location of boundaries of special flood hazard areas shown on the FIRM maps dated March 2, 2009;

d.

In A zones, in absence of FEMA BFE data and floodway data, obtain, review, and reasonably utilize other BFE and floodway data as a basis for elevating residential structures to or above the base flood level, and for floodproofing or elevating non-residential structures to or above the base flood level.

e.

In review of flood hazard development permit applications, determine that all necessary permits have been obtained from those federal, state and local government agencies from which prior approval is required;

f.

Notify adjacent municipalities, the state department of environmental management and the state bureau of civil emergency preparedness prior to any alteration or relocation of a watercourse and submit copies of such notifications to the Federal Emergency Management Agency and maintain carrying capacity of altered watercourse; and

g.

Maintain, as a permanent record, copies of all flood hazard development permits issued and data relevant thereto, including reports of the zoning board of review on variances.

(6)

Development standards. The following standards shall apply to any construction or other development located wholly or partly within an area of special flood hazard as defined in this section. Please also refer to the current Rhode Island State Building Code, One and Two Family Dwelling Code, Plumbing Code, Mechanical Code, and Electrical [Code] for state standards.

a.

No watercourse may be altered in a manner which will, in the opinion of the building official or designee, result in any decrease in the capacity of the watercourse, and no land shall be graded or altered in such a manner as to increase the base flood elevation within the Town of Burrillville. Where any alteration is permitted, the building official or designee will notify the adjacent communities, the Rhode Island Statewide Planning Program and the Federal Emergency Management Agency.

b.

In a regulatory floodway, any encroachment is prohibited which would cause any increase in the base flood level unless hydrologic and hydraulic analyses prove that the proposed encroachment would not increase flood levels during the base flood discharge.

c.

The filling or excavation of land may be permitted only under the following conditions:

1.

Said action will not encroach upon a watercourse.

2.

Said action will not result in an increase in the potential flood level. Where it is determined that said action may result in an increase in the potential flood level, the building official or designee shall require appropriate measures to offset the potential increase. Adequate drainage shall be provided so as to reduce the exposure of the site or any other land to flood hazard.

d.

No outdoor storage of materials or equipment which is likely to cause damage to property, create a potential obstruction to floodwaters, create a potential fire hazard or pollute the waters during flood periods shall be permitted in any special flood hazard area. Such materials or equipment shall include but not necessarily be limited to: lumber and other buoyant materials, water-soluble materials, volatile or flammable materials, acids or poisons.

e.

Provision shall be made for anchoring facilities, equipment or yard features which are capable of movement or flotation in floodwaters. Such items shall include but shall not necessarily be limited to: fences, sheds, animal shelters, tanks, storage boxes, planters, vehicles, boats and other items normally positioned or stored on a site outside of a structure.

f.

The use of flood-resistant materials shall be used for structures within an area of special flood hazard.

g.

Construction methods and practices shall be used that minimize flood damage.

h.

Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located to prevent water entry to accumulation.

i.

Onsite waste disposal systems shall be designed to avoid impairment or contamination of the floodway.

j.

New and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration

k.

Base flood elevation data is required for subdivision proposals or other development greater than 50 lots or five acres.

(7)

Specific standards. Construction standards in special flood hazard areas (SFHA), zones A, A1-30, AE.

a.

Residential construction. All new construction, substantial improvements, and repair to structures that have sustained substantial damage shall have the bottom of the lowest floor, including basement, elevated to or above the base flood elevation (BFE).

b.

Non-residential construction. All new construction, substantial improvements, and repair to structures that have sustained substantial damage which are commercial, industrial or non-residential structures shall:

1.

Have the bottom of the lowest floor, including basement, elevated to or above the base flood elevation (BFE); or

2.

In lieu of being elevated, non-residential structures may be dry floodproofed to one foot above the BFE provided that together with all attendant utilities and sanitary facilities the areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, and provided that such structures are composed of structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A Rhode Island registered professional engineer or architect shall review and/or develop structural design specifications and plans for the construction, and shall certify that the design and methods of construction are in accordance with acceptable standards of practice or meeting the provisions of this section. Such certification shall be provided to the building official or designee.

c.

Fully enclosed areas below the base flood elevation of elevated buildings. All new construction, substantial improvements, or repair of substantial damage to residential or non-residential structures that include fully enclosed areas formed by a foundation and other exterior walls below the base flood elevation (BFE) of an elevated building, shall be designed to preclude finished living space and be designed to allow for the entry and exit of flood waters to automatically equalize hydrostatic flood forces on exterior walls (wet floodproofing). Designs for complying with this requirement must either be certified by a Rhode Island registered professional engineer or architect, or meet the following minimum criteria listed in sections 1—7 below:

1.

Provide a minimum of two openings (hydraulic flood vents) having a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding. These hydraulic openings must be located on at least two different walls. Only the area (square footage) that lies below the BFE can be used in the calculation of net area of vents required.

2.

The bottom of all openings shall be no higher than one foot above grade. At least one side of the structure's fully enclosed area must be at or above grade. Fill placed around the foundation walls must be graded so that the elevation inside the enclosed area is equal to or higher than the adjacent outside elevation on at least one side of the building. The foundation slab of a residential structure, including the slab of a crawlspace, must be set equal to the outside finished grade on at least one side of the building.

3.

The openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic entry and exit of flood waters in both directions without any external influence or control such as human intervention, including the use of electrical and other non-automatic mechanical means. Other coverings may be designed and certified by an engineer or approved by the building official or designee.

4.

The area cannot be used as finished living space. Use of the enclosed area shall be the minimum necessary and shall only be used for the parking of vehicles, building access or limited storage. Access to the enclosed area shall be the minimum necessary to allow for the parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). The enclosed area shall not be used for human habitation or partitioned into separate rooms.

5.

All interior walls, floor, and ceiling materials located below the BFE shall be unfinished and resistant to flood damage.

6.

Electrical, plumbing, machinery or other utility equipment that service the structure (furnaces, oil or propane tanks, air conditioners, heat pumps, hot water heaters, ventilation, washers, dryers, electrical junction boxes, circuit breaker boxes and food freezers) are prohibited in the fully enclosed area below the BFE. Utilities or service equipment located in this enclosed area, even if elevated above the BFE in the space, will subject the structure to increased flood insurance rates.

7.

A residential building with a structurally attached garage having the floor slab below the BFE is considered an enclosed area below the BFE and must meet the standards of [subsection] (7)c. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of floodwaters in both directions. Flood openings or vents are required in the exterior walls of the garage or in the garage doors. The human intervention necessary to open garage doors when flooding occurs is not an acceptable means of meeting the openings requirements. In addition to the automatic entry of floodwaters, the areas of the garage below BFE must be constructed with flood resistant materials. Garages attached to non-residential structures must also meet the aforementioned requirements or be dry floodproofed as per the requirements of [subsection] (7)b.2.

d.

Manufactured (mobile) homes and recreational vehicles (RVs). In all special flood hazard areas (SFHA), any manufactured (mobile) homes to be newly placed, substantially improved or repaired as a result of substantial damage, shall be elevated so that the bottom of the lowest floor is at or above the base flood elevation (BFE). This includes SFHAs outside a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or on a site in an existing park which a manufactured home has incurred substantial damage as a result of a flood.

All manufactured (mobile) homes within a SFHA shall be placed on a permanent foundation which itself is securely anchored and to which the structure is securely anchored so that it will resist flotation, lateral movement and hydrostatic pressures. Anchoring may include, but not be limited to, the use of over-the-top or frame ties to ground anchors.

All manufactured (mobile) homes within a SFHA shall be installed using methods and practices which minimize flood damage. Adequate access and drainage should be provided. Elevation construction standards include piling foundations placed no more than ten feet apart, and reinforcement is provided for piers more than six feet above ground level.

Recreational vehicles placed on sites within a SFHA shall either (i) be on the site for fewer than 180 consecutive days; and (ii) be fully licensed and ready for highway use; or (iii) be elevated and anchored. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

Public utilities and facilities in manufactured (mobile) homes or subdivisions with a SFHA shall be constructed so as to minimize flood damage.

e.

Accessory structures. Detached accessory structures in zones A, AE, A1-30, AO, and AH (i.e., garages, sheds) do not have to meet the elevation or dry floodproofing requirement if the following standards are met:

1.

The structure is no more than 500 square feet and has a value less than $3,000.00.

2.

The structure has unfinished interiors and must not be used for human habitation. An apartment, office or other finished space over a detached garage is considered human habitation and would require the structure to be elevated.

3.

The structure is used solely for parking of vehicles and/or limited storage.

4.

The accessory structure must be wet-floodproofed and designed to allow for the automatic entry and exit of flood water.

5.

The accessory structure shall be firmly anchored to prevent flotation, collapse and lateral movement.

6.

Service facilities such as electrical, mechanical and heating equipment must be elevated or floodproofed to or above the base flood elevation.

7.

The structure must comply with the floodway encroachment provision in subsection (6)b.

(e)

Variance.

(1)

The zoning board of review may hear and grant a variance as prescribed in this section subject to the prerequisites contained therein. In addition to applying the criteria and requirements of said section, the board shall undertake the following in granting a variance from the provisions of this article:

a.

Describe in its decision the exact extent of the variance granted.

b.

Indicate in its decision that the granting of such variance may affect the flood insurance rates as they apply to the subject property up to amounts as high as $25.00 per $100.00 of insurance coverage, and further, that construction or other development below the base flood elevation may increase risk to life and property.

c.

Forward a copy of its written decision and findings to the applicant, the building official or designee, the Rhode Island Statewide Planning Program and the Federal Insurance Administration in the annual report of the town to the administration.

(2)

No variance may be granted which will result in any increase in flood levels.

(f)

Enforcement.

(1)

It shall be the duty of the building official or designee to enforce the provisions of this article. If the code enforcement officer finds that any provisions of this article are being violated, he shall notify, in writing, the person responsible for such violation indicating the nature of the violation and ordering the action necessary to correct it.

(2)

When the above action does not result in the correction or abatement of the violation, the municipal officers, upon notice from the code enforcement officer, are hereby authorized and directed to institute any and all actions, whether legal or equitable, necessary to the enforcement of this article. Any person who continues to violate any provision of this article after receiving notice of such violation shall be guilty of a violation of this chapter and subject to a fine of $500.00 for each violation. Each day such a violation is continued is a separate offense.

(Ord. of 2-11-2009; Ord. of 6-24-2020(1); Ord. of 06-28-2023 (1))

Editor's note— An ordinance adopted Oct. 13, 1999, repealed provisions previously numbered as § 11-8.6 which pertained to regulation of earth removal and derived from the original zoning ordinance adopted Dec. 14, 1994.

(a)

Purposes. The purpose of this section is to establish general guidelines for the siting of towers and antennas. The goals of this section are to:

(1)

Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community;

(2)

Encourage strongly the joint use of new and existing tower sites;

(3)

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

(4)

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and

(5)

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.

(b)

Definitions. As used in this section, the following terms shall have the meanings indicated:

Alternative town structure shall mean manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Antenna shall mean any exterior apparatus designed for telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves.

FAA shall mean the Federal Aviation Administration.

FCC shall mean the Federal Communications Commission.

Government authority shall mean either the building official or the zoning board of review of the Town of Burrillville.

Height shall mean, when referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

Preexisting towers and antennas shall have the meaning set forth in sebsection (c)(3) of this section.

Public officer shall mean the building official of the Town of Burrillville.

Tower shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

(c)

Applicability.

(1)

New towers and facilities. The requirements set forth in this chapter shall govern the location of all new towers and facilities that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall not apply to towers and antennas.

(2)

Amateur radio, receive-only antennas. This chapter shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.

