Sec. 68-5. - Plan approval procedure; appeals.

(a)

In accordance with this chapter, all persons must obtain approval from the building official prior to engaging in any land development activities, unless exempted by section 68-4 of this chapter. To obtain approval applicants must demonstrate compliance with all policy, standards and requirements of this chapter to the satisfaction of the building official. Applicants may demonstrate compliance via submission of materials and documentation including but not limited to a storm water management plan, site plan and maintenance agreement in accordance with this chapter. Plans will be reviewed in conjunction with site plan reviewed by the building official in consideration with the planning director, public works director, storm water manager, fire chief, police colonel or city employee.

(b)

Pre-application meetings may be requested by the applicant and held at the discretion of the city for the purpose of informing the representatives of construction projects of any local requirements and any additional limitations that may be imposed.

(c)

Plan submission.

(1)

To obtain approval for a permit under section 68-4, an applicant shall first file an erosion and sediment control plan signed by the owner of the property, or an authorized agent, on which the work subject to approval is to be performed. The plan or drawings, as described in sections 68-7 and 68-8, shall include proposed erosion and sediment control measures to be employed by the applicant or his/her agent.

(2)

Where any portion of a proposed development requires approval under the state Freshwater Wetlands Act, G.L. 1956, § 2-1-15 et seq., as amended, and where said 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.

(d)

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 68-4.

(e)

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 public works department, the planning board or the planning department for the purpose of review and comment. The building official may also within the above timeframe 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.

(2)

The time allowed for plan review shall be commensurate with the proposed development project, and the review shall be done simultaneously with other reviews.

(f)

Plan approval.

(1)

The building official shall take action in writing either approving or disapproving the plan, with reasons stated, within ten days after he/she has received the written opinion of the public works director and the planning director. Failure of the public works director or the planning director to respond within 21 days of the receipt of the plan shall be deemed as no objection to the plan as submitted.

(2)

In approving a plan, the building official may attach such conditions deemed reasonably necessary by the director of public works and the planning director 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 and shrubs, furnishing 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 official in advance of his/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.

(g)

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 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 G.L. 1956, § 45-23-14.

b.

Appeal procedures shall follow current requirements for appeal to either of the two boards above.

c.

However, under any appeal proceeding, 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.

(2)

Expert opinion. The building official, the building appeals board, or the planning board 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 official as a public record prior to the appeals hearing.

(Ord. No. O-16-17, § I(Exh. A), 8-17-16)