On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of 2 1/2 feet and 10 feet above the center-line grades of the intersecting streets in the triangle formed by the street lines of such corner lots and a line joining points along said street lines;

Poles not exceeding six inches in diameter are exempted from this section.

With the exception of swimming pools, such landscape features and structures as trees, shrubs, fences, terraces, driveways and walkways may be placed within any yard, providing that such features conform to the visibility requirements of §§ 340-4.4 and 340-4.5.

Stump disposal areas. Only stumps and boulders native to the site may be buried. All dumping and landfilling of tree stumps must be approved as a site plan review by the Planning Board if the stump disposal area is not part of a subdivision approved by the Board.

A permitted accessory building may cover up to 25% of a side or rear yard but may not be placed within 10 feet of a lot line. No accessory buildings or structures shall be located nearer than 10 feet to a principal building unless such accessory buildings or structures are attached to the principal building. No accessory building or structure shall be placed in the front yard of any property.

Definition; examples. An accessory structure is a structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For example, a residential structure may have a detached garage or storage shed for garden tools as accessory structures. Other examples of accessory structures include propane storage tanks, standby generators, gazebos, picnic pavilions, boathouses, small pole barns, storage sheds, and similar buildings.

Dumpsters. Any person in any residentially zoned district, prior to placing a dumpster on private property, shall first obtain a permit from the Building/Zoning Official. The permit fee will be set from time to time by Town Council resolution. Said permit will allow a dumpster for temporary use by the occupant of the dwelling for not more than 30 days or the time period for which there is an active building permit open on the property. Such dumpster(s) is subject to the following limitations:

Shipping containers. Shipping containers may be placed on any lot for a period of not more than eight days for the purpose of loading or unloading of household items during a moving process and are restricted to a single container. These containers shall not be used for long-term storage.

Truck bodies/trailers. No truck bodies or trailers of any kind shall be kept or stored at any residential property at any time.

Where the yard regulations cannot reasonably be complied with or their application determined on lots of peculiar shape, location or topography, such regulations may be modified or determined by the Board, as provided for in § 340-5.20, Variances.

The rear yard and side yard requirements may be modified as provided in § 340-5.19, Special use permits, by the Board in cases where freight rail facilities are adjacent to said yard and lot lines.

A carport, where attached to the main building, may be erected over a driveway in a side yard provided such structure is not over 24 feet in length and shall be no closer than 10 feet from side lot line and is entirely open on three sides, except for necessary supporting columns and customary architectural features.

An unenclosed porch may extend up to 10 feet into a side or rear yard but shall not extend to within 10 feet of a lot line.

Ordinary projections of windowsills, cornices and other ornamental features may extend up to two feet into the required minimum yard.

Only one shelter per dwelling unit for a family house pet is allowable within 40 feet of a property line. All other animal shelters, excluding wild bird shelters, must be kept a minimum of 40 feet from a property line.

An outdoor telephone booth may be located in a front yard in nonresidential districts provided it is adjacent to a permitted curb parking area or an off-street parking facility.

Front yard requirements on a lot situated between two lots, each of which has a main building (within 25 feet of its side lot line) which projects beyond the established front yard line and was so maintained when this chapter became effective, may be the average of the front yards of said existing buildings, provided, however, the front yard of such lot shall not be less than 15 feet.

For the purpose of side yard regulations, residential dwellings with common party walls shall be considered as one building occupying one lot. Such dwellings shall include but not be restricted to apartments, townhouses, row dwellings, two-family dwellings, and double dwellings.

Accessory structures permitted above height requirements include roof structures for housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, wireless masts and water tanks, provided that no roof structure or any space above the height limit shall be allowed for the purpose of providing additional floor space for residential, business or manufacturing use. Such structures shall require a special use permit if intended to be utilized as a principal structure on a lot.

Structures permitted above the maximum height requirements shall be set back from any lot line one additional foot by which it exceeds the maximum height limit for the district.

