Town of Coventry, RI
Kent County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Coventry as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Water Quality Task Force — See Ch. 74.
Flood damage prevention — See Ch. 131.
Industrial waste disposal — See Ch. 142.
Sewers — See Ch. 191.
Soil erosion and sediment control — See Ch. 200.
Subdivision of land — See Ch. 213.
Wells — See Ch. 242.
Zoning — See Ch. 255.
[Adopted 3-31-2008 by Ord. No. 2-08-268]

§ 206-1 Findings, purpose and intent.

A. 
Unmitigated stormwater from areas altered by development may pose public health and safety threats. Potential contaminants in stormwater runoff may include suspended solids, nitrogen, phosphorus, hydrocarbons, heavy metals, pathogenic organisms (bacteria and viruses), and road salts.
B. 
This article establishes the administrative mechanisms necessary for the Town of Coventry to ensure proper stormwater management. The article is written to work in conjunction with current state regulations.

§ 206-2 Applicability.

This article shall apply to all development occurring within Coventry. No person shall engage in land development activities without receiving approval from the Planning Department, unless specifically exempted by § 206-3 of this article.

§ 206-3 Exemptions.

The following activities do not require written approval pursuant to this article:
A. 
Agricultural land management activities carried out in accordance with a conservation management plan that has been approved by the Natural Resources Conservation Service (NRCS). Proof of said approval by the NRCS shall be submitted to the Planning Department in order for this exemption to apply.
B. 
Construction, alteration or use of any additions to existing single-family or duplex homes or related structures, provided that the grounds coverage of such addition is less than 10,000 square feet, and such 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 5%.
C. 
Grading, as a maintenance measure or for landscaping, on contiguous areas of developed land, parcels and lots, which in aggregate do not exceed 5,000 square feet.

§ 206-4 Variances.

The Planning Department reviewing an application under this article may:
A. 
Vary requirements of this article when strict implementation of the requirements of this article create an unnecessary hardship or are not feasible.
B. 
Allow use of an innovative management practice where strict adherence to existing criteria would be costly or of negligible environmental benefit.

§ 206-5 Submissions and approvals.

In accordance with this article, all persons must obtain approval from the Planning Department prior to engaging in any land development activities, unless exempted by § 206-3 of this article. To obtain approval, applicants must demonstrate compliance with all policy, standards and requirements of this article to the satisfaction of the Planning Department. Applicants may demonstrate compliance via submission of materials and documentation, including but not limited to a stormwater management plan, site plan and maintenance agreement in accordance with this article. Plans will be reviewed in conjunction with site plan reviewed by the Planning Board.

§ 206-6 Technical standards.

All applicants are required to develop and submit a stormwater management plan. All stormwater management plans must address stormwater management on a site-by-site basis and all requirements of this article. All stormwater management practices shall be consistent with the Rhode Island Stormwater Design and Installation Standards Manual and the Rhode Island Soil Erosion and Sediment Control Handbook, as amended.
A. 
Performance standards. Stormwater management plans shall incorporate best management practices (BMPs) for water quality control, which in combination are demonstrated to reduce the average annual total suspended solids in postdevelopment runoff by 80%. Development in drinking water supply watersheds or watersheds where impaired waters as defined by the state's 303(d) list exist may be held to higher standards.
B. 
Disallowed stormwater best management practices (BMPs). The placement of detention basins and other stormwater structures within a floodplain shall be avoided. If there is no alternative, the applicant must show what effects, if any, the tailwaters created by the floodplain will have on the outflow and effective storage capacity of the detention facility.
C. 
Facilitation of maintenance. Facilities that require maintenance shall be designed to minimize the need for regular maintenance, facilitate required maintenance, and ensure accessibility of components that require maintenance. At a minimum, all stormwater management plans must incorporate BMPs with appropriate maintenance design in accordance with the Rhode Island Stormwater Design and Installation Standards Manual, as amended; or the Rhode Island Soil Erosion and Sediment Control Handbook, as amended.
D. 
Flood protection. Stormwater management plans shall demonstrate that a proposed project provides for protection of life and property from flooding and flood flows. Water quantities must be controlled in accordance with the Rhode Island Stormwater Design and Installation Standards Manual, as amended, or a municipally approved regional stormwater management plan for the watershed in which the project site is located. Stormwater management plans shall demonstrate incorporation of the following standards into the proposed project:
(1) 
Control and maintenance of postdevelopment peak discharge rates from the two-year, ten-year, twenty-five-year, and one-hundred-year storm events such that they meet predevelopment levels.
(2) 
Downstream analysis of the one-hundred-year storm event and control of the peak discharge rate for the one-hundred-year storm to mitigate significant downstream impacts.
(3) 
Discharge from any stormwater facility must be conveyed through properly constructed conveyance system to provide for nonerosive flows during all storm events. The proposed stormwater conveyance system consisting of open channels, pipes, and other conveyance devices shall at a minimum accommodate the runoff from a twenty-five-year storm event. The stormwater conveyance system must provide for nonerosive flows to receiving waters.
E. 
Surface water and groundwater. Stormwater management plans shall demonstrate that during postdevelopment, all receiving waters will be recharged in a manner closely resembling predevelopment conditions and that the developed site will retain hydrological conditions that closely resemble of those prior to disturbance. The goal of the stormwater design shall be that hydrologic conditions in each subwatershed match predevelopment conditions.

