Town of New Shoreham, RI Article 5 Performance Standards

§ 501 Development Plan Review Standards.

[Amended July 7, 1997; November 21, 1998; added October 6, 2008]

A. General Standards. To approve a site development plan pursuant to § 703, Procedures for Special Use Permit, the Planning Board must find that each of the following standards shall have been met:

1. Traffic. The development will not cause unreasonable traffic congestion or unsafe conditions and will comply with the Town's standards for parking, access, road design and construction. Adequate provisions shall be made for pedestrian and bicycle access. Unless explicitly provided otherwise in the Special Use Permit authorizing the use, for uses projected to have summer season trip generation exceeding 10 vehicle trips in the peak hour, sight distance at the point of egress shall meet American Association of State Highway and Traffic Officials (AASHTO) standards, based on observed (not posted) travel speeds, and the volume/capacity ratio shall not be increased by more than 0.1 above baseline on any lane of any street or intersection as a result of projected traffic, with "baseline" being the ratio resulting from the traffic forecast in five years, given development of the premises for single-family residences as allowed under the Zoning Ordinance with no density bonuses.

2. Emergency Access. The development will provide for and maintain convenient and safe emergency vehicle access to all buildings and structures at all times.

3. Soil Suitability. The locations, design and construction of all structures, including but not limited to, buildings, roadways, and surface water drainage systems, and their intended use shall be suitable to the soils and subsoils of the property.

4. Drainage, Stormwater Run-off. Anticipated stormwater run-off from the developed site shall not exceed peak run-off from the site prior to development.

5. Waste Disposal. The development will provide for adequate disposal of sewage, refuse and other wastes, consistent with any stipulations of the Special Use Permit authorizing the use.

6. Nutrient Loading. The nutrient contribution from the proposed development, when added to the existing and potential nutrient level of developments within the recharge area of a private or municipal water supply and/or within the drainage area of a coastal embayment, will not generate nutrient levels that exceed the receiving water's critical eutrophic level, based on submittals, standards and analysis methods consistent with § 316, Pond Quality Overlay.

7. Soil Erosion. Proper soil erosion and sedimentation control measures, as prescribed in the Town's Soil Erosion and Sediment Control Ordinance, shall be employed to minimize sedimentation and siltation of existing surface waterbodies and wetlands. In areas where the land slopes downward towards any surface waterbody or wetland, proposed filling, cutting, clearing or grading shall be minimized and natural vegetation and topography shall be retained wherever possible.

8. Utilities. All utilities included in the development plan shall be designed to minimize adverse impact on the subject property and surrounding properties. Whenever feasible, all electric, telephone and other utility lines shall be installed underground.

a. Development subject to Development Plan Review may be authorized only upon the Planning Board determining that sewer and water allocation have been granted by the Town and paid for by the applicant.

b. Town water supply shall be considered adequate only if water service as existing or as committed to be improved or installed by the applicant provides pressure of at least 40 pounds per square inch at street grade, and water for fire protection is available at 20 pounds per square inch residual pressure at 500 gallons per minute flow, sustainable for two hours, or such higher flows as needed to meet Insurance Services Office (ISO) requirements for uses other than single-family dwellings.

c. Development subject to Development Plan Review, if proposed at a location not meeting these standards, may be authorized only upon the Planning Board determining that special circumstances of the development or the site assure that supply will be adequate for anticipated consumption and fire protection.

9. Natural Resources. The development will not have an adverse impact on areas of critical environmental importance such as habitats or species listed as endangered, threatened or of special concern by the Rhode Island Natural Heritage program, consistent with any stipulations of the Special Use Permit authorizing the use.

10. Cultural Assets. Any requirements of the Historic Overlay have been satisfied; constraints on displacement for parking area development specified in § 502(B)(6) are complied with, and there will be no avoidable displacement of historic or archeological resources identified in the Comprehensive Plan or a document referenced therein, consistent with any stipulations of the Special Use Permit authorizing the use.

11. Water Protection. The plan considers, and protects against, any degradation of surface or groundwater quality.

12. ISDS. All ISDS must comply with the requirements of § 506, Individual Sewage Disposal System, of this ordinance.

B. Standards for Residential Structures Meeting Certain Thresholds. For those applications submitted under § 406 requiring a Special Use Permit for the construction of a dwelling unit or accessory structure meeting certain thresholds as defined in § 406B, the Planning Board shall, in addition to the standards listed in Subsection A above, apply the following in their review of site and building plans:

1. The proposed residential structure is sited so as to minimize impact on viewsheds, including, where possible, location below the crest of a hill or ridgeline, and/or away from the centers of open fields.

2. The proposed residential structure is designed and sited so as to be compatible with its historic and cultural setting, particularly in relationship to any nearby notable historic structures.

3. The area of site disturbance and the alteration of natural grade are the minimum necessary for construction of the building.

4. All existing stone walls on the site are preserved or reconstructed as part of the site plan.

5. Screening of the proposed building is achieved by use of existing mature vegetation, with additional plantings as required by the Planning Board.

6. Attached garages are located below first floor grade or attached by a breezeway so as to not add to the dwelling's bulk, and are oriented so that the front is not visible from a town or state road (i.e. designed with side or rear entrances in relation to the dwelling).

As part of their review, the Planning Board may recommend reductions in the required front, rear or side yard setbacks, as provided for under Subsection 406F.(2), recommend lowering the building height, and require a full landscape plan prepared by a registered landscape architect.

C. Procedure. Development plans shall be reviewed and approved as set forth in § 704, Development Plan Review.

§ 502 Off-Street Parking/Sidewalks.

[Amended January 21, 2004; added December 16, 2009; 3-20-2024 by Ord. No. 2024-09]

A. Off-Street Parking Minimum Standards. Off-street parking in conformance with the following minimum requirements shall be provided and maintained for new construction, expansion of existing uses or structures, and changes of use. Where several uses occupy a single structure or lot, the total required parking shall be the sum of requirements of the individual uses. These minimum requirements will not be satisfied by street parking. Except as specifically allowable with a Special Use Permit, parking shall not be a primary use on any lot.

1. Accessory Dwelling Unit. One parking space in addition to any other off-street parking requirement for other structures and uses on the property.

2. Assembly Hall: One parking space per three seats of total available capacity. In Old Harbor Commercial Zone (OHC): One parking space per five seats.

3. Commercial/Residential Mixed Use: One parking space per dwelling unit plus the requirements contained herein for the commercial use or uses.

4. Dwelling Units: Two parking spaces per dwelling unit. In Old Harbor Commercial Zone (OHC): One parking space per dwelling unit.

5. Governmental Facilities: Anticipated need, to be located in defined areas within at least 50 feet from abutting uses.

6. Hotels and Inns: One parking space per three guest rooms; plus one employee parking space for every 10 rooms. In Old Harbor Commercial Zone (OHC): One parking space per four guest rooms, plus one employee parking space for every 10 rooms.

7. Light Assembly: One parking space per two employees based on the largest number of employees to be working at any given time. In Old Harbor Commercial Zone (OHZ): One parking space per three employees based on the largest number of employees at any given time.

8. Marina: One parking space per 10 boats plus one space per 1.5 employees; plus additional parking as required for any other facilities, uses or accessory or associated uses.

9. Professional and Business Services: One parking space per 1000 square feet of gross floor area, plus one space per 1.5 employees.

10. Restaurant, Carry-Out: Three parking spaces. In Old Harbor Commercial Zone (OHC): Two parking spaces.

11. Restaurant, General: One parking space per 10 seats. Restaurant included in Hotel or Inn: One parking space per 15 seats.

12. Retail Trade: One parking space per 500 square feet of gross floor area plus adequate employee parking. In Old Harbor Commercial Zone (OHC): One parking space per store.

13. Transportation Facility: Short term and long term parking spaces as determined by anticipated need, to be located in defined areas within at least 50 feet from abutting uses.

14. Utility Facility; Warehouse and Storage Facility: one parking space per three employees.

15. Uses Not Otherwise Specified: In the event the proposed use is not one of those specifically enumerated above, the determination of the required off-street parking shall be made by the Zoning Official using the enumerated uses as a guide and considering, as appropriate, the square footage of the use, the occupancy, capacity and number of employees associated with any structure or use, the state fire and building codes and any other sources the Zoning Official may deem appropriate to make a determination.

[Amended 5-3-2022 by Ord. No. 2022-04]

B. Loading Space.

1. In connection with every commercial property requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained, on the same property, at least one off-street loading space.

2. Each loading space shall be not less than 10 feet in width, 25 feet in length, and 14 feet in height. Such space may occupy all or any part of any required yard or court space, subject to the following limitations.

C. Dimensional and Construction Requirements. Required off-street parking shall be in lots with spaces organized in right angle configurations where feasible in accordance with the following dimensional table of standards:

Parking Dimensions in Feet*
Parking Angle	Stall Width Parallel to Aisle	Stall Depth	Aisle Width
90°	9.0	18.5	22
45°	12.7	17.5	12

*	Exception for marinas: 300 square feet is required for each parking space in a marina.

1. Aisle width shall be measured between ends of stall lines. For back-in parking aisle width may be reduced by four feet.

2. Angle parking at 45° with adjacent one-way aisles in the same direction shall be used only with sufficient barriers to prevent vehicular contact across the interlock.

3. Off-street parking shall be located on the same lot as the primary use except that the Zoning Board of Review may by Special Use Permit allow the use of off-site premises for parking when the public benefit of the proposed use so warrants.

4. Egress shall be designed to provide a safe and unobstructed 100-foot sight line to traffic in each direction.

5. Parking areas shall be designed so as not to require the backing of vehicles onto any public street.

6. In so far as practicable, parking areas shall be recessed from the road with planting that screens parked cars from the road.

7. No building, stonewall or tree row may be removed for the construction of parking spaces except where this is unavoidable.

8. Lighting of parking areas shall be located no higher than 10 feet from the ground and shall cast light downward. No spill light is permitted which causes glare on an abutting lot or to vehicles traveling on an abutting road.

D. Large Lot Parking. For parking areas of 20 spaces or more the following additional requirements shall apply:

1. Large lot parking areas must receive development plan approval pursuant to the standards set forth in § 501, Development Plan Review Standards, and the procedures set forth in § 704, Development Plan Review.

2. No large lot shall be operated as a rental facility except by a Special Use Permit pursuant to § 420, Parking Lots.

3. Large lots, except for those serving transportation facilities or located in the Old Harbor Commercial Zone shall be screened on each side facing a street or abutting property by a wall, fence or compact hedge no less than three nor more than five feet high. Parking areas serving up to 20 cars each shall be separated by planted buffers at least 10 feet wide.

E. Sidewalks. Within the OHC, NHC, and SC Zones, sidewalks shall be provided as part of site development along all principal roads to provide pedestrian access to and between public and private facilities.

F. No part of an off-street parking area or off-street loading area required for any building or use for the purpose of complying with the provisions of this chapter, shall be included as a part of an off-street parking area or off-street loading area similarly required for another building or use unless the type of structure indicates, in the opinion of the Planning Board, that the periods of usage of such buildings or uses will not be simultaneous with each other.

G. Nothing in this chapter shall be construed to prevent the joint use of off-street parking or off-street loading space for two or more buildings or uses if the total of such spaces when used together shall not be less than the sum of the requirements of the various individual uses computed separately in accordance with the requirements of this article.

§ 503 Landscape and Buffers.

A. General Standards. Landscaping shall be designed and installed to define, soften, or screen the appearance of off-street parking areas and storage areas from public rights-of-way and abutting properties, to enhance the physical design of buildings and site, and to minimize the encroachment of the proposed use on neighboring land uses. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, retaining existing vegetation where desirable, and keeping any grade changes in character with the general appearance of neighboring areas.

B. Specific Requirements.

1. Plantings shall be used to screen and break up parking areas and plantings or fences shall be used to screen trash receptacles and unsightly storage areas from roadways and abutting properties.

2. Stone walls, tree rows and low-lying thickets shall be retained whenever feasible and kept in good repair. Breaks for roads, utility easements or fire lanes shall be the minimum necessary, but sufficient to provide emergency vehicles clear access to ponds, cisterns or other water sources.

3. Agricultural uses shall retain a buffer of natural growth at least 50 feet wide around all wetlands and waterbodies except that access ways to the water may remain cleared.

4. Where plantings are required, existing materials shall be used whenever possible; plants susceptible to windburn shall not be used as screen hedges.

5. Ground covers or grasses not requiring fertilizers or frequent watering shall be used whenever feasible.

§ 504 Signs.

[Amended June 18, 2008; Ord. of 6-15-2011; 5-1-2018 by Ord. No. 2018-17]

A. Purpose. The purpose of this article is to promote and protect the public health, welfare and safety by regulating the use of existing and proposed signs and other outdoor advertising devices. This article is intended to protect and enhance the physical appearance and natural beauty of the community, protect property values and contribute to an attractive business climate by allowing sufficient freedom to identify and promote the availability of goods and services while, at the same time, protecting the unique character of the Town and the Island. It is further intended to promote and protect the public safety by reducing sign and advertising distractions, obstructions and hazards that may contribute to traffic accidents or personal injury.

B. General.

1. A sign permit shall be required for all signs hereafter erected, installed or replaced, unless specifically exempted by this section. Such permits shall be issued by the Building Official and shall be in addition to any other permits or approvals required by this or any other ordinance of the Town or the State.

2. Permitted signs. Only signs which refer to a permitted use, as set forth in the New Shoreham Zoning Ordinance, or by the New Shoreham Zoning Board of Review are permitted, provided such signs conform to the provisions of this section.

