Little Compton City Zoning Code
§ 14-5.8
Water Bodies and Wetlands.
[Ord. 6/23/94, Art. 5; Ord. 6/21/01; Ord. 5/31/06; Ord. 9/21/06; amended 6-12-2025]
The following are minimum requirements mandated by this chapter. All other requirements of any other Town agency or commission, the State of Rhode Island, or of the United States of America shall also be met.
a.
New Subdivisions: Setbacks from Water Bodies and Wetlands. For all lots created after the effective date of this subsection, no building, structure or septic system may be located within 100 feet of any freshwater or coastal wetland as defined by the Rhode Island Department of Environmental Management and/or the Coastal Resources Management Council. Administrative subdivisions shall be excluded from this provision. For the purposes of this section the term freshwater wetlands excludes from the definition, Areas Subject to Storm Flowage (ASSF) and the land area within 50 feet of any freshwater wetland, defined by DEM as the perimeter wetland and commonly referred to as the wetland buffer zone. Boat sheds, piers, bathhouses, cabanas, fences and similar structures are exempt from these setback provisions.
b.
Lots of Record: Administrative Approval. In order to minimize the impact to the wetland on lots of record existing as of the effective date of this subsection, no building, structure or septic system shall be installed within the 100-foot wetland buffer without first obtaining an administrative approval from the Building Official. The Building Official may issue an administrative approval, and where applicable a building permit, for a septic system, building or structure between the 50 foot RIDEM wetland buffer and the 100-foot Little Compton wetland buffer, where due to site constraints and/or the configuration of the lot, the septic system, building or structure cannot meet the requirements of Subsection a above. Prior to issuing the administrative approval or building permit, the Building Official must determine that the following standards have been met. Boat sheds, piers, bathhouses, cabanas, fences and similar structures are exempt from these setback provisions. All administrative approvals shall be posted at Town Hall for a period of 10 days.
1.
Septic Systems.
(a)
The septic system design has been approved by RIDEM and once in use, will not pose a threat to the public health and safety nor cause any degradation of ground or any surface water quality, including adverse effect due to cumulative impact.
(b)
An enhanced on-site wastewater treatment system, approved by RIDEM, must be installed in order to remove either increased pathogens and/or nitrogen as determined on a case by case basis by the Building Official based upon the adjacent wetland resource.
(c)
The type of septic system to be installed must be accepted by the Rhode Island Onsite Wastewater Training Center or RIDEM as capable of meeting the following performance standards:
(1)
Denitrification. Minimum total nitrogen removal of 50% or a reduction to 19 mg/l, and biochemical oxygen demand and total suspended solids each reduced to less than or equal to 30 mg/l; all as measured at the outlet of the treatment unit prior to discharge to a drain field.
(2)
Pathogen. Reduces fecal coliform to less than or equal to 1,000 fecal coliform counts/100ml and reduces biochemical oxygen demand and total suspended solids to less than or equal to 10 mg/l as measured at the outlet of the treatment unit prior to discharge to a drain field.
(d)
The septic system must be located as far from the water body, stream, river, shoreline, coastal/tidal wetlands and/or freshwater wetlands as is practical in the context of the lot. The RIDEM-verified wetland edge must be shown on the site plan.
(e)
Where, due to site constraints and/or lot configuration, it is impossible to locate the septic system both 100 feet from a drinking water well and 100 feet from the wetland, the distance from the septic system to the well shall be maximized even if it means constructing the septic system closer to the wetland.
2.
Buildings, Structures and ISDS.
(a)
The applicant has provided an erosion and sediment control plan that also depicts the demarcation of the undisturbed wetland buffer.
(b)
There shall be no net increase in off-site run-off.
(c)
Where, due to site constraints and/or lot configuration, it is impossible to locate both the septic system and the house 100 feet from wetland, the distance from the wetland to the septic system shall be maximized.
c.
Failed Systems. Persons with a failed ISDS as defined by RIDEM, within the 100-foot wetland buffer shall notify the Building Official prior to the repair or replacement of the system. System repairs that include replacement of the drainfield shall be subject to the following performance standards:
1.
