Section 5.6. - Supplementary regulations—Performance standards for the Economic Growth District.

(1)

General Performance Standards for all EGD uses.

A.

Vibration. Vibration shall be measured at the nearest property line. No vibration is permitted which is discernible to human sense of feeling for three (3) minutes or more duration in any one (1) hour of the day between the hours of 7:00 a.m. and 7:00 p.m., or 30 seconds or more duration in any one (1) hour between the hours of 7:00 p.m. and 7:00 a.m. No vibration at any time shall produce an acceleration of more than 0.1 g or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, U.S. Bureau of Mines Bulletin No. 442, "Seismic Effects of Quarry Blasting," on any structure. The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this regulation.

B.

Noise. Sound levels associated with the uses in the EGD shall not exceed 65 dBA between 7:00 a.m. and 10:00 p.m., or 50 dBA between 10:00 p.m. and 7:00 a.m., measured at the property line of any abutting residential use using a Type 1 or Type 2 sound level meter per ANSI Sl.4.

C.

Smoke and other forms of air pollution. Manufacturing operations shall conform to the Rhode Island Clean Air Act, R.I.G.L. § 23-23-1 et seq., as amended, and regulations promulgated thereunder, including, without limitations, the "Air Pollution Control Regulations" of the Rhode Island Department of Environmental Management, as amended.

D.

Sewage and waste. Effluent from any manufacturing use which is discharged into the ground shall at all times comply with the applicable rules and regulations of the Rhode Island Department of Environmental Management and the Rhode Island Department of Health Manufacturing operations shall comply with the Rhode Island Hazardous Waste Management Act of 1978, R.I.G.L. § 23-19.1-1 et seq., the Hazardous Substance Community Right to Know Act, R.I.G.L. § 23-24.4-1 et seq., the Rhode Island Water Pollution Control Act, R.I.G.L. § 46-12-1 et seq., as such laws may be amended, and all regulations promulgated thereunder.

For uses that generate industrial process wastewater distinct from sanitary sewage, the applicant shall submit a Process Wastewater Management Plan identifying: (a) the nature, volume, and composition of process effluent; (b) the proposed disposal method and applicable RIDEM permits; and (c) secondary containment measures. No building permit shall be issued until RIDEM approval of the wastewater disposal method is demonstrated to the Building Official.

E.

Heat and glare. Any manufacturing operation producing heat and/or glare (as differentiated from interior illumination) shall be shielded so that no heat or glare can be recorded at the property line. No lighting shall be used in such a manner that produces glare on public highways or neighboring property.

In the course of applicable submissions to the local permitting authority, and for any significant heat-generating proposed use, an applicant shall incorporate site design measures or construction details which seek to mitigate any excess heat generation such as LEED or ENERGY STAR standards, roof materials which reflect sunlight, shading trees/structures, permeable pavements, or green infrastructure to reduce hardscape heat absorption.

F.

Radiation. Manufacturing operations shall cause no dangerous radiation.

G.

Fly ash, dust, fumes, vapor, gases, and other forms of air pollution.

(1)

No emission shall be permitted, which exceeds the standards set forth in any applicable state or federal regulations.

H.

Gases and fumes. Any gases or fumes emitted in such quantity or of such nature that they are or potentially may become odorous or toxic shall be collected and filtered, washed, absorbed, burned or otherwise treated in a manner approved by the Zoning Enforcement Officer before being discharged into the atmosphere.

I.

Compliance with applicable laws and regulations. The above list of industrial performance standards shall be in addition to, and not in lieu of, any other applicable federal and state laws and regulations with which an industrial use is bound to comply.

J.

Lighting controls. All uses shall comply with the lighting ordinance under Chapter 2, Article II.

K.

Landscaping. All required landscaping shall be consistent with the Land Development and Subdivision Regulations.

L.

Outdoor storage. Outdoor storage of non-hazardous materials, vehicles, or equipment shall:

1)

Not be located within any required setback;

2)

Be screened from all public rights-of-way and abutting residential zones by a solid fence or vegetated buffer of not less than six (6) feet in height;

3)

Not exceed fifteen (15) feet in height;

4)

Be located on a stabilized impervious surface designed to manage stormwater runoff in compliance with applicable RIDEM stormwater management requirements.

Outdoor storage of hazardous materials and petroleum products is prohibited in the primary protection zone as provided in Section 5(a)(7) and (8) of this ordinance.

