The text
(a)
This chapter shall be applicable in any situation involving any disturbance to the natural terrain, topsoil or vegetative ground cover upon any property within the town except as so specified in section 17-5 including but not limited to the following specific situations:
(1)
For any development project subject to the obtaining of a building permit pursuant to the building code;
(2)
For any development project subject to the approval of a subdivision plan pursuant to the subdivision regulations; however, the preliminary and final plats approved by the town planning commission shall constitute the plan;
(3)
All plans for projects undertaken by the town through private contractors shall include in the specifications and in the contract documents the requirements of this chapter;
(4)
All projects undertaken directly by the department of public works and by its several divisions shall be undertaken in accordance with the performance principles provided for in this chapter and such standards and definitions as may be adopted to implement such performance principles.
(b)
Determination of applicability. It shall be 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 or other storm water pollutants, without first applying for and receiving a soil erosion and sedimentation control permit or a notice of non applicability from the building official.
The application 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 or her 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 shall consider site topography, drainage patterns, soils, proximity to watercourses, and other information deemed appropriate by the building official or his or her designee. Where less than one (1) acre is disturbed, a particular land disturbing activity shall not be subject to the requirements of this chapter if the building official or his or her 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. The current state soil erosion and sediment control handbook shall be consulted in making this determination.
In making this determination, the building official will also take into consideration the sensitivity of the waterbody to which the site drains. A waterbody and its watershed will be considered sensitive if a total maximum daily load or special area management plan is written or under development for it, or it is included on RIDEM's 303(d) list, or is included on RIDEM's list of special resource protection waters (appendix D of the Rhode Island Water Quality Regulations), or has been noted by the town to be of special concern.
(c)
This chapter shall not apply to existing quarrying operations actively engaged in excavating rock but shall apply to sand and gravel extraction operations.
(Ord. No. O-2, 9-8-2009)