Town of Scituate Code of Ordinances - Appendix A Zoning
Scituate, Rhode Island
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STATE OF RHODE ISLAND
TOWN OF SCITUATE
ORDINANCE
TO AMEND THE CONTROLLED
SUBSTANCE
AND ALCOHOL
TESTING POLICY FOR EMPLOYEES
(CMV DRIVERS)
WHEREAS THE TOWN OF SCITUATEr:i
-
Is required by the u.s. Department
of Transportation,
Federal Motor Carrier
Safety
Administration
to
establish
programs
designed
to
help
prevent
accidents and injuries resulting from the misuse of alcohol or use of controlled
substances by drivers of commercial motor vehicles; and
-
Values its employees
and recognizes
each employee's
need for a safe and
healthy work environment
and is committed to maintaining
a safe workplace
for its drivers
and other users of the roadways
that is free from illegal
controlled substance use and the misuse of alcohol; and
-
Recognizes
employees
who
use
illegal
controlled
substances
and
abuse
alcohol tend to be less productive, less reliable, more prone to accidents, and
more prone to absenteeism,
all of which potentially
will result in increased
accidents,
costs, and risk to the Employer,
its employees,
and the general
public.
Accordingly, the Town of Scituate has amended its "Controlled Substance and Alcohol
Testing Policy" in compliance with the following laws and regulations.
REGULATORY
REFERENCES:
U.S.
Department
of
Transportation
(DOT),
Federal
Motor
Carrier
Safety
Administration
Regulations
(FMCSA), 49 CFR Parts 382 et al as originally published
February 15, 1994, Revised August 1,2002,
and including any subsequent amendments
(including Parts 383, 392 and 395 as applicable).
U.S. Department
of Health
and Human
Services
(DHHS)
and the Substance
Abuse and Mental Health Services Administration
(SAMHSA) Regulations, 49 CFR Part
40, as originally published December
1, 1989, Revised August 1, 2001, and including
any subsequent amendments.
PREEMPTION
OF STATE AND LOCAL LAWS
(a) Except as provided in (b) below, Federal regulations preempt any State or local law
rwe, regulation, or order to the extent that:
Compliance
with both the State or local requirement
and Federal regulations
is
not possible; or Compliance with the State or local requirement
is an obstacle to
the accomplishment
and execution of any regulatory requirement.
(b) The Federal
Regulations
shall not be construed
to preempt
provisions
of State
criminal law that impose sanctions for reckless conduct leading to actual loss of life,
injury,
or
damage
to
property,
whether
the
provisions
apply
specifically
to
transportation
employees, employers, or the general public.
Except as expressly provided
above, nothing in these regulations
shall be construed to
affect the authority of employers,
or the rights of drivers, with respect to the use of
alcohol or the use of controlled substances, including authority and rights with respect to
testing and rehabilitation.
NOW, THEREFORE, BE IT ORDAINED THAT:
Article V. Controlled Substance and Alcohol Testing Policy for Employees
(CMV Drivers) Secs. 2-146 - 163 are repealed; and,
Article V. Controlled Substance and Alcohol Testing Policy for Employees
(CMV Drivers) is amended as follows:
Sec. 3-100 INTRODUCTION
The following is the policy of the Town of Scituate, Department
of Public Works regarding testing for
controlled substances and alcohol of those employees who operate certain commercial motor vehicles
which require a commercial driver's license. A discussion of the physical effects of alcohol and certain
controlled substances on the body is also included. The name and telephone number of the person who can
answer any questions about this controlled substance and alcohol policy and assist you in any abuse
situation appears on the last page of this policy.
Sec. 3-101 APPLICABILITY
The drivers subject to drug and alcohol testing under this Policy are those drivers required to have
a Commercial
Driver's
License (CDL), and operate a Commercial
Motor Vehicle (CMV) which is
a motor vehicle or combination
of motor vehicles used in commerce
to transport
passengers
or
property if the CMV:
-
has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross
vehicle weight rating of more than 10,000 pounds; or
-
has a gross vehicle weight rating of26,001 or more pounds; or
-
is designed to transport 16or more passengers including the driver; or
-
is of any size and is used in the transportation of materials found to be hazardous for the purposes of the
Hazardous Materials Transportation Act and which require the motor vehicle to be placarded, 49 CFR
part 172, Subpart F.
(Includes
the Licencia
Federal
de Conductor
(Mexico)
requirements;
and the commercial
driver license
requirements
of the Canadian National Safety Code)
Exceptions:
49 CFR part 382 shall not apply to employers and their drivers: (1) Required to comply with
the alcohol
and/or
controlled
substances
testing
requirements
of 49
CFR
part
655 (Federal
Transit
Administration
alcohol and controlled substances testing regulations);
or (2) Who a State must waive from
the requirements
of 49 CFR part 383. These individuals include active military personnel;
members of the
Reserves;
and members
of the National
Guard on active duty, including
personnel
on full-time National
Guard
training
and National
Guard
military
technicians
(civilians
who are required
to wear military
uniforms), and active duty U.S. Coast Guard personnel; or (3) Who a State has, at its discretion,
exempted
from the requirements
of 49 CFR part 383.
Sec. 3-102 DEFINITIONS
The following terms and abbreviations
used in this Program are further defined below:
MRO
SAP
STT
BAT
CDL
CFR
CMV
DER
DHHS
DOT
Breath Alcohol Technician
Commercial
Driver's
License
Code of Federal Regulations
Commercial
Motor Vehicle
Designated Employer Representative
Dept. of Health & Human Services
Dept. of Transportation
EBT
Evidential Breath Testing Device
FMCSA
Federal Motor Carriers
Safety Administration
Medical Review Officer
Substance Abuse Professional
Screening Test Technician
For purposes of this Program, the following definitions are adopted.
ACCIDENT
means an occurrence involving a commercial motor vehicle:
1.
resulting in the death of a human being (surviving driver(s) must be tested);
2.
when the operator receives a citation under state, or local law for a moving traffic violation arising from
the accident, AND the accident involved:
a.
bodily injury to a person, who, as a result of the injury immediately receives medical treatment
away from the scene of the accident; or
b.
one or more vehicles incur disabling damage as a result of the occurrence and are transported
away from the scene by a tow truck or other motor vehicle.
ADULTERATED
SPECIMEN
means a specimen contains a substance that is not expected to be
present in human urine, or contains a substance expected to be present but is at a concentration
so
high that it is not consistent with human urine.
If a specimen
is reported by the laboratory to the
Medical Review Officer to have been adulterated
or substituted,
the Medical Review Officer will
offer the employee/applicant
the right to have his or her split specimen
tested.
If the Medical
Review Officer reports that the employee/applicant
has a verified adulterated
or substituted
test
result,
it is considered
a refusal to take a drug test.
A refusal to take a drug test results
in
consequences
specified
under
DOT
Federal
Motor
Carrier
Safety
Administration
(FMCSA)
regulations.
ALCOHOL
means
the
intoxicating
agent
in beverage
alcohol,
ethyl
alcohol,
or other
low
molecular weight alcohols including methyl or isopropyl alcohol.
ALCOHOL
CONCENTRATION
means the alcohol in a volume of breath expressed
in terms of
grams of alcohol per 210 liters of breath as indicated by a breath test in part 40.
BREATH
ALCOHOL
TECHNICIAN
(BAT)
means
a trained
and certified
individual
who
instructs and assists individuals
in the alcohol testing process and operates an evidential
breath-
testing device (EBT).
CANCELED
OR INVALID
TEST means a test that is determined
to be invalid by the Medical
Review Officer in the instance of a drug test or by a BAT in the instance of an EBT alcohol test.
CHAIN
OF CUSTODY/PROCEDURES
account for the integrity
of each urine specimen
by
tracking
its handling
and storage from point of specimen
collection
to final disposition
of the
specimen.
CFR means the Code of Federal Regulations.
COLLECTION
SITE
means a place where individuals
present themselves
for the purpose
of
providing
a specimen
of urine to be analyzed
for the presence
of drugs or a breath or saliva
specimen to determine alcohol concentration.
COMMERCE
means:
1.
Any trade, or transportation within the jurisdiction of the United States between a place in a State
and a place outside of such State, including a place outside of the United States: and
2.
Trade, traffic, and transportation in the United States which affects any trade, traffic, and
transportation described in # I above.
COMMERCIAL
MOTOR
VEHICLE
means a motor vehicle or combination
of motor vehicles
used in commerce to transport passengers or property if the motor vehicle:
1.
Has a gross combination weight rating of 11,794 or more kilograms (26,001 or more pounds)
inclusive of a towed unit with a gross vehicle weight rating of more than 4,536 kilograms
(10,000 pounds); or
2.
Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 or more pounds); or
3.
Is designed to transport 16 or more passengers, including the driver; or
4.
Is of any size and is used in the transportation of materials found to be hazardous for the
purposes of the Hazardous Materials Transportation Act and which require the motor vehicle
to be placarded under the Hazardous Materials Regulations (49 CFR part 172, Subpart
CONFIRMATION
(or confirmatory)
DRUG
TESTING
means a second analytical
procedure
performed by the laboratory on a urine specimen to identify and quantify the presence of a specific
drug or drug metabolite
which is independent
of the initial (screening)
test, and which uses a
different technique and chemical principle from that of the initial test in order to ensure reliability
and accuracy.
Currently,
a confirmation
drug test is conducted
by gas chromatography/mass
spectrometry
(GC/MS).
CONFIRMATION
(OR
CONFIRMATORY)
VALIDITY
TEST
means
a
second
test
performed on a urine specimen to further support a validity test result.
COUNSELING,
TREATMENT,
OR REHABILITATION
PROGRAM
is determined
by a
substance
abuse professional
(SAP) knowledgeable
in substance
abuse disorders based upon, but
not limited to, an evaluation
of the nature and extent of an individual's
substance
abuse, use, or
problem, and includes a recommended
treatment program, if applicable.
DER-DESIGNATED
EMPLOYER
REPRESENTATIVE
is an employer
or an individual(s)
identified
by the employer:
(1) as able to receive communications
and test results directly from
medical
review
officers,
BATs,
screening
test technicians,
collectors,
and
substance
abuse
professionals;
(2) who is authorized
to take immediate action to remove employees
from safety-
sensitive
functions;
and (3) to make required
decisions
in the testing
and evaluation
process.
Service agents cannot serve as DERs.
DHHS
means the u.S. Department
of Health and Human Services Regulations,
49 CFR Part 4(
entitled,
"Mandatory
Guidelines
for Federal
Workplace
Drug and Alcohol
Testing
Programs.'
These regulations
provide a system of checks and balances to eliminate errors and the possibility
of false positive results, etc., during collection and analysis of specimens,
and review of results by
a Medical Review Officer.
DILUTE
SPECIMEN
means a urine specimen
whose creatinine
and specific gravity values are
diminished
by the employee
(donor) through the introduction
of fluid (usually
water)
into the
specimen either directly or through excessive consumption
of fluids.
DIRECT
OBSERVATION
means observation
of alcohol or controlled substances
use and does
not include
observation
of employee
behavior
or physical
characteristics
sufficient
to warrant
reasonable suspicion testing as defined herein.
DISABLING
DAMAGE
means damage that precludes
departure
of a motor vehicle from the
scene of an accident in its usual manner in daylight after simple repairs.
1.
Includes damage to motor vehicles that could have been driven, but would have been further
damaged if so driven.
2.
Excludes:
a.
Damage which can be remedied temporarily at the scene of the accident without
special tools or parts.
b.
Tire disablement without other damage even ifno spare tire is available.
c.
Headlight or taillight damage.
d.
Damage to turn signals, horn, or windshield wipers, which make them inoperative.
DRIVER/EMPLOYEE
means any person who operates a CMV and is designated
in FMCSA
regulations
as subject to drug and/or alcohol testing.
The term includes
individuals
currently
performing
safety-sensitive
functions
designated
in FMCSA
regulations
and
applicants
for
employment
subject to pre-employment
testing.
This definition
includes, but is not limited to: full
time, regularly employed drivers; casual, intermittent
or occasional drivers; leased/contract
drivers
and independent,
owner operator contractors who are either directly employed
by, or under lease
to a company, or who operate a commercial
motor vehicle at the direction of or with the consent
of a company.
EMPLOYER
means
the Town
of Scituate
who employs
one or more employees
subject to
DOT/FMCSA
agency regulations
requiring
compliance
with 49 CFR Part 382 and 49 CFR Part
40.
As used in this Policy the term means the entity responsible
for overall implementation
of
DOT drug and alcohol program
requirements,
including
individuals
employed
by the Town of
Scituate who take personnel actions resulting from violations of this Program.
"Employer"
is used
interchangeably
with "Company"
in this policy. Service agents are not employers for the purposes
of DOT/FMCSA
regulations.
EVIDENTIAL
BREATH
TESTING
DEVICE
(EBT) means an EBT approved by the National
Highway
Traffic Safety Administration
(NHTSA)
for the evidential
testing of breath and placed
on NHTSA's
"Conforming
Products
List" (CPL) as conforming
with the model specifications
available
from NHTSA,
Office of Alcohol
and State Programs,
and approved
by DOT.
This
definition
includes
any subsequent
amendments
to the CPL of evidential
and non-evidential
screening or breath measurement
devices approved by DOT.
LABORATORY
means a testing laboratory which is certified by the Dept. of Health and Human
Services
under
the National
Laboratory
Certification
Program,
Substance
Abuse
and Mental
Health Services Administration.
MEDICAL
REVIEW
OFFICER
(MRO)
means a licensed
physician
(doctor of medicine
or
osteopathy),
responsible
for receiving
laboratory
results
generated
by this program;
who has
knowledge
of substance
abuse disorders,
and has appropriate
training to interpret and evaluate a
donor's
confirmed
laboratory
positive or "unsuitable"
drug test result together
with the donor's
medical history and any other relevant biomedical information.
The MRO is also required to have
a working
knowledge
of the DOT FMCSA
regulations
applicable
to the employer
for whom
he/she evaluates drug test results.
ON DUTY means any period during which a driver is actually performing,
ready to perform, or is
immediately
available to perform, including four (4) hours prior to reporting to perform a safety
sensitive function.
On duty time also means any of those on duty functions set forth in Part 395.2
"On Duty" paragraphs
(1) through
(7) of 49 CFR, and also listed under the definition
"safety-
sensitive functions"
in this Policy.
PERFORMING
A SAFETY SENSITIVE FUNCTION means any period in which the driver is
actually performing,
ready to perform, or immediately
available
to perform
any safety-sensitive
functions.
POLICY means the initiative related to the Controlled
Substance and Alcohol Testing Policy of
the Town
of Scituate
for drivers
in compliance
with U.S. Department
of Transportation
and
Federal Motor Carrier Safety Administration
regulations for drug and alcohol testing.
PRIMARY SPECIMEN (in drug testing Bottle A) is the urine specimen
that is opened and
tested
by the
original
laboratory
to determine
whether
the
employee
has
drug(s)
or drug
metabolite(s)
in his/her system.
The primary specimen
is distinguished
from the split specimen,
defined in this section.
RANDOM means that drug and alcohol tests are unannounced
and every person subject to testing
will have an equal chance with all other persons of being selected for testing.
There is never a
"safe period"
for any driver in the scheduling
of random tests.
The odds of being selected to
provide a specimen
are equal for all drivers on each collection/testing
day, regardless of whether
or not the driver was previously selected for testing.
REASONABLE SUSPICION means the employer believes the actions, appearance,
or conduct
ofa driver are indicative of the use ofa chemical substance(s),
including alcohol.
Such beliefs are
based on the actions,
appearance,
odor or conduct
of a driver while performing,
immediately
available to perform, or immediately
after performing a safety sensitive function.
REFUSAL TO TEST (DRUG OR ALCOHOL) means that a donor refuses to submit to testing
when
directed;
fails
to provide
an adequate
specimen
for testing
without
a valid
medical
explanation
after receiving
notice of the requirement
to be tested;
or, engages
in conduct that
clearly obstructs the testing process.
SAFETY SENSITIVE FUNCTION means any of the on-duty functions listed below:
1.
All time at a carrier or shipper plant, terminal, facility, or other property, waiting to be dispatched,
unless the driver has been relieved from duty by the employer.
2.
All time inspecting equipment as required by the Federal Motor Carrier Safety Regulations, or otherwise
inspecting, servicing, or conditioning any commercial motor vehicle at anytime.
3.
All time spent at the driving controIsof a commercial motor vehicle.
4.
All time, other than driving time, spent on or in a commercial motor vehicle (except for time spent
resting in the sleeper berth).
5.
All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or
unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle or
in giving or receiving receipts for shipments loaded or unloaded.
6.
All time spent performing the covered person's requirements associated with an accident.
7.
All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
SAMHSA
means the U.S. Substance Abuse and Mental Health Services Administration,
formerly
the National Institute on Drug Abuse (NIDA).
SAMHSA was established by the U.S. Department
of Health and Human Services (DHHS), to regulate laboratories
performing
analytical
drug tests
on human body fluids.
SCREENING
TEST
(OR INITIAL
TEST)
(1) in drug testing,
a laboratory
test to eliminate
"negative"
urine specimens from further analysis or to identify a specimen that requires additional
testing
for the presence
of drugs;
(2) in alcohol testing,
an analytical
procedure
to determine
whether
an employee
may have a prohibited
concentration
of alcohol
in a breath
or saliva
specimen.
SERVICE
AGENTS
are all parties who provide services to employers
in connection
with DOT
drug and alcohol
testing
requirements.
This
includes,
but is not limited
to, collection
site
personnel,
BATs
and
STTs,
laboratories,
MRO's,
substance
abuse
professionals
(SAP's),
consortia, and third party administrators.
SHY BLADDER
means a donor is unable to provide a sufficient quantity of urine for a drug test.
When this occurs, the donor is offered up to 40 ounces of fluid over a three (3) hours period to try
to obtain an adequate urine specimen for testing in one void.
If the donor is still unable to provide
a sufficient quantity of urine, the donor must be evaluated by a physician,
acceptable to the MRO,
to determine if there is a medical explanation for the inability to provide the specimen.
SHY LUNG means an individual is unable to provide a sufficient amount of breath to perform an
evidential
breath test for alcohol.
When this occurs, the donor must be evaluated by a physician,
approved
by the Employer,
to determine
if there is a medical
explanation
for the inability
to
provide sufficient breath.
SPECIMEN
means a body fluid that is analyzed to detect the presence of a drug or determine the
alcohol concentration
level. This Program may be amended to include specimens other than urine,
breath, or saliva that are approved
by the U.S. Department
of Health
and Human
Services for
federal workplace drug testing programs and the U.S. Department
of Transportation.
SPLIT
SPECIMEN
(Bottle B) is a part of the urine specimen that is sent to the first laboratory
and retained unopened,
and which will be transported
to a second laboratory in the event that the
employee requests it be tested following
a verified positive, adulterated,
or substituted test of the
.
.
pnmary specimen.
STAND DOWN
means the practice of temporarily
removing
an employee
from the performance
of safety-sensitive
functions based only on a report from a laboratory to the MRO of a confirmed
positive test for a drug or drug metabolite,
an adulterated
test, or a substituted
test, before the
MRO has completed verification
of the test results.
Employers are prohibited from standing down
employees
unless a waiver has been requested
and granted by FMCSA,
in accordance
with 49
CFR Part 40.21. An employer
does not need a 40.21 waiver to take other actions involving the
performance
of safety sensitive functions.
SUBSTANCE
ABUSE PROFESSIONAL
(SAP) means a licensed physician (Medical Doctor or
Doctor of Osteopathy),
or a licensed or certified psychologist,
social workers, employee assistance
professional,
or addiction
counselor
(certified
by the National
Association
of Alcoholism
and
Drug
Abuse
Counselors
Certification
Commission
or
by
the
International
Certification
Reciprocity
Consortium/Alcohol
& Other Drug Abuse).
All must have knowledge
of and clinical
experience
in the diagnosis
and treatment
of alcohol and controlled
substances
related disorders.
The SAP is also required
to have a working
knowledge
of DOT/FMCSA
applicable
to the
employer
for whom he/she evaluates
employees
who have engaged
in a DOT drug or alcohol
regulation violation.
SUBSTITUTED
SPECIMEN
is a specimen
not consistent
with human
urme that has been
submitted by the employee in place of his or her own urine.
SUBSTITUTED
TEST means a specimen with creatinine
and specific gravity values that are so
diminished that they are not consistent with human urine. If a specimen is reported to the Medical
Review
Officer
to
have
been
substituted,
the
Medical
Review
Officer
will
offer
the
employee/applicant
the right to have his/her split specimen tested.
If the specimen
is determined
to have been
substituted,
the Medical
Review
Officer
will advise
the employee/applicant
of
specific
additional
procedural
steps that may be taken to challenge
the result.
If the Medical
Review
Officer
reports that the employee/applicant
has a verified
substituted
test result,
it is
considered a refusal to take a drug test. A refusal to take a drug test has the same consequences
as
a verified positive test under FMCSA regulations.
SUPERVISOR
means all operational supervisors employed
by the Town of Scituate to supervise
driver employment
activities,
and who have received 60 minutes of training
on the specific and
contemporaneous
physical, behavioral,
and performance
indicators
of probable
drug use, and an
additional
60 minutes of similar training of probable
alcohol use/misuse.
A supervisor
does not
have to be a supervisor by job description title.
VALIDITY
TESTING
is performed
to determine
whether
a urine specimen
is adulterated
or
substituted.
An adulterated
specimen
means that a specimen
contains
a substance
that is not
expected to be present in human urine, or contains a substance
expected to be present but is at a
concentration
level so high that it is not consistent with human urine.
Substituted
specimen means
that the creatinine
and specific gravity values of the specimen
are so diminished
that they are not
consistent with human urine.
VERIFIED
NEGATIVE
DRUG TEST
means the result of a confirmed laboratory positive test
has established
the presence
of a drug (s) or drug metabolite(s)
in a specimen
at or above the
threshold
level, and has been determined negative by the MRO after an evaluation
of the donor's
medical history and any other relevant biomedical
information.
VERIFIED
POSITIVE
DRUG
TEST
means the result of a confirmed
laboratory
positive test
has established
the presence
of a drug(s) or drug metabolite(s)
in a specimen
at or above the
threshold
level, and has been determined
positive by the MRO after an evaluation
of the donor's
medical history and any other relevant biomedical information.
WORKPLACE
means a building, property
or premise
owned or utilized for official business,
jobsites,
and any type of vehicles owned and/or operated by an employee on behalf of the Town of
Scituate.
Sec. 3-103 PROHIBITED CONDUCT
In accordance
with 49 CFR Part 382, subpart B, "Prohibitions"
and the Town of Scituate's
own
authority,
conduct listed in this Section is prohibited.
A driver in violation of the provisions in
this Section is subject to disciplinary action up to and including termination for gross and
willful misconduct.
A.
A driver is prohibited from performing,
and the Employer
is prohibited from using a driver to
perform
safety
sensitive
functions
upon notification
of a verified
positive,
substituted
or
adulterated
drug test result
or an EBT alcohol
test result
indicating
a measured
alcohol
concentration
of 0.02 or greater, regardless
of when the drug or alcohol was ingested and
regardless
of whether
or not the
driver
is under
the
influence
of alcohol
or using
drugs,
as
defined
in federal,
state or local law.
B.
Refusal
to Test (alcohol
or controlled
substance
test).
Refusal
to test means
that the driver:
1.
Fails to appear
for any test (except
a pre-employment
test) within
a reasonable
time, as
determined
by the Employer,
consistent with DOT/FMCSA
regulations,
after being directed to
do so by the Employer;
2.
Fails to remain at the testing site until the testing process is complete.
If
the reason for the
test is pre-employment,
then a driver who leaves the testing
site before the testing
process
commences
a pre-employment
test is not deemed to have refused to test;
3.
Fails to provide a urine specimen for any drug test required by Part 40 or FMCSA regulations.
If the reason
for the test is pre-employment,
then a driver who does not provide
a urine
specimen
because he/she has left the testing site before the testing process commences
is not
deemed to have refused to test;
4.
In the case of a directly observed
or monitored
collection
in a drug test, fails to permit the
observation
or monitoring
of the driver's provision of a specimen;
5.
Fails
to provide
a sufficient
amount
of urine when
directed,
and it has been determined
through a required medical evaluation
that there was no adequate
medical explanation
for the
failure;
6.
Fails or declines to take a second test the employer or collector has directed the driver to take;
7.
Fails to undergo
a medical examination
or evaluation,
as directed by the MRO as part of the
verification
process, or as directed by the Employer
under 49 CFR part 40.193.
In the case of
a pre-employment
drug test, the driver is deemed to have refused to test on this basis only if
the pre-employment
test is conducted
following a contingent
offer of employment;
8.
Fails to cooperate
with any part of the testing
process
(e.g., refuse to empty pockets when
directed by the collector, behave in a confrontational
way that disrupts the collection process);
or is reported by the MRO as having a verified adulterated
or substituted
test result.
C.
Controlled
Substances
The following
conduct
is prohibited
when
a driver
is performing
safety
sensitive
functions
on the
Employer's
property,
in the workplace,
on duty,
or off duty
when
the conduct
affects
the driver's
fitness
for duty.
1.
Use of illicit drugs.
2.
Having a verified positive, adulterated
or substituted
drug test result.
If a properly
conducted
urinalysis
shows
that
the donor
has in his/her
urine
any amount
of a drug(s)
or drug
metabolite(s)
whose possession
or use is unlawful
or in violation
of this Program;
and, that
amount is not the result of medical treatment,
prescribed
by a licensed medical practitioner
for
that individual,
it will constitute a
verified
positive
drug test.
Legally
prescribed
medications
must be written
ONLY for the
driver.
Any driver taking a medication
prescribed
for another person (including
a spouse) will
be considered to be taking an illegal substance.
3.
Misuse or impairment
by authorized
drug use which may affect work performance
or pose a
danger to the safety of the driver or others.
Drivers
are required
to inform the Employer's
designated
representative
of any therapeutic
drug use.
4.
Reporting
for
duty
or remaining
on duty
requiring
the
performance
of safety
sensitive
functions
when the driver uses any controlled
substance
unless the controlled
substance
is
prescribed
for the driver
and is used
pursuant
to the
instructions
of a licensed
medical
practitioner
who has advised the driver that the substance will not adversely affect the driver's
ability to safely operate a commercial
motor vehicle.
5.
If the Employer has actual knowledge
that a driver has used a controlled
substance the driver
shall not be permitted to perform or continue to perform a safety sensitive function.
6.
When a driver fails to provide an adequate urine sample, the Employer,
after consulting
with
Medical
Review
Officer
(MRO)
shall
direct
the
driver
to obtain,
within
five
days,
an
evaluation
from a licensed
physician,
acceptable
to the MRO.
The referral
physician
must
have expertise
in the medical
issues raised by the driver's
failure
to provide
a sufficient
specimen,
to determine
if a medical condition precluded the driver from providing
a sufficient
amount
of urine. The referral,
if other than the MRO,
must provide
a written report to the
MRO.
The MRO will seriously
consider and assess the referral physician's
recommendation
in making a determination
of the reason for the inability to provide an adequate specimen.
a.
If the MRO determines
the failure to provide
an adequate
specimen
was due to a
medical
condition,
the test will be reported
as cancelled
to the Employer.
A
cancelled test will not constitute a "refusal to test" and no disciplinary
action will be
taken.
b.
If the MRO determines the failure to provide an adequate specimen was not due to a
medical condition, the MRO will report a "refusal to test" to the Employer.
7.
Leaving the scene of an accident without a valid reason, except to submit to a drug test or to
receive or to obtain medical treatment,
will create a rebuttable
presumption
of a refusal to test.
8.
Consuming
any chemical
substance
within 32 hours after an accident
unless a post accident
drug test has been performed.
D.
Alcohol
The
following
conduct
is prohibited
when
a driver
is performing
safety
sensitive
functions
on the
Employer's
property,
in the workplace,
on duty,
or when
the conduct
affects
the
driver's
fitness
for duty.
1.
Use of alcohol, an alcohol concentration
of 0.02 or greater, or under the influence
of alcohol
while performing
safety-sensitive
functions,
operating or having physical
control of a vehicle,
or within four (4) hours before going on duty operating or having physical control of a vehicle.
2.
Leaving
the scene of an accident, except to submit to an alcohol test or to receive or obtain
medical treatment,
or consuming
any alcohol within eight (8) hours after an accident unless a
post accident alcohol test has been performed.
3.
Having ANY measured
alcohol concentration
or detected presence
of alcohol while on duty,
operating or in physical control of a vehicle (Ref: 49 CFR Part 392.5).
4.
Be on duty or operate a vehicle if, by the driver's
general appearance
or conduct or by other
substantiating
evidence,
the driver appears to have used alcohol within the preceding
four (4)
hours regardless of whether an EBT alcohol test has been performed.
5.
Report for duty, perform or continue to perform safety sensitive
functions
including driving a
vehicle
with an alcohol
concentration
level of 0.02 or greater.
