Chapter 13 - PLANNING AND DEVELOPMENT

ARTICLE I. - IN GENERAL#

Sec. 13-1a. - Comprehensive plan adopted by reference.#

The town adopts by reference as though fully set forth herein the updated town comprehensive plan adopted by the town council on February 25, 2020, to be effective March 24, 2020, as it may be further amended from time to time. A copy of the adopted plan is on file in the office of the town clerk.

(Ord. 2020-16, 10-20-2020; Ord. No. 2023-20, 9-5-2023)

Editor's note— Ord. No. 2023-20, adopted Sept. 5, 2023, renumbered the former § 13-1 as § 13-1a as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

Sec. 13-1b. - Notice for adoption and amendment of the comprehensive plan.#

Prior to the adoption of, or amendment to, the comprehensive plan, notice shall be given of the public hearing by publication of notice in a newspaper of local circulation within the town at least once each week for three (3) successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held, at which hearing opportunity shall be given to all persons interested to be heard. Same notice shall be posted in the town clerk's office and one other municipal building in the town and the town must make the notice accessible on its town homepage of the website for at least 14 days prior to the hearing. This notice shall be mailed to the statewide planning program of the department. of administration at least 14 days prior to the hearing.

(Ord. No. 2023-20, 9-5-2023)

Sec. 13-2. - Drainage.#

(a)

All drainage locations used by the town shall be recorded as easements and a map shall be kept current showing such easements. Since many of the older drainageways and systems were undocumented, work will be initiated to review long-time drainageways where the questions of proper easements are unknown.

(b)

The town engineer will, at least every two years, inspect the town drainage system and its function. The town engineer will then issue his recommendations for maintenance and repair of the system.

(c)

The tax assessor will review the valuation of each parcel with a recorded easement and adjust the valuations of the easement parcel where warranted.

(d)

Over a period of time, the town engineer will initiate steps to formalize any easements obtained by prescription including the preparation of an easement drawing with an associated description. Sufficient area will be included to allow for maintenance and repair of the drainage function.

(e)

Existing conditions at the easement location will be appropriately documented (i.e., described and photographed).

(f)

All newly established or documented easement drawings will be recorded in the land evidence records.

(g)

All existing natural watercourses are the responsibility of the property owners upon which it flows for maintenance activity allowed by the Rhode Island Freshwater Wetlands Laws and their enforcement regulations as developed by the state department of environmental management. However, where the town has impacted the amount of flow within natural watercourses by discharging part of its drainage system into the natural flow, the town will assist in the maintenance of said flow. The town will attempt to establish access easements for all applicable properties to ensure the flow can be maintained legally.

(h)

Unless a recorded easement shows otherwise, the repair and the maintenance of the pipe and/or confining channel remain the responsibility of the owner of the property upon which it is located.

(i)

The owner of a private parcel of land which has a connected catchbasin, roof drain or cellar/foundation drain to the town's stormwater collection system is responsible for corrective measures when failures occur, to include the repairs required within the town's right-of-way.

(j)

If corrective measures by the property owner require excavation in the street right-of-way, the property owner must comply with all permit requirements, restorations and inspections per applicable town ordinances.

(k)

To comply with current town ordinances, any corrective measures must not increase the volume of stormwater runoff being directed to the town's system. Added flow volumes will have to be retained on-site by the property owner. Calculations of the ability of the town's collection system to accommodate the increase in flow must be provided.

(l)

The town engineer will undertake a comprehensive notification initiative to advise the owners of the property upon which drainage ditches are located that it is the owners' responsibility to maintain said ditches unless written evidence exists placing that responsibility onto the town or if the issue is the maintenance of flow volume within the designated channel.

(m)

To avoid future problems, all aspects of either subdivision and/or individual site development drainage design need to be documented and recorded either by easement and/or parcel deed restriction.

(Code 1970, § 13-1; Res. No. 99-127, 5-11-1999)

Secs. 13-3—13-22. - Reserved.#

ARTICLE II. - DEVELOPMENT COMMISSION#

Sec. 13-23. - Created; membership; terms.#

There is hereby created a nonpartisan development commission to be known as the town development commission, consisting of seven members from the community. Initially, the members of the town council shall appoint two members for four years, two members for three years, two members for two years, and one member for one year. They shall serve until their successors have been appointed. Their successors shall be appointed to four-year terms from the expiration of the term of their respective predecessors in office by the town council. Vacancies in an unexpired term shall be filled by the town council for the remainder of such term.

(Code 1970, § 13-16; Res. of 9-18-1968, § 1)

Sec. 13-24. - Duties, cooperation with other agencies.#

(a)

The development commission shall promote, aid, and assist in the development, expansion and location of industry and business in the town for the purpose of establishing an equitable balance between commercial and residential property. It may make surveys and compile statistics in furtherance of the purposes set forth herein.

(b)

The commission shall perform other duties not inconsistent with the purposes of this article.

(c)

The commission shall cooperate with the planning board, redevelopment agency, citizens' advisory committee, and all other departments of the town requiring its aid, counsel and advice.

(d)

The commission shall have access to all available plans, records, surveys, and other information on file with any town department, and may call upon them for aid, advice and assistance. It may also act as a liaison between the town, state and federal agencies on such matters as may be authorized by the town council.

