A. 
There is hereby established a Water Supply Protection Overlay District (WSPD), which shall be the area defined as those Assessor's lots which are indicated as the WSPD on the Official Zoning Map of the Town of North Smithfield. The WSPD is an overlay district superimposed over the existing underlying zoning districts established by this chapter. The regulations imposed by the WSPD shall apply in addition to the regulations of the underlying zoning district. In the event of a conflict or inconsistency between the regulations imposed by the WSPD and those established by the underlying zoning district, the regulations imposed by the WSPD shall prevail.
B. 
The regulations herein governing the development and use of lands within the Water Supply Protection Overlay District aquifers shall take precedence over any other conflicting laws, ordinance, or codes, and are established for the following purposes:
(1) 
To protect the quality and supply of future and present sources of drinking water for the residents of the Town of North Smithfield and adjacent communities by regulating the use and development of land to protect major stratified drift aquifers and their recharge areas (GAA Classification), surface drinking water supplies and their watersheds, community wellhead protection areas, and Town-owned non-transient, noncommunity wellhead protection areas (schools) and to prevent uses of land detrimental thereto;
(2) 
To protect, preserve and enhance drinking water resource quality and the integrity of natural systems;
(3) 
To protect the health, safety, and general welfare of the public;
(4) 
To protect the supply of future and present sources of drinking water from high intensity land development and from potentially hazardous materials associated with specific land uses, as contained in § 340-4.41.
For the purpose of this article and this chapter generally, the following terms shall have these meanings:
AQUIFER
A saturated and permeable geologic formation that can yield significant quantities of water to wells, springs, or surface water bodies.
BEDROCK
The solid rock, commonly called "ledge," that forms the earth's crust.
COMMUNITY WATER SYSTEM
A public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.
CONTAMINANT
Any physical, chemical, biological, or radiological substance or matter in water which impairs its intended or feasible use.
DEGRADATION
A deterioration or a decline in ambient water quality.
DISCHARGE TO GROUNDWATER
The intentional, negligent, accidental, or other release of any pollutant onto or beneath the land surface, in a location where it is likely to enter the groundwater of the state.
DISPOSAL
The deposit, injection, dumping, spilling, leaking, incineration of, or placing of any pollutant or hazardous materials into or on any land or water so that such pollutant(s), hazardous material(s) or any constituent thereof may enter the environment.
GA CLASSIFICATION
Groundwater classified GA are groundwater resources, which, like GAA, are known or presumed to be suitable for drinking water use without treatment. However, groundwater classified GA does not fall within any of the priority areas described under GAA.
GAA CLASSIFICATION
Groundwater classified GAA includes those groundwater resources that are known or presumed to be suitable for drinking water use without treatment, including the following:
A. 
The state's major stratified drift aquifers that are capable of serving as a significant source for a public water supply (groundwater reservoirs) and the critical portion of their recharge areas as delineated by DEM; and
B. 
The wellhead protection area for each public water system community water supply well. Community water supply wells are those that serve resident populations and have at least 15 service connections or serve at least 25 individuals (e.g., municipal wells, and wells serving nursing homes, condominiums, mobile home parks, etc.).
GROUNDWATER
Water found underground which completely fills the open spaces between particles of sand, gravel, clay, silt, and consolidated rock fractures. The zone of materials filled with groundwater is called the "zone of saturation."
GROUNDWATER RECHARGE
The process of the addition of water to the zone of saturation, that zone beneath the water table.
HAZARDOUS MATERIAL
Any material defined as a "hazardous substance" by Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 (42 U.S.C. § 9605), as amended. Hazardous material shall include any hazardous waste as well as any of the following materials: acetone, ethanol, ethylene oxide, methanol, methylene chloride, perchloroethylene and petroleum products. The enumeration of the above materials is not intended in any way to minimize the list of material defined in the aforesaid section.
HAZARDOUS WASTE
Any material or combination of materials of a solid, liquid, contained gaseous, or semi-solid form which because of its quantity, concentration or physical, chemical, or infectious characteristics may:
A. 
Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or
B. 