Purpose. The standards and provisions in this article are intended to protect the health, safety and general welfare of the Town's residents, property owners and businesses, to prevent nuisance, to prevent degradation of North Smithfield's surface waters or groundwaters, and to maintain and enhance the water quality function of wetlands and associated wetland buffers, in accordance with goals of the North Smithfield Comprehensive Plan. It establishes standards and procedures for the use of wetland buffers, including the location and design of OWTS, buildings, impervious cover and other land development, and use of best management practices to minimize pollution sources, ensure proper management of stormwater runoff, and adequate treatment of pathogen and nutrient inputs to wells, groundwater and surface waters from on-site wastewater treatment systems. As per R.I.G.L. § 45-24-30 the methods of protection recognize:

Authority. The Town of North Smithfield recognizes its authority to adopt requirements that are more restrictive than state minimum standards to address the combined impacts of land use, stormwater runoff and wastewater effluent to locally important water resources. These state standards include the Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations); the Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act (Rules)[1] and the Rhode Island Stormwater Design and Installation Standards Manual, as promulgated by the Rhode Island Department of Environmental Management (RIDEM). The following requirements are hereby established in accordance with the RI Zoning Enabling Act, R.I.G.L. Title 45, Chapter 24. These requirements shall be considered an addition to, and not a replacement for, the referenced regulations and any subsequent amendments thereto.

Wetlands and water bodies covered under this article include "wetlands, freshwater" as defined in R.I.G.L. § 2-1-20: marshes; swamps; bogs; ponds; rivers; river and stream floodplains and banks; areas subject to flooding or storm flowage; emergent and subemergent plant communities in any body of freshwater including rivers and streams and that area of land within 50 feet of the edge of any bog, marsh, swamp, or pond.

Scientific findings. There is ample and defensible scientific justification for increased buffer width benefiting water quality (EPA 2006; Wenger, 1999; Vermont Agency of Natural Resources, 2005). The EPA (2006) notes that nitrogen removal efficiencies of 80-90% are obtained for wetland buffers overall that are 30 meters or approximately 100 feet wide. In contrast, only 65-75% of nitrogen is removed for buffers 15 meters, or approximately 45 feet wide. Grass buffers alone are only 75% effective at 28 meters; and only 50% effective at 16 meters. Water bodies with little or no riparian buffer zones are found to have two to three times the annual nitrate concentration of streams with buffers. Wenger (1999) reviewed 140 scientific studies and notes, "reduction of various forms of nitrogen in surface runoff is reasonably well correlated with buffer width." Studies of sediment in surface runoff show that the most efficient width for sediment removal is 82 feet. The Vermont Agency of Natural Resources summarized 22 scientific studies recommending buffer widths for riparian ecosystem function. Eighty percent of the studies recommended a mean width of 100 feet. Wenger (1999) writes that a 100 feet option, including adjacent wetlands "provides the greatest level of protection for stream corridors, including good control of sediment and other contaminants, maintenance of quality aquatic habitat, and some minimal terrestrial wildlife habitat."

This section applies only to properties located within any surface water supply basins in Town, including the surface water supply basins for Woonsocket's Reservoirs 1, 2 and 3, and to school wellhead protection areas, as delineated in the North Smithfield, RI, Zoning Ordinance Map: Water Supply Protection Overlay District. Except as provided in Subsections B, C, D and E of this section, no component of an on-site wastewater treatment system (OWTS) facility designed to leach liquid wastes into the soil shall be located within 150 feet of the defined edge or channel of any freshwater wetland as defined in the Rules. This section shall not be interpreted to require a 150-foot setback from a riverbank wetland, areas of land within 50 feet of wetlands (perimeter wetlands) or area(s) subject to storm flowage as defined in the Rules.

No part of an OWTS or other facility designed to leach liquid wastes into the soil shall be located within 200 feet of any drinking water supply impoundment or tributary that directly discharges to a drinking water supply, including storm and subsurface drains that directly discharge to a tributary stream surface water body.

Subsection A of this section shall not apply to any replacement, major repair, alteration or modification of a system or facility which exists 20 days after the date of passage of this section provided that the replacement, repair, alteration or modification meets the minimum requirements for advanced OWTS treatment as defined herein.

Subsection A of this section shall not apply to the location of such a system on a residential lot located in a subdivision which received final approval from the Planning Board or from RIDEM prior to the adoption of this section provided that the replacement, major repair, alteration or modification meets the minimum requirements for advanced OWTS treatment as defined herein.

