Town of Johnston, RI
Providence County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Johnston as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 118.
Development impact fees — See Ch. 149.
Excavations — See Ch. 161.
Stormwater control — See Ch, 298.
Subdivision of land — See Ch. 303.
Zoning — See Ch. 340.
[Adopted 2-13-2006 by Ord. No. 2005-28[1]]
[1]
Editor's Note: This chapter superseded former Ch. 291, Soil Erosion and Sediment Control, adopted 6-14-2004 by Ord. No. 2004-9.
A. 
The Town Council finds that excessive quantities of soil are eroding from certain areas that are undergoing development for nonagricultural 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 a major water pollutant.
B. 
The purpose of this chapter is to prevent soil erosion and sedimentation from occurring as a result of nonagricultural development within the Town by requiring proper provisions for water disposal, and the protection of soil surfaces during and after construction, in order to promote the safety, public health, and general welfare of the Town.
This chapter is applicable to any situation involving any disturbance to the terrain, topsoil or vegetative ground cover upon any property within the Town of Johnston after determination of applicability by the Building Official or his or her designee based upon criteria outlined in § 291-3. 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 or federal permits.
A. 
It is unlawful for any person to disturb any existing vegetation, grades, and contours of land in a manner that may increase the potential for soil erosion without first applying for a determination of applicability from the Building Official or his or her designee.
(1) 
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 § 291-4. 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 this chapter 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. A particular land-disturbing activity shall not be subject to the requirements of this chapter 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 watercourse, as defined in § 291-13. The current versions of the RIDEM "Stormwater Management Plan Guide," "Rhode Island Stormwater Design and Installation Standards Manual," and "Stormwater Guide for Individual Single-Family Residential Lot Development," as amended, shall be consulted in making this determination.
[Amended 12-12-2011 by Ord. No. 2011-27]
(2) 
This chapter shall not apply to existing quarrying operations actively engaged in excavating rock but shall apply to sand and gravel extraction operations. This chapter shall apply to any new quarrying operations.
B. 
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 ground coverage of the addition is less than 1,000 square feet and construction, alteration and use does not occur within 100 feet of any watercourse and the slopes at the site of land disturbance do not exceed 8%.
(2) 
Use of a home garden in association with on-site residential use.
(3) 
Accepted agricultural management practices such as seasonal tilling and harvest activities associated with property utilized for private and/or commercial agricultural or silvacultural purposes.
(4) 
Excavations for improvements other than those described in Subsection B(1) of this section which exhibit all of the following characteristics:
(a) 
Does not result in a total displacement of more than 50 cubic yards of material;
(b) 
Has no slopes steeper than eight feet vertical in 100 feet horizontal or approximately 8%; 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 2,000 square feet; and
(b) 
The change of elevation does not exceed two feet at any point; and
(c) 
The grading does not involve a quantity of fill greater than 18 cubic yards, except where fill is excavated from another portion of the same parcel and the quantity does not exceed 50 cubic yards.
(6) 
Grading, filling, removal, or excavation activities and operations undertaken by the Town 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 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 § 291-5C and the standards and definitions that may be adopted to implement the performance principles.
A. 
Plan.
(1) 
To obtain approval for a land-disturbing activity as found applicable by the Building Official or his or her designee under § 291-3, an applicant shall first file an erosion and sediment control plan 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 § 291-5, shall include proposed erosion and sediment control measures to be employed by the applicant or the applicant’s agent. Stormwater management plans for projects on individual single-family residential lots that create 600 square feet or more of new impervious surface area shall meet the standards of the "State of Rhode Island Stormwater Management Guidance for Individual Single-Family Residential Lot Development."
[Amended 12-12-2011 by Ord. No. 2011-28]
(2) 
Rhode Island 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 required under this chapter for the development.
B. 
Fees. The fees for the soil and erosion control permits and inspections shall be those fees adopted in the Town of Johnston Ordinance 2003-6, "An Ordinance Establishing Engineering Operations in the Town of Johnston."
C. 
Plan review.
(1) 
Within five 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 Board or the Planning Department, for the purpose of review and comment. The Building Official or his or her designee may also, within five 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 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.
D. 
Plan approval.
(1) 
The Building Official or his or her designee shall take action in writing, either approving or disapproving the plan, with reasons stated within 10 days after the Building Official has received the written opinion of the review authorities.
(2) 
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 chapter. The conditions pertaining to erosion and sediment control measures and/or devices may include, but are not limited to, the erection of walls, drains, dams, and structures, planting vegetation, trees and shrubs, furnishings, necessary easements, and specifying a method of performing various kinds of work, and the sequence or timing of the work. The applicant/owner shall notify the Building Official, 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. The applicant shall have the erosion and sediment control plan on the site during grading and construction.
