Traffic shall be maintained in a safe fashion by the applicant
adjacent to projects approved under this Ordinance as directed by
the Public Works Director and the Chief of Police. Pedestrian access
between public and private facilities shall be protected and provided
in a safe fashion.
A.
Erosion and Sediment Control Plan Required. A soil erosion and sediment
control plan shall be submitted as part of an application for Development
Plan Review when any activity has a disturbed area proposed of more
than one-half acre. Such plan shall contain proper provisions to prevent
accelerated erosion and sedimentation and eliminate any increased
stormwater runoff created on the proposed site. Plans for soil erosion
and sediment control and stormwater management shall be developed
according to this Section using the principles as outlined in the
1989 Rhode Island Soil Erosion and Sediment Control Handbook, and
the 1993 State of Rhode Island Stormwater Manual, as such may be amended
from time to time. A soil erosion plan will be required for a single
family residence when slopes exceed 15%. This soil erosion plan will
be approved by the Building Official only prior to the issuance of
a building permit.
B.
Site Design Requirements. Site design requirements shall be as follows:
(1)
All development proposals shall strive for maximum retention of the
natural physical features of the site. Any outstanding physical features
such as, but not limited to, the highest crest of a hill, natural
low areas collecting stormwater, significant bedrock outcrops and
significant glacial deposits shall be preserved.
(2)
The proposed activity shall be oriented to the site so that grading
and other site preparation are kept an absolute minimum. Development
shall follow natural topography wherever feasible to minimize cutting,
filling, and grading.
(3)
Tracts shall be developed in workable phases on which all grading
and stabilization can be completed within one construction season
so that large areas are not left exposed during heavy rainfall duration.
C.
Submission Requirements. A site development plan and a narrative
description of the development shall be submitted with the application
for Development Plan Review. Included in such application shall be
all the requirements of ARTICLE XII, Development Plan Review and Land
Development Review, and the following:
(1)
Start and completion dates
(2)
Sequence of grading and construction activities
(3)
Sequence for installation of and/or application of soil erosion and
Sediment control measures.
(4)
Sequence for final stabilization of the site
(5)
The design criterion for proposed soil erosion and sediment control
measures and stormwater management devices.
(6)
The construction details for proposed soil erosion and sediment control
measures and stormwater management devices.
(7)
The installation and/or application procedures for proposed soil
erosion and sediment control measures and stormwater control devices.
(8)
The operations and maintenance program for proposed soil erosion
and sediment control measures and the stormwater control devices.
(9)
Any other information requested by the Planning Commission, the Town
Planner or Building Inspector deemed necessary to complete review
of the application.
(10)
The estimated cost of all measures to be installed.
D.
Completion Bonds Required. The estimated costs of all measures of
an approved plan, shall be required to be covered by a cash completion
bond to ensure the completion or restoration of any disturbed property.
Said cash shall be released on the finding by and at the recommendation
of the Planning Commission that the entire approved plan of the application
has been entirely completed.
E.
Placement and Maintenance of Control Measures. Site alterations shall
not begin unless a development review plan has been approved by the
Planning Commission or Town Planner for soil erosion and sediment
control and storm water runoff. Site development shall not begin unless
the soil erosion and sediment control measures and storm water control
devices outlined in an approved plan are installed and are functional.
All control measures and devices shall be maintained in effective
condition to ensure the compliance of the approved plan.
F.
Inspections. Inspections shall be made by the Building Inspector
or his designee to ensure compliance with the approved plan. The permittee
shall verify through progress reports that soil erosion and sediment
control measures and devices have been installed according to the
approved plan and are being operated and maintained. Additional measures
may be required if proposed measures fail to control erosion and sedimentation
and stormwater. The applicant shall be billed for the cost of all
review and inspection fees, necessary administrative work and legal
fees related to enforcing compliance with this Section. The Town Solicitor
shall take such actions necessary to enforce compliance with this
Section.
[Amended 12-9-2013 by Ord. No. 359]
A.
General Landscaping Standards
(1)
In residential developments, applicants shall provide plantings or
landscaping elements throughout the development to promote the purposes
of this ordinance in addition to the screening and street trees required.
(2)
In non-residential developments, all areas of the site not occupied
by buildings and required improvements shall have been retained in
their natural state as part of the site design process to the extent
practicable. If the property was cleared in the past and the current
state of the property does not serve as an adequate buffer or natural
area, a planting plan shall be submitted for this area of the site.