Administrative review. Development within the areas required to have an OWTS system shall comply with the development standards listed below. Development proposals that meet these standards will be reviewed administratively by the Building/Zoning Official and/or his her designee after review with the Town Planner. The Town may engage professional assistance to assist with the professional review of applications and advise with the applicant responsible for such cost. Applications failing to meet one or more of the development standards listed below shall require a special use permit per Subsection F. The administrative review shall apply the following criteria:

Special use permit criteria. The Zoning Board of Review may grant a special use permit for construction of an OWTS not less than 100 feet from freshwater wetlands, as defined in the Rules, provided that the applicant submits a site plan meeting the requirements of Part 6, Site Plan Review, demonstrating that the buffer provided is sufficient to substantially attenuate pollutants from the OWTS and associated land disturbance, and:

Performance standards. Applications for a special permit under provisions of this section shall meet the following minimum performance standards:

Except as provided in Subsections B through G of this section, no part of a residential, commercial or industrial structure (including accessory structures such as garages or sheds) or impervious surface shall be located within 100 feet of freshwater wetlands as defined in the Rules and in Part 9, Definitions, of this chapter. This section shall not be interpreted to require a 100-foot setback from a riverbank wetland or land within 50 feet of wetlands (perimeter wetlands) or area(s) subject to storm flowage as defined in the Fresh Water Wetlands Act.[1]

Subsection A of this section shall not apply to the location of such a structure which received final approval from the Planning Board prior to the adoption of this section.

Subsection A of this section shall not apply to areas where the wetland buffer area is already substantially developed and retains none of the natural features necessary to support native flora or fauna and where the volume of stormwater runoff has been maintained at predevelopment levels, or restored to the extent possible.

Subsection A of this section shall not apply to the location of elevated structures with roofs allowing for groundwater infiltration that are less than 120 square feet in size.

Subsection A of this section shall not apply to the following accessory structures to existing dwellings: decks, porches, gazebos, patios, aboveground swimming pools, in-ground swimming pools, fences, signs, and permitted accessory residential and/or nonresidential structures under 200 square feet.

Any proposed construction which is no closer to the wetland than the existing construction on the lot in question may be exempted from the 100-foot setback requirement if the Zoning Board of Review determines that there is no potential for significant environmental impact, taking into full consideration the report of the Conservation Commission. Development standards for review include the following:

This section is exempt in the following Districts due to economic impact: RS-20, MU-1, and MU-2. In addition, all nonconforming RS-40 lots that are less than or equal to 20,000 square feet are also exempt until they reach conforming status.

According to RIDEM's OWTS regulations, cesspools are not an approved method of sewage disposal and all existing cesspools are considered to be substandard. As such, all cesspools should be brought into conformance with current and local standard within 12 months after the sale or transfer of a property, or by January 1, 2020, whichever date comes first.

This subsection shall take effect as of January 1, 2014, unless either a listing agreement contract with a licensed real estate broker shall have been signed by the owner(s) of the property and the broker prior to June 1, 2013, in which case any buyer(s) of said property from that owner(s) while the listing agreement contract is in effect shall be exempt from this requirement, or a purchase and sales agreement for the property shall have been signed by the owner(s) of the property and the prospective buyer(s) prior to June 1, 2013, in which case, the buyer(s) named in such purchase and sales agreement shall be exempt from this requirement.

Hardship extension. Property owners of a substandard system may qualify for a hardship extension of up to five years if the substandard OWTS is not failed, and their household income is less than 80% of the appropriate household size area median income determined by Federal Housing and Urban Development standards for the community in which the substandard system is located. The Public Works Department shall develop an application for hardship extension.

In any residential zoning district, unless licensed as a vehicle-related business, no unregistered, unserviceable, discarded, or junked vehicles or trailers of any kind or type or bodies, engines, tires, parts or accessories thereof shall be parked stored on any property other than in a completely enclosed building or carport with the following exceptions:

In any residence district, the parking or storage of all commercial vehicles and construction equipment of over five tons gross vehicle weight shall not be permitted except where such parking or storage is directly related to and is accessory to a permitted use or legal nonconforming use on the premises. All commercial vehicles and construction equipment shall be screened as in § 340-4.19B(4). The numbers of commercial vehicles limited to each lot are as follows:

That such equipment is in condition for safe and effective performance of the function for which it was intended.

