(a)

Overlay districts establish additional requirements for the primary zoning districts based upon specific hazards and problems outlined in the Soil Survey of Rhode Island prepared by the United States Department of Agriculture, Soil Conservation Service; the flood insurance rate maps for the town published by the Federal Emergency Management Agency dated February 16, 1983, as amended from time to time; and in the report of the United States Geological Survey on groundwater resources.

(b)

The administrative officer of this chapter shall determine when an overlay district and its requirements regulate the granting of a building permit. The location of the primary structure shall determine the application of overlay requirements. An engineering soil survey to determine suitability of land for development, upon review of the soil conservation service, shall supersede the overlay district map.

(Rev. Ords. 1974, § 17-8-1; Ord. No. 83-1, § 1, 1-24-1983)

(a)

Within the limits of the overlay districts, all requirements set forth in the primary district shall apply with the enumerated additions, exceptions and conditions.

(b)

The zoning board shall request the soil and water conservation district to make available expert assistance from those agencies that are assisting such district under a memorandum of understanding. Site plans must be approved by the planning director and town engineer before a building permit can be issued.

(c)

Permission to alter a wetland does not alter the restrictions of any overlay district.

(Rev. Ords. 1974, § 17-8-2; Ord. No. 94-12, § 1, 6-27-1994)

(a)

Designation. The very severe limitations district shall include all lands designated on map sheets of the soil survey of the town by the following symbols:

(b)

Characteristics. All soils designated by the symbols in subsection (a) of this section have very severe high water tables, peat and muck, tidal marsh or a flood hazard.

(c)

Permitted use. Permitted uses are any uses permitted in the primary zoning district which do not require a basement or a subsoil sewage disposal system.

(Rev. Ords. 1974, § 17-8-3; Ord. No. 98-7, 5-11-1998)

(a)

Designation. The severe limitations district shall include all lands designated on map sheets of the soil survey of the town as having severe limitations and including the following symbols:

(b)

Characteristics. All soils designated by the symbols in subsection (a) of this section have periodic or constant high water tables, very slow permeability, severe fragipan, severe stoniness or shallow depths to bedrock, conditions which severely limit the proper functioning of on-site sewage disposal systems.

(c)

Permitted uses. Permitted uses are any uses permitted by the primary zoning district.

(d)

Minimum restrictions. No lot shall be recorded as a building lot in the land evidence records with any portion in a severe limitations district unless: (i) public sewerage or (ii) approval for an on-site sewage disposal system has been received from the state department of health.

(Rev. Ords. 1974, § 17-8-4; Ord. No. 98-7, 5-11-1998)

(a)

Designation. The steep slope overlay district shall include all lands designated on map sheets of the soil survey of the town by the following symbols:

(b)

Characteristics. The soils designated in subsection (a) of this section pose special problems in building construction and may be subject to severe erosion. On-site sewage disposal systems must be carefully installed.

(c)

Permitted uses. Permitted uses include any uses which are permitted by the primary zoning district, provided:

(1)

The proposed structure shall be of sound engineering design with footings designed to extend to stable rock or soil.

(2)

Access roads and other land clearing shall be designed to avoid excessive erosion and to maintain scenic values.

(3)

Leaching fields are laid out with consideration for the slope and contours of the land.

(d)

Site plan. All proposed uses shall submit a site plan for approval by the town engineer and the planning director.

(Rev. Ords. 1974, § 17-8-5; Ord. No. 98-7, 5-11-1998)

(a)

Findings. The groundwater underlying the town is the sole source of its existing and future drinking water supply. Discharges of toxic and hazardous materials and septic system effluent threaten the quality of this groundwater supply and hydrologically connected surface waters, posing potential public health and safety hazards and threatening economic losses to the community. Additionally, the preservation and protection of natural areas is critical to groundwater quality and quantity as these natural areas are the most efficient environments for both recharge of the aquifer and attenuation of pollutants that may threaten it.

(b)

Purpose. The purpose of this section is to:

(1)

Protect the health, safety and welfare of the public;

(2)

Protect the public drinking water supply in the town from the effects of high intensity land development and from potentially hazardous materials associated with specific land uses;

(3)

Protect, preserve and maintain the quality and quantity of the groundwater supply; and

(4)

Emphasize the importance of the acquisition of land located within wellhead protection areas and/or the transfer of development rights from wellhead protection areas to appropriate locations.

(c)

Criteria for designation of groundwater protection overlay zones. The designated zones described in this subsection have been mapped based on the best available scientific information. The most current RIDEM groundwater classification map and wellhead protection area map included in the RIDEM Groundwater Quality Rules (250-RICR-150-05-3) will be utilized. The characteristics of soils and subsoils in these areas are such that any use introducing pollutants, contaminants, or waste into the natural drainage system could adversely affect the quality of municipal drinking water sources. The groundwater recharge and wellhead protection overlay district zones are as follows:

(1)

Wellhead protection overlay zone:

Designation: The wellhead protection overlay zones for community water supply wells are areas underlain by groundwater classified GAA by the Rhode Island Department of Environmental Management (RIDEM) pursuant to Rule 3.9(A)(1) of the Groundwater Quality Rules (250-RICR-150-05-3). All of North Kingstown's municipal wells are completed in stratified drift; the wellhead protection overlay zones were determined using an analytical model for delineation of well capture zones in stratified drift and hydrogeologic mapping of the upgradient till deposits.

These areas directly contribute recharge to our municipal wells, making them critical to the protection of our drinking water quality.

(2)

Groundwater recharge overlay zone:

Designation: The groundwater recharge overlay zone includes all land in the town corresponding to groundwater reservoirs and portions of their recharge areas classified GAA by RIDEM pursuant to Rule 3.9(A)(1) of the Groundwater Quality Rules (250-RICR-150-05-3).

a.

Only those portions of a lot located in a wellhead protection overlay zone or groundwater recharge overlay zone shall be subject to the requirements of section 21-186.

b.

Requests to change an established wellhead protection or groundwater recharge overlay zone's boundary must be made in accordance with §3.10 of RIDEM Groundwater Quality Rules (250-RICR-150-05-3) and will only be affected with RIDEM approval.

(d)

Permitted uses in the groundwater recharge and wellhead protection overlay districts. All uses permitted in the underlying districts shall be permitted in the groundwater recharge and wellhead protection overlay districts subject to the development criteria listed in (d)(1)—(d)(5) below. However, these development criteria shall not apply to development that will be connected to a centralized sewer system.

