Municipal Code: City of Cranston, Rhode Island
Chapter 15.24 - COMMERCIAL AND INDUSTRIAL BUILDING STANDARDS
15.24.010 - Maintenance of commercial and industrial buildings.
It is found and declared that there exist within the city numerous commercial and industrial buildings
and premises which are substandard due to dilapidation, deterioration and disrepair, structural defects,
uncleanliness and other conditions and defects which increase the hazards of fire and accident, and
depreciate the value of property; that these conditions singly or in combination endanger health, safety, and
general welfare if the people of the city and give impetus to the development, continuation, extension and
aggravation of blighted and substandard conditions on commercial and industrial premises and abutting
dwelling premises in the city, and that regulation of commercial premises is necessary for the preservation
of health, safety, and welfare of the inhabitants of the city and for the protection of property.
(Prior code § 14-74)
15.24.020 - Definitions.
"Premises" means any land, whether vacant or occupied, on which commercial business or industrial
use is permitted under the zoning ordinance of the city.
"Structure" means all structures used or intended to be used for commercial, business or industrial
use or occupancy.
(Prior code § 14-74.1)
15.24.030 - Prohibited and required conditions.
No person shall own, occupy or permit to be occupied by another, any accessory structure or premises
not complying with the provisions of this section.
A.
The grading and drainage of premises and accessory structures shall be such that no water shall
be allowed to seep into any basement or cellar, or to accumulate or become stagnant therein or
on the premises and on the roof.
B.
Every foundation floor, roof, ceiling, and exterior and interior wall shall be reasonably
weathertight, watertight and damp-free, and shall be kept in sound condition and good repair. All
exterior wood surfaces shall be protective covering or treatment.
C.
All premises shall be graded, drained, free of standing water and maintained in a clean, safe and
sanitary condition.
D.
No garbage, rubbish or debris shall be permitted to remain on the premises unless in a bin,
dumpster or receptacle.
E.
Every window, exterior door and bulkhead shall be reasonably weathertight, watertight and rodent
proof, and shall be kept in sound working condition and overall good repair.
F.
Every inside and outside stairway, every porch and every appurtenance shall be maintained in
safe condition and overall good repair.
(Prior code § 14-74.2)
15.24.040 - Maintenance of areas around business premises.
The owner or person in control of any public place, including, but not limited to, restaurants, shopping
centers, fast food outlets, stores, motels, industrial and commercial establishments, to maintain such areas
in a reasonably clean and orderly manner and to a standard conforming to other orderly areas in that vicinity.
It shall be a violation of this section to abandon, neglect or disregard the condition or appearance of any
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area so as to permit it to accumulate litter, refuse, rubbish, trash, and the growth of weeds and/or grasses
to height of ten (10) inches or over.
(Prior code § 14-74.3)
15.24.050 - Enforcement—Notice of violation—Correction of violations.
A.
The director of building safety and inspections shall be responsible for the enforcement of this section.
B.
Whenever the director or his or her agent determines that there are reasonable grounds to believe that
there is a violation of these minimum standards, he or she shall give notice to the owner, occupant or
person permitting occupancy. Such notice shall be in writing, shall give a reasonable time to correct
the violation and shall be served or deemed to be served in the manner provided in Section 15.12.180.
C.
In the event correction is not made within the time prescribed in the notice of violation provided for in
a subsection (B) of this section, the director or city solicitor shall cause an appropriate complaint to be
brought before the municipal court of the city.
D.
Whenever the director or his or her agent determines that there are reasonable grounds to believe that
there has been a violation of the minimum standards of this chapter within one year of final adjudication
of a similar violation of this complaint to be brought before the municipal court of the city and time to
correct said violation, pursuant to subsection (B) of this section, shall not apply.
(Prior code § 14-74.4)
15.24.060 - Penalty.
Any person who owns, occupies, or permits to be occupied by another any structure or premises in
violation of this chapter shall be punishable as provided in RIGL 45-2-21. Each day's failure to comply with
any such provision shall constitute a separate violation.
(Prior code § 14-74.5)
Chapter 15.28 - SOIL EROSION AND SEDIMENTATION CONTROL
Article I - In General
15.28.010 - Purpose.
The city council finds that excessive quantities of soil are eroding from certain areas that are
undergoing development for non-agricultural 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, road ditches and muddles
streams, leaves deposits of silt in ponds and reservoirs and is considered a major water pollutant.
The purpose of this chapter is to prevent soil erosion and sedimentation from occurring as a result of
non-agricultural development within the city 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,
convenience and general welfare of the city.
It shall also be the purpose of this chapter to assure that significant development of land within the city
is carried out with appropriate measures to control drainage and run-off, sedimentation and off-site water
pollution as necessary measures to protect the health, safety and welfare of the citizens of the city.
(Prior code § 31-1)
Article II - Projects
15.28.020 - Applicability.
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This chapter shall be applicable in any situation involving any disturbance to the natural terrain, topsoil
or vegetative ground cover upon any property within the city except as so specified in Section 15.28.030,
including but not limited to the following specific situations:
A.
For any development project subject to the obtaining of a building permit pursuant to the Cranston
building code.
B.
For any development project subject to the approval of a subdivision plan pursuant to the
Cranston subdivision regulations; however, the preliminary and final plats approved by the city
planning commission shall constitute the plan.
C.
All plans for projects undertaken by the city through private contractors shall include in the
specifications and in the contract documents the requirements of this chapter, "Soil Erosion and
Sedimentation Control".
D.
All projects undertaken directly by the department of public works and by its several divisions
shall be undertaken in accordance with the provisions of this chapter.
E.
Development of public or private projects which will exceed one-half acres must submit a storm
water management plan to the building inspector who shall refer said plan to the city engineer for
his or her review and approval.
(Prior code § 31-2)
Article III - Permits
15.28.030 - Permit required.
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 department of inspections (building inspector).
Exceptions to Permit Requirement
No permit shall be required under this chapter for the following:
A.
The construction, alteration or use of a single family residential structure or appurtenance or a
two-family residential structure or structures accessory thereto, which is or are to be constructed,
altered or used individually and not as part of a development, provided such construction,
including land distributing activities, does not occur within one hundred (100) feet of any
watercourse and has no slopes greater than ten (10) feet vertical in one hundred (100) feet
horizontal or ten (10) percent.
B.
Development projects where less than one-half acre is to be disturbed during one planting
season, and which disturbance of soil is not within one hundred (100) feet of any watercourse,
has no slope greater than ten (10) percent, and where in the opinion of the building inspector, no
soil erosion will occur.
C.
Accepted agricultural management practices such as seasonal tilling and harvest activities
associated with property utilized for private and/or commercial agricultural or silvicultural
purposes;
D.
An excavation which exhibits all of the following characteristics:
1.
Is less than four feet in vertical depth at its deepest point as measured from the average
elevation of the natural ground surface;
2.
Does not result in a total displacement of more than one hundred (100) cubic yards of
material on any lot, land, parcel, or subdivision;
3.
Has no slopes steeper than ten (10) feet vertical in one hundred (100) feet horizontal or
approximately ten (10) percent; and
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4.
E.
F.
Has all disturbed surface areas promptly and effectively protected to prevent soil erosion
and sedimentation from occurring including seeding and/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.
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 of area(s) affected or stripped at any one time does not exceed ten thousand
(10,000) square feet;
2.
The change of elevation does not exceed two 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 material in excess of five hundred (500) cubic
yards.
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 right-of-ways
dedicated to public use; provided, however, that adequate and acceptable erosion and
sedimentation 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.
(Prior code § 31-3)
Article IV - Administration
15.28.040 - Provisions—Procedures.
A.
Plan. To obtain approval for a permit under the previous section, an applicant shall first file an erosion
and sedimentation 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 Section 15.28.050,
shall include proposed erosion and sedimentation control measures to be employed by the applicant
or his or her agent.