No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.

That it be limited to the side and the rear yards of the residence.

That it not be stored within 20 feet of a lot line.

One recreational vehicle is allowed to be parked on lots 65,000 square feet or less. Two recreational vehicles are allowed on lots greater than 65,000 square feet

Any structure erected or use developed after the date of passage of this chapter must provide off-street parking in accordance with the following minimum requirements:

Plans and specifications for the required parking and its access drives other than single-family or two-family dwellings shall be submitted at the time of application for the zoning certificate for the main use.

All commercial and industrial structures erected subsequent to the adoption of this chapter shall provide off-street loading facilities.

Plans and specifications for such loading facilities shall be submitted to the Building/Zoning Official at the time of application for the zoning certificate for the main use. Where a loading facility is to be located in or abutting a residential district, the restrictions contained in § 340-4.19 concerning surfacing, screening and lighting shall apply. Such loading facility shall be sufficient in size to eliminate the projection of vehicles beyond any lot line.

Signs erected by the Town of North Smithfield, the State of Rhode Island or the United States of America pursuant to and in discharge of any governmental function, or required by any law, ordinance or governmental regulation. Such signs may be illuminated internally or externally.

Signs not exceeding 1 1/2 square feet in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations.

An announcement board, or changeable sign, no greater than 12 square feet in area, for a church, school or other public or semipublic use. Such signs may be illuminated internally or externally.

Instructional or directional signs identifying on-premises traffic, parking or other functional activity. There shall be no more than one sign for each applicable activity, and bearing no commercial advertising. Each sign shall not exceed two square feet in area, and such signs may be illuminated internally or externally.

Accessory signs incidental to a business conducted on the premises indicating hours of operation, credit cards, business affiliation and the like, provided that the total area of all such signs does not exceed three square feet per business or use, and are located on a door or are wall-mounted at or immediately adjacent to a public entrance to the building on the premises.

Digital clocks or time/temperature clocks which contain no advertising, and which do not exceed 15 square feet in area.

Sale of produce raised on the premises signs, not exceeding six square feet in area.

Permanent window signs which do not exceed 30% of the window area.

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights.

Holiday signs and decorations 45 days prior to and 15 days after the specific holiday. The term "holiday" means and includes all federal or state legal holidays and all recognized religious holidays.

Signs customary and necessary to the operation of filling and service stations and automotive fueling areas. The number, area and height of freestanding signs shall be regulated by § 340-4.26 of this chapter.

Temporary signs in accordance with § 340-4.28 of this article.

Billboards or other off-site advertising signs. Off-site directional signs may be permitted only by the granting of a special use permit by the Zoning Board of Review.

Portable signs, including sandwich board signs and trailer signs.

Changeable signs, which change the content or display more frequently than once every two minutes.

Animated, revolving, sparkling or flashing signs, or signs which incorporate intermittent, oscillating, or moving spot lights.

Signs attached to trees, traffic signs, regulating signs, or utility poles, except for signs on private property posting restrictions on hunting or trespassing not exceeding two square feet in area per sign.

Permanent inflatable signs or inflatable objects displayed as a form of advertising.

Roof-mounted signs.

String lights, banners or flags. The use of string lights, banners or flags to call attention to a business or activity are prohibited. However, such signs associated with public, religious, or charitable organizations are permitted for a period not to exceed 30 days in any calendar year. The use of established governmental flags are permitted, provided the use is consistent with the established standards of display and the intent is not to call attention to the business and activity. Factors that shall be considered by the Building/Zoning Official in making such determination shall include, but not be limited to, the size and quantity of the flags, banners or lights.

Projecting signs which extend over a public sidewalk or public way, without the approval of the Building/Zoning Official.

Any sign that constitutes a hazard to public safety or health, including signs which because of size, location, or manner of illumination, obstruct the vision of a driver or detract from the effectiveness of traffic control devices, or that impede vision or access to or from public streets, sidewalks or other places or ingress or egress.

Any obsolete sign, which no longer advertises a bona fide business conducted or product sold on the premises. Such signs shall be removed within 30 days of the date on which they became obsolete.

