Groundwater Protection District.
§ 218-46. Groundwater Protection District.
The purposes of the Groundwater Protection (GWP) District are to protect, preserve and maintain the quality and supply of the groundwater resources upon which the Town depends upon for a present and future water supply. It is also intended to implement the Town of Charlestown Comprehensive Plan 1991. The character of soils and subsoil conditions in this district is such that any use introducing pollutants, contaminants or wastes into the soil or the natural drainage system could adversely affect the quality of drinking water sources. The entire Town is dependent upon groundwater, therefore, regulation of land uses and land use practices that could contribute to the degradation of groundwater quality is necessary to ensure that the Town's current and future water sources are suitable for drinking water use. The entire Town is designated a moderate protection district for groundwater protection to be regulated by the prohibited uses, district use table, and the performance standards of this Ordinance. This Section is further intended to establish the GWP District as a high protection district.
A. Designation. The GWP consists of the wellhead protection areas and aquifer reservoirs and recharge areas described below and which appear on the Town of Charlestown Zoning Official Maps that are part of this Ordinance and on file at the Town Clerk's Office and on display in the Building Inspector's office.
(1) Wellhead Protection Area. This area is defined as the community water system wellhead protection areas in Charlestown delineated by the RI DEM according to the Rhode Island Wellhead Protection Program, RI DEM, May, 1995 and any amendments thereto. The following community water suppliers have wellhead protection areas within Charlestown:
(a) Castle Rock Apartments.
(b) Shady Harbor Fire District.
(c) East Beach Landing Condominiums.
(d) Central Beach Fire District.
(e) Border Hill Mobile Home Park.
(f) Indian Cedar Mobile Home Park.
(2) Groundwater Reservoir and Critical Recharge Area. This area is defined as the Lower Wood, Beaver-Pasquiset and Bradford groundwater reservoirs and the critical portions of their recharge area as delineated by the RI DEM pursuant to the method described in Policies and Procedures for Mapping Recharge Areas to Groundwater Reservoirs for GAA Classification, RI DEM, March 1990 and which are classified GAA by the RI DEM.
(3) Discrepancy. Should there be a question whether an area is located in a groundwater protection area, the burden to prove the location is outside of the overlay district is the applicant's responsibility.
B. Permitted Uses. Any use permitted by right or special use permit in the primary zoning district unless listed below or proven in the future to be hazardous to groundwater.
C. Prohibited Uses.
(1) Any use not permitted in the underlying zoning district.
(2) Any use prohibited in § 218-38, Prohibited uses.
(3) Hazardous waste treatment, storage, and disposal facilities.
(4) Solid waste transfer stations;
(5) Commercial wood preserving and furniture painting and refinishing;
(6) All uses which discharge waste water on-site to the subsurface through septic systems, injection wells, dry wells, galleys or other means; except for the discharge of sanitary waste in accordance with an approved RI DEM individual sewage disposal system.
(7) The washing of automobiles or trucks except as incidental to residential uses;
(8) Underground storage of petroleum products and hazardous materials in any quantity. Replacement or upgrade of preexisting storage facilities to modern technologies would be exempt from this provision only if deemed to be in the public interest to do so;
(9) Storage or piping of petroleum or refined petroleum products, except within buildings where the purpose of said petroleum products is to provide heat when burned. Storage of liquid fuel for said heating purpose more than five hundred gallons is prohibited except for storage of said liquid fuel that conforms with the regulations and permitting procedures of the RI DEM.
(10) The parking of vehicles for the storage or delivery of fuel oil or hazardous material for a period exceeding two hours in every twenty-four hour period;
(11) Uncovered storage of road salt and deicing chemicals and sand, and open storage of sand, soil and gravel;
(12) Metal plating and etching;
(13) Chemical, bacteriological, and medical research laboratories, and biotechnology facilities;
(14) Taxidermy.
(15) Interior floor drains.
