The text
Sec. 12-31. - Required.#
It shall be unlawful for any person to disturb any existing vegetation, grades, and contours of land without first applying for and receiving a permit from the building official.
Comment Text (parent not a footnote)(Ord. of 5-12-83, § 3)
Sec. 12-32. - Exceptions.#
No permit shall be required under this article for the following: (1)
The construction, alteration or use of a single-family residential structure or appurtenance or a two-family residential structure or structures accessory thereto, which is or are to be constructed, altered or used individually and not as part of a development, provided such construction, including land distribution activities, does not occur within one hundred (100) feet of any watercourse and has no slopes greater than ten (10) feet horizontal or ten (10) percent;
(2)
Development projects where less than one-half acre is to be disturbed during one (1) planting season, and which disturbance of soil is not within one hundred (100) feet of any watercourse, has no slope greater than ten (10) percent, and where in the opinion of the building official, no soil erosion will occur; and
(3)
Accepted agricultural management practices such as seasonal tilling and harvest activities associated with property utilized for private or commercial agricultural or silvacultural purposes;
(4)
An excavation which exhibits all of the following characteristics:
a.
Is less than four (4) feet in vertical depth at its deepest point as measured from the average elevation of the natural ground surface.
b.
Does not result in a total displacement of more than one hundred (100) cubic yards of material on any lot, land, parcel or subdivision.
c.
Has no slopes steeper than ten (10) feet vertical in one hundred (100) feet horizontal or approximately ten (10) percent.
d.
Has all disturbed surface areas promptly and effectively protected to prevent soil erosion and sedimentation from occurring including seeding or sodding, and provided that all disturbed surface areas which will be exposed for a period of time in excess of thirty (30) days shall be covered with a suitable temporary protective ground cover until permanent ground cover is in place.
(5)
Grading, as a maintenance measure, or for landscaping purposes on existing developed land parcels or lots, provided that all of the following conditions are met:
a.
The aggregate of areas affected or stripped at any one (1) time does not exceed ten thousand (10,000) square feet.
b.
The change of elevation does not exceed two (2) feet at any point.
c.
All bare surface area is promptly seeded, sodded, or otherwise effectively protected from erosive actions.
d.
The grading does not involve a quantity of material in excess of five hundred (500) 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, 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 such activities.
Comment Text (parent not a footnote)(Ord. of 5-12-83, § 3)
Sec. 12-33. - Submission of plan—Generally.#
To obtain approval for a permit under the provisions of this article, 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 12-56, shall include proposed erosion and sediment control measures to be employed by the applicant or his agent.
Comment Text (parent not a footnote)(Ord. of 5-12-83, § 4(a))
Sec. 12-34. - Same—Freshwater wetlands permit.#
Where any portion of a proposed development requires approval under the Rhode Island Freshwater Wetlands Act (General Laws section 2-1-15 et seq.), as amended, and where such 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 hereunder for the development.
Comment Text (parent not a footnote)(Ord. of 5-12-83, § 4(a))
Sec. 12-35. - Building permit fees.#
Where a building permit is required under the building code, the site plans shall include all the requirements of this chapter and the building permit fee shall be based on the entire cost of the building plus improvements required by this chapter. Application of such fees shall apply to all land-disturbing activities; for example, subdivisions, except as provided for under section 12-32.
Comment Text (parent not a footnote)(Ord. of 5-12-83, § 4(b))
Cross reference— Comment Text (parent not a footnote)Buildings and building regulations, Ch. 4.
Sec. 12-36. - Plan review.#
(a)
Within five (5) working days of the receipt of a completed plan, the building official shall send a copy of the plan to the public works department and the plan commission for the purpose of review and comment. The building official may also within the above time frame 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 purposes of this chapter.
(b)
The time allowed for plan review shall be commensurate with the proposed development project, and shall be done simultaneously with other reviews.
Comment Text (parent not a footnote)(Ord. of 5-12-83, § 4(c))
Sec. 12-37. - Plan approval.#
(a)
The building official shall take action in writing either approving or disapproving the plan with reasons stated within ten (10) days after he has received the written opinion of the public works director and the plan commission. Failure of the public works director or the plan commission to respond within twenty-one (21) days of the receipt of the plan shall be deemed as no objection to the plan as submitted.
(b)
In approving a plan, the building official may attach such conditions deemed reasonably necessary by the director of public works and the plan commission to further the purposes of this chapter. Such 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, 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 inspector in advance of this 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.
Comment Text (parent not a footnote)(Ord. of 5-12-83, § 4(d))
Sec. 12-38. - Appeals.#
(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 the plan for a building permit shall be to the building appeals board. The appeal of a plan for a subdivision shall be as provided for in section 45-23-14 of the General Laws.
(b)
Appeal procedures shall follow current requirements for appeal to either of the two (2) boards above.
(c)
However, under any appeal proceedings, the building official shall notify the conservation commission of the appeal and the time, date, and place of the hearing. The conservation commission shall submit written comments on the appeal, and such comments, together with the written decision of the building official, shall be read into the official record of the hearing.
(d)
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 shall remain in effect.
Comment Text (parent not a footnote)(Ord. of 5-12-83, § 4(e)(1))
Sec. 12-39. - Expert opinion.#
The building inspector, the building appeals board, or the plan commission of review may seek technical assistance on any soil erosion and sediment control plan. Such expert opinion must be made available in the office of the building inspector as a public record prior to the appeals hearing.
Comment Text (parent not a footnote)(Ord. of 5-12-83, § 4(e)(2))