One freestanding or one wall-mounted sign shall be permitted for a use authorized by the Zoning Board of Review by the granting of a special use permit. No such sign shall exceed nine square feet in area, and shall not be illuminated.

One freestanding or wall-mounted sign identifying a permitted home occupation shall be permitted. No such sign shall exceed three square feet in area, nor shall any such sign be illuminated.

One nonilluminated sign for an approved accessory use, not to exceed six square feet

Except as noted below for shopping centers, there shall be a maximum of two regulated signs per principal building in any business or manufacturing zoning district. Permitted signs include a maximum of one freestanding sign, which may be two-sided, plus either one wall-mounted, projecting or awning sign.

Where a building fronts on two or more streets or access roadways, the total area of signs shall be based on the building's frontage on a given street and as otherwise provided in tables in Subsection D and F below. A maximum of two street frontages may be counted in the calculation of sign area for a single user building located on a corner.

If there is no freestanding sign, there may be a maximum of two wall-mounted, projecting or awning signs, in any combination. In BN and LC Zoning Districts, signs may be externally illuminated only. Signs in BH and M Zoning Districts may be either internally or externally illuminated.

The maximum area per sign of any permitted sign shall be as follows:

Signs in shopping centers; general. In shopping centers, there may be one or more common freestanding signs identifying all uses, plus one or more wall-mounted signs for each business or use, as further specified in Subsection F below. Signs in shopping centers may be illuminated internally or externally.

Wall-mounted signs in shopping centers. The maximum area of wall-mounted signs in shopping centers shall be determined by the distance between the building wall where the sign is to be located and the nearest public street.

Freestanding signs in shopping centers.

Projecting signs shall not exceed six square feet, and may only be used in place of permitted wall-mounted or freestanding signs. There shall be a minimum clearance of 10 feet between the ground surface and the lowest part of the sign.

Window signs. Signs which do not exceed 30% of the window area are permitted in addition to any other permitted sign.

Awning or canopy signs. Such signs shall not exceed six square feet area, with a minimum clearance of eight feet over sidewalks and 13 feet over driveways. The sign text shall be only on the vertical portion of the apron which is parallel to the building.

Special events. One sign not to exceed 32 square feet in area denoting a special event of a noncommercial nature, such as fairs, auctions, sporting events, etc. Such signs may be erected not more than 30 days prior to the event and shall be removed within 10 days after the event. Such signs may not be illuminated.

One sign customary and necessary in the offering of real estate for sale or to let by the owner or the owner's licensed broker or agent, which shall not exceed six square feet in residential zoning districts or 20 square feet in nonresidential zoning districts. Signs indicating the property has been sold must be removed within 10 days after the sale is completed.

Temporary signs for subdivisions or other real estate developments (six months renewable, three year maximum), no greater than 32 square feet in area. The wording shall be restricted to the advertising of the sale or lease of the subject property.

Purpose. It is the purpose of this section to regulate only the time, place, size and illumination of political, election and noncommercial free speech signs, and not in any way to regulate the content of such signs.

Such signs shall not be attached to any tree, traffic sign, regulating sign or utility pole or within the public right-of-way.

No such individual sign shall exceed six square feet.

In a residential zone, such signs may be illuminated, but only externally.

Any such sign that pertains to a particular event (such as an election or referendum) or public figure (such as person holding public office) or public policy shall be removed within 10 days after the particular event.

Number. For the purposes of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign.

Measurement of sign area.

Height. The height of a sign shall mean the vertical distance measured from the average ground level at the base of the sign to the highest portion of any portion of the sign or supporting structure.

Illumination. Where permitted by this article, signs may be internally or externally illuminated. Indirect light sources, including light bulbs or tubes shall be shielded so as not to create glare upon abutting or nearby streets or abutting property. Direct light sources, including signs having internal lighting, shall be designed so as to either shine through a plastic or other translucent covering, or to create backlighting of individual letters or graphic material. The light source shall be shielded and focused not to extend beyond the sign border.

Placement standards. No freestanding sign shall be placed closer than 10 feet to any lot line.

Permit required. Any person intending to erect, relocate or alter any sign within the Town shall, except as provided in this article, first obtain a sign permit from the Building/Zoning Official or designee. This requirement shall not apply to temporary signs and signs listed in § 340-4.23 herein.

