Westerly City Zoning Code
ARTICLE XII
General Development Standards
§ 260-88 Construction standards.
A.
Maintenance and protection of traffic. Traffic shall be maintained in the project area to the satisfaction of local regulatory agencies. The applicant or his agent, hereinafter called the "contractor," must maintain pedestrian and vehicular traffic. It is the responsibility of the contractor to contact the Director of Public Works, or other public utility or agency, when any work is contemplated within a public street or highway in order to coordinate such work.
B.
Safety. It is the responsibility of the contractor to provide, erect and maintain lighted barricades, signs, warning lights, etc., as needed, or as directed by the Town Highway Superintendent to keep people, animals and vehicles from excavations, obstacles, etc. The contractor may also be required to employ traffic persons and take other such reasonable means as needed to prevent damage or injury, and to minimize the inconvenience and danger to the public caused by construction operations. He shall arrange his operation to provide access to properties along the street and access to fire hydrants, manholes, gate boxes or other utilities. The contractor shall confine his occupancy of public or traveled ways to the smallest space compatible with the efficient and safe performance of the work contemplated.
§ 260-89 Erosion and sediment control.
[Amended 9-12-2005 by Ch. No. 1552; 7-19-2010 by Ch. No. 1719; 10-21-2013 by Ch. No. 1799]
A.
Purpose.
(1)
The Town Council finds that excessive quantities of soil are eroding from certain areas that are undergoing development for nonagricultural uses such as housing developments, industrial areas, recreational facilities, and roads. This erosion makes necessary costly repairs to gullies, washed-out fills, roads, and embankments. The resulting sediment clogs the storm sewers and road ditches, muddies streams, leaves deposits of silt in ponds and reservoirs, and is considered a major water pollutant.
(2)
The purpose of this section is to prevent soil erosion and sedimentation from occurring as a result of nonagricultural development within the Town by requiring proper provisions for water disposal, and the protection of soil surfaces during and after construction, in order to promote the safety, public health, and general welfare of the Town.
B.
Applicability. This section is applicable to any situation involving any disturbance to the terrain, topsoil or vegetative ground cover upon any property within the Town of Westerly after determination of applicability by the Building Official or his or her designee based upon criteria outlined in Subsection C. Compliance with the requirements as described in this section shall not be construed to relieve the owner/applicant of any obligations to obtain necessary state or federal permits.
C.
Determination of applicability.
(1)
It is unlawful for any person to disturb any existing vegetation, grades, and 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 or his or her designee. Upon determination of applicability, the owner/applicant shall submit a soil erosion and sediment control plan for approval by the Building Official or his or her designee, as provided in Subsection D. 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 or his or her designee to determine the potential for soil erosion and sedimentation resulting from the proposed project. In determining the applicability of the Soil Erosion and Sediment Control Ordinance to a particular land-disturbing activity, the Building Official or his or her designee shall consider site topography, drainage patterns, soils, proximity to watercourses, and other information deemed appropriate by the Building Official or his or her designee. A particular land-disturbing activity shall not be subject to the requirements of this section if the Building Official or his or her designee 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 or watercourse, as defined in Subsection I. The current "Rhode Island Soil Erosion and Sediment Control Handbook," United States Department of Agriculture Natural Resources Conservation Service, Rhode Island Department of Environmental Management, and Rhode Island State Conservation Committee shall be consulted in making this determination.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
This section shall not apply to existing quarrying operations actively engaged in excavating rock but shall apply to sand and gravel extraction operations.
(3)
No determination of applicability is required for the following:
(a)
Construction, alteration, or use of any additions to existing single family or duplex homes or related structures, provided that the grounds coverage of addition is less than 1,000 square feet, and construction, alteration and use does not occur within 100 feet of any watercourse or coastal feature, and the slopes at the site of land disturbance do not exceed 10%.
(b)
Use of a home garden in association with on-site residential use.
(c)
Accepted agricultural management practices such as seasonal tilling and harvest activities associated with property utilized for private and/or commercial agricultural or silvacultural purposes.
