Chapter 65 SOIL EROSION AND SEDIMENT CONTROL[1]
The town council hereby finds that excessive quantities of soil are eroding from certain areas that are undergoing development for non-agricultural 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, road ditches and muddies streams, leaves deposits of silt in ponds and reservoirs and is considered a major water pollutant.
The purpose of this chapter is to prevent soil erosion and sedimentation from occurring as a result of non-agricultural development within the town by requiring proper provisions for water runoff control 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 provides for a determination of applicability to be made by the town building official or his/her designee. The purpose of the determination of applicability is to determine whether a soil erosion and sediment control plan is required from a petitioner who desires to engage in soil disturbing activities. The ordinance further defines minimum requirements for such plans, and establishes review and approval procedures.
(Ord. of 10-15-91, § 1)
Sec. 65-2. General requirements.
This chapter shall be applied to any situation involving a disturbance to the terrain, topsoil or vegetative ground cover upon any property within the town, as defined in section 65-3.
Requests for determination of applicability shall be made to the building official, or his/her designee, and approval of soil erosion and sediment control plans, if required, shall be issued through the building official. The building official may designate all duties and responsibilities under this chapter to another qualified individual. The designation will be in writing and approved by the planning board. The building official and/or his/her designed shall have the following qualifications:
(1) Be a registered engineer, surveyor, or landscape architect or a soil and water conservation society certified erosion and sediment control specialist, or
(2) Shall have attended a soil erosion and sediment control training session sponsored by the United States Department of Agriculture Soil Conservation Service and Conservation Districts.
The building official and his/her designee shall be granted the necessary authority to administer this chapter, including entry onto private property when necessary for periodic inspections to ensure compliance with provisions of the approved soil erosion and sediment control plan.
The building official, or his/her designee shall conduct determinations of applicability and review soil erosion and sediment control plans as described in sections 65-3 and 65-4. Determinations of applicability that result in a requirement to submit a soil erosion and sediment control plan, and subsequent plan approvals must be endorsed by the planning board. Compliance with this chapter shall not be construed to relieve the owner/applicant of any obligations to obtain necessary state or federal permits.
(Ord. of 10-15-91, § 2)
Sec. 65-3. Determination of applicability.
(a) 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 requesting a determination of applicability from the building official or his/her designee, Determinations of applicability will result in one of three possible determinations:
(1) Soil erosion plan inapplicable. In this case the soil disturbing activity is not within the criteria of this chapter. No further action is required, except to file the request for determination of applicability.
(2) Erosion risk insignificant. In this case, the criteria of this chapter apply, but due to the low risk of harm, no soil erosion and sediment control plan is required. The request is filed, with a copy forwarded to the planning board for information.
(3) Soil erosion plan required. If the building official determines a plan is required, the request for determination of applicability is placed on the agenda of the next regular planning board agenda for endorsement by the board.
The request for determination of applicability shall be in writing, and 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. For subdivisions, the normal application for preliminary approval of a subdivision will be considered to be the request for determination of applicability. In determining the applicability of the soil erosion and sediment control ordinance 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. 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," U.S. Department of Agriculture Soil Conservation Service, R.I. Department of Environmental Management, and R.I. State Conservation Committee shall be consulted in making this determination.
(b) No determination of applicability shall be required for the following:
(1) Construction, alteration or use of any additions to existing single-family or duplex homes or related structures, provided the grounds 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 ten percent.
(2) Use of a home garden in association with onsite 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 silvicultural purpose.
(4) Excavations for improvements other than those described in paragraph (b)(1) hereinabove which exhibit all of the following characteristics:
a. Does not result in a total displacement of more than 50 cubic yards of material:
b. Has no slopes steeper than ten feet vertical in 100 feet horizontal or approximately ten percent; and
c. Has all disturbed surface areas promptly and effectively protected to prevent soil erosion and sedimentation
(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 erosion actions and all of the following conditions are met:
a. The aggregate of areas of such activity does not exceed 2,000 square feet.
b. The change of elevation does not exceed two feet at any point.
