In the agricultural, residential, commercial
and industrial districts the space in a required front, side or rear
yard shall be open and unobstructed by buildings or structures with
the following exceptions:
A.
Projections of cornices and other ornamental features
may extend not more than three feet into a yard.
B.
Landscape features such as trees, fences, poles, shrubs and terraces may be placed in any yard area, subject to provisions of § 350-45.
C.
A structure accessory to a permitted use may cover
up to 25% of a side or rear yard area but may be placed no closer
than 10 feet to a lot line.
D.
Unenclosed porches or platforms may extend or project
into the rear or side yard not more than 15 feet.
E.
In commercial and industrial districts an outdoor
telephone booth may be located in a front yard area, provided it is
within 100 feet of an off-street parking facility.
No more than one structure used for residential
purposes shall be built upon any single lot in any A or R District.
[Amended 12-20-2012, effective 1-23-2013]
On any corner lot and at street intersections
in all districts, no wall, fence, structure or building shall be erected,
and no hedge, tree, shrub or other vegetation shall be maintained,
between the heights of 2 1/2 and 10 feet above street level within
the triangle formed by the two street lines and a third line joining
points on the street lines 30 feet from the intersection of street
lines.
 |
Church spires, towers or belfries, steeples,
flagpoles, chimneys, radio or television antennas, barns, silos or
other similar structures which are in no way used for living or advertising
purposes may be erected above the maximum height of buildings permitted
in each district.
[Amended 12-15-2016,
effective 12-15-2016; 11-1-2018, effective 11-1-2018]
A.
Purpose. The purpose of this section is to regulate the creation
of new solar energy systems by providing standards for the placement,
design, construction, operation, monitoring, modification and removal
of such systems that address public safety, minimize impacts on scenic,
natural and historic resources, are compatible with the neighborhoods
in which they are located and are consistent with the Comprehensive
Plan of the Town of Glocester.
B.
Applicability. The provisions of this section shall apply to construction,
operation, expansion and/or repair of any solar energy system in the
Town of Glocester.
C.
CONTAMINATED SITE PENDING REMEDIATION
CONTAMINATED SITE SOLAR ENERGY SYSTEM
GROUND-MOUNTED SOLAR ENERGY SYSTEM
LARGE-SCALE SOLAR ENERGY SYSTEM
MEDIUM-SCALE SOLAR ENERGY SYSTEM
REMEDIATED CONTAMINATION SITE
ROOF-MOUNTED SOLAR ENERGY SYSTEM
SMALL-SCALE SOLAR ENERGY SYSTEM
SOLAR CANOPY
SOLAR ENERGY SYSTEM
SOLAR LAND COVERAGE
SOLAR TRACKER SYSTEM
UTILITY-SCALE SOLAR ENERGY SYSTEM
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A site at which a hazardous material contamination that would
result in restricted use of the property has been identified and verified
by the Rhode Island Department of Environmental Management (RIDEM)
through issuance of a "program letter," but which has not yet been
remediated to the satisfaction of RIDEM.
A solar energy system located on a contaminated site pending
remediation or a remediated contamination site.
A solar energy system that is structurally appended to the
ground and is not supported to a structure or building.
A solar energy system that has a solar land coverage of 40,000
square feet up to 200,000 square feet.
A solar energy system that has a solar land coverage of more
than 1,750 square feet but less than 40,000 square feet.
A site on which a hazardous material contamination was identified,
remediation activities were performed, and use of the property was
restricted, and for which the RIDEM has issued a "letter of compliance"
or an "interim letter of compliance."
A solar energy system that is structurally appended to the
roof of a building or structure.
A solar energy system that has a solar land coverage of 1,750
square feet or less. This can also include a solar tracker system
provided it meets the same square footage requirements.
A solar energy system that is located on a new elevated structure
that hosts solar panels and provides shelter to a parking area, driveway
or walkway underneath.
The equipment and requisite hardware that provide and are
used for collecting, transferring, converting, storing, or using incident
solar energy for water heating, space heating, cooling, generating
electricity, or other applications that would otherwise require the
use of a conventional carbon-based source of energy such as petroleum
or natural gas. This shall include photovoltaic arrays and installations
that utilize building-mounted and/or ground-mounted systems.
The total footprint of land occupied by all components of
a solar energy system including but not limited to solar panels, mounting
equipment, ancillary components of the system, inter-row and panel/collector
spacing, access, and all other area within the required perimeter
security fencing.
Solar panels that are mounted to a racking system and utilize
a small motor allowing the panels to move and follow the sun.
A solar energy system that has a solar land coverage of more
than 200,000 square feet. Solar energy systems with a solar land coverage
greater than 20 acres are prohibited.
D.
All solar energy systems are strongly encouraged to be located on rooftops. Rooftop solar energy systems of any size are permitted by right in all zones and shall not exceed the maximum height for the applicable zoning district. This does not apply to solar canopies. Solar energy systems are also encouraged on existing contaminated sites, gravel banks, quarries, parking lots and in existing industrial zones. To encourage solar development in the aforementioned locations, the solar land coverage requirement in Subsection J(3) may be increased to 50% of the land suitable for development if it can be demonstrated to the Planning Board that the remaining performance standards can be met and the modification of the solar land coverage requirement would not negatively impact adjacent property owners and is consistent with the Glocester Community Comprehensive Plan. In addition all solar energy systems shall:
(1)
Meet all requirements of the State Building and Fire Codes, obtain
a building permit, and be inspected by a Town building inspector.
(2)
Comply with the State and National Electric Code, current edition.
(3)
Include a UL listing or equivalent.
(4)
Be set back at least three feet from the roof edge on all sides,
when roof mounted.
(5)
Be prohibited on land held under conservation easement or land for
which the development rights have been sold, transferred, or otherwise
removed from the parcel, unless the conditions of the easement, deed
or other applicable legal document specifically allow the installation
of a solar energy system, or shall receive approval for the disturbance
of such lands by the holder(s) of the easement or restriction.
(6)
Be designed and located to prevent reflective glare toward any inhabited
building or adjacent properties. Glare generated from solar panels
shall not interfere with traffic or create a safety hazard.
(7)
Minimize regrading. No removal of topsoil or unnecessary disturbance
of the ground or grading is permitted as part of the installation
or maintenance of a solar energy system. Any topsoil that must be
removed shall be stored and stabilized on-site for future use. In
no case shall soil be exported from the site.
(8)
Minimize clearing of natural vegetation from the site of the solar
energy system. Clearing shall be limited to what is necessary for
the construction, operation and maintenance of the facility. Vegetative
cover shall be maintained to prevent soil erosion. Pollinator-friendly
seed mixes and native plants shall be used to the maximum extent possible.
E.
Solar canopy. A solar canopy is permitted in the B-1, B-2 and I zones
and on all municipally owned property over a parking lot, driveway
or walkway provided such solar energy system meets the following:
F.
Small-scale solar energy system. A small-scale ground-mounted solar
energy system is permitted in all zones as an accessory structure
provided such solar system meets the following:
(1)
Location. Ground-mounted solar energy system shall be located in
the side or rear yard of the lot.
(2)
Height. Ground-mounted solar installations shall not exceed 12 feet
in height. Roof-mounted systems shall not exceed the maximum height
for the applicable zoning district.
(3)
All ground-mounted solar energy systems shall meet all applicable
zone requirements including but not limited to lighting, setbacks,
signage, and total lot coverage.
(4)
Screening. Ground-mounted solar energy systems shall maintain a twenty-foot
vegetated buffer from all adjacent properties and roadways with a
minimum height of eight feet at planting.
G.
Medium-scale solar energy system. A medium-scale ground-mounted solar
energy system is permitted in all zones except the Village Overlay
District and Village Overlay Center District provided such solar energy
system meets the following:
H.
Large-scale, solar energy system. A large-scale ground-mounted solar
energy system is permitted in all zones except the Village Overlay
District and Village Overlay Center District provided such solar energy
system meets the following:
I.
Utility-scale solar energy system. A utility-scale ground-mounted
solar energy system is permitted in the A-4, A-3, and I zone provided
such solar energy system meets the following:
J.
Performance standards.
(2)
Setbacks.
(a)
All medium- and large-scale ground-mounted solar energy systems
in the A-4, A-3, and R-2 zone shall maintain a 300-foot undisturbed
setback from any roadway or property line.
(b)
All utility-scale ground-mounted solar energy systems in the
A-4 or A-3 zone shall maintain a 500-foot undisturbed setback from
any roadway and a 300-foot undisturbed setback from any side or rear
property line.
(c)
All solar energy systems in the B-2, B-1 and I zones shall meet
the setbacks of the applicable zoning district unless the parcel abuts
property zoned A-4, A-3, or R-2, then the 300-foot undisturbed setback
shall be required along the property line abutting the A-4, A-3, or
R-2 zoned property.
(d)
The Planning Board may allow encroachment into the setback area
for ground-mounted solar energy systems where panels will cross the
property lines of one or more properties. The encroachment is permitted
only when such design will lead to a seamless installation of the
solar energy system, minimize clearing, and maximize screening from
the roadway and/or neighboring properties.
(e)
Solar canopies shall meet the setbacks of the applicable zoning
district.
(3)
Solar land coverage.
(a)
In the A-4, A-3 and R-2 zone, the solar land coverage plus any
additional or existing structures on the lot shall not exceed 15%
of the land suitable for development of the lot.
(b)
In the B-1 and B-2 zone, solar land coverage plus any additional
or existing structures on the lot shall not exceed 25% of the land
suitable for development of the lot.
(c)
In the I zone, the solar land coverage plus any additional or
existing structures on the lot shall not exceed 30% of the land suitable
for development of the lot.
(d)
Solar canopies are exempt from the solar land coverage requirements.
(4)
Screening. Ground-mounted solar energy systems shall be sited and
designed to minimize the aesthetic effect on view sheds within the
community. The design shall incorporate landscaping and design elements
to visually screen the solar energy system from view from public roads
and adjoining properties with dense, opaque vegetation.
(a)
In addition to the required undisturbed setback outlined in Subsection J(2), all medium-, large- and utility-scale solar energy systems shall maintain a minimum fifty-foot vegetated buffer from all adjacent properties and roadways with a minimum height of eight feet at planting.
(b)
While not subject to the setbacks outlined in Subsection J(2), the driveway accessing a solar energy system shall require the buffer outlined above when within 100 feet of a property line.
(c)
A vegetated buffer plan prepared by a RI licensed landscape
architect shall be required at the preliminary plan review stage.
The landscape architect shall verify that the vegetated buffer is
adequate to thoroughly screen the solar energy system year round.
The vegetated buffer plan shall use plants to the extent feasible
from the RI Native Plant database or plants used for agricultural
purposes that can effectively screen any visual impacts.
(d)
As part of the major land development process, the Planning
Board may alter this width dependent on any unique site characteristics
such as slope, open fields, wetlands, etc.
(e)
Solar canopies are exempt from these requirements.
(f)
The required screening shall be maintained for the life of the
solar energy system. The property owner shall be required to replant
any section of the buffer found to not meet the requirements of this
section as determined by the Zoning Official.
(5)
Forest impacts.
(a)
No more than 30% of the forested area of any lot in the A-4,
A-3, and R-2 zones shall be cleared for the purpose of installing
solar energy systems.
(b)
All stumps from the cleared area must be removed, disposed of
off-site or ground on-site after removal. Otherwise clearing of natural
vegetation shall be limited to what is necessary for the construction,
operation, and maintenance of the solar energy system or otherwise
prescribed by applicable laws, regulations, and ordinances.
(c)
Solar energy systems are encouraged to utilize shade pruning rather
than clear cutting where feasible.
(d)
Any applicant proposing a solar energy system that includes
clearing more than 40,000 square feet of forested area shall assess
the impacts of the forest loss and how the impacts can be mitigated.
At a minimum, the following issues must be addressed: water quality,
habitat, carbon sequestration and storage and adjacent properties.
(6)
Lighting. Lighting of solar energy systems shall be limited to requirements
for safety and operation and shall not shine light onto abutting properties
or shine above in order to minimize light pollution.
(7)
Noise. The Planning Board may require applicants for large- and utility-scale
solar energy systems to submit a noise study as part of their application.
The noise study shall assess the potential impacts of any off-site
noise receptors due to sound emitted by the solar energy system. The
noise study is required to demonstrate that the system, as designed,
does not exceed a 40-decibel noise level at the property lines.
(8)
Distribution lines. To the extent practical, all new distribution
lines to any building or utility connection shall be located below
ground. An executed interconnection service agreement with a utility
company is required prior to final approval of any medium-, large-
or utility-scale ground-mounted solar energy system.
(9)
Security fencing.
(a)
A minimum six-foot security fence shall surround the perimeter
of the solar energy system.
(b)
Barbed wire fencing is prohibited.
(c)
The fence shall be at least eight inches off the ground to allow
small animals to pass underneath.
