§ 45-46-5 Model ordinance – Soilerosion and sediment control. – ARTICLE I
Section 1. Purpose.
(a) The (city or town) council finds that excessivequantities of soil are eroding from certain areas that are undergoingdevelopment for non agricultural uses such as housing developments, industrialareas, recreational facilities, and roads. This erosion makes necessary costlyrepairs to gullies, washed out fills, roads, and embankments. The resultingsediment clogs the storm sewers and road ditches, muddies streams, leavesdeposits of silt in ponds and reservoirs, and is considered a major waterpollutant.
(b) The purpose of this ordinance is to prevent soil erosionand sedimentation from occurring as a result of non agricultural developmentwithin the city or town by requiring proper provisions for water disposal, andthe protection of soil surfaces during and after construction, in order topromote the safety, public health, and general welfare of the city or town.
ARTICLE II
Section 1. Applicability.
This ordinance is applicable to any situation involving anydisturbance to the terrain, topsoil or vegetative ground cover upon anyproperty within the city or town of ]]]]]]]] after determination ofapplicability by the building official or his or her designee based uponcriteria outlined in article III. Compliance with the requirements as describedin this ordinance shall not be construed to relieve the owner/applicant of anyobligations to obtain necessary state or federal permits.
ARTICLE III
Section 1. Determination of applicability.
(a) It is unlawful for any person to disturb any existingvegetation, grades, and contours of land in a manner which may increase thepotential for soil erosion, without first applying for a determination ofapplicability from the building official or his or her designee. Upondetermination of applicability, the owner/applicant shall submit a soil erosionand sediment control plan for approval by the building official or his or herdesignee, as provided in article IV. The application for determination ofapplicability shall describe the location, nature, character, and time scheduleof the proposed land disturbing activity in sufficient detail to allow thebuilding official or his or her designee to determine the potential for soilerosion and sedimentation resulting from the proposed project. In determiningthe applicability of the soil erosion and sediment control ordinance to aparticular land disturbing activity, the building official or his or herdesignee shall consider site topography, drainage patterns, soils, proximity towatercourses, and other information deemed appropriate by the building officialor his or her designee. A particular land disturbing activity shall not besubject to the requirements of this ordinance if the building official or hisor her designee finds that erosion resulting from the land disturbing activityis insignificant and represents no threat to adjacent properties or to thequality of any coastal feature or watercourse, as defined in Article IX. Thecurrent "Rhode Island Soil Erosion and Sediment Control Handbook," U.S.department of agriculture soil conservation service, R.I. department ofenvironmental management, and R.I. state conservation committee shall beconsulted in making this determination.
(2) This ordinance shall not apply to existing quarryingoperations actively engaged in excavating rock but shall apply to sand andgravel extraction operations.
(b) No determination of applicability is required for thefollowing:
(1) Construction, alteration, or use of any additions toexisting single family or duplex homes or related structures; provided, thatthe grounds coverage of addition is less than one thousand (1,000) square feet,and 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 landdisturbance do not exceed ten percent (10%).
(2) Use of a home garden in association with onsiteresidential use.
(3) Accepted agricultural management practices such asseasonal tilling and harvest activities associated with property utilized forprivate and/or commercial agricultural or silvacultural purposes.
(4) Excavations for improvements other than those describedin subsection (b)(1) of this section which exhibit all of the followingcharacteristics:
(i) Does not result in a total displacement of more thanfifty (50) cubic yards of material;
(ii) Has no slopes steeper than ten feet (10') vertical inone hundred feet (100') horizontal or approximately ten percent (10%); and
(iii) Has all disturbed surface areas promptly andeffectively protected to prevent soil erosion and sedimentation.
(5) Grading, as a maintenance measure, or for landscapingpurposes on existing developed land parcels or lots; provided, that all baresurface is immediately seeded, sodded or otherwise protected from erosiveactions, and all of the following conditions are met:
(i) The aggregate area of activity does not exceed twothousand (2,000) square feet; and
(ii) The change of elevation does not exceed two feet (2') atany point; and
(iii) The grading does not involve a quantity of fill greaterthan eighteen (18) cubic yards; except where fill is excavated from anotherportion of the same parcel and the quantity does not exceed fifty (50) cubicyards.
(6) Grading, filling, removal, or excavation activities andoperations undertaken by the city or town under the direction and supervisionof the director of public works for work on streets, roads, or rights-of-waysdedicated to public use; provided, that adequate and acceptable erosion andsediment controls are incorporated, in engineering plans and specifications,and employed. Appropriate controls apply during construction as well as afterthe completion of these activities. All work shall be undertaken in accordancewith the performance principles provided for in Article V, Section 1(c) and thestandards and definitions that may be adopted to implement the performanceprinciples.
ARTICLE IV
Section 1. Provisions of plan – Procedures.
(1) To obtain approval for a land disturbing activity asfound applicable by the building official or his or her designee under articleIII, an applicant shall first file an erosion and sediment control plan signedby the owner of the property, or authorized agent, on which the work subject toapproval is to be performed. The plan or drawings, as described in article V,shall include proposed erosion and sediment control measures to be employed bythe applicant or the applicant's agent.
(2) R.I. Freshwater Wetlands Permit: Where any portion of aproposed development requires approval under any provision of the general lawsapproved by the general assembly or where the approval contains provisions forsoil erosion and sediment controls, that approved plan shall be a component ofthe overall soil erosion and sediment control plan required under thisordinance for the development.
The city or town adopting this ordinance may collect fair andreasonable fees from each applicant requesting approval of a soil erosion andsediment control plan for the purposes of administering this ordinance.
(1) Within five (5) working days of the receipt of acompleted plan, the building official or his or her designee shall send a copyof the plan to the review authorities which may include the public worksdepartment, the planning board or planning department, and conservationcommission for the purpose of review and comment. The building official or hisor her designee may also, within five (5) working days, submit copies of theplan to other local departments or agencies, including the conservationdistrict that services their county, in order to better achieve the purposes ofthis chapter. Failure of these review authorities to respond within twenty-one(21) days of their receipt of the plan shall be deemed as no objection to theplan as submitted.
(2) The time allowed for plan review shall be commensuratewith the proposed development project, and shall be done simultaneously withother reviews.
(1) The building official or his or her designee shall takeaction in writing, either approving or disapproving the plan, with reasonsstated within ten (10) days after the building official has received thewritten opinion of the review authorities.
(2) In approving a plan, the building official or his or herdesignee may attach conditions deemed reasonably necessary by the reviewauthorities to further the purposes of this ordinance. The conditionspertaining to erosion and sediment control measures and/or devices, mayinclude, but are not limited to, the erection of walls, drains, dams, andstructures, planting vegetation, trees and shrubs, furnishings, necessaryeasements, and specifying a method of performing various kinds of work, and thesequence or timing of the work. The applicant/owner shall notify the buildinginspector, or his or her designee, in advance of his or her intent to beginclearing and construction work described in the erosion and sediment controlplan. The applicant shall have the erosion and sediment control plan on thesite during grading and construction.
(1) Administrative procedures: (A) If the ruling made by thebuilding official or his or her designee is unsatisfactory to theapplicant/owner, the applicant/owner may file a written appeal. The appeal ofplans for soil erosion and sediment control shall be to the zoning board ofreview or other appropriate board of review, as determined by the city or towncouncil.
(B) Appeal procedures shall follow current requirements forappeal to the above-mentioned boards.
(C) During the period in which the request for appeal isfiled, and until the time that a final decision is rendered on the appeal, thedecision of the building official or his or her designee remains in effect.
(2) Expert opinion: The official, or his or her designee, thezoning board of review, or other board of review, may seek technical assistanceon any soil erosion and sediment control plan. The expert opinion must be madeavailable in the office of the building official, or his or her designee, as apublic record prior to the appeals hearing.
ARTICLE V.
Section 1. Soil Erosion and Sediment Control Plan.
The erosion and sediment control plan shall be prepared by aregistered engineer, or landscape architect or a soil and water conservationsociety certified erosion and sediment control specialist, and copies of theplan shall be submitted to the building official or his or her designee.