Pose a substantial present or potential hazard to human health or the environment. Such materials include, but are not limited to, those which are toxic, corrosive, flammable, irritants, strong sensitizers, substances which are assimilated or concentrated in and are detrimental to tissue, or which generate pressure through decomposition or chemical reaction and include septic wastes. In addition, such materials include "industrial waste" as such term is used in the Rhode Island General Laws, as amended, unless the context shall clearly indicate otherwise. Hazardous waste shall also include all waste types as defined in the rules and regulations adopted in accordance with Title 23, Chapter 19.2 of the General Laws of the State of Rhode Island, and Providence Plantations, as amended.
HAZARDOUS WASTE MANAGEMENT FACILITY
A facility, excluding vehicles, for collection, source separation, storage, processing, treatment, recovery, or disposal of hazardous stations for hazardous waste, and may include a facility at which such activities occur, and hazardous waste has been generated.
MAXIMUM CONTAMINANT LEVEL
The maximum permissible level of a contaminant present in the water determined at a point of entry into the distribution system and at any point in the distribution system.
ON-SITE WASTEWATER TREATMENT SYSTEM
One installed to provide sanitary sewage disposal by leaching into the ground where no public sewer system is available or accessible.
POLLUTANT
A man-made or man-induced substance which causes or could cause the alteration of the chemical, physical, biological, or radiological integrity of groundwater.
RECHARGE AREA OF AQUIFER
Any area in which precipitation percolates to the water table and flows through materials to the aquifer.
RESERVOIR
A pond, lake, or basin, either natural or artificial, for the storage, regulation, and control of water.
SOLID WASTES
Useless, unwanted, or discarded solid materials with insufficient liquid content to be free-flowing. This includes, but is not limited to, rubbish, combustion residues, garbage, scrap materials, junk, fill material, demolition debris, construction waste and refuse.
TOWN-OWNED NONTRANSIENT NONCOMMUNITY WATER SYSTEM
A Town-owned noncommunity water system that regularly services at least 25 of the same persons over six months of the year (e.g., schools).
UNDERGROUND STORAGE TANK (UST)
Any one or more combinations of tanks (including underground pipes connected thereto) used to contain petroleum or other hazardous material and which is located wholly or partly beneath the surface of the ground.
WATER SUPPLY OVERLAY DISTRICT
The Water Supply Protection Overlay District includes all land in the Town identified as major stratified drift aquifers and their recharge areas (GAA Classification), surface drinking water supply watersheds, community wellhead protection areas, and Town-owned non-transient, noncommunity wellhead protection areas (schools). The term "Water Supply Protection Overlay District" shall be synonymous with "Groundwater Aquifer Protection Overlay District."
WATER SUPPLY WATERSHED
The portion of land drained by a river and its tributaries to a reservoir used for the storage, regulation, and control of public drinking water.
WATER TABLE
The upper surface of the saturated zone in an unconfined aquifer.
WELLHEAD PROTECTION AREA
The critical portion of a three-dimensional zone, surrounding a community public well or Town-owned non-transient noncommunity well (schools) through which water will move toward and reach such a well or well field as designated by the RIDEM and any amendments thereto.
A. 
The Water Supply Protection Overlay District (the "WSPD") shall apply to those areas so designated on the Official Zoning Map that is part of this chapter and on file at the Town Clerk's office and on display in the Building Inspector's office.
B. 
The map of the Water Supply Overlay District is based upon natural topography and estimated groundwater recharge flow lines, not property boundaries. The boundaries of the water supply basin include sub-watersheds of the Blackstone Watershed, a drinking water sub-watershed of the Peters River to mouth area known as the "Crookfall Brook Watershed." The primary groundwater protection areas were delineated by the RIDEM pursuant to the methodology described in the Groundwater Quality Rules, June 2010, and amendments thereto.
C. 
The Crookfall Brook Watershed encompasses and is home to the City of Woonsocket public drinking water natural resource. Accordingly, the City of Woonsocket, Town of Lincoln, and Town of Smithfield shall be notified regarding projects within the Crookfall Brook Watershed. Projects falling within the GAA area in the northern part of North Smithfield shall require notice to the Towns of Uxbridge, Millville, and Blackstone, Massachusetts.
D. 
Overlay zones were determined using an analytical model for delineation from RIDEM [specifically the United States Geological Survey 7.5-minute quadrangle maps (1:24,000 scale)]. All district boundaries may be revised based upon improved data and delineations provided by RIDEM through amendments to Groundwater Quality Rules and RIGIS updates.