(d)
New fences shall be flagged to protect both the fencing and
wildlife for at least six months.
(e)
Solar canopies are exempt from this requirement.
(10)
Emergency access. Accessibility for emergency services vehicles,
approved by the applicable Fire Department is required.
(11)
Signage.
(a)
No signage is permitted on solar energy system fencing except
for a sign displaying the facility name, address and emergency contact
information.
(b)
Signs such as no trespassing, warning or danger signs are allowed
as needed to ensure the safety of individuals who may come in contact
with the system.
(12)
Transmission lines. Applicants must provide a thorough explanation
of any transmission line access or upgrade required by the project,
including but not limited to the route starting and ending points,
potential impacts to street trees, and right-of-way width.
(13)
Electrical substations. Applicants must provide a thorough explanation
of any new or proposed upgrades to electrical substations including
but not limited to location, screening, setbacks and noise impacts.
(14)
Erosion and sediment control. Every effort should be made to
minimize changes to existing topography and hydrology. Site alterations
must conform to the most recent edition of the RI Stormwater Design
and Installation Standards Manual and the RI Soil Erosion and Sediment
Control handbook, as well as applicable town regulations. All applicable
erosion and sediment controls must be in place before construction,
including site work, begins.
(16)
Operation and maintenance plan. Medium-, large- and utility-scale
solar energy systems shall submit an operation and maintenance plan
that details how the solar energy system will be operated and maintained
in good condition and, at a minimum, shall address:
(a)
Site access maintenance.
(b)
Vegetation management to maintain the required vegetated screen
and avoid the use of harmful herbicides to maintain appropriate pollinator-friendly
vegetative ground cover.
(c)
Equipment and fence maintenance.
(d)
Any other maintenance that may be needed to address Town requirements
imposed due to the unique site conditions.
(17)
Abandonment. The solar energy system shall be considered abandoned
when it is disconnected for one calendar year without prior approval
from the Town. Abandoned solar energy systems shall be removed within
180 days of the date of abandonment.
(18)
Decommissioning. Any solar energy system which has reached the
end of its useful life shall be removed within 180 days from the date
of discontinued operations. A decommissioning estimate, prepared by
a RI licensed engineer, must be approved by the Planning Board during
the preliminary plan review. Each element of the decommissioning cost
estimate must include a verifiable source with contact information.
Decommissioning shall consist of:
(a)
Physical removal and recycling of all solar energy system structures,
equipment, security barriers, fencing and transmission lines from
the site.
(b)
Disposal of all solid and hazardous waste in accordance with
all federal, state and local laws, regulations and ordinances.
(c)
Stabilization and revegetation of the site necessary to minimize
erosion and in compliance with all state and local laws, regulations,
and ordinances, approved by the Glocester Zoning Official or his/her
designee.
(19)
Failure to remove. If the owner or operator of an abandoned
or decommissioned solar energy system fails to remove the solar energy
system in accordance with the provisions of this section, the Town
of Glocester may enter the property and physically remove all elements
of the solar energy system. The cost of such removal shall be the
responsibility of the owner and/or operator of the solar energy system
and/or the land owner.
(20)
Financial surety. Prior to the issuance of any building permit
for a medium-, large-, or utility-scale ground-mounted or solar canopy
solar energy system, an escrow agreement or escrow funds to cover
125% of the cost of decommissioning as approved by the Planning Board,
shall be posted with the Town of Glocester. This surety shall be automatically
renewed annually for a minimum of 20 years or for the anticipated
life of the solar energy system.
[1]
Editor's Note: Former § 350-46, Sewage disposal
system setback from water bodies, was repealed 10-21-2010, effective
10-21-2010.
Where a lot is divided by a zoning district
boundary, the regulations for either zoning district shall apply at
the option of the owner of the lot, except that no district shall,
in effect, be extended more than 50 feet into an adjoining district,
nor be extended beyond the lot boundary.
A.
No zoning certificate or permit shall be issued by
the Inspector for construction of a building or for use of land requiring
an access driveway onto a state or Town road until the Inspector receives
the approval of the Highway Surveyor or his authorized representative.
B.
Driveway access shall include vehicle driveways, or
any construction, removal, or alteration of grade or pitch within
the right-of-way of any state or Town road.
C.
All specifications for any such driveway access must
conform to the following requirements:
(1)
Any driveway access shall be so graded that it will
not be necessary to change the established grade of the adjacent state
or Town road.
(2)
No part of any driveway access shall extend beyond
the road line in such manner as to change the grade of the road or
obstruct the free flow of water draining off the road.
(3)
Where a driveway approach crosses an open ditch or
where such construction will interfere with the drainage of stormwater
along the side of the road, a culvert of such size and of such material
as determined by the Highway Surveyor or his authorized representative
shall be installed.
(4)
The driveway access shall be so constructed that there
will be no drainage from the driveway onto the state or Town road.
(5)
If, in the opinion of the Highway Surveyor or his
authorized representative, protection is required for the shoulder
and/or edge of the state or Town road, an apron of bituminous concrete
or other suitable material or treatment shall be installed.
(6)
All required construction shall be at the property
owner's expense.
D.
The Highway Surveyor or his authorized representative of the Town shall from time to time inspect the construction of such driveway access to make sure that such construction conforms to the requirements of Subsection C of this section. Upon completion of such construction, the Highway Surveyor or his authorized representative shall make a final inspection and accept or reject, in writing to the Inspector, such construction. In the event of rejection, the owner shall be given a period of 30 days to bring such construction into compliance with Subsection C of this section.
F.
Driveway access to a state road shall additionally
require the approval, in writing, of the Rhode Island Department of
Transportation. Such approval shall state that the proposed access
driveway will not substantially interfere with traffic flow and any
future widening of the road and will not constitute a safety hazard
to traffic on the state road.
[Added 3-15-2007, effective 3-15-2007]
One accessory family dwelling unit (AFDU) shall
be permitted by special use permit within or attached to a principal
single-family residence, provided that it meets all the following
requirements:
A.
The accessory family dwelling unit shall comply with
the applicable district dimensional regulations for the principal
structure.
B.
The accessory apartment shall be designed and constructed
in such a way as to maintain the appearance of the use of the lot
as a single-family residence in agricultural and residential districts.
C.
The accessory apartment shall be attached to the principal
structure by means of a permanent foundation system and enclosed habitable
or nonhabitable floor space.
D.
The accessory apartment shall remain in the same ownership
as the principal residence.
E.
The accessory apartment is intended for permanent
residential occupancy and is required to be occupied for at least
six months of the year.
F.
Approval for the proposed AFDU from the Rhode Island
Department of Environmental Management must be submitted prior to
the issuance of a building permit for construction.
G.
The owner/applicant for a permit to construct an accessory
family dwelling must sign an agreement restricting occupancy of such
dwelling unit to family members and indemnifying the Town of Glocester
from any cost to said Town incurred in enforcing the terms of said
agreement, which agreement shall be recorded in the Land Evidence
Records of the Town at the expense of the applicant, and which agreement
shall run with the land so as to be applicable to and binding upon
subsequent owners and shall be enforceable against the applicant,
his heirs, devises, successors and assigns.
H.
The AFDU shall contain no more than one bedroom, is
limited to no more than 750 square feet, and must be occupied only
by members of the family occupying the principal residence.
[Amended 12-20-2012; effective 1-23-2012]
Gasoline stations may be permitted, provided
they comply with the following regulations:
A.
Detailed site plans showing the location and number
of fuel pumps, the depth and capacity of fuel tanks, the number of
service bays and the number of automobiles which may be stored within
the principal structures shall be submitted to the Zoning Board of
Review prior to approval or disapproval.
B.
All fuel tanks shall be installed underground.
C.
No gasoline station shall be within 200 feet of any
church, school, or other public and semipublic institution boundary
lines.
D.
Driveways shall not be more than 16 feet at curbline
and they shall be at least 15 feet away from any side line or from
the intersection of street lines.
E.
The entire area of the gasoline station traversed
by motor vehicles shall be hard surfaced.
Motels may be permitted, provided they comply
with the following regulations:
The following regulations shall apply in the
Highway Commercial Zones:
A.
All buildings erected or constructed shall be entirely
new and complete structures designed for and to be used for commercial
purposes only. No structure originally designed as a residence, or
as an accessory to a residence, shall be used for commercial purposes.
B.
No residential uses shall be permitted in Highway
Commercial Zones.
C.
No commercial structure shall be closer than 100 feet
to the nearest residential zone.
No freshwater wetlands, as defined by Chapter
213 of the Public Laws of 1970, as amended, relating to freshwater
wetlands, shall be excavated, drained or filled, nor shall any extraneous
materials be placed in or removed from these wetlands, nor water flow
diverted out of same, nor any other change be made to the natural
condition of any freshwater wetland without prior approval of the
RI Department of Environmental Management and the Glocester Town Council
in accordance with the provisions of said chapter.
The following requirements shall be met for
any drive-in business:
A.
The minimum lot area shall be the minimum required
for the zoning district.
B.
A drive-in business window, service area, or vehicular
stacking lane shall not be located within a required front, side or
rear yard area. Where such a window or service area abuts a residential
zoning district or residential land use, the window, service area,
or vehicular stacking lane shall be set back at least 50 feet from
the adjacent property boundary.
C.
Plans for any drive-in business shall include provisions
for drainage, lighting, glare prevention, landscaping and screening,
and noise buffers, between the vehicular service or waiting area and
adjacent properties. Outside audio systems such as ordering stations
or loud speakers are prohibited.
D.
Plans for any drive-in business shall provide that
on-premises vehicular service or waiting areas will not cause conflict
or otherwise interfere with moving traffic on an adjacent public street,
on- or off-premises pedestrian movement and safety, or emergency access.
E.
Site plan requirement. Any business that includes
a drive-in use must submit, as a part of a special use permit application,
a site plan to the Zoning Officer at a suggested scale of one inch
to 20 feet, which shall include the following information:
(1)
Lot dimensions and area;
(2)
All buildings and structures existing and proposed;
(3)
Yards and space between buildings;
(4)
Walls, fences, landscaping, and drainage control provisions
for groundwater and stormwater;
(5)
Vehicular, pedestrian, and service access;
(6)
Automobile stacking spaces from service and ordering
station;
(7)
Parking spaces, including number of spaces and dimensions
of parking area;
(8)
Signs and lighting, including location, height, size,
and method of illumination;
(9)
Outdoor storage, including trash, seating, and other
outdoor activities;
(10)
The relationship of proposed construction to
adjacent properties;
(11)
The name, registration number, date, and stamp
of the licensed preparer of the map.
F.
Unless plans requiring Rhode Island Department of
Environmental Management approvals or permits are accompanied by evidence
of such approvals, any approval of plans by the Zoning Board of Review
shall be conditioned upon such state agency approval.
[Amended 2-24-2009, effective 2-24-2009]
A.
Purpose. The purpose of this section is to ensure public safety;
minimize hazards to persons and property from flooding, to protect
watercourses from encroachment and to maintain the capability of floodplains
to retain and carry off floodwaters.
B.
Applicability.
(1)
The Town elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended). The National Flood Insurance Program, established in the aforesaid act, provides that areas of the Town having a special flood hazard be identified by the Federal Emergency Management Agency (FEMA) and that floodplain management measures be applied in such flood hazard areas. The requirements of this § 350-55 shall apply to any construction or other development which lies wholly or partly within an area of special flood hazard, as identified as Zone A, AE, AH, AO, A1-30, A99, V, V1-30, VE on the Flood Insurance Rate Map (FIRM) and Flood Hazard Boundary Map prepared by Federal Emergency Management Agency. The map panels of the Providence County FIRM that are wholly or partially within the Town of Glocester are panel numbers 44007C0120H and 4007C0235H, dated March 2, 2009, and July 19, 2023.
[Amended 6-15-2023, effective 6-15-2023]
(2)
The degree of flood protection required by the section is considered
reasonable but does not imply total flood protection. If any section,
provision, or portion of this section is adjudged unconstitutional
or invalid by a court, the remainder of the section shall control.
(3)
For the purposes of this section, "other development" shall be defined
as any action exclusive of that which requires the issuance of a building
permit under the Rhode Island State Building Code. Such other development
shall include, but not necessarily be limited to, the following:
(4)
The requirements set forth in this section shall be in addition to
any applicable requirements in this chapter and in any other regulation
which may be applicable.
C.
ACCESSORY STRUCTURE
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
COST
DEVELOPMENT
DRY FLOODPROOFING
EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR EXISTING
MANUFACTURED HOME SUBDIVISION
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FINISHED LIVING SPACE
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD or FLOODING
FLOODWAY
FUNCTIONALLY DEPENDENT USE OR FACILITY
HIGHEST ADJACENT GRADE (HAG)
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
MARKET VALUE
MEAN SEA LEVEL (MSL)
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
SHEET FLOW AREA
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
(a)
(b)
VARIANCE
VIOLATION
WATER SURFACE ELEVATION
WET FLOODPROOFING
Definitions. Unless specifically defined below, words and phrases
used in this section pertain to floodplain management, have the same
meaning as they have in common usage and as to give this section its
most reasonable application.
