The farm overlay district (FOD) is a floating zone per R.I. Gen. Laws § 45-24-31(28) which may be applied with the consent of the town council and Town Administrative Officer in the districts, if the parcel or parcels meet the eligibility requirements listed in section 7(a).9, "Eligibility."

(Ord. of 7-7-2025(1))

The purpose of this section is to preserve, protect and maintain the quality and quantity of groundwater supply and groundwater recharge areas of the Town of Exeter. This groundwater is the primary existing and future water supply source for the town. The groundwater reservoirs that underlie Exeter are unique and valuable resources. These groundwater reservoirs are vulnerable to contamination due to their unconfined condition, closeness to the ground surface, and the permeability of the overlying soils. It is the intent of this section [article] to protect the health, safety and welfare of the public.

A.

Aquifer. A saturated, permeable, geological formation that can yield significant quantifies of water to wells, springs or surface water bodies.

B.

Primary protection zone. Those areas designated as the primary protection zone on the map entitled, "Groundwater Protection Plan, Town of Exeter, Washington County, Rhode Island."

C.

Glacial deposits. The boulders, rocks, gravel, sand, silt and clay that overlie and generally conceal the bedrock.

D.

Groundwater. Water found underground which completely fills the open spaces between particles of sand, gravel, clay, silt and consolidated rock fractures.

E.

Groundwater Protection Act. G.L. 1956, § 46-13.1, passed in 1985 and heretofore amended. This law establishes a policy of maintaining and restoring groundwater quality in Rhode Island for potable water.

F.

Groundwater classification. A program developed under the 1985 Groundwater Protection Act that authorizes the RIDEM to classify groundwater sources into four categories (GAA, GA, GB and GC):

1.

Class GAA: Suitable for public drinking water supply without treatment, and delineated as the critical portion of the recharge area to the groundwater reservoirs, and the 2,000-foot radius circle around community water supply wells.

2.

Class GA: Suitable for public or private drinking water supply without treatment, but does not meet GAA delineation criteria.

3.

Class GB: Unsuitable for public or private drinking water supply without treatment, due to known or presumed degradation.

G.

Groundwater recharge. A process through which precipitation on surface water infiltrates and drains to the zone of saturation.

H.

Groundwater reservoir. Those stratified drift deposits having a saturated thickness greater than or equal to 40 feet and a transmissivity greater than or equal to 4,000 square feet per day and can yield significant amounts of groundwater.

I.

Impervious. That area of a lot that is impenetrable by surface water because it is covered by pavement, principal and accessory buildings, etc.

J.

Stratified drift. A glacial deposit consisting of interceded lenses of stratified and sorted gravel, sand and silt.

K.

Till. A glacial deposit consisting of a poorly sorted mixture of boulders, gravel, sand, silt and some clay.

L.

Water table. The upper surface [water] or groundwater in the zone of saturation.

M.

Zone of saturation. That subsurface area below the water table where gravel, sand, silt or clay pore spaces are completely filled with water.

N.

Transmissivity. A measure of the ability of an aquifer to transmit a fluid.

O.

Hazardous materials. A product or waste, or combination of substances, that because of quantity, concentration or physical or chemical or infectious characteristics, poses, in the zoning board's judgement a substantial present or potential hazard to human health, safety or welfare, or the environment when improperly treated, stored, transported, used or disposed of or otherwise managed. Any substance deemed a hazardous waste or material under applicable federal or state law shall also be deemed a hazardous material for this section. Toxic or hazardous materials include organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalies, and include products such as pesticides, herbicides, solvents, fuels and thinners.

P.

Best management practices (BMP). Means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices designed to prevent or reduce the degradation of the town's groundwater to the maximum extent possible.

Q.

Underground storage tank. Means any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of petroleum product or hazardous material, and the volume of which (including the volume of the underground pipes connected thereto) is ten percent or more beneath the surface of the ground.

A.

The primary protection zone is defined on the map entitled, "Groundwater Protection Overlay District Map, Town of Exeter, Washington County, Rhode Island, dated December 12, 1995," at a scale of one inch equals 2,000 feet. This map is filed with the town clerk of the Exeter town hall.

B.

