This ordinance establishes overlay districts encompassing areas of the town where natural physical limitations render the land unsuitable for development without restrictions. These areas include coastal and freshwater wetlands, coastal waters and shorelines, lands characterized by a high water table or steep slopes, and floodprone lands. All development in such areas constitutes a special use and requires site plan review and approval in accordance with the provisions of section 16 or 18 of this ordinance.

The overlay districts defined in this section are generally delineated on the maps and overlay sheets entitled "Environmental Inventory—Town of Narragansett, Spring 1986." These maps and overlay sheets have been transcribed into digital format and form a part of the Narragansett Geographic Information System (NARGIS) and describe the town's topography, soils, hydrology, transportation, land use, zoning, and wetlands. They are intended to alert landowners that their property has limitations for development. The maps and overlay sheets are not a substitute for a site survey performed by a qualified biologist, ecologist, soil scientist, or hydrologist establishing the actual boundaries of the unsuitable lands.

(Ch. 811, § 1(4.1), 3-4-2002)

The "Environmental Inventory - Town of Narragansett, Spring 1986," prepared for the planning board by Searle and Searle with Tobey-Meader Associates under the authority of section 2-121(b) of the town Code, and the NARGIS files derived therefrom, is hereby adopted and made a part of this ordinance. The environmental inventory is filed in the offices of the planning division and the town clerk.

(Ch. 811(1), § 1(4.2), 3-4-2002)

Cross reference— Environment, ch. 22.

It is the policy of the State of Rhode Island and the Town of Narragansett to preserve and protect coastal and freshwater wetlands in the interests of the public health, safety, and general welfare of the community.

(1)

District defined. This [coastal and freshwater wetlands overlay] district is composed of coastal and freshwater swamps, marshes, ponds, bogs, intermittent and perennial streams, areas subject to storm flowage, areas subject to flooding, and other wetlands which serve such valuable natural functions as buffering storms; controlling flooding, erosion and sedimentation; providing spawning grounds and nurseries for economically valuable fish and shellfish; recharging groundwater; providing open space and habitat for wildlife and wildfowl; absorbing pollutants and purifying runoff; and creating opportunities for recreation, education and research. The coastal and freshwater wetlands overlay district also includes all land within 150 feet of the biological edge of the above wetlands as established by a wetlands biologist and verified by the applicable state regulating body.

For purposes of this ordinance, coastal wetlands includes, but is not limited to salt marshes bordering on tidal waters, and other areas as defined in CRMC Redbook (650-RICR-20-00-1). Freshwater wetlands include marshes, swamps, bogs, ponds, rivers, river and stream floodplains and banks, areas subject to flooding or storm flowage, and emergent and submergent plant communities in any body of freshwater including rivers and streams, as these lands and waters are defined in G.L. 1956, § 2-1-20, and any subsequent amendments thereto.

(2)

Prohibited uses. The following activities are prohibited in any coastal and freshwater wetlands:

a.

Excavate; drain; fill; place trash, garbage, sewage, highway runoff, drainage ditch effluents, earth, rock, borrow, gravel, sand, clay, peat, or other materials or effluents upon; divert water flows into or out of; dike; dam; divert; change; add to or take from or otherwise alter the character of any freshwater wetland, buffer, or floodplain as defined in § 2-1-20 without first obtaining the approval of the director of the department of environmental management; or

b.

Undertake any activity within a jurisdictional area, as defined in § 2-1-20, that may alter the character of the freshwater wetland, buffer, or floodplain without first obtaining the approval of the director of the department of environmental management.

(3)

Special use permit uses. A special use permit shall be required for the following activities in a coastal wetland where the proposed construction does not meet the development standards of subsection 4.3(4) below. Proposed construction must in addition comply with the requirements of the state coastal resources management council and state department of environmental management.

a.

Filling, dumping, depositing, draining, excavating, dredging, or removing or disturbing topsoil;

b.

Constructing structures, roads, parking areas, or other facilities;

c.

Installing sewer lines or water mains or other underground utilities;

d.

Diverting the flow or otherwise altering the course of a wetland or waterbody;

e.

Driving pilings or placing other obstructions (except utility poles);

f.

Digging wells;

g.

Undertaking any other new activity which directly or indirectly may substantially alter or impair the natural condition or function of any wetland.

(4)

Development standards. Any proposed use or development in a coastal wetlands overlay district must comply with the following development standards:

a.

For lots platted prior to August 7, 1989, in areas serviced by both sewers and water, structures, roads and land disturbance shall be set back 100 feet from the wetland edge;

b.

In all other areas, sewage disposal systems and land disturbance shall be set back 150 feet from any wetland edge except for areas subject to storm flowage and areas subject to flooding, which shall have a 50-foot setback;

c.

The proposed project will not obstruct floodways in any detrimental way, or reduce the net capacity of the site to retain floodwaters;

d.

The proposed project will not cause any sedimentation of wetlands, and will include all necessary and appropriate erosion and sediment control measures;

e.

The proposed project will not reduce the capacity of any wetlands to absorb pollutants;

f.

The proposed project will not degrade the biological, ecological, recreational, educational, and research values of any wetlands;

g.

The proposed project will not directly or indirectly degrade water quality in any wetlands or waterbody;

h.

The proposed project will not reduce the capacity of any wetlands to recharge groundwater;

i.

The proposed project will not degrade the value of any wetlands as spawning grounds and nurseries for fish and shellfish or habitat for wildlife and wildfowl.

(5)

Special review uses. The Town of Narragansett shall use the freshwater wetland overlay district and/or any information previously provided to the town to determine if a property is located within proximity to a freshwater wetland. Projects that are determined to be within the regulatory area as defined by RIDEM/CRMC, will be subject to state approvals and may be referred to RIDEM/CRMC ahead of any town permits, in order to first gain state approval. The town may, at its discretion, require any or all of the following in order to properly execute a building permit:

a.

A verified wetland edge and/or preliminary determination from either RIDEM or CRMC, depending upon jurisdictional authority.

b.

An approval from RIDEM, or CRMC, as applicable, prior to the issuance of a building permit. If the project necessitates any other zoning approval, such approval shall be necessary before issuance of a building permit from the town.

(Ch. 811(1), § 1(4.3), 3-4-2002; Ch. 1108, § 2, 6-19-2023)

Cross reference— Waterways, ch. 82.

(a)

District defined. The coastal resources overlay district is composed of (i) tidal waters and coastal salt ponds; (ii) shoreline features including coastal beaches and dunes, barrier beaches, coastal cliffs, bluffs, and banks, rocky shores, and manmade shorelines; and (iii) areas contiguous to shoreline features extending inland for 200 feet ("contiguous areas"), as these lands and waters are defined by the state coastal resources management council. Coastal resources have great and varied commercial, industrial, recreational, ecological, and aesthetic values which are threatened with destruction by unplanned and poorly planned development. It is the public policy of Rhode Island and the town to preserve, protect, develop, and restore coastal resources and their ecological systems in the interests of the public health, safety, and general welfare of the community.

