Aquifer zoning
(a) Purposes.
(1) In order to protect the water resources of the Town of Burrillville, prevent the development or use of land in the groundwater sources and aquifer area in a manner tending to adversely affect the water quality within the Town of Burrillville, or tending to destroy or have a substantially adverse effect on the environment of the town by virtue of pollution of the land or water by foreign substances including noxious liquids, gases or solid wastes or any potentially harmful conditions which may endanger the health, safety and general welfare of the citizens of the Town of Burrillville. Through use of the following sections, density and uses will be controlled over and around our groundwater sources and aquifer zones;
(2) To protect, preserve and maintain the quality and supply of groundwater reservoirs upon which the residents of the Town of Burrillville and others depend for drinking water supply;
(3) To protect the quality and supply of water by regulating the use and development of land adjoining wetlands and watercourses which replenish groundwater reservoirs, to protect primary groundwater recharge areas, and to prevent uses of land detrimental thereto; and
(4) To otherwise protect the health, safety and general welfare of the public.
(b) Description and designation. Groundwater sources are those that are upstream from any public well site or lying within the drainage basin of a known public water sources. Some examples of such groundwater sources are as follows:
Wallum Lake, Wilson Reservoir, Chocklog River Basin, Round Top River Basin, Herring Pond (a.k.a. Spring Lake), Slatersville Reservoir, Branch River Basin, Nichols Pond, Tarkiln Pond, Pascoag Reservoir, Chepachet River Basin, Sucker Pond, Clear River Basin, and any other bodies of water which are or may be a recharge area.
And other such areas as may be from time to time delineated by the Ground Water Protection Act (G.L. 1956, § 46-13.1-1 et seq.).
(1) Designation. The aquifer zones and wellhead protection areas are herein established as overlay zones or districts as shown on the "Aquifer Overlay Map of the Town of Burrillville" (duplicated from the U.S. Geological Survey Water Resources Investigations 18-74 on the map number plate 1) and as most recently identified by the Rhode Island Department of Environmental Management (DEM) Office of Water Resources as public water supply Wellhead Protection Areas. Said maps are hereby adopted by reference and are declared to be a part of this section. Said maps shall be on display at the office of the zoning enforcement officer, or available at the Rhode Island DEM, and shall include all land in the town denoted as overlaying saturated stratified drift or of any thickness and of any transmissivity and shall identify all groundwater sources and aquifers. These overlay zones shall take precedence over any other zone use regulation overlaying them in this zoning chapter, unless otherwise mentioned.
(2) Description of aquifer zones. All areas of stratified drift delineated on the "Aquifer Overlay Map of the Town of Burrillville."
(3) Appeal of designation. Where the bounds of the aquifer zones are in doubt or in dispute, as delineated by the overlay map, the burden of proof and all associated expenses shall be borne by the owners of the land in question to show where said aquifer zones are property [properly] located. At the request of the landowners, the town shall engage, at the owner's expense, a professional hydrogeologist or a soil scientist to determine more accurately the location and extent of the aquifer zone.
In the event the classification of groundwater is such that the groundwater source is not suitable for public or private drinking with or without treatment, then the applicant may apply for an exemption from the provisions of this section; provided, however, that the applicant can demonstrate by clear and convincing evidence that any intended use will not cause further deterioration, degradation, or, if applicable, materially interfere with restoration of such groundwater source.
(4) Multiple zone parcels. Parcels containing more than one "A" zone, or if any part of a parcel lies within an "A" zone, the most restrictive zone shall take precedence.
(5) Applicability. The provisions of this section shall apply insofar as groundwater sources are suitable for public or private drinking sources with or without treatment as designated by the director of the department of environmental management under General Laws of Rhode Island, as amended.
(c) Aquifer zones and uses. Land located in an aquifer zone shall have uses that are more restricted than the normal use described in article III as follows:
Transmissivity
(feet/day)Overlay
DistrictPermitted Uses 0—2,500 A-80 Single-family residential, multifamily 1 , recreation/open space, farming 2 , commercial 1 , industrial 1 2,500—5,000 A-100 Single-family, duplex residential, recreation/open space, farming 2 , commercial 3 , industrial 3 5,000+ A-120 Single-family, multifamily, recreation/open space, farming 2 , commercial 3 , industrial 3
1 Must be sewered.
2 Permitted by special use permit only.
3 Nonresidential uses within the aquifer overlay district shall be permittable only if it complies with the maximum wastewater flow requirements specified in subsection 30-202(d), below. With the exception of land within the A-80 district, flow requirements shall apply to all non-residential uses within the aquifer overlay zoning district, even if said use is connected to the municipal or a private sewer/wastewater treatment system.
(d) Lot dimensional requirements. The dimensional requirements shall only apply to residential uses in all aquifer overlay districts and to nonresidential uses in the A-80 if they are greater than those of article IV and said land lies in whole or in part in any aquifer zone. Any dimensional requirements not detailed below shall be the same as those of article IV.
