The text
Sec. 29-1. - Purpose.#
(a)
The town council hereby finds that excessive quantities of soil are eroding from certain areas that are undergoing development for nonagricultural uses, such as storage/filling, housing developments, commercial construction, industrial areas, recreational facilities, and roads. Much of this soil erosion is the result of poorly planned and implemented site grading and surface water runoff controls. This runoff and resulting erosion results in conflicts and/or damage with neighboring properties and their owners, and makes costly repairs to drainage structures, gullies, washed out fills, roads, and embankments necessary. The resulting sediment clogs the storm sewers, road ditches and muddies streams, leaves deposits of silt in ponds and reservoirs and is considered a major water pollutant.
(b)
The purpose of this chapter is to prevent soil erosion, excessive surface water runoff, and sedimentation from occurring as a result of nonagricultural development within the town by requiring proper provisions for stormwater disposal and soil erosion during and after construction, in order to promote the safety, public health and general welfare of the town.
(Ord. No. 2009-14, 11-28-09)
Sec. 29-2. - Applicability.#
(a)
This chapter shall be applicable to any situation involving disturbance to the terrain (and its contours) and topsoil or vegetative ground cover upon any property within the town after determination of applicability by the building official, or his/her designee, or by the planning board when the development associated with the land disturbance is within its jurisdiction. In the cases within the planning board's jurisdiction, the planning board shall retain authority for the review and approval of all control measures associated with the land disturbing activity and the building official shall retain enforcement responsibilities based upon criteria outlined in section 29-3.
(b)
Compliance with the requirements described herein shall not be construed to relieve the applicant of any obligations to obtain necessary state or federal permits. The building official shall notify appropriate state or federal agencies prior to issuance of a permit for a land-disturbing activity controlled by the provisions of this chapter. The failure of the building official to notify any necessary state or federal agency shall not void any permit issued hereunder. The term building official as used throughout this chapter means the building official or his/her designee.
(Ord. No. 2009-14, 11-28-09)
Sec. 29-3. - Determination of applicability.#
(a)
It shall be unlawful for any person to disturb any existing vegetation, grades, or contours of land in a manner which may increase the potential for soil erosion without first applying for a determination of applicability from the building official. Upon determination of applicability, the applicant shall submit a soil erosion, runoff and sediment control plan for approval to the building official or to the planning board as provided in section 29-26. The application for determination of applicability shall describe the location, nature, character, and time schedule of the proposed land-disturbing activity in sufficient detail to allow the building official to determine the potential for soil erosion, surface water runoff, and sedimentation resulting from the proposed project. In determining the applicability of this chapter to a particular land-disturbing activity, the building official or planning board shall consider site topography, drainage patterns, soils, proximity to watercourses, and other such information as deemed appropriate. A particular land-disturbing activity shall not be subject to the requirements of this chapter if the building official finds that erosion resulting from the land-disturbing activity is insignificant and represents no threat to adjacent properties or to the quality of any coastal feature, flood plain, or watercourse, as defined herein. The current Rhode Island Soil Erosion and Sediment Control Handbook, prepared by the United States Department of Agriculture Natural Resource Conservation Service, the Rhode Island Department of Environmental Management, and the Rhode Island State Conservation Committee shall be consulted in making this determination. Grading and filling on any lot shall require approval per this chapter unless exempted as listed below.
(b)
No determination of applicability shall be required for the following:
(1)
Construction, alteration, or use, of any additions to existing single-family or duplex homes or related accessory structures, provided the grounds coverage of such addition is less than 1,000 square feet, and such construction, alteration and use does not occur within 200 feet of any watercourse or coastal feature, and the slopes at the site of land disturbance do not exceed ten percent.
(2)
Use of a home garden in association with onsite residential use.
(3)
Accepted agricultural management practices such as seasonal tilling and harvest activities associated with property utilized for private and/or commercial agricultural or silvicultural purposes;
(4)
Excavations for improvements other than those described in subsection (b)(1) above which exhibit all of the following characteristics:
a.
Does not result in a total displacement of more than 50 cubic yards of material;
b.
Has no slopes steeper than ten feet vertical in 100 feet horizontal or approximately ten percent; and
c.
Has all disturbed surface areas properly and effectively protected to prevent soil erosion and sedimentation.
(5)
Grading and filling, as a maintenance measure, or for landscaping purposes on existing developed land parcels or lots, provided that all bare surfaces are immediately seeded, sodded, or otherwise protected from erosive actions, and all of the following conditions are met:
a.
The aggregate area of such activity does not exceed 2,000 square feet, and
b.
The change of elevation does not exceed two feet at any point; and
c.
Has no slopes steeper than ten feet vertical in 100 feet horizontal or approximately ten percent; and
d.
The total grading does not involve a quantity of fill greater than 18 cubic yards.
(6)
Grading, filling, removal or excavation activities and operations undertaken by the town under the direction and supervision of the director of public works for work on streets, roads or rights-of-way dedicated to public use, provided, however, that adequate and acceptable erosion, runoff and sediment controls are incorporated in engineering plans and specifications and employed. Appropriate erosion controls shall apply prior to and during construction as well as after completion of such activities. All such work shall be undertaken in accordance with the performance principles provided for in section 29-59 and such standards and definitions as may be adopted to implement said performance principles.
(Ord. No. 2009-14, 11-28-09)
Sec. 29-4. - Definitions.#
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Applicant. Any person, corporation, or public or private organization proposing a development or project which would involve disturbance to the natural terrain as herein defined.
Building official. The building official or his/her designee.
Coastal feature. Coastal beaches and dunes, barrier beaches, coastal wetlands, coastal cliffs, bluffs, and banks, rocky shores, and manmade shorelines as defined in The State of Rhode Island Coastal Resources Management Program, as amended.
Cut. An excavation. The difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation.
Development project. Any construction, demolition, or removal of structures, roadways, parking, or other paved areas, utilities, or other similar facilities, including any action requiring a building permit by the town.
Erosion. The removal of mineral and/or organic matter by the action of wind, water, and/or gravity.
Excavate. Any act by which earth, sand, gravel, rock, or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated, or bulldozed, and including the conditions resulting therefrom.
Fill. Any act by which earth, sand, or other material is placed or moved to a new location above ground. The fill is also the difference in elevation between a point of existing undisturbed ground and a designated point of higher elevation of the final grade.
Land-disturbing activity. Any physical land development 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.
Runoff. The surface water discharge or rate of a given watershed after a fall of rain or snow and including seepage flows that do not enter the soil but runoff the surface of the land. Also, that portion of stormwater or snow melt that is not absorbed by the soil, but runs off the land surface onto abutting property.
Sediment. Solid material, both mineral and/or organic, that is in suspension, is being transported, or has been moved from its site or origin by wind, water, and/or gravity as a product of erosion.
Soil erosion, runoff and sediment control plan. The (approved) document required before any person may cause a disturbance to the natural terrain within the town as herein regulated. Also, herein referred to as an approved erosion and sediment control plan.
Subdivision. The process (and the result) of dividing a parcel of raw land into smaller build-able sites, blocks, streets, open space public areas and the designation of the location for utilities and other improvements.
Watercourse. Any tidewater or coastal wetland at its mean high water level, and any freshwater wetland at its seasonal high water level, including but not limited to, any river, stream, brook, pond, lake, swamp, marsh bog, fen, wet meadow, area subject to storm flowage, or any other standing or flowing body of water. The edge of the watercourse as herein defined shall be used for delineation purposes.
(Ord. No. 2009-14, 11-28-09)