Special provisions
1.4.1. Special provisions; Greenhouse Tier II and Greenhouse Tier III/CEA Facility.
1. Purpose. The purposes of this section are:
A. To support farmland preservation that provides community benefits from a vibrant farm sector balanced with protection of the open agricultural landscape that is a character trait of this rural community;
B. Preserve the agricultural history and economic benefits of commercial agriculture in the Town of Exeter;
C. Support the merging of modern technology with traditional agricultural operations;
D. Provide greater design flexibility in addressing evolving agricultural practices in a balanced way within the community;
E. Promote agricultural practices that reduce soil erosion, improve water quality, and increase farmland productivity;
F. Protect areas of the town with productive agricultural soils for continued or future agricultural use by retaining prime agricultural soils and allowing for efficient farm operations;
G. To create adaptable provisions that promote greenhouse agricultural in equilibrium with the environment and surrounding community;
H. Provide eligibility criteria that ensures adequate, safe, and permanent physical access to public streets with a suitable functional classification to service the traffic volume and speeds associated with the intensity of land use proposed; and
I. Implement performance standards that mitigate light pollution, protect area land uses, groundwater aquifers and their recharge areas, surface water bodies, wetlands, reduce soil erosion, mitigate storm water drainage and safeguard similar environmentally important resources as set forth in the comprehensive plan.
2. Prohibitions; Tier II and Tier III/CEA Facility Greenhouses. The following are strictly prohibited:
A. On site, uncovered stockpiling of greenhouse waste.
B. Growing or processing of cannabis.
C. Anaerobic Digester Biogas Power Plants.
3. Review procedure; Tier II Greenhouse. Shall be subject to the following review and approval by the planning board:
A. "Development plan review (DPR)." The overall design shall meet or exceed the criteria and standards established in the Exeter, Rhode Island - Code of Ordinances Appendix A - Zoning Article II. - Zoning District Use Regulations Section 2.5 entitled "Development Plan Review."
B. "Light pollution mitigation plan." Supplementing the elements of "development plan review" (DPR), the applicant shall present a "light pollution mitigation plan" that provides blackout curtains or darkening screens for both the roof of the greenhouse and the sides or due to cost alternative options such as limiting lighting before daylight and hours after dark (as needed seasonally) may be considered.
4. Eligibility; Tier III/CEA Facility Greenhouse. The subject proposal must conform with ALL of the following:
A. The entirety of the facility shall be located on a single lot of record, or are required to submit an administrative subdivision to merge lots when multiple parcels are proposed; and
B. The entirety of the facility shall be located within an RU-3 zoning district; and
C. The property shall have access and egress and contain the minimum improved frontage on at least one of the following state arterial roadways:
i) R.I. Route 2
ii) R.I. Route 102
iii) R.I. Route 3; and
D. The subject parcel must have a minimum lot size of no less than 40 acres; and
E. Will not result in removing more than 20 percent an existing tree canopy of ten-inch diameter trees (ten-inch diameter tree measured four and one-half feet above the downhill ground level with the exception for the removal of trees which are dead, dying or diseased, or trees which have suffered damage, or any tree whose angle of growth makes them a hazard to structures, roads, or human life.); and
F. Has been in agricultural use and production for the last five consecutive years as verified by the filing of a Schedule F (Form 1040) tax filings "Profit or Loss from Farming" Department of the Treasury Internal Revenue Service.
5. Review procedure; Tier III/CEA Facility Greenhouses. Shall be subject to the following review and approval by the planning board:
A. "Development plan review (DPR)." The overall design shall meet or exceed the criteria and standards established in the Exeter, Rhode Island - Code of Ordinances Appendix A - Zoning Article II. - Zoning District Use Regulations section 2.5 entitled "Development Plan Review."
B. "Enhanced development standards" shall comply with specific enhanced development standards contained in Exeter Rhode Island Code of Ordinances Appendix A - Zoning Article I. - Administration Procedures 1.4.1 (5—8) Special provisions; Greenhouse Tier II and Greenhouse Tier III/CEA Facility.
6. Project review fees; Tier III/CEA Facility Greenhouses. A project review fee shall apply to review by outside consultants due to the projects size, scale or expertise needed to address the project's potential impacts and/or because the town lacks the necessary staff with expertise to perform the review work related to the proposal. The fee shall be equal to the actual cost to the town for such consultant. In hiring outside consultants, the town may engage engineers, hydrologists, lighting engineers, landscape architects, architects, or other appropriate professionals able to assist the board and to ensure compliance with all relevant laws, ordinances, and regulations. Such assistance may include, but shall not be limited to, conducting a peer review, analyzing an application, design review of applications to determine consistency with the purposes and design/dimensional standards contained within Exeter Rhode Island Code of Ordinances Appendix A - Zoning Article I. - Administration Procedures 1.4.1 "Special provisions;" "Greenhouse Tier II and Greenhouse Tier III/CEA Facility." Project review fees are to be funded by the applicant separate from, and in addition to, fees imposed by the town for application and inspection.
7. Minimum design standards; Tier III/CEA Facility Greenhouse. The application shall conform with all of the following design criteria:
A. The greenhouse structure shall allow the existing soils to remain in place during operation of the greenhouse or stored onsite; and
B. The greenhouse shall be considered the primary use of the property; and
C. The facility must eliminate 99 percent of supplementary grow lighting through the use of wall and ceiling light abatement curtains or other mitigation measures such that less than one percent of interior lighting within the facility shall be visible from the boundaries of the property. Exterior lighting of the building(s), parking lot(s), and loading docks shall be Dark Sky compliant; and
D. The site must be designed to setback the building, parking lot and off street loading a minimum of 150 feet from front property line and preserve the front yard as open field or agriculture; and
E. Locate and/or orient all buildings, structures, including but not limited to, loading, packing, water storage, power systems, chillers, C02 systems, ventilation fans and waste disposal containers to maximize the separation distance to abutting residential uses and sensitive natural ecosystems.
8. Dimensional standards; Tier III/CEA Facility Greenhouse. The application shall conform with ALL of the following:
A. Shall not exceed 25 acres under cover excluding the floor area dedicated to mechanical or electrical equipment, packaging area, and supporting facilities dedicated to shipping and receiving except that this area shall not exceed ten percent of the total square footage of the greenhouse; and
B. Off-street parking and loading should be designed to accommodate the maximum expected number of workers per shift the overall parking loading layout subject to Planning Board approval.
C. The design shall comply with dimensional requirements of the ordinance with eligible exemption to the maximum percentage of lot coverage in Zoning District RU-3 as provided within the Town of Exeter Code of Ordinances Appendix A, Zoning, Article XIII. - entitled Maximum Lot Coverage Of All Buildings.
D. The height of a CEA shall not exceed 35 feet.
E. All structures and impervious parking lots and off-street loading must be setback a minimum of 150 feet from front property line.