M.

Floor Drains. All facilities shall install interior floor drains connected to above-ground containment tanks with capacity sufficient to contain anticipated flows, in accordance with Section 5(a)(l 0) of this ordinance. An Aquifer Protection Permit shall be required for any non-residential interior space containing floor drains.

(2)

Use-specific performance standards. In addition to the general standards listed above, a specific use shall comply with the applicable standards set forth below:

A.

Light Industrial, Assembly and Flex Production (Use 191).

1)

All fabrication, assembly, processing, packaging, testing, and manufacturing operations shall be conducted entirely within enclosed buildings.

2)

Loading and unloading operations may be conducted outdoors within a designated loading area, which shall be located to the rear or side of the principal building and screened from public rights-of-way.

B.

Aerospace, Marine and Specialty Vehicles (Use 371).

1)

The applicant shall submit a Chemical and Materials Management Plan identifying all solvents, composite resins, adhesives, coatings, and specialty materials to be used on the premises, together with storage, handling, containment, and disposal procedures.

2)

All chemical and solvent storage shall be within secondary containment structures meeting the standards of Section 5.6.I(k) of this ordinance.

3)

Prior to final approval by the permitting authority, the owner shall submit a Site Closure Plan identifying procedures for removal of all equipment, containment systems, and specialty materials, and restoration of the site to a condition suitable for the permitted land use. A financial security instrument in an amount determined by the permitting authority shall be required to ensure completion of site closure.

C.

Defense, Security and Protective Equipment (Use 3987).

1)

At the time of an application for a building permit, the applicant shall provide documentation demonstrating compliance with applicable federal licensing, registration, or authorization requirements, including but not limited to ITAR and EAR, as applicable and as determined by the applicant and/or applicable federal agencies. Where such documentation is subject to federal confidentiality or security restrictions, the applicant may provide a certification of compliance in lieu of copies of such materials. No building permit shall be issued until all required federal authorizations are in place or the applicant demonstrates that the proposed operations do not require such authorization.

2)

All storage of materials regulated under federal security or export control requirements shall be within secured, access-controlled facilities in compliance with applicable federal standards.

D.

Medical & Pharmaceuticals (Use 28).

1)

At the time of an application for a building permit, the applicant shall provide documentation demonstrating compliance with applicable federal licensing, registration, or authorization requirements, including but not limited to FDA facility registration; DEA controlled substance registration; and CDC/USDA Select Agent Program registration as applicable, as applicable and as determined by the applicant and/or applicable federal agencies. Where such documentation is subject to federal confidentiality or security restrictions, the applicant may provide a certification of compliance in lieu of copies of such materials. No building permit shall be issued until all required federal authorizations are in place or the applicant demonstrates that the proposed operations do not require such authorization.

2)

The applicant shall submit a Biological and Chemical Waste Management Plan identifying: (1) all biological agents, controlled substances, and hazardous chemicals to be used or generated on the premises; (2) waste classification, containment, and disposal procedures in compliance with applicable RIDEM, EPA, and federal regulations; and (3) spill prevention and emergency response procedures.

3)

Laboratory operations shall be conducted within appropriately classified biosafety level environments as required by applicable federal and state standards.

4)

Process wastewater including pharmaceutical rinse water and biological waste streams shall be managed in accordance with the Process Wastewater Management Plan requirements of section 5.6.D and shall not be discharged to the subsurface without RIDEM approval.

E.

Advanced Manufacturing and Industrial Fabrication (Use 3940).

1)

All manufacturing operations shall be conducted entirely within enclosed buildings.

2)

The applicant shall submit a Process Chemical Management Plan identifying all solvents, cutting fluids, plating chemicals, coatings, and other process chemicals to be used on the premises, together with storage, handling, containment, and disposal procedures in compliance with applicable RIDEM and EPA requirements.

F.

Transportation, Fleet Maintenance and Mobility Services (Use 423).

1)

Fuel storage on the premises shall comply with section 5(a)(8) of this ordinance. Any fuel storage exceeding the limits of Section 5(a)(8) shall require an Aquifer Protection Permit.

2)

Vehicle washing is prohibited on the premises in the Aquifer Primary Protection Zone in accordance with section 5(a)(6) of this ordinance.

3)

Vehicle storage areas shall be on impervious surfaces with oil/water separator infrastructure designed to prevent petroleum runoff from reaching the subsurface.