(3)
Where sites are disturbed as part of construction, but improvements
such as paved areas, buildings, above-ground utilities, or other built
features are not installed, these areas shall be landscaped in accordance
with the standards provided in this section of the Zoning Ordinance.
B.
Plant Selection
(1)
Plant varieties shall be selected for long term resistance to drought,
moisture, salt, urban conditions, or insects and other pests depending
on the location of landscaping and the specific stressors anticipated
for different areas of the site. Plants should be selected so that
landscaping can be maintained with minimal care and the need for watering,
pesticides, or fertilizers is minimized or eliminated.
(2)
Landscape professionals are encouraged to reference Sustainable Trees
and Shrubs, 3rd ed., 1999, URI Cooperative Extension- Landscape Horticulture
as well as other current standards for nursery stock/species.
(3)
Under no circumstances shall any plant be selected that appears on
the most recent listing of invasive species as published by the Rhode
Island Invasive Species Council.
(4)
Caliper measurements and root ball specifications for all trees and
shrubs shall conform to the American Standard for Nursery Stock ANSI
Z60.1-2004 as may be amended.
(5)
Shade or canopy trees shall not be less than twelve (12) feet in
planted height above grade.
(6)
Ornamental or flowering fruit trees shall not be less than ten (10)
feet in planted height above grade.
(7)
Evergreen trees used for screening shall not be less than six (6)
feet in planted height above grade.
(8)
Lawn seed mixes shall be drought resistant. To achieve a high level
of drought tolerance, lawn mixes may include, but shall not be limited
to, a predominance of fine fescues.
C.
Planting and Cultivation
(1)
Soil
(a)
In all areas where landscaping is to be provided and topsoil
is to be removed for the purposes of site development and/or grading,
topsoil shall be restored to a minimum depth of six (6) inches.
(b)
Where pre-existing topsoil will be used for landscaping, such
soil shall be cultivated to a depth of six (6) inches.
(c)
Cultivated areas shall be covered with not less than a two (2)
inch deep layer of mulch after planting where weed control is required.
Mulch made of natural unstained material is preferred; any mulch made
of recycled material or that is stained must be certified non-toxic.
(2)
Lawns
(a)
Lawn area for ornamental purposes in commercial or industrial
development shall be limited to yards with frontage and ornamental
turf shall be limited to areas within the front yard setback. The
use of turf in yards without frontage shall be limited to areas reserved
for utilities, grass swales, or alternative parking surfaces.
(b)
Lawn or turf areas shall not be less than six (6) feet in width.
(3)
Trees and Plantings
(a)
Where there is no existing forested area, trees along streets
are required as part of all development activity in accordance with
the Zoning Ordinance.
(b)
Trees shall be spaced approximately 30 to 40 feet on center
along streets, but shall not be located within 30 feet of intersecting
right of way lines.
(c)
Pit cultivation for all trees shall be 2.5 times the diameter
of the root ball and a depth equal to the same. Holes for trees shall
be prepared in a manner that facilitates grow-in of new trees through
the use of best practices.
(d)
All trees and plant materials shall be disease and pest free
at the time of planting.
(e)
Trees and other landscaping shall be staked as necessary and
provisions shall be made by the developer for adequate watering and
maintenance until the plantings are established.
(f)
No street trees shall be located in a manner that interferes
with overhead or underground utility lines.
(g)
When planted closer than seven (7) feet from the edge of any
pavement, vertical barriers shall be installed to discourage the growth
of tree roots into and immediately under the pavement area. Alternative
tree planting methods such as the use of "CU-structural soilTM" to
prevent damage to pavements and enhance tree growth are encouraged.
D.
Site Protection. Protection of the site shall be in accordance with
the following:
(1)
Topsoil suitable for landscaping shall be retained on site in an
amount as determined as part of the required landscape plan. To the
maximum extent practicable, the developer shall minimize the areas
of the site to be regraded or disturbed. Topsoil exposed during construction
shall be protected through stabilization measures consistent with
the Rhode Island Sediment Control Handbook;
(2)
All organic material, rubbish, potentially harmful materials or debris
shall be removed from the site in a timely fashion. Disposal of cleared,
grubbed and stripped materials shall be the responsibility of the
developer. All roots, stumps, brush, foliage and other vegetation
that have been cleared or excavated shall be removed and disposed
of by the developer off the project site;
(3)
No filling, excavation, or material storage shall occur within four
(4) feet of any shrub or the dripline of any tree that will be retained.
