[HISTORY: Adopted by the Town Council of
the Town of Westerly 8-4-2008 by Ch. No. 1648. Amendments noted where applicable.]
A.
It is hereby determined that:
(1)
Land development projects and associated increases
in impervious cover alter the hydrologic response of local watersheds
and increase stormwater runoff rates and volumes, flooding, stream
channel erosion, and sediment transport and deposition;
(2)
This stormwater runoff contributes to increased quantities
of waterborne pollutants; and
(3)
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from development sites.
B.
Therefore, the Town of Westerly establishes this set
of water quality and quantity policies applicable to all surface waters
to provide reasonable guidance for the regulation of stormwater runoff
for the purpose of protecting local water resources from degradation.
It is determined that the regulation of stormwater runoff discharges
from land development projects and other construction activities in
order to control and minimize increases in stormwater runoff rates
and volumes, soil erosion, stream channel erosion, and nonpoint source
pollution associated with stormwater runoff is in the public interest
and will prevent threats to public health and safety.
The purpose of this chapter is to establish
minimum stormwater management requirements and controls to protect
and safeguard the general health, safety, and welfare of the public
residing in watersheds within this jurisdiction. This chapter seeks
to meet that purpose through the following objectives:
A.
Minimize increases in stormwater runoff from any development
in order to reduce flooding, siltation, increases in stream temperature
and stream bank erosion and maintain the integrity of stream channels
B.
Minimize increases in nonpoint source pollution caused
by stormwater runoff from development which would otherwise degrade
local water quality.
C.
Reduce stormwater runoff rates, soil erosion and nonpoint
source pollution, wherever possible, through stormwater management
controls and to ensure that these management controls are properly
maintained and pose no threat to public safety,
A.
This chapter shall be applicable to all subdivision or site plan applications, unless eligible for an exemption or granted a waiver by the Town Planner under the specifications of § 224-9 of this chapter. The ordinance also applies to land development activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development that meets the following applicability criteria, even though multiple separate and distinct land development activities may take place at different times on different schedules. In addition, all plans must also be reviewed by local officials to ensure that established water quality standards will be maintained during and after development of the site and that postconstruction runoff levels are consistent with any local and regional watershed plans.
B.
To prevent the adverse impacts of stormwater runoff,
the Town of Westerly has developed a set of performance standards
that must be met at new development sites. These standards apply to
any construction activity disturbing 10,000 or more square feet of
land. The following activities may be exempt from these stormwater
performance criteria:
(1)
Any logging and agricultural activity which is consistent
with an approved soil conservation plan or a timber management plan
prepared or approved by the Town Council, as applicable.
(2)
Repairs to any stormwater treatment practice deemed
necessary by the Town of Westerly.
(3)
Construction of or modifications to single-family,
two-family and three-family dwellings on preexisting lots that are
not part of a subdivision application.
(4)
Other activities where cumulative soil disturbance
will be less than 10,000 square feet in area.
C.
When a site development plan is submitted that qualifies as a redevelopment project as defined in § 224-7 of this chapter, decisions on permitting and on-site stormwater requirements shall be governed by special stormwater sizing criteria found in the current stormwater design manual. This criteria is dependent on the amount of impervious area created by the redevelopment and its impact on water quality. Final authorization of all redevelopment projects will be determined after a review by the Town Planner.
This chapter is not intended to interfere with,
abrogate, or annul any other ordinance, rule or regulation, statute,
or other provision of law. The requirements of this chapter should
be considered minimum requirements, and where any provision of this
chapter imposes restrictions different from those imposed by any other
ordinance, rule or regulation, or other provision of law, whichever
provisions are more restrictive or impose higher protective standards
shall be considered to take precedence.
If the provisions of any article, section, subsection,
paragraph, subdivision or clause of this chapter shall be judged invalid
by a court of competent jurisdiction, such order of judgment shall
not affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this chapter.
The Town of Westerly may furnish additional
policy, criteria and information, including specifications and standards,
for the proper implementation of the requirements of this chapter
and may provide such information in the form of a stormwater design
manual. This manual will include a list of acceptable stormwater treatment
practices, including the specific design criteria and operation and
maintenance requirements for each stormwater practice. The manual
may be updated and expanded from time to time, at the discretion of
the Planning Board, based on improvements in engineering, science,
monitoring and local maintenance experience. Stormwater treatment
practices that are designed and constructed in accordance with these
design and sizing criteria will be presumed to meet the minimum water
quality performance standards.