No employer
having
actual
knowledge
that a driver has an alcohol concentration
of 0.02 or greater shall permit the driver
to perform or continue to perform safety-sensitive
functions.
a.
When a driver has a confirmed alcohol concentration
level of 0.02 but less than 0.04
the
driver
will be immediately
removed
from
performing
any
safety
sensitive
function
until the start of the driver's
next regularly
scheduled
duty period, but not
less
than
24
hours
following
administration
of
the
test.
No
action,
under
DOTIFMCSA,
may be taken against a driver based solely on test results showing an
alcohol concentration level less than 0.04. The Employer is not prohibited from
taking action, under its own authority, or as otherwise consistent with law.
b.
When a driver has a confirmed alcohol concentration level of 0.04 or greater the
driver will be immediately removed from performing any safety sensitive function.
6.
Any driver whose appearance, conduct, or other substantiating evidence gives reasonable
suspicion of alcohol use and a test cannot be administered will be immediately removed from
performing any safety sensitive function. Removal from duty for reasonable suspicion when
unable to administer a test for alcohol does not require evaluation by a substance abuse
professional.
7.
When a driver fails to provide an adequate breath sample, the driver will be referred to a
licensed physician, approved by the Employer, for a medical evaluation to determine the
reason for the inability to provide an adequate sample.
a.
If the physician determines the failure to provide an adequate specimen was due to a
medical condition, it will not constitute a "refusal to test" and no disciplinary action
will be taken.
b.
If the physician determines the failure to provide an adequate specimen was not due
to a medical condition, it will constitute a "refusal to test."
Sec. 3-104 REQUIRED
TESTING
This Program
provides
for testing
of applicants
for employment
and employee
drivers
for the use of
controlled substances,
including alcohol, for the following purposes:
Pre-employment
(Drug Test Only)
Random
Return to Duty and Follow Up, if applicable
Reasonable
Suspicion
Post Accident
Employees
will be compensated
for time expended to provide test samples only if testing is directed by the
Employer.
Applicants are not compensated
for time expended to provide test samples.
A.
PRE-EMPLOYMENT
1.
As a condition
of employment,
all driver applicants
are required to comply with the
provisions
of the Town of Scituate ontrolled
Substances
and Alcohol
Testing Policy
and the requirements
of 49 CFR part 40, and 49 CFR part 382.
2.
All driver
applicants
are subject
to pre-employment
drug testing
unless
otherwise
exempted by regulation.
Testing must be completed,
and the Employer must receive a
verified negative
test result for the driver prior to the first time a driver performs
a
safety-sensitive
function.
The
Employer
is not
required
to
administer
a pre-
employment
controlled
substances
test if the driver meets the exceptions
of 49 CFR
part 382.301(b) as follows:
a.
Has participated in a controlled substances testing program that meets the requirements of
49 CFR part 382 within the previous thirty (30) days; and
b.
Was tested for controlled substances within the past six (6) months (from the date of
application with the Employer), or participated in the random controlled substances
testing program for the previous 12months (from the date of application with the
Employer); and
c.
The Employer ensures that no prior employer of the driver has records of a violation of
the MCSA regulations or the controlled substances use rule of another DOT agency
within the previous six (6) months.
3.
Ifthe Employer
exercises the exception to perform a pre-employment
controlled
substances
test,
the
Employer
must
contact
the
controlled
substances
testing
program(s)
in which the driver participated
and shall obtain and retain the following
information:
a.
Name(s) and address (es) of the program(s).
b.
Verification that the driver participates or patiicipated in the program(s) and the program
conforms to Part 40.
c.
Verification that the driver is qualified under FMCSA regulations, including
that the
driver has not refused to be tested for controlled substances.
d.
The date the driver was last tested for controlled substances and the results of any tests
taken within the previous six (6) months and any other violations ofFMCSA regulations.
4. If the Employer uses, but does not employ a driver more than once a year to operate a
CMV, the information
enumerated
above in #2 must be obtained at least once every six
(6) months.
5.
Upon an offer of employment
and as a condition of employment:
(1) An applicant will
be asked to disclose, under affidavit, whether he/she has had a positive drug or alcohol
test
result,
or refusals
to test on any pre-employment
test
administered
by an
employer
to which
the
applicant
applied
for,
but
did not
obtain
safety-sensitive
transportation
work covered by DOT during the past three
(3) years.
If the applicant
admits that he/she had a positive or a refusal to test on a pre-employment
test, the
applicant must satisfy the requirements
ofV.
A. S.d (1)-(6) below to be considered for
employment.
(2) The applicant will also be required to sign a release authorizing
the
Town
of
Scituate
to obtain
information
on
the
applicant's
alcohol
tests
with
a
concentration
result
of 0.04 or greater,
verified
positive
controlled
substances
test
results, refusals to be tested, and other violations
of DOTIFMCSA
drug and alcohol
testing regulations
from DOT employers
for whom the individual
worked during the
three (3) years prior to the date of application or transfer.
a.
If feasible, the information required in V.A.5 above must be obtained from previous
employers prior to the first time the applicant performs safety sensitive functions for
the Town of Scituate.
b.
If not feasible, the information must be obtained and reviewed as soon as possible,
but no later than 30 calendar days after the first time the applicant performs safety
sensitive functions unless the Employer obtained or made and documented a good
faith effort to obtain this information.
c.
The Employer must retain this information (including documentation of a good faith
effort to obtain) for three years from the date of the driver applicant's first
performance of safety sensitive duties.
d.
Upon
receipt
of
the
information
described
in
V.AS.,
above,
if the
information
states or if the driver applicant
admits that he/she has had a
verified positive drug or alcohol test, or refusal to be tested, the Employer is
prohibited
from
using
the
driver
applicant
to
perform
safety-sensitive
functions until and unless the applicant documents successful completion of
the return-to-duty
process by submitting evidence of:
(1)
Evaluation by a substance abuse professional;
(2)
Completion
of
any
treatment,
counseling,
rehabilitation,
etc.,
recommended by the substance abuse professional;
(3)
Reevaluation by a substance abuse professional to determine the applicant
has successfully and properly complied with the treatment, counseling,
rehabilitation, etc.
(4)
Passed a return to duty test with a result indicating an alcohol
concentration of less than 0.02 and/or a controlled substances test with a
verified negative result;
(5)
Completion of at least six follow up tests with negative results within 12
months after a return to duty; and
(6)
The applicant has been medically certified as qualified to drive. If the
driver applicant refuses to provide written consent to authorize release of
the drug and/or alcohol testing history he/she will not be permitted to
perform safety sensitive functions as a driver.
e.
If the
Town
of Scituate
is the
employer
from
whom
information
is
requested,
after reviewing
a driver applicant's
specific, written consent, the
information
must immediately
be released
to the employer
making
the
inquiry.
All
information
provided
must
be in writing,
and a written,
confidential record of the information, including the date, the party to whom
it was released,
and a summary
of the information
provided
documented
and maintained on file.
B.
REASONABLE SUSPICION
This Policy
provides
for the testing
of drivers
for controlled
substances,
including
alcohol,
when a Town of Scituate supervisor,
who is trained
in accordance
with 49
CFR part 382.603, has reasonable suspicion the driver is unfit to perform his/her duties
or has used or is using controlled
substances
and/or
alcohol
prohibited
under this
Program.
1.
Reasonable
suspicion
arises from direct observation
of use (as defined in this
policy),or
based
on
specific,
contemporaneous,
articulable
observations
concerning
the appearance,
behavior,
speech or body odors of the driver. A
written
record
shall be made
of the observations
leading
to an alcohol
or
controlled
substances reasonable
suspicion test, and signed by the supervisor or
Company
official who made the observations,
within 24 hours of the observed
behavior
or before the results of the alcohol or controlled
substances
tests are
released, whichever is earlier.
2.
Drivers may be directed by the Town of Scituate to undergo reasonable
suspicion
testing while the driver is performing
safety-sensitive
functions, just before the
driver is to perform safety-sensitive
functions, or just after the driver has ceased
performing
such functions.
3.
Determinations
to test will be made immediately
before, during or immediately
after a driver is performing a safety sensitive function.
4.
The
supervisor
who makes
a determination
to test a driver
for reasonable
suspicion
of drugs or alcohol shall not perform the specimen
collection
for the
drug test or perform the EBT test for alcohol.
5.
Reasonable
suspicion alcohol tests will be performed
within eight (8) hours of
the determination
that such testing is required.
6.
A driver will be removed from performing
safety sensitive functions until a test
can be performed
confirming
an alcohol
concentration
less than 0.02; for a
minimum of 24 hours if an alcohol test is not performed.
7.
Procedure
- A driver directed
to submit to a reasonable
SuspIcion controlled
substances
and/or alcohol test will be transported
to a collection/testing
site by
the Employer's
designated
representative
for the collection
of urine and/or a
breath specimen.
C.
RANDOM
1.
All covered
employees
are subject to random testing for drugs and alcohol.
The
selection of drivers for random alcohol and controlled substances testing is made by
a scientifically
valid method, using a computer based random number generator that
is matched
with the drivers'
social
security
numbers,
and is fully documented.
Selections
are spread
reasonably
throughout
the calendar
year,
and each driver
selected for testing must be tested during the selection period.
2. Drivers selected for random testing will be notified and shall immediately report to the
collection/testing
site upon notification
to be tested.
If the driver is performing
a
safety sensitive function, other than driving a commercial
motor vehicle, at the time
of notification,
the Employer
will ensure the driver ceases
to perform
the safety
sensitive
function
and proceed
to the testing site as soon as possible.
Failure to
immediately proceed to the collection/testing
site may be deemed a refusal to test.
3. Random alcohol tests will be performed while the driver is performing
or just before
performing
safety sensitive functions
or just after the driver has ceased performing
safety sensitive functions.
4.
Random
controlled
substances
testing will be conducted
at any time the driver is
working for the Employer
5.
When a driver is off work due to long term layoffs, illnesses,
injuries or vacation
more than 30 days, the pre-employment
controlled substances provisions
apply prior
to the driver performing safety sensitive functions.
D.
POST ACCIDENT
1.
Drivers
are subject to post accident
testing
for drugs and alcohol
as defined
in
Section III. "Definitions"
of this Program.
Drivers will be provided
with necessary
post
accident
information,
procedures,
and
instructions
so that
testing
can
be
performed.
2.
Post accident
drug and alcohol
tests will be performed
as soon as practicable
following an occurrence
involving a commercial
motor vehicle operating on a public
road in commerce.
Drivers
must remain readily
available
for testing,
in the absence
of receiving
or
obtaining
medical treatment, and are prohibited from using any drugs or alcohol
until testing has been completed.
The administration
of legal drugs determined to be
medically
necessary
for treatment
of injuries
of the driver
when prescribed
by a
licensed medical practitioner will not be delayed pending a drug test.
3.
Post accident controlled substance tests must be performed
as soon as possible but
within 32 hours after an accident.
If the test is not administered
within 32 hours
following the accident, the supervisor shall cease any attempt to administer the test,
under DOT
authority,
and document
why it was not possible
to perform
it and
maintain on file. Records must be submitted to the FMCSA upon request.
4.
Post accident EBT alcohol tests must be performed
as soon as possible
but within
eight (8) hours after the accident.
a.
If an EBT test is not administered within two (2) hours following the accident, the
supervisor is required to document why it was not performed and maintain on file.
Records must be submitted to the FMCSA upon request.
b.
If an EBT test is not administered within eight (8) hours following the accident, the
supervisor shall cease any attempt to administer the test and document why it was
not performed, and if it would have been possible to perform a blood alcohol test.
5.
Any "missed" tests, e.g., tests could not be performed,
shall be reported to FMCSA,
upon request.
6.
A breath
or blood test for the use of alcohol
and/or
a urine test for the use of
controlled
substances
conducted
by Federal,
State, or local officials
having
independent
authority
for the test, shall be considered
to satisfy the post accident
testing requirements,
provided such tests conform to the applicable Federal, State, or
local testing
requirements
and that the results
of the tests
are obtained
by the
Employer.
The following
table notes when post-accident
drug and alcohol tests are required
to be performed
III
accordance with DOT/FMCSA
regulations.
Type of Accident
Involved
Human Fatality
Bodily
injury
with
immediate
medical
treatment
away from
the scene.
Disabling damage to any
motor vehicle requiring tow
away.
"Citati.on Issued ..to the CMV Driver
YES
NO
YES
NO
YES
NO
Test Must Be Performed By
Employer
YES
YES
YES
NO
YES
NO
-
The driver must receive a citation within 32 hours of the occurrence
under State or local lav
for a moving traffic violation arising from the accident.
E. RETURN TO DUTY
When a driver
is in violation
of the controlled
substances
or alcohol
prohibitions
in thi
Policy, before a driver returns to duty requiring the performance
of safety, he/she must:
1.
Be evaluated by a Substance Abuse Professional
(SAP);
2.
Complete the recommended
treatment, counseling plan, etc.
3.
Be re-evaluated
by the SAP to determine successful completion of treatment; and
4.
Submit to a return to duty test for drugs and/or alcohol
a.
The result for a controlled substances test result must be negative and/or;
b.
The alcohol test result must confirm an alcohol concentration level less than 0.02.
F.
FOLLOWUP
1.
After passing
a return to duty test,
the driver
is required
to submit to at least six
(6)follow up tests during the first 12 months following return to duty.
2.
Follow
up testing
may be required
for up to 60 months
unless
the substance
abuse
professional
makes a determination
testing is no longer warranted.
3.
Follow up tests are unannounced
and may include testing for drugs and/or alcohol.
4.
Follow-up
alcohol testing will be conducted
only when the driver is performing
or just
before
performing
safety
sensitive
functions,
or just
after
the
driver
has
ceased
performing safety sensitive functions.
Sec. 3-105 SUBSTANCES
TO BE TESTED
A.
Under this Program applicants and drivers will be routinely tested for the substances listed
below:
Cocaine
Opiates
Phencyclidine
(PCP)
Cannabinoids
(Marijuana)
Amphetamines,
and
Alcohol
The threshold
levels (screening
and confirmation)
for the substances
specifically
listed
above have been established by DHHS/SAMHSA
Regulations,
49 CFR Part 40, and this
Program adopts, by reference, these threshold levels for testing purposes as published and
including any subsequent amendments
The name
of the Town
of Scituate
designated
employee
to contact
to answer
any
questions,
third
party
administrator,
testing
laboratory,
and
Medical
Review
Officer are listed in Appendix
B.
Sec. 3-106 INDIVIDUAL
RIGHTS
A.
The individual being tested will receive a copy of the Chain of Custody form upon completion
of the specimen collection process for a urine drug test.
B.
A copy of the Chain of Custody form, which includes the test result, will be given to the
individual tested for alcohol when performed using an EBT.
Sec. 3-107 GENERAL
PROVISIONS
. A.
If a driver is using a legally obtained prescription
or over the counter drug which has actual
mind or performance
altering effects, he/she must show the medication
and/or prescription to
the DER at the beginning of the work period.
Depending
upon the nature ofthe
drug and the
driver's
job
duties, the DER
may refuse to allow the driver
to perform
safety
sensitive
functions unless he/she refrains from taking the medicine/drug:
1.
Until such time as the effects will not be experienced during the driver's on duty time; or
2.
Upon presenting a note from the prescribing licensed medical practitioner stating there are no
adverse side effects from taking the prescription which would impair the driver's ability to
safely perform safety sensitive functions.
B.
Witnessed
urine specimen collection
(specimens
collected
under direct observation)
shall or
may be required when:
1.
A donor alters or attempts to alter, substitute, or contaminate a urine specimen.
2.
A donor attempts to obstruct the testing process.
3.
The temperature of the urine specimen is outside of the established temperature range 90-100
degrees F.
4.
A previous drug test report indicated an adulterated or substituted specimen.
5.
A donor has previously had a verified positive test result.
C.
Drivers shall notify the Designated
Employer
Representative
(DER) of any conviction
of a
violation,
in any type of motor vehicle, a State or local law relating to motor vehicle traffic
control
(other than a parking
violation)
but including
a criminal
drug or alcohol
statute
conviction.
Drivers
are also required
to notify
the DER
if his/her
driver's
license
is
suspended,
revoked,
or canceled by a State or jurisdiction;
who loses the right to operate a
CMV for any period; or, who is disqualified
from operating a CMV. The notification
must be
made before the end of the business day following
the day the employee
received notice of
the suspension, revocation,
cancellation,
lost privilege, or disqualification.
D.
Legally prescribed
medications
must be written ONLY for the driver.
Any driver taking a
medication
prescribed for another person (including a spouse) will be considered to be taking
an illegal substance.
Medications
and any food substance
containing
alcohol are prohibited
for drivers on duty and while performing
safety sensitive functions.
Ingestion of hemp foods
or products is not a legal medical explanation as a defense to a positive drug test under DOT.
E.
The Employer
reserves
the right to implement
a policy, in accordance
with 49 CFRParts
40.155(c)
and
40.197, that requires an employee to immediately
take another drug test upon
the receipt of a "negative dilute" test result from the MRO.
When an employee is directed to
take another test (but not under direct observation),
the result of the second test becomes the
test of record.
The employer is not permitted to make the employee take a third test because
the second test was also "negative
dilute."
If an employee
does not take a second test, it
becomes a refusal to test and the employee will be subject to the same disciplinary
action as
provided herein on a refusal to test.
Sec. 3-108 CONSEQUENCES
OF PROGRAM
VIOLATION(S)
A.
Except as otherwise provided in this Policy, no driver shall perform safety sensitive functions,
including driving a CMV, if the driver has engaged in conduct prohibited by this Policy or an
alcohol or controlled
substances
rule of another U.S. Department
of Transportation
agency.
For purposes
of this section,
"CMV"
means a commercial
motor vehicle
in commerce
as
defined herein and a CMV in interstate commerce as defined in 49 CFR part 390.
B.
No driver who has engaged in conduct prohibited by this Policy shall perform safety sensitive
functions,
including driving a CMV, unless the driver has successfully
completed the referral,
evaluation,
and treatment
listed in this Policy.
C.
No driver tested under the alcohol testing requirements
of the DOT/FMCSA
listed in this
Policy who is found to have an alcohol concentration
of 0.02 but less than 0.04 shall perform
or continue to perform safety sensitive functions for the Town of Scituate including driving a
CMV, until the start of the driver's
next regularly
scheduled
duty period, but not less than
twenty-four
(24) hours following the administration
of the test.
D.
Drivers who have engaged in conduct prohibited
by this Policy will be advised by the Town
of Scituate
of the resources
available
to the driver in evaluating
and resolving
problems
associated with the misuse of alcohol and use of controlled substances,
including the names,
addresses,
and telephone
numbers
of substance
abuse
professionals
and counseling
and
treatment programs. (Appendix
C)
E.
Drivers who have engaged in conduct prohibited
by this Policy will be evaluated
by a SAP
who will determine what assistance the employee needs in resolving problems associated with
alcohol misuse and controlled substances use.
F.
In the event a driver is returned to duty requiring the performance
of safety sensitive functions
after engaging
in conduct prohibited
by this Policy,
and after successfully
completing
the
return-to-duty
requirements,
the driver shall undergo a return-to-duty
alcohol test with a result
indicating an alcohol concentration
of less than 0.02, and/or a controlled substances test with
a verified negative result, and be subject to the follow-up testing requirements.
G.
The requirements
of this Policy with respect to referral, evaluation
and rehabilitation
do not
apply to applicants
who refuse to submit to a pre-employment
controlled
substances
test or
who have a pre-employment
controlled substances test with a verified positive, substituted,
or
adulterated test result.
H.
An employee cannot voluntarily
self-identify
that he/she needs assistance to avoid testing or
disciplinary
action related to a violation of this Policy.
Sec. 3-109 AVAILABLE
ASSISTANCE
A.
A list of names, addresses, and telephone numbers of counseling,
treatment and rehabilitation
providers
is available
in (Appendix
C).
The Employer
does not imply any endorsement
of
these services in furnishing such a list.
B.
An employee may contact the Employer's
Designated
Representative
listed in (Appendix
B)
to identify additional resources for treatment.
C.
Periodically
the Employer
will disseminate
drug abuse and alcohol
misuse
information
to
drivers.
D.
A driver identified as needing assistance in resolving problems associated with alcohol misuse
or controlled substances use must:
1.
Be evaluated by a Substance Abuse Professional (SAP);
2.
Complete the recommended treatment, counseling plan, etc.
3.
Be re-evaluated by the SAP to determine successful completion of treatment; and
4.
Submit to a retum to duty test for drugs and/or alcohol
3.
The result for a controlled substances test result must be negative and/or;
b.
c.
The alcohol test result must confirm an alcohol concentration level less than 0.02.
5.
After passing a return to duty test, the driver is required to submit to at least six (6) follow up tests
during the first 12 months following return to duty.
6.
Follow up testing may be required for up to 60 months unless the substance abuse professional
makes a determination testing is no longer warranted.
7.
Follow up tests are unannounced and may include testing for drugs and/or alcohol.
8.
Follow-up alcohol testing will be conducted only when the driver is performing or just before
safety sensitive functions, orjust after the driver has ceased performing safety sensitive functions.
Sec. 3-110 NOTIFICATION
OF PROGRAM
A.
Applicants
for driver positions may be notified of this Policy by letter, by posting the Policy
or a notice there of prominently
in the applicant processing
area or by including
such notice
on the application for employment.
'B.
All incumbent employee
drivers were notified of the Policy prior to implementation
and will
receive
notice of any amendments
to this Policy.
Copies of the Policy
are available
for
inspection during regular business hours in the Employer's
business office.
C.
Questions
regarding
this
Program
may
be
directed
to
the
Employer's
Designated
Representative
listed in (Appendix
B).
Sec. 3-111 CONSENT
TO TESTING
Applicants
and employee drivers are required to complete and sign a form that includes, but is not
limited to, the information
listed below.
The form will be executed and maintained
as part of the
pre-placement/employment
procedures.
As such, the requirements
for confidentiality
are the same
as any other record.
A.
Acknowledges
that
notice
of
this
Policy,
49
CFR
part
382,
U.S.
Department
of
Transportation/Federal
Motor
Carrier
Safety
Administration
regulations
and
testing
procedures
required in 49 CFR part 40 has been provided.
B.
Acknowledges
consent by the applicant or employee to be tested for chemical substances,
as
defined herein, and comply with the provisions of the Policy.
C.
Authorizes
the Employer's
Medical Review Officer and a breath alcohol technician,
when an
EBT test is performed
or SIT
when a saliva/breath
screening
alcohol test is performed,
to
release results to the DER.
D.
Acknowledges
that no applicant or employee can be forced to submit to a chemical substance
screening
test,
but that failure
to submit
constitutes
a refusal
to test and shall create
a
rebuttable presumption
that a chemical substance was present.
Sec. 3-112 DISCLAIMER
- SEPARABILITY
AND SAVINGS
A.
Federal regulations
shall not be construed to preempt provisions
of state criminal
laws that
impose sanctions
for reckless
conduct
leading to actual
loss of life, injury, or damage to
property, whether the provisions apply specifically to transportation
employees,
employers, or
the general public.
B.
This Policy
does not imply
any contractual
employment
relationship
and the Employer
explicitly reserves the right to "employment
at will."
C.
If any portion of this Policy or any amendments
hereto should be held invalid by operation of
law or by any tribunal of competent jurisdiction,
or if compliance
with or enforcement
of any
portions should be restrained
by such tribunal pending a final determination
as to its validity,
the remainder of this program and amendments,
or the application
of such portion to persons
or circumstances
other than those to which it has been held invalid or as to which compliance
with or enforcement
of has been restrained shall not be affected.
D.
This Policy is not intended to and shall not constitute
any waiver of any rights possessed by
the Employer
from any source
whatsoever.
Nothing
in this Policy
shall be construed
as
limiting the Employer's
right to take disciplinary
action up to and including termination
for
willful
misconduct
due to involvement
with drugs
or alcohol
not specifically
addressed
herein.
E.
This Policy
may be amended
as required
by federal,
state, or local laws and regulations
affecting drug and alcohol testing programs in the workplace.
Sec. 3-113 DISCIPLINE
A.
The town, department
of public works has adopted
additional
employee
policies
with
respect
to
the
use
or
possession
of
alcohol
or
controlled
substances,
including
consequences
for a driver found to have a specified alcohol or controlled substance level,
based
upon
the
employer's
authority
independent
of
the
DOT/FHWA
Federal
Regulations.
B.
The town, department
of public works adopts the following discipline policy which is to
be appended and implemented
in conjunction
with the town substance and alcohol testing
policy reviewed by the town council originally on January 11, 1996, and as amended.
C.
In addition to all of the consequences
set forth in such policy, such consequences
being
incorporated
herein by reference, any employee found to have violated the policy shall be
disciplined as follows:
(1)
First offense:
Suspension
from job without pay for up to fourteen (14). days and a
letter of reprimand in personnel file at the discretion of the director of public works.
(2)
Second offense:
Suspension from job without pay for at least fourteen (14) days up
to and including
termination
and a letter of reprimand
in the personnel
file at the
discretion of the director of public works.
(3)
Third offense:
Termination.
AppendixA
DHHS/SAMHSA Certified Drug Testing Laboratories
Drugs Tested/Cutoff ConcentrationsNalidity
Testing/Retention of Specimens
A laboratory
must only test a specimen
for the following five drugs or classes of drugs in a DOT drug
test.
The laboratory
is prohibited
from testing specimens
for any other drugs including
DNA testing.
Type of Drug/Nlet~b6Iite
Marijuana
Metabolite Delta-9-
tertrahydrocannabinol-9-
carboxylic acid (THC)
Cocaine Metabolites
(Benzoylecgonine)
Phencyclidine(PCP)
Amphetamines
Amphetamine
Methamphetamine
Opiates
Morphine
Codeine
6-MAM
Initial Test
50
300
25
1000
2000
Confirmation Test
15
150
25
500
500
(specimen
must
also
contain
amphetamine
at a concentration
of
greater than or equal to 200 ng/ml).
2000
2000
10 *
*A 6-MAM test is only performed when a specimen contains morphine at a concentration equal to or greater than 2000
ng/ml.
1.
On an initial
test:
(1) If the result
is below the cutoff
concentration
level it is reported
as
negative.
(2) If the
result
is at or above
the
cutoff
level,
a confirmation
test
must
be
performed.
2.
On a confirmation
test:
(1) If the result
is below the cutoff level it is reported
as negative.
(2) If the result is at or above the cutoff level, it is reported
as a confirmed
positive result.
3.
Quantitative
values for morphine
or codeine must be reported
at 15,000 ng/ml or above.
Alcohol
testing
performed
by
a Certified
Breath
Alcohol
Technician
(BAT)
using
an
Evidential
Breath
Testing
(EBT) Device, which appears
on the CPL of the National
Highway
Traffic
Safety
Administration
and
approved
by DOT.
Prohibited
alcohol
concentration
levels are:
Screening
0.02> requires
confirmation
Confirmation
0.02<0.04 requires
24 hours
removal
0.04> requires
removal
and referral
to SAP
Appendix
B
Contacts/Providers
PERSON
IDENTIFIED
TO ANSWER
QUESTIONS
As part of the Town of Scituate Policy to ensure fair and equal treatment
of drivers, the Town of Scituate
understands
that there may be questions
and concerns
involving
the Controlled
Substances
and Alcohol
Testing Policy.
To assist drivers
in understanding
the requirements
placed
on drivers
and the Town
of Scituate,
the
following
individual(s)
have been designated
to answer
any questions
that may arise concerning
the
Controlled Substances and Alcohol Testing Policy, and may be contacted at:
rhone:
Fax:
THIRD
PARTY
ADMINISTRATOR
Health Resources
600 West Cummings Park, Suite 3400
Woburn, MA 01801
800-350-4511
DRUG TESTING
LABORATORY
Laboratory Corporation of America
69 First Avenue
Raritan, NJ 08869
800-437-4986
MEDICAL
REVIEW
OFFICER
Brian Morris, M.D., MRO et at
600 West Cummings Park, Suite 3400
Woburn, MA 01801
800-350-4511
Fax 781-938-4690
49
CFR part 40 and 49 CFR part
382 must
be available
upon
request
to covered
employees
and
representatives
of
employee
organizations.
49
CFR
part
40
is
accessible
on
line
at
http://www.dot.gov/ost/dapc,
by fax on demand at 1-800-225-3784
requesting
document
151, by phone at
1-866-512-1800,
or by writing to U.S. Department
of Transportation,
Office of Drug and Alcohol Policy
and Compliance,
400 Seventh Street SW, Room 10403, Washington,
D.C. 20590.
Appendix C
Sources of Assistance and Help
SAMHSA
Facility Locator http://findtreatment.samhsa.gov.This
searchable
directory
of drug
and alcohol treatment
programs
shows the locations
around the country that treat alcoholism,
alcohol
abuse and drug abuse problems.
The Locator
includes
more than
11,000 addiction
treatment
programs,
including
resource
centers,
outpatient
treatment
programs,
and hospital
inpatient programs for drug addiction and alcoholism.
