[Ord. of 6-3-1991, art. VII, § 1]
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 persons, corporation, or public or private organization
proposing a development which would involve disturbance to the natural
terrain as herein defined.
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 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
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, rock, or any other
similar material is dug into, cut, quarried, uncovered, removed, displaced,
relocated, or bulldozed, and shall include the conditions resulting
therefrom.
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 of 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 herein regulated.
Also, referred to in this article as erosion and sediment control
plan or approved plan.
Any water or coastal wetland at its mean high water level,
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 as herein defined shall be used for delineation
purposes.
[Ord. of 6-3-1991, intro.]
The town finds that excessive quantities of soil are eroding
from certain areas of the town that are undergoing development for
certain nonagricultural uses such as housing development, industrial
areas, recreational facilities, commercial facilities, and roads.
Erosion occurring in these areas makes necessary costly repairs to
gullies, washed out fills, roads, and embankments.
[Ord. of 6-3-1991, § 1]
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 of New Shoreham after determination of applicability by the building official or his designee based upon criteria outlined in § 11-106. Compliance with the requirements as described herein shall not be construed to relieve the owner/applicant of any obligations to obtain necessary state or federal permits.
[Ord. of 6-3-1991, art. I, § 1]
(a)
It shall be 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 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 designee, as provided in § 11-105. 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 designee to determine the potential for soil erosion and sedimentation resulting from the proposed projects. In determining the applicability of this soil erosion and sediment control article to a particular land disturbing activity, the building official or his designee shall consider site topography, drainage patterns, soils proximity to watercourses, and other such information as deemed appropriate by the building official or his designee. A particular land disturbing activity shall not be subject to the requirements of this article if the building official or his designee finds that erosion resulting from the land disturbing activity is insignificant and represents no threat to adjacent properties or the quality of any coastal feature watercourse, as defined herein. The current Rhode Island Soil Erosion and Sediment Control Handbook, U.S. Department of Agriculture Soil Conservation Service, state department of environmental management, and state conservation committee shall be consulted in making this determination.
(b)
No determination of applicability shall be required for the following:
(1)
Construction, alteration or use of any additions to existing
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 coastal feature, and the slopes at the site
of land disturbance do not exceed 10%.
(2)
Use of a home garden in association with on-site residential
use.
(3)
Accepted agriculture management practices such as seasonal tilling
and harvest activities associated with property utilized for private
and/or commercial agricultural or silvicultural purposes.
(4)
Excavations for improvements other than those described in subsection
(b)(1) of this section which exhibit all the following characteristics:
a.
Does not result in a total displacement of more than 50 cubic
yards of material;
b.
Has no slopes steeper than 10 feet vertical in 100 feet horizontal
or approximately 10%; and
c.
Has all disturbed surface area promptly and effectively protected
to prevent soil erosion and sedimentation from occurring.
(5)
Grading, as maintenance measure, or for the 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:
a.
The aggregate of areas of such activities does not exceed 2,000
square feet; and
b.
The change of elevation does not exceed two feet at any point.
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, 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, however, that adequate and acceptable erosion and sediment controls are incorporated in engineering plans and specifications are 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 § 11-106(c) and such standards and definitions as may be adopted to implement said performance principles.
[Ord. of 6-3-1991, art. II, § 1]
(a)
Plan required.
(1)
To obtain approval for land disturbing activity as found applicable by the building official or his designee under § 11-104, 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 § 11-106, shall include proposed erosion and sediment control measures to be employed by the applicant or the applicant's agent.
(2)
State freshwater wetlands permit. Where any portion of a proposed development requires approval under the state Freshwater Wetlands Act (G.L. 1956, § 2-1-15 et seq.), as amended, and 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 article for the development.
(b)
Fees. The town council of will set fees collected from each applicant
requesting approval of a soil erosion and sediment control plan for
the purpose of administering this article. Said fees will remain on
file in the office of the town clerk.
(c)
Plan review.
(1)
Within five working days of the receipt of a completed plan,
the building official or his 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
designee may also within the timeframe in this subsection 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 article. Failure of the aforementioned
review authorities to respond within 30 days of their receipt of the
plan shall be deemed as no objection to the plan as submitted.
(2)
The time allowed for plan review shall be commensurate with
the proposed development project, and shall be done simultaneously
with other reviews.
(d)
Plan approval.
(1)
The building official or his 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 aforementioned review authorities.
(2)
In approving a plan, the building official or his designee may
attach such conditions deemed reasonably necessary by the aforementioned
review authorities to further the purposes of this article. 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 thereof. The applicant/owner
shall notify the building inspector or his designee not less than
48 hours 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.
(e)
Appeals.
(1)
Administrative procedures.
a.
If the ruling made by the building official or his 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.
b.
Appeal procedures shall follow current requirements for appeal
to the boards above.
c.
During the period in which the request for appeal is filed,
and until such time as a final decision is rendered on the appeal,
the decision of the building official or his designee shall remain
in effect.
(2)
Expert opinion. The building official or his 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
designee as a public record prior to the appeals hearing.
[Ord. of 6-3-1991, art. III, § 1]
(a)
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 five copies of the plan shall be submitted to the building
official or his designee.
(b)
Plan contents. The erosion and sediment control plan shall include
sufficient information about the proposed activity and land parcel(s)
to form a clear basis for discussion and review and to ensure compliance
with all applicable requirements of this article. 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 U.S. Department of Agriculture, Soil Conservation
Service, state department of environmental management, state conservation
committee and, at a minimum, shall contain:
(1)
A narrative describing the proposed land disturbing activity
and the soil erosion and sediment control measures and stormwater
management 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 designee.
