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.
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.