F. The overall design shall meet or exceed the criteria and standards established in the Exeter, Rhode Island - Code of Ordinances Appendix A - Zoning Article II. - Zoning District Use Regulations section 2.5 entitled "Development Plan Review AND Exeter, Rhode Island - Code of Ordinances Appendix A - Zoning Article II. Special provisions section 1.4.1(9) entitled "Enhanced Development Standards" as determined by the planning board.
9. Enhanced development standards; Tier III/CEA Facility Greenhouse. The application shall conform with ALL of the following design criteria:
A. Project viability. The applicant shall provide a narrative that demonstrates the project is following the eligibility, design and dimensional requirements contained within the zoning ordinance and is in overall compliance with the comprehensive plan. The narrative shall substantiate that adequate services are available to the property and describe employment and occupancy of the facility as well as explain the general greenhouse operation of the facility, hours of operations and horticulture practices to be engaged, and if necessary, information regarding the financial stability of the applicant/corporation/business demonstrating that they retain sufficient resources to develop, operate and if needed, dismantle the facility.
B. Groundwater. The applicant shall provide a groundwater impact assessment from a qualified professional (subject to peer review) verifying the design proposed will not adversely impact the quality and quantity of the surrounding groundwater resources and wells located within a 200-foot radius of the subject property.
C. Water recycling plan. The applicant shall prepare a water recycling plan describing how the facility plans to capture and recycle water and how they plan to use well water as a source of potable water and/or irrigation. The plan must detail the impact of 100 percent water recycling from the rooftop on groundwater recharge and if 100 percent recycling is not possible how the waste fertilizer solution or leachate will be managed so as not to adversely impact area water quality both surface and groundwater. Specifically, verify that the water recycling plans is compliant with the State Rhode Island Department Environmental Management Regulations as well as pertinent state and federal laws. (Subject to peer review).
D. Light pollution. The applicant shall provide a photometric light study from a qualified professional (subject to peer review) verifying the design proposed will eliminate 99 percent of supplementary grow lighting through the use of wall and ceiling light abatement curtains or other mitigation measures. The photometric light study shall also validate that the lighting design both interior and exterior of the building (s), parking lot(s), and loading docks do not result in skyglow, (brightening of the night sky in the rural community), light trespass (light falling on neighboring properties), glare (excessive brightness), light clutter (bright, confusing, and excessive groupings of light sources).
E. Traffic impact study (TIS). The applicant shall complete a traffic impact study (subject to peer review) for the proposed access egress plan for all proposed (driveways and walkways) to demonstrate no negative impact to traffic and safe access to the subject property. Should the study warrant the applicant of the development shall be responsible for any necessary road upgrades.
F. Public safety. The applicant shall submit a complete fire safety/compliance plan(s) sent to the Fire Marshal and Fire Chiefs and fund, if necessary, a project peer review that provides review by outside compliance experts in building and fire safety criteria. This information will be used by the Fire Marshal and Fire Chiefs to prepare a report to the Planning Board as to their recommendations.
G. Support structures/power generation. The applicant shall be required to submit a plan that locates all supporting buildings, structures, including but not limited to specifying the type and location of full and stand-by power systems, types of power systems and their location, power equipment, loading, packing, water storage, chillers, C02 systems, ventilation fans and waste disposal.
H. Noise/odor. The applicant shall be required to submit a noise study that evaluates noise impact at the abutting property line for which there are residential land uses. Measured noise impacts shall include operations, idling trucks, loading, power systems, chillers, C02 systems and ventilation fans. Said noise events shall be 24-hour day and night A-weighed noise exposure level assigning a ten db increase for night time events. (subject to peer review). The applicant shall provide a plan to minimize odors from non-farming activities and establish a reporting tool to help identify concerns
I. Waste management plan. The applicant shall be required to submit a detailed waste management plan which includes how waste from the greenhouse facility is to be removed (including but not limited to vines and vegetables) as stockpiling of greenhouse waste uncovered shall be prohibited. The plan shall depict the location of all waste receptacles and composting facilities.
J. Operations and maintenance plan. The applicant shall provide general information about the facility, the processes, control devices and any pollutants controlled by devices along with monitoring frequency and instrumentation information about the maintenance procedures to be performed.
4.A. Special provisions; modification.
A. The zoning inspector shall be authorized to grant/approve modifications of no more than 15 percent for dimensional requirements applicable to front, side, and rear yards. The table below shows the dimensional regulations and the maximum modification allowed.
LB/R RE-2 RU-3 RU-4 CR-5 B LI OS/PL Maximum modification Front yard 100 ft 60 ft 100 ft 100 ft 150 ft 10 ft 200 ft 200 ft 15% Side yard 30 ft 30 ft 60 ft 80 ft 100 ft 30 ft 50 ft 50 ft 15% Rear yard 75 ft 50 ft 50 ft 50 ft 150 ft 75 ft 100 ft 150 ft 15%
B. Within ten days of receipt of a request for a modification, the zoning inspector shall approve the modification if he or she finds that the following criteria are satisfied:
1. The modification is reasonably necessary for the full enjoyment of a permitted use;
2. The modification will not substantially injure or substantially impair the appropriate use of neighboring property;
3. The modification requested does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations; and
4. The modification requested does not violate any rules or regulations with respect to freshwater wetlands.
If the modification is five percent or less, the zoning inspector has the authority to grant a permit for the modification without public notification. If the modification is more than five percent, notice of the modification request shall be published in a newspaper that circulates in Exeter and shall be sent by first class mail to the owners of property abutting the property that is the subject of the modification request. The notice, which shall include the street address of the property, shall state that the modification will be granted unless written objection is received within 14 days. If an objection is received, the modification request shall be submitted to the zoning board of review as a request for a dimensional variance. If no objection is received, the zoning inspector shall issue a modification permit. The zoning inspector may apply any special conditions to the permit that are necessary to ensure that the modification complies with the intent and purposes of the zoning ordinance. The zoning inspector shall keep a record of all requests for modifications, determinations, objections received, and special conditions applied to any modification permit. The cost of any notice required shall be borne by the applicant.
4.B. Special provisions; land development projects.
A. Land development projects which are projects in which one or more lots, tracts or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units or structures including, but not limited to, planned development for residential, commercial, institutional, industrial, recreational, open space and/or mixed uses as may be provided for in the zoning ordinance.
B. All open land provided by land development projects for public or common use, shall either (1) be conveyed to the town and accepted by it for park, open space, agricultural or other specified use or uses, or (2) be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection; or (3) be conveyed to a corporation or trust owned or to be owned by the owners of lots or units within the development, or owners of shares within a cooperative development. If such a corporation or trust is used, ownership shall pass with conveyances of the lots or units; or (4) remain in private (non-common) ownership if the use is limited to agriculture, habitat or forestry, and, in accordance with the comprehensive plan and zoning ordinance, that private ownership is necessary for the preservation and management of the agriculture, habitat or forest resources. In any case, where the land is not conveyed to the town, a restriction or conservation easement enforceable by the town shall be recorded, providing that the land shall be kept in the authorized conditions(s) and not be built upon or developed for accessory uses such as parking or roadway without prior town approval.
