The text
Footnotes:
--- (1) --- Cross reference— Animals, ch. 4; buildings and building regulations, ch. 6; land subdivision, ch. 15; planning board, ch. 17; redevelopment agency, ch. 19; solid waste, ch. 22; streets, sidewalks and other public places, ch. 24; waterways, ch. 28; zoning, ch. 30.
ARTICLE I. - IN GENERAL#
Secs. 12-1—12-30. - Reserved.#
ARTICLE II. - SOIL EROSION AND SEDIMENT CONTROL#
Footnotes:
--- (2) --- Cross reference— Earth removal, § 12-101 et seq.; excavations, § 24-31 et seq.
DIVISION 1. - GENERALLY#
Sec. 12-31. - Authority.#
This article is enacted pursuant to the authority granted to the town council by G.L. 1956, § 45-46-3.
(Ord. of 4-25-2001(1))
Sec. 12-32. - Findings and 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 housing developments, industrial areas, recreational facilities and roads. This erosion makes necessary costly repairs to gullies, washed out fills, roads, and embankments. 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 article is to prevent soil erosion and sedimentation from occurring as a result of nonagricultural development within the town by requiring proper provisions for water disposal, and the protection of soil surfaces during and after construction, in order to promote the safety, public health and general welfare of the town.
(Ord. of 4-25-2001(1), art. I)
Sec. 12-33. - Applicability.#
This article shall be applicable to any situation involving and disturbance to the natural terrain, topsoil or vegetative ground cover upon any property within the town after determination of applicability by the building official and his designee based upon criteria outlined in section 12-61. Compliance with the requirements as described in this article shall not be construed to relieve the owner/applicant of any obligations to obtain necessary state or federal permits.
(Ord. of 4-25-2001(1), art. II)
Sec. 12-34. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Applicant means any person, corporation, or public or private organization proposing a development, which would involve disturbance to the natural terrain.
Cut means 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 means any construction, reconstruction, 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 means the removal of mineral and/or organic matter by the action of wind, water, and/or gravity.
Excavate means 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 shall include the conditions resulting therefrom.
Fill means any act by which earth, sand, or other material is place or moved to a new location aboveground. 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 means 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 means the surface water discharge or rate of discharge of a given watershed after a fall of rain or snow and including seepage 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 the land surface.
Sediment means 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 and sediment control plan means the (approved) document required before any person may cause disturbance to the natural terrain within the town as regulated in this article. Also, referred to in this article as "erosion and sediment control plan," "approved plan."
Watercourse means 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, or any other standing or flowing body of water. The edge of the watercourse as defined in this definition shall be used for delineation purposes.
(Ord. of 4-25-2001(1), art. X)
Cross reference— Definitions generally, § 1-2.
Secs. 12-35—12-60. - Reserved.#
DIVISION 2. - EROSION AND SEDIMENT CONTROL PLAN#
Sec. 12-61. - Determination of applicability.#
(a)
(1)
It shall be unlawful for any person to disturb any existing vegetation, grades, and 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 or his designee. Upon determination of applicability, the owner/applicant shall submit a soil erosion and sediment control plan for approval by the building official or his designee, as provided in section 12-63. 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 or his designee to determine the potential for soil erosion and sedimentation resulting from the proposed project. In determining the applicability of this article to a particular land disturbing activity, the building official or his designee shall consider site topography, drainage patterns, soils, proximity to watercourses, and other such information as deemed appropriate by the building official or his designee. A particular land disturbing activity shall not be subject to the requirements of this article if the building official or his designee 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 or watercourse, as defined in this article. The current "Rhode Island Soil Erosion and Sediment Control Handbook," U.S. Department of Agriculture Soil Conservation Service, state department of environmental management, and state conservation committee shall be consulted in making this determination.
(2)
This article shall not apply to existing quarrying operations actively engaged in excavating rock but shall apply to sand and gravel extraction operations.
(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 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 100 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 on-site 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 purpose.
(4)
Excavations for improvements other than those described in subsection (b)(1) of this section 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 promptly and effectively protected to prevent soil erosion and sedimentation.
(5)
Grading, as a maintenance measure, or for landscaping purposes on existing developed land parcels or lots, provided that all bare surface is immediately seeded, sodded or otherwise protected from erosive actions and all of the following conditions are met:
a.
The aggregate of areas of such activity does not exceed 2,000 square feet;
b.
The change of elevation does not exceed two feet at any point; and
c.
The grading does not involve a quantity of fill greater than 18 cubic yards; except where fill is excavated from another portion of the same parcel and the quantity does not exceed 50 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 and sediment controls are incorporated in engineering plans and specifications and employed. Appropriate controls shall apply during construction as well as after the completion of these activities. All such work shall be undertaken in accordance with the performance principles provided for in section 12-65 and such standards and definitions as may be adopted to implement such performance principles.
(Ord. of 4-25-2001(1), art. III)
Sec. 12-62. - Designation of agent; authority to enter private property.#
(a)
The building official is hereby authorized to designate the administrative officer acting with the advice of the planning board and a registered engineer to approve all soil erosion and sediment control plans involving subdivisions and all land development projects.
(b)
The building official is hereby authorized to designate any person having the following qualifications to review and approve soil erosion and sediment control plans:
(1)
A registered engineer, surveyor, or landscape architect or a Soil and Water Conservation Society certified soil erosion and sediment control specialist; or
(2)
Any person who has attended a soil erosion and sediment control training session sponsored by the United States Department of Agriculture Soil Conservation Service and Conservation District.
(c)
The building official and his designee are hereby granted the authority to administer this article, including the right to enter private property when necessary for periodic inspections to ensure compliance with provision of the approved soil and erosion control plan.
(Ord. of 4-25-2001(1), art. IV)
Sec. 12-63. - Provisions of plan procedures.#
(a)
Plan.
(1)
To obtain approval for a land disturbing activity as found applicable by the building official or his designee under section 12-61, an applicant shall first file an erosion and sediment control plan 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 12-64, shall include proposed erosion and sediment control measures to be employed by the applicant or the applicant's agent.
(2)
State freshwater wetlands permit. Where any portion of a proposed development requires approval under the Rhode Island Freshwater Wetlands Act (G.L. 1956, § 2-1-18 et seq.), and where the approval contains provisions for soil erosion and sediment controls, that approved plan shall be a component of the overall soil erosion and sediment control plan required under this division for the development.
(b)
Fees. The town council may by resolution establish a fee schedule for each applicant requesting approval of a soil erosion and sediment control plan.
(c)
Plan review.
(1)
Within five working days of the receipt of a completed plan, the building official or his designee shall send a copy of the plan to the review authorities which may include the public works department, the planning board, or planning department and conservation commission for the purpose of review and comment. The building official or his designee may also within the above timeframe submit copies of the plan to other local departments or agencies, including the conservation district that services their county, in order to better achieve the purpose of this chapter. Failure of the review authorities to respond within 21 days of their receipt of the plan shall be deemed as no objection to the plan as submitted. Notwithstanding the time schedule set forth in this section, any plan specifically requiring planning board approval shall comply with the timeframes established in the subdivision and land development regulations.
