[Adopted 3-2-2009 by Ord. No. 2009-1]
A.
Unmitigated stormwater from areas altered by development
may pose 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 Barrington to ensure proper stormwater management
after site construction and development is complete. The article is
written to work in conjunction with current state regulations, local
building and zoning codes, and subdivision regulations. The requirements
of this article are in addition to those imposed for stormwater management
or erosion control during site construction and development.
This article shall apply to any major or minor
subdivision, land development project, or other development or redevelopment
activity occurring within the Town of Barrington involving an area
or areas of disturbance which total one acre or more. No person shall
engage in such development or redevelopment activities without receiving
approval by the Public Works Director of the post-construction stormwater
management plan for the activity. The stormwater management plan must
be approved either at the time of preliminary plan submission of a
subdivision or land development project, at the time of the initial
application for development plan review or at the time of application
to the Building Official for either a demolition permit or a building
permit.
All applicants for qualifying development activity
must develop and submit a proposed stormwater management plan which
must address post-construction stormwater management for the development
which meets all the requirements of this article. All such stormwater
management 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. The stormwater management
plan must include a description of proposed best management practices
(BMPs), detailed site plans, and a written narrative that, when implemented,
provides protection of receiving waters by reducing pollutant loadings
and other negative impacts associated with changes in land use as
described below. Structural BMPs are described as structural stormwater
devices that temporarily detain and treat stormwater runoff in order
to reduce pollutant loadings. Typical BMPs include wet ponds, extended
detention ponds, infiltration trenches, created wetlands, grassed
swales and the like.
A.
Performance standards. Stormwater management plans
must incorporate best management practices for water quality control,
which in combination are demonstrated to reduce the average annual
total suspended solids in post-development 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. The
placement of structural BMPs and other stormwater structures within
a floodplain shall be avoided. If there is no alternative, the applicant
must show what effects, if any, the tail waters 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 structural 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.
A.
Routine maintenance and repair procedures.
(1)
Preventative maintenance procedures are required to
maintain the intended operation and safe condition of the structural
BMPs 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 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 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 on the severity of the problem, corrective maintenance must
be performed on an as-needed or emergency basis and include such procedures
as structural repairs, removal of debris, sediment and trash removal
which threaten discharge capacity, 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.
(1)
Maintenance design and maintenance procedures for
all structural BMPs shall be 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. Stormwater
management plans shall demonstrate appropriate maintenance design
and procedures for each proposed best management practice.
(2)
A maintenance schedule for each type of structural
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 system 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 stormwater management plans, the following information must also
be included with the application, where applicable:
(1)
The area of each subwatershed as identified on final
site plans.
(2)
The area of impervious surfaces (including all roads,
driveways, rooftops, sidewalks, etc.) for each subwatershed as identified
in the Rhode Island Stormwater Design and Installation Standards Manual,
as amended.
(3)
Weighted curve numbers (CN), as determined by the
SCS TR-55 method, for each subwatershed as identified in the Rhode
Island Stormwater Design and Installation Standards Manual, as amended.
(4)
Invert elevations for all applicable structural BMPs.
In addition, the elevations for permanent and/or flood pool stages,
including peak discharge rates for each stage, within all stormwater
basins are required.
(5)
The total volume capacity for structural BMPs (e.g.,
infiltration basin, detention basins, wet ponds, etc.). Volumes must
be segregated into permanent and flood pool stages volumes where applicable.
Furthermore, the volumes of all sediment storage (basins, forebays,
etc.) areas must also be shown.
(6)
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.
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: 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 between the landowners
and the Town of Barrington shall provide written, contractual documentation,
which demonstrates compliance with this article and legal arrangements
for the upkeep of the structural BMPs to assure their functionality
and safety in accordance with this article. Maintenance agreements
shall be approved by the Public Works Director and the Town Solicitor
and recorded in the land evidence records. Maintenance agreements,
which describe all maintenance schedules and requirements, must be
developed for each structural BMP unless the facility is dedicated
to and accepted by the Town of Barrington.
A.
Recognition of Municipal Inspection Requirements.
Maintenance agreements shall include a reasonable and regular schedule
for the Town of Barrington to conduct on-site inspections of the functionality
and safety of the structural BMPs. Inspection schedules shall be based
on the complexity and frequency of maintenance needs and shall be
subject to the approval of the Town of Barrington. At a minimum, maintenance
frequency should be in accordance with the Rhode Island Stormwater
Design and Installation Standards Manual, as amended.
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 structural BMPs owner
or other responsible party pursuant to this article. Review of the
maintenance and inspection log shall be completed by the Town of Barrington
to determine the effectiveness of the 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
Barrington.
C.
Responsibility for maintenance to assure functionality
and safety. Appropriate maintenance to assure functionality and safety
of the structural BMPs 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 Building Official. If portions
of the land serviced by a structural BMP 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 Building Official. All alterations to maintenance
agreements shall be 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 Barrington. 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 Barrington shall be empowered to
collect fees from permit applicants, which are commensurate with the
cost of administering this article.
The Public Works Director shall administer,
implement, and enforce the provisions of this article. Any powers
granted or duties imposed upon the Public Works Director may be delegated
in writing by the Public Works Director to persons or entities acting
in the interest of or in the employ of the Town of Barrington, including
but not limited to the Building Official, the Town Engineer, the Town
Planner and the Planning Board.
A.
Notification of violation.
(1)
Whenever there is a failure to comply with the provisions
of this article, the Town of Barrington shall have the right to notify
the applicant/owner that they have five calendar days from the receipt
of the notice to temporarily correct the violations and 30 calendar
days from receipt of notice to permanently correct the violations.
(2)
In the event that a structural BMP becomes a danger
to public safety or public health, or in need of maintenance or has
not been maintained in accordance with the maintenance agreement,
the Town of Barrington shall so notify the responsible person in writing
by certified mail. Upon receipt of that notice, the responsible person
shall have 14 calendar days to complete maintenance and repair of
the structural BMP 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 as described herein.
B.
Enforcement of penalties. Should the applicant/owner
fail to take the corrective actions, the Town of Barrington shall
then have the right to take the available appropriate remedies it
deems necessary to correct the violations, and the expense thereof
shall be charged to the applicant/owner.
