[Ord. No. 92-4, art. IX, § 1, 3-18-1992]
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:
Any person, corporation or public or private organization
proposing a development which would involve disturbance to the natural
terrain.
Includes but is not limited to coastal beaches and dunes,
barrier beaches, coastal wetlands, coastal cliffs, bluffs and banks,
rocky shores and manmade shorelines.
An excavation; the difference between a point on the original
ground and a designed point of lower elevation on the final grade;
also, the material removed in excavation.
Any construction, reconstruction, demolition or removal of
structures, roadway, 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 organic matter by the action of
wind, water and 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 includes the condition resulting therefrom.
Any act by which earth, sand or other material is placed
or moved to a new location aboveground. 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 clearing vegetation, moving or filling land, or excavating
soil or mineral resources or similar activity.
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,
the portion of water that is not absorbed by the soil, but runs off
the land surface.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
wind, water 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; also referred
to as erosion and sediment control plan or approved plan.
The same as defined by the United States Geological Services
of the United States Department of Commerce.
Any tidewater or coastal wetland at its mean high-water level,
and any freshwater 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.
[Ord. No. 92-4, art. I, § 1, 3-18-1992]
(a)
The Town Council finds that excessive quantities of soil are eroding
from certain areas that are undergoing development for certain nonagricultural
uses such as housing developments, industrial areas, gravel removal
operations, recreation facilities, commercial facilities and roads.
Erosion occurring in these areas makes costly repairs necessary to
gullies, washed out fills, roads and embankments. The resulting sediment
clogs storm sewers, road ditches, roils streams, and deposits silt
in ponds and reservoirs. In some of the Town's waters, silt resulting
from erosion has become a major water pollutant and threatens the
water supply as well as the recreational, aesthetic and wildlife habitat
values associated with these waters. The Town finds that certain agricultural
lands also experience extensive erosion and sedimentation.
(b)
The purpose of this article 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 soil
surfaces during and after construction, in order to promote the safety,
public health and general welfare of the residents of the Town.
[Ord. No. 92-4, art. I, § 2, 3-18-1992]
The Town Council authorizes the Building Official to administer
the provisions of this article under G.L. 1956, §§ 45-46-1,
45-46-4 and 45-46-5, and may designate all enforcement responsibilities
to the Building Official's designee.
[Ord. No. 92-4, art. II, § 1, 3-18-1992]
(a)
The Building Official or his appointed agent reviewing soil erosion
and sediment control plans shall have the following qualifications:
(1)
Be a registered engineer, surveyor or landscape architect or
Soil and Water Conservation Society certified erosion and sediment
control specialist; or
(2)
Shall have attended a soil erosion and sediment control training
session sponsored by the United States Department of Agriculture Soil
Conservation Service and Conservation Districts.
(b)
The Building Official or his appointed agent shall be granted the
authority necessary to administer this article, including entry onto
private property when necessary for periodic inspections to ensure
compliance with provisions of the approved soil erosion and sediment
control plan.
[Ord. No. 92-4, art. II, § 2, 3-18-1992]
This article shall be applicable to any situation involving any disturbance to the terrain, topsoil or vegetative ground cover upon any property within the Town, after determination of applicability by the Building Official or his appointed agent, based upon criteria outlined in § 20-87. Compliance with the requirements as described in this article shall not be construed to relieve the owner or applicant of any obligations to obtain necessary state, Town or federal permits otherwise required by appropriate statute or regulation appertaining thereto.
[Ord. No. 92-4, art. VI, § 1, 3-18-1992]
(a)
Required.
(1)
Before approving an erosion and sediment control plan, the Building
Official or his appointed agent shall require the applicant or owner
to file a surety company performance bond or a deposit of money or
negotiable securities or other method of surety, as specified by the
Building Official or his appointed agent. This may be waived by the
Building Official or his agent for good cause. When any land disturbing
activity is to take place within 100 feet of any watercourse or coastal
feature or within an identified 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 appointed agent, shall be sufficient
to cover the cost of implementing all erosion and sediment control
measures as shown on the plan. The performance bond shall be reviewed
and may be required to be increased by the Building Official or his
agent on the annual anniversary date thereof.
