[HISTORY: Adopted by the Town Council of the Town of Portsmouth 9-20-2010 by Ord. No.
2010-09-20. Amendments noted where applicable.]
A.
The Portsmouth Town 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 sewers and road ditches and
muddies streams, leaves deposits of silt in ponds and reservoirs and
is considered a major water pollutant. Construction debris, litter
and spills also clog the stormwater management system and contaminate
surface water and groundwater.
B.
The purpose of this chapter is to prevent soil erosion and sedimentation
from occurring as a result of nonagricultural development within the
Town by requiring proper provisions for water disposal, construction
waste management and the protection of soil surfaces during and after
construction, in order to promote the safety, public health and general
welfare of the Town.
This chapter shall be applicable to any situation involving any disturbance to the terrain, topsoil or vegetative ground cover upon any property within the Town of Portsmouth, after determination of applicability by the Building Official based upon criteria set forth in § 320-3A below. 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.
A.
Determination of applicability.
(1)
It shall be 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 construction activity without first applying for a determination of applicability from the Building Official, except that the following activities shall be determined to be subject to the requirements of this chapter: all activities disturbing a total area equal to or greater than one acre, including disturbances less than one acre if part of a larger common plan; and any activity that requires permit approval by either the RIDEM or CRMC. 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 to determine the potential for soil erosion and sedimentation resulting from the proposed project. In determining the applicability of this chapter to a particular land-disturbing activity, the Building Official shall consider site topography, drainage patterns, soils, proximity to watercourses, and any other such information the Building Official deems appropriate. Where less than one acre is disturbed, a particular land-disturbing activity shall not be subject to the requirements of this chapter if the Building Official 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 herein. The current "Rhode Island Soil Erosion and Sediment Control Handbook," prepared by the United States 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. In making this determination, the Building Official will also take into consideration the sensitivity of the water body to which the site drains. A water body and its watershed will be considered sensitive if a total maximum daily load (TMDL) or special area management plan (SAMP) is written or under development for it or it is included on RIDEM's 303(d) list or is included on RIDEM's list of special resource protection waters (Appendix D of the RIDEM Water Quality Regulations) or has been noted by the municipality to be of special concern. Upon determination of applicability, the owner/applicant shall submit a soil erosion and sediment control plan for approval by the Building Official, as provided in § 320-4.
(2)
This chapter shall not apply to existing quarrying operations actively
engaged in excavating rock but shall apply to sand and gravel extraction
operations.
B.
Exceptions. No determination of applicability shall be required for
the following:
(1)
Construction, alteration or use of any additions to existing single-family
or duplex homes or related structures, provided the grounds coverage
of such addition is less than 1,000 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 10%.
(2)
Use of a home garden in association with on-site residential use.
(3)
Accepted agricultural management practices such as seasonal tilling
and harvest activities associated with property utilized for private
and/or commercial agricultural or silvicultural purpose.
(4)
Excavations for improvements, other than those described in Subsection B(1) above, which exhibit all of the following characteristics:
(a)
Does not result in a total displacement of more than 50 cubic
yards of material;
(b)
Has no slopes steeper than 10 feet vertical in 100 feet horizontal
or approximately 10%; and
(c)
Has all disturbed surface areas promptly and effectively protected,
as determined by the Building Official, to prevent soil erosion and
sedimentation.
(5)
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)
The aggregate of areas of such activity does not exceed 2,000
square feet;
(b)
The change of elevation does not exceed two feet at any point;
and
(c)
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,
also known as "borrowed material."
(6)
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, however, that adequate and acceptable erosion and sediment controls and controls for other construction wastes are incorporated in engineering plans and specifications and employed. Appropriate controls shall apply during construction, as well as after completion of these activities. All such work shall be undertaken in accordance with the performance principles provided for in § 320-5C and such standards and definitions as may be adopted to implement said performance principles.
A.
Plan.
(1)
To obtain approval for a land-disturbing activity as found applicable by the Building Official under § 320-3, an applicant with a site of less than one acre shall file an erosion and sediment control plan. If the site is a total of one acre or greater in size, including disturbances less than one acre if part of a larger common plan, they shall submit a stormwater pollution prevention plan (SWPPP). Both types of plans shall be 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 § 320-5 of this chapter, shall include proposed erosion and sediment control and waste management measures to be employed by the applicant or the applicant's agent.
(2)
Rhode Island freshwater wetlands permit. Where any portion of a proposed
development requires approval under any provision of the General Laws
of Rhode Island 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 or SWPPP required hereunder for the development.
(3)
In those cases where a SWPPP is submitted, a copy of the notice of
intent (NOI) required by RIDEM shall be submitted to and kept on file
by the Portsmouth Building Official.
