A.
Maintenance and protection of traffic. Traffic shall
be maintained in the project area to the satisfaction of local regulatory
agencies. The applicant or his agent, hereinafter called the "contractor,"
must maintain pedestrian and vehicular traffic. It is the responsibility
of the contractor to contact the Director of Public Works, or other
public utility or agency, when any work is contemplated within a public
street or highway in order to coordinate such work.
B.
Safety. It is the responsibility of the contractor
to provide, erect and maintain lighted barricades, signs, warning
lights, etc., as needed, or as directed by the Town Highway Superintendent
to keep people, animals and vehicles from excavations, obstacles,
etc. The contractor may also be required to employ traffic persons
and take other such reasonable means as needed to prevent damage or
injury, and to minimize the inconvenience and danger to the public
caused by construction operations. He shall arrange his operation
to provide access to properties along the street and access to fire
hydrants, manholes, gate boxes or other utilities. The contractor
shall confine his occupancy of public or traveled ways to the smallest
space compatible with the efficient and safe performance of the work
contemplated.
[Amended 9-12-2005 by Ch. No. 1552; 7-19-2010 by Ch. No.
1719; 10-21-2013 by Ch. No. 1799]
A.
Purpose.
(1)
The Town Council 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, muddies streams,
leaves deposits of silt in ponds and reservoirs, and is considered
a major water pollutant.
(2)
The purpose of this section 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, and the protection
of soil surfaces during and after construction, in order to promote
the safety, public health, and general welfare of the Town.
B.
Applicability. This section is applicable to any situation involving any disturbance to the terrain, topsoil or vegetative ground cover upon any property within the Town of Westerly after determination of applicability by the Building Official or his or her designee based upon criteria outlined in Subsection C. Compliance with the requirements as described in this section shall not be construed to relieve the owner/applicant of any obligations to obtain necessary state or federal permits.
C.
Determination of applicability.
(1)
It is unlawful for any person to disturb any existing vegetation, grades, and contours of land in a manner which may increase the potential for soil erosion, without first applying for a determination of applicability from the Building Official or his or her designee. Upon determination of applicability, the owner/applicant shall submit a soil erosion and sediment control plan for approval by the Building Official or his or her designee, as provided in Subsection D. 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 or his or her designee to determine the potential for soil erosion and sedimentation resulting from the proposed project. In determining the applicability of the Soil Erosion and Sediment Control Ordinance to a particular land-disturbing activity, the Building Official or his or her designee shall consider site topography, drainage patterns, soils, proximity to watercourses, and other information deemed appropriate by the Building Official or his or her designee. A particular land-disturbing activity shall not be subject to the requirements of this section if the Building Official or his or her designee 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 in Subsection I. The current "Rhode Island Soil Erosion and Sediment Control Handbook," 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
This section shall not apply to existing quarrying operations actively
engaged in excavating rock but shall apply to sand and gravel extraction
operations.
(3)
No determination of applicability is required for the following:
(a)
Construction, alteration, or use of any additions to existing
single family or duplex homes or related structures, provided that
the grounds coverage of addition is less than 1,000 square feet, and
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%.
(b)
Use of a home garden in association with on-site residential
use.
(c)
Accepted agricultural management practices such as seasonal
tilling and harvest activities associated with property utilized for
private and/or commercial agricultural or silvacultural purposes.
(d)
Excavations for improvements other than those described in Subsection C(3)(a) of this section which exhibit all of the following characteristics:
(e)
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:
[1]
The aggregate area of activity does not exceed 2,000 square
feet; and
[2]
The change of elevation does not exceed two feet at any point;
and
[3]
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.
(f)
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 that adequate and acceptable erosion and sediment controls are incorporated, in engineering plans and specifications, and employed. Appropriate controls apply during construction as well as after the completion of these activities. All work shall be undertaken in accordance with the performance principles provided for in Subsection E(3) and the standards and definitions that may be adopted to implement the performance principles.
D.
Provisions of plan; procedures.
(1)
Plan.
(a)
To obtain approval for a land-disturbing activity as found applicable by the Building Official or his or her designee under Subsection C, an applicant shall first file 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 Subsection E, shall include proposed erosion and sediment control measures to be employed by the applicant or the applicant's agent.
(b)
Rhode Island Freshwater Wetlands Permit. Where any portion of
a proposed development requires approval under any provision of the
General Laws 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 soil erosion and sediment
control plan required under this section for the development.
(2)
Fees. The Town adopting this section may collect fair and reasonable
fees from each applicant requesting approval of a soil erosion and
sediment control plan for the purposes of administering this section.