Protective barriers shall be installed to protect this area surrounding
retained vegetation and shall be a minimum of three (3) feet high
and constructed of durable material. Snow fences and silt fences are
examples of acceptable barriers;
(4)
Parking of construction vehicles, offices/trailers, stockpiling of
equipment/materials, etc. shall take place in areas designated for
permanent structures or other impervious surfaces;
(5)
Existing stone walls shall be retained and incorporated into the
site design to the maximum extent practicable. Where possible, they
shall be used as property lines for proposed new interior lots, perimeter
property lines or to delineate open space areas from development areas;
and
(6)
Disturbed areas intended for natural re-growth should be, at a minimum,
graded, loamed, and seeded with wildflowers, perennial rye grass,
a meadow or "conservation" native grass mix or similar non-invasive
groundcovers.
E.
Buffer Areas.
(1)
Purpose. This Section requires buffers between certain land uses.
The buffers are designed to ameliorate nuisances between adjacent
land uses or between a land use and a public road. Such nuisances
may include, but are not limited to, dirt, litter, noise, lights,
signs, unsightly buildings, or parking areas. Buffers provide spacing
to reduce potentially adverse impacts of noise, odor, or danger from
fires or explosions.
(2)
Location and design. Where required, buffers shall be located on
the outer perimeter of the lot and extend to the lot boundary line.
Buffers shall not be located on any portion of an existing, dedicated,
or reserved public or private street or right-of-way. The offset distance
of a buffer shall be calculated as parallel to the property line.
Where a necessary drainage, utility, or other easement is partially
or wholly within a required buffer, such item shall not count as buffer
area unless specifically allowed elsewhere in the Zoning Ordinance.
(3)
Use. A buffer may be used for passive recreation. In no event, however,
shall play fields, stables, swimming pools, tennis courts or similar
active recreation uses be allowed in buffers. A buffer may contain
pedestrian, bike, or equestrian trails, provided that:
(4)
Required buffers. Unless otherwise specified in another section of
the Zoning Ordinance, the following buffers shall be provided.
(a)
Public/Institutional uses. Where a public or institutional use
abuts an exclusively residential use or district, a twenty (20) foot
landscaped perimeter buffer area shall be established on the site
and maintained between the site and the abutting residential use or
district.
(b)
Public Utility/Service uses. Where a public utility or service
use abuts an exclusively residential use or district, a twenty (20)
foot landscaped perimeter buffer area shall be established on the
site and maintained between the site and the abutting residential
use or district.
(c)
Industrial uses. Where an industrial use abuts an exclusively
residential use or district, a fifty (50) foot landscaped perimeter
buffer area shall be established on the site and an opaque screen
and/or fence consisting of an evergreen hedge not less than six (6)
feet in height shall be planted and maintained between the site and
the abutting residential use or district. Existing vegetation, if
non-invasive, may be used as part of the screening for this requirement
and supplemented in a manner that achieves the same opaque effect.
(d)
Commercial/Business uses. Where a business use abuts an exclusively
residential use or district, a twenty (20) foot buffer for C-1 and
the TVD district, a twenty-five (25) foot buffer for districts C-2
& C-3, landscaped perimeter buffer area shall be established on
the commercial site and an opaque screen consisting of an evergreen
hedge or a fence not less than six (6) feet in height with evergreen
plantings on the residential side shall be erected and maintained
between the site and the abutting residential use or district.
F.
Maintenance.
(1)
Responsibility. The responsibility for maintenance of a required
buffer shall remain with the owner of the property. Maintenance is
required to ensure the proper functioning of a buffer.
(2)
Maintenance. Maintenance shall consist of, but is not limited to,
mowing, removal of litter and dead plant materials, and necessary
pruning. Where necessary, watering shall be supplied in accordance
with the needs of individual plant species. Failure to maintain any
required landscaped area shall constitute a zoning violation.
G.
Plan Required. A separate landscape plan shall be submitted when
required as part of the development plan review or subdivision process.
H.
Installation Required. All required landscaping shall be required
to be planted and complete before the issuance of a Certificate of
Occupancy by the Building Official.
