The text
(a)
Plan.
(1)
To obtain approval for a land disturbing activity as found applicable by the building official under section 23-3 hereof, 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 23-5 hereof, shall include proposed erosion and sediment control measures to be employed by the applicant or the applicant's agent.
(2)
RI freshwater wetlands permit: Where any portion of a proposed development requires approval under any provision of the general laws approved by the general assembly or 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 chapter for the development.
(b)
Administrative fees. The town shall be empowered to collect fees from permit applicants, which are commensurate with the cost of administering this chapter.
(c)
Plan review.
(1)
Within five working days of the receipt of a completed plan, the building official shall send a copy of the plan to the review authorities, which may include the public works department, the planning department, and conservation commission for the purpose of review and comment. The building official may also, within five working days, submit copies of the plan to other local departments or agencies, including any conservation district that services the county, in order to better achieve the purposes of this chapter. Failure of these review authorities to respond within 21 days of their receipt of the plan shall be deemed as no objection to the plan as submitted.
(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 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.
(2)
In approving a plan, the building official may attach conditions deemed reasonably necessary by the review authorities to further the purposes of this chapter. 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 of the work. The applicant/owner shall notify the building official in advance of his or her 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 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 from a decision of the building official.
c.
During the period in which the request for appeal is filed, and until the time that a final decision is rendered on the appeal, the decision of the building official remains in effect.
(2)
Expert opinion: The building official or 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, as a public record prior to the appeals hearing.
(Ord. of 3-7-22, § 1)