TITLE 15 BUILDINGS AND CONSTRUCTION

 

15.02               Temporary residences.

15.06               Soil erosion and sediment control.

15.04               Repealed.

15.08               Repealed.

15.10               Protection of historical cemeteries.

15.12               Repealed.

15.16               Earth removal.

15.20               Street names and numbers.

 

 

Chapter 15.02 TEMPORARY RESIDENCES

 

15.02.010        Definitions.

15.02.020        Temporary residence permitted.

15.02.030        Permit required.

15.02.040        Building permit required.

15.02.050        Disposal of wastewater.

15.02.060        Distance from property lines.

15.02.070        Recreational vehicles prohibited in flood hazard overlay district.

 

15.020.010  Definitions.  As used in this Chapter, the following terms shall have the following meanings.

 

A.  “Recreational vehicle” means a vehicle that satisfies all of the following requirements:

1.   It is motorized or is mounted on, or towed by, another vehicle.

2.   It has a toilet, a tub or shower, facilities for sleeping and cooking, and separate holding tanks for wastewater from toilets, wastewater from sinks and showers, and drinking water.

3.  It was manufactured in compliance with American National Standards Institute construction standards and National Fire Protection Association standards applicable to the type of recreational vehicle.

4.   It is designed as temporary living quarters for recreational use.

 

B.   “Mobile or manufactured home” means a detached residential unit designed for long-term occupancy that satisfies all of the following requirements:

1.  It It can be transported on permanent wheels, detachable wheels, or a trailer.

2.  It has a toilet, a tub or shower, facilities for sleeping and cooking, and plumbing and electrical systems that can be connected to exterior plumbing and electrical facilities.

3.   It was manufactured in compliance with American National Standards Institute construction standards and National Fire Protection Association standards, or U.S. Department of Housing and Urban Development construction standards, applicable to the type of unit.

4.  It is designed to be placed on a pad or piers or tied down at the site where it will be occupied as a residence.

(Ord. dated 11-5-18)

 

15.02.020  Temporary residence permitted.  When a single-family dwelling is rendered uninhabitable because of casualty such as fire or flood, or when a property owner is constructing a new single-family dwelling, the property owner is permitted to locate a mobile or manufactured home or a recreational vehicle on the same lot for temporary residential use by his immediate family while the damaged building is rebuilt or repaired or the new building is constructed. The mobile or manufactured home or recreational vehicle may remain on the lot no longer than twelve (12) months.

(Ord. dated 12-6-05; Ord. dated 12-1-09; Ord. dated 11-5-18)

 

15.02.030  Permit required.  No property owner shall temporarily locate a mobile home or manufactured home or a recreational vehicle on his or her property without a permit from the  department of building and zoning. Application for such a permit shall be made to the town planner in his capacity as the administrative officer. The permit fee is in chapter 3.06 of this Code.

(Ord. dated 12-6-05; Ord. dated 11-5-18; Ord. dated 9-3-19)

 

15.02.040  Building permit required.  A property owner who is issued a permit under this Chapter must obtain a building permit for the construction or repair of the permanent residence on the lot no later than sixty (60) days after the day the temporary residence permit is issued. If a mobile or manufactured home is to be located on the lot, the property owner must obtain a building permit for installation of the mobile or manufactured home within fourteen (14) days of the day it is delivered to the site.

(Ord. dated 12-6-05; Ord. dated 11-5-18; Ord. dated 9-3-19)

 

15.02.050  Disposal of wastewater.  Wastewater from toilets, sinks, tubs, and showers in the temporary residence must be disposed of in compliance with R. I. department of environmental management regulations and R. I. department of health regulations.

(Ord. dated 11-5-18)

 

15.02.060  Distance from property lines.  The recreational vehicle or mobile or manufactured home must be located at least ten feet from all lot lines.

(Ord. dated 11-5-18)

 

15.02.070  Recreational vehicles prohibited in flood hazard overlay district.  Use of a recreational vehicle as a temporary residence in the Flood Hazard Overlay District, as delineated in Chapter 18.44 of the Zoning Ordinance, is prohibited.

(Ord. dated 11-5-18)

 

REFERENCES

 R.I. Gen. Laws § 45-24-37(c).