(d)
Excavations for improvements other than those described in Subsection C(3)(a) of this section which exhibit all of the following characteristics:
[1]
Does not result in a total displacement of more than 50 cubic yards of material;
[2]
Has no slopes steeper than 10 feet vertical in 100 feet horizontal or approximately 10%; and
[3]
Has all disturbed surface areas promptly and effectively protected to prevent soil erosion and sedimentation.
(e)
Grading, as a maintenance measure, or for landscaping purposes on existing developed land parcels or lots, provided that all bare surface is immediately seeded, sodded or otherwise protected from erosive actions, and all of the following conditions are met:
[1]
The aggregate area of activity does not exceed 2,000 square feet; and
[2]
The change of elevation does not exceed two feet at any point; and
[3]
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.
(f)
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 that adequate and acceptable erosion and sediment controls are incorporated, in engineering plans and specifications, and employed. Appropriate controls apply during construction as well as after the completion of these activities. All work shall be undertaken in accordance with the performance principles provided for in Subsection E(3) and the standards and definitions that may be adopted to implement the performance principles.
D.
Provisions of plan; procedures.
(1)
Plan.
(a)
To obtain approval for a land-disturbing activity as found applicable by the Building Official or his or her designee under Subsection C, an applicant shall first file an erosion and sediment control plan signed by the owner of the property, or authorized agent, on which the work subject to approval is to be performed. The plan or drawings, as described in Subsection E, shall include proposed erosion and sediment control measures to be employed by the applicant or the applicant's agent.
(b)
Rhode Island Freshwater Wetlands Permit. Where any portion of a proposed development requires approval under any provision of the General Laws approved by the General Assembly or where the 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 under this section for the development.
(2)
Fees. The Town adopting this section may collect fair and reasonable fees from each applicant requesting approval of a soil erosion and sediment control plan for the purposes of administering this section.
(3)
Plan review.
(a)
Within five working days of the receipt of a completed plan, the Building Official or his or her designee shall send a copy of the plan to the review authorities which may include the Public Works Department, the Planning Board or Planning Department, and Conservation Commission for the purpose of review and comment. The Building Official or his or her designee may also, within five working days, submit copies of the plan to other local departments or agencies, including the conservation district that services their county, in order to better achieve the purposes of this chapter. Failure of these review authorities to respond within 21 days of their receipt of the plan shall be deemed as no objection to the plan as submitted.
(b)
The time allowed for plan review shall be commensurate with the proposed development project, and shall be done simultaneously with other reviews.
(4)
Plan approval.
(a)
The Building Official or his or her designee shall take action in writing, either approving or disapproving the plan, with reasons stated within 10 days after the Building Official has received the written opinion of the review authorities.
(b)
In approving a plan, the Building Official or his or her designee may attach conditions deemed reasonably necessary by the review authorities to further the purposes of this section. The 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, furnishings, necessary easements, and specifying a method of performing various kinds of work, and the sequence or timing of the work. The applicant/owner shall notify the Building Official, or his or her designee, in advance of his or 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.
(5)
Appeals.
(a)
Administrative procedures.
[1]
If the ruling made by the Building Official or his or her designee is unsatisfactory to the applicant/owner, the applicant/owner may file a written appeal. The appeal of plans for soil erosion and sediment control shall be to the Zoning Board of Review or other appropriate board of review, as determined by the Town Council.
[2]
Appeal procedures shall follow current requirements for appeal to the above-mentioned boards.
[3]
During the period in which the request for appeal is filed, and until the time that a final decision is rendered on the appeal, the decision of the Building Official or his or her designee remains in effect.
(b)
Expert opinion. The official, or his or her designee, the Zoning Board of Review, or other board of review, may seek technical assistance on any soil erosion and sediment control plan. The expert opinion must be made available in the office of the Building Official, or his or her designee, as a public record prior to the appeals hearing.
E.
Soil erosion and sediment control plan.
(1)
Plan preparation. The erosion and sediment control plan shall be prepared by a registered engineer, or landscape architect or a soil and water conservation society certified erosion and sediment control specialist, and copies of the plan shall be submitted to the Building Official or his or her designee.