3. The following are prohibited:

a. Signs or lighting which incorporate any flashing, moving or changing illumination or animation, and touch-screen automated machines; located on the exterior of the structure or on the inside faces of the windows;

b. Internally illuminated awnings and internally illuminated signs, including without limitation, unscreened exterior vending machines;

c. Signs that produce generated variable messages or another electronic means of changing sign copy including, without limitation, displays using LEDs, LCDs or a flipper matrix;

d. An unconcealed light source for external sign, building or premises illumination;

e. Any sign which, in the determination of the Building Official or Police Chief, constitutes a hazard to public safety or health, or which impedes vision or access to or from public streets, sidewalks or other places of ingress or egress, including signs which by reason of size, location, content or manner of illumination, obstruct the vision of a driver, or detract from the effectiveness of traffic-control devices;

f. Searchlights, spinners, inflatable devices;

g. Commercial flags or banners displaying a word, symbol, or design or a combination of words, symbols or designs;

h. Umbrellas or tents displaying a word, symbol or design or a combination of words, symbols or designs;

i. Billboards and off-premises signs;

j. Signs projecting over a street;

k. Any sign not otherwise permitted under this Ordinance.

4. Determination of sign area.

a. Free-standing or attached signs. The area shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background whether open spaced or enclosed, on which they are displayed but not including any supporting framework and bracing which are incidental to the display itself.

b. Where the sign consists of individual letters attached to a building, wall or window, the area shall be considered to be that of the smallest rectangle or other shape which encompasses all the letters.

c. Theater advertising shall be considered to be all area within the basic marquee or face.

5. Trademarks and logos. The registered trademark or logos of a specific product may occupy no more than 25% of the allowable area of a sign. This shall not be construed to discourage the use of logos on signs.

6. Symbols. The use of three dimensional or representative symbols independent of the sign area is encouraged, however, the area of which shall be included in the determination of total sign area.

7. Letter size and style. If all of the letters are upper case (capitals), their height shall not exceed 10 inches. If both upper and lower case letters are used, the maximum upper-case letter height shall not exceed 12 inches. The letter style must be recognized printer's typeface unless otherwise approved by the Historic District Commission, except where specifically exempted in this Ordinance.

8. Materials. Signs shall be constructed of varnished, natural, weathered or painted wood, metal or stone or other similar material with applied, painted or carved letters unless otherwise approved by the Historic District Commission.

9. Lighting. Signs may be lighted only with continuous, non-flashing, white incandescent lighting not to exceed a total of 75 watts, or equivalent warm-white fluorescent or LED lighting. Lighting must be directed away from vehicular and pedestrian traffic so that it is non-interfering and poses no threat to public safety. Neon in any form which is visible from the exterior of the building is prohibited. Light sources must be concealed from view. Exposed wiring and conduit is prohibited. Light sources must be concealed from view. Exposed wiring and conduit is prohibited. Strings of bulbs may be allowed on an approved location-by-location basis provided such display does not interfere with or have an adverse impact upon neighboring land uses. Bulbs shall be warm-white in color, shielded from direct view, and shall not be flashing or visually moving in a 'marquee' fashion. Placement locations shall be low to the ground at pedestrian levels to provide ambient lighting. In no case shall the lighting be used to horizontally, vertically, or diagonally outline building edges, roofs, canopies, porches, cornices, or other elevated surfaces. All lighting must comply with the Town's Lighting Ordinance. Building illumination shall be restricted to entries and porches except when designated as part of an overall lighting scheme approved by the permitting agent. There shall be no illumination between the hours of 11:00 p.m. and 6:00 a.m., unless the premises on which it is located is lawfully open for business during the time of illumination.

10. Supports. No support for a sign may extend above the cornice or eave line of the building to which it is attached. No exposed wires or turnbuckles are allowed. Due to the extreme and sometimes sudden wind conditions on the Island, attachments must be securely fixed to prohibit hanging signs from swinging.

11. Maintenance. All signs, including all supports, braces, guys and anchors, shall be kept in good repair and shall be kept clean, neatly painted and free from all hazards so as to not endanger the public health or safety.

12. Obsolete signs. Any sign which advertises an area, use, property, business or product no longer actively sold or promoted on the site upon which the sign is located, shall be considered to be obsolete and shall be removed within 30 days after the date that it becomes obsolete. If an obsolete sign is not removed within 30 days, the Zoning Official shall give written notice of the violation to the owner of the property on which the sign is located, ordering the owner to remove any such sign within 10 days from the date of the notice. Upon failure to comply with the provisions of the notice, the Zoning Official, in addition to other action allowed by law, may remove the sign at the expense of the owner of the property from which the sign is removed. This paragraph 12 does not apply to any historic sign or image or 'symbol' that, in the opinion of the Historic District Commission, represents the history of Block Island and/or the building onto which it is applied.

[Amended 5-3-2022 by Ord. No. 2022-04]

13. Unlawful signs. Where the sign becomes unsecured, is in danger of falling, or is otherwise unsafe, or if a sign is unlawfully installed, erected, or maintained in violation of any provisions of this code then, upon written notice of the Building Official or Zoning Official to the owner of the property on which the sign is located, the sign shall be removed or made to conform to the provisions of this section forthwith in the case of immediate danger and in any case within not more than 10 days from the date of notice. If within 10 days the order is not complied with, the Building Official or Zoning Official shall remove such sign at the expense of the owner of the property on which the sign is located.

[Amended 5-3-2022 by Ord. No. 2022-04]

14. Unsafe signs. The Building Official may require any sign or advertising structure which is an immediate peril to persons or property to be removed summarily and without notice.

C. 

Specific requirements.

1. Types. Permitted types of signs include wall, projecting or free-standing, or moveable A-frame signs, provided they are approved pursuant to this Section, and provided they meet all requirements of these regulations, the Town and State Building Codes, and all other ordinances and regulations of the Town. All other types are prohibited.

a. No sign shall be erected which is affixed to a sidewalk, curbstone, lamp post, hydrant, fence, utility pole or structure, tree, shrub, rock or other natural object;

b. Signs shall not extend above the roofline (unless mounted on a parapet wall which extends above the roofline, in which case the sign may not extend above the top of said parapet);

c. No sign, together with any supporting framework, shall extend to a height above the maximum building height allowed in the district;

d. Signs, together with any supporting framework, may, with approval, cover architectural details such as, but not limited to, arches, sills, balusters, moldings, cornices, columns, and transom windows.

2. Size and number.

a. Free-standing signs. One free-standing sign per commercial building may be allowed, provided that the sign contains no more than two sides, the aggregate square footage of all signs on each side shall not exceed 12 square feet per side, and that the total height and width of the sign structure shall each not exceed five feet.

b. Wall signs. Wall signs may be used in any number or combination on the front of the building, provided that the aggregate square footage of all signs does not exceed the maximum allowable area of permanent signage, said area to be directly proportional on a one-to-one basis to the ground floor linear building frontage of the building footprint in which the business is located.

c. Projecting signs. Projecting signs shall have no more than two faces and may extend no more than six feet beyond the surface to which it is affixed. No more than one projecting sign is allowed for each entrance door to a business establishment, regardless of the number of businesses that the establishment serves. The bottom of the sign shall be at least eight feet above ground level, and shall conform to all other applicable provisions of this Section.

d. Portable A-frame signs. A maximum of one is permitted per business, provided that it does not constitute a safety hazard or impede vehicular or pedestrian traffic and that it is not located within a sidewalk or other public right-of-way. Portable A-frame signs or sandwich boards must be taken in at closing time and cannot exceed six square feet in area on a side, and shall contain a maximum of two sides. All A-frame signs must conform to the provisions of these regulations, except menu boards, which may be made from slate or similar material with free-hand lettering in chalk describing daily specials are permitted.

e. Restaurant menu boards:

(1) Only one per establishment;

(2) Can be building/wall mounted, or free-standing;

(3) Maximum frame size is 30 inches high, and

(a) Three menu width - 40 inches maximum width, or

(b) Two menu width - 30 inches maximum width, or

(c) One menu width - 20 inches maximum width.

(4) Can be internally illuminated with fully concealed lighting;

(5) Can include the name of the establishment at the top of the frame; and

(6) Would not be required to be included in sign area calculations.

3. Combination. Property owners may, if approved, use a combination of a free-standing sign, a projecting sign, and/or a wall sign, provided that the total square footage of the signs does not exceed the maximum allowable area described in the previous paragraph, and provided that the signs meet all other requirements set forth in this Section.

4. Corner sites. On a building with secondary frontage on a corner or that has a side that faces an open area, signage is allowed on those secondary sides, and the total signage may be computed separately for each side.

5. Setback requirements. The location of any free-standing sign shall be on the establishment property and shall be shown on a site plan, drawn to scale, which shall be submitted as part of the application process. The site plan will be reviewed to ensure that the sign will not materially impede vision or obstruct access to or from any public street, sidewalk, driveway, off-street parking or loading facility or any other access required by these regulations, due to the sign's placement, illumination, direction, or other relevant considerations.

D. Non-conforming signs. Any sign lawfully existing at the time of this Ordinance shall be considered a legal non-conforming sign. Such legal non-conforming signs may continue provided that no legal non-conforming sign shall be enlarged, reworded (other than in the case of cinema or theater signs, redesigned or altered in any way except to conform to the provision of this Section. Re-painting of a Non-Conforming sign is allowed as long as the sign design and color does not change. Changing a sign's logo does constitute a change in the sign design, and in the case of an existing Non-Conforming sign, will require compliance with this Ordinance.

E. Alterations or relocation of signs. No sign, whether previously approved or considered a legal nonconforming use, shall be altered in any manner to include changes in graphics, font, color, brackets or posts without obtaining a permit therefore, in compliance with this Ordinance. Changes in wording may be made without application provided changes are in keeping with the existing design and graphics.

F. Permit procedure. Any persons intending to erect, relocate or alter any sign shall, except as otherwise provided in this Section, make application to the Building Official.

1. The Historic District Commission shall review all applications for all sign permits within the Historic District. For those signs outside the Historic District, the Building Official may request an advisory opinion from the Historic District Commission. The Zoning Board of Review may request an advisory opinion from the Historic District Commission on all applications concerning signs. It shall be one of the purposes of the Historic District Commission to work with an applicant in an effort to encourage signs that will be:

a. In conformance with these regulations;

b. Compatible with the buildings, their surroundings and the area where the sign is to be located;

c. Informative, legible and that will serve to preserve and improve the appearance of the Island and unique historic character of the Town as a whole; and

d. Consistent with generally accepted professional standards governing the practice of historic preservation, graphic design, architecture and advertising.

G. Exemption. The following signs shall be allowed within the Town without the necessity of obtaining a Certificate of Appropriateness or a sign permit. Non-compliance with the terms set forth below shall cause such a sign to forfeit its exempt status and require the owner to follow the permit procedure set forth in this Ordinance. Exempt signs must conform to all other provisions of the Section.

1. One non-illuminated sign which shall not exceed four square feet in area and which shall be located no closer than 10 feet from the property line.

2. The following signage customary and necessary to the operation of filling and service stations: lettering or other insignia which are a structural part of a gasoline pump or lighting fixture consisting only of a brand name, lead-warning sign and other signs as required by law;

3. Window signs that denote hours of operation, dress requirements and temporary signs that do not violate any lettering or lighting methods contained in this Section and that do not cover more than 10% of the total window space;

4. Professional nameplate on a door or directory signs adjacent to the entrance door which does not exceed eight inches by 20 inches per business;

5. Flags of all nations, states, counties, towns and cities when flown in compliance with the United State flag code;

6. Historical marker signs, which comply to the provisions of this Ordinance and to provisions adopted by the Historic District Commission;

7. Signs identifying property owner or name of property or road, provided sign is no larger than two square feet.

8. Signs and Flags that spell "OPEN", are limited to one per business, as long as they are visible only during business hours.

9. Directional signs or tourist informational signs placed by the Town of New Shoreham.

10. Temporary banners promoting community events provided they are not displayed more than 10 days prior to the event and are removed within two days after the event and are temporarily affixed to a permanent structure.

H. No limitation based on content. Notwithstanding anything contained in this § 504 to the contrary, no sign or sign structure shall be subject to any limitation based on the content or viewpoint of the message contained on such sign or displayed on such sign structure. This limitation does not apply to: signs that are defamatory; signs that contain obscenity; pornographic signs; signs that convey fighting words; and signs that contain deceptive commercial messages.

I. Severability. The provisions of this § 504 are severable. In the event that any part of this Section is declared invalid, unlawful or unconstitutional by a court of competent jurisdiction, any such declaration shall not affect the remainder of this Section.

§ 505 Uses Involving Toxic or Hazardous Materials.

A. Purpose. These regulations are intended to protect the groundwater underlying the Island since it is the sole source of the Town's existing and future drinking water and is integrally connected with and flows into the surface waters, ponds, streams and coastal estuaries which constitute significant recreational and economic resources of the Town, and since accidental spills and discharges of petroleum products, other toxic and hazardous materials, and sewage threaten the quality of such groundwater and related water resources. The sole source aquifer condition of the Island calls for stringent means to insure the purity of the water system and its watershed.

B. Use Regulations.

1. Any use otherwise permitted as of right which involves the manufacture, storage, use, transportation or disposal of toxic or hazardous materials as well as any use permissible by Special Use Permit which involves toxic or hazardous materials, shall conform to the applicable provisions of Article 4, Standards for Uses Allowed by Special Use Permit, and to the requirements of this Section. Such uses include but are not limited to: municipal sewage treatment facilities with on-site disposal of primary or secondary treated effluent, road salt stockpiles, and any other use which involves the manufacture, storage, use, transportation or disposal of toxic or hazardous materials including but not limited to automotive service and repair, dry cleaning, electronic circuit assembly, metal plating, painting, wood preserving and furniture stripping, pesticide and herbicide application, photographic processing, printing.

2. Applicability. This Section shall not apply to uses involving toxic or hazardous materials in quantities associated with normal household use, maintenance or repair, and shall be exempt from this Section.