(2)
The time allowed for plan review shall be commensurate with the proposed development project, and shall be done simultaneously with other reviews.
(d)
Plan approval.
(1)
The building official or his designee shall take action in writing either approving or disapproving the plan with reasons stated within ten days after the building official has received the written opinion of the review authorities as set forth in this section.
(2)
In approving a plan, the building official or his designee may attach such conditions deemed reasonably necessary by the review authorities to further the purposes of this article. The conditions pertaining to erosion and sediment control measures and/or devices, may include, but are not limited to, the erection of walls, drains, dams, and structures, planting vegetation, trees and shrubs, furnishings, necessary easements, and specifying a method of performing various kinds of work, and the sequence or timing thereof. The applicant/owner shall notify the building official or his designee in advance of his intent to begin clearing and construction work described in the erosion and sediment control plan. The applicant shall have the erosion and sediment control plan on the site during grading and construction.
(e)
Appeals.
(1)
Administrative procedures.
a.
If the ruling made by the building official or his designee is unsatisfactory to the applicant/owner, the applicant/owner may file a written appeal. The appeal of plans for soil erosion and sediment control shall be to the zoning board of review.
b.
Appeal procedures shall follow current requirements for appeal to the zoning board of review.
c.
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 or his designee shall remain in effect.
(2)
Expert opinion. The building official or his designee, the zoning board of review, may seek technical assistance on any soil erosion and sediment control plan. The expert opinion must be made available in the office of the building official or his designee as a public record prior to the appeals hearing.
(Ord. of 4-25-2001(1), art. V)
Sec. 12-64. - Plan preparation; contents.#
(a)
The erosion and sediment control plan shall be prepared by a registered engineer, or landscape architect or a Soil and Water Conservation Society certified soil erosion and sediment control specialist and five copies of the plan shall be submitted to the building official or his designee. However, plans requiring planning board approval shall follow the rules as contained in the subdivision and land development regulations.
(b)
The erosion and sediment control plan shall include sufficient information about the proposed activities and land parcels to form a clear basis for discussion and review and to ensure compliance with all applicable requirements of this article. The plan shall be consistent with the data 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, state department of environmental management, state conservation committee and at a minimum, shall contain:
(1)
A narrative describing the proposed land disturbing activity and the soil erosion and sediment control measures and stormwater management measures to be installed to control erosion that could result from the proposed activity. Supporting documentation, such as a drainage area, existing site, and soil maps shall be provided as required by the building official as his designee.
(2)
Construction drawings illustrating in detail existing and proposed contours, drainage features, and vegetation; limits of clearing and grading, the location of soil erosion and sediment control and stormwater management measures, detail drawings of measures; stock piles and borrow areas; sequence and staging of land disturbing activities; and other such information needed for construction.
(3)
Other information or construction plans and details as deemed necessary by the building official or his designee for thorough review of the plan prior to action being taken as prescribed in this chapter. Withholding or delay of such information may be reasons for the building official or his designee to judge the application as incomplete and grounds for disapproval.
(Ord. of 4-25-2001(1), art. VI(a), (b))
Sec. 12-65. - Performance principles.#
The contents of the erosion and sediment control plan shall clearly demonstrate how the principles outlined in this section have been met in the design and are to be accomplished by the proposed development project. (1)
The site selected shall show due regard for natural drainage characteristics and topography.
(2)
To the extent possible, steep slopes shall be avoided.
(3)
The grade of slopes created shall be minimized.
(4)
Post development runoff rates should not exceed predevelopment rates, consistent with other stormwater requirements, which may be in effect. Any increase in storm runoff shall be retained and recharged as close 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 watercourses within the project locus shall be preserved to the greatest extent feasible.
(6)
In general, drainage shall be directed away from structures intended for human occupancy, municipal or utility use, or similar structures.
(7)
All drainage provisions shall be of such a design and capacity so as to adequately handle stormwater runoff, including runoff from tributary upstream areas, which may be outside the locus of the project.
(8)
Drainage facilities shall be installed as early as feasible during construction, prior to site clearance, if possible.
(9)
Fill located adjacent to watercourses shall be suitably protected from erosion by means of rip-rap, gabions, retaining walls, vegetative stabilization, or similar measures.
(10)
Temporary vegetation and/or mulching shall be used to protect bare areas and stockpiles from erosion during construction; the smallest areas feasible shall be exposed at any one time; disturbed areas shall be protected during the nongrowing months, November through March.
(11)
Permanent vegetation shall be placed immediately following fine grading.
(12)
Trees and other existing vegetation shall be retained whenever feasible; the area within the dripline shall be fenced or roped off to protect trees from construction equipment.
(13)
All areas damaged during construction shall be resodded, reseeded, or otherwise restored. Monitoring and maintenance schedules, where required, shall be predetermined.
(Ord. of 4-25-2001(1), art. VI(c))
Sec. 12-66. - Existing uses and facilities.#
(a)
The building official and/or his designee shall accept plans for existing uses and facilities which by their nature may cause erosion and sedimentation, such as excavation and quarrying operations; provided, that this section shall not apply to subsection 12-61(a)(1). Plans or satisfactory evidence to demonstrate that the existing operations accomplish the objectives of this section shall be submitted to the building official and/or his designee within 120 days from the date of the determination of applicability. Implementation of the plan shall be initiated upon approval of the plan. However, the building official and/or his designee may determine and declare that a serious condition detrimental to the environment exists and direct that a plan be submitted in a shorter period of time.
(b)
When the preexisting use is a gravel extraction operation, the property owner shall conduct the operation in a manner so as not to devalue abutting properties; to protect abutting property from wind erosion and soil erosion due to increased runoff, sedimentation of reservoirs, and drainage systems; and to limit the depth of extraction so as not to interfere with the existing nearby water table.
(c)
The building official or his designee, may notify owners of property on which the existing uses and facilities which by their very nature may cause erosion and sedimentation, that they must request a determination whether the present use requires a soil erosion sediment control plan. The building official or his designee, shall specify what information is needed to make the determination.
(Ord. of 4-25-2001(1), art. VI(d))
Sec. 12-67. - Enforcement.#
(a)
Methods of surety.
(1)
Performance bond, deposit, etc.
a.
Before approving an erosion sediment control plan, the building official or his designee may require the applicant/owner to file a surety company performance bond, deposit of money, negotiable securities or other method of surety, as specified by the building official or his designee. When any land disturbing activity is to take place within 100 feet of any watercourse or coastal feature or within an identified flood hazard district, or on slopes in excess of ten percent, the filing of a performance bond shall be required. The amount of the bond, as determined by the building official or his designee shall be sufficient to cover the cost of implementing all erosion and sediment control measures as shown on the plan.
b.
