A. 
To obtain approval for a land disturbing activity as found applicable by the Building/Zoning Official or his or her designee under Article III, if the site is less than one acre in size, an applicant shall file an erosion and sediment control plan. If the site is a total of one acre or greater in size, they shall submit a stormwater pollution prevention plan (SWPPP), 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 Article V, shall include proposed erosion and sediment control and waste management measures to be employed by the applicant or the applicant's agent.
B. 
RI freshwater wetlands permit. Where any portion of a proposed development requires approval under any provision of the general laws approved by the General Assembly or 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 or SWPPP required under this chapter for the development.
C. 
Construction general permit. In those cases where a SWPPP is submitted, the applicant will also submit a copy of the notice of intent.
A. 
The Town may collect fair and reasonable fees from each applicant requesting approval of a SWPPP for the purpose of administering this chapter.
B. 
At the time of submission of a SWPPP to the office of the Building/Zoning Official or his or her designee, the applicant shall pay a filing fee. This fee is in addition to any required by the RI Fresh Water Wetlands Act.[1]
[1]
Editor's Note: See R.I.G.L. § 2-1-18 et seq.
C. 
The Building/Zoning Official or his or her designee may waive the filing fee for an applicant who demonstrates that imposition of the filing fee will result in substantial hardship, or that the imposition of the filing fee will make unnecessarily difficult a project which should enjoy routine approval or which could be beneficial to soil, water, or land resources. Any such determination of waiving a filing fee shall be based upon documentation provided to the Building/Zoning Official or his or her designee prior to the application for plan approval.
D. 
The Building/Zoning Official or his or her designee may waive the filing fee for an application or request filed by a Town office or agency.
E. 
The Building/Zoning Official or his or her designee may draw upon the fees for costs and expenses in processing applications, plans, and requests; copying plans, technical reports, and other documents for review; advertising, circulating, or otherwise publishing notices and information regarding applications and other matters pending; conducting hearings, meetings, field inspections and other professionally contracted reviews; and communicating with federal and state agencies, consultants and engineers, provided that only those costs and expenses are reasonably attributable to review, approval, disapproval, or other action on plans and determinations of applicability.
F. 
This filing fee schedule has been determined by the Town to be commensurate with the expenses of providing these municipal services to applicants.
A. 
Within 10 days of the receipt of a completed SWPPP, the Building/Zoning Official or his or her designee shall send a copy of the plan to the review authorities which shall include the Public Works Department, the Planning Board, or Planning Department and Conservation Commission for the purpose of review and comment.
B. 
The Building/Zoning Official or his or her designee shall also within the above time frame submit copies of the SWPPP to other local departments or agencies, including the Northern Rhode Island Conservation District, in order to better achieve the purposes of this chapter. Failure of the aforementioned review authorities to respond within 45 days of their receipt of the plan shall be deemed as no objection to the plan as submitted.
C. 
The time allowed for plan review shall be commensurate with the proposed development project, and shall be done simultaneously with other reviews.
A. 
The Building/Zoning Official or his or her designee shall take action in writing either approving or disapproving the SWPPP with reasons stated within 10 days after the Building/Zoning Official or his or her designee has received the written opinion of the aforementioned review authorities.
B. 
In approving a SWPPP, the Building/Zoning Official or his or her designee may attach such conditions deemed reasonably necessary by the aforementioned review authorities to further the purposes of this chapter. The conditions pertaining to 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, good housekeeping and spill prevention measures for construction waste and specification of the methods for performance and timing of various kinds of work. The applicant/owner shall notify the Building/Zoning Official or his or her designee in advance of his or her intent to begin clearing and construction work described in the SWPPP. The applicant shall have the SWPPP on the site during grading and construction.
C. 
Following receipt of a permit, the applicant/owner shall notify the Building/Zoning Official or his designee at least 72 hours in advance of his intent to begin clearing and construction work on the site as described within the approved SWPPP.
D. 
Projects requiring review and approval from the Planning and/or Zoning Board shall receive final approvals from the appropriate board prior to commencement of any land disturbing activities as described above.
E. 
The applicant shall have an approved copy of the SWPPP on site for the duration of the project and shall be made available upon request.
A. 
Administrative procedures. If the finding made by the Building/Zoning Official or his or her designee is unsatisfactory to the applicant/owner, the applicant/owner may file a written appeal. The appeal of plans for SWPPP shall be in the Zoning Board of Review or other appropriate board of review, as determined by the Town Council. Appeal procedures shall follow current requirements for appeal to boards above. 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/Zoning Official or his or her designee shall remain in effect.
B. 
Expert opinion. The official or his/her designee and/or the Zoning Board of Review or other board of review may seek technical assistance on any SWPPP. The expert opinion must be made available in the office of the Building/Zoning Official or his or her designee as a public record prior to the appeals hearing.