The erosion and sediment control plan shall includesufficient information about the proposed activities and land parcels to form aclear basis for discussion and review and to assure compliance with allapplicable requirements of this chapter. The plan shall be consistent with thedata collection, data analysis, and plan preparation guidelines in the current"Rhode Island Soil Erosion and Sediment Control Handbook," prepared by the U.S.department of agriculture, soil conservation service, R.I. department ofenvironmental management, R.I. state conservation committee, and at a minimum,shall contain:
(1) A narrative describing the proposed land disturbingactivity and the soil erosion and sediment control measures and stormwatermanagement measures to be installed to control erosion that could result fromthe proposed activity. Supporting documentation, such as a drainage area,existing site, and soil maps shall be provided as required by the buildingofficial or his or her designee.
(2) Construction drawings illustrating in detail existing andproposed contours, drainage features, and vegetation; limits of clearing andgrading, the location of soil erosion and sediment control and stormwatermanagement measures, detail drawings of measures; stock piles and borrow areas;sequence and staging of land disturbing activities; and other informationneeded for construction.
(3) Other information or construction plans and details asdeemed necessary by the building official or his or her designee for a thoroughreview of the plan prior to action being taken as prescribed in this chapter.Withholding or delay of information may be reasons for the building official orhis or her designee to judge the application as incomplete and providinggrounds for disapproval of the application.
The contents of the erosion and sediment control plan shallclearly demonstrate how the principles, outlined in this subsection, have beenmet in the design and are to be accomplished by the proposed developmentproject.
(1) The site selected shall show due regard for naturaldrainage characteristics and topography.
(2) To the extent possible, steep slopes shall be avoided.
(3) The grade of created slopes shall be minimized.
(4) Post development runoff rates should not exceed predevelopment rates, consistent with other stormwater requirements which may bein effect. Any increase in storm runoff shall be retained and recharged asclose as feasible to its place of origin by means of detention ponds or basins,seepage areas, subsurface drains, porous paving, or similar technique.
(5) Original boundaries, alignment, and slope of watercourseswithin the project locus shall be preserved to the greatest extent feasible.
(6) In general, drainage shall be directed away fromstructures intended for human occupancy, municipal or utility use, or similarstructures.
(7) All drainage provisions shall be of a design and capacityso as to adequately handle stormwater runoff, including runoff from tributaryupstream areas which may be outside the locus of the project.
(8) Drainage facilities shall be installed as early asfeasible during construction, prior to site clearance, if possible.
(9) Fill located adjacent to watercourses shall be suitablyprotected from erosion by means of riprap, gabions, retaining walls, vegetativestabilization, or similar measures.
(10) Temporary vegetation and/or mulching shall be used toprotect bare areas and stockpiles from erosion during construction; thesmallest areas feasible shall be exposed at any one time; disturbed areas shallbe protected during the non growing months, November through March.
(11) Permanent vegetation shall be placed immediatelyfollowing fine grading.
(12) Trees and other existing vegetation shall be retainedwhenever feasible; the area within the dripline shall be fenced or roped off toprotect trees from construction equipment.
(13) All areas damaged during construction shall be resodded,reseeded, or otherwise restored. Monitoring and maintenance schedules, whererequired, shall be predetermined.
(1) The building official and/or his or her designee shallaccept plans for existing uses and facilities which by their nature may causeerosion and sedimentation, such as excavation and quarrying operations;provided, that this section shall not apply to article III, section 1(a)(1).Plans or satisfactory evidence to demonstrate that the existing operationsaccomplish the objectives of the section shall be submitted to the buildingofficial and/or his/her designee within one hundred twenty (120) days from thedate of the determination of applicability. Implementation of the plan shall beinitiated upon approval of the plan.
(2) When the preexisting use is a gravel extractionoperation, the property owner shall conduct the operation in a manner so as notto devalue abutting properties; to protect abutting property from wind erosionand soil erosion due to increased runoff, sedimentation of reservoirs, anddrainage systems; and to limit the depth of extraction so as not to interferewith the existing nearby water table.
ARTICLE VI. Enforcement.
Section 1. Performance bond.
(1) Before approving an erosion sediment control plan, thebuilding official or his or her designee may require the applicant/owner tofile a surety company performance bond, deposit of money, negotiablesecurities, or other method of surety, as specified by the building official orhis or her designee. When any land disturbing activity is to take place withinone hundred feet (100') of any watercourse or coastal feature or within anidentified flood hazard district, or on slopes in excess of ten percent (10%),the filing of a performance bond shall be required. The amount of the bond, asdetermined by the public works department, or in its absence, the buildingofficial or his or her designee, shall be sufficient to cover the cost ofimplementing all erosion and sediment control measures as shown on the plan.
(2) The bond or negotiable security filed by the applicantshall be subject to approval of the form, content, amount, and manner ofexecution by the public works director and the city or town solicitor.
(3) A performance bond for an erosion sediment control planfor a subdivision may be included in the performance bond of the subdivision.The posting of the bond as part of the subdivision performance bond does not,however, relieve the owner of any requirements of this ordinance.
(1) Whenever the building official or his or her designeefinds that a default has occurred in the performance of any terms or conditionsof the bond or in the implementation of measures secured by the bond, writtennotice shall be made to the applicant and to the surety of the bond by themunicipal solicitor. The notice shall state the nature of default, work to bedone, the estimated cost, and the period of time deemed by the buildingofficial or his or her designee to be reasonably necessary for the completionof the work.
(2) Failure of the applicant to acknowledge and comply withthe provisions and deadlines outlined in the notice of default means theinstitution, by the city or town solicitor, without further notice ofproceedings whatsoever, of appropriate measures to utilize the performancebond, to cause the required work to be completed by the city or town, bycontract or by other appropriate means as determined by the city or townsolicitor.
If a cash or negotiable securities deposit has been posted bythe applicant, notice and procedure are the same as provided for in subsection(b) of this section.
The performance bonding requirement shall remain in fullforce and effect for twelve (12) months following completion of the project, orlonger if deemed necessary by the building official or his or her designee.
Section 2. Approval – Expiration – Renewal.
(a) Every approval granted in this ordinance shall expire atthe end of the time period established in the conditions. The developer shallfully perform and complete all of the work required within the specified timeperiod.
(b) If the developer is unable to complete the work withinthe designated time period, he or she shall, at least thirty (30) days prior tothe expiration date, submit a written request for an extension of time to thebuilding official or his or her designee, stating the underlying reasons forthe requested time extension. If the extension is warranted, the buildingofficial or his or her designee may grant an extension of time up to a maximumof one year from the date of the original deadline. Subsequent extensions underthe same conditions may be granted at the discretion of the building official.
Section 3. Maintenance of measures.
Maintenance of all erosion sediment control devices underthis ordinance shall be the responsibility of the owner. The erosion sedimentcontrol devices shall be maintained in good condition and working order on acontinuing basis. Watercourses originating and located completely on privateproperty shall be the responsibility of the owner to their point of opendischarge at the property line or at a communal watercourse within the property.
Section 4. Liability of applicant.
Neither approval of an erosion and sediment control plan norcompliance with any condition of this chapter shall relieve the owner/applicantfrom any responsibility for damage to persons or property, nor impose anyliability upon the city or town for damages to persons or property.
ARTICLE VII.
Section 1. Inspections.
The provisions of this ordinance shall be administered andenforced by the building official or his or her designee. All work shall besubject to periodic inspections by the building official, or his or herdesignee. All work shall be performed in accordance with an inspection andconstruction control schedule approved by the building official or his or herdesignee, who shall maintain a permanent file on all of his or her inspections.Upon completion of the work, the developer or owner shall notify the buildingofficial or his or her designee that all grading, drainage, erosion andsediment control measures and devices, and vegetation and ground cover plantinghas been completed in conformance with the approval, all attached plans,specifications, conditions, and other applicable provisions of this ordinance.