(3)

Pre-existing towers and antennas. Any tower and antenna for which a permit has been properly issued prior to the effective date of this chapter shall not be required to meet the requirements of this chapter, other than the requirements of subsections (d)(3) and (d)(4). Any such towers or antennas shall be referred to in this chapter as "preexisting towers" or "preexisting antennas."

(d)

General guidelines and requirements.

(1)

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to set-back requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed, and antenna that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure towers and base facilities may not take away required parking spaces of an existing building.

(2)

Inventory of existing sites. Each applicant for an antenna and or tower shall provide to the building department an inventory of existing towers that are either within the Town of Burrillville or within ten miles of the border thereof, including specific information about the location, height, and design and capacity of each tower. The building department may share such information with other applicants applying for administrative approvals or special use permits under this chapter or other organizations seeking to locate antennas within the town, provided, however that the building department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(3)

Federal requirements. All towers must meet or exceed current standards and regulations of the RI State Building Code, FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower and antenna at the owner's expense.

(4)

Building codes: safety standards. To ensure the structural integrity of towers, the proposed plan shall be prepared and sealed by a certified structural engineer, additionally, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state building codes, as amended. If upon inspection, the building official concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standard. If the owner fails to bring such towers into compliance within said 30 days, the Town of Burrillville may remove such tower at the owner's expense.

(e)

Procedures generally.

(1)

Building permits are required for all telecommunications antennas, towers and similar facilities.

(2)

Each applicant for such building permit shall apply to the building department, providing the information set forth in subsection (g)(2) below.

(3)

The building department shall respond to each such application within 30 days after receiving it by either approving or denying the application. If the building department fails to respond to the applicant within the said 30 days, then the application shall be deemed to be approved.

(4)

In connection with any such administrative approval, the building department may, in order to encourage shared use, administratively waive any zoning district setback requirements by up to ten percent pursuant to section 30-33(b) of this chapter.

(5)

If an administrative approval is denied, the applicant may appeal said denial in accordance with the provisions of the zoning chapter concerning appeals of administrative decisions.

(f)

Permitted uses.

(1)

General. The uses listed in this subsection are deemed to be permitted uses and shall not require a special use permit. Nevertheless, all such uses shall comply with subsections (d)(3) and (d)(4) above, and this article and all other applicable statutes and ordinances.

(2)

Specific permitted uses. The following uses are specifically permitted:

a.

Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any industrial or general commercial zoning district; provided however, that such tower shall be set back from any existing off-site residence a distance equal to the height of the tower or in the case of an unoccupied lot, setback a distance equal to the height of the tower plus the residential yard setback for the adjacent residential lot; setback from any commercial, manufacturing structure or use, and parking area equal to a distance of 1½ times the height of the facility; and the proposed site provides the opportunity to minimize the adverse visual effects of telecommunication facilities.

b.

Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, or other free-standing nonresidential structure) that is 50 feet in height or greater, so long as said additional antenna adds no more than 20 feet to the height of said existing structure; and

c.

Installing an antenna on any existing tower of any height, so long as the addition of said antenna adds no more than 20 feet to the height of said existing tower; provided, however, that such specific permitted use shall not include the placement of additional buildings or other supporting equipment used in connection with said antenna.

d.

Towers and antennas erected on land or structures owned by the Town of Burrillville for public safety purposes.

(g)

Special use permits.

(1)

General. The following conditions shall require the issuance of special use permits:

a.

If the tower or antenna is not a permitted use under article IV of this chapter or permitted to be approved administratively pursuant to article III of this chapter, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.

b.

In granting a special use permit, the zoning board of review may impose conditions to the extent the board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

c.

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical shall be certified by a licensed professional engineer.

d.

Any enlargement, expansion, extension, addition of cells or construction of new or replacement towers or transmitters, beyond the original approved capacity, shall be subject to site plan review and follow the same procedure as for an original grant of a special use permit.

(2)

Information required. Each applicant requesting a special uses permit under this chapter shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the zoning board of review to be necessary to assess compliance with this chapter. The date of balloon deployment pursuant to subsection (b) below shall be incorporated into the public meeting notice.

a.

The applicant will also submit a report that includes a description of the tower and the technical, economic and other reasons for the tower design. The report will also describe the capacity of the tower including the number and type of transmitters and receivers that it can accommodate and the basis for the calculation of capacity. To encourage colocation, towers should be designed to handle capacity beyond that required by the applicant.

b.

Between the date of advertisement of the public meeting date, and the scheduled public meeting date, a (tethered aerostat) balloon shall be required to be deployed at the height of the proposed tower. All cost associated with balloon deployment will be borne by the applicant.

c.

Applicants proposing to erect wireless communication towers, accessory facilities and structures on land or structures shall provide evidence of contractual authorization from the owner(s) to conduct wireless communications services on the property.

d.

Applicants other than licensed carriers shall provide evidence that a licensed carrier will locate on the proposed facility once erected.

e.

Each applicant shall submit an evaluation of five potential sites for antenna platforms within five miles of the proposed site. Applicants will also submit proof that owners of existing or potential sites within the search area have been contacted and that permission was sought to install a device on those structures, and that permission was denied, or that such locations do not satisfy requirements to provide the service needed. Failure to present evidence of a good faith effort on the part of the applicant to utilize existing facilities shall be grounds for denial of the application.

f.

The applicant must demonstrate that the tower complies with all applicable standards of the federal and state governments by providing a copy of the requests made by the applicant to the FAA and the FCC. The applicant shall also provide the written response from the FAA and the FCC that the proposed tower complies with applicable regulations administered by the agency or that the tower is exempt from those regulations. A copy of the response from each agency shall be included in the application. If such response is not received within 60 days, the application will be considered incomplete. The applicant shall send a subsequently received agency statement, if any, to the building official.

(3)

Factors considered in granting special use permits. The zoning board of review shall consider the following factors in determining whether to issue a special use permit, although the board may waive or reduce the burden on the applicant of one or more of these criteria, if the board concludes that the goals of this chapter are better served thereby.

a.

Height of the proposed tower;

b.

Proximity of the tower to residential structures and residential district boundaries;

c.

Nature of uses on adjacent and nearby properties;

d.

Surrounding topography;

e.

Surrounding tree coverage and foliage;

f.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

g.

Proposed ingress and egress; and

h.

Availability of suitable existing towers and other structures as discussed in subsection (f)(4) of this section.

Every application for special use permit shall be accompanied by a description of the narrowing process that eliminated other potential sites. The applicant shall also provide a written statement from a radio frequency engineer justifying the height of the proposed facility.

(4)

Availability of suitable existing towers or other structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the zoning board of review that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

a.

No existing towers or structures are located within the geographic area to meet applicant's engineering requirements.

b.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

c.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

d.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

e.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

f.

Proof that owners of existing towers or structures within the search area of the proposed tower location have been contacted and that permission was sought to install a device on those structures, and that permission was denied.

(h)

Design standards. The following design standards shall apply to all towers and antennas approved by right, or for which a special use permit is required; provided, however, that the building official or zoning board of review, as applicable, may reduce the standard setbacks and separation requirements if the goals of this chapter would be better served thereby.

(1)

Setbacks and separation.

a.

Towers must be set back a distance equal to the height of the tower from any residential structure plus the residential yard setback for the adjacent residential lot. Where the zoning board of review feels that the factual circumstances warrant it, the board may require that the tower be set back a distance equal to the height of the tower from any lot line.

b.

Guys and accessory facilities must satisfy the minimum zoning district setback requirements for accessory structures.

c.

Towers over 90 feet in height shall not be located within one mile of any existing tower that is over 90 feet in height.

d.

Towers must be set back a distance equal to 1½ the height of the tower from the lot line of any adjoining commercial, manufacturing structure or use, and parking area.

e.

All supports and anchors shall have a minimum ten-foot horizontal setback from any overhead utility lines.

(2)

Aesthetics; lighting.

a.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.

b.

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities into the natural setting and built environment.

c.

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

d.

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

(3)

Landscaping.

a.

Tower facilities shall be landscaped with a buffer of evergreen plant materials that effectively screens the view of the tower compound from adjacent residential property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.

b.

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.

c.

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the perimeter may be sufficient buffer.

d.

No signs shall be allowed on any communication tower except as required for public safety purposes, by the Federal Communication Commission or by the town. All signs shall conform to the sign requirements of the zoning chapter.

(4)

Security fencing.

a.

Towers shall be enclosed by security fencing not less than six feet in height.

b.

Towers shall also be equipped with an appropriate anti-climbing device.

(i)

Removal of abandoned antennas and towers. Any antennas or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower/or the owner of the property on which the tower is located shall remove same within 30 days of receipt of notice from the building official notifying the owner of such abandonment. The applicant shall post a bond which shall be reevaluated every two years, to cover the cost of removal. If the town shall determine that the bond is insufficient to cover the cost of removal, then the applicant or property owner shall increase the value of the bond. If such antenna or tower is not removed within said 30 days, the town may remove such antenna or tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(Ord. of 2-12-1997; Ord. of 3-24-1999(2); Ord. of 5-27-2009)

(a)

Objectives and applicability. The objective of the rural residential compound is to provide for flexibility of design for residential development and to allow a better relationship between residential development and the natural, historic and rural characteristics of the land. Lots may contain less than the frontage and provide flexibility in the front, side, and rear yard setback requirements as prescribed by this chapter for the underlying district, provided that the requirements of this section are met.

The planning board may grant approval for the creation of a rural residential compound in the F-5 district. A rural residential compound is a parcel of land on which no more than five single-family household structures are grouped on a portion or portions of the property, on smaller lots and within building envelopes and with flexible dimensional requirements other than those permitted in the underlying zoning district. Individual lot frontages may be permitted on private as well as public streets. Within such rural residential compounds, any contiguous open space shall remain undeveloped and be set aside for conservation, agricultural uses, passive recreation, and/or for the preservation of valuable and/or sensitive features or structures of the rural landscape.

(b)

Definition, purpose and review process.

(1)

A residential compound is a parcel of land containing lots for single-family dwellings having an average overall density of no greater than one dwelling unit per ten acres of land.

(2)

Residential compounds are intended to preserve the rural character of the town by permitting low-density residential development on large parcels of land while relieving the applicant from compliance with the design and improvement standards applicable to conventional land development and subdivisions.

(3)

The compound shall contain a maximum of five residential building lots, and no fewer than two building lots.

(4)

For the purpose of review and approval, residential compounds will be considered minor land development projects and subject to the review and approval by the planning board under the provisions of the Town of Burrillville land development and subdivision regulations. Any proposed rural residential compound shall require a public hearing in accordance with the public hearing and notice requirements section of the Burrillville subdivision and land development regulations.

(c)

Permitted uses. The permitted uses applicable to residential compounds shall be those provided in the F-5 zoning district, the only district in which residential compounds are allowed.

(d)

Density calculation and dimensional regulations.

(1)

The maximum number of building lots allowable in a residential compound shall not exceed five lots, and no fewer than two building lots.

(2)

The planning board may allow flexible lot width or frontage requirements for lots within a rural residential compound, provided however, that no building lots shall be reduced in area to less than two acres. The planning board may reduce those areas or portions of lots within the minimum prescribed front-rear-side yard setbacks, known as building envelopes, to designate an appropriate area for the siting of a house.

(3)

The requirements of this ordinance cannot be utilized contemporaneously with any other subdivision such as a minor or major subdivision for the purpose of increasing the density allowed under section (d)(1) above.

(e)

General requirements.

(1)

A parcel proposed for development as a residential compound shall have frontage on a town-accepted street. Such frontage shall be a minimum of 50 feet. This provision is intended to accommodate legal nonconforming lots with substantial backland but only minimum frontage and shall not be construed as a means of increasing the density allowed under section (d)(1) above.

(2)

Each proposed lot must contain a minimum of two acres suitable for development. Land unsuitable for development shall be RIDEM verified wetland areas and land determined by the planning board to be unbuildable because of natural physical conditions.

