ARTICLE III. - EROSION AND SEDIMENT CONTROL PLAN

Sec. 12-56. - Preparation.#

(a)

The erosion and sediment control plan shall be prepared by a registered engineer or land surveyor on standard eight and one-half-inch by eleven-inch, eleven-inch by seventeen-inch or twenty-four-inch by thirty-six (36) inch sheets at a suggested scale of one (1) inch equals forty (40) feet. A key sheet shall be included if a plan consists of more than two (2) sheets.

(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 chapter.

Comment Text (parent not a footnote)(Ord. of 5-12-83, § 5(a))

Sec. 12-57. - Number of copies.#

A minimum of three (3) copies of the erosion and sediment control plan, plus any additional copies that may be required by the building inspector, shall be submitted.

Comment Text (parent not a footnote)(Ord. of 5-12-83, § 5(b))

Sec. 12-58. - Contents.#

The following information may be drafted on the erosion and sediment control plan or may be included as attachments and shall consist of the following: (1)

Locus plan.

(2)

The name and address of the owner of the site, and, if different, the applicant, the designer, and the developer.

(3)

The location, extent, and type of all proposed work to be performed, including all existing and proposed buildings, structures, utilities, sewers, water mains, and storm drains on the site.

(4)

Topographic mapping with elevations keyed to the municipal base showing existing contours at intervals of not more than two (2) feet and contours at two-foot intervals of the finished grade of all disturbed land areas at the conclusion of the construction and/or land disturbance activities.

(5)

A description of the general topographic and soil conditions at the project site, including all significant limitations such as rock, outcrops, existing alterations to natural drainage, and any other site characteristics pertinent to the work to be performed.

(6)

The location and size of all parking and loading areas and driveways, both public and private.

(7)

The location of all existing and proposed buildings or structures, utilities including drainage facilities, and all significant natural features within one hundred (100) feet of the proposed work to be performed.

(8)

The name, location, right-of-way width, and pavement width of all streets, roads and highways within one hundred (100) feet of the site.

(9)

The location and names, if applicable, of any streams, wetlands, water bodies, drainage swales, watercourses, and areas subject to periodic flooding, both on and within one hundred (100) feet of the site on which the work is to be performed. Included shall be a delineation of any areas designated as flood hazards by the federal emergency management agency or other state or federal agency.

(10)

The names and addresses of all owners of abutting parcels and the location of all adjoining lot boundaries according to the latest assessor's records.

(11)

The approximate total quantity of earthwork involved in the proposed work, with appropriate breakdown as to cut and fill.

(12)

The location and extent of the removal of existing topsoil, trees, and other vegetation; quantities and location of any material to be removed from the site.

(13)

The estimated time of exposure for all disturbed land areas on the site prior to the completion of effective temporary and/or permanent erosion and sediment control measures and facilities. This shall include planting and seeding dates and application rates, and the phasing plan indicating the anticipated starting and completion dates of all phases of proposed site work.

(14)

Details of all proposed drainage provisions to be employed on the site including the location and type of all proposed erosion and sediment control measures and stormwater runoff controls of both a permanent and temporary nature and specifications for the maintenance of each.

(15)

The type, location, and extent of all proposed temporary and permanent vegetation and mulching that will be used to protect exposed areas of the project site.

(16)

Prompt submittal of such other information or construction plans and details as deemed necessary by the building official or his designated agent for a thorough review of the plan prior to action being taken as prescribed in this chapter. Withholding or delay of such information may be reason for the building official to judge the application as incomplete and grounds for disapproval.

Comment Text (parent not a footnote)(Ord. of 5-12-83, § 5(c)(1)—(16))

Sec. 12-59. - Performance principals.#

(a)

The contents of the erosion and sediment control plan shall clearly demonstrate how the principles, outlined below, 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)

Areas with slopes exceeding ten (10) percent shall be avoided.

(3)

The grade of slopes created shall be minimized.

(4)

When downstream capacities prove to be inadequate, any increase in storm runoff shall be controlled on-site to minimize downstream impact. This increased 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 paying, 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 (1) 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 beyond the dripline shall be fenced or roped off to protect trees from construction equipment.

(13)

Areas damaged during construction shall be resodded, reseeded, or otherwise restored. Monitoring and maintenance schedules, where required, shall be predetermined.

(b)

In order to comply with the principles set forth above, the building official shall use as a reference in determining the suitability and adequacy of erosion-sediment plans the publication entitled, "Rhode Island Erosion and Sediment Control Handbook," U.S. Department of Agriculture. Soil Conservation Service and Rhode Island State Conservation Committee, 1980, or its most recent addition.

Comment Text (parent not a footnote)(Ord. of 5-12-83, § 5(c)(17))

Sec. 12-60. - Performance bond—Required.#

(a)

Before approving an erosion sediment control plan, the building official may require the applicant/owner to file a surety company performance bond or deposit of money or negotiable securities. When any land-disturbing activity is to take place within one hundred (100) feet of any watercourse or within an identified flood hazard district, or on slopes in excess of ten (10) percent, the filing of a performance bond shall be required. The amount of such bond, as determined by the public works department, 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 public works director and the town solicitor.

(c)

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 such bond as part of the subdivision performance bond does not, however, relieve the owner of any requirement of this chapter.

Comment Text (parent not a footnote)(Ord. of 5-12-83, § 6(a))

Sec. 12-61. - Same—Notice of default.#

(a)

Performance secured by bond. Whenever the building official shall find that a default has occurred in the performance of any term or condition 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. Such 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 to be reasonably necessary for the completion of such work.

(b)

Failure to comply. 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)

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 the preceding (a) and (b) above.

Comment Text (parent not a footnote)(Ord. of 5-12-83, § 6(b), (c))

Sec. 12-62. - Same—Release.#

The performance bonding requirement shall remain in full force and effect until satisfactory completion of the work.

Comment Text (parent not a footnote)(Ord. of 5-12-83, § 6(d))