R.I. Freshwater Wetlands Permit: Where any portion of a proposed development requires approval
under the R.I. Freshwater Wetlands Act, 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.
B.
Fees—Building Permits: 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
15.28.030.
C.
Plan Review.
1.
Within five working days of the receipt of a completed plan, the department of inspection shall
send a copy of the plan to the public works director and the city planning director for the purpose
of review and comment. The building inspector may also within the above time frame submit
copies of the plan to other local departments and/or agencies in order to better achieve the
purpose of this chapter.
2.
The time allowed for plan review shall be commensurate with the proposed development project,
and shall be done simultaneously with other reviews.
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D.
Plan Approval. The building inspector shall take action in writing either approving or disapproving the
plan with reasons stated within ten (10) days after he or she has received the written opinion of the
public works director and the city planning director. Failure of the public works director or the city
planning director to respond within twenty-one (21) days of the receipt of the plan shall be deemed as
no objection to the plan as submitted.
In approving a plan, the building inspector may attach such conditions deemed reasonably necessary
by the director of public works and the city planning director to prevent damage to public or private property.
Such conditions pertaining to erosion and sedimentation control measures and/or devices, may include,
but are not limited to, the erection of walls, drains, dams and structures, planting, vegetation, trees, shrubs,
furnishings, 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 inspector in advance of this intent
to begin clearing and construction work described in the erosion and sedimentation control plan. The
applicant shall have the erosion and sedimentation control plan on the site during grading and construction.
E.
Appeals.
1.
Administrative Procedures. If the ruling made by the building inspector 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 to the platting board of review.
Appeal procedures shall follow current requirements for appeal to either of the two boards
above.
However, under any appeal proceeding, the building inspector 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 inspector, shall be read into the official record of the hearing.
2.
Appeal Powers: The platting board of review and the building appeals board shall have authority
to hear appeals and grant relief from the requirements of this chapter in accordance with the
provisions of Sections 9.09, 9.10 and 13.06 of the charter of the code.
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 inspector shall remain in effect.
3.
Expert Opinion. The building inspector, the building appeals board, or the platting 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 inspector as a public record prior to the
appeals hearing.
(Prior code § 31-4)
Article V - Erosion-Sediment Plan
15.28.050 - Plan contents.
A.
The erosion and sedimentation control plan shall be drawn on standard eight and one-half inch by
eleven (11) inch, eleven (11) inch by seventeen (17) inch or twenty-four (24) inch by thirty-six (36) inch
sheets at a suggested scale of one inch equals forty (40) feet. A key sheet shall be included if a plan
consists of more than two sheets.
The erosion and sedimentation 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 assure 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 inspector,
shall be submitted.
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C.
This 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 Cranston city 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 disturbance 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 one hundred (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 one hundred (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 one hundred (100) feet
of the site on which the work is to be performed. Included shall be a delineation of any areas
designated as flood hazards by the Federal Insurance Administration;
10. The names and addresses of all owners of abutting parcels and the location of all adjoining lot
boundaries according to the latest city assessor's records;
11. The approximate total quantity of earthwork involved in the proposed work, with appropriate
breakdowns as to cut and fill;
12. The location and extent of the removal of existing topsoil, trees, and other vegetation. 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 sedimentation control measures and
facilities. This shall include planting and seeding dates and application rates, and a 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 sedimentation 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 inspector or his or 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 inspector to judge the application as incomplete and
grounds for disapproval.
17. Performance Principles.
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a.
The contents of the erosion and sedimentation control plan shall clearly demonstrate how
the principles, outlined below, have been met in the design and are to be accomplished by
the proposed development project.
The site selected should show due regard for natural drainage characteristics and
topography.
Areas with slopes exceeding ten (10) percent should be avoided.
The grade of slopes created shall be minimized.
When downstream capacities prove to be inadequate, any increase in storm runoff shall
be controlled on-site to minimize downstream impact. This increased storm runoff should 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.
Original boundaries, alignment and slope of watercourses within the project locus
should be preserved as much as feasible.
In general, drainage shall be directed away from structures intended for human
occupancy, municipal or utility use or similar structures;
All drainage provisions shall be of such a design and capacity so as to adequately
handle storm water runoff, including runoff from tributary upstream areas which may be
outside the focus of the project;
Drainage facilities should be installed as early as feasible during construction, prior to
site clearance, if possible.
Fill located adjacent to watercourses shall be suitably protected from erosion by means
of rip-rap, gabions, retaining walls, vegetative stabilization, or similar measures;
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 non-growing months, November
through March;
Permanent vegetation shall be placed immediately following fine grading;
Trees and other existing vegetation should be retained as much as possible. Fence or
rope off beyond the dripline of the crown to protect trees from construction equipment;
Areas damaged during construction shall be resodded, reseeded, or otherwise
restored.
Monitoring and maintenance schedules shall be predetermined for measures that
require them.
B.
In order to comply with the principles set forth above, the building inspector may use as a reference in
determining the suitability and adequacy of erosion-sedimentation plans the publication entitled,
"Rhode Island Erosion and Sedimentation Control Handbook", U.S. Department of Agriculture, Soil
Conservation Service, West Warwick, Rhode Island, 1972, as revised.
C.
Technical Assistance. The applicant is encouraged to seek the assistance of the professional staff of
the department of public works prior to the submission of a permit application.
(Prior code § 31-5)
15.28.060 - Performance standards for storm water management plan.
A.
Storm water management plans for land developments of ten (10) acres or more shall show means
whereby the peak discharge for the developed site shall not exceed the peak discharge for the
undeveloped site for the one hundred (100) year storm.
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B.
Storm water management plans for land development of one-half acres or greater but less than ten
(10) acres shall show means whereby the peak discharge for the development site shall not exceed
the peak discharge for the undeveloped site for the twenty-five (25) year storm.
C.
Waivers. The building inspector may waive some or all of the requirements of this section where the
applicant shows that compliance with the section would cause a hardship not of his or her own making,
and where he or she finds that some or all required storm water management control(s) is/are
infeasible due to lot size limitations, site unsuitability and/or existing uses where the applicant can
show that changes in peak flows and pollutant loadings will have a negligible downstream effect. In
granting a waiver of said requirements, the building inspector shall however have obtained an opinion
from the city engineer verifying the accuracy of the applicant's data with regards to downstream
effect(s).
(Prior code § 31-5.1)
Article VI - Enforcement
15.28.070 - Performance bond.
A.
Performance Bond. Before approving an erosion sedimentation control plan, the building inspector
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 one hundred (100) feet
of any watercourse or within an identified flood hazard district, or on slopes of ten (10) 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.
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.
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 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. Whenever the building inspector 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 city solicitor. Such notice shall state the nature of default, work to
be done, the estimated cost thereof, and the period of time deemed by the building inspector to be
reasonably necessary for the completion of such work.
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 or 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, notice and procedure shall be the
same as provided for in the preceding subsection (B) of this section.
D.
Release from Performance Bond Conditions. The performance bonding requirement shall remain in
full force and effect until satisfactory completion of the work.
(Prior code § 31-6)
15.28.080 - Approval—Expiration—Renewal.
Every approval granted herein shall expire at the end of the time period set forth in the conditions. The
developer shall fully perform and complete all of the work required within the specified time period.
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If the developer is unable to complete the work within the designated time period, he or she shall, at
least thirty (30) days prior to the expiration date, submit a written request for an extension of time to the
building inspector, setting forth the reasons underlying the requested time extension. If the extension is
warranted, the building inspector 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 inspector.
(Prior code § 31-7)
15.28.090 - Maintenance of measures.
Maintenance of all erosion-sediment control devices under this chapter shall be the responsibility of
the owner. Such 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.
(Prior code § 31-8)
15.28.100 - Liability of applicant.