The bond or negotiable security filed by the applicant shall be subject to approval of the form, content, amount, and manner of execution by the building official or his designee and the town solicitor.
c.
A performance bond for an erosion and sediment control plan for 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 requirement of this article.
(b)
Notice of default on performance secured by bond.
(1)
Whenever the building official or his designee shall find that a default has occurred in the performance of any terms or conditions of the bond or in the implementation of measures secured by the bond, written notice thereof shall be made to the applicant and to the surety of the bond by the town solicitor. The notice shall state the nature of default, work to be done, the estimated cost thereof, and the period of time deemed by the building official or his designee to be reasonably necessary for the completion of the work.
(2)
Failure of the applicant to acknowledge and comply with the provisions and deadlines outlined in such notice of default shall mean the institution, by the town solicitor, without further notice of proceedings whatsoever, of appropriate measures to utilize the performance bond to cause the required work to be completed by the town, by contract or by other appropriate means as determined by the town solicitor.
(c)
Notice of default on performance secured by cash or negotiable securities deposit. If a cash or negotiable securities deposit has been posted by the applicant, notice and procedure shall be the same as provided for in subsection (b)(2) of this section.
(d)
Release from performance bond conditions. The performance bonding requirement shall remain in full force and effect for 12 months following completion of the project, or longer if deemed necessary by the building official or his designee.
(Ord. of 4-25-2001(1), art. VII, § 1)
Sec. 12-68. - Approval, expiration, renewal.#
(a)
Every approval granted in this article shall expire at the end of the time period set forth in the conditions. The developer shall fully perform and complete all of the work required within the specified time period.
(b)
If the developer is unable to complete the work within the designated time period, he shall, at least 30 days prior to the expiration date, submit a written request for an extension of time to the building official or his designee, setting forth the reasons underlying the requested time extension. If the extension is warranted, the building official or his designee may grant an extension of time up to a maximum of one year from the date of the original deadline. Subsequent extensions under the same conditions may be granted at the discretion of the building official.
(Ord. of 4-25-2001(1), art. VII, § 2)
Sec. 12-69. - Maintenance of measures.#
Maintenance of all erosion-sediment control devices under this article shall be the responsibility of the owner. The erosion-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 their point of open discharge at the property line or at a communal watercourse within the property.
(Ord. of 4-25-2001(1), art. VII, § 3)
Sec. 12-70. - Liability of applicant.#
Neither approval of an erosion and sediment control plan nor compliance with any conditions of this article shall relieve the owner/applicant from any responsibility for damage to persons or property, nor impose any liability upon the town for damages to persons or property.
(Ord. of 4-25-2001(1), art. VII, § 4)
Sec. 12-71. - Inspections.#
(a)
Periodic inspections. The provisions of this article shall be administered and enforced by the building official or his designee. All work shall be subject to periodic inspections by the building official or his designee. All work shall be performed in accordance with an inspection and construction control schedule approved by the building official or his designee, who shall maintain a permanent file on all of his inspections. Upon completion of the work the developer or owner shall notify the building official or his designee that all grading, drainage, erosion and sediment control measures and devices, and vegetation and ground cover planting has been completed in conformance with the approval, all attached plans, specifications, conditions, and other applicable provisions of this article.
(b)
Final inspection.
(1)
Upon notification of the completion by the owner, the building official or his designee shall make a final inspection of the site in question and shall prepare a final summary inspection report of its findings, which shall be retained in the building department and in the department of public works permanent inspections file.
(2)
The applicant/owner may request the release of his performance bond from the building official or his designee 12 months after the final site inspection has been completed and approved. In the instance where the performance bond has been posted with the recording of a final subdivision, the bond shall be released after the building official or his designee has been notified by the town planning director of successful completion of all plat improvements by the applicant/owner.
(Ord. of 4-25-2001(1), art. VIII)
Sec. 12-72. - Noncompliance.#
If, at any state, the work-in-progress and/or completed under the terms of an approved erosion and sediment control plan does not conform to the plan, a written notice from the building official or his designee to comply shall be transmitted by certified mail to the owner. The notice shall set forth the nature of the temporary and permanent corrections required and the time limit within which corrections shall be completed as set forth subsection 12-73(b). Failure to comply with the required corrections within the specified time limit shall be considered in violation of this article, in which case the performance bond or cash or negotiable securities deposit shall be subject to notice of default, in accordance with subsections 12-67(b) and (c).
(Ord. of 4-25-2001(1), art. IX, § 1)
Sec. 12-73. - Penalties.#
(a)
Revocation or suspension of approval. The approval of an erosion and sediment control plan under this article may be revoked or suspended by the building official and all work on the project halted for an indefinite time period by the building official after written notification is transmitted by the building official to the developer for one or more of the following reasons:
(1)
Violation of any condition of the approved plan or specifications pertaining thereto;
(2)
Violation of any provision of this article or any other applicable law, ordinance, rule, or regulation related to the work or site of work; and
(3)
The existence of any condition or the performance of any act constituting or creating a nuisance, hazard, or endangerment to human life or the property of others, or contrary to the spirit or intent of this article.
(b)
Other penalties. In addition thereto, whenever there is a failure to comply with the provisions of this article, the town shall have the right to notify the applicant/owner that he has five days from the receipt of notice to temporarily correct the violations and 30 days from receipt of notice to permanently correct the violations. Should the applicant/owner fail to take the temporary corrective measures within the five-day period and the permanent corrective measures within the 30-day period, the town shall then have the right to take whatever actions it deems necessary to correct the violations and to assert a lien on the subject property in an amount equal to the costs of remedial actions. The lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. The lien shall be recorded with the records of land evidence of the municipality, and the lien shall incur legal interest from the date of recording. The imposition of any penalty shall not exempt the offender from compliance with the provisions of this article, including revocation of the performance bond or assessment of a lien on the property by the town.
(c)
Fine. In addition to any other penalties provided in this section there shall be a penalty/fine of not more than $250.00 for failure to submit plans on or before the date on which plans must be submitted, as stated in the determination of applicability. Each day that the plan is not submitted constitutes a separate offense.
(Ord. of 4-25-2001(1), art. IX, § 2)
Secs. 12-74—12-100. - Reserved.#
ARTICLE III. - EARTH REMOVAL#
Footnotes:
--- (3) --- Cross reference— Soil erosion and sediment control, § 12-31 et seq.; excavations, § 24-31 et seq.
Sec. 12-101. - Authority and purpose.#
Acting pursuant to the authority granted to the town by the town Charter, G.L. 1956, § 45-22-1 et seq., and G.L. 1956, § 45-24-27 et seq., this article is adopted for the purpose of promoting the health, safety, general welfare, and to effect uniform regulations within the town for removal of earth as defined in this article and in implementation of the goals and objectives of the town's comprehensive plan.
