ARTICLE IV. - POST-CONSTRUCTION STORMWATER CONTROL

Part of the Code of Ordinances of West Warwick, RI.

Local law · Updated October 21, 2025 · 1,422 sections

The text

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:

Is less than four feet in vertical depth at its deepest point as measured from the average elevation of the natural ground surface.

Does not result in a total displacement of more than 50 cubic yards of material on any lot, land, parcel or subdivision.

Has no slopes steeper than ten feet vertical in 100 feet horizontal (ten percent).

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:

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

The change of elevation does not exceed two feet at any point.

All bare surface area is promptly seeded, sodded, or otherwise effectively protected from erosive actions.

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:

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.

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

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:

That each lot will be adequately drained;

That the natural drainage patents will be maintained whenever possible;

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

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

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;

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;

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

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;

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;

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)