C. Requirements.

1. Water Quality. Groundwater quality resulting from on-site waste disposal and other on-site operations shall not fall below state or federal standards for drinking water at the down gradient property boundary (5 ppm concentration of nitrate-nitrogen and other relevant chemicals under the Federal Safe Drinking Water Standards).

2. Safeguards. Provision shall be made to protect against toxic or hazardous materials discharge or loss resulting from corrosion, accidental damage, spillage or vandalism through measures such as: prohibition of underground fuel storage tanks; spill control pro-visions in the vicinity of chemical or fuel delivery points; secured storage areas for toxic or hazardous materials; and indoor storage provisions for corrodible or dissolvable materials. For operations which allow the evaporations of toxic or hazardous materials into interiors of any structures, a closed vapor recovery system shall be provided for each such structure to prevent discharge of contaminated condensate into the groundwater.

3. Disposal. For any toxic or hazardous wastes to be produced in quantities greater than those associated with normal household use, the applicant must demonstrate the availability and feasibility of disposal methods which are in conformance with accepted state/federal standards.

4. Drainage. All run-off from impervious surfaces shall be recharged on the site, diverted towards areas covered with vegetation for surface infiltration to the extent possible. Dry wells shall be used only where other methods are not feasible and shall be preceded by oil, grease, and sediment traps to facilitate removal of all contaminants.

5. Risk Analysis. No use shall be approved which creates a risk to groundwater quality. Risk shall be determined by weighing the simplicity, reliability and feasibility of the control measures proposed against the degree of threat to water quality which would result if the control measures failed.

D. Special Procedures.

1. Review. All proposals governed by this Section shall be subject to Development Plan Review by the Planning Board. The Planning Board shall transmit application material to the Conservation Commission for its review and comment, and such comment shall be considered by the Planning Board if submitted to it in writing within 45 days of receipt by the Conservation Commission.

2. Submittals. In applying for a Special Use Permit required by this Section, the information listed below shall be submitted:

a. A complete list of all chemicals, pesticides, fuels and other potentially toxic or hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use, accompanied by a description of measures proposed to protect all storage containers/facilities from vandalism, corrosion and leakage, and to provide for control of spills.

b. A description of potentially toxic or hazardous wastes to be generated, indicating storage and disposal methods.

c. Projections of down-gradient concentrations of nitrogen and other relevant chemicals (e.g., Federal Safe Drinking Water Standards chemicals) at property boundaries and other locations deemed pertinent by the Zoning Board of Review. Projections shall be based upon appropriate groundwater models and guidelines available at the Town Hall and from the Conservation Commission.

§ 506 Onsite Wastewater Treatment Systems (OWTSs).

[Ord. of 8-17-2011]

A. Findings and Purpose.

1. Findings. The provisions of this Ordinance are based upon the following findings.

a. New Shoreham's groundwater and surface water provide important natural and recreational resources, the protection of which is vital to the Island's economic and environmental well-being.

b. In 1984, The United States Environmental Protection Agency (USEPA) designated all of New Shoreham a Sole Source Aquifer (SSA) under the authority of the Safe Drinking Water Act. Certain land uses, and improperly functioning Onsite Wastewater Treatment System (OWTS) poses a threat to the quality and quantity of the Sole Source Aquifer.

c. Block Island's aquifer is integrally connected with surface waters, streams, wetlands, the coastal ponds and the Island's limited potable water supply. Groundwater generally flows towards and discharges to streams and ponds. Damage to any one component of this system could result in damage to another.

d. Location of an OWTS in close proximity to wetlands and waterbodies or in constrained soils such as those with high water tables, seasonal flooding, and excessive or restrictive permeability, negatively affects the ability of an OWTS to treat wastewater.

e. An OWTS, when improperly designed, installed, maintained or located may contaminate surface water and groundwater.

f. Contamination of the aquifer and related surface water poses a serious threat to the health, safety and financial well being of the Town.

g. According to the United States Geological Survey (USGS) report 94-4096 as amended, Hydrogeology and Water Resources of Block Island, RI, water conservation and protection on the Island is of vital importance. Availability of fresh drinking water depends on:

(1) Number, location, depth and pumping rate of wells;

(2) Volume of groundwater discharged to the ocean by the wastewater treatment facility;

(3) Volume and distribution of water discharged by an OWTS;

(4) Effect of OWTSs and other land uses on groundwater and surface water quality.

h. Water treated by the wastewater treatment facility is discharged offshore and is presently unavailable for recharging the Island's water supplies.

i. The Comprehensive Plan states that any capacity expansions of the Town's wastewater treatment facility should be used to support the land use objective of a compact town center. Outside of the town center OWTSs will continue to be the principal means of wastewater management.

j. The Town Comprehensive Plan establishes a water quality protection goal of maintaining existing high water quality for maximum protection of the Island's limited water supplies and vulnerable unique natural habitat.

k. In areas outside of the designated sewer area, OWTS maintenance, repair or replacement of a failing OWTS, water conservation, waste flow reduction measures, use of site appropriate, enhanced on-site wastewater treatment and land use and buffer requirements, all help to make OWTSs an efficient and environmentally sound method of wastewater treatment. Enhanced on-site wastewater treatment also results in less site disturbance, a goal of the New Shoreham Comprehensive Plan.

l. Even properly functioning OWTSs, in soils typical of Block Island, remove only an estimated 10 to 20% of associated nitrogen. Excess nitrates contaminate drinking water and may indicate the presence of other contaminants. In salt water nitrogen results in habitat loss through the destruction of eel grass beds and eutrophication. Poorly flushed estuarine coves exacerbate the nitrogen problem.

m. Water Quality Impacts of Changing Land Use on Block Island (URI Cooperative Extension, 1996), assesses potential changes in pollutant inputs given projected growth. This study also demonstrates the beneficial impact of various wastewater management options. It demonstrates that existing water quality can be maintained only if there is enhanced treatment of the OWTS effluent for certain areas of existing and future construction.

n. In recent years, OWTS technology for enhanced treatment of wastewater has progressed rapidly, providing for improved and cost-effective nutrient and pathogen removal. Enhanced treatment is needed to reduce nitrogen in wastewater and to enhance pathogen removal, particularly in high water table areas and areas with either excessively permeable or slowly permeable soils.

o. Innovative dispersal trench options such as shallow, pressurized dispersal trenches into which treated wastewater is discharged provide additional cost-effective opportunities for nutrient and pathogen removal in biologically active near-surface soils and require minimal site disturbance.

2. Purpose. The uses and regulations contained in this section of the Ordinance are intended to protect the health, safety and general welfare of the of the Town's residents and visitors and to prevent any degradation to New Shoreham's surface water or groundwater. This will help to ensure adequate effluent treatment by controlling pathogen and nutrient inputs to public and individual wells, shellfish beds, groundwater and surface water. It establishes minimum standards for the proper location, design, construction and maintenance of onsite wastewater treatment systems (OWTSs) used for the treatment and dispersal of wastewater. Together with the Wastewater Management Ordinance it will facilitate proper OWTS design, location and maintenance, help to prevent OWTS failure, extend system longevity and reduce long-term repair costs. As per G.L. 1956, § 45-24-30 the methods of protection recognize:

a. The natural characteristics of the land, including its suitability for use based on soil characteristics, topography and susceptibly to surface water and groundwater pollution;

b. The values of unique or valuable natural resources and features;

c. The availability and capacity of existing and planned public and/or private services and facilities;

d. The goals and patterns of land use contained in the New Shoreham Comprehensive Plan.

B. Authority. The Town of New Shoreham, in recognizing its authority to adopt requirements that are more restrictive than the Rhode Island Department of Environmental Management (RIDEM or Department) "Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems" (OWTS Rules) as promulgated by the RIDEM, in accordance with G.L. 1956, § 42-17.1-2 and The Rhode Island Zoning Enabling Act, G.L. 1956, § 45-24, hereby establishes the following requirements. These requirements shall be considered an addition to, and not a replacement for, the referenced OWTS Rules and any subsequent amendments thereto.

C. 

Definitions. Any term not defined herein, shall be governed by the definition as it appears in the current OWTS Rules.

ALTERNATIVE OWTS COMPONENT

Any part of an OWTS that does not meet the design or construction requirements as provided by the OWTSs Rules, but has been demonstrated through field testing, calculations and other engineering evaluations to be equal to, or provide the equivalent performance of any part of an OWTS within the OWTSs Rules or to enhance or facilitate treatment, maintenance, longevity or efficiency of an OWTS, and for which a certification from RIDEM has been issued.

ALTERNATIVE TECHNOLOGY

Any OWTS technology for which design parameters are not specified in the OWTSs Rules, but has been demonstrated through field testing, calculations and other engineering evaluations to comply with performance standards consistent with the OWTSs Rules, and for which a certification from RIDEM has been issued.

APPLICANT

The owner or owners of the property or easement that is the subject of the application, or the person who holds a valid purchase and sales agreement for said property.

AREA SUBJECT TO STORM FLOWAGE

Drainage swales and channels which lead into, out of, pass through, or connect other watercourses, and which carry flows resulting from storm events but may remain relatively dry at other times.

BEDROCK

Rock, commonly called ledge, that forms the earth's crust. Bedrock includes rotten rock.

BEDROOM

Any room in a residential structure which is greater than 70 square feet in area, which is susceptible to present or future use as a private sleeping area and which satisfies all of the following requirements:

(1) Has at least one window that meets the 4.4 square foot minimum size and all other requirements of the "Rhode Island State Building Code SBC-1 or SBC-2";

(2) Has at least one interior method of entry and egress, excluding closets and bathrooms, allowing the room to be closed off from the remainder of the residence for privacy; and

(3) Is a heated living space that is unrestricted for year-round use. Rooms located below grade that are not recognized as bedrooms by the "Rhode Island State Building Code SBC-1 or SBC-2" are not recognized as bedrooms under this ordinance.

BLACKWATER

Liquid and solid human body waste and the carriage waters generated through toilet usage.

BUILDING SEWER

The pipe that begins outside the building foundation wall and extends to the septic tank, the pipe that begins outside the building foundation wall and extends to the grease tank, the pipe from a grease tank to a septic tank, or the pipe carrying laundry wastes directly to a leachfield.

CESSPOOL

Any buried chamber, including, but not limited to, any perforated metal tank, perforated concrete vault or covered hollow or excavation, which receives discharges of wastewater from a building sewer for the purpose of collecting solids and discharging liquids to the surrounding soil. As of December 31, 2005, the use of a cesspool is prohibited.

CHANGE OF USE

Any change in use or occupancy of any structure or part thereof which would violate any provision of the Rhode Island State Building Code, G.L. 1956, ch. 23-27.3, as amended, or any regulation promulgated thereto without first obtaining a certificate of occupancy indicating that the structure complies with the provisions of the state building code for the proposed new use. Change of use shall also be held to mean a conversion of a seasonally used structure to a structure for year-round use.

COASTAL SHORELINE FEATURE

A part of the shore as categorized by the State of Rhode Island Coastal Resources Management Program using the following categories: coastal beaches; barrier islands and spits; coastal wetlands; coastal headlands, bluffs and cliffs; rocky shores; manmade shorelines; and dunes.

COMPOST TOILET

Any self-contained toilet from which no liquid or solid waste materials are regularly discharged and from which a humus-like end product is produced.

DEPARTMENT OR RIDEM

The Rhode Island Department of Environmental Management.

DIRECTOR

The Director of the Rhode Island Department of Environmental Management or any subordinate(s) to whom the Director has delegated the powers and duties vested in him/her pursuant to G.L. 1956, chs. 46-12 and 42-17.1, as amended, or any other duly authorized Agent.

DISPERSAL TRENCH

A shallow ditch with vertical sides, filled with stone, in which a single perforated distribution line or other suitable distribution device is laid and over which a cover of earth is placed.

DISTRIBUTION BOX

A watertight compartment that receives effluent and distributes it in approximately equal portions to two or more distribution lines leading to some type of leachfield.

DISTRIBUTION LINE

The imperforated and perforated pipe or other suitable distribution device used to disperse effluent that extends from the distribution box.

DOSING

The pumped or regulated flow of wastewater.

EXPERIMENTAL TECHNOLOGY

Any OWTS technology that does not meet the location, design or construction requirements as provided by these Rules, but has been demonstrated in theory to meet the requirements of these Rules and may not be in use in Rhode Island or elsewhere as an approved technology for wastewater treatment.

FAILED OWTS

Any OWTS that does not adequately treat and disperse wastewater so as to create a public or private nuisance or threat to public health or environmental quality, as evidenced by, but not limited to, one or more of the following conditions:

(1) Cesspools are not an approved method of wastewater disposal under the OWTSs Rules and this Ordinance. All existing cesspools are considered to be substandard wastewater treatment systems. As of December 31, 2005, the use of a cesspool is prohibited, and shall be considered a failed system.

(2) Failure to accept wastewater into the building sewer;

(3) Discharge of wastewater to a basement; subsurface drain; stormwater collection, conveyance, or treatment device; or watercourse unless expressly permitted by the Department;

(4) Wastewater rising to the surface of the ground over or near any part of an OWTS or seeping from the absorption area at any change in grade, bank or road cut;

(5) The invert of the inlet or the invert of the outlet for a septic tank, distribution box, or pump tank is submerged;

(6) Pumping of the septic tank is required more than two times per year;

(7) OWTS is shown to have contaminated a drinking water well or watercourse;

(8) If a septic tank, pump tank, or distribution box is pumped and groundwater seeps into it; or

(9) Any deterioration, damage, or malfunction relating to any OWTS that would preclude adequate treatment and dispersal of wastewater.

(10) Excessive solids are evident in the distribution box or distribution lines.

FINANCIAL SURETY

A general obligation bond, revenue bond, performance bond, or any other type of financial guaranty, in fully marketable form, as evidence to the commitment of the construction of a sewer project.