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 alterations undertaken by the city/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 these activities. All such work shall be undertaken in accordance with the performance principles provided for in section 65-5(b)(5) and such standards and definitions as may be adopted to implement said performance principles.
(Ord. of 10-15-91, § 3)
Sec. 65-4. Soil erosion and sediment control plans review and approval.
(a) Plans for subdivisions. Soil erosion plans prepared for subdivision developments will be included with other required documentation for subdivisions, and will be reviewed and acted upon in accordance with normal review procedures described in subdIvision regulations.
(b) Plans for non-subdivision activities.
(1) To obtain approval for a land disturbing activity as found applicable by the building official or his/her designee under section 65-3, an applicant shall file a soil erosion and sediment control plan, signed by the owner of the property, or authorized agent, on which the work is to be performed. The plan or drawings shall include proposed erosion and sediment control measures to be employed by the applicant or the applicant's agent, and will be prepared in accordance with the standards described in section 65-5.
(2) The building official or his/her designee will ensure review of the plan is placed on the agenda of the next formal planning board meeting. Additionally, within five working days of the receipt of a plan, the building official or his/her designee shall send a copy of the plan to the public works department and conservation commission for review and comment. Copies of the plan may also, within the above time frame be submitted to other local departments or agencies, including the conservation district that services their county. Failure of the review authorities to respond within 21 days of receipt of the plan shall be deemed as no objection to the plan. For the planning board, the date of the agenda on which it appears for review plan will be considered the date of receipt.
(3) The time allowed for plan review shall be commensurate with the proposed development project and shall be done simultaneously with other reviews.
(4) R.I. Freshwater Wetlands Permit: Where any portion of a proposed development requires approval under the R.I. Freshwater Wetlands Act (2-1-15 et seq.), as amended and 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 hereunder for the development.
(5) The building official or his/her designee shall take action in writing either approving or disapproving the plan with reasons stated within ten days after the building official 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 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 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 soil erosion and sediment control plan. The applicant shall have the soil erosion and sediment control plan on the site during grading and construction.
(c) Fees. Fees will be charged applicants requesting approval of soil erosion and sediment control plans for the purpose of administering this chapter. The fee schedule will be determined and posted by the planning board.
(d) Appeals.
(1) 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.
(2) Appeal procedures shall follow current requirements for appeals as found in Article 6, Section 3 of the Tiverton Zoning Laws.
(3) 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.
(4) The zoning 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/her designee as a public record prior to the appeals hearing.
(Ord. of 10-15-91, § 4)
(a) Plan preparation. The soil erosion and sediment control plan shall be prepared by a registered engineer, landscape architect or a Soil and Water Conservation Society certified erosion and sediment control specialist. Six (6) copies of the plan shall be submitted to the building official or his/her designee.
(b) Plan contents. The soil erosion and sediment control plan shall include sufficient information about the proposed activities and land parcel(s) 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 "Rhode Island Soil Erosion and Sediment Control Handbook," prepared by the U.S. Department of Agriculture, Soil Conservation Service, R.I. Department of Environmental Management, R.I. State Conservation Committee at a minimum, shall contain:
(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 to the building official or his/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; stock piles and borrow areas; sequence and staging of land disturbing activities; and other such information needed for construction.
(3) Other information or construction plans and details as deemed necessary by the building official or his/her designee for thorough review of the plan prior to action being taken as prescribed in this chapter. Withholding or delay of such information may be reasons for the building official or his/her designee to judge the application as incomplete and grounds for disapproval.
(4) Design performance principles. The soil erosion and sediment control plan shall clearly demonstrate the following design principles:
a. The site selected shall show due regard for natural drainage characteristics and topography.
b. To the extent possible, steep slopes shall be avoided.
c. The grade of slopes created shall be minimized.
d. Post development runoff rates should not exceed pre-development rates, consistent with other stormwater requirements which 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.
e. Original boundaries, alignment, and slopes of watercourses within the project locus shall be preserved to the greatest extent feasible.
f. In general, drainage shall be directed away from structures intended for human occupancy, municipal or utility use, or similar structures.
g. All drainage provisions shall be of such a design and capacity so as to adequately handle stormwater runoff, including runoff from tributary upstream areas which may be outside the locus of the project.
h. Drainage facilities shall be installed as early as feasible during construction, prior to site clearance, if possible.
i. Fill located adjacent to watercourses shall be suitably protected from erosion by means of rip-rap, gabions, retaining walls, vegetative stabilization, or similar measures.
j. 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 non-growing months, November through March.
k. Permanent vegetation shall be placed immediately following fine grading.
l. 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.
m. All areas damaged during construction shall be resodded, reseeded, or otherwise restored. Monitoring and maintenance schedules, where required, shall be predetermined.