B.
The Town shall impose a soil erosion and sediment control bond, which
is a cash bond, when approval of a soil erosion and sediment control
plan is required. The bond must be reviewed and approved by the Town
Solicitor.[1]
C.
Plan review.
(1)
Within five working days of the receipt of a completed plan, the
Building Official shall send a copy of the plan to the review authorities,
which may include the Public Works Department, the Planning Board,
Planning Department, and Conservation Commission, for the purpose
of review and comment. The Building Official may also, within the
above time frame, 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 purpose of this chapter. Failure
of the aforementioned review authorities to respond within 21 days
of their receipt of the plan shall be deemed as no objection to the
plan as submitted. A twenty-one-day review period waiver may be signed
with the Planning Board and/or the Conservation Commission so that
review can be made at the next scheduled meeting.
(2)
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.
Plan approval.
(1)
The Building Official shall take action, in writing, either approving
or disapproving the plan with reasons stated within 10 days after
the Building Official has received the written opinion of the aforementioned
review authorities.
(2)
In approving a plan, the Building Official may attach such conditions
deemed reasonably necessary by the aforementioned 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 thereof. The applicant/owner shall notify the Building
Official in advance of his or her intent to begin clearing and construction
work described in the erosion and sediment control plan or SWPPP.
The applicant shall have the erosion and sediment control plan or
SWPPP on the site during grading and construction.
E.
Appeals.
(1)
Administrative procedures.
(a)
If the ruling made by the Building Official is unsatisfactory
to the applicant/owner, the applicant/owner may file a written appeal.
The appeal of plans for soil erosion and sediment control shall be
to the Planning Board.
(b)
Appeals must be filed within 20 days of receipt of the written
opinion of the Building Official. The Planning Board shall adopt rules
and regulations for such appeals.
(c)
During the period in which the request for appeal is filed,
and until such time as a final decision is rendered on the appeal,
the decision of the Building Official shall remain in effect.
(2)
Expert opinion. The Building Official or the Planning Board may seek
technical assistance on any soil erosion and sediment control plan.
The expert opinion must be made available in the office of the Building
Official as a public record five working days prior to the appeals
hearing.
A.
Plan preparation. The soil erosion and sediment control plan or stormwater
pollution prevention plan (SWPPP) shall be prepared by a registered
engineer or landscape architect or a CPESC, Inc., certified erosion
and sediment control specialist, and six copies of the plan shall
be submitted to the Building Official.
B.
Plan contents.
(1)
The
erosion and sediment control plan or SWPPP shall include sufficient
information about the proposed activities and land parcel(s) to form
a clear basis for discussion and review and to assure compliance with
all applicable requirements of this chapter. For proposed activities
disturbing a total of one acre or greater, including disturbances
less than one acre if part of a larger common plan, a stormwater pollution
prevention plan (SWPPP) shall be prepared in conformance with the
requirements as provided in the Rhode Island Department of Environmental
Management's general permit for stormwater discharge associated
with construction activity. For sites disturbing less than one acre,
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 United States
Department of Agriculture Natural Resources Conservation Service,
Rhode Island Department of Environmental Management and Rhode Island
State Conservation Committee, and, at a minimum, shall contain:
(a)
A brief narrative describing the proposed land-disturbing activity
and the soil erosion and sediment control measures, waste management
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 Building Official.
(b)
Construction drawings in detail commensurate with the size of the
project, sensitivity of the potentially impacted water body and distance
to water and/or storm sewer system. These drawings will illustrate,
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; waste collection and burial
areas; concrete truck washout sites; sequence and staging of land-disturbing
activities; and other such information needed for construction.
(c)
A schedule showing the sequence of construction, inspection and maintenance
of erosion and sediment control and waste control measures.
(d)
All applicants shall provide other information or construction plans
and details as deemed necessary by the Building Official for thorough
review of the plan prior to action being taken as prescribed in this
chapter. Withholding or delay of such information may be reason for
the Building Official to judge the application as incomplete and grounds
for disapproval of the application.
(2)
The erosion and sediment control plan shall be prepared on standard-size
plan sheets at a scale of one inch equals 40 feet. A key sheet shall
be included if a plan consists of more than two sheets. Scale such
as one inch equals 10 feet or one inch equals 20 feet may be used
in order to portray greater clarity.
