LEGAL NOTICE
CITY OF WARWICK
ORDINANCE NO. O-16-17
APPROVED SCOTT AVEDISIAN
August 15, 2016 MAYOR
CHAPTER 68
SOIL EROSION AND SEDIMENT CONTROL
Be it ordained by the City of Warwick:
Section I. Chapter 68 of the Code of Ordinances of the City of Warwick is hereby amended, as follows:
Chapter 68 – Soil Erosion and Sediment Control, Sec. 1 – 13 are deleted in their entirety.
Exhibit A - attached hereto and incorporated herein by reference is inserted in place, thereof.
Section II. The City Clerk of the City of Warwick is hereby authorized and directed to cause said changes to be made to the relevant provisions of the Code of Ordinances for the City of Warwick.
Section III. This Ordinance shall take effect upon passage and publication as prescribed by law.
SPONSORED BY:
COUNCILMAN COLANTUONO ON BEHALF OF MAYOR AVEDISIAN
COMMITTEE: ORDINANCE
Attest:
Judy Wild, City Clerk
EXHIBIT A
Chapter 68
Chapter 68 - Soil Erosion, Sediment Control, and Post-Construction Storm Water Control
Sec. 68-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Applicant means any persons, corporation, or public or private organization proposing a development which would involve disturbance to the natural terrain as herein defined.
Building Official means the designated and appointed Building Official for the City of Warwick
City means the City of Warwick, Rhode Island.
Cut means an excavation, or 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 means any construction, 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.
Erosion means the removal of mineral and/or organic matter by the action of wind, water, and/or gravity.
Excavate means any act by which earth, sand, gravel, rock, or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated, or bulldozed, and shall include the conditions resulting therefrom.
Fill means 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.
Land disturbing activity means 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.
Runoff means the surface water discharge or rate of discharge of a given watershed after a fall of rain or snow, 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 means solid material, both mineral and/or organic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water and/or gravity as a product of erosion.
Soil erosion and sediment control plan means the approved document required before any person may cause a disturbance to the natural terrain within the city as herein regulated, also herein referred to as the erosion and sediment control plan or approved plan.
Sec. 68-2. Purpose.
(a) Unmitigated storm water from areas altered by development may pose public health and safety threats. Potential contaminants in storm water runoff may include suspended solids, nitrogen, phosphorus, hydrocarbons, heavy metals, pathogenic organisms (bacteria and viruses), and road salts.
(b) This ordinance establishes the administrative mechanisms necessary for the City to ensure proper storm water management of runoff from new development and re-development projects. The ordinance is written to work in conjunction with the Rhode Island Department of Environmental Management’s General Permit Rhode Island Pollutant Discharge Elimination System Storm Water Discharge from Small Municipal Separate Storm Sewer Systems and from Industrial Activity at Eligible Facilities Operated by Regulated Small MS4s.
Sec. 68-3. Applicability.
This ordinance shall apply to all development and re-development occurring within the City. No person shall engage in Development Projects without receiving approval from the Building Official, unless specifically exempted by Sec. 68-4 of this ordinance.
Sec. 68-4. Permit required; exceptions.
It shall be unlawful for any person to disturb any existing vegetation, grades, and contours of land without first applying for and receiving a permit from the Building Official.
The following Development Projects do not require written approval pursuant to this ordinance:
(a) Construction, alteration, or use of any additions or existing single-family or two-family homes or related structures, when determined by the Building Official to be insignificant, and such construction, alteration and use does not exceed one thousand (1,000) square feet, 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 (10) percent.
(b) Accepted agricultural management practices such as seasonal tilling and harvest activities associated with property utilized for private or commercial agricultural or silvicultural purposes.
(c) An excavation which exhibits all of the following characteristics:
(1) Is less than four (4) feet in vertical depth at its deepest point as measured from the average elevation of the natural ground surface; and
(2) Does not result in a total displacement of more than fifty (50) cubic yards of material on any lot, land, parcel or sub-division; and
(3) Has no slopes steeper than ten (10) feet vertical in one hundred (100) feet horizontal ten (10) percent; and
(4) Has all disturbed surface areas promptly and effectively protected to prevent soil erosion and sedimentation from occurring including seeding or sodding, and provided that all disturbed surface areas which will be exposed for a period of time in excess of thirty (30) days shall be covered with a suitable temporary protective ground cover until permanent ground cover is in place.
