Chapter 15.5 - SOIL EROSION AND SEDIMENT CONTROL

ARTICLE I. - IN GENERAL#

Sec. 15.5-1. - Purpose.#

(a)

The town council hereby finds that excessive quantities of soil are eroding from certain areas that are undergoing development from nonagricultural uses such as housing developments, industrial areas, recreational facilities, and roads. This erosion makes necessary the costly repairs to gullies, washed out fills, roads and embankments. The resulting sediment clogs the storm sewers and road ditches, muddies streams, leaves deposits of silt in ponds and reservoirs, and is considered a major water pollutant.

(b)

The purpose of this chapter is to prevent soil erosion and sedimentation from occurring as a result of nonagricultural development within the town by requiring proper provisions for water disposal, and to protect soil surfaces during and after construction, in order to promote the safety, public health and general welfare of the town.

(Code 1970, § 15.5-1; Ord. of 3-3-1992)

Sec. 15.5-2. - Applicability.#

This chapter shall be applicable to any situation involving any disturbance to the terrain, topsoil or vegetative ground cover upon any property within the town after determination of applicability by the building official or his designee based upon criteria outlined in section 15.5-4. Compliance with the requirements as described herein shall not be construed to relieve the owner/applicant of any obligations to obtain necessary state or federal permits.

(Code 1970, § 15.5-2; Ord. of 3-3-1992; Ord. No. 2018-11, 4-24-2018)

Sec. 15.5-3. - Plan approvals.#

All plan approvals under this chapter shall be made by the building official. The building official, with the town council's approval, may designate such authority to another town official or agency. The building official and/or his designee shall have attended a soil erosion and sediment control training session sponsored by the United States Department of Agriculture Soil Conservation Service and Conservation Districts or shall be a professional engineer with any emphasis in the field of civil engineering.

(Code 1970, § 15.5-3; Ord. of 3-3-1992; Ord. No. 2018-11, 4-24-2018; Ord. No. 2018-18, 6-5-2018)

Sec. 15.5-4. - Determination of applicability.#

(a)

It shall be unlawful for any person to disturb any existing vegetation, grades, and contours of the land in a manner which may increase the potential for soil erosion without first applying for a determination of applicability from the building official or his designee. Upon determination of applicability, the owner/applicant shall submit a soil erosion and sediment control plan for approval by the building official or his designee, as provided in section 15.5-5. The application for determination of applicability shall describe the location, nature, character, and time schedule of the proposed land disturbing activity in sufficient detail to allow the building official or his designee to determine the potential for soil erosion and sedimentation resulting from the proposed project. In determining the applicability of the soil erosion and sediment control ordinance to a particular land disturbing activity, the building official or his designee shall consider site topography, drainage patterns, soils, proximity to watercourses, and other such information as deemed appropriate by the building official or his designee. A particular land disturbing activity shall not be subject to the requirements of this chapter if the building official or his designee finds that erosion resulting from the land disturbing activity is insignificant and represents no threat to adjacent properties or to the quality of any coastal feature or watercourse as defined herein. The current Rhode Island Soil Erosion and Sediment Control Handbook, U.S. Department of Agriculture Soil Conservation Service, state department of environmental management, and state conservation committee shall be consulted in making this determination.

(b)

No determination of applicability shall be required for the following:

(1)

Construction, alteration, or use of any additions to existing single-family or duplex homes or related structures, provided the ground coverage of such addition is less than 1,000 square feet, and such construction, alteration and use does not occur within 100 feet of any watercourse or coastal feature, and the slope at the site of land disturbance do not exceed ten percent.

(2)

Use of a home garden in association with on-site residential use.

(3)

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

(4)

Excavations for improvements other than those described in subsection (b)(1) of this section which exhibit all of the following characteristics:

a.

Does not result in a total displacement of more than 50 cubic yards of material;

b.

Has no slopes steeper than ten feet vertical in 100 feet horizontal or approximately ten percent; and

c.

Has all disturbed surface areas promptly and effectively protected to prevent soil erosion and sedimentation.