4)

Any fleet operation that stores or dispatches commercial vehicles on the premises shall obtain an Aquifer Protection Permit and shall comply with the aquifer protection standards of section 5(a) of this ordinance, including the petroleum storage limitations of section 5(a)(8).

G.

Battery Energy Storage Systems (BESS)(Use 489).

1)

No groundwater withdrawal from aquifers located on or adjacent to the project site shall be used for cooling, fire suppression testing, or any operational purpose associated with the BESS facility without prior Planning Board approval and documentation that such withdrawal will not adversely affect the Ashaway aquifer or neighboring private wells.

2)

Hazardous Materials Management and Spill Prevention.

a)

All battery systems and associated equipment shall comply with applicable standards of the National Fire Protection Association including NFPA 855, and shall utilize equipment certified to UL 9540 or equivalent standards.

b)

The facility shall include secondary containment systems capable of containing leaks or releases of electrolytes or other hazardous materials. Containment systems shall be designed to prevent the migration of contaminants to soils, groundwater, or surface waters.

c)

The applicant shall submit a Spill Prevention, Control, and Countermeasure (SPCC) Plan or equivalent document describing procedures and infrastructure designed to prevent and respond to accidental releases.

d)

All battery units shall be installed within impervious containment areas or engineered systems designed to capture and isolate any hazardous materials in the event of equipment failure.

e)

Stormwater systems shall be designed to prevent contact between stormwater runoff and hazardous materials.

f)

Hazardous materials shall be stored, handled, and disposed of in accordance with all applicable federal, state, and local regulations.

3)

Additional Aquifer Protection. The following additional standards shall apply in addition to those required for the Aquifer Protection Permit:

a)

The facility shall demonstrate that no hazardous materials associated with the operation of the battery system will infiltrate or discharge to the underlying aquifer.

b)

Battery units and associated equipment shall be installed on impervious surfaces with containment systems designed to prevent infiltration of leaked materials into soils.

c)

The applicant shall submit documentation demonstrating that the facility design includes groundwater protection measures sufficient to protect drinking water supplies.

d)

No hazardous materials associated with the battery system shall be discharged, disposed, or stored in a manner that could contaminate groundwater.

4)

Emergency Response Plan-To the extent required by the permitting authority, prior to issuance of a certificate of occupancy or commencement of operation, the applicant shall provide an Emergency Response Plan approved by the local fire department.

The plan shall include: a)

Emergency shutdown procedures.

b)

Fire suppression strategies.

c)

Hazardous materials response procedures.

d)

Emergency contact information for facility operators.

e)

Procedures for coordination with local emergency responders.

The facility owner shall provide training and informational materials to local emergency response personnel regarding the operation and hazards associated with the facility.

5)

Security - Battery Energy Storage Systems shall incorporate security measures to prevent unauthorized access and ensure safe operation.

a)

Facilities shall be enclosed by security fencing at least seven (7) feet in height or equivalent barriers designed to prevent unauthorized entry.

b)

Access gates shall be locked and controlled at all times when the facility is unattended.

c)

The facility shall include warning signage identifying electrical hazards and emergency contact information.

d)

Security lighting, where provided, shall be designed to minimize off-site glare and shall be directed downward.

e)

The permitting authority may require additional security measures, including surveillance systems or controlled access systems, where deemed necessary.

6)

Decommissioning and Removal - Applicants shall submit a Decommissioning Plan prior to project approval.

The plan shall include: a)

A description of the anticipated operational life of the facility.

b)

Procedures for the safe removal of all battery units, electrical equipment, and associated infrastructure.

c)

Restoration of the site to a condition suitable for the permitted land use.

d)

Proper recycling or disposal of batteries in accordance with all applicable regulations.

A financial security instrument, such as a bond, escrow account, or letter of credit, shall be required to ensure the proper decommissioning of the facility. The amount of financial assurance shall be based on the estimated cost of removal and site restoration prepared by a qualified professional. Decommissioning shall be completed within twelve (12) months after the facility ceases operation.

(Ord. No. 26-01, § 6, 5-4-26)

Editor's note— The duplicate numbering of section 5.6 is a drafting error only and is not intended to create two separate Section 5.6 provisions. The section numbering should be corrected in the future.

(Ord. No. 2025-06, § 6, 9-2-25)

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