The line indicating the primary protection zone is shown on the map entitled, "Groundwater Protection Overlay District Map, Town of Exeter, Washington County, Rhode Island, dated December 12, 1995" at a scale of one inch equals 2,000 feet. This line is the outer boundary of the groundwater recharge area on the map entitled, "Town of Exeter Resources Mylar Overlay Mylar," dated February 9, 1989, at a scale of 1:24,000.

C.

When the boundaries of the district are in doubt or in dispute, resolution of the dispute shall be through an application, accompanied by adequate documentation to the Exeter planning board. The burden of proof shall be upon the owner(s) of the land in question to verify the location of the boundary. At the request of the owner(s), the town may engage a professional civil engineer, hydrologist, geologist or soil scientist to more accurately determine the boundaries of the district with respect to individual parcels of land. The town shall charge the owner(s) for part or all of the costs associated with this study and investigation.

Prohibited use and uses that require a special use permit are defined in the zoning use table in article II, section 2.4.

A.

An applicant proposing a use specified in the zoning use matrix as requiring a special use permit must apply to the zoning board of review under the provisions of article I, section l.3.F. The applicant for a groundwater protection district special use permit must prove by clear, convincing and scientifically valid evidence that the proposed use will not result in concentrations of pollutants in the groundwater that will adversely affect the groundwater as a source of potable water. After reviewing the application for a groundwater protection district special use permit, the Exeter zoning board shall either:

1.

Approve the application;

2.

Deny the application;

3.

Approve the application with conditions; [or]

4.

Request additional information.

B.

Before review of a special use permit application, the applicant must show evidence of applicable state approval for storage of hazardous materials and petroleum products and for the disposal of waste products.

C.

The applicant for a special use permit shall, at [a] minimum, conform to the following performance and design standards, unless an alternative is proposed that meets the same objective as the standard[s] specified below. The town may specify additional design, construction and operation standards.

D.

Performance and design standards:

1.

Interior floor drains designed to allow fluid from any interior space to be discharged into or onto the ground shall be prohibited; provided, however, that such interior floor drains may be permitted if designed to empty into an aboveground storage tank capable of completely containing anticipated flows. Such tanks, if provided, shall also be subject to containment provisions of this section.

2.

Storage of hazardous materials and petroleum products shall be located within a building unless it is decided that indoor storage will not meet fire safety standards. The indoor storage shall be within a containment structure that meets the following standards:

a.

Constructed in a way that prevents the release of hazardous material and petroleum products and constructed of such materials that are impermeable and compatible to the materials being contained;

b.

The containment structure shall, at a minimum be designed to contain the following volumes:

i.

For aboveground storage tanks, 100 percent of the capacity of the largest tank; [and]

ii.

For individual containers, e.g., drums, ten percent of the total volume of the containers or the volume of the largest container.

3.

Exterior storage of petroleum products or hazardous materials shall be located in a containment structure that meets the following standards:

a.

An impermeable base and surrounding dike. Such base and dike shall be constructed of material that is impermeable and compatible with the material being contained.

b.

The containment structure shall, at minimum, be designed to contain the following volumes:

i.

For aboveground storage tanks, 100 percent of the capacity of the largest tank; [and]

ii.

For individual containers, e.g., drums, 100 percent of the total volume of the containers, or the volume of the largest container.

c.

The containment structure shall be protected by a roof and adequate sides to prevent exposure to precipitation.

4.

Drums and storage containers shall be fitted with secure lids to prevent spills or leaks; storage as full as possible to prevent vapors and the chance of an explosion; drip pans shall be placed under spigots.

5.

Storage areas shall be inspected monthly, and records of such inspections shall be maintained on-site and available for review.

6.

Containers and tanks shall be clearly labeled.

7.

Hazardous materials generation and storage areas shall be clearly marked.

8.

Venting systems for evaporation or other type of discharge to the atmosphere of hazardous materials shall be designed with a recovery system to prevent the release of contaminated condensate or drips.

9.

Areas used for loading and transferring hazardous materials and petroleum products shall have an impermeable surface and a dike to contain accidental spills or leaks.

10.

Dumpsters used to store solid wastes shall be covered or located within a roofed area and have drain plugs intact.

E.

Submission requirements:

1.

Submit a groundwater protection plan, including the following sections as applicable:

a.

Hazardous materials and petroleum product management. The proper management and housekeeping of hazardous materials and petroleum products shall be clearly outlined in the plan as follows:

i.