(1)

The average density of any residential development shall not exceed four bedrooms per two acres. No density bonuses shall be granted in wellhead protection and groundwater recharge zones.

(2)

All new development within the wellhead protection overlay zones must be served by a RIDEM approved nitrogen reducing onsite wastewater treatment technology (OWTS).

(3)

All new commercial and industrial development must show that the nitrate loading standard of five mg/L can be met on site.

(4)

For the purpose of determining nitrogen loading, where separate commercial and residential operations share a common denitrifying OWTS, the portion of the design flow attributed to residential use shall be assigned a nutrient loading coefficient of 31 mg/L in wastewater effluent. The portion of the design flow attributed to high strength wastewater uses shall be assigned a nutrient loading coefficient of 40 mg/L.

(5)

On residential lots that are nonconforming by area (square footage) and where municipal sewers are not available, for all new construction, alteration, additions, expansions, enlargements or intensifications for which the RIDEM determines that an upgrade to the OWTS is required, the upgraded system must include the installation of RIDEM approved nitrogen reducing OWTS.

(e)

Regulated and prohibited land use activities in the groundwater recharge and wellhead protection overlay districts.

(1)

Any use or accessory use which is not permitted as a permitted use or by special use permit in the underlying zoning district is prohibited in the groundwater recharge and wellhead protection overlay districts.

(2)

Any use that includes the use or storage of materials, chemicals or petroleum products that pose a risk to the underlying groundwater must include groundwater contour information and the installation of groundwater monitoring wells. Predevelopment water quality data will be required and a monitoring plan for targeted constituents will be a condition of approval.

(3)

Emerging contaminants of concern will be considered/regulated as health standards become available.

[Regulated and prohibited land use activities in the groundwater recharge and wellhead protection overlay districts.]

[Key]

Y = Permitted use
N = Prohibited use
S = Special use permit required
AR = Administrative Review

¹ Number and location of required monitoring wells will be determined by the director of water supply in consultation with the town engineer or a suitable designee.

*All permitted and special use permits must include the use of best available control technology.

End notes:

(1) These prohibitions and/or permit requirements shall not apply, however, to uses accessory to on-site agricultural operations as that term is defined in RIGL 1956, § 2-23-4 or any amendment thereto on any lot on which, as of October 5, 1998, agricultural operations were being performed as a primary use.

(2) Gravel extraction, gravel mining and mineral deposit removal, except as part of preparation for an approved development project or an existing licensed removal site, providing that the following conditions are met:

a. All conditions as required by chapter 16, entitled, "soil and earth removal," are complied with.

b. Excavation for removal of earth, sand, gravel and other soils shall be no closer than eight feet above the maximum groundwater table.

(3) Where excavation is allowed with development plan review approval, excavation shall be the least amount necessary in order to maximize the distance to the groundwater table. Best management practices shall be utilized.

(4) Except where part of an approved final development/site plan or approved building permit or performed in the normal course of maintenance or operation of a permitted use, or where the use of the land is for the primary purpose of agriculture. Fill material needs to meet the residential direct exposure (RDEC) criteria in the RIDEM Office of Waste Management Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (250-RICR-140-30-1). This prohibition is due to the fact that there are no practical methods to conclusively ensure the complete absence of contaminants in fill brought from offsite.

(5) Provided, however, that the zoning board of review may require effluent separation and the installation of separate waste disposal systems for the disposal of toilet and bath facilities' waste and for the disposal of waste from all other sources on the premises.

(6) The commercial storage for resale of paint, thinners, lacquers, chemical strippers, chemical preservatives, pesticides and fertilizers as accessory to a primary permitted use only.

(7) Except horticultural waste from on-site agricultural operations.

(8) It is the intent of this section to prohibit vehicle maintenance, airplane, boat, truck maintenance and/or small engine service stations and gas stations as a primary use. Vehicle maintenance may be allowed by special use permit when accessory to a permitted or special use activity. Such repair/maintenance activities shall be conditioned on the use of the best available control technologies (BACTs) and best management practices (BMPs) that protect and monitor water quality. The developer will be required to provide for oversight/monitoring of repair facilities by a mutually agreed upon qualified entity.

(9) Except where accessory to an on-site agricultural operation as defined in end note (1).

(10) Provided, however, car and truck cleaning may be allowed by special use permit where accessory to a permitted use or a use allowed by special use permit; however, BACTs and BMPs shall be used and water reclamation/recycling shall be required. The number of vehicles may be conditioned by the zoning board of review.

(11) Provided, however, that quantities of the substances described in this section not to exceed 55 gallons or 250 pounds dry weight may be stored on the premises, if the water department determines that the storage of the substance(s) does not constitute a potential for degradation of surface water or groundwater resources in the area and there is compliance with the following requirements:

a. The total quantity of all of the hazardous materials stored on the premises shall not exceed 55 gallons or 250 pounds dry weight.

b. The hazardous materials stored on the premises shall only be used for office or business use.

c. All hazardous materials stored on the premises shall be contained in a suitable storage area which shall be approved by the building official.

(12) Replacement or upgrade of preexisting storage facilities shall be exempt from this provision, provided that any such replacement of a preexisting storage facility shall not, without the grant of a special use permit, exceed 125 percent of the tank size total capacity existing as of the effective date of the ordinance from which this section derives, and all such replacements shall be required to obtain all necessary permits and licenses from the state department of environmental management and the town.

(13) Aboveground storage tanks located outside shall be placed on an impervious surface and have containment dikes or berms surrounding them. Containment systems shall be designed in accordance with Federal Rule 40 CFR 112. Containment dikes shall be coated concrete or metal or equivalent materials and shall be large enough to contain 110 percent of the tank capacity. Storage tanks located inside buildings shall be placed on an impervious surface which shall be bermed to retain spillage. RIDEM-approved double walled tanks with interstitial alarm may be permitted in place of dikes or berms. Storage tanks permitted by this section shall be located either outside of the building and aboveground or within the building for which the petroleum product is providing heat.

(14) New automobile dealerships may be allowed in a groundwater recharge overlay zone where existing conditions would preclude future water supply development. Applicant must demonstrate that existing water quality would be protected.

(15) Such systems shall be conditioned on the use of the BACTs and BMPs that protect water quality.