(Ord. of 8-25-1999, § 16-1)
Sec. 12-102. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Building official means the person appointed by the town manager and charged with the duty to enforce the provisions of the town building code and any other applicable federal, state and local laws or ordinances, rules and regulations, etc.
Permittee means the property owner of record to whom the town has issued a permit for earth removal in accordance with this article and other applicable state and federal laws, etc.
Removal of earth (earth removal) means the extraction, quarrying or removal of any soil, loam, sand, gravel, stone, clay, shale, or other earth materials from deposits on any tract of land on which it is found. Excluding, however, earth removal: (1)
Less than ten cubic yards of material in the aggregate in any year from any one lot.
(2)
Grading land for construction of a public roadway or other infrastructure.
(3)
For a subdivision in accordance with a plat plan or plans approved or in accordance with an ordinance of the town or any duly authorized board of authority thereof or for the construction of a building for which a building permit has been issued; provided, however, that the improvements and alterations proposed are implemented within a reasonable timeframe and that removal of such material necessarily excavated in connection with lawful construction of a building, structure, street, driveway, sidewalk, path or other appurtenance does not exceed that actually displaced by the portion of such buildings, structures, streets, driveways, sidewalks, or paths or other appurtenances below finished grade.
Zoning board of review means the zoning board of review of the town in accordance with the town Charter, and the general laws of the state.
(Ord. of 8-25-1999, § 16-2)
Cross reference— Definitions generally, § 1-2.
Sec. 12-103. - Permit required.#
As a condition precedent to any earth removal as defined in this article, a permit shall be required to be issued by the town council, through the town clerk's office, following a public hearing to be held by the town council, and upon submission of the documents and approvals required in this article and the payment of a permit fee of $250.00 to the town for the initial permit. A permit shall be valid for a two-year period from the date of issue. A renewal permit shall be good for a two-year period. The charge for a renewal permit shall be $50.00. The permittee shall be responsible for all costs of advertising and personal notice. The renewal dates for licenses shall be determined by the town council. (1)
The permit shall be issued only to the property owner of record (permittee) and shall not be transferable. This permit shall expire at the end of two years and must be renewed biannually on a schedule determined by the town council. Together with an application for renewal of an earth removal permit for another period, plans shall be submitted to the building official, showing any change or anticipated change from originally submitted plans of earth removal activities. If no changes are anticipated for the coming year, submission of new plans are not required, but the owner of record must so certify in writing upon application for renewal.
(2)
The town clerk, upon receipt of an application for renewal of an earth removal permit, shall notify the building official who shall make a field inspection of such earth removal activities to determine compliance with plans and approvals on file. The building official's written findings shall be sent to the town council with his determination of compliance or noncompliance. The town council, through the town clerk's office, may thereafter issue the permit for another period upon determination of compliance by the building official. The permit shall not be reissued until compliance with this article is demonstrated. If the building official is required to make more than one field inspection, there shall be a $25.00 charge for each subsequent inspection. Full payment must be received by the town prior to renewal of the permit.
(3)
In granting, issuing or reissuing a permit under this article, the town council may impose such other additional reasonable conditions specifically designed to safeguard the neighborhood and the town, which may include conditions as to the overall operations set forth in this article, and specifically, as relating to the site plan and restoration plan requirements, and limitations on the processing of material.
(Ord. of 8-25-1999, § 16-3)
Sec. 12-104. - Submission requirements.#
The following shall be submitted to the town council with the completed application for a permit: (1)
A letter from the building official documenting the zoning status of the lots on which earth removal is proposed to occur. A certification from the tax collector that taxes are current and a statement from the tax assessor listing any exemptions applying to the property shall be furnished with the application.
(2)
A site plan of the entire property using a scale of not less than 100 feet to the inch and with existing contours of not more than two feet, prepared by a registered engineer or land surveyor (registered in the state) in compliance with the provisions of this section and setting forth:
a.
Lot lines, list of abutters within 200 feet of the subject property, adjacent public streets, watercourses, wetlands, and a location plan at a scale of not less than 400 feet to the inch. The applicant shall be responsible for notifying the abutters of the date, time and place of the public hearing by certified mail. The return receipt for the certified mail shall be returned to the town clerk.
b.
Proper provision for vehicular traffic, service roads, control of entrances and exits to highways.
c.
The relation of temporary and future buildings and operations machinery to the removal areas, delineation of removal areas and depths with estimates of cubic yards of material to be removed; fencing; method of removal; distance of excavation to street and lot lines.
d.
A fencing plan shall be required which secures the area of earth removal. Specifically, when an excavation will have a depth of more than 15 feet or any slope greater than 1 to 2, the fence shall be a minimum of six feet in height. Fencing must be installed to control access to all areas under construction and all potentially dangerous site conditions. Fencing shall be installed in areas adjacent to zoned residential properties, town owned properties and public roadways. Gates which can be locked will be installed as required by the town council.
e.
Off-street parking shall be provided for all employees and all vehicles and equipment utilized in the extraction or transportation operations. The erosion and sediment control plan shall provide for safe storage of petroleum products and all chemicals used on the site.
(3)
A restoration plan prepared by a registered engineer or land surveyor (registered in the state) in compliance with the provisions of this section at the same scale required for the site plan in subsection (2) of this section and setting forth the existing contours of the tract of land with a contour interval not exceeding two feet, based upon classifications of preliminary samples of the material to be removed:
a.
The final contours of the tract of land with a contour level not exceeding five feet upon completion of earth removal operations; and
b.
The type of ground cover to be planted or applied upon completion of earth removal operations to effectively control wind and water erosion; provided however, if suitable fertile ground cover existed at the beginning of earth removal, enough of such ground cover to be held in reserve and reapplied for a minimum thickness of three inches. The land restoration plan and its implementation applies to the conversion of the site and its planned restoration. It is therefore, required that:
1.
A land restoration plan shall divide the parcel from which earth is to be excavated into various sections. No section shall be greater than five acres. The permittee may not commence excavation or ground cover removal on a second section until restoration has been completed on 75 percent of the previous section. Earth or ground cover removal shall not commence on a third section until restoration has been completed on the first section and 75 percent of the second section. Succeeding sections shall be excavated in the same manner. No excavation shall remain unrestored for a period in excess of four years. However, the town council may require a shorter period for restoration.
2.
The land restoration plan or any part thereof applied to an area shall be put into effect not later than one year of cessation of normal earth removal operation and completed by the timetable contained in the restoration plan.
3.
A certification by a registered engineer, landscape architect or registered land surveyor that the section as restored complies with the restoration plan.
4.
If the restoration plan set forth in subsections (3)b.1. and 2. of this section is not complied with, the town, by its town manager, is authorized and empowered to undertake and complete such plan and the owner of such tracts of land shall reimburse the town. The town shall have a lien recorded on such tracts of land for reimbursement of such expenses.
5.
An erosion and sediment control plan is to be submitted and approved by the building official, as required by the erosion and sediment control ordinance.
6.