(b)

Special use permit uses. The zoning board of review may grant a special use permit following site plan review and approval for the following activities in the coastal resources overlay district, provided the proposed project or activity complies with all applicable development standards and other requirements imposed by this ordinance and by the state coastal resources management council:

(1)

Filling, dumping, depositing, dredging, excavating, mining, grading, or removing or disturbing topsoil;

(2)

[Reserved];

(3)

Constructing structures, roads, parking areas, or other facilities;

(4)

Installing sewer lines, individual sewage disposal systems, or other underground utilities;

(5)

Constructing any marinas;

(6)

Installing structural or nonstructural shoreline protection measures such as seawalls and bulkheads;

(7)

Undertaking beach nourishment;

(8)

Discharging or introducing any pollutants or effluents, including runoff;

(9)

Disposing of solid waste.

(c)

Development standards. Any proposed use or development in a coastal resources overlay district must comply with the following development standards:

(1)

The proposed project will not interfere with public access to or use and enjoyment of tidal waters and shorelines features;

(2)

The proposed project will not degrade the aesthetic and recreational values of tidal waters or diminish the natural diversity of shoreline features;

(3)

The proposed project will not degrade existing water quality or adversely affect the circulation and flushing patterns of tidal waters, or diminish the value of tidal waters and shoreline features as habitats for fish, shellfish, wildlife, and wildfowl;

(4)

The proposed project will not increase the volume or velocity of stormwater runoff or sedimentation of tidal waters or exacerbate the potential for shoreline erosion or flooding;

(5)

The proposed project will not diminish the value of any shoreline feature as a storm and hurricane buffer;

(6)

Any filling, grading, excavating, and other land alteration will be the minimum necessary to construct the proposed project;

(7)

The proposed project will not pose any threat to public health, public safety, or property;

(8)

Except for foot paths and selective thinning of vegetation for view corridors as approved by CRMC, a 150-foot wide natural undisturbed buffer drawn from the inland edge of the coastal feature shall be required for "areas of critical concern" and "self sustaining lands" as these areas are defined by CRMC, and lands adjacent to Wesquage Pond and other poorly flushed estuarine areas. A 100-foot wide buffer is required for other areas fronting on other natural shoreline features in the coastal resource overlay district. Within these buffer areas all structures, roads, individual sewage disposal systems are prohibited, except as allowed by section 16 of this ordinance.

(Ch. 811(1), § 1(4.4), 3-4-2002)

Cross reference— Waterways, ch. 82.

(a)

District defined. This [high water table limitations overlay] district is composed of areas in which the water table is within three feet below the surface of the ground for significant periods of the year, creating moderate to severe limitations for subsurface development. In high water table limitations overlay district "A," the water table is generally within 18 inches of the surface of the ground. Areas included in district "A" are designated on the environmental inventory soils maps with the following symbols: Aa, Co, Mk, Re, Rc, Rf, Sb, Se, Sf, Wa, Ma, Me, Mc. In high water table limitations overlay district "B," the water table is generally between 18 inches and three feet below the surface of the ground. Areas included in district "B" are designated on the environmental inventory soils maps with the following symbols: Bc, Nt, PmA, PmB, PnB, RaA, RaB, RbB, StB, WbB, WhA, WhB, WoB, StB, Ss, Tb.

(b)

Prohibited uses. Underground fuel storage tanks are prohibited in districts "A" and "B."

(c)

Special review uses. The building inspector may issue a permit for in-ground swimming pools and basements in districts "A" and "B," provided the applicant submits detailed plans and an accompanying statement stamped by a registered professional engineer certifying that all applicable development standards have been met by the proposed development plans. The engineering department shall review all state approved individual sewage disposal systems in districts "A" and "B" to ensure they are properly distanced from all water and sewer lines and that they will be properly graded so as to not allow an increase in storm water runoff onto neighboring properties. The planning department shall review all state approved individual sewage disposal systems and associated architectural plans in districts "A" and "B" to ensure that the number of bedrooms that the system is designed for cannot be exceeded.

(d)

Development standards. Any proposed basement or in-ground swimming pool in high water table limitations overlay district must comply with the following development standards, in addition to all other applicable requirements of this ordinance:

(1)

The design of the subsurface structure or system minimizes the problems and hazards created by the high water table;

(2)

The high water table will not damage or interfere with the proper functioning of the subsurface structure or system;

(3)

The subsurface structure or system will not pose any threat to public health or safety or to the water resources of the town.

(e)

Site coverage standard. Structures, paving, and other impervious surfaces shall cover no more than the following percentages of the area of any lot in a high water table limitations overlay district:

In case of legally created dimensionally substandard lots of record, the maximum percentage of lot coverage shall be adjusted according to the ratio of the substandard lot to the minimum lot size in that zone. In case of lots in cluster subdivisions the maximum percentage of lot coverage shall be adjusted to conform to the standards for the zoning district nearest in area requirement to the actual area of the cluster lot in question.

(Ch. 811(1), § 1(4.5), 3-4-2002; Ch. 894, § 5, 11-5-2007; Ch. 1016, § 9, 5-2-2016; Ch. 1090, § 1, 2-22-2022; Ch. 1118, § 2, 12-18-2023)

(a)

District defined. The steep slope overlay district is composed of areas in which slopes exceed 15 percent, creating the potential for severe soil erosion and problems with the construction of buildings and the installation of individual sewage disposal systems. Land in this [steep slope overlay] district is designated on the environmental inventory soils maps with the following symbols: CaD, ChD, HkD.

(b)

Special use permit uses. (Reserved).

(c)

Special review uses. The building inspector may grant a permit for development in a steep slope overlay district, provided the applicant submits plans and a statement stamped by a registered professional engineer or qualified land surveyor that the project complies with all applicable development standards and other requirements of this ordinance.

(d)

Development standards. Any proposed project in a steep slope overlay district must comply with the following development standards:

(1)

The design of the project minimizes cuts, fills, and regrading to the maximum extent practicable;

(2)

All clearing, grading, and construction will be done in a manner which controls runoff and erosion to the maximum extent practicable;

(3)

Individual sewage disposal system leaching fields will parallel the general contours of the land;

(4)

The project will not result in any increase in the velocity or flow of runoff off-site or downstream;

(5)

Footings of all structures will extend to stable rock or soil.

(a)

Purpose. The purpose of this section of the ordinance 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. The Town of Narragansett elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended).

(b)

Applicability. This special flood hazard area overlay district contains special flood hazard areas, including floodways and coastal high hazard areas. Special flood hazard areas are subject to recurrent flooding which presents serious hazards to the health, safety, welfare, and property of the residents of the Town of Narragansett. Regulation of the development and alteration of such areas is thus in the public interest.