A structure which is on the same parcel of property as the
principal structure to be insured and the use of which is incidental
to the use of the principal structure.
(For a community with AO or AH Zones only.) A designated
AO, AH, AR/AO, AR/AH, or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with a one-percent-or-greater annual chance of flooding
to an average depth of one to three feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable, and where
velocity flow may be evident. Such flooding is characterized by ponding
or sheet flow.
See definition for "special flood hazard area."
The flood having a one-percent chance of being equaled or
exceeded in any given year, also referred to as the one-hundred-year
flood, as published by the Federal Emergency Management Agency (FEMA)
as part of a Flood Insurance Study (FIS) and depicted on a Flood Insurance
Rate Map (FIRM).
The elevation of the crest of the base flood or one-hundred-year
flood. The height in relation to mean sea level expected to be reached
by the waters of the base flood at pertinent points in the floodplains
of coastal and riverine areas.
Any area of the building having its floor subgrade (below
ground level) on all sides.
See definition for "structure."
As related to substantial improvements, the cost of any reconstruction,
rehabilitation, addition, alteration, repair or other improvement
of a structure shall be established by a detailed written contractor's
estimate. The estimate shall include, but not be limited to, the cost
of materials (interior finishing elements, structural elements, utility
and service equipment); sales tax on materials, building equipment
and fixtures, including heating and air conditioning and utility meters;
labor; built-in appliances; demolition and site preparation; repairs
made to damaged parts of the building worked on at the same time;
contractor's overhead; contractor's profit; and grand total. Items
to be excluded include cost of plans and specifications, survey costs,
permit fees, outside improvements such as septic systems, water supply
wells, landscaping, sidewalks, fences, yard lights, irrigation systems,
and detached structures, such as garages, sheds, and gazebos.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction of buildings or structures;
the construction of additions, alterations or substantial improvements
to buildings or structures; the placement of buildings or structures;
mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment; the storage, deposition, or extraction
of materials; and the installation, repair or removal of public or
private sewage disposal systems or water supply facilities.
Any combination of structural and nonstructural protection
measures incorporated in a building that is not elevated above the
base flood elevation that keeps water from entering the building to
prevent or minimize flood damage. Note: For insurance purposes, a
dry floodproofed, nonresidential structure is rated based on the elevation
of its lowest floor unless it is floodproofed to one foot above the
BFE.
A manufactured home park or manufactured home subdivision
for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including, as a minimum,
the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed before
the effective date of the floodplain management regulations adopted
by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
The federal agency that administers the National Flood Insurance
Program (NFIP).
Fully enclosed areas below the base flood elevation (BFE)
that are not considered a basement cannot have finished living space
and needs to be designed to be exposed to flood forces. These spaces
can only be used for parking, building access or limited storage.
Finished living space can include, but is not limited to, a space
that is heated and/or cooled, contains finished floors (tile, linoleum,
hardwood, etc.), has sheetrock walls that may or may not be painted
or wallpapered, and other amenities, such as furniture, appliances,
bathrooms, fireplaces and other items that are easily damaged by floodwaters
and expensive to clean, repair or replace.
The official map of a community on which the Federal Emergency
Management Agency (FEMA) has delineated the limits of the regulatory
floodway and one-hundred-year floodplain.
The official map of a community on which the Federal Emergency
Management Agency (FEMA) has delineated both the special flood hazard
areas (one-hundred-year floodplain) and the insurance risk premium
zones applicable to a community. FIRM published after January 1990
may also show the limits of the regulatory floodway.
The official study of a community in which the Federal Emergency
Management Agency (FEMA) has conducted a technical engineering evaluation
and determination of local flood hazards, flood profiles and water
surface elevations. The Flood Insurance Rate Maps (FIRM), which accompany
the FIS, provide both flood insurance rate zones and base flood elevations,
and may provide the regulatory floodway limits.
A general and temporary condition of partial or complete
inundation of normally dry land areas from either the overflow of
inland or tidal waters, or the unusual and rapid accumulation or runoff
of surface waters from any source.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot. For the purposes of these regulations, the term "regulatory
floodway" is synonymous in meaning with the term "floodway."
A use or facility that cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The
term includes only docking facilities, port facilities that are necessary
for the loading and unloading of cargo or passengers, and ship building
and ship repair facilities. The term does not include seafood processing
facilities, long-term storage, manufacturing, sales or service facilities.
(Only for community with AO/AH zones.) The highest natural
elevation of the ground surface prior to construction next to the
proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historic significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The lowest floor of the lowest enclosed area (including basement).
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term also includes park trailers, travel trailers, recreational vehicles
and other similar vehicles or transportable structures placed on a
site for 180 consecutive days or longer and intended to be improved
property.
A parcel or contiguous parcels of land divided into two or
more manufactured home lots for rent or sale.
Market value is the price of a structure that a willing buyer
and seller agree upon. This can be determined by an independent appraisal
by a professional appraiser; the property's tax assessment minus land
value; the replacement cost minus depreciation of the structure; the
structure's actual cash value.
Avenge height of the sea for all stages of the tide, usually
determined from hourly height observations over a nineteen-year period
on an open coast or in adjacent waters having free access to the sea.
The National Geodetic Vertical Datum (NGVD) of 1929 (or other datum
where specified) to which base flood elevations shown on a community
Flood Insurance Rate Map (FIRM) are referenced.
Structures for which the "start of construction" commenced
on or after effective date of floodplain regulations, and includes
any subsequent improvements to such structures.
A manufactured home park or manufactured home subdivision
for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including at a minimum,
the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed on
or after the effective date of floodplain regulations adopted by the
community.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
a temporary living quarters for recreational, camping, travel, or
seasonal use.
See definition for "floodway."
(For community with AO, AH, or VO Zones only.) See definition
for "area of shallow flooding."
The land in the floodplain within a community subject to
a one-percent-or-greater chance of flooding in any given year. SFHAs
are determined utilizing the base flood elevations (BFE) provided
on the flood profiles in the Flood Insurance Study (FIS) for a community.
BFEs provided on Flood Insurance Rate Map (FIRM) are only approximate
(rounded up or down) and should be verified with the BFEs published
in the FIS for a specific location. SFHAs include, but are not necessarily
limited to, the land shown as Zones A, A1-30, AE, AO, AH, and the
coastal high hazard areas shown as Zones V, V1-30, and VE on a FIRM.
The SFHA is also called the "area of special flood hazard."
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial
improvement and means the date the building permit was issued, provided
the actual start of construction, repair, reconstruction, rehabilitation,
addition placement, substantial improvement or other improvement was
within 180 days of the permit date. The actual start means either
the first placement of permanent construction of a structure on a
site, such as the pouring of slab or footings, the installation of
piles, the construction of columns, or any work beyond the stage of
excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erections of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
A walled and roofed building which is principally above the
ground, including a manufactured home, a gas or liquid storage tank,
or other man-made facilities or infrastructures.
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to its predamaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any combination of repairs, reconstruction, rehabilitation,
alterations, additions or other improvements to a structure, taking
place during a ten-year period, in which the cumulative cost equals
or exceeds 50% of the market value of the structure as determined
at the beginning of such ten-year period. This term includes structures
that have incurred "substantial damage," regardless of the actual
repair work performed. For purposes of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure.
The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of an "historic" structure, provided that the
alteration will not preclude the structure's continued designation
as an "historic structure."
A grant of relief by a community from the terms of the floodplain
management ordinance that allows construction in a manner otherwise
prohibited and where specific enforcement would result in unnecessary
hardship.
Failure of a structure or other development to be fully complaint
with the community's floodplain management ordinance. A structure
or other development without required permits, lowest floor elevation
documentation, floodproofing certificates or required floodway encroachment
calculations is presumed to be in violation until such time as that
documentation is provided.
The height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 (or other datum, where specified), of floods
of various magnitudes and frequencies in the floodplains of coastal
or riverine areas.
Measures designed to minimize damage to a structure or its
contents by water that is allowed into a building.
D.
Permit required.
(1)
Except where construction is covered by a building permit or by approval
of a subdivision plat by the Glocester Planning Board, any other development
shall require the issuance of a development permit by the Building
Official or his or her designee. Said permit shall be in a form authorized
by the Town Council.
(2)
The application for a flood hazard development permit shall be submitted
to the Code Enforcement Officer and shall include:
(a)
The name and address of the applicant;
(b)
An address or a map indicating the location of the construction
site;
(c)
A site plan showing location of existing and proposed structures,
sewage disposal facilities, water supply facilities, areas to be cut
and filled, the dimensions of the lot, and bench marks used for flood
elevation;
(d)
A statement of the intended use of the structure;
(e)
A statement as to the type of sewage system proposed;
(f)
Specification of dimensions of the proposed structures;
(g)
The elevation (in relation to mean sea level) of the lowest
floor, including basement, and if the lowest floor is below grade
on one or more sides, the elevation of the floor immediately above;
(h)
Base flood elevation data for all new, relocated or substantially
improved structures;
(i)
The elevation (in relation to mean sea level) to which the structure
will be floodproofed;
(j)
The description of the extent to which any watercourse will
be altered or relocated as a result of the proposed development.
(k)
Any wetlands application(s);
(l)
Soils/erosion plan;
(3)
Prior to the issuance of a building or development permit, the applicant
shall submit evidence that all necessary permits and approvals have
been received from all government agencies from which approval is
required by federal or state law.
E.
Permit fee. A permit fee (based on the cost of the construction)
shall be required to be paid to the Town of Glocester and a copy of
a receipt for the same shall accompany the application. An additional
fee may be charged if the Code Enforcement Officer and/or Board of
Appeals need the assistance of a professional engineer.
F.
Review of flood hazard development permit applications. The Building
Official or his or her designee shall:
(1)
Review all applications for flood hazard development permits to determine that all pertinent requirements as described Subsection G of this section have been or will be met;
(2)
Utilize, in the review of all flood hazard development permit applications, the base flood data contained in the "Flood Insurance Study--Town of Glocester, Rhode Island, Providence County," as described in Subsection B.
(3)
Make interpretations of the location of boundaries of special flood hazard areas shown on maps described in Subsection B;
(4)
In A Zones, in absence of FEMA BFE data and floodway data, obtain,
review, and reasonably utilize other BFE and floodway data as a basis
for elevating residential structures to or above the base flood level,
and for floodproofing or elevating nonresidential structures to or
above the base flood level.
(5)
In review of flood hazard development permit applications, determine
that all necessary permits have been obtained from those federal,
state and local government agencies from which prior approval is required;
(6)
Notify adjacent municipalities, the State Department of Environmental
Management and the State Bureau of Civil Emergency Preparedness prior
to any alteration or relocation of a watercourse and submit copies
of such notifications to the Federal Emergency Management Agency and
maintain carrying capacity of altered watercourse; and
(7)
Maintain, as a permanent record, copies of all flood hazard development
permits issued and data relevant thereto, including reports of the
zoning board of review on variances.
G.
Development standards. The following standards shall apply to any construction or other development located wholly or partly within an area of special flood hazard as defined in Subsection B. Please also refer to the current Rhode Island State Building Code, One and Two Family Dwelling Code, Plumbing Code, Mechanical Code, and Electrical for state standards or any other applicable codes.
(1)
No watercourse may be altered in a manner which will, in the opinion
of the Building Official or his or her designee, result in any decrease
in the capacity of the watercourse, and no land shall be graded or
altered in such a manner as to increase the base flood elevation within
the Town of Glocester. Where any alteration is permitted, the Building
Official or his or her designee will notify the adjacent communities,
the Rhode Island Statewide Planning Program and the Federal Emergency
Management Agency.
(2)
In a regulatory floodway, any encroachment is prohibited which would
cause any increase in the base flood level unless hydrologic and hydraulic
analyses prove that the proposed encroachment would not increase flood
levels during the base flood discharge.
(3)
The filling or excavation of land may be permitted only under the
following conditions:
(a)
Said action will not encroach upon a watercourse.
(b)
Said action will not result in an increase in the potential
flood level. Where it is determined that said action may result in
an increase in the potential flood level, the Building Official or
his or her designee shall require appropriate measures to offset the
potential increase. Adequate drainage shall be provided so as to reduce
the exposure of the site or any other land to flood hazard.
(4)
No outdoor storage of materials or equipment which is likely to cause
damage to property, create a potential obstruction to floodwaters,
create a potential fire hazard or pollute the waters during flood
periods shall be permitted in any special flood hazard area. Such
materials or equipment shall include but not necessarily be limited
to lumber and other buoyant materials, water-soluble materials, volatile
or flammable materials, acids or poisons.
(5)
Provision shall be made for anchoring facilities, equipment or yard
features which are capable of movement or flotation in floodwaters.