Listings include treatment
programs for
marijuana,
cocaine,
and heroin
as drug and alcohol treatment
programs
for adolescents,
and
adults.
National Clearinghouse
for Drug and AlcohoUnformation
Monday-Friday
1-800-729-6686
NatioIlal·Col1ndlon
Alcoholism·
7 days a week, 24 hours a day
1-800-622-2255
APPENDIXD
TOWN OF SCITUATE
CONTROLLED
SUBSTANCES
AND ALCOHOL
TESTING
POLICYAND
PROCEDURES
ACKNOWLEDGEMENT
OF RECEIPT
AND UNDERSTANDING
I HEREBY ACKNOWLEDGE
that I have received, read and understand my Employer's
Controlled
Substances
and Alcohol
Testing Model Policy and procedures
and understand that I
must abide by the terms as a condition of employment.
I understand that during my employment
I may be required
to submit
to a controlled
substances
and/or
alcohol
test based
on U.S.
Department of Transportation
(DOT) and Federal Motor Carrier Safety Administration
(FMCSA)
regulations.
I also understand
that refusal to submit to a controlled
substances
or alcohol test is a
violation
of DOT regulations
and my Employer's
policy, and may result in disciplinary
action,
including suspension
(with or without pay) or termination
of employment
for gross and willful
misconduct.
I further understand the consequences
related to controlled substances use or alcohol
misuse conduct as prohibited by my Employer's
policy.
I acknowledge
that the provisions of my Employer's
Controlled Substances
and Alcohol
Testing Model Policy and procedures are part of the terms and conditions of my employment, and
that I agree to abide by them.
THE
UNDERSIGNED
STATES
THAT
HE
OR
SHE
HAS
READ
THE
FOREGOING
ACKNOWLEDGEMENT
AND UNDERSTAND
THE CONTENTS THEREOF:
Date:
Signature
of Employee/Applicant
Printed
Name
Social Security Number
Date:
Witness
Signature
Original
Acknowledgment
of Receipt and Understanding
will be kept on file with the Town
of Scituate~
A copy of the Acknowledgement
of Receipt and Understanding
will be provided
to the employee/applicant.
Appendix
A
DHHS/SAMHSA Certified Drug Testing Laboratories
Drugs Tested/Cutoff ConcentrationsNalidity
Testing/Retention of Specimens
A laboratory
must only test a specimen
for the following five drugs or classes of drugs in a DOT drug
test.
The laboratory
is prohibited
from testing specimens
for any other drugs including
DNA testing.
TypeOfD!"~g}M!t~JLOI~t~.
Marijuana
Metabolite Delta-9-
tertrah ydrocannabinol-9-
carboxylic acid (THC)
Cocaine Metabolites
(Benzoylecgonine)
Phencyclidine(PCP)
Amphetamines
Amphetamine
Methamphetamine
Opiates
Morphine
Codeine
6-MAM
In!tiaI3'est
50
300
25
1000
2000
~oI!firmation. Test
15
150
25
500
500
(specimen
must
also
contain
amphetamine
at a concentration
of
greater than or equal to 200 ng/ml).
2000
2000
10 *
*A 6-MAM test is only performed when a specimen contains morphine at a concentration equal to or greater than 2000
ng/mI.
1.
On an initial
test:
(1) If the result
is below the cutoff
concentration
level it is reported
as
negative.
(2) If the
result
is at or above
the
cutoff
level,
a confirmation
test
must
be
performed.
2.
On a confirmation
test:
(1) If the result
is below the cutoff level it is reported
as negative.
(2) If the result is at or above the cutoff level, it is reported
as a confirmed
positive result.
3.
Quantitative
values for morphine
or codeine must be reported
at 15,000 ng/ml or above.
Alcohol
testing
performed
by
a Certified
Breath
Alcohol
Technician
(BAT)
using
an
Evidential
Breath
Testing
(EBT) Device, which appears
on the CPL of the National
Highway
Traffic
Safety
Administration
and
approved
by DOT.
Prohibited
alcohol
concentration
levels are:
Screening
0.02> requires
confirmation
Confirmation
0.02<0.04 requires
24 hours
removal
0.04> requires
removal
and referral
to SAP
Appendix
B
Contacts/Providers
PERSON IDENTIFIED TO ANSWER QUESTIONS
As part of the Town of Scituate Policy to ensure fair and equal treatment of drivers, the Town of Scituate
understands
that there may be questions
and concerns
involving
the Controlled
Substances
and Alcohol
Testing Policy.
To assist drivers
in understanding
the requirements
placed
on drivers
and the Town
of Scituate,
the
following
individual(s)
have been designated
to answer
any questions
that may arise concerning
the
Controlled Substances and Alcohol Testing Policy, and may be contacted at:
.-.
-_ .... -
.....
_or
Hi'
f"::~""~:"-":"""""""
.:._ ..~_.~~
~Lincoln Circle.
.
.~
c-..._.......,N'"" ..~o..:..rt:;;,;.
h §£itu!lteRIj)285J
THIRD PARTY ADMINISTRATOR
Health
Resources
600 West Cummings
Park,
Suite 3400
Woburn,
MA
01801
800-350-4511
DRUG TESTING LABORATORY
Laboratory
Corporation
of America
69 First Avenue
Raritan,
NJ
08869
800-437-4986
MEDICAL REVIEW OFFICER
Brian
Morris,
M.D.,
MRO
et at
600 West Cummings
Park,
Suite 3400
Woburn,MA
01801
800-350-4511
Fax 781-938-4690
49 CFR part 40 and 49 CFR part 382 must be available
upon
request
to covered
employees
and
representatives
of
employee
organizations.
49
CFR
part
40
is
accessible
on
line
at
http://www.dot.gov/ostJdapc,
by fax on demand at 1-800-225-3784
requesting
document
151, by phone at
1-866-512-1800,
or by writing to U.S. Department
of Transportation,
Office of Drug and Alcohol Policy
and Compliance, 400 Seventh Street SW, Room 10403, Washington,
D.C. 20590.
Appendix C
Sources of Assistance and Help
SAMHSA
Facility Locator http://findtreatment.sarnbsa.gov.This
searchable
directory
of drug
and alcohol treatment
programs
shows the locations
around the country that treat alcoholism,
alcohol
abuse and drug abuse problems.
The Locator
includes
more than
11,000 addiction
treatment
programs,
including
resource
centers,
outpatient
treatment
programs,
and hospital
inpatient programs for drug addiction and alcoholism.
Listings include treatment programs for
marijuana,
cocaine,
and heroin as drug and alcohol treatment
programs
for adolescents,
and
adults.
Na.tiona.l Clearinghouse for Drug and Alcohol Informatiol1
Monday-Friday
1-800-729-6686
National Council on Alcoholism
7 days a week, 24 hours a day
1-800-622-2255
APPENDIXD
TOWN OF SCITUATE
CONTROLLED
SUBSTANCES
AND ALCOHOL
TESTING
POLICY AND
PROCEDURES
ACKNOWLEDGEMENT
OF RECEIPT
AND UNDERSTANDING
I HEREBY ACKNOWLEDGE
that I have received, read and understand my Employer's
Controlled
Substances
and Alcohol
Testing Model Policy and procedures
and understand that I
must abide by the terms as a condition of employment.
I understand that during my employment
I may be required
to submit
to a controlled
substances
and/or
alcohol
test based on U.S.
Department of Transportation
(DOT) and Federal Motor Carrier Safety Administration
(FMCSA)
regulations.
I also understand
that refusal to submit to a controlled
substances
or alcohol test is a
violation of DOT regulations
and my Employer's
policy, and may result in disciplinary
action,
including suspension
(with or without pay) or termination
of employment
for gross and willful
misconduct.
I further understand the consequences related to controlled substances use or alcohol
misuse conduct as prohibited by my Employer's
policy.
I acknowledge
that the provisions of my Employer's
Controlled Substances
and Alcohol
Testing Model Policy and procedures are part of the terms and conditions of my employment, and
that I agree to abide by them.
THE
UNDERSIGNED
STATES
THAT
HE
OR
SHE
HAS
READ
THE
FOREGOING
ACKNOWLEDGEMENT
AND UNDERSTAND
THE CONTENTS THEREOF:
Date:
Signature
of Employee/Applicant
Printed
Name
Social Security
Nurn ber
Date:
Witness
Signature
Original
Acknowledgment
of Receipt and Understanding
will be kept on file with the Town
of Scituatet,
A copy of the Acknowledgement
of Receipt and Understanding
will be provided
to the employee/applicant.
EFFECTIVE
DATE
1.
This Ordinance shall become effective upon passage.
I hereby certify !hat !he foregoing Ordinance was adopted b~i~onorable
Town
Council of the Town of Scituate at a regular meeting held on the
day of
\)(\\
j(~fV'.~007.
rr'
.
\ OA !,J6-vv\
own Cle k
(Town of Scituate)
Article V - Controlled
Substance & Alcohol Testing Policy for Employees
(CMV Drivers)
10-01-07
Town of Scituate - Illicit Discharge Ordinance
Page 1
TOWN OF SCITUATE
ILLICIT DISCHARGE DETECTION AND ELIMINATION ORDINANCE
ARTICLE I
Section 1.
Illicit Discharges
Illicit discharges to the municipal storm sewer system are comprised of non-storm water
discharges that are expressly prohibited from the municipal storm sewer system unless the
discharges have received all required federal, state and local permits including the Rhode
Island Pollutant Discharge Elimination System (RIPDES) or is included in one of the
following categories of discharges: discharges which result from the washdown of vehicles
at retail dealers selling new and used automobiles where no detergents are used and
individual residential car washing; external building washdown where no detergents are used;
the use of water to control dust; fire fighting activities; fire hydrant flushing; natural springs;
uncontaminated groundwater; dechlorinated pool discharges; air conditioning condensate;
lawn watering; potable water sources including waterline flushing; irrigation drainage;
pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred
(unless all spilled materials have been removed) and where detergents are not used;
discharges from foundation or footing drains where flows are not contaminated with process
materials such as solvents, or contaminated by contact with soils where spills or leaks of
toxic or hazardous materials have occurred; uncontaminated utility vault dewatering;
dechlorinated water line testing water; hydrostatic test water that does not contain any
treatment chemicals and is not contaminated with process chemicals.
Section 2
Notification of Spills
Notwithstanding other requirements of law, as soon as any person responsible for a facility
or operation, or responsible for emergency response for a facility or operation has
information of any known or suspected release of materials which are resulting or may result
in unauthorized discharges or pollutants discharging into storm water, the storm drain
system, or waters of the State from said facility, said person shall take all necessary steps to
ensure the discovery, containment, and cleanup of such release. In the event of such a
release of a hazardous material said person shall immediately notify emergency response
officials of the occurrence via emergency dispatch services (911). If the discharge of
prohibited materials emanates from a commercial or industrial establishment, the owner or
operator of such establishment shall also retain an on-site written record of the discharge
and the actions taken to prevent its recurrence. Such records shall be retained for at least
three years. Nothing in this section shall preclude any owner/lessee from compliance with
relevant provisions of the Rhode Island Clean Water Act, R.I.G.L. 46-12-1, et seq.or other
applicable laws or regulations.
Section 4
Enforcement
1.
If an illicit discharge to the municipal storm sewer system is detected, the
owner or other party in control of the property shall cease the discharge. If
the discharge does not cease within seven (7) calendar days, the owner or
Town of Scituate - Illicit Discharge Ordinance
Page 2
other party in control of the property may be fined seventy-five ($75) per
calendar day that the violation goes un-repaired and the Town of Scituate
shall have the right to take whatever action it deems necessary to correct the
violations and to assess a lien on the subject property in an amount equal to
the cost of the remedial actions. The lien shall be enforced in the manner
provided or authorized by law for the enforcement of common law liens on
personal property. The lien shall be recorded in the land evidence records of
the Town of Scituate and shall incur legal interest from the date of the
recording. The imposition of any penalty shall not exempt the offender from
compliance with the provisions of this ordinance, including revocation of the
performance bond or assessment of a lien on the property.
2.
Any person is prohibited from discharging waste, including construction
waste, building material, truck washout, chemicals, litter, sanitary wastes or
other waste into a Town of Scituate Right of Way, storm sewer system, or
other Town of Scituate property. If such a violation occurs the Town of
Scituate may fine the violator two hundred ($200) and required removal of
the waste within ten (10) calendar days at the violator's expense. The Town
of Scituate may charge the violator any costs associated with removal or
repair of damage resulting from the violation.
3.
For purposes of this section, "person" is defined as to include: corporations,
associations, firms, partnerships, and individuals.
ORDINANCE
It is ordained by the Town Council of the Town of Scituate as follows:
Section 3-7. Nuisance Abatement.
(a)
The keeping or harboring of any dog, or other animal or fowl, whether
licensed or not, which by unreasonable
and habitual howling, yelping, barking
or other loud or unusual noise disturbs or annoys one (1) or more persons is
unlawful and is hereby declared to be a public nuisance and each day shall
constitute a separate offense. Unreasonable
annoyance, alarm, or noise
disturbances as provided for herein shall include, but not be limited to any
barking, howling, whining, snarling, or other loud or unusual noise which
goes on for longer than fifteen (15) minutes without stopping, anytime day or
night.
(b)
It shall be unlawful to allow or permit any animal to trespass on private or
public property so as to damage or destroy any property or thing of value and
the same is hereby declared to be a nuisance. Wherever it shall be alleged in
writing by one (1) or more persons that any animal is a nuisance by reason of
activity described in the preceding sentence, or by reason of unreasonable
annoyance as defined in paragraph (a) above, the animal control officer if
he/she finds such nuisance to exist, shall serve notice upon the owner or
custodian that such nuisance must be abated.
(c)
Thereafter, if the nuisance is not abated and upon continuance of such
unreasonable
annoyance or disturbance, the animal control officer shall issue
a verbal or written warning to the owner or custodian of said animal. The
animal control officer is further authorized to issue citations to any person
violating the provisions of this ordinance as provided and set forth in Chapter
3, Article II, Section 3-34. Each day shall constitute a separate offense.
(d)
Procedures for abatement shall not be exclusive and shall not in any manner
limit or restrict the Town from enforcing Town Ordinance or abating public
nuisance in any other manner provided by law. The Town shall have the right
to file a civil action and seek judgment
for all fines assessed and costs
incurred, including attorney fees, by the Town in prosecuting
said action.
1
Section 3-8. Miscellaneous
Provisions.
All complaints made under the provisions of this chapter shall be made to the
animal control officer or the police department, and may be made orally; provided,
however, that such complaint is within forty-eight (48) hours, reduced to writing on
forms provided by the animal control officer and shall be signed by the complainant
showing his address and telephone number, if any.
2
ARTICLE XII OUTDOOR ENTERTAINMENT
Sec. 6-301 Purpose
The purpose of this chapter is to establish standards to provide limited recurring outdoor
entertainment
for restaurants,
taverns, victualing houses, cookshops, oyster houses or oyster
cellars, from time to time and at the same time provide an opportunity for the Town of
Scituate to know in advance about outdoor entertainment
at said establishments and to take
precautions for orderliness, safety, pedestrian traffic in and around said establishments, and
noise levels.
See. 6-302 Def'mitions
The following words, terms, and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning.
(a) Outdoor Entertainment
includes but is not limited to singing, playing of
musical instruments, recitations, drama productions, or playing recorded music, whether
amplified or not, beyond the exterior walls of any building or structure.
Sec.6-303
(a) All outdoor entertainment
will be strictly limited to performances on porches, patios, or
decks physically attached to the licensed premises, or within seventy-f'lVe(75) feet of the
principal structure, whether in the open air, under a tent or within a temporary structure.
(b) Such entertainment
will strictly be limited to a precise area on the premises as described
in the application and as expanded or contracted by the Town Council at the hearing on the
license.
(c) To limit projection of sound, any amplification or projection of any sounds shall be inward
towards the building space and not towards other properties.
Sec. 6-304 Exceptions
This chapter shall not apply to:
(1) Religious events sponsored by a religious organization;
(2) Events sponsored by the Town of Scituate or the School Committee;
(3) Traditional Town of Scituate sanctioned events such as the Memorial Day Parade or the
Fourth of July fireworks display;
(4) Funerals and funeral processions; and,
(5) Events sponsored by or for 501(c)(3)non-profit charitable organizations.
Sec. 6-305 License Required
(a) Any establishment offering or holding outdoor entertainment
shall apply for an Outdoor
Entertainment
License in the office of the Town Clerk.
(b) Only the owner of the property to be licensed or the authorized agent of the owner may
apply for and hold an·Outdoor Entertainment
License.
(c) The fee for such Outdoor Entertainment
License shall be on fIle in the Town Clerk's
office.
(d) All Outdoor Entertainment
Licenses are issued for a period of no more than one year and
shall be renewable December 1st of each year.
(e) The holder of an Outdoor Entertainment
License is entitled to have the License renewed,
provided the License renewal application is complete and timely and submitted by October
1st-
(t) Prior to the Town Council hearing to consider issuing any new Outdoor Entertainment
License, notice of the application must be given by regular mail to all owners of property
within two hundred (200) feet of the premises seeking the application. The notice is to be
given by the Town Clerk's Office and the cost paid by the applicant. The notice must state
that restaurants,
taverns, victualing houses, cookshops, oyster houses or oyster ceDars have a
right to be heard and specify the time and place of the hearing.
Sec. 6-306
To provide hours of respite from outdoor sound, outdoor entertainment
shall be strictly
limited to the hours of 12:00 p.m. through 10:00 p.m.
Sec. 6-307
The holder of an Outdoor Entertainment
License shall comply with all provisions in any
ordinance of the Town of Scituate.
See. 6-308
To limit the projection of sound beyond the property line, any amplification equipment or
projection of sound shall be directed away from abutting properties. The holder of an
Outdoor Entertainment
License shall cooperate with any official of the Town of Scituate in
the collection of accurate noise data.
See. 6-309
(a) Any license holder who violates the terms of the license or any ordinance of the Town of
Scituate, shall be subject to a rme of fifty dollars ($50.00) for each violation. The amount of
such rme shall be on file in the Town Clerk's Office.
(b) In addition, the Town Council may revoke a license for the calendar year, or suspend it,
or reissue it conditionally, or deny any application for a subsequent calendar year, after
notification has been given to the license holder and a duly advertised Show Cause Hearing
has been convened by the Town Council acting in its capacity as the local licensing and
regulatory authority for alcoholic beverages.
This ordinance shall become effective upon passage.
I hereby certify the foregoing Ordinance was adopted by the Honorable Town Council of the
Town of Scituate at a regular meeting held on the 9th day of August 2007.
Town of Scituate - SWMPP Ordinance
Page 1
TOWN OF SCITUATE
POST CONSTRUCTION - STORM WATER CONTROL ORDINANCE
ARTICLE I
Section 1.
Purpose
Unmitigated storm water from areas altered by development may pose public health and
safety threats. Potential contaminants in storm water runoff may include suspended solids,
nitrogen, phosphorus, hydrocarbons, heavy metals, pathogenic organisms (bacteria and
viruses), and road salts.
This Ordinance establishes the administrative mechanisms necessary for the Town of
Scituate to ensure proper storm water management. The Ordinance is written to work in
conjunction with current state regulations.
Section 2.
Applicability
This Ordinance shall apply to all development occurring within the Town of Scituate. No
person shall engage in land development activities without receiving approval from the
Scituate Plan Commission, unless specifically exempted by Article I Section 3 of this
Ordinance.
Section 3.
Exemptions
The following activities do not require written approval pursuant to this Ordinance:
A.
Agricultural land management activities carried out in accordance with a
conservation management plan that has been approved by the Natural
Resources Conservation Service (NRCS). Proof of said approval by the
NRCS shall be submitted to the Scituate Plan Commission in order for this
exemption to apply.
B.
Construction, alteration or use of any additions to existing single-family or
duplex homes or related structures, provided that the grounds coverage of
such addition is less than ten thousand (10,000) square feet, and such
construction, alteration and use does not occur within one hundred (100) feet
of any watercourse or coastal feature and the slopes at the site of land
disturbance do not exceed five percent (5%).
C.
Grading, as a maintenance measure or for landscaping, on contiguous areas
of developed land, parcels and lots, which in aggregate do not exceed five
thousand (5,000) square feet.
Town of Scituate - SWMPP Ordinance
Page 2
Section 4.
Variance
The Scituate Plan Commission reviewing an application under this Ordinance may:
A.
Vary requirements of this Ordinance when strict implementation of the
requirements of this Ordinance create an unnecessary hardship or are not
feasible.
B.
Allow use of an innovative management practice where strict adherence to
existing criteria would be costly or of negligible environmental benefit.
Section 5.
Submissions and Approvals
In accordance with this Ordinance, all persons must obtain approval from the Scituate Plan
Commission prior to engaging in any land development activities, unless exempted by
Article 1 Section 3 of this Ordinance. To obtain approval applicants must demonstrate
compliance with all policy, standards and requirements of this Ordinance to the satisfaction
of the Scituate Plan Commission. Applicants may demonstrate compliance via submission of
materials and documentation including but not limited to a Storm Water Management Plan,
site plan and maintenance agreement in accordance with this Ordinance. Plans will be
reviewed in conjunction with site plan reviewed by the Scituate Plan Commission.
ARTICLE II
Section 1.
Technical Standards
All applicants are required to develop and submit a Storm Water Management Plan. All
Storm Water Management Plans must address storm water management on a site-by-site
basis and all requirements of this Ordinance. All storm water management practices shall be
consistent with the Rhode Island Stormwater Design and Installation Standards Manual and the
Rhode Island Soil Erosion and Sediment Control Handbook, as amended.
A.
Performance Standards
Storm Water Management Plans shall incorporate Best Management Practices (BMPs) for
water quality control, which in combination are demonstrated to reduce the average annual
total suspended solids in postdevelopment runoff by eighty percent (80%). Development in
drinking water supply watersheds or watersheds where impaired waters as defined by the
State's 303(d) list exist may be held to higher standards.
B.
Disallowed Storm Water Best Management Practices (BMPs)
The placement of detention basins and other storm water structures within a floodplain shall
be avoided. If there is no alternative, the applicant must show what effects, if any, the
tailwaters created by the floodplain will have on the outflow and effective storage capacity of
the detention facility.
Town of Scituate - SWMPP Ordinance
Page 3
C.
Facilitation of Maintenance
Facilities that require maintenance shall be designed to minimize the need for regular
maintenance, facilitate required maintenance, and ensure accessibility of components that
require maintenance. At a minimum, all Storm Water Management Plans must incorporate
BMPs with appropriate maintenance design in accordance with the Rhode Island Stormwater
Design and Installation Standards Manual, as amended; or the Rhode Island Soil Erosion and
Sediment Control Handbook, as amended.
D.
Flood Protection
Storm Water Management Plans shall demonstrate that a proposed project provides for
protection of life and property from flooding and flood flows. Water quantities must be
controlled in accordance with the Rhode Island Stormwater Design and Installation Standards
Manual, as amended, or a municipally approved regional Storm Water Management Plan for
the watershed in which the project site is located. Storm Water Management Plans shall
demonstrate incorporation of the following standards into the proposed project:
1.
Control and maintenance of post-development peak discharge rates from the
2-year, 10-year, 25-year, and 100-year storm events such that they meet
predevelopment levels.
2.
Downstream analysis of the 100-year storm event and control of the peak
discharge rate for the 100-year storm to mitigate significant downstream
impacts.
3.
Discharge from any storm water facility must be conveyed through properly
constructed conveyance system to provide for non-erosive flows during all
storm events. The proposed storm water conveyance system consisting of
open channels, pipes, and other conveyance devices shall at a minimum
accommodate the runoff from a 25- year storm event. The storm water
conveyance system must provide for non-erosive flows to receiving waters.
E.
Surface Water and Groundwater
Storm Water Management Plans shall demonstrate that during post-development, all
receiving waters will be recharged in a manner closely resembling predevelopment
conditions and that the developed site will retain hydrological conditions that closely
resemble of those prior to disturbance. The goal of the storm water design shall be that
hydrologic conditions in each subwatershed match predevelopment conditions.
ARTICLE III
Section 1.
Maintenance Requirements for Best Management Practices (BMPs)
A.
Routine Maintenance and Repair Procedures
Town of Scituate - SWMPP Ordinance
Page 4
Preventative maintenance procedures are required to maintain the intended operation and
safe condition of the storm water management facility by greatly reducing the occurrence of
problems and malfunctions. To be effective, preventative maintenance shall be performed
on a regular basis and include such routine procedures as training of staff, periodic
inspections, grass cutting elimination of mosquito breeding habitats, and pond maintenance.
Disposal of sediment and debris must occur on a regular basis (unless otherwise specified
within an approved plan), at suitable disposal sites or recycling sites and shall comply with
applicable local, state and federal regulations.
Corrective maintenance procedures are required to correct a problem or malfunction at a
storm water management facility and to restore the facility's intended operation and safe
condition. Based upon the severity of the problem, corrective maintenance must be
performed on an as-needed or emergency basis and includes such procedures as structural
repairs, removal of debris, sediment and trash removal, erosion repair, snow and ice removal,
fence repair, mosquito extermination, and restoration of vegetated and nonvegetated linings.
B.
General Maintenance Standards for Storm Water Best Management Practices
(BMPs).
Maintenance design and maintenance procedures for all storm water BMPs shall be in
accordance Rhode Island Stormwater Design and Installation Standards Manual, as amended; or the
Rhode Island Soil Erosion and Sediment Control Handbook, as amended as well as in accordance
with Manufacturer's recommendations. Storm Water Management Plans shall demonstrate
appropriate maintenance design and procedures for each proposed best management
practice.
A maintenance schedule for each type of BMP must be included in the Storm Water
Management Plan. These schedules shall list the frequency and type of maintenance
operations necessary along with the legally responsible party's name, address, and telephone
number. If the storm water drainage facility is to be deeded to the local municipality the
applicant must obtain a letter from the municipality acknowledging maintenance
responsibility and intent of ownership.
ARTICLE IV
Section 1.
Storm Water Management Plans
A.
Calculations
In addition to the information required for the site plan the following information must also
be included with the application, where applicable.
1.
The area of each subwatershed shall be identified on final site plans.
2.
The area of impervious surfaces (including all roads, driveways, rooftops,
sidewalks, etc.) for each subbasin as identified in the Rhode Island Stormwater
Design and Installation Standards Manual, as amended.
Town of Scituate - SWMPP Ordinance
Page 5
3.
Weighted curve numbers, (CN) as determined by the SCS TR-55 method, for
each subbasin as identified in the Rhode Island Stormwater Design and Installation
Standards Manual, as amended.
4.
Invert elevations for all applicable BMPs. In addition, for all basins include
the elevations for permanent and/or flood pool stages, including peak
discharge rates for each stage.
5.
The total volume capacity for all flood control and water quality BMPs (e.g.,
infiltration basin, detention basins, wet ponds, etc.). Volumes must be
segregated into permanent and flood pool stage volumes where applicable.
Furthermore, the volumes of all sediment storage (basins, forebays, etc.)
areas must also be provided.
6.
Predevelopment and post-development peak discharge rates and runoff
volumes for the 2-year, 10-year, 25-year, and 100-year frequency storm
events for each subwatershed to each separate water or discharge point. The
water quality volume must also be calculated for each subwatershed. All
relevant variables such as curve numbers and time of concentration, along
with the supporting computations and worksheets must be included. The
entire sire shall be included in an evaluated subwatershed.
B.
Narrative Description
As part of the Storm Water Management Plan, the applicant shall include a discussion of the
protection of environmental resource functions and values. The following outline is
provided as guidance for preparing a narrative description for the Storm Water Management
Plan. Depending on the size and scope of the proposed project, the amount of information
required by the permitting agency may vary, therefore, it is advised to consult the appropriate
permitting agency for specific requirements.
1.
Site description - general topography, soil types, current vegetative
composition and relative abundance, existing infrastructure, and/or adjacent
properties, identification of major resources (e.g., wetlands, groundwater,
surface waters, etc.), name of receiving water(s), potential water quality
and/or hydrologic impacts on resources.
2.
Site input data - watershed characteristics, area of all impervious surfaces,
total area of site, annual mean rainfall, runoff coefficients, curve numbers for
various land uses, peak discharge rates.
3.
Land use planning and source control plan.
4.
Best Management Practices (BMPs) - identify the type of BMP(s) employed
both during and post construction and justification for selection, including
any deviation from the Rhode Island Stormwater Design and Installation Standards
Manual, as amended, and the potential effect on pollutant removal efficiency.
Town of Scituate - SWMPP Ordinance
Page 6
5.
Technical feasibility - of BMPs including sizing, location, hydraulic and
environmental impacts. Alternatives, which were considered but determined
not to be feasible, should also be discussed.
6.
Maintenance schedule - of BMPs to be used, both during and post
construction including frequency of inspection and maintenance.
Section 2.
Maintenance Agreements
Maintenance agreements shall provide written, contractual documentation, which
demonstrates compliance with this Ordinance and legal arrangements for the upkeep of
storm water facilities to assure their functionality and safety in accordance with this
Ordinance.