(2)
Plan contents. The erosion and sediment control plan shall include sufficient information about the proposed activities and land parcels to form a clear basis for discussion and review and to assure compliance with all applicable requirements of this chapter. The plan shall be consistent with the data collection, data analysis, and plan preparation guidelines in the current "Rhode Island Soil Erosion and Sediment Control Handbook," prepared by the United States Department of Agriculture, Soil Conservation Service, Rhode Island Department of Environmental Management, Rhode Island State Conservation Committee, and, at a minimum, shall contain:
(a)
A narrative describing the proposed land-disturbing activity and the soil erosion and sediment control measures and stormwater management measures to be installed to control erosion that could result from the proposed activity. Supporting documentation, such as a drainage area, existing site, and soil maps shall be provided as required by the Building Official or his or her designee.
(b)
Construction drawings illustrating in detail existing and proposed contours, drainage features, and vegetation; limits of clearing and grading, the location of soil erosion and sediment control and stormwater management measures, detail drawings of measures; stock piles and borrow areas; sequence and staging of land disturbing activities; and other information needed for construction.
(c)
Other information or construction plans and details as deemed necessary by the Building Official or his or her designee for a thorough review of the plan prior to action being taken as prescribed in this chapter. Withholding or delay of information may be reasons for the Building Official or his or her designee to judge the application as incomplete and providing grounds for disapproval of the application.
(3)
Performance principles. The contents of the erosion and sediment control plan shall clearly demonstrate how the principles, outlined in this subsection, have been met in the design and are to be accomplished by the proposed development project.
(a)
The site selected shall show due regard for natural drainage characteristics and topography.
(b)
To the extent possible, steep slopes shall be avoided.
(c)
The grade of created slopes shall be minimized.
(d)
Post-development runoff rates should not exceed predevelopment rates, consistent with other stormwater requirements which may be in effect. Any increase in storm runoff shall be retained and recharged as close as feasible to its place of origin by means of detention ponds or basins, seepage areas, subsurface drains, porous paving, or similar technique.
(e)
Original boundaries, alignment, and slope of watercourses within the project locus shall be preserved to the greatest extent feasible.
(f)
In general, drainage shall be directed away from structures intended for human occupancy, municipal or utility use, or similar structures.
(g)
All drainage provisions shall be of a design and capacity so as to adequately handle stormwater runoff, including runoff from tributary upstream areas which may be outside the locus of the project.
(h)
Drainage facilities shall be installed as early as feasible during construction, prior to site clearance, if possible.
(i)
Fill located adjacent to watercourses shall be suitably protected from erosion by means of riprap, gabions, retaining walls, vegetative stabilization, or similar measures.
(j)
Temporary vegetation and/or mulching shall be used to protect bare areas and stockpiles from erosion during construction; the smallest areas feasible shall be exposed at any one time; disturbed areas shall be protected during the nongrowing months, November through March.
(k)
Permanent vegetation shall be placed immediately following fine grading.
(l)
Trees and other existing vegetation shall be retained whenever feasible; the area within the dripline shall be fenced or roped off to protect trees from construction equipment.
(m)
All areas damaged during construction shall be resodded, reseeded, or otherwise restored. Monitoring and maintenance schedules, where required, shall be predetermined.
(4)
Existing uses and facilities.
(a)
The Building Official and/or his or her designee shall accept plans for existing uses and facilities which by their nature may cause erosion and sedimentation, such as excavation and quarrying operations, provided that this subsection shall not apply to Subsection C(1). Plans or satisfactory evidence to demonstrate that the existing operations accomplish the objectives of this section shall be submitted to the Building Official and/or his/her designee within 120 days from the date of the determination of applicability. Implementation of the plan shall be initiated upon approval of the plan.
(b)
When the preexisting use is a gravel extraction operation, the property owner shall conduct the operation in a manner so as not to devalue abutting properties; to protect abutting property from wind erosion and soil erosion due to increased runoff, sedimentation of reservoirs, and drainage systems; and to limit the depth of extraction so as not to interfere with the existing nearby water table.
F.
Enforcement; performance bond.
(1)
Performance bond.
