Town of Lincoln, RI Soil Erosion and Sedimentation Control

It is unlawful for any person to disturb any existing vegetation, grades, and contours of land in a manner that may affect the quality of stormwater discharges associated with the construction activity, without first applying for a determination of applicability from the Building Official/Town Engineer or his or her designee.

Upon determination of applicability, the owner/applicant shall submit a stormwater pollution prevention plan (SWPPP) for approval by the Building Official/Town Engineer or his or her designee, as provided in § 213-4. 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/Town Engineer or his or her designee to determine the potential for soil erosion and sedimentation resulting from the proposed project. In determining the applicability of this Soil Erosion and Sediment Control Chapter to a particular land-disturbing activity, the Building Official/Town Engineer or his or her designee shall consider site topography, drainage patterns, soils, proximity to watercourses, and other information deemed appropriate by the Building Official/Town Engineer or his or her designee. Where less than a total of one acre is disturbed, a particular land-disturbing activity shall not be subject to the requirements of this chapter if the Building Official/Town Engineer or his or her 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 in § 213-13. The current "Rhode Island Soil Erosion and Sediment Control Handbook," prepared by the U.S. Department of Agriculture, Natural Resources Conservation Service, Rhode Island Department of Environmental Management, and Rhode Island State Conservation Committee shall be consulted in making this determination.

This chapter shall not apply to existing quarrying operations actively engaged in excavating rock but shall apply to sand and gravel extraction operations.

No determination of applicability is required for the following exempt activities:

Construction, alteration, or use of any additions to existing single-family or duplex homes or related structures; provided that the grounds coverage of addition is less than 1,000 square feet, and construction, alteration and use does not occur within 100 feet of any watercourse or coastal feature, and the slopes at the site of land disturbance do not exceed 10%.

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

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

(4)

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

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

Has no slopes steeper than 10 feet vertical in 100 feet horizontal or approximately 10%; and

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 erosive actions, and all of the following conditions are met:

The aggregate area of activity does not exceed 2,000 square feet; and

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

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 that adequate and acceptable erosion and sediment controls and controls for other construction wastes are incorporated in engineering plans and specifications are followed and employed. Appropriate controls apply during construction as well as after the completion of these activities. All work shall be undertaken in accordance with the performance principles provided for in § 213-5C and the standards and definitions that may be adopted to implement the performance principles.

§ 213-4 Provisions of plan; procedures.

Plan.

To obtain approval for a land-disturbing activity as found applicable by the Building Official/Town Engineer or his or her designee under § 213-3, an applicant shall first file an erosion and sediment control plan and soil erosion and sediment control permit application with appropriate fee. If the area of disturbance is one acre or greater in size, an applicant shall also submit a stormwater pollution prevention plan (SWPPP) signed by the owner of the property, or authorized agent, on which the work subject to approval is to be performed. The plan or drawings, as described in § 213-5, shall include proposed erosion and sediment control measures, waste management measures, and best management practices (BMP) to be employed by the applicant or the applicant's agent, to reduce or eliminate the pollutants in stormwater discharges at the site.

Rhode Island freshwater wetlands permit: Where any portion of a proposed development requires approval under any provision of the General Laws approved by the General Assembly or where the approval contains provisions for soil erosion and sediment controls, that approved plan shall be a component of the overall erosion and sediment control plan and/or SWPPP required under this chapter for the development.

Construction general permit: In those cases where a SWPPP is submitted, the applicant shall also submit a copy of the notice of intent submitted the RIDEM.

Fees. The Town of Lincoln shall collect a fee of $250 from each applicant requesting approval of a SWPPP or $75 for an erosion and sediment control plan for the purposes of administering this chapter. The fee shall be waived if submitted in conjunction with building permit application.

Plan review.

Within five working days of the receipt of a completed plan, the Building Official/Town Engineer or his or her designee shall send a copy of the plan to the review authorities who may include the Public Works Department, the Planning Board or Planning Department, and Conservation Commission for the purpose of review and comment. The Building Official/Town Engineer or his or her designee may also, within five working days, 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 purposes of this chapter. Failure of these review authorities to respond within 21 days of their receipt of the plan shall be deemed as no objection to the plan as submitted.

The time allowed for plan review shall be commensurate with the proposed development project, and shall be done simultaneously with other reviews. The submittal of plans for review shall amount to acknowledgement and authorization from the applicant for municipal officials to enter upon and inspect private property where work is proposed for the purpose of reviewing site conditions as they relate to soil erosion, surface water runoff, and sediment control.