A complete list and the maximum quantity of all hazardous materials and petroleum products to be handled or stored on the premises at any time;

ii.

Evidence of a qualified professional supervision in the design, installation, operation and maintenance of facilities or containers to be used for the handling or storage of hazardous materials and petroleum products;

iii.

Measures proposed to protect all hazardous materials and petroleum product storage containers from vandalism, corrosion, leakage or spillage;

iv.

Proposed measures to mitigate any potentially adverse impact from hazardous materials or petroleum products on the groundwater;

v.

Description of the method by which state and local authorities will be notified in case of an accident or spill of a hazardous material or petroleum product that will have a potentially adverse impact on the environment; [and]

vi.

A schedule whereby periodic proof will be submitted to the zoning inspector (additional copies submitted to the conservation commission) that hazardous materials and petroleum products are managed as stated in the groundwater protection plan.

b.

Waste management. The groundwater protection plan shall address the following:

i.

A description of the waste products generated and the projected average and maximum daily volumes that will be generated;

ii.

A description of the system to collect, store, treat (if necessary) and dispose off-site all waste products other than sanitary sewage;

iii.

A nutrient loading analysis is required for an individual sewage disposal system proposed to discharge more than 2,000 gallons per day of sanitary sewage;

iv.

Evidence of qualified professional supervision in the design, installation, maintenance and operation of the waste management system;

v.

Measure proposed to protect the waste management system from vandalism, leakage, spillage or malfunction;

vi.

Proposed measures to mitigate any potential adverse impact resulting from the failure of the waste management system;

vii.

Description of the method by which state and local authorities will be notified in case of a failure of the waste management system that will potentially have an adverse impact on the environment; [and]

viii.

A schedule whereby periodic proof will be submitted of the zoning inspector (additional copies submitted to the conservation commission) that the waste management system is being used and is operating as stated in the groundwater protection plan.

c.

A map showing the location of all water bodies, wetlands, storm drains, and public and private wells within 1,000 feet of the property boundary.

d.

Any other information the town decides is necessary to evaluate the potential for adverse impacts to groundwater quality.

All facilities and structures constructed according to section 7.5 of this ordinance shall be maintained by the owner to ensure their ability to function as designed. Failure to properly maintain said facilities and structure is a violation of this ordinance, subject to enforcement action by the town.

A.

The zoning board clerk shall forward complete applications concurrently to the planning board and conservation commission within 45 days, the planning board and conservation commission must forward recommendations to the zoning board. The zoning board shall not render a decision before receipt and review of the recommendations of the planning board and conservation commission.

B.

Fees will be collected in an amount designated by the town permit fee schedule to cover the actual costs incurred to review an application under the provisions of this ordinance.

C.

All applications for a special use permit within 1,000 feet of the town border will be forwarded by the zoning board clerk to the town council of the adjacent town for review and comment.

D.

When a request for changes to the boundaries of the district through an applicant has been received, accompanied by the adequate documentation to the Exeter planning board, the planning board shall make a recommendation to the town council within 60 days of the receipt of the request and all advisory opinions. The burden of proof shall be upon the owner(s) of the land in question to verify the location of the boundary. At the request of the owner(s), the town may engage a professional civil engineer, hydrologist, geologist or soil scientist to more accurately determine the boundaries of the district with respect to individual parcels of land. The town shall charge the owner(s) for part or all of the cost associated with this study and investigation.

If any provision or section of this ordinance or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, such determination shall not affect the validity of the remainder of this ordinance.

The Comprehensive Plan for Exeter, finalized in 2024 and titled "Exeter 2044," addresses the mounting challenges that local agricultural operations encounter in sustaining economic viability through conventional farming practices alone. This plan examines adaptive land use strategies designed to integrate complementary agricultural enterprises alongside existing farming activities. Such an approach aims to establish alternative revenue streams that alleviate development pressures, thereby supporting the preservation of Exeter's agricultural lands for future generations while maintaining the town's rural character.

