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DIVISION 1. - PROHIBITION OF ILLICIT DISCHARGES#
Sec. 22-196. - Definitions.#
The following words and terms shall have the following meanings for the purposes of this division of article V of this chapter:
Illegal discharge means any direct or indirect nonstormwater discharge to the municipal storm sewer system, except as exempted in section 22-197(a).
Illicit connections means an illicit connection is defined as either of the following: 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 nonstormwater discharge including sewage, process wastewater, and washwater 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, 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 means 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 humanmade or altered drainage channels, reservoirs, and other drainage structures.
Nonstormwater discharge means any discharge to the municipal storm sewer system that is not composed entirely of stormwater.
Stormwater means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
(Code 2003, § 22-196; Ord. of 12-6-2005(1), § 1(22-196))
Sec. 22-197. - Illicit discharge and illicit connections.#
(a)
Prohibition of illicit discharges. Nonstormwater 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; firefighting 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 washwaters 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 division if the person connects a line conveying nonstormwater to the municipal storm sewer system or allows such a connection to continue.
(3)
A person is in violation of this division if he connects a line conveying nonstormwater to the municipal storm sewer system, or allows such a connection to continue.
(Code 2003, § 22-197; Ord. of 12-6-2005(1), § 1(22-197))
Sec. 22-198. - Responsibility for administration.#
The director of the department of public works shall administer, implement, and enforce the provisions of this division. Any powers granted or duties imposed upon the director of the department of public works may be delegated in writing by the director of the department of public works to persons or entities acting in the interest of or in the employ of the department of public works.
(Code 2003, § 22-198; Ord. of 12-6-2005(1), § 1(22-198))
Sec. 22-199. - 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 the department of public works and/or his designated representative may enter upon privately owned property for the purpose of performing their duties under this division and may make or cause to be made such examinations, surveys or sampling as the town deems reasonably necessary.
(Code 2003, § 22-199; Ord. of 12-6-2005(1), § 1(22-199))
Sec. 22-200. - 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 nonhazardous materials, said person shall notify the department of public works no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the department of public works 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.
(Code 2003, § 22-200; Ord. of 12-6-2005(1), § 1(22-200))
Sec. 22-201. - 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 1-15 and the Town of Jamestown 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 division, 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 1-15 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.
(Code 2003, § 22-201; Ord. of 12-6-2005(1), § 1(22-201))
Secs. 22-202—22-225. - Reserved.#
DIVISION 2. - SOIL EROSION AND SEDIMENT CONTROL#
Sec. 22-226. - Purpose.#
(a)
The town council 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 and road ditches, muddies streams, leaves deposits of silt in ponds and reservoirs, and is considered a major water pollutant.
(b)
The purpose of this division is to prevent soil erosion and sedimentation from occurring as a result of non agricultural 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.
(Code 2003, § 22-226; Ord. of 12-6-2005(2), § 1(22-226))
Sec. 22-227. - Applicability.#
This division is applicable to any situation involving any disturbance to the terrain, topsoil or vegetative ground cover upon any property within the Town of Jamestown after determination of applicability by the building official or his designee based upon criteria outlined in section 22-228 hereof. Compliance with the requirements as described in this division shall not be construed to relieve the owner/applicant of any obligations to obtain necessary state or federal permits.
(Code 2003, § 22-227; Ord. of 12-6-2005(2), § 1(22-227))
Sec. 22-228. - Determination of applicability.#
(a)
(1)
It is 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 22-229 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 or his designee 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 or his designee shall consider site topography, drainage patterns, soils, proximity to watercourses, and other information deemed appropriate by the building official or his designee. A particular land disturbing activity shall not be subject to the requirements of this division 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 section 22-234 hereof. 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 division 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 silvacultural purposes.
(4)
Excavations for improvements other than those described in subsection (b)(1) of this section which exhibit all of the following characteristics:
(i)
Does not result in a total displacement of more than 50 cubic yards of material;
(ii)
Has no slopes steeper than ten feet vertical in 100 feet horizontal or approximately ten percent; and
(iii)
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:
(i)
The aggregate area of activity does not exceed 2,000 square feet;
(ii)
The change of elevation does not exceed two feet at any point; and
(iii)
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, 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 22-230(c) and the standards and definitions that may be adopted to implement the performance principles.
(Code 2003, § 22-228; Ord. of 12-6-2005(2), § 1(22-228))
Sec. 22-229. - 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 22-228 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 22-230 hereof, shall include proposed erosion and sediment control measures to be employed by the applicant or the applicant's agent.
(2)
R.I. 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 division for the development.
(b)
Fees. The town may collect fair and reasonable fees from each applicant requesting approval of a soil erosion and sediment control plan for the purposes of administering this division.