(1) Upon notification of the completion by the owner, thebuilding official or his or her designee shall make a final inspection of thesite in question, and shall prepare a final summary inspection report of itsfindings which shall be retained in the department of inspections, and in thedepartment of public works' permanent inspections file.
(2) The applicant/owner may request the release of his or herperformance bond from the building official or his or her designee twelve (12)months after the final site inspection has been completed and approved. In theinstance where the performance bond has been posted with the recording of afinal subdivision, the bond shall be released after the building official orhis or her designee has been notified by the city or town planning director ofsuccessful completion of all plat improvements by the applicant/owner.
ARTICLE VIII. Notification.
Section 1. Noncompliance.
If, at any stage, the work in progress and/or completed underthe terms of an approved erosion and sediment control plan does not conform tothe plan, a written notice from the building official or his or her designee tocomply shall be transmitted by certified mail to the owner. The notice shallstate the nature of the temporary and permanent corrections required, and thetime limit within which corrections shall be completed as established insection 2(b) of this article. Failure to comply with the required correctionswithin the specified time limit is considered a violation of this ordinance, inwhich case the performance bond or cash or negotiable securities deposit issubject to notice of default, in accordance with sections 1(b) and 1(c) ofarticle VI.
Section 2. Penalties.
The approval of an erosion and sediment control plan underthis chapter may be revoked or suspended by the building official and all workon the project halted for an indefinite time period by the building officialafter written notification is transmitted by the building official to thedeveloper for one or more of the following reasons:
(1) Violation of any condition of the approved plan, orspecifications pertaining to it;
(2) Violation of any provision of this ordinance or any otherapplicable law, ordinance, rule, or regulation related to the work or site ofwork; and
(3) The existence of any condition or the performance of anyact constituting or creating a nuisance, hazard, or endangerment to human lifeor the property of others, or contrary to the spirit or intent of thisordinance.
In addition, whenever there is a failure to comply with theprovisions of this ordinance, the city or town has the right to notify theapplicant/owner that he or she has five (5) days from the receipt of notice totemporarily correct the violations and thirty (30) days from receipt of noticeto permanently correct the violations. Should the applicant owner fail to takethe temporary corrective measures within the five (5) day period and thepermanent corrective measures within the thirty (30) day period, the city ortown then has the right to take whatever actions it deems necessary to correctthe violations and to assert a lien on the subject property in an amount equalto the costs of remedial actions. The lien shall be enforced in the mannerprovided or authorized by law for the enforcement of common law liens onpersonal property. The lien shall be recorded with the records of land evidenceof the municipality, and the lien does incur legal interest from the date ofrecording. The imposition of any penalty shall not exempt the offender fromcompliance with the provisions of this ordinance, including revocation of theperformance bond or assessment of a lien on the property by the city or town.
(c) In addition to any other penalties provided in thissection, a city or town is authorized and empowered to provide by localordinance for penalties and/or fines of not more than two hundred fifty dollars($250) for failure to submit plans on or before the date on which the plan mustbe submitted, as stated in the determination of applicability. Each day thatthe plan is not submitted constitutes a separate offense.
ARTICLE IX.
Section 1. Definition of selected terms.
(a) Applicant: Any persons, corporation, or public orprivate organization proposing a development which would involve disturbance tothe natural terrain as defined in this ordinance.
(b) Coastal feature: Coastal beaches and dunes,barrier beaches, coastal wetlands, coastal cliffs, bluffs, and banks, rockyshores, and manmade shorelines as defined in "The State of Rhode Island CoastalResources Management Program" as amended June 28, 1983.
(c) Cut: An excavation. The difference between a pointon the original ground and a designated point of lower elevation on the finalgrade. Also, the material removed in excavation.
(d) Development project: Any construction,reconstruction, demolition, or removal of structures, roadways, parking, orother paved areas, utilities, or other similar facilities, including any actionrequiring a building permit by the city or town.
(e) Erosion: The removal of mineral and/or organicmatter by the action of wind, water, and/or gravity.
(f) Excavate: Any act by which earth, sand, gravel, orany other similar material is dug into, cut, removed, displaced, relocated, orbulldozed, and includes the resulting conditions.
(g) Fill: Any act by which earth, sand, or othermaterial is placed or moved to a new location above ground. The fill is alsothe difference in elevation between a point of existing undisturbed ground anda designated point of higher elevation of the final grade.
(h) Land disturbing activity: Any physical landdevelopment activity which includes such actions as clearance of vegetation,moving or filling of land, removal or excavation of soil or mineral resources,or similar activities.
(i) Runoff: The surface water discharge or rate ofdischarge of a given watershed after a fall of rain or snow, and includingseepage flows that do not enter the soil but run off the surface of the land.Also, that portion of water that is not absorbed by the soil, but runs off theland surface.
(j) Sediment: Solid material, both mineral and/ororganic, that is in suspension, is being transported, or has been moved fromits site or origin by wind, water, and/or gravity as a product of erosion.
(k) Soil erosion and sediment control plan: Theapproved document required before any person may cause a disturbance to thenatural terrain within the city or town as regulated by this ordinance. Also,referred to as erosion and sediment control plan, approved plan.
(l) Watercourse: The term watercourse means anytidewater or coastal wetland at its mean high water level, and any freshwaterwetland at its seasonal high water level, including, but not limited to, anyriver, stream, brook, pond, lake, swamp, marsh bog, fen, wet meadow, or anyother standing or flowing body of water. The edge of the watercourse shall beused for delineation purposes.
§ 45-46-5 Model ordinance – Soilerosion and sediment control. – ARTICLE I
Section 1. Purpose.
(a) The (city or town) council finds that excessivequantities of soil are eroding from certain areas that are undergoingdevelopment for non agricultural uses such as housing developments, industrialareas, recreational facilities, and roads. This erosion makes necessary costlyrepairs to gullies, washed out fills, roads, and embankments. The resultingsediment clogs the storm sewers and road ditches, muddies streams, leavesdeposits of silt in ponds and reservoirs, and is considered a major waterpollutant.
(b) The purpose of this ordinance is to prevent soil erosionand sedimentation from occurring as a result of non agricultural developmentwithin the city or town by requiring proper provisions for water disposal, andthe protection of soil surfaces during and after construction, in order topromote the safety, public health, and general welfare of the city or town.
ARTICLE II
Section 1. Applicability.
This ordinance is applicable to any situation involving anydisturbance to the terrain, topsoil or vegetative ground cover upon anyproperty within the city or town of ]]]]]]]] after determination ofapplicability by the building official or his or her designee based uponcriteria outlined in article III. Compliance with the requirements as describedin this ordinance shall not be construed to relieve the owner/applicant of anyobligations to obtain necessary state or federal permits.
ARTICLE III
Section 1. Determination of applicability.
(a) It is unlawful for any person to disturb any existingvegetation, grades, and contours of land in a manner which may increase thepotential for soil erosion, without first applying for a determination ofapplicability from the building official or his or her designee. Upondetermination of applicability, the owner/applicant shall submit a soil erosionand sediment control plan for approval by the building official or his or herdesignee, as provided in article IV. The application for determination ofapplicability shall describe the location, nature, character, and time scheduleof the proposed land disturbing activity in sufficient detail to allow thebuilding official or his or her designee to determine the potential for soilerosion and sedimentation resulting from the proposed project. In determiningthe applicability of the soil erosion and sediment control ordinance to aparticular land disturbing activity, the building official or his or herdesignee shall consider site topography, drainage patterns, soils, proximity towatercourses, and other information deemed appropriate by the building officialor his or her designee. A particular land disturbing activity shall not besubject to the requirements of this ordinance if the building official or hisor her designee finds that erosion resulting from the land disturbing activityis insignificant and represents no threat to adjacent properties or to thequality of any coastal feature or watercourse, as defined in Article IX. Thecurrent "Rhode Island Soil Erosion and Sediment Control Handbook," U.S.department of agriculture soil conservation service, R.I. department ofenvironmental management, and R.I. state conservation committee shall beconsulted in making this determination.
(2) This ordinance shall not apply to existing quarryingoperations actively engaged in excavating rock but shall apply to sand andgravel extraction operations.
