(Editor's note--Ch. No. 5803, Arts. I--IX, adopted Sept. 20, 1993, enacted provisions pertaining to erosion and sediment control. Such provisions did not specify manner of codification; hence, designation as Ch. 7 1/2, Sec. 7 1/2-1--7 1/2-15, has been at the discretion of the editor. For derivation of a particular section, see the history note parenthetically enclosed following the section or the Code Comparative Table beginning on page 1001. Cross references--Buildings and building regulations, Ch. 7; subdivision regulations, App. B; zoning, App. C.)
The purpose of this chapter is to prevent erosion and sedimentation from occurring as a result of nonagricultural development within the City of Woonsocket by requiring proper provisions for water disposal and the control of soil surfaces during and after construction, in order to promote the safety, public-health and general welfare of the residents of the City of Woonsocket.
(Ch. No. 5803, Art. I, Sec. 1, 9-20-93)
[As used in this chapter the following words and terms shall have the meaning ascribed thereto:]
Applicant: Any person, corporation or public or private organization proposing a development which would involve disturbance to the natural terrain as herein defined.
Coastal features: To include, but not be limited to: Coastal beaches and dunes, barrier beaches, coastal wetlands, coastal cliffs, bluffs and banks, rocky shores and manmade shorelines.
Cut: An excavation. The difference between a point on the original ground and designated point of lower elevation on the final grade. Also, the material removed in excavating.
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 from the City of Woonsocket.
Erosion: The removal of mineral and/or organic matter by the action of wind, water, and/or gravity.
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 condition resulting therefrom.
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.
Land disturbing activity: Any physical land development activity which includes such action as clearance of vegetation, moving or filling of land, or excavation of soil or mineral resources, or similar activity.
Sediment: Solid materials, 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.
Soil erosion and sediment control plan: The (approved) document required before any person may cause a disturbance to the natural terrain within the city as herein regulated; also, herein referred to as erosion and sediment control plan, approved plan.
Run-off: 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.
Vegetation and soils: As defined by the United States Geological Services of the United States Department of Commerce.
Watercourse: The term watercourse shall be held to mean any tidewater or coastal wetland at its mean high water level, and any freshwater at its seasonal high water level, including, but not limited to, any river, stream, brook, pond, lake, swamp, marsh, bog, fen, wet meadow, or other standing or flowing body of water. The edge of the watercourse as herein defined shall be used for delineation purposes.
(Ch. No. 5803, Art. IX, Sec. 1, 9-20-93)
The city council of the City of Woonsocket, Rhode Island, authorizes the building official to administer the provisions of this chapter under Section 45-46-1, 45-46-4 and 45-46-5 of the General Laws of the State of Rhode Island & Providence plantations in Chapter 45-46, entitled, "Soil Erosion and Sediment Control" and may designate all enforcement responsibilities to his/her designee.
(Ch. No. 5803, Art. I, Sec. 2, 9-20-93)
The building official and/or his/her appointed agent reviewing soil erosion and sediment control plans shall have the following qualifications:
(1) Be a registered engineer, surveyor, or landscape architect or Soil and Water Conservation Society certified erosion and sediment control specialist; or
(2) Shall have attended a soil and sediment control training session sponsored by the United States Department of Agriculture Soil Conservation Service and Conservation Districts.
The building official and/or his/her appointed agent shall be granted the authority necessary to administer this chapter, including entry onto private property when necessary for periodic inspections to ensure compliance with the provisions of the approved soil erosion and sediment control plan.
(Ch. No. 5803, Art. II, Sec 1, 9-20-93)
This chapter shall be applicable to any situation involving any disturbance to the terrain, topsoil or vegetation ground cover upon any property within the City of Woonsocket after determination of applicability by the building official and/or his/her appointed agent, based upon criteria outlined in section 7 1/2-6. 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, city or federal permits otherwise required by appropriate statute or regulation appertaining thereto.