(Ord. of 10-15-91, § 5)
(a) Performance bond requirements.
(1) Before endorsing a soil erosion and sediment control plan, the planning board may require the applicant/owner to file a surety company performance bond, deposit of money, negotiable securities or other method of surety. 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 ten percent, the filing of a performance bond shall be required. The amount of the bond, as determined by the planning board, upon recommendation from the public works department, 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 town solicitor.
(3) A performance bond for an erosion 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 requirement(s) of this chapter.
(b) Notice of default on performance secured by bond.
(1) Whenever the building official or his/her designee shall find that a default has occurred in the performance of any term(s) or condition(s) of the bond or in the implementation of measures secured by the bond, written notice thereof shall be made to the applicant and to the surety of the bond by the town solicitor. The notice shall state the nature of default, work to be done, the estimated cost thereof, and the period of time deemed by the building official or his/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 such notice of default shall mean the institution, by the 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 as cash or negotiable securities deposit has been posted by the applicant, notice and procedure shall be the same as provided for in subsection (b) of this section.
(d) Release from performance bond conditions. 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 planning board. The applicant/owner may request the release of his/her performance bond from the planning board 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 planning board has been notified of successful completion of all plat improvements by the applicant/owner.
(Ord. of 10-15-91, § 6)
Sec. 65-7. Plan expiration and renewal.
(a) Every plan approval granted herein shall expire at the end of the time period set forth 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/her designee, setting forth the reasons underlying the requested time extension. If the extension is warranted, the building official or his/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 must be approved by the planning board.
(Ord. of 10-15-91, § 7)
Sec. 65-8. Maintenance of plan measures.
Maintenance of all erosion-sediment control devices under this chapter shall be the responsibility of the owner. The erosion-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.
(Ord. of 10-15-91, § 8)
Sec. 65-9. Liability of applicant.
Neither approval of an erosion and sediment control plan nor compliance with any conditions of this chapter shall relieve the owner/applicant from any responsibility for damage to persons or property, nor impose any liability upon the town for damages to persons or property.
(Ord. of 10-15-91, § 9)
(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(s) shall notify the building official or his/her designee that all grading, drainage, erosion and sediment control measures and devices, and vegetation and ground cover planting has been completed in conformance with the approval, all attached plans, specifications, conditions, and other applicable provisions of this chapter.
(b) Final inspection. Upon notification of the completion by the owner, the building official or his/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 department of inspections and in the department of public works permanent inspections file. This inspection is required prior to release from performance bond conditions.
(Ord. of 10-15-91, § 10)
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/her designee to comply shall be transmitted by certified mail to the owner. The notice shall set forth the nature of the temporary and permanent corrections required and the time limit within which corrections shall be completed as set forth in section 65-12, paragraph (b). Failure to comply with the required corrections within the specified time limit shall be considered in violation of this chapter, in which case the performance bond or cash or negotiable securities deposit shall be subject to notice of default.
(Ord. of 10-15-91, § 11)
(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 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 work.
(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. In addition thereto, whenever there is a failure to comply with the provisions of this chapter, the town shall have the right to notify the applicant/owner that he 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. Should the applicant/owner fail to take the temporary corrective measures within the five-day period and the permanent corrective measures within the 30-day period, the town shall then have 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 municipality, and the lien shall incur legal interest from the date of recording. 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 town.
(Ord. of 10-15-91, § 12)
Sec. 65-13. Definitions of selected terms.
(a) Applicant: Any person, corporation, or public or private organization proposing a development which would involve disturbance to the natural terrain as herein defined.
(b) 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 excavation.
(c) 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.