Plan approval.

The Building Official/Town Engineer or his or her designee shall take action in writing, either approving or disapproving the plan, with reasons stated within 10 days after the Building Official/Town Engineer, or his or her designee, has received the written opinion of the review authorities.

In approving a plan, the Building Official/Town Engineer or his or her designee may attach conditions deemed reasonably necessary by the 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 of the work.

The applicant/owner shall notify the Building Official/Town Engineer, or his or her designee, two business days in advance of his or her intent to begin clearing and construction work described in the erosion and sediment control plan and/or SWPPP. All controls must be installed, and inspected and approved by the Building Official/Town Engineer, or his or her designee, prior to any excavation, filling, or construction activities that disturb earth.

(4)

The erosion and sediment control plan and/or SWPPP must be retained on site for the duration of the project and shall be made available on request. The applicant shall have the erosion and sediment control plan on the site during grading and construction.

Appeals.

Administrative procedures:

If the determination made by the Building Official/Town Engineer or his or her designee is unsatisfactory to the applicant/owner, the applicant/owner may file a written appeal. The appeal of plans for soil erosion and sediment control and construction site runoff control shall be made to the Zoning Board of Review or other appropriate board of review, as determined by the Town Council.

Appeal procedures shall follow current requirements for appeal to the above-mentioned boards.

During the period in which the request for appeal is filed, and until the time that a final decision is rendered on the appeal, the decision of the Building Official/Town Engineer or his or her designee remains in effect.

Expert opinion. The Building Official/Town Engineer, or his or her designee, the Zoning Board of Review, or other board of review, may seek technical assistance on any erosion and sediment control plan and/or SWPPP. The expert opinion must be made available in the office of the Building Official, Town Engineer, or his or her designee, as a public record prior to the appeals hearing.

§ 213-5 Erosion and sediment control plan and stormwater pollution prevention plan.

Application. The applicant must submit a soil erosion and sediment control permit application, provided in Appendix A[1] of this chapter, along with all supporting material required herein. The application shall be signed by the owner.

[1]

Editor's Note: Said application is available in the Town offices.

Plan preparation. The erosion and sediment control plan and/or SWPPP shall be prepared by a registered professional engineer, or landscape architect or a CPESC, Inc., certified erosion and sediment control specialist. Copies of the plan shall be submitted to the Building Official/Town Engineer or his or her designee. Erosion and sediment control plans for single-family house lots submitted in conjunction with a building permit application may be prepared by a licensed surveyor. SWPPPs requiring engineering shall be stamped and signed by a registered professional engineer.

Plan contents. The erosion and sediment control plan and/or SWPPP shall include sufficient information about the proposed activities and land parcels to form a clear basis for discussion and review and to assure compliance with all applicable requirements of this chapter. The plans shall be consistent with the data collection, data analysis, and plan preparation guidelines in the current Rhode Island Soil Erosion and Sediment Control Handbook, prepared by the United States Department of Agriculture, Soil Conservation Service, Rhode Island Department of Environmental Management, Rhode Island State Conservation Committee.

For sites disturbing less than one acre, the erosion and sediment control plan shall include the following:

Property boundaries;

Existing and proposed conditions including topography, limits of vegetation, and limits of clearing;

Proposed stormwater management measures;

(d)

Vegetated and structural BMPs to provide appropriate erosion and sediment controls in accordance with current edition of the Rhode Island Soil Erosion and Sediment Control Handbook;

(e)

Construction details for vegetated and structural BMPs in accordance with the Rhode Island Department of Transportation (RIDOT) Standard Specifications for Road and Bridge Construction and RIDOT's Standard Details.

For sites disturbing greater than one acre, the erosion and sediment control plan and SWPPP shall be prepared in conformance with the requirements for a SWPPP, as provided in the RIDEM's General Permit for Stormwater Discharge Associated with Construction Activity.

Narrative. The narrative shall include the following: a description of the proposed land-disturbing activity, estimates of the total area of the site and the total area of the site expected to be disturbed, and any proposed sequencing of the project; soil erosion and sediment control measures, stormwater management measures, waste management measures, and measures to be installed to control other wastes that could result from the proposed activity; and a description of any potential sources of pollution that may be expected to affect the quality of stormwater discharges from the site. Supporting documentation, such as a drainage area, existing site, and soil maps shall be provided as required by the Building Official or his or her designee.

