[Added 12-22-2005 by Ch. No. 2792]
A.
The City Council hereby 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 waters and road ditches and
muddies streams, leaves deposits of silt in ponds and reservoirs.
Sediment is considered a major water pollutant.
B.
The purpose of this article is to prevent soil erosion
and sedimentation from occurring as a result of nonagricultural development
within the City by requiring proper provisions for water disposal,
construction waste disposal and the protection of soil surfaces during
and after construction, in order to promote the safety, public health
and general welfare of the City.
This article shall apply to any situation involving any disturbance to the terrain, topsoil or vegetative ground cover upon any property within the City of Pawtucket that requires approval in accordance with § 410-15.2, including all projects sites with greater than or equal to one acre of disturbance or projects which are a part of a larger common plan of development or sale that propose more than one acre of disturbance. Compliance with the requirements as described herein shall not be construed to relieve the owner/applicant of any obligations to obtain necessary state or federal permits.
The following activity does not require written
approval pursuant to this article:
A.
Grading, filling, removal, or excavation activities
and operations undertaken by the City under the direction and supervision
of the Director of Public Works for work on streets, roads, or rights-of-way
dedicated to public use; provided, however, that adequate and acceptable
erosion and sediment controls are incorporated in engineering plans
and specifications are employed. Appropriate controls shall apply
during construction as well as after the completion of these activities.
All such work shall be undertaken in accordance with the performance
principles provided for in this article and such standards and definitions
as may be adopted to implement said performance principles.
A.
Plan. To obtain approval for a land-disturbing activity, an applicant shall first file with the Department of Planning and Redevelopment or its designee an erosion and sediment control plan 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 § 410-92.6 of this article, shall include proposed erosion and sediment control measures to be employed by the applicant or the applicant’s agent.
B.
Plan review.
(1)
Within 10 working days of the receipt of a completed
plan, the Director of Planning and Redevelopment or his/her designee
shall send a copy of the plan to the review authorities that may include
the Public Works Department, the Planning Board, Zoning and Code Enforcement
Department, or Division of Engineering for the purpose of review and
comment. The Director of Planning and Redevelopment or his/her designee
may also, within the above time frame, submit copies of the plan to
other local departments or agencies, including the Conservation District,
that services his/her county, in order to better achieve the purpose
of this article. Failure of the aforementioned review authorities
to respond within 15 working days of their receipt of the plan shall
be deemed as no objection to the plan as submitted.
(2)
The time allowed for plan review shall be commensurate
with the proposed development project, and shall be done simultaneously
with other reviews.
C.
Plan approval.
(1)
The Director of Planning and Redevelopment or
his/her designee shall take action in writing either approving or
disapproving the plan with reasons stated within 10 working days after
the Director of Planning and Redevelopment or his/her designee has
received the written opinion of the aforementioned review authorities.
(2)
In approving a plan, the Director of Planning
and Redevelopment or his/her designee may attach such conditions deemed
reasonably necessary by the aforementioned review authorities to further
the purposes of this article. The conditions pertaining to erosion
and sediment control measures and/or devices may include, but are
not limited to, the erection of walls, drains, dams, and structures,
planting vegetation, trees and shrubs, furnishings, necessary easements,
and specifying a method of performing various kinds of work, and the
sequence or timing thereof. The applicant/owner shall notify the Building
Inspector or his/her designee in advance of his or her intent to begin
the clearing and construction work described in the erosion and sediment
control plan. The applicant shall have the erosion and sediment control
plan on the site during grading and construction.
A.
Plan preparation. The erosion and sediment control
plan shall be prepared by a registered professional engineer or landscape
architect or a Soil and Water Conservation Society certified Erosion
and Sediment Control Specialist. Five copies of the plan shall be
submitted to the Director of Planning and Redevelopment or his/her
designee.
B.
Plan contents. The erosion and sediment control plan
shall include sufficient information about the proposed activities
and land parcels to form a clear basis for discussion and review and
to assure compliance with all applicable requirements of this article.
The plan 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
U.S. Department of Agriculture, Soil Conservation Service, R.I. Department
of Environmental Management, and R.I. State Conservation Committee.
At a minimum, the plan shall contain:
(1)
A narrative describing the proposed land-disturbing
activity and the soil erosion and sediment control measures and stormwater
management measures to be installed to control erosion that could
result from the proposed activity. Supporting documentation, such
as a drainage area, existing site, and soil maps, shall be provided
as required by the Director of Planning and Redevelopment or his/her
designee.
(2)
Construction drawings illustrating, in detail,
existing and proposed contours, drainage features, and vegetation;
limits of clearing and grading, the location of soil erosion and sediment
control and stormwater management measures, detail drawings of measures;
stockpiles and borrow areas; sequence and staging of land-disturbing
activities; and other such information needed for construction.
(3)
Other information or construction plans and
details as deemed necessary by the Director of Planning and Redevelopment
or his/her designee for thorough review of the plan prior to action
being taken as prescribed in this article. Withholding or delay of
such information may be reasons for the Director of Planning and Redevelopment
or his/her designee to judge the application as incomplete and grounds
for disapproval.
C.
Performance principles. The contents of the erosion
and sediment control plan shall clearly demonstrate how the principles,
outlined below, have been met in the project design and are to be
accomplished by the proposed development.
(1)
The site selected shall show due regard for
natural drainage characteristics and topography.
(2)
To the extent possible, steep slopes shall be
avoided.
(3)
The grade of slopes created shall be minimized.
