The text
Sec. 29-26. - Plans.#
(a)
To obtain approval for a permit under the provisions of section 29-3 for land-disturbing activity determined to be applicable under this chapter, an applicant shall first file a soil erosion, runoff and sediment control plan and appropriate application form signed by the owner of the property, or authorized agent, on which the work subject to approval is to be performed. The plan or drawings, as described in section 29-58, shall include proposed erosion, runoff and sediment control measures to be employed by the applicant or his/her agent both during and after construction.
(b)
Rhode Island Freshwater Wetlands Permit: Where any portion of a proposed development requires approval under the Rhode Island Freshwater Wetlands Act (G.L. § 2-1-15 et seq.), as amended, and where said approval contains provisions for soil erosion, runoff and sediment controls, that approved site plan shall be a component of the overall soil erosion, runoff and sediment control plan required for the development.
(c)
Coastal Resource Management Council Assent: Where any portion of a proposed development requires approval under the Rhode Island Coastal Resources Management Plan (G.L. § 46-23 et seq.), as amended, and where said approval contains provisions for soil erosion, runoff and sediment controls, that approved site plan shall be a component of the overall soil erosion, runoff and sediment control plan required for the development.
(Ord. No. 2009-14, 11-28-09)
Sec. 29-27. - Fee schedule.#
The town, through the building official, shall collect plan review and inspection fees in accordance with the fee schedule below, from each applicant requesting approval of a soil erosion, runoff and sediment control plan for the purposes of administering this chapter.
Fee schedule: (1)
Single-family/duplex lots and subdivisions:
No. of Lots Fee
1 lot .....$100.00
2—4 lots .....200.00
5—9 lots .....500.00
10—15 lots .....750.00
16—25 lots .....1,000.00
25 plus lots .....1,000.00
plus $50.00 per lot for each lot over 25 (2)
Multifamily, commercial, industrial, parking lots, pipelines, utilities, land grading, quarrying, mining, landfills, demolition, and the like.
Land disturbance area Fee
Up to 30,000 sq. ft. .....$150.00
30,000 sq. ft.—1.5 acres .....300.00
2 acres—5 acres .....500.00
6 acres—10 acres .....750.00
11 acres—20 acres .....1,000.00
20 plus acres .....1,000.00
plus $50.00 per acre for each acre over 20
Should the building official determine that the proposed project is sufficiently complex, he/she may require that plans be reviewed by a professional engineering consultant, the fees for which will be the responsibility of the applicant.
(Ord. No. 2009-14, 11-28-09)
Sec. 29-28. - Plan review.#
(a)
Within five working days of the receipt of a completed plan and application form, the building official shall send a copy of such to review authorities, which shall include the superintendent of public works, the planning board administrative officer and the zoning enforcement officer for the purpose of review and comment. The building official may also, within the above time frame, submit copies of the plan to other local departments or agencies, including the planning board, the superintendent of wastewater, the conservation commission, and/or an engineering consultant in order to better achieve the purposes of this chapter. Failure of the aforementioned review authorities to respond within 15 working days of their receipt of the plan shall be deemed as no objection to the plan as submitted. Should an engineering consultant be required to assist with plan review, the above timeframe may be extended for an additional 15 days.
(b)
The time allowed for plan review shall be commensurate with the proposed development project, and shall be accomplished simultaneously with other reviews.
(c)
The submittal of plans for review shall amount to acknowledgement and authorization from the applicant for municipal officials to enter upon and inspect private property where work is proposed for the purpose of reviewing site conditions as they relate to soil erosion, surface water runoff, and sediment control.
(Ord. No. 2009-14, 11-28-09)
Sec. 29-29. - Plan approval/disapproval.#
(a)
The building official shall notify the applicant in writing, either approving or disapproving the plan, with reasons stated for disapproval, within ten days after he/she has received the written opinion of the aforementioned review authorities.
(b)
In approving a plan, the building official may attach such conditions deemed reasonably necessary by the aforementioned review authorities to further the purposes of this chapter. Such conditions pertaining to erosion, runoff and sediment control measures and/or devices may include, but are not limited to, the erection of walls, siltation control fences and/or barriers, drains, dams and structures, detention facilities, stormwater injection facilities, planting vegetation, trees, shrubs, furnishings, necessary easements, and specifying a method for performing various kinds of work and the sequence or timing thereof. The applicant shall notify the building official in writing at least 48 hours in advance of his/her intent to begin construction work described in the erosion, runoff and sediment control plan. The applicant shall have the erosion, runoff and sediment control plan on the site during grading and construction.