(1)

Special flood hazard areas. The special flood hazard areas are herein established as a floodplain overlay district (district). The district includes all special flood hazard areas within the Town of Narragansett designated as zone A, AE, AH, AO, A99, V, or VE on the Washington 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 Washington County FIRM that are wholly or partially within the Town of Narragansett are panel numbers 44009C118J, 44009C192J, 44009C194J, 44009C0206J, 44009C0208J, 44009C0211J, 44009C0212J, 44009C0213J, 44009C0214J, 44009C0307J, and 44009C0326J dated October 16, 2013, and panel numbers 44009C0114K, 44009C0202K, 44009C0203K, and 44009C0204K dated April 3, 2020. The exact boundaries of the district may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Washington County Flood Insurance Study (FIS) report dated April 3, 2020. The town manager's designee is responsible for floodplain management. The FIRM and FIS report and any revisions thereto are incorporated herein by reference and are on file with the town clerk, building official, and the department of community development.

CRMC STORMTOOLS design elevation maps: The Rhode Island Coastal Resources Management Council design elevation three foot sea level rise (CRMC SDE 3 SLR) map as being inundated during a 100 year storm referred to within the states building height definition, may be used in place of the FEMA FIRM maps where they represent a higher design flood elevation than the FEMA FIRM.

(2)

Administrative provisions.

a.

Building permit. All proposed construction or other development within a special flood hazard area shall require a permit.

b.

The National Flood Insurance Program Special Flood Hazard Area requires permits for all projects that meet the definition of development, not just "building" projects. Development projects include any filling, grading, excavation, mining, drilling, storage of materials, temporary stream crossings. If the construction or other development within a special flood hazard area is not covered by a building permit, all other non-structural activities shall be permitted by either the Rhode Island Coastal Resources Management Council and/or the Rhode Island Department of Environmental Management as applicable. Therefore, if another state agency issues a permit, the local building official must have the opportunity for input and keep a copy of the respective permit in their files. The application for a flood hazard development permit shall be submitted to the building official and shall include:

1.

The name and address of the applicant;

2.

An address and/or map indicating the location of the construction site;

3.

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;

4.

A statement of the intended use of the structure;

5.

A statement as to the type of sewage system proposed;

6.

Specification of dimensions of the proposed structures;

7.

The specific datum used for all elevations;

8.

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;

9.

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

10.

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

11.

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

c.

Prior to the issuance of a building 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.

d.

A permit fee (based on the cost of the construction) shall be required to be paid to the Town of Narragansett 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 need the assistance of a professional engineer.

e.

Disclaimer of liability. The degree of flood protection required by this section of the ordinance is considered reasonable but does not imply total flood protection.

f.

Severability. If any section, provision, or portion of this regulation is adjudged unconstitutional or invalid by a court, the remainder of this section shall not be affected.

g.

Abrogation and greater restriction. This section of the ordinance shall not in any way impair/remove the necessity of compliance with any other applicable laws, ordinances, regulations, etc. Where this section of the ordinance imposes a greater restriction, the provisions of this section shall control.

h.

Enforcement. The building official shall enforce all provisions as applicable in state and local building codes.

i.

Penalties. Every person who shall violate any provision of this code shall be subject to penalties put forth in state and local building codes.

(c)

Notification of watercourse alteration. In a riverine situation, the building official shall notify the following of any alteration or relocation of a watercourse:

(1)

Adjacent communities

(2)

NFIP State Coordinator

Rhode Island Emergency Management Agency

645 New London Avenue

Cranston, RI 02920

(3)

Risk Analysis Branch

Federal Emergency Management Agency, Region I

99 High Street, 6th Floor

Boston, MA 02110

The carrying capacity of the altered or relocated watercourse shall be maintained.

(d)

Use regulations.

(1)

Reference to existing regulations.

a.

The special flood hazard areas are established as a floodplain overlay district. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with the following:

1.

Rhode Island State Building Code (as established under G.L. ch. 23-27.3);

2.

Coastal Resources Management Act, Coastal Resource Management Council (G.L. ch. 46-23);

3.

Endangered Species Act, Rhode Island Department of Environmental Management (G.L. § 20-1-2);

4.

Freshwater Wetlands Act, Department of Environmental Management (G.L. § 2-1-18);

5.

Minimum Standards Related to Individual Sewage Disposal Systems, Department of Environmental Management (G.L. § 46-12);

6.

Water Quality Regulations, Rhode Island Department of Environmental Management (G.L. chs. 42-17.1, 42-17.6, and 46-12).

b.

Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.

(2)

Other use regulations.

a.

Within zones AH and AO on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.

b.

Within zones AO on the FIRM, new and substantially improved residential structures shall have the top of the lowest floor at least as high as the FIRM's depth number above the highest adjacent grade and nonresidential structures shall be elevated or floodproofed above the highest adjacent grade to at least as high as the depth number on the FIRM. On FIRMs without a depth number for the AO zone, structures shall be elevated or floodproofed to at least two feet above the highest adjacent grade.

c.

All subdivision proposals must be designed to assure that:

1.

Such proposals minimize flood damage;

2.

All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

3.

Adequate drainage is provided to reduce exposure to flood hazards.

d.

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

1.

The structure has a value less than $1,000.00.

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 not used for storage of hazardous materials.

4.

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

5.

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

6.

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

7.

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

8.

The structure must not increase the flood levels in the floodway.

e.

Existing contour intervals of site and elevations of existing structures must be included on plan proposal.

f.

The space below the lowest floor:

1.

Free of obstructions as described in FEMA Technical Bulletin 5 "Free of Obstruction Requirements for Buildings Located in Coastal High Hazard Area in Accordance with the National Flood Insurance Program";

2.

Constructed with open wood lattice-work, or insect screening intended to collapse under wind and water without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting piles or columns; or

3.

Designed with an enclosed area less than 300 square feet that is constructed with non-supporting breakaway walls that have a design safe loading resistance of not less than ten or more than 20 pounds per square foot.

(3)

Base flood elevation (BFE) and floodway data.

a.

Floodway data. In zones A, A1—30, and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

b.

Base flood elevation data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A zones.

c.

Base flood elevations in A zones. In the absence of FEMA BFE data and floodway data, the best available federal, state, local, or other BFE or floodway data shall be used as the basis for elevating residential and nonresidential structures to or above the base flood level and for floodproofing nonresidential structures to or above the base flood level.

(e)

Definitions. Unless otherwise specified, the definitions provided for below shall only be applicable to this section.

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 shallow flooding. A designated AO, AH, AR/AO, AR/AH, or VO zone on a community's flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

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, as established in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum where specified), 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."