Neither approval of an erosion and sedimentation control plan and any storm water management plan
for 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 city for damages to persons or property.
(Prior code § 31-9)
Article VII - Inspections
15.28.110 - Periodic inspections.
A.
Periodic Inspections. The provisions of this chapter shall be administered and enforced by the building
inspector or his or her designated representative. All work shall be subject to periodic inspections by
the department of inspections staff or its authorized agent(s). All work shall be performed in
accordance with an inspection and construction control schedule approved by the building inspector
or his or her designated representative, who shall maintain a permanent file on all of its inspections.
Upon completion of the work, the developer or owner(s) shall notify the department of inspections that
all grading, drainage, erosion and sedimentation 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 chapter.
B.
Final Inspection. Upon such notification of the completion by the owner, the building inspector or his
or her authorized agent(s) 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.
After the final site inspection has been completed and approved, the applicant/owner may request a
release of his or her performance bond by the building inspector. 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
inspector has been notified by the city planning director of successful completion of all plat improvements
by the applicant/owner.
(Prior code § 31-10)
Article VIII - Notification
15.28.120 - Non-Compliance.
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If, at any stage, the work-in-progress and/or completed under the terms of an approved erosion and
sedimentation control plan does not conform to such plan, a written notice from the building inspector 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 Section
15.28.080(B) and (C) of this chapter.
(Prior code § 31-11)
15.28.130 - Penalties.
A.
B.
Revocation or Suspension of Approval. The approval of an erosion and sedimentation 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 inspector or his or 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, 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 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 chapter.
Other Penalties. In addition thereto, whenever there is a failure to comply with the provisions of this
act, the city shall have the right to notify the applicant/owner that it has five days from the receipt of
notice to temporarily correct the violations and thirty (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 (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.
(Prior code § 31-12)
Article IX - Selected Terms
15.28.140 - Definitions.
"Applicant" means any persons, corporation, or public or private organization proposing a development
project which would involve disturbance to the natural terrain as herein defined.
"Cut" means 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" means any construction, reconstruction, demolition, or removal or structures,
roadways, parking, or other paved areas, utilities, or other similar facilities, including any action requiring a
building permit by the city.
"Land disturbing activity" means any physical land development activity which included such actions
as clearance of vegetation; moving or filling of land; removal or excavation of soil or mineral resources; or
similar activities.
"Erosion" means the removal of mineral and/or organic matter by the action of wind, water, and/or
gravity.
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"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
aboveground. 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.
"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.
"Sedimentation" means the accumulation or deposition of the products of erosion.
"Soil erosion and sedimentation 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 erosion and sedimentation control plan, approved plan, plan.
"Runoff" means 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.
(Prior code § 31-13)
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Municipal Code: City of Cranston, Rhode Island
Title 17 - ZONING
Chapter 17.04 - GENERAL PROVISIONS, ADMINISTRATION AND ENFORCEMENT
17.84.010 - Purpose.
Proposed developments (development) shall be subject to a development plan review (DPR) to assure
that said developments occurs in a safe, orderly and harmonious manner. The purpose of this chapter is
to:
A.
Ensure that a development, including use and design, is compatible with the surrounding area;
B.
Ensure that there are adequate public facilities to service a development;
C.
Promote safe traffic pedestrian and bicycle circulation;
D.
Preserve and protect natural, historical and cultural resources; scenic or unique vistas and
environmental qualities;
E.
Provide open space and public access through landscape design;
F.
Require the treatment of erosion, stormwater runoff and pollution;
G.
Provide safe and efficient access and site circulation and adequate off-street parking and loading,
emergency access, trash disposal, outdoor storage, signage and lighting;
H.
Require consistency with the city's comprehensive plan and compliance with the zoning
ordinance (zoning) and other applicable ordinances of the municipal code (city code); and
I.
Identify issues to be addressed before a development proceeds to final design and engineering.
A DPR shall not be used to deny any use allowed by right as established by zoning.
(Ord. No. 2012-23, § 1, 9-24-12)
17.84.020 - Applicability.
The following activities shall be subject to the provisions of this chapter:
A.
B.
C.
A nonresidential development on a parcel not located in or within two hundred (200) feet of a
residential zoning district (all A-zones and B-zones) which proposes:
1.
A new structure(s) having eight thousand (8,000) square feet or more or that requires twentyfive (25) or more off-street parking spaces;
2.
To increase a structure(s) by the lesser of twenty-five (25) percent or four thousand square
feet provided that said structure(s) will have eight thousand (8,000) square feet or more after
the increase or that requires the addition of seven or more off-street parking spaces;
A nonresidential development on a parcel located in or within two hundred (200) feet of a
residential zoning district which proposes:
1.
A new structure(s) having an area of five thousand (5,000) square feet or more or that
requires fifteen (15) or more off-street parking spaces;
2.
To increase structure(s) by the lesser of five percent or one thousand five hundred (1,500)
square feet provided that said structure(s) will have five thousand (5,000) square feet or
more after the increase or that requires the addition of four or more off-street parking spaces.
A multi-family development which proposes four or more dwelling units or any accessory structure
of one thousand (1,000) square feet or more. Any increase in an existing development resulting
in four or more dwelling units.
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D.
E.
A change in use provided that said change would in any three-year period:
1.
Involve lesser of twenty (20) percent or fifteen thousand (15,000) square feet;
2.
Require the addition of six or more off-street parking spaces;
3.
Employ different materials and/or processes than those associated with the existing use;
4.
Result in significant changes to traffic flow or volumes, landscaping or buffering, hours of
operation, noise, effluent discharge, drainage or lighting.
Any Development which proposes to include a drive-thru use.
(Ord. No. 2012-23, § 1, 9-24-12)
17.84.030 - Exemptions.
The following activities shall be exempt from the provisions of this chapter:
A.
Construction or alteration of single/three-family dwellings including accessory structures;
B.
Modifications to existing nonresidential structures where there is no change in use or area;
C.
Subdivisions for single-family dwellings and residential planned districts.
(Ord. No. 2012-23, § 1, 9-24-12)
17.84.040 - Development plan review committee.
A DPR committee (DPRC) shall consist of the directors of planning and public works, fire chief,
inspector of buildings and public safety manager or their designees. The planning director shall serve as
the DPRC chair and the planning department (department) shall coordinate the DPR process.
(Ord. No. 2012-23, § 1, 9-24-12)
17.84.050 - Procedure.
A.
Concept Meeting. Upon written request, the DPRC may meet with an applicant to review concept plans
for a development. The DPRC shall not be bound by any comments made during said meeting.
B.
Pre-Application Meeting. Prior to filing for a DPR (application), an applicant shall meet with the
department to determine what materials shall be submitted with an application. Within fourteen (14)
days after the meeting, the department shall provide to an applicant a list of the plans and documents
to be submitted.
C.
Application. An application shall be filed with the department in accordance with Section 17.84.110. At
a minimum, it shall include all the items identified at the pre-application meeting. During its review, the
DPRC may request any additional materials it deems necessary to render a decision.
D.
Certification. The department shall certify an application as complete or incomplete within ten (10)
days after submission.
1.
For a complete application, the certification shall include date on which a DPR will be conducted.
2.
For an incomplete application, the certification shall identify the application's deficiencies. The
application form and the site plan, as determined by staff, shall also be filed electronically and
posted on the City's web site.
E.
Referrals. For a complete application, a copy of said application shall be forwarded to appropriate city
departments, committees, commissions and boards for review and comment.
F.
Plan Review. For a complete application, the DPRC shall conduct a DPR at a public meeting. The
mayor, city council and all owners of land (abutters) within two hundred (200) feet of the parcel being
reviewed shall be informed of said meeting with abutters being informed by first class mail posted a
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minimum of seven days prior to the meeting. During a DPR, an applicant may submit corrections and
additions. A DPR may be continued by vote of the DPRC.