The planning board may limit or restrict the amount of open space that may remain in private ownership where necessary to contribute to a connecting greenway system or to provide public access to open space, as provided in the comprehensive plan.
C. Rural residential compounds.
1. Objectives and applicability. The objective of the rural residential compound is to provide for flexibility of design for residential development and to allow a better relationship between residential development and the natural, historic and rural characteristics of the land. Lots may contain less than the frontage and provide flexibility in the front, side, and rear yard setback requirements as prescribed by this ordinance for the underlying district provided that the requirements of this section are met. See section 2.4.3
2. Purpose and review process.
a) Residential compounds are intended to preserve the rural character of the town by permitting low-density residential development on large parcels of land while relieving the applicant from compliance with the design and improvement standards applicable to conventional land development and subdivisions.
b) Residential compounds Residential compounds require planning board approval as land development projects.
3. Permitted uses. The permitted uses applicable to residential compounds shall be only those residential uses listed as permitted in the applicable zoning district in which the residential compound is located, as set forth in section 2.4 of the zoning ordinance.
4. Density calculation and dimensional regulations.
a) The maximum number of building lots allowable in a residential compound shall not exceed one lot per ten acres of land, and no fewer than two building lots.
b) The planning board may allow flexible lot width or frontage requirements for lots within a rural residential compound, provided however, that no building lots shall be reduced in area to less than one acre. The planning board may reduce those areas or portions of lots within the minimum prescribed front-rear-side yard setbacks, known as building envelopes, to designate an appropriate area for the siting of a house.
Editor's note— Subsection 1.4.C.4.b) was amended in 2004 by the conservation development ordinance.
5. General requirements.
a) A parcel proposed for development as a residential compound shall have frontage on a town-accepted street. Such frontage shall be a minimum of 50 contiguous feet.
b) Each proposed lot must contain a minimum of one acre of land exclusive of land unsuitable for development as defined in section 1.2 herein.
c) No lot, which has been reduced in size or acreage after the adoption of this ordinance, shall be developed as a rural residential compound. No lot or parcel that has been developed as a residential compound shall be further subdivided or reduced in size. This provision shall not prevent the development in incremental stages of a parcel as a residential compound as long as each component lot shall not be changed after having received final approval from the planning board.
6. Open space. At least 50 percent of the total land area of the parcel proposed for development shall be designated as permanent open space in accordance with the provisions of the town land development and subdivision regulations. To the extent possible, the proposed open space shall be contiguous. Any land within a rural residential compound not designated as a building lot shall be protected against future development and environmental damage in perpetuity by conveying to the town or other appropriate legal entity, an open space conservation easement restricting the future use and alteration of the area as provided below.
Ownership of the open space shall be set forth in one or more of the following ways subject to planning board approval and authorization:
• Conveyance to the town for specific open space or recreational purposes provided the need for such is documented in the comprehensive plan;
• Conveyance to an appropriate nonprofit legal entity, the principal purpose of which is the conservation of natural resources and open space;
• Conveyance to a corporation or trust owned or to be owned by the owner(s) of one or more of the lots within the development. There are two options for the ownership of the open space.
Option 1: Each owner will have an undivided interest in and to those open space lots and ownership shall pass with conveyances of the lots or units.
Option 2: One landowner may own all the permanent preserved open space for agricultural or other town accepted uses.
1) The open space lot created shall be protected against future development and unauthorized alterations in perpetuity by appropriate deed restrictions and conservation easements. In any case where the land is not conveyed to the town, a restriction enforceable by the town shall be recorded providing that the land shall be kept in the authorized condition(s) and not be built upon or developed for accessory uses such as parking or roadway. The planning board shall approve the form and content of any such restrictions and easements at the time of final approval of the residential compound.
2) Any buildings, structures, parking areas or impervious improvements associated with open space use may be located on the open space lot, or lots, provided however, that any structure is within keeping the lot, or lots, as part of the open space. The planning board shall approve the facility and location of all such facilities and their design in terms of massing, scale and materials.
3) The owner(s) of the open space lot, or lots, shall guarantee perpetual maintenance by appropriate deed restrictions and easements and the planning board shall approve the form and content of any such restrictions at the time of final approval of the subdivision. The restrictions shall contain the following provisions:
a. If the building lot owners and/or their open space lot owners, and/or their successors or assigns fail to maintain the open space lot, or lots, the Town of Exeter may, at its option and its sole discretion, perform any necessary maintenance and enforce the payment for such costs, including reasonable attorneys' fees, by an action of law or in equity against the building lot owners and/or their open space lot owners or their successors or assigns.
4) Any rural residential compound approved under this regulation shall be exempt from the subdivision land dedication requirements for open space and/or a fee in lieu of open space.
7. Design and improvement standards.
a) Private roads and drainage improvements within the parcel to be developed as a residential compound shall be privately owned and maintained in common by the residents of the residential compound. At the time of final approval, the planning board shall approve the form and content of the following legal document to be recorded contemporaneously with the final plat:
1) A covenant by the owner of the parcel, binding on his successors and assigns, that the town shall not be asked or required to accept or maintain the private roads within the parcel that do not meet the engineering and design requirements for town-accepted roads, for a minimum of 99 years from the date of recording; or, if only a lesser period is legally enforceable, for that period with as may automatic renewals as are necessary to total 99 years. Such restrictions shall state that all expenses for improvements to private roads to meet town requirements including a town road, shall be born by the owners of the property, including such improvements which may be deemed necessary for public use should the property owners wish a private roadway be made a town-accepted road.
2) A document or documents establishing the method of ownership and providing for the maintenance of the private roads and drainage improvements.
b) Private roads and appropriate drainage facilities within a residential compound shall be designed, constructed and inspected in compliance with the town land development and subdivision regulations as specified for residential compounds. The planning board shall have the authority to require additional improvements in order to protect the public health, safety, and welfare, if warranted by the characteristics of the land, or if the private road will be used by persons other than the residents of the compound.
c) If the planning board determines that an existing private road, which is proposed to be used as access from the compound to a town-accepted road, is not adequate for public health, safety and welfare purposes, the planning board shall have the authority to require improvements to the private road, provided that the applicant shall demonstrate to the boards satisfaction that he/she has legal authority to construct such improvements. Such improvements may include improved pavement surface, increased pavement width, increase in depth below finished grade for removal of boulders or ledge, improvements in the grade of ascent or descent, surface water run-off control, natural water flow protection or drainage improvements. Any such professional engineer and such plan shall be included in the submission requirements for final plan approval and recorded with the endorsed plat. No final approved plat shall be endorsed or recorded and building permits issued for any property in rural residential compounds until such required improvements are completed.
d) Private roads, drainage, and other improvements within a residential compound may be bonded pursuant to the town land development and subdivision regulations.