Building height. For a vacant parcel of land, building height shall be measured from the average, existing-grade elevation where the foundation of the structure is proposed. For an existing structure, building height shall be measured from average grade taken from the outermost four corners of the existing foundation. In all cases, building height shall be measured to the top of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, chimneys, flag poles, and the like. For any property or structure located in a special flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the Rhode Island coastal resources management council (CRMC) suggested design elevation three foot sea level rise (CRMC SDE 3 SLR) map as being inundated during a 100 year storm, the greater of the following amounts, expressed in feet, shall be excluded from the building height calculation:

(i)

The base flood elevation on the FEMA FIRM plus up to five feet of any utilized or proposed freeboard, less the average existing grade elevation; or

(ii)

The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 100 year storm, less the average existing grade elevation. CRMC shall reevaluate the appropriate suggested design elevation map for the exclusion every ten years, or as otherwise necessary.

Coastal A zone. Area within a special flood hazard area, landward of a V Zone or landward of an open coast without mapped V Zones. The principal source of flooding must be astronomical tides, storm surges, seiches, or tsunamis, not riverine flooding. During the base flood conditions, the potential for breaking wave heights shall be greater than or equal to 1.5 feet.

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, costs to correct code violations subsequent to a violation notice, 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 other structures; mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

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).

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 insurance rate map (FIRM). The official map of a community on which the Federal Insurance Administrator has delineated both the special flood hazard areas (and the risk premium zones applicable to a community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

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.

Floodproofing. Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Freeboard. A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

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.

Highest adjacent grade (HAG). The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure. Any structure that is: (a) 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; (b) 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; (c) 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 (d) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior; or (2) directly by the Secretary of the Interior in states without approved programs.

Limit of moderate wave action (LiMWA). An advisory line indicating the limit of the 1.5-foot wave height during the base flood.

Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of [44 CFR] § 60.3.

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 "manufactured home" does not include a "recreational vehicle."

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.

New construction. Structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community 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: (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) 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."

Sheet flow area. See definition for "area of shallow flooding."

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. After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, zone A usually is refined into zones A, AO, AH, A1—30, AE, A99, AR, AR/A1—30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1—30, VE or V. For purposes of these regulations, the term "special flood hazard area" is synonymous in meaning with the phrase "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; nor 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. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

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

Substantial improvement. Any reconstruction, rehabilitation, addition or other improvements to a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include:

(1)

Any project 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 the "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 section of the 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 compliant with this section of the ordinance. Construction or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.

(Ch. 989, § 2, 10-15-2013; Ch. 1061, § 2, 2-19-2019, eff. 3-1-2019; Ch. 1072, §§ 2, 3, 1-6-2020; Ch. 1073, § 1, 1-21-2020, eff. 4-3-2020)

Editor's note— Ch. 989, § 2, adopted Oct. 15, 2013, repealed the former § 4.7 and enacted a new § 4.7 as set out herein. The former section pertained to similar subject matter and derived from Ch. 937, § 2, 10-4-2010.

1.

District defined. The Breakwater Village special district, located on the west side of Ocean Road, consists of Plat M, Lot 167-1 and includes those condominium units 1 through 172 as shown on plans prepared for Breakwater Village, Inc. by Paul N. Robinson Associates, Inc. dated April 1, 1991, provided, however, that the portion of Plat M, Lot 167-1 located on the south side of Shore Road and not included within the Condominium Association is excluded from the boundaries of the special district. The zoning map of the Town of Narragansett shall be amended accordingly.

2.

Purpose. The purpose of this special planning district is to recognize the particular development pattern and physical characteristics of Breakwater Village; to provide relief to the unit owners and to ease the burden on the town, in regards to the application of zoning dimensional regulations; and to ensure that future development is done in a manner consistent with the health, safety and welfare of the residents of Breakwater Village.

3.

Review by Breakwater Village Condominium Association required. Any unit owner seeking a building permit or requesting relief from the zoning board of review in the form of a variance or special use permit under the provisions of section 11 or 12, respectively, of this ordinance relating to the renovation of or improvement to the unit, dwelling, or the construction of an accessory structure, shall first have their [his] project reviewed by the Breakwater Village Condominium Association ("BVCA"). The review shall be conducted by the architectural review committee established under article 6 of the bylaws of the Breakwater Village Condominium. The review may be conducted either prior to or after the submission of a building permit application or zoning board application, provided, however, that no building permit shall be issued or zoning board hearing held until the applicant has either provided proof that the project has been reviewed by the BVCA or proof that the applicant has submitted his/her project to the BVCA and at least 60 days have passed from the date of submission and no action has been taken by the BVCA. If no recommendation is received within 60 days after submission to the BVCA, it shall be deemed to be a recommendation for approval and the application shall then be processed by the building official or zoning board of review, as applicable.

4.

Permitted uses. Within the Breakwater Village special district all single-family dwellings and their accessory structures existing on the effective date of this amendment shall be considered conforming to the provisions of the Narragansett Zoning Ordinance. No additional dwelling units may be constructed, placed, or installed in the District after the date of adoption of this ordinance. Within the Breakwater Village special district the following are permitted uses. All uses not expressly permitted are prohibited.

Any structure constructed, reconstructed, or altered through the variance or special exception/use permit process prior to the date of adoption of this section on November 20, 2000 may be altered or reconstructed irrespective of special conditions, and site plan specifications imposed by the zoning board of review, provided such alteration or reconstruction is in conformity with these regulations.

Permitted Uses for Breakwater Village Special District

5.

Dimensional regulations. The following dimensional regulations shall apply to all improvements, modifications, alterations and reconstructions of single-family dwellings and their accessory structures within the Breakwater Village special district:

* See subsection 4.8.1.6(d).

6.

Special conditions. Where applicable and in addition to the requirements of section 5 above, approval of any proposed improvement to a dwelling or accessory structure within the special district shall also be subject to the following conditions:

(a)

The minimum front yard setback along Follett Road shall be 23 feet. Those lots along Follett Road that are 10,000 square feet or greater, however, shall conform to a 29-foot front setback.

(b)

The improvement shall not diminish the available parking on the unit to less than two spaces.

(c)

Any expansion of the main structure, excluding decks, that is equal to or greater than 25 percent of the footprint existing as of the date of recording of the condominium declaration, shall require the granting of a special use permit from the Narragansett Zoning Board of Review.

(d)

Two-story structures may be allowed on lots of 2,000 square feet or less by granting of a special use permit when it can be proven by evidence placed on the record that site conditions, land availability for parking, outdoor activities and environmental impacts will be improved. In no case shall the second story on a lot of less than 2,000 square feet exceed 35 percent of gross floor area or 21 feet in height.

(e)

There shall be no flat roofs. The minimum roof pitch shall be 4/12 .