G.
Decision. Within fourteen (14) days after the close of a public meeting, the PRC shall issue a written
decision on an application unless the DPRC extends said timeframe an additional twenty (20) days by
written notice to the applicant.
1.
A decision shall be by a majority vote of the DPRC.
2.
If an application is approved (approval), the DPRC may impose conditions or require
modifications to a development in order to mitigate impacts and insure compliance with zoning
and other city codes and regulations.
3.
If an application is denied, the DPRC shall make findings detailing the basis for denial.
(Ord. No. 2012-23, § 1, 9-24-12)
17.84.060 - General standards for approval.
An approval shall be granted if the DPRC finds a development meets the following standards:
A.
A Development complies with zoning and other city codes and regulations and is consistent with
the comprehensive plan.
B.
Erosion is controlled in accordance with Chapter 15.28 "soil erosion and sedimentation control"
of the city code so that erosion shall not impact abutting properties or public streets.
C.
Storm water runoff is treated using best management practices so that there shall be no increased
runoff from a development. (All developments shall meet the standards set in the Rhode Island
Stormwater Design and Installation Standards Manual as most recently amended.)
D.
Vehicular and pedestrian movement within and access to and egress from a development are
safe and efficient and provisions are made for snow removal.
E.
Site improvements, utilities, infrastructure, streets, sidewalks, and parking areas will be
constructed in compliance with the applicable city regulations and standards.
F.
The location, arrangement, appearance and quantity of off-street parking and loading are
adequate to serve the development and comply with zoning.
Nothing herein shall prevent an applicant from seeking a variance or special permit from the ZBR.
(Ord. No. 2012-23, § 1, 9-24-12)
17.84.070 - Final plan.
Any revision required by an approval shall be incorporated onto a final plan (plan) and a mylar and two
paper copies of said plan shall be submitted for endorsement by the DPRC within thirty (30) days of an
approval. Prior to endorsement, an applicant shall comply with all applicable conditions set by an approval.
The endorsed plan shall be incorporated into the approval by reference and made part thereof. The
department shall file a record of the approval with the city clerk on behalf of the DPRC.
(Ord. No. 2012-23, § 1, 9-24-12)
17.84.080 - Amendment to final development plan review approval.
Activities authorized by a DPR shall be completed in conformity with the approval. Minor changes to
the approval may be allowed by the inspector of buildings in consultation with the planning director.
Changes deemed to be major shall be submitted to the DPRC for review and approval.
A change to the approval shall be major if:
•
The requested change could have affected vote to grant approval.
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•
The requested change creates or intensifies project impacts which require additional conditions
to address said impacts.
(Ord. No. 2012-23, § 1, 9-24-12)
17.84.090 - Time limit on approval.
An approval shall lapse after one year if construction has not begun. The one year period shall start
on the date an approval is filed with the city clerk and shall not include such time required to pursue or await
an appeal. Upon written request, the DPRC may extend an approval for a period not to exceed one year.
(Ord. No. 2012-23, § 1, 9-24-12)
17.84.100 - Coordination.
When a DPR is required, an approval shall be secured prior to:
A.
The issuance of a building permit;
B.
Consideration of an application for a preliminary plan approval by the city plan commission; or
C.
Consideration of an application for a variance or special permit by the zoning board of review
(ZBR).
The decision and findings of the committee shall be considered by the ZBR and the plan commission
in their deliberations on the matter before it.
(Ord. No. 2012-23, § 1, 9-24-12)
17.84.110 - Submission requirements.
A.
B.
Submission Requirements Pre-Application Meeting.
1.
Existing conditions plan showing property boundaries, structures, streets, easements, natural
resources, contours, wetlands and generalized drainage pattern;
2.
A proposed site plan showing in general terms site layout, building footprints, parking and site
circulation, landscaping and drainage.
Submission Requirements for DPR.
1.
A complete application for DPR shall include:
a.
Six copies of the application including plans, plus one electronic copy;
b.
A filing fee of five hundred dollars ($500.00) plus twenty dollars ($20.00) per acre for each
full acre in the development;
c.
Supporting documentation as determined in the pre-application meeting or required below;
d.
Identification of all permits required from state or federal agencies prior to start of
construction;
e.
A municipal lien certificate showing that all taxes are current;
f.
A list of the owners of all land within two hundred (200) feet of the perimeter of the parcel
that is being reviewed and a set of stamped envelopes addressed to the abutters in the order
which they appear on said list.
Plans shall be prepared by a professional engineer (RPE) or surveyor (PLS), landscape architect
or architect licensed in Rhode Island. Topographical and boundary surveys plans shall be stamped by
a PLS. Engineering designs shall be stamped by a RPE. Plans shall be drawn to a scale that is
appropriate to the size of the development.
2.
At a minimum, an application shall include a project narrative, plans and a drainage plan and
report.
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The plans may include the following as appropriate:
3.
a.
A locus map referencing the development to the surrounding area, streets and zoning district
boundaries within five hundred (500) feet.
b.
Name of the development, north arrow, scale, assessor's plat and lot number, bench mark
and datum, the dates of plans and revisions and signature blocks on all plans to be endorsed.
c.
Name and address of the owner of record, applicant and professionals preparing the plan.
d.
Assessor's plat and lot number and names of all owners of land abutting the development.
e.
Zoning district boundaries and all the data necessary to show compliance with zoning.
f.
Parcel area and boundaries; existing/proposed streets, lot lines, easements and public
areas.
g.
Distances to the nearest street intersections and fire hydrants measured along the ROW
lines.
h.
Existing/proposed grading at two-foot contours where slopes are less than fifteen (15)
percent and at five-foot counters where slopes are fifteen (15) percent or more. Elevations
shall be referenced to the city's datum.
i.
Environmental features including soils, rock outcroppings, wooded areas, trees eight-inch
caliper and above, watercourses, water bodies, wetlands, floodplains (showing base flood
elevation).
j.
Location, dimensions, GFA, floor plans and heights of existing/proposed buildings,
equipment and other structures such as walls, fences, culverts and bridges. Buildings and
structures to be removed shall be indicated by dashed lines.
k.
Location of existing/proposed utilities including sewers, water, gas and electricity with pipe
sizes, elevations, slopes and directions of flow.
l.
Location, type and density of land uses that will be in the development.
m.
Renderings as needed to illustrate the visual impact on abutting properties.
n.
Signage including location, size, design and illumination.
o.
Exterior lighting including type, location, intensity, shielding and times of operation.
p.
Landscape plan including landscape materials, paving, lighting and street furniture. Said plan
shall indicate the location, type and size of plantings at the time of planting and at maturity.
q.
Site circulation showing access to and egress from the development; size and location of
driveways and curb cuts; parking, loading and outdoor storage areas; dumpsters and any
off-site traffic improvements necessary to ensure public safety.
r.
Profile and cross-section of proposed streets and sidewalks showing utilities.
s.
Such other information as may be required to show compliance with zoning.
A drainage plan/report demonstrating that the development's stormwater management system
will meet the standards set by the Rhode Island Stormwater Design and Installation Standards
Manual as most recently amended. At a minimum said plan/report shall show the following:
a.
Changes in land use and the routes that storm water will flow through the development.
b.
Existing/proposed drainage structures, basins and channels. (Drainage structures shall
comply with city specification and shall be approved by the city engineer.)
c.
Drainage calculations demonstrating that the peak rates of storm water runoff leaving the
post-development parcel will not exceed the pre-development conditions for the two-year,
10-year, 25-year and 100-year storm events. Said calculations shall be based on the rational
method, SCS TR55 or other method approved by the city engineer.
Page 5
i.
The drainage system shall be designed to accommodate the 25-year storm event.
ii.
Retention or detention basins shall be designed to accommodate a 100-year storm
event.
d.
