[HISTORY: Adopted by the Town Council of
the Town of Johnston as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-13-2006 by Ord. No. 2005-28[1]]
[1]
Editor's Note: This chapter superseded former
Ch. 291, Soil Erosion and Sediment Control, adopted 6-14-2004 by Ord.
No. 2004-9.
A.
The Town Council finds that excessive quantities of
soil are eroding from certain areas that are undergoing development
for nonagricultural uses such as housing developments, 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.
This chapter is applicable to any situation involving any disturbance to the terrain, topsoil or vegetative ground cover upon any property within the Town of Johnston after determination of applicability by the Building Official or his or her designee based upon criteria outlined in § 291-3. Compliance with the requirements as described in this chapter shall not be construed to relieve the owner/applicant of any obligations to obtain necessary state or federal permits.
A.
It is unlawful for any person to disturb any existing
vegetation, grades, and contours of land in a manner that may increase
the potential for soil erosion without first applying for a determination
of applicability from the Building Official or his or her designee.
(1)
Upon determination of applicability, the owner/applicant shall submit a soil erosion and sediment control plan for approval by the Building Official or his or her designee, as provided in § 291-4. 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. 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 information deemed appropriate by the Building Official or his or her designee. 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 watercourse, as defined in § 291-13. The current versions of the RIDEM "Stormwater Management Plan Guide," "Rhode Island Stormwater Design and Installation Standards Manual," and "Stormwater Guide for Individual Single-Family Residential Lot Development," as amended, shall be consulted in making this determination.
[Amended 12-12-2011 by Ord. No. 2011-27]
(2)
This chapter shall not apply to existing quarrying
operations actively engaged in excavating rock but shall apply to
sand and gravel extraction operations. This chapter shall apply to
any new quarrying operations.
B.
No determination of applicability is required for
the following:
(1)
Construction, alteration, or use of any additions
to existing single-family or duplex homes or related structures, provided
that the ground coverage of the addition is less than 1,000 square
feet and construction, alteration and use does not occur within 100
feet of any watercourse and the slopes at the site of land disturbance
do not exceed 8%.
(2)
Use of a home garden in association with on-site residential
use.
(3)
Accepted agricultural management practices such as
seasonal tilling and harvest activities associated with property utilized
for private and/or commercial agricultural or silvacultural purposes.
(4)
Excavations for improvements other than those described in Subsection B(1) of this section which exhibit all of the following characteristics:
(5)
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:
(a)
The aggregate area of activity does not exceed
2,000 square feet; and
(b)
The change of elevation does not exceed two
feet at any point; and
(c)
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.
(6)
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 that adequate and acceptable erosion and sediment controls are incorporated, in engineering plans and specifications, and employed. Appropriate controls apply during construction as well as after the completion of these activities. All work shall be undertaken in accordance with the performance principles provided for in § 291-5C and the standards and definitions that may be adopted to implement the performance principles.
A.
Plan.
(1)
To obtain approval for a land-disturbing activity as found applicable by the Building Official or his or her designee under § 291-3, 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 § 291-5, shall include proposed erosion and sediment control measures to be employed by the applicant or the applicant’s agent. Stormwater management plans for projects on individual single-family residential lots that create 600 square feet or more of new impervious surface area shall meet the standards of the "State of Rhode Island Stormwater Management Guidance for Individual Single-Family Residential Lot Development."
[Amended 12-12-2011 by Ord. No. 2011-28]
(2)
Rhode Island Freshwater Wetlands Permit. Where any
portion of a proposed development requires approval under any provision
of the General Laws 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 under this chapter for the development.
B.
Fees. The fees for the soil and erosion control permits
and inspections shall be those fees adopted in the Town of Johnston
Ordinance 2003-6, "An Ordinance Establishing Engineering Operations
in the Town of Johnston."
C.
Plan review.
(1)
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 Board or the Planning Department, for
the purpose of review and comment. The Building Official or his or
her designee may also, within five working days, 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 these review authorities to respond
within 21 days of their receipt of the plan shall be deemed as no
objection to the plan as submitted.
(2)
The time allowed for plan review shall be commensurate
with the proposed development project and shall be done simultaneously
with other reviews.
D.
Plan approval.
(1)
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 review authorities.
(2)
In approving a plan, the Building Official or his
or her designee may attach conditions deemed reasonably necessary
by the 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 of
the work. 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.
E.
Appeals.
(1)
Administrative procedures,
(a)
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 Zoning Board of
Review or other appropriate board of review, as determined by the
Town Council.
(b)
Appeal procedures shall follow current requirements
for appeal to the above-mentioned boards.