Such items shall include but shall not necessarily be limited to fences,
sheds, animal shelters, tanks, storage boxes, planters, vehicles,
boats and other items normally positioned or stored on a site outside
of a structure.
(6)
The use of flood-resistant materials shall be used for structures within an area of special flood hazard as defined in Subsection B.
(7)
Construction methods and practices shall be used that minimize flood
damage.
(8)
Electrical, heating, ventilation, plumbing, air-conditioning equipment,
and other service facilities shall be designed and/or located to prevent
water entry to accumulation.
(9)
On-site waste disposal systems shall be designed to avoid impairment
or contamination of the floodway.
(10)
New and replacement water supply and sanitary sewage systems
shall be designed to minimize or eliminate infiltration.
(11)
Base flood elevation data is required for subdivision proposals
or other development greater than 50 lots or five acres.
H.
Construction Standards in Special Flood Hazard Areas (SFHA), Zones
A, A1-30, AE.
(1)
Residential construction. All new construction, substantial improvements,
and repair to structures that have sustained substantial damage shall
have the bottom of the lowest floor, including basement, elevated
to or above the base flood elevation (BFE).
(2)
Nonresidential construction. All new construction, substantial improvements,
and repair to structures that have sustained substantial damage which
are commercial, industrial or nonresidential structures shall:
(a)
Have the bottom of the lowest floor, including basement, elevated
to or above the base flood elevation (BFE); or
(b)
In lieu of being elevated, nonresidential structures may be
dry floodproofed to one foot above the BFE, provided that together
with all attendant utilities and sanitary facilities the areas of
the structure below the required elevation are watertight with walls
substantially impermeable to the passage of water, and provided that
such structures are composed of structural components having the capability
of resisting hydrostatic and hydrodynamic loads and the effects of
buoyancy. A Rhode Island-registered professional engineer or architect
shall review and/or develop structural design specifications and plans
for the construction, and shall certify that the design and methods
of construction are in accordance with acceptable standards of practice
or meeting the provisions of this section. Such certification shall
be provided to the Building Official or his or her designee.
(3)
Fully enclosed areas below the base flood elevation of elevated buildings. All new construction, substantial improvements, or repair of substantial damage to residential or nonresidential structures that include fully enclosed areas formed by a foundation and other exterior walls below the base flood elevation (BFE) of an elevated building shall be designed to preclude finished living space and be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls (wet floodproofing). Designs for complying with this requirement must either be certified by a Rhode Island-registered professional engineer or architect, or meet the following minimum criteria listed in Subsections H(3)(a) through (g) below:
(a)
Provide a minimum of two openings (hydraulic flood vents) having
a total net area of not less than one square inch for every one square
foot of enclosed area subject to flooding. These hydraulic openings
must be located on at least two different walls. Only the area (square
footage) that lies below the BFE can be used in the calculation of
net area of vents required;
(b)
The bottom of all openings shall be no higher than one foot
above grade. At least one side of the structure's fully enclosed area
must be at or above grade. Fill placed around the foundation walls
must be graded so that the elevation inside the enclosed area is equal
to or higher than the adjacent outside elevation on at least one side
of the building. The foundation slab of a residential structure, including
the slab of a crawl space, must be set equal to the outside finished
grade on at least one side of the building;
(c)
The openings may be equipped with screens, louvers, valves or
other coverings or devices, provided they permit the automatic entry
and exit of floodwaters in both directions without any external influence
or control such as human intervention, including the use of electrical
and other nonautomatic mechanical means. Other coverings may be designed
and certified by an engineer or approved by the Building Official
or his or her designee.
(d)
The area cannot be used as finished living space. Use of the
enclosed area shall be the minimum necessary and shall only be used
for the parking of vehicles, building access or limited storage. Access
to the enclosed area shall be the minimum necessary to allow for the
parking of vehicles (garage door) or limited storage of maintenance
equipment used in connection with the premises (standard exterior
door) or entry to the living area (stairway or elevator). The enclosed
area shall not be used for human habitation or partitioned into separate
rooms;
(e)
All interior walls, floor, and ceiling materials located below
the BFE shall be unfinished and resistant to flood damage.
(f)
Electrical, plumbing, machinery or other utility equipment that
services the structure (furnaces, oil or propane tanks, air conditioners,
heat pumps, hot-water heaters, ventilation, washers, dryers, electrical
junction boxes, circuit-breaker boxes and food freezers) are prohibited
in the fully enclosed area below the BFE. Utilities or service equipment
located in this enclosed area, even if elevated above the BFE in the
space, will subject the structure to increased flood insurance rates.
(g)
A residential building with a structurally attached garage having the floor slab below the BFE is considered an enclosed area below the BFE and must meet the standards of Subsections H(3). A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of floodwaters in both directions. Flood openings or vents are required in the exterior walls of the garage or in the garage doors. The human intervention necessary to open garage doors when flooding occurs is not an acceptable means of meeting the openings requirements. In addition to the automatic entry of floodwaters, the areas of the garage below BFE must be constructed with flood-resistant materials. Garages attached to nonresidential structures must also meet the aforementioned requirements or be dry floodproofed as per the requirements of Subsection H(2) of this section.
(4)
Manufactured (mobile) homes and recreational vehicles (RVs).
(a)
In all special flood hazard areas (SFHA), any manufactured (mobile)
homes to be newly placed, substantially improved or repaired as a
result of substantial damage shall be elevated so that the bottom
of the lowest floor is at or above the base flood elevation (BFE).
This includes SFHAs outside a manufactured home park or subdivision,
in a new manufactured home park or subdivision, in an expansion to
an existing manufactured home park or subdivision, or on a site in
an existing park in which a manufactured home has incurred substantial
damage as a result of a flood.
(b)
All manufactured (mobile) homes within a SFHA shall be placed
on a permanent foundation which itself is securely anchored and to
which the structure is securely anchored so that it will resist flotation,
lateral movement and hydrostatic pressures. Anchoring may include,
but not be limited to, the use of over-the-top or frame ties to ground
anchors.
(c)
All manufactured (mobile) homes within a SFHA shall be installed
using methods and practices which minimize flood damage. Adequate
access and drainage should be provided. Elevation construction standards
include piling foundations placed no more than 10 feet apart, and
reinforcement is provided for piers more than six feet above ground
level.
(d)
(e)
Public utilities and facilities in manufactured (mobile) homes
or subdivisions with a SFHA shall be constructed so as to minimize
flood damage.
(5)
Accessory structures. Detached accessory structures in Zones A, AE,
A1-30, AO, and AH (i.e., garages, sheds) do not have to meet the elevation
or dry floodproofing requirement if the following standards are met:
(a)
The structure is no more than 500 square feet and has a value
less than $3,000.
(b)
The structure has unfinished interiors and must not be used
for human habitation. An apartment, office or other finished space
over a detached garage is considered human habitation and would require
the structure to be elevated.
(c)
The structure is used solely for parking of vehicles and/or
limited storage.
(d)
The accessory structure must be wet-floodproofed and designed
to allow for the automatic entry and exit of floodwater.
(e)
The accessory structure shall be firmly anchored to prevent
flotation, collapse and lateral movement.
(f)
Service facilities such as electrical, mechanical and heating
equipment must be elevated or floodproofed to or above the base flood
elevation.
I.
Variance.
(1)
The Zoning Board of Review may hear and grant a variance in accordance with the procedure outlined in § 350-8E. In addition to applying the criteria and requirements of said section, the Board shall undertake the following in granting a variance from the provisions of this section:
(a)
Describe in its decision the exact extent of the variance granted.
(b)
Indicate in its decision that the granting of such variance
may affect the flood insurance rates as they apply to the subject
property up to amounts as high as $25 per $100 of insurance coverage,
and further, that construction or other development below the base
flood elevation may increase risk to life and property.
(c)
Forward a copy of its written decision and findings to the applicant,
the Building Official or his or her designee, the Rhode Island Statewide
Planning Program and the Federal Insurance Administration in the annual
report of the Town to the administration.
(2)
No variance may be granted which will result in any increase in flood
levels.
J.
Enforcement.
(1)
It shall be the duty of the Building Official or his or her designee
to enforce the provisions of this section. If the Code Enforcement
Officer finds that any provisions of this section are being violated,
he shall notify, in writing, the person responsible for such violation
indicating the nature of the violation and ordering the action necessary
to correct it.
(2)
When the above action does not result in the correction or abatement
of the violation, the municipal officers, upon notice from the Code
Enforcement Officer, are hereby authorized and directed to institute
any and all actions, whether legal or equitable, necessary to the
enforcement of this section. Any person who continues to violate any
provision of this section after receiving notice of such violation
shall be guilty of a violation of this chapter and subject to a fine
of $500 per day for each violation. Each day such a violation is continued
is a separate offense.
A.
Intent.
(1)
The Town Council finds, pursuant to the authority
contained in R.I.G.L. § 45-23-29, as amended, that it is
necessary to provide for innovative land development practices with
respect to the siting and installation of telecommunications towers,
antennas and accessory structures; and
(2)
The Town Council further finds that the preparation,
enactment and implementation of a zoning ordinance relating to telecommunications
towers, antennas and accessory structures, is necessary to address
the protection of public health, safety and welfare of the citizens
of Glocester; and
(3)
Therefore, it is the intent of the Town Council that
this section provide guidance and direction with respect to matters
affecting the siting and installation of telecommunications towers,
antennas and accessory structures.
B.
Purpose.
(1)
General purposes. The general purpose of this section
is to regulate the placement of wireless communications towers, antennas
and related facilities, and the addition of wireless communications
equipment to existing structures. The regulations serve to establish
a procedure for application, permits, and for special use permits;
to establish development standards and location requirements; and
to encourage the co-location of equipment onto existing structures.
(2)
The specific purposes of this section are to:
(a)
Address public safety concerns associated with
the siting of wireless communications facilities; including towers,
antennas and related facilities, equipment and structures.
(b)
Preserve the character, appearance, property
values, natural resources and historic sites of the Town;
(c)
Minimize the number of new tower facilities
by encouraging and requiring co-location wherever possible;
(d)
Limit the height of telecommunications tower
facilities; and encourage maximum setbacks from roads, property boundaries
and existing structures;
(e)
Encourage the siting of new wireless communications
facilities on properties owned by the Town or its instrumentalities;
(f)
Encourage location of towers and antennas in
industrial zoned and other areas where visual and other impacts on
the community are minimized;
(g)
Discourage location of towers and antennas in
areas zoned and used for residential purposes to the extent that they
significantly diminish the character or value of real property in
the residential area.
(h)
Provide for the design and siting of wireless
communications facilities so as to minimize their visual impact on
neighboring properties and on the character of the Town.
(i)
Discourage the construction of towers that would
require airspace obstruction marking and/or lighting.
(j)
Encourage small facility options that will reduce
unnecessary tower structures, but will integrate well into the context
and character of the community.
(3)
In addition to the aforementioned, this chapter also
intends to minimize the number of tower structures by encouraging
large towers at strategically spaced intervals that provide optimal
coverage for the maximum number of service providers with the least
impact on the community. This section limits the quantity of large
towers by requiring a two-mile separation between towers and by requiring
performance criteria that minimize the impact on the community.
C.
Applicability.
(1)
New towers and facilities. The requirements set forth
in this section shall govern the location of all new telecommunications
facilities and related equipment, including television and radio transmission
towers. Except as provided herein, the general height limitations
of this chapter otherwise applicable to buildings and structures shall
not apply to towers and antennas.
(2)
Amateur radio antennas. This section shall not govern
any tower, or the installation of any antenna, that is under 70 feet
in height and is owned and operated by a federally licensed amateur
radio station operator or is used exclusively for receive-only antennas.
(3)
Preexisting towers and antennas. Any tower or antenna
for which a building permit has been properly issued prior to the
effective date of this section shall not be required to meet the requirements
of this section. However, any proposed extension beyond 20 feet in
the height of an existing facility, replacement of a facility, or
installation of an additional antenna to a facility, other than a
facility on land owned or leased by the Town and serving Town communications
needs, shall be subject to the requirements of this section.
D.
General conditions. This section makes a distinction
between new or existing tower structures and placement of antenna
array on existing structures in order to reduce or eliminate the impact
of towers on the community.
(1)
Principal or accessory use. Antennas and towers may
be considered either principal or accessory uses or structures, as
appropriate. A different existing use or existing structure on the
same lot shall not preclude the installation of an antenna or tower
on such lot. For purposes of determining whether the installation
of a tower or antenna complies with district dimensional regulations,
including, but not limited to setback requirements, lot coverage requirements,
and other such requirements, the dimensions of the entire lot shall
control even though the antenna or tower may be located on leased
parcels within such lots. Towers that are constructed, and antennas
that are installed in accordance with the provisions of this section,
shall not be deemed to constitute the expansion of a legal existing
nonconforming use or structure. Towers and associated equipment that
may be located within or outside of base facilities may not take away
required parking spaces of an existing building or use.