(Code 1970, § 13-17; Res. of 9-18-1968, §§ 2, 3)

Sec. 13-25. - Reports, recommendations.#

The development commission shall make an annual report to the town council in February of each year. It may make such recommendations as it deems necessary and advisable for the best interests of the town.

(Code 1970, § 13-18; Res. of 9-18-1968, § 4)

Sec. 13-26. - Officers.#

The development commission shall annually elect its own chairperson, vice-chairperson and secretary-treasurer from its members.

(Code 1970, § 13-19; Res. of 9-18-1968, § 5)

Sec. 13-27. - Bylaws.#

The commission may adopt bylaws covering its procedures not inconsistent with the provisions of this article, and shall submit copies of same to the town council.

(Code 1970, § 13-20; Res. of 9-1-1968, § 6)

Secs. 13-28—13-57. - Reserved.#

ARTICLE III. - TREES#

Sec. 13-58. - Purpose.#

(a)

This article regulates the protection, maintenance, removal and planting of trees in the public right-of-way, parks, and all public property within the town and on private property endangering the public and/or public property. This article also establishes the town tree warden, who shall recommend for town council approval the establishment of regulations relating to the protection, maintenance, removal, and planting of trees in the above-mentioned public and private places. In addition, this article provides for the maintenance or removal of trees on private property when the public safety is endangered and prescribes penalties for violations of its provisions, as amended. The provisions of this article shall apply to all property within the town.

(b)

This article will also serve to protect the health, safety and welfare of the citizens of the town by regulating tree management activities. The protection of this valuable natural resource will serve to enhance the community in the following ways:

(1)

Aid in the prevention of air, noise and visual pollution.

(2)

Aid in the stabilization of soil.

(3)

Enhance property values.

(4)

Provide glare and heat protection.

(5)

Enhance the aesthetics and general quality of life of the town.

(c)

This article shall be known and may be cited as the "West Warwick Tree Ordinance."

(Code 1970, § 13-61; Res. No. 99-175, § 1, 7-6-1999)

Sec. 13-59. - Definitions.#

For the purposes of this article, the following terms, phrases, words and their derivatives shall have the meaning given herein:

Applicant means a person who is applying for a license or permit required by this article.

Approval means written assent from the town tree warden pursuant to a duly executed application for approval made on a form promulgated by the town.

DBH means diameter at breast height, at 4½ feet (one and thirty-seven hundredths meters) from the ground level.

Parks includes any town public spaces designated for recreation and/or conservation.

Property line means the boundary between private and town-owned land.

Property owner means the person owning such property as shown by the records of the town recorder of deeds.

Public place includes all property owned, leased or controlled by the town.

Public trees includes all trees now or hereafter growing on any street, park, or any other public place.

Street or highway means the entire width of every public way or right-of-way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic.

Town tree warden means the municipal arborist, town tree warden, landscape architect, director, division of grounds maintenance services, supervisor of urban forestry operations or other qualified designated official of the town assigned to carry out the enforcement of this article.

Tree means any living, self-supporting woody plant that has a well-defined stem with a caliper of at least 1½ inches (3.81 centimeters) at DBH at 4½ feet (1.37 meters) from the ground level and capable of reaching a height greater than 16 feet.

Tree lawn means that part of a street or highway border area not covered by sidewalk or other paving, lying between the property line and that portion of the street or highway usually used for vehicular traffic.

Tree removal means removal in whole or part of any tree including any act that will cause a tree to die within a three-year period.

Tree well means an opening in the ground area surrounding the base of the tree trunk not covered by sidewalk and paving. Tree well openings shall have a minimum pit size of two times the width of the root ball and a depth equal to the size of the root ball. Root barrier will be placed on two sides only, which are the street side and the sidewalk opposite of the street.

(Code 1970, § 13-62; Res. No. 99-175, § 2, 7-6-1999)

Sec. 13-60. - Town tree warden.#

(a)

Appointment and qualifications. The town tree warden shall be appointed pursuant to section 2003(A)(6) of the town Charter and G.L. 1956, § 2-14-2. Said person shall have training and experience in arboriculture and shall have passed the state arborist exam. The tree warden shall exercise such powers and duties as are authorized pursuant to the provisions of G.L. 1956, tit. 2, ch. 14, Tree Wardens. The provisions of G.L. 1956, ch. 2-14 shall supersede any authority granted herein in conflict with said statutory authority.

(b)

Duties.

(1)

The town tree warden shall affirm and endorse the purpose and intent of this chapter and shall cause the provisions of this article to be enforced.

(2)

The town tree warden may, with the approval of the town council, prepare and enact a systematized tree management and annual tree planting program for the town which may be prepared as an integral part of a master systematized tree management and tree planting plan.

(3)

The town tree warden is further charged with keeping informed of environmental and technical changes that could affect the town's public and protected trees.

(4)

It shall also be the duty of the tree warden to implement such rules, regulations, and permit and penalty procedures as are deemed necessary to carry out the intent and enforcement of this article.

(5)

The town tree warden shall communicate and work with all civic and public interest groups interested in or devoted to tree care preservation or planting.

(c)

General authority. The tree warden shall:

(1)

Regulate and enact the maintenance, removal, and planting of public and protected trees to ensure public safety, preserving the aesthetics of public sites with regard to trees, and protecting the value and health of the town's community forest as a whole.