Maintenance agreements, which describe all maintenance schedules and requirements, must
be developed for each storm water management facility unless the facility is dedicated to and
accepted by the Town of Scituate. Schedules shall be based on the complexity and
frequency of maintenance needs and shall be subject to the approval of the Town. At a
minimum, maintenance frequency should be in accordance with the Rhode Island Stormwater
Design and Installation Standards Manual, as amended.
A.
Right of Entry
The right of entry shall be allowed if the owner or other party in control of the property
gives permission to , the Director of Public Works and/or his/her designated
representative(s) to enter said privately owned property for the purpose of performing their
duties under this Ordinance and to perform such inspections as the Town deems reasonably
necessary in furtherance of the goals of this OrdinaceOrdinance.
B.
Record Keeping for Maintenance Activities
Maintenance agreements shall include provisions for maintenance record keeping. All
activities conducted in accordance with a maintenance agreement must be recorded in a
work order and inspection log. Timely updates of the log shall be the responsibility of the
storm water management facility owner or other responsible party pursuant to this
Ordinance. Review of the maintenance and inspection log shall be completed by the Town
of Scituate, or designee, to determine the effectiveness of operation, maintenance and safety
activities. Reviews shall occur as part of each on-site inspection. Additional reviews may be
made as deemed appropriate by the Town of Scituate or designee.
C.
Responsibility for Maintenance to Assure Functionality and Safety
Appropriate maintenance to assure functionality and safety of storm water management
facilities shall be the responsibility the owner or may be assumed by another party via a
written contractual arrangement in accordance with this Ordinance.
Town of Scituate - SWMPP Ordinance
Page 7
D.
Alterations to Maintenance Agreements
Any alterations in maintenance responsibility or alterations to maintenance agreements must
be reviewed and approved by the Scituate Plan Commission or designee. If portions of the
land serviced by a storm water management facility are to be sold, written contractual
arrangements shall be made to pass all responsibility of the maintenance agreement to the
purchaser and shall be subject to review and approval of the Scituate Plan Commission or
designee. All alterations to maintenance agreements shall be made and recorded in
accordance with this Ordinance.
E.
Recordation of Maintenance Agreements
All maintenance agreements and alterations to maintenance agreements shall be recorded in
the land evidence records of the Town of Scituate. Copies of all maintenance agreements
and alterations to maintenance agreements shall be included in Storm Water Management
Plans. Recordation of maintenance agreements in accordance with this Ordinance shall be
the responsibility of the owner.
Section 3.
Application Fees
The Town of Scituate shall be empowered to collect fees from permit applicants, which are
commensurate with the cost of administering this Ordinance.
ARTICLE V
Section 1.
Enforcement
The Town of Scituate shall have the authority and discretion to invoke penalties and/or
impose a lien whenever a storm water management facility is not implemented, operated,
and/or maintained in accordance with its approval under this Ordinance. Any penalty
invoked shall be in accordance with this Ordinance.
A.
Notification of Violation
In the event that the storm water management facility becomes a danger to public safety or
public health, is in need of maintenance, or has not been maintained in accordance with the
Maintenance Agreement, the Director of Public Works and/or his/her designated
representative shall notify the responsible person in writing by certified mail. Upon receipt
of that notice, the responsible person shall have five (5) calendar days to temporarily correct
the violations and thirty (30) calendar days to complete maintenance and permanently repair
the facility in a manner that is approved by the municipality. If the responsible person fails
or refuses to perform such maintenance and repair, the municipality may immediately
proceed to do so and enforce penalties and/or liens as described herein.
If the storm water management facility violation causes imminent danger to public safety,
the Town shall have the right to correct the problem without delay and shall bill the cost
thereof to the property owner.
Town of Scituate - SWMPP Ordinance
Page 8
B.
Enforcement of Penalties and Liens
Should the applicant/owner fail to take the corrective actions, the Town of Scituate shall
then have the right to take whatever actions it deems necessary to correct the violations
including fining the owner seventy-five dollars ($75) per calendar day that the violation goes
un-repaired and to assert a lien on the subject property in an amount equal to the costs of
remedial actions. The lien shall be enforced in the manner provided or authorized by law for
the enforcement of common law liens on personal property. The lien shall be recorded in
the land evidence records of the Town of Scituate, and shall incur legal interest from the
date of recording. The imposition of any penalty shall not exempt the offender from
compliance with the provisions of this Ordinance, including assessment of a lien on the
property.
C.
Hearing
Any owner or responsible party, receiving a written notice of violation, shall be given an
opportunity, within a reasonable time frame, for a hearing before the Scituate Plan
Commission to state their case. If evidence indicates that a violation has not occurred, the
Scituate Plan Commission shall revoke the notice of violation.
ZONING
ORDINANCE
TOWN OF SCITUATE
RHODE ISLAND
This pamphlet is a reprint of Appendix A, Zoning, of the Code of Ordinances of the
Town of Scituate, Rhode Island, published by order of the Scituate Town Council
Town of Scituate, Rhode Island
May 2008
APPENDIX A ZONING*
__________
*Editor's note: The zoning ordinance amendments for the Town of Scituate, Rhode
Island, adopted June 8, 1989 and amended February 10, 1994 was deleted as being
superceded by an ordinance adopted December 12, 1994. The absence of a history
note indicates that the provision derives unchanged from the ordinance adopted
December 12, 1994. For stylistic purposes, a uniform system of headings, catchlines,
capitalization, citation to state statutes, and expression of numbers in text has been used
to conform to the Code of Ordinances. Obvious misspellings have been corrected
without notation and material in brackets [ ] has been added for clarity.
Cross references: Buildings and building regulations, Ch. 4; kennels, § 6-131 et seq.;
restaurants, cafes and victualing houses, § 6-181 et seq.; vehicle tracks and amusement
parks, § 6-231 et seq.; parks and recreation, Ch. 9; planning, Ch. 10; soil erosion and
sedimentation control, Ch. 12; streets and sidewalks, Ch. 13; subdivisions, Ch. 14;
trailers and trailer parks, Ch. 16; utilities, Ch. 17.
State law references: Zoning, G.L. 1956, § 45-24-1 et seq.
__________
Art. I. Administration and Procedures, §§ 1--7
Art. II. District Use Regulations, §§ 1--15
Art. III. District Dimensional Regulations, §§ 1--3
Art. IV. Special Regulations, §§ 1--15
Art. V. Offstreet Parking Regulations
Art. VI. Offstreet Loading Requirements
Art. VII. Sign Regulations, §§ 1--6
Art. VIII. Residential Compound Development, §§ 1--5
Art. IX. Definitions
Art. X. Prohibited Uses
Art. XI. Miscellaneous, §§ 1--8
Art. XII. Validity
Adopted:
December 30, 1965
Amended:
December 11, 1969
March 4, 1976
April 8, 1976
December 9, 1976
July 26, 1976
April 9, 1981
September 30, 1982
February 14, 1985
January 8, 1986
June 8, 1989
December 1995
March 1996
February 13, 1997
September 1997
April 23, 1998
September 9, 1999
August 14, 2000
January 2004
April 2008 (corrections & re-printing)
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TOWN OF
SCITUATE, RHODE ISLAND
ZONING ORDINANCE
ARTICLE I. ADMINISTRATION AND PROCEDURES
It is ordained by the Town Council of the Town of Scituate as follows:
Section 1. Statement of consistency with the comprehensive plan.
The zoning regulations and districts herein set forth have been made in
accordance with the goals and policies articulated in the Scituate, Rhode Island
Comprehensive Plan (as amended) adopted pursuant to Chapter 22.2 of Title 45 of the
General Laws and in the instance of uncertainty in the construction or application of any
section of this ordinance, the ordinance shall be construed in a manner that will further
the implementation of, and not be contrary to, the goals and policies and applicable
elements of the comprehensive plan. At all times there shall be coordination between
contiguous communities, the state and other agencies as set forth in the plan.
Section 2. Statement of purpose.
The regulations set forth in this ordinance have been made in accordance with a
comprehensive plan for the purpose of:
(1)
Promoting the public health, safety, morals and general welfare.
(2)
Providing for a range of uses and intensities of use appropriate to the
character of the town and reflecting current and expected future needs.
(3)
Providing for orderly growth and development which recognizes:
(a)
The goals and patterns of land use contained in the
comprehensive plan of the town adopted pursuant to chapter 22.2
of title 45 of the General Laws;
(b)
The natural characteristics of the land, including its suitability for
use based on soil characteristics, topography, and susceptibility to
surface or groundwater pollution;
(c)
The values and dynamic nature of coastal and freshwater ponds,
the shoreline and freshwater and coastal wetlands;
(d)
The values of unique or valuable natural resources and features;
(e)
The availability and capacity of existing and planned public and/or
private services and facilities;
(f)
The need to shape and balance urban and rural development; and
(g)
The use of innovative development regulations and techniques.
(4)
Providing for the control, protection and/or abatement of air, water,
groundwater, and noise pollution, and soil erosion and sedimentation.
(5)
Providing for the protection of the natural, historic, cultural and scenic
1670
character of the town or areas therein.
(6)
Providing for the preservation and promotion of agricultural production,
forest, silviculture, aquaculture, timber resources and open space.
(7)
Providing for the protection of public investment in transportation, water,
storm water management systems, sewage treatment and disposal, solid
waste treatment and disposal, schools, recreation, public facilities, open
space and other public requirements.
(8)
Promoting a balance of housing choices, for all income levels and groups,
to assure the health, safety and welfare of all citizens and their rights to
affordable, accessible, safe and sanitary housing.
(9)
Providing opportunities for the establishment of low and moderate income
housing.
(10)
Promoting safety from fire, flood and other natural or manmade disasters.
(11)
Promoting a high level of quality in design in the development of private
and public facilities.
(12)
Promoting implementation of the comprehensive plan of the town adopted
pursuant to chapter 22.2 of title 45 of the General Laws.
(13)
Providing for coordination of land uses with contiguous municipalities,
other municipalities, the state and other agencies, as appropriate,
especially with regard to resources and facilities that extend beyond
municipal boundaries or have a direct impact on that municipality.
(14)
Providing for efficient review of development proposals, to clarify and
expedite the zoning approval process.
(15)
Providing for procedures for the administration of the zoning ordinance,
including, but not limited to, variances, special use permits and, where
adopted, procedures for modifications.
Section 3. Regulations.
After the effective date of this ordinance (December 30, 1965), no land shall be
used and no building, structure or sign shall be used or erected unless it conforms to the
provisions of this ordinance. Uses and structure, existing on the effective date of this
ordinance (December 30, 1965), and used in a manner not conforming to this ordinance,
shall be permitted to continue under the provisions of article IV of this ordinance.
Structures which have not been built or completed on the effective date of this ordinance
(December 30, 1965), but for which a building permit has been issued by the Town of
Scituate prior to the effective date of this ordinance (December 30, 1965), for use in a
manner not conforming to this ordinance, shall be permitted to continue under the
provisions of article IV of this ordinance.
(Ord. of 1-8-04)
Section 4. Zoning districts and zoning map.
For the purpose of this ordinance, the Town of Scituate is hereby divided into
1671
eight (8) zoning districts as follows:
RR-120 Rural Residential. This district covers a large portion of the town into
which urban type development should logically expand as the need occurs. The district
is characterized by a commingling of open land interspersed with residential and
agricultural uses. The district generally is not furnished with a public water supply and is
generally in an area where intensive building and development could adversely affect
the water supply of the City of Providence. The furnishing of a public water supply does
not constitute the sole criteria for reduction in minimum lot area nor shall said reduction
be deemed inherently approved or established. Any proposal to modify the minimum lot
size must be accompanied by comprehensive data such as any negative impacts on the
watershed/water supply of the City of Providence/Providence Water Supply Board and
effects on the town's rural character and any such data or information as may be
required by the governing boards, commissions and officials of the town.
RS-120 Single-Family Residence. This district is composed of certain quiet, low
density residential areas of the town plus certain open areas where similar residential
development appears likely to occur. The district generally is not furnished with a public
water supply and is generally in an area where intensive building and development could
adversely affect the water supply of the City of Providence. The furnishing of a public
water supply does not constitute the sole criteria for reduction in minimum lot area nor
shall said reduction be deemed inherently approved or established. Any proposal to
modify the minimum lot size must be accompanied by comprehensive data such as any
negative impacts on the watershed/water supply of the City of Providence/Providence
Water Supply Board and effects on the town's rural character and any such data or
information as may be required by the governing boards, commissions and officials of
the town.
RRW-60/80 Rural Residential/Water. This district covers a portion of town into
which urban-type development should logically expand as the need occurs. The district
is characterized by a commingling of open land interspersed with residential and
agricultural uses. The features which distinguish the district from RR-120 are general
availability of a public water supply and that the areas are not such that intensive
building and development could adversely affect the water supply of the City of
Providence. Lots within the district which are served by a public water supply shall have
a minimum area of sixty thousand (60,000) square feet, and lots which are not served by
a public water shall have a minimum area of eighty thousand (80,000) square feet.
RSW-60/80 Single-Family Residence/Water. This district is composed of certain
quiet, low density residential areas of the town plus certain open areas where similar
residential development appears likely to occur. The features which distinguish the
district from RS-120 are general availability of a public water supply and that the areas
are not such that intensive building and development could adversely affect the water
supply of the City of Providence. Lots within the district which are served by a public
water supply shall have a minimum area of sixty thousand (60,000) square feet, and lots
which are not served by a public water supply shall have a minimum area of eighty
thousand (80,000) square feet.
BL Limited Business. This district is composed of certain land and structures
used primarily to provide for the retailing of commodities classed by merchants as
"convenience goods" such as groceries and drugs, and the furnishing of certain personal
services. The furnishing of a public water supply does not constitute the sole criteria for
reduction in minimum lot area nor shall said reduction be deemed inherently approved or
1672
established. Any proposal to modify the minimum lot size must be accompanied by
comprehensive data such as any negative impacts on the watershed/water supply of the
City of Providence/Providence Water Supply Board and effects on the town's rural
character and any such data or information as may be required by the governing boards,
commissions and officials of the town.
BG General Business. This district is composed of certain land and structures to
provide for the retailing of commodities and the furnishing of services which depend
upon a great volume of vehicular and pedestrian traffic, such as gasoline stations,
supermarkets and drive-in theaters. The furnishing of a public water supply does not
constitute the sole criteria for reduction in minimum lot area nor shall said reduction be
deemed inherently approved or established. Any proposal to modify the minimum lot
size must be accompanied by comprehensive data such as any negative impacts on the
watershed/water supply of the City of Providence/Providence Water Supply Board and
effects on the town's rural character and any such data or information as may be
required by the governing boards, commissions and officials of the town.
M General Manufacturing. This district is composed of certain land and structures
for light, clean industrial uses. The land included in this district are those suited for use
by most industries, subject only to those regulations needed to control congestion and to
protect nearby residential and business districts, and protect the waters and watershed
of the water supply of the City of Providence. The furnishing of a public water supply
does not constitute the sole criteria for reduction in minimum lot area nor shall said
reduction be deemed inherently approved or established. Any proposal to modify the
minimum lot size must be accompanied by comprehensive data such as any negative
impacts on the watershed/water supply of the City of Providence/Providence Water
Supply Board and effects on the town's rural character and any such data or information
as may be required by the governing boards, commissions and officials of the town.
W Watershed. This district is composed of all the property owned by the City of
Providence under the jurisdiction of the Providence Water Supply Board. The property in
this district is used for the collection, storage, processing and distribution of water and,
as an incident thereto, the planting and harvesting of forest products and the production
of electricity.
The boundaries of such districts are hereby established as shown on a map
entitled "Scituate Zoning Map" filed at the office of the Town Clerk of the Town of
Scituate. Such map is hereby adopted and made part of this ordinance.
(Ord. of 1-8-04)
Section 5. Enforcement.
A.
Zoning inspector. A zoning inspector who shall be a resident of the town shall be
appointed by the town council. It shall be the duty of the zoning inspector to
enforce the provisions of this ordinance and to record all amendments to this
ordinance on the record copy of the zoning ordinance and map.
B.
Zoning certificate. No building, structure or sign shall hereafter be erected,
enlarged, or relocated and no nonstructural use shall be initiated until the zoning
inspector has certified, in writing, that the proposed use, structure or sign
conforms to the provisions of this ordinance. The zoning inspector may require
that copies of plans, specifications and such other information as he may deem
1673
necessary, be filed with the application for such certificate.
The zoning inspector shall issue the following copies of each certificate:
Applicant
Town Clerk
Building/Zoning Inspection Department
No certificate may be issued by the zoning inspector for any use not specifically
permitted in this ordinance, except where the inspector receives a statement in writing
from the zoning board of review, indicating the granting of an appeal, special use permit
or variance or a statement in writing, from the town council, indicating an amendment to
this ordinance.
C.
Violation. Any person or persons who violate any of the provisions of this
ordinance or any safeguard or condition attached to the granting of a special use
permit or variance may be fined not more than five hundred dollars ($500.00) for
each offense and each day of the existence of any such violation shall be
deemed a separate offense, such fine to inure to the Town of Scituate.
Immediately upon request of the zoning inspector, the town solicitor shall institute
appropriate action in the Supreme or Superior Court to restrain the violation of, or
to compel compliance with the provisions of this ordinance.
Section 6. Zoning board of review.
A.
Membership. A zoning board of review, hereinafter called the board is hereby
created. The board shall be appointed by the town council and shall consist of
five (5) regular members and three (3) auxiliary members. Each regular member
shall be appointed for a term of five (5) years, except for members who are
appointed to fill unexpired terms. The auxiliary members shall be appointed for a
term of one (1) year. If a vacancy occurs in the board, the town council shall
appoint a new member for the unexpired term. All members of the board shall be
residents of the Town of Scituate and no member shall be an elected official or
salaried employee of the town.
B.
Organization. At its first meeting and at intervals of one (1) year thereafter the
zoning board of review shall organize by electing from its membership a
chairman and a vice-chairman. The board may engage the services of a
secretary within the limit of the funds available to it or may appoint one of its
membership as secretary.
Meetings of the board shall be held at the call of the chairman and at such other
times as the board may determine. The chairman, or in his absence the vice-chairman,
may administer oaths and compel the attendance of witnesses and the submission of
data. An auxiliary member of the board shall sit as an active member upon the request
of the chairman when and if a member of the board is unable to serve at any hearing. All
hearings of the board shall be open to the public. In conducting hearings and arriving at
its decisions the board shall consist of five (5) participating members.
The board shall make a record of all its proceedings and actions, indicating its
reasons for its decisions, the vote of each member participating therein, and the
absence of a member or his failure to vote. This record shall be filed immediately in the
office of the town clerk and shall be available for review by the public.
C.
Powers of the zoning board of review. The board shall have the powers set forth
1674
in section 45-24-27 of the General Laws as follows:
(1)
Pursuant to section 45-24-16 of the General Laws to hear and decide
appeals where it is alleged there is error in any order, requirement,
decision, determination made by the zoning inspector or building
inspector in the enforcement of this ordinance. Appeals must be taken
within thirty (30) days by filing with the officer from whom the appeal is
taken and with the zoning board of review a notice of appeal specifying
the grounds thereof. The officer from whom the appeal is taken shall
forthwith transmit to the board all the papers constituting the record upon
which the action appealed from was taken. In using this power the board
may reverse or affirm wholly or partly or may modify the order,
requirement, decision or determination appealed from and may make
such order, requirement, decision or determination as ought to be made,
and to that end shall have all the powers of the zoning inspector from
whom the appeal was taken.
(2)
To hear and decide appeals from a party aggrieved by a decision of an
historic district commission, pursuant to sections 45-24.1-7.1 and 45-
24.1-7.2 of the General Laws.
(3)
To hear and decide appeals where the zoning board of review is
appointed as the board of appeals for airport zoning regulations pursuant
to section 1-3-19 of the General Laws.
(4)
To authorize, upon application, in specific cases of hardship, variances in
the application of the terms of the zoning ordinance, pursuant to section
45-24-41 of the General Laws.
(5)
To authorize, upon application, in specific cases, special use permits,
pursuant to section 45-24-42(A) of the General Laws.
(6)
To refer matters to the planning board or commission, or to other boards
or agencies of the town as the zoning board of review may deem
appropriate, for findings and recommendations.
(7)
To provide for issuance of conditional zoning approvals where a proposed
application would otherwise be approved, except that one (1) or more
state or federal agency approvals which are necessary are pending. A
conditional zoning approval shall be revoked in the instance where any
necessary state or federal agency approvals are not received within a
specified time period.
(8)
To hear and decide other matters, according to the terms of the ordinance
or other statutes, and upon which the board may be authorized to pass
under the ordinance or other statutes; and
(9)
An appeal from a decision of the zoning board may be taken by an
aggrieved party to the Superior Court for Providence County.
(10)
To hear and decide special use permits to the terms of this ordinance,
according to the provisions set forth as follows:
A use designated as special use in article II or elsewhere in this
ordinance shall be permitted by the board following a public hearing if
1675
such use meets the following requirements:
A.
It will be compatible with the neighboring land uses.
B.
It will not create a nuisance in the neighborhood.
C.
It will not hinder the future development of the town.
D.
It will be in conformance with the purposes and intent of the
comprehensive plan and the zoning ordinance.
In granting a special use permit, the board may impose such
additional safeguards and conditions on the proposed use as are
deemed necessary in order to conform to these requirements. The
disregarding of any such condition or safeguard shall be
considered as a violation. Following its establishment, any use
which is listed as a "Special Use" in the district in which it is
located, shall be considered as a permitted use.
(11)
To authorize upon application in specific cases such variance to the
application of the terms of this ordinance according to the provisions set
forth as follows:
The applicant for a variance from the provisions of
this ordinance shall show to the satisfaction of the board
that such relief will not be contrary to the public interest
and that owing to special or peculiar conditions[,]
enforcement of the provisions of this ordinance would
result in unnecessary hardship to the applicant.
The unnecessary hardship which an applicant
seeks to avoid shall not have been imposed by any prior
action of the applicant or his predecessors in title. Such
hardships shall arise only from special or peculiar site
conditions or features of the land or structure in question
rather than from physical infirmities of the applicant or
merely from the desire to realize greater monetary gain.
In granting relief from the provisions of this
ordinance, the zoning board of review shall grant the least
variance from the provisions needed to remove the
unnecessary hardship and may impose any condition or
safeguard as may be deemed in the public interest.
(12)
To authorize upon application in specific cases deviations (dimensional
variances) from district dimensional regulations where a literal
enforcement of the provisions of article III would result in an
unnecessarily harsh restriction. The applicant must show that there would
be adverse effect from literal enforcement amounting to more than mere
inconvenience. The applicant for a deviation shall show to the satisfaction
of the board that such relief will not be contrary to the public interest.
(13)
In granting a variance, the zoning board of review shall require that
evidence to the satisfaction of the following standards be entered into the
record of the proceedings:
1676
(a)
That the hardship from which the applicant seeks relief is due to
the unique characteristics of the subject land or structure and not
to the general characteristics of the surrounding area; and is not
due to a physical or economic disability of the applicant;
(b)
That the hardship is not the result of any prior action of the
applicant and does not result primarily from the desire of the
applicant to realize greater financial gain;
(c)
That the granting of the requested variance will not alter the
general character of the surrounding area or impair the intent or
purpose of the zoning ordinance or the comprehensive plan upon
which the ordinance is based; and
(d)
That the relief to be granted is the least relief necessary.
(14)
The zoning board of review shall, in addition to the above standards,
require that evidence be entered into the record of the proceedings
showing that:
(a)
In granting a use variance the subject land or structure cannot
yield any beneficial use if it is required to conform to the provisions
of the zoning ordinance. Nonconforming use of neighboring land
or structures in the same district and permitted use of lands or
structures in an adjacent district shall not be considered in
granting a use variance; and
(b)
In granting a dimensional variance, that the hardship that will be
suffered by the owner of the subject property if the dimensional
variance is not granted shall amount to more than a mere
inconvenience, which shall mean that there is not other
reasonable alternative to enjoy a legally permitted beneficial use
of one's property. The fact that a use may be more profitable or
that a structure may be more valuable after the relief is granted
shall not be grounds for relief.
(15)
In granting a variance or in making any determination upon which it is
required to pass after a public hearing under a zoning ordinance, the
zoning board of review may apply such special conditions that may, in the
opinion of the board, be required to promote the intent and purposes of
the comprehensive plan and the zoning ordinance of the town. Failure to
abide by any special conditions attached to a grant shall constitute a
zoning violation. Those special conditions shall be based on competent
credible evidence on the record, be incorporated into the decision, and
may include, but are not limited to, provisions for:
(1)
Minimizing adverse impact of the development upon other land,
including the type, intensity, design and performance of activities;
(2)
Controlling the sequence of development, including when it must
be commenced and completed;
(3)
Controlling the duration of use or development and the time within
which any temporary structure must be removed;
1677
(4)
Assuring satisfactory installation and maintenance of required
public improvements;
(5)
Designating the exact location and nature of development; and
(6)
Establishing detailed records by submission of drawings, maps,
plats or specifications.
(16)
Expiration of a special exception or variance. Any authorized special
exception or variance which is not implemented within a period of one (1)
year from the date of action by the board shall be void unless, upon
written request of the applicant or appellant, the board grants an
extension, provided that not more than one (1) such extension for a
period of six (6) months may be granted.
D.
Procedure for appeals, special use permits, variances or deviations. Appeals to
the board may be taken by any party aggrieved or by an officer, board or bureau
affected by any order or decision of the zoning inspector or building inspector
concerning the provisions of this ordinance. Such appeal shall be taken within
thirty (30) days of such order or decision by filing with the officer from whom the
appeal is taken and with the board a notice of appeal specifying the grounds for
the appeal. The officer from whom the appeal is taken shall forthwith transmit to
the board all the papers constituting the record upon which the action appealed
from was taken. An appeal shall stay all proceedings pursuant to section 45-24-
70 of the General Laws.
An application for a special use permit, variance or deviation shall be filed directly
with the board specifying the grounds for the application.
In filing for an appeal, variance, deviation or special use permit, the applicant, in
addition to filing plans and specifications supporting the request, shall accompany the
request with a list of property owners within three hundred (300) feet of the perimeter of
the property in question and a[n] application filing fee of one hundred fifty dollars
($150.00) payable to the Town of Scituate.
The board shall fix a reasonable time for the hearing of an appeal or an
application for a special use permit, deviation or variance. It shall publish notice of the
hearing at least fourteen (14) days prior to the date of such hearing in a newspaper of
general circulation in the town; shall give notice (which such notice shall include the
street address of the property) by regular mail at least fourteen (14) days prior to the
date of such hearing to the applicant, owners of property within three hundred (300) feet
of the perimeter of the property in question, and other parties in interest; and shall hear
and decide the appeal within a reasonable time. Any party may appear at the hearing in
person, by agent or by attorney.
Appeals from decisions of the zoning board of review shall be in the manner
provided by statute.
E.
[Requirements of the board to vote]. The board shall be required to vote as
follows:
(1)
Five (5) active members shall be necessary to conduct a hearing. As
soon as a conflict occurs for a member, that member shall recuse himself
or herself, shall not sit as an active member, and take no part in the
conduct of the hearing. Only five (5) active members shall be entitled to
1678
vote on any issue;
(2)
The concurring vote of three (3) of the five (5) members of the zoning
board of review sitting at a hearing shall be necessary to reverse any
order, requirement, decision or determination of any zoning administrative
officer from whom an appeal was taken; and
(3)
The concurring vote of four (4) of the five (5) members of the zoning
board of review sitting at a hearing shall be required to decide in favor of
an applicant on any matter within the discretion of the board upon which it
is required to pass under the ordinance, including variances and special
use permits.
(Ord. of 4-10-97; Ord. of 4-9-98; Ord. of 1-8-04)
Section 7. Amendments.
Any person may apply for an amendment making a specific change in the zoning
map by filing an application with the town clerk directed to the town council accompanied
by a filing fee of one hundred fifty dollars ($150.00) together with such fee as the town
clerk may require to reimburse the town for the estimated expenses of advertising and
registered or certified mail.
Immediately upon receipt of the proposal the town clerk shall refer it to the town
council and to the plan commission for study and recommendation. The plan
commission shall report to the town council within forty-five (45) days after receipt of the
proposal, giving its findings and recommendations; including, as required by section 45-
24-52 of the General Laws,
(a)
A statement of the general consistency of the proposal with the
comprehensive plan, including the goals and policies statement, the
implementation program and all other applicable elements of the
comprehensive plan; and
(b)
A demonstration of recognition and consideration of each of the
applicable purposes of zoning as presented in section 45-24-30 of the
General Laws.
The town council shall hold a public hearing within sixty-five (65) days of receipt
of a proposal after notice as required by section 45-24-53. The town council shall render
a decision within forty-five (45) days after the date of completion of the public hearing.
The provisions of this section pertaining to deadlines shall not be construed to apply to
any extension consented to by an applicant.
