The following district use table establishes in each district those uses permitted and those uses permitted by special-use permit or by aquifer protection permit. All uses not so permitted in a district are prohibited therein. Except for those uses and activities specifically identified in subsection (a) of this section, which follows below, any accessory use customarily incident to a use permitted in a district and located on the same lot shall be permitted; any accessory use customarily incident to a use permitted in a district by special use permit or aquifer protection permit and located on the same lot shall be permitted upon the grant of the special-use permit or aquifer protection permit unless limited by special condition attached to the grant of the special-use permit or aquifer protection permit. It shall be the responsibility of the zoning enforcement officer to determine which use classification a proposed use is governed by. Notwithstanding any other provisions of this section, accessory dwelling units (ADUs) shall be permitted only as provided in section 5.2.

(a)

Prohibitions. The following are prohibited:

(1)

Residential underground storage tank (UST) installations.

(2)

Non-residential UST installations in a primary protection zone district. Non-residential UST installations (except those regulated by RIDEM) are permitted in the secondary protection zone by aquifer protection permit only.

(3)

In the primary protection zone district, any discharge of liquid wastes and waste water containing suspended particles on site to the subsurface through septic systems, dry wells, galleys, or other means, except for the discharge of sanitary waste in accordance with an approved RIDEM individual septic disposal system. Such discharge is permissible in the secondary protection zone by aquifer protection permit only. RIDEM approved activities associated with the subsurface disposal of sewage from individual sewage disposal systems are permitted. This shall not include the discharge of storm-water runoff into the subsurface by drywells, galleys, or other means, nor shall this include the retention and/or detention of storm-water runoff by open basins provided that appropriate oil separation methods are utilized where applicable.

(4)

Land disposal of sewage sludge and septage in the primary protection zone. Such disposal is permissible in the secondary protection zone district by aquifer protection permit only.

(5)

Uncovered storage of road salt and deicing material, without an impermeable storage and handling surface that will prevent contaminated runoff.

(6)

In the primary protection zone, washing of motor vehicles, except incidental to residential uses, or in a car wash that has an aquifer protection permit, uses recycled water, and does not discharge to the environment.

(7)

Outdoor storage of hazardous materials, unless the fire district chief has determined that indoor storage would create a fire hazard in which case an aquifer protection permit shall be required.

(8)

In the primary protection zone, storage of petroleum or liquid refined petroleum products or their transfer through piping systems, except within a building (or, if the fire district chief has determined that indoor storage would create a fire hazard, in an accessory covered containment structure) as heating fuel for that building. Such storage of heating fuel shall not exceed five hundred (500) gallons, except for storage regulated and permitted by RIDEM.

(9)

In the primary protection zone, parking, for more than two (2) hours in any twenty-four-hour period, of any vehicle used for storage or delivery of fuel oil, gasoline, or other liquid petroleum products or hazardous material.

(10)

Installation of interior floor drains designed to permit fluid from any interior space to be discharged into or onto the ground, except for sump pumps and French drains used solely to accumulate and discharge groundwater from a residence (or, by aquifer protection permit only, from a non-residential interior space). Provided, that such drains may be permitted, by aquifer protection permit only, if designed to empty into an above ground storage tank capable of completely containing anticipated flows. Such tanks shall be subject to containment provisions as provided in this ordinance.

(11)

Uncovered storage of solid wastes and storage of solid waste in covered dumpsters with drain plugs removed.

(12)

Washing or rinsing of dumpsters in the primary protection zone and in the secondary protection zone except by aquifer protection permit and the operation does not discharge to the environment.

(b)

Aquifer protection permits.

(a)

Application. An application for an aquifer protection permit may be made by any person, group, agency or corporation with a legal interest in the land to which it applies by filing in the office of the zoning enforcement officer an application describing the request.

The form and such data and evidence which comprises the application is in appendix C of this ordinance. The form and the information required by the form are incorporated by reference and made a part of this ordinance.

The zoning enforcement officer or the administrative officer has the authority to waive submission of supporting information at the request of the applicant, provided, however, that the zoning board of review or the planning board has the authority to require submission of any information for which submission was initially waived. If the zoning enforcement officer or the administrative officer denies a waiver request, the applicant has the right to appear before the zoning board of review or the planning board to request the waiver.

(b)

Planning board and conservation commission recommendations. The zoning board, at its next meeting after receipt of a complete application for an aquifer protection permit may request that the planning board and/or town planner and the conservation commission report their findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the comprehensive plan of the town, writing to the zoning board within thirty (30) days of the zoning board request.