D. Site Plan Review. Site plan review shall be required before the issuance of any building permit for any proposed use within the GWP District. Uses that are exempt in ARTICLE XII § 218-71C(1), Site Plan Required, shall be exempt from review in the GWP. Proof shall be submitted by the applicant that the proposed use will not cause contaminants to enter the groundwater in concentrations that could limit or impair the use of the groundwater as a drinking water supply. The Planning Commission shall review applications falling under ARTICLE XII § 218-71B, Planning Commission and the Town Planner shall review applications falling under ARTICLE XII § 218-71A, Town Planner.
(1) Design Review and Standards. In addition to the materials required for site plan review, the following shall also be considered in the GWP District:
(a) The simplicity, reliability and feasibility of the control measures proposed and the degree of threat to water quality and/or quantity that would result if proposed control measures were to fail.
(b) Restrictions and conditions may be imposed on a site plan approval that will safeguard groundwater and protect the source of water supply for the Town.
(c) The applicant shall submit an Environmental Impact Statement in support of its application. The Environmental Impact Statement shall cover at a minimum the following;
[1] A complete list of all chemical, pesticides, petroleum products, and other hazardous materials to be used or stored on the premises, accompanied by a description of measures proposed to protect them from vandalism, corrosion, leakage, spill prevention and countermeasures;
[2] A description of potentially hazardous wastes to be generated, indicating a storage and disposal method.
[3] A plan showing the dimensions, elevations and nature of the proposed use; the amount, area and type of proposed fill, area and proposed nature of proposed grading; proposed drainage facilities; proposed roads, water and other utilities; and, specifications for building construction and material;
[4] An erosion and sedimentation control plan conforming to the 1989 Rhode Island Soil Erosion and Sediment Control Handbook and any amendments thereto, and
[5] A plan for stormwater management conforming to the 1993 Rhode Island Stormwater and Installation Standards Manual and any amendments thereto.
(d) The applicant may be required to additionally address the following:
[1] A map showing the existing environmental setting to include all man-made, natural and physiographic features within five hundred feet of the property line including but not limited to wetlands or water bodies, topographic contours at two foot intervals, vegetation and existing development;
[2] A soils report by a Professional Soil Scientist, registered with the Society of Soil Scientists of Southern New England, to include the depth to groundwater, and soil strata description to fifteen feet;
[3] A report by a groundwater hydrologist on the present surface and groundwater water quality conditions, the rate and direction of groundwater movement and a description of the analysis method used; and the potential impact to ground and surface waters from the proposed use. Such report shall also include the cumulative impacts of discharge pollutants over an extended period of time and a description of mitigation measures to include identification of any irreversible alteration of natural features as a result of the proposed action and potential cumulative impacts of water withdrawal if applicable;
(2) Construction Standards. The following standards shall be used for all new uses within the GWP District, and all alterations, renovations or upgrades of existing facilities:
(a) Upgrades of existing underground storage tanks shall be designed to meet or exceed the DEM and EPA standards and have;
[1] Exterior coating/interior coating with epoxy resistant to materials it holds;
[2] Vented with a minimum of eight foot extension above grade; and
[a] A high level sound alarm;
[b] Non-shrink groat around inlet piping;
[c] Extension to grade from tank itself for manhole cover;
[d] Groundwater elevation below the bottom of tank.
(b) No washing or rinsing of dumpsters shall occur on-site.
(c) Dumpsters that are used to store industrial wastes shall be covered or located within a roofed area and have drain plugs intact.
(d) Chemical or hazardous material storage tanks including drums located outside shall have containment dikes or berms surrounding them. Containment dikes shall be coated concrete or metal large enough to contain one hundred and ten percent of tank capacity. Roof shall be placed over contaminate area to prevent precipitation from entering containment area.
(e) Roof runoff shall be directed into dry wells or infiltrator units.
(f) Drum storage areas shall be contained within a dike or berm with concrete or bituminous base.
(g) Water conserving devices for showers, toilets and sinks shall be installed.
(h) A minimum of twenty percent undisturbed open space land must be retained.