(A)
No proposed amendment making a specific change in the zoning map
shall be enacted until after a public hearing, at which, opportunity shall be
given for all persons interested to be heard, has been held upon the
question of the enactment, amendment or repeal of such ordinance,
before the town council, who shall first give written notice of the time and
place of such public hearing, and the nature and purpose thereof, to all
owners of any real property within three hundred (300) feet of the
perimeter of the real property which is the subject matter of the proposed
amendments, enactment or repeal by registered or certified mail at least
fourteen (14) days before the date of such hearing and by publication of
1679
such notice in a newspaper of general circulation within such town at
least once each week for three (3) successive weeks prior to the date of
such hearing. Notice shall also be mailed to Associate Director of R.I.
Division of Planning, Department of Administration at least fourteen (14)
days prior to the hearing. The town council may in approving a zone
change limit such change to one (1) of the permitted uses in the zone to
which the subject land is rezoned, and impose such limitations and
conditions upon the use of the land as it deems necessary. The town
clerk shall cause the limitations and conditions so imposed to be clearly
noted on the zoning map. If the permitted use for which the land has been
rezoned is abandoned or if the land is not used for that purpose for a
period of two (2) years, the town council may after a public hearing as
hereinbefore set forth, change the land to its original zoning use before
such petition was filed.
Such newspaper notices containing a statement of the proposed
amendments to the ordinance shall be inserted once in its entirety and
thereafter a weekly formal legal notice shall be inserted stating that a
public hearing will be held specifying the time and place of such hearing.
Such subsequent formal notices shall include reference to such original
advertisement which gave full description. The newspaper notice shall be
published as a display advertisement, using a type size at least as large
as the normal type size used by the newspaper in its news articles, and
shall:
(1)
Specify the place of the hearing and the date and time of its
commencement;
(2)
Indicate that adoption, amendment or repeal of a zoning
ordinance is under consideration;
(3)
Contain a statement of the proposed amendments to the
ordinance that may be printed once in its entirety, or summarize
and describe the matter under consideration;
(4)
Advise those interested where and when a copy of the matter
under consideration may be obtained or examined and copied;
and
(5)
State that the proposals shown thereon may be altered or
amended prior to the close of the public hearing without further
advertising, as a result of further study or because of the views
expressed at the public hearing. Any alteration or amendment
must be presented for comment in the course of the hearing.
(B)
Where a proposed general amendment to an existing zoning ordinance
includes changes in an existing zoning map, public notice shall be given
as required by subsection (A) of this section.
(C)
Where a proposed amendment to an existing ordinance includes a
specific change in a zoning district map, but does not affect districts
generally, public notice shall be given as required by subsection (A) of
this section, with the additional requirements that:
(1)
Notice shall include a map showing the existing and proposed
1680
boundaries, zoning district boundaries, and existing streets and
roads and their names, and town boundaries where appropriate;
and
(2)
Written notice of the date, time and place of the public hearing and
the nature and purpose thereof shall be sent to all owners of real
property whose property is located in or within not less than three
hundred (300) feet of the perimeter of the area proposed for
change, whether within the town or within an adjacent city or town.
The notice shall be sent by registered or certified mail to the last
known address of the owners, as shown on the current real estate
tax assessment records of the town in which the property is
located.
(D)
Notice of a public hearing shall be sent by first class mail to the town
council of any city or town to which one (1) or more of the following
pertain:
(1)
Which is located in or within not less than three hundred (300) feet
of the boundary of the area proposed for change; or
(2)
Where there is a public or quasi-public water source, or private
water source that is used or is suitable for use as a public water
source, within two thousand (2,000) feet of any real property that
is the subject of a proposed zoning change, regardless of
municipal boundaries.
(E)
Notice of a public hearing shall be sent to the governing body of any state
or municipal water department or agency, special water district or private
water company that has riparian rights to a surface water resource and/or
surface watershed that is used or is suitable for use as a public water
source and that is within two thousand (2,000) feet of any real property
which is the subject of a proposed zoning change, provided, however,
that the governing body of any state or municipal water department or
agency, special water district or private water company has filed with the
building inspector in the town a map survey, which shall be kept as a
public record, showing areas of surface water resources and/or
watersheds and parcels of land within two thousand (2,000) feet thereof.
(F)
No defect in the form of any notice under this section shall render any
ordinance or amendment invalid, unless the defect is found to be
intentional or misleading.
(G)
Costs of any notice required under this section shall be borne by the
applicant.
(H)
In granting a zoning ordinance amendment, notwithstanding the
provisions of section 45-24-37 of the General Laws, the town council may
limit the change to one of the permitted uses in the zone to which the
subject land is rezoned, and impose such limitations, conditions and
restrictions, including, without limitation:
(1)
Requiring the petitioner to obtain a permit or approval from any
and all state or local governmental agencies or instrumentalities
having jurisdiction over the land and use which are the subject of
1681
the zoning change;
(2)
Those relating to the effectiveness or continued effectiveness of
the zoning change; and/or
(3)
Those relating to the use of the land; as it deems necessary.
The town clerk shall cause the limitations and conditions so imposed to
be clearly noted on the zoning map and recorded in the land evidence
records, provided, however, in the case of a conditional zone change, the
limitations, restrictions and conditions shall not be noted on the zoning
map until the zone change has become effective. If the permitted use for
which the land has been rezoned is abandoned or if the land is not used
for the requested purpose for a period of two (2) years or more after the
zone change becomes effective, the town council may, after a public
hearing as hereinbefore set forth, change the land to its original zoning
use before the petition was filed. If any limitation, condition or restriction in
an ordinance is held to be invalid by a court in any action, that holding
shall not cause the remainder of the ordinance to be invalid.
ARTICLE II. DISTRICT USE REGULATIONS
The following uses are permitted only in the districts marked with an "X". Uses
permitted in the districts as special use permits under the provisions of article I, section
6C, of this ordinance are marked with an "S". The top horizontal row in each use is the
town-wide zoning; the bottom row in each use is for village overlay districts only.
1682
ARTICLE II
DISTRICT USE REGULATIONS
The following uses are permitted only in the districts marked with an "X."
Uses permitted in the districts as special use permits under the provisions of
Article 1 section 6C of this ordinance are marked with an "S." The top
horizontal row in each use is the Town-wide Zoning; the bottom shaded row
in each use is for Village Overlay Districts only.
DISTRICT
Section 1.
RR-120
RS-120
BL
BG
M
Agricultural
RRW-
RSW-
Uses.
60/80
60/80
1. Keeping of
X
S
X
X
animals and
X
S
S
S
S
fowl for home
Uses.
2. Keeping of
X
X
animals for
X
X
sale.
3. Raising of crops
X
X
X
X
X
and forest products
X
X
X
X
X
4. Commercial
S
S
X
X
X
nursery
S
S
X
X
X
5. Sale of produce
X
S
X
X
X
raised on the premises
X
S
X
X
X
6. Keeping of horses,
X
S
ponies, donkeys & mules
X
S
S
S
S
7. Kennel (includes
S
S
S
S
S
kennel as defined in
S
S
S
S
S
Section 4-13-10 of the
General Laws; boarding
kennel; or the keeping
of more than three (3) dogs
over the age of six (6)
months. Note: to keep
three (3) or more adult dogs
town council approval is
also required)
8. Poultry Farm
S
S
Minimum of sixty thousand (60,000) sq. ft. required for one (1) horse, pony, donkey or mule.
Minimum of one hundred twenty thousand (120,000) sq. ft. required for two (2) horses,
etc. More than five (5) acres required for more than two (2) horses, etc., but not more
than four (4) horses. More than ten (10 acres required for more than five (5) horses,
etc., but not more than ten (10) horses without a special use permit.
1683
DISTRICT
Section 2.
RR-120
RS-120
BL
BG
M
Residential
RRW-
RSW-
Uses.
60/80
60/80
1. Single-Family detached
X
X
X
dwelling
X
X
X
S
S
2. Two-Family dwelling
S
S
X
structures
S
S
X
S
S
3. Multifamily dwelling
S
structures
S
S
S
S
S
4. Lodging or guest house,
S
S
S
S
bed or breakfast (not to
S
S
S
S
S
exceed three (3) units)
5. Dormitory for a
S
S
X
X
permitted use.
S
S
S
S
S
6. Hotel
S
S
S
S
S
S
7. Motel
S
S
S
S
S
8. Customary home
X
S
X
X
X
occupation (performed by
X
X
X
X
X
the occupant and using no
more than six hundred (600)
sq. ft. of the area of one (1)
floor, provided such activity
shall not be visible from a lot
line and that there shall be
no exterior advertising,
except as permitted by
article VII)
9. Rest home or
X
X
convalescent home
S
S
S
S
S
(8.) 10. Accessory Family
S
S
Dwelling Units
S
S
1684
(Ord. Of 4-23-98 (1))
DISTRICT
Section 3
RR-120
RS-120
BL
BG
M
Open Recreation
RRW-
RSW-
Uses.
60/80
60/80
1. Public Playground
S
S
S
S
S
S
S
2. Bathing Beach
S
S
X
X
X
S
S
S
S
3. Golf Course
S
S
S
S
S
S
S
S
S
S
4. Other Commercial
S
S
Recreation
S
S
S
S
DISTRICT
Section 4
RR-120
RS-120
BL
BG
M
Public & Semi-Public
RRW-
RSW-
Buildings
60/80
60/80
1. School or College
S
X
X
S
S
X
X
S
2. Religious Institution
S
X
X
S
S
X
X
S
3. Charitable institution
X
X
(No commercial activity)
S
X
X
S
4. Library, Museum, etc.
X
X
X
X
X
X
X
X
X
5. Hospital or clinic (not for
X
X
mental or alcoholic treatment
S
S
S
6. Hospital (for mental or
S
alcoholic treatment)
S
S
7. Government building (except
X
X
X
penal, garage or utility)
X
X
X
X
X
8. Penal, garage or utility
S
S
X
government buildings
S
S
S
S
S
9. Fire or Police Station
X
X
X
X
X
X
X
X
X
X
10. Sewage plant or
S
incinerator
11. General purpose hall
leased for recreation, social
S
S
S
or other intermittent functions
S
S
S
S
S
12. Half-way houses
S
S
S
S
S
1685
DISTRICT
Section 5
RR-120
RS-120
BL
BG
M
Office Uses
RRW-
RSW-
60/80
60/80
1. Professional office in the
X
X
X
X
X
home (for use by a resident of
X
X
X
X
X
the premises, no outside
employee)
2. Professional office, real
S
X
X
estate, insurance agency, etc.
S
S
X
X
S
3. Temporary real estate
S
S
X
X
X
office (one (1) year only)
S
S
X
X
X
4. Bank or office building
S
X
X
X
S
S
X
X
X
5. Office for wholesale or
S
X
X
manufacturing USE
S
X
X
DISTRICT
Section 6
RR-120
RS-120
BL
BG
M
Restaurants &
RRW-
RSW-
Entertainment
60/80
60/80
1. Lunch room or restaurant
X
X
X
(not including entertainment
S
X
X
X
and liquor)
2. Tavern or night club
S
S
S
S
S
3. Theatre or night club
S
S
S
S
S
4. Indoor commercial
S
S
S
recreation
S
S
S
5. Lunch room or cafeteria
X
X
X
X
X
(accessory to a permitted use
X
X
X
X
X
and designed to serve the
students, employees and
patrons of the main use,
located entirely within the main
building and with no exterior
advertising
1686
DISTRICT
Section 7
RR-120
RS-120
BL
BG
M
Business
RRW-
RSW-
60/80
60/80
1. Barber, beautician, shoe
S
X
X
X
repair, laundry pickup and
S
X
X
X
X
similar service shops
2. Print shop, photo studio,
X
X
taxidermist and similar
S
S
X
X
S
specialty shops
3. Mortuary or funeral home
S
X
X
S
S
X
X
S
4. Radio or television studio
S
S
S
S
(or) transmission towers
(broadcast)
5. Veterinary or pet shop
S
S
X
S
S
X
X
6. Caterer
X
X
X
S
S
X
X
X
7. Gasoline filling station
S
X
S
(no major repairing)
S
S
S
8. General automotive
S
S
repair
S
S
9. Vehicle rental agency
S
X
S
(no repairs)
S
S
S
10. Grocery, bakery, drug,
X
X
hardware, variety and similar
S
S
X
X
X
neighborhood stores
11. Fruit or vegetable stand
S
X
X
S
S
X
X
X
12. Package store (alcoholic
S
X
beverages)
S
X
X
13. General merchandise,
S
X
department store, supermarket,
S
S
S
furniture and household goods
(including storage up to thirty
(30) percent of the gross floor area
14. Auto and truck sales in a
S
S
building (including repairs)
S
15. Auto and truck sales in an
S
S
open lot
16. Retail sales in an open lot
S
S
S
1687
17. Booth or stand for sale of
X
X
X
X
goods, merchandise, food,
X
X
X
X
refreshments, (non-alcoholic),
arts and crafts during an arts and
crafts festival of no more than
three (3) days duration once per
year, when such booth or stand
has been licensed pursuant to the
provisions of the Ord. of
8-14-00(2) (chapter 6, article IX of
this Code) which provides for such
licenses and defines the areas
within the town within which such
licenses may be granted.
(Amd. Of 7-13-00)
DISTRICT
Section 8.
RR-120
RS-120
BL
BG
M
Transportation Uses
RRW-
RSW-
60/80
60/80
1. Airport
S
S
S
2. Heliport
S
S
S
S
3. Offstreet parking facility
S
S
X
X
X
(accessory to a use permitted in
S
S
X
X
X
the district)
4. Commercial offstreet parking
X
X
X
facility
X
X
X
5. Rail or motor freight terminal
S
X
S
6. Rail or bus passenger station
X
X
S
X
X
X
DISTRICT
Section 9
RR-120
RS-120
BL
BG
M
Wholesale Business & Storage
RRW-
RSW-
60/80
60/80
1. Wholesale business and
S
X
storage of nonflammable and
X
nonexplosive material in a
building
2. Open lot storage of building
S*
materials and machinery, motor
S*
vehicles, trailers, campers, truck
trailers, motor vehicle parts
3. Open storage of solid fuel,
S*
sand and gravel
S*
1688
4. Storage of flammable or
S
explosive materials above ground
5. Storage of flammable or
S
S
S
explosive materials under ground
*Must be screened by an opaque fence or hedge no less than seven (7) feet in height.
DISTRICT
Section 10
RR-120
RS-120
BL
BG
M
Service Industries
RRW-
RSW-
60/80
60/80
1. Dry cleaning plant
S
S
S
2. Auto body or paint shop
S
S
3. Blacksmith or welding shop
X
S
S
X
4. Power generating station
S
S
X
S
S
5. Electric substation
X
X
X
S
S
S
6. Office or office building, service
S
X
X
X
building storage or materials, uses
S
X
X
X
incidental or related to operation of
maintenance of all or any part of a
public service system, or any
structure or uses substantially
similar to any of the structures or
uses included in this subsection
or otherwise permitted under other
provisions of this ordinance.
7. Any other structure which is
S
S
S
S
S
part of a public service system
S
S
S
S
S
8. Telecommunications Towers
S
S
S
and Antennas*
*Telecommunications towers are prohibited in village overlay districts. An additional
setback of 10 feet for each foot of tower height between a proposed tower or antenna
and village overlay district limit shall be applied.
1689
(Ord. Of 4-23-98 (1))
DISTRICT
Section 11
RR-120
RS-120
BL
BG
M
Industrial Uses
RRW-
RSW-
Uses.
60/80
60/80
1. The manufacture, compounding
X
processing or packaging of bakery
S
S
X
goods, candy, cosmetics, drugs,
food products (excluding meat, fish,
yeast, vinegar and the rendering of
fats and oils) and other similar
operations
2. The manufacture, compounding
X
or assembly of articles using shell,
X
cellophane, plastic, fur, glass,
leather, precious metals or stones,
wood, textiles or tobacco and other
previously prepared products
3. The manufacture and assembly
X
from prepared materials of: musical
S
S
X
instruments, clocks, toys,
novelties, appliances, electronic
devices, metal products, machine
tools and machinery (not requiring
the use of drop hammers and punch
presses of over one hundred (100)
tons) and other similar products
4. Atomic energy processes
S
S
5. Auto manufacture or assembly
S
S
6. Boat manufacturing
X
X
7. Boat storage and repair
X
X
8. Boiler, locomotive or railcar
S
manufacture
S
9. Machinery or machine tool
S
manufacture (requiring drop
S
hammers or punch presses of over
one hundred (100) tons).
10. Mining, quarrying or loam
S
S
stripping
S
11. Paint Manufacture
S
S
12. Plastic and pyroxylin
S
manufacture
S
1690
13. Retail outlet for industrial
S
X
X
operation
S
X
X
14. Rubber manufacture or
S
treatment
S
15. Soap manufacture
S
S
16. Sodium compounds
S
manufacture
17. Stone cutting
X
S
S
X
18. Textile dyeing or finishing
S
S
19. Tile or brick
S
manufacturing
S
All uses not specifically listed in this section or article X will require a ruling in writing as to general
classification by the zoning inspector. If such a classification is listed as a special use permit,
the provisions of article I, section 6C will apply.
DISTRICT
Section 12
RR-120
RS-120
BL
BG
M
Accessory uses
RRW-
RSW-
60/80
60/80
1. Any accessory use customarily
X
X
X
X
X
incident to a use permitted in the
X
X
X
X
X
district and located on the same site
2. Any accessory uses customarily
S
S
S
S
S
incident to a use permitted as a
S
S
S
S
S
special exception in the district
and located on the same site
(Ord. of 1-8-04)
Section 13. Mandatory permitted uses.
As required by section 45-24-37 of the General Laws, the following uses shall be
permitted uses within all residential districts and all industrial and commercial districts,
except where the zoning inspector determines that residential use would present a
public health or safety hazard:
(a)
Households.
(b)
Community residences.
(c)
Family day-care homes.
(d)
Any time a building or other structure used for residential purposes, or a
portion of a building containing residential units, is rendered uninhabitable
by virtue of a casualty such as fire or flood, the owner of the property is
1691
allowed to park, temporarily, mobile and manufactured home or homes,
as the need may be, elsewhere upon the land, for use and occupancy of
the former occupants for a period of up to twelve (12) months, or until the
building or structure is rehabilitated and otherwise made fit for occupancy.
The property owner, or a properly designated agent of the owner, is only
allowed to cause the mobile and manufactured home or homes to remain
temporarily upon the land by making timely application to the local
building official for the purposes of obtaining the necessary permits to
repair or rebuild the structure.
(e)
Notwithstanding any other provision of this chapter (ordinance),
appropriate access for people with disabilities to residential structures is
allowed as a reasonable accommodation for any person(s) residing, or
intending to reside, in the residential structure.
(Ord. of 1-8-04)
Section 14. Town of Scituate exempt.
Any building or use employed by the Town of Scituate in the performance of its
governmental functions shall be exempt from the operation of this ordinance.
Section 15. City of Providence.
Property owned by the City of Providence under the jurisdiction of the Providence
Water Supply Board may be used for the collection, storage, processing and distribution
of water and, as an incident thereto, the planting and harvesting of forest products and
the production of electricity. Such property may also be used according to the district use
regulations and district dimensional regulations for RR-120 district property.
ARTICLE III. DISTRICT DIMENSIONAL REGULATIONS
Section 1. Residential districts
Single Family
Other Permitted
Use
Residence
Structure
1. RR-120 District
Minimum Lot Size RR-120
120,000 sq. ft.
120,000 sq. ft.
Minimum Lot Width
300 ft.
300 ft.
Minimum Front Yard Depth
50 ft.
50 ft.
Minimum Side Yard Depth
35 ft.
15 ft.
Minimum Rear Yard Depth
60 ft.
60 ft.
Maximum Building Coverage
15%
15%
Maximum Building Height
36 ft.
30 ft. see note 4
2. RS-120 District
Minimum Lot Size RS-120
120,000 sq. ft.
120,000 sq. ft.
Minimum Lot Width
300 ft.
300 ft.
Minimum Front Yard Depth
50 ft.
50 ft.
1692
Minimum Side Yard Depth
35 ft.
15 ft.
Minimum Rear Yard Depth
60 ft.
60 ft.
Maximum Building Coverage
15%
15%
Maximum Building Height
36 ft.
30 ft. see note 4
3. RRW-60/80 District
Minimum Lot Size RRW-60/80
80,000 sq. ft.
80,000 sq. ft.
(no public water)
Minimum Lot Size RRW-60/80
60,000 sq. ft.
60,000 sq. ft.
(public water)
Minimum Lot Width
200 ft
200 ft
Minimum Front Yard Depth
50 ft.
50 ft.
Minimum Side Yard Depth
35 ft.
15 ft.
Minimum Rear Yard Depth
60 ft.
60 ft.
Maximum Building Coverage
15%
15%
Maximum Building Height
36 ft.
30 ft. see note 4
4. RSW-60/80 District
Minimum Lot Size RSW-60/80
80,000 sq. ft.
80,000 sq. ft.
(no public water)
Minimum Lot Size RSW-60/80
60,000 sq. ft.
60,000 sq. ft.
(public water)
Minimum Lot Width
200 ft
200 ft
Minimum Front Yard Depth
50 ft.
50 ft.
Minimum Side Yard Depth
35 ft.
15 ft.
Minimum Rear Yard Depth
60 ft.
60 ft.
Maximum Building Coverage
15%
15%
Maximum Building Height
36 ft.
30 ft. see note 4
NOTES:
1. Minimum lot width in RR-120, RS-120, RRW-60/80 and RSW-60/80 districts is the distance
between the side lines of a lot, measured at the required front yard depth which is fifty (50) feet
and which distance shall be maintained for at least one hundred (100) feet back from the point
of required minimum lot width.
2. The maximum height dimension shall be measured from average ground level to the highest
point on the roof of the structure. The maximum height limit shall not affect spires, water towers,
chimneys, transmission towers or other similar structures.
3. Any use listed in article II, sections 1 and 2 which may be located in a BL, BG or M District
shall conform to the dimensional regulations of the RS-120 district.
4. Accessory structure height may be increased to 36 feet if conforming to principal use
structure setbacks.
1693
Section 2 Business and manufacturing districts.
Any Permitted
Use
1. BL District and BG District
Minimum Front Yard Depth (unobstructed
25 ft.
Minimum Side Yard Depth
--
Minimum Rear Yard Depth
40 ft.
Minimum Distance of Structure from
30 ft.
Residence District Boundary
Maximum Building Coverage
25%
Maximum Building Height
36
ft.
2. M District--General Manufacturing
Minimum Front Yard Depth
40 ft.
Minimum Side Yard Depth
40 ft.
Minimum Rear Yard Depth
40 ft.
Minimum Distance of Structure from
Residential District
100
ft.
Maximum Building Coverage
25%
Maximum Building Height
-----
Section 3. Multifamily dwelling structures.
1.
A multifamily dwelling structure means a residential building designed for three
(3) or more separate dwelling units enclosed within a single structure. Each
dwelling or living unit shall be designed and constructed with a maximum of two
(2) bedrooms.
2.
A dwelling unit means a portion of a structure designed for the use of (or
occupied by) one (1) family for living, cooking and sleeping purposes.
3.
Each multifamily structure shall be provided with the necessary water supply and
separate sewerage for sanitary and laundry facilities, all contained on the lot. All
such systems shall be in conformance with the Rhode Island Department of
Environmental Management Regulations currently in effect and all town
regulations and standards. Where town, state and/or other standards are in
conflict, the more restrictive standards shall prevail.
4.
A site plan for a multifamily dwelling or dwellings of three (3) or more units shall
be prepared by a registered architect or engineer and shall show the following,
together with appropriate dimensions:
a.
Proposed name of the development, name of developer and owner;
b.
Lot layout by legal descriptions;
c.
Names and addresses of applicant and designer of the plan;
d.
Scale of plan; overall site: 1" = 100'
Detailed plan of immediate area of development: 1" = 20';
1694
e.
The topographic map shall show existing ground contours over the area
proposed for development as follows: Minimum of 5' contour intervals and
spot elevations at appropriate locations to substantiate design features;
f.
Boundary line of development indicated by a solid line, and the total
acreage encompassed thereby; names of abutting property owners
indicated;
g.
Existing sewers, wells, water mains, drainage culverts and other
underground facilities within the tract, indicating pipe sizes, grades,
manholes and location;
h.
Location, arrangement and dimensions of automobile parking spaces,
width of aisles, width of bays, angle of parking;
i.
Location and dimensions of vehicular drives, entrances, exits,
acceleration and deceleration lanes; location and dimensions of
pedestrian entrances, exits, walks and walkways;
j.
Storm drainage system and sanitary sewage disposal systems as
approved;
k.
Location, height and materials of walls, fences and screen planting;
l.
Lighting (exterior);
m.
Ground cover, finished grades, slopes, banks and ditches;
n.
Location and general exterior dimensions of principal and accessory
buildings and signs;
o.
The stages, if any, to be followed in the construction of the development;
p.
The developer shall submit architectural floor plans and elevations of the
principal building(s) for review of their general design and selection of
exterior materials for the intended use and compatibility with the site and
surrounding established uses.
5.
The following minimum lot sizes shall be required for multifamily dwelling
structures, whether contained in one (1) building or more than one (1) building on
a single parcel:
3 dwelling units
200,000 square feet
4 -10 dwelling units
400,000 square feet
11 - 15 dwelling units
600,000 square feet
16 - 20 dwelling units
800,000 square feet
21-25 dwelling units
1,000,000 square feet
26-30 dwelling units
1,200,000 square feet
31-35 dwelling units
1,400,000 square feet
More than thirty-five (35) dwellings units, one million four hundred thousand (1,400,000)
square feet plus forty thousand (40,000) square feet for each dwelling unit.
Minimum lot width shall be three hundred (300) feet plus an additional ten (10)
feet for each dwelling unit in excess of three (3).
1695
In all other respects the district dimensional requirements for RR-120 districts as
set forth in article III, section 1 shall apply, except where stricter requirements are
imposed by subsection 6 of this section.
6.
In areas where there is no public water and/or no public sewage system or where
the water supply of the City of Providence might be adversely affected, the
zoning board of review may require larger lot sizes or fewer dwelling units.
7.
The zoning board of review may in any development of more than twenty (20)
dwelling units require dedication of a portion of the premises as a park for
residents of the dwelling units, such area to be not less than one (1) acre nor
more than five (5) acres.
8.
Buffer strip. A strip 100 feet in width or depth along side and rear lot lines shall be
maintained as a landscape buffer strip.
9.
Rubbish disposal. Each building shall be provided with an enclosed fireproof
waste pen of sufficient size to accommodate all trash and waste stored on the
premises. Waste pen and utility area shall be properly screened and buffered
from all buildings and property lines. No trash shall be disposed of on the
premises.
10.
Offstreet parking facilities. Minimum offstreet parking shall be provided and
maintained as follows:
a.
Two (2) car spaces per dwelling unit (three hundred (300) sq. ft. per
space, including access, egress and general circulation).
b.
No parking shall be permitted within one hundred (100) feet of any
boundary line or within the required minimum front yard.
11.
Prohibition for certain groundwater table areas. Multi-dwelling structures are
prohibited in any area where the groundwater table is within four (4) feet of the
original ground surface or where an impervious layer is within six (6) feet of the
original ground surface.
ARTICLE IV. SPECIAL REGULATIONS
Section 1. Preexisting uses. (Nonconforming uses)
A.
Definition. A preexisting use is any use of land or of any structure which was in
lawful use at the time of passage of this ordinance, but which is not in conformity
with the provisions of this ordinance.
B.
Continuance. Any preexisting use shall be permitted to continue until such time
as such use is discontinued, destroyed, demolished or changed to another use.
C.
Discontinuance. A preexisting use which has been abandoned shall not be
allowed to be resumed and any future use of such building or land must conform
to the provisions of this ordinance. If any nonconforming use is halted for a
period of one (1) year, the owner of the property will be presumed to have
abandoned the nonconforming use, unless that presumption is rebated by
presentation of sufficient evidence of intent not to abandon the use.
D.
Destruction. If a preexisting use is destroyed by accident or by act of God or if it
1696
is demolished at the direction of the owner, such use may be reestablished,
provided the total floor space and location are not altered or increased. Nothing
shall prevent the performance of normal maintenance work or work necessary to
comply with safety codes on a legal preexisting use.
E.
Change of use. A preexisting use may be changed only to a conforming use. A
change to a use not conforming to the requirements of the district may be
granted only as a variance.
F.
Enlargement. A preexisting use may be enlarged only as a special use permit
under article I, section 6C.
G.
Exemption. Any use which does not conform in dimension, but conforms in use
shall be exempt from the provisions of this section, provided the dimensional
nonconformity is not increased in any way.
H.
Two (2) houses, on one (1) lot. Where two (2) or more dwelling houses, which
were in existence at the time of enactment of this ordinance, are located on one
(1) lot, the zoning board of review may, by special use permit, permit the division
of the lot into separate lots for each house even though the separate lots do not
conform in size and/or dimensions to the minimum sizes and/or dimensions for
residential use.