(16) Provided however BMPs shall be used in the siting and containment of the propane or liquefied petroleum gas. Aboveground outside storage tanks need not be enclosed within a roofed three-sided structure. The propane or liquefied petroleum gas storage shall be in compliance with the National Fire Protection Association standards, applicable groundwater recharge and wellhead protection overlay district standards and subsection 21-279(d)(13)d.

(17) For establishments that utilize an OWTS and will perform hair coloring, dying, straightening, intensive conditioning, perms, manicures, chemical based treatments or other procedures that require the use of chemicals, solvents, or other similar materials, all sinks and hair washing stations must be plumbed directly into a holding tank. This holding tank will be separate from the required OWTS in areas where municipal sewer services are not available. Copies of the chemical manifest and product purchases, as well as reporting of the pumping out of the holding tank shall be submitted to the North Kingstown Department of Water Supply on a quarterly basis.

(4)

Groundwater recharge and wellhead protection overlay district administrative review approval required.

a.

Procedures for approval are as follows: The administrative officer may determine that certain land use activities as indicated in subsection (e) above that meet specific criteria for the protection of groundwater quality and quantity are exempt from the requirements of the development plan review, except where the approval of the zoning board of review is required. These uses may be permitted conditioned on specific BMP and BACT and/or other conditions to protect groundwater quality and quantity as required by the director of planning after review by technical staff.

(f)

Review procedures for development proposals located in the groundwater recharge and wellhead protection overlay districts.

(1)

Special use permits. Where consistent with the definition of the district or reasonably necessary for the public convenience and welfare, certain land use activities noted in subsection (e) above may be granted by special use permit by the zoning board of review in a wellhead protection overlay zone or a groundwater recharge overlay zone, following development plan/site plan approval and recommendation by the planning commission.

(2)

Criteria for special use permits. In addition to any other requirements imposed by this chapter or any other applicable sections of this chapter, all special uses shall comply with the following design criteria:

a.

The storage of any toxic or hazardous materials that are permitted by this chapter shall be stored indoors on impervious surfaces which shall be bermed to retain any spillage, and in accordance with all other applicable regulations.

b.

No floor drains shall be permitted.

c.

All site plans submitted for review shall, in addition to all other materials, include for approval by the planning commission a hazardous material handling and contingency plan and a waste management plan specific to the proposed use.

(3)

Land development and development plan review.

a.

All uses proposed to be located in the wellhead protection overlay zone or groundwater recharge overlay zone shall be reviewed in accordance with sections 21-133 or 21-284 of this Code as applicable. Evidence shall be submitted to the satisfaction of the planning commission that the proposed use will not cause contaminants to enter the groundwater in concentrations that could impair the use of the groundwater as a drinking water supply (cross reference chapter 8, article VII). Note: certain site/building improvements that have no effect on groundwater quality as determined by administrative review may not require site plan review by the planning commission.

b.

At the request of the director of planning and development, the planning commission or zoning board of review, applications may be referred to existing town committees, commissions or boards or outside expertise, at the expense of the applicant, for a report of findings and recommendations.

c.

In addition to the standard plan review submission requirements, the following shall be provided for proposals to be located in the wellhead protection overlay zones and groundwater recharge overlay zones:

1.

Existing and proposed water sources and volumes of projected water use.

2.

Location and description of any proposed facilities for refuse storage and disposal.

3.

Location and brief description of existing vegetation, topographic features, and water bodies and wetlands.

4.

Location of public wells within 400 feet and private water supply wells within 200 feet of the subject property.

(g)

In granting approval for applications located within a wellhead protection overlay zone or groundwater recharge overlay zone, the following shall be considered by the reviewing body and applied in the decision-making process:

(1)

Adequacy and suitability of the site for the proposed use, including the availability of utilities and other public services.

(2)

Demonstration of the use of currently accepted best available control technology (see subsections (h) and (i)).

(3)

Adequacy of sewage treatment method, water source and stormwater management.

(4)

Proposed groundwater withdrawals.

(5)

Nitrate-nitrogen loading pursuant to article VII of chapter 8 pertaining to groundwater reservoirs and recharge areas. Applicants must provide data regarding ambient water quality nitrate levels.

(6)

Soil erosion and sediment control plans.

(7)

Provision of appropriate natural buffers for wetlands and surface water bodies.

(8)

Impact on public and private water supplies.

(9)

Storage of any potentially hazardous material and a hazardous materials contingency plan for these materials.

(10)

The ability to meet standards contained in article VII of chapter 8 pertaining to groundwater reservoirs and recharge areas.

(h)

Nutrient loading calculations performed as part of any permit submittal shall incorporate the following assumptions:

Table 1: Loading numbers for nitrogen sources^{1, 2}

¹ These coefficients will be consistent with any amendments made to the source information as the technology changes.
² The town will inquire about updates to these numbers yearly.

*Innovative technology expected to reduce nitrogen loading by 50 percent.

For the purposes of any residential lots included in nitrogen loading calculations, any land that is not covered by a structure or other permanent surface as part of the development proposal shall be considered "turf" for the purposes of these calculations unless otherwise determined by the town during review. The burden of proof shall be on the applicant to demonstrate that these areas should be considered something other than turf based on unique site conditions. Conditions that should warrant a different designation for these areas may include, but shall not be limited to, the presence of exposed ledge, wetland, easements or other legal agreements that would specifically preclude the establishment of turf. Physical permanent boundary markers shall be installed to indicate the boundaries of turf and natural areas.

Table 2: Recharge Numbers for Nitrogen Dilution

(1)

Submittal requirements for projects subject to the section 21-186—Groundwater recharge and wellhead protection overlay districts.

a.

North arrow, locus plan, title block, including scale, date, name of owner, name of development, name of designer, architect, engineer or surveyor. Plans must include professional stamp showing license number.

b.

Narrative explaining proposed uses including BACT and BMP for the protection of groundwater.

c.

Supporting documentation including soil/groundwater sampling and analysis results, soil evaluation or test pit information, or other information needed to evaluate impact to groundwater resources or drinking water quality.

d.

Nutrient loading evaluation.

(i)

Addition, enlargement or expansion of a permitted use on nonconforming lots in the groundwater recharge and wellhead protection overlay districts. On residential lots that are nonconforming by area (square footage) and where municipal sewers are not available, for all additions, expansions, enlargements or intensifications for which the RIDEM determines that an upgrade to the OWTS is required, the upgraded system must include the installation of a RIDEM approved nitrogen reducing technology for on-site treatment of wastewater.

