Section 1100 - Purpose

The purpose of the Watershed Protection District (WPD) is:

A. To protect, preserve and maintain the quality and supply of groundwater and surface water upon which the residents of the Town of Middletown and others depend;

B. To protect the quality and supply of water by regulating the use and development of land adjoining water courses or primary water recharge areas and to prevent uses of land detrimental thereto; and

C. To protect the health, safety and general welfare of the public. (back to top)

 

Section 1101 - Definition of District

The Watershed Protection District is superimposed over any other zoning district established by this Ordinance. The regulations imposed by the WPD shall be considered to supersede the regulations of the underlying district. The Watershed Protection District is subdivided into two (2) sub-districts, designated Zone 1 and Zone 2.

Zone 1 is an area which is critical to the protection of surface and sub-surface water supplies and requires a high degree of protection from incompatible land uses.

Zone 2 is the watershed area which is contributory to surface water runoff to the primary water bodies contained in Zone 1, and which drains into Zone 1 areas either though surface water runoff or groundwater movement. (back to top)

 

Section 1102 - Areas within Zone 1

Areas within Zone 1 of the WPD are as follows:

A. Areas shown on the Official Zoning Map as that area within two hundred (200) feet from the centerline of a watercourse or the edge or bank of a surface water body or as otherwise shown on the Official Zoning Map; and

B. Those areas of Stissing silt loam (Se) as generally designated on Soil Survey of Rhode Island, U.S. Dept. of Agriculture, Soil Conservation Service, issued July 1981, the provision of which are incorporated herein by reference thereto; and

C. Those areas of Mansfield mucky silt loam (Ma) as generally designated on said Soil Survey of Rhode Island, referenced in Section 1102B above.

D. NOTE: Recognizing that the standards employed in making said Soil Survey of Rhode Island allow for inclusion of small areas of contrasting soils, said soil survey map may be superseded provided the applicant provides adequate soil description information to the Zoning Board of Review. Such detailed soils information should be prepared by a qualified soil scientist and be presented using the descriptive terminology defined in the National cooperative Soil Survey. (back to top)

 

Section 1103 - Uses Permitted in Zone 1

Buildings, structures and land in Zone 1 may be used only for the following purposes:

A. Conservation of soil, water, plants, and wildlife;

B. Water supply facilities and accessory uses and structures;

C. Public water and/or sewer transmission pipelines or related facilities;

D. Public streets or highways;

E. Public or private parks;

F. Uses customarily accessory to residential uses;

G. Stormwater detention and/or retention areas or systems.

Uses listed in subsections A through G above are permitted in Zone 1 areas by right. All other uses otherwise permitted by right (X) or by special-use (S) by Section 602 on lands within Zone 1 of the Watershed Protection district shall be permitted only by the granting of a special-use permit by the Zoning Board of Review in accordance with the provisions of Article 9 and Section 1106 of this Ordinance. (back to top)

Section 1104 - Areas within Zone 2

Areas within Zone 2 of the WPD are shown on the Official Zoning Map. (back to top)

Section 1105 - Uses Permitted in Zone 2

Any use permitted in the underlying zoning district by right (X) or by special-use permit (S) in Section 602, with the exception of the following uses:

A. Outdoor lot storage and wrecking of junk or salvage materials; automobile junk yards;

B. Outdoor lot storage of flammable or explosive material, including petroleum products;

C. Sewage treatment plant;

D. Incinerator;

E. Sanitary landfill;

F. Solid waste transfer station;

G. Storage of bottled gas oil or other liquid petroleum products;

H. Vehicle washing establishment;

I. Manufacturing uses which discharge wastewater other than surface water runoff into surface or sub- surface disposal systems other than a public sewer system;

J. Accessory uses to the principal use which involve any of the following practices:

1. Road salt or de-icing chemical storage;

2. Storage or disposal of hazardous wastes as defined by Rules & Regulations for Hazardous Waste Generation, Transportation, Treatment, Storage & Disposal, R.I. DEM, July 18, 1984;

3. Placement of an Individual Sewage Disposal System (ISDS) within 150 feet of a fresh water wetland as defined in Article 4 of this Ordinance;

4. Above ground or underground (buried) storage of liquid fuel in excess of three hundred (300) gallons for any use; except uses subject to the provisions of Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials, State of Rhode Island, Dept. of Environmental Management, April 18, 1985, and subsequent amendments thereto.