(3)
Plan review.
(a)
Within five working days of the receipt of a completed plan,
the Building Official or his or her designee shall send a copy of
the plan to the review authorities which may include the Public Works
Department, the Planning Board or Planning Department, and Conservation
Commission for the purpose of review and comment. The Building Official
or his or her designee may also, within five working days, 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 purposes of this chapter. Failure of these review
authorities to respond within 21 days of their receipt of the plan
shall be deemed as no objection to the plan as submitted.
(b)
The time allowed for plan review shall be commensurate with
the proposed development project, and shall be done simultaneously
with other reviews.
(4)
Plan approval.
(a)
The Building Official or his or her designee 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 review authorities.
(b)
In approving a plan, the Building Official or his or her designee
may attach conditions deemed reasonably necessary by the review authorities
to further the purposes of this section. 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 of the work. The applicant/owner shall notify the
Building Official, or his or her designee, in advance of his or her
intent to begin 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.
(5)
Appeals.
(a)
Administrative procedures.
[1]
If the ruling made by the Building Official or his or her designee
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 Zoning Board of Review or other appropriate
board of review, as determined by the Town Council.
[2]
Appeal procedures shall follow current requirements for appeal
to the above-mentioned boards.
[3]
During the period in which the request for appeal is filed,
and until the time that a final decision is rendered on the appeal,
the decision of the Building Official or his or her designee remains
in effect.
(b)
Expert opinion. The official, or his or her designee, the Zoning
Board of Review, or other board of review, 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, or
his or her designee, as a public record prior to the appeals hearing.
E.
Soil erosion and sediment control plan.
(1)
Plan preparation. The erosion and sediment control plan shall be
prepared by a registered engineer, or landscape architect or a soil
and water conservation society certified erosion and sediment control
specialist, and copies of the plan shall be submitted to the Building
Official or his or her designee.
(2)
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 chapter. 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,
Soil Conservation Service, Rhode Island Department of Environmental
Management, Rhode Island State Conservation Committee, and, at a minimum,
shall contain:
(a)
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 Building Official or his or her designee.
(b)
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; stock piles and
borrow areas; sequence and staging of land disturbing activities;
and other information needed for construction.
(c)
Other information or construction plans and details as deemed
necessary by the Building Official or his or her designee for a thorough
review of the plan prior to action being taken as prescribed in this
chapter. Withholding or delay of information may be reasons for the
Building Official or his or her designee to judge the application
as incomplete and providing grounds for disapproval of the application.
(3)
Performance principles. The contents of the erosion and sediment
control plan shall clearly demonstrate how the principles, outlined
in this subsection, have been met in the design and are to be accomplished
by the proposed development project.
(a)
The site selected shall show due regard for natural drainage
characteristics and topography.
(b)
To the extent possible, steep slopes shall be avoided.
(c)
The grade of created slopes shall be minimized.
(d)
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, seepage areas, subsurface drains, porous paving,
or similar technique.
(e)
Original boundaries, alignment, and slope of watercourses within
the project locus shall be preserved to the greatest extent feasible.
(f)
In general, drainage shall be directed away from structures
intended for human occupancy, municipal or utility use, or similar
structures.
(g)
All drainage provisions shall be of 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.
(h)
Drainage facilities shall be installed as early as feasible
during construction, prior to site clearance, if possible.
(i)
Fill located adjacent to watercourses shall be suitably protected
from erosion by means of riprap, gabions, retaining walls, vegetative
stabilization, or similar measures.
(j)
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.
(k)
Permanent vegetation shall be placed immediately following fine
grading.
(l)
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.
(m)
All areas damaged during construction shall be resodded, reseeded,
or otherwise restored. Monitoring and maintenance schedules, where
required, shall be predetermined.
(4)
Existing uses and facilities.
(a)
The Building Official and/or his or her designee shall accept plans for existing uses and facilities which by their nature may cause erosion and sedimentation, such as excavation and quarrying operations, provided that this subsection shall not apply to Subsection C(1). Plans or satisfactory evidence to demonstrate that the existing operations accomplish the objectives of this section shall be submitted to the Building Official and/or his/her designee within 120 days from the date of the determination of applicability. Implementation of the plan shall be initiated upon approval of the plan.
(b)
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; to protect abutting property from wind
erosion and soil erosion due to increased runoff, sedimentation of
reservoirs, and drainage systems; and to limit the depth of extraction
so as not to interfere with the existing nearby water table.
F.
Enforcement; performance bond.
(1)
Performance bond.