(j)

Addition, enlargement or expansion of nonconforming uses in the groundwater recharge and wellhead protection overlay districts.

(1)

Nonconforming uses. Nonconforming uses are those uses that were lawfully existing or in receipt of a building permit prior to the first publication of notice of public hearing for the ordinance from which this amendment derives. Any expansion or change in use shall be subject to this section.

(2)

Special use permit for enlargement. The zoning board of review may grant a special use permit for the enlargement of an existing building or structure located in a groundwater recharge and wellhead protection overlay districts which constitutes a nonconforming use consistent with section 21-308.

(k)

Best available control technology.

(1)

Recommendations and guidelines. All applicants for activities in groundwater recharge and wellhead protection overlay districts shall follow the recommendations and guidelines contained in the documents listed below. Where any applicable standards in the Post Road district conflict with those listed in these publications, the standards for the Post Road district shall apply.

a.

Current Rhode Island Soil Erosion and Sediment Control Handbook, as amended.

b.

Current State of Rhode Island Stormwater Design and Installation Standards Manual, as amended.

c.

Controlling Urban Runoff: A Practical Manual for Planning and Designing Urban BMPs, by the Metropolitan Washington Council of Governments, 1987, as amended.

d.

The USEPA Office of Water Publication Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters, 1993, as amended.

e.

The RIDEM OWTS Rules and associated Soil Evaluation Guidance Document.

(l)

Demonstration of use. In addition to subsection (a) of this section, all applicants shall demonstrate the use of the BMPs:

(1)

Maintenance. Approval of all facilities and structures shall be conditioned on the use of BMPs and constructed in accordance with current industry installation standards. Facilities/structures shall be maintained by the owner and/or operator to ensure the ability of such facilities and structures to function as designed to protect groundwater. Annual compliance reports shall be submitted to the town. Failure to properly maintain such facilities and structures shall constitute a violation of this section and shall be subject to enforcement action of the town.

(2)

Secondary containment. Use of a berm, dike, wall or other physical means shall be used to contain spilled material and reduce or eliminate interception of overland flow of stormwater during and following precipitation events. Containment must be designed sufficient to contain ten percent of the total volume of all containers of hazardous materials and/or substances stored or 110 percent of the largest container, whichever is greater. All aboveground tanks must be bermed and the planning commission must approve adequate containment measures (1) and (13).

(3)

Blocking of existing interior floor drains; design of new buildings without floor drains/sumps. All existing structures with a potential for the release of hazardous materials/substances to the environment via a floor drain or sump must ensure that such exit routes are maintained blocked (e.g., spill mats, berms, etc.) to prevent the release or accumulation of material. All new structures that utilize such materials must be designed without drains and/or sumps.

(4)

Prohibited outdoor unenclosed hazardous material and pesticide storage. Hazardous materials/substances and pesticides must be stored in a three-sided structure with a roof and a means to prevent the influx and/or flow of precipitation and overland flow into the structure.

(5)

Fertilizer storage. The storage of fertilizers is prohibited when not provided with a means to prevent the influx and/or flow of precipitation and overland flow.

(6)

UST compliance; retrofitting of existing USTs and prohibition of the installation of new USTs. All existing underground storage tanks (USTs) used to store hazardous materials/substances/petroleum products must be retrofitted in accordance with the requirements specified in the RIDEM regulations for underground storage facilities used for petroleum products and hazardous materials (250-RICR-140-25-1). Installation of all new USTs is prohibited.

(7)

Cover and secondary containment for loading/unloading areas. All areas utilized for the loading/unloading/transfer of hazardous materials/substances/petroleum products must be provided with sufficient overhead and side cover to prevent the influx of precipitation and overland flow and sufficient secondary containment (via berms, dikes, negative berms, etc.) to prevent the release of the material to the environment.

(8)

Density restrictions for unsewered areas. There shall be a limitation on the average density of development to four bedrooms per two acres for all residential structures located in areas not served by municipal sewers. Density bonuses shall not be granted in groundwater recharge and wellhead protection overlay districts.

(9)

Facility spill prevention. Development of a facility spill prevention plan for all facilities utilizing hazardous materials/hazardous substances, and/or petroleum products shall be required. The plan shall be developed in accordance with the minimum requirements of Rhode Island Rule 5.02 Contingency Plan Requirements. Note: This requirement does not preclude or substitute for any potentially applicable requirements of the Rhode Island Oil Pollution Prevention Regulation, RIGL 1956, chs. 46-12, 42-17.1 and 42-35 or USEPA Spill Prevention Control and Countermeasure Plan (SPCC), 40 CFR 112.

(10)

Mandatory inspection and pumping of onsite wastewater treatment systems (OWTS). Inspection and pumping of OWTS located in groundwater recharge and wellhead protection overlay districts shall be required. Such pumping and inspection shall be consistent with any applicable sections of this Code or town ordinances pertaining to wastewater management.

(11)

Surface stormwater runoff controls. The use of on-site surface stormwater runoff controls to both prevent the potential for releases of hazardous materials/substances, oil, fertilizers or pesticides to the environment and if deemed necessary to provide for appropriate discharge off site shall be required. Controls may include such structures as trench drains, berms, retention ponds, vegetated buffer areas, etc.

(12)

Mandatory monitoring of wells. The installation and/or use of existing wells to monitor for the presence of specified pollutant parameters shall be required.

(13)

Denitrification systems. The development shall use a denitrification septic system for the on-site treatment of domestic wastewater. Denitrification systems must have the approval of the RIDEM, Office of Water Resources, Onsite Wastewater Treatment Systems Program. Due to required maintenance and monitoring of denitrification systems, all denitrification systems must be noted on the deed to the lot to ensure knowledge, recognition and maintenance of the system at the time of sale. In addition, all commercial and shared residential systems must provide maintenance and monitoring reports to the North Kingstown Department of Water Supply on a yearly basis.

(m)

Creation or modification of lots. Upon the creation or modification of lots from a lot that was in an existing groundwater recharge and wellhead protection overlay districts, said new or modified lot(s) shall automatically be included or removed from the applicable groundwater recharge and wellhead protection overlay districts, according to the official groundwater recharge and wellhead protection overlay district map and as specified in this chapter.