(a)
Before approving an erosion sediment control plan, the Building Official or his or her designee may require the applicant/owner to file a surety company performance bond, deposit of money, negotiable securities, or other method of surety, as specified by the Building Official or his or her designee. When any land-disturbing activity is to take place within 100 feet of any watercourse or coastal feature or within an identified flood hazard district, or on slopes in excess of 10%, the filing of a performance bond shall be required. The amount of the bond, as determined by the Public Works Department, or in its absence, the Building Official or his or her designee, shall be sufficient to cover the cost of implementing all erosion and sediment control measures as shown on the plan.
(b)
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 Town Solicitor.
(c)
A performance bond for an erosion sediment control plan for a subdivision may be included in the performance bond of the subdivision. The posting of the bond as part of the subdivision performance bond does not, however, relieve the owner of any requirements of this section.
(d)
Notice of default on performance secured by bond.
[1]
Whenever the Building Official or his or her designee finds that a default has occurred in the performance of any terms or conditions of the bond or in the implementation of measures secured by the bond, written notice shall be made to the applicant and to the surety of the bond by the Municipal Solicitor. The notice shall state the nature of default, work to be done, the estimated cost, and the period of time deemed by the Building Official or his or her designee to be reasonably necessary for the completion of the work.
[2]
Failure of the applicant to acknowledge and comply with the provisions and deadlines outlined in the notice of default means the institution, by the Town 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 Town, by contract or by other appropriate means as determined by the Town Solicitor.
(e)
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, notice and procedure are the same as provided for in Subsection F(1)(d) of this section.
(f)
Release from performance bond conditions. The performance bonding requirement shall remain in full force and effect for 12 months following completion of the project, or longer if deemed necessary by the Building Official or his or her designee.
(2)
Approval; expiration; renewal.
(a)
Every approval granted in this section shall expire at the end of the time period established in the conditions. The developer shall fully perform and complete all of the work required within the specified time period.
(b)
If the developer is unable to complete the work within the designated time period, he or she shall, at least 30 days prior to the expiration date, submit a written request for an extension of time to the Building Official or his or her designee, stating the underlying reasons for the requested time extension. If the extension is warranted, the Building Official or his or her designee may grant an extension of time up to a maximum of one year from the date of the original deadline. Subsequent extensions under the same conditions may be granted at the discretion of the Building Official.
(3)
Maintenance of measures. Maintenance of all erosion sediment control devices under this section shall be the responsibility of the owner. The erosion sediment control devices shall be maintained in good condition and working order on a continuing basis. Watercourses originating and located completely on private property shall be the responsibility of the owner to their point of open discharge at the property line or at a communal watercourse within the property.
(4)
Liability of applicant. Neither approval of an erosion and sediment control plan nor compliance with any condition of this chapter shall relieve the owner/applicant from any responsibility for damage to persons or property, nor impose any liability upon the Town for damages to persons or property.
G.
Inspections.
(1)
Periodic inspections. The provisions of this section shall be administered and enforced by the Building Official or his or her designee. All work shall be subject to periodic inspections by the Building Official, or his or her designee. All work shall be performed in accordance with an inspection and construction control schedule approved by the Building Official or his or her designee, who shall maintain a permanent file on all of his or her inspections. Upon completion of the work, the developer or owner shall notify the Building Official or his or her designee that all grading, drainage, erosion and sediment control measures and devices, and vegetation and ground cover planting has been completed in conformance with the approval, all attached plans, specifications, conditions, and other applicable provisions of this section.
(2)
Final inspection.
(a)
Upon notification of the completion by the owner, the Building Official or his or her designee shall make a final inspection of the site in question, and shall prepare a final summary inspection report of its findings which shall be retained in the Department of Inspections, and in the Department of Public Works' permanent inspections file.
(b)
The applicant/owner may request the release of his or her performance bond from the Building Official or his or her designee 12 months after the final site inspection has been completed and approved. In the instance where the performance bond has been posted with the recording of a final subdivision, the bond shall be released after the Building Official or his or her designee has been notified by the Town planning director of successful completion of all plat improvements by the applicant/owner.
H.
Notification; penalties.
(1)
Notification.