 

Chapter 15.06 SOIL EROSION AND SEDIMENT CONTROL

 

15.06.010        Purpose.

15.06.020        Definitions.

15.06.030        Applicability.

15.06.040        Soil erosion and sediment control plan required.

15.06.050        Maintenance.

15.06.060        Enforcement.

           

15.06.010  Purpose.  Soil erosion and sedimentation caused by construction and development result in damage to property and damage to the natural features of the town and pollute streams and water bodies. The purpose of this chapter is to protect the public health, safety and welfare by requiring management of construction waste and water and protection of soil surfaces during and after construction. This chapter is enacted pursuant to the authority granted in title 45, chapter 46 of the general laws.

(Ord. dated 12-1-09)

 

15.06.020  Definitions.  The following words and phrases used in this Chapter shall have the following meanings:

Applicant – The person or entity proposing development that would involve land disturbing activity. When the person or entity proposing the development is not the property owner, the property owner also shall be an applicant.

Erosion – The displacement of mineral and organic material by the action of wind, water, or gravity.

Land-disturbing activity – Land development that involves removing or disturbing vegetation, changing grades or contours of land, or moving or removing earth, sand, gravel, or minerals.

Runoff – Rain or other water that is not absorbed by the soil but instead runs along the surface of the land.

Sediment – Organic or mineral solid material that is in suspension, is being transported, or has been moved from its original location by wind, water, or gravity as a result of erosion.

Soil erosion and sediment control – Temporary and permanent measures, features, or structures that control soil erosion and sediment and prevent pollution of stormwater during and after construction.

Storm water pollution prevention plan (SWPPP) – A plan approved by the department of environmental management for receipt of a general permit for storm water discharge associated with construction activity. 

Water body – Any freshwater wetland, river, stream, brook, pond, lake, swamp, marsh bog, fen, wet meadow, or any other standing or flowing body of water. The edge of the water body shall be used for delineation purposes.

(Ord. dated 12-1-09)

 

15.06.030  Applicability.

A.  The planning board shall approve a soil erosion and sedimentation control plan for every land development project, every subdivision, and every development plan within its authority according to the provisions of the applicable ordinance or regulation. This Chapter shall not apply to development for which the planning board approves a soil erosion and sedimentation control plan.

 

B.  The following activities are exempt from the requirements of this chapter:

1.   Construction for which a storm water pollution prevention plan (SWPPP) has been approved by the R.I. department of environmental management.

2.   Construction of an addition or renovation of an existing single-family or two-family house or accessory structure, or construction, repair or replacement of an on-site wastewater treatment system, provided that:

(a)  the area of disturbance is smaller than five thousand (5,000) square feet, and

(b)  the construction is not within two hundred (200) feet of a water body, and

(c)  slopes at the construction site are not more than ten percent (10%).

3.   Construction or use of a home garden.

4.   Private or commercial agricultural or silvacultural activities including but not limited to seasonal tilling or harvesting. Raising of animals is not an agricultural activity for the purposes of this Chapter.

5.   Any other excavation:

(a)  that does not result in displacement of more than a total of fifty (50) cubic yards of material, and

(b)  that does not take place on land with a slope of more than ten percent (10%), and

(c)  in which all disturbed surfaces are immediately seeded, sodded or otherwise protected from erosion.

6.   Any grading for landscaping or maintenance on land already developed, provided that:

(a)  the total area graded is five thousand (5,000) square feet or less, and

(b)  the change made to the grade is not more than two (2) feet at any point, and

(c)  all disturbed surfaces are immediately seeded, sodded or otherwise protected from erosion.

7.   Construction of a structure on a lot or site in a subdivision or land development project where temporary measures to control soil erosion and sediment during construction are still in place and are adequate at the site of the structure.

8.   Grading, filling, or excavation on town-owned streets or other town property by the department of public works under the direction and supervision of the director, provided that adequate erosion and sediment controls are used.

