Water Supply Protection Overlay District

Sec. 6.19. Water Supply Protection Overlay District.

• 6.19.1. Purpose. The regulations herein governing the development and use of lands within the water supply protection overlay district aquifers shall take precedence over any other conflicting laws, ordinance, or codes, and are established for the following purposes:

• • (A) To protect the quality and supply of future and present sources of drinking water for the residents of the Town of North Smithfield and adjacent communities by regulating the use and development of land to protect major stratified drift aquifers and their recharge areas (GAA Classification), surface drinking water supplies and their watersheds, community well-head protection areas, and town-owned non-transient, non-community wellhead protection areas (schools) and to prevent uses of land detrimental thereto;

• • (B) To protect, preserve and enhance drinking water resource quality;

• • (C) To protect the health, safety and general welfare of the public.

• 6.19.2. Definitions. For the purpose of this subsection and this ordinance generally, the following terms shall have these meanings: Aquifer- A saturated and permeable geologic formation that can yield significant quantities of water to

water bodies.

A public water system which serves at least fifteen (15) service residents or regularly serves at least twenty-five (25)

The intentional, negligent, accidental, or other release of any pollutant onto in a location where it is likely to enter the groundwater of the State. injection, dumping, spilling, leaking, incineration of, or placing of any pollutant into or on any land or water so that such pollutant(s), hazardous material(s) or enter the environment.

Groundwater classified GAA includes those groundwater resources that are known or presumed to be suitable for drinking water use without treatment, including the following:

• (1) The state’s major stratified drift aquifers that are capable of serving as a significant source for a public water supply (groundwater reservoirs) and the critical portion of 6-33 their recharge areas as delineated by DEM; and

  (2) The wellhead protection area for each public water system community water supply well. Community water supply wells are those that serve resident populations and have at least 15 service connections or serve at least 25 individuals (e.g., municipal wells, and wells serving nursing homes, condominiums, mobile home parks, etc.) Groundwater-Water located beneath the ground surface which completely fills the open spaces between particles of sediment and within rock formations. Underground storage tank (UST)-Any one or more combinations of tanks (including underground pipes connected thereto) used to contain petroleum or other hazardous material and which is located wholly or partly beneath the surface of the ground. Hazardous waste- Any material or combination of materials of a solid, liquid, contained gaseous, or semi-solid form which because of its quantity, concentration or physical, chemical or infectious characteristics may:

• (1) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or

  (2) Pose a substantial present or potential hazard to human health or the environment.

• Such materials include, but are not limited to, those which are toxic, corrosive, flammable, irritants, strong sensitizers, substances which are assimilated or concentrated in and are detrimental to tissue, or which generate pressure through decomposition or chemical reaction and includes septic wastes. In addition, such materials include "industrial waste" as such term is used in the Rhode Island General Laws, as amended, unless the context shall clearly indicate otherwise. Hazardous waste shall also include all waste types as defined in the rules and regulations adopted in accordance with Title 23, Chapter 19.2 of the General Laws of the State of Rhode Island and Providence Plantations, as amended. Hazardous material- Any material defined as a “hazardous substance” by section 101 (14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 (42 USC 9605) as amended. Hazardous Material shall include any hazardous waste as well as any of the following materials: acetone, ethanol, ethylene oxide, methanol, methylene chloride, perchloroethylene and petroleum products. The enumeration of the above materials in not intended in any way to minimize the list of material defined in the aforesaid section. Hazardous waste management facility- A facility, excluding vehicles, for collection, source separation, storage, processing, treatment, recovery, or disposal of hazardous station for hazardous waste, and may include a facility at which such activities occur and hazardous waste has been generated. 6-34 Onsite wastewater treatment system- One installed to provide sanitary sewage disposal by

available or accessible.

causes or could cause the alteration of the groundwater. percolates to the water table for the storage, regulation, with insufficient liquid to, rubbish, combustion residues, debris, construction wastes and A town-owned non-community persons over six months of the District includes all land in the recharge areas (GAA community wellhead protection wellhead protection areas (schools). with Groundwater Aquifer a river and its tributaries to a public drinking water. an unconfined aquifer. three-dimensional zone, surrounding a community public well or town-owned non-transient non-community well (schools) through which water will move toward and reach such well or well field as designated by the RIDEM and any amendments thereto.