Application. Application for a sign permit shall be made on forms provided by the Building/Zoning Official/Zoning Official and shall contain or shall have attached all of the following information:

Fees. Each application for signs shall be accompanied by a filing fee or such other fees as shall from time to time be established by the Town Council.

Review of applications. It shall be the duty of the Building/Zoning Official or designee, upon the receipt of a completed application for a sign permit, to forward such application for review and comment to those departments with the responsibility to do so and to examine such plans, specifications, other data, and if necessary visit the premises upon which the sign is to be located. If it shall appear that the proposed sign is in compliance with all requirements and other Town ordinances, the Building/Zoning Official or designee shall approve the application and issue the permit.

Special flood hazard areas. The special flood hazard areas are herein established as a Floodplain Overlay District. The District includes all special flood hazard areas within the Town of North Smithfield designated as Zone A, AE, AH, AO, A99, V, or VE on the Providence 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 Providence County FIRM that are wholly or partially within the Town of North Smithfield are panel number 0065 unprinted, panel numbers 0068, 0069, 0151, 0152, 0155, 0156, 0157, 0160, 0165, 0176 and 0178 dated March 2, 2009, and panel number 0166 dated October 2, 2015. 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 Providence County Flood Insurance Study (FIS) report dated October 2, 2015. The Office of the Building/Zoning Official 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, Planning Board, Building/Zoning Official, Conservation Commission and Tax Assessor.

Administrative provisions.

In a riverine situation, the Building/Zoning Official shall notify the following of any alteration or relocation of a watercourse:

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

Reference to existing regulations.

Other use regulations.

Base flood elevation and floodway data.

There is hereby established a Water Supply Protection Overlay District (WSPD), which shall be the area defined as those Assessor's lots which are indicated as the WSPD on the Official Zoning Map of the Town of North Smithfield. The WSPD is an overlay district superimposed over the existing underlying zoning districts established by this chapter. The regulations imposed by the WSPD shall apply in addition to the regulations of the underlying zoning district. In the event of a conflict or inconsistency between the regulations imposed by the WSPD and those established by the underlying zoning district, the regulations imposed by the WSPD shall prevail.

The regulations herein governing the development and use of lands within the Water Supply Protection Overlay District aquifers shall take precedence over any other conflicting laws, ordinance, or codes, and are established for the following purposes:

The Water Supply Protection Overlay District (the "WSPD") shall apply to those areas so designated on the Official Zoning Map that is part of this chapter and on file at the Town Clerk's office and on display in the Building Inspector's office.

The map of the Water Supply Overlay District is based upon natural topography and estimated groundwater recharge flow lines, not property boundaries. The boundaries of the water supply basin include subwatersheds of the Blackstone Watershed, a drinking water subwatershed of the Peters River to mouth area known as the "Crookfall Brook Watershed." The primary groundwater protection areas were delineated by the RI DEM pursuant to the methodology described in the Groundwater Quality Rules, June 2010, and amendments thereto.

The Crookfall Brook Watershed encompasses and is home to the City of Woonsocket public drinking water natural resource. Accordingly, the City of Woonsocket, Town of Lincoln, and Town of Smithfield shall be notified regarding projects within the Crookfall Brook Watershed. Projects falling within the GAA area in the northern part of North Smithfield shall require notice to the Towns of Uxbridge, Millville, and Blackstone, Massachusetts.

Overlay zones were determined using an analytical model for delineation from RI DEM [specifically the United States Geological Survey 7.5-minute quadrangle maps (1:24,000 scale)]. All district boundaries may be revised based upon improved data and delineations provided by RI DEM through amendments to Groundwater Quality Rules and RIGIS updates.

The requirements of this overlay district shall apply only to the property included within the district boundaries, regardless of the location of lot lines or zoning district lines, unless otherwise specifically provided.

The purpose of the development plan review of uses in the Water Supply Protection Overlay District is to ensure all changes in the nature and intensity of land use are designed and constructed in a way to minimize on the aquifer.