(f)

The zoning board of review, in reviewing requests for second story additions, shall consider the lot size, shape and proximity of the adjacent dwellings or structures. In granting any special use permit under this section the zoning board of review shall determine the appropriate height of the second story (not to exceed height limitations as set forth in subsection 4.8.1.5 above).

(g)

Connection to the Breakwater Village sewer system is required. No approval shall be granted from the zoning board of review nor any building permit issued by the building inspection division for any construction or improvement to a unit which is not connected to the sewer system. Evidence of connection shall be submitted with any application for either zoning relief or building permit.

(h)

Exterior or interior reconstruction of any unit dwelling which has an estimated cost of 25 percent or more of the replacement value of the dwelling must conform to the following fire protection measures, as specified in the state building code. For the purposes of this section, reconstruction shall include any changes in the framing or footprint of the unit dwelling, the replacement of doors or windows within existing openings, or the replacement of siding material.

(1)

Any side of the said dwelling which is impacted by the reconstruction and is located three feet or closer to the unit lot line shall have a one-hour fire resistant rating for both the interior and exterior walls under the provisions of section 302 of the R.I. State Building Code (CABO) for one- and two-family dwellings. All doors and windows shall have a three-quarter-hour fire resistant rating.

(2)

Any side of the said dwelling which is impacted by the reconstruction and is located between three and ten feet of the unit lot line shall have a one-hour fire resistant rating for the interior wall under the provisions of section 302 of the R.I. State Building Code (CABO) for one- and two-family dwellings. All doors and windows shall have a three-quarter-hour fire resistant rating.

(i)

Sheds. Sheds of up to 50 square feet in floor area shall be allowed a ⅓ reduction in side and/or rear setbacks.

(j)

Driveways. Shall be constructed of proper materials for vehicle parking (not grass) and specifically separated from other use areas of the site.

(k)

High water table determination. For all foundations deeper than four feet below natural grade, a water table test shall be conducted by an appropriate professional and submitted to the building official prior to any new construction or building expansion. Where it is determined that a high water table exists (within 36 inches of surface) all provisions of section 4.5 shall be met.

(l)

Sundecks. Sundecks of up to 8.7 percent of the proposed GFA shall be allowed without counting toward the property's gross floor area. Any sundeck or portion thereof that exceeds the 8.7 percent area allowance shall count toward the property's gross floor area.

7.

Public hearing notice requirement. Within the Breakwater Village special district the following notice requirements for a public hearing on an application for a variance or special use permit shall govern in place of the notice requirements regarding property owners as contained within section 11.3(2) of this ordinance:

(a)

All property owners of record of land within 200 feet of Plat M, Lot 167-1 shall be notified by first class mail at least 14 days prior to the hearing. The sender of the notice shall submit a notarized affidavit to attest to this mailing.

(b)

Within Plat M, Lot 167-1, all unit owners within 200 feet of the individual unit which is the subject of the application shall be notified by first class mail which shall be postmarked at least two weeks prior to the public hearing. The sender of the notice shall submit a notarized affidavit to attest to this mailing.

(c)

Supplemental notice shall be posted in the common area of the Breakwater Village Condominium Association ARC information center located at the mailbox area on Ocean Road at least two weeks prior to the public hearing and may also appear in the Breakwater Village Association newsletter.

(Ch. 799, § 1, 11-20-2000; Ch. 833, § 1, 5-19-2003; Ch. 894, §§ 1, 2, 11-5-2007; Ch. 908, §§ 1—3, 6-15-2009; Ch. 1016, § 3, 5-2-2016; Ch. 1117, § 3, 12-18-2023; Ch. 1118, §§ 3, 4, 12-18-2023)

(a)

District defined. The Port of Galilee special district consists of the commercial fishing village of Galilee, which includes the commercial waterfront along Point Judith Pond, and the adjoining mixed residential, commercial and recreational areas along Galilee Escape Road, Great Island Road, Sand Hill Cove Road and Galilee Connector Road. The boundaries of this special district are designated on the map titled "Port of Galilee Special District" attached to this ordinance.

(b)

Purpose. The purpose of this special planning district is to recognize the unique characteristics of Galilee, including its statewide importance as a commercial fishing port, and to achieve the goals of the Galilee Special District Plan, an addendum to the Narragansett Comprehensive Plan.

(c)

Special district zones. The Port of Galilee special district shall be comprised of the following zoning districts, including three zones which are unique to Galilee and which shall supercede any zones in place prior to the effective date of this special planning district:

(1)

Galilee — fishing zone (G-Fi). This zone is that area within the Port of Galilee special district which encompasses the developed waterfront and certain other areas which are to be used primarily for commercial fishing and related activities, and other water-dependent uses including charter fishing.

(2)

Galilee — ferry zone (G-Fe). This zone is that area within the developed waterfront of the Port of Galilee special district which is to be used for land-based activities supporting ferry service to Block Island.

(3)

Galilee — business zone (G-B). This zone is that area which comprises the general commercial and mixed-used area within the Port of Galilee special district which is to be used primarily for retail goods and services, commercial off-street parking and mixed uses.

(4)

Residence—20 zone (R-20). As defined in subsection 3.1 of this ordinance.

(5)

Public use zone (P). As defined in subsection 3.1 of this ordinance.

(d)

Use regulations. The following table of use regulations lists the uses applicable to each of the special district zones. Uses governing R-20 are delineated in section 6.1, use regulations. The uses applicable to the public use zone as shown below shall replace those delineated in section 6. The following symbols indicate the status of each use:

Any use not specifically listed shall be deemed to be prohibited within the Port of Galilee special district.

Marine-related uses specifically prohibited within the Port of Galilee special district shall include, but not be limited to, cargo handling facilities; boat building or the manufacture of marine products; boat storage and repair; and boat liveries (small boat rentals).

* The granting of a special use permit for a ferry service in the Galilee fishing zone is also subject to the provisions of subsection 12.19, standards for ferry services.

** The granting of a special use permit for seafood distribution and/or processing in the Galilee business zone is also subject to the provisions of subsection 12.20, standards for seafood distribution facilities and seafood processing plants.

*** Outdoor storage of commercial vehicles shall not include the temporary parking of trucks or buses waiting to board the ferry; such temporary parking shall not exceed 24 hours.

Hotel, retail and service uses specifically prohibited within the Port of Galilee special district shall include, but not be limited to, motel or tourist court; outdoor parking of major recreational vehicles and commercial vehicles (as a principal use); any drive-through use; packaged liquor store; and gasoline filling station.

* The expansion of any pre-existing nonconforming use within the G-Fi zone shall be subject to the provisions of subsection 10.2, standards for expansion of a nonconforming use in the Galilee fishing zone.

** There shall be no expansion of off-street parking lots into the property commonly known as the Galilee Bird Sanctuary.

*** A mixed parking garage/commercial structure shall consist of both commercial parking and retail and/or service uses in a single structure.

Wind generation facilities are specifically prohibited within the Port of Galilee special district.