(c)
During the period in which the request for appeal
is filed, and until the time that a final decision is rendered on
the appeal, the decision of the Building Official or his or her designee
remains in effect.
(2)
Expert opinion. The official, or his or her designee,
the Zoning Board of Review, or other board of review 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, or a 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 parcels 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 versions of the RIDEM
"Stormwater Management Plan Guide." "Rhode Island Stormwater Design
and Installation Standards Manual," and the "Stormwater Guide for
Individual Single-Family Residential Lot Development," as amended,
and, at a minimum, shall contain:
[Amended 12-12-2011 by Ord. No. 2011-29]
(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 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.
C.
Performance principles. The contents of the erosion
and sediment control plan shall clearly demonstrate how the principles,
outlined in this subsection, 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 created slopes shall be minimized.
(4)
Postdevelopment runoff rates should not exceed predevelopment
rates, consistent with other stormwater requirements that 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 a design and capacity
so as to adequately handle stormwater runoff, including runoff from
tributary upstream areas that 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 or 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 that this section shall not apply to § 291-3A. 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; to protect abutting property from
wind erosion and soil erosion due to increased runoff, sedimentation
of reservoirs, and drainage systems; and to limit the depth of extraction
so as not to interfere with the existing nearby water table.
A.
Performance bond.
(1)
Before approving an erosion and 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 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 Building Official or his or her designee.
(3)
An automatically renewing 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 requirements of this chapter.
B.
Notice of default on performance secured by bond.
(1)
Whenever the Building Official or his or her designee
finds that a default has occurred in the performance of any terms
or conditions of the bond or in the implementation of measures secured
by the bond, written notice 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,
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
means the institution, by 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 are the same as provided for in Subsection B of this section.
D.
Term of bond requirement. 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 in this chapter shall expire
at the end of the time period established 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, stating
the underlying reasons for 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 and sediment control
devices under this chapter shall be the responsibility of the owner.
The erosion and 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 shall notify the
Building Official or his or her designee that all grading, drainage,
erosion and sediment control measures and devices, and vegetation
and ground cover planting have 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 Building Department.
On projects that the Public Works Department is involved in, a copy
of the final summary inspection report shall be placed in the Department
of Public Works' permanent inspections file.
(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 Town Planner 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.
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 to it;
(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.
(1)
In addition, whenever there is a failure to comply
with the provisions of this chapter, the city or Town has 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.
(2)
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 then has 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 Town, and the lien does incur legal interest
from the date of recording.
(3)
The imposition of any penalty shall not exempt the
offender from compliance with the provisions of this chapter, including
revocation of the performance bond or assessment of a lien on the
property by the city or Town.
C.
In addition to any other penalties provided in this
section, the Town is authorized and empowered to provide by local
ordinance for penalties and/or fines of not more than $250 for failure
to submit plans on or before the date on which the plan must be submitted,
as stated in the determination of applicability. Each day that the
plan is not submitted constitutes a separate 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 that would involve disturbance to the natural
terrain as defined in this chapter.
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 includes the resulting conditions.
Any act by which earth, sand, or other material is placed
or moved to a new location above the 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 that includes such
actions as clearance of vegetation, the 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 or 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 regulated
by this chapter. Also 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 shall be used for delineation purposes.
[Adopted 8-9-2011 by Ord. No. 2011-9]
A.
Through this article, the Town seeks to assure that soil erosion control and stormwater runoff control systems are incorporated into site planning at an early stage in the planning and design process. Chapter 291, § 291-14, shall be applicable in any situation involving any disturbance to the natural terrain, topsoil or vegetative ground cover of one acre or more in area upon any property located in the Town of Johnston, including but not limited to:
(2)
Any land-disturbing activities equal to or greater than one acre
in size;
(3)
Any land-disturbing activities which require Rhode Island Department
of Environmental Management permitting;
(4)
Any redevelopment projects with land-disturbing activities greater
than one acre; and
(5)
All projects undertaken by the Town of Johnston through private contractors
or through the Department of Public Works resulting in land-disturbing
activities greater than one acre.
B.
An owner of property may obtain a determination as to the applicability
of this article to his or her property by filing a request with the
Town of Johnston Engineering Department. If the Town Engineer determines
that this chapter applies to a certain parcel of land, the owner must
submit plans as required under the articles set forth herein.
No permit for construction/post-construction site runoff shall
be required for the following activities:
A.
Construction, alteration, or use of any additions to existing single-family
or duplex homes or related structures, provided that the ground coverage
of any addition is less than 1,000 square feet and construction, alteration
and use does not occur within 100 feet of any watercourse and the
slopes at the site of land-disturbance do not exceed 8%.