(2)
Building codes/safety standards. To ensure the structural
integrity of towers, the owner of a tower shall ensure that it is
constructed and maintained in compliance with or exceeds the standards
contained in the applicable State Building Codes and the applicable
standards for towers that are published by the Electronics Industries
Association as amended from time to time and shall structurally accommodate
reasonable co-location. The owner of the tower shall also ensure that
the tower and related facilities comply with other applicable safety
and environmental standards, including but not limited to safety limits
for human exposure to radio frequency energy. If, upon inspection,
the Building Official concludes that a tower fails to comply with
such codes and standards, and/or that it constitutes a danger to persons
or property, then the Building Official shall notify the owner of
the tower in writing, and the owner shall have 30 days to bring such
tower into compliance. Failure of the owner to do so shall constitute
grounds for removal of the tower or antenna at the owner's expense.
In addition to other legal remedies available to the Town, the Building
Official may proceed in accordance with Chapter 27.3 of Title 23 of
the Rhode Island General Laws, entitled “State Building Codes.”
(3)
General requirements. All wireless communications
facilities shall be erected, installed, maintained, and used in compliance
with all applicable federal and state laws, rules, and regulations,
including radio frequency emission standards.
(4)
Co-location. All owners and operators of land used
in whole or in part for a wireless communications facility, and all
owners and operators of such facilities, shall, as a continuing condition
of installing, constructing, erecting, and using a wireless communications
tower facility, and subject to necessary approvals hereunder, permit
other public utilities or FCC-licensed commercial entities seeking
to operate a wireless communications tower facility to install, erect,
mount, and use compatible equipment and fixtures on the mounting structure
on reasonable commercial terms. This is provided that such co-location
does not materially interfere with the transmission and/or reception
of communications signals to or from the existing facility, and provided
that there are no structural or other physical limitations that make
it impractical to accommodate the proposed additional wireless communications
equipment or fixtures. Erection of a replacement facility to address
such concerns shall be considered, where the Zoning Board determines
appropriate. Wireless communications facilities shall be designed
to accommodate co-location to the extent technologically and physically
practical given the limitations of the site and area.
(5)
Number of towers. Only one wireless communications
tower structure per site shall be authorized by this chapter, unless
the placement of more than one tower structure on the site results
in a substantially better design that is integrated into the neighboring
uses and meets community standards. An example of this may be the
erection of two flagpole structures located in a recreational facility.
The erection of more than one lattice tower or monopole in a residential
area would not be an example of a better design.
(6)
Removal of facilities. All unused telecommunications
facilities and structures, including nonconforming or preexisting
facilities which have not been used for one year, shall be considered
abandoned and shall be dismantled and removed at the owner's expense.
The owner of such facility shall remove same within 90 days of receipt
of notice from the Building Official. Before a permit is issued, and
as a condition thereof, said owner shall post and thereafter continuously
maintain an appropriate surety bond, approved in amount and form by
the Town Solicitor and the Public Works Director every two years,
to cover the cost of removal of all facilities and restoration of
the site. If such antenna or tower is not removed within 90 days,
the Town may take the necessary action to remove the facility at the
owner's expense. The owners of the property and the facility shall
be jointly and individually responsible for removal of said facilities,
restoration of the site and for all associated costs, expended or
incurred in the course of removal and restoration.
(7)
Carrier utilization. Included in an application for
a telecommunications tower or antenna, an applicant must demonstrate
that it has a commitment from one or more licensed wireless services
providers to occupy the facility for the purposes of transmitting
and/or receiving wireless communications. Wireless communications
towers shall be designed to accommodate the maximum number of co-locators
reasonably practicable, taking into account the size and appearance
of the structure in the context of its location. Tower locations identified
as large facilities must meet this requirement, where small infill
tower facilities may to a lesser extent. Owners of telecommunications
towers shall make space available to wireless communications services,
including, when appropriate, repositioning tenants on the tower, and
reinforcing or replacing the tower. The cost of making space available
shall be the responsibility of the applicant and may be shared by
the tower owner, if agreeable.
(8)
Town requirements. At the time of application for
any tower, space shall be made available on telecommunications towers
for Town police, fire, rescue, and public works communications needs
related to public safety, health and welfare, at no cost to the Town.
The telecommunications tower owner and wireless service carriers shall
assist the Town, when deemed necessary, in the enhancement of existing
police and fire communications systems by providing for the acquisition
and installation of related equipment.
E.
Permitted uses.
(2)
Specific permitted uses.
(a)
Telecommunications facilities including the
placement of towers and additional buildings or other supporting equipment
used in connection with said facility, in an industrial zoning district;
provided, however, that the height of the proposed facility is less
than 125 feet.
(b)
Antennas and additional accessory structures
or equipment used in connection with said antennas on land occupied
by existing electric utility transmission towers, provided the height
of such facility is less than 125 feet.
(c)
Installing an antenna on any existing tower
of any height, as long as the addition of said antenna adds no more
than 20 feet in height to said existing tower as originally constructed,
provided the total height does not exceed 200 feet.
F.
Special use permits.
(1)
General. All wireless communications facilities not covered by Subsection E, Permitted uses, above, shall require a special use permit. In granting a special use permit, the Zoning Board of Review may impose conditions, to the extent the Board concludes such conditions are necessary, to minimize any adverse effect of the proposed tower on adjoining properties and to carry out the intent of these regulations.
(2)
Factors considered in granting special use permits. Consistent with the purposes of this chapter, the Zoning Board shall consider the following factors in determining whether to issue a special use permit, although the Board may waive or reduce the burden on the applicant of one or more of these criteria if it finds that the goals and purposes of this section are better served thereby. These factors are in addition to findings required for special use permits as provided in § 350-8F of this chapter:
(a)
Generally, that the stated purposes and goals
of this section are achieved to the maximum extent possible, and the
adverse impacts as may be identified are similarly minimized.
(b)
Height of the proposed tower or antenna and
setbacks in relation to lot boundaries, existing structures, public
streets and residences;
(c)
Nature of uses on the subject parcel and on
the adjacent nearby properties;
(d)
The opportunity for natural screening of telecommunications
facilities through a combination of tower height due to site elevation,
lot depth, natural vegetation, or topography;
(e)
Design of the tower, with particular references
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness, including appearance and color;
(f)
Proposed ingress and egress;
(g)
Availability of suitable existing towers for
co-location and for location on other structures within the search
area;
(h)
Proximity of and impact upon historic districts
or registered historic properties;
(i)
Availability and feasibility of alternative
antenna and/or tower facility sites and configurations that would
result in a substantially better design that is in keeping with the
community character.
(3)
Application requirements.
(a)
Submission requirements. The following application
and submission requirements are in addition to the general requirements
for special use permit applications as provided in this chapter:
[1]
A narrative report that shall describe the following
relating to the request for the telecommunications tower, antenna
and/or related facility installation:
[a]
The technical, economic and/or
other reasons that demonstrate the need for the telecommunications
tower, antennas and related facilities design and describes the desired
objective which the proposed facility will achieve;
[b]
The equipment load and carrying
capacity for type of antennas, and/or receivers/transmitters which
are intended to or may be mounted on the telecommunications tower;
[c]
The basis for the calculation of
equipment load and carrying capacity;
[d]
Evidence that the proposed telecommunications
tower and/or facility is as visually unobtrusive as possible given
technical, engineering and other pertinent considerations;
[e]
Evidence that the tower height
proposed is the minimum height necessary to accommodate the antennas;
and that the tower setbacks proposed are the maximum distance possible
from adjacent properties, existing structures, and public and private
roads that can be accommodated by the site design, notwithstanding
the minimum standards required by this section; and
[f]
Evidence of consideration of alternate
sites and co-location on existing towers on which the requirements
of the applicant could be met, and if not, the reasons why each co-location
site is not adequate for the needs or requirements of the applicant.
Consideration will be given to the use of one or a combination of
more than one alternative site to achieve the applicant's stated objectives
in a manner that results in a substantially better design in keeping
with the community character.
[2]
A certification of structural integrity from
a Rhode Island registered professional engineer, with expertise in
the design of telecommunications towers, attested to by an affidavit
submitted by said engineer, that the telecommunications tower is designed
to withstand all load requirements for structures as set forth in
the Rhode Island Building Code (R.I.G.L. § 23-27.3-100.0
et seq.).
[3]
Where the applicant is not the owner of the
site, the property owner must be a participant in the application.
The applicant shall furnish a copy of the lease or agreement for the
use of the site and the written approval of the property owners of
a bona fide purchase/sale contract for the property on which the site
is located.
[4]
A map depicting all existing and proposed wireless
facilities and towers within six miles of the proposed site; a map
accurately depicting the coverage achieved by the facilities proposed
for the site, the coverage existing or proposed from relevant adjacent
sites, and the combination of existing and proposed. Sufficient technical
documentation shall be supplied which would permit an individual with
expertise in the field to evaluate the basis for the conclusions the
applicant makes about the need for the facility as proposed.
[5]
Failure by the applicant to present evidence
of a good faith effort to utilize existing facilities or research
alternative sites within the search area may be grounds for denial
of the application. The following information shall be submitted as
evidence of an inability to make use of alternative sites or facilities:
[a]
A map showing the location of all
potential alternative sites that may result in a substantially better
design in keeping with the community character, including potential
sites for new towers and existing structures with potential for use
as an antenna platform, such as, but not limited to, existing communications
towers, structures, electric transmission towers, radio and fire towers,
and municipally owned land;
[b]
Specific information about location,
height and design capacity of each site; and
[c]
Proof that owners of potential
sites within the search area have been contacted, that permission
was sought to install a device on structures, and that permission
was denied, or that such locations do not satisfy requirements to
provide the service needed.
[6]
A site plan prepared by a Rhode Island Registered
Land Surveyor or professional engineer at a suitable scale to delineate
the following:
[a]
Site boundaries, dimensions, zoning
setback lines, and wetlands as defined by the Rhode Island Department
of Environmental Management or its successor, within 100 feet of any
proposed structure, accessway or any other proposed site alteration.
[b]
Topography at five-foot contour
or other suitable interval.
[c]
Tower or pole location, if any,
and tower height.
[d]
Size and location of accessory
buildings, equipment or structures, parking and access.
[e]
Fencing, landscaping, and lighting,
if any.
[f]
Locus Map.
[g]
Areas to be cleared of vegetation
and trees, and erosion and sediment control measures, if applicable.
[h]
Abutters within 200 feet.
[i]
A map showing the applicant's entire
property and all abutting properties and streets, at a convenient
scale, including the approximate location and dimensions of the applicant's
property and all existing and proposed structures, utility lines,
wells, septic systems and major natural features.
[j]
A map or illustration of suitable
scale indicating view lines from nearby properties and streets within
one-half mile of the proposed tower.
[k]
Evidence showing that aircraft
marking or lighting will not be required for the facility, or if required,
evidence showing that there are no viable alternative sites or designs
that would eliminate the need to mark or light the structure.
(b)
Application procedures.
[1]
A preapplication review by the Zoning Official
and/or Town Planner is required before submittal of an application.
This conference will serve to familiarize the applicant with the Town's
regulations and procedures, and to assure that all required documents
and information are complete prior to public notice and referral to
the Planning Board, as required for a special use permit.
G.
Design and development standards.
(1)
Setbacks, height and separation.
(a)
A wireless communications tower facility shall
be set back from any adjacent property line or street at a maximum
feasible distance, considering the size and physical constraints of
the site, visibility to nearby sites and other visually sensitive
locations, and the proportions and context of the site, in order to
provide opportunity to minimize the adverse visual effects of telecommunications
facilities. At the minimum, any such facility shall be set back from
any property line a distance equal to 1 1/2 times the height
of the facility and set back from any residential structure on a separate
parcel a distance equal to 1 1/2 times the height of the facility
or 250 feet, whichever is greater. Such facility shall be set back
a distance of at least 400 feet from any public or private street
or public right-of-way, and large uncamouflaged facilities must be
at least 1,000 feet from a school facility.
[1]
The Zoning Board of Review (ZBR) may waive these
limitations up to a factor of 50% if the facility is camouflaged or
in keeping with the surrounding uses, such that it is demonstrated
to the satisfaction of the ZBR that a substantially better design
in keeping with the community character results. A specific example
would be a small tower facility such as a flagpole, church steeple,
barn or grain silo or a large tower facility that is sited on a particular
lot that is suitable for a tower facility, but may have such physical
constraints or attributes that make a waiver necessary. Towers and
antenna mounts that are less than 80 feet in height above ground and
that are suitably disguised to the satisfaction of the ZBR are required
only to meet the setbacks for the district in which they are installed.