These regulations pertain to new development under this Ordinance
only insofar as such development is permitted under the provisions
of this ordinance.
A.
Electromagnetic Interference. In all zoning districts, no use, activity,
or process shall be conducted which causes electromagnetic interference
off the premises where the activity is conducted.
B.
Humidity and Heat. In all zoning districts, no use, activity, or
process producing humidity in the form of steam or moist air, or producing
heat, shall be carried on in such a manner that the steam, humidity
or heat is perceptible to normal senses at any lot line.
C.
Vibration. In all zoning districts, no use, activity, or process
shall be so operated that the ground vibration generated is perceptible
without instruments, past any boundary line of the lot on which the
use or activity is located.
D.
Lighting. In addition to these regulations, exterior lighting shall also be regulated by the provisions of § 155-15 et seq. Exterior lighting shall be installed in such a manner that the light source will be sufficiently obscured to prevent glare on public streets or into any residential areas. Outside lights must be made up of a light source and reflector so that, acting together, the light beam is controlled, and directed downward, not aimed upward or across a property line and is compatible with lighting in the neighborhood. No sodium vapor lighting shall be used.
[Amended 6-11-2012 by Ord. No. 347]
E.
Combustible/Explosive Materials. In all zoning districts, all uses
involving explosive and/or combustible material shall comply with
the rules and regulations of the State Fire Marshall. Such uses, if
permitted, shall not be located within one thousand feet of a residential
district or use.
F.
Gas. In all zoning districts, no use, activity, or process shall
emit noxious, toxic, or corrosive fumes or gases in concentrations
or amounts causing discomfort or injury to humans, domestic/farm animals
or harmful to vegetation.
G.
Hazardous Materials. In all zoning districts, if any permitted use
requires the use, storage, or disposal of hazardous materials on-site,
the use shall comply with all local, state and federal laws for hazardous
materials use. Adequate precautions shall be planned to be taken against
negative off-site impacts of a hazardous material release, using the
best available state and federally approved technology.
H.
Radiation. In all zoning districts, the airborne emission of radioactive
materials shall comply with the The Nuclear Regulatory Commission
and the State of Rhode Island Rules and Regulations pertaining to
radiation control.
I.
Smoke/Particulate Matter. In all zoning districts, no use, activity,
or process shall cause any emission of smoke or particulate matter
that can cause any damage to human health, domestic/farm animals,
vegetation, or other forms of property, or which can cause excessive
soiling. No emission at any point from any chimney or otherwise visible
gray smoke of a shade darker than No. One of the Ringelman Smoke Chart
as published by the United States Bureau of Mines is permitted. Dust
and other types of air pollution, borne by the wind from such sources
such as storage areas, yards, roads, and driveways within lot boundaries,
shall be kept to a minimum.
J.
Toxic/Odiferous Matter. In all zoning districts, no use, activity,
or process shall discharge across the boundaries of the lot toxic
or odoriferous matter that causes an obnoxious odor in concentrations
as to be detrimental to or endanger the public health, safety, comfort,
or welfare, or cause injury or damage to property.
Liquid waste in all zoning districts, shall comply with the
following standards.
A.
Standards. Liquid effluent from any treatment process that is discharged
into the ground shall always comply with the State of Rhode Island
Rules and Regulations relating to such.
B.
Toxic Substances. No effluent shall contain any other acids, oils,
dust, toxic metals, corrosive or other toxic substance in solution
or suspension that would create odors, discolor, poison or otherwise
pollute any river, pond, stream, wetland or any drinking water supply.
C.
Temperature. No discharge shall raise the temperature of any water
body above the temperatures that are normal for such bodies and can
support aquatic life in such water body.
D.
Process/Cooling Waters. Process or cooling waters shall be recirculated
and reused except as otherwise permitted by state or federal law or
otherwise by special use permit.
Storage of solid waste shall be in a bulk waste container for
all uses other than single family residential uses. Such bulk waste
container shall be situated within a permanently screened and landscaped
enclosure. Such waste storage shall be located so as to be screened
from view outside the property and to be accessible to pick-up. These
containers shall be maintained in a sanitary and healthful manner.
A.
Generally. No facility designed to leach liquid wastes into the soil
shall be located in areas outlined below, except by the granting of
a special use permit. Exception: The repair or alteration of an existing
waste disposal system.