E. 
Appeals.
(1) 
Administrative procedures,
(a) 
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 or other appropriate board of review, as determined by the Town Council.
(b) 
Appeal procedures shall follow current requirements for appeal to the above-mentioned boards.
(c) 
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.
(2) 
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. 
Plan preparation. The erosion and sediment control plan shall be prepared by a registered engineer, or a landscape architect or a Soil and Water Conservation Society certified erosion and sediment control specialist, and copies of the plan shall be submitted to the Building Official or his or her designee.
B. 
Plan contents. The erosion and sediment control plan 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 plan shall be consistent with the data collection, data analysis, and plan preparation guidelines in the current versions of the RIDEM "Stormwater Management Plan Guide." "Rhode Island Stormwater Design and Installation Standards Manual," and the "Stormwater Guide for Individual Single-Family Residential Lot Development," as amended, and, at a minimum, shall contain:
[Amended 12-12-2011 by Ord. No. 2011-29]
(1) 
A narrative describing the proposed land-disturbing activity and the soil erosion and sediment control measures and stormwater management measures to be installed to control erosion that could result from the proposed activity. Supporting documentation, such as a drainage area, existing site, and soil maps, shall be provided as required by the Building Official or his or her designee.
(2) 
Construction drawings illustrating in detail existing and proposed contours, drainage features, and vegetation; limits of clearing and grading, the location of soil erosion and sediment control and stormwater management measures; detail drawings of measures; stockpiles and borrow areas; sequence and staging of land-disturbing activities; and other information needed for construction.
(3) 
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.
C. 
Performance principles. 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) 
Postdevelopment runoff rates should not exceed predevelopment rates, consistent with other stormwater requirements that 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 that 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 nongrowing 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) 
All areas damaged during construction shall be resodded, reseeded, or otherwise restored. Monitoring and maintenance schedules, where required, shall be predetermined.
D. 
Existing uses and facilities.
(1) 
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 § 291-3A. 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 120 days from the date of the determination of applicability. Implementation of the plan shall be initiated upon approval of the plan.
(2) 
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 and sediment control plan, 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. When any land-disturbing activity is to take place within 100 feet of any watercourse or coastal feature or within an identified flood hazard district or on slopes in excess of 10%, the filing of a performance bond shall be required. The amount of the bond, as determined by 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 Building Official or his or her designee.
(3) 
An automatically renewing performance bond for an erosion and 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 chapter.
B. 
Notice of default on performance secured by bond.
(1) 
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 Town Solicitor. The notice shall state the nature of the default, the 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.
(2) 
Failure of the applicant to acknowledge and comply with the provisions and deadlines outlined in the notice of default means the institution, by Town Solicitor, without further notice of proceedings whatsoever, of appropriate measures to utilize the performance bond, to cause the required work to be completed by the Town, by contract or by other appropriate means as determined by the Town Solicitor.
C. 
Notice of default on performance secured by cash or negotiable securities deposit. If 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.
D. 
Term of bond requirement. The performance bonding requirement shall remain in full force and effect for 12 months following completion of the project, or longer if deemed necessary by the Building Official or his or her designee.
A. 
Every approval granted in this chapter 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.
B. 
If the developer is unable to complete the work within the designated time period, he or she shall, at least 30 days prior to the expiration date, submit a written request for an extension of time to the Building Official, or his 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.
Maintenance of all erosion and sediment control devices under this chapter shall be the responsibility of the owner. The erosion and 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.
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 city or Town for damages to persons or property.
A. 
Periodic inspections. The provisions of this chapter shall be administered and enforced by the Building Official or his or her designee. All work shall be subject to periodic inspections by the Building Official or his or her designee. All work shall be performed in accordance with an inspection and construction control schedule approved by the Building Official or his or her designee, who shall maintain a permanent file on all of his or her inspections. Upon completion of the work, the developer or owner 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 have 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 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 Building Department. On projects that the Public Works Department is involved in, a copy of the final summary inspection report shall be placed 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 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.
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.
A. 
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 § 291-12B of this chapter.
B. 
Failure to comply with the required corrections within the specified time limit is considered a violation of this chapter, in which case the performance bond or cash or negotiable securities deposit is subject to notice of default, in accordance with § 291-6B and C of this chapter.
A. 
Revocation or suspension of approval. The approval of an erosion and sediment control plan under this chapter may be revoked or suspended by the Building Official and all work on the project halted for an indefinite time period by the Building Official after written notification is transmitted by the Building Official to the developer for one or more of the following reasons:
(1) 
Violation of any condition of the approved plan or specifications pertaining to it;
(2) 
Violation of any provision of this chapter or any other applicable law, ordinance, rule, or regulation related to the work or site of work; 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 or intent of this chapter.