(Ord. dated 12-1-09)

 

15.06.040  Soil erosion and sediment control plan required.

A.  For every land disturbing activity not listed in section 15.06.030, an applicant for a building permit shall submit to the building official, with the building permit application, a plan for temporary soil erosion and sediment control prepared and signed by a professional engineer registered in Rhode Island, a landscape architect registered in Rhode Island, or an erosion, sediment and storm water inspector or a professional in storm water quality certified by Certified Professional in Erosion and Sediment Control, Inc. The plan shall be consistent with the most recent edition of the R.I. soil erosion and sediment control handbook and the R.I. stormwater design and installation standards manual.

 

B.  If permanent post-construction soil erosion and sediment control measures are necessary to retain all runoff on the lot, the applicant also shall submit a plan for permanent soil erosion and sediment control prepared and signed by a registered professional engineer.

 

C.  With the approval of the building official, the soil erosion and sediment control plan may be incorporated into the plot plan. 

 

D.  Temporary soil erosion and sediment control measures required by the plans submitted shall be installed before any land disturbing activity begins.

(Ord. dated 12-1-09)

 

15.06.050  Maintenance.

A.  The temporary soil erosion and sediment control measures shall remain in place during the entire period that construction and development take place. The applicant shall be responsible for insuring that they remain in working order.

 

B.  Construction and placement of soil erosion and sediment control measures shall not relieve any property owner of responsibility for damage caused by stormwater runoff, nor shall it impose any liability on the town for damage caused by stormwater runoff.

(Ord. dated 12-1-09)

 

15.06.060  Enforcement.

A.  If the building official determines that the applicant has started land disturbing activity without submitting a soil erosion and sediment control plan, or has failed to install, construct or maintain all of the temporary and permanent measures required by the soil erosion and sediment control plans submitted, the building official shall notify the applicant of the violation in writing by regular mail and by certified mail, return receipt requested. The violation notice shall state the precise nature of the violation and the measures necessary to correct it, and shall state the number of days within which the violation must be corrected. An applicant shall have at least ten (10) days to correct a violation.

 

B.  If an applicant who has been notified of a violation fails to correct it within the time required by the notice, the town may undertake one or both of the following enforcement actions:

1.   The building official or the department of public works may construct or cause to be constructed any facility, measure, or feature required by the approved plan, and shall record a lien on the property in the land evidence records to ensure reimbursement to the town for the cost of the work.

2.   The town solicitor may commence an action in the district court to prosecute the ordinance violation. The penalty for violation of this chapter or any condition imposed under the authority of this Chapter shall be not more than $500 (five hundred dollars) for each offense. Each day of violation shall constitute a separate offense.

(Ord. dated 12-1-09)

 

REFERENCES

Title 45, chapter 46 of the general laws; R.I. Gen. Laws § 23-27.3-113.6.

 

Chapter 15.10 PROTECTION OF HISTORICAL CEMETERIES

 

15.10.010        Definitions.

15.10.020        Excavation within twenty-five feet of a historical cemetery.

15.10.030        Determination that adjacent excavation will not damage a historic cemetery.

15.10.040        Permit to alter or remove a historical cemetery.

15.10.050        Decision on application to alter or remove historical cemetery.

15.10.060        Discovery of human skeletal remains.

15.10.070        Register of historical cemeteries.

 

15.10.010  Definitions. 

A.  Historical cemetery.  A historical cemetery is a tract of land that has been used as a burial place for more than one hundred years, whether or not the cemetery is identified by a historic marker. Ancient burial places known or suspected to contain the remains of Native Americans are historical cemeteries.

 

B.  Recorded historical cemetery.  A historical cemetery is recorded if its location is registered in the town clerk’s office and shown on a tax assessor’s plat map, or if it is identified in the on-line cemetery database maintained by the state historical cemetery commission (http://rihistoriccemeteries.org/). 

(Ord. dated 5-07-19)

 

15.10.020  Excavation within twenty-five feet of a historical cemetery.

A.  No construction, excavation, or other ground-disturbing activity shall take place within twenty-five feet of a recorded historical cemetery unless the building official or zoning enforcement officer determines that all of the following criteria are satisfied:

1.   The boundaries of the cemetery are adequately documented.

2.   There is no reason to believe additional graves exist outside the cemetery.

3.   The proposed construction or ground-disturbing activity will not damage the cemetery.

4.   The proposed construction or ground-disturbing activity will not cause erosion, flooding, filling or encroachment that would alter or destroy any part of the cemetery.

