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Jamestown
Town of Jamestown Zoning Ordinance
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§ 82-802

Setback from freshwater wetlands

  • A. Per P.L. 2015, ch. 218, § 3, G.L. 1956, § 45-24-30(c), 250-RICR-150-15-3, the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act (the "DEM Wetlands Regulations"), and 650-RICR-20-00-9, the Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast (the "CRMC Wetlands Regulations"), Rhode Island cities and towns are prohibited from applying requirements pertaining to wetland buffers and onsite wastewater treatment system setbacks to development applications submitted to a municipality after July 1, 2022, the effective date of said state regulations. Applications made on or after this date shall comply with the DEM Regulations and/or the CRMC Wetlands Regulations. Applications made prior to this date remain subject to the standards of this section 82-802.

  • B. Unless authorized and permitted by the Rhode Island Department of Environmental Management Office (RIDEM) of Water Resources through the RIDEM permitting process, no sewage disposal trench, drain field, bottomless effluent filter, nor any component of a system designed to leach liquid wastes into the soil shall be located within 150 feet from a freshwater wetland edge, excluding the state designated perimeter wetland and riverbank wetland. For the purposes of this section, the freshwater wetland edge shall be the RIDEM verified edge of wetland. If the wetland is not on the subject property and in the absence of RIDEM verified wetland mapping on the adjacent property, then best available mapping should be utilized, as determined by the building official.

  • C. Requests for dimensional variances. Application may be made to the zoning board of review for a dimensional variance seeking relief from the setback requirement contained in this section. All such applications shall be first referred to the planning commission for development plan review for an advisory opinion, per the requirements for development plan outlined in article 10. However, where the applicant is requesting less than 25 percent relief the town planner shall administratively process the application for recommendation to the zoning board of review. The planning commission and/or town planner and the zoning board shall consider the following minimum development standards:

In addition to the standards contained elsewhere in this section and in article 3 hereof the applicant shall demonstrate that the implementation of the proposal:

    • 1) Will not degrade the quality of groundwater or any wetland or surface water body, either directly or indirectly, on site or off site;

    • 2) Will result in the least site disturbance and removal of vegetation as possible, every attempt shall be made to site the wastewater treatment system and the associated dwelling as far as possible from the wetland edge;

    • 3) Will not obstruct floodways or reduce the net capacity of the site to retain floodwaters;

    • 4) Will not cause any sedimentation of wetlands, and will include all necessary erosion and sediment control measures; plans for erosion and sediment control and stormwater management shall be completed which meets standard requirements for such plans and also includes:

      • a) The limits of disturbance during construction including areas to be cleared and/or graded, construction easements, temporary stockpiles and material/equipment storage areas, and protection of individual trees and groups of trees to avoid construction injury by fencing off trees at the drip line. In critical areas the limits of disturbance will be fenced off in the field.

      • b) A plan for revegetation, stamped by a landscape architect of wetland buffers, slopes and erodible areas.

    • 5) Will not reduce the capacity of any wetland to absorb pollutants;

    • 6) Will not degrade the recreational or educational value of any wetland or water body;

    • 7) Will not reduce the capacity of any wetland to recharge groundwater; and

    • 8) Will not degrade the value of any wetland or water body as a spawning ground or nursery for fish and shellfish, or habitat for wildlife and wildfowl. In considering the above, the cumulative impact of all land within a 500-foot radius must be addressed. Where vernal pools are found, the applicant will identify mitigating measures to protect such habitat.

(Ord. of 2-3-2025(1), § 1(Exh. A))