§ 206-7 Maintenance requirements for best management practices (BMPs).

A. 
Routine maintenance and repair procedures.
(1) 
Preventative maintenance procedures are required to maintain the intended operation and safe condition of the stormwater management facility by greatly reducing the occurrence of problems and malfunctions. To be effective, preventative maintenance shall be performed on a regular basis and include such routine procedures as training of staff, periodic inspections, grass cutting, elimination of mosquito breeding habitats, and pond maintenance. Disposal of sediment and debris must occur on a regular basis (unless otherwise specified within an approved plan), at suitable disposal sites or recycling sites and shall comply with applicable local, state and federal regulations.
(2) 
Corrective maintenance procedures are required to correct a problem or malfunction at a stormwater management facility and to restore the facility's intended operation and safe condition. Based upon the severity of the problem, corrective maintenance must be performed on an as-needed or emergency basis and includes such procedures as structural repairs, removal of debris, sediment and trash removal, erosion repair, snow and ice removal, fence repair, mosquito extermination, and restoration of vegetated and nonvegetated linings.
B. 
General maintenance standards for stormwater best management practices (BMPs).
(1) 
Maintenance design and maintenance procedures for all stormwater BMPs shall be in accordance Rhode Island Stormwater Design and Installation Standards Manual, as amended; or the Rhode Island Soil Erosion and Sediment Control Handbook, as amended, as well as in accordance with the manufacturer's recommendations. Stormwater management plans shall demonstrate appropriate maintenance design and procedures for each proposed best management practice.
(2) 
A maintenance schedule for each type of BMP must be included in the stormwater management plan. These schedules shall list the frequency and type of maintenance operations necessary along with the legally responsible party's name, address, and telephone number. If the stormwater drainage facility is to be deeded to the local municipality, the applicant must obtain a letter from the municipality acknowledging maintenance responsibility and intent of ownership.

§ 206-8 Stormwater management plans.