(1)
Within one hundred feet of a boundary of a fresh water or coastal
wetland as defined by Rhode Island General Laws §§ 2-1-14
and 2-1-20.
(2)
That area of land within two hundred feet of the edge of any flowing
body of water having a width of ten feet or more and that area of
land within one hundred feet of the edge of any flowing body of water
having a width of ten feet or less; and
(3)
That area of land within one hundred feet of the edge of any intermittent
stream; and
(4)
The area of land defined as a one hundred year flood hazard boundary
indicated by Zone A or Zone V on the official Flood Insurance Rate
Maps of the Town of Charlestown prepared by the Federal Emergency
Management Agency and dated September 30, 1995 and any and all revisions
thereto.
B.
Wetlands. No wetland, as defined by state law, and in any rules and
regulations adopted pursuant thereto, shall be excavated, drained
or filled nor any other alteration be made to the natural conditions
of any wetlands without the prior approval of the R1 DEM, the Charlestown
Town Council and/or the RI CRMC.
C.
Submittal Requirements. The following information shall be submitted
by the applicant as part of the special use permit application relating
to water bodies:
(1)
Proximity to the one hundred year flood hazard boundary;
(2)
Location of coastal features and relationship to jurisdiction of
the RI CRMC and special area management plans that may be in effect;
(3)
The location and delineation of, and distance from the nearest groundwater
aquifer and all wells used for drinking water supply within four hundred
feet;
(4)
Proximity to Class SA and/or Class A water body or areas where the
water quality is suitable for harvesting shellfish for direct consumption,
where applicable;
(5)
Soil types present on the site as defined in the Soil Survey of R.I.
of the United States Department of Agriculture.
(6)
Depth of soil to water table.
(7)
Perk rates of all soils on the site between the site and any water
body.
(8)
The presence or absence of fragipan between the soil surface and
groundwater.
(9)
Detailed soil morphological characteristics to a minimum depth of
four feet as analyzed by a professional soil scientist, to determine
seasonal high-water table.
(10)
Direction of groundwater flow.
(11)
The dimensions of the proposed structure, and the square footage
apportioned to living space.
(12)
Precise reference points to locate the property and the proposed
ISDS site.
(13)
The surveyed edge of all coastal and/or freshwater wetlands
within one hundred feet of the leach field as verified by the RI DEM
or RI CRMC.
A.
Findings of Fact. Coastal barrier beaches serve as a buffer zones
for the salt ponds and the mainland located behind the ponds. The
coastal barriers are low in profile and highly vulnerable to wind
and wave erosion particularly during hurricanes. Hurricanes cause
severe storm-surge flooding, and beach erosion. Debris from buildings
on the barriers contributes to further damage to structures on the
barriers, and can cause damage to properties on the mainland. All
beaches within Charlestown have been classified by the RI CRMC. Portions
of some beaches have been designated as undeveloped barrier beaches.
The intent of this Section is to regulate development in these areas
as they are subject to periodic flooding which can be damaging to
abutting property owners and a danger to the health, safety and general
welfare of the Town.
B.
Policies. The Town of Charlestown supports the RI CRMC policies and
programs to protect coastal barriers for benefits to the public's
health, safety and welfare. This Section shall not be construed as
an intent on the part of the Town to foster development on coastal
barriers, but rather to allow the CRMC to promote its policies under
its statutory authorization from the Rhode Island General Assembly.
C.
Site Development Criteria. Except where prohibited in § 218-36, Land Use Table, all structures shall be permitted only by a special use permit obtained from the Zoning Board of Review provided all driveways and parking areas are landward of the building and do not cut into the dune feature and any construction activity that disrupts the dune feature restores the dune and revegetates it. The following uses shall not require a special use permit from the Board provided they meet all other local, state and federal requirements:
No building permit shall be issued by the Building Inspector
for construction requiring an accessway into a town highway until
the Building Inspector receives the approval, in writing from the
Director of Public Works.
A.
Drainage of Surface Water. Wherever any culvert, drain, or water
course have been placed or maintained or have existed under, adjacent
to, or within a Town Highway for surface water drainage, no person
shall in any way alter such without first obtaining the written approval
of the Director of Public Works.
B.
Connection into Town Drainage System. No person shall make any connection
into a Town road drainage system, or to drain or dump water onto a
Town right-of-way without first obtaining the written approval of
the Director of Public Works.
