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.
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.
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.
As used in this chapter, the following
terms shall have the meanings indicated:
APPLICANT
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 FEATURE
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.
CUT
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.
DEVELOPMENT PROJECT
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.
EROSION
The removal of mineral and/or organic matter by the action
of wind, water, and/or gravity.
EXCAVATE
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.
FILL
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.
LAND-DISTURBING ACTIVITY
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.
RUNOFF
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.
SEDIMENT
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.
STORMWATER POLLUTION PREVENTION PLAN
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."
WATERCOURSE
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.