(c)

Notice and hearing. The zoning board shall hold a public hearing on any application for an aquifer protection permit in an expeditious manner after receipt in proper form of a complete application. The board shall give notice of the public hearing at least fourteen (14) days prior to the date of the hearing in a newspaper of local circulation in Hopkinton. The notice shall include the applicant's name and address and the street address and plat and lot number of the subject property, and shall describe the relief sought. The notice shall state the date, time, and location of the public hearing. The applicant shall pay the cost of the advertisement. At least fourteen (14) days before the date of the public hearing, the clerk of the zoning board of review shall send notice of the public hearing by first class mail to the applicant and to:

(1)

The owners of property within two hundred (200) feet of the property that is the subject of the application, whether located in Hopkinton or an adjacent town.

(2)

The town council of any town adjacent to Hopkinton, if the subject property is located within two hundred (200) feet of the boundary of that town.

(3)

Any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the application.

The applicant shall pay the cost of the postage. At least fourteen (14) days before the date of the public hearing, the notice shall be posted in the town clerk's office, in one (1) other municipal building, and on the home page of the Town's website.

(d)

Findings of zoning board. In granting an aquifer protection permit, the zoning board shall be satisfied by legally competent 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 or its classification as GAA (suitable for public or private drinking water use without treatment) or GA (may be suitable for public or private drinking water use without treatment) as promulgated in the RIDEM "Rules and Regulations for Groundwater Quality" in accordance with Chapter 46-13.1 of the General Laws of Rhode Island, 1956, as amended.

(e)

Maintenance. All facilities and structures constructed in accordance with an aquifer protection permit shall be maintained by the owner or operator to assure their ability to function as designed. Failure to properly maintain such facilities and structures shall constitute a violation of this ordinance and is subject to enforcement action of the town.

(c)

Best management practice work plan submittal. Where an aquifer protection permit is required and the proposed use involves hazardous materials or if state or federal permit, approval or license is required because the use involves hazardous materials including hazardous waste, a best management practice work plan must be submitted that:

(a)

Includes three (3) copies of any required state or federal permits, approvals or licenses required for the proposed use along with citation of the statute, law, ordinance or regulation requiring these documents.

(b)

Lists all chemicals, pesticides, petroleum products and other hazardous materials and the maximum quantity to be used, stored, transferred or generated on the premises at any one time accompanied by a description of measures proposed to protect them from vandalism, corrosion, leakage, malfunction or spill including spill prevention and clean-up procedures and other countermeasures.

(c)

Describes all hazardous or potentially hazardous wastes to be generated and the system to be used that will collect, store, treat (if necessary) and subsequently dispose, off-site, of all waste products other than sanitary sewage. Include spill prevention and clean-up procedures to be used.

(d)

States the proposed measures to mitigate any potential adverse impact from hazardous materials or petroleum products spillage on the groundwater or structures feeding the groundwater.

(e)

Provides a description of the method by which local, state and federal authorities will be notified in the event of an accident or spill of a hazardous material or petroleum product that will have a potentially adverse impact on the environment.

(f)

Shows a plan prepared by the appropriate licensed professional(s) in accordance with R.I.G.L. with the dimensions, elevations and nature of the proposed use; the amount, area and type of proposed fill, area and nature of proposed grading; proposed drainage facilities; proposed roads, water and other utilities; and specifications for building construction and material.

(g)

Shows a plan prepared by the appropriate licensed professional(s) in accordance with R.I.G.L. to include all relevant existing features within two hundred (200) feet of the property line including but not limited to the primary protection zone boundary, wetlands or water bodies, vegetation, existing development and contours at two-foot intervals. Off site conditions and features may be taken from existing sources of information and referenced on the plan.

(h)

Includes a soils report by a professional soils scientist registered with the Society of Soils Scientists of Southern New England or a site evaluator licensed by the department of environmental management, to include the depth to groundwater and soil strata description to ten (10) feet.

(i)

Includes a report by a groundwater hydrologist on the present surface and groundwater water quality conditions, the rate and direction of groundwater movement and a description of the analysis method used; and the potential impact to ground and surface waters from the proposed use including spills. Such report shall also include the cumulative impacts of discharge pollutants over an extended period of time and a description of mitigation measures to include identification of any irreversible alteration of natural features as a result of the proposed action and the proposed rate and volume of groundwater withdrawal and the potential cumulative impacts of groundwater withdrawal.

(j)

Provides compelling evidence of qualified professional supervision in the design, installation, operation and maintenance of facilities or containers to be used for the handling, storage, generation and disposal of hazardous materials and petroleum products.