(Ch. No. 5803, Art. II, Sec. 2, 9-20-93)
(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 applying for a determination of applicability from the building official of the City of Woonsocket and/or his/her appointed agent. Upon determination of applicability, the owner/applicant shall submit within sixty (60) days a soil erosion and sediment control plan for approval by the building official and/or his/her appointed agent, as provided in section 7 1/2-7. 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 and/or his/her appointed agent to determine the potential for soil erosion and sedimentation resulting from the proposed project. In determining the applicability of the soil erosion and sediment control ordinance to a particular land disturbing activity, the building official and/or his/her appointed agent shall consider site topography, drainage patterns, soil types according to the United States Geological Service, proximity to watercourses or wetlands, and other such information as deemed appropriate by the building official and/or his/her appointed agent. A particular land disturbing activity shall not be subject to the requirements of this chapter if the building official and/or his/her appointed agent 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 features or watercourse or wetlands as defined hereinafter, or, drinking water source. The current "Rhode Island Soil Erosion and Sediment Control Handbook", U.S. Department of Agriculture Soil conservation Service, Rhode Island Department of Environmental Management, and the Rhode Island 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 ground coverage of such addition is less than one thousand (1,000) square feet, and such construction, alteration, and uses does not occur within one hundred (100) feet of any watercourse or wetlands, and the slopes at the site of land disturbance do not exceed ten (10) percent.
(2) Use of a home garden as permitted in a residential use zone by the provisions of the Woonsocket Zoning Ordinance and certified by the building official in association with on-site residential use.
(3) Accepted agricultural management practices such as seasonal tilling and harvest activities associated with agricultural or silvacultural purposes, except within drinking water watersheds.
(4) Excavations for an improvement other than those described in subsection (1) above which exhibit all of the following characteristics:
a. Does not result in total displacement of more than fifty (50) cubic yards of material; and
b. Has no slope steeper than ten (10) feet vertical in one hundred (100) feet horizontal or approximately ten (10) percent; and
c. Has all disturbed surface areas promptly and effectively protected to prevent soil erosion and sedimentation as determined by the building official in the public best interest.
(5) Grading, as a maintenance measure, or for landscaping purposes on existing developing land parcels or lots, provided that all bare surface is immediately seeded, sodded or otherwise protected from erosion action and all of the following are met:
a. The aggregate areas of such activity does not exceed two thousand (2,000) square feet; and
b. The change of elevation does not exceed two (2) feet at any point; and
c. The grading does not involve a quantity of fill greater than eighteen (18) cubic feet; except where fill is excavated from another portion of the same parcel and the quantity does not exceed fifty (50) cubic yards.
(6) Grading, filling, removal, or excavation activities and operations undertaken by the city under the direction and supervision of the director of public works for works on streets, roads, or rights-of-way dedicated to public use; provided, however, that adequate and acceptable erosion and sediment controls are incorporated in engineering plans and specifications are 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 7 1/2-8(c) and such standards and definitions as may be adopted to implement said performance principles.
(Ch. No. 5803, Art. III, Sec. 1, 9-20-93)
(a) Plan.
(1) To obtain approval for a land disturbing activity as found applicable by the building official and/or his/her appointed agent under section 7 1/2-6, an applicant shall first file an erosion and sediment control plan signed by an 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 section 7 1/2-8, shall include proposed erosion and sediment control measures to be employed by the applicant or the applicant's agent.
(2) Rhode Island Freshwater Wetlands Permit: Where any portion of a proposed development requires approval under the Rhode Island Freshwater Wetlands Act (RIGL 2-1-15 et seq.), as amended, and when they contain 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.
(b) Fee schedule for application. An application for review of plans submitted under this chapter shall require a nonrefundable filing fee paid to the city according to the following schedule:
(1) Single-family and duplex subdivisions:
Number of Lots
| 1 | $75.00 |
| 2-9 Plus for each lot over 2 | 150.00 50.00 |
| 10-15 Plus for each lot over 10 | 550.00 40.00 |
| 16-25 Plus for each lot over 16 | 800.00 30.00 |
| 26-50 Plus for each lot over 26 | 1,150.00 20.00 |
| 51 or more Plus for each lot over 51 | 1,700.00 10.00 |
(2) Site development plans:
(c) Plan review.
(1) Within ten (10) working days of the receipt of a completed plan, five (5) copies of which shall be submitted, the building official and/or his/her appointed agent shall send a copy of the plan to the reviewing authorities which may include the public works department, planning board, department of planning and development, and conservation commission, for the purpose of review and comment. The building official and/or his/her appointed agent may also, within the above time-frame submit copies of the plan to other local departments or agencies, including the conservation district that services the county, in order to better achieve the purpose of this chapter. Failure of the aforementioned reviewing authorities to respond within twenty-one (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 within the proposed development project, and shall be done simultaneously with other review.