(d) Grading, as a maintenance measure, or for landscaping purposes on existing developed land parcels or lots, provided that all of the following conditions are met:
(1) The aggregate area of activity does not exceed one thousand (1,000) square feet;
(2) The change of elevation does not exceed two (2) feet at any point;
(3) All bare surface area is promptly seeded, sodded, or otherwise effectively protected from erosive actions; and
(4) 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.
(e) Grading, filling, removal or excavation activities and operations undertaken by the City 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 employed. Appropriate controls shall apply during construction as well as after the completion of such activities.
(f) Use of a home garden in association with residential use.
Sec. 68-5. Plan approval procedure; appeals.
(a) In accordance with this ordinance, all persons must obtain approval from the Building Official prior to engaging in any land development activities, unless exempted by Sec. 68-4 of this ordinance. To obtain approval applicants must demonstrate compliance with all policy, standards and requirements of this ordinance to the satisfaction of the Building Official. Applicants may demonstrate compliance via submission of materials and documentation including but not limited to a Storm Water Management Plan, site plan and maintenance agreement in accordance with this ordinance. Plans will be reviewed in conjunction with site plan reviewed by the Building Official in consideration with the Planning Director, Public Works Director, Storm Water Manager, Fire Chief, Police Colonel or Warwick City Employee.
(b) Pre-application meetings may be requested by the applicant and held at the discretion of the City for the purpose of informing the representatives of construction projects of any local requirements and any additional limitations that may be imposed.
(c) Plan submission.
(1) To obtain approval for a permit under section 68-4, an applicant shall first file an erosion and sediment control plan signed by the owner of the property, or an authorized agent, on which the work subject to approval is to be performed. The plan or drawings, as described in sections 68-7 and 68-8, shall include proposed erosion and sediment control measures to be employed by the applicant or his/her agent.
(2) Where any portion of a proposed development requires approval under the state Freshwater Wetlands Act, G.L. 1956, § 2-1-15 et seq., as amended, and where said 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 hereunder for the development.
(d) Fees. Where a building permit is required under the building code, the site plans shall include all the requirements of this chapter and the building permit fee shall be based on the entire cost of the building plus improvements required by this chapter. Application of such fees shall apply to all land disturbing activities, for example, subdivisions, except as provided for under section 68-4
(e) Plan review.
(1) Within five working days of the receipt of a completed plan, the building official shall send a copy of the plan to the public works department, the planning board or the planning department for the purpose of review and comment. The Building Official may also within the above timeframe 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 purposes of this chapter.
(2) The time allowed for plan review shall be commensurate with the proposed development project, and the review shall be done simultaneously with other reviews.
(f) Plan approval.
(1) The Building Official shall take action in writing either approving or disapproving the plan, with reasons stated, within ten days after he/she has received the written opinion of the public works director and the planning director. Failure of the public works director or the planning director to respond within 21 days of the receipt of the plan shall be deemed as no objection to the plan as submitted.
(2) In approving a plan, the Building Official may attach such conditions deemed reasonably necessary by the director of public works and the planning director to further the purposes of this chapter. Such 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, furnishing necessary easements, and specifying a method of performing various kinds of work, and the sequence or timing thereof. The applicant/owner shall notify the Building Official in advance of his/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.
(g) Appeals.
(1) Administrative procedures.
a. If the ruling made by the Building Official is unsatisfactory to the applicant/owner, the applicant/owner may file a written appeal. The appeal of the plan for a building permit shall be to the building appeals board. The appeal of a plan for a subdivision shall be as provided for in G.L. 1956, § 45-23-14.
b. Appeal procedures shall follow current requirements for appeal to either of the two boards above.
c. However, under any appeal proceeding, the Building Official shall notify the conservation commission of the appeal and the time, date, and place of the hearing. The conservation commission shall submit written comments on the appeal, and such comments, together with the written decision of the Building Official, shall be read into the official record of the hearing.
d. 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 Oficial shall remain in effect.
(2) Expert opinion. The Building Official, the building appeals board, or the planning board of review may seek technical assistance on any soil erosion and sediment control plan. Such expert opinion must be made available in the office of the Building Official as a public record prior to the appeals hearing.
Sec. 68-6. Variance.
The Building Official reviewing an application under this ordinance may:
(a) Vary requirements of this ordinance when strict implementation of the requirements will create an unnecessary hardship or are not feasible.