(3)

No lot or parcel which has been developed as a residential compound shall be further subdivided or reduced in size. This provision shall not prevent the development in incremental stages of a parcel as a residential compound as long as each component lot shall not be changed after having received final approval from the planning board.

(f)

Open space. At least 50 percent of the total land area of the parcel proposed for development shall be designated as permanent open space in accordance with the provisions of the Town of Burrillville land development and subdivision regulations. To the extent possible, the proposed open space shall be contiguous. Any land within a rural residential compound not designated as a building lot shall be conveyed to the town and accepted by it for park, open space, agricultural, or other specified open space use or uses, or be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space, or be conveyed to a corporation or trust owned or to be owned by the owners of lots or units within the development, or owners of shares within a cooperative development. Each owner will have an undivided interest in and to those open space lots and ownership shall pass with conveyances of the lots or units. While the open space areas will generally be owned by the owners of the residential compound, the town reserves the right to request that the land be conveyed to the town or a non-profit organization for the town's use as a park or open space.

(1)

The open space lot created shall be protected against future development and unauthorized alterations in perpetuity by appropriate deed restrictions and conservation easements. In any case where the land is not conveyed to the town, a restriction enforceable by the town shall be recorded providing that the land shall be kept in the authorized condition(s) and not be built upon or developed for accessory uses such as parking or roadway. The planning board shall approve the form and content of any such restrictions and easements at the time of final approval of the residential compound.

(2)

Any buildings, structures, parking areas or impervious improvements associated with open space use may be located on the open space lot, or lots, provided, however, that any structure is within keeping the lot, or lots, as part of the open space. The planning board shall approve the facility and location of all such facilities and their design in terms of massing, scale and materials.

(3)

The owner(s) of the open space lot, or lots, shall guarantee perpetual maintenance by appropriate deed restrictions, and the planning board shall approve the form and content of any such restrictions at the time of final approval of the subdivision. The restrictions shall contain the following provisions:

a.

If the building lot owners and/or their open space lot owners, and/or their successors or assigns fail to maintain the open space lot or lots, the Town of Burrillville may, at its option and its sole discretion, perform any necessary maintenance and enforce the payment for such costs, including reasonable attorneys' fees, by an action of law or in equity against the building lot owners and/or their open space lot owners or their successors or assigns.

(g)

Design and improvement standards.

(1)

Streets and drainage improvements within the parcel to be developed as a residential compound shall be privately owned and maintained in common by the residents of the residential compound. At the time of final approval, the planning board shall approve the form and content of the following legal documents to be recorded contemporaneously with the final plat.

a.

A covenant by the owner of the parcel, binding on his successors and assigns, that the Town of Burrillville shall not be asked or required to accept or maintain the private streets within the parcel that do not meet the engineering and design requirements for town-accepted streets, for a minimum of 99 years from the date of recording, or, if only a lesser period is legally enforceable, for that period with as many automatic renewals as are necessary to total 99 years. Such restrictions shall state that all expenses for improvements to private streets to meet town requirements shall be born[e] by the owners of the property, including such improvements which may be deemed necessary for public use should the property owners wish a private roadway be made a town-accepted road.

b.

A document or documents establishing the method of ownership, and providing for the maintenance of the streets and drainage improvements.

(2)

Streets and appropriate drainage facilities within a residential compound shall be designed, constructed and inspected in compliance with the Town of Burrillville land development and subdivision regulations. The planning board shall have the authority to require additional improvements in order to protect the public health, safety, and welfare, if warranted by the characteristics of the land, or if the street will be used by persons other than the residents of the compound.

(3)

If the planning board determines that an existing private right-of-way which is proposed to be used as access from the compound to a town-accepted road is not adequate for public health, safety and welfare purposes, the planning board shall have the authority to require improvements to the private right-of-way. Such improvements may include improved pavement surface, increased pavement width, increase in depth below finished grade for removal of boulders or ledge, improvements in the grade of ascent or descent, surface water run-off control, natural water flow protection, or drainage improvements. Any such improvements required shall be shown on a plan certified by a professional engineer, and such plan shall be included in the submission requirements for final plan approval and recorded with the endorsed plat. No final approved plat shall be endorsed or recorded and building permits issued for any property in rural residential compounds until such required improvements are completed.

(4)

Streets, drainage, and other improvements within a residential compound may be bonded pursuant to the Town of Burrillville land development and subdivision regulations.

(h)

Approval process. Residential compounds shall be reviewed as minor land development projects by the planning board under the Town of Burrillville land development and subdivision regulations.

(1)

Approval of a rural residential compound shall be granted only upon the planning board's determination that the plan preserves open space; utilizes the natural features of the land, allows for more efficient provision of access; provides for stability and appropriate long term safety and capacity of the road system both internal and external roads of the residential compound, be they private roads, public ways, or town-accepted roads; and preserves the aquifer overlay district and the rural character of the land.

(2)

Rural residential compounds are to be allowed by the planning board only when a subdivider can demonstrate to the board that such development would be a better use of the land than a conventional subdivision and is the best interests of the residents of the Town of Burrillville. To this end, the planning board shall require the subdivider to provide an alternate plan or plans for developing the land as a conventional subdivision.

(3)

The final plan approved by the planning board and recorded in the land evidence records of the Town of Burrillville shall contain the following statement: "These premises are subject to restrictions and conditions that are contained in instruments recorded contemporaneously with this plan and are incorporated herein by reference."

(Ord. of 3-10-99(2); Ord. of 4-23-2008(2))

(a)

Definition and purpose. A village planned development (VPD) is a land development project developed by a single owner or a group of owners that is fully planned and developed as a comprehensive site. Village planned developments allow the developer greater flexibility in terms of the arrangement of buildings on the land while providing the town with a method of directing higher density growth towards existing village areas and providing a continuation of pedestrian circulation within those areas. Growth area number 4 as shown on the accompanying VPD overlay zone map is viewed as an exception to the above, because there is currently no formerly recognized village in this area. However, per the Route 102 development management district overlay zone, a new village is recommended for this area.

(b)

Intent. The intent of this article is to encourage development that promotes a harmonious variety of uses within a concentrated area thereby providing developers with development options not ordinarily allowed through conventional zoning. The mix and orientation of the allowed uses in the VPD shall be compatible within the proposed development and compliment adjacent village area neighborhoods. Each VPD shall promote shared services and facilities, the use of public sewer - although individual sewerage disposal systems or other treatment systems may be allowed- public or private water systems, (except in growth area number 4 which will require ISDS and private wells), and the creation of safe, pedestrian-friendly environments to accommodate residential living, shopping and/or working.

(c)

Objectives. The objectives of village planned development are:

(1)

To allow for compatible mixed uses on a site, which are ordinarily not permitted together through conventional zoning.

(2)

To coordinate architectural styles, building forms, and structural/visual relationships in an innovative, aesthetic, and functionally efficient manner.

(3)

To provide flexibility of zoning in exchange for creative design and added amenities.

(4)

To encourage land development and redevelopment (such as mixed-use developments) within or adjacent to the town village centers that preserves their natural and/or historical features.

(5)

To encourage the redevelopment and rehabilitation of deteriorated and/or underutilized historic or nonconforming structures and areas.

(6)

To promote pedestrian friendly environments which provide both a safe walking atmosphere and a logical connection of destinations within and adjacent to existing village centers.

(7)

To enhance the quality of life for the inhabitants, users, and/or workers who will be utilizing or otherwise benefiting from the provided amenities.

(8)

To focus growth within or adjacent to the villages of Pascoag and Harrisville, or in the case of growth area number 4, establish a new village in Nasonville.

(9)

To provide areas that allow increased density thereby reducing land cost(s) per building site to encourage affordable housing availability.

(d)

Types of village planned developments. The following types of village planned developments may be approved by the planning board only when geographically sited according to the village planned development overlay zone ("VDP overlay zone") map.

(1)

Village residential land development project: Predominantly residential VPD that also includes public recreational uses (i.e., playgrounds and town commons) and open space. Examples of predominantly residential VPD's include:

a.

Age-restricted housing (e.g. retirement communities) with a clubhouse or other recreation facility or other appropriate service, and useable open space.

The purpose of subsection (d)(1)a. above is to create housing with limited impacts on town services. All village residential land development projects shall utilize varied, architectural housing styles that reflect those within Burrillville's two National Historic Districts of Harrisville and Oakland, (e.g. capes, bungalows (cottages), colonials, mill house duplex(s) etc.) and not exceed two units per building. The Stillwater Mill Complex is exempt from this provision.

(2)

Village mixed-use land development project: A mixed-use VPD that includes residential, commercial, retail, recreational, open space preservation, and/or municipal uses, the purpose of which is to promote redevelopment in growth areas 1, 2 and 3.

a.

Like subsection (d)(1) above, these projects shall utilize varied, architectural housing styles that reflect those within Burrillville's two National Historic Districts of Harrisville and Oakland, (e.g., capes, bungalows (cottages), colonials, mill house duplex(s) etc.).

b.

Commercial and retail gross floor areas within mixed-use buildings must not exceed 4,000 square feet. The Stillwater Mill Complex is exempt from this provision as well as section 30-204 in its entirety.

(3)

Village industrial land development project: Predominantly light-industrial VPD that also includes commercial, recreational, governmental, and/or open space preservation uses, the purpose of which is to take advantage of highway access. Industrial VPD's are to be encouraged within growth area number 4. Examples industrial VPD's include:

a.

A corporate park that mixes offices with recreation, restaurants, daycare facilities, and other uses that may be considered accessory to the main employment use.

b.

A corporate and light industrial park that mixes offices with light manufacturing and/or research and development, and other uses that may be considered accessory to the main employment use.

c.

In any industrial VPD, the retail (including restaurant) use shall be accessory to the main employment use, and thus no single retail or restaurant use shall exceed 6,000 square feet of G.F.A., nor shall the total of all retail and restaurant use exceed 30 percent of the G.F.A. of the entire industrial VPD.

(e)

Review requirements.

(1)

VPD(s) shall be considered major land development projects and subject to review and approval by the planning board according to the standards of the Town of Burrillville Subdivision and Land Development Regulations as adopted June 13, 2001, and as subsequently amended.

(2)

In addition to the review requirements set forth in the subdivision and land development regulations, the applicant shall be required to include a statement of appropriateness demonstrating that the proposed development is in conformance with the VPD section objectives and purposes and consistent with the Burrillville Comprehensive Plan.

(3)

The planning board may apply such special conditions, restrictions or stipulations to any VPD and make findings of fact, as it may deem necessary to maintain consistency with the comprehensive plan, zoning chapter, and subdivision and land development regulations to maintain harmony with neighboring uses.

(4)

Standards for building coverage, building height, access to state and town highways and roads, lots containing wetlands, impervious surfaces, loading, signage, site planning design, streets, sidewalks and bicycle paths, blocks, utilities, erosion and sediment control, landscaping, drainage systems, etc., for VPD(s) shall generally be those as stated in the subdivision and land development regulations.

(5)

All parking standards shall be determined by use, and in accordance with ITE Trip Generation Guidelines, as amended, and as approved by the town planner and town engineer, and exempt from section 30-156 in its entirety.

(6)

Final plan approvals granted by the planning board and recorded in the Land Evidence Records of the Town of Burrillville shall contain the following statement: "These premises are subject to restrictions and conditions that are contained in instruments recorded contemporaneously with this plan and are incorporated herein by reference."

(f)

General requirements.

(1)

Village planned developments shall have a minimum of 50 feet frontage on a town-accepted street.

(2)

Village residential and village mixed-use land development projects are strongly encouraged within growth areas 1, 2, and 3 and shall be linked to existing village areas through the installation of curbing and sidewalks, walking paths, and useable, public open space. The purpose of this requirement is to promote pedestrian friendly environments and a logical connection of destinations within and adjacent to existing village centers. In order to effectuate this requirement and promote a continuation of traditional block and grid street patterns common to the older villages of Pascoag or Harrisville, cul-de-sacs are not allowed.