(d) Plan approval.
(1) The building official, and/or his/her appointed agent, shall take action, in writing, either approving or disapproving the plan with reasons stated within ten (10) days after the building official and/or his/her appointed agent has received the written opinions of the aforementioned review authorities.
(2) In approving a plan, the building official and/or his/her appointed agent, may attach such conditions deemed reasonably necessary by the aforementioned 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 restoration, the erection of walls, dams, and structures, planting vegetation, trees and shrubs, furnishing necessary easements, and specifying a method of performing various kinds of works, and the sequence or timing thereof. The applicant/owner shall notify the building official and/or his/her appointed agent at lest seventy-two (72) hours in advance of his/her intent to begin clearing and construction work described in the erosion and sediment control plan on the site during grading and construction.
(e) Appeals.
(1) Administrative procedures.
a. If the ruling of the building official and/or his/her appointed agent, 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 Woonsocket Planning Board.
b. Appeal procedures shall follow current requirements for appeal to the board above-mentioned.
c. 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 and/or his/her agent shall remain in effect.
(2) Expert opinion. The building official and/or his/her appointed agent, or the Woonsocket Planning Board, may seek technical assistance on any erosion and sediment control plan. The expert opinion must be made available in the office of the building official and/or his/her appointee as a public record prior to the appeals hearing. The cost of securing such expert opinion shall be borne equally by the city and the developer proposing the alteration.
(Ch. No. 5803, Art. IV, Sec. 1, 9-20-93)
(a) Plan preparation. The erosion and sediment control plan shall be prepared by a registered engineer, or landscape architect or a Soil and Water Conservation Society certified erosion and sediment control specialist and five (5) copies of the plan shall be submitted to the building official and/or his/her appointed agent.
(b) Plan contents. The 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 United States Department of Agriculture, Soil Conservation, Rhode Island Department of Environmental Management, and the Rhode Island State Conservation Committee and at a minimum it shall contain:
(1) A narrative describing the proposed land disturbing activity and 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 and/or his/her appointed agent. Recent photographs of the site are very helpful.
(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, details of measures; stock piles and borrow areas; sequence and staging of land disturbing activities; and other such information needed for construction. Cross sections. Locus maps.
(3) Other information or construction plans and details as deemed necessary by the building official and/or his/her appointed agent 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 and/or his/her appointed agent to judge the application as incomplete and grounds for [dis]-approval.
(c) Performance principles. The contents of the erosion and sediment control plan shall clearly demonstrate how the principles, outlined hereinafter, 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, topography and vegetation.
(2) To the extent possible, steep slopes shall be avoided.
(3) The grade of slopes created shall be minimized.
(4) Post development runoff rates shall not exceed predevelopment rates, consistent with other stormwater requirements which may be in effect. Any increase in stormwater 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, or similar techniques.
(5) Original boundaries, alignment and slope of watercourse within the project locus shall be preserved to the greatest extent possible.
(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 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. Plans shall also identify the storm level being addressed in the plan; i.e. ten-year storm, twenty-five year storm or one hundred-year storm as minimum.
(8) Drainage facilities shall be installed as early as feasible during construction, prior to such clearance if possible.
(9) No fill shall be located adjacent to a watercourse.
(10) Temporary vegetation and/or mulching shall be used to protect bare areas and stock piles 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.
(11) Permanent vegetation shall be placed immediately following final grading.
(12) Trees and other existing vegetation shall be retained whenever feasible; the area within the drip-line shall be fenced or roped off to protect trees from construction equipment.
(13) All areas damaged during construction shall be re-sodded, re-seeded or otherwise restored.
Monitoring and maintenance schedules where required, shall be predetermined.
(Ch. No. 5803, Art. V, Sec. 1, 9-20-93)
(a) Performance bond.
(1) Before approving an erosion and sediment control plan, the building official and/or his/her appointed agent shall require the applicant/owner to file a surety company performance bond, or deposit of money or negotiable securities, or other method of surety, as specified by the building official and/or his/her appointed agent. This requirement may be waived by the building official and/or his/her agent for good cause. When any land disturbing activity is to take place within one hundred (100) feet of any watercourse or coastal feature or within an identified hazard district, or on slopes in excess of ten (10) percent the filing of a performance bond shall be required. The amount of the bond, as determined by the public works department, or in its absence, the building official and/or his/her appointed agent, shall be sufficient to cover the cost of implementing all erosion and sediment control measures as shown on the plan. The performance bond shall be reviewed and may be required to be increased by the building official and/or his/her agent on the annual anniversary date thereof.