A cash bond not to exceed $1,500.00 per acre of such section being excavated to ensure compliance with the restoration plan and reasonable additional amounts as required by the town council to ensure repair to town roads for damage by any hauling operation.
7.
A certification that any federal and state permits necessary have been received.
(4)
The applicant shall furnish as many copies of the material required as determined by the town clerk.
(5)
Other requirements as may be determined by the town council.
(6)
The permittee shall be required to furnish the town manager and building official with the name of the contact person within the company, the proper address where official correspondence shall be mailed, and related phone numbers. It is the permittee's sole responsibility to notify both the town manager and building official immediately upon a change of contact person or an address change.
(Ord. of 8-25-1999, § 16-4)
Sec. 12-105. - Operating conditions.#
(a)
Earth removal operations shall be limited to the hours between 7:00 a.m. and 6:00 p.m. of any Monday, Tuesday, Wednesday, Thursday, Friday or Saturday (except when one of the aforementioned days falls on a legal holiday). Upon written request the town manager or designee may authorize earth removal on Sunday, on a legal holiday, or the hours prior to 7:00 a.m. or after 6:00 p.m. for emergency purposes only. Specific written authorization shall be required. A copy shall be maintained on the premises and the property owner or his representative shall notify the town police department a minimum of 24 hours prior to the dates affected.
(b)
The initiation or lateral expansion of earth removal is hereby prohibited:
(1)
Within 200 feet of a public road.
(2)
Within 200 feet of neighboring lot lines.
(c)
The approved fencing plan must be maintained in good order by the property owner (permittee) and any changes from the original plan shall be approved prior to their implementation. The town manager or designee may approve changes to the fencing plan or may refer the matter to the full town council for further consideration if deemed necessary. Failure to properly maintain the approved fencing plan shall be grounds for revocation of the permit.
(d)
Calcium chloride or another type of product/application shall be applied at sufficient intervals as directed by the building official to reduce dust and mud on all nonsurfaced roads to be used for vehicular ingress or egress to the tract of land on which earth removal is to be conducted. If a product other than calcium chloride is being considered, the building official or designee shall pre-approve the product/application.
(e)
Where deemed appropriate by the town manager or designee, the installation, maintenance, and operation, by the applicant, of continuous recording instruments to measure the effectiveness of all equipment used for drilling, digging and hauling, to control or lessen noise, vibration, smoke, water pollution, odors, fly ash, dust, fumes, vapors, gases, and other forms of air pollution, toxic gases, heat, glare and fire or other safety hazards shall be required. The town manager or designee also may require that such recording instruments be tested at reasonable intervals, under the direction of the building official, to determine their accuracy and that the results of such test be filed with the town manager.
(f)
Drainage shall be provided to prevent the permanent collection and stagnation of surface waters or underground waters, and to prevent the flooding and erosion of surrounding property and the pollution of ponds and streams.
(g)
Earth removal shall not encroach closer than four feet to the groundwater table.
(1)
Groundwater table elevation determinations shall be made on all land from which earth products will be removed. Procedures for groundwater table elevation determinations shall be made in the same manner as required by the state department of environmental management (DEM) in their rules and regulations establishing minimum standards relating to location, design, construction and maintenance of individual sewage disposal systems.
(2)
Any changes made in such DEM regulations relative to groundwater level determination from time to time shall be considered part of this section.
(3)
The building official or designee shall witness all percolation and groundwater determinations and shall provide for the certification and accuracy of technical data recorded.
(4)
Permanent water bodies shall not be created as a result of earth removal activities, unless approved as part of a soil erosion and sediment control plan under the town's erosion and sediment control ordinance.
(h)
All trucking activity and all routes into/out of the proposed earth removal operation shall be safe and not contrary to the public convenience.
(1)
Any access to excavated areas or areas in the process of excavation shall be adequately posted with warning signs as determined by the town manager or designee.
(2)
Access roads shall be constructed with a curve so as to help screen the operation from public view.
(3)
The impact on traffic including but not limited to the trucking routes, times, and methods shall be subject to the approval of the chief of police. Routes must be cleaned, repaired and/or resurfaced by the earth removal operator as determined by the town manager or designee.
(i)
The use of explosives shall be done in accordance with the regulations for storage or handling of explosives as set forth by the state and applicable utility companies/agencies, etc.
(Ord. of 8-25-1999, § 16-5)
Sec. 12-106. - Appeals.#
Appeals from the decision of the town council shall be taken in the same manner as appeals from decisions of the zoning board of review as set forth in G.L. 1956, § 45-24-69.
(Ord. of 8-25-1999, § 16-6)
Sec. 12-107. - Revocation of licenses.#
Any permit issued under the authority of this section by the town council may be revoked for violations of any of the provisions hereof after notice and a public hearing. The town council shall fix a reasonable time for the hearing on revocation, give public notice thereof of at least ten calendar days prior to the date of hearing, as well as due notice to the party in interest, by regular mail and decide the same within a reasonable time, which decision shall be in writing and contain appropriate findings of fact. Upon hearing, any party may appear in person or by agent or by attorney.
(Ord. of 8-25-1999, § 16-7)
Sec. 12-108. - Other provisions.#
(a)
Any person, firm or corporation violating any of the provisions of this article shall be subject to a fine as a penalty not exceeding $100.00 for each offense; each and every violation and nonconformance of this chapter, each day that any provision shall have been violated, shall be construed as a separate and distinct violation thereof. All such fines shall be to the benefit of the town.
(b)
Suit may be brought in the superior court in the name of the town to restrain any violation of or compel compliance with the provisions of this section.
(Ord. of 8-25-1999, § 16-8)
Secs. 12-109—12-140. - Reserved.#
ARTICLE IV. - JUNKED OR ABANDONED MOTOR VEHICLES, MOTORIZED EQUIPMENT, VEHICLE PARTS#
Sec. 12-141. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Inoperable means that the motor vehicle(s) or motorized equipment is no longer functional for the purpose for which it was originally manufactured.
Junked or abandoned motor vehicle or motorized equipment means a motor vehicle or motorized equipment used in construction or used for transportation on land or water, that is inoperable and has remained on private or public property for longer than 45 days. Included within this definition are trailers and other equipment that are towed or utilized as an accessory by a motor vehicle or motorized equipment.
Parts, associated, means parts associated with the restoration of motor vehicle(s) or motorized equipment.
Parts, vehicle, means parts of motor vehicle(s) or motorized equipment, including bodies, engines, tires, parts or accessories thereto.
Private property means all property not described as public property located within the town.
Public property means all property owned or controlled by the town, state, or federal government, including property to which the town holds tax title.