• 6.19.3. Applicability. With the exception of exempt industrial or commercial areas as depicted on Water Supply Protection Overlay District Map, there is hereby established an Water Supply Overlay District (“the District”), which shall be defined as lots of record, or portions thereof, which are indicated as major stratified drift aquifers and their recharge areas (GAA Classification), surface drinking water supply watersheds, community well-head protection areas, and town-owned non-transient, non-community wellhead 6-35 protection areas (schools) on the Official Zoning Map that is part of this Ordinance, and on file at the Town Clerk’s Office and on display in the Building Inspector’s Office. The map of the Water Supply Overlay District is based upon natural topography and estimated groundwater recharge flow lines, not property boundaries. The boundaries of the water supply basin include sub watersheds of the Blackstone Watershed and further, a drinking water, sub watershed of the Peters River to Mouth area known as the Crookfall Brook Watershed. The primary groundwater protection areas were delineated by the RI DEM pursuant to the methodology described in the Groundwater Quality Rules, June 2010, and amendments thereto. The Water Supply Overlay District is superimposed over any other zoning district established by this Ordinance. The regulations imposed by the Water Supply Overlay District shall apply in addition to the regulations of the underlying zoning district. In the event of a conflict or inconsistency between the regulations imposed by the Water Supply Overlay District and those imposed by the underlying district, the regulations imposed by the Water Supply Overly District shall govern. The Crookfall Brook Watershed encompasses and is home to the City of Woonsocket public drinking water natural resource. Accordingly, the City of Woonsocket, Town of Lincoln, and Town of Smithfield, shall be notified regarding projects within the Crookfall Brook Watershed. Project’s falling within the GAA area in the northern part of North Smithfield shall require notice to the Towns of Uxbridge and Blackstone, Massachusetts.

• 6.19.4. Characteristics. Water generally enters an aquifer by downward percolation from land surface recharge area and moves laterally underground toward areas of natural and man-induced discharge. The soils and subsoil conditions of the lands in the groundwater aquifer zone are such that any use introducing pollutants or hazardous materials into the natural drainage system could adversely affect the quality of drinking water resources, including the waters of the Slatersville and the Woonsocket Water Supply Reservoirs.

• 6.19.5. Permitted uses. All uses otherwise permitted in the various zones established by this ordinance that do not cause the introduction of pollutants or hazardous materials into the ground or waters of the Town shall be permitted in the Water Supply Overlay District.

• 6.19.6. Prohibited uses. The following uses, except those lawfully maintained pre-existing uses, are specifically prohibited within the Water Supply Overlay District:

• • (A) Any uses prohibited (N) in the underlying zoning districts;

• • (B) Septic and solid waste management, treatment, or transfer facilities, including, without limitation, landfills, junkyards and salvage yards. Additionally, land disposal of septage 6-36 and sewage sludge, resource recovery or recycling facilities, and hazardous waste treatment facilities;

• • (C) Storage of petroleum or petroleum products, including, without limitation, gasoline service stations, fuel dealers, oil and bottled gas sales and service, and open lot storage of such fuels. This prohibition shall not apply to the replacement or upgrading of existing underground storage tanks containing petroleum products or hazardous materials and associated piping, having the same storage capacity or less, installed prior to the effective date of these regulations, provided that such activity is regulated by the RI Department of Environmental Management and takes place in accordance with all applicable state and federal regulations;

• • (D) Storage of road salt, sand/salt mixtures, or other de-icing chemicals in quantities greater than for normal individual household use. At locations where such materials have been stored prior to the effective date of these regulations, such materials must, at a minimum be covered with a secured, durable, waterproof cover to protect the materials from precipitation, with an impermeable storage and handling surface that will prevent contaminated runoff;

• • (E) Manufacture, use, storage, or disposal of toxic or hazardous materials, excluding normal household activities;

• • (F) Industrial uses which discharge process liquids on-site, like metal plating, machine shops, metal working shops and welding shops, finishing and polishing, including jewelry manufacturing;

• • (G) Commercial chemical users, including but not limited to hairdressers, photographic processors, print shops; and dry cleaners, excluding pick-up or drop off;

• • (H) Furniture stripping and refinishing businesses;

• • (I) Storage or disposal of hazardous waste, including, without limitation, chemical wastes, radioactive materials, and waste oil other than in the course of normal household activity;

• • (J) Boat or motor vehicle service or repair shops, gasoline or diesel-powered engine repair shops and commercial car washes;

• • (K) All fossil-fuel fired power plants.

• • (L) The storage, disposal, or use as fill of material containing asphalt, concrete, construction debris or stumps, even if determined to be non-hazardous;

• 6.19.7. Exemptions. The following uses shall be exempt from the provisions of this subsection: 6-37 (A) Agricultural uses, as defined by subsection 3.4.1 of this ordinance;

• • (B) Onsite wastewater treatment systems associated with otherwise permitted uses;

• • (C) Storage of petroleum products in a free-standing container within a building for the purpose of heating that building.