(a)
Noncompliance. 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 the plan, a written notice from the Building Official or his or her designee to comply shall be transmitted by certified mail to the owner. The notice shall state the nature of the temporary and permanent corrections required, and the time limit within which corrections shall be completed as established in Subsection H(2)(b). Failure to comply with the required corrections within the specified time limit is considered a violation of this section, in which case the performance bond or cash or negotiable securities deposit is subject to notice of default, in accordance with Subsection F(1)(d) and (e).
(2)
Penalties.
(a)
Revocation or suspension of approval. The approval of an erosion and sediment control plan under this chapter may be revoked or suspended by the Building Official and all work on the project halted for an indefinite time period by the Building Official after written notification is transmitted by the Building Official to the developer for one or more of the following reasons:
[1]
Violation of any condition of the approved plan, or specifications pertaining to it;
[2]
Violation of any provision of this section or any other applicable law, ordinance, rule, or regulation related to the work or site of work; and
[3]
The existence of any condition or the performance of any act constituting or creating a nuisance, hazard, or endangerment to human life or the property of others, or contrary to the spirit or intent of this section.
(b)
Other penalties. In addition, whenever there is a failure to comply with the provisions of this section, the Town has the right to notify the applicant/owner that he or 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 thirty-day period, the Town then has 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 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 with the records of land evidence of the municipality, and the lien does 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 section, including revocation of the performance bond or assessment of a lien on the property by the Town.
(c)
In addition to any other penalties provided in this section, a Town is authorized and empowered to provide by local ordinance for penalties and/or fines of not more than $250 for failure to submit plans on or before the date on which the plan must be submitted, as stated in the determination of applicability. Each day that the plan is not submitted constitutes a separate offense.
I.
Definition of selected terms. As used in this section, the following terms shall have the meanings indicated:
APPLICANT
Any persons, corporation, or public or private organization proposing a development which would involve disturbance to the natural terrain as defined in this section.
COASTAL FEATURE
Coastal beaches and dunes, barrier beaches, coastal wetlands, coastal cliffs, bluffs, and banks, rocky shores, and manmade shorelines as defined in "The State of Rhode Island Coastal Resources Management Program" as amended June 28, 1983.
CUT
An excavation. 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
Any construction, reconstruction, 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 Town.
EROSION
The removal of mineral and/or organic matter by the action of wind, water, and/or gravity.
EXCAVATE
Any act by which earth, sand, gravel, or any other similar material is dug into, cut, removed, displaced, relocated, or bulldozed, and includes the resulting conditions.
FILL
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
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
The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow, and 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
Solid material, both mineral and/or organic, that is in suspension, is being transported, or has been moved from its site or origin by wind, water, and/or gravity as a product of erosion.
SOIL EROSION AND SEDIMENT CONTROL PLAN
The approved document required before any person may cause a disturbance to the natural terrain within the Town as regulated by this section. Also, referred to as erosion and sediment control plan, approved plan.
WATERCOURSE
Any tidewater or coastal wetland at its mean high water level, and any freshwater wetland at its seasonal high water level, including, but not limited to, any river, stream, brook, pond, lake, swamp, marsh bog, fen, wet meadow, or any other standing or flowing body of water. The edge of the watercourse shall be used for delineation purposes.
§ 260-90 (Reserved) [1]
[1]
Editor's Note: Former § 260-90, Landscaping requirements, was repealed 10-26-2020 by Ch. No. 1997.
§ 260-91 Outdoor storage and disposal.
A.
Outdoor storage prohibitions. No materials or wastes shall be deposited in any manner that they may be transferred off the property by natural causes or forces. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise attractive to rodent or insects shall be stored outdoors only in enclosed containers.
B.
Outdoor storage restrictions. The following limitation on the aboveground storage of certain materials shall be enforced:
(1)
Fuel tanks for energy or heating devices or appliances, tanks containing compressed natural gas, and the fueling of vehicles operated in association with a permitted use may utilize aboveground tanks, provided that they are located a minimum of 1,000 feet from any residential use, a hospital, an auditorium, or other building used for public assembly.
