Unmitigated stormwater from areas altered by development may pose public health and safety threats. Potential contaminants in stormwater runoff may include suspended solids, nitrogen, phosphorus, hydrocarbons, heavy metals, pathogenic organisms (bacteria and viruses), and road salts.

This article establishes the administrative mechanisms necessary for Pawtucket to ensure proper stormwater management. The article is written to work in conjunction with current state regulations.

Performance standards. Stormwater management plans shall incorporate best management practices for water quality control, which in combination are demonstrated to reduce the average annual total suspended solids in post-development runoff by 80%. 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.

Disallowed stormwater best management practices. The placement of detention basins and other stormwater structures within a floodplain shall be avoided. If there is no alternative, the applicant must show what effects, if any, the tailwaters created by the floodplain will have on the outflow and effective storage capacity of the detention facility.

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 stormwater management plans must incorporate best management practices with appropriate maintenance design in accordance with the Rhode Island Stormwater Design and Installation Standards Manual, as amended; or the Rhode Island Soil Erosion and Sediment Control Handbook, as amended.

Flood protection. Stormwater 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 Stormwater Design and Installation Standards Manual, as amended, or a municipally approved regional stormwater management plan for the watershed in which the development site is located. Stormwater management plans shall demonstrate incorporation of the following standards into the proposed project:

Surface water and groundwater. Stormwater management plans shall demonstrate that during develop and post-development, all receiving waters will be recharged in a manner closely resembling predevelopment conditions and that the developed site will retain hydrological conditions that closely resemble those prior to disturbance.

Routine maintenance and repair procedures.

General maintenance standards.

Calculations. In addition to the information required for stormwater management plans, the following information must also be included with the application, where applicable:

Narrative description. As part of the stormwater 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 stormwater management plan. Depending on the size and scope of the proposed project, the amount of information required by the permitting agency may vary; therefore, it is advised to consult the appropriate permitting agency for specific requirements.

Recognition of municipal inspection requirements. Maintenance agreements shall include a reasonable and regular schedule for the City of Pawtucket, or designee, to conduct on-site inspection of the functionality and safety of stormwater management facilities. Inspection schedules shall be based on the complexity and frequency of maintenance needs and shall be subject to the approval of City of Pawtucket. At a minimum, maintenance frequency should be in accordance with the Rhode Island Stormwater Design and Installation Standards Manual, as amended.

Recordkeeping for maintenance activities. Maintenance agreements shall include provisions for maintenance recordkeeping. 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 stormwater management facility owner or other responsible party pursuant to this article. Review of the maintenance and inspection log shall be completed by the City of Pawtucket, or designee, 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 of Pawtucket or designee.

Responsibility for maintenance to assure functionality and safety. Appropriate maintenance to assure functionality and safety of stormwater management facilities shall be the responsibility the owner or may be assumed by another party via a written contractual arrangement in accordance with this article.

Alterations to maintenance agreements. Any alterations in maintenance responsibility or alterations to maintenance agreements must be reviewed and approved by the Department of Zoning and Code Enforcement. If portions of the land serviced by a stormwater 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 Zoning and Code Enforcement. All alterations to maintenance agreements shall be recorded in accordance with this article.

Recordation of maintenance agreements. All maintenance agreements and alterations to maintenance agreements shall be recorded in the land evidence records of the City of Pawtucket. Copies of all maintenance agreements and alterations to maintenance agreements shall be included in stormwater management plans. Recordation of maintenance agreements in accordance with this article shall be the responsibility of the owner.

Notification of violation. In the event that the stormwater management facility becomes a danger to public safety or public health, or in need of maintenance or has not been maintained in accordance with the maintenance agreement, the City of Pawtucket shall so notify the responsible person in writing by certified mail. Upon receipt of that notice, the responsible person shall have five calendar days to temporarily correct the violations and 30 calendar days to complete maintenance and permanently repair the facility in a manner that is approved by the municipality. If the responsible person fails or refuses to perform such maintenance and repair, the municipality may immediately summon the applicant/owner to appear before the Municipal Court.

Enforcement of penalties and liens. Should the applicant/owner fail to take the corrective actions, the City of Pawtucket shall then have the right to summon the applicant/owner to appear before the Municipal Court. The Municipal Court may issue an order authorizing the City to take the available appropriate remedies it deems necessary to correct the violations and may also order a fine of $100 per day that the violation goes unrepaired. The Municipal Court may also authorize the City 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 in the land evidence records of the City of Pawtucket, and shall incur legal interest from the date of recording. The imposition of any penalty shall not exempt the offender from compliance with the provisions of this article, including assessment of a lien on the property.

Administrative hearing. Any owner or responsible party receiving a written notice of violation shall be given an opportunity for a hearing before the City of Pawtucket Board of Appeals to state his/her case. Application for said appeal shall be received by the Board of Appeals prior to the date of compliance stipulated by the written notice of violation. In exercising its powers in ruling, the Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, and may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the officer or agency from whom the appeal was taken.