[HISTORY: Adopted by the Town Council of the Town of Charlestown 6-12-2017 by Ord. No. 376. Amendments noted where applicable.]
A.
The Town Council of the Town of Charlestown finds that excessive
quantities of soil can erode 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 and
road ditches, muddies streams, leaves deposits of silt in ponds and
reservoirs, and is considered by the RI Department of Environmental
Management ("RIDEM") to be a major water pollutant. Construction debris,
litter and spills also clog the storm water management system and
contaminate surface and ground water.
B.
The purpose of this ordinance is to control the discharge of construction
waste and prevent soil erosion and sedimentation from occurring as
a result of non-agricultural development within the Town of Charlestown
("Town") by requiring proper provisions for water disposal, construction
waste management 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 ordinance is applicable to any situation involving any disturbance to the terrain, topsoil or vegetative ground cover upon any property within the Town after a determination of applicability by the building official or his or her designee based upon criteria outlined in Section 174-3. Compliance with the requirements as described in this ordinance shall not be construed to relieve the owner/applicant of any obligations to obtain necessary state or federal permits.
A.
It is unlawful for any person to disturb any existing vegetation, grades, and contours of land in a manner which may affect the quality of storm water discharges associated with a construction activity, without first applying for a determination of applicability from the building official or his or her designee, except activities deemed exempt from a Determination of Applicability as listed in Section 174-3, D., herein. The following activities shall be determined to be subject to the requirements of this ordinance:
(1)
All activities disturbing a total area equal to or greater than one
acre including disturbances less than one acre if part of a larger
common plan and any activity that requires permit approval by either
the RIDEM or Coastal Resources Management Council ("CRMC").
B.
Upon determination of applicability, the owner/applicant shall submit a Soil Erosion and Sediment Control plan for approval by the building official or his or her designee, as provided in Section 174-4.
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 or his or her designee 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 or his or her designee shall consider site topography, drainage patterns, soils, proximity to watercourses, and other information deemed appropriate by the building official or his or her designee. Where less than a total of one acre is disturbed, a particular land disturbing activity shall not be subject to the requirements of this ordinance if the building official or his or 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 in Section 174-9. The current "Rhode Island Soil Erosion and Sediment Control Handbook," prepared by the U.S. Department of Agriculture - Natural Resources Conservation Service, RIDEM and R.I. State Conservation Committee shall be consulted in making this determination.
In making this determination, the building official will also
take into consideration the sensitivity of the waterbody to which
the site drains. A waterbody and its watershed will be considered
sensitive if a Total Maximum Daily Load or Special Area Management
Plan is written or under development for it, or it is included on
RIDEM's 303(d) list, or is included on RIDEM's list of Special
Resource Protection Waters (Appendix G of the Water Quality Regulations),
or has been noted by the Town to be of special concern.
C.
This ordinance shall not apply to existing quarrying operations actively
engaged in excavating rock but shall apply to sand and gravel extraction
operations.
D.
No determination of applicability is required for the following:
(1)
Construction, alteration, or use of any additions to existing single
family or duplex homes or related structures; provided, that the grounds
coverage of addition is less than one thousand (1,000) square feet,
and construction, alteration and use does not occur within one hundred
(100') feet of any watercourse or coastal feature, and the slopes
at the site of land disturbance do not exceed ten percent (10%).
(2)
Use of a home garden in association with onsite residential use.
(3)
Accepted agricultural management measures such as seasonal tilling
and harvest activities associated with property utilized for private
and/or commercial agricultural or silvicultural purposes.
(4)
Excavations for improvements other than those described in subsection
(D)(1) of this Section which exhibit all of the following characteristics:
(a)
Does not result in a total displacement of more than fifty (50)
cubic yards of material;
(b)
Has no slopes steeper than ten feet (10') vertical in one
hundred feet (100') horizontal or approximately ten percent (10%);
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 erosive
actions, and all of the following conditions are met:
(a)
The aggregate area of activity does not exceed two thousand
(2,000) square feet; and
(b)
The change of elevation does not exceed two feet (2') at
any point; and
(c)
The grading does not involve a quantity of fill greater than
eighteen (18) cubic yards; 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 Town of Charlestown under the direction and supervision of the director of public works for work on streets, roads, or rights-of-way dedicated to public use; provided that adequate and acceptable erosion and sediment controls and controls for other construction wastes are incorporated, in engineering plans and specifications, and employed. Appropriate controls apply during construction as well as after the completion of these activities. All work shall be undertaken in accordance with the performance principles provided for in Section 174-5, subsection (c) and the standards and definitions that may be adopted to implement the performance principles, and
(7)
The installation of any RIDEM permitted on-site wastewater treatment
system (OWTS).