[2]
When a telecommunications facility is determined
by the Zoning Board to be appropriately sited within an industrial
or B-2 zoned lot, which cannot meet the foregoing setbacks, and which
is within a larger industrially or B-2 zoned area, the Zoning Board
may decrease the setbacks from lot lines and structures within said
lot, if the placement of the facility in said lot is not otherwise
feasible, and the purposes of this section are otherwise met. However,
the Zoning Board may not reduce the setbacks below the minimum setbacks
otherwise provided for an Industrial or B-2 zoned lot under this chapter.
Telecommunications facilities placed within an Industrial or B-2 zoned
lot shall observe the setbacks set forth in the preceding subsection
from property zoned A-4, A-3, R-2, residential structures, and public
or private streets or public rights-of-way.
(b)
Towers shall not be located within an historic
district as designated by this chapter, unless disguised in a manner
that meets the requirements as recommended by both the Historic District
Commission and the Planning Board.
(c)
Excluding towers in the Industrial Zoning District
or in locations where more than one tower has been proposed on a single
site, towers greater than 125 feet in height (large tower facilities)
shall not be located within two miles from each other.
(d)
With the exception of the larger tower facility
(high-intensity), the Town encourages smaller facilities that blend
into the existing environment through the use of disguise and camouflage.
In order to minimize the number of tower facilities, normally, small
tower facilities shall be considered to provide service coverage,
as deemed necessary by the ZBR only after the installation of large
tower facilities. These small tower facilities are not to be construed
as an alternative to the large tower facilities, in that it is the
design of this section to allow small tower facilities in places where
a gap in coverage exists between two large tower facilities.
(2)
Landscaping and screening. The applicant must demonstrate
that the tower or antennas are located within a given site so as to
minimize the visual impact from nearby properties and roadways. Existing
on-site vegetation shall be preserved to the maximum extent practicable
and may be used as a substitute for the landscaped screening requirement.
Appropriate screening shall be installed at tower sites to limit views
from adjacent properties and streets. Plantings shall be of such a
height and density to ensure screening. Screening shall consist of
plant and/or tree material appropriate to the habitat. Screening may
be waived on those sides or sections that are adjacent to undeveloped
lands. The owner of the property shall be responsible for ongoing
maintenance and shall replace any dead plantings within 30 days.
(3)
Site requirements.
(a)
Traffic associated with the tower and accessory
facilities shall not adversely affect abutting ways and access shall
be provided to a site which respects the natural terrain, does not
appear as a scar on the landscape, and is approved by the Director
of Public Works and by the District Fire Chief to assure emergency
access at all times. Consideration shall be given to design that minimizes
erosion, construction on unstable soils, and steep slopes.
(b)
Communications towers shall be enclosed by a
fence at least 10 feet in height from finished grade and at least
six feet from the base of the structure. Access shall be through a
locked gate.
(c)
Communications towers shall not be artificially
lighted except as may be required for public safety purposes, by the
Federal Aviation Administration (FAA), or by the Town of Glocester.
(e)
All supports and anchors shall have a minimum
ten-foot horizontal setback from any overhead utility lines.
(f)
The tower shall be designed to accommodate the
maximum number of uses technologically practical.
(4)
Site selection consideration. When considering a site
for a telecommunications facility, the following steps may assist
evaluating the site's suitability:
(a)
Evaluate coverage by reviewing existing telecommunications
coverage to determine gaps in coverage, overlay proposed coverage
from the considered tower/facility to establish how the proposed may
improve service in that area.
(b)
Consider alternatives that would provide the
necessary service using less intrusive means.
(c)
Evaluate the context of the site under consideration,
underlying zoning, uses of property, neighboring uses, activities,
maximization of co-location on the proposed facility and compatibility
of the proposed tower/facility with neighboring uses.
(d)
Consider visibility of the proposed tower/facility
in community.
(e)
Evaluate methods of camouflaging the structure
to fit in with area.
[Added 9-16-2004, effective 11-2-2004]
A.
Purpose. The purpose of this section is to establish
a project review and approval procedure for any proposed development
which may impact land use and the environment. Certain development
projects as specified below may be required to submit additional plans
and information to allow the review of a project in greater detail
than currently required pursuant to this chapter. Project approvals
may be conditioned based upon the reviewing body's assessment of the
information submitted under development plan review. It is not the
intent of this section to alter basic development standards as set
forth elsewhere in this chapter.
B.
Requirement for development plan review (applicability).
The following activities shall be subject to development plan review
under this section:
(1)
Construction of any residential project that exceeds
six dwelling units and does not require subdivision approval;
(2)
Construction or expansion of any commercial or industrial
project/development;
(3)
Change in use;
(4)
Construction or expansion of any recreational development
in excess of one acre in size;
(5)
Applications for uses requiring a special use permit,
variance (use and dimensional), Zoning Ordinance amendment, or Zoning
Map change.
C.
Reviewing body. Development plan review is conducted
by the Planning Board, or by the Technical Review Committee (TRC).
The TRC is made up of the Town Planner, Building/Zoning Official and
the Public Works Director. The administrative officer for this section
is the Town Planner.
D.
Review classification.
(1)
By-right uses. Uses permitted by right that require
development plan approval shall be reviewed by the TRC. The TRC shall
have the authority to waive the requirements of this section where
it conducts a development plan review for uses permitted by right.
The TRC may consult the Planning Board or any other local board or
agency in conducting its review.
(2)
Variance, special use permit, zoning amendment. All
projects requiring a variance, special use permit, Zoning Ordinance
amendment, or zone change shall be reviewed by the Planning Board
as advisor to the permitting authority in accordance with the process
set forth in this section. The Planning Board may request comments
on the application from the local boards and agencies receiving the
application pursuant to this section. Such boards and agencies may
review the application and provide comments and recommendations to
the Planning Board within 35 days of the request. A failure to respond
to the Planning Board's request shall signify a lack of opposition
to the application. See Subsection K for additional requirements regarding
commercial development.
E.
Review process.
(1)
Preapplication. A preapplication conference (informal
review) with the administrative officer is required prior to submission
of a formal application. The intention of this meeting is to: acquaint
the applicant with the Comprehensive Plan, this chapter and other
ordinances that affect the proposed development; suggest any improvements
to the proposed design on the basis of a review of the sketch plan;
advise the applicant to consult appropriate authorities on the character
and placement of public utility services; and help the applicant understand
the steps to be taken to receive approval. Discussions are not to
be considered approval or commitment of approval of the project or
its elements. There may be more than one preapplication meeting based
upon the outcome the initial meeting. If no further meetings are required,
the applicant may submit an application and materials for approval
of the development plan.
(a)
Sketch plan submission requirements:
[1]
A sketch plan shall be drawn to an approximate
scale showing locations and dimensions of structures, parking areas,
ingress and egress, signs, existing and proposed vegetation, anticipated
changes to topography, proposed water and sewer facilities, storm
drainage, public amenities and other site features.
[2]
The administrative officer may waive requirements
of the sketch plan submission where, due to the character, size, location
or special circumstances of the proposal, the sketch plan submission
itself is not required in order for the Town to properly perform an
evaluation of the proposal.
(2)
Formal application submission requirements.
(a)
The current owner of record or applicant shall
submit the following number of copies of the development plan review
application and materials (15 copies in total will be required): 10
copies for the Planning Board and one copy each for the Conservation
Commission, Department of Public Works, Building Official, Police
Department, and the Fire District Chief.
[Amended 10-21-2010, effective 10-21-2010]
(b)
All development plans shall contain, at a minimum,
the following information:
[1]
Locus map showing the location of the proposed
development;
[2]
Location, boundaries, and dimensions of each
lot being considered for development;
[3]
Property lines, showing directional bearings
and distances, location with reference to identifiable street intersections,
land uses, North arrow, scale, plat and lot number(s) of the parcel(s)
involved, and zoning district(s) in which the parcel(s) is/are located;
[4]
Identification of the names of all abutting
property owners with plat and lot;
[5]
Dimensions of property line setbacks to, and
dimensions between, each building, structure, or use;
[6]
Location and description of all existing structures
and buildings, including those to be demolished, and proposed new
structures and buildings showing exterior and finish floor elevation(s);
[7]
Location of all existing surface features, including,
but not limited to: stone walls, fences, curbing, and impervious surfaces;
[8]
Location of all proposed and existing, as well
as adjacent, public and private ways;
[9]
Location of all easements on, over, and adjacent
to the site and the location of all existing and proposed underground
and surface utility lines and fire hydrants;
[10]
Existing and proposed topography at two-foot
contours;
[11]
Location and description of all natural features,
including but not limited to wetlands and applicable buffer zones,
rivers, streams, lakes, ponds, areas subject to flooding, existing
vegetation and proposed removal of vegetation;
[12]
Description of watershed boundaries, aquifer
locations (as defined by RIDEM), wellhead protection areas for community
and noncommunity water systems, wastewater overlay districts and one-hundred-year
frequency floodplain as defined by the Federal Emergency Management
Agency Flood Insurance Rate Maps;
[13]
Location and description of proposed open space
and recreation areas;
[14]
Location and description of cultural features
such as old trails, agricultural fields, cemeteries and historic buildings
and sites;
[15]
Location and description of parking and loading areas, driveways, walkways, points of access and egress, traffic safety devices, and general circulation patterns (See Article VI of this chapter);
[16]
Location and description of the proposed wastewater
disposal systems, water supplies, stormwater drainage systems, temporary
or permanent erosion control structures, utilities, and any solid
and hazardous waste disposal systems;
(c)
A narrative report shall accompany the development
plan application describing the scope and intent of the development
and also an environmental report as defined in this chapter.
(d)
At the administrative officer's discretion,
inclusion of information irrelevant to a particular application may
be waived.
F.
Objectives/Criteria for evaluation. In its evaluation
of a development plan application and in rendering its decision, the
Planning Board and/or Technical Review Committee shall apply the criteria
listed below and shall ensure that other local boards and agencies
apply the same criteria in their comments and recommendations. Any
decision that is made shall be made so as to be consistent with a
reasonable use of the site for the purposes permitted or permissible
by the regulations of the district in which it is located. The Planning
Board may request that the proposed project be modified to conform
with these criteria:
(1)
If the proposal requires a special use permit, it must conform to the special use permit requirements as listed in Article I of this chapter;
(2)
The development shall be integrated into the existing
terrain and surrounding landscape, and shall be designed to protect
abutting properties and community amenities. Building sites shall,
to the extent feasible:
(a)
Minimize the use of wetlands, steep slopes,
floodplains, and hilltops;
(b)
Minimize the obstruction of scenic view from
publicly accessible locations;
(c)
Preserve any unique natural or historical features;
(d)
Minimize tree, vegetation and soil removal,
grade changes and subsequent erosion;
(e)
Maximize open space retention;
(f)
Landscape and screen objectionable features
from neighboring properties and roadways pursuant to this chapter;
and
(g)
Prevent depletion, degradation, or pollution
of public drinking water supplies and of surface or groundwater by
employing best management practices for erosion control, stormwater
management, wastewater disposal and landscaping.
(3)
Architectural style shall be in keeping with the prevailing
character and scale of buildings in the neighborhood and the Town
through use of appropriate building materials, screening, breaks in
roof and wall lines and other architectural techniques. Variation
in detail, form and siting shall be used to provide visual interest
and to avoid monotony. Proposed buildings shall relate harmoniously
to each other with adequate light, air, circulation, and separation
between buildings.
(4)
The development shall be served with adequate water
supply and waste disposal systems. The applicant shall submit a individual
septic disposal system (ISDS) design prepared by an RIDEM-licensed
ISDS designer, as applicable.
(5)
The development plan shall maximize the convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent ways (see Article VI and § 350-48 of this chapter). The plan shall include estimates of average daily and peak-hour vehicle trips to be generated by the site and traffic flow patterns for vehicles and pedestrians showing adequate access to and from the site and adequate circulation within the site.
(6)
The development plan shall show adequate measures to prevent pollution of surface or groundwater, and to minimize erosion and sedimentation in conformance with Chapter 177, Erosion and Sediment Control, and to prevent changes in groundwater levels, increased runoff and potential for flooding. Drainage shall be designed so that runoff shall not be increased to neighboring properties, groundwater recharge shall be maximized, and neighboring properties shall not be adversely affected.
(7)
The development shall not place excessive demands
on Town services and infrastructure.
(8)
Electric, telephone, cable TV, and other such utilities
shall be underground where physically and environmentally feasible.
G.
Decision.
(1)
Action by the TRC shall consist of either:
(a)
A decision or an advisory recommendation to
the Planning Board that the proposed project will constitute a suitable
development and is in compliance with the criteria set forth in this
chapter;
(b)
A decision or an advisory recommendation to
the Planning Board that the proposed project should be approved subject
to any conditions, modifications, and restrictions as it may deem
necessary; or
(c)
A decision or advisory recommendation to the
Planning Board that the proposed project be disapproved.