As used in this chapter, the following terms
shall have the meanings indicated:
Erosion caused by development activities that exceeds the
natural processes by which the surface of the land is worn away by
the action of water, wind, or chemical action.
A property owner or agent of a property owner who has filed
an application for a stormwater management permit.
A structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
The deliberate appropriation of property by its owner for
general public use.
The temporary storage of storm runoff in a stormwater management
practice with the goals of controlling peak discharge rates and providing
gravity settling of pollutants.
A detention basin or alternative structure designed for the
purpose of temporary storage of stream flow or surface runoff and
gradual release of stored water at controlled rates.
A person who undertakes land disturbance activities.
A legal right granted by a landowner to a grantee allowing
the use of private land for stormwater management purposes.
A plan that is designed to minimize the accelerated erosion
and sediment runoff at a site during construction activities.
An area where land use or activities generate highly contaminated
runoff, with concentrations of pollutants in excess of those typically
found in stormwater.
A Natural Resource Conservation Service classification system
in which soils are categorized into four runoff potential groups.
The groups range from A soils, with high permeability and little runoff
production, to D soils which have low permeability rates and produce
much more runoff.
Those surfaces that cannot effectively infiltrate rainfall
(e.g., building rooftops, pavement, sidewalks, driveways, etc).
A National Pollutant Discharge Elimination System permit
issued to a commercial industry or group of industries which regulates
the pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
Any structure or device designed to infiltrate retained water
to the subsurface. These facilities may be above grade or below grade.
The grading, digging, cutting, scraping, or excavating of
soil, placement of fill materials, paving, construction, substantial
removal of vegetation, or any activity which bares soil or rock or
involves the diversion or piping of any natural or man-made watercourse.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
A monetary compensation paid to a local government for failure
to meet pollutant load reduction targets.
The replenishment of underground water reserves.
Any construction, alteration or improvement exceeding 10,000
square feet in areas where existing land use is high-density commercial,
industrial, institutional or multifamily residential.
An order issued which requires that all construction activity
on a site be stopped.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
peak flow discharge rates and detrimental changes in stream temperature
that affect water quality and habitat.
A stormwater management practice designed for an existing
development site that previously had either no stormwater management
practice in place or a practice inadequate to meet the stormwater
management requirements of the site.
Flow on the surface of the ground, resulting from precipitation.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing or reducing
point source or nonpoint source pollution inputs to stormwater runoff
and water bodies.
The town of westerly shall incorporate the RIDEM Stormwater
Design Manual and Installation Manual, latest revision.
The storage needed to capture and treat 90% of the average
annual stormwater runoff volume. Numerically (WQv) will vary as a function of long-term rainfall statistical data.
A permanent or intermittent stream or other body of water,
either natural or man-made, that gathers or carries surface water.
A.
Permit required. No land owner or land operator shall
receive any of the building, grading or other land development permits
required for land disturbance activities without first meeting the
requirements of this chapter prior to commencing the proposed activity.
B.
Application requirements.
(1)
Unless specifically excluded by this chapter, any
land owner or operator desiring a permit for a land disturbance activity
shall submit to the Town Planner a permit application on a form provided
for that purpose.
(2)
Unless otherwise excepted by this chapter, a permit application must be accompanied by the following in order that the permit application be considered: a stormwater management concept plan; a maintenance agreement; and a nonrefundable permit review fee. The stormwater management plan shall be prepared to meet the requirements of § 224-10 of this chapter, the maintenance agreement shall be prepared to meet the requirements of § 224-16 of this chapter, and fees shall be those established by the Town of Westerly.
C.
Application procedure.
(1)
Applications for land disturbance activity permits
must be filed with the Town Planner on any regular business day.
(2)
A copy of this permit application shall be forwarded
to the Town Engineer for review.
(3)
Permit applications shall include the following: two
copies of the stormwater management concept plan, two copies of the
maintenance agreement, and any required review fees.
(4)
Within 30 business days of the receipt of a complete
permit application, including all documents as required by this chapter,
the Town of Westerly shall inform the applicant whether the application,
plan and maintenance agreement are approved or disapproved.
(5)
If the permit application, stormwater management plan
or maintenance agreement are disapproved, the applicant may revise
the stormwater management plan or agreement. If additional information
is submitted, the Town of Westerly shall have 30 business days from
the date the additional information is received to inform the applicant
that the plan and maintenance agreement are either approved or disapproved.