(5)

Grading, as a maintenance measure, or for landscaping purposes on existing developed land parcels or lots, provided that all bare surface is immediately seeded, sodded or otherwise protected from erosion actions and all of the following conditions are met:

a.

The aggregate of areas of such activity does not exceed 2,000 square feet;

b.

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

c.

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.

(6)

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 by engineering plans and specifications, are employed. Appropriate controls shall apply during construction as well as after the completion of these activities. All such work shall be undertaken in accordance with the performance principles provided for in section 15.5-33 and such standards and definitions as may be adopted to implement said performance principles.

(Code 1970, § 15.5-4; Ord. of 3-3-1992)

Sec. 15.5-5. - Provisions of plan; procedures.#

(a)

Filing and scope of plan.

(1)

To obtain approval for a land disturbing activity as found applicable by the building official or his designee under section 15.5-4, an applicant shall first file an erosion and sediment control plan signed by the owner of the property or his authorized agent, on which the work subject to approval is to be performed. The plan or drawings, as described in article II of this chapter, shall include proposed erosion and sediment control measures to be employed by the applicant or the applicant's agent.

(2)

State freshwater wetlands permit. Where any portion of a proposed development requires approval under the Rhode Island Freshwater Wetlands Act (G.L. 1956, § 2-1-15 et seq.), as amended, and where the approval contains provisions for soil erosion and sediment controls, that approved plan shall be a component of the overall soil erosion and sediment control plan required hereunder for the development.

(b)

Fees. The applicant shall pay all fees and costs of the site plan review by the state association of conservation districts. Also, the applicant shall pay such other fees as shall be set from time to time by resolution of the town council.

(c)

Plan review.

(1)

Within five working days of the receipt of the completed plan, the building official and/or his designee shall send a copy of the plan to the review authorities, which may include the public works department, planning board, and planning department, for the purpose of review and comment. The building official or his designee may also, within the above timeframe, submit copies of the plan to other local departments or agencies, including the conservation district that services their county, in order to better achieve the purpose of this chapter. Failure of the aforementioned review authorities to respond within 21 days of their receipt of the plan shall be deemed as no objection to the plan as submitted.

(2)

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

(d)

Plan approval.

(1)

The building official or his designee shall take action, in writing, either approving or disapproving the plan with reasons stated within ten days after the building official has received the written opinion of the aforementioned review authorities.

(2)

In approving a plan, the building official or his designee may attach such conditions deemed reasonably necessary by the aforementioned review authorities to further the purposes of this chapter. The conditions pertaining to erosion and sediment control measures and/or devices may include, but are not limited to, the erection of walls, drains, dams and structures, planting vegetation, trees and shrubs, furnishings, necessary easements, and specifying a method of performing various kinds of work and the sequence or timing thereof. The owner/applicant shall notify the building official or his designee in advance of his intent to begin clearing and construction work described in the erosion and sediment control plan. The applicant shall have this erosion and sediment control plan on the site during grading and construction.

(e)

Appeals.

(1)

Administrative procedures.

a.

If the ruling made by the building official or his designee is unsatisfactory to the applicant/owner, the applicant/owner may file a written appeal within 15 days from the date of such ruling. The appeal shall be to the zoning board of review which shall hear such appeal in the manner as appeals from decisions of the building official are heard.

b.

Appeal procedures shall follow current requirements for appeal to the zoning board of review.

c.

During the period in which the request for appeal is filed, and until such time as a final decision is rendered on the appeal, the decision of the building official or his designee shall remain in effect.

(2)

Expert opinion. The building official or his designee and the zoning board of review may seek technical assistance on any soil erosion and sediment control plan. The expert opinion must be made available in the office of the building official or his designee as a public record prior to the appeals hearing.

(Code 1970, § 15.5-5; Ord. of 3-3-1992; Ord. No. 2013-46, 10-1-2013)

Sec. 15.5-6. - Definitions.#

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

Applicant means any person, corporation, or public or private organization proposing a development which would involve disturbance to the natural terrain, as herein defined.

Cut means an excavation; the difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation.

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.

Erosion means the removal of mineral and/or organic matter by the action of wind, water, and/or gravity.

