(A) It shall be unlawful for any person to disturb any existing vegetation, grades, or contours of land in a manner which may increase the potential for soil erosion without first applying for a determination of applicability from the Building Official. Upon receiving a positive determination of applicability, the applicant shall submit a Stormwater Pollution Prevention Plan (SWPPP) for approval to the Building Official. 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 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 shall consider site topography, drainage patterns, soils, proximity to watercourses, and other such information as deemed appropriate. A particular land-disturbing activity shall not be subject to the requirements of this chapter if the Building Official 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, flood plain, or watercourse, as defined herein. The current "Rhode Island Soil Erosion and Sediment Control Handbook," U.S. Department of Agriculture Soil Conservation Service, R.I. Department of Environmental Management and R. I. State Conservation Committee shall be consulted in making this determination.
(B) No determination of applicability shall be required for the following:
(1) Construction, alteration, or use of any additions to existing single family or duplex homes or related structures, when determined by the Building Official to be insignificant, and such construction, alteration and use does not occur within 200 feet of any watercourse or coastal feature, and the slopes at the site of land disturbance do not exceed 10%;
(2) Use of a home garden in association with onsite 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 silvicultural purposes;
(4) Excavations for improvements other than those described in division (B)(1) above 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 10 feet vertical in 100 feet horizontal or approximately10%; and
(c) Has all disturbed surface areas properly 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 surfaces are immediately seeded, sodded, or otherwise protected from erosive actions, and all of the following conditions are met:
(a) The aggregate area of such 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, however, that adequate and acceptable erosion and sediment controls are incorporated in engineering plans and specifications and followed. Appropriate erosion controls shall apply prior to and during construction as well as after completion of such activities. All such work shall be undertaken in accordance with the performance principles provided for in § 151.37 and such standards and definitions as may be adopted to implement said performance principles; and
(7) Existing quarrying operations actively engaged in excavating rock, but shall apply to sand and gravel extraction operations.
(Ord. passed 9-21-92; Am. Ord. passed 2-21-06) Penalty, see § 151.99