FLOODPLAIN

That land area adjacent to a river or stream or other body of flowing water which is, on the average, likely to be covered with flood waters resulting from a 100-year frequency storm. A 100-year frequency storm is one that is to be expected to be equaled or exceeded once in 100 years; or may be said to have a 1% probability of being equaled or exceeded in any given year. Rainfall intensity data for a 100-year frequency storm are those established for New England locations by the National Weather Service.

FOUNDATION DRAIN

Any mechanical or gravity drainage system, including all porous media installed to facilitate drainage, that lowers the groundwater elevation beneath a building foundation and which has an outlet for the collected groundwater.

FRESHWATER WETLAND

Is defined as set forth in G.L. 1956, § 2-1-20(4), as amended, and as further defined by the Department's "Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act." The term shall further be held to include those wetland types defined by the remainder of G.L. 1956, § 2-1-20 and the wetland regulations, including, but not limited to: marshes, swamps, bogs, ponds, rivers, river and stream floodplains and banks, areas subject to flooding or stream water, including rivers and streams, and that area of land within 50 feet of the edge of any bog, marsh, swamp or pond or that area within 100 feet of a flowing body of water less than 10 feet wide or that area within 200 feet of a flowing body of water greater than 10 feet in width.

GRAYWATER

Wastewater drained from sinks, tubs, showers, dishwashers, clothes washers, and other non-toilet sources.

GROUNDWATER TABLE

The upper surface of the zone of saturation in an unconfined aquifer; includes a perched groundwater table.

HOLDING TANK

A closed watertight structure used to contain wastewater prior to being removed from the premises. A holding tank does not discharge wastewater to the surface of the ground or to the subsurface.

HUMAN TRANSPORTED MATERIAL

Any materials, other than those emplaced pursuant to the OWTS Rules, including but not limited to artifacts, organic materials, soil, rock, or sediment moved horizontally by directed human activity.

INVERT

The lowest portion of the interior of a pipe or fitting.

LARGE CAPACITY CESSPOOL

A cesspool that serves any non-residential facility that has the capacity to serve more than 20 people per day or serves any multi-family residence or apartment building. As of December 31, 2005, the use of a large capacity cesspool is prohibited.

LARGE ONSITE WASTEWATER TREATMENT SYSTEM

An OWTS that meets any of the following:

(1) Any single OWTS designed to treat 5,000 gallons or more per day;

(2) Multiple OWTSs for any project on one or more parcels of land, excluding residential subdivisions, where the total design flow for the project is 5,000 gallons or more per day; or

(3) All OWTSs serving more than one unit in a residential subdivision, provided that the total design flow of these OWTSs, each serving more than one unit, is 5,000 gallons or more per day.

LEACHFIELD

A group of one or more dispersal chambers or trenches designed for the final treatment and dispersal of wastewater into the underlying soil. The leachfield shall be held to mean the horizontal and vertical lines circumscribing the outermost edges including the area between the chambers or trenches and the depth to the bottom of stone.

LINEAR LOADING RATE

The loading rate per linear foot of leachfield (gallons per day per linear foot) along the land's contour.

MAINTENANCE

The regular cleaning of any concrete chamber, cesspool, septic tank, building sewer, distribution lines or any other component of an OWTS for the purpose of removing accumulated liquid, scum or sludge. The term, "maintenance," shall also be held to include regularly required servicing or replacement of any related mechanical, electrical, or other component equipment.

NITROGEN REDUCING TECHNOLOGY

A wastewater treatment technology that is accepted by the Department as capable of reducing the total nitrogen concentrations by at least 50% and meeting an effluent concentration of less than or equal to 19 mg/l.

ONSITE WASTEWATER TREATMENT SYSTEM (OWTS)

Any system of piping, tanks, dispersal areas, alternative toilets or other facilities designed to function as a unit to convey, store, treat or disperse wastewater by means other than discharge into a public sewer system.

ORIGINAL GROUND

Those soils that have been deposited or developed by natural processes, excluding storm deposited sand in the backdune environment.

OWNER

Any person who holds legal title to any real property; or has possession or control of any real property through any agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of a holder of a legal title. Each such person is bound to comply with the provisions of these Rules.

PERSON

Any individual, group of individuals, firm, corporation, association, partnership or any federal, state or municipal governmental entity.

PRIVATE DRINKING WATER WELL

Any manmade opening into the ground developed for the purpose of meeting a person's current potable drinking water needs provided said well does not supply a public water system. This definition shall include proposed private drinking water wells on an applicant's property and on other properties with an approved OWTS permit. Wells serving non-potable or non-drinking water needs are not considered private drinking water wells under either this Ordinance or the OWTS Rule. A well on a property that is served by a public water system is not considered a private drinking water well under the OWTSs Rule.

PROBE

Any exploratory test employing a driving rod, tool or other device to establish the depth of bedrock.

PUBLIC DRINKING WATER SUPPLY WELL OR PUBLIC WELL

Any manmade opening into the ground developed for the purpose of meeting all or part of a public water system needs.

PUBLIC WATER SYSTEM

Any water system that provides piped water to the public for human consumption, provided that such system has at least 15 service connections or serves an average of 25 individuals daily at least 60 days out of the year. A public water system shall include all sources and facilities involved in collecting, treating, storing and distributing the water.

PUMP TANK

A watertight structure equipped with one or more pumps designed to discharge wastewater intermittently into a leachfield.

REPAIR

Any work performed on an OWTS in order to mend or renovate a specific defect or deficiency after the failure, injury, deterioration or partial destruction of a previously existing OWTS or component thereof. A repair shall include any upgrade or modernize of an OWTS (e.g., replacement of cesspool). A repair shall not include any work performed on an existing OWTS that increases the flow capacity of the system.

RESIDENCE

Any structure used for housing purposes, including, but not limited to, single or multiple family dwellings, duplexes, tenements, apartment buildings, residential condominiums, mobile homes, recreational vehicles or trailers.

RESTRICTIVE LAYER

A soil horizon that is assigned to a soil category 10 as defined in Rule 15.11 of the OWTS Rules.

ROTTEN ROCK

Any decomposed but still coherent rock. Rotten Rock is greater than 50% coherent rock and lies above equal or more coherent rock.

SEASONAL HIGH GROUNDWATER TABLE

The elevation of the groundwater table during that time of the year at which it is highest as determined by direct observation or by interpretation of hydromorphic features in the soil profile.

SEPTAGE

Any solid, liquid or semi-solid removed from septic tanks, cesspools, privies, domestic wastewater holding tanks or other similar onsite wastewater treatment systems.

SEPTIC TANK

A watertight receptacle which receives the discharge of wastewater from a building sewer, and is designed and constructed to permit the deposition of settled solids, the digestion of the matter deposited, and the discharge of the liquid portion into the next treatment component or distribution box.

SEPTIC TANK EFFLUENT PIPE

The gravity-flow pipe that begins at the outlet of the septic tank or other treatment tank and extends to the next treatment component or distribution box.

SINGLE-SERVICE ARTICLES

Tableware, carry-out utensils, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed for use one time by one individual.

STORM DRAIN

Any pipe or structure designed to collect, carry and divert surface water runoff.

STRUCTURE

Any residence (as defined herein), building, garage, shack, trailer or other permanent or semi-permanent facility, whether commercial or non-commercial in use, which is proposed to be placed or has been built or otherwise placed on a parcel of real property.

SUBSURFACE DRAINS

Any system of below surface piping or highly permeable material intended to lower the groundwater table of an area, and which has an outlet to the surface for the collected groundwater.

TEST HOLE

Any excavation in the proposed leachfield area to collect information on the soil profile, depth to a restrictive layer or bedrock, depth to seasonal high groundwater table or any other applicable field information.

TIPPING DISTRIBUTION BOX

A type of distribution box where the effluent from the septic tank flows into a tipping pan, which when full, empties into the leachfield lines, thereby facilitating a more uniform distribution of effluent over the entire leach field.

TRIBUTARY

Any flowing body of water or watercourse that provides intermittent or perennial flow to down-gradient watercourses that eventually discharge to the waters of concern (e.g., reservoir impoundment or salt pond).

TRIBUTARY WETLAND

Freshwater wetlands within a watershed that are connected via a watercourse to the waters of concern (e.g., drinking water supply impoundment or coastal wetland or tidal waters).

WASTEWATER

Human or animal excremental liquid or substance, putrescible animal or vegetable matter or garbage and filth, including, but not limited to, water discharged from toilets, bath tubs, showers, laundry tubs, washing machines, sinks, and dishwashers. Both blackwater and graywater are considered wastewater under these Rules.

WATERCOURSE

Any river, stream, brook, pond, lake, swamp, marsh, bog, fen, wet meadow, area subject to storm flowage, or any other standing or flowing body of water, including such watercourses that may be affected by the tides.

WELLHEAD PROTECTION AREA

The area as designated by the Director in the RIDEM "Rules and Regulations for Groundwater Quality" surrounding a public well or wellfield through which water will move toward and reach such well or wellfield.

D. Regulations.

1. Given the findings in Subsection A above, in particular Block Island's SA water quality designation, the benefits and cost-effectiveness of enhanced wastewater treatment, and the fact that Block Island's groundwater and surface water are integrally connected with each other, the following shall apply:

a. It is the applicant's responsibility to ensure that the OWTS application to the Department is in compliance with this Ordinance regarding the location, design, construction and maintenance of an OWTS prior to submission to the Department. The OWTS application to the Department must be reviewed by the Building Official or their designee and/or the Sewer Commission for compliance with this Ordinance prior to RIDEM initiating its review. Applicants must submit documentation to RIDEM on forms approved by RIDEM that the Town of New Shoreham has certified that the OWTS application is in compliance with this Ordinance.

[Amended 5-3-2022 by Ord. No. 2022-04]

b. The use of on-site wastewater treatment that meets or exceeds the design and performance standards in Subsections E and F of this Section shall be required for all new OWTS installations, OWTS alterations and major repairs, except as noted in Subsection C.

c. To help locate and facilitate the inspection, maintenance and pumping of a septic tank and ultimately to increase the longevity of the OWTS, all septic tanks installed, repaired or altered after the effective date of this Ordinance, shall be equipped with access risers to grade located at the inlet and outlet ends of the septic tank and an effluent filter located at the outlet end of the septic tank. These access risers shall be a minimum of 20 inches in diameter. These items shall be installed in accordance with specifications available from the Building Official or their designee and/or the Sewer Commission.

[Amended 5-3-2022 by Ord. No. 2022-04]

d. For all septic tanks installed after the effective date of this Ordinance, the manufacturer must provide a written warranty that the tank to be installed has been constructed and tested in accordance with the American Society for Testing and Materials (ASTM) standard C-1227-02. In addition, tanks must be tested on-site and a written guarantee provided by the installer that the tank is water-tight. The accepted procedure for site-testing tanks as water-tight shall be performed in accordance with Rule 26.11 of the OWTS Rules.

e. To help locate and facilitate the inspection and maintenance of a tipping distribution box and ultimately to increase the longevity of the OWTS, all tipping distribution boxes installed, repaired or altered after the effective date of this Ordinance, shall be equipped with an access riser brought to finished grade. The access riser shall be a minimum of ten-inch diameter. The access riser shall be installed in accordance with specifications available from the Building Official or their designee and/or the Sewer Commission.

[Amended 5-3-2022 by Ord. No. 2022-04]

2. Effluent Filters and Inspection Ports. To help locate and facilitate the inspection, maintenance and pumping of a septic tank and ultimately the longevity of the OWTS, all septic tanks installed prior to the effective date of this Ordinance shall, when determined technically feasible by the Building Official or their designee, be retrofitted with an effluent filter and access risers. The effluent filter shall be located at the outlet end of the septic tank and the access risers shall be located at grade at the inlet and outlet ends of the septic tank. These items shall be installed in accordance with the specifications available through the Building Official or their designee and/or the Sewer Commission.

[Amended 5-3-2022 by Ord. No. 2022-04]

a. To help locate and facilitate the inspection and maintenance of a tipping distribution box and ultimately the longevity of the OWTS, all tipping distribution boxes installed prior to the effective date of this Ordinance shall, when determined technically feasible by the Building Official or their designee, be retrofitted with an access riser. The access riser shall be installed in accordance with the specifications available through the Building Official or their designee and/or the Sewer Commission.

[Amended 5-3-2022 by Ord. No. 2022-04]

3. Cesspools. Cesspools are not an approved method of wastewater disposal under the OWTSs Rules and this Ordinance. All existing cesspools are considered to be substandard wastewater treatment systems. As of December 31, 2005, the use of a cesspool is prohibited, and shall be considered a failed system.

4. Deep concrete chambers (galleys), as described in Rule 34.4 of the OWTS Rule, are prohibited for OWTS Applications for New Building Construction and OWTS applications for Alterations to a Structure. Deep concrete chambers will not be permitted except for OWTS applications for Repair when no other type of leachfield can be utilized. The licensed designer must demonstrate that the repair alternatives to a deep concrete chamber are not feasible.

5. Alternative toilets, such as composting toilets, as described in Rule 36 of the OWTS Rules are prohibited, for use at a private dwelling, commercial facility, or any other structure; except, composting toilets may be permitted at a facility which is operated by the Town of New Shoreham, or a non-profit environmental, conservation, historical, or youth oriented organization when water is not regularly used at the facility.

6. All OWTS shall be maintained in accordance with the provisions of the Town of New Shoreham Wastewater Management Ordinance. Maintenance contracts shall be required on any system with mechanical components such as pumps, timers and alarms.

7. An OWTS shall be located on the same lot as the structure it serves, except when a system approved by the RIDEM is (1) also approved in a Flexible Design Residential Development or Land Development Project where approved by the Planning Board as part of the utilities plan for the development; or (2) where a wastewater treatment system serving two or more houses is proven necessary to remediate failed systems.)