(2)

Consider the existing and future utility and environmental factors when recommending a specific species for each of the streets and other public sites and when issuing permits for tree work, removal, or planting.

(3)

Be responsible for regularly updating the master systematized tree management and planting program.

(4)

Review all requests for permits for any planting, removal, pruning, and/or trimming or cutting of trees in any public area, with the exception of a historic or protected tree. He shall also have the authority to grant or deny and to attach reasonable conditions to all permits, with the exception of those specifically exempted herein.

(5)

Enforce such rules, regulations and permit and penalty procedures as are deemed necessary to enforce the intent of this article.

(d)

Authority to treat or remove trees endangering the public and/or public property.

(1)

The town tree warden or his agents, after first giving notice to the property owner and allowing the property owner the opportunity to correct the hazardous condition, may cause or order to be removed, trimmed, or treated any tree or part thereof on private grounds which is in an unsafe condition so that it poses an immediate threat to the public or public property. If the hazardous condition is not an immediate threat or by reason of its nature is injurious to sewers or other public improvements or rights-of-way, or is afflicted with an injurious fungus, insect, or other pest so as to constitute a threat to the health of the town's community forest, upon five days' written notice to the property owner, the tree warden may take any action necessary, including, but not limited to, the removal of the tree.

(2)

The town tree warden or his agents shall have the power to enter upon any private grounds in the town to treat or cause or order to be treated any tree infested by a parasite insect or pest when it shall be deemed necessary in his opinion or the board's opinion to do so to prevent the breeding of any parasite or animal pest and to prevent danger therefrom to persons or property or to trees planted in the public streets or other public places. A five-day notice shall be given to the property owner prior to any action on the part of the town tree warden.

(3)

The tree warden, upon noncompliance of the property owner, may cause a lien for the cost of any work on private property to be placed against said property.

(Code 1970, § 13-64; Res. No. 99-175, § 4, 7-6-1999)

Sec. 13-61. - Public danger of obstruction; trees pruned, removed.#

It shall be the duty of persons owning or occupying real property bordering on any public street of thoroughfare, upon which property there may be trees, to prune in such manner that they will not obstruct or shade streetlights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs or obstruct the view of any street or intersection so as to pose a threat to pedestrian or vehicular safety. The minimum clearance of any overhanging portion thereof shall be eight feet over sidewalks, and 12 feet over all streets and thoroughfares, and/or at the discretion of the town tree warden.

(Code 1970, § 13-65; Res. No. 99-175, § 5, 7-6-1999)

Sec. 13-62. - Protection of public trees.#

(a)

During development, redevelopment, razing or renovating, no trees shall be cut, damaged or removed except by specified permit. All trees removed, destroyed, or severely damaged shall be replaced as specified in the permit at the expense of the permit holder. The total caliper of all trees planted in the course of restoration shall in no event be less than the total DBH of all trees removed. Replacement shall be made with 2½-inch to four-inch caliper trees and/or as directed by the town tree warden. If sufficient tree planting locations are unavailable within the contract area, the replacement trees shall be planted within the town as determined by the town tree board.

(b)

All trees within immediate danger of being damaged by any excavation or construction of any building, structure, or street work shall be guarded through the length of the project with a good substantial fence, frame, or box not less than four feet (1.2 meters) high and eight feet (2.4 meters) square, or equivalent. All equipment, building materials, chemicals, dirt, or other debris shall be kept outside the barrier at all times.

(c)

No person shall intentionally damage, cut, carve or transplant any tree; attach any rope, wire, nails, advertising posters, or other contrivance to any tree; allow any gaseous, liquid, chemical, or solid substance that is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree without first obtaining a written permit from the town tree warden.

(d)

No person shall deposit, place, store, or maintain any stone, brick, sand, fill dirt, concrete, or other materials that may impede the free passage of water, air, and fertilizer to the roots of any tree growing therein, except by written permit of the town tree board.

(e)

No person shall preclude the percolation of water or nutrients and gaseous exchange vital to a tree's survival by the placing any impervious materials (asphalt, macadam, and concrete) within the confines of the tree well opening.

(Code 1970, § 13-66; Res. No. 99-175, § 6, 7-6-1999)

Sec. 13-63. - Planting of trees upon any public street or public place.#

(a)

Any person desiring to plant a tree upon any public street or public place must first obtain a permit from the town tree warden on a form provided by the tree warden. Any permit shall be granted to a date certain and shall include consideration of appropriateness of species, location, size, and public safety.

(b)

Should the plantings be performed by persons other than the town tree warden or his agents, the proposed method and workmanship for planting as prescribed by the town tree warden shall be adhered to.

(c)

A planting plan is required where more than six trees are to be planted.

(1)

Any person desiring to plant more than six trees on public streets or on public places shall, in addition to applying for a permit, submit a plan or written statement in duplicate to the town tree warden, who shall return one copy to the applicant and keep one copy on file with the town.

(2)

All planting plans shall accurately show:

a.

The proposed park or public place site, or proposed street width, with any curbs, parking strips driveways, sidewalks and adjacent structures defined to scale.

b.

Location of all utilities.

c.

The proposed location of each proposed tree, together with the location of each existing tree within the proposed site in scaled relation to the other features of the plan.

d.

The species of each and every tree proposed to be planted and of these already existing within the proposed site, either indicated on the plan or referenced with a number with a key list.