E. 
The requirements of this overlay district shall apply only to the property included within the district boundaries, regardless of the location of lot lines or zoning district lines, unless otherwise specifically provided.
Water generally enters an aquifer by downward percolation from land surface recharge area and moves laterally underground toward areas of natural and man-induced discharge. The soil and subsoil conditions of the lands in the groundwater aquifer zone are such that any use introducing pollutants or hazardous materials into the natural drainage system could adversely affect the quality of drinking water resources, including the waters of the Slatersville and the Woonsocket Water Supply Reservoirs.
A. 
The purpose of the development plan review of uses in the Water Supply Protection Overlay District is to ensure all changes in the nature and intensity of land use are designed and constructed in a way to minimize on the aquifer.
B. 
Development plan review (DPR) under this section shall be required for the following:
(1) 
Development of all new principal uses and accessory uses that are permitted by right, or by special use permit as identified in § 340-3.4, District Use Regulations Table.
(2) 
Construction of all new structures that are permitted by right, or by special use permit as identified in § 340-3.4, District Use Regulations Table.
(3) 
All changes of use from one use code to another.
C. 
The approval authority under this Water Supply Protection Overlay District shall be the Planning Board as a land development project (LDP) subject to development plan review (DPR) in accordance with Part 6 of this chapter. Such DPR shall only be approved if the Planning Board (Board) determines that the intent of this chapter and each of its specific criteria are fully met. In making such determination, the Board shall consider the demonstrated reliability and feasibility of the use and pollution control measures proposed and the degree of threat to water quantity and quality which would result if the control measures performed at less than design efficiency. In addition, the Board shall take into consideration the sensitivity of the water body to which the site drains. A water body and its watershed will be considered sensitive if a total maximum daily load is written or under development for it, or it is included on RIDEM'S 303(d) list, or is included on RIDEM'S list of Special Resource Protection Waters (Appendix D of the Water Quality Regulations) or has been noted by the Town Council or the Comprehensive Plan to be a critical resource of special concern. The Board may impose such conditions, safeguards, and limitations as it deems appropriate. The Board shall document the basis for any departures from the recommendations of other Town boards or agencies in its decisions.
The following uses, except those lawfully established preexisting uses, are specifically prohibited within the Water Supply Protection Overlay District:
A. 
Any use or accessory use which is not a permitted use as contained in § 340-3.4, District Use Regulations Table, or is not authorized by special use permit in the underlying municipal zoning district shall be classified as a prohibited use.
B. 
Contaminants of concern shall be regulated as health standards become available by RIDEM and EPA.
C. 
Any uses identified by RIDEM in Groundwater Quality Rules (250-RICR-150-05-3), Active Rule and as amended.
Any nonconforming use lawfully established prior to the adoption of this article on December 18, 2023, shall be considered a preexisting nonconforming use and shall be allowed to continue in its current state until such time the nonconforming use is discontinued, abandoned, or converted to a conforming use, and no such nonconforming use shall be expanded.
A. 
Any lawfully established use in effect prior to the adoption of this article on December 18, 2023, may be exempt from the DPR review requirements contained in this Article XV, Water Supply Protection Overlay District, subject to the following criteria:
(1) 
Any expansion and/or addition of a lawfully established use that is less than or equal to 20% of the existing gross floor area (GFA) shall be exempt from the provisions of this article; or
(2) 
Any expansion and/or addition of lawfully established use that does not result in a net increase of impervious area shall be exempt from the provisions of this article.
B. 
Detached single-family and two-family dwellings and associated accessory uses shall be exempt from the DPR review requirements contained in this Article XV, Water Supply Protection Overlay District.
A. 
Expert testimony. At the request of the Planning Board, and in compliance with R.I.G.L. § 45-23-58, Administrative fees, the Planning Board may, in order to provide for adequate review and hearing of applications, engage a professional civil engineer, hydrologist, geologist, soil scientist, or other appropriate professional for outside expertise, in an amount not to exceed the actual costs incurred, to be paid by the applicant, to provide findings and recommendations, including a statement of general consistency of the application with the goals and purposes of this article. Said findings shall be provided to the Planning Board and the applicant and shall be a public document available for review in the Planning Office.
