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  • Ordinance Subject: Amendment Ordinance 12-005
  • Posted: October 04, 2012 12:24 PM
  • Municipality: North Providence

	ORDINANCE 12-005
AN ORDINANCE OF THE TOWN OF NORTH PROVIDENCE
ADDING THERETO CHAPTER 26A entitled “Post-Construction
Storm Water Control”


WHEREAS, the Town Council of the Town of North Providence desires to amend, by Ordinance, its existing Ordinance by adding thereto Chapter 26A entitled “Post Construction Storm Water Control.”

NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF NORTH PROVIDENCE AS FOLLOWS:

SECTION ONE:  That the Code of Ordinances is hereby amended by adding thereto the following chapter entitled “Post-Construction Storm Water Control.”

Sec. 26A-1.     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 Town 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. 26A-2.     Applicability.

This ordinance shall apply to all development and re-development occurring within the Town.  No person shall engage in Development Projects without receiving approval from the Building Official, unless specifically exempted by Sec. 26A-3 of this ordinance.


Sec. 26A-3.     Exemptions.

The following Development Projects do not require written approval pursuant to this ordinance:
 

(1)	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.

(2)	Accepted agricultural management practices such as seasonal tilling and harvest activities associated with property utilized for private or commercial agricultural or silvicultural purposes.

(3)	An excavation which exhibits all of the following characteristics:

a.	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

b.	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

c.	Has no slopes steeper than ten (10) feet vertical in one hundred (100) feet horizontal ten (10%) percent; and 

d.	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.

(4)	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:

a.	The aggregate area of activity does not exceed one thousand (1,000) square feet; 

b.	The change of elevation does not exceed two (2) feet at any point; 
c.	All bare surface area is promptly seeded, sodded, or otherwise effectively protected from erosive actions; and
 
d.	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.

(5)	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 employed.  Appropriate controls shall apply during construction as well as after the completion of such activities.

(6)	Use of a home garden in association with residential use.

Sec. 26A-4.     Variance.

The Building Official reviewing an application under this ordinance may:

(1)	Vary requirements of this ordinance when strict implementation of the requirements will create an unnecessary hardship or are not feasible.

(2)	Allow use of an innovative management practice where strict adherence to existing criteria would be costly or of negligible environmental benefit.

(3)	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. 26A-5.     Submissions and Approvals.

(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. 26A-3 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 North Providence Town Employee.
 
(b)	Pre-application meetings may be requested by the applicant and held at the discretion of the Town for the purpose of informing the representatives of construction projects of any local requirements and any additional limitations that may be imposed.

Sec. 26A-6.     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 drinking 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.

(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:

(1)	Control and maintenance of post-development peak discharge rates from the 2-year, 10-year, 25-year, and 100-year storm events to pre-development levels.

(2)	Downstream analysis of the 100-year storm event and control of the peak discharge rate for the 100-year storm 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.

(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. 26A-7.     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 and 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. 26A-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 Town may vary; therefore, it is advised to consult the Town 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. 26A-8.     Inspections for Storm Water Best Management Practices.

The Town 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. 26A-9.     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 Town, the applicant must obtain a letter from the Town acknowledging maintenance responsibility and intent of ownership.

Sec. 26A-10.   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 Town.  Schedules shall be based on the complexity and frequency of maintenance needs and shall be subject to the approval of the Town.  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 Town 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 Town 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 Town 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 Town.

(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 North Providence Town 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 Town.  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. 26A-11.   Application Fees.

The Town shall be empowered to collect fees from permit applicants, which are commensurate with the cost of administering this ordinance and as shall be established by the Town Council.

Sec. 26A-11a.  Authorized Enforcement Agent.

For purposes of this ordinance, the Authorized Enforcement Agent means the Town Building Official or North Providence Employee.

Sec. 26A-12.   Notification of Non-Compliance.

If the Authorized Enforcement Agent finds a violation of this ordinance then a written notice from the Authorized Enforcement Agent to compel correction shall be transmitted to the Owner or Operator.  Such notice shall set forth the nature and 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 a violation of this chapter.

Sec. 26A-13.   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.

Sec. 26A-14.   Cost of Abatement of the Violation.

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. 26A-15.   Cost of Abatement of the Violation.

Within thirty (30) days after abatement of the violation by or under the direction of the Authorized Enforcement Agent, the Owner or Operator will be notified by the Authorized Enforcement Agent of the cost of abatement, including administrative costs.  If the amount due is not paid within a timely manner as determined by the Authorized Enforcement Agent, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.  Any person violating any of the provisions of this section shall become liable to the Town by reason of such violation.  The liability shall be paid in not more than twelve (12) equal payments.  Interest at the rate of twelve (12%) percent per annum shall be assessed on the balance beginning on the 31st day following discovery of the violation.

Sec. 26A-16.   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.

SECTION TWO:   If any provisions of this chapter are declared unconstitutional, or the applicability of any provisions to any person or circumstance is held invalid, the constitutionality of the remainder of this chapter and its applicability to other persons and circumstances shall not be affected thereto.

SECTION THREE:   This ordinance shall take effect upon passage.

APPROVED AS TO FORM AND LEGALITY:

__________________________________
TOWN SOLICITOR

ADOPTED:________________________ 		_____________________________
COUNCIL PRESIDENT
APPROVED:_______________________ 		______________________________
MAYOR

______________________________
TOWN CLERK 

FOR PUBLIC HEARING NOVEMBER 7, 2012 @ 7:00 P.M.