• • (D) Routine maintenance of buildings and landscape care; however, application of fertilizers and pesticides in close proximity to wetlands and associated state or local buffer areas in not recommended. Enhancement of wetland buffers by allowing natural re-vegetation of native plants or planting in accordance with DEM standards is encouraged. Notwithstanding any other provision herein, a nonconforming and already permitted use within the Water Supply Overlay District may be continued and maintained so long as it remains otherwise lawful. No such use shall be enlarged, altered, extended, or operated in any way which increases its threat to groundwater quality or otherwise contravenes the purpose and intent of this ordinance. In the event that a nonconforming use has ceased for a consecutive period of one (1) year, such nonconforming use may not be resumed except in conformity with the provisions of this Section.

• 6.19.8. Special use permits. The Special Permit Granting Authority under this Water Supply Overlay District shall be the Zoning Board of Review. Such special permits shall only be granted if the Board determines that the intent of this ordinance and each of its specific criteria are fully met. In making such determination, the Board shall give consideration to the demonstrated reliability and feasibility of the use and pollution control measures proposed and the degree of threat to water quantity and quality which would result if the control measures perform at less than design efficiency. In addition, the Board shall take into consideration the sensitivity of the water body to which the site drains. A water body and its watershed will be considered sensitive if a Total Maximum Daily Load-is written or under development for it, or it is included on RIDEM’S 303(d) list, or is included on RIDEM’S list of Special Resource Protection Waters (Appendix D of the Water Quality Regulations), or has been noted by the Town Council or the Comprehensive Plan to be a critical resource of special concern. The Board may impose such conditions, safeguards and limitations as it deems appropriate. The Board shall document the basis for any departures from the recommendations of other town boards or agencies, in its decisions.

• • 6.19.8.1. Technical assistance. To assist its review of applications for special permits, the Board may engage a professional geologist, hydrologist, soil scientist or licensed Rhode Island engineer experienced in groundwater evaluation or hydrogeology to review the application for completeness and accuracy, and shall charge the applicant for the cost of such review. In the use of such professional, the Board may also require said professional to verify information contained in the application, and verify the inclusion of the subject land within the Water Supply Overlay District. If an application submitted to the Board does not contain adequate data, including field and laboratory measurement results and fully documented calculations, performed and certified by a professional geologist, hydrologist, soil scientist or licensed Rhode Island engineer experienced in groundwater 6-38 evaluation, or water supply information submitted in support of the application and subject land, whichever is proposed, the Board may engage a professional geologist, hydrologist, soil scientist or licensed Rhode Island engineer experienced in groundwater evaluation or hydrogeology to perform analyses and prepare all data necessary for an accurate evaluation of the application and shall charge applicant for the costs of such information.

• • 6.19.8.2. Application contents. In addition to the requirements of the North Smithfield Zoning Ordinance and any and all applicable state and federal requirements, the following requirements will apply:

• • • (1) Each application for a special permit shall be filed with the Board and shall comply with the Rules and Regulations of the Board. The application, including any plans and accompanying text, shall be sufficient to allow full evaluation of the proposed use and its impacts on the Groundwater District;

• • • (2) The application shall be prepared in accordance with the data requirements of the proposed developed site plan review, erosion and sedimentation control plan, etc.;

• • • (3) The application shall include an analysis by a professional geologist, hydrologist, soil scientist, or licensed Rhode Island engineer experienced in groundwater evaluation or hydrogeology to demonstrate that the proposed activity will not be detrimental to the purpose of the district. At a minimum, the analysis shall fully describe the seasonal profile of the volumes and directions of groundwater and surface water flows with and without the proposed use, the location and use of all present and potentially suitable future drinking water supplies that could be affected by uses, and the location and use of any surface and/or groundwater that could be affected by the proposed use. The application shall contain adequate date, including field and laboratory measurement results and the fully documented calculations.

• • • (4) The applicant shall present a profile of potential events which could adversely affect the normal range of quality or quantity of water leaving the site. Such events shall include any which could reasonably be expected to occur at least once in the lifetime of the proposed use.

• • 6.19.8.3. Review by other town boards or agencies. Upon receipt of the special permit application, the Zoning Board of Review may transmit forthwith, a copy of the application to the Planning Board, Conservation Commission, Town personnel, or other such Boards or Agencies as it may deem necessary or appropriate for their written reports. Any such board or agency to which petitions are referred shall make recommendations or submit such reports as they may deem appropriate and shall send a copy thereof to the Planning Board and the applicant within forty-five (45) days of receipt of the application by such board or agency. Failure to make a written recommendation or submit a written report within the thirty-five (35) day period shall be deemed a lack of opposition.