8. Approval process. The planning board shall review residential compounds as land development projects, as provided in section 5.2 of the land development and subdivision regulations.
Approval of a rural residential compound shall be granted only upon the planning board's determination that the plan preserves open space; utilizes the natural features of the land, allows for more efficient provision of access, provides for stability and appropriate long term safety and capacity of the road system including both internal and external roads of the residential compound, be they private roads, shared driveways, public ways, or town-accepted roads; and preserves the aquifer overlay district and the rural character of the land.
Rural residential compounds are to be allowed by the planning board only when a subdivider can demonstrate to the board that such development would be a better use of the land than a conventional subdivision and is in the best interests of the residents of the town. To this end, the planning board may require the subdivider to provide an alternate plan or plans for developing the land as a conventional subdivision.
The final plan approved by the planning board and recorded in the land evidence records of the town shall contain the following statement: "These premises are subject to the restrictions and conditions that are contained in instruments recorded contemporaneously with this plan and are incorporated herein by reference."
D. Conservation developments.
1. Purpose. The purposes of this section, conservation developments, are:
A. To conserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains, wetlands, aquifers and their recharge areas, and agricultural lands, by setting them aside from development;
B. To preserve historical and archaeological resources;
C. To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development;
D. 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;
E. To implement adopted municipal policies to conserve a variety of irreplaceable and environmentally important resources as set forth in the comprehensive plan,
F. To provide reasonable incentives for the creation of a greenway system within the town;
G. To implement adopted land use, transportation and community service policies, as set forth in the comprehensive plan,
H. To protect areas of the town with productive agricultural soils for continued or future agricultural use by conserving blocks of land large enough to allow for efficient farm operations;
I. To create neighborhoods with direct visual and/or physical access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity;
J. To provide for the maintenance of open land set aside for active or passive recreational use, storm water drainage or conservation lands;
K. To conserve and create scenic views and preserve the rural character of the town;
L. To provide a buffer between new development and existing streets and neighborhoods.
2. Approval procedure. The planning board may approve, as a land development project, a conservation development in all residential 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.
3. Permitted uses. Permitted uses in a conservation development include:
A. Residential dwelling units as herein provided and accessory uses customarily incidental and subordinate thereto; and
B. Open space, which is set aside for recreation, conservation, agricultural use or for preservation of valuable or sensitive features or structures.
The following residential uses are permitted (Y) in a conservation development:
Use Category as provided in section 2.4 zoning use table
1. Single-family structures
2. Home occupations
3. Signs permitted in article VI, accessory to primary use
4. Parking as required in article V, accessory to primary use
5. Accessory use as defined in article IV, section 1
In addition, two-family dwelling structures are allowed by special use permit in a conservation development.
4. Maximum density for conservation development. The maximum density for a conservation development shall not exceed the number of lots (or dwellings) which could reasonably be expected to be developed upon the conservation development site under a yield plan as defined in section 2.0 of the land development and subdivision regulations, and as further described in section 5.8 (the basic maximum number of dwelling units), plus any incentive dwelling units. Provided, however, that the maximum number of permitted dwelling units in the conservation development site shall not be increased by a factor of more than 1.3 above the basic maximum number where granted a zoning incentive as provided in subsection 5, below.
5. Zoning incentives. No zoning incentives pursuant to this section shall be permitted in aquifer overlay zoning districts. In all other districts where permitted, the planning board may approve a conservation development with the following zoning incentive:
A. Where the planning board determines that the amount of open space area provided in the entire conservation development exceeds the minimum required amount as required in the subdivision and land development regulations, the basic maximum number of permitted dwelling units in the development may be increased by a factor in accordance with the following table:
Amount of Open Space Provided Permitted Increase in Density 5 to 10 percent more than minimum Factor of 1.05 More than 10 to 20 percent more than minimum Factor of 1.1 More than 20 to 50 percent more than minimum Factor of 1.2 More than 50 percent above minimum Factor of 1.3
The planning board may determine that an existing dwelling which is currently located on the property being developed should be preserved for any of the following purposes: Maintenance of historic or traditional development patterns; preservation of streetscape features; maintenance of building placement, setback and alignment on the site; preservation of historic structures that contribute to the character of an area; design of public or common open space; or other design or site planning issues identified in the comprehensive plan. In such cases, the planning board may allow the applicant to exceed the basic maximum number of permitted dwelling units in the development by one. Any dwelling granted a zoning incentive under the provisions of this section shall be subject to deed restrictions prohibiting the removal or alteration of the dwelling except as may be approved by the planning board as a condition of approval. This dwelling may contain more than two bedrooms.
In computing the number of incentive dwelling units, all figures shall be rounded down to the nearest whole number. Incentives shall be granted in accordance with section 5.17 of the land development and subdivision regulations.
6. Modification of lot requirements. Applicants are encouraged to modify lot area, shape, and other dimensional characteristics within a conservation development. A conservation development may be developed with dwelling units on separate lots, a single lot, or a combination thereof. Where dwellings are proposed to be located on individual lots, the following minimum dimensional regulations shall be applicable to dwellings within a conservation development.
Use Lot Area
(sq. ft.)Lot Frontage and Width (ft.)
(See Note)Front Yard Depth (ft.) Rear Yard Depth (ft.) Side Yard
(each side)
(ft.)Single-household dwelling 43,560 150 40 40 20 Two-household dwelling (duplex) 65,340 150 40 40 20
Note: The planning board may authorize, through a request for waiver, modifications to the above lot frontage and width as provided in section 2.4.3 of the zoning ordinance.
7. Uses permitted within open space areas. The open space in a conservation development shall be devoted only to conservation purposes or for park, recreation, forest management, and agricultural purposes. Stormwater drainage areas may also be allowed if permitted by the planning board in accordance with sections 5.12—5.13 of the land development and subdivision regulations.
4.C. Special provisions; preapplication conference. A preapplication conference shall be held at the request of the zoning inspector or the applicant to:
A. Acquaint the applicant with the Exeter comprehensive plan and any specific plans that apply to the parcel, as well as the zoning and other ordinances that affect the proposed development;
B. Suggest improvements to the proposed design on the basis of a review of the sketch plan;
C. Advise the applicant to consult appropriate authorities on the character and placement of public utility services; and
D. Help the applicant to understand the steps to be taken to receive approval.
4.D. Comprehensive permit for low- or moderate-income housing.