(6)
If the permit application, final stormwater management
plan and maintenance agreement are approved by the Town of Westerly,
all appropriate land disturbance activity permits shall be issued.
D.
Permit duration. Permits issued under this section
shall be valid from the date of issuance through the date the Town
of Westerly notifies the permit holder that all stormwater management
practices have passed the final inspection required under permit conditions,
or four years.
A.
Every applicant shall provide for stormwater management
as required by this chapter, unless a written request is filed to
waive this requirement. Requests to waive the stormwater management
plan requirements shall be submitted to the Town Planner for approval.
The minimum requirements for stormwater management may be waived in
whole or in part upon written request of the applicant, provided that
at least one of the following conditions applies:
(1)
It can be demonstrated that the proposed development
is not likely to impair attainment of the objectives of this chapter.
(2)
Provisions are made to manage stormwater by an off-site
facility. The off-site facility is required to be in place, to be
designed and adequately sized to provide a level of stormwater control
that is equal to or greater than that which would be afforded by on-site
practices and there is a legally obligated entity responsible for
long-term operation and maintenance of the stormwater practice.
(3)
The Town Planner or Town Engineer finds that meeting
the minimum on-site management requirements is not feasible due to
the natural or existing physical characteristics of a site.
(4)
Nonstructural practices will be used on the site that
shall reduce: the generation of stormwater from the site; the size
and cost of stormwater storage; and the pollutants generated at the
site. These nonstructural practices are explained in detail in the
current design manual and the amount of credit available for using
such practices shall be determined by the Town of Westerly.
B.
In instances where one of the conditions above applies,
the Town Planner or Town Engineer may grant a waiver from strict compliance
with these stormwater management provisions, as long as acceptable
mitigation measures are provided. However, to be eligible for a waiver,
the applicant must demonstrate to the satisfaction of the Town of
Westerly that the waiver will not result in impacts to downstream
waterways and shall provide a detailed analysis that would justify
issuing a permit.
Unless judged by the Town of Westerly to be
exempt or granted a waiver, the following performance criteria shall
be addressed for stormwater management at all sites:
A.
All site designs shall establish stormwater management
practices to control the peak flow rates of stormwater discharge associated
with specified design storms and reduce the generation of stormwater.
The stormwater management practice should conform to RIDEM best management
practices.
B.
All stormwater runoff generated from new development
shall not discharge untreated stormwater directly into a jurisdictional
wetland or local water body without adequate treatment. Where such
discharges are proposed, the impact of the proposal on wetland functional
values shall be assessed using a method acceptable to the Town of
Westerly. In no case shall the impact on functional values be any
less than allowed by the Army Corp of Engineers (ACE) or the appropriate
state agency (RIDEM or CRMC).
C.
Annual groundwater recharge rates should be maintained
by promoting infiltration through the use of structural and nonstructural
methods.
D.
For new development, structural stormwater treatment
practices shall be designed to remove 80% of the average annual postdevelopment
total suspended solids load (TSS). As defined by RIDEM BMPs.
E.
Protect stream channels from degradation, a specific
channel protection criteria shall be provided as prescribed in the
current stormwater manual.
F.
Stormwater discharges to critical areas with sensitive
resources (i.e., cold-water fisheries, shellfish beds, swimming beaches,
recharge areas, water supply reservoirs) may be subject to additional
performance criteria, or may need to utilize or restrict certain stormwater
management practices.
G.
Industrial sites are required to prepare and implement
a stormwater pollution prevention plan, and shall file a notice of
intent (NOI) under the provisions of the National Pollutant Discharge
Elimination System (NPDES) general permit. The stormwater pollution
prevention plan requirement applies to both existing and new industrial
sites.
H.
Prior to design, applicants are required to consult
with the Town Planner to determine if they are subject to additional
stormwater design requirements.
I.
Calculations for determining peak flows as found in
the stormwater design manual shall be used for sizing all stormwater
management practices.
A.
Minimum control requirements. All stormwater management
practices will be designed so that the specific storm frequency runoff
rates (e.g., water quality, channel protection, ten-year, one-hundred-year)
as identified in the current stormwater design manual are met, unless
the Town of Westerly grants the applicant a waiver or the applicant
is exempt from such requirements. In addition, if hydrologic or topographic
conditions warrant greater control than that provided by the minimum
control requirements, the Town of Westerly reserves the right to impose
any and all additional requirements deemed necessary to control the
rate of runoff, soil erosion and sediment discharge to protect and
maintain the health and welfare of the community.
