[HISTORY: Adopted by the Town Council of
the Town of Coventry 4-12-1993 by Ord. No. 2-93-0187 (Ch. 5, Art. III,
of the 1991 Code). Amendments noted where applicable.]
A.
The Town Council hereby finds that excessive quantities
of soil are eroding from certain areas that are existing or undergoing
development for nonagricultural uses, such as nonconforming earth
removal operations, housing developments, commercial development,
industrial areas, recreational facilities and roads. This erosion
makes necessary costly repairs to gullies, washed out fills, roads
and embankments. The resulting sediment clogs the storm sewers and
road ditches, muddies streams, leaves deposits of silt in ponds and
reservoirs and is considered a major water pollutant.
B.
The purpose of this chapter is to prevent soil erosion
and sedimentation from occurring as a result of nonagricultural development
within the Town by requiring proper provisions for water disposal
and the protection of soil surfaces during and after construction,
in order to promote the safety, public health and general welfare
of the Town.
The Town Council of the Town of Coventry authorizes
the Building Official to administer the provisions of this chapter
under the General Laws of the State of Rhode Island in Chapter 45-46,
entitled "Soil Erosion and Sediment Control," and may designate all
enforcement responsibilities to his/her designee.
This chapter shall be applicable to any situation involving any disturbance to the terrain, topsoil or vegetative ground cover upon any property within the Town of Coventry after determination of applicability by the Building Official or his or her designee, based upon criteria outlined in § 200-5 below. 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.
A.
The Building Official and/or his/her appointed agent
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/or his/her appointed agent
shall be granted the necessary authority to administer the said chapter,
including entry onto private property when necessary for periodic
inspections to ensure compliance with provisions of the approved soil
erosion and sediment control plan.
A.
Determination of applicability.
(1)
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 or her designee. Upon determination of applicability, the owner/applicant shall submit, within 60 days, a soil erosion and sediment control plan by the Building Official or his or her designee, as provided in §§ 200-6 through 200-10.
(2)
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 or her designee to determine the potential
for soil erosion and sedimentation resulting from the proposed project.
(3)
In determining the applicability of this chapter to
a particular land-disturbing activity, the Building 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 Official or his or her designee.
(4)
A particular land-disturbing activity shall not be
subject to the requirements of this chapter if the Building 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 coastal feature or watercourse, as defined
herein.
(5)
The current "Rhode Island Soil Erosion and Sediment
Control Handbook," United States Department of Agriculture, Soil Conservation
Service, Rhode Island Department of Environmental Management and Rhode
Island State Conservation Committee shall be consulted in making this
determination.
B.
Exceptions.
(1)
This chapter shall not apply to existing quarrying
operations actively engaged in excavating rock but shall apply to
existing sand and gravel extraction operations.
(2)
No determination of applicability shall be required
for the following:
(a)
Construction, alteration or use of any additions
to existing single-family or duplex homes or related structures, provided
that the grounds 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%.
(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
purposes.
(d)
Excavations for improvements other than those
described in Subsection B(2)a above 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 area of such activity does 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 fill is excavated from another
portion of the same parcel and the quantity does not exceed 50 cubic
yards.
(f)
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, 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 § 200-11C and such standards and definitions as may be adopted to implement the performance principles.
A.
To obtain approval for a land-disturbing activity as found applicable by the Building Official or his or her designee under § 200-5, an applicant shall first file an erosion and sediment control plan signed by the owner of the property, or his or her authorized agent, on which the work subject to approval is to be performed. The plan or drawings, as described in § 200-11 of this chapter, shall include proposed erosion and sediment control measures to be employed by the applicant or the applicant's agent.
B.
Rhode Island freshwater wetlands permit. Where any
portion of a proposed development requires approval under any provision
of the General Laws of Rhode Island 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 required hereunder for the development.
An application for review of plans submitted under this chapter shall require a nonrefundable filing fee paid to the Town according to the schedule set forth in Chapter 122, Fees.
A.
Within five working days of the receipt of a completed
plan, the Building Official or his or her designee shall send a copy
of the plan to the review authorities, which may include the Public
Works Department, the Planning Commission or Planning Department and
the Conservation Commission, for the purpose of review and comment.
The Building Official or his or her designee may also, within the
above time frame, submit copies of the plan to other local departments
or agencies, including the conservation district that services his
or her county, in order to better achieve the purposes of this chapter.
Failure of the aforementioned review authorities to respond within
21 days of their receipt of the plan shall be deemed as no objection
to the plan as submitted.
B.
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 Official or his or her 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.
B.
In approving a plan, the Building 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 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 Official or his or her
designee 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.
A.
Administrative procedures. If the ruling made by the
Building 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 soil erosion and sediment control shall be to
the Planning Commission. Appeal procedures shall follow current requirements
for appeal to the 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 Official or his or her
designee shall remain in effect.
B.
Expert opinion. The official, his or her designee
or the Planning Commission 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 or her designee,
as a public record prior to the appeals hearing.
A.
Plan preparation. The erosion and sediment control
plan shall be prepared by a registered engineer, landscape architect
or a Soil and Water Conservation Society certified erosion and sediment
control specialist, and copies of the plan shall be submitted to the
Building Official or his or her designee.
B.
Plan contents. The erosion and sediment control plan
shall include sufficient information about the proposed activities
and land parcel(s) to form a clear basis for discussion and review
and to assure compliance with all applicable requirements of this
chapter. 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 United
States Department of Agriculture, Soil Conservation Service, Rhode
Island Department of Environmental Management, Rhode Island 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 measures 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 or her 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 information needed for construction.