A drainage plan showing tributary and downstream areas affected by run-off, soil types and
surficial cover characteristics for both pre- and post-development conditions.
e.
Design calculations to determine the size of all pipes, culverts and basins, sizing of the piping
system shall be based on the rational method.
f.
Results of percolation tests performed for any proposed retention/detention basin in order to
determine the suitability of the subsurface conditions to accommodate said basin.
g.
A maintenance plan which shall:
i.
Identify all of the control measures that will be inspected and maintained;
ii.
Provide an inspection schedule for each control measure;
iii.
List typical maintenance procedures for each control measure;
iv.
Describe steps to take if additional repair is required;
v.
Provide forms and instructions for record keeping and notification to the city;
vi.
List the names and personnel assigned to each task and the training needed to be able
to do the job.
An applicant carrying out maintenance activities under an approval, and all subsequent owners
of lots on which said measures have been installed, shall adequately maintain said measures in
accordance with the maintenance plan.
C.
Supporting Documentation.
1.
Impact Assessment (IA).
a.
An IA shall be required for any development that proposes to construct:
i.
Retail and/or office building(s) of one hundred thousand (100,000) square feet or more
or that involves eight or more acres of land;
ii.
Industrial building(s) one hundred fifty thousand (150,000) square feet or more or that
involves fifteen (15) or more acres of land;
iii.
Multi-family building(s) of one hundred (100) units or more. If a parcel of land which has
been partially developed since January 1, 1966, the units resulting from said
development shall be included in calculating the total number of units being developed.
b.
The DPRC may determine that an IA as required above is not warranted. In making its
determination, the DPRC shall identify the potential impacts that may be generated by a
development and shall make findings as to why no further review is required.
c.
For any development not meeting the criteria above, the DPRC may require an IA if it
determines there is a reasonable expectation that a development will have a significant
negative impact on a site or nearby properties or on the built or natural environment.
d.
If an IA is required, the DPRC shall inform the applicant in writing of the need to submit said
assessment and of the scope of work to be addressed.
i.
The scope of work may include but not be limited to an assessment of the following
impacts: fiscal, traffic, environmental, scenic, historic, use-compatibility, noise and
similar such items.
ii.
An IA shall be prepared by licensed or other appropriate professionals the names,
education, disciplines and experience of whom shall be included in the report.
Page 6
2.
iii.
An IA shall evaluate direct and indirect impacts created by a development, all measures
required to mitigate any negative impacts that have been identified and the party
responsible for implementing said mitigation.
iv.
Where appropriate, an IA shall include a plan to monitor the impacts from a
development and the success of any mitigation that may be required.
Traffic Impact Study. If deemed necessary by the DPRC, a study of traffic conditions (both onand off-site) shall be provided. Said traffic impact study may include, but not be limited to:
a.
Analyses of the roadways and intersections that may be impacted by a development.
b.
Existing volumes (both ADT and peak hour counts).
c.
Safety issues (accident data, sight distance, roadway conditions, etc.).
d.
Development generated and future traffic volumes (both ADT and peak hour projections).
e.
Capacity analysis utilizing Transportation Research Board Special Report 209 or other
document as specified by the city's traffic engineer.
f.
Traffic improvements, if any, needed to mitigate impacts from a development.
g.
*Consideration of bicycle and pedestrian routes.
3.
Open Space. If a development will include common or open spaces, the plans shall show the
location and size of said spaces and identify the entity that will own and maintain said spaces.
4.
Easements, Deed Restrictions, Covenants. An application shall include a copy of covenants,
deed restrictions or easements that currently exist or are proposed for the development.
5.
Maintenance. A maintenance plan shall be provided specifying that all private roads and other
applicable facilities shall be maintained by the applicant or successors and assigns. At a
minimum, said plan shall identify all of maintenance activities to be undertaken, the parties
responsible for said activities, a schedule for each activity, and identify the records of
maintenance to be kept.
6.
Monitoring. In order to insure compliance with any standard that may be set in an approval,
periodic monitoring may be required during and after construction. If monitoring is required, the
applicant shall provide the DPRC for review and approval a draft of a monitoring program and the
identity of the entity that will undertake the monitoring. Monitoring shall be at the expense of the
applicant. Copies of all monitoring reports shall be provided to the DPRC.
(Ord. No. 2012-23, § 1, 9-24-12)
17.84.140 - Development and landscaping design standards.
A.
Purpose. The purpose of this section is to promote effective site planning, design and landscaping so
as to promote a high quality of development in the city:
1.
Improve the environment by providing open space, street trees and landscaping;
2.
Preserve the character and scale of neighborhoods by requiring a development to be compatible
with the existing character of the area;
3.
Mitigate environmental, visual and other impacts by requiring adequate buffering;
4.
Promote safe and efficient pedestrian, bicycle and traffic circulation;
5.
Minimize noise, dust, pollution and glare that may be generated by a development;
6.
Provide for cooling of air and land through shading in order to offset radiational heating;
7.
Mitigate impacts from storm water runoff and surface water contamination and protect water
quality;
8.
Maintain ground water, provide for erosion and flood control and for absorption of pollutants.
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B.
Infill Development. A non-residential development on a parcel having less than two hundred (200) feet
of frontage shall be considered an infill development. The design of said development shall take into
consideration the front yard setbacks and heights of buildings on abutting properties.
C.
Landscape Standards.
1.
2.
General Requirements.
a.
Landscaping shall be provided as part of a development in order to preserve and enhance
the identity of a development.
b.
A minimum of fifteen (15) percent of a development's parcel shall be landscaped.
c.
*Once a project complies with the minimum parking standards, then priority shall be given to
meeting the landscaping standards above additional parking.
Site Activities.
a.
3.
4.
Topsoil Preservation:
i.
To the extent practicable, the areas of a parcel to be disturbed shall be minimized.
ii.
Disturbed areas shall be stabilized in a timely manner by seeding or planting
landscaping materials.
iii.
Topsoil moved during site work shall be stockpiled on site in designated areas that are
stabilized to prevent erosion and reused in accordance with a landscape plan.
b.
Removal of Debris. Organic material (including roots, stumps, brush, cleared or grubbed
materials), rubbish and debris shall be disposed of off site in a timely manner. The reuse of
organic materials may be allowed if said materials will not adversely affect plantings, natural
areas or buildings.
c.
Protection of Existing Plantings. Maximum effort shall be made to preserve existing
vegetation on site (especially specimen trees).
i.
If specimen trees are removed, they shall be replaced in kind in accordance with a
landscape plan.
ii.
No materials or temporary soil deposits shall be placed within the drip line of trees being
retained.
iii.
A physical barrier shall be installed around each plant or group of plants that are to
remain. Said barrier shall be a minimum of four feet high, maintained until construction
is completed and shall not be supported by the plants they are protecting.
d.
Slopes. All cuts and fills, terraces and ROW embankments with slopes greater than 1:3 shall
be landscaped so as to prevent erosion.
e.
Additional Landscaping. All areas of the site not occupied by buildings or improvements shall
be landscaped in accordance with an approved landscape plan.
General Planting Requirements.
a.
Only nursery-grown or suitable existing vegetation shall be used.
b.
Vegetation shall be planted according to established horticultural standards.
c.
Vegetation shall be hardy for climatic zones 6/7 and appropriate in terms of function and
size.
d.
Plant species which are native and require minimal watering and fertilization are
recommended.
Trees.
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5.
6.
a.
Species of trees may vary depending on overall effect desired as shown on a landscape
plan.
b.
One street tree shall be planted for every thirty-five (35) feet of frontage. Generally, street
trees shall be of the same species except to achieve special effects. Trees may be spaced
along the street at every thirty-five (35) feet at the rear of sidewalk or may be grouped in
accordance with a landscape plan.
c.