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 silvacultural purposes.
D.
Excavations or improvements other than those described in Subsection
A(1) of this section 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 activity does not exceed 2,000 square feet;
(2)
The change in 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.
F.
Grading, filling, removal, or excavation activities and operations undertaken by the Town under the direction and supervision of the Department of Public Works for work on streets, roads, or rights-of-ways dedicated to public use, provided that adequate and acceptable erosion and sediment controls are incorporated, in engineering plans and specifications, and employed. Appropriate controls apply during construction as well as after the completion of these activities. All work shall be undertaken in accordance with the performance principles provided for in § 291-5C and the standards and definitions that may be adopted to implement the performance principles.
G.
Any emergency activity that is immediately necessary for the protection
of life, property, or natural resources.
A.
Unless expressly excluded by this article, any landowner or operator
desiring to perform a land-disturbance activity applicable to this
article shall submit to the Town of Johnston Engineering Department
a stormwater management permit application on the form provided by
said office for that purpose.
B.
Unless otherwise exempted by this article, a stormwater management
permit application must be accompanied by the following for the permit
application to be considered:
(1)
Construction plan set designed by a professional engineer registered
in the State of Rhode Island;
(2)
Stormwater management report prepared by a professional engineer
registered in the State of Rhode Island;
(3)
Best management practices maintenance agreement forms;
(5)
All required RIDEM and/or RIDOT permits as applicable.
A.
Any owner of property may obtain a determination as to the applicability
of this article to his or her property by filing a request thereof
with the Town of Johnston Engineering Department. If the Town Engineer
determines that this chapter applies to the subject parcel of land,
the owner must submit plans as required herein.
B.
Application. The applicant shall first file a stormwater management permit application with the Town of Johnston Engineering Department signed by the property owner, or authorized agent, on which the work subject to approval is to be performed. The application shall include the information required in § 291-16B.
C.
Meetings with Town Engineer. All applicants are encouraged to hold
a presubmittal consultation meeting with the Town Engineer to discuss
potential approaches for stormwater design and opportunities to use
design techniques to reduce runoff rates, volumes and pollutant loads.
In addition, the applicant or his representatives shall meet on site
with a designee of the Town Engineer's office prior to development
of the stormwater management plan for the purpose of verifying the
conditions of the site and all receiving channels.
E.
Plan review. The submission shall be reviewed by the Town Engineer
or his/her designee.
A.
The design plans shall be separated into two sections. The first
section shall be a dynamic construction site runoff plan which details
soil erosion and stormwater controls throughout the construction of
the project. The second section of the plans shall detail the final
build-out of the project. The plans and calculations shall be prepared
by a professional engineer registered in the State of Rhode Island
and conform to the current standards and requirements of the RIDEM,
including Performance Principles for Construction Site Runoff and
Performance Principles for Project Build-Out.
B.
Construction plan sets, the construction site runoff report and the
stormwater management report shall be prepared in accordance with
the latest revision of the Rhode Island Stormwater Design and Installation
Manual, the Rhode Island Soil Erosion and Sediment Control Handbook,
as amended, and the Soil Loss Equation, by a professional engineer
registered in the State of Rhode Island.
C.
The design plans shall incorporate two phases, one which illustrates
the control of erosion and stormwater management during the construction
phase and a second phase which details the final erosion and stormwater
management controls.
D.
Construction phase. The construction of the sitework phase shall
be designed using the Revised Universal Soil Loss Equation (RUSLE)
with the following BMP guidelines to control stormwater runoff, groundwater
and soil erosion during construction:
(1)
Topographic mapping with elevations in NAVD88 showing existing contours
at intervals of not more than two feet and contours of the finished
grade of all disturbed land area(s) at the conclusion of the construction
and/or land disturbance activities;
(2)
Select a route where erosion will not be a serious problem;
(3)
Design slopes with flat side slopes, rounded and blended with natural
terrain;
(4)
Reduce the area of unprotected soil exposure;
(5)
Reduce the duration of unprotected soil exposure;
(6)
Protect soil with vegetative cover, mulch, or erosion resistant material;
(7)
Retard runoff with planned engineering works;
(8)
Trap sediment using temporary barrier, basins, dikes, berms, and
other protective devices as applicable;
(9)
Maintain erosion control work, both during and after construction;
(10)
Design drainage channels with due regard to width, depth, slopes,
alignment, and protective treatment;
(11)
Provide protection at culvert outlets; and
(12)
Design property facilities for groundwater interception.
E.