District Lot Sizes
(square
feet)Lot
Width
(feet)Front
Yard
(feet)Rear
Yard
(feet)Side
Yard
(feet)Percent
of
Building
CoverageA-80 80,000 300 40 40 15 15 A-100 100,000 325 40 40 20 8 A-120 120,000 350 40 40 25 5
The table below establishes the maximum wastewater flows permissible for nonresidential development within the A-100 and A-120 aquifer overlay district. Flows are to be determined in accordance with the Rhode Island Department of Environmental Management's "Rules and Regulations Establishing Minimum Standards Relating to Location, Design and Construction and Maintenance of Individual Sewage Disposal Systems", as amended.
|
Maximum Wastewater Flows
(in gallons per day) |
||
|
Lot Size
(in square feet) |
Lot served by
individual subsurface disposal system |
Lot served by
municipal sewer |
| At least 20,000 sq. ft. but less than or equal to 40,000 sq. ft. | 100 gpd | 200 gpd |
| Greater than 40,000 sq. ft. but less than or equal to 60,000 sq. ft. | 215 gpd | 430 gpd |
| Greater than 60,000 sq. ft. but less than or equal to 80,000 sq. ft. | 329 gpd | 658 gpd |
| Greater than 80,000 sq. ft. but less than or equal to 100,000 sq. ft. | 443 gpd | 886 gpd |
| Greater than 100,000 sq. ft. but less than or equal to 120,000 sq. ft. | 565 gpd | 1,130 gpd |
| Greater than 120,000 sq. ft. | 671 gpd plus 115 gallons per day for each 20,000 additional square feet 1 | 1,342 gpd plus 230 gallons per day for each 20,000 additional square feet 2 |
1 For example, a parcel of 140,000 square feet could have maximum wastewater flows of 786 gallons per day (671 gpd + 115 gpd).
2 For example, a parcel of 140,000 square feet could have maximum wastewater flows of 1,572 gallons per day (1,342 gpd + 230 gpd).
(e) Disposal of sewage. Sanitary sewage service shall be provided so as to service all applicable structures and uses by the public sewer system of the Town of Burrillville. Where public sewers are not available, individual sewage disposal systems (ISDS) may be permitted, provided that wastewater generation shall not exceed an average daily rate of 450 gallons per day per residential unit. Calculations of the rate of wastewater discharge shall be based upon standards provided in the Rhode Island Department of Environmental Management (RIDEM) "Rules and Regulations Establishing Minimum Standards Relating to Location, Design and Construction and Maintenance of Individual Sewage Disposal Systems", as amended.
(f) Prohibited uses. The following uses are prohibited in aquifer zones ("A" zones) and wellhead protection areas:
(1) Storage and/or loading of road salt or deicing chemicals.
(2) Incinerators, sanitary landfill sites, solid waste transfer stations and wastewater treatment plants, except publicly owned sewage treatment facilities.
(3) Septage disposal inconsistent with the requirements of this section.
(4) All uses which involve the use or storage of hazardous substances designated under 40 CFR 116, pursuant to section 311 of the Federal Clean Water Act and subsequent amendments thereto or other toxic pollutant as defined under G.L. 1956, § 46-13.1-3, as amended. Provided, however, that minor or insignificant quantities of such substances for office use may be used or stored on the premises if, in the opinion of the zoning enforcement officer and building official, the presence of such substance does not constitute a potential for degradation of surface water or groundwater resources in the area and such substance is contained in a suitable storage area. Insignificant quantities of hazardous substance may be constructed as that which is necessary for the operation of an office or business including the operation of equipment, vehicles or other mechanical systems necessary for the operation of a permitted use. All uses which involve the use or storage of hazardous wastes or materials required for water or wastewater treatment such as storage of chemical products required by statute, rule or regulation are prohibited; such storage in freestanding, above-ground containers with enclosed and covered, full secondary containment are excluded from these criteria.
(5) Storage or piping of petroleum or refined petroleum products, except within buildings in which said petroleum products will provide heat when burned. Storage of liquid fuel for said heating purpose in excess of 300 gallons is prohibited except for storage of said liquid fuel which conforms with the regulations of the Rhode Island Department of Environmental Management (DEM); provided, however, that the department of environmental management has promulgated regulations for said storage. Underground storage of petroleum fuel or refined petroleum products in any quantity is prohibited.
(6) The alteration of any natural site features or topography including but not limited to the cutting or removal of trees or other vegetation, or dumping, filling, excavation, grading, transferring or removal of any gravel, sand, loam or other soft material, rock or ledge, prior to obtaining all permits and approvals for final development plans, including where the use of land is for the primary purpose of agriculture. Where such alteration is less than one-half acre in area or 100 cubic yards in volume and is incidental to a permitted use and performed in the normal course of maintenance or operation of such permitted use, this paragraph shall not apply.
(7) All uses not specifically permitted in the aquifer zones and wellhead protection areas (this section) are prohibited.
(g) Fine for violations. Fines to help ensure conformance of this section will be as follows:
Any violation of sections 30-202 shall have a fine of $100.00 per day. This fine shall begin on the day of finding of said violation and continue until the removal of the violation.
(h) Groundwater sources and aquifer zones separability. If the provisions of the "groundwater sources and aquifer zone" section of the zoning chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the "groundwater sources and aquifer" portion of the zoning chapter which can be given effect without the invalid provision or application, and to this end the provisions of this section of the zoning chapter are declared severable.
(Ord. of 3-10-99(1); Ord. of 4-12-00)