(Code 1970, § 13-67; Res. No. 99-175, § 7, 7-6-1999)

Sec. 13-64. - Emergencies.#

The requirements of this article may be waived by the town in the case of emergencies, as declared by the town council, town manager or public works director, such as windstorms, ice storms, or other disasters, so that they in no way shall hinder private or public work to restore order in the town.

(Code 1970, § 13-68; Res. No. 99-175, § 8, 7-6-1999)

Sec. 13-65. - Moving large objects.#

No person shall move any building or any other large object that may injure public or protected trees or parts thereof without first obtaining the written approval of the town tree warden and abiding by his requirements.

(Code 1970, § 13-69; Res. No. 99-175, § 9, 7-6-1999)

Sec. 13-66. - Permits required.#

(a)

A permit shall be a written document that authorizes the bearer thereof to perform the proposed work as outlined on such permit. Only the town tree warden or his representative shall issue the permit.

(b)

A permit shall be obtained by filling out an application. Upon approving the application, the town tree warden or his representative shall issue said permit.

(c)

A permit shall be required for planting, spraying, pruning, cutting above ground, removing, or otherwise disturbing any public tree in any street, park or other public place.

(d)

The town tree warden shall issue any permit provided for herein if the proposed method and workmanship shall be of a satisfactory nature and the project shall be consistent with this article. Any permit granted shall contain a definite date of expiration and the work shall be completed in the time allowed in the permit and in the manner as therein described. Any permit shall be void if its terms are violated.

(e)

The town tree board shall be notified by the bearer of said permit upon satisfactory completion of designated work.

(f)

Plantings. The town tree warden shall have the right to make the final determination as to location, species, cultivar or variety of each tree and the method of planting before issuing said permit.

(g)

Maintenance. The application required herein shall state the number and kinds of trees to be sprayed, fertilized, pruned, or otherwise preserved; the kind of treatment to be administered; the composition of the spray material to be applied; and such other information as the town tree warden shall find reasonably necessary to a fair determination of whether a permit should be issued.

(h)

Removal, replanting and replacement.

(1)

Wherever it is necessary to remove a tree in connection with the paving of a sidewalk or the widening of a portion of a street or highway, the town shall require the party responsible for the paving or widening to replant the tree or replace it as deemed necessary by the town tree warden. This requirement will be satisfied if an equivalent number of trees of the same size and species, as provided in the arboricultural specifications and standards of practice, are planted within the town. This requirement shall include the town.

(2)

No person shall remove a public tree for the purpose of construction or any other reason without first filing an application and procuring a permit from the town tree warden. The town tree warden may require replacement of a removed tree as a condition to the issuance of a permit. Such replacement shall meet the standards of size, species and placement as provided for in a permit issued by the town tree warden. The person or property owner shall bear the cost of removal and replacement of all trees removed.

(Code 1970, § 13-70; Res. No. 99-175, § 10, 7-6-1999)

Sec. 13-67. - Tree specialists or experts.#

(a)

License and bonding required. To protect the public, the town requires that any person who removes or maintains trees on public property as a business shall be bonded and properly licensed to perform such work and certified by the state or any other agency that regulates arboricultural practices.

(b)

Compliance with workers' compensation requirements. Tree specialists or experts performing tree work within the town shall also be covered by workers' compensation to the extent required by state law.

(c)

Insurance required. Tree specialists or experts performing tree work within the town shall carry health insurance as may be required by the town council.

(d)

Liability insurance. Tree specialists or experts performing tree work within the town shall maintain public liability and personal property insurance with limits of not less than $500,000.00 to cover and save harmless the town and its agents from all suits, claims, or actions of every class and nature for or on persons or property damage caused or claimed to be caused, directly or indirectly, by the conduct of the work contemplated, or by acts of strangers, or any conditions due to the elements or any defects or insufficiencies in any method, material, ways, machinery, equipment or apparatus used in connection with the work.

(Code 1970, § 13-71; Res. No. 99-175, § 11, 7-6-1999)

Sec. 13-68. - Interference with town tree warden.#

No person shall hinder, prevent, delay or interfere with the town tree warden or any of his assistants while engaged in carrying out the implementation of this article; provided, however, that nothing herein shall be construed as an attempt to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner of any property within the town.

(Code 1970, § 13-72; Res. No. 99-175, § 12, 7-6-1999)

Sec. 13-69. - Appeals.#

(a)

Appeals of the tree warden's findings may be appealed to the town council.

(b)

Any adjustment of the standards required by this article or an appeal of a decision of the town tree warden shall be taken to the town council. The town council, upon receipt of such request on forms provided by the town tree warden, shall have the authority and duty to consider an act upon the request. This application shall clearly and in detail state what adjustments or requirements are being requested, reasons such adjustments or requirements are being requested, and reasons such adjustments are warranted, and shall be accompanied with such supplementary data as is deemed necessary to substantiate the adjustment. The town council may approve, modify, or deny the requested adjustment based upon protection of the public interest, preservation of the intent of this article, and possible unreasonable and unnecessary hardships involved in the case.

(Code 1970, § 13-73; Res. No. 99-175, § 13, 7-6-1999)

Sec. 13-70. - Violation and penalty.#

(a)

Any person violating or failing to comply with any of the provisions of this article may be:

(1)

Subject to court action;

(2)

Fined as may be established by the town council from time to time, which fine shall not exceed the sum of $500.00; and/or

(3)

Charged the replacement value of the trees as removed and/or damaged.