(Ord. of 7-28-2004, § 1)
Sec. 12-142. - Prohibitions.#
(a)
Generally. No owner of property shall deposit, store, keep or permit to be deposited, stored or kept, upon private or public property junked or abandoned motor vehicle(s), motorized equipment or parts as defined in section 12-141 hereof except in an enclosed garage or structure allowed by the town's zoning article(s). A fixed or permanent structure in compliance with the town zoning article(s) with a permanent roof such as a carport, which is defined as a structure with a fixed roof that will have three open sides and is attached to a structure, is also an acceptable storage facility.
(b)
Properties that have been enrolled under the provisions of the Farm, Forest, and Open Space Act, G.L. § 44-27-3. Classification of farmland, shall be exempt from the provisions of this article if it can be demonstrated that the motor vehicle(s) motorized equipment or parts in question are required for the essential operation of the farm. The chief of police may require that the motor vehicle(s), motorized equipment or parts be relocated within the property limits and covered to specifications determined by the chief of police.
(Ord. of 7-28-2004, § 2)
Sec. 12-143. - Temporary permit.#
(a)
The chief of police (chief), or his/her designee, for cause shown may issue a temporary permit for a period not to exceed 180 days for the keeping or storing of a motor vehicle or motorized equipment as defined in section 12-141. The applicant for the temporary permit shall be the owner of the property on which the motor vehicle or motorized equipment are to be stored. A temporary permit may be extended for a period not to exceed 180 days. In the case of a vehicle being restored, and the restoration is substantially complete, the chief of police may grant an additional extension of 180 days. There shall be no charge for issuance of a temporary permit or extensions thereof.
(b)
Temporary permits may be issued for the following:
(1)
Motorized vehicle(s), antique vehicle(s) and motorized equipment being restored by the property owner.
(2)
Storage of parts associated with the restoration of motor vehicle(s) or motorized equipment.
(3)
Temporary storage of motor vehicle(s), motorized equipment, and vehicle parts which are in violation of this article pending removal from the property.
(4)
Other uses that may be specified in the rules and regulations for issuance of a temporary permit.
(c)
The basis for issuance of a temporary permit is as follows:
(1)
The chief of police, or designee, for cause shown may issue a temporary permit to store one motor vehicle, one piece of motorized equipment and associated parts, in compliance with and as defined in section 12-141 on public or private property.
(2)
The chief of police shall grant no more than two temporary permits per property at any one time.
(3)
The applicant for a temporary permit shall be the owner of the property on which the motor vehicle(s), motorized equipment, and associated parts are stored.
(4)
The owner of a business who is not the property owner may apply for a temporary permit with the written permission of the property owner and provided the request is directly related to a business being conducted on the site and that business is in compliance with the town's zoning article(s).
(5)
A written description or report and photograph(s) of each motor vehicle, motorized equipment and associated parts permitted shall be kept on file by the chief of police.
(6)
The chief of police shall be empowered to require those requesting permits to relocate (on the owner's property) and/or to cover, to specifications determined by the chief of police, the motor vehicle, motorized equipment and associated parts, as a condition of permit issuance.
(7)
The chief of police may, with cause shown, revoke the temporary permit at any time. Five calendar days' notice is required to the permit holder prior to revocation of the permit, unless a health or safety issue exists. If a health or safety issue exists (including environmental pollution) as determined by the chief, the temporary permit may be revoked immediately.
(8)
A copy of each temporary permit and any extension(s) granted shall be filed with the town's building and zoning officer(s) upon its issuance to ensure compliance with the town's zoning article(s).
(d)
The chief of police may, with the approval of the public safety director, issue rules and regulations controlling the issuance of a temporary permit. A copy of the approved rules and regulations and any amendments thereto, shall be filed with the town clerk. Rules and regulations, including identification of additional items for which a temporary permit may be issued, shall be in accordance with this section of this article.
(Ord. of 7-28-2004, § 3)
Sec. 12-144. - Notice of violation.#
The police department shall, upon observing a violation of this article, issue a notice of violation to the property owner. The notice shall direct the property owner to remove or cause to be removed from their property the junked or abandoned motor vehicle(s), motorized equipment and/or vehicle parts as listed in the violation notice within 35 days of the date of the notice. The chief may, for cause shown, extend the time period not to exceed 120 days from the date of the original notice subject to submission of a plan of removal that is acceptable to the chief. The chief may grant an additional 120 days if removal is underway and substantially in compliance with the plan. Failure to remove the junked or abandoned motor vehicle(s), motorized equipment or vehicle parts as listed in the notice of violation within the prescribed time shall result in a citation or summons issued to the property owner.
Sec. 12-145. - Penalty for violation.#
The penalty for violation of this article shall be $15.00 per day from the issuance of a notice of violation until such time as the violation ceases to exist.
(Ord. of 7-28-2004, § 5)
Sec. 12-146. - Exclusions.#
Holders of junkyard licenses issued by the Town of Burrillville shall be excluded from the provisions of this article for the premises licensed as a junkyard.
(Ord. of 7-28-2004, § 6)
ARTICLE V. - POST CONSTRUCTION STORMWATER CONTROL#
Sec. 12-147. - Purpose.#
Unmitigated stormwater from areas altered by development may pose public health and safety threats. Potential contaminants in stormwater runoff may include suspended solids, nitrogen, phosphorus, hydrocarbons, heavy metals, pathogenic organisms (bacteria and viruses), and road salts.
This article establishes the administrative mechanisms necessary for the town to ensure proper stormwater management. The article is written to work in conjunction with current state regulations.
(Ord. of 8-27-2008(1))
Sec. 12-148. - Applicability.#
This article shall apply to any major or minor subdivision, land development project, or other development occurring within the town involving an area or areas of disturbance which total one acre or more. No person shall engage in such development activities without receiving approval from the director of public works or designee of a stormwater management plan for the development.
(Ord. of 8-27-2008(1))
Sec. 12-149. - Technical standards.#
All applicants must develop and submit to the director of public works or designee a proposed stormwater management plan, which must address stormwater management for the development which meets all the requirements of this article. All such stormwater management shall be consistent with the Rhode Island Stormwater Design and Installation Standards Manual and the Rhode Island Soil Erosion and Sediment Control Handbook, as amended. The stormwater management plan must include a description of proposed best management practices.
Best management practices (BMPs), detailed site plans, and a written narrative that, when implemented, provides protection of receiving waters by reducing pollutant loadings and other negative impacts associated with changes in land use as described below. Structural BMPs are described as structural stormwater devices that temporarily detain and treat stormwater runoff in order to reduce pollutant loadings. Typical BMPs include wet ponds, extended detention ponds, infiltration trenches, created wetlands, grassed swales and the like. (a)
Performance standards. Stormwater management plans must incorporate best management practices for water quality control, which in combination are demonstrated to reduce the average annual total suspended solids in post development runoff by 80 percent. Development in drinking water supply watersheds or watersheds where impaired waters as defined by the State's 303(d) list exist may be held to higher standards.
(b)
Disallowed stormwater best management practices. The placement of structural BMPs and other stormwater structures within a floodplain shall be avoided. If there is no alternative, the applicant must show what effects, if any, the tail waters created by the floodplain will have on the outflow and effective storage capacity of the detention facility.