1. Authority to grant a comprehensive permit. In accordance with Title 45, Chapter 53 of the R.I. General Laws, the R.I. Low and Moderate Income Housing Act, as amended (the Act), the planning board has been designated as the local review board and shall have the authority to issue a comprehensive permit to build a qualifying low or moderate income housing project.
2. Definitions. The following words, wherever used in this section, unless a different meaning clearly appears from the context, have the following meanings:
(1) Adjustment means a request by the applicant to seek relief from the use and dimensional requirements of the zoning ordinance or the design standards and requirements of the land development and subdivision regulations. The standard for the planning board's consideration of adjustments is in R.I. Gen. Laws § 45-53-9 4(D)(2)(iii)(E)(II).
(2) Comprehensive plan means the comprehensive plan adopted and approved by the Town of Exeter pursuant to Title 45, Chapters 22.2 and 22.3 of the R.I. General Laws.
(3) Consistent with local needs means reasonable in view of the state need for low and moderate income housing, considered with the number of low income persons in Exeter affected and the need to protect the health and safety of the occupants of the proposed housing or of the residents of Exeter, to promote better site and building design in relation to the surroundings, or to preserve open spaces, and if the Exeter zoning ordinance and the Exeter land development and subdivision regulations are applied as equally as possible to both subsidized and unsubsidized housing. Local zoning and land use ordinances, requirements, or regulations are consistent with local needs when imposed by a city or town council after comprehensive hearing in a city or town where:
(a) Low- or moderate-income housing exists that is:
(i) In the case of an urban city or town which has at least 5,000 occupied year-round rental units and the units, as reported in the latest decennial census of the city or town, comprise 25 percent or more of the year-round housing units, is in excess of 15 percent of the total occupied year-round rental units; or
(ii) In the case of all other cities or towns, is in excess of ten percent of the year-round housing units reported in the census.
(b) The city or town has promulgated zoning or land use ordinances, requirements, and regulations to implement a comprehensive plan that has been adopted and approved pursuant to Title 45, Chapters 22.2 and 22.3 of the R.I. General Laws, and the housing element of the comprehensive plan provides for low and moderate income housing in excess of either ten percent of the year-round housing units or 15 percent of the occupied year-round rental housing units.
(c) Multi-family rental units built under a comprehensive permit may be calculated towards meeting the requirements of a municipality's low- or moderate-income housing inventory, as long as the units meet and are in compliance with the provisions of R.I. Gen. Laws § 45-53-3.1.
(4) Infeasible means any condition brought about by any single factor or combination of factors, as a result of limitations imposed on the development by conditions attached to the approval of the comprehensive permit, to the extent that it makes it financially or logistically impracticable for an applicant to proceed in building or operating low or moderate income housing within the limitations set by the subsidizing agency of government or the planning board, on the size or character of the development, on the amount or nature of the subsidy, or on the tenants, rentals, and income permissible, and without substantially changing the rent levels and unit sizes proposed by the applicant.
(5) Low or moderate income housing means any housing whether built or operated by any public agency or any nonprofit organization or by any limited equity housing cooperative or any private developer, that is subsidized by a federal, state, or municipal government subsidy under any program to assist the construction or rehabilitation of housing affordable that will remain affordable through a land lease and/or deed restriction for 99 years from initial occupancy. Low or moderate income housing is synonymous with affordable housing.
(6) Affordable housing plan means the component of the housing element of the Exeter comprehensive plan to meet housing needs, prepared in accordance with guidelines adopted by the state planning council and meeting the provisions of R.I. Gen. Laws § 45-53-4(b)(1) and (c).
(7) Approved affordable housing plan means an affordable housing plan that has been approved by the director of administration as meeting the guidelines for the local comprehensive plan as promulgated by the state planning council; provided, however, that state review and approval, for plans submitted by December 31, 2004, shall not be contingent on the city or town having completed, adopted, or amended its comprehensive plan as provided for in R.I. Gen. Laws §§ 45-22.2-8, 45-22.2-9, or 45-22.2-12.
(8) Letter of eligibility means a letter issued by the Rhode Island Housing and Mortgage Finance Corporation in accordance with R.I. Gen. Laws § 42-55-5.3(a).
(9) Local review board means the planning board.
(10) Meeting local housing needs means as a result of the adoption of the implementation program of an approved affordable housing plan, the absence of unreasonable denial of applications that are made pursuant to an approved affordable housing plan in order to accomplish the purposes and expectations of the approved affordable housing plan, and a showing that at least twenty percent of the total residential units approved by a local review board in a calendar year are for low and moderate-income housing as defined in R.I. Gen. Laws § 42-28 128-8.1.
(11) Monitoring agents means those monitoring agents appointed by the Rhode Island Housing Resources Commission pursuant to R.I. Gen. Laws § 45-53-3.2 to provide the monitoring and oversight set forth in R.I. Gen. Laws §§ 45-53-3.2 and 45-53-4.
(12) Municipal government subsidy means assistance that is made available by the Town of Exeter sufficient to make housing affordable. Such assistance may include, but is not limited to, direct financial support, abatement of taxes, waiver of fees and charges, and approval of density and other adjustments, and any combination of forms of assistance.
3. Application procedure. An applicant proposing to build low- or moderate-income housing may submit to the planning board a single application for a comprehensive permit to build that housing in lieu of separate applications to the applicable local boards. This procedure is only available for proposals in which at least 25 percent of the dwelling units will be low- or moderate-income housing, and in which at least 50 percent of the units of those units are restricted to households with an income at or below 80 percent of the area median income. The application and review process for a comprehensive permit shall be as follows:
(a) Fees and costs. Application fees shall be the same as the application fees listed in the land development and subdivision regulations for a major land development project. The applicant shall be responsible for the advertising and postage costs for public hearing notice. The applicant shall be responsible for project review fees as provided in the land development and subdivision regulations.
(b) Preapplication conference. The applicant shall request a preapplication conference with the planning board. The applicant shall be required to submit only the following information:
(i) An application form for preapplication review;
(ii) A brief written description of the project that includes the number of dwelling units, type of housing, a density analysis, and a preliminary list of adjustments needed;
(iii) A location map;
(iv) A conceptual site plan.
The applicant may also submit and any other material that will help the planning board understand the proposed project. No certification of completeness is required. The administrative officer shall schedule the pre-application conference upon submission of the required material. If the pre-application conference does not take place within thirty days of the date the application is submitted, the applicant may submit an application for preliminary plan review.
(c) Preliminary plan application. The applicant shall submit the following material for preliminary plan review:
(i) A completed comprehensive permit application form.
(ii) A letter of eligibility issued by the R.I. Housing and Mortgage Finance Corporation, or in the case of projects primarily funded by the U.S. Department of Housing and Urban Development or other state or federal agency, an award letter indicating the subsidy.
(iii) A proposed timetable for the commencement of construction and completion of the project.
