The text
(a)
(1)
It is unlawful for any person to disturb existing vegetation or alter the contours of land in a manner which creates soil erosion and sedimentation, without first applying for a determination of applicability from the building official. Upon determination of applicability, the owner/applicant shall submit a soil erosion and sediment control plan for approval by the building official, as provided in section 23-4 hereof. 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 and sedimentation resulting from the proposed project. In determining the applicability of the soil erosion and sediment control ordinance to a particular land disturbing activity, the building official shall consider site topography, drainage patterns, soils, proximity to watercourses, and other information deemed appropriate by the building official. 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 or watercourse, as defined in section 23-9 hereof. The current "Rhode Island Soil Erosion and Sediment Control Handbook," U.S. Department of Agriculture Soil Conservation Service, RI Department of Environmental Management, and RI State Conservation Committee shall be consulted in making this determination.
(2)
This chapter 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 is required for the following:
(1)
Construction, alteration, or use of any additions to existing single family or duplex homes or related structures; provided, that the grounds coverage of addition is less than 1,000 square feet. and 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 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) 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 surfaces are immediately seeded, sodded or otherwise protected from erosive actions, and all of the following conditions are met:
a.
The aggregate area of 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 60 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-ways dedicated to public use; provided, that adequate and acceptable erosion and sediment controls are incorporated in engineering plans and specifications, and employed. Appropriate controls apply during construction as well as after the completion of these activities. All work shall be undertaken in accordance with the performance principles provided for in section 23-5, subsection (c) and the standards and definitions that may be adopted to implement the performance principles.
(Ord. of 3-7-22, § 1)