[Ord. No. 92-4, art. III, § 1(I), 3-18-1992]
It shall be unlawful for any person to disturb any existing vegetation, grade and contour 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 appointed agent. Upon determination of applicability, the owner or applicant shall submit within 60 days a soil erosion and sediment control plan for approval by the Building Official or his appointed agent, as provided in § 20-101.
[Ord. No. 92-4, art. III, § 1(I), 3-18-1992]
(a) 
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 appointed agent to determine the potential for soil erosion and sedimentation resulting from the proposed project.
(b) 
In determining the applicability of this article to a particular land disturbing activity, the Building Official or his appointed agent shall consider site topography, drainage patterns, soil types according to the United States Geological Service, proximity to watercourses or wetlands and other such information as deemed appropriate by the Building Official or his appointed agent. A particular land disturbing activity shall not be subject to the requirements of this article if the Building Official or his appointed agent 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, watercourse wetland or drinking water source. The current Rhode Island Soil Erosion and Sediment Control Handbook, prepared by the U.S. Department of Agriculture Soil Conservation Service, state department of environmental management and state conservation committee, shall be consulted in making this determination.
[Ord. No. 92-4, art. III, § 1(II), 3-18-1992]
No determination of applicability shall be required for the following:
(1) 
Construction, alteration or use of any additions to single-family or duplex homes or related structures, provided the ground coverage of such addition is less than 1,000 square feet, and such construction, alteration and use does not occur within 100 feet of any watercourse or wetland and the slopes at the site of land disturbance do not exceed 10%.
(2) 
Use of a home garden as permitted in a residential use zone by the provisions of the zoning ordinance and certified by the Building Official in association with on-site residential use.
(3) 
Accepted agricultural management practices such as seasonal tilling and harvest activities associated with property utilized for private or commercial agricultural or silvacultural purposes, except within drinking water watersheds.
(4) 
Excavations for an improvement other than those described in Subsection (1) of this section which exhibit all of the following characteristics:
a. 
Does not result in total displacement of more than 50 cubic yards of material;
b. 
Has no slope steeper than 10 feet vertical in 100 feet horizontal or approximately 10%; and
c. 
Has all disturbed surface areas promptly and effectively protected to prevent soil erosion and sedimentation as determined by the Building Officials in the best interest of the public.
(5) 
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 action and all of the following are met:
a. 
The aggregate area of such activity does not exceed 2,000 square feet;
b. 
The change of elevation does not exceed two feet at any point; and
c. 
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.
(6) 
Grading, filling, removing or excavating 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, however, that adequate and acceptable erosion and sediment controls are incorporated in engineering plans and specifications as employed. Appropriate controls shall apply during construction as well as after the completion of these activities. All such work shall be undertaken in accordance with the performance principles provided for in § 20-104 and such standards and definitions as may be adopted to implement such performance principles.