(iv) The preliminary plan checklist for a major land development project in the land development and subdivision regulations and all the items required by the checklist except state or federal permits.
(d) Certification. The administrative officer shall certify the application as complete or incomplete within 25 days of submission. If the application is incomplete, the administrative officer shall inform the applicant of the specific information that is missing. The running of the time period for certification shall stop when an application is incomplete. The administrative officer shall have at least ten days to certify a revised application as complete.
The administrative officer shall schedule a public hearing on the application as soon as practicable after issuing the certification of completeness. The notice requirements for a public hearing on a major land development project shall apply. A competent stenographer shall take the minutes of each public hearing.
Notwithstanding the submission requirements above, the planning board may request additional, reasonable documentation during the public hearing, including but not limited to opinions of experts, credible evidence that applications have been filed for necessary federal or state permits, or recommendations from other boards, commissions, or officials.
4. Mandatory adjustments. The planning board shall approve adjustments to the requirements of the zoning ordinance, land development and subdivision regulations, and other municipal ordinances and regulations to offsent the cost of constructing the low and moderate income dwelling units. The following adjustments are mandatory:
(a) If the applicant can demonstrate to the planning board that the R.I. department of environmental management will approve the required on-site wastewater treatment systems, and that Town water is available to the site or that on-site wells will provide the water adequate to serve the proposed dwelling units, the provisions of the zoning ordinance concerning residential density shall be adjusted as follows:
25-five percent of the dwelling units will be low or moderate income, the minimum residential density is three dwelling units per acre.
(ii) In development in which 50 percent of the dwelling units will be low or moderate income, the minimum residential density is five dwelling units per acre.
(iii) In developments in which 100 percent of the dwelling units will be low or moderate income, the minimum residential density is eight dwelling units per acre.
(b) No more than one off-street parking space shall be required for a dwelling unit with one or two bedrooms.
(c) An applicant shall not be required to reduce the number of bedrooms in any dwelling unit to fewer than three.
(d) An applicant shall not be required to reduce the area of any room in a dwelling unit below the requirements of the R.I. Building Code or the R.I. Housing Maintenance and Occupancy Code.
5. Preliminary plan approval.
(a) The planning board shall approve or deny the application within 90 days of the day the preliminary plan submission was certified as complete, unless the applicant consents in writing to an extension of time. If a timely decision is not made, the application will be considered approved and the administrative officer shall issue a preliminary plan approval at the request of the applicant.
(b) To approve a comprehensive permit application, the planning board must find that the application satisfies the requirements below. The planning board must include in its decision findings of fact based on legally competent evidence in the record. The decision must specify the evidence on which each finding is based.
(i) The proposed development is consistent with local needs as identified in the comprehensive community plan, or, if inconsistent, the inconsistencies have been satisfactorily addressed. In particular, the proposed development is consistent with Exeter's affordable housing plan.
(ii) The development complies with the zoning ordinance and land development and subdivision regulations, or, if adjustments have been granted from the provisions of the ordinance or regulations, the need for low- or moderate-income housing outweighs the impact of the adjustments.
(iii) The low- and moderate-income dwelling units will be integrated throughout the development, will be similar in scale and architectural style to the market rate units, and will be built and occupied before or at the same time as the market rate units.
(iv) The development as approved will not have any significant negative effects on the health and safety of current or future residents of Exeter in areas including, but not limited to, safe circulation of pedestrian and vehicular traffic, provision of emergency services, sewage disposal, availability of potable water, adequate surface water run-off, and the preservation of natural, historical or cultural features that contribute to the attractiveness of Exeter.
(v) All of the buildings in the development will have adequate and permanent physical access to a public street.
(vi) None of the building lots will have physical constraints to development that would make construction on those lots impracticable.
(c) The planning board has the same authority to issue permits or approvals as any town board or official who would otherwise act with respect to the application, including, but not limited to, the authority to impose conditions on the approval, and the authority, consistent with the terms of the Act, to determine building height, size or shape; the site plan; and the building materials. If the planning board proposes conditions to be placed on the approval that the applicant believes would make the development infeasible, the planning board shall give the applicant a reasonable period of time to respond to the proposed conditions before the planning board votes to impose the conditions. The burden is on the applicant to show that the conditions would make the development infeasible.
(d) If Exeter has an approved affordable housing plan and is meeting local needs, the planning board shall:
(i) Limit the annual total number of dwelling units in comprehensive permit applications from for-profit developers to an aggregate of one percent of the total number of year-round housing units in Exeter, as recognized in the affordable housing plan.
(ii) Have the authority to consider comprehensive permit applications from for-profit developers sequentially in the order in which they are submitted.
(e) A majority vote of the planning board members present is necessary for approval.
(f) The planning board's written preliminary plan decision shall be recorded in the land evidence records within 20 days of the day the planning board votes. Within one day of recording, a copy of the decision shall be mailed, by any method that provides confirmation of receipt, to the applicant and to any other person who has made a written request to receive it.
(g) The approved Preliminary Plan expires two years after the date of approval. The applicant may request two one-year extensions, and must appear before the planning board to request each one-year extension. Requests for extensions must be in writing. The provisions of the applicable ordinances and regulations in effect at the time of preliminary plan approval are vested until the preliminary plan expires.
(h) The planning board may deny approval of the application for any of the following reasons:
(i) Exeter has an approved affordable housing plan, has made significant progress in implementing the approved affordable housing plan, is meeting local housing needs, and the proposed development is inconsistent with the approved affordable housing plan.
(ii) The proposed development is not consistent with local needs, including but not limited to the needs identified in the approved comprehensive plan or the zoning ordinance.
(iii) The proposed development is not in conformance with the comprehensive plan.
(iv) Exeter has plans to make ten percent of the total occupied year-round housing low- or moderate-income housing, and has achieved that goal or has made significant progress toward meeting that goal.
(v) The proposed development may negatively impact the environment and the health and safety of current Exeter residents and the applicant has not adequately addressed those concerns.
6. Final plan approval.
(a) Final plan approval is administrative; provided, however, that the applicant may be required to return to the planning board for final plan approval if the planning board has waived submission at preliminary plan review of any required information, if the application does not satisfy conditions of the preliminary plan approval; if the application does not include all the required material; or the applicant has proposed a major change to the approved preliminary plan. A public hearing is required for approval of a major change to an approved preliminary plan. The applicant shall submit the following material to the administrative officer for final plan approval:
(i) All required state and federal permits; provided, however, that the administrative officer shall have the authority to require submission of state and federal permits before the first building permit is issued rather than at final plan submission.
(ii) A draft agreement with a monitoring agent appointed by the R.I. Housing Resources Commission that will ensure that each low- or moderate-income dwelling unit is sold, leased, owned or occupied in compliance with the recorded affordability restrictions.