(2) The bond or negotiable security filed by the applicant shall subject to approval of the form, content, amount, and manner of execution by the public works director.
(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 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 and/or his/her appointed agent shall find that a default has occurred in the performance of any term(s) or conditions(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 city solicitor. The notice shall state the nature of the default, work to be done, the estimated cost thereof, and the period of time deemed by the building official and/or his/her appointed agent to be reasonably necessary for the completion of the work.
(2) Failure of the applicant to acknowledge a default notice within five (5) days and to comply with the provisions and deadlines outlined in such notice of default shall mean the institution, by the city solicitor, without further notice of proceeding whenever, of appropriate measures to utilize the performance bond to cause the required work to be completed by the city, by contract, or by other appropriate means as determined by the city solicitor.
(c) Notice of default on performance secured by cash or negotiable security deposits. If a certified check 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 twelve (12) months following completion of the project, or longer if deemed necessary by the building official and/or his/her appointed agent. The building official shall consider the appropriateness of growing seasons as a time-frame.
(Ch. No. 5803, Art. VI, Sec. 1, 9-20-93)
(a) Every 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 thirty (30) days prior to the expiration date, submit a written request for an extension of time to the building official and/or his/her appointed agent, setting forth the reasons underlying the requested time extension.
If the extension is warranted, the building official and/or his/her appointed agent may grant an extension of time up to a maximum of one (1) year from the date of the original deadline. Subsequent extensions under the same conditions may be granted at the discretion of the building official.
(Ch. No. 5803, Art. VI, Sec. 2, 9-20-93)
Maintenance of all erosion-sediment control devises 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.
(Ch. No. 5803, Art. VI, Sec. 3, 9-20-93)
Neither approval of an erosion and sediment control plan 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 of Woonsocket, Rhode Island, for damages to persons or property.
(Ch. No. 5803, Art. VI, Sec. 4, 9-20-93)
(a) Periodic inspections. The provisions of this chapter shall be administered and enforced by the building official and/or his/her appointed agent. All work shall be subject to periodic inspections by the building official and/or his/her appointed agent. All work shall be performed in accordance within inspection and construction control schedule approved by the building official and/or his/her appointed agent, who shall maintain a permanent file on all of his/her inspections. Upon completion of the work, the developer or owner(s) shall notify the building official and/or his/her appointed agent 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.
(1) Upon notification of the completion by the owner, the building official and/or his/her appointed agent 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 inspection files. A copy of such report shall be sent to the developer and/or property owner.
(2) The applicant/owner may request the release of his/her performance bond from the building official and/or his/her appointed agent twelve (12) months or two (2) growing seasons after the final site inspection has been completed and approved. In the instance where the performance bond has been posted with the recording of the final subdivision, the bond shall be released, at a minimum of twelve (12) months after the building official and/or his/her appointed agent has been notified by the Woonsocket Planning Board of successful completion of all plat improvements by the applicant/owner.
(Ch. No. 5803, Art. VII, Sec. 1, 9-20-93)
(a) Noncompliance. 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 and/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 7 1/2-14(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 security deposit shall be subject to notice of default in accordance with section 7 1/2-9(b) and (c).
(Ch. No. 5803, Art. VIII, Sec. 1, 9-20-93)
(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 and/or his/her appointed agent after written notification is transmitted by the law by the building official and/or his/her appointed agent to the developer for one (1) or more of the following reasons:
(1) Violation of any condition of the approval plan, or specifications pertaining thereto;
(2) Violation of any provisions 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 of this chapter.
(b) Other penalties. In addition, thereto, whenever there is a failure to comply with the provisions of this chapter, the city shall have the right to notify the applicant/owner that he/she has ten (10) days from receipt of notice to temporarily correct the violations and thirty (30) days from receipt of notice to permanently correct the violations. Should the applicant/owner fail to take the temporary corrective measures within the ten-day period and the permanent corrective measures within the thirty-day period, the city 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 action. 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 in the office of the city clerk, 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 city.
(Ch. No. 5803, Art. VIII, Sec. 2, 9-20-93)