(Rev. Ords. 1974, § 17-8-6; Ord. No. 88-21, § 1, 10-24-1988; Ord. No. 90-1, §§ 1, 3, 2-12-1990; Ord. No. 91-1, § 1, 2-11-1991; Ord. No. 92-20, § 1, 11-16-1992; Ord. No. 94-12, § 1, 6-27-1994; Ord. No. 98-15, § 1, 10-5-1998; Ord. No. 99-5, § 1, 5-10-1999; Ord. No. 03-13, § 2, 9-8-2003; Ord. No. 07-02, §§ 10—12, 2-5-2007; Ord. No. 07-12, §§ 3—6, 6-11-07; Ord. No. 08-18, § 6, 7-7-08; Ord. No. 10-04, § 4, 2-22-2010; Ord. No. 11-10, § 1, 5-23-2011; Ord. No. 12-03, §§ 4, 5, 2-27-2012; Ord. No. 13-19, § 5, 12-9-2013; Ord. No. 13-22, § 1, 12-16-2013; Ord. No. 14-07, §§ 1, 2, 5-5-2014; Ord. No. 22-05, § 2, 3-14-2022)

Editor's note— Ord. No. 22-05, § 2, adopted March 14, 2022, repealed § 21-187, which pertained to best management practices and derived from Ord. No. 98-15, adopted October 5, 1998; and Ord. No. 08-18, adopted July 7, 2008.

(a)

Purpose. The purpose of this section is to ensure public safety, minimize hazards to persons and property from flooding, protect watercourses from encroachment, and to maintain the capability of floodplains to retain and carry off floodwaters. The town 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. Regulation of the development and alteration of such areas is thus in the public interest.

For communities adopting specific panel numbers with "Countywide" FIRMs and FIS:

(1)

The special flood hazard areas (SFHA) are herein established as a floodplain overlay district. The district includes all special flood hazard areas within the town 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 are panel numbers 44009C0085J, 44009C0092J, 44009C0094J, 44009C0111J, 44009C0113J, 44009C0114K, 44009C0185J, 44009C0201J, 44009C0202K dated April 3, 2020; and 440090014J, 44009C0018J, 44009C0019J, 44009C0102J, 44009C0104J, 44009C0106J, 44009C0107J, 44009C0108J, 44009C0109J, 44009C0112J, 44009C0116J, 44009C0118J dated October 16, 2013; and 4009C0013H, 44009C0101H, 44009C0103H, dated October 19, 2010. 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 office of planning and development 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 building official.

(2)

Administrative provisions. The sections below contain language to ensure proper administration and the legal enforceability of this section.

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 (NFIP) 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.

c.

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

d.

Review by building official. The building official shall review all development proposed in the special flood hazard overlay district to ensure the development is in compliance with the provisions of the tenth edition of the state building code (July 1, 2010), and all subsequent amendments, concerning flood-resistant siting and construction.

e.

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

f.

Permitted uses. Any use permitted in the primary zoning district shall be permitted in the special flood hazard overlay district, provided that such use is in accordance with the following additional minimum requirements:

1.

Floodways. No development proposing fill, new construction, substantial improvement, or other encroachment within a floodway which will result in any increase in flood levels during the occurrence of the 100-year flood shall be permitted. The placement of mobile homes shall be prohibited.

2.

Coastal high hazard areas. The alteration of sand dunes, where existent, is prohibited. All new construction shall be located landward of the spring (moon) high tide. The placement of mobile homes shall be prohibited.

g.

Special use permits. Exceptions to subsection (c) of this section may be granted by the zoning board of review when consistent with section 21-6 and section 60.6 of the National Flood Insurance Program, as amended.

h.

Site plan review. Every person proposing development in the special flood hazard area, including but not limited to buildings and other related structures, mining, dredging, filling, grading, paving, excavation or drilling, shall submit a site plan for approval by the building official, town engineer and the director of planning and development. Site plans shall supply at least the following information:

1.

Accurate location of the proposed development.

2.

Nature of the proposed development including types of activities proposed; areas to be disturbed; and quantities of materials to be excavated, moved or filled.

3.

Elevation of the site relative to mean sea level according to established standards.

4.

A description of the extent to which any existing watercourse would be altered or relocated as a result of the proposed development. Prior to granting site plan approval for a proposal involving the alteration or relocation of a watercourse, the director of planning and development shall notify adjacent communities, the state office of statewide planning, and the Federal Emergency Management Agency.

5.

Any such additional information as is deemed necessary for a complete description of the proposed development.

i.

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

j.

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

k.

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

l.

Enforcement. The building official shall enforce all provisions as applicable in reference to RIGL § 23-27.3-108.1.

m.

Penalties. Every person who shall violate any provision of this code shall be subject to penalties put forth in RIGL § 23-27.3-122.3.

(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)

Bordering states (optional);

(3)

NFIP state coordinator:

Rhode Island Emergency Management Agency

645 New London Avenue

Cranston, RI 02920

(4)

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 (b, c, d, e communities). 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:

a.

Rhode Island State Building Code (as established under RIGL § 23-27.3);

b.

Coastal Resources Management Act, Rhode Island Coastal Resources Management Council (RIGL § 46-23);

c.

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

d.

Freshwater Wetlands Act, Rhode Island Department of Environmental Management (RIGL § 2-1-18);

e.

Minimum Standards Related to Individual Sewage Disposal Systems, Rhode Island Department of Environmental Management (RIGL §§ 5-56, 5-56.1, 23-19.15, 23-19.5, 23-24.3, 42-17.1, and 46-13.2);

f.

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

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. (c, d, e communities, if AH or AO appear)

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 non-residential structures shall be elevated or flood-proofed 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, d, e communities, if AO appear).

c.

In zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Washington County FIRM encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge (d, e communities).

d.

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 (b, c, d, e communities).

e.

Detached accessory structures in zones A, AE, A1-30, AO, and AH (i.e., garages, sheds) do not have to meet the elevation or dry flood-proofing 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 in the floodway.

4.

The structure is not used for storage of hazardous materials.

5.

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

6.

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

7.

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

8.

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

9.

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

f.

Existing contour intervals of site and elevations of existing structures must be included on plan proposal (optional for b, c, d, e communities).

g.

No person shall change from business/commercial to residential use of any structure or property located in the floodway of a special flood hazard area so as to result in a use or expansion that could increase the risk to the occupants.

h.

