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§ 153.03 EXEMPTIONS.
   The following development activities are exempt from the provisions of this chapter and the requirements of providing stormwater management:
   (A)   Agricultural land management activities carried out in accordance with a conservation management plan that has been approved by the Natural Resources Conservation Service;
   (B)   Additions or modification to existing single-family residential structures if they comply with division (C) of this section; and
   (C)   Grading, as a maintenance measure or for landscaping, on contiguous area of developed land, parcels and lots, which in aggregate do not exceed 5,000 square feet.
(Ord. passed 2-21-06)
§ 153.04 VARIANCE.
   A variance from any requirement of § 153.23 of this chapter may be granted if there are exceptional circumstances applicable to the site. Requirements of this chapter may be varied:
   (A)   When strict implementation of the requirements create an unnecessary hardship or are not feasible.
   (B)   To allow use of an innovative management practice where strict adherence to existing criteria would be costly or of negligible environmental benefit.
(Ord. passed 2-21-06)
§ 153.05 COMPATIBILITY WITH OTHER REQUIREMENTS.
   This chapter shall not obviate or supercede any other federal, state or local ordinances, regulations or statutes. The provisions of this chapter shall be held to be minimum requirements for the promotion of public health, safety and general welfare. If a provision of this chapter imposes a standard different from any related ordinance, regulation or statute, the provision that imposes the more protective standard shall be observed.
(Ord. passed 2-21-06)
§ 153.06 SEVERABILITY.
   If the provisions of any article, section, subsection, paragraph, subdivision or clause of this chapter shall be judged invalid by 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.
(Ord. passed 2-21-06)
§ 153.07 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AGRICULTURAL DEVELOPMENT. Land uses normally associated with the production of food, fiber and livestock for sale. For purposes of this chapter, such uses shall not include the development of land for the processing or sale of food and the manufacturing of agriculturally related products.
   APPLICANT. A property owner or agent of a property owner who has filed an application for a stormwater management permit.
   BEST MANAGEMENT PRACTICE (BMP). A structural device or a nonstructural practice for pollution management, which is deemed to provide the best available treatment or control of a pollution source such as stormwater.
   DESIGN MANUAL. The State of Rhode Island Stormwater Design and Installation Standards Manual, as amended, which serves as the official guide for stormwater management principles, methods, and practices.
   DETENTION BASIN. An embankment and associated space for impoundment of water or, alternatively, the space for impoundment partially or entirely created by excavation rather than by embankment, in either case designed to temporarily retain stormwater runoff.
   DEVELOPMENT. The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance; any change in use, or alteration or extension of the use, of land.
   INFILTRATION BASIN. A detention facility, which is not an injection well, which is designed to gradually filter and pass retained water to the subsurface.
   NONPOINT SOURCE POLLUTION. Pollution from any source that is not discernible, confined and discrete. Potential sources of NONPOINT POLLUTION include, but are not limited to, stormwater runoff, agriculture, silviculture, mining, construction, septic systems and urban development.
   RECHARGE. The replenishment of underground water reserves.
   STORMWATER RUNOFF. Flow on the surface of the ground, resulting from precipitation.
   WET BASIN. A detention basin designed to retain some water on a permanent basis.
   WETLAND. An area, as defined by the R.I. Gen. Laws § 2-1-14 (Coastal Wetland) and R.I. Gen. Laws § 2-1-20 (Freshwater Wetland) and as determined by the Department of Environmental Management or the Coastal Resources Management Council, which is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support–and under normal circumstances does support–a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
(Ord. passed 2-21-06)
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