(b) Allow use of an innovative management practice where strict adherence to existing criteria would be costly or of negligible environmental benefit.
(c) Allow use of an innovative management practice where the innovative practice is expected to have an environmental benefit, which cannot be practicably realized using standardized management practices.
Sec. 68-7. Plan contents.
(a) The erosion and sediment control plan shall be prepared by a registered engineer or land surveyor on standard 8½-inch by 11-inch, 11-inch by 17-inch, or 24-inch by 36-inch sheets at a suggested scale of one inch equals 40 feet. A key sheet shall be included if a plan consists of more than two sheets. The erosion and sediment control plan shall include sufficient information about the proposed activities and land parcel(s) to form a clear basis for discussion and review and to ensure compliance with all applicable requirements of this chapter.
(b) A minimum of three copies, plus any additional copies that may be required by the Building Official, shall be submitted.
(c) The following information may be drafted on the plans or may be included as attachments, and shall consist of the following:
(1) Locus plan.
(2) The name and address of the owner of the site, and, if different, the applicant, the designer, and the developer.
(3) The location, extent, and type of all proposed work to be performed, including all existing and proposed buildings, structures, utilities, sewers, water mains, and storm drains on the site.
(4) Topographic mapping with elevations keyed to the municipal base showing existing contours at intervals of not more than two feet and contours at two-foot intervals of the finished grade of all disturbed land area(s) at the conclusion of the construction and/or land disturbing activities.
(5) A description of the general topographic and soil conditions at the project site, including all significant limitations such as rock outcrops, existing alterations to natural drainage, and any other site characteristics pertinent to the work to be performed.
(6) The location and size of all parking and loading areas and driveways, both public and private.
(7) The location of all existing and proposed buildings or structures, utilities, including drainage facilities, and all significant natural features within 100 feet of the proposed work to be performed.
(8) The name, location, right-of-way width, and pavement width of all streets, roads and highways within 100 feet of the site.
(9) The location and names, if applicable, of any streams, wetlands, water bodies, drainage swales, watercourses, and areas subject to periodic flooding, both on and within 100 feet of the site on which the work is to be performed. Included shall be delineation of any areas designated as flood hazards by the Federal Insurance Administration or other state or federal agencies.
(10) The names and addresses of all owners of abutting parcels and the location of all adjoining lot boundaries according to the latest assessor’s records.
(11) The approximate total quantity of earthwork involved in the proposed work, with appropriate breakdown as to cut and fill.
(12) The location and extent of the removal of existing topsoil, trees, and other vegetation; and the quantities and location of any material to be removed from the site.
(13) The estimated time of exposure for all disturbed land area(s) on the site prior to the completion of effective temporary and/or permanent erosion and sediment control measures and facilities. This shall include planting and seeding dates and application rates, and the phasing plan indicating the anticipated starting and completion dates of all phases of proposed site work.
(14) Details of all proposed drainage provisions to be employed on the site, including the location and type of all proposed erosion and sediment control measures and stormwater runoff controls of both a permanent and temporary nature and specifications for the maintenance of each.
(15) The type, location, and extent of all proposed temporary and permanent vegetation and mulching that will be used to protect exposed areas of the project site.
(16) Prompt submittal of such other information or construction plans and details as deemed necessary by the building official or his/her designated agent for a thorough review of the plan prior to action being taken as prescribed in this chapter. Withholding or delay of such information may be reason for the building official to judge the application as incomplete and grounds for disapproval.
Sec. 68-8. Technical Standards.
All applicants are required to develop and submit a Storm Water Management Plan prepared by a professional engineer licensed in the State of Rhode Island. All Storm Water Management Plans must address storm water management on a site-by-site basis and all requirements of this ordinance. All storm water management practices shall be consistent with the Rhode Island Storm Water Design and Installation Standards Manual and the Rhode Island Soil Erosion and Sediment Control Handbook, as amended.
(a) Performance Standards. Storm Water Management Plans shall incorporate structural and non-structural Best Management Practices (BMPs) for water quality control, in accordance with Rhode Island Storm Water Design and Installation Standards Manual. Development in chinking water supply watersheds or watersheds where impaired waters as defined by the State’s 303(d) list exist may be held to higher standards.
(b) Disallowed Storm Water Best Management Practices. The placement of storm water structures within a flood plain shall be avoided. If there is no alternative, the applicant must show what effects, if any, the tailwaters created by the flood plain will have on the outflow and effective storage capacity of the storm water best management practice.