A. 
Calculations. In addition to the information required for the site plan, the following information must also be included with the application, where applicable:
(1) 
The area of each subwatershed shall be identified on final site plans.
(2) 
The area of impervious surfaces (including all roads, driveways, rooftops, sidewalks, etc.) for each subbasin as identified in the Rhode Island Stormwater Design and Installation Standards Manual, as amended.
(3) 
Weighted curve numbers (CNs), as determined by the SCS TR-55 method, for each subbasin as identified in the Rhode Island Stormwater Design and Installation Standards Manual, as amended.
(4) 
Invert elevations for all applicable BMPs; in addition, for all basins include the elevations for permanent and/or flood pool stages, including peak discharge rates for each stage.
(5) 
The total volume capacity for all flood control and water quality BMPs (e.g., infiltration basin, detention basins, wet ponds, etc.). Volumes must be segregated into permanent and flood pool stage volumes where applicable. Furthermore, the volumes of all sediment storage (basins, forebays, etc.) areas must also be provided.
(6) 
Predevelopment and postdevelopment peak discharge rates and runoff volumes for the two-year, ten-year, twenty-five-year, and one-hundred-year frequency storm events for each subwatershed to each separate water or discharge point. The water quality volume must also be calculated for each subwatershed. All relevant variables such as curve numbers and time of concentration, along with the supporting computations and worksheets, must be included. The entire site shall be included in an evaluated subwatershed.
B. 
Narrative description. As part of the stormwater management plan, the applicant shall include a discussion of the protection of environmental resource functions and values. The following outline is provided as guidance for preparing a narrative description for the stormwater management plan. Depending on the size and scope of the proposed project, the amount of information required by the permitting agency may vary; therefore, it is advised to consult the appropriate permitting agency for specific requirements.
(1) 
Site description: general topography, soil types, current vegetative composition and relative abundance, existing infrastructure, and/or adjacent properties, identification of major resources (e.g., wetlands, groundwater, surface waters, etc.), name of receiving water(s), potential water quality and/or hydrologic impacts on resources.
(2) 
Site input data: watershed characteristics, area of all impervious surfaces, total area of site, annual mean rainfall, runoff coefficients, curve numbers for various land uses, peak discharge rates.
(3) 
Land use planning and source control plan.
(4) 
Best management practices (BMPs): identify the type of BMP(s) employed both during and post construction and justification for selection, including any deviation from the Rhode Island Stormwater Design and Installation Standards Manual, as amended, and the potential effect on pollutant removal efficiency.
(5) 
Technical feasibility of BMPs, including sizing, location, hydraulic and environmental impacts. Alternatives, which were considered but determined not to be feasible, should also be discussed.
(6) 
Maintenance schedule of BMPs to be used, both during and post construction, including frequency of inspection and maintenance.

§ 206-9 Maintenance agreements.

Maintenance agreements shall provide written, contractual documentation which demonstrates compliance with this article and legal arrangements for the upkeep of stormwater facilities to assure their functionality and safety in accordance with this article. Maintenance agreements, which describe all maintenance schedules and requirements, must be developed for each stormwater management facility unless the facility is dedicated to and accepted by the Town of Coventry. Schedules shall be based on the complexity and frequency of maintenance needs and shall be subject to the approval of the Town. At a minimum, maintenance frequency should be in accordance with the Rhode Island Stormwater Design and Installation Standards Manual, as amended.
A. 
Right of entry. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Director of Public Works and/or his/her designated representative may enter upon privately owned property for the purpose of performing his duties under this article and may make or cause to be made such inspections as the Town deems reasonably necessary.
B. 
Recordkeeping for maintenance activities. Maintenance agreements shall include provisions for maintenance recordkeeping. All activities conducted in accordance with a maintenance agreement must be recorded in a work order and inspection log. Timely updates of the log shall be the responsibility of the stormwater management facility owner or other responsible party pursuant to this article. Review of the maintenance and inspection log shall be completed by the Town of Coventry, or designee, to determine the effectiveness of operation, maintenance and safety activities. Reviews shall occur as part of each on-site inspection. Additional reviews may be made as deemed appropriate by the Town of Coventry or designee.
C. 
Responsibility for maintenance to assure functionality and safety. Appropriate maintenance to assure functionality and safety of stormwater management facilities shall be the responsibility of the owner or may be assumed by another party via a written contractual arrangement in accordance with this article.
D. 
Alterations to maintenance agreements. Any alterations in maintenance responsibility or alterations to maintenance agreements must be reviewed and approved by the Planning Department or designee. If portions of the land serviced by a stormwater management facility are to be sold, written contractual arrangements shall be made to pass all responsibility of the maintenance agreement to the purchaser and shall be subject to the review and approval of the Planning Department or designee. All alterations to maintenance agreements shall be made and recorded in accordance with this article.
E. 
Recordation of maintenance agreements. All maintenance agreements and alterations to maintenance agreements shall be recorded in the land evidence records of the Town of Coventry. Copies of all maintenance agreements and alterations to maintenance agreements shall be included in stormwater management plans. Recordation of maintenance agreements in accordance with this article shall be the responsibility of the owner.

§ 206-10 Application fees.

The Town of Coventry shall be empowered to collect fees from permit applicants, which are commensurate with the cost of administering this article.

§ 206-11 Enforcement.

