[Ord. No. 92-4, art. IV, § 1(a), 3-18-1992]
(a) 
Generally. To obtain approval for a land disturbing activity as found applicable by the Building Official or his appointed agent under § 20-86, an applicant shall first file an erosion and sediment control plan signed by the owner of the property or authorized agent, on which property the work subject to approval is to be performed. The plan or drawings, as described in this division, shall include proposed erosion and sediment control measures to be employed by the applicant or the applicant's agent;
(b) 
State freshwater wetlands permit. Where any portion of a proposed development requires approval under the state Freshwater Wetlands Act (G.L. 1956, § 2-1-15 et seq.), 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 under this article for the development.
[Ord. No. 92-4, art. V, § 1(a), 3-18-1992]
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 copies of the plan shall be submitted to the Building Official or his appointed agent.
[Ord. No. 92-4, art. V, § 1(b), 3-18-1992]
The erosion and sediment control plan shall include sufficient information about the proposed activities and land parcel to form a clear basis for discussion and review and to ensure compliance with all applicable requirements of this article. 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 Service, state department of environmental management and state conservation committee, and at a minimum shall contain the following:
(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 map, existing site map and soil maps shall be provided as required by the Building Official or his appointed agent. Recent photographs of the site are very helpful.
(2) 
Construction drawing 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 drawing of measures; stockpiles and borrow areas; sequence and staging of land disturbing activities; cross sections; and other such information needed for construction.
(3) 
Other information or construction plans and details as deemed necessary by the Building Official or his appointed agent for thorough review of the plan prior to action being taken as prescribed in this article such as locus maps. Withholding or delaying such information may be reason for the building inspector or his appointed agent to judge the application as incomplete and grounds for disapproval.
[Ord. No. 92-4, art. V, § 1(c), 3-18-1992]
The contents of the erosion and sediment control plan shall clearly demonstrate how the performance principles, outlined as follows, 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) 
Postdevelopment 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 watercourses within the project locus shall be preserved to the greatest extent feasible.
(6) 
In general, drainage shall be directed away from structures intended for human occupancy or municipal or utility use or similar structures.
(7) 
All drainage provisions shall be of such a design and capacity 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 a minimum.
(8) 
Drainage facilities shall be installed as early as feasible during construction, prior to site clearance if possible.
(9) 
No fill shall be located adjacent to a watercourse.
(10) 
Temporary vegetation or mulching shall be used to protect bare areas and stockpiles from erosion during construction; the smallest areas feasible shall be exposed at any one time; disturbed areas shall be protected during the nongrowing months, November through March.
(11) 
Permanent vegetation shall be placed immediately following final grading.
(12) 
Trees and other existing vegetation shall be retained whenever feasible; the area within the dripline shall be fenced or roped off to protect trees from construction equipment.
(13) 
All areas damaged during construction shall be resodded, reseeded or otherwise restored. Monitoring and maintenance schedules, where required, shall be predetermined.
[Ord. No. 92-4, art. IV, § 1(b), 3-18-1992]
An application for review of soil erosion and sediment control plans submitted under this division shall require a nonrefundable filing fee paid to the Town. Such fees shall be according to the schedule established from time to time by the Town Council and on file in the Town Clerk's office.
[Ord. No. 92-4, art. IV, § 1(c), 3-18-1992]
(a) 
Within 10 working days of the receipt of a completed soil erosion and sediment control plan, five copies of which shall be submitted, the Building Official or his 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 community development and conservation commission, for the purpose of review and comment. The Building Official or his appointed agent may also, within the time frame established in this division, 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 article. Failure of such reviewing authorities to respond within 21 days of their receipt of the plan shall be deemed as no objection to the plan as submitted.
(b) 
The time allowed for plan review shall be commensurate within the proposed development project and shall be done simultaneously with other reviews.
[Ord. No. 92-4, art. IV, § 1(d), 3-18-1992]
(a) 
The Building Official or his appointed agent shall take action, in writing, either approving or disapproving the soil erosion and sediment control plan with reasons stated within 10 days after the Building Official or his appointed agent has received the written opinion of the review authorities mentioned in § 20-106.
(b) 
In approving a plan, the Building Official or his appointed agent may attach such conditions deemed reasonably necessary by such review authorities to further the purposes of this article. The conditions pertaining to erosion and sediment control measures and 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 work and the sequence or timing thereof. The applicant or owner shall notify the Building Official or his appointed agent at least 72 hours in advance of his intent to begin clearing and construction work described in the erosion and sediment control plan on the site during grading and construction.
[Ord. No. 92-4, art. VIII, § 1(a), 3-18-1992]
If, at any stage, the work in progress or work 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 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 § 20-67. Failure to comply with the required corrections within the specified time limit shall be considered in violation of this article, in which case the performance bond or cash or negotiable securities deposit shall be subject to notice of default in accordance with § 20-66.
[Ord. No. 92-4, art. IV, § 1(e), 3-18-1992]
(a) 
Administrative procedures.
(1) 
If the ruling on the soil erosion and sediment control plan by the building inspector or his appointed agent is unsatisfactory to the applicant or owner, the applicant or owner may file a written appeal. The appeal of plans for soil erosion and sediment control shall be to the Planning Board.
(2) 
Appeal procedures shall follow the requirement for appeal to the Planning Board.
(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 appointed agent shall remain in effect.
(b) 
Expert opinion. The Building Official or his appointed agent or the 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 or his appointed agent as a public record prior to the appeal hearing. The cost of securing such expert opinion shall be borne equally by the Town and the developer proposing the alteration.