(c) Facilitation of Maintenance. Facilities that require maintenance shall be designed to minimize the need for regular maintenance, facilitate required maintenance, and ensure accessibility of components that require maintenance. At a minimum, all Storm Water Management Plans must incorporate BMPs with appropriate maintenance design in accordance with the Rhode Island Storm Water Design and Installation Standards Manual, as amended.
(1) Control and maintenance of post-development peak discharge rates from the 2-year, 10-year, 25-year, and 100-yearstorm events to pre-development levels.
(2) Downstream analysis of the 100-yearstorm event and control of the peak discharge rate for the 100-yearstorm to mitigate downstream impacts.
(3) Discharge from any storm water facility must be conveyed through properly constructed conveyance system to provide for non-erosive flows during all storm events. The proposed storm water conveyance system consisting of open channels, pipes, and other conveyance devices shall at a minimum accommodate the runoff from a 25-year storm event. The storm water conveyance system must provide for non-erosive flows to receiving waters.
(d) Flood Protection. Storm Water Management Plans shall demonstrate that a proposed project provides for protection of life and property from flooding and flood flows. Water quantities must be controlled in accordance with the Rhode Island Storm Water Design and Installation Standards Manual, as amended, or a municipally approved regional Storm Water Management Plan for the watershed in which the project site is located. Storm Water Management Plans shall demonstrate incorporation of the following standards into the proposed project:
(e) Surface Water and Groundwater. Storm Water Management Plans shall, in accordance with the Rhode Island Storm Water Design and Installation Standards Manual, as amended, demonstrate that during development and post-development, all receiving waters will be recharged in a manner closely resembling pre-development conditions and that the developed site will retain hydrological conditions that closely resemble of those prior to disturbance. The goal of the storm water design shall be that hydrologic conditions in each sub-watershed match pre-development conditions.
Where practicable, development and re-development projects should aim to reduce runoff volumes. This may include minimizing and eliminating impervious surface areas such as roads, parking, paving or other surfaces, encouraging infiltration of a non-contaminated runoff, preventing channelization, encouraging sheet flow, and where appropriate, preserving, enhancing or establishing buffers along surface water bodies and tributaries.
Sec. 68-9. Storm Water Management Plans.
(a) Calculations. In addition to the information required for the site plan the following information must also be included with the application, where applicable.
(1) The area of each sub-watershed shall be identified on final site plans.
(2) The area of impervious surfaces (including all roads, driveways, rooftops, sidewalks, etc.) for each sub-basin as identified in the Rhode Island Storm Water Design and Installation Standards Manual, as amended.
(3) Weighted curve numbers as determined using Urban Hydrology for Small Watersheds (USDA Soil Conservation Service, 1986 or as amended).
(4) Invert elevations for inlets and outlets. In addition, invert elevations shall be provided for all basins including permanent and/or flood pool stages, including peak discharge rates for each stage.
(5) The total volume capacity for all flood control and water quality BMPs (e.g., infiltration basin, detention basins, wet ponds, etc.). Volumes must be segregated into permanent arid flood pool stage volumes where applicable. Furthermore, the volumes of all sediment storage (basins, forebays, etc.) areas must also be provided.
(6) Pre-development and post-development peak discharge rates and runoff volumes for the 2-year, 10-year, 25-year, and 100-year frequency storm events for each sub-watershed to each separate water or discharge point. The water quality volume must also be calculated for each sub-watershed. All relevant variables such as curve numbers and time of concentration, along with the supporting computations and worksheets must be included. The entire site shall be included in an evaluated sub-watershed.
(7) Supporting calculations to demonstrate that the proposed Development Project will meet Sec. 69-6 of this ordinance.
(b) Narrative Description. As part of the Storm Water Management Plan, the applicant shall include a discussion of the protection of environmental resource functions and values. The following outline is provided as guidance for preparing a narrative description for the Storm Water Management Plan. Depending on the size and scope of the proposed project, the amount of information required by the City may vary; therefore, it is advised to consult the City for specific requirements.
(1) Site description - general topography, soil types, current vegetative composition and relative abundance, existing infrastructure, and/or adjacent properties, identification of major resources (e.g., wetlands, groundwater, surface waters, etc.), name of receiving water(s), potential water quality and/or hydrologic impacts on resources.