(iii) A draft land lease or deed restriction with affordability liens that restricts the use of the property to low- or moderate-income housing in conformance with R.I. Housing and Mortgage Finance Corporation Guidelines for at least 99 years.
(iv) The Final Plan checklist for major land development projects in the land development and subdivision regulations and all the items required by the checklist.
(v) Arrangements for completion of the required public improvements, including financial guarantees.
(b) The administrative officer shall certify the application as complete or incomplete within 25 days of submission. If the application is incomplete, the administrative officer shall inform the applicant of the specific information that is missing. The running of the time period for certification shall stop when an application is incomplete. The administrative officer shall have at least ten days to certify a revised application as complete.
(c) The administrative officer shall approve the final plan within 45 days of the date it was certified as complete unless the applicant is required to return to the planning board for final approval. The administrative officer shall have the authority to approve minor changes in the approved preliminary plan.
(d) If a timely decision is not rendered, the application will be considered approved and the administrative officer shall issue a final plan approval at the request of the applicant.
(e) The approved final plan expires two years after the date of approval. The applicant may request a one-year extension, and must appear before the planning board to request the extension. The planning board may approve further extensions for good cause. Requests for extensions must be in writing. The provisions of the applicable ordinances and regulations in effect at the time of Final Plan approval are vested until the final plan expires.
7. Appeal.
(a) The applicant or any person aggrieved by the decision of the planning board may appeal to the Washington County Superior Court within 20 days of the date the board's written decision was recorded in the land evidence records pursuant to R.I. Gen. Laws § 45-53-5.1.
(b) If the Superior Court remands the application to the planning board, the board shall hear the remanded application within 30 days of the day it was received.
4.E. Special provisions: Greenhouse Tier II and Greenhouse Tier III /CEA Facility.
1. Purpose. The purposes of this section are:
A. To support farmland preservation that provides community benefits from a vibrant farm sector balanced with protection of the open agricultural landscape that is a character trait of this rural community;
B. Preserve the agricultural history and economic benefits of commercial agriculture in the Town of Exeter;
C. Support the merging of modern technology with traditional agricultural operations;
D. Provide greater design flexibility in addressing evolving agricultural practices in a balanced way within the community;
E. Promote agricultural practices that reduce soil erosion, improve water quality, and increase farmland productivity;
F. Protect areas of the town with productive agricultural soils for continued or future agricultural use by retaining prime agricultural soils and allowing for efficient farm operations;
G. To create adaptable provisions that promote greenhouse agricultural in equilibrium with the environment and surrounding community and:
H. Provide eligibility criteria that ensures adequate, safe, and permanent physical access to public streets with a suitable functional classification to service the traffic volume and speeds associated with the intensity of land use proposed.
I. Implement performance standards that mitigate light pollution, protect area land uses, groundwater aquifers and their recharge areas, surface water bodies, wetlands, reduce soil erosion, mitigate storm water drainage and safeguard similar environmentally important resources as set forth in the comprehensive plan.
2. Prohibitions. Tier II and Tier III/CEA Facility Greenhouses. The following are strictly prohibited:
A. On site, uncovered stockpiling of greenhouse waste.
B. Growing or processing of cannabis.
C. Anaerobic Digester Biogas Power Plants.
3. Review Procedure. Tier II Greenhouse - Shall be subject to the following review and approval by the Plam1ing Board:
A. Minor land development. The overall design shall meet or exceed the criteria and standards established in the land development and subdivision regulations for a minor land development plan.
B. Light Pollution Mitigation Plan. The applicant shall present a "Light Pollution Mitigation Plan" that provides blackout curtains or darkening screens for both the roof of the greenhouse and the sides or due to cost alternative options such as limiting lighting before daylight and hours after dark (as needed seasonally) may be considered.
4. Eligibility. Tier III/CEA Facility Greenhouse - The subject proposal must conform with ALL of the following;
A. The entirety of the facility shall be located on a single lot of record, or are required to submit an administrative subdivision to merge lots when multiple parcels are proposed; and
B. The entirety of the facility shall be located within an RU-3 zoning district; and
C. The property shall have access and egress and contain the minimum improved frontage on at least ONE of the following State arterial roadways:
(i) R.I. Route 2.
(ii) R.I. Route 102.
(iii) R.I. Route 3.
D. The subject parcel must have a minimum lot size of no less than 40 acres; and
E. Will not result in removing more than 20 percent an existing tree canopy of 10 inch diameter trees (10-inch diameter tree measured four and one-half feet above the downhill ground level with the exception for the removal of trees which are dead, dying or diseased, or trees which have suffered damage, or any tree whose angle of growth makes them a hazard to structures, roads, or human life.); and
F. Has been in agricultural use and production for the last five consecutive years as verified by the filing of a SCHEDULE F (Form 1040) tax filings "Profit or Loss from Farming" Department of the Treasury Internal Revenue Service.
5. Review procedure. Tier III/CEA Facility Greenhouses - Shall be subject to the following review and approval by the Planning Board:
A. Major land development - The overall design shall meet or exceed the criteria and standards established in the land development and subdivision regulations for a major land development plan.
B. "Enhanced Development Standards" - shall comply with specific enhanced development standards contained in Exeter Rhode Island Code of Ordinances APPENDIX A - ZONING ARTICLE I. - ADMINISTRATION PROCEDURES 1.4.1 (5-8) Special provisions; Greenhouse Tier II and Greenhouse Tier III /CEA Facility.
6. Project review fees. Tier III/CEA Facility Greenhouses - A project review fee shall apply to review by outside consultants due to the project's size, scale or expertise needed to address the project's potential impacts and/or because the Town lacks the necessary staff with expertise to perform the review work related to the proposal. The fee shall be equal to the actual cost to the Town for such consultant. In hiring outside consultants, the Town may engage engineers, hydrologists, lighting engineers, landscape architects, architects, or other appropriate professionals able to assist the Board and to ensure compliance with all relevant laws, ordinances, and regulations. Such assistance may include, but shall not be limited to, conducting a peer review, analyzing an application, design review of applications to determine consistency with the purposes and design/dimensional standards contained within Exeter Rhode Island Code of Ordinances APPENDIX A - ZONING ARTICLE I. ADMINISTRATION PROCEDURES 1.4.1 "Special provisions;" "Greenhouse Tier II and Greenhouse Tier III /CEA Facility. Project Review Fees are to be funded by the applicant separately from, and in addition to, fees imposed by the Town for application and inspection.