(b) No determination of applicability is required for thefollowing:
(1) Construction, alteration, or use of any additions toexisting single family or duplex homes or related structures; provided, thatthe grounds coverage of addition is less than one thousand (1,000) square feet,and 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 landdisturbance do not exceed ten percent (10%).
(2) Use of a home garden in association with onsiteresidential use.
(3) Accepted agricultural management practices such asseasonal tilling and harvest activities associated with property utilized forprivate and/or commercial agricultural or silvacultural purposes.
(4) Excavations for improvements other than those describedin subsection (b)(1) of this section which exhibit all of the followingcharacteristics:
(i) Does not result in a total displacement of more thanfifty (50) cubic yards of material;
(ii) Has no slopes steeper than ten feet (10') vertical inone hundred feet (100') horizontal or approximately ten percent (10%); and
(iii) Has all disturbed surface areas promptly andeffectively protected to prevent soil erosion and sedimentation.
(5) Grading, as a maintenance measure, or for landscapingpurposes on existing developed land parcels or lots; provided, that all baresurface is immediately seeded, sodded or otherwise protected from erosiveactions, and all of the following conditions are met:
(i) The aggregate area of activity does not exceed twothousand (2,000) square feet; and
(ii) The change of elevation does not exceed two feet (2') atany point; and
(iii) The grading does not involve a quantity of fill greaterthan eighteen (18) cubic yards; except where fill is excavated from anotherportion of the same parcel and the quantity does not exceed fifty (50) cubicyards.
(6) Grading, filling, removal, or excavation activities andoperations undertaken by the city or town under the direction and supervisionof the director of public works for work on streets, roads, or rights-of-waysdedicated to public use; provided, that adequate and acceptable erosion andsediment controls are incorporated, in engineering plans and specifications,and employed. Appropriate controls apply during construction as well as afterthe completion of these activities. All work shall be undertaken in accordancewith the performance principles provided for in Article V, Section 1(c) and thestandards and definitions that may be adopted to implement the performanceprinciples.
ARTICLE IV
Section 1. Provisions of plan – Procedures.
(1) To obtain approval for a land disturbing activity asfound applicable by the building official or his or her designee under articleIII, an applicant shall first file an erosion and sediment control plan signedby the owner of the property, or authorized agent, on which the work subject toapproval is to be performed. The plan or drawings, as described in article V,shall include proposed erosion and sediment control measures to be employed bythe applicant or the applicant's agent.
(2) R.I. Freshwater Wetlands Permit: Where any portion of aproposed development requires approval under any provision of the general lawsapproved by the general assembly or where the approval contains provisions forsoil erosion and sediment controls, that approved plan shall be a component ofthe overall soil erosion and sediment control plan required under thisordinance for the development.
The city or town adopting this ordinance may collect fair andreasonable fees from each applicant requesting approval of a soil erosion andsediment control plan for the purposes of administering this ordinance.
(1) Within five (5) working days of the receipt of acompleted plan, the building official or his or her designee shall send a copyof the plan to the review authorities which may include the public worksdepartment, the planning board or planning department, and conservationcommission for the purpose of review and comment. The building official or hisor her designee may also, within five (5) working days, submit copies of theplan to other local departments or agencies, including the conservationdistrict that services their county, in order to better achieve the purposes ofthis chapter. Failure of these review authorities to respond within twenty-one(21) days of their receipt of the plan shall be deemed as no objection to theplan as submitted.
(2) The time allowed for plan review shall be commensuratewith the proposed development project, and shall be done simultaneously withother reviews.
(1) The building official or his or her designee shall takeaction in writing, either approving or disapproving the plan, with reasonsstated within ten (10) days after the building official has received thewritten opinion of the review authorities.
(2) In approving a plan, the building official or his or herdesignee may attach conditions deemed reasonably necessary by the reviewauthorities to further the purposes of this ordinance. The conditionspertaining to erosion and sediment control measures and/or devices, mayinclude, but are not limited to, the erection of walls, drains, dams, andstructures, planting vegetation, trees and shrubs, furnishings, necessaryeasements, and specifying a method of performing various kinds of work, and thesequence or timing of the work. The applicant/owner shall notify the buildinginspector, or his or her designee, in advance of his or her intent to beginclearing and construction work described in the erosion and sediment controlplan. The applicant shall have the erosion and sediment control plan on thesite during grading and construction.
(1) Administrative procedures: (A) If the ruling made by thebuilding official or his or her designee is unsatisfactory to theapplicant/owner, the applicant/owner may file a written appeal. The appeal ofplans for soil erosion and sediment control shall be to the zoning board ofreview or other appropriate board of review, as determined by the city or towncouncil.
(B) Appeal procedures shall follow current requirements forappeal to the above-mentioned boards.
(C) During the period in which the request for appeal isfiled, and until the time that a final decision is rendered on the appeal, thedecision of the building official or his or her designee remains in effect.
(2) Expert opinion: The official, or his or her designee, thezoning board of review, or other board of review, may seek technical assistanceon any soil erosion and sediment control plan. The expert opinion must be madeavailable in the office of the building official, or his or her designee, as apublic record prior to the appeals hearing.
ARTICLE V.
Section 1. Soil Erosion and Sediment Control Plan.
The erosion and sediment control plan shall be prepared by aregistered engineer, or landscape architect or a soil and water conservationsociety certified erosion and sediment control specialist, and copies of theplan shall be submitted to the building official or his or her designee.
The erosion and sediment control plan shall includesufficient information about the proposed activities and land parcels to form aclear basis for discussion and review and to assure compliance with allapplicable requirements of this chapter. The plan shall be consistent with thedata collection, data analysis, and plan preparation guidelines in the current"Rhode Island Soil Erosion and Sediment Control Handbook," prepared by the U.S.department of agriculture, soil conservation service, R.I. department ofenvironmental management, R.I. state conservation committee, and at a minimum,shall contain:
(1) A narrative describing the proposed land disturbingactivity and the soil erosion and sediment control measures and stormwatermanagement measures to be installed to control erosion that could result fromthe proposed activity. Supporting documentation, such as a drainage area,existing site, and soil maps shall be provided as required by the buildingofficial or his or her designee.
(2) Construction drawings illustrating in detail existing andproposed contours, drainage features, and vegetation; limits of clearing andgrading, the location of soil erosion and sediment control and stormwatermanagement measures, detail drawings of measures; stock piles and borrow areas;sequence and staging of land disturbing activities; and other informationneeded for construction.
(3) Other information or construction plans and details asdeemed necessary by the building official or his or her designee for a thoroughreview of the plan prior to action being taken as prescribed in this chapter.Withholding or delay of information may be reasons for the building official orhis or her designee to judge the application as incomplete and providinggrounds for disapproval of the application.
The contents of the erosion and sediment control plan shallclearly demonstrate how the principles, outlined in this subsection, have beenmet in the design and are to be accomplished by the proposed developmentproject.
(1) The site selected shall show due regard for naturaldrainage characteristics and topography.
(2) To the extent possible, steep slopes shall be avoided.
(3) The grade of created slopes shall be minimized.
(4) Post development runoff rates should not exceed predevelopment rates, consistent with other stormwater requirements which may bein effect. Any increase in storm runoff shall be retained and recharged asclose as feasible to its place of origin by means of detention ponds or basins,seepage areas, subsurface drains, porous paving, or similar technique.
(5) Original boundaries, alignment, and slope of watercourseswithin the project locus shall be preserved to the greatest extent feasible.
(6) In general, drainage shall be directed away fromstructures intended for human occupancy, municipal or utility use, or similarstructures.
(7) All drainage provisions shall be of a design and capacityso as to adequately handle stormwater runoff, including runoff from tributaryupstream areas which may be outside the locus of the project.
(8) Drainage facilities shall be installed as early asfeasible during construction, prior to site clearance, if possible.
(9) Fill located adjacent to watercourses shall be suitablyprotected from erosion by means of riprap, gabions, retaining walls, vegetativestabilization, or similar measures.