(b)

In addition, the person shall replace the tree and/or repair damage with a size and species permitted by the town tree warden.

(c)

Each tree affected by noncompliance with this article shall constitute a separate violation.

(d)

Violation of this article shall be the basis of withholding a final inspection permit until such violation is corrected to the satisfaction of the town tree warden and/or tree board.

(Code 1970, § 13-74; Res. No. 99-175, § 14, 7-6-1999)

Secs. 13-71—13-98. - Reserved.#

ARTICLE IV. - POST-CONSTRUCTION STORMWATER CONTROL#

Sec. 13-99. - Purpose.#

(a)

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.

(b)

This article establishes the administrative mechanisms necessary for the town to ensure proper stormwater management of runoff from new development and redevelopment projects. The ordinance from which this article is derived is written to work in conjunction with the state department of environmental management's Rhode Island Stormwater Design and Installation Standards Manual (amended 2015), Rhode Island Community Nonpoint Sources Pollution Management Guide (as amended), and Rhode Island Soil Erosion and Sediment Control Handbook (as amended).

(Code 1970, § 13-75; Ord. No. 2012-5, 6-19-2012; Ord. No. 2018-18, 6-5-2018)

Sec. 13-100. - Definitions.#

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means any person proposing a development project in accordance with this article. The applicant must be the person who holds a valid purchase and sales agreement for the real property associated with said development project.

Authorized enforcement agent means the building official or other town official authorized to enforce standards in accordance with this article.

Best management practice means structural and nonstructural means applied to a development project with the intent of controlling stormwater flow and quality. Best management practices include, but are not necessarily limited to, means of stormwater management described in the state stormwater design and installation standards manual, as amended. Use and acceptability of best management practices is at the discretion of the town.

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.

Low-impact development means a best management practice intended to maintain or replicate pre-development hydrology through the use of site planning, source control, and small-scale structures integrated throughout the site to prevent, infiltrate and manage stormwater as close to its source as possible. Low-impact development practices include, but are not necessarily limited to, those described in the state stormwater design and installation standards manual, as amended. Use and acceptability of low-impact development practices is at the discretion of the town.

Owner or operator means any person who holds legal title to any real property, development project or structural best management practice or has possession or control of any real property, development project or structural best management practice through any agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of a holder of a legal title.

Stormwater means the surface discharge of water associated with a precipitation event or snowmelt.

Stormwater management plan means the document required under section 13-106 before any person may initiate site work associated with a development project pursuant to the applicability of this article.

(Code 1970, § 13-76; Ord. No. 2012-5, 6-19-2012)

Sec. 13-101. - Applicability.#

This article shall apply to all development and redevelopment occurring within the town. No person shall engage in development projects without receiving approval from the building official, unless specifically exempted by section 13-102.

(Code 1970, § 13-77; Ord. No. 2012-5, 6-19-2012)

Sec. 13-102. - Exemptions.#

The following development projects do not require written approval pursuant to this article: (1)

Construction, alteration, or use of any additions to existing single-family or two-family homes or related structures, when determined by the building official to be insignificant, and such construction, alteration and use does not exceed 1,000 square feet, 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)

Accepted agricultural management practices such as seasonal tilling and harvest activities associated with property utilized for private or commercial agricultural or silvicultural purposes.

(3)

An excavation which exhibits all of the following characteristics:

a.

Is less than four 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 50 cubic yards of material on any lot, land, parcel or subdivision.

c.

Has no slopes steeper than ten feet vertical in 100 feet horizontal (ten 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 30 days shall be covered with a suitable temporary protective ground cover until permanent ground cover is in place.

(4)

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 area of activity does not exceed 1,000 square feet.

b.

The change of elevation does not exceed two 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 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.

(5)

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, 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.

(6)

Use of a home garden in association with residential use.

(Code 1970, § 13-78; Ord. No. 2012-5, 6-19-2012)

Sec. 13-103. - Variance.#

The building official reviewing an application under this article may: (1)

Vary requirements of this article when strict implementation of the requirements will create an unnecessary hardship or are not feasible.

(2)

Allow use of an innovative management practice where strict adherence to existing criteria would be costly or of negligible environmental benefit.

(3)

Allow use of an innovative management practice where the innovative practice is expected to have an environmental benefit which cannot be practicably realized using standardized management practices.

(Code 1970, § 13-79; Ord. No. 2012-5, 6-19-2012)

Sec. 13-104. - Submissions and approvals.#

(a)

In accordance with this article, all persons must obtain approval from the building official prior to engaging in any development project, unless exempted by section 13-102. To obtain approval, applicants must demonstrate compliance with all policies, standards and requirements of this article to the satisfaction of the building official. Applicants may demonstrate compliance via submission of materials and documentation including, but not limited to, a stormwater management plan, site plan and maintenance agreement in accordance with this article. Plans will be reviewed in conjunction with the site plan reviewed by the building official.