Excavate means any act by which earth, sand, gravel, rock, or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated, or bulldozed, and shall include the conditions resulting therefrom.

Fill means any act by which earth, sand, or other material is placed or removed to a new location aboveground. The fill is also the difference in elevation between a point of undisturbed ground and a designated point of higher elevation of the final grade.

Land disturbing activity means any physical land development activity which includes such actions as clearance of vegetation, moving or filling of land, removal or excavation of soil or mineral resources, or similar activities.

Runoff means the surface water discharge or rate of discharge of a given watershed after a fall of rain or snow and including seepage flows that do not enter the soil but run off the surface of the land. Also, that portion of water that is not absorbed by the soil, but runs off the land surface.

Sediment means solid material, both mineral and/or organic, that is in suspension, is being transported, or has been removed from its site of origin by wind, water, and/or gravity as a product of erosion.

Soil erosion and sediment control plan means the (approved) document required before any person may cause disturbance to the natural terrain within the town as herein regulated; also herein referred to as "erosion and sediment control plan" and "approved plan."

Watercourse means any tidewater or coastal wetland at its mean high water level and any freshwater wetland at its seasonal high water level, including, but not limited to, any river, stream, brook, pond, lake, swamp, marsh, bog, fen, wet meadow, or any other standing or flowing body of water. The edge of the watercourse as herein defined shall be used for delineation purposes.

(Code 1970, § 15.5-6; Ord. of 3-3-1992)

Secs. 15. - 5-7—15.5-30. Reserved.#

ARTICLE II. - SOIL EROSION AND SEDIMENT CONTROL PLAN#

Sec. 15.5-31. - Plan preparation.#

The erosion and sediment control plan shall be prepared by a registered professional engineer or registered landscape architect. Five copies of the plan shall be stamped, signed and submitted to the building official or his designee.

(Code 1970, § 15.5-21; Ord. of 3-3-1992; Ord. No. 2018-18, 6-5-2018)

Sec. 15.5-32. - Plan contents.#

The erosion and sediment control plan shall include sufficient information about the proposed activities and land parcels to form a clear basis for discussion and review and to ensure compliance with all applicable requirements of this chapter. The plan shall be consistent with the data collection, data analysis, and plan preparation guidelines in the current Rhode Island Stormwater Design and Installation Standards Manual, Rhode Island Soil Erosion and Sediment Control Handbook prepared by the U.S. Department of Agriculture, Soil Conservation Service, state department of environmental management, and state conservation committee and, at a minimum, shall contain: (1)

A narrative describing the proposed land disturbing activity and the erosion and sediment control measures and stormwater management measures to be installed to control erosion that could result from the proposed activity. Supporting documentation, such as a drainage area, existing site, and soil maps shall be provided as required by the building official or his designee.

(2)

Construction drawings illustrating in detail existing and proposed contours, drainage features, and vegetation; limits of clearing and grading, the location of soil erosion and sediment control and stormwater management measures, and detailed drawings of measures; stockpiles and borrow areas; sequence and staging of land disturbing activities; and other such information needed for construction.

(3)

Other information or construction plans and details as deemed necessary by the building official or his designee for thorough review of the plan prior to action being taken as prescribed in this chapter. Withholding or delay of such information may be reasons for the building official or his designee to judge the application as incomplete and grounds for disapproval.

(Code 1970, § 15.5-22; Ord. of 3-3-1992; Ord. No. 2018-18, 6-5-2018)

Sec. 15.5-33. - Performance principles.#

The contents of the erosion and sediment control plan shall clearly demonstrate how the principles outlined below have been met in the design and are to be accomplished by the proposed development project: (1)

The site selected shall show due regard for natural drainage characteristics and topography.

(2)

To the extent possible, steep slopes shall be avoided.

(3)

The grade of slopes created shall be minimized.

(4)

Post-development runoff rates should not exceed pre-development rates, consistent with the other stormwater requirements which may be in effect. Any increase in storm runoff shall be retained and recharged as close as feasible to its place of origin by means of detention ponds or basins, seepage areas, subsurface drains, porous paving, or similar techniques.