(10) Temporary vegetation and/or mulching shall be used toprotect bare areas and stockpiles from erosion during construction; thesmallest areas feasible shall be exposed at any one time; disturbed areas shallbe protected during the non growing months, November through March.
(11) Permanent vegetation shall be placed immediatelyfollowing fine grading.
(12) Trees and other existing vegetation shall be retainedwhenever feasible; the area within the dripline shall be fenced or roped off toprotect trees from construction equipment.
(13) All areas damaged during construction shall be resodded,reseeded, or otherwise restored. Monitoring and maintenance schedules, whererequired, shall be predetermined.
(1) The building official and/or his or her designee shallaccept plans for existing uses and facilities which by their nature may causeerosion and sedimentation, such as excavation and quarrying operations;provided, that this section shall not apply to article III, section 1(a)(1).Plans or satisfactory evidence to demonstrate that the existing operationsaccomplish the objectives of the section shall be submitted to the buildingofficial and/or his/her designee within one hundred twenty (120) days from thedate of the determination of applicability. Implementation of the plan shall beinitiated upon approval of the plan.
(2) When the preexisting use is a gravel extractionoperation, the property owner shall conduct the operation in a manner so as notto devalue abutting properties; to protect abutting property from wind erosionand soil erosion due to increased runoff, sedimentation of reservoirs, anddrainage systems; and to limit the depth of extraction so as not to interferewith the existing nearby water table.
ARTICLE VI. Enforcement.
Section 1. Performance bond.
(1) Before approving an erosion sediment control plan, thebuilding official or his or her designee may require the applicant/owner tofile a surety company performance bond, deposit of money, negotiablesecurities, or other method of surety, as specified by the building official orhis or her designee. When any land disturbing activity is to take place withinone hundred feet (100') of any watercourse or coastal feature or within anidentified flood hazard district, or on slopes in excess of ten percent (10%),the filing of a performance bond shall be required. The amount of the bond, asdetermined by the public works department, or in its absence, the buildingofficial or his or her designee, shall be sufficient to cover the cost ofimplementing all erosion and sediment control measures as shown on the plan.
(2) The bond or negotiable security filed by the applicantshall be subject to approval of the form, content, amount, and manner ofexecution by the public works director and the city or town solicitor.
(3) A performance bond for an erosion sediment control planfor a subdivision may be included in the performance bond of the subdivision.The posting of the bond as part of the subdivision performance bond does not,however, relieve the owner of any requirements of this ordinance.
(1) Whenever the building official or his or her designeefinds that a default has occurred in the performance of any terms or conditionsof the bond or in the implementation of measures secured by the bond, writtennotice shall be made to the applicant and to the surety of the bond by themunicipal solicitor. The notice shall state the nature of default, work to bedone, the estimated cost, and the period of time deemed by the buildingofficial or his or her designee to be reasonably necessary for the completionof the work.
(2) Failure of the applicant to acknowledge and comply withthe provisions and deadlines outlined in the notice of default means theinstitution, by the city or town solicitor, without further notice ofproceedings whatsoever, of appropriate measures to utilize the performancebond, to cause the required work to be completed by the city or town, bycontract or by other appropriate means as determined by the city or townsolicitor.
If a cash or negotiable securities deposit has been posted bythe applicant, notice and procedure are the same as provided for in subsection(b) of this section.
The performance bonding requirement shall remain in fullforce and effect for twelve (12) months following completion of the project, orlonger if deemed necessary by the building official or his or her designee.
Section 2. Approval – Expiration – Renewal.
(a) Every approval granted in this ordinance shall expire atthe end of the time period established in the conditions. The developer shallfully perform and complete all of the work required within the specified timeperiod.
(b) If the developer is unable to complete the work withinthe designated time period, he or she shall, at least thirty (30) days prior tothe expiration date, submit a written request for an extension of time to thebuilding official or his or her designee, stating the underlying reasons forthe requested time extension. If the extension is warranted, the buildingofficial or his or her designee may grant an extension of time up to a maximumof one year from the date of the original deadline. Subsequent extensions underthe same conditions may be granted at the discretion of the building official.
Section 3. Maintenance of measures.
Maintenance of all erosion sediment control devices underthis ordinance shall be the responsibility of the owner. The erosion sedimentcontrol devices shall be maintained in good condition and working order on acontinuing basis. Watercourses originating and located completely on privateproperty shall be the responsibility of the owner to their point of opendischarge at the property line or at a communal watercourse within the property.
Section 4. Liability of applicant.
Neither approval of an erosion and sediment control plan norcompliance with any condition of this chapter shall relieve the owner/applicantfrom any responsibility for damage to persons or property, nor impose anyliability upon the city or town for damages to persons or property.
ARTICLE VII.
Section 1. Inspections.
The provisions of this ordinance shall be administered andenforced by the building official or his or her designee. All work shall besubject to periodic inspections by the building official, or his or herdesignee. All work shall be performed in accordance with an inspection andconstruction control schedule approved by the building official or his or herdesignee, who shall maintain a permanent file on all of his or her inspections.Upon completion of the work, the developer or owner shall notify the buildingofficial or his or her designee that all grading, drainage, erosion andsediment control measures and devices, and vegetation and ground cover plantinghas been completed in conformance with the approval, all attached plans,specifications, conditions, and other applicable provisions of this ordinance.
(1) Upon notification of the completion by the owner, thebuilding official or his or her designee shall make a final inspection of thesite in question, and shall prepare a final summary inspection report of itsfindings which shall be retained in the department of inspections, and in thedepartment of public works' permanent inspections file.
(2) The applicant/owner may request the release of his or herperformance bond from the building official or his or her designee twelve (12)months after the final site inspection has been completed and approved. In theinstance where the performance bond has been posted with the recording of afinal subdivision, the bond shall be released after the building official orhis or her designee has been notified by the city or town planning director ofsuccessful completion of all plat improvements by the applicant/owner.
ARTICLE VIII. Notification.
Section 1. Noncompliance.
If, at any stage, the work in progress and/or completed underthe terms of an approved erosion and sediment control plan does not conform tothe plan, a written notice from the building official or his or her designee tocomply shall be transmitted by certified mail to the owner. The notice shallstate the nature of the temporary and permanent corrections required, and thetime limit within which corrections shall be completed as established insection 2(b) of this article. Failure to comply with the required correctionswithin the specified time limit is considered a violation of this ordinance, inwhich case the performance bond or cash or negotiable securities deposit issubject to notice of default, in accordance with sections 1(b) and 1(c) ofarticle VI.
Section 2. Penalties.
The approval of an erosion and sediment control plan underthis chapter may be revoked or suspended by the building official and all workon the project halted for an indefinite time period by the building officialafter written notification is transmitted by the building official to thedeveloper for one or more of the following reasons:
(1) Violation of any condition of the approved plan, orspecifications pertaining to it;
(2) Violation of any provision of this ordinance or any otherapplicable law, ordinance, rule, or regulation related to the work or site ofwork; and
(3) The existence of any condition or the performance of anyact constituting or creating a nuisance, hazard, or endangerment to human lifeor the property of others, or contrary to the spirit or intent of thisordinance.
In addition, whenever there is a failure to comply with theprovisions of this ordinance, the city or town has the right to notify theapplicant/owner that he or she has five (5) days from the receipt of notice totemporarily correct the violations and thirty (30) days from receipt of noticeto permanently correct the violations. Should the applicant owner fail to takethe temporary corrective measures within the five (5) day period and thepermanent corrective measures within the thirty (30) day period, the city ortown then has the right to take whatever actions it deems necessary to correctthe violations and to assert a lien on the subject property in an amount equalto the costs of remedial actions. The lien shall be enforced in the mannerprovided or authorized by law for the enforcement of common law liens onpersonal property. The lien shall be recorded with the records of land evidenceof the municipality, and the lien does incur legal interest from the date ofrecording. The imposition of any penalty shall not exempt the offender fromcompliance with the provisions of this ordinance, including revocation of theperformance bond or assessment of a lien on the property by the city or town.