Development plan review (DPR) under this section shall be required for the following:

The approval authority under this Water Supply Protection Overlay District shall be the Planning Board as a land development project (LDP) subject to development plan review (DPR) in accordance with Part 6 of this chapter. Such DPR shall only be approved if the Planning Board (Board) determines that the intent of this chapter and each of its specific criteria are fully met. In making such determination, the Board shall consider the demonstrated reliability and feasibility of the use and pollution control measures proposed and the degree of threat to water quantity and quality which would result if the control measures performed at less than design efficiency. In addition, the Board shall take into consideration the sensitivity of the water body to which the site drains. A water body and its watershed will be considered sensitive if a total maximum daily load is written or under development for it, or it is included on RIDEM'S 303(d) list, or is included on RIDEM'S list of Special Resource Protection Waters (Appendix D of the Water Quality Regulations) or has been noted by the Town Council or the Comprehensive Plan to be a critical resource of special concern. The Board may impose such conditions, safeguards, and limitations as it deems appropriate. The Board shall document the basis for any departures from the recommendations of other Town boards or agencies in its decisions.

Any use or accessory use which is not a permitted use as contained in § 340-3.4, District Use Regulations Table, or is not authorized by special use permit in the underlying municipal zoning district shall be classified as a prohibited use.

Contaminants of concern shall be regulated as health standards become available by RIDEM and EPA.

Any uses identified by RIDEM in Groundwater Quality Rules (250-RICR-150-05-3), Active Rule and as amended.

Any lawfully established use in effect prior to the adoption of this article on December 18, 2023, may be exempt from the LDP review requirements contained in this Article XV, Water Supply Protection Overlay District, subject to the following criteria:

Detached single-family and two-family dwellings and associated accessory uses shall be exempt from the LDP review requirements contained in this Article XV, Water Supply Protection Overlay District.

Expert testimony. At the request of the Planning Board, and in compliance with RIGL 45-23-58, Administrative fees, the Planning Board may, in order to provide for adequate review and hearing of applications, engage a professional civil engineer, hydrologist, geologist, soil scientist, or other appropriate professional for outside expertise, in an amount not to exceed the actual costs incurred, to be paid by the applicant, to provide findings and recommendations, including a statement of general consistency of the application with the goals and purposes of this article. Said findings shall be provided to the Planning Board and the applicant and shall be a public document available for review in the Planning Office.

Application contents. In addition to the requirements of the North Smithfield Zoning Ordinance, including submission materials contained in § 340-6.4, Application contents, and all applicable state and federal requirements, the following requirements will apply:

Review by other Town boards or agencies. Upon receipt of the application, the Planning Office shall transmit forthwith a copy of the application to the Conservation Commission, Town personnel, and other such boards or agencies as it may deem necessary or appropriate for their written reports. Any such board or agency to which petitions are referred shall make recommendations or submit such reports as they may deem appropriate and shall send a copy thereof to the Planning Board and the applicant within 30 days of receipt of the application by such board or agency. Failure to make a written recommendation or submit a written report within a thirty-day period shall be deemed a lack of opposition.

Approval criteria. After notice and public hearing, and after due consideration of the reports and recommendations of other Town personnel, boards and agencies, the Planning Board may grant approval if it finds the proposed use has met the following criteria, which includes but is not limited to:

At a minimum, the following design and operation guidelines shall be observed within the Water Supply Protection Overlay District:

All facilities constructed in accordance with this section shall be maintained by the owner to assure their ability to function as designed. Failure to properly maintain said facilities shall constitute a violation of this article and is subject to enforcement action by the Town.

Enforcement. It is the intent of this article that all questions of interpretation and enforcement shall first be presented to the Zoning Enforcement Officer and that all questions shall be presented to the Zoning Board of Review only on an appeal from the Officer. Interpretation, enforcement, and appeals shall be conducted in compliance with § 340-5.18 of this chapter.

Violations. Written notice, via certified mail, of any violation of this article shall be given by the Officer to the responsible person within 48 hours of confirmation of the violation, specifying the requirement or restriction violated, the actions necessary to remove or remedy the violations, preventive measures required for avoiding future violations and a schedule of compliance. The costs of containment, cleanup, or other action of compliance shall be borne by the owner or operator of the premises.

Penalties. Violations of this section shall be subject to the penalties and actions as prescribed in § 340-5.33, Violations and penalties, of this chapter.