(2)
Loading or unloading operations located within 200 feet of and abutting residential districts shall not be conducted between the hours of 9:00 p.m. and 6:00 a.m. or else shall be conducted entirely within an enclosed structure.
(3)
A fence, wall, hedge, landscaping, earth berm, natural buffer area, or any combination thereof shall be provided to obscure certain uses or portions of a specific use which by their nature are unsightly or which represent the potential to negatively impact adjacent properties. At minimum the following uses or features shall be screened from adjacent properties and from public view from a public street:
(a)
Dumpster and trash-handling areas.
(b)
Service entrances and utility areas.
(c)
Loading docks or spaces.
(d)
Outdoor storage of any materials, stock, or equipment.
C.
Screening standards. Any screening utilized to fulfill the requirements of this section shall consist of an area no less than five feet in width to visually separate land uses. The following standards shall apply to all screening:
(1)
Maximum height at any point for a solid screening structure located along the property line: eight feet.
(2)
Maximum height in any required front yard for solid screening structure including earth berm: six feet.
(3)
Minimum height of any screening shall be five feet or a greater height if necessary to visually separate uses within the subject property from adjoining properties or public streets.
(4)
Height of any screening materials on a corner lot is controlled by vehicular sight distance consideration at the street intersections.
(5)
For every 50 feet of property line where screening is required, an evergreen tree of at least two inches in caliper at three feet from grade shall be planted and incorporated into the screening material.
(6)
Any earth berm used to fulfill the screening requirements shall be stabilized to control erosion and landscaped with grasses, shrubs and trees.
(7)
Shrubs used as screening materials shall be of evergreen varieties and shall be at least three feet in height and no farther than six feet apart when planted. Shrubs shall be of variety that an average height of five to six feet could be expected as normal growth within two years from the time of planting.
(8)
All manufacturing, storage, or similar uses shall be conducted within enclosed buildings, except that outside storage may be permitted if it is located directly to the rear of the principal building. It shall not occupy an area wider than the principal building and shall be adequately screened from public view by a fence or plant material. No storage shall be permitted above the height of the screen or fence.
§ 260-92 Access to Town and state roads.
A.
Driveway access. Plans for any driveway access onto any Town or state road shall show any construction, cut, fill, or other alteration of grade or pitch within the Town or state right-of-way. No zoning certificate shall be issued by the Zoning Official for construction or use of land requiring an access driveway onto a Town or state road until the applicant obtains the written approval of the Director of Public Works or his authorized representative. All driveway access to state roads requires the approval in writing of the State of Rhode Island Department of Transportation. Such approval shall state that the proposed access driveway will not substantially interfere with traffic flow and any future widening of the road and will not constitute a safety hazard to traffic on the state road.
B.
Specifications. All specifications for any such driveway access must conform to the following requirements:
(1)
Any driveway shall be so graded that it will not be necessary to change the established grade of the adjacent Town or state road.
(2)
No part of any driveway access shall extend beyond the road line in such a manner as to change the grade of the road or obstruct the free flow of water draining off the road.
(3)
Where a driveway approach crosses an open ditch or where such construction will interfere with the drainage of water along the side of the road, a culvert of such size and width and of such material as determined by the Director of Public Works or his representative shall be installed.
(4)
The driveway access shall be so constructed that there will be no drainage from the driveway onto the Town or state road. Written approval of drainage plans shall be obtained from the Town Engineer.
(5)
If, in the opinion of the Director of Public Works or his representative, protection is required for the shoulder and/or edge of the Town or state road, an apron of bituminous concrete or other suitable material or treatment shall be installed.
(6)
All required construction shall be at the property owner's expense.
C.
Inspection. Upon completion of construction of a driveway access, the Director of Public Works or his authorized agent shall make a final inspection and accept or reject, in writing to the Zoning Official, such construction. In the event of rejection, the owner shall be given a period of 30 days to bring such construction into compliance with all pertinent regulations. At the end of this thirty-day period, absent such compliance, the driveway access shall cease to be utilized. The Zoning Official shall also have the authority to require repair or reconstruction of any existing driveway access to a Town or state road that does not conform to the requirements of pertinent regulations.
D.