With the exception of ornamental trees, deciduous trees shall have at least a two and onehalf-inch caliper at planting and a caliper of at least twelve (12) inches when fully mature.
d.
Size of evergreens and shrubs may vary depending on setting and type of plant material.
Maintenance.
a.
The applicant shall be responsible for maintaining landscaped areas in a neat and attractive
manner. Said areas shall be kept free of all debris, rubbish, weeds and tall grass.
b.
The applicant shall be responsible for watering plantings on a regular basis. (The use of
underground sprinkler or drip irrigation systems for landscaped areas is encouraged.)
c.
The applicant shall remove and replace all dead or diseased plantings annually.
Buffer Strips.
a.
b.
7.
All developments shall provide an approved year-round buffer a minimum of eight feet in
height, consisting of fencing, vegetation, berms, rocks, boulders, mounds or combinations
thereof, to:
i.
Shield abutting properties from negative impacts from a development;
ii.
Shield a development from negative impacts from abutting properties;
iii.
Minimize the impacts from storm water runoff and flooding.
Buffer Area Dimensions.
i.
A minimum ten (10) feet wide landscaped strip shall be provided along property lines
parallel to a street where parking or circulation areas abuts said street.
ii.
A minimum five feet landscape strip shall be provided along side and rear property lines
where parking and circulation areas are adjacent to abutting properties.
iii.
Where a more intensive use abuts a less intensive use, a 25-foot wide buffer strip may
be required. The width of said strip to be determined by the design and density of the
buffer proposed.
c.
Plantings shall provide maximum protection to abutting properties and avoid damage to
existing plant materials. Earthen berms may be used in the buffer design, provided side
slopes are adequately stabilized. Said berms may be used to calculate effective buffer
height.
d.
Plant materials shall be sized and planted so as to achieve a year-round effective buffer
height of at least eight feet within three growing seasons.
e.
Buildings, structures, parking or the storage of materials shall not be allowed within a buffer
area.
Parking Area Landscaping Requirements.
a.
In addition to any required buffer strip, a minimum of ten (10) square feet of landscaped area
shall be provided within a parking area for each parking space in said area.
b.
A minimum of twenty (20) percent of a parking area shall be shaded by deciduous trees that
shall have a crown (canopy) of thirty (30) feet at maturity. Said trees shall be surrounded by
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at least one hundred (100) square feet of unpaved area to provide for growth and protection
from vehicles.
c.
Each row of parking spaces shall be terminated by a landscaped island not less than six feet
wide and twelve (12) feet long.
d.
A continuous landscaped island not less than eight feet wide shall be provided between
every four rows of parking spaces.
e.
Landscaped areas shall be provided at appropriate locations in order to prevent long,
uninterrupted rows of parking.
f.
Landscaped islands shall be protected from encroachment by motor vehicles by a
continuous raised curb. (Vehicles shall be presumed to have an overhang of three and onehalf feet.) Pedestrian paths may be incorporated within the landscaped islands provided a
minimum dimension of four feet, exclusive of paved areas, is maintained.
(Ord. No. 2012-23, § 1, 9-24-12)
17.84.150 - Parking area design standards.
A.
Parking Layout.
1.
Generally parking areas shall have the minimum required widths for drive aisles as described in
the table below. The design of parking areas shall generally conform to ITE's "Guide for Parking
Facility Location and Design, 1990" as amended. The city's traffic engineer may require the
dimensions of parking spaces and drive aisles to be adjusted if traffic and safety considerations
so warrant.
Required Widths of Drive Aisles
Aisle
Width
Parking Angle (in Parking Angle (in Parking Angle (in Parking Angle (in Parking Angle (in
degrees)
degrees)
degrees)
degrees)
degrees)
0
30
45
60
90
Oneway
traffic
13'
11'
15'
18'
24'
Twoway
traffic
20'
20'
21'
23'
24'
2.
Pedestrian and vehicular areas shall be designed to provide safe and efficient site circulation.
Conflicts between pedestrian and vehicular traffic shall be minimized by providing physical and
visual separation between pedestrian ways and drive aisles. Parking areas shall be ADA
compliant.
3.
Parking aisles shall be a maximum of twenty (20) parking spaces in length which shall be
separated with cross drive aisles.
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B.
4.
The placement of all directional and street level signage shall be reviewed and approved by the
city's traffic engineer to ensure safe and efficient site circulation and adequate sight distances
both in the public ROW and the development's parking area.
5.
No landscape materials shall be planted at curb cuts that will impair the line of sight at said cuts.
6.
A storage area shall be provided on site to accommodate snow removal from a six-inch snow
storm.
7.
A six-inch curb or Cape Cod berm, designed to be compliant with the Rhode Island Stormwater
Design and Installation Standards Manual, shall be installed around the perimeter of all parking
to serve as wheel stops and protection. Where curbs are not installed adjacent to sidewalks,
wheel stops shall be installed to prevent vehicles from encroaching into or onto said sidewalks.
Reduction in Construction of Off-Street Parking.
1.
2.
A reduction in the construction of the number of off-street parking spaces required by Chapter
17.64 may be granted as a condition of approval provided that the following criteria have been
met:
a.
The intent of this chapter and Chapter 17.64 shall be preserved.
b.
The amount of off-street parking to be provided shall be sufficient to serve the development.
c.
The decrease in required off-street parking shall be based on a parking study prepared by a
RPE which addresses the following:
i.
Size and type of uses or activities on site;
ii.
Composition of tenancy on site;
iii.
Rate of parking turnover;
iv.
Peak traffic and parking loads to be encountered;
v.
Local parking habits;
vi.
Availability of public transportation.
Should a reduction in the amount of required off-street parking to be constructed be allowed, the
DPRC shall require that a portion of the site be reserved to construct said parking should it be
needed. This reserved area shall not contribute towards the minimum landscape requirements
as set in Section 17.84.140(C).
C.
The design and choice of paving materials used for parking areas shall consider function, climate,
characteristics of users, availability, maintenance costs, glare, drainage, noise, appearance and
compatibility with surroundings. Acceptable materials may include, but are not limited to concrete,
brick, asphalt, asphalt pavers, cement pavers and stone.
D.
Walls and fences may be erected to provide privacy, screening, separation, security, erosion control
or as required by the site conditions. The design and materials used shall be compatible with a
development's design. No fence or wall shall be erected so as to create a hazard to traffic or safety.
E.
Street furniture, such as trash receptacles, benches and phone booths, shall be located and sized in
accordance with proposed use and shall be similar in style, material and finish. Design and materials
shall be compatible with a development's design.
(Ord. No. 2012-23, § 1, 9-24-12)
17.84.160 - Drainage/erosion standards.
A development's drainage system shall comply with Chapter 15.28 soil erosion and sedimentation
control of the city code and the Rhode Island Storm Water Design and Installation Standards Manual as
amended.
(Ord. No. 2012-23, § 1, 9-24-12)
Page 11
17.84.170 - Special provisions for phased developments.
If a development will be completed in phases, a phasing plan shall be submitted indicating the start
and end dates for each phase. Said development shall be designed and constructed to allow each phase
to be completed in a manner which would not adversely affect the city if it is terminated at that point. Detailed
plans shall be submitted each time a new phase of the development is submitted for approval.
(Ord. No. 2012-23, § 1, 9-24-12)
17.84.180 - Peer review.
A.
If the DPRC determines that the services of a consultant is needed to assist in its review of an
application, the applicant shall be notified of said need and shall be required to pay any reasonable
costs incurred.
B.
The DPRC shall make a good faith effort to follow the design and landscape standards required by
this chapter. The DPRC may engage engineers, planners or other appropriate professionals. A
consultant shall be selected on the basis of experience and qualifications, ability to complete the scope
of work and cost. A written report of the consultant's review shall be provided to the DPRC and the
applicant.
C.