(5)

Original boundaries, alignment, and slopes of watercourses within the project locus shall be preserved to the greatest extent possible.

(6)

In general, drainage shall be directed away from structures intended for human occupancy, municipal or utility use, or similar structures.

(7)

All drainage provisions shall be of such a design and capacity so as to adequately handle stormwater runoff, including runoff from tributary upstream areas which may be outside the locus of the project.

(8)

Drainage facilities shall be installed as early as feasible during construction, prior to site clearance, if possible.

(9)

Fill located adjacent to watercourses shall be suitably protected from erosion by means of riprap, gabions, retaining walls, vegetative stabilization, or similar measures.

(10)

Temporary vegetation and/or mulching shall be used to protect bare areas and stockpiles from erosion during construction. The smallest areas feasible shall be exposed at any one time. Disturbed areas shall be protected during the nongrowing months of November through March.

(11)

Permanent vegetation shall be placed immediately following final grade.

(12)

Trees and other existing vegetation shall be retained whenever feasible. The area within the dripline shall be fenced or roped off to protect trees from construction equipment.

(13)

All areas damaged during construction shall be resodded, reseeded, or otherwise restored. Monitoring and maintenance schedules, where required, shall be predetermined.

(Code 1970, § 15.5-23; Ord. of 3-3-1992)

Secs. 15.5-34—15.5-54. - Reserved.#

ARTICLE III. - ENFORCEMENT#

Sec. 15.5-55. - Performance bond.#

(a)

Generally.

(1)

Before approving an erosion sediment control plan, the building official or his designee may require the applicant/owner to file a surety company performance bond, deposit of money, negotiable securities or other method of surety as specified by the building official or his designee. When any land disturbing activity is to take place within 100 feet of any watercourse, within an identified flood hazard district, or on slopes in excess of ten percent, the filing of a performance bond shall be required. The amount of the bond, as determined by the public works department, or in its absence, the building official or his designee, shall be sufficient to cover the cost of implementing all erosion and sediment control measures as shown on the plan.

(2)

The bond or negotiable security filed by the applicant shall be subject to approval of the form, content, amount, and manner of execution by the public works director and the town solicitor.

(3)

A performance bond for an erosion and sediment control plan for a subdivision may be included in the performance bond of the subdivision. The posting of the bond as part of the subdivision performance bond does not, however, relieve the owner of any requirements of this chapter.

(b)

Notice of default on performance secured by bond.

(1)

Whenever the building official or his designee shall find that a default has occurred in the performance of any terms or conditions of the bond or in the implementation of measures secured by the bond, written notice thereof shall be made to the applicant and to the surety of the bond by the town solicitor. The notice shall state the nature of default, the work to be done, the estimated cost thereof, and the period of time deemed by the building official or his designee to be reasonably necessary for the completion of the work.

(2)

Failure of the applicant to acknowledge and comply with the provisions and deadlines outlined in such notice of default shall cause the institution by the town solicitor, without further notice of proceedings whatsoever, of appropriate measures to utilize the performance bond to cause the required work to be completed by the town by contract or by other appropriate means as determined by the town solicitor.

(c)

Notice of default on performance secured by cash or negotiable securities deposit. If cash or a negotiable securities deposit has been posted by the applicant, notice and procedure shall be the same as provided for in subsection (b) of this section.

(d)

Release from performance bond conditions. The performance bonding requirement shall remain in full force and effect for 12 months following completion of the project, or longer if deemed necessary by the building official or his designee.

(Code 1970, § 15.5-31; Ord. of 3-3-1992)

Sec. 15.5-56. - Approval; expiration; renewal.#

(a)

Every approval granted herein shall expire at the end of the time period set forth in the conditions. The developer shall fully perform and complete all of the work required within the specified time period.

(b)

If the developer is unable to complete the work within the designated time period, he shall, at least 30 days prior to the expiration date, submit a written request for an extension of time to the building official or his designee, setting forth the reasons underlying the requested time extension. If the extension is warranted, the building official or his designee may grant an extension of time up to a maximum of one year from the date of the original deadline.