The farm overlay district floating zone (FOD) is designed as a floating zone intended to establish a framework that supports the development of both medium- and large-scale agricultural enterprises. This district aims to facilitate the establishment of businesses that complement primary farming activities and generate supplementary revenue streams. The overarching objective aligns with the preservation of the town's farmlands, as articulated in the Exeter 2044 Comprehensive Plan. The goal of the farm district floating overlay zone is to be broad enough to allow farmers to use their ingenuity to explore business ventures, yet restrictive enough that the character and primary purpose of the farm is preserved and the rural character of the town is protected. The farm district floating overlay zone will set conditions that a farm must meet in order to apply for the floating zone. Eligibility criteria for farms seeking designation under the FOD will be delineated, encompassing parameters such as minimum usable acreage, an established history of active farming spanning at least five consecutive years, adequate property access, and adherence to existing zoning.

(Ord. of 7-7-2025(1))

The purpose of this section is to create sustainable and generational farming by redefining traditional farming such that local farms can be preserved, protected and maintained in the Town of Exeter, consistent with the Exeter Comprehensive Plan as follows:

A.

To support farmland preservation that provides community benefits from a vibrant farm sector balanced with protection of the open agricultural landscape that is a character trait of this rural community.

B.

Preserve the agricultural history and economic benefits of commercial agriculture in the Town of Exeter, RI.

C.

Support the merging of modern technology and farm operations with traditional agricultural operations and agri-business.

D.

Provide greater design flexibility in addressing evolving agricultural practices in a balanced way within the community.

E.

Promote agricultural practices that reduce soil erosion, improve water quality, energy efficiency and increase farmland productivity.

F.

Protect areas of the town with productive agricultural soils for continued or future agricultural use by retaining prime agricultural soils and allowing for efficient farm operations and activities.

G.

Create new market segments that give farmers flexibility to be financially stable and allow for generational succession.

H.

To implement a regulatory framework that allows medium- to large scale farms to diversify their operations and generate additional income streams. This system is designed to maintain equilibrium; it gives farmers the ability to innovate and explore entrepreneurial prospects while safeguarding the fundamental functions of farming and the overall rural character of Exeter.

(Ord. of 7-7-2025(1))

A.

Agri-business. Certain farm-related businesses, including but not limited to: Retail sales of locally grown products of agriculture and aqua-culture including processed, cooked, and baked goods made with farm products; farm-to-table dining venues; family events, farmers markets of locally grown and raised products; processing of farm-raised beef, pork, chicken, lamb, game birds, fish as well as all other farm raised animals; fruits and vegetables; the processing of farm-raised crops.

B.

Agri-tourism.

1.

Means any agriculturally based operation or activity that brings visitors to a farm. It encompasses a wide range of activities, including direct-to-consumer sales such as farm stands and u-pick, agricultural education through school visits, hospitality services like overnight farm stays, recreational activities such horseback riding and archery, meeting venues and hosting family events, and entertainment events like hayrides and harvest dinners.

2.

Agri-tourism benefits surrounding communities by drawing tourists to rural areas, stimulating local economies, and fostering a greater appreciation for agricultural practices and local food systems.

3.

Agri-tourism shall further be defined to include the following prohibited uses: Overnight music festivals; tractor pulls; monster trucks, dirt bike, motor cross or ATV competitions; live-fire or ammunition events excepting trap, skeet and clay shooting; carnivals, circus, fairs, or the like; unless an entertainment license is granted by the town council for a specific event.

C.

Family events. Traditional events such as weddings, funerals, birthday or other events where third parties rent a meeting hall or tent on the farm for a defined time. The event shall have a maximum capacity as determined by the fire marshal and have parking sufficient for the maximum capacity. Outdoor amplified music during the event shall not be permitted.

D.

Farm kitchen. A fully licensed commercial kitchen for the preparation for on-site and off-site consumption of farm products such as, but not limited to jams, juices, spreads, meats, aquaculture, vegetables, fruits, berries, wines, beer products and related foodstuffs such as baked goods. Cooking classes and food competitions are permitted. A farm kitchen may not include a restaurant but may prepare and serve food for family events and agri-tourism events.

E.

Farmers market. The sale of locally grown and available products during daylight hours or during special farm events.

F.

Farmland. The applying land has been approved as Farmland pursuant to R.I. Gen. Laws § 44-27-3 for a minimum of five (5) years prior to the date of application.

G.

Farm stand. A seasonal, sheltered area with shelves and counters for displaying and selling locally grown or produced items.

H.

Farm store. A farm store with an on-site kitchen for the retail sale of products grown, harvested, and processed locally. The kitchen must comply with the farm café ordinance. The store prioritizes the farm-to-consumer experience, highlighting local sourcing and production.