B. 
Application contents. In addition to the requirements of the North Smithfield Zoning Ordinance, including submission materials contained in § 340-6.4, Application contents,[1] and all applicable state and federal requirements, the following requirements will apply:
(1) 
Each application for a development plan review shall be filed with the Planning Board and shall comply with the rules and regulations of the Board. The application, including any plans and accompanying text, shall be sufficient to allow full evaluation of the proposed use and its impacts on the Groundwater Protection Overlay District.
(2) 
The application shall be prepared in accordance with the data requirements of the proposed developed site plan review, erosion, and sedimentation control plan, etc.
(3) 
The application shall include an analysis by a licensed professional geologist, hydrologist, soil scientist, or engineer experienced in groundwater evaluation or hydrogeology to demonstrate that the proposed activity will not be detrimental to the purpose of the district. At a minimum, the analysis shall fully describe the seasonal profile of the volumes and directions of groundwater and surface water flows for pre- and post-development scenarios, the location and use of all present and potentially suitable future drinking water supplies that could be affected by uses, and the location and use of any surface water and/or groundwater that could be affected by the proposed use.
(4) 
The application shall contain adequate data, including field and laboratory measurement results and the fully documented calculations.
(5) 
The applicant shall present a profile of potential events which could adversely affect the normal range of quality or quantity of water leaving the site. Such events shall include any which could reasonably be expected to occur at least once in the lifetime of the proposed use.
[1]
Editor's Note: See now § 340-6.6, Submission requirements.
C. 
Review by other Town boards or agencies. Upon receipt of the application, the Planning Office shall transmit forthwith a copy of the application to the Conservation Commission, Town personnel, and other such boards or agencies as it may deem necessary or appropriate for their written reports. Any such board or agency to which petitions are referred shall make recommendations or submit such reports as they may deem appropriate and shall send a copy thereof to the Planning Board and the applicant within 30 days of receipt of the application by such board or agency. Failure to make a written recommendation or submit a written report within a 30-day period shall be deemed a lack of opposition.
D. 
Approval criteria. After notice and public hearing, and after due consideration of the reports and recommendations of other Town personnel, boards and agencies, the Planning Board may grant approval if it finds the proposed use has met the following criteria, which includes but is not limited to:
(1) 
The ability to meet the standards contained in the 250-RICR-150-05-3, Groundwater Quality Rules, Section 3.11, Groundwater Quality Standards and Preventive Action Limits, pertaining to GAA and GA classified groundwater areas.
(2) 
The ability to meet and follow all regulations as defined by EPA and RIDEM related to hazardous waste, and reporting, as defined by industry and where applicable. Examples include, but are not limited to: EPA Cradle to Grave system, Sara Title III, EPCRA (Emergency Planning and Community Right to Know) Reporting Requirements, DEM Rules and Regulations for Hazardous Waste Management (250-RICR-140-10-1), et al.
(3) 
Will not, during construction or thereafter, have any adverse environmental impact on any water body or watercourse in the Water Supply Protection Overlay District.
(4) 
The ability to meet the standards contained in 250-RICR-150-15-3 (active rule and as amended) for freshwater wetlands as defined by RIDEM and will not adversely affect an existing or potential water supply.
(5) 
Provision of an acceptable soil erosion and sediment control plan designed and stamped by a licensed RI professional engineer (PE).
(6) 
All permitted and special use permits must include a demonstration and use of best available control technology and industry best practices as outlined by either RIDEM, DOH, EPA where applicable.
(7) 
Location and description of any proposed facilities for refuse storage and disposal.
(8) 
Contaminants of concern shall be regulated as health standards become available by RIDEM and EPA.
(9) 
The ability to meet the standards contained in RIDEM Stormwater Management Rules and Guidance (250)-RICR-150-10-8.
(10) 
The ability to meet the standards contained in the Regulations for the RI Pollutant Discharge Elimination System (RIPDES) (250)-RICR-150-10-1.
(11) 
The ability to meet the standards contained in the Air Pollution Control Regulations (250)-RICR-120-05.
(12) 
The ability to meet the standards contained in the Oil Pollution Control Regulations (250)-RICR-140-25-1.