Public street ingress and egress. No building shall be erected upon a lot which does not have access to a public street.
§ 260-93 Nuisances.
Nuisances do not come under the protective provisions of § 260-32, and, therefore, the following regulations shall apply to all land uses within the Town. These regulations pertain to new development under this chapter only insofar as such development is permitted under the provisions of this chapter.
A.
Electromagnetic interference. In all zoning districts, no use, activity, or process shall be conducted which causes electromagnetic interference with normal radio or television reception from off the premises where the activity is conducted.
B.
Humidity and heat. In all zoning districts, any activity producing humidity in the form of steam or moist air, or producing heat, shall be carried on in such a manner that the steam, humidity, or heat is not perceptible to normal senses at any lot line.
C.
Noise. At no point within any zoning district shall the sound level of any use exceed the maximum permissible sound levels established by Chapter 171, Noise, of the Code of the Town of Westerly.
D.
Odorous matter. Emission of odorous gases or other matter released from any operation or activity shall not cause an obnoxious odor beyond lot lines, measured either at ground level or habitable elevation.
E.
Vibration. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on any boundary line of the lot on which the use is located.
F.
Lighting. Exterior lighting shall be installed in such a manner that the light source will be sufficiently obscured to prevent glare on public streets or into any residential area. Outside lights must be made up of light source and reflector so that, acting together, the light beam is controlled and not directed across a property line. A person shall not conduct a use that has a visible source of illumination that produces glare or direct illumination across a property line of an intensity in excess of 0.5 footcandles.
G.
Combustible/explosive materials. In all zoning districts, all uses involving explosive and/or combustible materials shall comply with the rules and regulations of the State Fire Marshal.
H.
Gas. No uses shall emit noxious, toxic, or corrosive fumes or gases in concentrations or amounts causing discomfort of injury to humans or harmful to vegetation. The owner or occupier of the land shall upon request obtain confirmation in writing from the Department of Health of the State of Rhode Island that the proposed levels will be safe to the general population.
I.
Hazardous materials. If any use of land requires the use, storage, or disposal of hazardous materials on site, the use shall comply with all fire and building codes for hazardous materials use and adequate precautions shall be taken to protect against negative off-site impacts of a hazardous materials release, using best available technology. Upon request, the owner or occupier of the land shall obtain a hazardous material impact analysis approved by the appropriate fire district to determine potential off-site impacts and required mitigation precautions.
J.
Radiation hazards. The airborne emission of radioactive material shall comply with the latest provisions of the State of Rhode Island Rules and Regulations pertaining to radiation control.
K.
Smoke/particulate matter. No emission of smoke or particulate matter which can cause any damage to health, animals, vegetation, or other forms of property, or which can cause excessive soiling is permitted. No emission at any point from any chimney or otherwise of visible gray smoke of a shade darker than No. 1 of the Ringelmann Smoke Chart as published by the United States Bureau of Mines is permitted. Dust and other types of air pollution, borne by the wind from such sources as storage areas, yards, roads, and driveways within lot boundaries, shall be kept to a minimum by appropriate landscaping.
L.
Toxic/noxious matter. No use shall for any period of time discharge across the boundaries of the lot wherein toxic matter is located in such concentrations as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to property or business.
M.
Liquid waste.
(1)
Standards. Liquid effluent from any treatment process which is discharged into the ground shall at all times comply with the following standards:
(a)
Maximum five-day biochemical oxygen demand: 20 parts per million.
(b)
Maximum total solids: 5,000 parts per million.
(c)
Maximum phenol: 0.01 parts per million.
(d)
Maximum pH limits: above 6.5 or below 8.0.
(2)
Location of disposal facilities: Septic tank, leach field or other disposal place for liquid waste shall not be located less than 400 feet from the nearest point of any public drinking water wellhead area.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
Toxic substances: No effluent shall contain any other acids, oils, dust, toxic metals, corrosive or other toxic substance in solution or suspension which would create odors, discolor, poison, or otherwise pollute any stream or other groundwater supply.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
Temperature: No discharge shall raise the temperature of a water body above temperatures which are normal for such bodies and can support normal aquatic life in such water body.