This article shall apply to any situation involving any disturbance to the terrain, topsoil or vegetative ground cover upon any property within the City of Pawtucket that requires approval in accordance with §
410-15.2, including all projects sites with greater than or equal to one acre of disturbance or projects which are a part of a larger common plan of development or sale that propose more than one acre of disturbance. 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.
The following activity does not require written
approval pursuant to this article:
A. Grading, filling, removal, or excavation activities
and operations undertaken by the City 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 this article and such standards and definitions
as may be adopted to implement said performance principles.
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 a continuous basis. Watercourses originating
and located completely on private property shall be at 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 conditions of this article shall
relieve the owner/applicant from any responsibility for damage to
persons or property, nor impose any liability upon the City for damages
to persons or property.
If, at any stage, the work-in-progress and/or
completed work under the terms of an approved erosion and sediment
control plan does not conform to the plan, a written notice from the
Director of Planning and Redevelopment or his/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 herein. Failure to comply with the required corrections
within the specified time limit shall be considered a violation of
this article.
The City of Pawtucket shall be empowered to
collect fees from permit applicants, which are commensurate with the
cost of administering this article.
As used in this article, the following terms
shall have the meanings indicated:
APPLICANT
Any person, corporation, or public or private organization,
proposing a development which would involve disturbance to the natural
terrain as herein defined.
CONSTRUCTION WASTES
Solid and/or liquid wastes generated from the construction/site
development process. This includes, but not limited to, discarded
building materials, concrete truck washout, chemicals, litter, and
sanitary wastes.
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 City.
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, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed, and shall include the conditions resulting
therefrom.
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 the point of existing undisturbed ground and
a designated point of higher elevation of the final grade and material
added to an excavation.
LAND DISTURBING ACTIVITY
Any physical land-altering activity that includes such actions
as clearance of vegetation, moving or filling of land, removal or
excavation of soil or mineral resources, or similar activities.
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 of origin by
wind, water, and/or gravity as a product of erosion.
SOIL EROSION AND SEDIMENT CONTROL PLAN
The (approved) document required before any person(s) may
cause disturbance to the natural terrain within the City as herein
regulated. Also, herein referred to as "erosion and sediment control
plan" or "approved plan."
WATERCOURSE
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.