Fee schedule. A schedule of fees, charges, expenses, and penalty fees shall be established in conformation with § 340-5.29 of this chapter.

To protect natural resources, including but not limited to those areas containing woodlands, unique or specimen vegetation, streams, floodplains, wetlands, aquifers to their recharge areas, agricultural lands, wellheads and vernal pools, by setting them aside from development;

To preserve cultural, historical and archaeological resources;

To protect recreational resources;

To provide greater design flexibility and efficiency in the siting of services and infrastructure, including wastewater disposal systems and wells, and to reduce length of roads, utility runs, and the amount of paving required for residential development;

To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups and residential preferences so that the population diversity of the community may be maintained;

To implement adopted municipal policies to conserve a variety of irreplaceable and environmentally important resources as set forth in the Comprehensive Plan;

To provide reasonable incentives for the creation of a contiguous greenway system within the Town;

To implement adopted land use, transportation and community service policies as set forth in the Comprehensive Plan;

To protect areas of the Town with productive agricultural soils to encourage continued or future agricultural use by conserving blocks of land large enough to allow for efficient farm operations;

To create neighborhoods with direct visual and/or physical access to open land, with amenities in the form of Town open space, and with a strong neighborhood identity;

To provide for the maintenance of open land set aside for active or passive recreational use, stormwater drainage or conservation lands;

To conserve and create scenic views, to protect views along scenic roadways, and, where appropriate, to preserve the rural character of the Town; and

To provide a buffer between new development and existing streets, neighborhoods, active farmland and adjacent park or conservation land.

In accordance with the procedure set forth in the Land Development and Subdivision Regulations, the Planning Board may allow a land development project or subdivision to be developed as a conservation development only in the following Zoning Districts: RU-20, RS-40, RA-65 and REA-120.

Conservation developments shall only be allowed when specifically requested in writing by the applicant. The Planning Board cannot require an applicant to develop a conservation development.

If an applicant requests approval of a major or minor conservation development, the Planning Board shall, at the preapplication stage of review (major) or informal concept review stage (minor), require the applicant to submit two alternative plans for the property proposed for development as follows:

At this initial stage of review, the Planning Board shall determine if a conservation development would be consistent with the purposes of the Land Development and Subdivision Regulations, and with the purposes of conservation developments set forth in § 340-4.49 herein. Based on this determination, the Planning Board may permit the applicant to proceed with a conservation development.

At this initial stage of review, if the Planning Board finds that the conservation development alternative is not consistent with the purposes described in Subsection D, above, the Board may disallow the conservation development and require the applicant to proceed with the conventional subdivision.

The applicant shall then submit plan(s) for the development preferred by the Planning Board in either Subsection D or E above. Plans shall be submitted at the master plan stage of review (major) or preliminary stage of review (minor) in accordance with the procedures and requirements of the Land Development and Subdivision Regulations. Nothing herein shall prevent an applicant from requesting an additional preapplication meeting or informal concept review.

Administrative subdivisions and subdivisions that create lots which are not for the purpose of present or future development are not eligible to be developed as a conservation development.

In RU-20 Zoning Districts, all conservation developments must be provided with public water and sewer service. Privately owned wells and/or sewage treatment systems and/or individual sewage disposal systems (ISDS) for individual lots in a conservation development shall not be allowed in RU-20 Zoning Districts.

Application for all conservation development land development projects shall be made in accordance with the procedures of the Town's Land Development and Subdivision Regulations, whether a subdivision or not.

The following residential uses are permitted as a principal use (Y) in a conservation development:

Accessory uses customarily incidental to a use permitted in the district and located on the same site are permitted by right. Any accessory use customarily incidental to a use allowed by special use permit in the district and located on the same site is permitted by special use permit.

The open space in a conservation development shall be devoted only to conservation purposes or for park, recreation, forest management and agricultural purposes.

The open space shall be established as a lot or lots separate and distinct from the lot or lots intended for residential and accessory uses, and from land dedicated as street rights-of-way.

The minimum amount of required open space area shall be based on a percentage of the land suitable for development in the entire conservation development as provided in the table below. Land deemed unsuitable for development as defined in § 340-3.5C of this chapter shall not count towards the minimum required open space area.