(3)
This information may be drafted on the plans or submitted as attachments
and shall consist of the following:
(a)
Locus plan;
(b)
The name and address of the owner of the site and, if different
from the applicant, the designer and the developer;
(c)
The location, extent, and type of all proposed work to be performed,
including all existing and proposed buildings, structures, utilities,
sewers, water mains, and storm drains on the site, driveways and parking
areas;
(d)
Topographic mapping with elevations keyed to the municipal base
of mean sea level showing existing contours at intervals of not more
than two feet and contours at two-foot intervals of the finished grade
of all disturbed land area(s) at the conclusion of the construction
and/or land-disturbance activities;
(e)
A description of the general topographic and soil conditions
at the project site, including all significant limitations such as
rock outcrops, existing alterations to natural drainage, and any other
site characteristics pertinent to the work to be performed;
(f)
The location and size of all parking and loading areas and driveways,
both public and private;
(g)
The location and names, if applicable, of any streams, wetlands,
water bodies, coastline (mean high water), drainage swales, watercourses
and areas subject to periodic flooding, both on and within 100 feet
of the site on which the work is to be performed. Included shall be
a delineation of any areas designated as flood hazards by the Federal
Insurance Administration or other appropriate state or federal agency;
(h)
The names and addresses of all owners of abutting parcels and
the location of all adjoining lot boundaries according to the latest
Assessor's information;
(i)
The approximate total quantity of earthwork involved in the
proposed work, with appropriate breakdown as to cut and fill;
(j)
The location and extent of the removal of existing topsoil,
trees, and other vegetative quantities and the location of any soil
to be removed from site;
(k)
The estimated time of exposure for all disturbed land area(s)
on the site prior to the completion of effective temporary and/or
permanent erosion and sediment control measures and facilities. This
shall include planting and seeding dates and application rates and
the phasing plan indicating the anticipated starting and completion
dates of all phases of the proposed site work;
(l)
Details of all proposed drainage provisions to be employed on
the site, including the location and type of all proposed erosion
and sediment control measures and stormwater runoff controls of both
a permanent and temporary nature, and specifications for the maintenance
of same;
(m)
The type, location and extent of all proposed temporary and
permanent vegetation and mulching that will be used to protect exposed
areas of the project site;
(n)
Prompt submittal of such other information or construction plans
and details as deemed necessary by the Building Official for a thorough
review of the plan prior to action being taken as prescribed in this
chapter. Withholding or delay of this information may be reason for
the Building Official to judge the application as incomplete and grounds
for disapproval.
C.
Performance principles. The contents of the erosion and sediment
control plan or SWPPP shall clearly demonstrate how the principles,
outlined below, have been met in the design and are to be accomplished
by the proposed development project.
(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 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, subsurface drains, porous paving, or similar technique.
(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 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 riprap, 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 nongrowing months, November through March.
(11)
Permanent vegetation shall be placed immediately following fine
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. 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)
To reduce the potential for surface water or groundwater contamination,
all construction wastes shall be secured from movement by stormwater
runoff or other weather effects.
(15)
The use of material containing asphalt, concrete, construction
debris or stumps as fill, even if determined to be nonhazardous, is
prohibited.
D.
Existing uses and facilities.
(1)
The Building Official shall accept plans for existing uses and facilities which, by their nature, may cause erosion and sedimentation, such as excavation and quarrying operations; provided, however, that this subsection shall not apply to § 320-3A(1). Plans or satisfactory evidence to demonstrate that the existing operations accomplish the objectives of this section shall be submitted to the Building Official within 120 days from the date of the determination of applicability. Implementation of the plan shall be initiated upon approval of the plan.
(2)
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; so as to protect abutting property from wind
erosion and soil erosion due to increased runoff, sedimentation of
reservoirs, and drainage systems; and so as to limit the depth of
extraction so as not to interfere with the existing nearby water table.
A.
Performance bond.
(1)
Before approving an erosion sediment control plan or SWPPP, the Building
Official 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. 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, shall be sufficient
to cover the cost of implementing all erosion and sediment control
measures as shown on the plan.
(2)
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 Town Solicitor.
(3)
A performance bond for an erosion and sediment control plan for a
subdivision 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 requirement(s) of this
chapter.
B.
Notice of default on performance bond.
(1)
Whenever the Building Official shall find that a default has occurred
in the performance of any term(s) or condition(s) of the bond or in
the implementation of measures secured by the bond, written notice
thereof 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 thereof, and the period of time
deemed by the Building Official to be reasonably necessary for the
completion of the work.
(2)
Failure of the applicant to acknowledge and comply with the provisions
and deadlines outlined in such notice of default shall mean 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 Town Solicitor.
C.
Release from performance bond conditions. The performance bonding
requirements shall remain in full force and effect for 12 months following
completion of the project, or longer if deemed necessary by the Building
Official. [See § 320-10(B)(2) below.]
A.
Every approval granted herein shall expire at the end of the time
period set forth in the conditions. The developer shall fully perform
and complete all of the work required within the specified time period.