(b)

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

(Code 1970, § 13-80; Ord. No. 2012-5, 6-19-2012)

Sec. 13-105. - Technical standards.#

All applicants are required to develop and submit a stormwater management plan prepared by a professional engineer licensed in the state. All stormwater management plans must address stormwater management on a site-by-site basis and all requirements of this article. All stormwater management practices shall be consistent with the state stormwater design and installation standards manual and the state soil erosion and sediment control handbook, as amended. (1)

Performance standards. Stormwater management plans shall incorporate structural and nonstructural best management practices for water quality control in accordance with the state stormwater design and installation standards manual. Development in special resource protection waters or watersheds of impaired waters as defined pursuant to state water quality regulations may be held to higher standards. As part of such higher standards, low-impact development shall be used as the primary method of stormwater control to the maximum extent practicable to manage water quality and maintain groundwater recharge to pre-development levels.

(2)

Disallowed stormwater best management practices. The placement of stormwater structures within a floodplain shall be avoided. If there is no alternative, the applicant must show what effects, if any, the tailwaters created by the floodplain will have on the outflow and effective storage capacity of the stormwater best management practice.

(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 best management practices with an appropriate maintenance design in accordance with the state stormwater design and installation standards manual, as amended.

(4)

Flood protection. Stormwater management plans shall demonstrate that a proposed project provides for protection of life and property from flooding and flood flows. Water quantities must be controlled in accordance with the state stormwater design and installation standards manual, as amended, or a municipally approved regional stormwater management plan for the watershed in which the project site is located. Stormwater management plans shall demonstrate incorporation of the following standards into the proposed project:

a.

Control and maintenance of post-development peak discharge rates from the two-year, ten-year, 25-year, and 100-year storm events to pre-development levels.

b.

Downstream analysis of the 100-year storm event and control of the peak discharge rate for the 100-year storm to mitigate downstream impacts.

c.

Discharge from any stormwater facility must be conveyed through a properly constructed conveyance system to provide for nonerosive flows during all storm events. The proposed stormwater conveyance system consisting of open channels, pipes, and other conveyance devices shall, at a minimum, accommodate the runoff from a 25-year storm event. The stormwater conveyance system must provide for nonerosive flows to receiving waters.

(5)

Surface water and groundwater. Stormwater management plans shall, in accordance with the state stormwater design and installation standards manual, as amended, demonstrate that during development and post-development, all receiving waters will be recharged in a manner closely resembling pre-development conditions and that the developed site will retain hydrological conditions that closely resemble those prior to disturbance. The goal of the stormwater design shall be that hydrologic conditions in each sub-watershed match pre-development conditions.

Where practicable, development and redevelopment projects should aim to reduce runoff volumes. This may include minimizing and eliminating impervious surface areas such as roads, parking, paving or other surfaces, encouraging infiltration of noncontaminated runoff, preventing channelization, encouraging sheet flow, and where appropriate, preserving, enhancing or establishing buffers along surface water bodies and tributaries.

(Code 1970, § 13-81; Ord. No. 2012-5, 6-19-2012)

Sec. 13-106. - Stormwater management plans.#

(a)

Application of methods. The drainage plan, storm drainage calculations, runoff rates and system design shall be based on the application of the appropriate method, as follows:

(1)

The Rational Method. This method is the preferred method for small systems of three acres or less, when no wetlands, ponds or other storage depressions are present and where drainage is toward the point of analysis.

(2)

TR-55. This is the preferred method for calculating runoff volumes, peak discharge rate and flood storage requirements for site development between one acre and 2,000 acres.

(3)

TR-20. This method is for large complex watersheds and systems beyond the scope of TR-55.

(b)

Required information. The drainage plan and drainage calculations shall contain the following information:

(1)

An estimate of the quantity of stormwater surface runoff presently flowing from the land proposed to be subdivided, and that which would be generated by the proposed subdivision, calculated on the basis of a 25-year frequency rainfall.

(2)

An estimate of the quantity of stormwater surface runoff entering the subdivision naturally from upstream areas within the watershed under present conditions, calculated on the basis of a 25-year frequency rainfall.

(3)

An analysis of the capability of existing watercourses, storm sewers, culverts and other drainage facilities within the land proposed to be subdivided to handle the runoff as calculated under subsections (b)(1) and (2) of this section, and proposals to handle such surface runoff. Culvert and storm sewers shall be designed for a 25-year frequency rainfall, with a minimum pipe size of 15 inches and a minimum pipe gradient of one percent.

(4)

Proposals for disposal of surface runoff, downstream from the subdivision without damage to the land and improvements and to the receiving water body.

(5)

The drainage plan shall further indicate how the following specific requirements will be met:

a.

That each lot will be adequately drained;

b.

That the natural drainage patents will be maintained whenever possible;

c.

That all existing watercourses will be left open, unless approval to enclose is granted by the planning board;

d.

That all new open watercourses will be seated, soldered or paved, depending on grades and soil types;

e.

That a continuous drainage system will be installed and connected to a natural or manmade watercourse or to an existing pipe storm drainage system. Whenever feasible, such drainage system shall be designed as a nonstructural system consisting of swales, sheet flow and open drainage which attenuates nonpoint pollution and regulates the rate of flow. The ultimate destination of such continuous drainage shall be a permanent natural body of water or wetland. When the planning board determines that such ultimate destination is impractical, the board shall require the construction of a retention area capable of accommodating proposed stormwater volumes based on a two-year, 25-year and 100-year frequency rainfall;

f.

When any part of the drainage system is proposed for location outside the public street right-of-way, provisions for future maintenance approved by the planning board and town engineering department will be provided;

g.