B.
Site design feasibility.
(1)
Stormwater management practices for a site shall be
chosen based on the physical conditions of the site. Among the factors
that should be considered:
(2)
Applicants shall consult the stormwater design manual
for guidance on the factors that determine site design feasibility
when selecting a stormwater management practice.
C.
Conveyance issues.
(1)
All stormwater management practices shall be designed
to convey stormwater to allow for the maximum removal of pollutants
and reduction in flow velocities. This shall include, but not be limited
to:
(2)
The stormwater design manual shall provide detailed
guidance on the requirements for conveyance for each of the approved
stormwater management practices.
D.
Pretreatment requirements. Every stormwater treatment
practice shall have an acceptable form of water quality pretreatment,
in accordance with the pretreatment requirements found in the current
stormwater design manual.
E.
Treatment/geometry conditions. All stormwater management
practices shall be designed to capture and treat stormwater runoff
according to the specifications outlined in the stormwater design
manual. These specifications will designate the water quantity and
quality treatment criteria that apply to an approved stormwater management
practice. Certain stormwater treatment practices, as specified in
the stormwater design manual, are prohibited even with pretreatment
in the following circumstances:
(1)
Stormwater is generated from highly contaminated source
areas known as "hotspots."
(2)
Stormwater is carried in a conveyance system that
also carries contaminated, non-stormwater discharges.
(3)
Stormwater is being managed in a designated groundwater
recharge area.
(4)
Certain geologic conditions exist (e.g., karst) that
prohibit the proper pretreatment of stormwater.
F.
Landscaping plans required. All stormwater management
practices should have a landscaping plan detailing both the vegetation
to be in the practice and how and who will manage and maintain this
vegetation. This plan should be prepared by a registered landscape
architect.
G.
Maintenance agreements. All stormwater treatment practices
shall have an enforceable operation and maintenance agreement to ensure
the system functions as designed. This agreement will include any
and all maintenance easements required to access and inspect the stormwater
treatment practices and to perform routine maintenance as necessary
to ensure proper functioning of the stormwater treatment practice.
In addition, a legally binding covenant specifying the parties responsible
for the proper maintenance of all stormwater treatment practices shall
be secured prior to issuance of any permits for land disturbance activities.
H.
Nonstructural stormwater practices. The use of nonstructural
stormwater treatment practices is encouraged in order to minimize
the reliance on structural practices. Credit in the form of reductions
in the amount of stormwater that must be managed can be earned through
the use of nonstructural practices that reduce the generation of stormwater
from the site. These nonstructural practices are explained in detail
in the current stormwater design manual, and applicants wishing to
obtain credit for use of nonstructural practices must ensure that
these practices are documented and remain unaltered by subsequent
property owners.
A.
Stormwater management plan required for all developments.
Unless judged by the Town of Westerly to be exempt or granted a waiver,
no application for development will be approved unless it includes
a stormwater management plan detailing in concept how runoff and associated
water quality impacts resulting from the development will be controlled
or managed. This plan must be prepared by an individual approved by
the Town of Westerly and must indicate whether stormwater will be
managed on site or off site and, if on site, the general location
and type of practices. The stormwater management plan(s) shall be
referred for comment to all other interested agencies, and any comments
must be addressed in a final stormwater management plan. This final
plan must be signed by a Rhode Island licensed professional engineer
(PE), who will verify that the design of all stormwater management
practices meet the submittal requirements outlined in the submittal
checklist found in the stormwater design manual. No building, grading,
or sediment control permit shall be issued until a satisfactory final
stormwater management plan, or a waiver thereof, shall have undergone
a review and been approved by the Town of Westerly after determining
that the plan or waiver is consistent with the requirements of this
chapter.
B.
Performance bond/security.
(1)
The Town of Westerly may, at its discretion, require
the submittal of a performance security or bond prior to issuance
of a permit in order to insure that the stormwater practices are installed
by the permit holder as required by the approved stormwater management
plan. The amount of the installation performance security shall be
the total estimated construction cost of the stormwater management
practices approved under the permit, plus 25%. The performance security
shall contain forfeiture provisions for failure to complete work specified
in the stormwater management plan.