(Ord. dated 5-07-19)

 

15.10.030  Determination that adjacent excavation will not damage a historic cemetery.

A. The building official or the zoning enforcement officer shall have the authority to determine whether a historical cemetery satisfies the criteria in Section 15.10.020(A) using one or more of the following methods:

1.   Conformation that the cemetery is shown on the tax assessor’s plat map.

2.   Consultation of the on-line cemetery database maintained by the state historical cemetery commission (http://rihistoriccemeteries.org/). 

3.   Examination of the cemetery in the field to determine whether its boundaries can be reasonably identified by the presence of a fence, a stone wall, a retaining wall, or otherwise.

4.   Examination of the cemetery in the field to determine whether it is sufficiently elevated from surrounding property to prevent erosion or flooding of the cemetery.

 

B.  If the building official or zoning enforcement officer determines that the criteria in Section 15.10.020(A) are satisfied, he or she shall issue a written determination confirming that construction, excavation, or other ground-disturbing activity may take place closer than twenty-five feet to the cemetery. The building official or zoning enforcement officer shall have the authority to place any conditions on the proposed construction, excavation, or other ground-disturbing activity necessary to protect the cemetery from damage or disturbance.

 

C.  If the building official or zoning enforcement officer determines that the criteria in Section 15.10.010(A) are not satisfied, the proposed construction, excavation, or ground-disturbing activity within twenty-five feet of the cemetery shall not take place unless the town council issues a permit pursuant to Sections 15.10.040 and 15.10.050 of this Chapter. 

(Ord. dated 5-07-19)

 

15.10.040  Permit to alter or remove a historical cemetery. The town council shall have the authority to issue a permit allowing alteration or removal of a historical cemetery or disturbance of the ground within twenty-five feet of a historical cemetery. The procedure for issuing the permit shall be as follows:

 

A.  A person who wishes to alter a historical cemetery, move a historical cemetery or any part of a historical cemetery to another location, or disturb the ground within twenty-five feet of a historical cemetery, shall address correspondence to the town council requesting a permit. The correspondence shall include:

1.   The name and address of the applicant and the name and address of the owner of the property where the cemetery is located.

2.  A site plan stamped and signed by a registered land surveyor, prepared at a scale no smaller than 1 inch = 40 feet, showing the location of the cemetery, the location of individual burials, the boundaries of the cemetery, and all structures and easements within twenty-five feet of the cemetery boundaries. 

3.  The names of the individuals interred in the cemetery, if known, the names and addresses of descendants of the deceased, if known, and any other information that would assist in alerting descendants of the deceased.

4.   A narrative explaining the reason for alteration or removal of the cemetery, the alternatives to alteration or removal that the applicant has examined, and the reason there is no prudent or feasible alternative to the proposed alteration or removal.

 

B.  A permit to alter or remove a historical cemetery or disturb the ground within twenty-five feet of a historical cemetery shall be issued only after a public hearing. The date and time of the public hearing shall be advertised in a newspaper of general circulation in Rhode Island for three consecutive weeks before the date of the public hearing, with the final advertisement appearing at least six days before the date of the public hearing. The advertisement shall be a display advertisement with text at least as large as the text used for newspaper articles. The advertisement shall include the surnames of individuals interred in the cemetery, if known, and any other information that would assist in alerting the descendants of the individuals interred. The applicant shall pay for the advertisement. The town clerk shall transmit a copy of the advertisement to the state historical cemetery commission and to the state historical preservation and heritage commission.

 

C.  The town clerk shall arrange for a stenographer to record the public hearing. The applicant shall pay for the stenographer. If the applicant appeals the Town Council decision to the Superior Court, the applicant shall order and pay for a transcript of the public hearing.

(Ord. dated 5-07-19)

 

15.10.050  Decision on application to alter or remove historical cemetery.

A.  At the public hearing, the town council shall first determine whether the boundaries of the cemetery are in doubt and, if so, shall require the applicant to conduct an archaeological investigation to determine the boundaries of the cemetery. The applicant shall pay for the  archaeological investigation. The town council may continue the public hearing to a date certain or deny the application without prejudice while the archaeological investigation is undertaken.