That all necessary easements to off-street watercourses will be obtained by the subdivider;

h.

Where volume velocity of the surface runoff is high, the flow therefor shall be controlled by riprap, sediment basins, flow spreaders or other applicable devices, best management practices and/or techniques recommended in the Rhode Island Stormwater Design and Installation Standards Manual, the Rhode Island Community Nonpoint Source Pollution Management Guide and the Rhode Island Soil Erosion and Sediment Control Handbook;

i.

The siting of stormwater management structures, including dry and/or wet ponds and swales, shall be incorporated into the natural landscape to enhance functional values of the structures and provide visual amenity to the site;

j.

How the existing storm drainage will be protected during construction.

(6)

The proposed drainage system shall be designed to accommodate stormwater such that the post-construction conditions do not result in peak runoff increases in rate or volume from the pre-construction conditions.

(7)

The plan should include an assessment of structural integrity to withstand discharge from two-year, 25-year and 100-year storms.

(Code 1970, § 13-82; Ord. No. 2012-5, 6-19-2012; Ord. No. 2018-18, 6-5-2018)

Sec. 13-107. - Inspections for stormwater best management practices.#

The town shall have the right to inspect best management practices constructed after the passage of the ordinance from which this article is derived. Inspections shall address whether best management practices have been installed in accordance with approved stormwater management plans.

(Code 1970, § 13-83; Ord. No. 2012-5, 6-19-2012)

Sec. 13-108. - Operation and maintenance requirements for best management practices.#

(a)

Routine operation and maintenance and repair procedures. Routine maintenance shall be performed on a regular basis to ensure proper performance and may include such routine procedures as training of staff, periodic inspections, grass cutting, elimination of mosquito breeding habitats, and pond maintenance in accordance with a stormwater management plan approved pursuant to this article. Repair procedures may be required to correct a problem or malfunction of a best management practice and to restore the management practice's intended operation and safe condition. Repairs may include such procedures as structural repairs, removal of debris, sediment and trash removal, erosion repair, snow and ice removal, fence repair, mosquito extermination, and restoration of vegetated and nonvegetated linings.

(b)

General operation and maintenance standards for stormwater best management practices. Maintenance design and maintenance procedures for all best management practices shall be documented in stormwater management plans in accordance with the state stormwater design and installation standards manual, as amended; or manufacturer's specifications. A maintenance schedule for each type of best management practice 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. The owner, as well as all future owners, shall be required to implement the maintenance schedule of the best management practices. If the stormwater facility is to be deeded to the town, the applicant must obtain a letter from the town acknowledging maintenance responsibility and intent of ownership.

(Code 1970, § 13-84; Ord. No. 2012-5, 6-19-2012)

Sec. 13-109. - Maintenance agreements.#

(a)

Maintenance agreements shall provide written, contractual documentation, which demonstrates compliance with this article and legal arrangements for the upkeep of stormwater facilities to ensure their proper function and safety in accordance with this article.

(b)

After final construction is completed, the owner or responsible person shall maintain as built plans of stormwater management practices located on-site. The plans must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer.

(c)

Maintenance agreements, which describe maintenance schedules and requirements, must be developed for each stormwater management facility unless the facility is dedicated to and accepted by the town. 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.

(d)

Right of entry. Upon the presentation of credentials and other documents as may be required by law, or if authorized by the owner or other party in control of the property, the director of public works, building official, and other town representatives designated by the building official or director of public works may enter upon privately owned property for the purpose of performing their duties under this article and may make or cause to be made such inspections as the town deems reasonably necessary.

(e)

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 stormwater management facility owner or other responsible party pursuant to this article. 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.

(f)

Responsibility for maintenance to ensure function and safety. Appropriate maintenance to ensure function and safety of stormwater management facilities shall be the responsibility of the owner or may be assumed by another party via a written contractual arrangement in accordance with this article.

(g)

Alterations to maintenance agreements. Any alterations in maintenance responsibility or alterations to maintenance agreements must be reviewed and approved by the planning board (as applicable) and building official or designee. If portions of the land serviced by a stormwater management facility 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 department of public works or a designee. All alterations to maintenance agreements shall be made and recorded in accordance with this article.

(h)

Recordation of maintenance agreements. All maintenance agreements and alterations to maintenance agreements shall be recorded in the land evidence records of the town. 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 article shall be the responsibility of the owner.

(Code 1970, § 13-85; Ord. No. 2012-5, 6-19-2012)

Sec. 13-110. - Application fees.#

The town shall be empowered to collect fees from permit applicants which are commensurate with the cost of administering this article.

(Code 1970, § 13-86; Ord. No. 2012-5, 6-19-2012)

Sec. 13-111. - Notification of noncompliance.#

If the authorized enforcement agent finds a violation of this article, then a written notice from the authorized enforcement agent to compel correction shall be transmitted to the owner or operator. Such notice shall set forth the nature of corrections required and the time limit within which corrections shall be completed. Failure to comply with the required corrections within the specified time limit shall be considered a violation of this chapter.

(Code 1970, § 13-87; Ord. No. 2012-5, 6-19-2012)

Sec. 13-112. - Appeal of notice of noncompliance.#

Any person receiving a notice of noncompliance may appeal the determination of the authorized enforcement agent. The appeal must be received within 30 days from the date of the receipt of the notice of noncompliance. The appeal shall be in writing and contain a detailed basis upon which the appeal was taken. The authorized enforcement agent shall then determine whether to accept the appeal or proceed to cause summons of the appellant in accordance with section 13-113.