(2) Site input data - watershed characteristics, area of all impervious surfaces, total area of site, annual mean rainfall, runoff coefficients, curve numbers for various land uses, peak discharge rates.
(3) Land use planning and source control plan.
(4) Best management practices - identify the type of BMP(s) employed both during and post-construction and justification for selection, including any deviation from the Rhode Island Storm Water Design and Installation Standards Manual, as amended, and the potential effect on pollutant removal efficiency.
(5) Technical feasibility - include sizing, location, hydraulic and environmental impacts. Alternatives, which were considered but determined not to be feasible, should also be discussed.
(6) Maintenance schedule - of BMPs to be used, both during and post-construction including frequency of inspection and maintenance.
Sec. 68-9. Performance bond.
(a) Generally.
(1) Before approving an erosion and sediment control plan, the Building Official may require the applicant/owner to file a surety company performance bond or deposit of money or negotiable securities. When any land disturbing activity is to take place within 100 feet of any watercourse or within an identified flood hazard district, or on slopes in excess of ten percent, the filing of a performance bond shall be required. The amount of such bond, as determined by the public works department, 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 city solicitor.
(3) A 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 such bond as part of the subdivision performance bond does not, however, relieve the owner of any requirement(s) of this chapter.
(b) Notice of default on performance secured by bond.
(1) Whenever the building official shall find that a default has occurred in the performance of any term(s) or condition(s) of the bond or in the implementation of measures secured by the bond, written notice thereof shall be made to the applicant and to the surety of the bond by the municipal solicitor. Such notice shall state the nature of default, the work to be done, the estimated cost thereof, and the period of time deemed by the Building Official to be reasonably necessary for the completion of such work.
(2) Failure of the applicant to acknowledge and comply with the provisions and deadlines outlined in such notice of default shall mean the institution, by the city 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 city, by contract or by other appropriate means as determined by the city 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, the notice and procedure shall be the same as provided for in subsection (b) of this section.
(d) Release from conditions. The performance bonding requirement shall remain in full force and effect until satisfactory completion of the work.
Sec. 68-10. Inspections for Storm Water Best Management Practices.
The City shall have the right to inspect best management practices constructed after the passage of this ordinance. Inspections shall address whether best management practices have been installed in accordance with approved storm water management plans.
Sec. 68-11. Operation and Maintenance Requirements for Best Management Practices.
(a) Routine Operation and Maintenance and Repair Procedures. Routine maintenance shall be performed on a regular basis to ensure proper performance and may include such routine procedures as training of staff, periodic inspections, grass cutting elimination of mosquito breeding habitats, and pond maintenance in accordance with a storm water management plan approved pursuant to this ordinance. Repair procedures may be required to correct a problem or malfunction of a storm water management practice and to restore the management practice’s intended operation and safe condition. Repairs may include such procedures as structural repairs, removal of debris, sediment and trash removal, erosion repair, snow and ice removal, fence repair, mosquito extermination, and restoration of vegetated and non-vegetated linings.
(b) General Operation and Maintenance Standards for Storm Water Best Management Practices. Maintenance design and maintenance procedures for all storm water management practices shall be documented in Storm Water Management Plans in accordance with Rhode Island Storm Water Design and Installation Standards Manual, as amended; or Manufacturer’s specifications. A maintenance schedule for each type of BMP must be included in the Storm Water Management Plan. These schedules shall list the frequency and type of maintenance operations necessary along with the legally responsible party’s name, address, and telephone number. The owner, as well as all future owners, shall be required to implement the maintenance schedule of the best management practices. If the storm water facility is to be deeded to the City, the applicant must obtain a letter from the City acknowledging maintenance responsibility and intent of ownership.
Sec. 68-12. Maintenance Agreements.
(a) Maintenance agreements shall provide written, contractual documentation, which demonstrate compliance with this ordinance and legal arrangements for the upkeep of storm water facilities to assure their proper function and safety in accordance with this ordinance.
(b) After final construction is completed, the owner or responsible person shall maintain “as built” plans of storm water management practices located on site. The plans must show the final design specifications for all storm water management facilities and must be certified by a professional engineer.
(c) Maintenance agreements, which describe maintenance schedules and requirements, must be developed for each storm water management facility unless the facility is dedicated to and accepted by the City. Schedules shall be based on the complexity and frequency of maintenance needs and shall be subject to the approval of the City. At a minimum, maintenance frequency should be in accordance with the Rhode Island Storm Water Design and Installation Standards Manual, as amended.