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;" or

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 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 non-residential structures to or above the base flood level and for floodproofing non-residential structures to or above the base flood level.

(e)

Definitions. Unless otherwise specified, the definitions provided for below shall only be applicable to section 21-188. Unless specifically defined below, words and phrases used in this section pertain to floodplain management, have the same meaning as they have in common usage and to give this section it's most reasonable application.

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

Area of shallow flooding (for a community with AO or AH zones only). 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.

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 a building having its floor subgrade (below ground level) on all sides.

Building. See definition for "structure."

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 man-made 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). (Required).

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 hazard areas and the risk premium zones applicable to the 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.

Flood proofing. 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.

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

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 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.

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:

(1)

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

(2)

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

(3)

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

(4)

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

a.

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

b.

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

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 § 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. Required.

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. Required.

Recreational vehicle. A vehicle which is registered and inspected:

(1)

Built on a single chassis;

(2)

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

(3)

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

(4)

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

Regulatory floodway. See definition for "floodway."

Sheet flow area (for community with AO, AH, or VO zones only). 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 it 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. For insurance purposes, "structure" means:

(1)

A building with two or more outside rigid walls and a fully secured roof, that is affixed to a permanent site;

(2)

A manufactured home ("a manufactured home," also know as a mobile home, is a structure; built on permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation); or

(3)

A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under the community's floodplain management and building ordinances or laws.

For the latter purpose, "structure" does not mean recreational vehicle or a park trailer or other similar vehicle, except as described in paragraph (3) of this definition, or a gas or liquid storage tank.

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 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 the community's floodplain management ordinance. Construction or other development without required permits, lowest floor elevation documentation, flood-proofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.

(Ord. No. 83-1, § 2, 1-24-1983; Ord. No. 94-12, § 1, 6-27-1994; Ord. No. 10-20, § 1, 10-18-2010; Ord. No. 13-14, § 1, 9-23-2013; Ord. No. 19-05, § 1, 3-25-2019; Ord. No. 20-07, § 1, 3-30-2020)

State Law reference— General purposes of zoning ordinances, RIGL § 45-24-30(10).

(a)

Purpose and intent. The scenic overlay district is intended to preserve, protect and maintain scenic roads and highways and vistas in the town as described in the town's comprehensive plan.

(b)

Designation. The town council may designate a scenic corridor or vista to the scenic overlay district. Designation may be based on one or more of the following criteria:

(1)

Physical criteria including but not limited to vegetation, topography, agricultural activities, stone walls, character of the road, rock outcrops, vistas, historic features, humanmade features, cultural features, wildlife habitat or wetlands.

(2)

Aesthetic criteria including but not limited to uniqueness, harmony of landscape, integrity of roadway, vividness or susceptibility to change.

(c)

Designated scenic overlay districts. Designated scenic overlay districts shall be as follows:

(1)

Congdon Hill Road.

(2)

Route 102: Ten Rod Road and Phillips Street.

(3)

North Quidnesset Road.

(4)

Forge Road.

(5)

Harrison Street.

(6)

Potter Road.

(7)

Fletcher Road.

(8)

Shermantown Road from Slocum Road to Tower Hill Road.

(9)

Gilbert Stuart Road from Tower Hill Road to Boston Neck Road.

(10)

Boston Neck Road from Phillips Street to Narragansett town line.

(11)

Slocum Road from Indian Corner Road to South Kingstown town line.

(12)

Indian Corner Road.

(13)

Route 4.

(14)

Route 1 from Route 4 to the South Kingstown town line.

(15)

Hamilton-Allenton Road.

(16)

Snuff Mill Road.

(d)

Development plan approval required. Development proposed in designated scenic overlay districts shall be subject to development plan approval by the planning commission. In considering a proposal for a scenic overlay district, the commission shall give full consideration to the criteria that formed the basis of the designation and the protection and preservation of the district.

(Ord. No. 98-7, 5-11-1998)

(a)

Purpose and intent. The purpose of the sending area overlay district is to identify parcels of land in the town or land in the Town of Exeter that is referred to in the memorandum of agreement between the Town of North Kingstown and the Town of Exeter for the "retained ten acre parcel" adopted on December 6, 2010 and December 13, 2010 by the Towns of Exeter and North Kingstown respectively that are eligible to participate in the transfer of development rights program outlined in article XXIII of the zoning ordinance.

(b)

Designation. The boundaries of the sending area overlay district are established and shown on the town official sending area overlay district map, as it may be amended from time to time, filed at the office of the town clerk. The official sending area overlay district map, which together with all explanatory matter thereon, is hereby adopted and made part of this Code. The official sending area overlay district map shall be identified by the signature of the president of the town council, in office at the time of adoption, attested by the town clerk and bearing the seal of the town.

(c)

Interpretation. Where uncertainty exists as to the boundaries of the sending area overlay district map, boundaries shown as approximately following lot lines shall be construed as following such lot lines. For any other circumstance, the administrative officer shall interpret the zoning district boundaries.

(Ord. No. 08-26, § 2, 10-20-2008; Ord. No. 11-02, § 1, 1-10-2011)

(a)

Purpose and intent. The purpose of this zoning overlay district is to encourage creative solutions that will preserve the unique and historic qualities of Wickford's village center, while helping businesses meet the challenging economy of the 21 ^st century.

(b)

Overlay district.

(1)

For the purpose of section 21-191, the boundaries of the overlay district are established and hereby adopted as shown on the map, entitled, "Wickford Design Guidelines Overlay Map ," dated November 26, 2018, filed at the office of the town clerk. Such map is hereby adopted and incorporated by reference.

(2)

Those properties included in the overlay district shall be subject to the use provisions of the Wickford Village Center (WVC) zoning district and dimensional provisions pertaining to the Wickford Village Center Design Guidelines Overlay District, as outlined in section 21-93, article III and article IV of the zoning ordinance, unless otherwise stated within this chapter.

(3)

The Brown Street Wickford Design Standards and Guidelines dated September 24, 2018 are hereby adopted and incorporated by reference. The document shall govern any alteration, repair, removal or demolition affecting the exterior appearance of a structure or any new construction or reconstruction on any property within the Wickford Village Design Guidelines overlay district.

(4)

Any alteration, repair, removal or demolition affecting the exterior appearance of a structure or any new construction or reconstruction on any property within the Wickford Village Design Guidelines overlay district shall require development plan review in the form of design approval from the Wickford Village Design Guidelines committee or the planning director/designee as determined within this section.