(d) Erosion: The removal of mineral and/or organic matter by the action of wind, water, and/or gravity.
(e) 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.
(f) 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.
(g) Land disturbing activity: Any physical land development 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.
(h) Sediment: Solid material, both mineral and/or organic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, and/or gravity as a product of erosion.
(i) Soil erosion and sediment control plan: The (approved) document required before any person may cause disturbance to the natural terrain within the town as herein regulated. Also, herein referred to as erosion and sediment control plan, approved plan.
(j) 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.
(k) Coastal feature: Coastal beaches and dunes, barrier beaches, coastal wetlands, coastal cliffs, bluffs, and banks, rocky shores, and manmade shoreline as defined in the State of Rhode Island Coastal Resources Management Program as amended June 28,1983.
(l) Watercourses: The term "watercourse" shall be held to mean 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 as herein defined shall be used for delineation purposes.
(Ord. of 10-15-91, § 13)
Unmitigated stormwater from areas altered by development may pose health and safety threats. Potential contaminants in stormwater runoff may include suspended solids, nitrogen, phosphorus, hydrocarbons, heavy metals, pathogenic organisms (bacteria and viruses), and road salts.
This article establishes the administrative mechanisms necessary for the Town of Tiverton to ensure proper stormwater management after site construction and development is complete. The article is written to work in conjunction with current state regulations, local building and zoning codes, and subdivision regulations. The requirements of this article are in addition to those imposed for stormwater management or erosion control during site construction and development.
(Ord. of 1-24-11)
This article shall apply to any major or minor subdivision, land development project, or other development or redevelopment activity occurring within the Town of Tiverton involving an area or areas of disturbance which total one acre or more. No person shall engage in such development or redevelopment activities without receiving approval by the public works director of the post-construction stormwater management plan for the activity. The stormwater management plan must be approved either at the time of preliminary plan submission of a subdivision or land development project, at the time of the initial application for development plan review or at the time of application to the Building Official for either a demolition permit or a building permit.
(Ord. of 1-24-11)
Sec. 65-16. Technical standards.
All applicants for qualifying development activity must develop and submit a proposed stormwater management plan which must address post-construction stormwater management for the development which meets all the requirements of this article. All such stormwater management shall be consistent with the Rhode Island Stormwater Design and Installation Standards manual and the Rhode Island Soil Erosion and Sediment Control Handbook, as amended. The stormwater management plan must include a description of proposed best management practices (BMP's), detailed site plans, and a written narrative, that when implemented, provides protection of receiving waters by reducing pollutant loadings and other negative impacts associated with changes in land use as described below. Structural BMPs are described as structural stormwater devices that temporarily detain and treat stormwater runoff in order to reduce pollutant loadings. Typical BMPs include wet ponds, extended detention ponds, infiltration trenches, created wetlands, grassed swales and the like.
(1) Performance standards. Stormwater management plans must incorporate best management practices for water quality control, which in combination are demonstrated to reduce the average annual total suspended solids in post development runoff by 80 percent. Development in drinking water supply watersheds or watersheds where impaired waters as defined by the state's 303(d) list exists may be held to higher standards.
(2) Disallowed stormwater best management practices. The placement of structural BMP's and other stormwater structures within a floodplain shall be avoided. If there is no alternative, the applicant must show what effects, if any, the tail waters created by the floodplain will have on the outflow and effective storage capacity of the detention facility.
(3) Facilitation of maintenance. Facilities that require maintenance shall be designed to minimize the need for regular maintenance, facilitate required maintenance, and ensure accessibility of components that require maintenance. At a minimum, all stormwater management plans must incorporate structural BMP's with appropriate maintenance design in accordance with the Rhode Island Stormwater Design and Installation Standards manual, as amended; or the Rhode Island Soil Erosion and Sediment control Handbook, as amended.
(Ord. of 1-24-11)
Sec. 65-17. Maintenance requirements for best management practices.