I.

Overlay districts. An overlay district is a land use zoning district that overlays existing ones. It can either provide additional support with fewer regulations or impose stricter limits, depending on its intent and the specific needs of an area that may require greater protection. Per R.I. Gen. Laws § 45-24-31(55), an overlay district is a district established in a zoning ordinance that is superimposed on one or more districts or parts of districts. The standards and requirements associated with an overlay district may be more or less restrictive than those in the underlying districts, consistent with other applicable state and federal laws. Another type of overlay district is a "floating" overlay zone, which, according to R.I. Gen. Laws § 45-24-31(28), can operate as an unmapped zoning district adopted within the ordinance and established on the zoning map only when an application for development meeting the zone requirements is approved. Floating overlay districts are not automatically granted as a matter of right; rather, they are subject to specific eligibility criteria, performance standards, and the discretion of the town council. This overlay district is layered atop the existing underlying zoning, serving as an additional regulatory framework rather than a mandatory entitlement. Its approval is contingent upon a thorough evaluation and is not guaranteed.

J.

Restaurant. A full-time venue, open to the general public, solely for dining with waitstaff, tables and chairs.

(Ord. of 7-7-2025(1))

A.

A qualifying farm shall, as a matter of right, be permitted to conduct any of the following provided the conditions of this section of the zoning ordinance is complied. A qualifying agricultural operation may submit a formal request to the town council for designation as a farm overlay district (FOD) district, which functions as a floating zone. This designation permits specific uses, provided that the operation adheres to the eligibility criteria section 7(a).9, constraints, and prohibitions outlined in the following sections 7(a).5, 7(a).6, 7(a).7, and 7(a).8(h): 1. Agri-business; 2. Agri-tourism; 3. Family events; 4. Farmers market.

(Ord. of 7-7-2025(1))

A.

Agri-business retail sales conducted within a building or covered area that measures less than 4,500 square feet of gross floor area (GFA).

B.

Agriculture-related crafts/gifts.

C.

Agricultural technical tours.

D.

Camping/picnicking (combined) limited to tents, no RV or trailers.

E.

Car shows.

F.

Clay bird shooting.

G.

Corn mazes and hayrides.

H.

Crop sign I.D. program.

I.

Cross-country skiing.

J.

Direct agricultural sales.

K.

Educational experiences.

L.

Family events.

M.

Farm stays: Guests stay overnight on the farm.

N.

Farmers markets and farm stands: Selling directly to consumers through farmer's markets or an on-site farm stand.

O.

Farm-to-table dinners for less than 50 people.

P.

Free fishing.

Q.

Garden/nursery tours.

R.

Historical agriculture.

S.

Horseback riding.

T.

On-farm sales.

U.

Outdoor recreation: Limited to hiking, fishing, and birdwatching.

V.

Petting zoos: For farmers with animals and livestock.

W.

School tours.

X.

Tours: Offering guided tours of the farms.

Y.

U-pick operations.

Z.

Wagon/sleigh rides.

AA.

Wildlife viewing and photography.

BB.

Wineries and tasting rooms: Venues that accommodate fewer than 35 patrons at a time.

(Ord. of 7-7-2025(1))

In no event shall any of the following limited uses take place within 500 feet of the front, rear, or side yard set back of the parcel, which may be comprised of multiple lots in common ownership defined by the applicant.

A.

Events featuring music — Outdoor performances are limited to non-amplified acoustic acts only and must take place between 11:00 a.m. and 8:00 p.m.

B.

Farm to table dinners greater than 50 people: 1 per week.

C.

Holiday attractions.

D.

Hunting/working dog trials/training — Limited to the size of the event.

E.

Multi-day tournaments — Limited to no greater than 35 participant: 1 per month.

F.

Sporting events — No greater than ten teams or 35 participants: 1 per month.

G.

Wedding or event venue — Limited to no greater than 150 people (see Sec. 7(a).8).

(Ord. of 7-7-2025(1))

A.

Carnivals.

B.

Concerts.

C.

Exotic animal farm.

D.

Fee hunting.

E.

Game preserve.

F.

Music festivals.

G.

No motorized events such motocross races, truck pulls or monster trunk exhibitions.

H.

Off-road vehicles.

I.