(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 department, and conservation commission for the purpose of review and comment. The building official or his designee may also, within five working days, submit copies of the plan to other local departments or agencies, including the 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 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.
(2)
In approving a plan, the building official or his designee may attach conditions deemed reasonably necessary by the review authorities to further the purposes of this division. 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 inspector, 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 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 or his designee remains in effect.
(2)
Expert opinion. The official, or his designee, 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, or his designee, as a public record prior to the appeals hearing.
(Code 2003, § 22-229; Ord. of 12-6-2005(2), § 1(22-229))
Sec. 22-230. - Soil erosion and sediment control plan.#
(a)
Plan preparation. The erosion and sediment control plan shall be prepared by a registered engineer, or landscape architect or a soil and water conservation society certified erosion and sediment control specialist, and copies of the plan shall be submitted to the building official or his designee.
(b)
Plan contents. 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 chapter. 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, Rhode Island Department of Environmental Management, Rhode Island 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 or 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 information needed for construction.
(3)
Other information or construction plans and details as deemed necessary by the building official or his designee for a thorough review of the plan prior to action being taken as prescribed in this chapter. Withholding or delay of information may be reasons for the building official or his designee to judge the application as incomplete and providing grounds for disapproval of the application.
(c)
Performance principles. The contents of the erosion and sediment control plan shall clearly demonstrate how the principles, outlined in this subsection, 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 created slopes 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 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 riprap, 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.
(d)
Existing uses and facilities.
(1)
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 section 22-228(a)(1). Plans or satisfactory evidence to demonstrate that the existing operations accomplish the objectives of the 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.
(2)
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.
(Code 2003, § 22-230; Ord. of 12-6-2005(2), § 1(22-230))
Sec. 22-231. - Enforcement.#
(a)
Performance bond.
(1)
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 public works department, or in its absence, 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.
(2)
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 public works director and the town solicitor.
(3)
A performance bond for an erosion 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 requirements of this division.
(4)
Whenever the building official or his designee finds 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 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, and the period of time deemed by the building official or his designee to be reasonably necessary for the completion of the work.
(5)
Failure of the applicant to acknowledge and comply with the provisions and deadlines outlined in the notice of default means 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.
If a cash or negotiable securities deposit has been posted by the applicant, notice and procedure are the same as provided for in subsection (2) of this section.
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.
(b)
Approval; expiration; renewal.
(1)
Every approval granted in this division shall expire at the end of the time period established in the conditions. The developer shall fully perform and complete all of the work required within the specified time period.
(2)
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, stating the underlying reasons for 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.
(c)
Maintenance of measures. Maintenance of all erosion sediment control devices under this division 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.
(d)
Liability of applicant. Neither approval of an erosion and sediment control plan nor compliance with any condition of this division 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.
(Code 2003, § 22-231; Ord. of 12-6-2005(2), § 1(22-231))
Sec. 22-232. - Inspections.#
The provisions of this division 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 division. (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 department of inspections, 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.
(Code 2003, § 22-232; Ord. of 12-6-2005(2), § 1(22-232))
Sec. 22-233. - Notification.#
(a)
Noncompliance. If, at any stage, 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 state the nature of the temporary and permanent corrections required, and the time limit within which corrections shall be completed as established in subsection (b)(2) of this section. Failure to comply with the required corrections within the specified time limit is considered a violation of this division, in which case the performance bond or cash or negotiable securities deposit is subject to notice of default, in accordance with section 22-231(b) and (c).
(b)
Penalties. The approval of an erosion and sediment control plan under this division 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 to it;
(2)
Violation of any provision of this division 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 division.
In addition, whenever there is a failure to comply with the provisions of this division, the town has 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 then has 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 town, and the lien does 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 division, including revocation of the performance bond or assessment of a lien on the property by the town.
In addition to any other penalties provided in this division, a property owner or applicant may be fined of up to $250.00 for failure to submit plans on or before the date on which the plan must be submitted, as stated in the determination of applicability. Each day that the plan is not submitted constitutes a separate offense.
(Code 2003, § 22-233; Ord. of 12-6-2005(2), § 1(22-233))
Sec. 22-234. - Definition of selected terms.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a)
Applicant means any persons, corporation, or public or private organization proposing a development which would involve disturbance to the natural terrain as defined in this division.
(b)
Coastal feature means the coastal beaches and dunes, barrier beaches, coastal wetlands, coastal cliffs, bluffs, and banks, rocky shores, and manmade shorelines as defined in "The State of Rhode Island Coastal Resources Management Program" as amended June 28, 1983.
(c)
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.
(d)
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.
(e)
Erosion means the removal of mineral and/or organic matter by the action of wind, water, and/or gravity.
(f)
Excavate means any act by which earth, sand, gravel, or any other similar material is dug into, cut, removed, displaced, relocated, or bulldozed, and includes the resulting conditions.
