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/her designee. Upon determination of applicability, the owner/applicant shall submit a soil erosion and sediment control plan for approval by the Building Official or his/her designee, as provided in Article III. 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/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 Official or his/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/her designee. A particular land disturbing activity shall not be subject to the requirements of this chapter if the Building Official or his/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. The current "Rhode Island Soil Erosion and Sediment Control Handbook," US Department of Agriculture Soil Conservation Service, RI Department of Environmental Management, and RI State Conservation Committee shall be consulted in making this determination.
No determination of applicability shall be required for the following:
A. 
This chapter shall not apply to existing quarrying operations actively engaged in excavating rock, but shall apply to sand and gravel extraction operations.
B. 
Construction, alteration or use of any additions to existing single-family or duplex homes or related structures, provided the ground 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%.
C. 
Use of a home garden in association with on-site residential use.
D. 
Accepted agricultural management practices such as seasonal tilling and harvest activities associated with property utilized for private and/or commercial agricultural or silvicultural purposes, notwithstanding other applicable Town and state regulations.
E. 
Excavations for improvements other than those described in Subsection A above which exhibit all of the following characteristics:
(1) 
Do not result in a total displacement of more than 50 cubic yards of material;
(2) 
Have no slopes steeper than 10 feet vertical and 100 feet horizontal or approximately 10%; and
(3) 
Have all disturbed surface areas promptly and effectively protected to prevent soil erosion and sedimentation.
F. 
Grading, as a maintenance measure, or for landscaping purposes on existing developed land and 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 of the area(s) of such activity does not exceed 2,000 square feet; and
(2) 
The change of elevation does not exceed two feet at any point; and
(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.
(4) 
Loggers return tracks to their original condition and to original grade.
G. 
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, and rights-of-way dedicated to public use; provided, however, that adequate and acceptable erosion and sediment controls are employed. Appropriate controls shall apply during construction as well as after the completion of such activities. All such work shall be undertaken in accordance with the performance principals provided for in Article IV, § 177-12, and standards and definitions as may be adopted to implement said performance principles.