B. 
Other penalties.
(1) 
In addition, whenever there is a failure to comply with the provisions of this chapter, the city or Town has the right to notify the applicant/owner that he or she has five days from the receipt of notice to temporarily correct the violations and 30 days from receipt of notice to permanently correct the violations.
(2) 
Should the applicant/owner fail to take the temporary corrective measures within the five-day period and the permanent corrective measures within the thirty-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 Town, and the lien does incur legal interest from the date of recording.
(3) 
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 or Town.
C. 
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 $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.
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Any persons, corporation, or public or private organization proposing a development that would involve disturbance to the natural terrain as defined in this chapter.
CUT
An excavation. The difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation.
DEVELOPMENT PROJECT
Any construction, reconstruction, demolition, or removal of structures, roadways, parking, or other paved areas, utilities, or other similar facilities, including any action requiring a building permit by the city or Town.
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, or any other similar material is dug into, cut, removed, displaced, relocated, or bulldozed, and includes the resulting conditions.
FILL
Any act by which earth, sand, or other material is placed or moved to a new location above the 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 that includes such actions as clearance of vegetation, the moving or filling of land, removal or excavation of soil or mineral resources, or similar activities.
RUNOFF
The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow, and including seepage flows that do not enter the soil but run off the surface of the land. Also, that portion of water that is not absorbed by the soil but runs off the land surface.
SEDIMENT
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.
SOIL EROSION AND SEDIMENT CONTROL PLAN
The approved document required before any person may cause a disturbance to the natural terrain within the city or Town as regulated by this chapter. Also referred to as "erosion and sediment control plan," "approved plan."
WATERCOURSE
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.
[Adopted 8-9-2011 by Ord. No. 2011-9]
A. 
Through this article, the Town seeks to assure that soil erosion control and stormwater runoff control systems are incorporated into site planning at an early stage in the planning and design process. Chapter 291, § 291-14, shall be applicable in any situation involving any disturbance to the natural terrain, topsoil or vegetative ground cover of one acre or more in area upon any property located in the Town of Johnston, including but not limited to:
(1) 
Any land-disturbing activities subject to the Town of Johnston Subdivision and Land Development Regulations,[1] latest revisions;
[1]
Editor's Note: See Ch. 303, Subdivision of Land.
(2) 
Any land-disturbing activities equal to or greater than one acre in size;
(3) 
Any land-disturbing activities which require Rhode Island Department of Environmental Management permitting;
(4) 
Any redevelopment projects with land-disturbing activities greater than one acre; and
(5) 
All projects undertaken by the Town of Johnston through private contractors or through the Department of Public Works resulting in land-disturbing activities greater than one acre.
B. 
An owner of property may obtain a determination as to the applicability of this article to his or her property by filing a request with the Town of Johnston Engineering Department. If the Town Engineer determines that this chapter applies to a certain parcel of land, the owner must submit plans as required under the articles set forth herein.
No permit for construction/post-construction site runoff shall be required for the following activities:
A. 
Construction, alteration, or use of any additions to existing single-family or duplex homes or related structures, provided that the ground coverage of any addition is less than 1,000 square feet and construction, alteration and use does not occur within 100 feet of any watercourse and the slopes at the site of land-disturbance do not exceed 8%.
B. 
Use of a home garden in association with on-site residential use.
C. 
Accepted agricultural management practices such as seasonal tilling and harvest activities associated with property utilized for private and/or commercial agricultural or silvacultural purposes.
D. 
Excavations or improvements other than those described in Subsection A(1) of this section which exhibit all of the following characteristics:
(1) 
Does not result in a total displacement of more than 50 cubic yards of material;
(2) 
Has no slopes steeper than eight feet vertical and 100 feet horizontal or approximately 8%;
(3) 
Has all disturbed surface areas promptly and effectively protected to prevent soil erosion and sedimentation.
E. 
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:
(1) 
The aggregate area of activity does not exceed 2,000 square feet;
(2) 
The change in elevation does not exceed two feet at any point; and
(3) 
The grading does not involve a quantity of fill greater than 18 cubic yards, except where fill is excavated from another portion of the same parcel and the quantity does not exceed 50 cubic yards.
F. 
Grading, filling, removal, or excavation activities and operations undertaken by the Town under the direction and supervision of the Department of Public Works for work on streets, roads, or rights-of-ways dedicated to public use, provided that adequate and acceptable erosion and sediment controls 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 § 291-5C and the standards and definitions that may be adopted to implement the performance principles.