Funds received pursuant to this section shall be deposited with the city treasurer who shall establish
a special account for this purpose. Expenditures from said account may be made at the direction of
the DPRC without further appropriation. Funds may only be spent for services rendered in connection
with the application for which they were collected. At the completion of the DPR, any excess funds
shall be refunded to the applicant and a final report on the status of the account shall be made.
(Ord. No. 2012-23, § 1, 9-24-12)
17.84.190 - Appeal.
A rejection of an application shall be considered an appealable decision in accordance with Chapter
17.116 appeals of zoning.
(Ord. No. 2012-23, § 1, 9-24-12)
17.84.200 - Interpretation, conflict, omission, violation and severability.
A.
The performance standards of this chapter shall be held to be the minimum and more stringent
standards may be required to promote the public health, safety and welfare. If any requirements of this
chapter conflict with other requirements of zoning, the city code or any applicable state or federal law
or regulation the more restrictive requirements shall apply.
B.
The DPRC may modify or waive the design and landscape standards required by this chapter provided
it finds in writing the modification or waiver is in the public interest, enhances site design and not
inconsistent with the intent and purpose of this chapter.
C.
An approval shall not relieve an applicant of the requirement to comply with zoning or any other city
code or with any applicable state or federal law or regulation.
D.
Any violation of the requirements of this chapter or of any conditions set by an approval shall be subject
to enforcement under the provisions of section 17.04.080 violations of zoning.
E.
Severability: See Section 17.04.090 severability.
(Ord. No. 2012-23, § 1, 9-24-12)
Page 12
CRANSTON, RHODE ISLAND CODE OF ORDINANCES
Title 12 - STREETS, SIDEWALKS AND PUBLIC PLACES
Chapters:
Chapter 12.04 - STREETS AND SIDEWALKS GENERALLY
Sections:
12.04.050 - Issuance of a permit for occupancy.
No permit for the occupancy of any building shall be issued unless the entire frontage of building lot
shall be suitably improved in accordance with city road construction standards, including but not limited to
sidewalks, curbing, pavement, and such other utilities as may be available.
Where the enforcement of this section would entail practical difficulty or unnecessary hardship, the
building inspector, with the approval of the director of public works, may in a specific case make reasonable
exceptions.
(Prior code § 27-21.1)
12.04.060 - Private property owners authorized to connect water drains to drains and subdrains in
public highways.
Private property owners within the city shall be allowed to connect private drains to storm drains or
subdrains located in a public highway in the city; provided, that such connection shall be made only with
the approval of the director of public works, who shall be provided with plans and specifications in sufficient
detail showing size of pipe, materials to be used and location of all building drains, before any permits shall
be issued. No cesspool, septic tank or other illicit discharge shall be connected to any drain or subdrain.
Prior to any such connection, all property owners shall agree in writing with the city that the city shall incur
no liability by reason of such connection, all connections shall be done at the owner's expense. The director
of public works may, at any time, plug any connection when he or she deems it necessary for the public
health, safety and welfare.
(Ord. 05-19 § 1 (part); prior code § 27-22)
12.04.061 - Illicit discharges.
Illicit discharges to the municipal storm sewer system are comprised of non-stormwater discharges
that are expressly prohibited from the municipal storm sewer system unless the discharges have received
all required federal, state and local permits including the National Pollutant Discharge Elimination (NPDES)
or is included in one of the following categories of discharges: water line flushing, landscape irrigation,
diverted stream flows, rising groundwaters, uncontaminated groundwater infiltration, uncontaminated
pumped groundwater discharges from potable water sources, foundation drains, air conditioning
condensation, irrigation water springs, water from crawl space sumps, footing drains, lawn watering,
individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool
discharges, street wash water discharges, flows from firefighting activities.
If an illicit discharge to the municipal storm sewer system is detected, the owner shall cease the
discharge. If the discharge does not cease within seven calendar days, the owner may be fined seventyfive dollars ($75.00) per day that the violation goes unrepaired and the city of Cranston shall have the right
to take whatever action it deems necessary to correct the violations and to assess a lien on the subject
property in an amount equal to the cost of the 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 Cranston and shall incur legal interest from the date
Page 1
of the 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.
(Ord. 05-19 § 1 (part))
12.04.062 - Discarding waste into city right-of-way.
Any individual or other party is prohibited from discarding waste, including construction waste, truck
washout, chemicals or other waste into the city right-of-way, storm drain, or other city property. If such a
violation occurs, the city may fine the violator two hundred dollars ($200.00) and require removal of the
waste within ten (10) days at the violator's expense. The city may charge the violator any costs associated
with removal or repair of damage resulting from the violation.
(Ord. 05-19 § 1 (part))
12.04.063 - Post construction drainage.
Property owners must utilize appropriate best management practices for water quality in accordance
with the state of Rhode Island Storm Water Design and Installation Standards Manual.
(Ord. 05-19 § 1 (part))
12.04.070 - Petition for abandonment of highway—Fee—Procedures.
A.
All petitions to the city council requesting the abandonment of a public highway shall be accompanied
by the following fees:
For one street
$150.00
For two streets
200.00
For three streets
265.00
For each additional street
50.00
B.
Abandonment Procedures. Any person, firm, corporation or other entity who shall petition the city as
an abutter to abandon a highway or a driftway or any part of either as pursuant to Rhode Island General
Laws Section 24-64 et seq., must pay the market value of the highway or driftway as determined by
the appraisal methodology described in Sections 3.08.040(A) through (C) of this code.
1.
The petitioner shall submit an application form and a four hundred dollar ($400.00) filing fee for
abandonment of property including:
a.
A survey of the property of the land to be abandoned and a survey of the property of the
premises as if the petition for abandonment had been granted. (Said survey shall be
performed by a licensed land surveyor, as defined by Title 5, Chapter 8.1, of the general
laws of the state of Rhode Island, 1956, as amended.)
b.
A market appraisal shall be conducted by an appraisal selected by the city, and the applicant
shall be responsible for the costs of the appraisal which must be paid prior to the public
hearing on the petition. Said appraisal shall include the following:
Page 2
i.
The market value of the property to be abandoned if the petition for the abandonment
were granted. If said lot shall exist as a single existing buildable lot under the current
building and zoning codes of the city.
ii.
The market value of the property to be abandoned along with the market value of the
abutting property if the two parcels are to be merged to create a single existing lot.
2.
Upon the city council's granting the petition for abandonment, petitioner shall pay market value of
the land being petitioned on a square foot basis pursuant to subsections (B)(1)(b)(i) and
(B)(1)(b)(ii) of this section, whichever is higher.
3.
In lieu of the foregoing, when the petitioner asserts by affidavit, under oath, subject to the penalties
of perjury, that it is not his or her intent or desire to develop the subject property, and that the
market value of the subject property is so low that the cost of the written appraisal or appraisals
required above is not justified, and further when said affidavit is supported by a duly licensed real
estate broker's written opinion of value as to the subject property's fair market value, then said
petitioner shall not be required to submit the appraisal or appraisals required above; however, the
city council then may only grant the petition if the transfer of ownership instrument includes a
restrictive covenant which shall prohibit development of the property without the approval of the
city council.
4.
If when the petitioner is an agency of a municipal corporation, said petitioner shall be exempt from
this section. Moreover, whenever the city council deems it to be in the best interests of the city, it
may waive any or all of the requirements set forth in this section.
5.
If any provision herein shall be deemed contrary to any existing ordinance of the city, or law of
the state of Rhode Island or the United States by a court of competent jurisdiction, all other
provisions shall remain in full force and effect.
(Ord. 06-91 § 1; prior code § 27-23)
12.04.100 - Roadway excavation permits.
A.
Non-Utility Company.
1.