(a)
Before approving an erosion sediment control plan, the Building
Official or his or her designee 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 or his or her designee. 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 or his or her designee, shall be sufficient
to cover the cost of implementing all erosion and sediment control
measures as shown on the plan.
(b)
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 the Town Solicitor.
(c)
A performance bond for an erosion 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 requirements of this section.
(d)
Notice of default on performance secured by bond.
[1]
Whenever the Building Official or his or her designee finds
that a default has occurred in the performance of any terms or conditions
of the bond or in the implementation of measures secured by the bond,
written notice shall be made to the applicant and to the surety of
the bond by the Municipal Solicitor. The notice shall state the nature
of default, work to be done, the estimated cost, and the period of
time deemed by the Building Official or his or her designee 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 the notice of default means 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.
(e)
Notice of default on performance secured by cash or negotiable securities deposit. If a cash or negotiable securities deposit has been posted by the applicant, notice and procedure are the same as provided for in Subsection F(1)(d) of this section.
(f)
Release from performance bond conditions. The performance bonding
requirement shall remain in full force and effect for 12 months following
completion of the project, or longer if deemed necessary by the Building
Official or his or her designee.
(2)
Approval; expiration; renewal.
(a)
Every approval granted in this section shall expire at the end
of the time period established 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 or his or her designee, stating the underlying reasons for
the requested time extension. If the extension is warranted, the Building
Official or his or 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 Building Official.
(3)
Maintenance of measures. Maintenance of all erosion sediment control
devices under this section shall be the responsibility of the owner.
The erosion 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.
(4)
Liability of applicant. Neither approval of an erosion and sediment
control plan 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 Town for damages
to persons or property.
G.
Inspections.
(1)
Periodic inspections. The provisions of this section shall be administered
and enforced by the Building Official or his or her designee. All
work shall be subject to periodic inspections by the Building Official,
or his or her designee. All work shall be performed in accordance
with an inspection and construction control schedule approved by the
Building Official or his or her designee, who shall maintain a permanent
file on all of his or her inspections. Upon completion of the work,
the developer or owner shall notify the Building Official or his or
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 approval, all attached plans,
specifications, conditions, and other applicable provisions of this
section.
(2)
Final inspection.
(a)
Upon notification of the completion by the owner, the Building
Official or his or her designee shall make a final inspection of the
site in question, and shall prepare a final summary inspection report
of its findings which shall be retained in the Department of Inspections,
and in the Department of Public Works' permanent inspections file.
(b)
The applicant/owner may request the release of his or her performance
bond from the Building Official or his or her designee 12 months after
the final site inspection has been completed and approved. In the
instance where the performance bond has been posted with the recording
of a final subdivision, the bond shall be released after the Building
Official or his or her designee has been notified by the Town planning
director of successful completion of all plat improvements by the
applicant/owner.
H.
Notification; penalties.
(1)
Notification.
(a)
Noncompliance. 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 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 Subsection H(2)(b). Failure to comply with the required corrections within the specified time limit is considered a violation of this section, in which case the performance bond or cash or negotiable securities deposit is subject to notice of default, in accordance with Subsection F(1)(d) and (e).
(2)
Penalties.
(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 to it;
[2]
Violation of any provision of this section 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 section.
(b)
Other penalties. In addition, whenever there is a failure to
comply with the provisions of this section, the Town has the right
to notify the applicant/owner that he or she 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 then has 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 municipality, and the lien does 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 section,
including revocation of the performance bond or assessment of a lien
on the property by the Town.
(c)
In addition to any other penalties provided in this section,
a Town is authorized and empowered to provide by local ordinance for
penalties and/or fines of not more than $250 for failure to submit
plans on or before the date on which the plan must be submitted, as
stated in the determination of applicability. Each day that the plan
is not submitted constitutes a separate offense.
I.
APPLICANT
COASTAL FEATURE
CUT
DEVELOPMENT PROJECT
EROSION
EXCAVATE
FILL
LAND-DISTURBING ACTIVITY
RUNOFF
SEDIMENT
SOIL EROSION AND SEDIMENT CONTROL PLAN
WATERCOURSE
Definition of selected terms. As used in this section, 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 defined in this section.
Coastal beaches and dunes, barrier beaches, coastal wetlands,
coastal cliffs, bluffs, and banks, rocky shores, and manmade shorelines
as defined in "The State of Rhode Island Coastal Resources Management
Program" as amended June 28, 1983.
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.
The removal of mineral and/or organic matter by the action
of wind, water, and/or gravity.
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.
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 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 or origin by
wind, water, and/or gravity as a product of erosion.
The approved document required before any person may cause
a disturbance to the natural terrain within the Town as regulated
by this section. Also, referred to as erosion and sediment control
plan, 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 shall be used for delineation purposes.