(3)

Visual connections must be established between the proposed housing units and existing structures found within Burrillville's two National Historic Districts. Such is accomplished through architectural design and the use of historic building materials that are compatible within the National Historic Districts such as: wood or brick, building style and features such as: period lighting and other outdoor fixtures, and native landscaping.

(4)

Village residential land development projects shall be allowed in the VPD overlay zone as set forth on the Burrillville Zoning Map as amended in conjunction with this chapter, even if also located in the aquifer overlay district.

(5)

Provided proposals comply with the objectives, review requirements and general requirements sections contained herein, the total lot density of any village planned development shall be calculated according to the existing R-12 zone district (i.e., using a minimum area size per dwelling unit of 12,000 square feet).

(6)

The planning board shall determine all other flexible dimensional requirements for village planned developments including lot dimensions, internal frontage requirements (if applicable), building setbacks, and buffer zone requirements where different units exist in an effort to maintain historic village design. The basic minimum standards for such flexible dimensional requirements shall be that of the R-12 zone. Pursuant to G.L. 1956, § 45-24-47(b), as amended, the planning board may authorize zoning incentives of up to 50 percent of the R-12 zone dimensional requirements, (excluding minimum lot size) provided that all objectives review requirements and general requirements are met.

(7)

Twenty percent of all proposed units must be affordable to those residents within the income range of 30 to 80 percent of area median income as determined by HUD. All units shall be maintained and operated according to either the HUD or Rhode Island Housing and Mortgage Finance Corporation federal subsidy program requirements for as long as the proposed use is residential (i.e., all units must be subsidized housing units according to G.L. 1956, § 45-53, section 2, definition 2.23, subsidized housing or affordable, as subsequently amended). Additional covenants and restrictions may be prescribed as necessary by the planning board to ensure affordability.

(8)

A letter of eligibility in support of the affordable units from either HUD or RIHMFC must be submitted along with any VPD proposal prior to final approval of any village plan proposal.

(9)

Affordability restricted units shall be built and occupied prior to, or simultaneously with the construction of any other units in the approved application.

(10)

Provisions shall be made for the guaranteed maintenance and ownership of private infrastructure, through such legal documentation, as required by the planning board and approved by the town solicitor.

(g)

Design and improvement standards.

(1)

Streets and drainage improvements in VPD's may be either: privately or publicly owned. At the time of final approval, the planning board shall approve the form and content of a document or documents, establishing the method of ownership and providing for the maintenance of the streets and drainage improvements, to be recorded contemporaneously with the final plat.

(2)

Streets and appropriate drainage facilities within a VPD shall be designed, constructed and inspected in compliance with the Town of Burrillville Land Development and Subdivisions Regulations. The planning board shall have the authority to require additional improvements in order to protect the public health, safety, and welfare, if warranted by the characteristics of the land, or if public improvements are to be used by the general public. Any such improvements required shall be shown on a plan certified by a professional engineer, and such plan shall be included in the submission requirements for final plan approval and recorded with the endorsed final plat. No final approved plat shall be endorsed for any property in a village planned development until such required improvements are either completed or bonded.

(3)

Streets, drainage, and other improvements within a VPD shall be bonded pursuant to the Town of Burrillville Land Development and Subdivision Regulations.

(h)

Aquifer zones and uses. Village planned developments, as described in herein, shall be permitted in aquifer overlay district, however, only within the village planned development overlay zone, if the requirements of this section are met, and that all uses which are prohibited under section 30-202(f) (other than individual wastewater treatment plants for onsite wastewater disposal), shall remain prohibited.

(Ord. of 2-25-04(2))

(a)

Establishment of the development management district overlay zone.

(1)

Purpose. This development management district overlay zone is established to work in conjunction with underlying zoning districts to implement land use development policies contained in the Bronco Highway Development Management Study Report of February 2003 ("Bronco Highway Plan") and the Burrillville Comprehensive Plan.

Design standards for the development district are structured to encourage development that preserves the rural character of Route 102, protects sensitive environmental and cultural resources, enhances the community and improves the tax base while minimizing traffic impacts on Bronco Highway. The district is intended to prevent strip commercial development and associated commercial sprawl along Bronco Highway by encouraging development of industrial and commercial office parks along the highway and concentrating retail development at commercial nodes in existing and proposed village centers.

(2)

Applicability. The development management district provisions and standards supplement those of the applicable underlying zone and other applicable overlay zones. Where the development management district and base zone provisions conflict, the management overlay zone provisions shall control. The overlay zone applies to all properties listed in the development management district overlay zone table and shown on the accompanying district map contained in Attachment A [attached to the ordinance adopted September 24, 2003].

(3)

Review procedure. All multiple lot and/or multi-unit residential, commercial and industrial development proposals within the development overlay district shall be subject to site plan review procedures as specified in section 11.8.1 of the zoning chapter.

(b)

Allowed uses and special use limitations.

(1)

Allowed uses. Table 1.A shows the schedule of allowed uses within each base zone. With some exceptions, the activities allowed within the base zone are also allowed within the development management district. The district adds the flexibility of mixing compatible uses on a given site. Mixed use development is encouraged within the district.

ZONE USE AMENDMENTS

TABLE 1.A. ROUTE 102 OVERLAY ZONE USES

(2)

Prohibited uses. Commercial retail, rental, sales and service uses are not permitted to have access on Bronco Highway within the development management district. Where permitted by the underlying zone, such uses may be allowed within the district provided that they obtain frontage and access from roads other than Bronco Highway. Specific uses prohibited along Bronco Highway include but are not limited to:

a.

Convenience stores.

b.

Fast food restaurants.

c.

Service stations, including quick servicing.

d.

Car washes.

e.

Flea markets.

f.

Self service storage facilities.

g.

Open lot storage (except agricultural products).

(3)

Temporary uses. The short-term use of land for the sale of agricultural products may be allowed by special permit within the development management district provided that such use is temporary, is restricted exclusively to the sale of agricultural products, and the property owner has demonstrated adequate provisions for traffic control, site security and public health and sanitation. No permit for this use may be issued for a term exceeding three years.

(4)

Buffer zones and setbacks. In order to maintain the rural and forested appearance of Bronco highway within the development management district, a vegetated buffer with a minimum depth of 50 feet must be maintained along both sides of Bronco Highway as measured from the limit of the highway right-of-way. No buildings, signs, structures or other site improvements may be constructed within this buffer zone. Existing trees, shrubs, and other naturally occurring vegetation may not be removed from this buffer zone without express written permission from the planning board. Permission may be granted by the planning board for the selective removal of dead, dying, or diseased trees upon submission of documentation by a licensed arborist certifying that such removal is necessary to protect the health of the surrounding forest and/or to protect the public health, safety and welfare.

(5)

Signs. Internally illuminated signs and signs incorporating blinking, flashing, or moving lights are prohibited within the development management district.

(Ord. of 9-24-03)

(a)

Purpose. The purpose of this section is to regulate solar installations, whether roof- or ground-mounted or integrated into other structures such as canopies. This is done by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations. These standards are used to address public safety, minimize impacts on abutting properties, scenic, natural and historic resources, and are compatible with the general neighborhood in which they are located. Such installations shall also be consistent with the Town of Burrillville's Comprehensive Plan, as well as any state and office of energy resources rules and regulations.

(b)

Applicability. The provisions of this section shall apply to installation, construction, operation, and repair of all solar energy systems, regardless of type, and the decommissioning of all ground-mounted solar energy systems.

(c)

Definitions.

Abandonment means the solar energy system shall be considered abandoned when it either fails to operate as originally designed or operations are discontinued for more than one year, without the written consent of the planning board.

Conservation opportunity areas means areas identified in the 2015 DEM Wildlife Action Plan, as amended, as priority areas for conserving Rhode Island's species of greatest conservation need and key habitats.

Previously disturbed site means landfills (as identified by the state department of environmental management as of the date of the approval of this section), mines, quarries, and gravel pits (as identified by the RIGIS land use/land cover aerial photo data of 2021), brownfields (as identified by the state department of environmental management or the U.S. Environmental Protection Agency as of the date of the approval of this section), and superfund sites (as identified by the U.S. Environmental Protection Agency as of the date of the approval of this section). A previously disturbed site is only the portion(s) of a lot that is(are) disturbed or contaminated, and not the entire lot on which a previously disturbed site is located.

Solar energy system means all equipment, machinery and structures utilized in connection with the conversion of solar energy to electricity, to provide for heating, cooling, water heating or electricity generation. A solar energy system can be small-scale or large-scale, per the table in subsection (d) of this section.

Solar energy system, building-integrated means a type of building-mounted solar energy system that is constructed as an integral part of a principal or accessory building or structure and where the building integrated system features maintain a uniform profile or surface of vertical walls, window openings and roofing. Such a system is used in lieu of a separate mechanical device replacing or substituting for an architectural or structural component of the building or structure that appends or interrupts the uniform surfaces of walls, window openings, and roofing. A building-integrated system may occur within windows or skylights, into roofing systems such as shingles or roof paneling, or other building or structure envelope systems such as siding.

Solar energy system, building-mounted means a solar energy system that has its electricity-generating solar panels attached to any part or type of roof on a building or structure that has an occupancy permit on file with the municipality and that is either the principal structure or an accessory structure on a recorded parcel. This system also includes any solar-based architectural elements and building-integrated solar energy systems.

Solar energy system, canopy (or solar canopy) means an elevated structure, built to cover a parking area, that hosts solar panels and provides shade. Solar canopies are separate and distinct from solar panels installed onto a carport structure.

Solar energy system, ground-mounted means a solar energy system that has its electricity-generating solar panels mounted on a structure, pole or series of poles constructed specifically to support the system and not attached to any other principal or accessory structure.

(d)

Summary of solar energy system classification. The following table provides a summary of how different types of solar energy systems are divided between large-scale and small-scale for the purposes of this section. For the purposes of determining classification, the area covered by a ground-mounted solar energy system will be measured on a site plan by drawing a five-foot buffer around the outer edge of the panels and then reporting the total area within that buffer.

(e)

Requirements for all solar energy systems (small-scale and large-scale).

(1)

Compliance with laws, ordinances and regulations. The construction and operation of all solar energy systems shall be consistent with all applicable local, state and federal laws, ordinances, regulations and requirements, including but not limited to, all applicable safety, construction, electrical and communications requirements. All buildings and fixtures forming part of a solar energy system installation shall be constructed and maintained in accordance with the state building code.

(2)

Building permit and building inspection. No solar energy system shall be constructed, installed or modified without first obtaining the appropriate permit from the building department and shall be subject to periodic inspections as deemed necessary by the building official.

(3)

Glare. All 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.

(4)

Utility lines. Utility lines and cables shall be located underground to the greatest extent practicable. Any utility lines and cables that remain above ground should be sited to reduce their visibility from public rights-of-way to the greatest extent practicable.

(f)

Requirements for small-scale solar energy systems. A small-scale solar energy system is permitted in all zoning districts as a matter of right, provided:

(1)

The system meets all applicable requirements for accessory structures in section 30-111, table of dimensional regulations, and section 30-112(3), yard exceptions, as well as all applicable zoning requirements from other sections of this zoning ordinance, including but not limited to signage (section 30-157), unless otherwise specified below. Small-scale solar energy systems are not subject to subsection (g), requirements for large-scale solar energy systems;

(2)

Roof-mounted solar energy systems. These solar energy systems may only be placed on code compliant structures. On flat roofs, accessory solar energy systems shall be set back from the edge at least two feet;

(3)

Ground-mounted solar energy systems. These solar energy systems shall be no more than ten feet above finished grade at their highest point. (Note that solar canopies are not considered ground-mounted solar energy systems and follow the height requirements for accessory structures as found in section 30-111.)

