[HISTORY: Adopted by the Town Council of
the Town of Coventry as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-31-2008 by Ord. No. 2-08-268]
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.
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.
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.
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.
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.
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.
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.
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.
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.
The Town of Coventry shall be empowered to collect
fees from permit applicants, which are commensurate with the cost
of administering this article.
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]
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.
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.
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.
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.