(13) 
The ability to meet the standards contained Rules and Regulations for Underground Storage Facilities (250)-RICR-140-25-1.
The Planning Board shall hold a public hearing no later than 65 days after receiving a completed application and may continue a public hearing under this section if it finds that such a continuance is necessary to allow the petitioner or applicant to provide information of an unusual nature and which is not otherwise required as part of a special permit application and to allow sufficient time for remonstrants and public comment.
A. 
At a minimum, the following design and operation guidelines shall be observed within the Water Supply Protection Overlay District:
(1) 
Fill. Fill materials used in the Water Supply Protection Overlay District shall not contain solid waste, toxic or hazardous materials, or hazardous waste. Adequate documentation shall be provided to the Planning Board to guarantee the natural quality of the fill. Any expenses incurred in laboratory analysis shall be solely at the expense of the applicant.
(2) 
Drainage. Stormwater shall be managed using low-impact development (LID) practices to avoid and reduce runoff volume to the maximum extent practicable, as specified in the RI Stormwater Design and Installation Standards Manual and the Rhode Island Stormwater Management Guidance for Individual Single-Family Residential Lot Development, as amended, where necessary to protect groundwater quality, runoff from paved parking lots, public and private streets, loading areas, storage and operating areas, and other impervious surfaces subject to contamination from road sediments, heavy metals and petroleum products, which shall be collected and diverted through an oil/water separator prior to discharge to the environment; collected and discharged into a "wet" stormwater detention basin capable of achieving water quality enhancement; or diverted toward vegetated filter strips, swales, or bioretention; or discharged or diverted to other stormwater management facilities designed to attenuate runoff and provide pollutant removal capabilities. The Planning Board may require off-site discharge if on-site discharge is not feasible because of site conditions, or it is undesirable because of risks to water quality from such recharge.
(3) 
The maximum percentage of impervious area for each zone shall be as follows: M: 40%, BH: 35%, REA: 10%, RA: 12%, RS: 15%, RU: 25%, BN: 40%, and all other commercial: 40%. Residential lots of record that are nonconforming by area shall meet the requirements of the zone for which their area most nearly matches. Nonconforming lots of less than 15,000 square feet may use 40% impervious cover.
(4) 
Residential storage tanks for petroleum products may be located outdoors, provided that they are located within a containment structure that has an impermeable base and surrounding dike. Such base and dikes shall be constructed of material which is both impermeable and compatible with the material being contained.
(5) 
Dumpsters which are used to store solid waste shall be covered or located within a roofed area and have drain plugs intact. No washing or rinsing of dumpsters shall occur on-site.
(6) 
Conservation developments are strongly encouraged for all major subdivision and land development projects in the Water Supply Protection Overlay District. (See Article XVI for conservation development requirements and standards.)
(7) 
A list of all hazardous materials and/or toxic substances shall be filed with the Town for all zoning or planning applications, along with any hazardous materials handling training programs for the employees of the proposed business. Each document shall thereafter be filed not less than annually (or on any significant change in operations) with the Town Fire Department which serves as the Emergency Planning District Council.
B. 
All facilities constructed in accordance with this section shall be maintained by the owner to assure their ability to function as designed. Failure to properly maintain said facilities shall constitute a violation of this article and is subject to enforcement action by the Town.
A. 
Enforcement. It is the intent of this article that all questions of interpretation and enforcement shall first be presented to the Zoning Enforcement Officer and that all questions shall be presented to the Zoning Board of Review only on an appeal from the Officer. Interpretation, enforcement, and appeals shall be conducted in compliance with § 340-5.18 of this chapter.
B. 
Violations. Written notice, via certified mail, of any violation of this article shall be given by the Officer to the responsible person within 48 hours of confirmation of the violation, specifying the requirement or restriction violated, the actions necessary to remove or remedy the violations, preventive measures required for avoiding future violations and a schedule of compliance. The costs of containment, cleanup, or other action of compliance shall be borne by the owner or operator of the premises.
C. 
Penalties. Violations of this section shall be subject to the penalties and actions as prescribed in § 340-5.34, Violations and penalties, of this chapter.
D. 
Fee schedule. A schedule of fees, charges, expenses, and penalty fees shall be established in conformation with § 340-5.30 of this chapter.