This ordinance is applicable to any situation involving any disturbance to the terrain, topsoil or vegetative ground cover upon any property within the Town after a determination of applicability by the building official or his or her designee based upon criteria outlined in Section
174-3. Compliance with the requirements as described in this ordinance shall not be construed to relieve the owner/applicant of any obligations to obtain necessary state or federal permits.
The provisions of this ordinance 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.
A. The owner or his/her agent shall make regular inspections of all
control measures in accordance with the inspection schedule outlined
on the approved Erosion and Sediment Control Plan. The purpose of
such inspections will be to determine the overall effectiveness of
the control plan and the need for additional control measures. All
inspections shall be conducted by a properly trained professional
recognized as a CESSWI by the CPESC, Inc. All inspections shall be
documented in written form and submitted to the building official
as requested.
B. The building official or his or her designee will perform a minimum
of two (2) inspections; one during construction and one after final
stabilization of the site. The developer or owner shall notify the
building official of the installation of erosion and sediment control
measures, in order for an inspection to be performed during the construction
phase of the project. The building official or his/her designee will
confirm that wastes are controlled and that the erosion and sediment
control measures are installed as planned, meet the needs of the site
and conform with the RI Erosion & Sediment Control Handbook.
C. Upon completion of all 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 ordinance.
(1) 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.
(2) The applicant/owner may request the release of his or her performance
bond from the building official or his or her designee twelve (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 planner of successful completion of all plat improvements
by the applicant/owner.
APPLICANT
Any persons, corporation, or public or private organization
proposing a development which would involve disturbance to the natural
terrain as defined in this ordinance.
COASTAL FEATURE
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.
CUT
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.
DEVELOPMENT PROJECT
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 of Charlestown.
DISTURBED AREA
An area in which the natural vegetative soil cover has been
removed or altered and, therefore, susceptible to erosion.
EROSION
The removal of mineral and/or organic matter by the action
of wind, water, and/or gravity.
EXCAVATE
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.
FILL
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.
LAND DISTURBING ACTIVITY
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.
LIMIT OF DISTURBANCE
Line delineating the boundary of the area to be disturbed
during a development or redevelopment project. Area outside this boundary
shall not be touched.
RUNOFF
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.
SEDIMENT
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.
SOIL AMENDMENT
Any material, such as compost, lime, animal manures, crop
residues, etc., that is worked into the soil. Generally pertains to
materials other than fertilizers.
SOIL EROSION AND SEDIMENT CONTROL PLAN
The approved document required before any person may cause
a disturbance to the natural terrain within the Town of Charlestown
as regulated by this ordinance. Also, referred to as erosion and sediment
control plan, approved plan.
WATERCOURSE
The term watercourse means 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.