(2)
Action by the Planning Board shall consist of either:
(a)
A decision or an advisory recommendation to
the permitting authority that the proposed project will constitute
a suitable development and is in compliance with the criteria set
forth in this section;
(b)
A decision or an advisory recommendation to
the permitting authority that the proposed project should be approved
subject to any conditions, modifications, and restrictions as it may
deem necessary; or
(c)
A decision or advisory recommendation to the
permitting authority that the proposed project be disapproved.
H.
Bond. The Planning Board or permitting authority may
require the posting of a bond to assure compliance with the plan and
conditions and may suspend any permit or license when work is not
performed as required.
I.
Term of development plan approval. Any development
plan approval issued under this section shall lapse within six months
if a substantial use thereof has not commenced sooner except for good
cause as determined by the Planning Board or permitting authority.
J.
Additional standards for commercial development.
(1)
Purpose. This subsection is intended to encourage,
guide and direct commercial development, as well as reuse and conversion
of existing structures in order to ensure that the desirable characteristics
of the area are maintained, that new development is compatible with
the existing scale and building fabric, that the historic integrity
is preserved, and that architectural quality is maintained. These
guidelines will serve to assist the applicant by providing development
criteria consistent with the Glocester Comprehensive Community Plan.
(2)
Applicability.
(a)
In addition to the review requirements stated
above, the following types of development shall adhere to the guidelines
and regulations of this section:
(b)
The following incidental improvements shall
be reviewed administratively by the administrative officer, who may
refer the matter to the Planning Board for further review:
(3)
Commercial development objectives/criteria.
(a)
Due to the potential impact on the character
of the Town, additional consideration is to be given to commercial
development and will be evaluated according to the following criteria:
[1]
It will not detract from the character of the
village or area;
[2]
It will not adversely impact adjacent property;
[3]
The proposed development or reuse of structure
will be in conformance with the purpose and intent of this section
and the applicable articles of the Comprehensive Community Plan.
(b)
If the Planning Board finds the project to be
unusually large, or if it is likely to become a landmark, or if it
is in a visually prominent area, or if it is located so as to become
part of a gateway, the design must acknowledge the special impact
the project would have on the entire community by addressing the design
solution in an exemplary manner.
(4)
Commercial development guidelines. The intent of this
section is not to restrict development to a predetermined style. However,
for approval, new developments must meet the range of criteria within
this section and demonstrate how building design maintains or enhances
the village or character of the area in which it is to be located.
(a)
Architecture.
[1]
The height and scale of a new building or structure
and any addition to an existing building shall be compatible and harmonious
with its site and existing surrounding buildings.
[2]
New building development, adaptation, rehabilitation,
reuse, and building conversion must avoid:
[a]
The look of franchise architecture,
or "big box" design with excessive bulk and lack of detail;
[b]
Buildings which demand visual attention
through the use of bold colors and materials which are not found to
be consistent with maintaining the village or rural character;
[c]
Commercial or industrial structures
consisting of large metal buildings which lack design details or otherwise
do not complement the traditional village or rural character;
[3]
Storefronts. Existing structures which have
been designed for retail use on the first floor shall retain this
design to the greatest extent possible.
[4]
Architecture shall be compatible with the character
and scale of buildings in the specific neighborhood in which the development
proposal is located, through the use of appropriate buildings, screenings,
breaks in the roof and wall lines and other architectural techniques
as demonstrated by existing village and rural architecture in the
area.
[5]
Building materials used for principal structures
shall be in character with surrounding buildings.
[6]
Concrete block, steel or metal is less desirable
than wood, brick and stone and shall be discouraged as the principal
exterior surface. It shall not be used as the principal exterior surface
on the front of the building surface except for architectural treatments.
Principal exterior surface shall mean 50% or more of the exterior
wall surface.
(b)
Landscaping.
[1]
Distinguishing original features of a site,
such as trees greater than six inches in diameter, existing plantings,
stone walls, historical structures or markers and topography, shall
be preserved where possible. Plantings on the street facing the side
of buildings, window boxes and approved planters are encouraged. Benches
or other seating arrangements and walkways within a redevelopment
or new development are encouraged and should be provided where appropriate.
[2]
Roadside trees help define the rural and village
character of Glocester's villages. Their removal must be absolutely
minimized and supported by clear justification during the development
plan review process. The administrative officer, TRC or Planning Board
may request a review of the existing plantings by the Town Tree Warden.
[3]
The installation of other streetscape improvements,
including, but not limited to, benches, bollards, and trash receptacles,
is encouraged and will be reviewed for applicability by the administrative
officer.
(c)
Parking.
[1]
Parking lots shall be designed to accommodate
average usage rather than peak day usage if the parking requirements
set forth in this chapter are not reflective of the actual parking
needed.
[2]
Parking will be encouraged along the side or
rear of a building unless such location would have an adverse or detrimental
impact on environmental or visual features of the site, or is completely
infeasible.
[3]
Parking with three or more spaces will require
a landscaping plan to visually reduce the adverse impacts due to the
creation of the designated parking area.
[4]
When side or rear yard parking is infeasible,
front yard parking, between the building and the public road, will
require an effective landscape setback. This setback shall be outlined
on a plan which clearly identifies the location, type and maintenance
requirements of all plant material.
[6]
One driveway per street frontage shall be permitted
by right. A second curb cut shall be approved by the Planning Board
or any other jurisdictional agency as part of the plan approval.
[7]
Curb cuts shall be limited to the minimum width
for safe entrancing and exiting and shall not exceed 24 feet in width,
except in special circumstances relating to traffic safety and approved
by the Public Works Director.
(d)
Storage areas and ancillary amenities.
[1]
Open storage areas, exposed machinery, refuse
and waste removal areas, service yards and exterior work areas and
parking lots shall be screened from roads and adjacent residential
areas through fencing and landscaping and shall be made part of the
landscape review.
[2]
Commercial vehicles shall be screened from public
view to the greatest extent possible.
(e)
Service connections. It is highly desirable
to place underground all new utility services and service revisions
necessitated by exterior alterations and new developments.
(f)
Lighting. The intent of the exterior lighting
design standards for the commercial zones is to provide the necessary
lighting for the property while minimizing the intrusiveness to adjacent
properties or the street right-of-way.
[1]
No lighting standard shall be taller than 15
feet.
[2]
Any newly installed or replaced outdoor lighting
fixture shall be shielded so that it does not direct light beyond
property boundaries.
[3]
Light illumination shall be of low intensity
with a maximum wattage of 200 watts.
[4]
Lighting fixtures must be compatible with the
architectural design of the new or rehabilitated structure and the
surrounding lighting fixtures.
[5]
All exterior lighting shall be designed to minimize
impact on neighboring properties. Night sky light pollution shall
be minimized by down-shaded lighting or shielded lighting, All lighting
shall be based upon a pedestrian scale appropriate for a setting.
(g)
Fences and walls.
[1]
Chain-link fencing shall not be permitted between
the street right-of-way and the front facade of any structure.
[2]
All proposed fencing for screening or ornamental
purposes shall be approved by the TRC.
[3]
Existing stone walls shall be repaired rather
than replaced. Stone walls shall not be replaced with poured concrete
or concrete block walls.
[4]
Freestanding stone walls (dry laid) shall be
repaired and retained or reconstructed in kind as close to their original
location as possible.
(5)
Notice to abutters. Notice shall be sent out to all
residential abutters for Planning Board review of a commercial property.
[Added 11-15-2007, effective 12-20-2007[1]]
A.
Land unsuitable for development means land which has
environmental constraints or physical constraints to development.
The following regulations shall apply to proposed future residential
lots in a conventional subdivision; a conservation development; and
a residential compound.
B.
Description.
(1)
Land unsuitable for development includes the following
areas:
(a)
Land under water bodies or surface water area,
as defined by the Rhode Island Department of Environmental Management.
(b)
Fresh water wetlands, including that area of
perimeter wetland within 50 feet of the edge of any bog, marsh, swamp
or pond; or any applicable one-hundred-foot or two-hundred-foot riverbank
wetlands, as defined by § 2-1-20 of the General Laws (1987),
as amended.
(c)
Existing or proposed streets or rights-of-way,
public or private.
(d)
Land within any publicly or privately held easement
in which above- or below-ground utilities are existing or proposed,
including but not limited to electric transmission lines less than
69 kilovolts, gas transmission facilities, drainage easements, or
easements for access, public access, or scenic areas.
(e)
Historic cemeteries as registered with the Rhode
Island Advisory Commission on Historic Cemeteries or as shown on a
map of historical cemeteries maintained in the Glocester Town Hall.
Native American cemeteries, if identified and located on a proposed
subdivision/development site shall also be considered to be land unsuitable
for development.
(f)
Areas of steep slope in excess of 20%.
(g)
Lands located within special flood hazard areas
as defined by the Federal Emergency Management Agency Flood Insurance
Rate Maps for the Town of Glocester except where the Planning Board
determines that an engineering design for the proposed development
will overcome or mitigate the constraint without adverse environmental
impact.
C.
Lots in a conventional subdivision. Lots in any conventional
subdivision, in any residential zoning district, shall contain a contiguous
area of land suitable for development of not less than 1.5 acres (65,340
square feet) of land suitable for development. This provision shall
not apply to any nonresidential development.
D.
Lots in a conservation development. When calculating the maximum number of dwelling units permitted in a conservation development, lots intended for residential use shown on a conventional yield plan as required by the Subdivision and Land Development Regulations shall contain at least the minimum lot area of land suitable for development required by Subsection C above.
E.
Lots in a rural residential compound. The number of dwelling units and the minimum dimensions for lots within a rural residential compound shall be as provided in Article X of this chapter.
F.
Notwithstanding the above, in a B-1 or B-2 Zoning
District, land suitable for development as defined in this chapter
shall constitute the entire minimum lot size of 0.5 acre.
[Added 3-16-2017, effective 3-16-2017; amended 7-20-2023, effective 7-20-2023]
A.
Retail sales.
(1)
ADULT USE CANNABIS or RECREATIONAL CANNABIS
CANNABIS CONTROL COMMISSION or COMMISSION
CANNABIS PRODUCTS or MARIJUANA PRODUCTS
CANNABIS RETAILER
CONSUMER
Definitions. The definitions of all terms used herein shall
be as stated in R.I.G.L. § 21-28.11-3, including, but not
limited to, the following:
Cannabis which may be legally possessed and consumed for
nonmedical purposes by a person who is at least 21 years of age.
The Rhode Island Cannabis Control Commission established
by R.I.G.L § 21-28.11-4.
Products that have been manufactured and contain cannabis
or an extract from cannabis, including concentrated forms of cannabis
and products composed of cannabis and other ingredients that are intended
for use or consumption, including edible products, beverages, topical
products, ointments, oils, and tinctures.
An entity licensed pursuant to R.I.G.L. § 21-28.11-10.2
to purchase and deliver cannabis and cannabis products from cannabis
establishments and to deliver, sell or otherwise transfer cannabis
and cannabis products to cannabis establishments and to consumers.
A person who is at least 21 years of age, and who is authorized
by law to consume or use cannabis.
(2)
Permitted zones. Cannabis retailer sales, as established under
"The Rhode Island Cannabis Act,"[1] shall be allowed with the issuance of a special use permit (SUP) by the Zoning Board of Review (ZBR) in accordance with § 350-8F, within the following zoning districts (as outlined in Ch. 350, Attachment 1, Table of Use Regulations, Section 8, Retail Business):
[1]
Editor's Note: See R.I.G.L. § 21-28.11-1 et
seq.
(3)
Conditions for consideration.
(a)
Minimum qualifications. To qualify for consideration of a special
use permit by the Zoning Board for cannabis retail sales, an applicant
shall satisfy all qualifications established by the Cannabis Control
Commission and the following conditions:
[1]
Receipt of a license issued by the Cannabis Control
Commission.
[2]
Evidence that the applicant has site control and
the right to use the site for cannabis sales in the form of a valid
purchase and sales agreement, a valid lease agreement, a notarized
statement from the property owner, or other alternate written authorization.
[3]
Provide a security plan that details any anticipated
burden on Town public safety personal/services from the use of the
facility. Said plan shall include all security measures for the site,
transportation of cannabis and cannabis products to and from the premises
to ensure the safety of the employees and public, and to protect the
facility from theft or other criminal activity and be approved by
the Glocester Police Department.
[4]
Provide an odor and/or odorous emissions control
plan that details how the proposed location will prevent or control
the occurrence and/or release of odorous emissions. Said plan shall
include any proposed emissions controls, including, but not limited
to, filtering techniques, biofilters, chemical filtration and/or other
similar technique.
(b)
Site conditions.
[1]
Location. Uses granted under this article shall
not be located within:
[a]
Five hundred feet of a preexisting public or private
school providing education in kindergarten or any grades one through
12 and any preschool registered with the Rhode Island Department of
Education.
[b]
No cannabis retailer shall be located within 2,000
feet from any other cannabis retailer even if in an adjoining community.
[c]
The distances specified above shall be measured
by a straight line from the nearest property line of the premises
on which the proposed cannabis retailer is to be located to the nearest
boundary line of the residential zoning district or the nearest property
line of any of the other designated uses set forth above.