Tailgating parties.

(Ord. of 7-7-2025(1))

A.

Other agri-tourism agri-business events not otherwise classified.

B.

Permitted or limited uses that surpass the specified limitations on the number of patrons allowed.

C.

Special events, festivals or fairs (excludes any activities or types of farming allowed by state law, statute, regulations, under State of Rhode Island General Law, RI DEM Right to Farm Act, USDA farm operations or Town of Exeter zoning. Current and past farm activities are not affected by this ordinance.

D.

Wedding or event venue greater than 150 people.

E.

Commercial slaughter house.

(Ord. of 7-7-2025(1))

A.

The farmland must have a minimum combined lot size of no less than 75 acres of contiguous land under common ownership; and

B.

The entirety of the farmland shall be located within the RU-3, RU-4 or CR-5 zoning district; and

C.

The farmland shall have access and egress and contain the minimum improved frontage on a town or state roadways; and

D.

The farmland has been in agricultural use and production for the previous five consecutive years with gross sales income from farming of not less than $10,000.00 as verified by the filing of a Schedule F (Form 1040) tax filings "Profit or 296 Loss from Farming" Department of the Treasury Internal Revenue Service or other agricultural tax return filing based on ownership structure (Individual, Partnership, Limited Liability Company or 299 Corporation). Any documentation provided in satisfaction of this subsection shall not be deemed a public record pursuant to R.I. Gen. Laws § 38-2-2(4)(O); and

E.

The farm overlay district floating zone (FOD) shall only apply to those qualifying parcels that the farm owner seeks application thereon.

F.

The agricultural operations of the farmland shall be the primary use of the farm operation.

G.

Notwithstanding the minimum setback required by section 7(a).6, the town council may grant a variance of the minimum setbacks required by this chapter utilizing the criteria stated in RIGL 1956, 45-24-41, as amended, for dimensional variances.

(Ord. of 7-7-2025(1))

A.

An application for a farm overlay district floating zone (FOD) shall provide proof of eligibility meeting all the criteria listed in section 7(a).9. — "Eligibility."

B.

Mandatory application farm overlay district floating zone (FOD): A pre-application meeting with the town administrative officer must be conducted prior to submitting an application to the town clerk.

C.

After a pre-application meeting with the town administrative officer, an application for a farm overlay district (FOD) floating zone may be submitted to the town clerk, who will assess it to determine its completeness.

D.

Applications submitted to the town council for a farm district floating zone (FOD) and the limited uses specified in section 7(a).6 must adhere to the procedures outlined for minor land development applications.

E.

All applications under section 7(a).6 must comply with the minor land development review and approval process.

F.

For a farm overlay district floating zone (FOD) and for limited uses specified in section 7(a).6, the applicant must submit 13 copies of a site plan drafted by a licensed professional engineer in Rhode Island. The plan shall delineate and list all the lots encompassed by the overlay district, designed at a scale adequate to convey all requisite information clearly. It must encompass the following details:

1.

Name and address of the proposed development.

2.

Name and address of property owner and applicant.

3.

Name, address, and telephone number of the person or firm preparing the application plan.

4.

Date of plan preparation, with revision date(s) (if any).

5.

Graphic scale and true north arrow.

6.

Geographic mapping and the specific plat and lot numbers for all parcels designated for inclusion in the farm district floating zone (FOD).

7.

Zoning district(s) of the subject property or properties that will underlie the overlay zoning district. If more than one district, zoning boundary lines must be shown.

8.

Perimeter boundary line survey of the development, drawn so as to distinguish it from other property lines.

9.

Area of the development parcel and proposed structures, parking areas, sanitary facilities, or other supportive and ancillary structures and uses.

10.

Location and dimension of existing property lines within or abutting the development parcel, easements, and rights-of-way.

11.

Location, width, and names of existing streets within and immediately abutting the development parcel.

12.

Names of abutting property owners and property owners immediately across any adjacent streets.

13.

Location of wooded areas, structures, and notation of existing ground cover.

14.

A map and aerial showing the existing and proposed boundaries, zoning districts/boundaries, and existing streets and roads, their names, and town boundaries where appropriate. This map will be advertised in a newspaper, it should be clear and reproducible.

15.

Detailed summary and description of the overlay proposal as it pertains to meeting the intent of the ordinance and consistency with the comprehensive plan.