[1]
Editor's Note: Former § 260-90, Landscaping requirements,
was repealed 10-26-2020 by Ch. No. 1997.
A.
Outdoor storage prohibitions. No materials or wastes
shall be deposited in any manner that they may be transferred off
the property by natural causes or forces. All materials or wastes
which might cause fumes or dust or which constitute a fire hazard
or which may be edible by or otherwise attractive to rodent or insects
shall be stored outdoors only in enclosed containers.
B.
Outdoor storage restrictions. The following limitation
on the aboveground storage of certain materials shall be enforced:
(1)
Fuel tanks for energy or heating devices or appliances,
tanks containing compressed natural gas, and the fueling of vehicles
operated in association with a permitted use may utilize aboveground
tanks, provided that they are located a minimum of 1,000 feet from
any residential use, a hospital, an auditorium, or other building
used for public assembly.
(2)
Loading or unloading operations located within 200
feet of and abutting residential districts shall not be conducted
between the hours of 9:00 p.m. and 6:00 a.m. or else shall be conducted
entirely within an enclosed structure.
(3)
A fence, wall, hedge, landscaping, earth berm, natural
buffer area, or any combination thereof shall be provided to obscure
certain uses or portions of a specific use which by their nature are
unsightly or which represent the potential to negatively impact adjacent
properties. At minimum the following uses or features shall be screened
from adjacent properties and from public view from a public street:
C.
Screening standards. Any screening utilized to fulfill
the requirements of this section shall consist of an area no less
than five feet in width to visually separate land uses. The following
standards shall apply to all screening:
(1)
Maximum height at any point for a solid screening
structure located along the property line: eight feet.
(2)
Maximum height in any required front yard for solid
screening structure including earth berm: six feet.
(3)
Minimum height of any screening shall be five feet
or a greater height if necessary to visually separate uses within
the subject property from adjoining properties or public streets.
(4)
Height of any screening materials on a corner lot
is controlled by vehicular sight distance consideration at the street
intersections.
(5)
For every 50 feet of property line where screening
is required, an evergreen tree of at least two inches in caliper at
three feet from grade shall be planted and incorporated into the screening
material.
(6)
Any earth berm used to fulfill the screening requirements
shall be stabilized to control erosion and landscaped with grasses,
shrubs and trees.
(7)
Shrubs used as screening materials shall be of evergreen
varieties and shall be at least three feet in height and no farther
than six feet apart when planted. Shrubs shall be of variety that
an average height of five to six feet could be expected as normal
growth within two years from the time of planting.
(8)
All manufacturing, storage, or similar uses shall
be conducted within enclosed buildings, except that outside storage
may be permitted if it is located directly to the rear of the principal
building. It shall not occupy an area wider than the principal building
and shall be adequately screened from public view by a fence or plant
material. No storage shall be permitted above the height of the screen
or fence.
A.
Driveway access. Plans for any driveway access onto
any Town or state road shall show any construction, cut, fill, or
other alteration of grade or pitch within the Town or state right-of-way.
No zoning certificate shall be issued by the Zoning Official for construction
or use of land requiring an access driveway onto a Town or state road
until the applicant obtains the written approval of the Director of
Public Works or his authorized representative. All driveway access
to state roads requires the approval in writing of the State of Rhode
Island Department of Transportation. Such approval shall state that
the proposed access driveway will not substantially interfere with
traffic flow and any future widening of the road and will not constitute
a safety hazard to traffic on the state road.
B.
Specifications. All specifications for any such driveway
access must conform to the following requirements:
(1)
Any driveway shall be so graded that it will not be
necessary to change the established grade of the adjacent Town or
state road.
(2)
No part of any driveway access shall extend beyond
the road line in such a manner as to change the grade of the road
or obstruct the free flow of water draining off the road.
(3)
Where a driveway approach crosses an open ditch or
where such construction will interfere with the drainage of water
along the side of the road, a culvert of such size and width and of
such material as determined by the Director of Public Works or his
representative shall be installed.
(4)
The driveway access shall be so constructed that there
will be no drainage from the driveway onto the Town or state road.
Written approval of drainage plans shall be obtained from the Town
Engineer.
(5)
If, in the opinion of the Director of Public Works
or his representative, protection is required for the shoulder and/or
edge of the Town or state road, an apron of bituminous concrete or
other suitable material or treatment shall be installed.
(6)
All required construction shall be at the property
owner's expense.
C.