G. 
Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
A. 
Unless expressly excluded by this article, any landowner or operator desiring to perform a land-disturbance activity applicable to this article shall submit to the Town of Johnston Engineering Department a stormwater management permit application on the form provided by said office for that purpose.
B. 
Unless otherwise exempted by this article, a stormwater management permit application must be accompanied by the following for the permit application to be considered:
(1) 
Construction plan set designed by a professional engineer registered in the State of Rhode Island;
(2) 
Stormwater management report prepared by a professional engineer registered in the State of Rhode Island;
(3) 
Best management practices maintenance agreement forms;
(4) 
A nonrefundable permit review fee in accordance with Ordinance No. 2003-6, "An Ordinance Establishing Engineering Operations in the Town of Johnston,"[1] and
[1]
Editor's Note: See Ch. 157, Engineering Operations.
(5) 
All required RIDEM and/or RIDOT permits as applicable.
A. 
Any owner of property may obtain a determination as to the applicability of this article to his or her property by filing a request thereof with the Town of Johnston Engineering Department. If the Town Engineer determines that this chapter applies to the subject parcel of land, the owner must submit plans as required herein.
B. 
Application. The applicant shall first file a stormwater management permit application with the Town of Johnston Engineering Department signed by the property owner, or authorized agent, on which the work subject to approval is to be performed. The application shall include the information required in § 291-16B.
C. 
Meetings with Town Engineer. All applicants are encouraged to hold a presubmittal consultation meeting with the Town Engineer to discuss potential approaches for stormwater design and opportunities to use design techniques to reduce runoff rates, volumes and pollutant loads. In addition, the applicant or his representatives shall meet on site with a designee of the Town Engineer's office prior to development of the stormwater management plan for the purpose of verifying the conditions of the site and all receiving channels.
D. 
Fees. The review fees shall be those adopted in the Town of Johnston Ordinance No. 2003-6, "An Ordinance Establishing Engineering Operations in the Town of Johnston."[1]
[1]
Editor's Note: See Ch. 157, Engineering Operations.
E. 
Plan review. The submission shall be reviewed by the Town Engineer or his/her designee.
A. 
The design plans shall be separated into two sections. The first section shall be a dynamic construction site runoff plan which details soil erosion and stormwater controls throughout the construction of the project. The second section of the plans shall detail the final build-out of the project. The plans and calculations shall be prepared by a professional engineer registered in the State of Rhode Island and conform to the current standards and requirements of the RIDEM, including Performance Principles for Construction Site Runoff and Performance Principles for Project Build-Out.
B. 
Construction plan sets, the construction site runoff report and the stormwater management report shall be prepared in accordance with the latest revision of the Rhode Island Stormwater Design and Installation Manual, the Rhode Island Soil Erosion and Sediment Control Handbook, as amended, and the Soil Loss Equation, by a professional engineer registered in the State of Rhode Island.
C. 
The design plans shall incorporate two phases, one which illustrates the control of erosion and stormwater management during the construction phase and a second phase which details the final erosion and stormwater management controls.
D. 
Construction phase. The construction of the sitework phase shall be designed using the Revised Universal Soil Loss Equation (RUSLE) with the following BMP guidelines to control stormwater runoff, groundwater and soil erosion during construction:
(1) 
Topographic mapping with elevations in NAVD88 showing existing contours at intervals of not more than two feet and contours of the finished grade of all disturbed land area(s) at the conclusion of the construction and/or land disturbance activities;
(2) 
Select a route where erosion will not be a serious problem;
(3) 
Design slopes with flat side slopes, rounded and blended with natural terrain;
(4) 
Reduce the area of unprotected soil exposure;
(5) 
Reduce the duration of unprotected soil exposure;
(6) 
Protect soil with vegetative cover, mulch, or erosion resistant material;
(7) 
Retard runoff with planned engineering works;
(8) 
Trap sediment using temporary barrier, basins, dikes, berms, and other protective devices as applicable;
(9) 
Maintain erosion control work, both during and after construction;
(10) 
Design drainage channels with due regard to width, depth, slopes, alignment, and protective treatment;
(11) 
Provide protection at culvert outlets; and
(12) 
Design property facilities for groundwater interception.
E. 
Build-out phase. The build-out plans for the final erosion and stormwater controls shall incorporate the following BMP guidelines at a minimum in addition to those stated herein:
(1) 
Stormwater control and BMPs shall be designed in accordance with the latest revision of the Rhode Island Stormwater Design and Installation Manual; and
(2) 
Low-impact development (LID) shall be used as a primary BMP.