7. Minimumd design standards. Tier III/CEA Facility Greenhouse - The application shall conform with ALL of the following design criteria:
A. The greenhouse structure shall allow the existing soils to remain in place during operation of the greenhouse or stored onsite; and
B. The greenhouse shall be considered the primary use of the property; and
C. The facility must eliminate 99 percent of supplementary grow lighting through the use of wall and ceiling light abatement curtains or other mitigation measures such that less than one percent (I%) of interior lighting within the facility shall be visible from the boundaries of the property. all exterior lighting fixtures shall have the International Dark-Sky Association (IDA) Fixture Seal of Approval;
D. The site must be designed to setback the building, parking lot and off street loading a minimum of 150 feet from front property line and preserve the front yard as open field or agriculture; and
E. Locate and/or orient all buildings, structures, including but not limited to, loading, packing, water storage, power systems, chillers, CO2 systems, ventilation fans and waste disposal containers to maximize the separation distance to abutting residential uses and sensitive natural ecosystems.
8. Dimensional standards. Tier III/CEA Facility Greenhouse - The application shall conform with ALL of the following:
A. Shall not exceed 25 acres under cover excluding the floor area dedicated to mechanical or electrical equipment, packaging area, and supporting facilities dedicated to shipping and receiving except that this area shall not exceed ten percent (10%) of the total square footage of the greenhouse; and
B. Off-street parking and loading should be designed to accommodate the maximum expected number of workers per shift the overall parking loading layout subject to Planning Board approval.
C. The design shall comply with dimensional requirements of the ordinance with eligible exemption to the maximum percentage of lot coverage in Zoning District RU-3 as provided within the Town of Exeter Code of Ordinances Appendix A, ZONING, ARTICLE XIII. - entitled MAXIMUM LOT COVERAGE OF ALL BUILDINGS.
D. The height of a CEA shall not exceed 35 feet.
E. All structures and impervious parking lots and off-street loading must be setback a minimum of 150 feet from front property line.
F. The overall design shall meet or exceed the criteria and standards established in the subsection 9 of this section, below, as determined by the Planning Board.
9. Enhanced development standards. Tier Ill/CEA Facility Greenhouse - The application shall conform with ALL of the following design criteria:
A. Project viability. The applicant shall provide a narrative that demonstrates the project is following the eligibility, design and dimensional requirements contained within the zoning ordinance and is in overall compliance with the Comprehensive Plan. The narrative shall substantiate that adequate services are available to the property and describe employment and occupancy of the facility as well as explain the general greenhouse operation of the facility, hours of operations and horticulture practices to be engaged, and if necessary, information regarding the financial stability of the applicant/corporation/business demonstrating that they retain sufficient resources to develop, operate and if needed, dismantle the facility.
B. Groundwater. The applicant shall provide a groundwater impact assessment from a qualified professional (subject to peer review) verifying that the design proposed will not adversely impact the quality and quantity of the surrounding groundwater resources and wells located within a 200-foot radius of the subject property.
C. Water recycling plan. The applicant shall prepare a water recycling plan describing how the facility plans to capture and recycle water and how the applicant plans to use well water as a source of potable water and/or irrigation. The plan must detail the impact of 100 percent water recycling from the rooftop on groundwater recharge and if 100 percent recycling is not possible how the waste fertilizer solution or leachate will be managed so as not to adversely impact area water quality both surface and groundwater. The applicant must specifically verify that the water recycling plan is compliant with the Rhode Island Department of Environmental Management regulations as well as pertinent state and federal laws. (Subject to peer review).
D. Light pollution. The applicant shall provide a photometric light study from a qualified professional (subject to peer review) verifying the design proposed will eliminate 99 percent of supplementary grow lighting through the use of wall and ceiling light abatement curtains or other mitigation measures. The photometric light study shall also v alidate that the lighting design both interior and exterior of the building (s), parking lot(s), and loading docks do not result in skyglow, (brightening of the night sky in the rural community), light trespass (light falling on neighboring properties), glare (excessive brightness), light clutter (bright, confusing, and excessive groupings of light sources).
E. Traffic impact study (TIS). The applicant shall complete a traffic impact study (subject to peer review) for the proposed access and egress plan for all proposed driveways and walkways to demonstrate no negative impact to traffic and safe access to the subject property. Should the study conclude that street upgrades are necessary, the applicant shall be responsible for any necessary road upgrades.
F Public safety. The applicant shall submit a complete fire safety/compliance plan(s) sent to the Fire Marshal and Fire Chiefs and fund, if necessary, a project peer review that provides review by outside compliance experts in building and fire safety criteria. This information will be used by the Fire Marshal and Fire Chiefs to prepare a report to the Planning Board as to their recommendations.
G. Support structures/power generation. The applicant shall be required to submit a plan that locates all supporting buildings, structures, including but not limited to specifying the type and location of full and stand-by power systems, types of power systems and their location, power equipment, loading, packing, water storage, chillers, CO2 systems, ventilation fans and waste disposal.
H. Noise/odor. The applicant shall be required to submit a noise study that evaluates noise impact at the abutting property line for which there are residential land uses. Measured noise impacts shall include operations, idling trucks, loading, power systems, chillers, CO2 systems and ventilation fans. Said noise events shall be 24-hour day and night A-weighed noise exposure level assigning a 10db increase for night time events. (subject to peer review). The applicant shall provide a plan to minimize odors from non-farming activities and establish a reporting tool to help identify concerns
I. Waste management plan. The applicant shall be required to submit a detailed waste management plan which includes how waste from the greenhouse facility is to be removed (including but not limited to vines and vegetables) as stockpiling of greenhouse waste uncovered shall be prohibited. The plan shall depict the location of all waste receptacles and composting facilities.
J. Operations and maintenance plan. The applicant shall provide general information about the facility, the processes, control devices and any pollutants controlled by devices along with monitoring frequency and instrumentation information about the maintenance procedures to be performed.
4.E. Special provisions: Unified development review.
1. Unified development review authorizes the planning board, rather than the zoning board of review, to approve variances and special use permits that are requested concurrently with an application for approval of a development plan or land development project. The purpose is to provide a more efficient and less costly method of obtaining approval of development that requires zoning relief.
2. An applicant for development plan approval or land development project approval may request unified development review by submitting an application form for zoning relief with the application for development approval. The procedure for review and approval under unified development is contained in the land development and subdivision regulations.
3. When considering an application for zoning relief, the planning board is bound by the same legal requirements and the same criteria for relief that would apply to the zoning board of review's consideration of applications. The planning board shall conduct a public hearing, shall take testimony under oath, and shall make findings of fact and conclusions of law. The planning board's decision on the zoning relief shall be conditional on its approval of the development project.
4. An appeal from a decision by the planning board on a variance or special use permit may be taken pursuant to R.I. Gen. Laws § 45-23-71.
(Ord. of 5-25-00, § II; Ord. of 1-6-03(2), §§ 1—3, 5, 6; Amd. of 1-6-03(3); Amd. of 1-6-03(4); Amd. of 10-5-04; Amd. of 3-6-06, § 3; Ord. of 9-5-06; Amd. of 5-7-07; Amd. of 6-4-07; Ord. of 3-9-23, § 1; Ord. of 12-4-2023(1))