(g)
Fill means any act by which earth, sand, or other material is placed or moved to a new location above ground. The fill is also the difference in elevation between a point of existing undisturbed ground and a designated point of higher elevation of the final grade.
(h)
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.
(i)
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.
(j)
Sediment means the 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.
(k)
Soil erosion and sediment control plan means the approved document required before any person may cause a disturbance to the natural terrain within the town as regulated by this division. Also, referred to as erosion and sediment control plan, approved plan.
(l)
Watercourse. The term "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 shall be used for delineation purposes.
(Code 2003, § 22-234; Ord. of 12-6-2005(2), § 1(22-23))
Secs. 22-235—22-255. - Reserved.#
DIVISION 3. - POST CONSTRUCTION STORMWATER CONTROL#
Sec. 22-256. - 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 division establishes the administrative mechanisms necessary for the Town of Jamestown to ensure proper stormwater management. The division is written to work in conjunction with current state regulations.
(Code 2003, § 22-256; Ord. of 12-6-2005(3), § 1(22-256))
Sec. 22-257. - Applicability.#
This division shall apply to any major or minor subdivision, land development project, or other development occurring within the Town of Jamestown involving an area or areas of disturbance which total one acre or more. No person shall engage in such development activities without receiving approval of a stormwater management plan for the development.
(Code 2003, § 22-257; Ord. of 12-6-2005(3), § 1(22-257))
Sec. 22-258. - Technical standards.#
All applicants must develop and submit a proposed stormwater management plan which must address stormwater management for the development which meets all the requirements of this division. 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 (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. (1)
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.
(2)
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.
(3)
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.
(Code 2003, § 22-258; Ord. of 12-6-2005(3), § 1(22-258))
Sec. 22-259. - 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 nonvegetated linings.
(b)
General maintenance standards for stormwater best management practices. Maintenance design and maintenance procedures for all structural BMPs shall be in accordance 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.
(Code 2003, § 22-259; Ord. of 12-6-2005(3), § 1(22-259))
Sec. 22-260. - 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 subwatershed as identified on final site plans.
(2)
The area of impervious surfaces (including all roads, driveways, rooftops, sidewalks, etc.) for each subwatershed 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 subwatershed 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 subwatershed. 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 the receiving water, 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 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.
(Code 2003, § 22-260; Ord. of 12-6-2005(3), § 1(22-260))
Sec. 22-261. - Maintenance agreements.#
Maintenance agreements shall provide written, contractual documentation, which demonstrates compliance with this division and legal arrangements for the upkeep of the structural BMPs ensure their functionality and safety in accordance with this division.
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. (1)
Recognition of municipal inspection requirements. Maintenance agreements shall include a reasonable and regular schedule for the Town of Jamestown 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 town. At a minimum, maintenance frequency should be in accordance with the state stormwater design and installation standards manual, as amended.
(2)
Recordkeeping for maintenance activities. Maintenance agreements shall include provisions for maintenance recordkeeping. 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 division. Review of the maintenance and inspection log shall be completed by the town 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 town.
(3)
Responsibility for maintenance to ensure functionality and safety. Appropriate maintenance to ensure 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 division.
(4)
Alterations to maintenance agreements. Any alterations in maintenance responsibility or alterations to maintenance agreements must be reviewed and approved by the building official. 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 building official. All alterations to maintenance agreements shall be recorded in accordance with this division.
(5)
Recordation of maintenance agreements. All maintenance agreements and alterations to maintenance agreements shall be recorded in the land evidence records of the Town of Jamestown. 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 division shall be the responsibility of the owner.
(Code 2003, § 22-261; Ord. of 12-6-2005(3), § 1(22-261))
Sec. 22-262. - Application fees.#
The Town of Jamestown shall be empowered to collect fees from permit applicants, which are commensurate with the cost of administering this division.
(Code 2003, § 22-262; Ord. of 12-6-2005(3), § 1(22-262))
Sec. 22-263. - Responsibility for administration.#
The public works director shall administer, implement, and enforce the provisions of this division. Any powers granted or duties imposed upon the public works director may be delegated in writing by the public works director to persons or entities acting in the interest of or in the employ, including, but not limited to, the building official, the town engineer, the town planner and the planning commission.
(Code 2003, § 22-263; Ord. of 12-6-2005(3), § 1(22-263))
Sec. 22-264. - Enforcement.#
(a)
Notification of violation. Whenever there is a failure to comply with the provisions of this division, the town shall have the right to notify the applicant/owner that he 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 town 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 1-15 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 division, 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 division. Any penalty invoked shall be in accordance with section 1-15.
(Code 2003, § 22-264; Ord. of 12-6-2005(3), § 1(22-264))