The following definitions shall apply in this chapter:
APPLICANT
Any person, corporation, or public or private organization proposing
a development which would involve disturbance to the natural terrain as herein
defined.
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 excavating.
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 Town.
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 a point of existing undisturbed ground and a designated point of higher
elevation of the final grade.
LAND-DISTURBING ACTIVITY
Any physical land 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.
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,
being transported, or has been moved from its site or origin by wind, water
and/or gravity as a product of erosion.
SOIL EROSION AND SEDIMENT CONTROL PLANS
The (approved) document required before any person may cause a disturbance
to the natural terrain within the Town as herein regulated. Also, herein referred
to as an "erosion and sediment control plan," "approved plan."
Whenever a violation of this chapter occurs, or is alleged to have occurred,
any person may convey to the Environmental Affairs Officer a written complaint
stating fully the causes and basis thereof. The Environmental Affairs Officer
shall promptly record such complaint, immediately investigate and take appropriate
action thereon as provided by this chapter. All complainants shall be promptly
notified by the Environmental Affairs Officer as to the disposition of their
complaint.
This chapter shall be applicable in any situation involving any disturbance to the natural terrain, topsoil or vegetative ground cover upon any property within the Town of Smithfield except as so specified in §
299-6 hereunder, including but not limited to the following specific situations:
A. For any development project subject to the obtaining
of a building permit pursuant to the building code;
B. For any development project subject to the approval of
a subdivision plan pursuant to the subdivision regulations; however, the preliminary
and final plats approved by the Town Planning Board shall constitute the plan;
C. All plans for projects undertaken by the Town through
private contractors shall include in the specifications and in the contract
documents the requirements of this chapter;
D. All projects undertaken directly by the department of public works and by its several divisions shall be undertaken in accordance with the performance principles provided for in §
299-8C(17) and such standards and definitions as may be adopted to implement said performance principles;
E. For any wood cutting operation involving an area of 1/2
acre or more or where slope is greater than 10%.
It shall be unlawful for any person to disturb any existing vegetation, grades, and contours of land without first receiving a soil erosion permit from the Building Official in accordance with the procedures set out in §
299-7 of this chapter. No permit shall be required under this chapter for the following:
A. The construction, alteration or use of a single-family
residential structure or appurtenance or a two-family residential structure
or structures accessory thereto, which is or are to be constructed, altered
or used individually and not as part of a development, provided such construction,
including land-disturbing activities, does not occur within 100 feet of any
watercourse and has no slopes greater than 10 feet vertical in 100 feet horizontal
or 10% before, during and after construction.
B. Development projects where less than 1/2 acre; is
to be disturbed during one planting season, and which disturbance of soil
is not within 100 feet of any watercourse, has no slope greater than 10% before,
during and after construction; and where in the opinion of the Environmental
Affairs Officer, no soil erosion will occur.
C. Accepted agricultural management practices such as seasonal
tilling and harvest activities associated with property utilized for private
and/or commercial agricultural or silvacultural purposes.
D. An excavation which exhibits all of the following characteristics:
(1) Is less than four feet in vertical depth at its deepest
point as measured from the average elevation of the natural ground surface;
and
(2) Does not result in a total displacement of more than
100 cubic yards of material on any lot, land, parcel, or subdivision; and
(3) Has no slopes steeper than 10 feet vertical in 100 feet
horizontal or approximately 10 percent before, during and after construction;
and
(4) Has all disturbed surface areas promptly and effectively
protected to prevent soil erosion and sedimentation from occurring including
seeding and/or sodding, and provided that all disturbed surface areas which
will be exposed for a period of time in excess of 30 days shall be covered
with a suitable temporary protective ground cover until permanent ground cover
is in place.
E. Grading, as a maintenance measure, or for landscaping
purposes on existing developed land parcels or lots, provided that all of
the following conditions are met:
(1) The aggregate of area(s) affected or stripped at any
one time does not exceed 10,000 square feet; and
(2) The change of elevation does not extend two feet at any
point; and
(3) All bare surface area is promptly seeded, sodded, or
otherwise effectively protected from erosive actions; and
(4) The grading does not involve a quantity of material in
excess of 500 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 right-of-ways 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 such activities.
Maintenance of all erosion - sediment control devices under this chapter
shall be the responsibility of the owner. Such erosion - sediment control
devices shall be maintained in good condition and working order on a continuing
basis. Watercourses originated 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 damages to persons or property; nor impose any liability
upon the Town of Smithfield for damages to persons or property.
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 such plan, a written notice from the Environmental Affairs Officer to comply shall be transmitted to the owner. Such notice shall set forth the nature of corrections required and the time limit within which corrections shall be completed. Failure to comply with the required corrections within the specified time limit shall be considered a violation of the article, in which case the performance bond or cash or negotiable securities deposit shall be subject to notice of default, in accordance with §
299-9B and
C of this chapter.