16.

Provide a thorough inventory of all operational activities on the site, including specified operating hours and estimated daily trip counts and attendance numbers for each activity.

17.

The design and dimensions of existing and proposed structures, including roadways, parking lots, outdoor exhibits, septic systems, well fields, and their protective zones, shall be clearly defined. Additionally, the plan submission shall accurately outline the locations of all buildings, pedestrian pathways, parking areas, entrances, and connections between different facilities, along with appropriate signage.

18.

Provide a comprehensive overview of the property's intended uses, detailing specific areas designated for various functions, including display, operational activities, and the structures to be constructed onsite. The property will be divided into distinct zones.

a.

**Display Area**: The percentage of the total site and location on the property designed to showcase products and services offered. It will feature exhibits, tents, interactive displays, and informational kiosks aimed at engaging visitors.

b.

**Operational Area**: The percentage of the total site and location on the property that will facilitate daily business functions for agri-business, agri-tourism, family events, and farmers market, including parking (visitors and staff), and necessary ancillary uses and roadways.

c.

**Structures**: Detail all structures to be constructed, both permanent and temporary, including: Multi-purpose buildings (include size, height, and design), tents and display areas, offices, restrooms, meeting spaces, storage areas, and outdoor pavilions for events and community activities.

19.

Outline the structural components necessary for the buildings and detail the configuration and capacity of parking areas, along with the essential support facilities such as restrooms, storage spaces, and utility areas needed to effectively accommodate and enhance the intended activities.

20.

Provide daily visitor projections for proposed activities and evaluate traffic within a half-mile radius, focusing on access routes, safety, and parking, while showing traffic flow to a major arterial roadway.

21.

Detail the measures for accessibility, public safety, and adherence to applicable fire and building code standards.

22.

Provide an assessment of the site's suitability for effective traffic management, stormwater collection and discharge, and septic waste treatment.

23.

Any other information that the town council and/or town administrative officer deems necessary to evaluate the unique conditions of the proposed use or site.

24.

The following supplemental information shall be submitted with the plan:

a.

An aerial photograph of the proposed development area.

b.

A soil and wetlands map, highlighting prime agricultural soils within the parcel.

c.

Include the location of wetlands, watercourses, coastal features within 200 feet, areas of agricultural use, historic cemeteries, and unique natural or historic features such as stone walls.

d.

An area context map showing the site and its 500-foot surroundings, including significant features.

e.

Base flood elevation data.

G.

Application fee schedule.

1.

Preapplication review (town administrative officer): $200.00;

2.

Town council application: $500.00 for one meeting, plus the full cost of advertising and a buffer notification;

3.

Administrative preliminary application minor land development: $100.00 plus two cents per square foot of gross floor area of proposed buildings and structures;

4.

Administrative final application: $100.00 plus two cents per square foot of gross floor area of proposed buildings and structures;

5.

The applicant is responsible for all fees associated with project reviews, peer evaluations, and inspections.

(Ord. of 7-7-2025(1))

A.

Town council public hearing. The floating zone shall not be enacted until after a public hearing has been held. The town council shall first give notice of the public hearing by publication of notice in a newspaper that circulates in Exeter at least once each week for three successive weeks before the date of the hearing, which may include the week in which the hearing is to be held, at which hearing opportunity shall be given to all persons interested to be heard upon the matter of the proposed enactment of the overlay district.

The notice shall:

1.

Specify the date, time, and place of the hearing.

2.

Indicate that the adoption of an overlay district of the zoning ordinance is under consideration.

3.

Contain a detailed statement of the proposed overlay district and applicant-specific requests printed once in its entirety or summarize and describe the overlay district being considered and the uses and activities under consideration.

4.

Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied.

5.

State that the proposals may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. Any alteration or amendment must be presented for comment during the hearing.

6.

At least 14 days before the date of the public hearing shall be posted in the town clerk's office, in one other municipal building, and on the home page of the town's website.

7.

The applicant shall send written notice by first-class mail to the owners of real property within 1,000 feet of the perimeter of the property proposed for the overlay district at least 14 days before the date of the town council public hearing.

8.

Additional requirements of the printed newspaper notice and mailings include a readable map showing the existing and lot boundaries, the existing and proposed limits of the overlay district zoning district boundaries, the existing streets and roads and their names, and the town boundaries.