An enhanced on-site wastewater treatment system, approved by RIDEM, must be installed in order to remove either increased pathogens and/or nitrogen as determined on a case by case basis by the Building Official based upon the adjacent wetland resource.
2.
The type of ISDS to be installed must be accepted by the Rhode Island Onsite Wastewater Training Center or RIDEM as capable of meeting the following treatment standards. Discharge to a shallow drainfield shall be required where technically feasible.
Denitrification. Minimum total nitrogen removal of 50% or a reduction to 19mg/l, and biochemical oxygen demand and total suspended solids each reduced to less than or equal to 30 mg/l; all as measured at the outlet of the treatment unit prior to discharge to a drain field.
Pathogen. Reduces fecal coliform to less than or equal to 1,000 fecal coliform counts/100ml and reduces biochemical oxygen demand and total suspended solids to less than or equal to 10 mg/l as measured at the outlet of the treatment unit prior to discharge to a drain field.
3.
The owner is encouraged to locate the septic system as far away from the wetland as practical within the context of the lot.
d.
ISDS Alterations and Upgrades. An ISDS alteration or upgrade within the 100-foot buffer, required because of improvements to the home and associated with a RIDEM System Suitability Determination, must comply with the performance standards in Subsection c above. In addition the applicant must provide a soil and erosion control plan.
e.
Technical Review and Assistance.
1.
The contracted services of professionals with expertise in enhanced onsite wastewater treatment systems, soils, and site plan review shall be made available to the Building Official by the Town on an as needed basis.
2.
A list and schematic drawings of treatment systems that meet the treatment standards of Subsection 14-5.8b1(c) of this subsection shall be kept on file in the Building Official's Office.
3.
Guidelines for determining whether an enhanced nitrogen and/or enhanced pathogen removal system is required shall be kept on file in the Building Official's Office. In general, denitrification will be required only when the system is within the buffer of a coastal wetland.
f.
Maintenance. All enhanced onsite wastewater treatment systems shall be regularly inspected and maintained. A maintenance contract shall be required on any system with mechanical components such as pumps, timers and alarms. The owner shall provide a copy of said contract and subsequent renewals to the Building Official.
g.
Fees.
1.
The applicant for an administrative determination, building permit or special use permit under this section shall be charged an administrative fee as listed in the schedule of fees, which shall be kept on file in the Building Official's Office.
2.
In addition to the administrative fee the applicant shall bear additional costs that may be incurred by the Town in conjunction with its evaluation of the application.
h.
New Subdivisions. The Zoning Board of Review may issue a special use permit allowing an exception to Subsection a hereof for a new subdivision which results in the creation of no more than one additional lot, with no potential for further subdivision, and otherwise in accordance with § 2.2.2(a) of the Little Compton Subdivision Regulations. In order for the Zoning Board of Review to grant a special use permit, the applicant must demonstrate that the proposal meets the standards of Subsection 14-5.8b and the general conditions for the granting of a special use permit as per Subsection 14-9.5 of this chapter. The fact that the granting of a special use permit would result in less expense to the applicant in implementing a permitted use shall not be used by the permitting authority as a justification for granting the permit or by the Building Official in issuing a building permit or an administrative approval.
i.
Freshwater Wetlands. No freshwater wetland or associated areas as defined by Title 2, Chapter 1 of the General Laws of Rhode Island, as amended, shall be excavated, drained, filled or otherwise disturbed. Nor shall any extraneous materials be placed into such wetland, or water flow diverted out of such wetland. Neither shall any other change or alteration be made to the natural condition of such wetland without a permit issued by the Rhode Island Department of Environmental Management under rules promulgated pursuant to said Title 2, Chapter 1.
j.
Coastal Resources. In any coastal area subject to the jurisdiction of the Rhode Island Coastal Resource Management Council, no construction of any building or structure and no alteration by filling, excavation or alteration of the natural land forms will be permitted without the approval of said Council.