a. The watersheds of Stafford and Nonquit Ponds are herein established as Watershed Protection Overlay Districts. The watershed areas shall be those delineated in the Rhode Island Geographic Information System (RIGIS) data base, as represented on the town zoning map.
b. The overlay district as applied to the watershed of Nonquit Pond shall be divided into two areas, a primary protection area, and a secondary protection area. The primary area shall be defined as that area south of Cedar Swamp which is either within 2,000 feet from Nonquit Pond or within 500 feet from the pond's direct tributaries. Direct tributaries shall be defined as perennial rivers and streams as delineated on the current United States Geologic Service (USGS) Topographic Map. The secondary area shall be the remaining portion of the watershed (that which is not defined as the primary area).
c. Where the bounds of a Watershed Protection Overlay District are in doubt or in dispute, the burden of proof shall be upon the owners of the land in question to show where they should properly be located. At the request of the landowners, the town may engage a professional hydrogeologist or a soil scientist to determine more accurately the location and extent of the watershed area and may charge the owner for all or part of the cost of the investigation.

(Ord. of 6-4-01(6))

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