(5)

Properties within the overlay district are subject to development plan review approval pursuant to section 21-284 prior to obtaining a building permit.

(c)

Wickford Village Design Guidelines Committee (WVDGC).

(1)

Established. In order to carry out the purposes of this article, there is established a Wickford Village Design Guidelines Committee which, along with the planning director, shall be charged with carrying out the purposes of this article within the provisions of design plan review under RIGL 1956, § 45-24-49 and section 21-284.

(2)

Membership and appointment. There shall be seven members and two alternates on the WVDGC, to be appointed by the town council as follows.

a.

The five members of the historic district commission (HDC) shall also serve and be appointed as members of the WVDGC as well as the one alternate of the HDC. This alternate shall only sit as an alternate when HDC members are not available to sit as members of the WVDGC.

b.

Two business property owners in the overlay district shall also be appointed as members of the WVDGC. A second alternate, who is also the owner of a business property within the district, shall be appointed to serve only in the absence of a business property owner.

c.

The business property owners and the business property alternate shall serve three-year terms.

d.

Appointed members shall be eligible for re-appointment and upon the expiration of their term may continue to serve until replaced. In the event of a vacancy of an unexpired term, interim appointments may be made to complete the term.

(3)

Meetings and quorum. A quorum of four shall be necessary to conduct a meeting and to vote on any matter. A majority of those voting shall be necessary to approve any application. All meetings of the WVDGC shall comply with the state Open Meetings Act. The WVDGC shall promulgate reasonable rules of procedure for the administration of its meetings and activities.

(4)

All decisions shall be in writing and the reasons and basis for the decision in accordance with applicable standards and the guidelines shall be provided.

(5)

Enforcement. The building official shall be empowered to enforce the decision and the requirements of this section, including but not limited to by the filing for relief, damages, and equitable relief and injunction in superior court, and in accordance with section 1-4 and section 21-23.

(d)

Application, review, decision, and appeal procedures. Procedures for application, review, decision and appeals shall be as follows:

(1)

Application procedures. Applicants within the overlay district shall submit an application and accompanying materials and fees for development plan review in the form of design approval, as set forth in section 21-284 with the exception of voluntary demolition applications, which shall follow the provisions of subsection 21-191(e). The WVDGC or its designee, the director of planning, is authorized to establish application, checklist, and other forms required for the administration of this section.

(2)

Review procedures.

a.

Any alteration, repair, removal or demolition affecting the exterior appearance of a structure or any new construction or reconstruction shall be first assessed at the design level.

1.

Administrative approval required. The following shall require design review and approval by the planning director or his/her designee including:

A.

Any cosmetic improvement including, but not limited to, window replacements, siding, reroofing, mechanical equipment, and in-kind repairs or replacements of building materials; and

B.

Site improvements such as patios, walkways, and fences.

2.

Wickford Village Design Guidelines committee approval required. Any alteration, repair, removal or demolition affecting the exterior appearance of a structure or any new construction or reconstruction on any property other than as described in subsection 21-191(d)(2)a. shall require design review and approval by the Wickford Village Design Guidelines committee. In addition, the planning director/designee has the authority to refer applications that meet subsection 21-191(d)(2)a. for administrative review to the committee for good cause.

3.

The planning director or his/her designee shall maintain a list of all approvals granted and submit it to the WVDGC in a manner and form required by the committee.

4.

Required findings. In granting design review approval, the Wickford Village Design Guidelines committee or the planning director/designee shall require evidence to the satisfaction of the following standards be entered into the record of the proceedings:

A.

The requested action will not alter the general character of the surrounding area or impair the intent or purpose of this chapter, in accordance with the Brown Street Wickford Village Design Standards and Guidelines and is consistent with the town comprehensive plan.

B.

The proposal has architectural integrity and maintains an appropriate relationship with other structures in the immediate area as related to height, massing and design features.

C.

Building mass is articulated to relate to the human scale, both horizontally and vertically. Building elevations have variation and depth and avoid large blank wall surfaces. Residential or mixed-use residential projects incorporate elements that indicate habitation, such as identifiable entrances, stairs, porches, bays, and balconies.

D.

Exterior building materials and finishes convey high quality, permanence and durability, and are used effectively to define design features and structural elements. Materials and finishes have been used in a manner that serves to reduce the perceived appearance of height, bulk and mass, and are harmonious with other structures in the immediate area.

E.

Landscape and hardscape features are designed to complement the building and parking areas, and to be integrated with the building architecture and the surrounding streetscape.

F.

Signage is designed to complement the building architecture as related to style, materials and proportions.

G.

Mechanical equipment is screened from public view and the screening is designed to be consistent with the building architecture in form, material and detailing.

H.

Service, trash and utility areas are screened from public view, or are enclosed in structures that are consistent with the building architecture in materials and detailing.

b.

Properties within the overlay district are also subject to further development plan review for approval for matters not subject to the guidelines pursuant to section 21-284 prior to obtaining a building permit.

(3)

Decision procedures. The WVDGC shall hold a hearing on the application within 45 days from the date that the administrator has certified the application to be complete. The WVDGC shall issue a decision within 45 days thereafter, or within such further time as the applicant has consented; however, upon a finding of fact by the committee that the review of the application, additional time and information is needed, the committee may have up to an additional 45 days within which to act upon the application.

The applicant shall receive both a design approval decision and, for matters not subject to the guidelines, a development plan review decision. Decisions granted pursuant to this chapter shall be valid for a period of one year from the date of recording of the decision, during which time application for a building permit shall be made. The approving agency may grant up to an additional year as a condition of approval, when such is requested in writing before the expiration of the original one-year period.

(4)

Appeals.

a.

A decision of the administrative officer for design plan review subject to this section may be appealed by an aggrieved party to the WVDGC not later than 20 days following the recording of that decision. The committee shall hold a hearing, and consider the application de novo, at a regular or special meeting of the committee, and governed by the state Open Meetings Laws. The decision of the WVDGC shall be in accordance with the provisions of this section.

b.