(e)

Dimensional regulations. The following table of dimensional regulations lists the dimensional requirements applicable within the special district zones. Dimensional requirements governing uses in R-20 are delineated in subsection 6.4, dimensional regulations. No dimensional requirements have been established for uses in the public use zone.

Yard dimensions listed above shall be subject to the maintenance of a ten-foot wide fire lane where required by the Town of Narragansett.

* A hotel or inn that has a front porch may be located within six feet of the front lot line.

** Requires a pitched roof having a minimum slope of 8/12 ; no flat roofs are permitted.

(f)

Design and site plan review required. All redevelopment or new development occurring within the Port of Galilee special district that consists entirely or partially of commercial uses shall undergo design and site plan review by the Narragansett Planning Board under the provisions of section 18, site plan review. Such review shall occur regardless of the need for a variance or special use permit. In addition, approval by the planning board of all site, building and signage plans is required prior to the issuance of any state or local building permits.

Applicants proposing any new or expanded commercial or mixed-use development within the special district shall undergo a pre-submission conference with the planning division and submit a site plan with all applicable information as required under subsection 18.2. In addition, the applicant shall submit details of any proposed business sign indicating the dimensions and material, size of letters and logo, colors and type of illumination.

The following development standards shall be applied by the planning board in their review of new commercial and mixed-use development in the special district. These may be enhanced or further defined by more specific design standards as may be adopted from time to time by the Narragansett town Council for the Port of Galilee. All design elements of new development must be shown to be in keeping with the Galilee special district design standards.

(1)

Building placement and design.

(a)

A new building shall be placed as close as feasible to the street, no further than necessary or desirable from the five foot front yard setback. Building placement shall be planned so that a consistent setback is ultimately achieved notwithstanding preexisting setbacks which would be considered excessive under these standards. Benches and bicycle racks may be placed within the five-foot front yard setback.

(b)

The scale of the building, and the relationship of building masses with spaces, shall be compatible with the character of a traditional New England fishing village, or with architectural and development standards that the town determines suitable for the port area.

(c)

The building height, the roof design and pitch, the proportions of and relationships between doors and windows, and the relationship of the width to the front facade height (massing), shall be compatible with the style of a building in a traditional New England fishing village, or with architectural and development standards that the town determines suitable for the port area.

(d)

A building shall have the same materials, or those which are architecturally harmonious, used for all walls and other exterior building components.

(e)

Additions or alterations to an existing building should be complementary in scale to the original structure, and architectural details, including materials, colors and textures, shall be treated so as to be compatible with the original architectural style of the building, providing such details preserve and enhance the character of the surrounding area.

(f)

Mechanical equipment and utility hardware on the roof shall be screened from public view with materials harmonious to the building. Utility structures that cannot be placed on the roof shall be located so they are not visible from the street or public open space, and shall be screened with landscaping or materials that are compatible with the building.

(g)

When used, the design and size of exterior lighting and/or widow lighting shall be compatible with the building and the adjacent areas. Review of lighting features by the planning board shall include color, lumens, location, design and impact on adjacent properties.

(h)

All new or extended utilities in the Galilee business zone shall be installed underground.

(2)

Signage. The following standards for commercial signs in the special district shall supersede those regulations contained in subsection 7.18(i)(2), commercial signs. All new proposed commercial signage shall be subject to review by the planning board as part of the design and site plan review process.

(a)

One wall-mounted sign on the entrance facade shall be allowed per business unless there is also either a rear or side entrance to said business, in which case a second wall-mounted sign shall be allowed. The principal business sign shall not exceed 30 square feet in area nor 70 percent of the length of the entrance facade; the secondary business sign shall not exceed 15 square feet in area.

(b)

A projecting sign shall be allowed in place of a flush-wall mounted sign. The projecting sign shall have a minimum clearance of ten feet and shall not exceed 15 square feet in area.

(c)

One freestanding sign shall be allowed for either an individual business establishment which does not have an equivalent flush-wall or projecting sign, or for a multitenant building or plaza to provide joint identification of the occupant businesses. The freestanding sign shall be no more than ten feet in height and shall be set back at least four feet from any street or property line. An individual business freestanding sign shall not exceed 15 square feet in area; a multitenant freestanding sign shall not exceed 15 square feet in area for the building or plaza name, and two square feet in area for each business name. No individual freestanding signs shall be allowed for businesses in a multitenant building or plaza.

(d)

No sign, window opening, store facade, or the like shall be internally illuminated.

(3)

Site design and landscaping.

(a)

The layout and design of all means of vehicular and pedestrian circulation, including interior drives, parking areas and walkways, shall provide for safe interior circulation and separation of pedestrian, vehicular and service traffic.

(b)

The number of site entrances shall be the minimum necessary for effective traffic control, and sharing of access driveways and parking areas by adjoining properties shall be incorporated into the site design wherever possible.

(c)

Provisions for pedestrian movement, in the form of sidewalks or walkways, shall be made to allow for safe access between parking areas and retail establishments.

(d)

Bicycle parking facilities shall be provided at all commercial parking areas in the Galilee business zone designed for 50 or more cars, with a ratio of at least one bicycle space for each ten car spaces.

(e)

Landscape treatment shall be provided to enhance architectural features and improve aesthetics. The site shall be planned to achieve a desirable transition between the building and the street, with landscaping required and the use of pedestrian walkways, special lighting, benches and other amenities encouraged.

(f)

The amount of frontage along a street occupied by parking should be minimized for sites undergoing redevelopment, while all parking shall be placed behind the building(s), if practicable, for sites undergoing new development. No new parking areas shall be located within the front yard. If possible, all parking areas should be designed in small groups or courts to lessen visual impacts.

(g)

Parking lots that front on public streets shall be screened by landscaping or with walls or fencing a minimum of three feet in height. Walls and fences shall be of a scale and material appropriate to the site and surrounding area.

(h)

The interior of all paved parking areas within the Galilee business zone shall be enhanced with planted islands, with a minimum of one island for each 20 parking spaces. The planted islands shall be placed so as to prevent long rows of uninterrupted parking spaces and be designed to assist in treatment of stormwater runoff. All islands shall be surrounded by continuous raised curbing.

(i)

Plantings along the perimeter of parking areas and new streets should include either evergreen species, or street trees of at least 3.5-inch caliper planted at intervals of 35 feet. Planted islands may include shrubs, plants and other live vegetation, but should include one tree of at least three-inch caliper. Species to be selected shall be tolerant of high salt concentrations and heavy wind conditions.

(j)

Only nursery grown plant materials shall be accepted, and all trees, shrubs and ground covers shall be planted according to accepted horticultural standards. The owner shall be responsible for maintaining the landscaping and for replacing all dead or diseased plant materials on at least an annual basis. Failure to adequately maintain required plantings may result in such work being performed by the town at the owner's expense.