Section 2. Yard exceptions.
The space in a required front, side or rear yard shall be open and unobstructed
with the following exceptions:
A.
An unenclosed porch may extend up to ten (10) feet into a side or rear
yard.
B.
Ordinary projections of window sills, cornices and other ornamental
features may extend up to one (1) foot into a yard.
C.
Landscape features such as trees, fences, shrubs and terraces may be
placed in any yard area.
D.
In BL, BG and M districts an outdoor telephone booth may be located in a
front yard area, provided it is adjacent to a permitted curb parking area or
an offstreet parking facility, and one (1) permitted sign may be located in
the front yard so long as it complies with the requirements of article VII
(sign regulations).
E.
In RR and RS districts where property is used for single-family residential
purposes, permitted detached structures, other than dwelling houses,
may be located in the rear yard so long as they are at least fifteen (15)
feet from the rear lot line and fifteen (15) feet from the side lot line and
provided that such structures shall be limited to a maximum height or [of]
30 feet and a maximum floor space of eight hundred seventy-five (875)
square feet.
F.
Barns for keeping livestock and/or farm machinery and other agricultural
uses in RR districts may have a maximum floor space of three thousand
(3,000) square feet and a greater area may be permitted by the zoning
board of review as a special use permit.
1697
G.
In BL, BG, and M zones (and for uses permitted in those zones which are
located in RR and RS zones) propane tanks shall be placed in
accordance with applicable federal, state and town fire safety regulations.
Section 3. Substandard lots of record.
Except for lots on recorded plats which have received final approval from the
plan commission pursuant to the ordinance and rules and regulations governing and
restricting the platting and other subdivision of land, no lot area shall be reduced below
the dimensional requirements prescribed for the district in which the lot is located. No
yard or open space provided around any building for the purpose of complying with the
provisions of this ordinance shall again be used as a yard or open space for any other
building.
Where no adjacent land is in the same ownership so as to form at least a lot of
the minimum lot size and dimensions for the district which was of record on the effective
date of this ordinance [December 30, 1965] may be used for a permitted use, or use
permitted by special use permit if a special use permit is granted, provided that such lot
shall have a minimum area of ten thousand (10,000) square feet and a minimum width of
one hundred (100) feet. All yard dimensions of such lot shall conform to the provisions of
the district, except that the side yard depth may be reduced to ten (10) feet for any lot
less than twelve thousand five hundred (12,500) square feet in area.
In residence districts where a lot has a width of less than one hundred fifty (150)
feet, the minimum side yard depth is fifteen (15) feet for a single-family residence and
ten (10) feet for other permitted uses.
(Ord. of 1-8-04)
Section 4. Corner lots.
For the purpose of complying with the provisions of article III of this ordinance,
the shorter of the two (2) street lot lines shall be interpreted as the front lot line of any
corner lot. All dimensional regulations of article III shall apply, except that the side yard
which is adjacent to a street shall have a depth equal to one-half ( 1/2) the sum of the
required side yard and front yard depths for the district.
On any corner lot, no driveway or accessway shall be constructed within seventy-
five (75) feet of the intersection of two (2) street lines.
Section 5. Vision clearance at corners.
At street line intersections, in all districts, no building or structure shall be erected
between a height of three (3) feet and ten (10) feet above street level and no vegetation
shall be planted or allowed to grow above a height of three (3) feet above the street level
within the triangle formed by the two (2) intersecting street lines and a third line joining
points on these street lines fifteen (15) feet from the intersection. Poles not exceeding
six (6) inches in diameter are exempted from this regulation.
Section 6. Lots divided by a zoning district boundary.
Where a lot is divided by a zoning district boundary, the regulations for either
zoning district shall apply, except that no district shall, in effect, be extended more than
1698
thirty (30) feet into an adjoining district.
Section 7. Setback from water bodies.
Sewage disposal facilities designed to leach wastes into the soil shall be located
no closer than one hundred fifty (150) feet from the edge of any pond or stream. No
building or structure, except a dock shall be placed or erected within seventy-five (75)
feet from the edge of any pond or stream, except as may be granted by the board as a
special use permit.
Section 8. Number of residential structures per lot.
Not more than one (1) main residential structure shall be permitted on a lot,
except that this regulation shall not be construed to limit the number of institutional
dormitories permitted on one (1) lot.
Section 9. Floodplain district regulations.
A.
Floodplain district. The floodplain district is herein established as an overlay
district. The underlying permitted uses are allowed, provided that they meet the
following additional requirements as well as those of the Rhode Island State
Building Code dealing with construction in floodplain. The floodplain district
includes all special flood hazard areas designated as Zone A, A1-30 on the Town
of Scituate Flood Insurance Rate Maps (FIRM), and the Flood Boundary and
Floodway Maps, dated January 2, 1981 on file with the town clerk, planning
board and building inspector. These maps as well as the accompanying Rhode
Island Flood Insurance Study are incorporated herein by reference.
B.
Development regulations. The following requirements apply in the floodplain
district:
1.
In the floodway, designated on the Flood Boundary and Floodway Map,
the following provisions shall apply:
a.
All encroachments, including fill, new construction, substantial
improvements to existing structures and other development are
prohibited, unless certification by a registered professional
engineer is provided by the applicant, demonstrating that such
encroachment shall not result in any increase in flood levels
during the occurrence of the 100-year flood.
b.
Any encroachment meeting the above standard shall comply with
the floodplain requirements of the state building code.
c.
The placement of mobile homes, except in an existing mobile
home park or mobile home subdivision, is prohibited.
2.
In A1-30 zones on the Flood Insurance Rate Map for new or substantially
improved mobile home parks or subdivisions require:
a.
That stands are elevated to or above base flood elevation;
b.
That adequate access and drainage is provided;
1699
c.
That, if pilings are issued for elevation, lots are large enough to
permit steps, piling foundations are placed in stable soil no more
than ten (10) feet apart, and reinforcement is provided for piers
more than six (6) feet above ground level.
Section 10. Telecommunications towers and antennas.
1.
Purpose.
A.
The purpose of the ordinance is to establish general guidelines for the
siting of towers and antennas. The goals of this ordinance are to:
1.
Encourage the location of towers in nonresidential areas and
minimize the total number of towers throughout the community;
2.
Encourage the joint use of tower sites;
3.
Encourage the users of towers and antennas to locate them, to
the maximum extent possible, in areas where the adverse impact
on the community is minimal;
4.
Encourage users of towers and antennas to configure them in a
way that minimizes the adverse visual impact of the towers and
antennas,
and
encourage
creative
design
measures
to
camouflage facilities;
5.
Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly,
effectively, and efficiently;
6.
Protect historical and residential areas from potential adverse
impacts.
2.
Definitions. As used in this ordinance, the following terms shall have the
meanings indicated:
A.
"Alternative tower structure" shall mean clock towers, bell steeples, light
poles and similar alternative design mounting structures that camouflage
or conceal the presence of antennas or towers.
B.
"Antenna" shall mean any exterior apparatus designed for telephonic,
radio or television communications through the sending and/or receiving
of electromagnetic waves.
C.
"FAA" shall mean the Federal Aviation Administration.
D.
"FCC" shall mean the Federal Communications Commission.
E.
"Pre-existing towers and antennas shall have the meaning set forth in
section 1(A) of this ordinance.
F.
"Height" shall mean, when referring to a tower or other structure, the
distance measured from the ground level to the highest point on the tower
or other structure, even if the said highest point is an antenna.
G.
"Tower" shall mean any structure that is designed and constructed
primarily for the purpose of supporting one (1) or more antennas,
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including self supporting lattice towers, guy towers or monopole towers.
The term includes radio and television transmission towers, microwave
towers, common-carrier towers, cellular telephone towers, alternative
tower structures and the like.
3.
Development standards for telecommunications towers and antennas.
1.
Town owned sites or facilities that are located in the prospective
development area which could potentially accommodate the proposed
antennae and communications tower shall be given priority consideration.
2.
In the event that no town facility is available, a reasonable effort shall be
made to utilize existing structures for telecommunications antennae.
Should an existing structure not be utilized, evidence as to why shall be
submitted.
3.
A bond shall be posted in perpetuity to cover the cost of removal of the
tower. The bond shall be reviewed by the director of public works every
five (5) years and adjusted accordingly. The bond amount set shall be
sufficient to cover the cost of the tower or antenna removal.
4.
Setback requirements for towers from all property lines shall be one and
one-half (1.5) feet for each foot of tower height. Guy wires shall be
adequately protected and shall be setback from all property lines the
minimum of the zoning district in which they are proposed, but no less
that [than] twenty-five (25) feet.
5.
Communication equipment buildings are considered as accessory
buildings and shall comply with the applicable setbacks of underlying
zoning district.
6.
Communications towers shall be constructed and situated in such a
manner as to fit in with the topography and features of the surrounding
environment. Tower buildings, ground structures and appurtenances shall
be completely screened from all adjacent properties and streets.
Plantings shall be of such a height and density to ensure complete
screening. Screening may be waived by the board on those sides or
sections that are adjacent to undevelopable lands not in public view.
Existing vegetation shall be preserved to the maximum extent possible
and may be used as a supplement for or a supplement towards meeting
the screening goal.
7.
Communications towers shall be enclosed by a maintenance free fence
no less than six (6) feet in height or more than eight (8) feet in height from
finished grade. Access shall be through a locked gate.
8.
Communications towers shall no [not] be artificially lighted except as
required for public safety reasons, by the Federal Aviation Administration
(FAA), or by the town.
9.
No signs shall be allowed on any communications tower except as
required for public safety reasons, by the Federal Aviation Administration
(FAA), or by the town.
10.
Communications antennae not attached to a communication tower shall
1701
be permitted as an accessory use to any commercial, industrial, office,
institutional, multifamily or public utility structure provided that:
A.
The antennae are not higher than twenty (20) feet above the
highest point of the structure.
B.
The antennae comply with applicable FCC and FAA regulations;
and
C.
The antennae comply with all applicable zoning requirements and
building codes.
11.
Communications towers shall comply with the following standards for the
minimum separation distance from existing communication towers and/or
communication towers that have received a valid special use permit, use
permit or building permit.
MINIMUM SEPARATION BETWEEN TOWERS (BY TYPE)
Proposed tower
types
Self supporting
Guyed
Monopole - 75
feet in Height or
Greater
Monopole -
less than 75
feet in Height
Self supporting
5,000 feet
5,000 feet
1,500 feet
750 feet
Guyed
5,000 feet
5,000 feet
1,500 feet
750 feet
Monopole - 75
feet in height or
greater
1,500 feet
1,500 feet
1,500 feet
750 feet
Monopole -
less than 75
feet in height
750 feet
750 feet
750 feet
750 feet
a.
Separation distances shall be calculated and applied irrespective
of jurisdictional boundaries.
12.
No proposed telecommunications site, structure or appurtenance shall be
designed, located or operated so as to interfere with existing or proposed
public safety communications.
13.
The following standards shall be used in the approval of the siting of new
towers.
Evidence that the applicant has investigated the possibility for locating the
proposed facilities on an existing tower, the use of stealth technology or
an alternative location where the tower would provide less of an impact
on the surrounding area;
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Such evidence shall consist of:
1.
Copies of letters sent to owners of all existing towers within
a one (1) mile radius of the proposed site, requesting the
following information:
A.
Tower height;
B.
Existing and planned tower users;
C.
Whether the existing tower could accommodate the
proposed antenna without causing instability or
radio frequency interference; and
D.
If the proposed antenna cannot be accommodated
on the existing tower, an assessment of whether
the
existing
tower
could
be
structurally
strengthened or whether the antenna's transmitters
and related equipment could be protected from
electromagnetic
interference,
and
a
general
description of the means and projected cost of
shared use of the existing tower.
2.
A copy of all responses within thirty (30) days from the
mailing date of the letter required by subsection (1); and
3.
A summary explanation of why the applicant believes the
proposed facility cannot be located on an existing tower.
4.
A summary explanation of why the applicant believes that
the use of an alternative tower structure is not possible.
5.
Provision of sound engineering evidence demonstrating
the location of the tower as proposed is necessary in the
interest of public safety or is a practical necessity.
(Ord. of 4-23-98(2))
Section 11. Setback from cemeteries.
No building or other structure shall be located closer than thirty-five (35) feet from
any cemetery (including historical cemeteries) or gravesite, and except for the access
road or way to the cemetery or gravesite, no road, street or driveway shall be located
within fifteen (15) feet of any cemetery (including historical cemetery) or gravesite.
Section 12. Land Development--Preservation and protection of cultural
environmental and scenic resources.
In an effort to preserve and protect unique features within proposed land
development projects the plan commission may authorize lot width and yard dimensions
other than those listed in article III of this ordinance. Lots may contain less than
minimum frontage and setbacks than otherwise required under article III for the
purposes of preserving and protecting documented features considered to be unique,
historic, scenic or environmentally sensitive. Areas within the town requiring such
designf lexibility include but are not limited to the following: areas listed by the state
1703
historical preservation and heritage commission: areas listed as unique natural areas by
the state department of environmental management: areas of prime agricultural soils
and viable farmland as listed and mapped by the USDA Soil Conservation Service: the
Scituate Reservoir: scenic areas as listed and mapped by the town and the state. In
addition land developments of a scale and complexity which due to their size have the
potential to have a negative impact upon the rural character of the town and the
implementation of the town comprehensive plan may be considered under this section.
A.
In no case shall the density of any proposed development project be
greater than the density which a conventional subdivision would yield.
The density of a proposal shall be
established by the number of units that a prudent and responsible configuration,
conforming to the standard dimensional criteria, would yield.
B.
Proposals that entail random or extensive alteration of wetlands for
building envelopments or roads and access will not be considered.
C.
The plan commission may recommend building envelopes for the location
of new residential constructions and to protect the aforementioned
cultural, environmental and scenic resources through the use of
conservation easements, where appropriate.
D.
It shall be the responsibility of the applicant/owner to provide the plan
commission with surveyed plans and engineering data which adequately
depict and define any and all features that may be considered unique or
sensitive in accordance with the standards and application procedures
promulgated by the plan commission.
E.
All proposals which are intended to utilize the provisions of this section
shall be in accordance with the Rural Design Manual, as adopted by the
plan commission.
F.
Any land within a land development project undertaken under this section
not designated a building lot shall be designated as permanent open
space. Such land shall either be conveyed to the town and be accepted
by the town for park land open space agricultural or other specified use or
uses or be conveyed to a nonprofit organization the principal purpose of
which is the conservation of open space or be conveyed to a corporation
or trust or to be owned by owners of a lot or units within the development
or owners of shares of a cooperation development. If such a corporation
or trust is used ownership shall pass with conveyances of the lots or
units. In any case where the land is not conveyed to the town a restriction
enforceable by the town shall be recorded providing that the land shall be
kept in the authorized condition(s) and not be built upon or developed for
accessory uses such as parking or a roadway.
(Ord. of 8-8-96(3))
Section 13. Multifamily/commercial site plan review and approval.
A.
Applicability. No application for permit to build, alter or expand any
multifamily/commercial building, structure or use of land where such construction
shall exceed a total gross floor area of five hundred (500) square feet or require
1704
changes or alterations to a parking area, shall be submitted to the building
inspector, until he or she shall have received from the plan commission a written
statement of site plan approval by the plan commission in accordance with
provisions of this section. The building inspector shall enforce the fulfillment of
any conditions which the plan commission may impose.
B.
Town council or zoning board of review referrals. When in accordance with article
II, the zoning board of review shall refer an application for a special use permit to
the plan commission for review and comment, the plan commission's written
report to the zoning board shall include, but not be limited to, all of the findings
and determinations the plan commission would make in reviewing a site plan
under this section the extent they are applicable to the information contained in
the application for special use permit. The site plan review undertaken as an
advisory opinion on referral from the town council or zoning board of review shall
constitute the site plan review for such project under this section.
C.
Grounds for site plan application approval or denial. The plan commission may
reject an application for site plan approval for the following reasons:
1.
Noncompliance with zoning ordinance.
2.
Incomplete application, including the application form, the accompanying
site plan maps and supporting documentation, or the application fee as
requested by the plan commission.
3.
Inability to impose reasonable conditions to mitigate adverse impacts in
those areas in which standards for review have been established.
4.
Inability to meet the standards of review.
D.
Standards for review. Site plan approval is designed to provide a balance
between landowner's rights to use his land with the corresponding rights of
abutters and neighboring landowners to live or operate businesses without undue
disturbance (e.g. noise, congestion, smoke, dust, odor, glare, storm water runoff,
etc.).
Additional objectives include the preservation of the natural resources of the town; the
creation of a better and safer living environment; and the enhancement of man-made
resources including the town's architectural and historic heritage; protection of the
Scituate Watershed and Reservoir.
The plan commission shall review site plans and shall issue site plan approval, including
appropriate revisions and mitigating conditions, if the plan commission determines, and
makes a written finding, that the following standards can be achieved:
1.
The town's natural resources shall be preserved to the maximum extend
possible.
2.
Erosion and sedimentation shall be controlled during and after
construction and shall not adversely effect adjacent or neighboring
property or public facilities or services. All erosion control shall meet the
standards of the town's erosion and sedimentation ordinance and the
Rhode Island Erosion and Sedimentation Control Manual.
3.
Increased runoff due to the development on the site shall not be injurious
to any downstream property owner or cause hazardous conditions on
1705
adjoining streets.
4.
Direct discharge of untreated storm water run-off to a wetland or
watercourse from impervious surfaces, including, but not limited to,
roadways, parking lots, driveways, basements, and roofs shall not be
allowed.
5.
The proposed development shall not result in pollution of ground or
surface waters, other than that anticipated under normal development
practices with adequate mitigating measures to prevent significant
impacts. All development storm water control shall meet the standards of
the Rhode Island Storm water Management Manual and be of
nonstructural character to the extent possible.
6.
The movement of vehicular and pedestrian traffic within the site in relation
to access streets shall be safe and convenient and adequate provision
shall be made for snow removal.
7.
Vehicular entrances and exits shall not be located within seventy-five (75)
feet of any street intersection, where possible.
8.
Traffic generated by the development shall not create significant
congestion on the adjoining and nearby street system.
9.
Adequate off-street parking and loading shall be provided to prevent on-
street traffic congestion; all parking spaces, maneuvering areas,
entrances and exits shall be suitably identified; the interior circulation
system shall be designed to provide safe and convenient access to all
structures, uses and/or parking spaces; parking areas shall be protected
with suitable bumper guards, guard rails, islands, crosswalks, speed
bumps, guard rails and similar devices when deemed necessary by the
plan commission to protect life and property; and provisions shall be
made for safe pedestrian movement within and adjacent to the property.
10.
Parking lots containing twenty (20) or more spaces shall be planted with
at least one tree per eight (8) spaces, no smaller than two-inch caliper,
each tree being surrounded by no less than forty (40) square feet of
permeable unpaved area. Trees required by the provisions of this section
shall be at least five (5) feet in height at the time of planting and shall be
of a species characterized by rapid growth and by suitability and
hardiness for location in a parking lot. To the extent practicable, existing
trees shall be retained and used to satisfy the provisions of this section.
11.
Within village areas parking areas shall be located only at the side or rear
of buildings unless sufficient evidence is presented to justify parking
within the front yard setback area.
12.
No development shall be allowed where there is unrestricted access to
the public streets or where the public street must be utilized to maneuver
in and out of a parking space.
13.
Buildings and the grounds adjoining them shall permit easy access and
operation of fire, police, and other emergency vehicles.
14.
Sensitive environmental land features such as steep slopes, wetlands
1706
and large outcroppings shall be preserved and protected.
15.
Existing trees and vegetation shall be preserved to the maximum extent
possible.
16.
Buffering elements in the form of architectural design and landscape
design that provide a logical transition to adjoining existing or permitted
uses shall be provided.
17.
Scenic views and historically significant features shall be preserved.
18.
Glare from the installation of outdoor lights and signs and from the
movement of vehicles on the site shall be shielded from the view of
adjacent properties in a residential zone.
19.
Abutting properties and town amenities shall not be degraded by undue
disturbances caused by excess or unreasonable noise, smoke, vapors,
fumes, dust, and odors.
20.
The design of the project, including buildings and landscape shall be
visually compatible with the character of the surrounding area, including
building materials, massing, scale, and building roof form.
21.
The design of the project and the site plan shall conform to the town's
comprehensive plan.
E.
Environmental assessment. The plan commission may require an applicant for
commercial site plan review for a project of significant size or impact to submit an
environmental assessment discussing the impacts of the project to the
community and alternative actions which may be taken and their affect. The need
for such environmental assessment shall be determined by the plan commission
in consultation with any agencies or commissions of the town it deems
appropriate.
F.
Site plan approval application filing. An applicant for commercial site plan
approval shall file with the plan commission copies of an application and a site
plan (four (4) sets), a filing fee as required by the plan commission. Concurrently,
the applicant shall file a copy of the application and site plan with the town clerk.
Such application and site plan shall include the elements on which the plan
commission is to make findings and determinations as provided in this section,
and shall also include information as to the nature and extent of the proposed
use of buildings, and such further information as the plan commission shall
reasonably require by rule or regulation. Applications for a building permit shall
not be filed prior to having received site plan approval under the provisions of this
by-law. In subsequent applications concerning the same subject matter, the plan
commission may waive the filing of plans and documents to the extent they
duplicate those previously filed.
G.
Relationship to subdivision regulations. Site plan approval issued hereunder by
the plan commission shall not be a substitute for compliance with the subdivision
and land development of the town as they may apply to an application submitted
hereunder. The plan commission, by granting site plan approval, is not obligated
to approve any plan nor reduce any time periods for the plan commission's
consideration under the Land Development and Subdivision Review Enabling
Act. In order to facilitate processing the plan commission may accept a combined
1707
plan and application which shall satisfy this section, the subdivision land
development regulations and the Land Development and Subdivision Review
Enabling Act.
H.
Referrals to town boards/commissions. The plan commission shall, within a
reasonable time of receipt of the site plan application, transmit copies of the
application and site plan to the following town committees, departments,
commissions, and boards for review and comment: conservation commissions;
public works department; fire chiefs and police chiefs. Other committees,
department and commissions may be requested to review site plan applications
and site plans if the plan commission feels such review will help in their
deliberations.
If the plan commission determines that the site plan application is not complete, it may
so advise the applicant to avoid delays to the applicant due to the anticipated
disapproval of an incomplete submission.
The conservation commission and other agencies designated by the plan commission
shall consider the same and submit a final report thereon with recommendations to the
plan commission. The conservation commission shall review the application with
particular reference to the Scituate Reservoir Watershed and shall recommend as to the
advisability of granting the site plan approval and as to the restrictions which should be
imposed upon the development as a condition of such permit.
The plan commission shall not make a finding and determination upon an application
until it has received the final report of the conservation commission and/or other
agencies designated by the plan commission thereon, or until forty-five (45) days shall
have elapsed since the transmittal of said copies of the application and site plan to the
conservation commission and other agencies designated by the plan commission
without such report being submitted. Failure of a commission or agency to report within
the allotted time shall be interpreted as a recommendation for approval of the submitted
site plan.
I.
Public hearing/final action/appeals. The plan commission may hold a public
hearing within a reasonable time after the filing of an application and site plan
and, except as hereinafter provided, shall take final action within forty (40) days
from the date of the public hearing. If the plan commission determines that the
project is of a minor nature that a public hearings is not necessary to be held on
the project, the plan commission shall take final action on the application within
forty (40) days from the date of the filing of a complete site plan review
application. Such final action shall consist of either:
1.
A finding that the development will be consistent with the standards for
review established in this section.
2.
A written denial of the application stating the reasons for such denial, and
which shall include a statement of the respect in which any elements in
the particular features of the proposal are deemed to be inconsistent with
the standards for review established in this section.
3.
A finding and determination, subject to such reasonable mitigating
conditions, modifications and restrictions set forth therein as the plan
commission may deem necessary to ensure that the proposed
development achieves consistency with the standards for review
1708
established in this section.
In the event the plan commission approves a site plan application under these
provisions, any construction, reconstruction, substantial exterior alteration, or addition
shall be carried out in conformity with any mitigating conditions, modifications and
restrictions, subject to which the board shall have made its findings and determination
and only in conformity with the application and site plan on the basis of which the
findings and determinations are made.
Minor changes to the approved site plan may be submitted to the building inspector for
approval, and if deemed insignificant or minor in nature or effect, may be approved by
him.
Any changes deemed to be significant or major by the building inspector shall be
resubmitted to the plan commission in the form of a new site plan. Any building,
reconstruction or expansion not approved by the building inspector or the plan
commission shall be ordered halted and fully removed.
The approval of a site plan application, or a modification or amendment thereof, shall
remain effective for a period of one (1) year only from the date of such approval (either
directly or by inaction) unless prior to the expiration of such one-year period, the
applicant makes substantial efforts to build in accordance with the approved site plan, or
unless, upon a written request from the applicant, the plan commission votes to extend
the time period for a period not to exceed one (1) additional year.
No permit, or any extension, modification, or renewal thereof issued pursuant to this
sections shall take effect until the town clerk certifies that twenty (20) days have elapsed
and no appeal has been filed, or that such appeal has been dismissed or denied.
J.
Site plan. Each application for site plan approval shall be accompanied by a site
plan in ten (10) copies, or such number as the plan commission may specify, of
the entire tract under consideration for development. The following information
shall be submitted on one (1) or more site maps and in writing where appropriate.
K.
General requirements. Date of site plan. All revisions shall be noted and dated.
Title of development, north arrow, scale, plat and lot number, name and address of
record owner, and name and address, license number and seal of person preparing the
site plan. If the owner of record is a corporation, the name and address of the president
and secretary shall be submitted with the application.
A scale of one" = 20', 1" = 40', or 1" = 80', whichever is appropriate to the size of the
proposal. All distances shall be in feet and decimals of a foot and all bearings shall be
given to nearest ten (10) seconds. The error of closure shall not exceed one (1) in ten
thousand (10,000).
The names of all owners of record of all abutting property and those within two hundred
(200) feet of the property line.
Zone boundaries shall be shown on the site plan as they affect the parcel. Adjacent zone
districts within three hundred (300) feet also shall be indicated. Such features shall be
shown on a separate map or as a keep map on the detail map itself.
Boundaries of the property lines and lines of streets, lot reservation, easement and
areas dedicated to public use, including grants, restrictions and rights-of-way.
1709
Key map showing the location of the tract with reference to surrounding areas and
existing street intersections.
All distances as measured along the right-of-way lines of existing streets abutting the
property to the nearest intersection with any other public street.
Existing contours with interval of two (2) feet where slopes are more than (3).
Where any changes in the contours are proposed, finished grades should be shown as
solid lines.
If any areas fall within the 100 year flood plain or a velocity (VE or V) zone as delineated
on the Flood Insurance Rate Maps, the area will be shown and base elevations shown.
Location of existing rock outcrops, general soil types, high points, vistas, watercourses,
depressions, ponds, marshes, wetlands, wooded areas and stands of major trees
(twelve-inch caliper or over), flood plain designations as shown on the Flood Insurance
Rate Maps for the town, and other significant existing features including previous flood
elevations of watercourses, pond, and marsh areas as determined by survey.
Location of existing buildings which shall remain and all other existing structures such as
walls, fences, culverts, bridges, roadways, etc., with spot elevations of such structures.
Structures to be removed shall be indicated in dashed lines.
All structures or significant changes in topography abutting property lines.
All calculations necessary to determine conformance to zoning regulations.
Acreage of tract to nearest tenth of an acre.
Place for signature of the chairman of the plan commission on all plans and/or
documents to be approved by the plan commission.
Such other information as may be required to show that the details of the site plan are in
accordance with applicable standards and the zoning ordinance.
L.
Building design and locations(s). The proposed uses of land and buildings and
proposed locations of buildings including proposed grades. Such features shall
be shown on a separate drawing where deemed appropriate by the building
inspector.
The location, housing type and density of land use to be allocated to parts of the site to
be developed.
The design of the proposed buildings or structures, including elevations, plans and
measurements as appropriate for easy interpretation.
The location, type, and screening details for all waste disposal containers shall be
shown.
Sketches as appropriate to indicate the visual impact on the surrounding area and the
general character of the community.
Location and design of all signs.
Height of buildings, including relationship to existing and proposed grades.
M.
Landscaping. A landscape plan showing all existing natural features, trees, forest
and water resources and proposed changes to these features, including size and
1710
type of plant material. Water resources will include ponds, lakes, brooks,
streams, wetlands, floodplains, and drainage retention areas.
N.
Utilities and drainage. Location of all existing storm drainage structures and utility
lines, whether publicly or privately owned, with pipe sizes, grades and direction of
flow, and if any existing utility lines are underground, the estimated location of
any said underground utility lines shall be shown. The location of all proposed
water lines, valves, or hydrants and means of water supply and wastewater
disposal and treatment in conformance with the applicable standards for the
appropriate utility.
The location of the ground water table in the vicinity of any proposed septic field.