A.
To obtain approval for a land disturbing activity as found applicable by the building official or his or her designee under section 174-3, an applicant shall first file an erosion and sediment control plan if the site is less than one (1) acre in size, or if the site is a total of one (1) acre or greater in size they shall submit a Stormwater Pollution Prevention Plan ("SWPPP") signed by the 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 174-5, shall include proposed erosion and sediment control measures to be employed by the applicant or the applicant's agent.
B.
R.I. Freshwater Wetlands Permit: Where any portion of a proposed
development requires approval under any provision of the general laws
approved by the general assembly or 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
or SWPPP required under this ordinance for the development.
C.
Construction General Permit: In those cases where a SWPPP is submitted,
the applicant will also submit a copy of the Notice of Intent.
D.
The building official shall collect plan review and inspection fees
in accordance with the fee schedule established by town council resolution,
as amended, from each applicant requesting approval of a soil erosion,
runoff and sediment control plan for the purposes of administering
this chapter.
E.
Plan Submittal Process.
(1)
Within five (5) working days of the receipt of a completed plan,
the building official or his or her designee shall send a copy of
the plan to the review authorities which may include the public works
department, the planning commission or planning department, and conservation
commission for the purpose of review and comment. The building official
or his or her designee may also, within five (5) working days, submit
copies of the plan to other local departments or agencies, including
the conservation district that services their county, in order to
better achieve the purposes of this chapter. Failure of these review
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 with the proposed
development project, and shall be done simultaneously with other reviews.
(3)
The building official or his or her designee shall take action in
writing, either approving or disapproving the plan, with reasons stated
within ten (10) days after the building official has received the
written opinion of the review authorities.
(4)
In approving a plan, the building official or his or her designee
may attach conditions deemed reasonably necessary by the review authorities
to further the purposes of this ordinance. 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 of the work. The applicant/owner shall notify the
building inspector, or his or her designee, in advance of his or her
intent to begin clearing and construction work described in the erosion
and sediment control plan or SWPPP. The applicant shall have the erosion
and sediment control plan or SWPPP on the site during grading and
construction.
F.
Administrative procedures:
(1)
If the ruling made by the building official or his or 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 appeal to
the above-mentioned boards.
(3)
During the period in which the request for appeal is filed, and until
the time that a final decision is rendered on the appeal, the decision
of the Building Official or his or her designee remains in effect.
(4)
Expert opinion: The official, or his or her designee, the zoning
board of review, or other 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 or her designee, as a public record prior to the appeals hearing.
A.
The erosion and sediment control plan and/or SWPPP shall be prepared
by a registered engineer or landscape architect or a CPESC, Inc. certified
erosion and sediment control specialist, and copies of the plan shall
be submitted to the building official or his or her designee.
The erosion and sediment control plan or SWPPP shall include
sufficient information about the proposed activities and land parcels
to form a clear basis for discussion and review and to assure compliance
with all applicable requirements of this chapter.
The erosion and sediment control plan for proposed activities
disturbing a total of one (1) acre or greater shall be prepared in
conformance with the requirements for a SWPPP as provided in the RI
Department of Environmental Management's General Permit for Storm
Water Discharge Associated with Construction Activity. For sites disturbing
less than one acre, 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 — Natural Resources
Conservation Service, RIDEM, R.I. State Conservation Committee, and
at a minimum, shall contain:
(1)
A brief narrative describing the proposed land disturbing activity
and the soil erosion and sediment control measures, waste management
measures and stormwater management measures to be installed to control
erosion that could result from the proposed activity.