B.

Planning board advisory recommendation. The planning board shall undertake a comprehensive evaluation of applications for the overlay district and shall provide an advisory recommendation to the town council regarding eligibility criteria.

C.

Sequencing of applications—Farm overlay district (FOD) floating zone.

1.

Preapplication to the town administrative officer as a minor land development request for the overlay district (prerequisite).

2.

Formal submission of application to the town council through the office of the town clerk.

3.

Scheduled for discussion at the town council meeting for referral to the town administrative officer.

4.

Application to the town administrative officer as a preliminary minor land development project: "Request an advisory recommendation on the application for an overlay zone from the Planning Board" for project eligibility, to the town council. The planning board shall issue an advisory recommendation regarding project eligibility to the town council within 45 days of the town council referral.

5.

Upon receipt of the planning board's advisory recommendation on eligibility, the town clerk shall schedule a public hearing with the notice and advertisement paid by the applicant.

6.

If approved, proceed to submit the final minor land development project for review by the town administrative officer.

D.

Adoption farm overlay district (FOD) floating zone—Power of the town council—Findings, eligibility, and consistency with the comprehensive plan.

1.

Following the planning boards advisory recommendation on eligibility, the town council will convene a public hearing to evaluate public input, the advisory recommendations of the planning board, and the stipulations set forth in the minor land development review process, as well as Exeter's Zoning Ordinance and Appendix B of the Land Development Regulations. This includes an assessment of section 1.5 concerning the general purposes of land development and subdivision regulations, section 1.6 regarding consistency with the comprehensive plan, section 7.3 which details performance and development standards, and section 3.5 addressing the required findings for all approvals.

2.

The proposed project must meet the eligibility criteria outlined in the farm overlay section and comply with the review standards articulated in the Code of Ordinances.

3.

If the town council grants approval, it may impose conditions to protect public health and safety, mitigate nuisances, and ensure compliance with the zoning ordinance and comprehensive plan. During the approval process for the overlay district and the minor land development review, the town council and town administrative officer may also impose necessary stipulations for these purposes.

4.

If the application receives approval, the applicant shall return to the town administrative officer for an administrative final minor land development project for the adoption of the overlay district for refinement of the specific design, layout, safety, site design, traffic flow, pedestrian access, landscaping, compatibility with surrounding properties would occur for those activities listed for enhanced review.

E.

Post adoption site design review-farm overlay district (FOD) floating zone. The town administrative officer shall require and approve administratively:

1.

The town administrative officer has the authority to review and approve all uses listed in section 7(a).6 under the limited uses category, as determined through a minor land development review. In cases where an application raises unique concerns or deficiencies, the officer may refer the application to the planning board for further evaluation.

a.

Sufficient parking shall be provided for all uses; preference given to grass-field or other permeable surface parking.

b.

Traffic details for any event deemed necessary by the town administrative officer.

c.

The location of all structures and parking areas, minimizing any inconvenience to any abutting properties.

d.

Referral to the building official and fire marshal for evaluating both permanent and temporary structures. This includes assessing sanitation facilities (restrooms, porta-johns, handwashing stations), temporary tents, compliance with fire safety regulations, food service licensing, and health standards.

e.

Obtain necessary permits from relevant agencies to ensure compliance with public health and safety regulations.

f.

A formal referral to the fire marshal to evaluate the circumstances and ensure adherence to fire safety regulations.

g.

Ensure safe access for pedestrians and vehicles with clear walkways and signage. Provide adequate lighting for pathways, crosswalks, and parking lots, and design routes to accommodate pedestrians with disabilities.

h.

Manage parking access and traffic flow to minimize local impact. Design should ensure efficient traffic management, reduce congestion, and enhance safety for drivers and pedestrians.

i.

Dark Sky lighting.

j.

Any signage.

2.

Should the administrative officer deem it necessary, the application may be referred to the planning board, fire marshal, or building official for further evaluation.

(Ord. of 7-7-2025(1))

The farm overlay district does not modify, change or exclude any activities, hunting, or types of farming allowed by state law, statute, regulations, under State of Rhode Island General Law, RI DEM Right to Farm Act, USDA farm operations or Town of Exeter zoning. Current and past farm activities of farms are not affected by this ordinance.

(Ord. of 7-7-2025(1))