8. When existing sewer lines are available and when connection to the sewers is in conformance with the Land Use and Facility Goals of the New Shoreham Comprehensive Plan, all new development shall be serviced by the municipal sewer system.

9. In order to ensure proper treatment of wastewater, an OWTS must be sized to handle the number of persons living in the house as calculated using RIDEM OWTS Rules and standards. This includes properties that are rented in excess of one week per year.

10. Wherever lot size and configuration permit, there shall be maintained a 150-foot setback from any new OWTS to any freshwater wetland as defined in Rule 7 of the OWTS Rules. The term wetland excludes from the definition, the land area within 50 feet of any freshwater wetland, defined by RIDEM as the perimeter wetland and commonly referred to as the wetland buffer zone. Likewise, there shall be maintained a 150-foot setback from any new OWTS to the inland edge of coastal feature of any salt marsh or other tidal wetland or waterbody.

11. Wherever lot size and configuration permit there shall be maintained a 200-foot setback from an OWTS to Sands Pond, Fresh Pond and Peckham Pond or any contiguous freshwater wetland (excluding from the definition, the land area within 50 feet of any freshwater wetland, defined by RIDEM as the perimeter wetland and commonly referred to as the wetland buffer zone). These ponds are identified in the Town of New Shoreham's map of the "Water Supply Reservoir Watersheds" as delineated by RIDEM for the RI Geographical Information Systems.

12. Buffer and/or setback requirements, at a minimum, shall be those established by RIDEM or CRMC as applicable.

13. On those parcels where the setbacks required in 10 and 11 above would preclude the construction of the dwelling or other principal structure and associated OWTS, the licensed OWTS designer must prepare a "Cumulative Impact Assessment" of the deviations from this Ordinance and submit it to the Building Official along with the deviation request. The Cumulative Impact Assessment shall include, but not be limited to: a description of all abutting properties identifying the location of all OWTSs, surface waters, wetlands, and private or public drinking water wells, a concise description of all variances and/or deviations granted in the permitting of these abutting OWTSs and any additional information which the Building Official may deem appropriate. The Cumulative Impact Assessment shall include a certification by the licensed OWTS designer that the OWTS has been located as far as possible from the wetland. The Building Official may submit the Cumulative Impact Assessment for review and advisory opinion to the Conservation Commission, the RI On-Site Wastewater Training Center, RIDEM, Town Engineer or other experts as deemed necessary. If the Building Official or their designee believes that there are no alternative and less detrimental locations for the OWTS, he shall approve it. Even if the Building Official or their designee believes that there are alternative and less detrimental locations for the OWTS, even if it means changing the proposed location of the house or other principal structure, the plan shall be amended to accommodate those suggestions or the applicant shall seek relief through a Special Use Permit.

[Amended 5-3-2022 by Ord. No. 2022-04]

14. For all new OWTSs with a maximum daily flow over 690 gallons or for subdivisions or land development projects where there is concern regarding the potential adverse impact of an OWTS on surface water and groundwater, the Zoning Board or Planning Board or Wastewater Management Inspector may require the applicant to submit an engineering report prepared by a professional engineer registered in the State of Rhode Island. The objective of the engineering report is to assess the potential impact of the proposed development on groundwater and surface water quality and to detail mitigative measures regarding the specific siting and design of an OWTS. The engineering report shall be required to demonstrate the capability of the proposed OWTS to accept and transmit effluent at the proposed application rate without failure or adverse effect to groundwater or surface water. Such analysis shall include the following:

a. Complete site evaluation, including results of soil morphological analysis, of percolation tests, record of groundwater monitoring, and location of any water course, wetlands, and any existing or proposed private well or drain within 500 feet and any existing or proposed public well within 3,000 feet of the proposed OWTS; and

b. Hydrogeologic assessment of the disposal area considering potential of pollutant loading to groundwater below the OWTS; and

c. Adequate scientific and technical evidence on how the proposed design will mitigate potential adverse impacts on the following:

(1) Public health;

(2) Any surface water; including the cumulative impacts of the system to the surrounding area;

(3) Groundwater;

(4) The ability of groundwater and surface water to support or maintain plant and wildlife as well as any designated water uses;

(5) Public use and enjoyment of any recreational resource; and

(6) Surrounding persons or property as potential cause of any public or private nuisance.

E. Performance Standards. All new OWTS installations, OWTS repairs and upgrades to an OWTS must conform to the following minimum performance standards. When necessary to further the purpose and intent of this Section, the Zoning Board of Review may require more stringent standards when granting a Special Use Permit.

1. All new OWTS installations, OWTS repairs and upgrades to an OWTS must conform, to OWTS Treatment Level 1 (T1) or to OWTS Treatment Level 2 (T2) standards, except as noted in Subsection c below.

a. T1. A conventional OWTS with the addition of a certified water-tight tank, an effluent filter at the outlet end of the septic tank, at finish grade access risers over the septic tank inlet and outlet. If a tipping distribution box is installed, the distribution box shall have a minimum ten-inch diameter access opening brought to finished grade.

b. T2. A level of OWTS that includes the improvements of T1 and reduced biochemical oxygen demand and total suspended solids, and removal of total nitrogen and/or fecal coliform as specified below:

(1) T2N. A type of T2 system that achieves a minimum total nitrogen removal of 50% or a reduction to 19 mg/l, and biochemical oxygen demand and total suspended solids each reduced to less than or equal to 30 mg/l; all as measured at the outlet of the treatment unit prior to discharge to a dispersal trench.

(2) T2C. A type of T2 system that reduces fecal coliform to less than or equal to 1,000 fecal coliform counts/100 ml and reduces biochemical oxygen demand and total suspended solids to less than or equal to 10 mg/l as measured at the outlet of the treatment unit prior to discharge to a dispersal trench.

c. Shallow Dispersal Trenches. In addition to the system improvements and wastewater specifications above, shallow dispersal trenches may be required on a case by case basis in T2 treatment areas, where the soil rating is high or extreme, where the system is in a wetland buffer or where other site constraints exist.

2. The required level of wastewater treatment shall be determined based on site-specific data using TABLE 1 and TABLE 2. TABLE 1 shall be used to assign a site vulnerability rating. TABLE 2 shall be used to assign an OWTS treatment level to a site (T1 or T2) by combining the vulnerability rating with the site's location in a given resource protection area.

a. When a site requires both T2N and T2C treatment levels, the OWTS designer shall, after consulting with the Town Wastewater Management Inspector, recommend either T2N or T2C as the more appropriate choice. This decision is to be approved by Town Wastewater Management Inspector or Building Official. As of January 17, 2001, if a variance is still required for a T2C system, then the Wastewater Management Inspector shall authorize a T2N.

3. There shall be no net increase in off-site run-off.

Table 1
Site Vulnerability for an Onsite Wastewater Disposal System
Town Of New Shoreham
	Site Characteristics
Critical Depth1	Depth to Seasonal High Water Table	Depth to Restrictive Layer and/or bedrock2	Depth to Water Table AND One of the Following: Restrictive Layer Or OWTS Soil Category 1 soils3
< 2 feet	Extreme, Repairs Only	Extreme, Repairs Only	Extreme, Repairs Only
2 feet to < 4 feet	High	Extreme, Repairs Only	Extreme, Repairs and New Construction
4 feet to 6 feet	Moderate	High	High
> 6 feet	Low	Moderate	Moderate

1.	All depths are measured from the original ground surface. Maps developed from the RI Geographic Information System (RIGIS) are available to show approximate depths to water table at 0 to 1.5 feet and 1.5 to 3.5 feet. Mapping is not available to show water table depths greater than 3.5 feet. These maps are to be used only as a planning tool. Actual measurements must be obtained from on-site date. In the event that critical depths for the various site characteristics overlap, the most restrictive shall apply.
2.	Restrictive layer and or bedrock are identified as category 10 soils in the RIDEM OWTS Rule.
3.	Excessively permeable soils and have the potential to contaminate groundwater due to limited pollutant removal capability with rapid drainage. Excessively permeable soils includes all highly permeable well drained soils (hydro group A) and other excessively permeable soil groups, as identified in the OWTS Rules as category 1 soils.

Table 2
OWTS Treatment for Resource Protection Areas
Critical Resources Island Resources
Town of New Shoreham1
	Critical Resources				Island Resources2
Site Vulnerability Rating	Peckham, Sands & Fresh Pond Reservoir Watersheds & Associated WHPA's	Other WHPA	Great Salt Pond Watershed	Wetland Buffers to Critical Resources3	Island Aquifers	Wetland Buffers
Extreme, Repairs Only	T2C	T2C	T2N	T2	T2	T2
High to Extrem	T2C	T2C	T2N	T2 & < 450 gpd & < 1880 square feet Dwelling	T1 or T24	T2
Moderate	T2C	T1	T1	T2 & < 450 gpd	T1	T15
Low	T2C	T1	T1	T2 & < 450 gpd	T1	T16

1.	Shallow dispersal trenches may be required in certain T2 areas where the soil rating is high or extreme, where the OWTS is in a wetland buffer or where other site constraints exist.
2.	In Island Resource Areas, where T2 treatment levels are stipulated either T2C or T2N system may be required, based on specific site characteristics.
3.	All T2 systems in wetland buffers to critical resources shall meet either a T2N or T2C treatment as specified for the watershed or wellhead area in which they are located.
4.	Where the water table depth is 4-6 feet and soil is excessively permeable and no other constraint exists to result in High Site Vulnerability Rating, T1 treatment may be allowed.
5.	A T1 treatment system may be permitted where the wetlands is only associated with open ocean waters.
6.	A T1 treatment system may be permitted where the wetlands is only associated with open ocean waters.

F. Design Standards. The following standards are designed to minimize soil compaction and vegetative disturbance, reduce run-off, maintain groundwater infiltration and ensure a high level of on-site wastewater treatment.

1. All OWTS must follow the design criteria for the treatment zone in which they are to be located. Acceptable technologies for OWTS Treatment Level 1 and Treatment Level 2 areas are on file with the Building Official or their designee and/or the Sewer Commission. This listing provides standards relative to the acceptability and suitability of various enhanced wastewater treatment technologies for various environmental conditions and geographical locations. It also provides criteria as to which subcategory of T1 or T2 treatment level shall be used. The Building Official or their designee and/or the Sewer Commission, in consultation with the Town Engineer, RIDEM and the Rhode Island On-Site Wastewater Training Center may periodically update this list to allow for advances in on-site wastewater technology.

[Amended 5-3-2022 by Ord. No. 2022-04]

a. An associated map of OWTS Treatment Level Zones for New Shoreham indicates whether Treatment Level 1 or Treatment Level 2 is likely to be required. The map, on file with the Building Official or their designee and/or the Sewer Commission, is for planning purposes only and is not a substitute for site specific information. The final decision relative to the required level of treatment will be based on location within a given watershed and site specific soil and water table information.

[Amended 5-3-2022 by Ord. No. 2022-04]

2. Limit of construction and disturbance shall be designated on all plans and marked in the field with staked hay bales or silt fencing.

3. In coastal areas, buffer management and/or design shall, at a minimum, follow the Coastal Resource Management Council's technical regulations as per § 150 of the RI Coastal Resource Management Plan, Adopted October 9, 2003.

4. To reduce the impacts of non-point source run-off and potential impacts to OWTS, driveways shall be constructed of permeable material. Run-off from all impermeable surfaces shall be discharged to grassed or wooded areas or landscaped retention areas for temporary storage and infiltration.

G. Special Use Permit.

1. The Zoning Board of Review may grant a Special Use Permit for the installation of an OWTS which cannot meet the regulations and standards of this § 506.

2. Any new OWTS or OWTS alteration to be located in an OWTS Treatment Level 2 Area which has a water table less than or equal to 2.5 feet or an restrictive layer at less than or equal to four feet shall obtain a Special Use Permit.

3. In order to obtain a Special Use Permit, the applicant must demonstrate to the Zoning Board's satisfaction, compliance with the criteria contained in § 401(A)(1-9)-General Standards for Special-Use Permits, the performance and design standards located in sections E and F of this Subsection, and submit an engineering report as described in § 14 of this Ordinance to address the following criteria:

a. The design of the OWTS, associated buffer and building site in general shall minimize the problems and hazards associated with proximity to a critical resource area, excessively permeable soils, high water tables and impermeable or highly compacted soil. Such problems and hazards include, but are not limited to, surface break out of effluent, inadequately treated wastewater being discharged into the groundwater, contaminants such as viruses, bacteria and nutrients migrating above compacted layers or in the groundwater towards water supplies and sensitive surface waters.

b. The system, once in use, will not pose a threat to the public health and safety nor cause any degradation of groundwater and/or surface water quality, including adverse effects due to cumulative impact.

c. In order to obtain relief from Subsections D and E, the applicant must also demonstrate that complying with the requirements of these Subsections would render the construction of the requested permitted use impossible.

d. The fact that the granting of a Special Use Permit would result in less expense to the applicant in implementing a permitted use shall not be used by the Zoning Board as a justification for granting the permit.

H. Technical Review. The Town may forward plans and related information submitted pursuant to this Section for review and comment to the Town Engineer, the RI On-Site Wastewater Training Center, or other experts as deemed necessary.

I. Severability. If any provision of this ordinance or any rule or determination made hereunder, or application hereof to any person, agency, or circumstances is held invalid by a court of competent jurisdiction, the remainder of this ordinance and its application to any person, agency, or circumstance shall not be affected thereby. The invalidity of any section or sections of this ordinance shall not affect the validity of the remainder of this ordinance.

(Entire § 506 was amended September 17, 2008)

§ 507 Archaeological Sites.