(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.
(3)
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 requirement of this article.
(b)
Notice of default on performance secured by bond.
(1)
Whenever the Building Official or his appointed agent shall
find that a default has occurred in the performance of any term or
condition 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 the default, work to be done, the estimated cost
thereof and the period of time deemed by the Building Official or
his appointed agent to be reasonably necessary for the completion
of the work.
(2)
Failure of the applicant to acknowledge a default notice within
five days and to 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 whatever, 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)
Notice of default on performance secured by cash or negotiable securities deposits. If a certified check or negotiable securities deposit has been posted by the applicant, notice and procedure shall be the same as provided in Subsection (b) of this section.
(d)
Release from performance bond conditions. The performance bond 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 appointed agent. The Building Official shall consider the appropriateness
of growing seasons as a time frame.
[Ord. No. 92-4, art. VIII, § 2, 3-18-1992]
(a)
Revocation or suspension of approval. The approval of an erosion
and sediment control plan under this article 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 or his appointed agent
after written notification is transmitted by the Building Official
or his appointed agent 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 article or any other applicable
law, ordinance, rule or regulation related to the work or site of
work.
(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 article.
(b)
Other penalties; lien. In addition to the penalties in Subsection (a) of this section, whenever there is a failure to comply with the provisions of this article, the Town shall have the right to notify the applicant or owner that he has 10 days from receipt of notice to temporarily correct the violation and 30 days from receipt of notice to permanently correct the violation. Should the applicant or owner fail to take the temporary corrective measures within the ten-day period and the permanent corrective measures within the thirty-day period, the Town shall have the right to take whatever actions it deems necessary to correct the violation 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 in the office of the Town Clerk, 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 article, including revocation of the performance bond or assessment of a lien on the property by the Town.
[Ord. No. 92-4, art. VI, § 2, 3-18-1992]
(a)
Every approval granted in this article shall expire at the end of
the time period set forth in the conditions of the approval. 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 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 appointed agent, setting forth the reasons underlying
the requested time extension. If the extension is warranted, the Building
Official or his appointed agent 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.
[Ord. No. 92-4, art. VI, § 3, 3-18-1992]
Maintenance of all erosion and sediment control devices under
this article 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.
[Ord. No. 92-4, art. VI, § 4, 3-18-1992]
Neither approval of an erosion and sediment control plan nor
compliance with any condition of this article shall relieve the owner
or applicant from any responsibility for damage to persons or property
or impose any liability upon the Town for damages to persons or property.
[Ord. No. 92-4, art. VII, § 1, 3-18-1992]
(a)
Periodic inspection. The provisions of this article shall be administered
and enforced by the Building Official or his appointed agent. All
work shall be subject to periodic inspections by the Building Official
or his appointed agent. All work shall be performed in accordance
with an inspection and construction control schedule approved by the
Building Official or his appointed agent, who shall maintain a permanent
file on all of his inspections. Upon completion of the work, the developer
or owner shall notify the Building Official or his appointed agent
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 article.
(b)
Final inspection.
(1)
Upon notification of the completion by the owner, the Building
Official or his appointed agent shall make a final inspection of the
site in question and shall prepare a final summary inspection report
of his finding which shall be retained in the department of inspections
and in the permanent inspection file of the department of public works.
A copy of such report shall be sent to the developer and property
owner.
(2)
The applicant or owner may request the release of his performance
bond from the Building Official or his appointed agent 12 months or
two growing seasons after the final site inspection has been completed
and approved. If the performance bond has been posted with the recording
of a final subdivision, the bond shall be released a minimum of 12
months after the Building Official or his appointed agent has been
notified by the Planning Board of successful completion of all plat
improvements by the applicant or owner.
