The text
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)