K. Bulk storage of fuel oil in tank trucks greater than 250 gallons.

L. Chemical and Bacteriological laboratories.

M. Commercial electroplating and etching. (back to top)

 

Section 1106 - Procedure of Special-Use Permits in Zone 1 or Zone 2

This Section is applicable to the following uses:

A. Uses within Zone 1 otherwise permitted in the underlying zoning district (S or X) pursuant to Section 602. Uses listed in Section 1103 A. through G. are permitted by right and are not governed by the provisions of this Section.

B. Uses in Zone 2 listed in Section 1105 A. through J.4.

Special-use permits for these uses shall be granted by the Zoning Board of Review only if the Board determines that said proposed use would not be inimical to the public health, safety and welfare and that such use would not conflict with the purposes for which the WPD has been established. The Zoning Board of Review shall not act upon the granting of a special-use permit until the question has been referred to, and an advisory report has been received from, the Planning Board and the Conservation Commission. Said advisory report shall be submitted by the Planning Board and Conservation Commission to the Zoning Board within 45 days of receipt of plans. The Zoning Board shall then hold a public hearing on the application for a special-use permit. Where the decision of the Zoning Board of Review differs from the recommendations of the Planning Board or Conservation Commission, the reasons therefore shall be clearly stated in writing.

Applications for special-use permits in accordance with the provisions of this Section shall meet all applicable requirements of Article 9 of this Ordinance, plus the requirements of Section 1107 below. (back to top)

Section 1107 - Special-Use Permit Submission Requirements

The following, where applicable, shall be submitted to the Zoning Board of Review in applying for a special-use permit for uses in Zone 1 and/or Zone 2 as required by Section 1106 above:

A. A complete list of all chemicals, fuels and other potentially toxic or hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use;

B. Soil survey data with water table and soil percolation tests prepared and certified by a registered professional engineer;

C. A topographical survey of the property with two (2) foot contour intervals;

D. Water quality analysis of the property, to include ambient (existing) water quality measurements of both groundwater and surface water (if applicable) in the vicinity of the proposed project or construction. A report outlining detailed sampling and testing methods and procedures as required by this Section shall be submitted, including information on the qualifications of the firm, individual or laboratory performing said sampling or testing. Analysis shall be based upon sampling and testing performed within one (1) year of the submission of the application to the Zoning Board of Review.

Groundwater samples shall be tested for the presence of the following components or other such components as may be required by the Zoning Board of Review:

Surface water samples shall be tested for the presence of the following:

a. Dissolved Oxygen

b. Fecal Coliform

c. Total Coliform

d. pH

e. Water quality as set forth in Table I, Water Quality Regulations for Water Pollution Control, State of Rhode Island, Dept. of Environmental Management, Division of Water Resources, December 20, 1984, and subsequent amendments thereto;

E. Primary data on the rate and direction of groundwater movement on the property, or in the vicinity of the proposed construction or use, with detailed description of the methods and procedures used;

F. A detailed narrative report by a hydrologist, geologist, agronomist or related soil/hydrology scientist regarding present water quality conditions and the potential impact to groundwater and surface water supplies as a result of the proposed special use, including cumulative impacts over an extended period of time. Such report shall address mitigation measures to alleviate any potential sources of pollution, and shall also address alternatives to the proposed construction or use;

G. Any other pertinent date requested by the Zoning Board of Review which the Board deems necessary to properly assess impacts upon water quality and to insure compatibility of the special-use with the purposes and intent of the Watershed Protection District. (back to top)

 

Section 1108 - Site Design Standards

The following site design standards shall be required for all permitted uses by special-use permit or otherwise, in the Watershed Protection District:

A. Surface water runoff shall, to the degree feasible, be directed towards areas covered with vegetation for surface infiltration; and

B. Where the premises are partially outside of the WPD, site design shall, to the degree feasible, locate such potential pollution sources as Individual Sewage Disposal Systems outside of the District; and

C. Surface water runoff shall be directed, to the degree feasible, towards the lesser restricted district where the premises is located within two or more districts. (back to top)