[HISTORY: Adopted by the Town Council of
the Town of Lincoln 1-21-2004 by Ord. No. 04-1 (Ch.
5, Art. III, of the 1990 Code of Ordinances); amended in its entirety 4-28-2015 by Ord. No. 2015-04. Subsequent amendments noted where applicable.]
STATE LAW REFERENCES
Soil erosion and sediment control — See
R.I.G.L. § 45-46-1 et seq.
A.Â
The Lincoln Town Council finds that excessive
quantities of soil are eroding from certain areas that are undergoing
development for nonagricultural uses such as housing developments,
industrial areas, recreational facilities, and roads. This erosion
makes necessary 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.Â
The purpose of this chapter is to control
the discharge of construction waste and to prevent soil erosion and
sedimentation from occurring as a result of nonagricultural development
within the city or Town by requiring the use of appropriate best management
practices (BMP), proper provisions for water disposal, construction
waste management, and the protection of soil surfaces to reduce or
eliminate pollutants in stormwater discharges, during and after construction,
in order to promote the safety, public health, and general welfare
of the city or Town.
This chapter is applicable to any situation involving any disturbance to the terrain, topsoil or vegetative ground cover upon any property within the Town of Lincoln after determination of applicability by the Building Official/Town Engineer or his or her designee based upon criteria outlined in § 213-3. Compliance with the requirements as described in this chapter shall not be construed to relieve the owner/applicant of any obligations to obtain necessary state or federal permits.
A.Â
Required.
(1)Â
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.
(2)Â
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.
(3)Â
This chapter shall not apply to existing
quarrying operations actively engaged in excavating rock but shall
apply to sand and gravel extraction operations.
B.Â
No determination of applicability is required
for the following exempt activities:
(1)Â
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%.
(2)Â
Use of a home garden in association with
on-site residential use.
(3)Â
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)Â
Excavations for improvements other than those described in Subsection B(1) of this section which exhibit all of the following characteristics:
(5)Â
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:
(a)Â
The aggregate area of activity does
not exceed 2,000 square feet; and
(b)Â
The change of elevation does not
exceed two feet at any point; and
(c)Â
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)Â
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.
A.Â
Plan.
(1)Â
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.
(2)Â
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.
(3)Â
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.
B.Â
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.
C.Â
Plan review.
(1)Â
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.
(2)Â
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.
D.Â
Plan approval.
(1)Â
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.
(2)Â
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.
(3)Â
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)Â
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.
E.Â
Appeals.
(1)Â
Administrative procedures:
(a)Â
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.
(b)Â
Appeal procedures shall follow current
requirements for appeal to the above-mentioned boards.
(c)Â
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.
(2)Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
(1)Â
For sites disturbing less than one acre,
the erosion and sediment control plan shall include the following:
(a)Â
Property boundaries;
(b)Â
Existing and proposed conditions
including topography, limits of vegetation, and limits of clearing;
(c)Â
Proposed stormwater management measures;
(d)Â
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)Â
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.
(2)Â
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.
(a)Â
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.
(b)Â
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.
(c)Â
A schedule showing the sequence of
construction and inspection and maintenance of erosion and sediment
control and waste control measures.
(d)Â
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)Â
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)Â
Other controls:
[1]Â
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]Â
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]Â
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)Â
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.
(3)Â
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.
D.Â
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.
(1)Â
The site selected shall show due regard
for natural drainage characteristics and topography.
(2)Â
To the extent possible, steep slopes shall
be avoided.
(3)Â
The grade of created slopes shall be minimized.
(4)Â
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)Â
Original boundaries, alignment, and slope
of watercourses within the project locus shall be preserved to the
greatest extent feasible.
(6)Â
In general, drainage shall be directed
away from structures intended for human occupancy, municipal or utility
use, or similar structures.
(7)Â
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)Â
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)Â
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)Â
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)Â
Permanent vegetation shall be placed
immediately following fine grading.
(12)Â
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)Â
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)Â
All controls installed or used to
achieve compliance with this chapter must be properly operated and
maintained at all times.
(15)Â
Sediment controls, stormwater measures
and other controls shall protect downstream water bodies from adverse
water quality impacts resulting from construction activities.
(16)Â
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.
E.Â
Existing uses and facilities.
(1)Â
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.
(2)Â
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.
A.Â
Performance bond.
(1)Â
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.
(2)Â
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.
(3)Â
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.
B.Â
Notice of default on performance secured
by bond.
(1)Â
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.
(2)Â
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.
C.Â
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.
D.Â
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.
A.Â
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.
B.Â
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.
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.
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.
A.Â
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.
B.Â
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.
C.Â
Final inspection.
(1)Â
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.
(2)Â
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.
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.
A.Â
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:
(1)Â
Violation of any condition of the approved
plan, or specifications pertaining to it;
(2)Â
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)Â
The existence of any condition or the performance
of any act constituting or creating a nuisance, hazard, or endangerment
to human life or the property of others, or contrary to the spirit
or intent of this chapter.
B.Â
Other penalties. In addition, whenever
there is a failure to comply with the provisions of this chapter,
the Town has the right to notify the applicant/owner that he or she
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 thirty-day period, the Town then has 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 Town, and the lien does 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.
C.Â
In addition to any other penalties provided
in this section, the Town is authorized and empowered to provide by
local ordinance for penalties and/or fines of not more than $250 for
failure to submit plans on or before the date on which the plan must
be submitted, as stated in the determination of applicability. Each
day that the plan is not submitted constitutes a separate offense.
As used in this chapter, the following
terms shall have the meanings indicated:
Any persons, corporation, or public or private organization
proposing a development which would involve disturbance to the natural
terrain as defined in this chapter.
Coastal beaches and dunes, barrier beaches, coastal wetlands,
coastal cliffs, bluffs, and banks, rocky shores, and man-made shorelines
as defined in the State of Rhode Island Coastal Resources Management
Program, as amended June 28, 1983.
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.
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 city or Town.
The removal of mineral and/or organic matter by the action
of wind, water, and/or gravity.
Any act by which earth, sand, gravel, or any other similar
material is dug into, cut, removed, displaced, relocated, or bulldozed,
and includes the resulting conditions.
Any act by which earth, sand, or other material is placed
or moved to a new location aboveground. The fill is also the difference
in elevation between a point of existing undisturbed ground and a
designated point of higher elevation of the final grade.
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.
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.
Solid material, both mineral and/or organic, that is in suspension,
is being transported, or has been moved from its site or origin by
wind, water, and/or gravity as a product of erosion.
The approved document required before any person may cause
a disturbance to the natural terrain within the city or Town as regulated
by this chapter. Also, referred to as "SWPPP" or "approved plan."
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 shall be used for delineation purposes.