(g)

Requirements for large-scale solar energy systems. A large-scale solar energy system is permitted per the requirements below.

(1)

Planning board review. Large-scale solar energy systems must be reviewed by the Burrillville planning board in accordance with section 30-201, development plan review.

(2)

Special use permit required. The development of a large-scale solar energy system shall also require the issuance of a special use permit per section 16-48.

(3)

Location and coverage.

a.

Commercial and industrial districts. Large-scale solar energy systems are allowed, by special use permit, in the Limited Industrial (LI), and General Industrial (GI) zoning districts as outlined in section 30-71, zoning district uses, only in the areas and under the conditions described herein.

A large-scale solar energy system in these zoning districts must be accessory to an active permitted principal use with a pre-existing occupancy permit on the lot and shall not exceed 20 percent of the buildable area of the lot on which it is located (or two acres, whichever is less), inclusive of all area within the required fencing for the system.

b.

Previously disturbed sites. Large-scale solar energy systems are allowed, by special use permit, in any zoning district other than the Open Space (OS) district as outlined in section 30-71, zoning district uses, only in the areas and conditions described herein.

A large-scale solar energy system in these zoning districts may be a principal use on a previously disturbed site, as defined herein, determined by the planning board and approved by the zoning board of review through the special use permit process. Such large-scale solar energy system shall only be located on the portion of a lot considered a previously disturbed site and shall not exceed 60 percent of the area of the lot on which it is located (or 20 acres, whichever is less), inclusive of all area within the required fencing for the system. On previously disturbed sites within the Village Commercial (VC), General Commercial (GC), Limited Industrial (LI), and General Industrial (GI) zoning districts, if the planning board deems among other things that a commercial or industrial use other than a large-scale solar system can be accommodated on all or a portion of the previously disturbed site, then the land dedicated to solar shall be reduced to an area allowed by the board.

c.

Agricultural uses. Large-scale solar energy systems are allowed only in the areas and under the conditions described herein, by special use permit, in any zoning district, as outlined in section 30-71, zoning district uses, where the following agricultural uses are permitted by right or allowed by special use permit:

1.

Raising of animals subject to the premises being kept in a humane, sanitary manner,

2.

Commercial nursery with retail outlet,

3.

Commercial nursery, orchards, raising of crops for profit,

4.

Wineries,

5.

Farmer-wineries and farmer breweries.

A large-scale solar energy system must be accessory to one of the agricultural uses listed above, and such agricultural use must be the active permitted principal use with an occupancy permit on the lot. The large-scale solar energy system shall not exceed 20 percent of the buildable area of the lot on which it is located (or two acres, whichever is less), inclusive of all area within the required fencing for the system.

d.

Open Space District. Large-scale solar energy systems are prohibited in the Open Space (OS) zoning district as outlined in section 30-71, zoning district uses.

e.

Conservation opportunity areas. Large-scale solar energy systems are prohibited in conservation opportunity areas as defined in section 30-211(c), definitions.

(4)

Insurance. Comprehensive general liability coverage in the minimum amount of $500,000.00 for bodily or personal injury and $100,000.00 for property damage.

(5)

Fees and surety. All applicable fees including, but not limited to, planning and zoning board review fees, as well as all surety bonds to cover the cost of removal, shall be paid by the owner, or operator, prior to the issuance of any building permits. Surety bonds must be renewable every five years after a cost evaluation has been conducted and submitted to the planning board, to ensure decommissioning costs may be entirely covered. The planning board reserves the right to request a cost evaluation for decommissioning more frequently than every five years, with such request made in writing to the owner and/or operator. The owner or operator of a solar energy system shall notify the building official by certified mail return receipt requested of the date of discontinued operations and plans for removal. Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation. In no event shall the amount exceed 125 percent of the cost of removal and compliance with any other requirements set forth herein.

(6)

Plans and surveys. All plans related to design, construction, installation or modification of a solar energy system shall be prepared, signed and stamped by either a professional engineer, surveyor (for property line information), or landscape architect (for landscape information) licensed to practice in the State of Rhode Island.

(7)

Maintenance. The 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, and integrity of security measures. 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.

(h)

Standards for approval of large-scale solar energy systems.

(1)

Access and safety. The solar energy system has adequate and permanent access from a town-accepted roadway or state highway. Reasonable accessibility for emergency service vehicles shall be required, and a means of shutting down the solar energy system connection to any utility provider interconnection shall be clearly and sufficiently marked. The applicant shall provide documentation that a public safety preparedness and response plan, detailing the standards, procedures, and communication protocol to be utilized at the facility and in the event of an emergency has been provided to the town's emergency management agency director, and documentation indicating that the plan has been distributed to all fire districts.

(2)

Setbacks. All large-scale solar energy systems shall meet minimum front, side and rear yard setback and buffer requirements in the applicable zoning district, except that any such system built accessory to a commercial or industrial use per section 30-211 (g)(3)a. or accessory to an agricultural use per section 30-211 (g)(3)c. shall not be constructed in any front yard.

(3)

Height. The maximum height of large-scale ground-mounted solar energy systems shall not exceed ten feet unless the zoning board of review finds that there is significant need and/or benefit of allowing an increased height. The height shall be measured from the ground level or the base of the system's pedestal to the highest point of the solar energy system, including the top of any support structure.

(4)

Screening. A vegetated buffer, consisting of deer-resistant evergreen plantings and, where relevant, earthen berms, designed to screen the installation but not impede its solar energy capture efficiency, shall be planted/installed and maintained surrounding the perimeter of the security fence wherever the system would otherwise be visible from a public right-of-way or residentially zoned property. The height of such vegetated buffer shall be at least as tall as the height of the system at planting and at least 1.5 times the height of the system when the plantings reach their full expected height, and at a minimum depth of ten feet. The planning board may also consider how the topography of the site may be used to achieve this objective, and may require taller screening where the topography would make the solar energy system visible from a public right-of-way or residentially zoned property even with the minimum required screening. If it is not possible to screen the solar energy system on site so that it is not visible from any public right-of-way or residentially zoned property, the applicant may enter into an agreement with a neighboring property owner(s) to install screening off site to achieve this objective.

(5)

Security. A fence, of at least six feet in height, shall surround the perimeter of the installation, and be secured from unauthorized entry.

(6)

Land clearing. Forested areas shall not be clear-cut for the purpose of installing solar energy systems and trees shall not be topped. 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 20 percent of the tree and vegetation cover as identified by the RIGIS land use/land cover aerial photo data of 2021. Approval of land clearing beyond 20 percent or the strategic topping of trees shall be advised by the planning board for approval at the discretion of the zoning board of review through the special use permit process based upon consideration of: increasing buffer to neighbors, replanting of trees in other areas on site or in town, creation of a tree bank either on site or elsewhere in town, or any other approved offset to the additional tree clearing. Any discretionary relief deemed appropriate shall not exceed an additional five percent of the tree and vegetation cover as identified by the RIGIS land use/land cover aerial photo data of 2021. In granting any such relief under the special use permit process, the zoning board of review must find that there are physical/geographical limitations on the subject land that would warrant additional tree/land clearing such as wetlands, the slope of the land or other topographical issues that would result in a 20 percent limitation making the solar array unfeasible. The special use permit allowing an additional five percent tree/land clearing shall only be granted on land of ten acres or less.

(7)

Mechanical equipment. All mechanical equipment associated with 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 located and enclosed within structures/fencing to prevent unauthorized access.

(8)

Ground cover. Pollinator plants/flowers or slow growth/no-mow grasses are the preferred treatment versus standard grasses, gravel, crushed stone or the like. However, each application shall be assessed during the development plan review process to determine the most appropriate ground cover.

(9)

Utility connections. No site plan for the installation of a large-scale solar energy facility shall be approved until evidence has been given that the electric utility company that operates the electrical grid where the facility is to be located has been informed of the customer's intent to install an interconnected customer-owned facility, and copies of site plans showing the proposed location have been submitted to the utility for review.

(10)

Signage. No signs are allowed on the security perimeter fencing except for a sign displaying 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.

(11)

Lighting. Lighting of solar energy facilities and appurtenant structures shall be limited to that required for safety and operational purposes.

(12)

Combining or subdividing of lots. The provisions of this article shall apply to all legal lots in the town in existence as of the date of approval of this article. The provisions of this subsection shall continue to apply to any lots that are subsequently combined or subdivided. No combining of or subdividing of existing lots at the time of the approval of this article shall permit the expansion of these provisions to the new lots.

(i)

Required documents for large-scale solar energy systems. Pursuant to G.L. 1956, § 45-23-38, the planning board shall review all large-scale solar energy system plans in accordance with section 30-201, Development plan review. The applicant shall provide the following documents, provided that the planning board may, at its discretion, waive any document requirement as it deems appropriate upon written requests of the applicant. The same documents shall be presented to the zoning board of review for purposes of special use permit approval.

(1)

Class I survey site plan showing:

a.

Property lines and all physical features for the project site;

b.

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting and screening vegetation or structures; and

c.

Calculated area of any proposed ground-mounted solar energy system.

(2)

Blueprints or drawings of the solar energy system showing the proposed layout of the system and any potential shading from nearby structures or vegetation.

(3)

One- or three-line electrical diagrams detailing the solar energy system, associated components and electrical interconnection methods, with all current state electrical code compliant disconnects and over current devices.

(4)

Documentation of the major system components to be used, including the photovoltaic panels, mounting system and inverter.

(5)

Name, address and contact information for proposed system installer, landowner, applicant, agents and/or attorneys representing the project.

(6)

An operation and maintenance plan, including provisions for emergency shutdown and for maintaining contact information for a responsible party for the public and agents of the town to contact with inquiries or concerns throughout the useful life of the system. Such plan shall also provide detailed information regarding any chemicals, solvents or other compounds used to clean or otherwise maintain the solar panels and provide information on their storage, disposal and handling.

(7)

Proof of liability insurance by a carrier licensed in Rhode Island. The certificate shall provide that the insurance shall not be modified or cancelled unless 30 days prior notice is given to the town and that the town is named as an additional insured.

(8)

Description of financial surety that satisfies the requirements of subsection (g)(5).

(9)

Decommission plan for any ground-mounted systems.

(10)

Data and/or mapping sufficient to demonstrate that the proposed large-scale solar energy facility will not be located on a conservation opportunity area as defined herein.

(11)

Data and/or mapping sufficient to demonstrate the boundaries of a previously disturbed site for any proposed large-scale solar energy facility on a previously disturbed site per section 30-211 (g)(3)b.

(j)

Utility notification. No installation of a large-scale solar energy facility shall commence, and no interconnection shall take place until an interconnection agreement pursuant to applicable tariff and consistent with the requirements for other generation has been executed with the utility. Off-grid facilities shall be exempt from this requirement, unless they are proposed to be located within setback distance from the sideline of an existing utility right-of-way.

(k)

Abandonment/decommissioning.

(1)

Abandonment. When a solar energy system has been determined to be abandoned, the zoning official shall issue a notice, sent by certified mail, to the current owner of the property, to remove the solar energy system within 90 days from the date of the notice.

(2)

Decommissioning. Any ground-mounted solar energy system which has reached the end of its useful life shall be removed within 180 days from the date of discontinued operations and the owner shall send notice to the town clerk, planning department, and utility company, by certified mail at least 90 days prior to the expected decommissioning, of the proposed date that the site will be remediated. Decommissioning shall consist of:

a.

Physical removal of all solar energy system structures, equipment, security barriers and transmission lines from the site. The utility company the system is interconnected to must be contacted within 90 days of system de-energization to remove the transmission lines from the site.

b.

Disposal of all solid and hazardous waste in accordance with all federal, state and local laws, regulations and ordinances.

c.

Stabilization or revegetation of the site as necessary to minimize erosion and in compliance with all state and local laws, regulations and ordinances and shall be approved by the Burrillville zoning official or his/her designee.