(2)
The installation performance security shall be released
in full only upon submission of as-built plans and written certification
by a Rhode Island registered professional engineer that the stormwater
practice has been installed in accordance with the approved plan and
other applicable provisions of this chapter. The Town of Westerly
will make a final inspection of the stormwater practice to ensure
that it is in compliance with the approved plan and the provisions
of this chapter. Provisions for a partial pro rata release of the
performance security based on the completion of various development
stages can be done at the discretion of the Town of Westerly.
A.
Notice of onstruction commencement. The applicant
must notify the Building Official and the Town Engineer, in advance,
before the commencement of construction. Regular inspections of the
stormwater management system construction shall be conducted by the
staff of the Town of Westerly and certified by a Rhode Island professional
engineer or his/her designee who has been approved by the Planning
Board. All inspections shall be documented and written reports prepared
that contain the following information:
B.
If any violations are found, the property owner shall
be notified in writing of the nature of the violation and the required
corrective actions. No added work shall proceed until any violations
are corrected and all work previously completed has received approval
by the Town of Westerly.
All applicants are required to submit as built
plans for any stormwater management practices located on-site after
final construction is completed. The plan must show the final design
specifications for all stormwater management facilities and must be
certified by a Rhode Island professional engineer or land surveyor.
A final inspection by the Town of Westerly is required before the
release of any performance securities can occur.
A.
Any area of land from which the natural vegetative
cover has been either partially or wholly cleared or removed by development
activities shall be revegetated within 10 days from the substantial
completion of such clearing and construction. The following criteria
shall apply to revegetation efforts:
(1)
Reseeding must be done with an annual or perennial
cover crop accompanied by placement of straw mulch or its equivalent
of sufficient coverage to control erosion until such time as the cover
crop is established over 90% of the seeded area.
(2)
Replanting with native woody and herbaceous vegetation
must be accompanied by placement of straw mulch or its equivalent
of sufficient coverage to control erosion until the plantings are
established and are capable of controlling erosion.
(3)
Any area of revegetation must exhibit survival of
a minimum of 75% of the cover crop throughout the year immediately
following revegetation. Revegetation must be repeated in successive
years until the minimum 75% survival for one year is achieved.
B.
In addition to the above requirements, a landscaping
plan must be submitted with the final design describing the vegetative
stabilization and management techniques to be used at a site after
construction is completed. This plan will explain not only how the
site will be stabilized after construction, but who will be responsible
for the maintenance of vegetation at the site and what practices will
be employed to ensure that adequate vegetative cover is preserved.
This plan must be prepared by a registered landscape architect, engineer
or land surveyor and must be approved prior to receiving a permit.
A.
Maintenance easement. Prior to the issuance of any
permit that has a stormwater management facility as one of the requirements
of the permit, the applicant or owner of the site must execute a maintenance
easement agreement that shall be binding on all subsequent owners
of land served by the stormwater management facility. The agreement
shall provide for access to the facility at reasonable times for periodic
inspection by the Town of Westerly, or their contractor or agent,
and for regular or special assessments of property owners to ensure
that the facility is maintained in proper working condition to meet
design standards and any other provisions established by this chapter.
The easement agreement shall be recorded by the Town of Westerly in
the land records.
B.
Maintenance covenants. Maintenance of all stormwater
management facilities shall be ensured through the creation of a formal
maintenance covenant that must be approved by the Town of Westerly
and recorded into the land record prior to final plan approval. As
part of the covenant, a schedule shall be developed for when and how
often maintenance will occur to ensure proper function of the stormwater
management facility. The covenant shall also include plans for periodic
inspections to ensure proper performance of the facility between scheduled
cleanouts. The Town of Westerly, in lieu of a maintenance covenant,
may accept dedication of any existing or future stormwater management
facility for maintenance, provided such facility meets all the requirements
of this chapter and includes adequate and perpetual access and sufficient
area, by easement or otherwise, for inspection and regular maintenance.
C.
Requirements for maintenance covenants. All stormwater
management facilities must undergo, at the minimum, an annual inspection
to document maintenance and repair needs and ensure compliance with
the requirements of this chapter and accomplishment of its purposes.
These needs may include: removal of silt, litter and other debris
from all catch basins, inlets and drainage pipes, grass cutting and
vegetation removal, and necessary replacement of landscape vegetation.