(a) Routine maintenance and repair procedures. Preventative maintenance procedures are required to maintain the intended operation and safe condition of the structural BMP's by greatly reducing the occurrence of problems and malfunctions. To be effective, preventative maintenance shall be performed on a regular basis and include such routine procedures as training staff, periodic inspections, grass cutting elimination of mosquito breeding habitats, and pond maintenance. Disposal of sediment and debris must occur on a regular basis (unless otherwise specified within an approved plan), at suitable disposal sites or recycling sites and comply with applicable local, state and federal regulations.
Corrective maintenance procedures are required to correct a problem or malfunction at a stormwater management facility and to restore the facility's intended operation and safe condition. Based on the severity of the problem, corrective maintenance must be performed on an as-needed or emergency basis and include such procedures as structural repairs, removal of debris, sediment and trash removal which threaten discharge capacity, erosion repair, snow and ice removal, fence repair, mosquito extermination, and restoration of vegetated and nonvegetated linings.
(b) General maintenance standards for stormwater best management practices. Maintenance design and maintenance procedures for all structural BMP's shall be in accordance with Rhode Island Stormwater Design and Installation Standards Manual, as amended; or the Rhode Island Soil Erosion and Sediment Control Handbook, as amended. Stormwater management plans shall demonstrate appropriate maintenance design and procedures for each proposed best management practice.
A maintenance schedule for each type of structural BMP must be included in the stormwater management plan. These schedules shall list the frequency and type of maintenance operations necessary along with the legally responsible party's name, address and telephone number. If the stormwater drainage system is to be deeded to the local municipality the applicant must obtain a letter from the municipality acknowledging maintenance responsibility and intent of ownership.
(Ord. of 1-24-11)
Sec. 65-18. Stormwater management plans.
(a) Calculations. In addition to the information required for stormwater management plans the following information must also be included with the application, where applicable:
(1) The area of each subwatershed as identified on final site plans.
(2) The area of impervious surfaces (including all roads, driveways, rooftops, sidewalks, etc.) for each subwatershed as identified in the Rhode Island Stormwater Design and Installation Standards Manual, as amended.
(3) Weighted curve numbers, (CN) as determined by the SCS TR-55 method, for each subwatershed as identified in the Rhode Island Stormwater Design and Installation Standards Manual, as amended.
(4) Invert elevations for all applicable structural BMP's. In addition, the elevations for permanent and/or flood pool stages, including peak discharge rates for each stage, within all stormwater basins are required.
(5) The total volume capacity for structural BMP's (e.g., infiltration basin, detention basins, wet ponds, etc.). Volumes must be segregated into permanent and flood pool stages volumes where applicable. Furthermore, the volumes of all sediment storage (basins, forebays, etc.) areas must also be shown.
(6) The water quality volume must also be calculated for each subwatershed. All relevant variables such as curve numbers and time of concentration, along with the supporting computations and worksheets must be included.
(b) Narrative description. As part of the stormwater management plan, the applicant shall include a discussion of the protection of environmental resource functions and values. The following outline is provided as guidance for preparing a narrative description for the stormwater management plan. Depending on the size and scope of the proposed project, the amount of information required by the permitting agency may vary, therefore, it is advised to consult the appropriate permitting agency for specific requirements.
(1) Site description — general topography, soil types, current vegetative composition and relative abundance, existing infrastructure, and/or adjacent properties, identification of major resources (e.g., wetlands, groundwater, surface waters, etc.), name of receiving water(s), potential water quality and/or hydrologic impacts on resources.
(2) Site input date — watershed characteristics, area of all impervious surfaces, total area of site, annual mean rainfall, runoff coefficients, curve numbers for various land uses, peak discharge rates.
(3) Land use planning and source control plan.
(4) Best management practices — identify the type of BMP(s) employed both during and post construction and justification for selection, including any deviation from the Rhode Island Stormwater Design and Installation Standards Manual, as amended, and the potential effect on pollutant removal efficiency.
(5) Technical feasibility — of BMP's including sizing, location, hydraulic and environmental impacts. Alternatives, which were considered but determined not to be feasible, should also be discussed.
(6) Maintenance schedule — of BMP's to be used, both during and post construction including frequency of inspection and maintenance.
(Ord. of 1-24-11)
Sec. 65-19. Maintenance agreements.