 

B. The permit may be granted if the town council finds that:

1.   The cemetery boundaries are adequately documented, and

2.   There is no prudent or feasible alternative to alteration or removal of the cemetery, and

3.   Descendants of the individuals interred have had an opportunity to express objections or concerns.

 

C.  If a permit is granted to alter the cemetery or disturb the land within twenty-five feet of the cemetery, the town council shall require that the work take place under the supervision of an archaeologist. The town council shall have the authority to place any conditions or restrictions on the alteration or land disturbance that are necessary to safeguard the integrity of the burials and maintain the historical character of the cemetery.  

 

D.  If a permit is granted for removal of all or part of a historical cemetery, the removal shall take place under the supervision of an archaeologist and in conformity with standards and regulations adopted by the state historical preservation and heritage commission. The town council shall have the authority to place any conditions or restrictions on the removal that are necessary to safeguard the integrity of the burials. If a grave with a headstone is removed, the headstone shall be erected at the new burial site. A detailed report of any grave removal and relocation shall be filed in the town clerk’s office.

 

E.  Any person aggrieved by the town council’s decision shall have the right to appeal the decision to the Washington County Superior Court, and the right to appeal the Superior Court decision to the Supreme Court by petition for a writ of certiorari.

(Ord. dated 5-07-19)

 

15.10.060  Discovery of human skeletal remains.  If unmarked graves or human skeletal remains are discovered during construction, excavation, or other ground-disturbing activity, the applicant shall immediately notify the building official or zoning enforcement officer. The building official or zoning enforcement officer shall notify the state medical examiner and the state historical preservation and heritage commission. The applicant shall conduct an archaeological investigation to determine the boundaries of the cemetery, and shall suspend all construction, excavation, or other ground-disturbing activity until the investigation is complete.

(Ord. dated 5-07-19)

 

15.10.070  Register of historical cemeteries.  The town clerk shall maintain a register of all historical cemeteries in Richmond, including any discovered as a result of an archaeological investigation. The tax assessor shall note the location of each registered historical cemetery on the appropriate tax assessor's map with a symbol consisting of the letters "CEM" inside a rectangle.   

(Ord. dated 5-07-19)

 

REFERENCES

Title 23, chapters 10.1, 11, 11.1, and 11.2 of the general laws; R.I. Gen. Laws § 23-18-1(5).

 

Chapter 15.16 EARTH REMOVAL

 

15.16.010        Definitions.

15.16.020        Permit required – Fee.

15.16.030        Documents to be submitted before permit approval.

15.16.040        Hours of operation.

15.16.050        Setback requirements.

15.16.060        Fencing requirements.

15.16.070        Road surfacing requirements.

15.16.080        Drainage requirements.

15.16.090        Effective date – Applicability.

15.16.100        Compliance when property was acquired before effective date.

15.16.110        Municipal compliance.

15.16.120        Exceptions.

15.16.130        Appeals.

15.16.140        License revocation.

15.16.150        Violation – Penalty.

15. l6.160        Town’s rights.

15.16.170        Chapter provisions not exclusive.

 

15.16.010  Definitions.  Whenever used in this Chapter, the following words shall have the following meanings:

 

A.  Building inspector means the person charged by the town with the issuance of building permits.

 

B.  Earth removal means the extraction or removal of any sand, gravel, loam, topsoil, stone, clay or shale from deposits on any tract of land, excluding however, extracting, removing, digging, mining or quarrying of limestone, limerock or granite, and excluding operations of a sand and gravel plant in operation upon the effective date of the ordinance codified in this Chapter and the immediately surrounding twenty industrial-zoned acres of land upon which the sand and gravel plant is located, and excluding also earth removal involved in the process of grading land:

1.  For the construction of a building for which a building permit has been issued;

2.  For the construction of a roadway; or

3.  For a subdivision in accordance with the subdivision regulations of the town.

 

C.  Residential use means any zone in which no use save dwellings, including multifamily dwellings, is permitted without first obtaining a variance or special exception from the zoning board of review.

 

D.  Zoning board of review means the zoning board of review of the town.

(Ord. dated 10-31-78, § 1)

 

15.16.020  Permit required – Fee.  As a condition precedent to any earth removal as defined in section 15.16.010B, this Chapter shall require a permit to be issued by the building inspector upon the submission of the documents required by section 15.16.030, of his approval thereof, and the payment of a permit fee of twenty-five dollars.