Construction drawings. Construction drawings illustrating in detail existing and proposed property boundaries, contours, drainage features, and limits of vegetation; limits of clearing and grading, the location of soil erosion and sediment controls, stormwater management measures, and controls for other wastes; detailed drawings of the controls and measures; the location of stock piles and borrow areas; waste collection and burial areas, concrete truck washout sites; sequence and staging of land-disturbing activities; and other information required for construction.

A schedule showing the sequence of construction and inspection and maintenance of erosion and sediment control and waste control measures.

(d)

Erosion and sediment controls. A description, including construction details appropriate to the site, for both vegetative and structural erosion and sediment control practices. Vegetative BMPs are designed to preserve existing vegetation where attainable and revegetate open areas as soon as practicable after grading or construction. Structural BMPs divert flows from exposed soils, filter runoff, storm flows or otherwise limit runoff from coming into contact with exposed, unvegetated areas of the site and to prevent sediments and/or other pollutants from leaving the site.

(e)

Postconstruction stormwater management controls in accordance with the current edition of the RIDEM Rhode Island Stormwater Design and Installation Standards Manual provide descriptions of measures that will be installed during the construction project to control pollutants in stormwater discharges that will occur at the site after the construction operations have been completed.

(f)

Other controls:

[1]

Waste disposal. A description of other controls, including construction details appropriate for the site, to eliminate the discharge of other construction wastes found on the construction site. All types of waste generated at the site shall be disposed of in a manner consistent with state law and/or regulations.

[2]

Good housekeeping. Good housekeeping measures to provide for the minimization of exposure of construction debris to precipitation and for the proper disposal of such debris shall be specified.

[3]

Spill prevention. Areas where potential spills can occur shall be identified. The potential for spills to enter the stormwater drainage system shall be eliminated.

(g)

Maintenance. A description of procedures to maintain, in good and effective operating condition, vegetation, stormwater control measures, sediment and erosion controls, and other protective measures, identified in the site plan.

Other information. Other information or construction plans and details as deemed necessary by the Building Official/Town Engineer or his or her designee for a thorough review of the plan prior to action being taken as prescribed in this chapter. Withholding or delay of information may be reasons for the Building Official/Town Engineer or his or her designee to judge the application as incomplete and providing grounds for disapproval of the application.

Performance principles. The contents of the erosion and sediment control plan and/or SWPPP shall clearly demonstrate how the principles, outlined in this subsection, have been met in the design and are to be accomplished by the proposed development project.

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

To the extent possible, steep slopes shall be avoided.

The grade of created slopes shall be minimized.

(4)

Postdevelopment runoff rates should not exceed predevelopment rates, consistent with 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 technique.

(5)

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

(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 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. Drainage facilities shall be protected from erosion and sedimentation during construction and cleaned and maintained as necessary.

(9)

Fill located adjacent to watercourses shall be suitably protected from erosion by means of rip-rap, 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, November through March.

(11)

Permanent vegetation shall be placed immediately following fine grading.

(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. Where soil compaction has occurred through storage of materials or use of equipment, soil infiltration shall be restored through use of soil amendments or other means. Monitoring and maintenance schedules, where required, shall be predetermined.

(14)

All controls installed or used to achieve compliance with this chapter must be properly operated and maintained at all times.

(15)

Sediment controls, stormwater measures and other controls shall protect downstream water bodies from adverse water quality impacts resulting from construction activities.

(16)

Construction wastes shall be managed to reduce the potential for stormwater runoff to mobilize them and contaminate surface- or groundwater. The storage, disposal, or use as fill of material containing asphalt, concrete, construction debris or stumps, even if determined to be nonhazardous, is prohibited.

Existing uses and facilities.

The Building Official/Town Engineer and/or his or her designee shall accept plans for existing uses and facilities which by their nature may cause erosion and sedimentation, such as excavation and quarrying operations; provided that this section shall not apply to § 213-3A(1). Plans or satisfactory evidence to demonstrate that the existing operations accomplish the objectives of the section shall be submitted to the Building Official/Town Engineer and/or his/her designee within 120 days from the date of the determination of applicability. Implementation of the plan shall be initiated upon approval of the plan.