B.
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, setting forth the reasons underlying the requested time
extension. If the extension is warranted, the Building Official 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.
Maintenance of all erosion and sediment control devices under
this chapter shall be the responsibility of the owner. The erosion
and sediment control devices 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 nor
compliance with any conditions of this chapter shall relieve the owner/applicant
from any responsibility for damage to persons or property, nor impose
any liability upon the Town for damages to persons or property, such
as road beams, curbs, catch basins, pedestals, bonds, road improvements,
etc.
A.
Periodic inspections.
(1)
The provisions of this chapter shall be administered and enforced
by the Building Official. All work shall be subject to periodic inspections
by the Building Official. All work shall be performed in accordance
with an inspection and construction control schedule approved by the
Building Official, who shall maintain a permanent file on all of his/her
inspections.
(2)
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. The purpose of
such inspections will be to determine the overall effectiveness of
the control plan and the need for additional control measures. Documentation
of all inspections in written form shall be kept on site and submitted
to the Building Official, if requested.
(3)
The Building Official will perform a minimum of two inspections,
one during construction and one after final stabilization of the site.
The developer or owner shall notify the Building Official of the installation
of erosion and sediment control measures, in order for an inspection
to be performed during the construction phase of the project. The
Building Official will confirm that wastes are controlled and that
the erosion and sediment control practices are installed as planned,
meet the needs of the site and conform with the Rhode Island Erosion
and Sediment Control Handbook.
(4)
Upon completion of all work, the developer or owner(s) shall notify
the Building Official that all grading, drainage, erosion and sediment
control measures and devices and vegetation and ground cover planting
have been completed in conformance with the approval, all attached
plans, specifications, conditions, and other applicable provisions
of this chapter.
B.
Final inspection.
(1)
Upon notification of the completion by the owner, the Building Official
shall make a final inspection of the site in question and shall prepare
a final summary inspection report of his/her findings, which shall
be retained in the Department of Public Works permanent inspections
file.
(2)
The applicant/owner may request the release of his/her performance
bond sooner than 12 months after the final inspection, at the discretion
of the Building Official.
If, at any stage, the work in progress and/or completed under the terms of an approved erosion and sediment control plan does not conform to the plan, a written notice from the Building Official 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 in § 320-12B. Failure to comply with the required corrections within the specified time limit shall be considered in violation of this chapter, in which case the performance bond or cash or negotiable securities deposit shall be subject to notice of default, in accordance with § 320-6B and C of this chapter.
A.
Revocation or suspension of approval. The approval of an erosion
and sediment control plan under this chapter may be revoked or suspended
by the Building Official, and all work on the project halted for an
indefinite time period by the Building Official, after written notification
is transmitted by the Building Official to the developer 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 chapter 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 chapter.
B.
Other penalties. In addition thereto, whenever there is a failure
to comply with the provisions of this chapter, the Town shall have
the right to notify the applicant/owner that he 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 shall then have 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 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 chapter,
including revocation of the performance bond or assessment of a lien
on the property by the Town.
C.
Fines. In addition to other penalties provided in this section, the
Building Inspector may assess a fine of up to $250 for failure to
submit plans on or before the date on which plans must be submitted,
as set forth in the determination of applicability. Each day that
the plan is not submitted shall constitute 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 herein defined.
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control solid waste disposal, site runoff, spillage or leaks, sludge
or water disposal, and drainage from raw material storage.
A quantity of fill excavated from another portion of the
same parcel.
When used herein, the term "Building Official" shall mean
and include the Portsmouth Building Official, the Portsmouth Alternate
Building Official, or his or her designee.
Coastal beaches and dunes, barrier beaches, coastal wetlands,
coastal cliffs, 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.
Solid and/or liquid wastes generated from the construction
and/or site development process. This includes but is not limited
to discarded building materials, concrete truck washout, chemicals,
litter, sanitary wastes, and fill material containing any of the above.
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 Town.
An area in which the natural vegetative soil cover has been
removed or altered and, therefore, susceptible to erosion.
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 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 line delineating the boundary of the area to be disturbed
during a development or redevelopment project. The area outside this
boundary shall not be touched.
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.
Any material, such as compost, lime, animal manures, crop
residues, etc., that is worked into the soil; generally pertains to
materials other than fertilizers.
The approved document required before any person may cause
disturbance to the natural terrain within the Town as therein regulated;
also herein referred to as "erosion and sediment control plan" and
"approved plan."
An erosion and sediment control plan prepared in conformance
with the requirements as provided in the Rhode Island Department of
Environmental Management's general permit for stormwater discharge
associated with construction activity and designed to address two
components of stormwater pollution:
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.