(3)

Failure to remove. If the owner and operator fail to remove the solar energy system in accordance with the provisions of this section, the town may enter the property and physically remove the solar energy system. The cost of such removal shall be the responsibility of the owner and operator of the solar energy system, using the surety required under subsection (g)(5) and any additional funds that may be needed, and the town will have all rights associated in compliance with the decommissioning agreement, including the recording of a municipal lien against the landowner in the town's land evidence records for all costs associated therewith.

(l)

Sale or transfer of system. The property owner of any ground-mounted solar energy system shall send notice to the town clerk, town planner and utility company, by certified mail, of any change in ownership or management of the system, including all relevant names, addresses, and contact information, no later than 30 days after such change.

(m)

Exemptions. Nothing herein shall preclude the town from installing ground-mounted or other solar energy systems on any town-owned or controlled property regardless of the zoning district.

(Ord. of  2-12-2020(1); Ord. of 8-17-2022(4); Ord. of 2-26-2025(2))

(a)

Establishment of the electric generating facility management overlay zone.

(1)

Purpose. This overlay zone is established to work in conjunction with underlying zoning districts to implement land use development policies contained in the Burrillville Comprehensive Plan. This overlay zone is a set of requirements which are superimposed over the existing electric generating facility as shown on the town's approved zoning map as the designated electric generating facility management overlay zone. This overlay zone establishes reasonable standards in accordance with the following purpose and intent:

• Acknowledge the existing, large scale energy generating uses active within the overlay, and establish reasonable standards for their alteration and enlargement within the overlay.

• Provide the town with a means of ensuring that the impacts of these uses on surrounding neighborhoods are minimized, and that conditions related to pollution, noise, odor, traffic, and other nuisances are improved over time.

• Ensure that these uses are contained within the overlay zone, and not allowed to expand beyond it.

(2)

Applicability. The electric generating facility management provisions and standards supplement those of the applicable underlying zone and other applicable overlay zones. Where the electric generating facility management and base zone provisions conflict, the overlay zone provisions shall control. The overlay zone applies to the properties: East of Sherman Farm Road, West of Douglas Pike, North of West Iron Stone Road all within the Town of Burrillville (currently including: AP 007/002; 024/016; 024/002; 024/003; 024/004; 024/020; 024/005; 025/003; 007/003; 008/001; 025/001; 025/002; 025/004; 025/005; 025/006; 025/007; 025/008; 025/009; 008/002; 024/001).

(3)

Review procedure. All new development, alteration or enlargement of electric generating facilities within the overlay district shall be subject to special use permit procedures as specified in section 30-34, Zoning board of review, (e) Special use permit.

(b)

Allowed uses and special permit criteria.

(1)

Allowed uses. Electric generating facilities are allowed uses in this overlay zone only with the approval of a special use permit and the following criteria. All uses allowed within the underlying zoning district are also allowed per section 30-71, Table 1: Zoning district uses. Electric generating facilities are not allowed in any base zoning district.

(2)

Special permit criteria. The zoning board of review may approve an application for the establishment, alteration or enlargement of an electric generating facility only where it has determined that the following criteria have been met:

a.

Any change to the use or property does not result in an intensification of an existing nuisance for the surrounding neighborhood, whether related to pollution, noise, odor, traffic, or other nuisances; and

b.

Where a new component is proposed for the electric generating facility (such as a "peaker" power plant, energy storage facility, etc.), mitigating changes to the existing uses will be required to improve conditions, whether related to pollution, noise, odor, traffic, or other conditions, that could negatively impact the environment or surrounding communities.

(Ord. of  2-12-2020(1))

Editor's note— Ord. of 2-26-2025(2), adopted Feb. 26, 2025, repealed § 30-213, which pertained to ground-mounted solar energy system moratorium and derived from Ord. No. 12-13-2023(2), adopted Dec. 13, 2023

Each of the following uses is permitted in a specific district to the extent indicated in section 30-71. Zoning district uses, for that use and district, subject to all provisions of the applicable district, and the provisions in this section. Any use below is permitted in the underlying zoning district if it meets all the requirements for that district, meets the specific and objective criteria listed in this section, and receives an approval of a special use permit per the standards of section 30-34(e), special use permit.

(1)

Standards for non-residential uses in residential zoning districts. The standards below apply to any non-residential use permitted as a special use permit in a residential zoning district, in addition to the standards for any particular use per the section 30-215 below. Where there are conflicts with any standards for a particular use per section 30-215 below, the stricter applies.

a.

Retail sales. Any retail sales are clearly subordinate to the primary use.

b.

Hours of operation and deliveries. With the exception of Town of Burrillville services and hospital emergency rooms, no earlier than 7:00 a.m. and no later than 10:00 p.m.

c.

Lighting. Outdoor lighting at the proposed facility must not spill over beyond the site's property lines and should be the minimum intensity necessary to adequately and safely light the facility and its parking lot and access drives.

d.

Outdoor storage, sales and display. Except for town services, commercial nurseries and greenhouses, and agricultural uses, outdoor storage, sales, and display are prohibited.

e.

Parking. Any non-residential use in a residential zoning district will follow the parking requirements of section 30-156. Parking for any special event, class or other such gathering that attracts more than the usual number of customers must be accommodated on site and must not spill over into the surrounding neighborhood unless otherwise permitted by the Town of Burrillville.

f.

Signage. All signage for non-residential uses in residential zoning districts must comply with the standards for signs in residential zoning districts per section 30-157, sign regulations.

(2)

Raising of animals subject to the premises being kept in a humane, sanitary manner; commercial nursery with retail outlet; commercial nursery, orchards, raising of crops for profit; a building or structure to be used for the display and sale of the products produced by the uses allowed herein on the land; the storage of equipment and materials used in and for the agricultural uses permitted in this section.

a.

Setbacks.

1.

No farm animals (livestock, horses, or poultry) are allowed to be housed or permitted to graze within 100 feet of any property line nor in any front yard.

2.

No building or structure other than a dwelling or display and sales area, nor the storage of equipment and materials, is permitted within 75 feet of any property line nor in any front yard.

b.

Waste. All animal waste should be properly stored and disposed of in a manner to maintain sanitary and nuisance-free conditions. Manure should be removed from the site or composted. Any compost piles must be located a minimum of 200 feet from a lot line and any areas where manure is stored or composted must be visually screened from dwellings on adjacent lots.

c.

Sales for commercial agriculture. The sale of farm produce raised on the lot is permitted as an accessory use to any commercial agriculture use provided:

1.

The indoor display and sales area is limited to one building or structure not to exceed 200 square feet in area. Additional display and sales areas are allowed outdoors.

2.

Provision is made for at least two off-street parking spaces.

d.

Sales for commercial nurseries. The sale of garden produce and nursery stock raised on the lot is permitted as an accessory use to any commercial nursery use, provided:

1.

Provision is made for at least one parking space for every 1,000 square feet of indoor sales area.

e.

See section 30-214(1), standards for non-residential uses in residential zoning districts.

(3)

Kennels, riding stables or academies.

a.

Minimum lot area. A minimum lot area must be five acres for riding stables or academies and three acres for kennels, with the exception that kennels serving only domestic cats need only meet the minimum lot size required by the applicable zoning district on which they are located.

b.

Setbacks. Open exercise areas and buildings containing animals must be a minimum of 100 feet from any property line, with the exception of the following:

1.

Kennels serving only domestic cats need only meet the minimum setbacks required by the applicable zoning district on which they are located.

2.

A building that is sufficiently soundproof so as not to create a nuisance to adjoining property owners or the general public, and that has no outdoor area for animals, may meet a 50-foot setback from any property line. Documentation of soundproofing must be provided with any application.

c.

Outdoor exercise areas. Outdoor exercise areas must be enclosed by a fence at least five feet in height and such areas must always be maintained in a sanitary and odor-free condition.

d.

Animal waste. All animal wastes must be properly stored and disposed of. Manure and other animal waste must be removed from the site or must be composted in enclosed bins, which must not be stored within 100 feet of a lot line. Areas where manure or other animal waste is stored or composted must be visually screened from dwellings on adjacent lots.

e.

See section 30-214(1), standards for non-residential uses in residential zoning districts.

(4)

Mixed use building. See section 30-159 for additional criteria related to mixed use buildings.

(5)

Multifamily dwelling.

a.

Water and sewer service. Public sewer and water systems must be available and used and must be connected to the dwellings before a certificate of occupancy can be issued.

b.

See section 30-204 for additional criteria related to multifamily dwellings.

(6)

Congregate living facility or assisted living domicile, rest home or nursing home.

a.

Minimum lot area per dwelling unit. The minimum respective lot area per dwelling unit is as follows:

1.

Congregate living. 5,500 square feet per dwelling unit.

2.

Assisted living. 3,000 square feet per dwelling unit.

3.

Rest home or nursing home. 1,500 square feet per patient accommodation or bed or three acres, whichever is greater.

b.

Setbacks. No building containing a dwelling unit or related facilities may be located within 75 feet of any property line or within 150 feet of any existing residential structure in an F-5, F-2 or R-40 zone, except in the case of areas of the site that contain individual, single unit dwellings when the setback may be reduced to the required setback for the underlying zone for this area of the site. This section does not supersede other, more restrictive requirements and standards of the zoning ordinance.

c.

Minimum floor area. The minimum floor area for dwelling units is as follows:

1.

Congregate living. 400 square feet per dwelling unit.

2.

Assisted living. 300 square feet per dwelling unit.

d.

Detached accessory structures. Detached accessory structures shall be separated from any other building by a minimum of ten feet.

e.

Water/sewer service. Public sewer and water systems must be available and used and must be connected to systems before a certificate of occupancy can be issued.

f.

Utilities. Utilities must be placed underground.

g.

Signage. A comprehensive plan for directional signage shall be provided to assure that major pathways connect housing with on- and off-site activities such that visitors and residents can easily orient themselves.

h.

Parking. Clearly demarcated and direct pedestrian routes should extend from any onsite parking areas and public frontage sidewalks to building entrances.

i.

Emergency vehicles. Adequate space shall be provided for the ingress, egress, and parking for emergency vehicles, such that emergency personnel can easily and safely reach their patients.

(7)

Inn or bed and breakfast.

a.

Occupants. There must not be more than 16 occupants at any one time, including the property owner and any other permanent residents. In the R-12 zoning district, there must not be more than 12 occupants.

b.

Exterior evidence. There is to be no exterior evidence of the activity other than a sign permitted per section 30-157 and the required parking per section 30-156.

c.

Location of guest rooms. Guest rooms may be located in the principal building and/or up to one accessory building.

d.

Length of stay. No guest may be registered for more than 21 consecutive nights.

e.

Registration records. The owner is to maintain a guest register and retain registration records for a minimum of three years. The register and all records are to be made available for inspection by the zoning official or designee.

f.

Parking. All required parking must be accommodated on site.

(8)

Halfway house, residential treatment facility.

a.

Minimum lot area. 20,000 square feet in the R-12 zoning district.

b.

Residential density. The lot shall contain at least 1,500 square feet for each resident of the facility at full capacity.

c.

Parking. Notwithstanding the provisions of section 30-156, the minimum number of off-street parking spaces provided is to be one space for each staff member plus one space for each of the three adult residents. Additional parking spaces may be required by the zoning board of review through the special use permit process based upon the nature of the specific facility.

d.

Non-resident services. A facility may provide counseling services to non-residents as well as residents provided that the facility includes a separate waiting area and separate meeting room for such non-resident services. Parking for non-resident counseling services shall be provided in accordance with the requirements of section 30-156.

e.

Room/apartment standards. Residents and their dependents must be housed in rooms and/or apartments. Each room or apartment must have its own kitchen facilities unless the residential counseling facility contains a common kitchen adequate to prepare and serve meals for all residents.

f.

Staff. A staff member must be on-site at the residential facility at all times.