(4)
Post-development runoff rates should not exceed
predevelopment rates, consistent with other stormwater requirements
that may be in effect. Any increases 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, infiltration chambers,
subsurface drains, porous paving, or similar techniques.
(5)
Original boundaries, alignment, and slopes of
watercourses within the project locus shall be preserved to the greatest
extent 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 such a design
and capacity so as to adequately handle stormwater runoff, including
runoff from tributary upstream areas, which may be outside the locus
of the project.
(8)
Drainage facilities and controls shall be installed
as early as feasible during construction, prior to site clearance,
if possible.
(9)
Fill located adjacent to watercourses shall
be suitably protected from erosion by means of 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 non-growing months, November through
March.
(11)
Permanent vegetation shall be placed immediately
following final 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. Monitoring and maintenance
schedules, where required, shall be predetermined.
(14)
All construction wastes shall be handled, stored,
and disposed of in accordance with applicable local, state, and federal
laws.
A.
Every approval granted herein shall expire at the
end of the time period set forth in the conditions. The applicant
shall fully perform and complete all of the work required within the
specified time period.
B.
If the applicant/owner is unable to complete the work
within the designated time period, he or she shall, at least 30 calendar
days prior to the expiration date, submit a written request to the
Director of Planning and Redevelopment or his/her designee for an
extension of time, setting forth the reasons underlying the requested
time extension. If the extension is warranted, the Director of Planning
and Redevelopment or his/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 Director of Planning and Redevelopment or his/her
designee.
Maintenance of all erosion-sediment control
devices under this article shall be the responsibility of the owner.
The erosion-sediment control devices shall be maintained in good condition
and working order on a continuous basis. Watercourses originating
and located completely on private property shall be at 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 nor compliance with any conditions of this article shall
relieve the owner/applicant from any responsibility for damage to
persons or property, nor impose any liability upon the City for damages
to persons or property.
A.
Periodic inspections. The provisions of this article
shall be administered and enforced by the Director of Planning and
Redevelopment or his/her designee. All work shall be subject to periodic
inspections by the Director of Planning and Redevelopment or his/her
designee. All work shall be performed in accordance with an inspection
and construction control schedule approved by the Director of Planning
and Redevelopment or his/her designee, who shall maintain a permanent
file on all of his/her inspections. Upon completion of the work, the
applicant or owner(s) shall notify the Director of Planning and Redevelopment
or his/her designee that all grading, drainage, erosion and sediment
control measures and devices, and vegetation and ground cover planting
has been completed in conformance with the City’s approval,
submitted plans, specifications, conditions, and other applicable
provisions of this article.
B.
Final inspection. Upon notification of the completion
by the owner, the Director of Planning and Redevelopment or his/her
designee shall make a final inspection of the site in question and
shall prepare a final inspection report of his/her findings, which
shall be retained in the Department of Planning and Redevelopment
permanent inspections file.
If, at any stage, the work-in-progress and/or
completed work under the terms of an approved erosion and sediment
control plan does not conform to the plan, a written notice from the
Director of Planning and Redevelopment or his/her designee to comply
shall be transmitted by certified mail to the owner. The notice shall
set forth the nature of the temporary and permanent corrections required
and the time limit within which corrections shall be completed as
set forth herein. Failure to comply with the required corrections
within the specified time limit shall be considered a violation of
this article.
A.
Revocation or suspension of approval. The approval
of an erosion and sediment control plan under this article may be
revoked or suspended by the Director of Planning and Redevelopment
or his/her designee and all work on the project halted for an indefinite
time period after written notification is transmitted to the applicant
for one or more of the following reasons:
(1)
Violation of any condition of the approved plan,
or specifications pertaining thereto;
(2)
Violation of any provision of this article or
any other applicable law, ordinance, rule, or regulation related to
the work or site of work; and
(3)
The existence of any condition or the performance
of any act constituting or creating a nuisance, hazard, or endangerment
to human life or the property of others, or contrary to the spirit
or intent of this article.
B.
Other penalties. In addition thereto, whenever there
is a failure to comply with the provisions of this article, the City
shall have the right to notify the applicant/owner that he has five
calendar days from the receipt of notice to temporarily correct the
violations and 30 calendar 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 City of Pawtucket
shall then have the right to summon the applicant/owner. The Municipal
Court may issue an order authorizing the City to take the available
appropriate remedies it deems necessary to correct the violations
and may also order a fine of $100 per day that the violation goes
unrepaired. The Municipal Court may also authorize the City 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 City of Pawtucket, 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 by the City.
The City of Pawtucket shall be empowered to
collect fees from permit applicants, which are commensurate with the
cost of administering this article.
As used in this article, the following terms
shall have the meanings indicated:
Any person, corporation, or public or private organization,
proposing a development which would involve disturbance to the natural
terrain as herein defined.
Solid and/or liquid wastes generated from the construction/site
development process. This includes, but not limited to, discarded
building materials, concrete truck washout, chemicals, litter, and
sanitary wastes.
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.
The removal of mineral and/or organic matter by the action
of wind, water and/or gravity.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed, and shall include the conditions resulting
therefrom.
Any act by which earth, sand or other material is placed
or moved to a new location above ground. The fill is also the difference
in elevation between the point of existing undisturbed ground and
a designated point of higher elevation of the final grade and material
added to an excavation.
Any physical land-altering activity that 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 of origin by
wind, water, and/or gravity as a product of erosion.
The (approved) document required before any person(s) may
cause disturbance to the natural terrain within the City as herein
regulated. Also, herein referred to as "erosion and sediment control
plan" 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 as herein defined shall be used for delineation
purposes.