(c) In addition to any other penalties provided in thissection, a city or town is authorized and empowered to provide by localordinance for penalties and/or fines of not more than two hundred fifty dollars($250) for failure to submit plans on or before the date on which the plan mustbe submitted, as stated in the determination of applicability. Each day thatthe plan is not submitted constitutes a separate offense.
ARTICLE IX.
Section 1. Definition of selected terms.
(a) Applicant: Any persons, corporation, or public orprivate organization proposing a development which would involve disturbance tothe natural terrain as defined in this ordinance.
(b) Coastal feature: Coastal beaches and dunes,barrier beaches, coastal wetlands, coastal cliffs, bluffs, and banks, rockyshores, and manmade shorelines as defined in "The State of Rhode Island CoastalResources Management Program" as amended June 28, 1983.
(c) Cut: An excavation. The difference between a pointon the original ground and a designated point of lower elevation on the finalgrade. Also, the material removed in excavation.
(d) Development project: Any construction,reconstruction, demolition, or removal of structures, roadways, parking, orother paved areas, utilities, or other similar facilities, including any actionrequiring a building permit by the city or town.
(e) Erosion: The removal of mineral and/or organicmatter by the action of wind, water, and/or gravity.
(f) Excavate: Any act by which earth, sand, gravel, orany other similar material is dug into, cut, removed, displaced, relocated, orbulldozed, and includes the resulting conditions.
(g) Fill: Any act by which earth, sand, or othermaterial is placed or moved to a new location above ground. The fill is alsothe difference in elevation between a point of existing undisturbed ground anda designated point of higher elevation of the final grade.
(h) Land disturbing activity: Any physical landdevelopment activity which includes such actions as clearance of vegetation,moving or filling of land, removal or excavation of soil or mineral resources,or similar activities.
(i) Runoff: The surface water discharge or rate ofdischarge of a given watershed after a fall of rain or snow, and includingseepage flows that do not enter the soil but run off the surface of the land.Also, that portion of water that is not absorbed by the soil, but runs off theland surface.
(j) Sediment: Solid material, both mineral and/ororganic, that is in suspension, is being transported, or has been moved fromits site or origin by wind, water, and/or gravity as a product of erosion.
(k) Soil erosion and sediment control plan: Theapproved document required before any person may cause a disturbance to thenatural terrain within the city or town as regulated by this ordinance. Also,referred to as erosion and sediment control plan, approved plan.
(l) Watercourse: The term watercourse means anytidewater or coastal wetland at its mean high water level, and any freshwaterwetland at its seasonal high water level, including, but not limited to, anyriver, stream, brook, pond, lake, swamp, marsh bog, fen, wet meadow, or anyother standing or flowing body of water. The edge of the watercourse shall beused for delineation purposes.
§ 45-46-5 Model ordinance – Soilerosion and sediment control. – ARTICLE I
Section 1. Purpose.
(a) The (city or town) council finds that excessivequantities of soil are eroding from certain areas that are undergoingdevelopment for non agricultural uses such as housing developments, industrialareas, recreational facilities, and roads. This erosion makes necessary costlyrepairs to gullies, washed out fills, roads, and embankments. The resultingsediment clogs the storm sewers and road ditches, muddies streams, leavesdeposits of silt in ponds and reservoirs, and is considered a major waterpollutant.
(b) The purpose of this ordinance is to prevent soil erosionand sedimentation from occurring as a result of non agricultural developmentwithin the city or town by requiring proper provisions for water disposal, andthe protection of soil surfaces during and after construction, in order topromote the safety, public health, and general welfare of the city or town.
ARTICLE II
Section 1. Applicability.
This ordinance is applicable to any situation involving anydisturbance to the terrain, topsoil or vegetative ground cover upon anyproperty within the city or town of ]]]]]]]] after determination ofapplicability by the building official or his or her designee based uponcriteria outlined in article III. Compliance with the requirements as describedin this ordinance shall not be construed to relieve the owner/applicant of anyobligations to obtain necessary state or federal permits.
ARTICLE III
Section 1. Determination of applicability.
(a) It is unlawful for any person to disturb any existingvegetation, grades, and contours of land in a manner which may increase thepotential for soil erosion, without first applying for a determination ofapplicability from the building official or his or her designee. Upondetermination of applicability, the owner/applicant shall submit a soil erosionand sediment control plan for approval by the building official or his or herdesignee, as provided in article IV. The application for determination ofapplicability shall describe the location, nature, character, and time scheduleof the proposed land disturbing activity in sufficient detail to allow thebuilding official or his or her designee to determine the potential for soilerosion and sedimentation resulting from the proposed project. In determiningthe applicability of the soil erosion and sediment control ordinance to aparticular land disturbing activity, the building official or his or herdesignee shall consider site topography, drainage patterns, soils, proximity towatercourses, and other information deemed appropriate by the building officialor his or her designee. A particular land disturbing activity shall not besubject to the requirements of this ordinance if the building official or hisor her designee finds that erosion resulting from the land disturbing activityis insignificant and represents no threat to adjacent properties or to thequality of any coastal feature or watercourse, as defined in Article IX. Thecurrent "Rhode Island Soil Erosion and Sediment Control Handbook," U.S.department of agriculture soil conservation service, R.I. department ofenvironmental management, and R.I. state conservation committee shall beconsulted in making this determination.
(2) This ordinance shall not apply to existing quarryingoperations actively engaged in excavating rock but shall apply to sand andgravel extraction operations.
(b) No determination of applicability is required for thefollowing:
(1) Construction, alteration, or use of any additions toexisting single family or duplex homes or related structures; provided, thatthe grounds coverage of addition is less than one thousand (1,000) square feet,and 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 landdisturbance do not exceed ten percent (10%).
(2) Use of a home garden in association with onsiteresidential use.
(3) Accepted agricultural management practices such asseasonal tilling and harvest activities associated with property utilized forprivate and/or commercial agricultural or silvacultural purposes.
(4) Excavations for improvements other than those describedin subsection (b)(1) of this section which exhibit all of the followingcharacteristics:
(i) Does not result in a total displacement of more thanfifty (50) cubic yards of material;
(ii) Has no slopes steeper than ten feet (10') vertical inone hundred feet (100') horizontal or approximately ten percent (10%); and
(iii) Has all disturbed surface areas promptly andeffectively protected to prevent soil erosion and sedimentation.
(5) Grading, as a maintenance measure, or for landscapingpurposes on existing developed land parcels or lots; provided, that all baresurface is immediately seeded, sodded or otherwise protected from erosiveactions, and all of the following conditions are met:
(i) The aggregate area of activity does not exceed twothousand (2,000) square feet; and
(ii) The change of elevation does not exceed two feet (2') atany point; and
(iii) The grading does not involve a quantity of fill greaterthan eighteen (18) cubic yards; except where fill is excavated from anotherportion of the same parcel and the quantity does not exceed fifty (50) cubicyards.
(6) Grading, filling, removal, or excavation activities andoperations undertaken by the city or town under the direction and supervisionof the director of public works for work on streets, roads, or rights-of-waysdedicated to public use; provided, that adequate and acceptable erosion andsediment controls are incorporated, in engineering plans and specifications,and employed. Appropriate controls apply during construction as well as afterthe completion of these activities. All work shall be undertaken in accordancewith the performance principles provided for in Article V, Section 1(c) and thestandards and definitions that may be adopted to implement the performanceprinciples.
ARTICLE IV
Section 1. Provisions of plan – Procedures.
(1) To obtain approval for a land disturbing activity asfound applicable by the building official or his or her designee under articleIII, an applicant shall first file an erosion and sediment control plan signedby the owner of the property, or authorized agent, on which the work subject toapproval is to be performed. The plan or drawings, as described in article V,shall include proposed erosion and sediment control measures to be employed bythe applicant or the applicant's agent.
(2) R.I. Freshwater Wetlands Permit: Where any portion of aproposed development requires approval under any provision of the general lawsapproved by the general assembly or where the approval contains provisions forsoil erosion and sediment controls, that approved plan shall be a component ofthe overall soil erosion and sediment control plan required under thisordinance for the development.
