The Kickemuit Reservoir is an integral part of the drinking water supply system serving the Towns of Warren, Bristol and Barrington, and operated by the Bristol County Water Authority, or its successor. The purposes for establishment of the watershed protection overlay district for the Kickemuit Reservoir are:

A.

To promote the health, safety and general welfare of the town and the residents of the East Bay.

B.

To protect the potable surface water supply within the Town of Warren through the control, limitation or prevention of inappropriate development, land use practices and activities which may degrade the water quality of the reservoir.

The watershed protection overlay district shall overlie portions of other zoning use districts established by this ordinance. The watershed protection overlay district shall apply to all new construction, reconstruction or expansion of existing buildings; to all new, expanded or modified uses of property; and to any proposed subdivision of land within the defined boundaries of the district. That area of the town within the watershed protection overlay district shall be subject to both this article and to the provisions pertaining to the underlying use districts in which such area is located.

The watershed protection overlay district shall consist of that area so delineated on a map titled "Kickemuit Reservoir Watershed Protection Overlay District Map, Town of Warren, R.I." attached to this ordinance and filed at the office of the building official. The boundary of the overlay district is that area within the Town of Warren, which is within the watershed of the Kickemuit Reservoir as determined by the general topography of the land and defined as that land area which drains directly to the reservoir. In the event there is a discrepancy between the map and the criteria used to generate the map, the criteria shall control.

Where a lot is partially within the overlay district, the entire lot is considered to be within the district, and is subject to the requirements of this article.

The following uses and activities are prohibited within the watershed protection overlay district:

A.

Any uses which discharge wastewater on-site to the subsurface through dry wells, floor drains, lagoons, cesspools or any other subsurface infiltration system, with the exception of:

1.

A department of environmental management (DEM) approved individual sewage disposal system (ISDS).

2.

Condensate water and roof drainage originating from natural precipitation.

B.

The installation of new underground storage tanks containing petroleum products or hazardous materials, excluding the installation of new underground storage tanks which replace existing tanks used for commercial purposes or which are under the jurisdiction of DEM.

C.

Incinerators, solid waste landfills, transfer stations and recycling facilities.

D.

Land disposal of sewage sludge, and septage and sludge composting facilities.

E.

The mining of land, or the alteration of any natural site features or topography, except as incidental to a permitted use.

F.

Road de-icing using sodium chloride, and the storage of road salt or de-icing materials.

G.

Commercial petroleum product storage or distribution.

H.

Motor vehicle salvage operations and vehicular service and repair shops.

I.

Bus and truck terminals, railroad yards or related maintenance facilities.

J.

Commercial car washes.

K.

Pesticide and fertilizer businesses or storage of pesticides or fertilizers other than in amounts normally associated with household or agricultural uses.

L.

Commercial plating, finishing or polishing of metals.

M.

Furniture stripping and refinishing businesses or the process of wood preserving and lumber treatment.

N.

Machine shops, metal working shops and welding shops.

O.

Commercial printing and fabric dyeing operations.

P.

On-site dry cleaning.

Q.

Commercial photographic processors.

Any use that is not specifically prohibited in this article or under any other applicable law or regulation, and is allowed in the underlying zoning district pursuant to article VIII of this ordinance, shall be subject to the provisions of this article. Prior to the issuance of a zoning permit by the building official, all such uses shall be subject to site plan review by the planning board with the exception of the following:

A.

Single family residential and accessory uses.

B.

Public park or preservation.

C.

Public or semi-public religious, recreation or education uses proposed within existing structures.

In reviewing a development proposal within the watershed protection overlay district, the planning board shall require that the following information be provided:

A.

A description of the proposed development, including a listing of any proposed hazardous materials to be used, stored and/or generated on-site, accompanied by a description of the measures proposed for containment, storage and disposal of such hazardous material.

B.

A plan showing site conditions, including existing development, topography, vegetation and the location of wetlands and water bodies.

C.

A plan showing the proposed development including locations of buildings and roads and parking areas, and proposed contours.

D.

Information on site drainage and/or proposed drainage systems submitted by a registered professional engineer, where applicable.

E.

An erosion and sediment control plan under article V of the Town of Warren Erosion and Sediment Control Ordinance, if required.

All applications for development within the watershed protection overlay district which require site plan review, including all applications for residential subdivision, shall be referred to the warren conservation commission. The conservation commission shall have twenty-one (21) working days to review the application and submit a report and recommendations thereon to the planning board. For those developments involving an application for a residential subdivision, the report shall be submitted to the planning board prior to the public hearing on the plan.

The conservation commission may visit the site of the proposed activity, and in their report recommend that the site plan be approved as submitted; that it be approved with changes as listed; or that it be disapproved and the reasons therefore.

The following standards shall apply to any development proposed within the watershed protection overlay district:

A.

