To obtain approval for a land disturbing activity as found applicable by the Building Official or his/her designee under Article II, an applicant shall first file an erosion and sediment control plan 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 IV, shall include proposed erosion and sediment control measures to be employed by the applicant or the applicant's agent.
RI freshwater wetlands permit. Where any portion of a proposed
development requires approval under the RI Freshwater Wetlands Act (R.I.G.L.
§ 2-1-15 et seq.), as amended, and where said approval contains
provisions for soil erosion and sediment control, that approved plan shall
be a component of the overall soil erosion and sediment control plan required
hereunder for the development.
The Town of Glocester may collect fair and reasonable fees from each
applicant requesting approval of a soil erosion and sediment control plan
for the purposes of administering this chapter.
Within five working days of the receipt of a completed
plan, the Building Official or his/her designee shall send a copy of the plan
to the review authorities, which may include the Public Works Department,
the Planning Board, or Planning Department and Conservation Commission, for
the purpose of review and comment. The Building Official or his/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
their 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.
The Building Official or his/her designee shall take
action in writing either approving or disapproving this plan with reasons
stated within 10 days after he/she has received the written opinion of the
aforementioned review authorities.
In approving a plan, the Building Official or his/her
designee may attach such conditions as deemed reasonably necessary by the
aforementioned review authorities to further the purpose of this chapter.
Such 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, shrubs, furnishings, necessary
easements, and specifying a method of performing various kinds of work, and
the sequence for timing thereof.
The applicant/owner shall notify the Building Official
or his/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.
Administrative procedures. If the ruling made by the
Building Official or his/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 Zoning Board of Review or other
appropriate board of review, as determined by the Town Council.
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/her designee shall remain in
effect.
Expert opinions. The official or his/her designee, the
Zoning Board of Review or other board of review, may seek technical assistance
on any soil erosion and sediment control plan. Such expert opinion must be
made available in the office of the Building Official or his/her designee
as a public record prior to the appeals hearing.