(k)

Requires that indoor storage of hazardous materials and petroleum products shall be within a containment structure that meets the following standards:

(1)

Constructed in such a manner as to prevent the release of hazardous materials and petroleum products and constructed of such materials that are impermeable and compatible to the materials being contained.

(2)

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

(a)

For above ground storage tanks greater than one hundred (100) percent of the capacity of the largest tank.

(b)

For individual containers, e.g., drums greater than ten (10) percent of the total volume of all the containers or the volume of the largest container, whichever is greater.

(l)

Requires that outdoor storage of hazardous materials and petroleum products shall be within a containment structure that meets the following standards:

(1)

Impermeable base and surrounding dike that is compatible with the material being contained.

(2)

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

i.

For above ground storage tanks greater than one hundred (100) percent of the capacity of the largest tank.

ii.

For individual containers, e.g., drums greater than ten (10) percent of the total volume of all the containers or the volume of the largest container, whichever is greater.

(3)

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

(m)

Requires that drums and storage containers be fitted with secure lids at all times to prevent spills and leaks; be stored as full as possible to prevent vapors and the chance of explosion; have drip pans under spigots and that the operator control and absorb material spilled from the tops of the drum.

(n)

Requires storage areas to be inspected weekly looking for leaks and for deterioration caused by corrosion or other factors, recording the inspections in an inspection log and filling out a weekly hazardous material storage area inspection checklist form as set forth in appendix G hereof (said form and the data and/or evidence required thereby are incorporated herein and made a part of this ordinance) during the inspection; keep these records for at least three (3) years from the date of the inspection and make these records available to the zoning enforcement officer. If storage includes hazardous waste for which a weekly hazardous waste storage area inspection checklist form is required to be recorded (refer to Section 2.0 of the Hazardous Waste Compliance Workbook for Rhode Island Generators, RIDEM Office of Technical and Customer Assistance dated March 2002, or the most recent revisions thereto), keep these records as required by RIDEM and make these records available to the zoning enforcement officer.

(o)

Requires containers and tanks to be clearly labeled as to contents.

(p)

Requires hazardous materials generation and storage areas to be clearly marked to indicate the presence of hazardous materials. Material safety data sheets (MSDS) shall be kept for all hazardous materials near the point of generation and storage for ready access by employees, inspectors, etc.

(q)

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

(r)

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

(s)

Requires a new aquifer protection permit application when additions are proposed to the list of hazardous materials and petroleum products; when changes are proposed to the methods of handling, storage and disposal of hazardous materials and petroleum products; when there is a proposed increase in the maximum quantities of hazardous materials and petroleum products involved; or when there is potential to significantly increase the impact on the groundwater.

(t)

Requires adequate quantity of spill containment materials be maintained on hand, document training in the use and prevention of spills and releases and a written plan of use and disposal for these materials for all potential spills or releases.

(u)

Address fire protection systems needed for flammable or combustible materials stored in these areas, i.e. to prevent catastrophic fire and release of materials resulting from the fire.

District Use Table

P = Permitted, N = Prohibited, S = Special Use Permit, A = Aquifer Protection Permit

Footnotes:

¹ Uses are restricted to 2,500 square feet of gross floor area.

² Uses are restricted to 5,000 square feet of gross floor area.

³ The term "Bingo Hall" as used herein shall be defined as an establishment primarily for the conduct of bingo games but not including the use of video lottery terminals (VLTs) or slot machines. An establishment is considered to be primarily for the conduct of bingo games if it runs bingo games more than two (2) times per week, or runs bingo games that involve greater than forty (40) participants, or runs bingo games involving money which exceeds the lowest possible amount allowed by the Gaming Unit of the Rhode Island State Police.

⁴ Limited to parcels one-half acre in size and larger. Prohibited in parcels under one-half acre.

(Ch. 134, § 4, 5, 12-19-94; Ch. 131, 3-22-04; Ch. 149, 2-1-99; Ch. 154, 5-15-00; Ch. 189, 5-15-06; Ch. 199, § 1, 9-15-07; Ch. 210, § 1, 7-20-09; Ch. 212, 4-5-10; Ch. 218, 4-18-11; Ch. 230, 7-1-13; Ch. 232, 1-6-14; Ch. 268, 7-15-19; Ch. 269, 10-7-19; Ch. 279, 4-19-21; Ch. 280, 6-21-21; Ch. 285, 8-1-22; Ch. 286, 10-3-22; Ch. 288, 5-1-23; Ch. 292, §(Exhs. A and B), 12-4-23; Ch. 299, 1-21-25)