(k)

Screening of refuse areas, service and storage yards and exterior work areas shall be accomplished by use of walls, fencing, plantings or a combination of these.

(4)

Environmental inventory overlay district requirements. Proposed uses within the Port of Galilee special district shall be subject to the requirements of all applicable environmental inventory overlay districts as described in subsections 4.3 through 4.7 of this ordinance, except, however, a special use permit shall not be required for uses or activities as defined in the appropriate sections of the overlay district regulations. Review by the zoning board of review under the provisions of section 12, special use permits shall be replaced by review by the planning board under the provisions of section 18, site plan review. The planning board shall ensure that all applicable development standards of the overlay districts are complied with. The planning board shall also apply the standards contained in subsection 7.7, supplementary drainage requirements, relating to stormwater management and erosion and sediment control, in reviewing development proposals within the special district.

(5)

Parking requirements. Parking requirements for development within the Port of Galilee special district shall be reviewed on a case-by-case basis. As part of the site plan review of any new development, the applicant shall present a parking plan to the planning board that addresses existing parking, projected demand and a means of addressing this demand. The parking plan shall take into account available on-site and off-site parking. Shared parking among different businesses and uses is encouraged. Approval by the planning board of a parking plan for development within the special district shall supersede the parking standards contained in subsection 7.9, automobile parking space.

(Ch. 828, § 1(4), 2-3-2003; Ch. 1118, § 5, 12-18-2023)

(A)

Planned residence district defined.

The planned residence district (PRD) is a floating zone enabled under G.L. 1956, § 45-24-1 et seq. governed by the subdivision and land development regulations which may be applied with the consent of the town council and planning board in the R-10, R-20, R-40, and R-80 zoning districts. It is designed to allow for the redesign and replat of undeveloped plats of record containing legally recorded substandard lots in a manner consistent with the town's land use and natural resource protection goals as presented in the Narragansett Comprehensive Plan. The PRD is to be used in special situations where development of pre-existing subdivision designs would cause:

(1)

Unacceptable environmental impacts, including loss of valuable terrestrial or aquatic habitat, pollution of surface [water] or groundwater;

(2)

Flooding and drainage impacts on adjacent neighborhoods;

(3)

Unnecessary loss of green space;

(4)

Design problems that would negatively affect the town's utility and transportation systems; or

(5)

Otherwise interfere with the goals of Narragansett Comprehensive Plan.

The concept of the PRD is to allow for the transfer of development rights within the limits of the original plat, to form a residential cluster that affords maximum protection of wetlands and waterbodies and other areas unsuitable for development, while also allowing reasonable use of the areas suitable for development.

These provisions are designed to:

(a)

Create living environments of high quality and sustainability.

(b)

Conserve open space, natural habitats and environmental quality.

(c)

Provide diversity in housing choices.

(d)

Benefit traffic and pedestrian circulation.

(e)

Provide improved community design.

(f)

Make efficient use of town resources.

(g)

Preserve and enhance the community character and architectural heritage of Narragansett.

In order to make such innovative development plans feasible, certain development incentives may be allowed at the discretion of the town Council and the Planning Board.

These incentives may include:

(a)

Limited increases (no more than 20 percent in zoning density over that currently allowed in the zoning ordinance;

(b)

Increase in building coverage on lots within the development;

(c)

Reductions in dimensional setbacks;

(d)

Reductions in roadway widths serving the development;

(e)

Development increases (no more than 20 percent, right transfer from other properties, as applicable.

These incentives shall be given only upon careful review and acceptance of a thoroughly developed, unified plan for development of the property in conformity with the standards and procedures set forth below.

(B)

Development standards.

(a)

Uses permitted. Applications for planned residence districts may be submitted for property located in R-10, R-10A, R-20, R-40 and R-80 zones and be comprised of single-family, duplex, or multifamily development, and accessory uses as permitted by the zoning ordinance.

(b)

The property must have public water and public sewers, as allowed under the Town of Narragansett sewer policy. All utilities are to be underground, and provided at the sole expense of the developer.

(c)

The road system within the development shall be provided at the developer's sole expense. Waivers may be granted from the town construction standards with the approval of the planning board and town engineering department.

(d)

Zoning density of the development. The maximum increase in development density allowed under these provisions shall not exceed 20 percent of the figure obtained by an analysis of the number of grandfathered lots, and such lots that might be within the original plat that can be subdivided.

(e)

All common infrastructural elements including roads, utilities, parks, recreation facilities and drainage facilities, whether publicly or privately owned, shall be constructed prior to the sale of the first dwelling unit or bonded via appropriate performance guarantee in accordance with Section VII of the Narragansett Subdivision and Land Development Regulations, 1995 as amended.

Notwithstanding the above, the permissible density shall be limited by the ability of the design to meet the lot area and other dimensional requirements for the housing within the area suitable for development as determined by the planning board.

The zoning density shall be determined by the following method:

(a)

All substandard lots of record shall be combined according to section 8, substandard lots of record.

(b)

Any lots which would be legally subdivisible per zoning and the Narragansett Subdivision Regulations as determined by the planning board may be added to the above number.

(c)

Lots that are completely within the biological wetland edge as verified by the appropriate state agency having jurisdiction would be subtracted from the above total.

(d)

Depending on whether the applicant chooses to include elements that are eligible for density incentives, the above sum would be adjusted in accordance with the density incentives listed below.

(e)

The applicant then would have to present a plan to demonstrating that the potential density can be accommodated within the development envelope(s) including roads, greens, laneways, etc., according to the design guidelines and PRD dimensional requirements.

Density incentives. Density incentives may be granted according to the following criteria. The cumulative total of any combination of incentives shall be limited to 20 percent above base density.

(a)

For up to ten percent scattered site affordable housing units (either for rental or homeownership for a 30-year period, the base density may be increased proportionately up to ten percent. The design and outward appearance of such units must be in harmony with the other units in the development.

(b)

For use of multifamily structures to provide more efficient clustering, up to five percent increase may be allowed.

(c)

For the use of two-bedroom dwelling units a maximum increase of up to ten percent may be allowed.

(d)

Transfer of development rights from parcels outside the subject property. Development rights transfer from developable lots elsewhere in the Town of Narragansett located in coastal and freshwater wetlands overlay districts, coastal resource overlay districts, or areas within 200 feet of a "blue line stream" as identified by 1:24,000 series of the United States Geodetic Survey, and land within green belts as delineated in the Narragansett Comprehensive Plan may be proposed for inclusion in the density calculation. Development rights shall be secured by the town in the form of conservation easements as authorized under RIGL 34-39-1 through 5, or fee title transfer from the developer to the Town of Narragansett. To be accepted the developer must prove good title to the property and provide survey information acceptable to the town with the transfer. The inclusion of transferred development rights are authorized at the discretion of the planning board and town council are not as of right.