(Ord. dated 10-31-78, § 4)

 

15.16.030  Documents to be submitted before permit approval.

A.  Before the issuance of a permit by the building inspector as provided in section 15.16.020, the following are required for submission to the building inspector and his approval thereof:

1.   A plan prepared by a registered engineer in compliance with the provisions of this chapter and setting forth the existing contours of the tract of land, and based upon classifications of preliminary samples of the material to be removed:  (a) the final contours of the tract of land upon completion of earth removal operations; and (b) the type of ground cover to be planted or applied upon completion of earth removal operations to effectively control wind and water erosion; provided, however, if suitable fertile ground cover existed at the beginning of earth removal, enough of the ground cover is to be held in reserve and re-applied for a minimum thickness of three inches;

2.   An opinion of a registered engineer that upon completion of earth removal operations all slopes of the tract as set forth in the plan referred to in subsection A.l. of this section shall remain at the natural angle of repose; and

3.   A bond not to exceed one hundred dollars for each acre of the tract of land to insure compliance with the requirements of this section.

 

B.  If the plan set forth in this section is not complied with, the town is authorized and empowered to undertake and complete such plan and the owner of the tract of land shall reimburse the town for its necessary expenses in connection therewith, and the town shall have a lien on the tract of land for such expenses.

(Ord. dated 10-31-78, § 3)

 

15.16.040  Hours of operation.  Hours of earth removal operations shall be as follows: Monday through Saturday, 7:00 a.m. to 6:00 p.m.; provided, however, that no such restrictions shall be imposed for the period between 7:00 a.m. and 6:00 p.m. of any Monday, Tuesday, Wednesday, Thursday, Friday or Saturday, except a legal holiday, and that earth removal on Sunday and on any legal holiday or for hours prior to 7:00 a.m. or after 6:00 p.m. may be authorized on special exception issued by the building inspector.

(Ord. dated 10-31-78, § 2(A))

 

15.16.050  Setback requirements.  The initiation or lateral expansion of earth removal within a distance of one hundred feet of the boundary of the tract of land upon which earth removal is to be carried on adjacent to residential use property, or within one hundred fifty feet of any dwelling is prohibited. 

(Ord. dated 10-31-78, § 2(B))

 

15.16.060  Fencing requirements.  It is required to fence those portions of the boundary of the tract of land upon which earth removal is being conducted adjacent to developed residential property, such fencing to be five feet in height and effective to control access to the area in

which such earth removal is being conducted.

(Ord. dated 10-31-78, § 2(0)

 

15.16.070  Road surfacing requirements.  Calcium chloride or oil must be applied to non-hardsurfaced road to be used for vehicular ingress or egress to the tract of land, and to the regularly traveled roads within the tract of land on which earth removal is to be conducted.

(Ord. dated 10-31-78, § 2 (D))

 

15.16.080  Drainage requirements.  Adequate drainage must be provided to prevent the permanent collection and stagnation of surface or underground waters, and to prevent the flooding and erosion of surrounding property.

(Ord. dated 10-31-78, § 2 (E))

 

15.16.090  Effective date – Applicability.  The provisions of this Chapter shall not apply to earth removal being conducted on the date of its enactment on any tract of land within the town until sixty days after the enactment of said ordinance; and further, this Chapter shall provide that upon submission to the building inspector of the plan and all other material as required under sections 15.16.020 and 15.16.030, except that no such plan need set forth existing contours for that portion of any tract of land on which earth removal has been completed on the effective date of the ordinance codified herein, the building inspector shall issue a permit for the continuance of earth removal on any such tract of land.