Plans to prevent: the pollution of surface or groundwater, erosion of soil during and after
construction; excessive runoff; excessive rising and lowering of the water table; and the
flooding of other properties, as applicable.
The proposed location, height, direction of illumination, bulb type, power and time of
proposed outdoor lighting and methods to eliminate sky glare and glare onto adjoining
properties must be shown.
O.
Traffic and parking. All means of vehicular access for ingress and egress to and
from the site onto the public street showing the size and locations of driveways
and curb cuts, including the possible organization of traffic channels, acceleration
and deceleration lanes, additional width and any other device necessary to
prevent a difficult traffic situation.
The location and design of any off-street parking areas or loading areas showing the
size and location of bays, aisles, barriers and proposed plantings.
The total ground coverage by structures and impervious surfaces shall be identified and
measured.
All proposed streets and profiles indicating grading and cross sections showing width of
roadway and location and width of sidewalk according to the standards of the town.
P.
Preparation of site plan. A site plan shall be prepared by a licensed engineer,
landscape architect or architect for general locations except where waived by the
plan commission because of unusually simple circumstances.
Boundary survey information shall be signed and sealed by a licensed land surveyor.
For all elements of design, which shall include drainage, pavements, curbing, walkways,
embankments, horizontal and vertical geometrics, utilities and all pertinent structures,
drawings shall be signed by a licensed professional engineer.
Q.
Endorsement of site plan. After approval by the plan commission and subject to
the satisfaction of any conditions of approval, a mylar or line print of all approved
site plan maps shall be submitted for signature and filing; all information
appearing thereon shall be in black india ink.
R.
Application fee. As part of any application for site plan review, a fee of fifty dollars
($50.00) each one-half ( 1/2) acre shall be required. This fee is structured to
offset directly any expenses the town or plan commission incurs in the review of
the application.
(Ord. of 8-8-96(4))
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Section 14. Village overlay districts.
The two Village Overlay Districts are designated North Scituate Village Overlay
District and Hope Village Overlay District.
The purpose of the village overlay district ("district") is to encourage, guide and
direct development in the village to ensure that village character is maintained, that new
development is compatible with the existing scale and building fabric, that historic
structures are preserved, that architectural quality is maintained and that mixed village
uses continue to provide for health and growth of the district. The design and renovation
of buildings shall be reviewed and approved in accordance with the provisions of this
section.
14.1. Village review committee: A village review committee (VRC) is
established to carry out the purpose of each district. All development in a
district shall be reviewed and approved by its VRC in conformance with
this section. The VRC may provide assistance to property owners and the
Town of Scituate on historic preservation issues within the village,
compatible village design and site planning, and on related issues as it
deems appropriate; this includes the design of public improvements such
as street rehabilitation, paving, lighting, sidewalks, curbing and drainage.
A.
Powers and duties of the VRC. The VRC shall have the following
powers and duties:
1.
Review development in the village overlay district. The
VRC shall be authorized to review all building and
appurtenant improvements on public and private land in
the district including the construction, reconstruction,
alteration, repair, demolition, removal, rehabilitation of the
exterior of new and existing buildings and appurtenances
within the District which require building permits or other
approvals from the town. The plan commission shall
include the VRC in the site review process of any
application the commission receives under article IV,
section 13 (Multifamily/commercial site plan review and
approval), of this ordinance. Village overlay districts shall
be mapped on the official town zoning map.
2.
Grant waivers. After public hearing, the VRC may grant
waivers of design regulations promulgated pursuant to this
ordinance if such waivers carry out the purpose of the
district. Waivers may be permitted of regulations governing
design standards for projects including but not limited to
signs, new construction and reconstruction. Waivers shall
be recorded in the land evidence records.
3.
Adoption of rules. The VRC shall adopt and publish all
rules necessary to carry out its functions.
4.
Advise the town council, zoning board, and plan
commission. The VRC may advise the zoning board of
review on all requests for variances and special
exceptions, as provided in this ordinance. The VRC will
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also provide comments to the plan commission and the
town council on all proposed amendments to the
comprehensive
plan
and
all
subdivision
or
land
development reviews regarding each village overlay
district.
5.
Zoning enforcement. The VRC may assist the town in an
advisory capacity on zoning enforcement including
recommendations on zoning enforcement issues.
B.
Membership. A VRC shall consist of five (5) members and two (2)
alternates. Vacancies shall be posted and advertised. Members
shall be appointed by the town council as follows:
No fewer than three (3) members shall be Village residents in their
respective district. The remaining members may be either town
residents or property owners in the respective district.
The town council shall appoint one ex-officio nonvoting member
who may be a resident of the Town of Scituate and either a
registered Rhode Island architect or an individual with professional
training and expertise in architectural design, historic preservation,
or landscape design.
In appointing members to the committee, priority will be given to
district residents. The town council shall endeavor to maintain a
cross-section of the community, including homeowners, business
people, renters of property and citizens interested in maintaining
the character of the village and village life.
Appointees shall serve staggered two-year terms. Officers of the
Committee shall be elected at the first regular meeting each year.
C.
Conduct of business.
1.
Public hearing: The VRC shall hold a public hearing on any
request for a waiver, in accordance with article I of this
ordinance.
2.
Record: The VRC shall keep a record of all proceedings,
findings, decisions and actions and such record shall be
open to the public. Applicants who receive waivers shall
record them in the land evidence records.
D.
Procedures for design approval.
1.
Application.
VRC application forms are submitted to the town engineer,
prior to the filing of an application for a building permit, and
prior to the commencement of any building improvements
on public or private land, including the construction,
reconstruction, alteration, repair, demolition, removal and
rehabilitation of the front facade, exterior of new and
existing buildings, front yard appurtenances requiring a
building permit, or town engineering approvals (paving,
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curb cuts, parking areas, drainage) within the district.
Where appropriate, development plans shall also be
submitted to the town engineer.
The town engineer shall forward applications and plans, if
required, to the VRC and/or plan commission.
No building permit shall be issued before a project receives
a VRC design review. For projects that do not require a
building permit, such as construction of a parking area,
paving, curb cuts and drainage, the town engineer shall
refer the project to the plan commission if required by the
rules
and
regulations
governing
subdivision,
land
development, and zoning.
2.
VRC approval is not required for the following:
a.
Work to remedy damage or deterioration of a
structure or its appurtenances which involves no
change in the type of materials, dimensions,
design, configuration, texture or visual appearance.
b.
Exterior painting or staining of previously painted or
stained surfaces.
c.
The installation of public traffic signage.
d.
Public street improvements such as plant material,
street paving, curbing, drainage (North Scituate
Village only).
e.
Alterations to side or rear elevations of structures,
and facades not visible from a public way, except
commercial parking areas located in the side or
rear of any lot (North Scituate Village only).
f.
Home
landscaping
and
gardens,
business
enhancement plantings, production gardens and
plantings, nursery plantings.
3.
Review.
The VRC shall review all applications for new construction,
major additions, moving of structures and demolition as
described herein. Such review shall be held during a
regular meeting of the VRC open to the public.
A determination shall be made within thirty (30) business
days of receipt of a complete application. These time
periods may be extended by mutual agreement between
the applicant and the VRC. In the event that the VRC shall
make a written determination within the thirty (30) day
period that a particular application requires further time for
additional study and information, then the VRC shall have
a period of up to sixty (60) business days from the date of
acceptance of a complete application within which to act
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on such application. Nothing in this section shall be
construed to prevent the applicant and the VRC from
mutually agreeing on an extension beyond sixty (60) days.
4.
Failure to act. The failure of the VRC to act within thirty
(30) business days from the date of filing a complete
application shall be deemed to constitute approval, unless
the applicant and the VRC mutually agree to an extension.
5.
Determination. The VRC shall be authorized to approve,
approve with conditions, or reject an application. The VRC
shall make a record of reasons and/or conditions for
approval or rejection. All determinations shall be made in
writing. A copy of a VRC determination shall be filed with
the applicable building permit.
6.
Advice from other agencies. The VRC may request the
assistance of other agencies to review and comment on
proposals.
7.
Appeals.
A person or persons jointly or severally aggrieved by a
VRC determination shall have the right of appeal to the
Zoning Board of Review ("Board") within twenty (20) days
of the filing of the determination. Aggrieved parties have a
further right of appeal from the Zoning Board to the Rhode
Island Superior Court.
In hearing appeals from VRC decisions, the Board shall
not reverse a VRC decision except on a finding of
prejudicial procedural error or a lack of support by the
weight of the evidence on the record. The Board may, in its
sole discretion, request that an applicant provide additional
information. The Board shall file a written decision
explaining the basis of its decision on appeal, with the
applicant and the VRC. The filing fee and the filing
procedure for an appeal of a VRC determination shall be
the same as that for an appeal from the Plan Commission.
8.
Enforcement. This section shall be enforced in accordance
with article [I] of this ordinance.
14.2. General regulations:
A.
Use. Village Overlay District uses are set forth in Section II. of this
ordinance. Section II is a generalized listing of use categories
permitted in the Districts.
B.
Dimensional requirements. The dimensional requirements set
forth in article III shall govern all uses within the village district,
provided, however, that the minimum front yard and side yard
setbacks shall be no greater than the established historic building
line within the Village.
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C.
Existing signs. All signs which do not conform to this ordinance
shall be brought into conformance no later than seven (7) years
from date of passage of this section, not later than December 31,
2003.
14.3. Design regulations for existing buildings. All exterior work as
described herein on existing buildings in the district is subject to
approval by the VRC and shall be regulated by these standards
and the guidelines of the VRC. The purpose of these regulations
is to establish design standards to preserve the village character
of the district.
A.
These standards are intended to preserve the architectural
integrity and historic character of buildings in the district.
The existing scale and proportions of buildings and
streetscapes shall be preserved. The VRC shall review:
1.
The preservation, repair or replacement of building
features using the Secretary of Interior Standards
for Rehabilitation (36 CFR 671) as general
guidelines.
These standards and guidelines help define the
important character and features of the village and
provide common sense guidance on the best
means of preserving and enhancing the integrity of
these
features
in
rehabilitation
and
new
construction projects.
These standards and guidelines are not hard and
fast regulations. They are to be used as flexible
criteria. Their purpose is to provide assurance to
property owners and the residents and citizens of
each Village District that reviews will be based
upon clear design standards widely accepted by
federal, state, and local planning agencies rather
than
the
taste
or
preference
of
individual
commission members.
The following standards and guidelines will be
interpreted with flexibility depending upon the
historical character and architectural merit and
integrity of the building, structure, or appurtenances
under review, or the setting within the village.
a.
The distinguishing original qualities or
character
of
a
building,
structure,
appurtenance, or site and its environment or
setting shall not be destroyed. The removal
or alteration of any historic material or
distinctive, character-defining, architectural
features should be avoided when possible.
b.
All buildings, structures, appurtenances,
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and sites shall be recognized as products of
their own time. Alterations that have no
historical basis and which seek to create an
earlier appearance than that of the building,
structure, appurtenance or site and setting
shall be discouraged.
c.
Changes which may have taken place over
the course of time are evidence of the
history and development of the village, its
buildings, structures, appurtenances, sites
and environmental setting. These changes
may have acquired significance in their own
right and may be character-defining. This
significance
shall
be
recognized
and
respected.
d.
Distinctive stylistic features or examples of
skilled craftsmanship which characterize a
building, structure, appurtenance, site, or
setting shall be treated with sensitivity.
e.
Deteriorated architectural features shall be
identified and repaired rather than replaced,
wherever possible. In the event replacement
is necessary due to deterioration which
cannot be stabilized or reversed, the new
replacement material should match the
material being replaced in composition,
design, texture, and other physical and
visual qualities.
f.
Repair
and
replacement
of
missing
architectural features should be based upon
accurate
duplications
of
features,
substantiated by documentation or physical
evidence rather than upon conjectural
designs or the availability of differently
designed architectural elements from other
buildings or structures, architectural parts
warehouses, or reproduction catalogues.
g.
The surface cleaning of the wood and brick
structures within the village shall be
undertaken
with
the
gentlest
means
possible. Sandblasting and other cleaning
methods that will damage the building
materials shall not be undertaken.
h.
Every reasonable effort shall be made to
protect
and
preserve
archaeological
resources affected by or adjacent to any
project.
If
a
significant
archaeological
1717
resource must be disturbed, mitigation
measures shall be undertaken.
i.
Contemporary design for alterations and
additions to existing buildings shall not be
discouraged when such alterations and
additions
do
not
destroy
significant
historical, architectural, or cultural material
and such design is compatible with the size,
scale,
massing,
rhythm,
proportion,
material, and character-defining features of
the building, structure, appurtenance, site,
and environmental setting of the property
and the village. New additions or related
new construction shall provide a subtle
visual distinction between old and new so
that the original historic features of the
property may be distinguished from the new
construction. This distinction may be the
result of simplified detailing, wall set backs,
roof step downs, or other subtle visual
changes.
j.
Wherever possible, additions or alterations
to buildings, structures, or appurtenances
shall be designed and executed in such a
manner that if such additions or alterations
were to be removed in the future, the
essential form and the integrity of the
historic features of the property, its setting,
and environment would not be impaired.
2.
Storefronts. Existing structures which have been designed
for retail use on the first floor shall retain this design.
Existing structures which have been designed for
residential or institutional uses shall retain their residential
or institutional character although they may be allowed
under the zoning to have another use. Where such design
no longer exists but would be compatible with the
character of the building, rehabilitation shall be designed to
permit such character to be recaptured.
3.
The restoration or reconstruction of a building, which has
been altered through the years. The VRC should consider
pictorial, documentary or physical evidence of the original
configuration when reviewing applications.
4.
New additions, exterior alterations, or related new
construction using the Secretary of Interior Standards as
general guidelines.
5.
The design of all awnings to insure that the design is in
character with the building.
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6.
The lighting of building facades to insure that the fixtures
are small, shielded, and directed toward the building.
Electrical conduit and junction boxes shall be located so as
to minimize, or if possible, eliminate their visibility from the
public way.
7.
The installation of security devices to insure that they are
designed so as not to impact the historic quality of the
building.
14.4. Design regulations for new construction. All new construction requiring a
building permit or any form of town approval in the district shall be
reviewed by the VRC and shall be regulated by these standards and the
guidelines of the VRC. The purpose of these standards is to establish
design regulations to preserve the village fabric of the District and to
insure that new construction complements the historic character and the
architectural integrity of existing structures.
A.
Minimum standards. The following are minimum standards for all
new construction.
1.
Visual relationship of buildings and their design. Proposed
structures shall be related harmoniously to the streetscape,
terrain and to the existing buildings in the vicinity which
have a visual relationship to the proposed buildings.
Special attention shall be paid to the bulk, location and
height of building(s) and such natural features such as
slope, soil type and drainage ways.
a.
The design of the project, buildings, structures and
site layout, shall be visually compatible with the
character of each Village and the surrounding area,
including building materials, massing, scale, and
building roof line.
b.
A diversity of roof heights, gable orientations and
volumes in new buildings should be considered.
Flat
and
shallow-pitched
roofs
are
not
recommended. Instead new buildings should be
designed with traditional roof forms that are
compatible with the character of the town, including
gambrel,
gable
and
mansard
hipped
roofs
commonly found in established villages.
c.
Architectural elements such as dormers should be
in proportion with the overall building and should
also be in keeping with the surrounding building
context. Exaggerated or excessively large (or tiny)
architectural elements should be avoided. If used
properly, traditional and contemporary architectural
detailing can create variety, interest and texture on
new buildings and additions which is compatible
with the character of the area.
1719
d.
Traditional building materials such as shingles and
clapboards are preferred for the exterior skin of
additions and new construction. These materials
can be used to sheath fireproof construction
materials.
e.
Development
projects
should
reuse
existing
buildings of character whenever possible. Reuse
may take the form of additions to older buildings
rather than demolition. Demolition of listed historic
buildings
(i.e.,
RIHPHC
survey)
shall
be
discouraged.
f.
Large scale development should take the form of
village-like groupings of small scale buildings,
rather than a large individual structure or box set
back on a large expanse of asphalt parking. New
buildings should not be large, bulky masses, but
should be scaled down into groupings of smaller
attached or detached structures New buildings
should not exceed 2,000 square feet in footprint
between facade breaks or building lines. The use of
building hyphens or other architectural features
should be employed to scale-down building mass.
Adequate off-street parking and loading shall be
provided to prevent on-street traffic congestion. All
parking spaces, maneuvering areas, entrances and
exits shall be identified on the site plan. The interior
circulation system shall be designed to provide safe
and convenient access to all structures, uses
and/or parking spaces. Parking areas shall be
protected with suitable guards, rails, islands,
crosswalks, speed bumps, and similar devices as
deemed necessary by the VRC.
2.
Parking lots. Parking lots shall be located to one side or
behind commercial buildings, particularly along Main
Street, North Road, Danielson Pike, Hartford Pike and Rt.
116 or other heavily traveled roads within the villages.
a.
Whenever possible, parking lots on adjoining
commercial lots shall be connected internally to
each other to allow for through traffic between and
reducing the need for multiple curb cuts.
b.
Parking lots containing ten (10) or more spaces
shall be planted with at least one tree per three (3)
spaces, no smaller than two (2) inches caliper,
each tree being surrounded by no less than forty
(40) square feet of permeable unpaved area. Trees
required by these provisions shall be at least five
(5) feet in height at the time of planting and shall be
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of a species characterized by hardiness within the
area.
c.
Small-scaled interior streets, alleyways, pedestrian
paths, pocket public spaces and bikeways shall be
encouraged
within
the
village for
additional
circulation which is not auto-dependent. Such
interior circulation shall link to an overall system
envisioned in the adopted village plan.
d.
The design of the project's circulation systems shall
relate to planned improvements in the area,
including future street widening, realignments, or
paving programs which have been planned or
scheduled for construction.
e.
The design should be congruent with any proposed
area master plan, commercial master plan, village
plan or mixed-use area plan adopted by the town
for the village.
3.
Landscape. The landscape shall be preserved in its natural
state insofar as practicable by minimizing tree removal,
disturbance of the soil and retaining existing vegetation
during and after construction. After construction is
completed, landscaping shall be installed according to the
landscaping design shown on the site plan that will define,
soften or screen the appearance of the off-road parking
areas from the public right-of-way and abutting properties
and/or structures in order to enhance the design or
building(s) or site, and to minimize the encroachment of
the proposed use on neighboring land uses.
a.
Existing trees and vegetation shall be preserved to
the maximum extent possible.
b.
Buffering elements in the form of architectural
design and landscape design that provide a logical
transition to adjoining existing or permitted uses
shall be provided.
c.
Scenic views and historically significant landscape
features, such as stone walls, picket fences and
metal fences, shall be preserved whenever
possible.
d.
The planting of large deciduous "street trees" along
the roadside to help shade and enclosed the
highway shall be encouraged.
e.
New landscaping shall use plant material of species
hardy to the area.
4.
Special features of the development. Exposed storage
areas, exposed machinery installation, service areas, truck
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loading areas, utility buildings and similar structures shall
have sufficient setbacks and screening to provide an
audio-visual buffer sufficient to minimize their adverse
impact on other land uses within the development area
and surrounding properties.
5.
Exterior lighting. All exterior lighting shall be designed to
minimize impact on neighboring properties. Night sky
pollution shall be minimized by down-shaded lighting or
shielded lighting. All lighting shall be based upon a
pedestrian scale appropriate for a village setting.
6.
Unique village areas and features. There must not be any
undue adverse affect on the scenic or natural beauty of the
village, inherent small-scale village aesthetics and features
such as village laneways, the mill dam, historic raceway,
stone walls, picket fences, historic metal fences, front
yards, alleyways, historic sites, or rare and irreplaceable
natural features, including significant trees, street tree
canopy, pocket gardens and village cemeteries.
7.
Capacity. In the case of significant projects having a
substantial impact upon the village, the VRC may require
an improvement guarantee be provided by the applicant
ensuring that the project will be completed in accordance
with the approved plans and any conditions imposed by
the VRC.
14.5. Demolition. In order to preserve the village fabric of the district, no
building shall be demolished until the VRC has reviewed the application
to demolish the building.
A.
Review of application. In reviewing an application for demolition,
the VRC shall consider the architectural quality of the existing
building, regardless of condition; the historic value of the building;
the feasibility of renovating and reusing the existing building; and
the quality of the demolition site re-landscaping or replacement
building to be constructed if demolition is approved.
B.
Demolition permit. To obtain a demolition permit, an applicant
must demonstrate to the satisfaction of the VRC that the applicant
has adequate financial ability to demolish the existing structure
and re-landscape the demolition site or construct a new approved
building on the demolition site. The Building Official shall require a
performance guarantee to ensure that all work approved in the
grant of demolition is satisfactorily completed. Any change in
plans will require a new application to the VRC.
(Ord. of 1-8-04)
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Supp. No. 14
1723
Section 15. Accessory family dwelling units.
A.
Purpose: To provide for orderly land use and to maintain the character within the
town, the zoning board of review may grant special use permits for accessory
family dwelling units (so-called in-law apartments) as defined in article IX, that
comply with the stipulations and requirements herein.
B.
No alteration, remodeling, construction, etc. for provisions of an accessory family
dwelling unit (A.F.D.U.) shall commence and no building permit shall be applied
for or issued for an A.F.D.U. prior to the zoning board of review granting a special
use permit for said unit.
C.
The primary structure containing an accessory family dwelling unit shall retain the
appearance of a single-family dwelling with no major structural alterations to the
exterior. The A.F.D.U. shall have no additional external entrance that faces a
street. For A.F.D.U.s that are granted permission in new construction, the entire
structure must contain a common foundation and common roof; the apartment
unit shall be connected to the principal use area by enclosed living space.
C.1.
A "Common foundation" shall mean the walls serving as structural
support for the building, extending a minimum of three (3) feet [inches]--
four (4) inches below grade.
C.2.
A "Common roof" shall mean the flat slab or sloped deck of a structure for
covering the building, including the supporting members, but excluding
the vertical (wall) supports, except for the following. Where adjacent roof
sections do not have common peaks or ridges, the maximum vertical
separation shall not exceed twelve (12) feet.
D.
The maximum total floor space of A.F.D.U. shall be six hundred (600) square feet
gross floor area. The A.F.D.U. shall have no more than one (1) bedroom. There
shall be no more than one (1) accessory family dwelling unit permitted in a
single-family structure.
E.
Approved ISDS (septic system), common utilities, including water service, and
electric service (one (1) meter) shall be provided, with the exception of
telephones and television hook-ups.
F.
Applicants shall submit plans of the A.F.D.U. to the zoning board of review, which
the board shall date and keep on file.
G.
The sale of the principal dwelling which contains an A.F.D.U. shall automatically
cause the special use permit to become void, absent of a new special use permit
from the zoning board of review. Transfer by inheritance, surviving joint tenancy
or gift to a member of the immediate family (i.e., issue of the occupant of the
A.F.D.U.) shall not void the special use permit unless the zoning board of review
shall have so stipulated in its decision granting the permit. Nothing in this section
shall limit the powers of the zoning board of review to impose additional
conditions, including more restrictive conditions, concerning the effect of transfer
of ownership.
(Ord. of 4-23-98(4); Ord. of 9-9-99(2))
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ARTICLE V. OFFSTREET PARKING
REQUIREMENTS
Any structure or use, erected or developed after the date of passage of this
ordinance, must provide offstreet parking facilities in accordance with the following
regulations:
Dwellings and motels--One (1) car space for each unit or suite
Hotels and lodging houses--One (1) car space for every two (2) suites or
rooms
Office uses--One (1) car space for every two hundred fifty (250) square
feet of floor area
Retail and service business--One (1) car space for every ninety (90) sq.
ft. of floor space devoted to sales plus one (1) car space for every two (2)
employees
Restaurants, theatres, churches and other places of public assembly--
One (1) car space for every five (5) seats or for every five (5) persons of
capacity
Industrial and wholesale uses--Two (2) car spaces for every three (3)
employees
All other uses--One (1) car space for every two hundred fifty (250) sq. ft.
of floor area
Plans and specifications for the required parking facility and its access drives
shall be submitted at the time of application for the zoning certificate for the main use. In
allocating space for offstreet parking facilities, each car space shall have a minimum
width of eight and one-half (8 1/2) feet and minimum length of eighteen (18) feet and
shall be served by suitable aisles to permit access to all car spaces. In no case shall the
gross area of the facility be less than two hundred seventy (270) square feet per car
space.
All parking facilities, provided under this section must be constructed on or
adjacent to the side of the main use. Offstreet parking lots of more than two (2) motor
vehicle capacity shall conform to the following standards of construction:
(1)
The area shall have a dust free hard surface and shall be provided with
bumper guards where needed.
(2)
Where such area adjoins or lies within a residential district, an opaque
fence not less than four (4) feet nor more than six (6) feet in height or a
compact evergreen screen not less than four (4) feet in height shall be
erected and maintained between such area and the adjoining residential
district.
(3)
Lighting fixtures used to illuminate the parking area shall reflect away
from adjoining property and away from adjacent traffic arteries.
In any residence district, the parking or storage of commercial vehicles of over
one and five tenths (1.5) tons capacity and of commercial or house trailers shall not be
permitted, except where such parking or storage is directly related to and is accessory to
a permitted use or legal nonconforming use.
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ARTICLE VI. OFFSTREET LOADING
REQUIREMENTS
All commercial and industrial structures erected subsequent to the adoption of
this ordinance shall provide offstreet loading facilities. Plans and specifications for such
loading facilities shall be submitted to the zoning inspector at the time of application for
the zoning certificate for the main use. Where a loading facility is to be located in or
abutting a residential district, the restrictions contained in article V concerning surfacing,
screening and lighting shall apply. Such a loading facility shall be sufficient in size to
eliminate the projection of vehicles into a street right-of-way.
ARTICLE VII. SIGN REGULATIONS
Before any sign is put in place a certificate must be obtained from the building
inspector's office of the town under article I, section 5B. A scale drawing of a sign and its
fixtures shall be submitted to the building inspector before a certificate is issued. Signs
proposed within a village overlay district first must be submitted to the village overlay
district review committee.
PROHIBITIONS AND RESTRICTIONS
These regulations apply to all zoning districts.
A.
No sign shall be placed or located upon any sidewalk nor shall any sign
project over the sidewalk or over any right of way.
B.
No colored lighted, no neon lighted, or no flashing lighted sign shall be
permitted.
C.
No animated sign illuminated by flashing or intermittent lighting shall be
permitted.
D.
All signs shall be fixed. No rotating or otherwise moving signs shall be
permitted.
E.
No off-site signs or directional signs shall be permitted except signs
erected by the town, the state or the United States government indicating
the route to major public facilities, shopping areas and the like. Off-site
sign shall mean a sign located on property other than where goods and
services are sold.
F.
Billboards are not permitted.
G.
Any sign is subject to review by the traffic safety commission.
Section 1. Residence districts (RR-120, RRW-60/80, RS-120, RSW-60/80).
Permitted signs:
A.
One (1) sign, no greater than five (5) square feet in area, displaying the
name and address of the occupant or identifying a permitted use or
accessory use.
B.
An announcement board no greater than twelve (12) square feet in area
for a church, school or other public use by special use permits only.
1726
C.
One (1) sign no greater than twenty (20) square feet in area identifying a
lawfully maintained nonconforming or special use.
D.
One (1) temporary sign (six (6) months renewable) no greater than twelve
(12) square feet in area advertising the sale or lease of the premises.
Location of signs: A sign shall be placed within the lot and no closer than five (5)
feet to any lot line and may be subject to the approval of the traffic safety commission.
Lighting of signs: Signs may be lighted only by an external, continuous
incandescent white light, downward shielded and of no more than a maximum of twenty
(20) footcandles at surface.
(Ord. of 4-23-98(5))
Section 2. Business and manufacturing districts (BL, BG, M).
Permitted signs:
A.
Those permitted in residence zones.
B.
Business signs for permitted uses. In no case shall more than one (1)
freestanding sign or one (1) roof sign be used, or one (1) mounted (to the
building) sign for each building regardless of the number of businesses at
the location and no sign shall exceed forty (40) square feet in area. In
addition, each business may have a sign attached to the building, not
greater than six (6) square feet, displaying the name of the business and,
where there are multiple businesses, all of these signs shall be uniform in
size, shape and lettering. Any change from the above may be granted as
a special use permit, if such approval is secured from the zoning board of
review under article I, section 6C.
C.
Where a building has multiple street frontages, they are allowed one (1)
wall sign for each wall frontage on a street or a parking area. No sign
shall exceed forty (40) square feet.
Location of signs:
A.
No sign shall project more than fifteen (15) feet above average grade
level or no higher than the roofline (ridge) of a building whichever is less.
B.
Freestanding signs shall either provide an open and unobstructed space
of at least six (6) feet from the grade to the bottom of the sign or be no
greater than five (5) feet in height from grade and no larger than fifteen
(15) square feet in size.
C.
No sign shall be located within five (5) feet of a residence district
boundary.
D.
