[Ord. of 11-1-1989, § 2(D)]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- BUFFER ZONE
- An area free of obstructions, including but not limited to vegetation, structures or screen fencing.
- HOLDING POND
- Any man-made aboveground area which retains, detains or in any way accumulates and is used to store stormwater.
[Ord. of 11-1-1989, § 2(A)]
When a landowner or developer has demonstrated to the Town that property cannot be developed without an aboveground holding pond, the pond shall be subject to the provisions of this article.
[Ord. of 11-1-1989, § 2(B)]
This article is established to:
[Ord. of 11-1-1989, § 2(C)]
This article shall apply to all land in the Town.
[Ord. of 11-1-1989, § 2(H)]
Rules and regulations may be developed to assist in the enforcement of this article.
[Ord. of 11-1-1989, § 2(G)]
Any person who shall violate any of the provisions of this article or fail to comply with this article or with any of the requirements of this article or who shall build or alter any holding pond in violation of any detailed statement or plan submitted and approved under this article, upon conviction thereof, shall be punished in accordance with § 1-4.
[Ord. of 11-1-1989, § 3]
The requirements set forth in this article shall be in addition to any applicable requirements of any other local or state regulations.
[Ord. of 11-1-1989, § 2(E)]
All designs of holding ponds shall be approved by the department of public works.
All holding ponds shall be designed to control a minimum twenty-five-year storm.
All holding ponds shall not exceed a maximum wet depth of 42 inches.
Each holding pond shall be enclosed with a six-foot chainlink fence, which shall have an eight-foot wide gate, to allow for maintenance of the holding pond. The fence shall be placed a minimum of 10 feet from the edge of the holding pond.
All holding ponds shall be entirely located within a single lot and shall have a fifty-foot buffer area between the property lines and the edge of the holding pond.
Land area required to establish a holding pond and its required buffer area shall not be used in calculating the minimum lot size required by the zoning ordinance.
Upon Town approval of a holding pond, the owners of property where a holding pond is to be constructed shall place on file with the deed to the property a copy of the holding pond design and the terms and conditions imposed on this design. This filing shall take place prior to the construction of the holding pond and prior to the transfer of title to this property.
[Ord. of 11-1-1989, § 2(F)]
The legal liability for and maintenance of a holding pond shall be the sole responsibility of the landowner.
The landowner shall have an inspection of the holding pond performed by a professional engineer every three years to ensure maintenance and proper function of the holding pond. Records of inspections shall be kept on file with the landowner and the department of public works.
[Ord. No. 97-46, § 1, 2-4-1998]
The developer or subdivider of property within the Town who shall develop or subdivide property within the Town in such a manner so as to qualify under the provisions of this article and who shall transfer, lease, or otherwise convey any portion of such property upon which is constructed a holding pond to any person, partnership, corporation, holding company or other personal or business entity, shall be obliged to inform such person, partnership, corporation, holding company or other personal or business entity to which such property is transfer of the existence thereupon of a holding pond governed by the provisions of this article and the obligations and liabilities hereinunder.
Similarly any subsequent owner of the property has the same obligation to disclose under the provisions of this article to any subsequent grantee.
Compliance with such obligation to inform shall be in the form of a written description of the legal status of the holding pond by assessor's plat and lot; the obligations which are being assumed by the purchaser or grantee thereof, especially § 20-39, liability hereof; and shall contain the witnessed or notarized signatures of the grantor and the grantee.
A copy of such document shall be conveyed to the director of public works of the Town of Cumberland, Rhode Island by the grantor. The director of public works shall file a copy of such document in the Land Evidence Records of the Town of Cumberland, Rhode Island, which filing shall constitute a lien against the property for title examination purposes.
Failure to comply with this provision shall be punishable by a fine of up to $100 per day for each consecutive individual day beyond the date of the transfer of a property containing a holding pond subject to this article, or, such other subsequent penalty which may be imposed by the municipal court of the Town of Cumberland, Rhode Island.
[Ord. No. 96-4, § 1, 9-4-1996; Ord. No. 97-46, § 1, 2-4-1998]
The Town Planning Board is hereby empowered and authorized to grant a variance or modification from the strict application of the provisions of this article so as to prevent any undue hardship and to further safeguard the public, health, safety and welfare.
Any variance or modification granted shall be the least variance necessary to prevent any undue hardship and shall not be contrary to the public health, safety and welfare.
Such variance or modification shall only be considered at a public hearing called for such purpose. Such hearing may be included in the routine agenda of the Planning Board, however such hearing shall be separately listed on the Planning Board agenda and considered as a matter separate from any land development or subdivision hearing for the subject property which may also be on the Planning Board agenda.
Notice of any hearing which takes place pursuant to this section shall be given by the Planning Board to the owners of real property within 200 feet of the lot on which the proposed holding pond shall be located. Should the proposed holding pond be a part of a land development project or subdivision being considered by the Planning Board the notice area shall be 200 feet of the perimeter of the entire parcel under consideration.
Notice shall be by first class mail, return receipt requested, and shall contain the date, time and place of the public hearing, the name of the property owner or developer, the assessor's plat and lot and a brief description of the matter under consideration. Should the request for variances or modifications involve a land development project or subdivision also being considered by the Planning Board at such meetings, the notices may be included in the same mailing; provided, however, that separate notice shall be required in written form.
Copies of the notice of such hearing shall be delivered to the director of public works of the Town of Cumberland, Rhode Island, as well as any other municipal, state or federal official or agency deemed appropriate by the administrative officer. Such notice shall solicit written comments. All final written comments to the Planning Board from the administrative officer, the director of public works, municipal departments, state and federal officials or agencies shall be a part of the permanent record of the application for relief, as well as the development application, if any.
The abutters listing shall be delivered to the administrative officer of the Planning Board by the property owner seeking such relief in such time that notices may arrive at the residences and/or places of business of the abutters at least 10 days prior to the hearing. The cost of such notices shall be borne by the applicant seeking relief at the charge determined by the Planning Board for similar notification.
The determination of the Planning Board shall be by the majority of the full membership of the board. All records of the board, together with the rational thereof shall be written and kept as a part of the permanent record of the Planning Board and shall be for available public review.