Maintenance agreements between the landowners and the Town of Tiverton shall provide written, contractual documentation, which demonstrates compliance with this article and legal arrangements for the upkeep of the structural BMP's to assure their functionality and safety in accordance with this article. Maintenance agreements shall be approved by the public works director and the town solicitor and recorded in the land evidence records.
Maintenance agreements, which describe all maintenance schedules and requirements, must be developed for each structural BMP unless the facility is dedicated to and accepted by the Town of Tiverton.
(1) Recognition of municipal inspection requirements. Maintenance agreements shall include a reasonable and regular schedule for the Town of Tiverton to conduct on-site inspections of the functionality and safety of the structural BMP's. Inspection schedules shall be based on the complexity and frequency of maintenance needs and shall be subject to the approval of the Town of Tiverton. At a minimum, maintenance frequency should be in accordance with the Rhode Island Stormwater Design and Installation Standards Manual, as amended.
(2) Record keeping for maintenance activities. Maintenance agreements shall include provisions for maintenance record keeping. All activities conducted in accordance with a maintenance agreement must be recorded in a work order and inspection log. Timely updates of the log shall be the responsibility of the structural BMP's owner or other responsible party pursuant to this article. Review of the maintenance and inspection log shall be completed by the Town of Tiverton to determine the effectiveness of the operation, maintenance and safety activities. Reviews shall occur as part of each on-site inspection. Additional reviews may be made as deemed appropriate by the Town of Tiverton.
(3) Responsibility for maintenance to assure functionality and safety. Appropriate maintenance to assure functionality and safety of the structural BMP's shall be the responsibility of the owner or may be assumed by another party via a written contractual arrangement in accordance with this article.
(4) Alterations to maintenance agreements. Any alterations in maintenance responsibility or alterations to maintenance agreements must be reviewed and approved by the director. If portions of the land serviced by a structural BMP are to be sold, written contractual arrangements shall be made to pass all responsibility of the maintenance agreement to the purchaser and shall be subject to review and approval of the director. All alterations to maintenance agreements shall be recorded in accordance with this article.
(5) Recordation of maintenance agreements. All maintenance agreements and alterations to maintenance agreements shall be recorded in the land evidence records of the Town of Tiverton. Copies of all maintenance agreements and alterations to maintenance agreements shall be included in stormwater management plans. Recordation of maintenance agreements in accordance with this article shall be the responsibility of the owner.
(Ord. of 1-24-11)
The Town of Tiverton shall be empowered to collect fees from permit applicants, which are commensurate with the cost of administering this article.
(Ord. of 1-24-11)
Sec. 65-21. Responsibility for administration.
The public works director shall administer, implement, and enforce the provisions of this article. Any powers granted or duties imposed upon the public works director may be delegated in writing by the public works director to persons or entities acting in the interest of or in the employ of the Town of Tiverton, including but not limited to the town engineer, the town planner and the planning board.
(Ord. of 1-24-11)
(a) Notification of violation. Whenever there is a failure to comply with the provisions of this article, the Town of Tiverton shall have the right to notify the applicant/owner that he or she has five calendar days from the receipt of the notice to temporarily correct the violations and 30 calendar days from receipt of notice to permanently correct the violations.
In the event that a structural BMP becomes a danger to public safety or public health, or in need of maintenance or has not been maintained in accordance with the maintenance agreement, the Town of Tiverton shall so notify the responsible person in writing by certified mail. Upon receipt of that notice, the responsible person shall have 14 calendar days to complete maintenance and repair of the structural BMP in a manner that is approved by the municipality. If the responsible person fails or refuses to perform such maintenance and repair, the municipality may immediately proceed to do so and enforce penalties as described herein.
(b) Enforcement of penalties. Should the applicant/owner fail to take the corrective actions, the Town of Tiverton shall then have the right to take the available appropriate remedies it deems necessary to correct the violations and the expense thereof shall be charged to the applicant/owner.
(Ord. of 1-24-11)
[1]Editor's note(s)—An ordinance of October 15, 1991, §§ 1—13, did not specifically amend the Code; hence, inclusion herein as Ch. 65, §§ 65-1—65-13, was at the discretion of the editor.