(2)
Construction drawings in detail commensurate with the size of the
project, sensitivity of the potentially impacted waterbody and distance
to water and/or storm sewer system. These drawings will illustrate
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; waste collection and burial areas; concrete
truck wash out sites; sequence and staging of land disturbing activities;
and other information needed for construction.
(3)
A schedule showing the sequence of construction and inspection and
maintenance of erosion and sediment control and waste control measures.
(4)
All applicants shall provide other information or construction plans
and details as deemed necessary by the building official or his or
her designee for a thorough review of the plan prior to action being
taken as prescribed in this chapter. Withholding or delay of information
may be reasons for the building official or his or her designee to
judge the application as incomplete and providing grounds for disapproval
of the application.
B.
The contents of the erosion and sediment control plan shall clearly
demonstrate how the principles, outlined in this subsection, 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
and topography.
(2)
To the extent possible, steep slopes shall be avoided.
(3)
The grade of created slopes shall be minimized.
(4)
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.
(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, municipal or utility use, or similar structures.
(7)
All drainage provisions shall be of 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.
(8)
Drainage facilities shall be installed as early as feasible during
construction, prior to site clearance, if possible.
(9)
Fill located adjacent to watercourses shall be suitably protected
from erosion by means of riprap, gabions, retaining walls, vegetative
stabilization, or similar measures.
(10)
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.
(11)
Permanent vegetation shall be placed immediately following fine
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)
Construction wastes will be managed to reduce the potential
for stormwater runoff to mobilize these wastes and subsequently contaminate
surface or ground water. The storage, disposal, or use as fill of
material containing asphalt, concrete, construction debris or stumps,
even if determined to be non-hazardous, is prohibited.
(14)
All areas damaged during construction shall be re-sodded, reseeded,
or otherwise restored. Where soil compaction has occurred through
storage of materials or use of equipment, soil infiltration shall
be restored through use of soil amendments or other means. Monitoring
and maintenance schedules, where required, shall be predetermined.
C.
The building official and/or his or her designee shall accept plans
for existing uses and facilities which by their nature may cause erosion
and sedimentation, such as excavation and quarrying operations; provided
that this section shall not apply to 174-3. A. Plans or satisfactory
evidence to demonstrate that the existing operations accomplish the
objectives of the section shall be submitted to the Building Official
and/or his/her designee within one hundred twenty (120) days from
the date of the determination of applicability. Implementation of
the plan shall be initiated upon approval of the plan.
D.
When the preexisting use is a gravel extraction operation, the property
owner shall conduct the operation in a manner so as not to devalue
abutting properties; to protect abutting property from wind erosion
and soil erosion due to increased runoff, sedimentation of reservoirs,
and drainage systems; and to limit the depth of extraction so as not
to interfere with the existing nearby water table.
A.
Performance bond
(1)
Before approving an erosion sediment control plan or SWPPP, the building
official or his or her designee may require the applicant/owner to
file a surety company performance bond, deposit of money, negotiable
securities, or other method of surety, as specified by the building
official or his or her designee. The amount of the bond, as determined
by the public works department, or in its absence, the building official
or his or her designee, 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 public works director and 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 requirements of this ordinance.
(4)
Whenever the building official or his or her designee finds that
a default has occurred in the performance of any terms or conditions
of the bond or in the implementation of measures secured by the bond,
written notice shall be made to the applicant and to the surety of
the bond by the municipal solicitor. The notice shall state the nature
of default, work to be done, the estimated cost, and the period of
time deemed by the Building Official or his or her designee to be
reasonably necessary for the completion of the work.
(5)
Failure of the applicant to acknowledge and comply with the provisions
and deadlines outlined in the notice of default means 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.
If a cash or negotiable securities deposit has been posted by
the applicant, notice and procedure are the same as provided for in
subsection (b) of this section.
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 or his or her
designee.
B.
Approval — expiration — renewal.
(1)
Every approval granted in this ordinance shall expire at the end
of the time period established in the conditions. The developer shall
fully perform and complete all of the work required within the specified
time period.
(2)
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 or his or her designee, stating the underlying
reasons for the requested time extension. If the extension is warranted,
the building official or his or 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 may be granted
at the discretion of the building official.
C.
Maintenance of measures. Maintenance of all erosion sediment control
devices under this ordinance 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.