(Code 1970, § 15.5-32; Ord. of 3-3-1992)

Sec. 15.5-57. - Maintenance of measures.#

Maintenance of all erosion sediment control devices under this chapter shall be the responsibility of the owner. The erosion sediment control devices shall be maintained in good condition and working order on a continuing basis. Watercourses originating and located completely on private property shall be the responsibility of the owner to their point of open discharge at the property line or at a communal watercourse within the property.

(Code 1970, § 15.5-33; Ord. of 3-3-1992)

Sec. 15.5-58. - Liability of applicant.#

Neither approval of an erosion and sediment control plan nor compliance with any conditions of this chapter shall relieve the owner/applicant from any responsibility for damage to persons or property, nor impose any liability upon the town for damages to persons or property.

(Code 1970, § 15.5-34; Ord. of 3-3-1992)

Secs. 15. - 5-59—15.5-89. Reserved.#

ARTICLE IV. - INSPECTIONS AND NOTIFICATION#

Sec. 15.5-90. - Periodic inspections.#

The provisions of this chapter shall be administered and enforced by the building official or his designee. All work shall be subject to periodic inspections by the building official or his designee. All work shall be performed in accordance with an inspection and construction control schedule approved by the building official or his designee, who shall maintain a permanent file on all of his inspections. Upon completion of the work, the developer or owner shall notify the building official or his designee that all grading, drainage, erosion and sediment control measures and devices, and vegetation and ground cover planting has been completed in conformance with the approval, all attached plans, specifications, conditions, and other applicable provisions of this chapter.

(Code 1970, § 15.5-41; Ord. of 3-3-1992)

Sec. 15.5-91. - Final inspection.#

(a)

Upon notification of the completion by the owner, the building official or his designee shall make a final inspection of the site in question and shall prepare a final summary inspection report of its findings which shall be retained in the department of inspections and in the department of public works permanent inspection file.

(b)

The applicant/owner may request the release of his performance bond from the building official or his designee 12 months after the final site inspection has been completed and approved. In the instance where the performance bond has been posted with the recording of a final subdivision, the bond shall be released after the building official or his designee has been notified by the town planning director of successful completion of plat improvements by the applicant/owner.

(Code 1970, § 15.5-42; Ord. of 3-3-1992)

Sec. 15.5-92. - Notification.#

If, at any stage, the work in progress and/or completed under the terms of an approved erosion and sediment control plan does not conform to the plan, a written notice from the building official or his designee to comply shall be transmitted by certified mail to the owner. The notice shall set forth the nature of the temporary and permanent corrections required and the time limit within which corrections shall be completed as set forth in section 15.5-93(b). Failure to comply with the required corrections within the specified time limit shall be considered in violation of this chapter, in which case, the performance bond or cash or negotiable securities deposit shall be subject to notice of default, in accordance with section 15.5-55(b) and (c).

(Code 1970, § 15.5-43; Ord. of 3-3-1992)

Sec. 15.5-93. - Penalties.#

(a)

Revocation or suspension of approval. The approval of an erosion and sediment control plan under this chapter may be revoked or suspended by the building official and all work on the project halted for an indefinite time period by the building official after written notification is transmitted by the building official to the developer 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 chapter or any other applicable law, ordinance, rule, or regulation related to the work or site of work; and

(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 chapter.

(b)

Other penalties. In addition thereto, whenever there is a failure to comply with the provisions of this chapter, the town shall have the right to notify the applicant/owner that he has five days from the receipt of notice to temporarily correct the violations and 30 days from receipt of notice to permanently correct the violations. Should the applicant/owner fail to take the temporary corrective measures within the five-day period and the permanent corrective measures within the 30-day period, the town shall then have the right to take whatever actions it deems necessary to correct the violations and to assert a lien on the subject property in an amount equal to the costs of 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 with the records of land evidence of the municipality, and the lien shall incur legal interest from the date of recording. The imposition of any penalty shall not exempt the offender from compliance with the provisions of this chapter, including revocation of the performance bond or assessment of a lien on the property by the town.

(Code 1970, § 15.5-44; Ord. of 3-3-1992)