Build-out phase. The build-out plans for the final erosion and stormwater
controls shall incorporate the following BMP guidelines at a minimum
in addition to those stated herein:
A.
The Town of Johnston Engineer will review each application submitted
and within 14 days of receipt thereof will notify the applicant listed
on the application form that the application has been certified complete
or incomplete.
B.
Any application determined to be incomplete will require additional
information or revisions to the application as requested by the Town
Engineer within the review period noted above. Submittal of such other
information deemed necessary by the Town Engineer may extend the time
limited for a determination by the Town Engineer beyond the 14 days
noted above.
C.
The Town Engineer shall only certify an application complete, in
writing, upon a determination that it complies with all applicable
state and local rules, regulations and/or ordinances for erosion and
sediment control and construction site runoff. Applications that are
certified complete are not yet considered approved, and the Town Engineer
is not authorizing any work on the subject parcel(s) of land.
D.
The applicant shall submit three copies of each for the construction
phasing plan, the stormwater management plan, and the maintenance
agreement(s) to the Town of Johnston Engineering Department within
30 days of receipt of the certification of completeness letter from
the Town Engineer.
E.
The Town Engineer will render a decision within 45 days of receipt
of the application package.
F.
Approval. In approving a plan, the Town Engineer may attach such
conditions as are reasonably necessary to further the purposes of
this chapter. Such conditions pertaining to erosion, sediment control,
and stormwater management measures and/or devices may include, but
are not limited to, the erection of walls, drains, dams and structures,
planting vegetation, trees, shrubs, best management practices, furnishing
necessary easements, and specifying a method of performing various
kinds of work, and the sequence, phasing and/or timing thereof.
G.
Disapproval. The Town Engineer may disapprove of an application in
writing specifically stating the reason(s) for disapproval. An application
may also be disapproved by the Building Official upon finding that
the applicant or affiliate of the applicant:
(1)
Is conducting or has conducted land-disturbing activity without approval
or has received a notice of violation for land-disturbing activities
previously approved by the Town Engineer and has not complied with
the notice within the time period specified in the notice of violation;
(2)
Has failed to pay the required review fee or performance bond(s);
(3)
Has failed to substantially comply with state rules or local ordinances
and regulations adopted pursuant to the ordinance; and
(4)
For the purposes of this subsection, an applicant's record may
be considered for only the two consecutive years prior to the application
date.
H.
Expiration. Approved applications shall expire within one year from
the date of the written approval from the Town Engineer unless an
extension is requested in writing and approved prior to the one-year
expiration date.
A.
The Town Engineer may require bonds in such form and amounts as may
be deemed necessary to assure that the work shall be completed in
accordance with the permit or that the land be restored to an acceptable
state. Bonds, if required, shall be furnished by the property owner
or other person or agent in control of the property. In lieu of a
surety bond, the applicant may file a cash bond or instrument of credit
with the Town Engineer in an amount equal to that which would be required
in the surety bond. The amount of such bond shall not exceed the estimated
cost of the total restoration work planned.
B.
Bond estimates less than $10,000 shall be filed as a cash bond.
C.
Bonds shall remain valid for one year from the date of project completion.
A.
If, at any stage, the work in progress and/or completed work under
the terms of an approved plan does not confirm 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 property owner.
(1)
Notice. The notice shall state the nature of the temporary and permanent
corrections required and the time limit within which corrections shall
be completed.
(2)
Failure to comply with the required corrections, as noticed, and
within the specified time limit is considered a violation of this
article, in which case the performance bond or cash or negotiable
securities deposit is subject to notice of default.
B.
Revocation or suspension of approval. The approval of a plan under
this article may be revoked or suspended by the Building Official
and all work on the project halted for an indefinite period of time
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 or the approved plan or specification
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
the 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.
A.
Corrective measures. In addition, whenever there is a failure to
comply with the provision of this chapter, the Town has the right
to notify the applicant/owner that he/she has five days from receipt
of the notice to temporarily correct the violations and 30 days from
receipt of the notice to permanently correct the violations.
B.
Liens. 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 then has the right to take
whatever actions it deems necessary to correct the violations and
to assess a lien on the subject property in an amount equal to the
costs of any such 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 within the
Town of Johnston land evidence records, and the lien does not incur
legal interest from the date of recording.
C.
No exemption from other provisions. The imposition of any penalty
shall not exempt the violator from compliance with the provisions
of this chapter.
D.
Fines. In addition to any other penalties provided herein, the Town
may assess penalties and/or fines of not more than $250 for failure
to submit plans on or before the date on which the plan must be submitted,
as stated in the determination of applicability. Each day the plan
is not submitted constitutes a separate offense.
