It is 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 and affect the quality and quantity of stormwater discharges associated with both the construction and post-construction activity without first applying for a determination of applicability from the Building/Zoning Official or his or her designee, except that the following activities shall be determined to be subject to the requirements of this chapter: all activities disturbing a total area equal to or greater than one acre (Note: Throughout this document, this term shall include disturbances less than one acre if part of a larger common plan.), including disturbances less than one acre if part of a larger common plan; and any activity that requires permit approval by the Rhode Island Department of Environmental Management (RIDEM). Upon determination of applicability, the owner/applicant shall submit a stormwater pollution prevention plan (SWPPP) for approval by the Building/Zoning Official or his or her designee. 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/Zoning Official or his or her designee to determine the potential for soil erosion and sedimentation resulting from the proposed project.
In determining the applicability of this chapter to a particular land disturbing activity, the Building/Zoning Official or his or her designee shall consider site topography, drainage patterns, soils, proximity to watercourses, and other such information as deemed appropriate by the Building/Zoning Official or his or her designee.
Where less than a total of one acre is disturbed, a particular land disturbing activity shall not be subject to the requirements of this chapter if the Building/Zoning Official or his or her designee finds that erosion resulting from the land disturbing activity is insignificant and represents no threat to adjacent properties or to the quality of any watercourse, as defined herein. The most current Rhode Island Soil Erosion and Sediment Control Handbook prepared by the U.S. Department of Agriculture Natural Resources Conservation Service, RI. Department of Environmental Management, and RI State Conservation Committee shall be consulted in making this determination.
In making this determination, the Building/Zoning Official will also take into consideration the sensitivity of the water body to which the site drains. A water body and its watershed will be considered sensitive if a total maximum daily load or special area management plan is written or under development for it, or it is included on RIDEM's 303(d) list, or is included on RIDEM's list of Special Resource Protection Waters (Appendix D of the Water Quality Regulations), or has been noted by the municipality to be of special concern.
The Building/Zoning Official or his or her designee shall accept satisfactory evidence in writing from persons who have been conducting excavation and sand and gravel operations for more than one year prior to the date of the determination of applicability. The evidence shall show that the excavation and the sand and gravel operations have been actively operating for five years and that the procedures followed at the existing operations accomplish the objectives of the statute as such procedures prevent soil erosion and sedimentation from occurring and procedures regarding water disposal and soil surfaces promote the safety, public health and general welfare of the Town.
No determination of applicability is required for the following:
A.
Construction, alteration, or use of any additions to existing single-family or two-family homes or related structures, provided the grounds coverage of such addition is less than 1,000 square feet; 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%.
B.
Use of a home garden in association with on-site residential use.
C.
Accepted agricultural management practices such as seasonal tilling and harvest activities associated with property utilized for private and/or commercial agricultural or silvicultural purpose.
D.
Excavations for improvements other than those described in Subsection E(1) of this section which exhibit all of the following characteristics:
E.
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 actions and all of the following conditions are met:
(1)
The aggregate areas of such activity do not exceed 2,000 square feet.
(2)
The change of elevation does not exceed two feet at any point.
(3)
The grading does not involve a quantity of fill greater than 18 cubic yards except where excavated from another portion of the same parcel, and the quantity does not exceed 50 cubic yards.
(4)
When the preexisting use is a gravel extraction operation, the property owner shall conduct the operation in a manner so as not to devalue abutting properties, to protect abutting property from wind erosion and soil erosion, from increased runoff, sedimentation of reservoirs and drainage systems, and to limit the depth of extraction so as not to interfere with the nearby water table. Where any portion of a proposed development requires approval under the Rhode Island Fresh Water Wetlands Act (R.I.G.L. § 2-1-18 et seq.), as amended, and where said approval contains provision for soil erosion and sediment controls, that approved plan shall be a component of the overall SWPPP required hereunder for the development.
F.
Grading, filling, removal, or excavation activities and operations undertaken by the Town under the direction 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 and controls for other construction wastes are incorporated in engineering plans and specifications are followed and 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 § 288-16, and such standards and definitions as may be adopted to implement such performance principles.