(Ord. dated 10-31-78, § 9)

 

15.16.100  Compliance when property was acquired before effective date.  Real property acquired or leased prior to the effective date of the ordinance codified in this Chapter

for the purpose of earth removal, and held for such purpose on the date of enactment of said ordinance, shall be considered for use for earth removal whether or not extraction has been actually commenced, and a permit for earth removal on such property shall be issued pursuant to section 15.16.020 upon compliance with the provisions of sections 15.16.020 and 15.16.030, and subject to any ordinance enacted as provided in section 15.16.030. In order for real property to qualify hereunder, the following conditions shall be considered as conclusive evidence that such real property was acquired or leased and held for the purpose of later mineral extraction:

 

A.  Such real property was acquired or leased prior to the effective date of the ordinance codified in this Chapter;

 

B.  Such real property was acquired or leased by an individual, corporated or otherwise, engaged at the time of acquisition in the business of mineral extraction;

 

C.  Such real property, or the substantial portion of such property, has not been permanently developed for any residential, commercial (other than farm or agricultural) or industrial purpose;

 

D.  Such real property contains mineral deposits of a demonstrable economic value; and

 

E.  Provided, however, that if the owner or lessee of any such tract of land files in the office of the clerk of the town, as the case may be, on or before December 31, 1978, a statement setting forth his intention to engage in earth removal on the tract of land, then such tract of land shall be deemed to qualify under this section, and as to any tract of land for which such intention is not so filed, then the provisions of this section shall have no force and effect.

(Ord. dated 10-31-78, § 10)

 

15.16.110  Municipal compliance.  If the town engages in earth removal for municipal purposes, it shall substantially comply with the provisions of this Chapter.

(Ord. dated 10-31-78, § 12)

 


15.16.120  Exceptions.  Upon special application and after showing that the literal enforcement of this chapter will work a hardship, the zoning board of review may grant an exception to any terms of this Chapter upon a finding that such exception will not result in a substantial depreciation of surrounding property.

(Ord. dated 10-31-73, § 5)

 

15.16.130  Appeals.  Appeals from the decisions of the building inspector to the zoning board of review shall be taken in the same manner as other appeals to the zoning board and the procedure as to notice and hearing shall be the same insofar as the same are consistent herewith.

(Ord. dated 10-31-78, § 6)

 

15.16.140  License revocation.  After notice and hearing, the zoning board of review may revoke any license issued under the authority of this Chapter for any violations of any of the provisions of this Chapter.

(Ord. dated 10-31-78, § 7)

 

15.16.150  Violation – Penalty.  Violations of any of the provisions of this Chapter are punishable by a fine not exceeding one hundred dollars for each offense, with each day that a violation exists being a separate offense, such fine to inure to the town.

(Ord. dated 10-31-78, § 8(a) )

 

15.16.160  Town’s rights.  The town reserves the right to bring suit, to restrain violation of, or compel compliance with the provisions of this Chapter.

(Ord. dated 10-31-78, § 8(b))

 

15.16.170  Chapter provisions not exclusive.  This act shall not be deemed to limit, by implementation or otherwise, any ordinance enacted pursuant to title 45, chapter 34 of the general laws of 1956, as amended.

(Ord. dated 10-31-78, § 13)

 

Chapter 15.20 STREET NAMES AND NUMBERS

 

15.20.010        Purpose.

15.20.020        Administration.

15.20.030        Numbering system.

15.20.040        Street names.

15.20.050        Street signs.

           

15.20.010  Purpose.  This Chapter is intended to enable police, fire, rescue, and other emergency personnel to quickly locate streets and buildings.

(Ord. dated 7-21-86 (part); Ord. dated 12-6-05)

 

15.20.020  Administration. 

A.  The planning department shall maintain the following documents:

1.   An official map of the town showing street names and street numbers;

2.   An alphabetical list of property owners by last name, showing addresses by street, street number, and unit letter.

3.   An alphabetical list of street names, with property owners listed in order of street numbers.

B.  The planning department shall distribute copies of the above documents to the police department, the public works department, and the building official whenever the documents are updated.

(Ord. dated 12-1-09; Ord. dated 6-7-11)

 

15.20.030  Numbering system.

A.  When new lots are created, the building official shall assign a street number to each lot before final plan approval. If a building permit is requested for a lot that has not been assigned a street number, the building official shall assign a street number when the permit is issued.

 

B.  The street numbers and unit letters of all buildings and all units within buildings shall be displayed in a manner that makes them clearly visible to emergency responders.