(c)
Facilitation of maintenance. Facilities that require maintenance shall be designed to minimize the need for regular maintenance, facilitate required maintenance, and ensure accessibility of components that require maintenance. At a minimum, all stormwater management plans must incorporate structural BMPs with appropriate maintenance design in accordance with the Rhode Island Stormwater Design and Installation Standards Manual, as amended; or the Rhode Island Soil Erosion and Sediment Control Handbook, as amended.
(Ord. of 8-27-2008(1))
Sec. 12-150. - Maintenance requirements for best management practices.#
(a)
Routine maintenance and repair procedures. Preventative maintenance procedures are required to maintain the intended operation and safe condition of the structural BMPs by greatly reducing the occurrence of problems and malfunctions. To be effective, preventative maintenance shall be performed on a regular basis and include such routine procedures as training of staff, periodic inspections, grass cutting elimination of mosquito breeding habitats, and pond maintenance. Disposal of sediment and debris must occur on a regular basis (unless otherwise specified within an approved plan), at suitable disposal sites or recycling sites and comply with applicable local, state and federal regulations.
Corrective maintenance procedures are required to correct a problem or malfunction at a stormwater management facility and to restore the facility's intended operation and safe condition. Based upon the severity of the problem, corrective maintenance must be performed on an as-needed or emergency basis and include such procedures as structural repairs, removal of debris, sediment and trash removal which threaten discharge capacity, erosion repair, snow and ice removal, fence repair, mosquito extermination, and restoration of vegetated and non-vegetated linings.
(b)
General maintenance standards for stormwater best management practices. Maintenance design and maintenance procedures for all structural BMPs shall be in accordance [with the] Rhode Island Stormwater Design and Installation Standards Manual, as amended; or the Rhode Island Soil Erosion and Sediment Control Handbook, as amended. Stormwater management plans shall demonstrate appropriate maintenance design and procedures for each proposed best management practice.
A maintenance schedule for each type of structural BMP must be included in the stormwater management plan. These schedules shall list the frequency and type of maintenance operations necessary along with the legally responsible party's name, address, and telephone number. If the stormwater drainage system is to be deeded to the local municipality the applicant must obtain a letter from the municipality acknowledging maintenance responsibility and intent of ownership.
(Ord. of 8-27-2008(1))
Sec. 12-151. - Stormwater management plans.#
(a)
Calculations. In addition to the information required for stormwater management plans the following information must also be included with the application, where applicable:
(1)
The area of each sub-watershed as identified on final site plans.
(2)
The area of impervious surfaces (including all roads, driveways, rooftops, sidewalks, etc.) for each sub-watershed as identified in the Rhode Island Stormwater Design and Installation Standards Manual, as amended.
(3)
Weighted curve numbers, (CN) as determined by the SCS TR-55 method, for each sub-watershed as identified in the Rhode Island Stormwater Design and Installation Standards Manual, as amended.
(4)
Invert elevations for all applicable structural BMPs. In addition, the elevations for permanent and/or flood pool stages, including peak discharge rates for each stage, within all stormwater basins are required.
(5)
The total volume capacity for structural BMPs (e.g., infiltration basin, detention basins, wet ponds, etc.). Volumes must be segregated into permanent and flood pool stage volumes where applicable. Furthermore, the volumes of all sediment storage (basins, forebays, etc.) areas must also be shown.
(6)
The water quality volume must also be calculated for each sub-watershed. All relevant variables such as curve numbers and time of concentration, along with the supporting computations and worksheets must be included.
(b)
Narrative description. As part of the stormwater management plan, the applicant shall include a discussion of the protection of environmental resource functions and values. The following outline is provided as guidance for preparing a narrative description for the stormwater management plan. Depending on the size and scope of the proposed project, the amount of information required by the permitting agency may vary. Therefore, it is advised to consult the appropriate permitting agency for specific requirements.
(1)
Site description—general topography, soil types, current vegetative composition and relative abundance, existing infrastructure, and/or adjacent properties, identification of major resources (e.g., wetlands, groundwater, surface waters, etc.), name of receiving water(s), potential water quality and/or hydrologic impacts on resources.
(2)
Site input data—watershed characteristics, area of all impervious surfaces, total area of site, annual mean rainfall, runoff coefficients, curve numbers for various land uses, peak discharge rates.
(3)
Land use planning and source control plan.
(4)
Best management practices—identify the type of BMP(s) employed both during and post construction and justification for selection, including any deviation from the Rhode Island Stormwater Design and Installation Standards Manual, as amended, and the potential effect on pollutant removal efficiency.
(5)
Technical feasibility—of BMPs including sizing, location, hydraulic and environmental impacts. Alternatives, which were considered but determined not to be feasible, should also be discussed.
(6)
Maintenance schedule—of BMPs to be used, both during and post construction including frequency of inspection and maintenance.
(Ord. of 8-27-2008(1))
Sec. 12-152. - Maintenance agreements.#
Maintenance agreements shall provide written, contractual documentation, which demonstrates compliance with this article and legal arrangements for the upkeep of the structural BMPs to assure their functionality and safety in accordance with this article.
Maintenance agreements, which describe all maintenance schedules and requirements, must be developed for each structural BMP unless the facility is dedicated to and accepted by the town. (a)
Recognition of municipal inspection requirements. Maintenance agreements shall include a reasonable and regular schedule for the director of public works or designee to conduct on-site inspection of the functionality and safety of the structural BMPs. Inspection schedules shall be based on the complexity and frequency of maintenance needs and shall be subject to the approval of the director of public works or designee. At a minimum, maintenance frequency should be in accordance with the Rhode Island Stormwater Design and Installation Standards Manual, as amended.
(b)
Record keeping for maintenance activities. Maintenance agreements shall include provisions for maintenance record keeping. All activities conducted in accordance with a maintenance agreement must be recorded in a work order and inspection log. Timely updates of the log shall be the responsibility of the structural BMP's owner or other responsible party pursuant to this article. Review of the maintenance and inspection log shall be performed by the director of public works or designee to determine the effectiveness of operation, maintenance and safety activities. Reviews shall occur as part of each on-site inspection. Additional reviews may be made as deemed appropriate by the director of public works or designee.
(c)
Responsibility for maintenance to assure functionality and safety. Appropriate maintenance to assure functionality and safety of the structural BMPs shall be the responsibility the owner or may be assumed by another party via a written contractual arrangement in accordance with this article.
(d)
Alterations to maintenance agreements. Any alterations in maintenance responsibility or alterations to maintenance agreements must be reviewed and approved by the director of public works or designee. If portions of the land serviced by a structural BMP are to be sold, written contractual arrangements shall be made to pass all responsibility of the maintenance agreement to the purchaser and shall be subject to review and approval of the planning board. All alterations to maintenance agreements shall be recorded in accordance with this article.