The city or town adopting this ordinance may collect fair andreasonable fees from each applicant requesting approval of a soil erosion andsediment control plan for the purposes of administering this ordinance.
(1) Within five (5) working days of the receipt of acompleted plan, the building official or his or her designee shall send a copyof the plan to the review authorities which may include the public worksdepartment, the planning board or planning department, and conservationcommission for the purpose of review and comment. The building official or hisor her designee may also, within five (5) working days, submit copies of theplan to other local departments or agencies, including the conservationdistrict that services their county, in order to better achieve the purposes ofthis chapter. Failure of these review authorities to respond within twenty-one(21) days of their receipt of the plan shall be deemed as no objection to theplan as submitted.
(2) The time allowed for plan review shall be commensuratewith the proposed development project, and shall be done simultaneously withother reviews.
(1) The building official or his or her designee shall takeaction in writing, either approving or disapproving the plan, with reasonsstated within ten (10) days after the building official has received thewritten opinion of the review authorities.
(2) In approving a plan, the building official or his or herdesignee may attach conditions deemed reasonably necessary by the reviewauthorities to further the purposes of this ordinance. The conditionspertaining to erosion and sediment control measures and/or devices, mayinclude, but are not limited to, the erection of walls, drains, dams, andstructures, planting vegetation, trees and shrubs, furnishings, necessaryeasements, and specifying a method of performing various kinds of work, and thesequence or timing of the work. The applicant/owner shall notify the buildinginspector, or his or her designee, in advance of his or her intent to beginclearing and construction work described in the erosion and sediment controlplan. The applicant shall have the erosion and sediment control plan on thesite during grading and construction.
(1) Administrative procedures: (A) If the ruling made by thebuilding official or his or her designee is unsatisfactory to theapplicant/owner, the applicant/owner may file a written appeal. The appeal ofplans for soil erosion and sediment control shall be to the zoning board ofreview or other appropriate board of review, as determined by the city or towncouncil.
(B) Appeal procedures shall follow current requirements forappeal to the above-mentioned boards.
(C) During the period in which the request for appeal isfiled, and until the time that a final decision is rendered on the appeal, thedecision of the building official or his or her designee remains in effect.
(2) Expert opinion: The official, or his or her designee, thezoning board of review, or other board of review, may seek technical assistanceon any soil erosion and sediment control plan. The expert opinion must be madeavailable in the office of the building official, or his or her designee, as apublic record prior to the appeals hearing.
ARTICLE V.
Section 1. Soil Erosion and Sediment Control Plan.
The erosion and sediment control plan shall be prepared by aregistered engineer, or landscape architect or a soil and water conservationsociety certified erosion and sediment control specialist, and copies of theplan shall be submitted to the building official or his or her designee.
The erosion and sediment control plan shall includesufficient information about the proposed activities and land parcels to form aclear basis for discussion and review and to assure compliance with allapplicable requirements of this chapter. The plan shall be consistent with thedata collection, data analysis, and plan preparation guidelines in the current"Rhode Island Soil Erosion and Sediment Control Handbook," prepared by the U.S.department of agriculture, soil conservation service, R.I. department ofenvironmental management, R.I. state conservation committee, and at a minimum,shall contain:
(1) A narrative describing the proposed land disturbingactivity and the soil erosion and sediment control measures and stormwatermanagement measures to be installed to control erosion that could result fromthe proposed activity. Supporting documentation, such as a drainage area,existing site, and soil maps shall be provided as required by the buildingofficial or his or her designee.
(2) Construction drawings illustrating in detail existing andproposed contours, drainage features, and vegetation; limits of clearing andgrading, the location of soil erosion and sediment control and stormwatermanagement measures, detail drawings of measures; stock piles and borrow areas;sequence and staging of land disturbing activities; and other informationneeded for construction.
(3) Other information or construction plans and details asdeemed necessary by the building official or his or her designee for a thoroughreview of the plan prior to action being taken as prescribed in this chapter.Withholding or delay of information may be reasons for the building official orhis or her designee to judge the application as incomplete and providinggrounds for disapproval of the application.
The contents of the erosion and sediment control plan shallclearly demonstrate how the principles, outlined in this subsection, have beenmet in the design and are to be accomplished by the proposed developmentproject.
(1) The site selected shall show due regard for naturaldrainage characteristics and topography.
(2) To the extent possible, steep slopes shall be avoided.
(3) The grade of created slopes shall be minimized.
(4) Post development runoff rates should not exceed predevelopment rates, consistent with other stormwater requirements which may bein effect. Any increase in storm runoff shall be retained and recharged asclose as feasible to its place of origin by means of detention ponds or basins,seepage areas, subsurface drains, porous paving, or similar technique.
(5) Original boundaries, alignment, and slope of watercourseswithin the project locus shall be preserved to the greatest extent feasible.
(6) In general, drainage shall be directed away fromstructures intended for human occupancy, municipal or utility use, or similarstructures.
(7) All drainage provisions shall be of a design and capacityso as to adequately handle stormwater runoff, including runoff from tributaryupstream areas which may be outside the locus of the project.
(8) Drainage facilities shall be installed as early asfeasible during construction, prior to site clearance, if possible.
(9) Fill located adjacent to watercourses shall be suitablyprotected from erosion by means of riprap, gabions, retaining walls, vegetativestabilization, or similar measures.
(10) Temporary vegetation and/or mulching shall be used toprotect bare areas and stockpiles from erosion during construction; thesmallest areas feasible shall be exposed at any one time; disturbed areas shallbe protected during the non growing months, November through March.
(11) Permanent vegetation shall be placed immediatelyfollowing fine grading.
(12) Trees and other existing vegetation shall be retainedwhenever feasible; the area within the dripline shall be fenced or roped off toprotect trees from construction equipment.
(13) All areas damaged during construction shall be resodded,reseeded, or otherwise restored. Monitoring and maintenance schedules, whererequired, shall be predetermined.
(1) The building official and/or his or her designee shallaccept plans for existing uses and facilities which by their nature may causeerosion and sedimentation, such as excavation and quarrying operations;provided, that this section shall not apply to article III, section 1(a)(1).Plans or satisfactory evidence to demonstrate that the existing operationsaccomplish the objectives of the section shall be submitted to the buildingofficial and/or his/her designee within one hundred twenty (120) days from thedate of the determination of applicability. Implementation of the plan shall beinitiated upon approval of the plan.
(2) When the preexisting use is a gravel extractionoperation, the property owner shall conduct the operation in a manner so as notto devalue abutting properties; to protect abutting property from wind erosionand soil erosion due to increased runoff, sedimentation of reservoirs, anddrainage systems; and to limit the depth of extraction so as not to interferewith the existing nearby water table.
ARTICLE VI. Enforcement.
Section 1. Performance bond.
(1) Before approving an erosion sediment control plan, thebuilding official or his or her designee may require the applicant/owner tofile a surety company performance bond, deposit of money, negotiablesecurities, or other method of surety, as specified by the building official orhis or her designee. When any land disturbing activity is to take place withinone hundred feet (100') of any watercourse or coastal feature or within anidentified flood hazard district, or on slopes in excess of ten percent (10%),the filing of a performance bond shall be required. The amount of the bond, asdetermined by the public works department, or in its absence, the buildingofficial or his or her designee, shall be sufficient to cover the cost ofimplementing all erosion and sediment control measures as shown on the plan.
(2) The bond or negotiable security filed by the applicantshall be subject to approval of the form, content, amount, and manner ofexecution by the public works director and the city or town solicitor.
(3) A performance bond for an erosion sediment control planfor a subdivision may be included in the performance bond of the subdivision.The posting of the bond as part of the subdivision performance bond does not,however, relieve the owner of any requirements of this ordinance.
(1) Whenever the building official or his or her designeefinds that a default has occurred in the performance of any terms or conditionsof the bond or in the implementation of measures secured by the bond, writtennotice shall be made to the applicant and to the surety of the bond by themunicipal solicitor. The notice shall state the nature of default, work to bedone, the estimated cost, and the period of time deemed by the buildingofficial or his or her designee to be reasonably necessary for the completionof the work.