(3)
Other information or construction plans and details
as deemed necessary by the Building Official or his or her designee
for a thorough review of the plan prior to action being taken as prescribed
in this chapter. Withholding or delay of such information may be reasons
for the Building Official or his or her designee to judge the application
as incomplete and providing grounds for disapproval of the application.
(4)
An emergency management plan including, but not limited
to, contact names and telephone numbers of owners, equipment operators,
engineers registered with the Department of Public Works; emergency
remedial measures of major soil erosion and sedimentation control
failures, as determined by the Building Official and/or his/her designee.
C.
Performance principles. The contents of the erosion
and sediment control plan shall clearly demonstrate how the principles
outlined below 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 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 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 riprap, 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 area 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
schedules, where required, shall be predetermined.
D.
Existing uses and facilities.
(1)
The Building Official and/or his/her designee shall accept plans for existing uses and facilities which, by their nature, may cause erosion and sedimentation, such as excavation and quarrying operations; provided, however, that this section shall not apply to § 200-5B(1). Plans or satisfactory evidence to demonstrate that the existing operations accomplish the objectives of the section shall be submitted to the Building Official and/or his/her designee within 120 days from the date of the determination of applicability. Implementation of the plan shall be initiated upon approval of the plan.
(2)
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; so as to protect abutting property
from wind erosion and soil erosion due to increased runoff, sedimentation
of reservoirs and drainage systems; and so as to limit the depth of
extraction so as not to interfere with the existing nearby water table.
A.
Requirements.
(1)
Before approving an erosion sediment control plan,
the Building Official or his or her designee may require the applicant/owner
to file a surety company performance bond, deposit of money, negotiable
securities or other method of surety, as specified by the Building
Official or his or her 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 or her designee, shall be sufficient
to cover the cost of implementing all erosion and sediment control
measures as shown on the plan.
(2)
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.
(3)
A performance bond for an erosion and sediment control
plan for a subdivision may be included in the 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 requirement(s)
of this chapter.
B.
Notice of default on performance secured by bond.
(1)
Whenever the Building Official or his or her designee
shall find that a default has occurred in the performance of any term(s)
or condition(s) 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 the default, the work to be done, the estimated
cost thereof and the period of time deemed by the Building Official
or his or her 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 the 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 or her designee.
A.
Every approval granted herein shall expire at the
end of the time period set forth in the conditions. The developer
shall fully perform and complete all of 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 or her designee, setting forth
the reasons underlying the requested time extension. If the extension
is warranted, the Building Official or his or her 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.
Maintenance of all erosion sediment control
devices under this chapter shall be the responsibility of the owner.
The erosion sediment control devices shall be maintained in good condition
and working order on a 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.
Neither approval of an erosion and sediment
control plan nor compliance with any condition of this chapter shall
relieve the owner/applicant from any responsibility for damage to
persons or property, nor impose any liability upon the city or Town
for damages to persons or property.
A.
Periodic inspections. The provisions of this chapter
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.
Upon completion of the work, the developer or owner(s) shall notify
the Building Official or his or her designee, in writing, 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 chapter.
B.
Final inspection.
(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 inspection
files.
(2)
The applicant/owner may request the release of his
or her performance bond from the Building Official or his or her 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 a final subdivision, the bond shall be released after
the Building Official or his or her designee has been notified by
the city or Town planning director of successful completion of all
plat improvements by the applicant/owner.
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 or her 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 § 200-18B. Failure to comply with the required corrections within the specified time limit shall be considered a violation of this chapter, in which case the performance bond or cash or negotiable securities deposit shall be subject to notice of default, in accordance with § 200-12B and C of this chapter. In the case of construction, failure to submit a required plan will result in revocation of a building permit application and/or subdivision application.
A.
Revocation or suspension of approval. The approval
of an erosion and sediment control plan under this chapter 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 condition of the approved plan or
specifications pertaining thereto;
(2)
Violation of any provision of this chapter 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 act 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 chapter.
B.
Other penalties. In addition thereto, whenever there
is a failure to comply with the provisions of this chapter, the Town
shall have the right to notify the applicant/owner that he or she
has five days from the receipt of notice to temporarily correct the
violations 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 enforced in the manner
provided or authorized by law for the enforcement of common law liens
on personal property. The lien shall be recorded with the records
of land evidence of the municipality, and the lien shall incur legal
interest from the date of recording. The imposition of any penalty
shall not exempt the offender from compliance with the provisions
of this chapter, including performance bond or assessment of a lien
on the property by the Town.
C.
In addition to any other penalties provided in this
section, any person or applicant who fails to submit plans on or before
the date on which such plan must be submitted, as determined in this
chapter, shall be fined not more than $250 for each offense, which
fine shall be deposited in the general fund of the Town. Each day
that said plan is not submitted shall constitute a separate offense.
Any person or applicant who fails to submit the required plan will
have his or her application revoked, whether that be a building permit
application or subdivision application. Any work started before plan
approval is subject to a fine of not more than $250 for each offense.
As used in this chapter, the following terms
shall have the meanings indicated:
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 man-made 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 a 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 other
similar facilities, including any action requiring a building permit
by the city or 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 or any other similar
material is dug into, cut, 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 city or Town as herein
regulated; also herein referred to as "erosion and sediment control
plan, approved plan."
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, as herein defined, shall be used for
delineation purposes.