D.
Liability of applicant. Neither approval of an erosion and sediment
control plan nor 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 Town for damages
to persons or property.
The provisions of this ordinance 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.
A.
The owner or his/her agent shall make regular inspections of all
control measures in accordance with the inspection schedule outlined
on the approved Erosion and Sediment Control Plan. The purpose of
such inspections will be to determine the overall effectiveness of
the control plan and the need for additional control measures. All
inspections shall be conducted by a properly trained professional
recognized as a CESSWI by the CPESC, Inc. All inspections shall be
documented in written form and submitted to the building official
as requested.
B.
The building official or his or her designee will perform a minimum
of two (2) inspections; one during construction and one after final
stabilization of the site. The developer or owner shall notify the
building official of the installation of erosion and sediment control
measures, in order for an inspection to be performed during the construction
phase of the project. The building official or his/her designee will
confirm that wastes are controlled and that the erosion and sediment
control measures are installed as planned, meet the needs of the site
and conform with the RI Erosion & Sediment Control Handbook.
C.
Upon completion of all work, the developer or owner shall notify
the building official or his or 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 ordinance.
(1)
Upon notification of the completion by the owner, the building official
or his or 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.
(2)
The applicant/owner may request the release of his or her performance
bond from the building official or his or her designee twelve (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 building official or his or her designee has been notified by
the Town planner of successful completion of all plat improvements
by the applicant/owner.
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 or
his or her designee to comply shall be transmitted by certified mail
to the owner.
The notice shall state the nature of the temporary and permanent corrections required, and the time limit within which corrections shall be completed as established in section B.(2) of this section. Failure to comply with the required corrections within the specified time limit is considered a violation of this ordinance, in which case the performance bond or cash or negotiable securities deposit is subject to notice of default, in accordance with section 174-6.
B.
Penalties.
(1)
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:
(a)
Violation of any condition of the approved plan, or specifications
pertaining to it;
(b)
Violation of any provision of this ordinance or any other applicable
law, ordinance, rule, or regulation related to the work or site of
work;
(c)
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 ordinance.
(2)
Whenever there is a failure to comply with the provisions of this
ordinance, the Town has the right to notify the applicant/owner that
he or she has five (5) days from the 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 five (5)
day period and the permanent corrective measures within the thirty
(30) day period, the Town then has 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 does 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 ordinance, including revocation
of the performance bond or assessment of a lien on the property by
the Town.
(a)
In addition to any other penalties provided in this section,
the Town is authorized and empowered to provide by local ordinance
for penalties and/or fines of not more than two hundred fifty dollars
($250) for failure to submit plans on or before the date on which
the plan must be submitted, as stated in the determination of applicability.
Each day that the plan is not submitted constitutes a separate offense.
Any persons, corporation, or public or private organization
proposing a development which would involve disturbance to the natural
terrain as defined in this ordinance.
Coastal beaches and dunes, barrier beaches, coastal wetlands,
coastal cliffs, bluffs, and banks, rocky shores, and manmade shorelines
as defined in "The State of Rhode Island Coastal Resources Management
Program" as amended June 28, 1983.
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.
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 of Charlestown.
An area in which the natural vegetative soil cover has been
removed or altered and, therefore, susceptible to erosion.
The removal of mineral and/or organic matter by the action
of wind, water, and/or gravity.
Any act by which earth, sand, gravel, or any other similar
material is dug into, cut, removed, displaced, relocated, or bulldozed,
and includes the resulting conditions.
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.
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.
Line delineating the boundary of the area to be disturbed
during a development or redevelopment project. Area outside this boundary
shall not be touched.
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.
Solid material, both mineral and/or organic, that is in suspension,
is being transported, or has been moved from its site or origin by
wind, water, and/or gravity as a product of erosion.
Any material, such as compost, lime, animal manures, crop
residues, etc., that is worked into the soil. Generally pertains to
materials other than fertilizers.
The approved document required before any person may cause
a disturbance to the natural terrain within the Town of Charlestown
as regulated by this ordinance. Also, referred to as erosion and sediment
control plan, approved plan.
The term watercourse means 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 shall
be used for delineation purposes.