Inspection. Upon completion of construction of a driveway
access, the Director of Public Works or his authorized agent shall
make a final inspection and accept or reject, in writing to the Zoning
Official, such construction. In the event of rejection, the owner
shall be given a period of 30 days to bring such construction into
compliance with all pertinent regulations. At the end of this thirty-day
period, absent such compliance, the driveway access shall cease to
be utilized. The Zoning Official shall also have the authority to
require repair or reconstruction of any existing driveway access to
a Town or state road that does not conform to the requirements of
pertinent regulations.
D.
Public street ingress and egress. No building shall
be erected upon a lot which does not have access to a public street.
Nuisances do not come under the protective provisions of § 260-32, and, therefore, the following regulations shall apply to all land uses within the Town. These regulations pertain to new development under this chapter only insofar as such development is permitted under the provisions of this chapter.
A.
Electromagnetic interference. In all zoning districts,
no use, activity, or process shall be conducted which causes electromagnetic
interference with normal radio or television reception from off the
premises where the activity is conducted.
B.
Humidity and heat. In all zoning districts, any activity
producing humidity in the form of steam or moist air, or producing
heat, shall be carried on in such a manner that the steam, humidity,
or heat is not perceptible to normal senses at any lot line.
C.
Noise. At no point within any zoning district shall the sound level of any use exceed the maximum permissible sound levels established by Chapter 171, Noise, of the Code of the Town of Westerly.
D.
Odorous matter. Emission of odorous gases or other
matter released from any operation or activity shall not cause an
obnoxious odor beyond lot lines, measured either at ground level or
habitable elevation.
E.
Vibration. Every use shall be so operated that the
ground vibration inherently and recurrently generated is not perceptible,
without instruments, at any point on any boundary line of the lot
on which the use is located.
F.
Lighting. Exterior lighting shall be installed in
such a manner that the light source will be sufficiently obscured
to prevent glare on public streets or into any residential area. Outside
lights must be made up of light source and reflector so that, acting
together, the light beam is controlled and not directed across a property
line. A person shall not conduct a use that has a visible source of
illumination that produces glare or direct illumination across a property
line of an intensity in excess of 0.5 footcandles.
G.
Combustible/explosive materials. In all zoning districts,
all uses involving explosive and/or combustible materials shall comply
with the rules and regulations of the State Fire Marshal.
H.
Gas. No uses shall emit noxious, toxic, or corrosive
fumes or gases in concentrations or amounts causing discomfort of
injury to humans or harmful to vegetation. The owner or occupier of
the land shall upon request obtain confirmation in writing from the
Department of Health of the State of Rhode Island that the proposed
levels will be safe to the general population.
I.
Hazardous materials. If any use of land requires the
use, storage, or disposal of hazardous materials on site, the use
shall comply with all fire and building codes for hazardous materials
use and adequate precautions shall be taken to protect against negative
off-site impacts of a hazardous materials release, using best available
technology. Upon request, the owner or occupier of the land shall
obtain a hazardous material impact analysis approved by the appropriate
fire district to determine potential off-site impacts and required
mitigation precautions.
J.
Radiation hazards. The airborne emission of radioactive
material shall comply with the latest provisions of the State of Rhode
Island Rules and Regulations pertaining to radiation control.
K.
Smoke/particulate matter. No emission of smoke or
particulate matter which can cause any damage to health, animals,
vegetation, or other forms of property, or which can cause excessive
soiling is permitted. No emission at any point from any chimney or
otherwise of visible gray smoke of a shade darker than No. 1 of the
Ringelmann Smoke Chart as published by the United States Bureau of
Mines is permitted. Dust and other types of air pollution, borne by
the wind from such sources as storage areas, yards, roads, and driveways
within lot boundaries, shall be kept to a minimum by appropriate landscaping.
L.
Toxic/noxious matter. No use shall for any period
of time discharge across the boundaries of the lot wherein toxic matter
is located in such concentrations as to be detrimental to or endanger
the public health, safety, comfort, or welfare, or cause injury or
damage to property or business.
M.
Liquid waste.
(1)
Standards. Liquid effluent from any treatment process
which is discharged into the ground shall at all times comply with
the following standards:
(2)
Location of disposal facilities: Septic tank, leach
field or other disposal place for liquid waste shall not be located
less than 400 feet from the nearest point of any public drinking water
wellhead area.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
Toxic substances: No effluent shall contain any other
acids, oils, dust, toxic metals, corrosive or other toxic substance
in solution or suspension which would create odors, discolor, poison,
or otherwise pollute any stream or other groundwater supply.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
Temperature: No discharge shall raise the temperature
of a water body above temperatures which are normal for such bodies
and can support normal aquatic life in such water body.