(Ord. No. 2009-14, 11-28-09)
Sec. 29-30. - Approval; expiration; renewal.#
(a)
Every approval granted herein shall expire two years after issuance of the permit. The applicant shall fully perform and complete all of the work required within the specified time period.
(b)
If the applicant is unable to complete the work within the designated time period, he/she shall, at least 30 days prior to the expiration date, submit a written request for an extension of time to the building official, setting forth the reasons underlying the requested time extension. If, at the discretion of the building official, the extension is warranted, the building official may grant an extension of time up to a maximum of one year from the date of the original expiration deadline. Subsequent extensions under the same conditions may be granted at the discretion of the building official.
(Ord. No. 2009-14, 11-28-09)
Sec. 29-31. - Maintenance of measures.#
Maintenance of all erosion sediment control devices required under this chapter shall be the responsibility of the applicant. Such erosion and sediment control devices shall be maintained in good condition and working order on a continuing basis. Watercourses originating and located completely on private property shall be the responsibility of the owner to the point of open discharge at the property line or at a communal watercourse within the property.
(Ord. No. 2009-14, 11-28-09)
Sec. 29-32. - Liability of an applicant.#
Neither approval of an erosion, runoff and sediment control plan nor compliance with any condition of this chapter shall relieve the applicant from any responsibility for damage to persons or property, nor impose any liability upon the town for damages to persons or property.
(Ord. No. 2009-14, 11-28-09)
Sec. 29-33. - Inspections.#
(a)
Periodic inspections. The provisions of this chapter shall be administered and enforced by the building official. All work shall be subject to periodic inspections by the building official or other appropriate municipal officials including but not limited to the code compliance coordinator, zoning enforcement officer, planning board administrative officer, and superintendent of public works. All work shall be performed in accordance with an inspection and construction control schedule approved by the building official, who shall maintain a permanent file of all inspections. Upon completion of the work, the applicant shall notify the building official that all grading, drainage, erosion and sediment control measures and devices, and vegetation and ground cover planting has been completed in conformance with the approved plans, specifications, conditions, and other applicable provisions of this chapter.
(b)
Final inspection. Upon such notification of the completion by the owner, the building official shall make a final inspection of the site and shall prepare a final summary inspection report of findings, which shall be retained in the building official's files and in the department of public works permanent inspections file. The building official shall not issue a final certificate of occupancy for any building until such time that a final inspection has been made and all work has been completed in accordance with the permit and approved plans. In the event that site work cannot be completed prior to the need for a certificate of occupancy, the building official may require the posting of a guarantee deposit as outlined in section 29-81 to ensure that site work is completed in accordance with the permit and approved plans. In the instance where a performance bond has been posted with the recording of a final subdivision, the bond shall not be fully released until such time that the building official has notified the planning board administrative officer of successful completion of all permit requirements.
(c)
Ongoing inspections shall be conducted by the town in accordance with a maintenance agreement between the town and the owner as outlined in section 29-62.
(Ord. No. 2009-14, 11-28-09)
Sec. 29-34. - Notification.#
If at any stage, the work in progress and/or completed under the terms of an approved erosion, runoff and sediment control plan does not conform to such plan, a written notice from the building official, to comply, shall be transmitted by certified mail to the owner. Such notice shall set forth the nature of the temporary and permanent corrections required and the time limit within which corrections shall be completed. Failure to comply with the required corrections within the specified time limit shall be considered in violation of this chapter, in which case the performance bond or guarantee deposit shall be subject to notice of default, in accordance with section 29-82.
(Ord. No. 2009-14, 11-28-09)
Sec. 29-35. - Appeals.#
If the ruling made by the building official is unsatisfactory to the applicant, the applicant may file a written appeal with the zoning board within ten days of the decision. Appeal procedures shall follow current requirements for appeal to the zoning board. During the period in which the request for appeal is filed, and until such time as a final decision is rendered on the appeal, the decision of the building official shall remain in effect. The zoning board may seek technical assistance on any soil erosion, runoff and sediment control plan. Such expert opinion must be made available in the office of the building official as a public record prior to the appeals hearing.
(Ord. No. 2009-14, 11-28-09)