There shall be no net increase in surface water runoff from any development, based upon the peak rate calculated for a ten-year storm. Runoff shall be directed to areas covered with vegetation for surface infiltration. Catch basins and piped storm sewers shall only be used where other methods are infeasible, and when such devices are used, they shall include a mechanism for separation of oil and grease.

B.

Impervious material shall cover no more than fifteen (15) percent of any lot area, except for those uses which are allowed a maximum building lot coverage within a given district in excess of fifteen (15) percent, in which case the total area of impervious surface shall not exceed the maximum building lot coverage, as defined in article IX of this ordinance. In no case shall the maximum building lot coverage for a given use in any given district be exceeded.

C.

No development, including any individual sewage disposal system (ISDS), shall take place, nor any natural vegetation be disturbed, within two hundred (200) feet of the Kickemuit Reservoir, any other water body or stream.

D.

The construction of any ISDS shall be in compliance with state department of environmental management (DEM) standards, and the use of septic system cleaners and/or acids is prohibited.

In addition, in reviewing proposed developments not exempt under section 32-138 of this ordinance, the planning board shall determine, taking into full consideration the report of the conservation commission, that the proposed use or development will not cause, or does not have the potential to cause, short or long term degradation to the water quality of the Kickemuit Reservoir with respect to established pollutant standards.

The planning board shall also review the site plan to insure that the proposed development adheres to the following performance and design standards where applicable:

A.

All new structures and expansions, paved areas and land disturbances shall be designed so as to minimize or prevent the discharge of any material which may have an adverse impact on the water quality of the reservoir.

B.

The storage of hazardous materials and petroleum products shall be located within a building unless it is determined that indoor storage will not meet fire safety standards. No new underground storage tanks shall be permitted.

C.

The exterior storage of hazardous materials and petroleum products contained within any tank larger than two hundred and seventy-five (275) gallons shall be located within a containment structure that meets the following standards:

1.

The base and surrounding dike shall be impermeable and compatible with the material being contained.

2.

The containment structure shall be protected by a roof and adequate sides to prevent exposure to stormwater. It shall also be protected from vehicular accidents, vandalism, corrosion, leakage or spillage through the use of steel guardrails, secure fencing, concrete barriers or similar devices acceptable to the planning board.

D.

Dumpsters shall be covered or located within a roofed area and shall not have open drain holes.

In its review, the planning board may impose restrictions and conditions which, in its judgment, will safeguard the source of drinking water supply for the town and others.

All existing underground storage tanks, and all above ground storage tanks two hundred and seventy-five (275) gallons or larger in size, which contain hazardous materials or petroleum products and are located within the watershed protection overlay district, shall be subject to the following requirements:

A.

All such tanks shall be registered with the Town of Warren in the office of the building official. The registration must include information on the size and type of construction of the tank, the type of fuel or hazardous material being stored, the location on the premises and evidence of age.

B.

All such storage tanks and their piping shall be precision tested within six (6) months of the adoption of this article. The test shall be any final or precision test not involving air pressure which can accurately detect a leak of 0.10 gallons per hour after adjustment for relevant variables such as temperature change and tank end deflection.

C.

All tanks twenty (20) years of age or greater, or of unknown age, shall be precision tested every two (2) years thereafter. All other tanks shall be tested every five (5) years thereafter until reaching twenty (20) years of age, at which time they shall be precision tested every two (2) years thereafter. A certificate of testing shall be submitted to the office of the building official.

D.

Any tank failing the test shall be emptied and disposed of at the expense of the owner and under the direction of the fire chief of the Town of Warren.

E.

All underground storage tanks shall have overfill protection and corrosion protection installed within one (1) year of the adoption of this article.

F.

In no case shall an existing storage tank be replaced by an underground storage tank.

Where the boundaries of the watershed protection overlay district are in dispute, the burden of proof shall be upon the owner of the land to show where the boundaries should be located. At the expense of the owner, the town may retain a professional hydrogeologist, professional engineer or other qualified professional as deemed necessary to review the request of said owner and assist in ruling on the relocation request.

A nonconforming use existing at the time of passage of this article may continue unless it poses a direct hazard to the water quality of the Kickemuit Reservoir, or is actually causing some foreign substance, such as oil, salt, chemicals or solid waste to be directly introduced into the reservoir. Such a situation shall be considered to be a violation of this ordinance and subject to the provisions of section 32-12 of this ordinance.

Relief from the provisions of this article may be obtained through the issuance of a special use permit by the zoning board of review, under the provisions of article V of this ordinance. In such cases, it shall be the burden and responsibility of the applicant to prove to the satisfaction of the zoning board of review that the issuance of the special use permit will not adversely affect the source of water supply for the town.

The provisions of this article, including all development standards contained in section 32-141 of this ordinance, shall be enforced by the building official. For those uses not specifically exempt under section 32-138 of this ordinance, the building official shall issue permits for construction within the watershed protection overlay district only after specific approval for said construction has been obtained from the planning board.