Any maintenance needs found must be addressed in a timely manner,
as determined by the Town of Westerly, and the inspection and maintenance
requirement may be increased as deemed necessary to ensure proper
functioning of the stormwater management facility. Inspections shall
be completed by the owner at the owner's expense with a report to
be submitted to the Town Building Official.
D.
Inspection of stormwater facilities. Inspection programs
may be established on any reasonable basis, including but not limited
to: routine inspections; random inspections; inspections based upon
complaints or other notice of possible violations; inspection of drainage
basins or areas identified as higher-than-typical sources of sediment
or other contaminants or pollutants; inspections of businesses or
industries of a type associated with higher-than-usual discharges
of contaminants or pollutants or with discharges of a type which are
more likely than the typical discharge to cause violations of state
or federal water or sediment quality standards or the NPDES stormwater
permit; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not
limited to: reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control
facilities; and evaluating the condition of drainage control facilities
and other stormwater treatment practices.
E.
Right-of-entry for inspection. When any new drainage
control facility is installed on private property, or when any new
connection is made between private property and a public drainage
control system, sanitary sewer or combined sewer, the property owner
shall grant to the Town of Westerly the right to enter the property
at reasonable times and in a reasonable manner for the purpose of
inspection. This includes the right to enter a property when it has
a reasonable basis to believe that a violation of this chapter is
occurring or has occurred, and to enter when necessary for abatement
of a public nuisance or correction of a violation of this chapter.
F.
Records of installation and maintenance activities.
Parties responsible for the operation and maintenance of a stormwater
management facility shall make records of the installation and of
all maintenance and repairs, and shall retain the records for at least
five years. These records shall be provided to the Town of Westerly
within 10 days of each occurrence.
G.
Failure to maintain practices. If a responsible party
fails or refuses to meet the requirements of the maintenance covenant,
the Town of Westerly, after reasonable notice, may correct a violation
of the design standards or maintenance needs by performing all necessary
work to place the facility in proper working condition. In the event
that the stormwater management facility becomes a danger to public
safety or public health, the Town of Westerly shall notify the party
responsible for maintenance of the stormwater management facility
in writing. Upon receipt of that notice, the responsible person shall
have 10 days to effect maintenance and repair of the facility in an
approved manner. After proper notice, the Town of Westerly may assess
the owner(s) of the facility for the cost of repair work and any penalties;
and the cost of the work shall be a lien on the property, or prorated
against the beneficial users of the property, and may be placed on
the tax bill and collected as ordinary taxes by the Town.
A.
Violations. Any development activity that is commenced
or is conducted contrary to this chapter may be restrained by injunction
or otherwise abated in a manner provided by law.
B.
Notice of violation. When the Town of Westerly determines
that an activity is not being carried out in accordance with the requirements
of this chapter, it shall issue a written notice of violation to the
owner of the property. The notice of violation shall contain:
(1)
The name and address of the owner or applicant.
(2)
The address when available or a description of the
building, structure or land upon which the violation is occurring.
(3)
A statement specifying the nature of the violation.
(4)
A description of the remedial measures necessary to
bring the development activity into compliance with this chapter and
a time schedule for the completion of such remedial action.
(5)
A statement of the penalty or penalties that shall
or may be assessed against the person to whom the notice of violation
is directed.
(6)
A statement that the determination of violation may
be appealed to the Town by filing a written notice of appeal within
15 days of service of notice of violation.
C.
Stop-work orders. Persons receiving a notice of violation
will be required to halt all construction activities. This stop-work
order will be in effect until the Town of Westerly confirms that the
development activity is in compliance and the violation has been satisfactorily
addressed. Failure to address a notice of violation in a timely manner
can result in civil, criminal, or monetary penalties in accordance
with the enforcement measures authorized in this chapter.
D.
Civil penalties. In addition to or as an alternative
to any penalty provided herein or by law, any person who violates
the provisions of this chapter shall be punished by a fine of not
less than $500. Such person shall be guilty of a separate offense
for each day during which the violation occurs or continues.
E.
Restoration of lands. Any violator may be required
to restore land to its undisturbed condition. In the event that restoration
is not undertaken within a reasonable time after notice, the Town
of Westerly may take necessary corrective action, the cost of which
shall become a lien upon the property until paid.
F.
Holds on occupation permits. Occupation permits will
not be granted until corrections to all stormwater practices have
been made and accepted by the Town of Westerly.