(4)
Conditions of operations. In addition to the rules promulgated
by the Cannabis Control Commission the following operational conditions
shall apply:
(a)
Hours of operation. The proposed cannabis retailer hours of
operation shall be limited to the hours of 8:00 a.m. to 8:00 p.m.
weekdays and Saturdays and 12:00 p.m. to 6:00 p.m. Sundays. Actual
hours of operation to be determined by the Zoning Board.
(b)
Lighting. Lighting shall adequately illuminate the cannabis
retailer, its immediate surrounding area, parking lots, the front
facade and any adjoining sidewalks and shall be hooded or oriented
to deflect light away from adjacent properties.
(c)
Security. The proposed cannabis retailer shall implement the
appropriate security measures to deter and prevent the unauthorized
entrance into areas containing cannabis and shall ensure that each
location has an operational security alarm system.
(d)
Parking. The proposed cannabis retailer shall comply with the off-street parking requirements and regulations in § 350-35 of this Zoning code.
(e)
Signage. The proposed cannabis retail location shall present
signage in a size and in a form that is reasonably legible from the
retail access point, which clearly prohibits any person who is under
21 years of age to be present inside the cannabis retail establishment
in compliance with R.I.G.L. § 21-28.11-27.1.
(f)
Site plan. No use permitted under this section shall be established
prior to submission and approval by the Zoning Board of a site plan,
a building plan, and, if required, a boundary line survey by a licensed
professional land survey or (PLS). The site plan shall depict all
existing and proposed buildings, parking spaces, driveways, service
areas and other open uses. The site plan shall show the distances
between the proposed use and the boundary of the nearest residential
zoning district and the property line of all other abutting uses.
(5)
Findings. In addition to the findings required in § 350-8F. the Zoning Board must also find the following:
(a)
That the requested use at the proposed location will not adversely
affect the property values and/or economic welfare of the nearby community/businesses.
(b)
That the requested use at the proposed location is sufficiently
buffered in relation to any residential area in the immediate vicinity
so as not to adversely affect said area.
(c)
That the exterior appearance of the structure will be consistent
with the exterior appearance of structures already constructed or
under construction within the immediate neighborhood to prevent blight
or deterioration or substantial diminishment or impairment of property
values within the neighborhood.
(6)
Licensing. All uses permitted under this section shall comply
fully with all licensing requirements of the Town of Glocester and
the laws of the State of Rhode Island.
B.
Personal
marijuana cultivation.
Patient cultivation shall be permitted in all zoning districts
in the Town of Glocester. Patient cultivation shall not be allowed
unless each of the following criteria has been met:
(1)
Patient cultivation shall only be allowed at the patient cardholder's
primary residence. If the patient cardholder does not own the subject
property, the owner(s) of the subject property shall provide written
acknowledgment and approval of the proposed use which shall be appropriately
notarized prior to review and approval by the Town.
(2)
The patient cardholder shall apply for the appropriate approvals
and inspections by the local Fire Chief. The Fire Chief shall approve
the application for permits pursuant to R.I.G.L. § 23-28.1
et seq. All permits applied for in furtherance of the Act shall be
sealed and kept confidential by the local Fire Chief and not subject
to review by any party other than the cardholder.
(3)
The patient cardholder shall apply for a zoning certificate, and
the patient cardholder or a licensed contractor shall apply for all
appropriate zoning, building, electrical, mechanical and plumbing
permits as required by the Rhode Island State Building Code. The Building
Official shall approve the application for permits pursuant to R.I.G.L.
§ 23-27.3. All permits applied for in furtherance of the
Act shall be sealed and kept confidential by the Building Official
and not subject to review by any party other than the cardholder.
(4)
In addition to the requirements above, the patient cardholder shall
demonstrate to the Building Official that the following requirements
have been met:
(a)
That the area used for growing be secured by locked doors;
(b)
That the area used for growing has two means of egress;
(c)
That the area used for growing shall not be within 10 feet of a heating
or other ignition source such as an electric, propane, natural gas
or oil fired furnace or heater or as required per manufacturer specifications
of such source;
(d)
That the area used for growing shall have proper ventilation to mitigate
the risk of mold;
(e)
That the area used for growing shall have carbon filters installed
to reduce odors;
(f)
That smoke alarms/detectors are installed in accordance with State
Fire Code and/or to the satisfaction of the Fire Chief.
(5)
Zoning certificates, Fire Chief inspection and/or review, or building/trade
permits are not required for patient cardholders cultivating marijuana
by natural means that do not make modifications to existing electrical,
mechanical or plumbing services in their place of primary residence.
(6)
Possession limits. Patient cultivation possession limits shall be
as follows unless otherwise stated in the Rhode Island General Laws.
|
Possessor
|
Mature Plants
|
Immature Plants (Seedlings) and Unusable Marijuana
|
Usable Marijuana
| |
|---|---|---|---|---|
|
Patient cardholder
|
12 plants
|
12 plants
|
1.5 ounces
|
[Added 6-6-2019, effective 6-6-2019]
A.
Purpose. The purpose of this section is to expand the accessory business uses on farm land that are currently not allowed. This can help to provide an economic incentive to maintain land now used for farming, forestry, wildlife habitat, recreation and to preserve the Town's rural character. Farmland owners may need to generate revenue from their land beyond conventional farm products to maintain a sustainable business and thus prevent their parcels from being converted to house lots. While the Town of Glocester wants to encourage limited accessory business uses for farm landowners, it also recognizes the need to protect the integrity of its residential areas. Therefore this section establishes limits to allow for accessory uses on farms that are compatible with residential uses. Section 350-58.2 does not restrict or limit any agricultural activities currently allowed in Glocester by Town ordinance or state law. This section adds new accessory uses for farm land owners if these uses can comply with the applicable conditions in § 350-58.2E.
C.
Allowable uses.
(1)
The following uses, as defined in § 350-5, shall be considered permitted accessory uses subject to the conditions set forth herein on all farm lots unless otherwise indicated:
(a)
Hay rides, tractor rides and sleigh rides.
(b)
Crop mazes.
(c)
Indoor or outdoor viewing, feeding and petting of farm animals
for a fee.
(d)
Pick-your-own crops.
(e)
Farm home food production in compliance with R.I.G.L. § 21-27-6.1.
(f)
Commercial greenhouses.
(g)
Raising and sale of livestock.
(h)
Product stands.
(2)
The following uses, as defined in § 350-5, shall be considered permitted accessory uses subject to the conditions set forth herein on medium and large farm lots and by special use permit on small farm lots if it can be demonstrated to the Zoning Board that the use can comply with the accessory use conditions and the findings in § 350-8F(4):
(a)
Indoor or outdoor agriculture-related classes, seminars and
tours.
(b)
Farm-based retail building.
(c)
Farm product processing of agricultural products raised on-premises,
excluding the processing of meat or meat products.
(d)
Farm-based retail of agriculture products raised on the premises.
(e)
Farm-based contracting business.
(3)
The following uses, as defined in § 350-5, shall be permitted accessory uses subject to the conditions set forth herein on large farm lots and by special use permit on small and medium farm lots if it can be demonstrated to the Zoning Board that the use can comply with the accessory use conditions and the findings in § 350-8F(4):
D.
Review.
(1)
Accessory uses as outlined above are specifically exempted from the major land development process and will be reviewed by development plan review in accordance with § 350-57 of this chapter for any use that meets one or more of the following criteria:
(a)
The use requires a special use permit;
(b)
The use requires the installation of eight or more parking spaces;
(c)
The use requires the construction or adaptive reuse of a permanent
or temporary structure enclosure with 1,000 square feet or more;
(d)
The use includes on-site food or beverage service;
(e)
The use involves providing overnight accommodation;
(f)
The use involves animal display, boarding or breeding;
(g)
The use is a farm brewery, distillery or winery.
(2)
The Planning Board shall hold a public hearing consistent with the notice requirements of § 350-8F(3) of this chapter for any use that requires development plan review but does not require a special use permit.
(3)
Accessory uses other than those outlined above will require
review by the Town's Zoning Official. The Zoning Official may refer
any farm accessory use to the Planning Board for development plan
review.
(4)
The Planning Board shall have the authority to waive or modify
any requirement from the development plan review with respect to the
information and documents an applicant must submit if, in the opinion
of the Planning Board, the information or document is not necessary
for a comprehensive review of the proposed use.
E.
Accessory use conditions. The accessory uses established by this section shall remain subordinate to the principal bona fide farm use, and their existence shall not be considered establishment of a legal nonconforming principal use. If the farm ceases to exist in compliance with the definition in § 350-5, the accessory use shall also cease to operate. Nothing in this section supersedes the Rhode Island Right to Farm Act.[1]
(1)
Permanent Signage. One freestanding sign of a maximum of 10 square feet in area and four feet in height shall be allowed and comply with the standards in Article V, Sign Regulations, of this chapter.
(2)
Temporary Signage. One temporary freestanding sign per driveway
entrance is allowed and may be placed at the entranceway in a manner
that does not obstruct sightlines for automobiles exiting the property.
Temporary freestanding signs shall be no larger than six square feet
in area and four feet in height. In addition to the allowable freestanding
sign, one banner that does not exceed 20 square feet may also be used.
All temporary signs shall be removed during nonbusiness hours.
(3)
Off-street parking. No farm accessory use shall be developed unless adequate off-street parking is provided in accordance with Article VI, except that, instead of using paved surfaces for parking and driveways, the use of pervious materials, including, but not limited to, turf, stone, lattice finishes that allow for turf to grow within the parking area, or reinforced turf are strongly encouraged. Where pavement or other impervious surfaces are proposed, treatment of the stormwater runoff from these surfaces shall comply with § 300-31B(16).
(4)
Lighting. Any outdoor lighting shall be hooded and controlled so that the source of light is not visible from any adjoining property line. Lighting fixtures shall be directed away from property lines to avoid light trespass and glare onto adjacent properties. Any outdoor lighting must comply with the provisions of Chapter 203 of the Glocester Code of Ordinances. All lighting practices shall be compliant with the International Dark Sky Association.
(5)
Setbacks. With the exception of product stands and retail sales
buildings which may encroach into the front yard setback, all accessory
uses shall meet the setbacks of the underlying zoning district.
(6)
Screening. In addition to using existing structures to shield
outdoor storage, equipment, or materials from view, opaque fencing
or evergreen vegetated buffers at least six feet in height shall be
used to screen any outdoor storage of nonagricultural equipment or
materials that occurs within 100 feet of a front, side or rear lot
line that is visible to a public street or adjacent residence. Any
outdoor dumpsters or similar large-scale trash collection bins shall
be fully screened either through the use of opaque wooden fencing
and/or evergreen vegetated screening.
(7)
Storage. Storage of any nonagricultural equipment or materials
related to the permitted accessory use shall be indoors to the extent
practicable. Outside storage of equipment, materials, or vehicles
associated with the permitted accessory use shall be located in a
manner that effectively shields them from view when viewed from a
town road or adjacent residence.
(8)
Fencing. Fencing used to demarcate storage areas shall be made
of wooden material or other synthetic materials designed to simulate
traditional fencing material.
(9)
Temporary agricultural buildings. Temporary agricultural buildings,
including tents, shall conform to the dimensional requirements of
the underlying district. These agricultural buildings shall be erected
and removed in accordance with local licensing agreements, and inspected
by municipal safety officials as required by law.
(10)
Noise. No farm accessory use shall exceed a sound level of 65
decibels for more than 15 minutes within a sixty-minute time period
as measured at or within the real property boundary of the receiving
land use, between the hours of 7:00 a.m. and 10:00 p.m. Between 10:00
p.m. and 7:00 a.m. the use shall not exceed a decibel level of 55
decibels as measured at or within the real property boundary of the
receiving land use. The sound level in decibels shall be measured
using the A-weighted network as specified by the American National
Standards Institute's most recent standard for sound level meters.
Noise from livestock or farm equipment used in normal, generally accepted
farming procedures is exempt from this noise standard in accordance
with the Right to Farm Act § 2-23-5 of R.I.G.L. Moreover,
noise from temporary construction activities is also exempt from this
requirement.
(11)
Licensing. In addition to the accessory use conditions listed
above, some accessory uses may be required to obtain a license from
the Town Council per the Glocester Code of Ordinances for uses such
as entertainment, hawkers/peddlers or victualing. The license may
include but not be limited to, hours of operation, patron limits,
event frequency, and any special conditions that address unique characteristics
of the use on a particular site to avoid impacts to adjacent property
owners.
[1]
Editor's Note: See R.I.G.L. § 2-233-1.
G.
Severability. If any provision of this section is held invalid by
a court of competent jurisdiction, the remainder of this section shall
not be affected thereby. The invalidity of any section or sections
or parts of any section or sections of this section shall not affect
the validity of the remainder of the Town's Zoning Ordinance.