When the preexisting use is a gravel extraction operation, the property owner shall conduct the operation in a manner so as not to devalue abutting properties; to protect abutting property from wind erosion and soil erosion due to increased runoff, sedimentation of reservoirs, and drainage systems; and to limit the depth of extraction so as not to interfere with the existing nearby water table.

§ 213-6 Performance bond.

Performance bond.

Before approving an erosion and sediment control plan and/or SWPPP, the Building Official/Town Engineer or his or her 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/Town Engineer or his or her designee. When any land-disturbing activity is to take place within 100 feet of any watercourse or coastal feature or within an identified flood hazard district, or on slopes in excess of 10%, 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/Town Engineer or his or her designee, shall be sufficient to cover the cost of implementing all measures as shown on the plan.

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 city or Town Solicitor.

A performance bond for an erosion and sediment control plan or SWPPP for a subdivision or development 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.

Notice of default on performance secured by bond.

Whenever the Building Official/Town Engineer or his or her designee finds 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 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, work to be done, the estimated cost, and the period of time deemed by the Building Official/Town Engineer or his or her designee to be reasonably necessary for the completion of the work.

Failure of the applicant to acknowledge and comply with the provisions and deadlines outlined in the notice of default means 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 city or Town Solicitor.

Notice of default on performance secured by cash or negotiable securities deposit. If a cash or negotiable securities deposit has been posted by the applicant, notice and procedure are the same as provided for in Subsection B of this section.

Release from performance of 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/Town Engineer or his or her designee. Under no circumstance shall the bond be released without the installation of vegetation of disturbed areas to the satisfaction of the Building Inspector, Town Engineer or his or her designee.

§ 213-7 Approval; expiration; renewal.

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

If the developer is unable to complete the work within the designated time period, he or she 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 or her designee, stating the underlying reasons for the requested time extension. If the extension is warranted, the Building Official/Town Engineer or his or her designee may grant an extension of time up to a maximum of one year from the date of the original deadline. Subsequent extensions under the same conditions may be granted at the discretion of the Building Official/Town Engineer.

§ 213-8 Maintenance of measures.

Maintenance of all erosion sediment control devices under this chapter shall be the responsibility of the owner. The erosion and sediment control measures and controls for other wastes 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.

§ 213-9 Liability of applicant.

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

§ 213-10 Inspections.

Periodic inspections. The provisions of this chapter shall be administered and enforced by the Building Official/Town Engineer or his or her designee. All work shall be subject to periodic inspections by the Building Official/Town Engineer, or his or her designee. All work shall be performed in accordance with an inspection and construction control schedule approved by the Building Official/Town Engineer or his or her designee, who shall maintain a permanent file on all of his or her inspections. The owner or his/her agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved erosion and sediment control plan and/or SWPPP. The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures.

The developer or owner shall notify the Building Official/Town Engineer of the installation of erosion and sediment control measures for inspection. Excavation, filling, and construction activities shall not commence until erosion and sedimentation controls are installed and approved by the Town of Lincoln.

Final inspection.

Upon notification of the completion by the owner, the Building Official/Town Engineer or his or her 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 inspections file.

The applicant/owner may request the release of his or her performance bond from the Building Official/Town Engineer or his or her 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/Town Engineer or his or her designee has been notified by the city or Town Planning Director of successful completion of all plat improvements by the applicant/owner.

§ 213-11 Notification of noncompliance.

If, at any stage, the work in progress and/or completed under the terms of an approved erosion and sediment control plan and/or a SWPPP does not conform to the plan, a written notice from the Building Official/Town Engineer or his or her designee to comply shall be transmitted by certified mail to the owner. The notice shall state the nature of the temporary and permanent corrections required, and the time limit within which corrections shall be completed as established in § 213-12B of this chapter. Failure to comply with the required corrections within the specified time limit is considered a violation of this chapter, in which case the performance bond or cash or negotiable securities deposit is subject to notice of default, in accordance with § 213-6B and C of this chapter.

§ 213-12 Violations and penalties.

Revocation or suspension of approval. The approval of an erosion and sediment control plan and/or a SWPPP under this chapter may be revoked or suspended by the Building Official/Town Engineer and all work on the project halted for an indefinite time period by the Building Official/Town Engineer after written notification is transmitted by the Building Official/Town Engineer to the developer for one or more of the following reasons:

Violation of any condition of the approved plan, or specifications pertaining to it;

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