Dimensional incentives. In order to provide greater design flexibility, dimensional setback requirements may be adjusted up to 50 percent of the applicable multifamily or cluster dimensional setbacks presented in section 17.1 or 17.2 of the zoning ordinance. Such setback and lot coverage allowances shall be considered only as part of an overall site plan specially designed by registered architect and landscape architect, and shall apply only to development on the interior of the development. Such adjustments are authorized at the discretion of the planning board or town council as applicable, and are not as of right. Setbacks from the boundary or adjoining properties shall be no less than 40 feet for multifamily structures of more than four units, and for smaller buildings with fewer units shall be no less than the required rear setback of the adjoining property. Accessory structures may be placed directly on a property line provided they back up to similar structures on the adjacent lots within the development. Maximum building heights shall be 35 feet for principal structures and 25 feet for accessory structures.

(C)

Design guidelines. The Planned Residential District applicant shall employ registered design professionals, including landscape architects, engineers and architects and experts in other disciplines, as necessary, to arrive at a design that optimizes the sense of well-being and sense of place for the residents, maximizes the preservation of green space in the community development process, and minimizes the negative impacts of development on the surrounding neighborhoods, natural systems, and community character. The plan shall reflect, where applicable, community goals as embodied in the comprehensive plan. The planning board may require that the applicant escrow sufficient funds for the town to hire a design consultant to assist the planning board in evaluation the design.

PRDs shall present a design concept that extends throughout the planned neighborhood, and shall reflect and interpret traditional New England architectural styles to create a favorable environment for modern living. The planning board may require that the applicant provide funds to hire a professional consultant (architect, landscape architect or other design professional) to evaluate the proposed design.

Some of the design elements for PRDs shall include:

(a)

Buildings should be similar in materials to traditional village centers, and may include buildings with clapboard siding, cedar shingles, and fieldstone.

(b)

At least two-thirds of the buildings should have gabled roofs with pitches between 8/12 and 12/12 , with the orientation of gable ends either parallel or perpendicular to the street line.

(c)

Each house should front on a street or green with a pedestrian accessway.

(d)

Porches or landscape features should mediate between the public and private elements of each house lot. Covered porches may be built within 15 feet of front lot line, with fencing or hedge, within ten feet of front lot line.

(e)

Streets should be lined with tree plantings.

(f)

Neighborhood residents should reserve attractive, useable space for common use. Greens may be combined with street rights-of-way to conserve space.

(g)

Principal structures should have a minimum 1½ stories (24 and a maximum 35).

(h)

Where proposed development areas abut adjacent properties an evergreen visual buffer shall be established.

(i)

Multifamily dwellings shall resemble large single-family dwellings in architectural design.

(j)

Sidewalks.

Street and utility design.

(a)

Streets should be designed for pedestrian safety and residential security, bearing in mind that wide streets encourage speeding.

(b)

While two access points to developments is desirable from an emergency response perspective, carefully designed emergency accesses need not create cut-through opportunities for regular vehicular traffic.

(c)

Public sewers are required.

(d)

Public water is required.

Conservation design.

(a)

All coastal and freshwater wetlands shall be set aside in either common or public ownership.

(b)

Where possible, space for pedestrian trails and views should be provided.

(c)

Historic or cultural resources should be protected from destruction.

(d)

Natural habitats should be protected from disturbance or over use; green space should be maintained per a specific conservation plan.

(e)

Drainage facilities shall be designed and constructed to minimize increases in runoff and sedimentation and to mitigate pollution impacts.

(f)

Only non-invasive tree and shrub varieties should be selected. Grass varieties that need a minimum of upkeep and watering should be selected for green areas.

(g)

Fifty percent of total area of project shall be protected green space, inclusive of drainage ponds and swales and park space.

(D)

Procedure. The procedure for filing a PRD request shall be as follows:

(1)

The applicant shall first schedule a pre-application conference with the town planning staff, which may also include the planning board.

(2)

If the land that is the subject matter of the application is owned by one or more individuals or entities, then any and all applications submitted to the planning board and town council under this ordinance must be signed by all of the owners, and the owners must submit a signed statement indicating that they acknowledge that their land has been included in an application for consideration under this ordinance, that they authorize the inclusion of their land in the application, and they agree to be bound by any terms and conditions that may be imposed by the Town of Narragansett during the course of its review of the application.

(3)

The applicant shall then file a request under this section and sections 20, 21 and 22 of the zoning ordinance to the town council for a hearing on an amendment to the zoning map to allow a planned residence district.

(4)

The town council shall act on the request and may then set a date for a hearing on the petition, and refer the plans to the planning board for a recommendation. The planning board shall hear the proposal based on the informational requirements of the master plan stage of review according to the subdivision and land development regulations.

(5)

Upon approval of the master plan by the planning board, the planning board shall refer the matter back with its recommendation to the town council for the zoning hearing.

(6)

The town council shall then hear the zoning petition and act to grant conditional approval with or without modifications, or to deny the petition. Final approval of the petition shall be conditioned upon completion of preliminary and final review stages of the development plan by the planning board under the subdivision and land development regulations.

(7)

Upon final approval by the planning board the zone change shall be scheduled for first and second readings by the town council.

(8)

Amendments to an approved PRD:

a.

Minor. The planning board shall be empowered to approve amendments to the site plan or building(s) design of a recorded PRD provided the request conforms to one or more of the following specifications:

1.

Additions not exceeding 12 percent of any single building footprint or six percent of said building's total floor area, whichever is less, provided no dimensional relief is necessary. In the case of condominiums, this standard shall apply only to the applicant's unit;

2.

Reduction in size/area of buildings;

3.

Changes in driveway/parking design that do not reduce compliance with zoning requirements and do not exceed allowable lot coverage;

4.

Landscaping/site amenities. Improvements that do not reduce perimeter buffering or violate any specific requirement or condition on record with the town.

b.

Major. Significant site design or building revisions that do not meet one or more of the criteria in subsection a above, shall require approval by the town council subsequent to public hearing.

c.

Procedure. Minor amendments shall be reviewed as final plan amendments before the planning board without the necessity of a public hearing. Major amendments shall require a public hearing before the town council and subsequent final plan review by the planning board.

d.

Recording. Any and all revisions approved as minor or major amendments to a recorded PRD shall be recorded in the town land evidence records following the appropriate approval process. Said amendments may take the form of maps, graphics, or text.

(E)

PRD dimensional guidelines.

Minimum lot size for detached single-family dwelling: 5,000 square feet

Minimum lot area per unit for multifamily dwelling or duplex: 3,500 square feet

(Ch. 830, § 1, 2-18-2003; Ch. 894, § 4, 11-05-2007; Ch. 897, § 1, 5-5-2008; Ch. 1118, § 6, 12-18-2023)