(9)

Bathing beach; golf practice range or golf course (regulation 9 or 18 holes); swimming pool, commercial or municipal; other outdoor commercial recreation.

a.

Setbacks. Proximity of any active recreation portion of the site to any residential structure existing at the time of application for a special use permit (other than a dwelling occupied or owned by the applicant) must not be less than 100 feet.

b.

Motorized vehicles. No motorized vehicles may be used for competitive or exhibition purposes.

c.

Buffer. A landscaped buffer area of 25 feet in width must be provided between these recreation uses and any abutting residential property.

d.

See section 30-214(1), standards for non-residential uses in residential zoning districts.

(10)

Commercial picnicking area, overnight or family camping areas.

a.

Minimum lot area. There shall be a minimum lot area of ten acres.

b.

Setbacks. No building or campsite shall be located within 100 feet of any property line.

c.

Large recreational vehicles. Campsites for recreational vehicles over 20 feet in length shall be grouped in an area separate from other campsites.

d.

Campground roads. Campground roads shall have a minimum width of ten feet per travel lane and shall be readily traversable with a well-drained surface.

e.

Roads for recreational vehicles. Roads to be used by recreational vehicles over 20 feet in length shall have a minimum internal radius of 60 feet.

f.

Turnarounds. Turnarounds shall be provided for all dead-end roads over 100 feet in length and those to be used by recreational vehicles over 20 feet in length shall have a minimum internal radius of 60 feet.

g.

Water and sewage; electrical systems; and fire safety. Water supply, sanitary conveniences and sewage facilities; electrical systems (if provided); and fire safety features shall be provided in accordance with the most recent Standards for Recreational Vehicle Parks and Campgrounds of the National Fire Protection Association.

h.

Residence. Within the camping area, one dwelling unit may be permitted for the residence of the camping area owner or operator.

i.

Retail sales. Within the camping area, the sale of camp supplies and a snack bar are permitted accessory uses provided they do not exceed a total of 500 square feet of floor area and they are used only by persons using the camping area.

j.

See section 30-214(1), standards for non-residential uses in residential zoning districts.

(11)

Drive-in theater.

a.

Minimum lot area. The minimum lot area must be five acres.

b.

Setbacks. All structures and outdoor activities must be located a minimum of 100 feet from any property line.

c.

Height. The maximum height of any structure must not exceed that allowed in the underlying zone, except where for each additional foot of setback from all property lines an additional foot of height may be achieved on a drive-in theater screen to a maximum of 50 feet.

d.

Lighting. Outdoor lighting at the proposed theater, including any lighting from a projector or screen, may not spill over beyond the site's property lines and will be the minimum intensity necessary to adequately and safely light the event area, including any parking lots and access drives.

e.

Access/egress. Provide enough off-street stacking of cars to accommodate peak traffic.

(12)

Clubs, lodges, social and community center buildings provided that they are nonprofit organizations (subject to development plan review).

a.

Minimum lot size. In the R-12 zoning district, the minimum lot size for a club, lodge, social or community center building is 15,000 square feet.

b.

Accessory outdoor facilities. Outdoor facilities other than parking, such as, but not limited to, swimming pools, tennis courts, and putting greens are permitted as accessory uses, provided the minimum lot area is five acres. Such uses are subject to a landscaped buffer area of 25 feet in width between any abutting residential property.

c.

Setbacks. In the F-5 and R-12 zoning districts, all buildings or outdoor facilities other than parking must not be located within 100 feet of any property line.

d.

See section 30-214(1), standards for non-residential uses in residential zoning districts.

(13)

Day care center or nursery school.

a.

Setbacks. No building may be located within 50 feet of any property lot line, except in non-residential districts, where the required setbacks of the respective zone apply.

b.

Outdoor play space. A graded and suitably fenced play area, including a minimum of 75 square feet of play space for each child who would be using the play area at any one time, must be provided. The minimum required play area must be free of hazards and regulated wetland soils and provide a suitable play surface. Active play areas, defined as areas containing playground equipment, including but not limited to swings and other apparatus, must not exceed one percent in grade.

c.

Buffers. A landscaped buffer area must be provided within all boundaries of a lot as follows:

1.

Residential Districts: 25 feet.

2.

Commercial Districts: 25 feet.

3.

Industrial Districts: 50 feet.

The buffer area will be designed to mitigate impacts to and from adjacent uses, particularly in cases where facilities are located in commercial and industrial districts. This buffer requirement is typically applied to the portion of the site dedicated to child care use, including such items as play area(s). The play area or areas shall not be located within the designated buffer area.

d.

Access. The applicant will accommodate all pedestrian and vehicular traffic to and on site and must provide an acceptable area for dropping off children on site.

e.

See section 30-214(1), standards for non-residential uses in residential zoning districts.

(14)

Elementary or secondary school, junior college or university (subject to development plan review).

a.

Lot coverage. Lot coverage must not exceed 15 percent of the lot area, except for colleges and universities which are subject to the standards of the underlying zoning district.

b.

Circulation. Bus and other vehicular drop off areas should be separated from one another and designed and located to minimize traffic congestion and to promote pedestrian safety using pavement markings, signs, and designated walkways.

c.

Minimum lot area. There shall be a minimum lot area of five acres.

d.

Building setbacks. In the F-5, F-2, R-40, R-20, and R-12 zoning districts, any building must not be located within 75 feet of any side or rear property line. In the VC and GC zoning districts, any building must not be located within 30 feet of any side or rear property line.

e.

Active outdoor area setbacks. Any playground, field, outdoor classroom or other actively used outdoor space must not be located within 50 feet of any property line.

f.

See section 30-214(1), standards for non-residential uses in residential zoning districts.

(15)

School conducted as a private gainful business for teaching such subjects as dancing, singing, music. See section 30-214(1), standards for non-residential uses in residential zoning districts.

(16)

Hospital and health clinic (subject to development plan review).

a.

Lot area. There must be a minimum lot area of five acres for hospitals and 60,000 square feet for health clinics.

b.

Emergency entrance. Public parking areas should be separated from the emergency entrance area.

c.

Setbacks. Any building must not be located within 75 feet of any property line. Any generator or laundry facility must not be located within 100 feet of any property line.

d.

Parking. All parking must be located in the side or rear yards.

(17)

Telephone exchange or electric power substation, provided no business activity is connected therein.

a.

Setbacks and screening. As stipulated below based on the size of the structure.

1.

Small structures between two feet and eight feet in height.

i.

No setbacks are required.

ii.

Screening or landscaping around the structure is required.

2.

Medium structures over eight feet in height and 1,500 square feet or less.

i.

Must meet setbacks for underlying zoning district.

ii.

Screening or landscaping around the structure is required.

iii.

A curb cut and designated parking area should be provided if no on-street parking is available.

3.

Larger facilities/buildings.

i.

Provide a setback of 100 feet to the property line if the facility is in or adjacent to residential districts.

ii.

Parking must be provided to adequately serve the intended use of the facility or building, as determined by the zoning official.

b.

See section 30-214(1), standards for non-residential uses in residential zoning districts.

(18)

Telecommunications antennas and towers.

a.

See section 30-207 for criteria related to telecommunications antennas and towers.

b.

See section 30-214(1), standards for non-residential uses in residential zoning districts.

(19)

Principal solar energy systems. See section 30-211 for criteria related to principal solar energy systems.

(20)

Energy storage facility.

a.

Utility lines and electrical circuitry. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way.

b.

Signage. The signage shall be in compliance with ANSI Z535 and shall include the type of technology associated with the battery energy storage systems, any special hazards associated, the type of suppression system installed in the area of an energy storage facility, and 24-hour emergency contact information, including reach-back phone number. Disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.

c.

Lighting. Shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.

d.

Vegetation and tree cutting. Areas within ten feet on each side of an energy storage facility shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted to be exempt provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent possible.

e.

Fencing. An energy storage facility, including all mechanical equipment, shall be enclosed by a seven-foot-high fence with a self-locking gate to prevent unauthorized access unless housed in a dedicated-use building and not interfering with ventilation or exhaust ports.

f.

Screening and visibility. An energy storage facility shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area and not interfere with ventilation or exhaust ports.

(21)

Indoor commercial recreation.

a.

Accessory facilities. Indoor commercial recreation facilities in the LI and GI districts may include related accessory retail sale of items directly related to the principal use, so long as the floor space of these retail services does not exceed 20 percent of the total floor area of the building.

b.

Co-location with industrial uses. Indoor commercial recreation facilities, when located in the LI or GI districts and in a building or complex that also includes industrial uses, are subject to the following conditions:

1.

The applicant must accommodate all pedestrian and vehicular traffic to and on site and provide an acceptable area for dropping people off on site. To the extent possible, parking stalls dedicated to the public must be located to preclude pedestrian crossing of interior drives.

2.

Clearly demarcated and direct pedestrian routes should extend from any public sidewalks to any sidewalks or pedestrian ways that front on-site buildings and along driveways.

(22)

Drive-in restaurant.

a.

Location on-site. Drive through facilities, including required stacking lanes, must be located in the rear or side yards only.

b.

Curb-cuts. Drive-through facilities must not generate the need for an additional driveway curb cut.

c.

Minimum lot size. 20,000 square feet.

d.

Stacking spaces. A minimum of ten stacking spaces entering and one stacking space exiting must be provided for each drive through window, including the vehicle being serviced.

e.

Size. Stacking lanes must be a minimum of ten feet wide and 20 feet long.

f.

Circulation. Stacking lanes should be separate from internal aisles which allow traffic to circulate through the site without entering the drive-through facility.

g.

Exiting space. Exiting stacking space must be separate from other circulation aisles and must be at least 50 feet from the curb line of the street to which they will exit.

h.

Traffic/pedestrian circulation. Stacking lanes should be designed and located to minimize traffic congestion and to promote pedestrian safety using pavement markings, signs, and designated walkways.

(23)

Mortuary or funeral home. See section 30-214(1), standards for non-residential uses in residential zoning districts.

(24)

Radio or television studio. See section 30-214(1), standards for non-residential uses in residential zoning districts.

(25)

General automotive repair.

a.

Vehicular access. Vehicular access into the building should be positioned so as not to be visible from the public way.

b.

Repair activities. Limited repair activities must be conducted within the principal building.

c.

Location. When located in a shopping center or co-located with a group of commercial structures on the same lot, the use should be located to the side or rear of these commercial buildings.

d.

Storage. All materials must be stored within the building. Vehicles that are not actively under repair or vehicles that are used as a source for parts must not be stored on the site.

(26)

Carwash.

a.

Minimum lot size. For self-service type facilities: 25,000 square feet. For automatic facilities: 35,000 square feet.

b.

Automobile access. Automobile access into the building should be positioned so as not to be visible from the public way.

c.

Water recycling. Water should be recycled on site.

d.

Stacking spaces. Adequate vehicle stacking space must be provided for all carwash facilities. For self-service facilities: minimum of three vehicles per bay at the entrance and one vehicle per bay at the exit. For automatic washing facilities: minimum of five vehicles per bay at the entrance and two vehicles per bay at the exit, or one vehicle per bay at the exit if the facility includes automatic drying and no additional manual services past the exit.

e.

Water and sewer. Public water and sewers must be provided to the facility.

f.

Building surfaces. Building surfaces should be faced with impact resistant materials such as brick or other masonry surfaces.

g.

Vacuuming facilities. Vacuuming facilities may be outside the building but must not be located within the front yard and must meet setback requirements if adjacent to a residential district.

h.

Storage. All storage must take place indoors, and any work materials such as racks, towels, etc. used outdoors during business hours must be moved indoors during non-business hours.

i.

Waiting areas. All non-self-service facilities must have a safe waiting area for patrons, separated from the stacking lanes and work areas.

(27)

Recreational trailer sales and service.

a.