(Code 1970, § 13-88; Ord. No. 2012-5, 6-19-2012)

Sec. 13-113. - Penalties for violation.#

Any person who shall violate any provision of this article shall be punished in accordance with section 1-12. The authorized enforcement agent may, at the discretion of the court, undertake measures necessary to abate the violation and restore the property at the owner's or operator's expense.

(Code 1970, § 13-89; Ord. No. 2012-5, 6-19-2012)

Sec. 13-114. - Cost of abatement of the violation.#

Within 30 days after abatement of the violation by or under the direction of the authorized enforcement agent, the owner or operator will be notified by the authorized enforcement agent of the cost of abatement, including administrative costs. If the amount due is not paid within a timely manner as determined by the authorized enforcement agent, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this section shall become liable to the town by reason of such violation. The liability shall be paid in not more than 12 equal payments. Interest at the rate of 12 percent per annum shall be assessed on the balance beginning on the 31st day following discovery of the violation.

(Code 1970, § 13-90; Ord. No. 2012-5, 6-19-2012)

Sec. 13-115. - Revocation or suspension of approval.#

The approval of a stormwater management plan under this chapter may be revoked or suspended by an authorized enforcement agent and all work on the development or redevelopment project halted for an indefinite time period after written notification is transmitted by the authorized enforcement agent to the owner or operator for one or more of the following reasons: (1)

Violation of any condition of the approved plan or specifications pertaining thereto.

(2)

Violation of any provision of this article.

(3)

The existence of any condition or the performance of any act constituting or creating a nuisance, hazard, or endangerment to human life or property of others, or contrary to the spirit or intent of this article.

(Code 1970, § 13-91; Ord. No. 2012-5, 6-19-2012)

Sec. 13-116. - Remedies not exclusive.#

The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion of the authorized enforcement agent to seek cumulative remedies.

(Code 1970, § 13-92; Ord. No. 2012-5, 6-19-2012)

Secs. 13-117—13-145. - Reserved.#

ARTICLE V. - STORMWATER MANAGEMENT#

Sec. 13-146. - Illicit discharge.#

Discharge to the municipal storm sewer system of a 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: (1)

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;

(2)

External building wash down where no detergents are used;

(3)

The use of water to control dust;

(4)

Firefighting activities;

(5)

Fire hydrant flushing;

(6)

Natural springs;

(7)

Uncontaminated groundwater;

(8)

Dechlorinated pool discharges;

(9)

Air conditioning condensate;

(10)

Lawn watering;

(11)

Potable water sources including water line flushing;

(12)

Irrigation drainage;

(13)

Pavement wash waters 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;

(14)

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;

(15)

Uncontaminated utility vault dewatering;

(16)

Dechlorinated water line testing water;

(17)

Hydrostatic test water that does not contain any treatment chemicals and is not contaminated with process chemicals.

(Code 1970, § 13-101; Ord. No. 2009-4, 4-7-2009; Ord. No. 2012-5, 6-19-2012)

Sec. 13-147. - 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 public works and/or his designated representative may enter upon privately owned property for the purpose of performing his duties under this article and may make or cause to be made such examinations, surveys or sampling as the town deems reasonably necessary.

(Code 1970, § 13-102; Ord. No. 2009-4, 4-7-2009; Ord. No. 2012-5, 6-19-2012)

Sec. 13-148. - 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 storm drain 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 authorized enforcement agency no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the authorized enforcement agency 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 1970, § 13-103; Ord. No. 2009-4, 4-7-2009; Ord. No. 2012-5, 6-19-2012)

Sec. 13-149. - 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 $100.00 per calendar day that the violation goes un-repaired and the town shall have the right to take the available appropriate remedies it deems necessary to correct the violations and to assess 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 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 the recording. The imposition of any penalty shall not exempt the offender from compliance with the provisions of this article, 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 materials, truck washout, chemicals, litter, sanitary wastes or other wastes into the town right-of-way, storm drain, or other town property. If such a violation occurs, the town may fine the violator $200.00 and required 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 1970, § 13-104; Ord. No. 2009-4, 4-7-2009; Ord. No. 2012-5, 6-19-2012)

Sec. 13-150. - Hearing.#

(a)

Any owner or responsible party receiving a written notice of violation shall be given an opportunity for a hearing before the town zoning board of review to state his case. Application for said appeal shall be received by the zoning board of review prior to the date of compliance stipulated by the written notice of violation. If evidence indicates that a violation has not occurred, the zoning board of review shall revoke the notice of violation.

(b)

In exercising its powers in ruling, the board may, in conformity with the provisions of this chapter, reverse or affirm wholly or partly and may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end, shall have the powers of the officer or agency from whom the appeal was taken.

(Code 1970, § 13-105; Ord. No. 2009-4, 4-7-2009; Ord. No. 2012-5, 6-19-2012)

Sec. 13-151. - Town municipal court.#

The town municipal court shall have jurisdiction to enforce all provisions of this article.

(Code 1970, § 13-106; Ord. No. 2009-4, 4-7-2009; Ord. No. 2012-5, 6-19-2012)