 

C.  Street numbers shall be assigned in the following manner whenever practical:

1.   One street number shall be assigned for each fifty (50) feet of street or highway frontage.

2.   Odd numbers shall be assigned to the right-hand side of a street beginning at its point of intersection with a street that is its point of origin, and even numbers shall be assigned to the left-hand side of a street in the same manner. Points of origin shall be designated as the farthest point east or south.

3.   Numbers shall begin on the east and ascend to the west on east-west streets, and shall begin on the south and ascend to the north on north-south streets.

4.   Street number shall be assigned to lots on private streets in the same manner they are assigned to lots on public streets.

5.   When a common driveway provides access from a street to more than one lot, each lot shall be assigned a separate street number. The street numbers shall be posted at the street and at the entrance to each lot.

6.   When physical access to a lot is from a street other than the street where the lot frontage is located, the address shall be the street where the physical access is located. If a lot has more than one driveway, the street number shall be assigned to the driveway providing the most direct access to the residence or business.

7.   If a building contains more than one unit, the building shall be assigned a street number and each individual unit shall be designated by a letter after the street number. The street number shall be posted at the entrance to the lot, and the street number and unit letter shall be posted at the entrance to each unit.

8.   If a lot contains a principal dwelling unit and an accessory dwelling unit, both shall have the same street number and each unit shall be designated by a letter after the street number, whether the accessory dwelling unit is in the principal building or in an accessory building. The street number shall be posted at the entrance to the lot, and the street number and unit letter shall be posted at or near the entrance to each unit in a manner that will be immediately visible to emergency responders.

(Ord. dated 7-21-86 (part), Ord. dated 12-6-05; Ord. dated 6-7-11)

 

15.20.040  Street names. 

A.  Names of new streets shall be assigned according to the provisions of the land development and subdivision regulations.

(Ord. dated 12-6-05; Ord. dated 1-7-14)

 

B.  The owners of property on a public town street shall have the right to petition the town council to change the name of the street according to the following procedure:

1.   The applicants shall submit to the town clerk a petition that contains the names, addresses, and signatures of seventy-five percent (75%) of the owners of property with frontage on the street. If the property is owned in common, jointly, or by the entirety, every owner must sign the petition. If the property is owned by a corporation, the president or secretary must sign the petition.

2.   The petition shall propose a new name for the street. The name shall be easy to spell and pronounce and shall not exceed fifteen letters, excluding the classifier (e.g., “Road,” “Drive”); the name shall not be the same as, or a homophone of, the name of an existing street in the town or the fire district; and the name shall reflect Richmond’s history or natural features or shall memorialize the name of a noteworthy resident.

3.   The town clerk shall request written recommendations on the proposal from the planning board, the police chief, the public works director, and the chief of the fire district.

4.   The town clerk shall forward the petition and the written recommendations to the town council, which may schedule a public hearing on the proposal.

5.   The public hearing shall be advertised in the same manner that a public hearing on an ordinance amendment is advertised. In addition, the applicants shall send notice of the public hearing by regular mail and certified mail to every owner of property with frontage on the street who did not sign the street name change petition. The notices shall be mailed seven or more days before the date of the public hearing.

6.   After the close of the public hearing, the town council may approve the proposed street name change by resolution.

7.   The applicants shall pay the cost of advertising and notice for the public hearing, and shall pay the cost of new street signs.

(Ord. dated 1-7-14)

 

REFERENCES

Land development and subdivision regulations ch. 15 §§ D, G.

 

15.20.050  Street signs.  At least one sign identifying the name of the street shall be located on every public and private street.

 

A.  A developer constructing a new public or private street shall install a street name sign at his own expense in conformance with Section 13.7 of the land development and subdivision regulations.

 

B.  The Town shall be responsible for maintaining street signs on streets that have been dedicated to the public and accepted into the town street system.

 

C.  Each owner of property on a private street shall be responsible for erecting, maintaing, and replacing a street sign on that street.

 

D.  A property owner who knowingly refuses to erect, maintain, or replace a street sign on a private street shall be guilty of a petty misdemeanor punishable by a fine of not more than five hundred dollars ($500). Each day of violation shall constitute a separate offense.

(Ord. dated 2-7-17)

 

REFERENCES

Land development and subdivision regulations ch. 13.

 

Published by ClerkBase
©2021 by Clerkbase. No Claim to Original Government Works.