Archaeological sites, already identified or discovered in the course of development, shall be brought to the attention of the Rhode Island Historical Preservation Commission as follows:

A. Pre-Identified Sites. When archaeological sites are known to exist on a proposed development site, the Commission shall be notified prior to the commencement of any development on the site, which shall commence no sooner than 15 days from such notification. (See Great Salt Pond Archaeological District Map)

B. Discovered Sites. When archaeological sites are discovered in the course of development, the Commission shall be notified promptly and development shall cease for 15 days from the time of such notification.

§ 508 Wind Energy Conversion Systems (WECS).

[Amended December 7, 2009; added December 7, 2009]

A. Purpose. The purpose of this section is to provide for the development and use of wind power as an alternative energy source while protecting scenic values, protecting public safety, controlling noise levels, preventing electromagnetic interference, and interfacing effectively with the Island's electric utility.

B. Jurisdiction. WECS are allowed as follows:

1. As a permitted use in the RA Zone, RB Zone, RC Zone, RC/M Zone, M Zone, OHC Zone, NHC Zone and SC Zone, and as a permitted use only on Assessor's Plat 1 Lot 1-2 in the C Zone, provided all applicable location and general standards contained in this section are met.

2. As a Special Use Permit, under the provisions of subsection 508F below, in the RA Zone, RB Zone, RC Zone, RC/M Zone, M Zone, OHC Zone, NHC Zone, SC Zone whenever location and general standards as applicable cannot be met given the characteristics of the parcel in question.

3. As a Special Use Permit under the provisions of § 508G below (utility-sized WECS) in the PU Zone, and as a Special Use Permit only on (that portion of) Assessor's Plat 2 Lot 48-1 and Lot 39 in the C Zone.

C. Location Standards.

1. If the closest property line to the proposed WECS is within 225 feet, as measured from the central base of the proposed WECS, one WECS is permitted on the lot with a height from the existing grade to the center of the blade of no more than 30 feet each and with a blade diameter not exceeding nine feet each. The total rated generating power of the system may not exceed 1 kW as per manufacturer's specifications.

2. If the closest property line to the proposed WECS is more than 225 feet, as measured from the central base of the proposed WECS, a WECS is permitted on the lot with a height from the existing grade to the center of the blade of no more than 45 feet and with a blade diameter not exceeding 15 feet. The total rated generating power of the system may not exceed 3 kW as per manufacturer's specifications.

3. If the closest property line to the proposed WECS is more than 300 feet, as measured from the central base of the proposed WECS, a WECS is permitted on the lot with a height from the existing grade to the center of the blade of no more than 62 feet each and with a blade diameter not exceeding 25 feet each. The total rated generating power of the system may not exceed 10 kW as per manufacturer's specifications.

D. General Standards.

1. The applicant shall employ all reasonable means, including landscaping and alternative locations, to minimize the visual impact of all WECS components. All components of the WECS and its support structure shall be painted in plain muted colors (i.e. light gray-blue) without any graphics or other decoration.

2. The minimum tower setback from any abutting property line, or off-site above ground utility line, shall be a distance equal to the height of the tower from its base to the tip of a blade in the uppermost position, plus five feet, or 50 feet, whichever is greater.

3. The minimum distance from any guy wire to any property line shall be 15 feet.

4. If an application for a single proposed WECS includes a notarized letter, in a form acceptable to the Building Official, from any abutting property owner (all owners of a property must sign the letter) that abutting property may be included for the purpose of determining compliance with the Location Standards as well as the tower and guy wire setbacks and other standards for the siting of a WECS.

5. Where two or more abutting property owners propose to share one WECS, all of the property owners must sign the application and all of those properties may be included for the purpose of determining compliance with the Location Standards as well as the tower and guy wire setbacks and other standards for the siting of a WECS.

6. The participating abutters in Subsections D(4) and D(5) above shall agree that they will record an instrument on the land evidence record, in a form to be provided by the Town Solicitor, which gives notice of the land's inclusion for the purpose of a WECS installation.

7. The levels of noise generated by any WECS, measured at any property line may not exceed the noise levels allowed under the New Shoreham Noise Ordinance. However, if base recordings done as referenced below exceed Town levels, the noise level is not to exceed 6 dBA above said base readings.

8. The tower, or other supporting structure, shall be made inaccessible to unauthorized personnel.

9. No WECS installation shall cause electromagnetic interference.

E. 

Procedures. The following procedures shall be followed in any application for a WECS:

1. Application for a WECS installation shall be made to the Building Official on a form to be provided to the applicant by the Building Official, and shall include proof of homeowner's insurance.

2. The application shall be prepared by a person or firm experienced in WECS installation, qualified to explain the installation, maintenance, safety and performance of the proposed WECS, including data with regard to noise levels and electromagnetic interference and provisions for year-round maintenance.

3. In addition to any other information the Building Official may require with an application, every application will include:

a. Structural design and installation drawings stamped by a registered professional engineer;

b. Manufacturer's documentation demonstrating compliance with the noise and electromagnetic interference requirements of this Ordinance;

c. A site plan indicating the location of the proposed WECS, distances to all property lines, existing and proposed structures, above ground utility lines and any other significant features or appurtenances;

(1) For any application, the Building Official may require that the site plan be prepared and stamped by a registered land surveyor or civil engineer if the distances are close to the Ordinance limits, difficult to verify or for other reasons the Building Official may determine that it is necessary.

d. Measurements of ambient noise at the property lines, prior to any WECS installation proposed. Said measurements shall include the date, time of day, weather and wind conditions present when taken.

4. After the WECS has been approved and installed, measurements will be performed by the Building Official of ambient and operating decibel levels at abutters' property lines to insure compliance with the provisions of the Ordinance which are to be maintained in the file for future reference. Said measurements shall be taken and recorded under similar conditions as were present when E(3)(d) were recorded.

5. Upon a complaint of excessive noise, ambient and operating decibel measurements shall be taken by the Building Official at the complainant's property line.

6. If the noise levels allowed under the Ordinance are exceeded, the Building Official shall cite the owner. The violation shall be deemed to be a public nuisance and must be corrected within 30 days from the date of notification. If the noise violation is not remedied the WECS shall be removed or relocated or shall remain inactive until the noise violation is remedied.

7. The Building Official may direct the owner of any WECS to remove the installation, including all appurtenances thereto, if the facility is not fully maintained, endangers neighboring property, or if it is abandoned. A WECS will be deemed to have been abandoned if it fails to generate power for one year or more.

F. 

Special Use Permit.

1. The Zoning Board of Review may grant a Special Use Permit for the installation of a WECS which cannot meet the regulations and standards of this Section.

2. In order to obtain a Special Use Permit, the applicant must demonstrate to the Zoning Board's satisfaction, compliance with the General Standards for Special Use Permits.

3. The standards for noise and electromagnetic will be met by the proposal.

4. Any adverse effects of the proposal are outweighed by countervailing public benefits, after considering the following:

a. Acoustic impacts on other properties, given a wind turbine having the noise characteristics specified in the Ordinance, and having considered the following:

(1) The wind exposure of the site;

(2) The proximity of the turbine to existing or potential sensitive noise receptors off-site;

(3) The acoustic buffering provided by intervening topography or buildings, and acoustic masking from trees or other elements that, like wind turbines, generate substantially increased noise under increased wind conditions;

(4) Potential interference with positive elements of the sonic environment, such as that from coastal wave action;

(5) Impacts on the visual environment as seen from other properties and from public roads, having considered the following:

(a) Visual prominence of the facility in light of its relationship to such things as topographic crests, sight lines from heavily traveled roads, or visually absorptive background landscape.

(b) The extent and nature of locations from which the facility would intrude into otherwise scenic views.

(c) Visual relationship to nearby elements that might provide visual impact buffering, or with which visual incongruity might be a likely result.

(6) Contribution of the facility to reducing Island energy dependence on fossil fuels, either through the quantity of energy produced or through testing an approach, providing an exemplar, or being one element in a larger energy program.

G. Utility Sized WECS. The Town of New Shoreham is uniquely well suited for the production of electrical energy from utility sized wind turbines. It has abundant wind resources, the best in the State of Rhode Island, in addition to very high electricity rates principally due to the expense of importing diesel fuel to operate its power plant. The installation of commercial or utility wind energy conversion systems shall be allowed by Special Use Permit within the Public Utility Zone (see § 321). For the purposes of this subsection, a utility wind turbine (See § 202, Definitions) shall meet the following standards:

1. A tower height which does not exceed 55 meters (180 feet) and a total height, with blades in motion, which does not exceed 80 meters, or 265 feet;

2. A noise level which, under manufacturer's specifications, does not exceed 100 dBa at the hub, nor 45 dBa at a distance of 330 feet; and

3. An exterior color which is non-reflective and designed to blend with the surrounding environment and minimal state-of-the-art lighting.

(Section Amended May 23, 2001)

§ 509 Rental Rooms.

[Amended 3-20-2024 by Ord. No. 2024-09]

A. Standards. Rental Rooms shall conform to the following:

1. Rental Rooms shall be within a legally existing owner-occupied Residence.

2. A maximum of two Rental Rooms may be rented.

3. An adequate sewage disposal system must be in place with proper documentation by RIDEM or by a certified OWTS designer or installer. Alternatively, the Sewer Commission shall certify that adequate sewer capacity has been allotted for the proposed use and that all fees and bills have been paid.

4. Residences containing Rental Rooms shall contain an adequate escape route and a functioning smoke detector of a type and location which complies with the R.I. Fire Safety Code.

5. Rental Rooms may accommodate a maximum of two persons.

6. A license must be obtained from the Town of New Shoreham prior to any Rental Rooms being rented without a license from the Town. The term and fees for Rental Room licenses shall be set by the Town Council.

B. Procedures.

1. Before any license can be issued by the Town for any Rental Rooms, an application, including all necessary documentation, shall be made to the Building Official.

2. Within 30 days of receipt of a completed application, following inspection by the Minimum Housing Inspector, if all the provisions of this section have been met, the Building Official shall issue a Certificate of Use and Occupancy for the Rental Rooms. If the provisions have not been fully satisfied or if the Minimum Housing Inspector has been unable to access the property, the application shall be rejected and the Building Official will send a written statement to the applicant detailing the reasons for rejection. When the reasons for denial have been corrected, the applicant may submit a new application at any time.

3. Fees for the Certificate of Use and Occupancy are payable at the time an application is made.

4. Any property owner, holding a Certificate of Use and Occupancy for rental rooms, may apply for a license to rent those rooms.

5. The Rental Room License shall be good for one year and may be renewed by application and payment of the appropriate fee. Dwelling units with Rental Rooms shall be subject to re-inspection by the Minimum Housing Inspector every year.

6. Rental of rooms without a valid Certificate of Use and Occupancy and License, as provided in this Ordinance, shall constitute a violation of this Ordinance. (Section Amended August 16, 2000)

§ 510 Accessory Uses/Home Occupation.

[Amended 3-20-2024 by Ord. No. 2024-09]

A. Standards. The following are required for accessory uses not allowed at that location as a principal use:

1. The use shall not be advertised or identified on site.

2. The use shall be carried on by a resident of the property and no more than one non-resident employee.

3. The use shall be conducted in a workshop, studio or office entirely contained within a lawfully existing structure and shall not occupy more than 25% of the building footprint.

4. The parking or storage of equipment shall be confined to an area not exceeding 10% of the developable land area of the lot, located at least 50 feet from the primary access road, and screened by a six-foot hedge or fence.

5. The on-site sale of anything other than products produced on site is not an accessory use.

6. The use shall not be permitted without the principal use to which it is related, and shall conform to the standards set forth in this Section.

7. Renting of an Accessory Dwelling Unit is not a Home Occupation.

§ 511 Accessory Residential Structure.

[Amended 3-20-2024 by Ord. No. 2024-09]

A. Standards. All Accessory Residential Structures shall conform to the following:

1. Kitchens. No kitchen, cooking facilities or kitchen appliances including but not limited to a stove, oven, microwave, hot plate or other cooking devices, cabinets or kitchen islands shall be permitted. Refrigerators are permitted.

2. Rent. No rent, or other compensation, shall be paid by any occupant for use of an Accessory Residential Structure independent of the primary residence.

3. Dimensional Standards. All dimensional standards shall be met for the zone in which it is located.

4. Sanitary Facilities. Provision(s) for sanitary facilities for all of the uses on the lot shall be provided. Any OWTS system serving the property shall have been certified by applicable state and local authorities to be adequate and suitable for the additional anticipated usage. If the property is served by municipal sewer the Sewer Commission shall certify that adequate sewer capacity has been allocated to the property and that all fees and bills have been paid.

5. Parking. Adequate on-site, off street, parking shall be provided for all uses on the property.

6. Life Safety. Adequate escape route(s), functioning smoke detectors, carbon monoxide detectors and any other local or state required safety device of a type and location provided in the State Fire Code shall be provided for all uses on the property.

7. Ownership. The property together with the principal use or structure, shall be held in single, joint, common or otherwise undivided ownership. No condominiums are permitted. (Section Amended 6-21-2000)

§ 512 Outdoor Lighting.

A. Purpose. The residents of New Shoreham value the Town's rural qualities, including the ability to view the stars against a dark sky. Inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions and limits their ability to enjoy nighttime sky. Good outdoor lighting at night benefits everyone. It increases safety, enhances the Town's nighttime character, and helps provide security. New lighting technologies have produced lights that are extremely powerful, and these types of lights may be improperly installed so that they create problems of excessive glare, light trespass, and higher energy use. Excessive glare can be annoying and may cause safety problems. Light trespass reduces everyone's privacy, and higher energy use results in increased costs for everyone. Appropriately regulated, and properly installed, outdoor lighting will contribute to the safety and welfare of the residents of the Town. It is intended to eliminate problems of glare, minimize light trespass, and help reduce the energy and financial costs of outdoor lighting, by establishing regulations which limit the area that certain kinds of outdoor-lighting fixtures can illuminate, and by limiting the total allowable illumination of properties in the Town. Luminaires on all properties, in all zoning districts, shall be installed with the idea of being a "good neighbor," with attempts to keep unnecessary direct light from shining onto abutting properties or streets.