A decision of the WVDGC for design plan review subject to this section may be appealed by an aggrieved party to the planning commission not later than 20 days following the recording of that decision. The planning commission shall hold a hearing, and consider the application de novo, however, the planning commission may give due consideration to the expertise of the WVDGC. The decision of the planning commission shall be in accordance with the provisions of this section, and shall be in writing, in accordance with the guidelines and all design guidelines of this section, and provide the "required findings" in (d)(2)a.4. of this section. The hearing may be held at a regular or special meeting of the committee and shall comply with the state Open Meetings Laws.

c.

A decision of the planning commission for design plan review subject to this section may be appealed by an aggrieved party to the board of appeals in accordance with Article 12.0 of the town subdivision and land development regulations.

(5)

Inspections. Upon the request of the building official, the engineering department shall inspect all site work required as part of the development plan review approval and shall report its findings to the building official.

(e)

Voluntary demolition. The town is committed to preserving the historically and culturally significant built environment and neighborhood architectural identities located within the Wickford Village Design Guidelines Overlay District. Therefore, a demolition permit is required prior to the demolition of any structure located within the Wickford Village Design Guidelines Overlay District. Administration of this section shall be as follows:

(1)

Application/inspection fee. No application shall be considered complete unless accompanied by the required application fee. If applicable, an inspection fee shall be paid by the applicant as a condition of approval of a demolition plan. The fee shall be an amount based on the value of improvements as determined by the town engineer. The demolition permit application may be processed simultaneously with any required development plan review, variance and/or special use permit application.

(2)

Application materials. The completed demolition permit review application shall include the following:

a.

Demolition review application and non-refundable fee;

b.

Demolition staging plan;

c.

Site plan identifying all existing structures;

d.

Plans and elevations for the proposed reuse of the property in accordance with the Brown Street Wickford Village Design Standards and Guidelines;

e.

Stormwater management plans and specifications made in conformance with the town's stormwater management regulations; and

f.

Site restoration plans and specifications (only applicable if commencement of construction of a new structure is not planned within 60 days after completed demolition).

(3)

Review standards and findings. The Wickford Village Design Guidelines Committee shall review all demolition permit applications in accordance with this chapter and ordinances of the town, together with the following findings:

a.

The granting of the permit is not detrimental to the health, safety and welfare of the community.

b.

The proposed demolition of the structure is consistent with the goals and policies of the comprehensive plan.

c.

The proposed demolition does not create land with constraints to development.

d.

The proposed demolition does no harm to the character of the immediate neighborhood or area of the town.

e.

If an application is submitted for demolition affecting the appearance of a structure or its appurtenances which the Wickford Village Design Guidelines Committee deems so valuable to the town, state, or nation that the loss thereof will be a great loss to the town, state, or nation, the committee shall endeavor to work out with the owner an economically feasible plan for the preservation of such structure. Unless the committee is satisfied that the retention of such structure constitutes a hazard to public safety, which hazard cannot be eliminated by economic means available to the owner, including sale of the structure to any purchaser willing to preserve such structure, or unless the committee votes to approve of the proposed reuse of the property, the committee shall file with the building inspector its rejection of such application for demolition.

f.

If any structure is deemed so valuable for the period of architecture it represents and important to the neighborhood within which it exists, the Wickford Village Design Guidelines Committee may file with the building inspector its approval of demolition if:

1.

Preservation of such structure is a deterrent to a major improvement program which will be of substantial benefit to the community;

2.

Preservation of such structure would cause undue or unreasonable financial hardship to the owner, taking into account the financial resources available to the owner including sale of the structure to any purchaser willing to preserve such structure; or

3.

Preservation of such structure would not be in the interest of the majority of the community.

g.

When considering an application to demolish or remove a structure of historic value, the Wickford Village Design Guidelines Committee shall assist the owner in identifying and evaluating alternatives to demolition, including the sale of the structure in its present site. In addition to any other criteria, the committee also shall consider whether there is a reasonable likelihood that some person or group other than the current owner is willing to purchase, move, and preserve such structure and whether the owner has made continuing, bona fide and reasonable efforts to sell the structure to any purchaser willing to move and preserve such structure.

h.

In circumstances where Wickford Village Design Guidelines Committee review may overlap with historic reviews of the state historic preservation commission, it shall be the obligation of the committee to arrange a coordinated review process with the state agency. This coordinated review shall be arranged within the time limitations established through the local committee's rules of procedure for its own review of an application. The purpose of the coordinated review shall be to minimize the potential for conflicting opinions on matters related to historic preservation on the part of the local and state authorities. The committee shall solicit the written comments of the state historic preservation commission.

(4)

Recommended conference. Prior to the issuance of a demolition permit, a conference is recommended between the building official and the demolition contractor to review the requirements and conditions for demolition.

(5)

Conditions and restrictions. The committee and administrative officer may impose such conditions and restrictions upon the issuance of the demolition permit as may be necessary to satisfy the review standards and findings of subsection (3) above.

(6)

Construction standards. Upon approval, any demolition shall be done in accordance with the provisions of the building code in force at the time, the requirements of the codified ordinances, and any additional requirements or conditions of the committee. The applicant shall also be required to submit to the town proof of disconnection of utilities prior to commencing demolition of the building. Demolition practices shall also adhere to the following standards:

a.

General. Demolition permit applications are conditioned upon approval of any state-mandated requirements in place at the time of the completed applications.

b.

Particulate control. Airborne particles shall be controlled at all demolition sites.

c.

Fencing. Fencing shall be installed around the entire perimeter of any excavated area greater than 24 inches below grade in depth.

d.

Restoration. If construction of a new development has not commenced within 60 days of demolition, the property must be restored to a safe condition.

e.

Noise. Upon issuance of a demolition permit by the building official, demolition activity shall only take place Monday through Friday, 8:00 a.m. to 5:00 p.m.

(f)

General requirements.

(1)

Building height. No structure located within the Wickford Village Design Guidelines Overlay District shall exceed 27 feet in 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), building height shall be measured from base flood elevation, and where freeboard, as defined in RIGL 1956, § 45-24-31, is being utilized or proposed, such freeboard area, not to exceed five feet, shall be excluded from the building height calculation; provided, however that the Rhode Island Coastal Resources Management Council design elevation maps may be used by an owner or applicant to establish a base flood elevation for a property that is higher than the official FEMA FIRMs.

(g)

Interpretation. The committee or administrative officer, as appropriate, shall be responsible for deciding the meaning and intent of any section of this article which may be unclear or in dispute.

(Ord. No. 18-28, § 1, 11-26-2018; Ord. No. 19-06, § 1, 4-15-2019)