A sign shall be placed within the boundaries of a lot and no closer than
one (1) foot to any lot line and may be subject to approval of the traffic
safety commission.
E.
Any freestanding sign less than twenty (20) feet from the pavement and
within fifty (50) feet of a street intersection shall be reviewed from the
traffic safety commission.
1727
Lighting of signs:
A.
Signs may be lighted by:
1.
External continuous incandescent or fluorescent white light
downward shielded no more than twenty (20) footcandles at
surface.
2.
Internal continuous incandescent or fluorescent white light have
no more than fifteen (15) footcandles at surface.
B.
All lighting shall be oriented that the light is directed away from all
adjacent properties and traffic arteries.
C.
Lighting for all signs is subject to review and revision by the traffic safety
commission to prevent the lighting from causing a traffic safety hazard.
(Ord. of 4-23-98(5))
Section 3. Portable signs.
These regulations apply to all zoning districts.
A.
Portable signs are defined as signs, which are not either permanently,
affixed to the roof of a building or permanently affixed to a signpost or
standard, which is permanently fixed in the ground.
B.
In order to protect and preserve the aesthetic environment of the town,
the only portable sign that is permitted shall be a sandwich board (two-
sided, triangular shape) unlighted sign that stands no more than twenty-
four (24) inches wide and forty-eight (48) inches maximum height, and no
more than sixteen (16) square feet total (both sides).
C.
Sandwich board signs shall be displayed only during the hours of
business operation.
(Ord. of 4-23-98(5))
Section 4. Changeable copy signs limited.
These regulations apply to all zoning districts.
Changeable copy signs may only be permitted as a special use permit by the
zoning board of review.
(Ord. of 4-23-98(5))
Section 5. Traffic control signs permitted.
These regulations apply to all zoning districts.
All signs specified in the "Manual on Uniform Traffic Control Devices for Streets
and Highways" by the U.S. Department of Transportation, Federal Highway
Administration, as amended are permitted.
(Ord. of 4-23-98(5))
1728
Section 6. Village overlay districts (RR-120, RRW-60/80, RS-120, RSW-
60/80,BL,BG,M).
Sign regulations:
Purpose: Sign regulations are to preserve and enhance the visual, traditional and
historic character of the village overlay districts.
Since the village overlay districts are of mixed use, signs of similar design are
appropriate to maintain harmony and aesthetic character in the district.
Excessive signage is discouraged on all properties.
General provisions: Application and plans for any sign proposed for the village
overlay districts shall be first submitted to the town engineer and then forwarded to the
village review committee for processing.
Any sign erected without a certificate will be ordered to be removed at the
owner's expense within seventy-two (72) hours of written notification by the zoning
inspector.
Permitted sign: Only the following signs will be permitted within the district:
1.
For cottage industry or residential use, one (1) sign no greater than (5)
five square feet in area.
2.
For church, school or other public use, an announcement board no
greater than twelve (12) square feet by special use permit only.
3.
For advertising the sale or lease of premise one (1) temporary sign (six
(6) months renewable) no greater than six (6) square feet.
4.
For business, limited business, manufacturing, lawfully maintained
nonconforming use and special use will be limited:
A.
Thirty-two (32) square feet aggregate per property, regardless of
the number of business. This includes one (1) freestanding sign,
not to exceed (6) six square feet, which identifies a village
business property.
B.
Where there are multiple businesses on one (1) location, all of
these signs shall be uniform in size, shape and lettering.
Guidelines are available for design suggestions.
Location of signs:
A.
A sign shall be placed within the lot and no closer than (5) five feet to any
side lot line.
B.
Any freestanding sign less than (5) five feet from the pavement and within
(50) fifty feet of a street intersection shall be subject to approval of the
traffic safety commission.
C.
No sign shall project more than fifteen (15) feet above average grade
level or no higher than the roofline (ridge) of a building whichever is less.
D.
For all freestanding signs there shall be an open and unobstructed space
of at least six (6) feet from the grade to the bottom of the sign, or no
1729
higher than five (5) feet from the grade to the top of sign and no larger
than six (6) square feet in size.
Lighting of signs:
A.
Signs shall be lighted only by an external, continuous white light,
downward shielded and of no more than a maximum of (5) five
footcandles at the surface.
B.
All lighting shall be oriented that the light is directed away from all
adjacent properties and traffic arteries.
C.
Lighting for all signs may be subject to review and revision by the traffic
safety commission to prevent the lighting from causing a traffic safety
hazard.
(Ord. of 4-23-98(5))
ARTICLE VIII. RESIDENTIAL COMPOUND DEVELOPMENT
Section 1. Purpose.
In order to provide for the private conservation of underdeveloped or fragile
natural resource areas and to provide open space preservation by permitting limited
residential building on such tracts of land, the zoning board of review may grant a
special exception for a residential compound development.
Section 2. Eligibility.
Only property which has been continuously in the same ownership for a period of
at least five (5) years shall be eligible for residential compound development. For
purposes of this article, continuous ownership shall include the period during which
parties own property as joint tenants or as tenants-by-the-entirety and the period during
which the surviving joint tenant or tenant-by-the-entirety continues to own the property
either in his or her own name as a joint tenant or tenant-by-the-entirety with another; the
period during which a decedent has owned the property together with the time when his
or her devisees or heirs-at-law shall own the property after the death of the decedent.
Also, only property which is an existing, conforming lot or a preexisting,
nonconforming lot of record shall be eligible for development under the section.
(Ord. of 8-8-96(5))
Section 3. General.
A.
Residential compound development shall be a two-step process:
Step 1 shall be to obtain a special exception from the zoning board of review.
The decision of the zoning board of review shall specify the number of
houses to be permitted in the development.
Step 2 shall be, if a special exception has been granted, to obtain approval by
the plan commission, in accordance with its rules and regulations, of the
plan, including location of house lots; location of open space areas;
1730
location and standards for the common right-of-way; ownership and use
limitations on open space areas; protection of natural resources and
natural features.
Section 4. Use limitations and dimensional requirements.
A.
A compound shall include not more than three (3) single-family dwelling units
having frontage in common on a public road and sharing a private access road
held in common.
B.
Restrictive covenants shall prohibit further division of land within the compound.
C.
The only permitted use shall be single-family residential and uses customarily
accessory to residences, except that no apartments or so-called in-law
apartments shall be permitted.
D.
The number of dwelling houses (not to exceed three (3) in any event) which can
be placed on a tract in a compound development shall be determined by taking
the total area of the tract, subtracting the area of any wetlands and/or water
bodies and dividing the result by two hundred fifty thousand (250,000) and
rounding off to the lowest whole number.
Example:
area
900,000 sq.ft.
LESS wetlands
100,000
800,000
DIVIDED BY 250,000
=3
Example:
area
600,000 sq. ft.
Example:
area
900,000 sq. ft.
LESS pond
20,000
580,000
DIVIDED BY 250,000 (rounded down)
=2
Example:
area
1,200,000 sq. ft.
LESS wetlands
40,000
1,160,000
DIVIDED BY 250,000 (rounded down)
=4
Maxiumum
=3
E. The minimum dimensions for lots within the compound shall be:
Mimimum lot size
120,000 sq. ft. (1)
Minimum lot width (on right of way) (2)
300 ft.
Minimum front yard depth
50 ft.
Minimum side yard depth
35 ft.
Minimum rear yard depth
60 ft.
Maximum building coverage
15%
Maximum building height
30 ft.
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(1)
Note: The difference between the square feet (two hundred fifty thousand
(250,000)) used in the formula for figuring maximum number of dwellings,
as set forth in section D, and the minimum lot size (one hundred twenty
thousand (120,000) sq. ft.) set forth in this article is intentional.
(2)
The minimum frontage of the entire compound on a public highway shall
be at least fifty (50) feet in order to allow a common right-of-way. The plan
commission shall specify the construction requirements for the common
right-of-way and they shall be such as to permit access by public safety
vehicles and equipment (police, fire, rescue, ambulance, etc.).
F.
Land in excess of that required to meet minimum lot size requirements and for
the common right-of-way shall subject to the approval of the plan commission
and the rules and regulations of the plan commission, either:
(1)
Be allocated to the lots within the compound, in which case there shall be
no commonly owned land other than the common right-of-way, [or]
(2)
Be devoted to common open space, or
(3)
Be allocated in part to lots within the compound and in part to common
open space, or
(4)
Be allocated in whole or in part to public use.
G.
In allocating excess land to specific lots, lot sizes need not be equal so long as
each lot complies with the minimum dimensions set forth in section E.
H.
No town services shall be provided in maintenance or plowing of the common
right-of-way; nor shall any school buses be required or permitted to travel on the
common right-of-way; nor shall rubbish or garbage pick up be made on the
common right-of-way; nor shall any street lighting be provided on the common
right-of-way.
I.
Driveways for access to the proposed houses shall conform to the following:
1.
A minimum length of fifty (50) feet, from the existing town road, shall be
constructed with bituminous pavement, in accordance with the rules and
regulations adopted by the plan commission.
(Ord. of 8-8-96(5); Ord. of 4-23-98(5))
Section 5. Lapse of special exception for non-use.
Within six (6) months after the granting of a special exception for a residential
compound development the applicant shall file an application for approval with the plan
commission in accordance with its rules and regulations.
ARTICLE IX. DEFINITIONS
Where words or terms used in this ordinance are defined in section 45-22.2-4 [of
the General Laws], (the definitions sections of the "Rhode Island Comprehensive
Planning and Land Use Regulation Act") they shall have the meanings stated therein. In
addition, the following words shall have the following meanings:
1732
(1)
Abutter. One whose property abuts, that is, adjoins at a border, boundary
or point with no intervening land.
(2)
Accessory family dwelling unit. An accessory dwelling unit for the sole
use of one (1) or more members of the family of the occupant or
occupants of the principal residence, but not needing to have a separate
means of ingress and egress.
(3)
Accessory use. A use of land or of a building, or portion thereof,
customarily incidental and subordinate to the principal use of the land or
building. An accessory use may be restricted to the same lot as the
principal use. An accessory use shall not be permitted without the
principal use to which it is related.
(4)
Aggrieved party. An aggrieved party, for purposes of this chapter, shall
be:
(a)
Any person or persons or entity or entities who can demonstrate
that their property will be injured by a decision of any officer or
agency responsible for administering the zoning ordinance of the
town; or
(b)
Anyone requiring notice pursuant to this chapter.
(5)
Agricultural land. "Agricultural land," as defined in section 45-22.2-4 of the
General Laws.
(6)
Airport hazard area. "Airport hazard area," as defined in section 1-3-2 of
the General Laws.
(7)
Applicant. An owner or authorized agent of the owner submitting an
application or appealing an action of any official, board or agency.
(8)
Application. The completed form or forms and all accompanying
documents, exhibits and fees required of an applicant by an approving
authority for development review, approval or permitting purposes.
(9)
Buffer. Land which is maintained in either a natural or landscaped state,
and is used to screen and/or mitigate the impacts of development on
surrounding areas, properties or rights-of-way.
(10)
Building. Any structure used or intended for supporting or sheltering any
use or occupancy.
(11)
Building envelope. The three-dimensional space within which a structure
is permitted to be built on a lot and which is defined by regulations
governing building setbacks, maximum height and bulk; by other
regulations; and/or any combination thereof.
(12)
Building height. The vertical distance from grade, as determined by the
municipality, to the top of the highest point of the roof or structure. The
distance may exclude spires, chimneys, flag poles and the like.
(13)
Cluster. A site planning technique that concentrates buildings in specific
areas on the site to allow the remaining land to be used for recreation,
common open space, and/or preservation of environmentally, historically,
culturally or other sensitive features and/or structures. The techniques
1733
used to concentrate buildings shall be specified in the ordinance and may
include, but are not limited to, reduction in lot areas, setback
requirements, and/or bulk requirements, with the resultant open land
being devoted by deed restrictions for one (1) or more uses. Under
cluster development there is no increase in the number of lots that would
be permitted under conventional development, except where ordinance
provisions include incentive bonuses for certain types or conditions of
development.
(14)
Common ownership. Either:
(1)
Ownership by one (1) or more individuals or entities in any form of
ownership of two (2) or more contiguous lots; or
(2)
Ownership by any association (such ownership may also include a
municipality) of one (1) or more lots under specific development
techniques.
(15)
Community residence. A home or residential facility where children and/or
adults reside in a family setting and may or may not receive supervised
care. This shall not include halfway houses or substance abuse treatment
facilities. This shall include, but not be limited to, the following:
(a)
Whenever six (6) or fewer retarded children or adults reside in any
type of residence in the community, as licensed by the state
pursuant to chapter 24 of title 40.1 of the General Laws. All
requirements pertaining to local zoning are waived for these
community residences;
(b)
A group home providing care or supervision, or both, to not more
than eight (8) mentally disabled or mentally handicapped or
physically handicapped person, and licensed by the state
pursuant to chapter 24 of title 40.1 of the General Laws.
(c)
A residence for children providing care or supervision, or both, to
not more than eight (8) children, including those of the caregiver
and licensed by the state pursuant to chapter 72.1 of title 42 of the
General Laws.
(d)
A community transitional residence providing care or assistance,
or both, to no more than six (6) unrelated persons or no more than
three (3) families, not to exceed a total of eight (8) persons,
requiring temporary financial assistance, and/or to persons who
are victims of crimes, abuse or neglect, and who are expected to
reside in that residence not less than sixty (60) days nor more
than two (2) years. Residents will have access to and use of all
common areas, including eating areas and living rooms, and will
receive appropriate social services for the purpose of fostering
independence, self-sufficiency, and eventual transition to a
permanent living situation.
(16)
Comprehensive plan. The comprehensive plan adopted and approved
pursuant to [title 45], chapter 22.2 of the General Laws and to which any
zoning adopted pursuant to such chapter shall be in compliance.
1734
(17)
Day care-Day care center. Any other day care center which is not a family
day care home.
(18)
Day care-Family day care home. Any home other than the individual's
home in which day care in lieu of parental care or supervision is offered at
the same time to six (6) or less individuals who are not relatives of the
caregiver, but may not contain more than a total of eight (8) individuals
receiving day care.
(19)
Density, residential. The number of dwelling units per unit of land.
(20)
Development. The construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any structure; any mining,
excavation, landfill or land disturbance; any change in use, or alteration or
extension of the use, of land.
(21)
Development plan review. The process whereby authorized local officials
review the site plans, maps and other documentation of a development to
determine the compliance with the stated purposes and standards of the
ordinance.
(22)
District. See "zoning use district."
(23)
Drainage system. A system for the removal of water from land by drains,
grading or other appropriate means. These techniques may include runoff
controls to minimize erosion and sedimentation during and after
construction or development, the means for preserving surface and
groundwaters, and the prevention and/or alleviation of flooding.
(24)
Dwelling unit. A structure or portion thereof providing complete,
independent living facilities for one (1) or more persons, including
permanent provisions for living, sleeping, eating, cooking and sanitation,
and containing a separate means of ingress and egress.
(25)
Extractive industry. The extraction of minerals, including: solids, such as
coal and ores; liquids, such as crude petroleum; and gases, such as
natural gases. The term also includes quarrying; well operation; milling,
such as crushing, screening, washing and flotation; and other preparation
customarily done at the extraction site or as a part of the extractive
activity.
(26)
Family. A person or persons related by blood, marriage or other legal
means. See also "Household."
(27)
Floating zone. An unmapped zoning district adopted within the ordinance
which is established on the zoning map only when an application for
development, meeting the zone requirements, is approved.
(28)
Floodplains, or flood hazard area. As defined in section 45-22.2-4 of the
General Laws.
(29)
Groundwater. "Groundwater" and associated terms, as defined in section
46-13.1-3 of the General Laws.
(30)
halfway houses. A residential facility for adults or children who have been
institutionalized for criminal conduct and who require a group setting to
1735
facilitate the transition to a functional member of society.
(31)
Hardship. See section 45-24-41 of the General Laws.
(32)
Historic district, or historic site. As defined in section 45-22.2-4 of the
General Laws.
(33)
Home occupation. Any activity customarily carried out for gain by a
resident, conducted as an accessory use in the resident's dwelling unit.
(34)
Household. One (1) or more persons living together in a single dwelling
unit, with common access to, and common use of, all living and eating
areas and all areas and facilities for the preparation and storage of food
within the dwelling unit. The term "household unit" shall be synonymous
with the term "dwelling unit" for determining the number of such units
allowed within any structure on any lot in a zoning district. An individual
household shall consist of any one of the following:
(a)
A family, which may also include servants and employees living
with the family; or
(b)
A person or group of unrelated persons living together. The
maximum number may be set by local ordinance, but this
maximum shall not be less than three (3).
(35)
Incentive zoning. The process whereby the local authority may grant
additional development capacity in exchange for the developer's provision
of a public benefit or amenity as specified in local ordinances.
(36)
Infrastructure. Facilities and services needed to sustain residential,
commercial, industrial, institutional and other activities.
(37)
Land development project. A project in which one (1) or more lots, tracts
or parcels of land are to be developed or redeveloped as a coordinated
site for a complex of uses, units or structures, including, but not limited to,
planned development and/or cluster development for residential,
commercial, institutional, recreational, open space and/or mixed uses as
may be provided for in the zoning ordinance.
(38)
Lot. Either:
(1)
The basic development unit for determination of lot area, depth
and other dimensional regulations; or
(2)
A parcel of land whose boundaries have been established by
some legal instrument such as a recorded deed or recorded map
and which is recognized as a separate legal entity for purposes of
transfer of title.
(39)
Lot area. The total area within the boundaries of a lot, excluding any
street right-of-way, usually reported in acres or square feet.
(40)
Lot building coverage. That portion of the lot that is or may be covered by
buildings and accessory buildings.
(41)
Lot depth. The distance measured from the front lot line to the rear lot
line. For lots where the front and rear lot lines are not parallel, the lot
1736
depth is an average of the depth.
(42)
Lot frontage. That portion of a lot abutting a street. Frontage must be
contiguous to be considered with regard to minimum frontage
requirements.
(43)
Lot line. A line of record, bounding a lot, which divides one (1) lot from
another lot or from a public or private street or any other public or private
space and shall include:
(a)
Front: The lot line separating a lot from a street right-of-way. A
zoning ordinance shall specify the method to be used to determine
the front lot line on lots fronting on more than one (1) street, for
example, corner and through lots;
(b)
Rear: The lot line opposite and most distant from the front lot line,
or in the case of triangular or otherwise irregularly shaped lots, an
assumed line at least ten (10) feet in length entirely within the lot,
parallel to and at a maximum distance from the front lot line; and
(c)
Side: Any lot line other than a front or rear lot line. On a corner lot,
a side lot line may be a street lot line, depending on requirements
of the local zoning ordinance.
(44)
Lot, through. A lot which fronts upon two (2) parallel streets, or which
fronts upon two (2) streets which do not intersect at the boundaries of the
lot.
(45)
Lot width. The horizontal distance between the side lines of a lot
measured at right angles to its depth along a straight line parallel to the
front lot line at the minimum front setback line.
(46)
Mere inconvenience. See section 45-24-41 of the General Laws.
(47)
Mixed use. A mixture of land uses within a single development, building
or tract.
(48)
Modification. Permission granted and administered by the zoning
enforcement officer of the town, and pursuant to the provisions of the
General Laws contained herein to grant a dimensional variance other
than lot area requirements from the zoning ordinance to a limited degree
as determined by the zoning ordinance of the town, but not to exceed
twenty-five (25) percent of each of the applicable dimensional
requirements.
(49)
Nonconformance. A building, structure or parcel of land, or use thereof,
lawfully existing at the time of the adoption or amendment of a zoning
ordinance and not in conformity with the provisions of such ordinance or
amendment. Nonconformance shall be of only two (2) types:
(a)
Nonconforming by use: A lawfully established use of land, building
or structure which is not a permitted use in that zoning district. A
building or structure containing more dwelling units than are
permitted by the use regulations of a zoning ordinance shall be
nonconforming by use; or
1737
(b)
Nonconforming by dimension: A building, structure or parcel of
land not in compliance with the dimensional regulations of the
zoning ordinance. Dimensional regulations include all regulations
of the zoning ordinance, other than those pertaining to the
permitted uses. A building or structure containing more dwelling
units than are permitted by the use regulations of a zoning
ordinance shall be nonconforming by use; a building or structure
containing a permitted number of dwelling units by the use
regulations of the zoning ordinance, but not meeting the lot area
per dwelling unit regulations, shall be nonconforming by
dimension.
(50)
Overlay district. A district established in the zoning ordinance that is
superimposed on one (1) or more districts or parts of districts and that
imposes specified requirements in addition to, but not less, than those
otherwise applicable for the underlying zone.
(51)
Performance standards. A set of criteria or limits relating to elements
which a particular use or process either must meet or may not exceed.
(52)
Permitted use. A use by right which is specifically authorized in a
particular zoning district.
(53)
Planned development. A "land development project," as defined herein,
and developed according to plan as a single entity and containing one (1)
or more structures and/or uses with appurtenant common areas.
(54)
Preapplication conference. A review meeting of a proposed development
held between applicants and reviewing agencies as permitted by law and
municipal ordinance, before formal submission of an application for a
permit or for development approval.
(55)
Setback line or lines. A line or lines parallel to a lot line at the minimum
distance of the required setback for the zoning district in which the lot is
located that establishes the area within which the principal structure must
be erected or placed.
(55A) Sign. Any display of letters, numbers and/or visual display which directs
attention to a residence, permitted business, commodity or service which
is conducted, sold or offered.
(56)
Site plan. The development plan for one (1) or more lots on which is
shown the existing and/or the proposed conditions of the lot.
(57)
Special use. A regulated use which is permitted pursuant to the special
use permit issued by the authorized governmental entity, pursuant to
section 45-24-42 of the General Laws. Formerly referred to as a special
exception.
(58)
Structure. A combination of materials to form a construction for use,
occupancy or ornamentation, whether installed on, above or below the
surface of land or water.
(59)
Substandard lot of record. Any lot lawfully existing at the time of adoption
or amendment of a zoning ordinance and not in conformance with the
1738
dimensional and/or area provisions of that ordinance.
(60)
Use. The purpose of activity for which land or buildings are designed,
arranged or intended or for which land or buildings are occupied or
maintained.
(61)
Variance. Permission to depart from the literal requirements of a zoning
ordinance. An authorization for the construction or maintenance of a
building or structure, or for the establishment or maintenance of a use of
land, which is prohibited by a zoning ordinance. There shall be only two
(2) categories of variance, a use variance or dimensional variance.
(a)
Use variance. Permission to depart from the use requirements of
a zoning ordinance where the applicant for the requested variance
has shown by evidence upon the record that the subject land or
structure cannot yield any beneficial use if it is to conform to the
provisions of the zoning ordinance.
(b)
Dimensional variance (also known as a deviation). Permission to
depart from the dimensional requirements of a zoning ordinance,
where the applicant for the requested relief has shown, by
evidence upon the record, that there is no other reasonable
alternative way to enjoy a legally permitted beneficial use of the
subject property, unless granted the requested relief from the
dimensional regulations. However, the fact that a use may be
more profitable or that a structure may be more valuable after the
relief is granted shall not be grounds for relief.
(62)
Waters. As defined in section 46-12-1(b) of the General Laws.
(63)
Wetland, coastal. As defined in section 2-1-14 of the General Laws.
(64)
Wetland, freshwater. As defined in section 2-1-20 of the General Laws.
(65)
Zoning certificate. A document signed by the zoning enforcement officer,
as required in the zoning ordinance which acknowledges that a use,
structure, building or lot either complies with or is legally nonconforming
to the provisions of the municipal zoning ordinance or is an authorized
variance or modification there from.
(66)
Zoning map. The map or maps which are a part of the zoning ordinance
and which delineate the boundaries of all mapped zoning districts within
the physical boundary of the town.
(67)
Zoning ordinance. An ordinance enacted by the town council of the town
pursuant to the General Laws which sets forth regulations and standards
relating to the nature and extent of uses of land and structures, which is
consistent with the comprehensive plan of the town as defined in chapter
22.2 of title 45 of the General Laws, which includes a zoning map, and
which complies with the provisions of title 45 chapter 22.2.
(68)
Zoning use districts. The basic unit in zoning, either mapped or
unmapped, to which a uniform set of regulations applies, or a uniform set
of regulations for a specified use. The districts include, but are not limited
to: agricultural, commercial, industrial, institutional, open space and
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residential. Each district may include subdistricts. Districts may be
combined.
(Ord. of 4-23-98(5))
ARTICLE X. PROHIBITED USES
The following uses shall not be permitted within the Town of Scituate:
Acid manufacture
Asphalt manufacture or refining
Brewery or distillery
Chlorine manufacture
Coal distillation and derivation of coal products
Creosote manufacture or treatment
Distillation of bones, fats, chicken feathers
Fertilizer manufacture
Gas manufacture (acetylene)
Glue manufacture
House trailer park or colony
House trailers or mobile homes so-called, whether on wheels, temporary
foundations or permanent foundations (but not including so-called
camping trailers)
Offal or dead animal manufacture or treatment
Petroleum refining
Racetracks of any description
Rendering or refining of fats, oils and bones
Slaughterhouse
Iron or steel foundry
Smelters
Tanning of hides and curing of same
Automobile and truck junkyards
Piggeries
Laundry
Laundromats (except where public sewage facilities are available)
Vehicle washing shop (except where public sewerage facilities are available)
Ammonia or bleach manufacture
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Carbon black manufacture
Cement, lime, gypsum or plaster manufacture
Chemical manufacture
Explosives manufacture
Oilcloth or linoleum manufacture
Potash manufacture
Wool pulling or scouring
Processing of vinegar or yeast
Any industry, trade or use which could cause contamination of the water,
watershed or flowage rights of the water system of the City of Providence or which would
otherwise adversely affect or threaten the quality of the water of said City of Providence.
Commercial camping ground
Private dumps or landfills
Underground home heating oil tanks
Any use which is obnoxious by reason of the emission of gases, odors, noise,
dust or vibrations or by reason of fire or explosion.
Any hazard waste management facility located within the boundaries of, or within
five (5) miles from the perimeter of, the watershed of a public water supply system.
ARTICLE XI. MISCELLANEOUS
Section 1. Recording of decisions.
As required by section 45-24-62 of the General laws, copies of decisions of the
zoning board shall be mailed to the Associate Director of the Division of Planning of the
Rhode Island Department of Administration and any decision evidencing the granting of
a variance, modification or special use shall be recorded in the land evidence records of
the town.
Section 2. Assistance of plan commission.
Upon receipt of an application for a variance the zoning board may request that
the plan commission report its findings or recommendations, including a statement on
the general consistency with the goals and purposes of the comprehensive plan, such
report to be made in writing within thirty (30) days of receipt from the board. Where the
application for a variance involves the subdivision of land, the report of the plan
commission shall be mandatory.
Section 3. Successive applications.
Consistent with the doctrine of administrative finality as enunciated by the
Supreme Court of Rhode Island after a final decision by the zoning board a successive
similar application may not be entertained, unless the applicant can show a substantial
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and material change in circumstances since the date of the next prior application.
Section 4. Maintenance of zoning ordinance.
The town clerk shall be responsible for the maintenance and update of the text
and zoning map comprising the zoning ordinance. Changes which impact the zoning
map shall be depicted on the map within ninety (90) days of the authorized change(s);
and
The town council or a special committee appointed by the town council shall be
responsible for review of the zoning ordinance at reasonable intervals; and whenever
changes are made to the comprehensive plan of the town, for the identification of any
changes necessary and for the forwarding of these changes to the town council.
Section 5. Publication and availability.
Printed copies of the zoning ordinance and map(s) of the town shall be available
to the general public and shall be revised to include all amendments. A reasonable
charge may be made for copies to reflect printing and distribution costs.
Upon publication of a zoning ordinance and map, and any amendments thereto,
the town clerk shall send a copy, without charge, to the Associate Director of the Division
of Planning of the Department of Administration of the State of Rhode Island, and the
State Law Library.
Section 6. Designation of town clerk.
The town clerk is designated as the officer to receive a proposal for adoption,
amendment or repeal of a zoning ordinance or zoning map.
Section 7. Form of newspaper notice of hearing for adoption or
amendment.
As required by section 45-24-53 of the General Laws, the newspaper notice shall
be published as a display advertisement, using a type size at least as large as the
normal type size used by the newspaper in its news articles.
Section 8. Nonconforming development.
A project in process at the time of enactment shall be allowed to continue
according to the ordinance and regulations in effect immediately prior to the adoption of
this ordinance [December 19, 1994]. A nonconforming development is defined as a
project for which a building permit has been issued prior to the date of enactment of this
ordinance [December 19, 1994] or for which a variance or special exception has been
granted under the prior ordinance or a subdivision which has received preliminary
approval from the plan commission.
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ARTICLE XII. VALIDITY
If any section, paragraph, clause, phrase or provision of this ordinance shall be
ruled invalid or unconstitutional by a court of competent jurisdiction, such decision shall
not affect the validity of this ordinance as a whole or any part thereof other than the part
so judged to be invalid or unconstitutional.