B. General. All public and private outdoor lighting installed in the Town of New Shoreham shall be in conformance with the requirements established by this Ordinance.

C. Control of Glare; Luminaire Design Factors.

1. Any luminaire with a lamp or lamps rated at a total of more than 1800 lumens and all flood or spot luminaires with a lamp or lamps rated at a total of more than 900 lumens shall not emit any direct light above a horizontal plane through the lowest direct light emitting part of the luminaire.

2. Any luminaire with a lamp or lamps rated at a total of more than 1800 lumens and all flood or spot luminaires with a lamp or lamps rated at a total of more than 900 lumens shall be mounted at a height equal to or less than the value 3 + (D/3) where D is the distance in feet to the nearest property boundary. The maximum height of the luminaire may not exceed 15 feet. (See APPENDIX H included as an attachment to this chapter)

3. Any luminaire used for the purpose of uplighting shall not exceed 232 lumens.

D. Exceptions.

1. Any luminaire with a lamp or lamps rated at a total of 1800 lumens or less and all flood or spot luminaires with a lamp or lamps rated at 900 lumens or less may be used without restriction to light distribution or mounting height except that if any spot or flood luminaire rated 900 lumens or less is aimed, directed or focused such as to cause direct light from the luminaire to be directed toward residential buildings on adjacent or nearby land or to create glare perceptible to persons operating motor vehicles on public ways, the luminaire shall be redirected or its light output controlled as necessary to eliminate such conditions. (See APPENDIX G included as an attachment to this chapter)

2. Luminaires used for public roadway illumination, installed on a public utility pole, may be installed at a maximum height of 25 feet and may be positioned at that height up to the edge of any bordering property.

3. All temporary emergency lighting needed by the Police, the Fire Departments or other emergency services as well as all vehicular luminaires shall be exempt from the requirements of this Ordinance.

4. All hazard warning luminaires required by governmental regulatory agencies are exempt from the requirements of this ordinance except that all luminaires used must be shown to be as close as possible to the minimum lumen output required for the specific task.

5. Luminaires used primarily for sign illumination may be mounted at any height to a maximum of 15 feet regardless of lumen rating.

6. Seasonal holiday decoration lights.

E. Temporary Outdoor Lighting.

1. Any temporary outdoor lighting that conforms to the requirements of this Ordinance shall be allowed.

2. Nonconforming temporary outdoor lighting may be permitted by the Town Council by special temporary permit. The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the Council with the request. A failure of the Council to act on a request shall constitute a denial of the request. In granting any permit the Council shall consider:

a. The public and/or private benefits which will result from the temporary lighting;

b. Any annoyance or safety problems that may result from the use of the temporary lighting; and

c. The duration of the temporary nonconforming lighting.

F. Waterfront Lighting. Outdoor lighting in, and around the ponds, lakes, harbors and other waters of the Town, shall not be installed or maintained so as to create a hazard or nuisance to other property owners, navigation or boaters and shall comply with the following:

1. Lights on docks or piers shall be no more than three feet above the docks or piers, shall be downward directed, and shall be no more than 550 lumens or less.

2. Lights illuminating paths, stairs, decks, etc. shall not be directed toward the waters and shall be no more than 1800 lumens or less.

3. All exterior lighting shall be located, mounted and shielded so that direct illumination is not directed on the water surface more than 20 feet from shore.

G. Nonconforming Luminaires.

1. All luminaires lawfully in place prior to the date of the adoption of this Section of the Zoning Ordinance shall be exempt from the provisions of this Ordinance for a period of five years.

2. Disability Glare. Legal nonconforming luminaires that direct light toward streets, parking lots or the water, that cause disability glare to motorists, cyclists, pedestrians or boaters shall either be shielded or redirected within 90 days of notification, so that the luminaires do not cause a potential hazard.

3. Any luminaire that replaces a legal nonconforming luminaire or any nonconforming luminaire that is moved must meet the standards of this Ordinance.

H. Notification.

1. Any building permit application and issued building permit shall include a copy of this Ordinance.

2. Within 30 days of the enactment of this Ordinance the Building Official shall send a copy of the ordinance to all local electricians, general contractors and the local electric utility.

3. Failure to comply with sections 1 and 2 above, or to personally notify anyone, is not grounds to invalidate the provisions of this Ordinance. The notification provisions are intended to serve as a courtesy only to those notified. (Section Added December 4, 2000)

§ 513 Accessory Dwelling Units.

[Amended June 19, 2002, August 21, 2006, and October 6, 2008; September 27, 2006; September 27, 2006; 3-5-2018 by Ord. No. 2018-03; 9-19-2018 by Ord. No. 2018-18; 5-3-2022 by Ord. No. 2022-03; 5-3-2022 by Ord. No. 2022-04; 10-19-2022 by Ord. No. 2022-06; 8-16-2023 by Ord. No. 2023-05; 3-20-2024 by Ord. No. 2024-09]

A. Purpose. The purpose of this section is to create housing opportunities through the provision of rental housing for year-round residents while affording the owner of the primary residence with the opportunity to generate supplemental income. The purpose of this section is also to support local businesses by allowing for employee housing in permitted zones for those deriving income from seasonal employment on the island.

B. Standards for Accessory Dwelling Units-General Standards. All Accessory Dwelling Units shall conform to the following:

1. Rental. May be rented in accordance with Section C1 Standards for Residential Zones, Section C2: Standards for Commercial Zones and Section F, Maintaining Accessory Dwelling Units, below.

2. Location. Such use may be connected to and accessible from the principal use or building or a separate unit on the same lot.

3. Ownership. The property together with the principal use or structure and Accessory Dwelling Unit shall be held in single, joint, common or otherwise undivided ownership. No condominiums are permitted.

4. Sanitary Facilities. Provision(s) for sanitary facilities for all of the uses on the lot shall be provided. Any OWTS system serving the property shall have been certified by applicable state and local authorities to be adequate and suitable for the additional anticipated usage. If the property is served by municipal sewer the Sewer Commission shall certify that adequate sewer capacity has been allocated to the property and that all fees and bills have been paid.

5. Parking. Provide a minimum of one (1) on-site, off street, parking space for each Dwelling Unit beyond what is already required for the primary use.

6. Life Safety. Adequate escape route(s), functioning smoke detectors, carbon monoxide detectors and any other local or state required safety device of a type and location provided in the State Fire Code shall be provided for all uses on the property.

7. Number of Bedrooms. There shall be maximum of three (3) bedrooms unless a Special Use Permit is obtained in accordance with Section D below.

8. Maximum Square Footage. There shall be a maximum of twelve hundred (1,200) square feet of living floor area unless a Special Use Permit is obtained in accordance with Section D below.

9. Minimum living area. There shall be a minimum living area consistent with Rhode Island Housing Code, R.I. Gen. Law 45-24.3-11.

10. Dimensional Standards. The Accessory Dwelling Unit must not exceed dimensional standards established for accessory structures within the applicable Zoning District.

C. Specific Standards.

1. Standards for Residential Zones.

In addition to the Section 513B General Standards above, the following standards shall apply to such Accessory Dwelling Units located in the RA Zone, the RB Zone, the RC Zone, the RC/M Zone, and the M Zone.

a. Modifications to the exterior of an existing principal structure resulting from the installation of an Accessory Dwelling Unit, or the design and construction of new homes with an Accessory Dwelling Unit integrated into the design from the start, shall be consistent with the principal building's predominant character as a single-family home. Only one (1) main entrance for each will be permitted. All other entrances shall be located at the side or rear of the building. The Building Official shall determine to what degree interior or exterior modifications shall be made to conform to the requirements of the state building code for life safety and fire separation.

b. There shall be a maximum of one (1) Accessory Dwelling Unit per lot without a Special Use Permit.

c. As a condition for the issuance and continued validity of an occupancy permit for an Accessory Dwelling Unit, the owner shall execute and record against the deed to said property a restriction, running with the land and in favor of the Town, to the effect that occupancy of the Accessory Dwelling Unit shall be limited to persons residing in the Town year-round (as defined in Chapter 2, Article I, Section 2-2 of the Revised Ordinances of the Town of New Shoreham) and that the Accessory Dwelling Unit may not be offered, nor used, for seasonal occupancy; and the owner shall file with the Town, prior to issuance of an occupancy permit and within thirty (30) days of any change in ownership of the premises, an affidavit, signed under the penalties of perjury by the owner of the premises, attesting to the fact that the Accessory Dwelling Unit is, and will be, limited to occupancy by persons residing in the Town year-round (as defined in Chapter 2, Article I, Section 2-2 of the Revised Ordinances of the Town of New Shoreham) and that the Accessory dwelling[??] Dwelling Unit will not be offered, nor used, for seasonal occupancy. The affidavit shall be renewed by the owner of the premises every two (2) years as a condition for retaining an occupancy permit for the Accessory Dwelling Unit.

2. Standards for Commercial Zones.

In addition to the Section 513B General Standards above, the following standards shall apply to Accessory Dwelling Units located in the SC Zone, the OHC Zone and the NHC Zone:

a. There shall be a maximum of three (3) Accessory Dwelling Units per lot without a Special Use Permit.

b. As a condition for the issuance, and continued validity, of an occupancy permit for any Accessory Dwelling Unit, the owner shall execute and record against the deed to said property a restriction, running with the land in favor of the Town, to the effect that occupancy of the Accessory Dwelling Unit shall be limited to persons resident in the Town year-round (as defined in Chapter 2, Article I, Section 2-2 of the Revised Ordinances of the Town of New Shoreham) or deriving income from employment on the Island and that the dwelling Dwelling Unit may not be offered, nor used, for seasonal occupancy except for seasonal occupancy by persons deriving income from employment on the Island; and the owner shall file with the Town, prior to issuance of an occupancy permit and within thirty (30) days of any change in ownership of the premises, an affidavit, signed under the penalties of perjury by the owner of the principal structure, attesting to the fact that the Accessory Dwelling Unit is, and will be, limited to occupancy by persons residing in the Town year-round (as defined in Chapter 2, Article I, Section 2-2 of the Revised Ordinances of the Town of New Shoreham) or deriving income from employment on the Island and that the Accessory Dwelling Unit will not be offered, nor used, for seasonal occupancy except for seasonal occupancy by persons deriving income from employment on the Island. The affidavit shall be renewed by the owner of the premises every two (2) years as a condition for retaining an occupancy permit for the Accessory Dwelling Unit.

c. A separate affidavit shall be required for each Accessory Dwelling Unit clearly identifying the Dwelling Unit and distinguishing it from any other Accessory Dwelling Units on the property.

3. Standards for Town Employee Accessory Dwelling Units.

In addition to the Section 513B General Standards above, all Accessory Dwelling Units for Town Employees:

a. Accessory Dwelling Units owned by the Town of New Shoreham and constructed principally for the purpose of providing housing for employees serving necessary local government functions shall be exempt from the Standards of C1b, C1c, 2, E2, E3 and G2 of Section 513.

b. There shall be no more than four (4) Accessory Dwelling Units on a lot owned by the Town of New Shoreham. Such Accessory Dwelling Units shall be permitted, without regard to the residential density requirements of the zoning district in which the lot is situated.

c. If, at such time after the construction of the permitted dwelling unit(s) for the purpose of providing housing for employees serving necessary local government functions, there becomes no immediate need for the housing by the Town, it may be rented, on a yearly basis, to a resident qualifying as a low or moderate income person or family.

d. Procedure. Notwithstanding any other provisions of this Ordinance, no construction of or alterations to buildings or structures for the development of Town Employee Accessory dwelling units shall be permitted until development plans have been reviewed and approved by the Planning Board as set forth in Section 704, Development Plan Review.

e. Plans Required. In addition to any applicable submittals required under Development Plan Review, the applicant shall submit:

(1) An existing conditions plan prepared by a registered land surveyor or professional engineer which shows contours at two (2) foot intervals; all structures, travel lanes and parking areas; all street and lot lines, dimensions and property setbacks; and the location of wetlands and water bodies on the property.

(2) A site plan which indicates the intended location of the proposed structures, with all dimensions and setbacks indicated, and all site improvements, including proposed grading, parking areas, fencing, landscaping and lighting.

(3) Architectural plans for any new construction or exterior alterations to any existing structure.

f. Standards of Review. No final approval of any development plan for building construction or alteration or other site improvements may be granted by the Planning Board until it has reviewed the plans in accordance with, but not limited to, the following:

(1) All applicable general site standards contained in Section 501 A.

(2) The limitations on building footprint, living area, gross area and building volume as delineated in Section 406 for a residential structure

(3) All other applicable parking, landscaping, signage and utility standards.

D. Accessory Dwelling Units by Special Use Permit.

1. Applicability.

The following Accessory Dwelling Units require a Special Use Permit:

a. An Accessory Dwelling Unit greater than 1,200 square feet of living floor area, up to a maximum of 1,500 square feet of living floor area.

b. A structure existing as of July 1, 2022, greater than 1,200 square feet of up to 1,800 square feet of living area, may be converted proposed for conversion into an accessory Accessory Dwelling Unit, upon the granting of a Special Use Permit by the Zoning Board of Review.

c. An Accessory Dwelling Unit greater than three (3) bedrooms up to a maximum of four (4) bedrooms.

d. An Accessory Dwelling Unit proposed in a primary or accessory structure that is lawfully established preexisting non-conforming pursuant to R.I.G.L. § 45-24-73(b).

e. In the RA Zone, the RB Zone, the RC Zone, the RC/M Zone, and the M Zone, two (2) Accessory Dwelling Units may be permitted if the result would be a residential density of not more than three (3) dwelling units per lot.

f. In the SC Zone, the OHC Zone and the NHC Zone, more than three (3) Accessory Dwelling Units.