Inventory location. Inventory must not be located on any required parking area or in the public right-of-way.

b.

Pedestrian access. Pedestrian access to outdoor display areas shall be clearly delineated and separated from any traffic flow or movements on the property either by permanent walls, barriers or vegetation; or removable barriers that can create a safe barrier between pedestrians and vehicles.

c.

Storage. Storage shall be either on the side or rear of the building.

(28)

Open storage of sand and gravel.

a.

Buffer. A landscaped buffer area of 50 feet in width must be provided between such use and any abutting residential property.

b.

Setbacks. Any open storage area must be located no less than 100 feet from any abutting residentially zoned property.

c.

Road maintenance. All roads accessing and within the site shall be treated to minimize dust conditions.

(29)

Sawmill.

a.

Buffer. A landscaped buffer area of 50 feet in width must be provided between such use and any abutting residential property.

b.

Setbacks. Any structure used for milling operations must be located no less than 100 feet from any abutting residentially zoned property.

(30)

Storage of flammable material.

a.

Fire safety. All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety devices against fire and explosion and adequate fire-fighting and fire-suppression devices and equipment, as approved by the local fire marshal.

b.

Federal standards. The applicant must demonstrate compliance with the standards for fire protection and prevention for flammable liquids and other materials per CFR § 1926, Safety and Health Regulations for Construction.

(31)

The manufacture or compounding of hazardous materials as defined in G.L. 1956, § 23-19-1 et seq., and similar processes of manufacture and compounding; bus, truck and heavy equipment repair; laundry or dry cleaning plant.

a.

Containment. Hazardous materials must be stored within an impermeable containment area which is capable of containing at least 110 percent of the volume of the largest container of hazardous material present in such an area or ten percent of the total volume of all such containers in such area, whichever is larger, without overflow of released hazardous material from the containment area. Containment measures may include dikes, sumps, doorway lips, or similar structures to inhibit the ability of spilled material to pass through the opening.

b.

Floor drains. Floor drains are not allowed in areas where hazardous materials are sold, used, or stored unless the site design shows specific compliance with the following:

1.

Floor drains must connect to the sanitary sewer system or to an on-site holding tank or tanks when the discharge contains petroleum-based oil, grease or other harmful or hazardous substances. Such tanks must have a 1,000-gallon minimum capacity and be installed in accordance with RCSA § 22a-449(d)-1.

2.

Interceptors and separators must be provided when floor drains connect to the sanitary sewer system.

3.

Floor drains must not be connected to a stream or other water body, storm sewer, storm drainage system or a storm building drain.

4.

Floor drains must have trap seals.

5.

Floor drains that only accept animal fecal waste and first discharge into a settling tank prior to release into an onsite wastewater treatment system may be allowed.

c.

Loading/transfer areas. Any area that may be used for transfer of hazardous materials must be designed to prevent contaminated storm water runoff and ground water intrusion. Such loading docks (excluding those that allow a vehicle to enter the building) must be protected with a permanent roof or other structure that protects the loading dock from direct rainfall. Depressed loading docks or other sub-grade facilities must be designed to ensure that hazardous materials are properly collected and disposed of, using appropriate technology such as oil-water separators, subsurface tight tanks, or equivalent. Such tanks must have a 1,000-gallon minimum capacity and be installed in accordance with RCSA § 22a-449(d)-1.

d.

Security. Hazardous materials must be stored in an area that is secured against unauthorized entry by the public.

e.

Odor. No such use shall cause or permit the emission of any substance or combination of substances which creates or contributes to an odor, in the ambient air, that constitutes a nuisance, so as to significantly impair the reasonable use of any other property.

f.

Air emissions. Air emissions shall be treated in a manner that prevents any nuisance or hazard to neighboring uses. Nuisance from emissions may include, but is not limited to, soiling of the ground or building surfaces, or damage or death of vegetation. Hazards from emissions may include, but are not limited to, particulates inhaled by people that may be harmful to their health.

g.

Flammable and explosive materials. All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety devices against fire and explosion and adequate fire-fighting and fire-suppression devices and equipment, as approved by the local fire marshal.

h.

Vibration. No vibration that is detectable without instruments at a lot line should be transmitted outside of the lot where it originates, except vibration necessarily involved in the construction or demolition of buildings and structures.

i.

Heat. Heat, defined as thermal energy of a radiative, conductive or convective nature, emitted at the lot line by any use or facility shall not exceed the temperatures tolerable to plant or animal life.

j.

Other requirements. Requirements for hazardous materials are intended to supplement and not to supersede any other applicable requirements of federal, state or local law.

(32)

Mining, quarrying, gravel pits and loam stripping.

a.

Drilling. All drilling must be done by the wet drilling method or by any other method of equivalent effectiveness for dust control.

b.

Road maintenance. All roads accessing and within the site shall be treated to minimize dust conditions.

c.

Grade. Mining and quarrying which will reduce the area below the grade of the lowest adjoining property or road is prohibited, except along the boundary line with a licensed adjoining mine or quarry, in which case, the grade of the area cannot be below the grade of the adjoining mine or quarry at the boundary line. No mining or quarrying shall be permitted which will endanger the lateral support of abutting properties or roads. A minimum leveled (or natural) buffer area of 50 feet shall be provided between any mine or quarry boundary line (except boundary lines between adjacent licensed mines or quarries) and the commencement of the slope.

d.

Setbacks. No buildings, equipment, mining or quarry products or other materials shall be erected or stored within a distance of 50 feet of any mine or quarry boundary line.

e.

Signs. Signs shall be maintained at all entrances or exits of the mined or quarried premises, indicating the name and address of the licensee and that the business being conducted is a licensed mine or quarry operation.

f.

Dust control. Where conveyors discharge materials of less than one inch in diameter onto stockpiles of such material, and where the free and uncontained fall of the material being stockpiled from the conveyor to the highest point of the stockpile shall exceed a distance of six feet, a high-pressure water mist spray must be directed on the material as it falls from the conveyor to the stockpile in such manner as to reduce the accumulation and dissemination of dust. All crushing and processing of mine and quarry materials shall be conducted by use of wet method of dust control or by local exhaust systems of equivalent effectiveness.

g.

Landscape buffer. Whenever the licensed premises abuts a public street or road, a solid and continuous landscape buffer shall be planted and maintained.

h.

Maintenance. The licensee shall be responsible for the prompt removal of any trash, unused machinery or vehicles or graffiti placed in the mine or quarry, and shall maintain the licensed premises at all times in a reasonably neat and orderly condition.

(33)

Boat storage or repair.

a.

Location of storage. Outdoor storage areas must be set back 100 feet from the front lot line, and 50 feet from all other property lines.

b.

Screening. Outdoor storage areas shall be screened from any public roadway or any abutting residential use with a solid fence or wall that is six feet tall.

c.

Repairs and maintenance. Any repair or routine maintenance must be conducted inside a building or under a structure.

(34)

Compassion center; non-residential cooperative cultivation; primary caregiver cultivation. See section 30-162 for criteria related to medical marijuana uses.

(35)

Cannabis retailer, hybrid cannabis retailer, cannabis cultivator, cannabis product manufacturer, and cannabis testing laboratory. See section 30-165 for criteria related to cannabis establishments.

(Ord. No. 12-13-2023(2))

(a)

Permitted use. Adaptive reuse for the conversion of any commercial building, including offices, schools, religious facilities, medical buildings, and malls into residential units or mixed-use developments is a permitted use, under the criteria described below under eligibility.

(b)

Eligibility.

(1)

Adaptive reuse development must include at least 50 percent of existing gross floor area developed into residential units.

(2)

There are no environmental land use restrictions recorded on the property preventing the conversion to residential use by RIDEM or the US EPA.

(c)

Density calculations.

(1)

For projects that meet the following criteria, the residential density shall be no less than 15 dwelling units per acre:

a.

Where the project is limited to the existing footprint, except that the footprint is allowed to be expanded to accommodate upgrades related to the building fire code and utility requirements; and

b.

The development includes at least 20 percent low- and moderate-income housing; and

c.

The development has access to public sewer and water service or has access to adequate private water, such as well and/or wastewater treatment systems approved by the relevant state agency for the entire development as applicable.

(2)

For all other adaptive reuse projects, the residential density permitted in the converted structure shall be the maximum allowed that otherwise meets all standards of minimum housing and has access to public sewer and water services or has access to adequate private water, such as well and wastewater treatment systems approved by the relevant state agency for the entire development, as applicable.

(3)

The density proposed for any adaptive reuse project shall be determined to meet all public health and safety standards.

(d)

Dimensional requirements.

(1)

Notwithstanding any other provisions of this section, existing building setbacks shall remain and are considered legal nonconforming.

(2)

No additional encroachments shall be permitted into any nonconforming setback unless relief is granted by the permitting authority.

(3)

Notwithstanding other provisions of this section, the height of the structure shall be considered legal nonconforming if it exceeds the maximum height of the zoning district in which the structure is located. Any rooftop construction necessary for building or fire code compliance, or utility infrastructure is included in the height exemption.

(e)

Parking requirements.

(1)

Adaptive reuse developments shall provide one parking space per dwelling unit. However, the applicant may propose additional parking in excess of one space per dwelling unit.

(2)

All non-residential uses shall comply with the parking requirements of section 30-156.

(f)

Allowed uses within an adaptive reuse project.

(1)

Residential dwelling units are a permitted use in an adaptive reuse project regardless of the zoning district in which the structure is located, in accordance with the provisions of this section.

(2)

Any non-residential uses proposed as part of an adaptive reuse project must comply with the provisions of section 30-71, zoning district uses, for the zoning district in which the structure is located.

(g)

Procedural requirements.

(1)

Adaptive reuse projects shall be subject to the procedural requirements for major land development, minor land development, or development plan review according to the standards of the Town of Burrillville Subdivision and Land Development Regulations, as amended. The administrative officer shall decide whether an adaptive reuse project will go through development plan review or minor land development or whether the project meets the threshold for major land development and shall advise the applicant as to which category of approval is required, specifically:

a.

Development plan review may apply to any adaptive reuse project: located in a commercial zone where no extensive exterior construction of improvements is sought; or located in a residential zone which results in less than nine residential units.

b.

Minor land development may apply to any adaptive reuse project: of up to 25,000 square feet of gross floor area located in a commercial zone where no extensive exterior construction of improvements is sought; or located in a residential zone which results in less than nine residential units.

c.

Major land development applies to any adaptive reuse project that exceeds the thresholds for development plan review or minor land development.

(2)

In addition to the checklist requirements for the applicable review process, the applicant shall provide the following information:

a.

The proposed residential density and the square footage of non-residential uses.

b.

A floor plan to scale for each building indicating, as applicable, the use of floor space, number of units, number of bedrooms, and the square footage of each unit.

(Ord. No. 12-13-2023(2); Ord. of 8-14-2024(1))

(a)

Unified development review established. There shall be unified development review for the issuance of variances and special use permits for properties undergoing review by development plan review and/or land development or subdivision review.

(b)

Public hearing. All land development and subdivision applications and development plan review applications that include requests for variances and/or special-use permits submitted pursuant to this section, shall require a public hearing that meets the requirements of G.L. 1956, § 45-23-42(b).

(c)

In granting requests for dimensional and use variances, the planning board shall be bound to the requirements of section 30-34(d)(4) relative to entering evidence into the record in satisfaction of the applicable standards.

(d)

In reviewing requests for special use permits the planning board shall be bound to the conditions and procedures under which a special use permit may be issued and the criteria for the issuance of such permits, as found within the zoning ordinance section 30-34(e)(4), and shall be required to provide for the recording of findings of fact and written decisions as described in the zoning ordinance pursuant to section 30-34(e)(3).

(e)

Appeals. An appeal from any decision made pursuant to this section may be taken pursuant to G.L. 1956, § 45-23-71.

(Ord. No. 12-13-2023(2))