(e)
Recordation of maintenance agreements. All maintenance agreements and alterations to maintenance agreements shall be recorded in the land evidence records of the town. Copies of all maintenance agreements and alterations to maintenance agreements shall be included in stormwater management plans. Recordation of maintenance agreements in accordance with this article shall be the responsibility of the owner.
(Ord. of 8-27-2008(1))
Sec. 12-153. - Application fees.#
The director of public works or designee shall be empowered to collect fees from permit applicants which are commensurate with the cost of administering this article.
(Ord. of 8-27-2008(1))
Sec. 12-154. - Responsibility for administration.#
The director of public works or designee shall administer, implement, and enforce the provisions of this article. Any powers granted or duties imposed upon the director of public works or designee may be delegated in whole or in part in writing by the director of public works or designee to persons or entities acting in the interest of or in the employ of the town, including but not limited to the building official, the town engineer, the town planner, the planning board and/or the conservation commission.
(Ord. of 8-27-2008(1))
Sec. 12-155. - Enforcement.#
(a)
Notification of violation. Whenever there is a failure to comply with the provisions of this article, the director of public works or designee shall have the right to notify the applicant/owner that he or she has five calendar days from the receipt of the notice to temporarily correct the violations and 30 calendar days from receipt of notice to permanently correct the violations.
In the event that a structural BMP becomes a danger to public safety or public health, or in need of maintenance or has not been maintained in accordance with the maintenance agreement, the director of public works or designee shall so notify the responsible person in writing by certified mail. Upon receipt of that notice, the responsible person shall have 14 calendar days to complete maintenance and repair of the structural BMP in a manner that is approved by the municipality. If the responsible person fails or refuses to perform such maintenance and repair, the municipality may immediately proceed to do so and enforce penalties and/or liens as described herein.
(b)
Enforcement of penalties and liens. Should the applicant/owner fail to take the corrective actions, the town shall then have the right to take the available appropriate remedies it deems necessary to correct the violations including fining the owner pursuant to section 1-6 of this Code and to assert a lien on the subject property in an amount equal to the costs of remedial actions. The lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. The lien shall be recorded in the land evidence records of the town, and shall incur legal interest from the date of recording. The imposition of any penalty shall not exempt the offender from compliance with the provisions of this article, including assessment of a lien on the property.
Whenever a structural BMP is not implemented, operated, and/or maintained in accordance with the stormwater management plan which has been approved in accordance with this article, penalties shall be imposed in accordance with section 1-6 of this Code.
(Ord. of 8-27-2008(1))
Secs. 12-156—12-169. - Reserved.#
ARTICLE VI. - PROHIBITION OF ILLICIT DISCHARGES#
Sec. 12-170. - Definitions.#
The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Illegal discharge. Any direct or indirect non-stormwater discharge to the municipal storm sewer system, except as exempted in section 12-171(a) of this article.
Illicit connections. An illicit connection is defined as either of the following: (1) any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the municipal storm sewer system including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or (2) any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
Municipal storm sewer system. Publicly-owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
Non-stormwater discharge. Any discharge to the municipal storm sewer system that is not composed entirely of stormwater.
Stormwater. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
(Ord. of 8-27-2008(2))
Sec. 12-171. - Illicit discharge and illicit connections.#
(a)
Prohibition of illicit discharges. Non-stormwater discharge is expressly prohibited from entering the municipal storm sewer system, unless the discharge has received all required federal, state and local permits including the Rhode Island Pollutant Discharge Elimination System (RIPDES) or is included in one of the following categories of discharges: discharges which result from the wash down of vehicles at retail dealers selling new and used automobiles where no detergents are used and individual residential car washing; external building wash down where no detergents are used; the use of water to control dust; fire fighting activities; fire hydrant flushing; natural springs; uncontaminated groundwater; dechlorinated pool discharges; air conditioning condensate; lawn watering; potable water sources including waterline flushing; irrigation drainage; pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled materials have been removed) and where detergents are not used; discharges from foundation or footing drains where flows are not contaminated with process materials such as solvents, or contaminated by contact with soils where spills or leaks of toxic or hazardous materials have occurred; uncontaminated utility vault dewatering; dechlorinated water line testing water; hydrostatic test water that does not contain any treatment chemicals and is not contaminated with process chemicals.
(b)
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit connections to the municipal storm sewer system is prohibited.
(2)
This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. A person is considered to be in violation of this article if the person connects a line conveying non-stormwater to the municipal storm sewer system or allows such a connection to continue.
(3)
A person is in violation of this article if he/she connects a line conveying non-stormwater to the municipal storm sewer system, or allows such a connection to continue.
(Ord. of 8-27-2008(2))
Sec. 12-172. - Responsibility for administration.#
The director of public works or designee shall administer, implement, and enforce the provisions of this article. Any powers granted or duties imposed upon the director of public works may be delegated in writing by the director of public works to persons or entities acting in the interest of or in the employ of the department of public works.
(Ord. of 8-27-2008(2))
Sec. 12-173. - Right of entry.#
To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the director of public works or designee or designated representative may enter upon privately-owned property for the purpose of performing their duties under this article and may make or cause to be made such examinations, surveys or sampling as the town deems reasonably necessary.
(Ord. of 8-27-2008(2))
Sec. 12-174. - Notification of spills.#
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in unauthorized discharges or pollutants discharging into stormwater, the municipal storm sewer system, or waters of the state from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of non-hazardous materials, said person shall notify the director of public works or designee no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the director of public works or designee within five working days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Nothing in this section shall preclude any owner/lessee from compliance with relevant provisions of the Rhode Island Clean Water Act, G.L. 1956, § 46-12-1 et seq., or other applicable laws or regulations.
(Ord. of 8-27-2008(2))
Sec. 12-175. - Enforcement.#
(a)
If an illicit discharge to the municipal storm sewer system is detected, the owner shall cease the discharge. If the discharge does not cease within seven calendar days, the owner may be fined in accordance with the provisions of section 1-6 this Code and the director of public works or designee shall have the right to take the available appropriate remedies it deems necessary to correct the violations and to place a lien on the subject property in an amount equal to the cost of the remedial actions. The lien shall be enforced in the manner provided or authorized by law for the enforcement of liens on real or personal property. The lien shall be recorded in the land evidence records of the town and the amount thereof shall accrue legal interest from the date of the recording. The imposition of any penalty shall not exempt the offender from compliance with the provisions of this article, including revocation of the performance bond or assessment of a lien on the property.
(b)
Any individual or other party is prohibited from discharging waste, including construction waste, building material, truck washout, chemicals, litter, sanitary wastes or other waste into the municipal storm sewer system. If such a violation occurs the individual or other party may be fined in accordance with the provisions of section 1-6 this Code and the town may also require removal of the waste within ten calendar days at the violator's expense. The town may charge the violator any costs associated with removal or repair of damage resulting from the violation.
(Ord. of 8-27-2008(2))