• • 6.19.8.4. Special-use permit approval criteria. After notice and public hearing, and after due consideration of the reports and recommendations of other Town personnel, boards and agencies, the Zoning Board of Review may grant such a special use permit provided that it finds the proposed use: 6-39 (1) Will not cause the groundwater quality to fall below the standards established by Rhode Island Department of Environmental Management (DEM), Rhode Island Department of Health (DOH), U.S. Environmental Protection Agency (EPA), Rhode Island Public Law Ch. 3799, 1956, (reenacted 1988 Ch. 84) Chapter 13, and where existing upon determination that the proposed activity will result in no further degradation;

• • • (2) Is in harmony with the purpose and intent of this ordinance and will promote the purpose of the Water Supply Overlay District;

• • • (3) Is appropriate to the natural topography, soils, and other characteristics of the site to be developed;

• • • (4) Will not, during construction or thereafter, have any adverse environmental impact on any water body or course in the Water Supply Overlay District; and

      (5) Will not adversely affect an existing or potential water supply.

• 6.19.9. Public hearing and decision. The Board shall hold a public hearing no later than sixty-five (65) days after filing a completed application and may continue a public hearing under this section if it finds that such a continuance is necessary to allow the petitioner or applicant to provide information of an unusual nature and which is not otherwise required as part of a special permit application and to allow sufficient time for remonstrants and public comment.

• 6.19.10. Design and operation guidelines. At a minimum, the following design and operation guidelines shall be observed within the Water Supply Overlay District:

• • (A) Fill - Fill materials used in the Water Supply Overlay District shall contain solid waste, toxic or hazardous materials, or hazardous wastes. Adequate documentation shall be provided to the Zoning Board of Review to guarantee the chemical quality of the fill. Any expenses incurred in laboratory analysis shall be solely at the expense of the applicant.

• • (B) Drainage - Storm water shall be managed using Low Impact Development (LID) practices to avoid and reduce runoff volume to the maximum extent practicable, as specified in the RI Stormwater Design and Installation Standards Manual and the Rhode Island Stormwater Management Guidance for Individual Single-Family Residential Lot Development, as amended, Where necessary to protect groundwater quality, runoff from paved parking lots, public and private streets, loading areas, storage and operating areas, and other impervious surfaces subject to contamination from road sediments, heavy metals and petroleum products shall be collected and diverted through an oil/water separator prior to discharge to the environment; collected and discharged into a "wet" storm water detention basin capable of achieving water quality enhancement; or diverted toward vegetated filter strips, swales, or bio-retention; or discharged or diverted to other storm water management (facility(s) designed to attenuate runoff and provide pollutant removal capabilities. The Zoning Board of Review 6-40 may require off-site discharge if on-site discharge is not feasible because of site conditions or is undesirable because of risks to water quality from such recharge.

• • (C) The maximum percentage of impervious area for each zone shall be as follows: M-40%, BH-35%, REA-10%, RA-12%, RS-15%, RU-25%, PS-40%, BN-40%, and all other commercial-40%. Residential lots of record that are non-conforming by area shall meet the requirements of the zone for which their area most nearly matches. Non-conforming lots of less than 15,000 square feet may use 40% impervious cover.

• • (D) Residential storage tanks for petroleum products may be located outdoors provided that they are located within a containment structure that has an impermeable base and surrounding dike. Such base and dikes shall be constructed of material which is both impermeable and compatible with the material being contained.

• • (E) Dumpsters which are used to store solid wastes shall be covered or located within a roofed area and have drain plugs intact. No washing or rinsing of dumpsters on-site shall occur.

• • (F) Conservation Developments are strongly encouraged for all major subdivision and land development projects in the Water supply Overlay Protection District. All facilities constructed in accordance with this Section shall be maintained by the owner so as to assure their ability to function as designed. Failure to properly maintain said facilities shall constitute a violation of this Ordinance and is subject to enforcement action by the Town.

• 6.19.11. Enforcement and violations.

• • 6.19.11.1. Enforcement- It is the intent of this Ordinance that, except in the cases of a Special Permit, all questions of interpretation and enforcement shall first be presented to the Zoning Enforcement Officer and that all questions shall be presented to the Zoning Board of Review only on an appeal from the Officer. Interpretation, enforcement and appeals shall be conducted in compliance with Section 18 of the ordinance.

• • 6.19.11.2. Violations - Written notice, via certified mail, of any violation of this ordinance shall be given by the Officer to the responsible person within forty-eight (48) hours of detection of the violation, specifying the requirement or restriction violated, the actions necessary to remove or remedy the violations, preventive measures required for avoiding future violations and a schedule of compliance. The costs of containment, cleanup, or other action of compliance shall be borne by the owner or operator of the premises.

• 6.19.12. Fee schedule. A schedule of fees, charges, expenses and penalty fees shall be established in conformation with section 12, subsection 12.1 of the North Smithfield Zoning Ordinance. (Ord. of 04/01/2013 , Ord. of 11/02/2020)