(2)
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; stockpiles and borrow
areas; sequence and staging of land disturbing activities; and other
such information needed for construction.
(3)
Other information or construction plans and details as deemed
necessary by the building official or his designee for thorough review
of the plan prior to action being taken as prescribed in this article.
Withholding or delay of such information may be reason for the building
official or his designee to judge the application as incomplete and
grounds for disapproval.
(c)
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.
(1)
The site selected shall show due regard for natural drainage
characteristics and topography.
(2)
To the extent possible, steep slopes shall be avoided.
(3)
The grade of the slopes created shall be minimized.
(4)
Postdevelopment 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.
(5)
Original boundaries, alignment, and slope of watercourses within
the project locus shall be preserved to the greatest extent feasible.
(6)
In general, drainage shall be directed away from the structures
intended for human occupancy, municipal or utility use, or similar
structures.
(7)
All drainage provisions shall be of such 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.
(8)
Drainage facilities shall be installed as early as feasible
during construction, prior to site clearance, if possible.
(9)
Fill located adjacent to watercourses shall be suitably protected
from erosion by means of rip-rap, gabions, retaining walls, vegetative
stabilization, or similar measures.
(10)
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.
(11)
Permanent vegetation shall be placed immediately following fine
grading.
(12)
Trees and other existing vegetation shall be retained whenever
feasible; the areas beyond within the dripline shall be fenced or
roped off to protect trees from construction equipment.
(13)
All areas damaged during construction shall be resodded, reseeded,
or otherwise restored. Monitoring and maintenance schedule, where
required, shall be predetermined and submitted in writing and signed
by applicant.
[Ord. of 6-3-1991, art. IV, § 1]
(a)
Before approving an erosion and sediment control plan, the building
official or his designee may require the applicant/owner to file a
surety company performance bond, deposit of money or negotiable securities
or other method of surety, as specified by the building official or
his 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 designee, shall be sufficient to cover the cost of implementing
all erosion and sediment control measures as shown on the plan.
(1)
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.
(2)
A performance bond for an erosion and sediment control plan
for a subdivision may be included in 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 article.
(b)
Notice of default on performance secured by bond.
(1)
Whenever the building official or his designee shall find 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 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 default, work to be done, the estimated cost thereof, the period
of time deemed by the building official or his 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 such notice of default shall
mean 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.
(c)
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 shall be the same as provided for in subsection (b) of this section.
(d)
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 designee.
[Ord. of 6-3-1991, art. IV, § 2]
(a)
Every approval granted under this article shall expire at the end
of the time period set forth in the conditions. The developer shall
fully perform and complete all 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 designee, setting forth the reasons underlying the
requested time extension. If the extension is warranted, the building
official or his 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.
[Ord. of 6-3-1991, art. IV, § 3]
Maintenance of all erosion-sediment control devices under this
article shall be the responsibility of the owner. The erosion-sediment
control devices shall be maintained in good condition and working
order on 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. of 6-3-1991, art. IV, § 4]
Neither approval of an erosion and sediment control plan nor
compliance with any condition of this article 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.
[Ord. of 6-3-1991, art. V, § 1]
(a)
Periodic inspections. The provisions of this article shall be administered
and enforced by the building official or his designee. All work shall
be subject to periodic inspections by the building official or his
designee. All work shall be performed in accordance with an inspection
and construction control schedule approved by the building official
or his designee, who shall maintain a permanent file on all of his
inspections. Upon completion of the work, the developer or owner(s)
shall notify the building official or his 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 article.
(b)
Final inspection.
(1)
Upon notification of the completion by the owner, the building
official or his 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 inspection file.
(2)
The applicant/owner may request the release of his/her performance
bond from the building official or his 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 the
final subdivision, the bond shall be released after the building official
or his designee has been notified by the town engineer of successful
completion of all plat improvements by the applicant/owner.
[Ord. of 6-3-1991, art. VI, § 1]
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 designee to comply shall be transmitted by certified mail to the owner. The notice shall set forth the nature of the temporary and permanent corrections required and the time limit within which corrections shall be completed as set forth in § 11-113(b). Failure to comply with the required corrections within the specified time limit shall be considered in violation of this article, in which case the performance bond or cash or negotiable securities deposit shall be subject to notice of default, in accordance with § 11-107(b) and (c).
[Ord. of 6-3-1991, art. VI, § 2]
(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 after written notification
is transmitted by the building official to the developer for one or
more of the following reasons:
(1)
Violation of any conditions 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; and
(3)
The existence of any condition or the performance of any activity
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. In addition thereto, whenever there is a failure
to comply with the provisions of this article, the town shall have
the right to notify the applicant/owner that he has five days from
the receipt of notice to temporarily correct the violation 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 shall then have 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 recorded with the records
of land evidence of the town, and the lien shall incur legal interest
from the date of recording. The imposition of any penalty shall not
exempt the offender from the 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. of 6-3-1991, art. VIII, § 1]
(a)
For the purposes of this article, the building official and/or his
designee reviewing soil erosion and sediment control plans shall have
the following qualifications:
(1)
Be a registered engineer, surveyor, or landscape architect or
a 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 and his designee shall be granted the necessary
authority 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.