Exception:

Upon granting of a Special Use Permit by the Zoning Board of Review, for lots of record that are substandard by lot area, the first 600 square feet of a new Accessory Dwelling Unit may be excluded from the calculation of lot building coverage for the sole purpose of creating the Accessory Dwelling Unit. The owner shall execute and record against the deed to said property a restriction that in exchange for the bonus, the Accessory Dwelling Unit created shall remain part of the island's attainable year-round housing stock for a period not less than fifteen (15) years from the date of the issuance of the certificate of use and occupancy.

2. Requirements.

An application must be submitted for a Special Use Permit. Any such application shall also be subject to Development Plan Review. Prior to the approval of an application submitted under this section, the Zoning Board of Review shall determine that the application meets the General Criteria for a Special Use Permit contained in § 401, General Criteria for a Special Use Permit.

3. Expedited Approval Process ("EAP").

a. An Accessory Dwelling Unit that requires a Special use Permit under Section 513D:

Accessory Dwelling Units by Special Use Permit, but otherwise conforms to all other applicable standards and dimensional regulations contained in this Ordinance, shall be exempt from having to obtain a Special Use Permit if an application for building permit is filed with the Building Official for review and approval, and said application includes at the time of filing:

(1) Planning Board Pre-approved building plans. The Planning Board may from time to time review and approve such building plans. Details and plans of planning board pre-approved structures shall be held by the Zoning Official and may be obtained upon request;

(2) Approval from applicable state and local authorities for a new OWTS and/or tie in to a pre-existing system;

(3) A well system which has been approved by applicable state and local authorities;

(4) If the property is on Town water, a letter from the water company attesting the fact that the additional allotment required, is available;

(5) A sufficient electrical and/or solar energy system which has been approved by applicable state and local authorities; and

(6) An affidavit from the owner that the Accessory Dwelling Unit will be offered for year-round rental only.

E. Additional Requirements For All Accessory Dwelling Units:

Prior to issuance of a Building Permit and/or any permit of occupancy for any Accessory Dwelling Unit, the Property owner shall:

1. Properly demonstrate through RIDEM certification or inspection by the Wastewater Management Inspector, or his or her designee, and any necessary repair, modification, alteration or replacement of the OWTS that all required State code requirements are met and that the OWTS serving the property shall be adequate and suitable to accommodate the additional anticipated usage. If the property is served by municipal sewer, the Sewer Commission shall certify that adequate sewer capacity has been allocated to the property and that all fees and bills have been paid.

2. Record a declaration in the land evidence records and provide a copy to the Zoning Official and Building Official, detailing all use restrictions, including a restriction in favor of the Town, that occupancy of the Accessory Dwelling Unit shall be restricted as set forth in this ordinance, and

3. File with the Town, and again within thirty (30) days of any change in ownership of the premises, an affidavit that the Accessory Dwelling Unit is, and will be, limited to the restricted occupancy as set forth in this Ordinance. The affidavit shall be renewed by the owner of the Property every two (2) years.

F. Maintaining an Accessory Dwelling Unit.

All Accessory Dwelling Units shall be rented only by a written rental agreement which shall be kept by the owner and filed with the Zoning Official. Personal, financial or protected information may be redacted.

1. For all Accessory Dwelling Units, except Town Employee Accessory Dwelling Units, once the individual(s) identified in the rental agreement no longer reside in the premises on a permanent basis, or the title is transferred, the property owner shall notify the zoning official in writing, and the Accessory Dwelling Unit shall be considered abandoned pursuant to § 513G.

2. Fire escape routes, smoke detectors, carbon monoxide detectors and any other local or state required safety device of a type and location provided in the State Fire Code shall be properly maintained at all times.

3. Accessory Dwelling Units shall be subject to inspection by the Zoning Official and/or Building Official upon forty eight (48) hours' prior notice of the date, time and purpose of the inspection.

G. Termination, Abandonment and Release.

1. Any property owner with an Accessory Dwelling Unit may terminate the use and obtain a written release of the restrictions recorded under Section 513C and/or Section 513E2 by abandoning the use in accordance with the following procedure:

a. The owner of the property shall send a written notice by certified mail of the intention to abandon the Accessory Dwelling Unit use to the Zoning Official and any tenant(s) expressly abandoning the use, stating the use to which the dwelling unit is to be changed and stating the date of the abandonment.

b. The owner shall convert the dwelling unit from a dwelling unit to another use by, at a minimum, removing all cooking facilities and associated utilities such that any reconversion to a dwelling unit will require a building permit.

c. On, or after, the date of abandonment the Building Official or his or her designee shall inspect the dwelling unit and certify in writing that the dwelling unit has been abandoned stating the date of the inspection, specifically what alterations were made by the owner in converting the dwelling unit and to what use it has been converted. The Building Official shall ensure that all alterations have been done according to code requirements.

2. If any Accessory Dwelling Unit is not rented or occupied, in accordance with the terms of this Section, for a period in excess of one year, the Accessory Dwelling Unit use may be considered to have been abandoned. The Building Official and/or Zoning Official shall conduct an investigation, document his or her findings, and notify the property owner of his or her determination. In the Notice the Building Official and/or Zoning Official shall advise the property owner that a new application for a Special Use Permit will be required to reacquire the use. If no response is received the Building Official and/or Zoning Official shall record the Notice on the Land Evidence Records. Thereupon, the owner shall convert the dwelling unit from a dwelling unit to another use by, at a minimum, removing all cooking appliances and kitchen plumbing such that any reconversion to a dwelling unit will require a building permit.

This does not preclude the Building Official and/or Zoning Official from pursuing any other violation of the terms of this Section by someone, for example, renting the unit weekly at market rates.

§ 514 Residential Structures in the RA and RB Zones.

[Amended 8-2-2021 by Ord. No. 2021-08; 12-5-2022 by Ord. No. 2022-07; 3-20-2024 by Ord. No. 2024-09]

A. Purpose. The purpose of this section is to provide limitations on the massing and size of residential structures to ensure that new development is designed in a manner that complements traditional construction styles and in particular, protects the viewshed and quality of life of island neighbors, residents and visitors.

B. Applicability. This section shall apply to all single family dwellings, accessory structures, Accessory Residential Structures and Secondary Dwelling Units proposed within the RA and RB Zones for which a building permit is issued after the effective date of October 6, 2008. Where there is a conflict between the standards contained in this section and those in any other applicable section of this ordinance, the most restrictive standard shall apply.

C. Standards. The following standards shall apply (See Section 202, Definitions: "Plane, Building," "Plane, Wall," "Building Footprint," "Floor Area Living," "Building Volume"):

1. No residential structure shall have a wall plane in excess of 45 feet in length (See Appendix I, Figures 4 and 5).

2. No residential structure shall be constructed with a building plane in excess of 75 feet in length (See Appendix I, Figure 5).

3. In no case shall a building footprint of any residential structure, principal or accessory, exceed 3,500 square feet, exclusive of ground level or first floor decks, or one story (no floor area above) unenclosed porches.

4. In no case shall a residential structure exceed 5,000 square feet of living floor area.

5. In no case shall the volume of any residential structure, principal or accessory, exceed 65,000 cubic feet.

6. The roof design and pitch of all new residential structures constructed at a height greater than 28 feet shall comply with the following standards:

a. Hip roofs and gable roofs, including gable dormers but excluding porch roofs, shall be constructed at a minimum pitch of 7 inches vertical over 12 inches horizontal.

b. Shed dormers shall be constructed at a minimum distance of two feet horizontally from exterior gable end walls.

c. Gambrel roofs shall be constructed so that they are compatible with the pitch and proportion of historic gambrel roofs on the island.

d. Mansard roofs shall be constructed so that they are compatible with pitch and proportions of historic mansard roofs on the island.

e. Flat roofs shall not be permitted.

§ 515 Trades Trailers.

A. General Standards. Commercially used enclosed trailers which provide for the storage and transport of equipment and supplies related to the building and other trades are permitted, provided that any such trailer:

1. Is currently registered as a commercial vehicle;

2. Is equipped with wheels so that it is transportable by towing;

3. Does not include interior plumbing fixtures;

4. Has box size not exceeding eight feet in width or 24 feet in length;

5. Is able to be entirely closed so that the contents are not visible when not in use; and

6. Shall be painted in a neutral color or a color that blends with the surrounding environment.

B. Identification. Trades trailers shall be identifiable from the exterior by either the business name or the Rhode Island license number for the business. Any building contractor making use of a trades trailer shall include either the contractor's registration number or the building trade's license number on the exterior of the trailer.

C. Use Standards. Such trailers may be in place or use at any location, including the owner's residence, but shall be used only for storage and transport, and on-site construction activity. No more than one such trailer for each registered contractor or tradesperson, with a maximum of two trailers, shall be allowed on a property.

(Entire Section Added January 20, 2010)

§ 516 Gaming Devices and Table Games.

A. Gaming devices and table games are permitted as an accessory use to a restaurant or retail trade establishment provided that the following standards are satisfied:

1. No more than two gaming devices may be located in one establishment.

2. No gaming device shall be visible from the exterior of the building in which it is located.

3. A license issued by the Town Council is required for each gaming device and table game. (Section added November 5, 2012 by Ord. No. 2012-09)

§ 517 Solar Energy Systems (SES).

[Amended 3-1-2021 by Ord. No. 2021-01; 2-5-2024 by Ord. No. 2024-02; 3-20-2024 by Ord. No. 2024-10]

A. Purpose: The purpose of this section is to regulate the placement, design, installation and removal of solar energy systems to minimize any potential adverse impact they may have on the aesthetics, public health, and safety of the Town.

B. Intent: The Town encourages the use of accessory solar energy systems to reduce reliance on fossil fuels and to promote resiliency. The Town supports solar energy systems in locations which provide the greatest potential energy generation while actively striving to minimize the visual impacts to the existing landscape from which SES are visible from adjoining roadways and abutting properties.

C. Definitions: The following terms shall have the following meanings as used in this Section:

1. Abandoned Solar Energy System: A solar energy system that has reached the end of its useful life, is not fully maintained, or is disconnected with no plan for reconnection.

2. Array Size: measured as the length times width of each panel, with the area of all panels totaled and expressed as square feet. Array size is to be applied when calculating the contribution of a ground mounted solar energy system to lot coverage.

3. Ground-Mounted Solar Energy System: A solar energy system that is structurally appended to the ground and is not supported to a structure or building.

4. Roof-Mounted Solar Energy System: A solar energy system that is structurally appended to the roof of a code compliant structure.

5. Solar Canopy: A solar energy system that is located on an elevated accessory structure that hosts solar panels and provides shelter to a parking area, driveway or walkway underneath.

6. Solar Energy System (SES): The collective components and subsystems, including both solar thermal and photovoltaic, required to convert solar energy into electric energy or hot water. Solar energy systems are further defined by the following installation types: roof-mounted, ground- mounted, and solar canopies.

7. Solar pool heater system: A type of SES which uses thermal energy from the sun to increase the temperature of pool water. The system uses solar collectors (heating plates) to heat water that circulates through the system and back to the pool.

D. Applicability and Review Procedures:

1. Solar energy systems are allowed in all zoning districts as accessory uses subordinate to the principal use of the parcel.

2. Ground mounted solar energy systems, or solar canopies, but not solar pool heater systems, with a total array size greater than 400 square feet may be allowed by special use permit. An application must be submitted for a Special Use Permit. Any such application shall also be subject to Development Plan Review.

3. Solar pool heater systems of a size less than 75 percent of the surface area of the pool are exempt from requiring a Special Use Permit under this section.

4. Any SES proposed within the Historic Overlay District shall require review and approval by the Historic District Commission.

5. Solar energy systems must be consistent with all applicable State and Federal fire and electrical safety codes and shall obtain all necessary statewide solar, building, and electrical permits from the Building Official prior to commencement of construction.

E. Standards for Roof-Mounted Systems: solar panels which are mounted on the roof of a building shall not extend above the highest point of the roof. In no case shall a solar panel extend beyond the edge of the roof, if the distance between the surface of the roof and the upper surface of the solar panels shall not be more than two feet, i.e. meaning the panel shall not be higher than 2 feet above the plane of the roof.

F. Standards for Ground-Mounted Systems:

1. Ground-mounted SES shall not exceed 10 feet in height, as measured from the natural grade to its highest point, including the top of any support structure or panel when adjusted to its highest seasonal position.

2. Ground-mounted SES shall comply with the minimum setbacks for accessory structures and uses for the zoning district in which the SES is located.

3. The first 250 square feet of array size shall be exempt in the calculation of lot coverage. Additional array size beyond 250 square feet shall be counted toward the maximum lot coverage.

4. Any ground mounted SES which exceeds 3 feet in height shall incorporate landscaping and design elements to visually screen the SES from public roadways and abutting properties.

G. Standards for Solar Canopies: Building height for solar canopies shall not exceed 12 feet in height. All other applicable dimensional standards required for the zoning district in which the proposed solar canopy is located shall apply.

H. Abandonment: Any abandoned solar energy system shall be removed within 180 days from the date of discontinued operations. Decommissioning shall consist of:

1. Physical removal and recycling of all solar energy system components.

2. Disposal of all solid and hazardous waste in accordance with all federal, state and local laws, regulations and ordinances.

3. Stabilization and re-vegetation of the site necessary to minimize erosion. The Building Official shall be authorized to direct the removal of abandoned SES and all of its components. The property owner shall remove the system within 90 days of said notice by the Building Official. If the owner or operator of an abandoned or decommissioned SES fails to remove the SES in accordance with the provisions of this section, the Town of New Shoreham may enter the property and physically remove all components of the SES at the cost of the property owner.

§ 518 (Reserved)

[Prior § 518, Accessory family dwelling units, was repealed 3-20-2024 by Ord. No. 2024-09. History includes Ord. No. 2018-04.]