A. 
The Town of Johnston Engineer will review each application submitted and within 14 days of receipt thereof will notify the applicant listed on the application form that the application has been certified complete or incomplete.
B. 
Any application determined to be incomplete will require additional information or revisions to the application as requested by the Town Engineer within the review period noted above. Submittal of such other information deemed necessary by the Town Engineer may extend the time limited for a determination by the Town Engineer beyond the 14 days noted above.
C. 
The Town Engineer shall only certify an application complete, in writing, upon a determination that it complies with all applicable state and local rules, regulations and/or ordinances for erosion and sediment control and construction site runoff. Applications that are certified complete are not yet considered approved, and the Town Engineer is not authorizing any work on the subject parcel(s) of land.
D. 
The applicant shall submit three copies of each for the construction phasing plan, the stormwater management plan, and the maintenance agreement(s) to the Town of Johnston Engineering Department within 30 days of receipt of the certification of completeness letter from the Town Engineer.
E. 
The Town Engineer will render a decision within 45 days of receipt of the application package.
F. 
Approval. In approving a plan, the Town Engineer may attach such conditions as are reasonably necessary to further the purposes of this chapter. Such conditions pertaining to erosion, sediment control, and stormwater management measures and/or devices may include, but are not limited to, the erection of walls, drains, dams and structures, planting vegetation, trees, shrubs, best management practices, furnishing necessary easements, and specifying a method of performing various kinds of work, and the sequence, phasing and/or timing thereof.
G. 
Disapproval. The Town Engineer may disapprove of an application in writing specifically stating the reason(s) for disapproval. An application may also be disapproved by the Building Official upon finding that the applicant or affiliate of the applicant:
(1) 
Is conducting or has conducted land-disturbing activity without approval or has received a notice of violation for land-disturbing activities previously approved by the Town Engineer and has not complied with the notice within the time period specified in the notice of violation;
(2) 
Has failed to pay the required review fee or performance bond(s);
(3) 
Has failed to substantially comply with state rules or local ordinances and regulations adopted pursuant to the ordinance; and
(4) 
For the purposes of this subsection, an applicant's record may be considered for only the two consecutive years prior to the application date.
H. 
Expiration. Approved applications shall expire within one year from the date of the written approval from the Town Engineer unless an extension is requested in writing and approved prior to the one-year expiration date.
A. 
The Town Engineer may require bonds in such form and amounts as may be deemed necessary to assure that the work shall be completed in accordance with the permit or that the land be restored to an acceptable state. Bonds, if required, shall be furnished by the property owner or other person or agent in control of the property. In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the Town Engineer in an amount equal to that which would be required in the surety bond. The amount of such bond shall not exceed the estimated cost of the total restoration work planned.
B. 
Bond estimates less than $10,000 shall be filed as a cash bond.
C. 
Bonds shall remain valid for one year from the date of project completion.
A. 
If, at any stage, the work in progress and/or completed work under the terms of an approved plan does not confirm 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 property owner.
(1) 
Notice. The notice shall state the nature of the temporary and permanent corrections required and the time limit within which corrections shall be completed.
(2) 
Failure to comply with the required corrections, as noticed, and within the specified time limit is considered a violation of this article, in which case the performance bond or cash or negotiable securities deposit is subject to notice of default.
B. 
Revocation or suspension of approval. The approval of a plan under this article may be revoked or suspended by the Building Official and all work on the project halted for an indefinite period of time after written notification is transmitted by the Building Official to the developer for one or more of the following reasons:
(1) 
Violation of any condition or the approved plan or specification pertaining thereto;
(2) 
Violation of any provision of this chapter or any other applicable law, ordinance, rule, or regulation related to the work or site of the 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 or intent of this chapter.
A. 
Corrective measures. In addition, whenever there is a failure to comply with the provision of this chapter, the Town has the right to notify the applicant/owner that he/she has five days from receipt of the notice to temporarily correct the violations and 30 days from receipt of the notice to permanently correct the violations.
B. 
Liens. Should the applicant/owner fail to take the temporary corrective measures within the five-day period and the permanent corrective measures within the thirty-day period, the Town then has the right to take whatever actions it deems necessary to correct the violations and to assess a lien on the subject property in an amount equal to the costs of any such 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 within the Town of Johnston land evidence records, and the lien does not incur legal interest from the date of recording.
C. 
No exemption from other provisions. The imposition of any penalty shall not exempt the violator from compliance with the provisions of this chapter.
D. 
Fines. In addition to any other penalties provided herein, the Town may assess penalties and/or fines of not more than $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 the plan is not submitted constitutes a separate offense.