(2) Failure of the applicant to acknowledge and comply withthe provisions and deadlines outlined in the notice of default means theinstitution, by the city or town solicitor, without further notice ofproceedings whatsoever, of appropriate measures to utilize the performancebond, to cause the required work to be completed by the city or town, bycontract or by other appropriate means as determined by the city or townsolicitor.
If a cash or negotiable securities deposit has been posted bythe applicant, notice and procedure are the same as provided for in subsection(b) of this section.
The performance bonding requirement shall remain in fullforce and effect for twelve (12) months following completion of the project, orlonger if deemed necessary by the building official or his or her designee.
Section 2. Approval – Expiration – Renewal.
(a) Every approval granted in this ordinance shall expire atthe end of the time period established in the conditions. The developer shallfully perform and complete all of the work required within the specified timeperiod.
(b) If the developer is unable to complete the work withinthe designated time period, he or she shall, at least thirty (30) days prior tothe expiration date, submit a written request for an extension of time to thebuilding official or his or her designee, stating the underlying reasons forthe requested time extension. If the extension is warranted, the buildingofficial or his or her designee may grant an extension of time up to a maximumof one year from the date of the original deadline. Subsequent extensions underthe same conditions may be granted at the discretion of the building official.
Section 3. Maintenance of measures.
Maintenance of all erosion sediment control devices underthis ordinance shall be the responsibility of the owner. The erosion sedimentcontrol devices shall be maintained in good condition and working order on acontinuing basis. Watercourses originating and located completely on privateproperty shall be the responsibility of the owner to their point of opendischarge at the property line or at a communal watercourse within the property.
Section 4. Liability of applicant.
Neither approval of an erosion and sediment control plan norcompliance with any condition of this chapter shall relieve the owner/applicantfrom any responsibility for damage to persons or property, nor impose anyliability upon the city or town for damages to persons or property.
ARTICLE VII.
Section 1. Inspections.
The provisions of this ordinance shall be administered andenforced by the building official or his or her designee. All work shall besubject to periodic inspections by the building official, or his or herdesignee. All work shall be performed in accordance with an inspection andconstruction control schedule approved by the building official or his or herdesignee, who shall maintain a permanent file on all of his or her inspections.Upon completion of the work, the developer or owner shall notify the buildingofficial or his or her designee that all grading, drainage, erosion andsediment control measures and devices, and vegetation and ground cover plantinghas been completed in conformance with the approval, all attached plans,specifications, conditions, and other applicable provisions of this ordinance.
(1) Upon notification of the completion by the owner, thebuilding official or his or her designee shall make a final inspection of thesite in question, and shall prepare a final summary inspection report of itsfindings which shall be retained in the department of inspections, and in thedepartment of public works' permanent inspections file.
(2) The applicant/owner may request the release of his or herperformance bond from the building official or his or her designee twelve (12)months after the final site inspection has been completed and approved. In theinstance where the performance bond has been posted with the recording of afinal subdivision, the bond shall be released after the building official orhis or her designee has been notified by the city or town planning director ofsuccessful completion of all plat improvements by the applicant/owner.
ARTICLE VIII. Notification.
Section 1. Noncompliance.
If, at any stage, the work in progress and/or completed underthe terms of an approved erosion and sediment control plan does not conform tothe plan, a written notice from the building official or his or her designee tocomply shall be transmitted by certified mail to the owner. The notice shallstate the nature of the temporary and permanent corrections required, and thetime limit within which corrections shall be completed as established insection 2(b) of this article. Failure to comply with the required correctionswithin the specified time limit is considered a violation of this ordinance, inwhich case the performance bond or cash or negotiable securities deposit issubject to notice of default, in accordance with sections 1(b) and 1(c) ofarticle VI.
Section 2. Penalties.
The approval of an erosion and sediment control plan underthis chapter may be revoked or suspended by the building official and all workon the project halted for an indefinite time period by the building officialafter written notification is transmitted by the building official to thedeveloper for one or more of the following reasons:
(1) Violation of any condition of the approved plan, orspecifications pertaining to it;
(2) Violation of any provision of this ordinance or any otherapplicable law, ordinance, rule, or regulation related to the work or site ofwork; and
(3) The existence of any condition or the performance of anyact constituting or creating a nuisance, hazard, or endangerment to human lifeor the property of others, or contrary to the spirit or intent of thisordinance.
In addition, whenever there is a failure to comply with theprovisions of this ordinance, the city or town has the right to notify theapplicant/owner that he or she has five (5) days from the receipt of notice totemporarily correct the violations and thirty (30) days from receipt of noticeto permanently correct the violations. Should the applicant owner fail to takethe temporary corrective measures within the five (5) day period and thepermanent corrective measures within the thirty (30) day period, the city ortown then has the right to take whatever actions it deems necessary to correctthe violations and to assert a lien on the subject property in an amount equalto the costs of remedial actions. The lien shall be enforced in the mannerprovided or authorized by law for the enforcement of common law liens onpersonal property. The lien shall be recorded with the records of land evidenceof the municipality, and the lien does incur legal interest from the date ofrecording. The imposition of any penalty shall not exempt the offender fromcompliance with the provisions of this ordinance, including revocation of theperformance bond or assessment of a lien on the property by the city or town.
(c) In addition to any other penalties provided in thissection, a city or town is authorized and empowered to provide by localordinance for penalties and/or fines of not more than two hundred fifty dollars($250) for failure to submit plans on or before the date on which the plan mustbe submitted, as stated in the determination of applicability. Each day thatthe plan is not submitted constitutes a separate offense.
ARTICLE IX.
Section 1. Definition of selected terms.
(a) Applicant: Any persons, corporation, or public orprivate organization proposing a development which would involve disturbance tothe natural terrain as defined in this ordinance.
(b) Coastal feature: Coastal beaches and dunes,barrier beaches, coastal wetlands, coastal cliffs, bluffs, and banks, rockyshores, and manmade shorelines as defined in "The State of Rhode Island CoastalResources Management Program" as amended June 28, 1983.
(c) Cut: An excavation. The difference between a pointon the original ground and a designated point of lower elevation on the finalgrade. Also, the material removed in excavation.
(d) Development project: Any construction,reconstruction, demolition, or removal of structures, roadways, parking, orother paved areas, utilities, or other similar facilities, including any actionrequiring a building permit by the city or town.
(e) Erosion: The removal of mineral and/or organicmatter by the action of wind, water, and/or gravity.
(f) Excavate: Any act by which earth, sand, gravel, orany other similar material is dug into, cut, removed, displaced, relocated, orbulldozed, and includes the resulting conditions.
(g) Fill: Any act by which earth, sand, or othermaterial is placed or moved to a new location above ground. The fill is alsothe difference in elevation between a point of existing undisturbed ground anda designated point of higher elevation of the final grade.
(h) Land disturbing activity: Any physical landdevelopment activity which includes such actions as clearance of vegetation,moving or filling of land, removal or excavation of soil or mineral resources,or similar activities.
(i) Runoff: The surface water discharge or rate ofdischarge of a given watershed after a fall of rain or snow, and includingseepage flows that do not enter the soil but run off the surface of the land.Also, that portion of water that is not absorbed by the soil, but runs off theland surface.
(j) Sediment: Solid material, both mineral and/ororganic, that is in suspension, is being transported, or has been moved fromits site or origin by wind, water, and/or gravity as a product of erosion.
(k) Soil erosion and sediment control plan: Theapproved document required before any person may cause a disturbance to thenatural terrain within the city or town as regulated by this ordinance. Also,referred to as erosion and sediment control plan, approved plan.
(l) Watercourse: The term watercourse means anytidewater or coastal wetland at its mean high water level, and any freshwaterwetland at its seasonal high water level, including, but not limited to, anyriver, stream, brook, pond, lake, swamp, marsh bog, fen, wet meadow, or anyother standing or flowing body of water. The edge of the watercourse shall beused for delineation purposes.