(d) Right of Entry. Upon the presentation of credentials and other documents, as may be required by law, or if authorized by the owner or other party in control of the property, the Director of Public Works, Building Inspector, and other City representatives designated by the Building Inspector or Director of Public Works may enter upon privately owned property for the purpose of performing their duties under this ordinance and may make or cause to be made such inspections as the City deems reasonably necessary.
(e) Record Keeping for Maintenance Activities. Maintenance agreements shall include provisions for maintenance record keeping. All activities conducted in accordance with a maintenance agreement must be recorded in a work order and inspection log. Timely updates of the log shall be the responsibility of the storm water management facility owner or other responsible party pursuant to this ordinance. Review of the maintenance and inspection log shall be completed by the City to determine the effectiveness of operation, maintenance and safety activities. Reviews shall occur as part of each on-site inspection. Additional reviews may be made as deemed appropriate by the City.
(f) Responsibility for Maintenance to Assure Function and Safety. Appropriate maintenance to assure function and safety of storm water management facilities shall be the responsibility of the owner or may be assumed by another party via a written contractual arrangement in accordance with this ordinance.
(g) Alterations to Maintenance Agreements. Any alterations in maintenance responsibility or alterations to maintenance agreements must be reviewed and approved by the Building Official or designee. If portions of the land serviced by a storm water management facility are to be sold, written contractual arrangements shall be made to pass all responsibility of the maintenance agreement to the purchaser and shall be subject to review and approval of the Department of Public Works and the Storm Water Manager or City of Warwick Employee. All alterations to maintenance agreements shall be made and recorded in accordance with this ordinance.
(h) Recordation of Maintenance Agreements. All maintenance agreements and alterations to maintenance agreements shall be recorded in the land evidence records of the City. Copies of all maintenance agreements and alterations to maintenance agreements shall be included in Storm Water Management Plans. Recordation of maintenance agreements in accordance with this ordinance shall be the responsibility of the owner.
Sec. 68-13. Authorized Enforcement Agent.
For purposes of this ordinance, the Authorized Enforcement Agent means the City Building Official or designee.
Sec. 68-14. Notification of Non-Compliance; correction of violations
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 such plan, a written notice from the building official to comply shall be transmitted to the owner. Such notice shall set forth the nature of corrections required and the time limit within which corrections shall be completed. Failure to comply with the required corrections within the specified time limit shall be considered in violation of this chapter, in which case the performance bond or cash or negotiable securities deposit shall be subject to notice of default, in accordance with sections 68-9 (b) and (c).
Sec. 68-15. Appeal of Notice of Non-Compliance.
Any person receiving notice of non-compliance may appeal the determination of the Authorized Enforcement Agent. The appeal must be received within thirty (30) days from the date of the receipt of the notice of non-compliance. The appeal shall be in writing and contain a detailed basis upon which the appeal was taken. The Authorized Enforcement Agent shall then determine whether to grant the appeal within ten (10) business days or issue a notice of violation and summons to the appellant to appear in municipal court.
Any person who shall violate any provision of this article shall be punished by a fine not to exceed two hundred and fifty ($250) dollars per day for each day the violation remains unabated. In addition, the Authorized Enforcement Agent may, at the discretion of the municipal court, may undertake measures necessary to abate the violation and restore the property at the Owner or Operator’s expense.
Sec. 68-16. Penalties.
(a) Revocation or suspension of approval. The approval of an erosion and sediment control plan under this chapter may be revoked or suspended and work initiated under the plan halted for an indefinite time period by the building official or his/her authorized agent, after written notification is transmitted to the developer, for one or more of the following reasons:
(1) Violation of any condition of the approved plan, or conditions or specifications 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 of human life or the property of others, or contrary to the spirit or intent of this chapter.
(b) Other penalties; correction of violations by city. In addition thereto, whenever there is a failure to comply with the provisions of this chapter, the city shall have the right to notify the applicant/owner that he/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. Should the applicant/owner fail to take the temporary corrective measures within the five-day period and the permanent corrective measures within the 30-day period, the city shall then have 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 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.
Sec. 68-17. Remedies Not Exclusive.
The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the Authorized Enforcement Agent to seek cumulative remedies.
Sec. 68-18 – 24 Reserved.
8/23/16
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