The Town of Coventry shall have the authority and discretion to invoke penalties and/or impose a lien whenever a stormwater management facility is not implemented, operated, and/or maintained in accordance with its approval under this article. Any penalty invoked shall be in accordance with this article.
A. 
Notification of violation.
(1) 
In the event that the stormwater management facility becomes a danger to public safety or public health, is in need of maintenance, or has not been maintained in accordance with the maintenance agreement, the Town of Coventry shall notify the responsible person in writing by certified mail. Upon receipt of that notice, the responsible person shall have five calendar days to temporarily correct the violations and 30 calendar days to complete maintenance and permanently repair the facility in a manner that is approved by the municipality. If the responsible person fails or refuses to perform such maintenance and repair, the municipality may immediately proceed to do so and enforce penalties and/or liens as described herein.
(2) 
If the stormwater management facility violation causes imminent danger to public safety, the Town shall have the right to correct the problem without delay and shall bill the cost thereof to the property owner.
B. 
Enforcement of penalties and liens. Should the applicant/owner fail to take the corrective actions, the Town of Coventry shall then have the right to take whatever actions it deems necessary to correct the violations, including fining the owner $75 per calendar day that the violation goes unrepaired 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 in the land evidence records of the Town of Coventry, and 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 article, including assessment of a lien on the property.
C. 
Hearing. Any owner or responsible party, receiving a written notice of violation, shall be given an opportunity, within a reasonable time frame, for a hearing before the Planning Commission to state his case. If evidence indicates that a violation has not occurred, the Planning Commission shall revoke the notice of violation.
[Adopted 3-31-2008 by Ord. No. 3-08-269]

§ 206-12 Illicit discharges; exceptions.

Illicit discharges to the municipal storm sewer system are comprised of nonstormwater discharges that are expressly prohibited from the municipal storm sewer system unless the discharges have received all required federal, state and local permits, including the Rhode Island Pollutant Discharge Elimination System (RIPDES), or are included in one of the following categories of discharges: discharges which result from the washdown of vehicles at retail dealers selling new and used automobiles where no detergents are used and individual residential car washing; external building washdown where no detergents are used; the use of water to control dust; fire-fighting activities; fire hydrant flushing; natural springs; uncontaminated groundwater; dechlorinated pool discharges; air conditioning condensate; lawn watering; potable water sources, including water line flushing; irrigation drainage; pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled materials have been removed) and where detergents are not used; discharges from foundation or footing drains where flows are not contaminated with process materials such as solvents, or contaminated by contact with soils where spills or leaks of toxic or hazardous materials have occurred; uncontaminated utility vault dewatering; dechlorinated water line testing water; hydrostatic test water that does not contain any treatment chemicals and is not contaminated with process chemicals.

§ 206-13 Right of entry.

To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Director of Public Works and/or his/her designated representative may enter upon privately owned property for the purpose of performing his duties under this article. He/She may make or cause to be made such examinations, surveys or sampling as the Town deems reasonably necessary.

§ 206-14 Notification of spills.

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which is resulting or may result in unauthorized discharges or pollutants discharging into stormwater, the storm drain system, or waters of the state from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material, said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of nonhazardous materials, said person shall notify the authorized enforcement agency no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the authorized enforcement agency within five business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Nothing in this section shall preclude any owner/lessee from compliance with relevant provisions of the Rhode Island Clean Water Act, R.I.G.L. 46-12-1 et seq., or other applicable laws or regulations.

§ 206-15 Enforcement.

A. 
If an illicit discharge to the municipal storm sewer system is detected, the owner shall cease the discharge. If the discharge does not cease within seven calendar days, the owner may be fined $75 per calendar day that the violation goes unrepaired, and the Town of Coventry shall have the right to take whatever action it deems necessary to correct the violations and to assess a lien on the subject property in an amount equal to the cost of the 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 in the land evidence records of the Town of Coventry and shall incur legal interest from the date of the recording. The imposition of any penalty shall not exempt the offender from compliance with the provisions of this article, including revocation of the performance bond or assessment of a lien on the property.
B. 
Any individual or other party is prohibited from discharging waste, including construction waste, building material, truck washout, chemicals, litter, sanitary wastes or other waste, into the Town right-of-way, storm sewer system, or other Town property. If such a violation occurs, the Town may fine the violator $200 and require removal of the waste within 10 calendar days at the violator's expense. The Town may charge the violator any costs associated with removal or repair of damage resulting from the violation.