No person, firm, corporation or other entity shall in any manner make any opening or excavation
on, in, upon or under, nor lay any pipe, drain, wire, line, conduit, cable or the like on, in or under
any public highway, street, roadway or sidewalk in the city, nor upon any public lands (the
jurisdiction over which is not legally reserved to another municipal department) without the prior
written consent of the director of public works or his or her designee.
2.
No permit shall issue without payment of the following fees:
Water service connection
$450.00
Sewer lateral installations
450.00
Storm drain installations
450.00
B.
Utility Company.
1.
No person, firm, corporation or other entity shall in any manner make any opening or excavation
on, in, upon or under, nor lay any pipe, drain, wire, line, conduit, cable or the like on, in or under
any public highway, street, roadway or sidewalk in the city, nor upon any public land (the
Page 3
jurisdiction over which is not legally reserved to another municipal department) without the prior
written consent of the director of public works or his or her designee.
2.
Permits for the installation of any pipe, drain, wire, line, conduit, cable or the like under any
roadway or sidewalk shall be issued only to the owner of said wire, line, conduit, cable or the like.
Permits for the installation of any pipe, drain, wire, line, conduit, cable or the like shall likewise be
issued in the owner's name only.
3.
No permit shall issue without the payment of an administrative and engineering inspection fee in
the amount of seventy-five dollars ($75.00) per opening.
C.
All work shall conform to the "Specifications for Utility Company Repairs to Streets Within the City of
Cranston."
D.
The director of public works shall promulgate such specifications, regulations and forms or applications
necessary to effect the purposes of this section.
(Prior code § 27-26)
12.04.110 - Exempted entities.
The city and the Cranston school committee shall be exempt from payment of all fees otherwise
imposed under Section 12.04.100.
(Prior code § 27-26.1)
12.04.120 - Discharges to city streets.
No private property owner within the city shall discharge water onto a public roadway, directly and/or
indirectly so as to create a health safety and/or welfare concern, including but not limited to a road hazard
for motorists and persons utilizing the roadway and/or causes damage to the roadway and/or adjoining
fixtures.
Person(s) violating any of the provisions of this section must correct said violation(s) or provide a
suitable plan of action for remediation subject to the approval of the public works director within five days
of receiving notice from the director of public works or his or her designee. Failure to comply with said notice
will result in a seventy-five dollar ($75.00) fine each day the violation(s) remains uncorrected. In addition,
the director of public works may, at any time use whatever means is necessary to stop said discharge of
water when he or she deems it necessary for the public health, safety and welfare. The director of public
works may also charge the property owner for any damages to the infrastructure and for any costs incurred
by the department to address safety issues created by the discharge.
(Ord. 06-24 § 1: Ord. 04-42 § 1)
Chapter 12.08 - SIDEWALK, CURB AND DRIVEWAY CONSTRUCTION
Sections:
12.08.010 - Change of curbing—Application and estimate.
Whenever it is necessary, for the convenience of any person owning land abutting upon a public
highway, to make a change in any pavement, gutter or curbing of stone, cement or other concrete, for the
purpose of providing a driveway or entrance to his or her premises, such person shall apply in writing to the
director of public works, stating the work to be done, and the director of public works shall examine such
street or highway and make an estimate of the labor and material necessary to make the proposed change,
including supervision, and shall make a statement of the estimated cost thereof to the director of finance,
who shall send a copy thereof to such person and require such person to deposit with the city treasurer a
sum of money equal to the estimated cost before any work shall be done or material furnished.
(Prior code § 27-1)
Page 4
12.08.020 - Change of curbing—Performance of work and rendition of statement.
Upon notice from the city treasurer that the deposit required by the preceding section has been made,
the director of public works shall cause the work to be done and keep an accurate account of labor and
materials with reasonable cost of supervision of the same for each application, and on completion of the
work shall send a statement to the director of finance.
(Prior code § 27-2)
12.08.030 - Change of curbing—Payment of bills refund.
The city treasurer, upon receipt of an order or orders from the city auditor, shall pay from the sum of
money deposited the several bills, costs and charges against the respective applicants for such work, and
within ten (10) days after final payment return the balance of such deposit, if any, to the respective persons.
(Prior code § 27-3)
12.08.040 - Installation of curbing.
No curbing in the city shall be installed by any contractor or individual without first filing an application
with the director public works requesting permission to do such installation and must conform with required
ordinance of the city.
(Prior code § 27-3.1)
12.08.050 - Repair of defective sidewalks—Generally.
Any sidewalk, or part thereof, adjoining any building or lot of land on any street, highway, square or
public place, whether which sidewalk, or part thereof, is supported by curbing or not, shall be repaired by
the director of public works, at the expense of the abutting owner of such building or lot in the way and
manner hereinafter provided.
(Prior code § 27-4)
12.08.060 - Repair of defective sidewalks—Notice to abutting owners.
Whenever any hole, depression or obstruction exists in any sidewalk referred to in the preceding
section, the director of public works may make such orders as he or she may deem expedient, directing the
owner of land abutting on such sidewalk at the owner's own expense to fill or cause to be filled any such
hole or depression, or to remove any such obstruction thereon, within such time as the director of public
works shall in such order direct. Such order shall be in writing and be served upon the abutting owner or
owners as directed by Section 2 of Chapter 879 of the Public Laws of 1912.
(Prior code § 27-5)
12.08.070 - Repair of defective sidewalks—Procedure upon neglect of owners to obey order.
If any owner of abutting land shall refuse or neglect to obey any order referred to in the preceding
section, within twenty-four (24) hours after such order has been served upon him or her in writing, or within
such other time as the director of public works shall deem to be reasonable, the director of public works
shall proceed at the expense of the city to repair, with materials suitable and satisfactory to him or her, such
sidewalk. The director of public works shall keep an exact account of the cost of labor, material and
supervision of work done hereunder, in making such repairs for each owner, and shall report to the city
council immediately upon completion of the work.
(Prior code § 27-6)
Chapter 12.12 - STREET AND SIDEWALK USE REGULATIONS
Sections:
Page 5
12.12.010 - Trucks—Certain substances to be covered when carried.
No person shall carry or convey nor cause to be carried or conveyed in any street, highway, square or
park any sand, gravel, loam, fill, ashes, bituminous coal, rubbish, bituminous asphalt, petroleum asphalt,
asphalt products or other similar material unless the receptacle or vehicle containing such sand, gravel,
loam, fill, ashes, bituminous coal, rubbish, bituminous asphalt, petroleum asphalt, asphalt products or other
materials shall be closely covered.
(Prior code § 18-6)
12.24.010 - Definitions.
As used in this chapter, unless the context clearly requires a different meaning:
"Motorboat" means any vessel whether or not the vessel is propelled by machinery. For purposes of
this chapter, motorboat shall not include houseboats as defined in Section 44-5-25.1 of the General Laws
of the state of Rhode Island, 1956, as amended, any ferry, canoes, and rowboats twelve (12) feet in length
or less.
"Operate" means to navigate or otherwise use a motorboat or vessel.
"Owner" means a person, other than a lien holder, having the property in or title to a motorboat. The
term includes a person entitled to the use or possession of a motorboat subject to an interest in another
person, reserved or created by agreement and securing payment or performance of an obligation, but the
term excludes a lessee under a lease not intended as security.
"Person" means an individual, partnership, firm, corporation, association, or other entity.
"Personal watercraft" means a small Class A vessel less than sixteen (16) feet in length, which uses
an outboard motor or an in-board motor powering a water jet pump as its primary source of motive power;
and which is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind
the vessel, rather than the conventional manner of sitting or standing inside of the vessel.
"Vessel" means every description of water craft, other than a seaplane on the water, used or capable
of being used for a means of transportation on water.
(Prior code § 34-1)
12.24.020 - Operating in a marked area.
No person shall operate a motorboat or vessel within a water area which has been dearly marked in
accordance with and as authorized by the laws of the state of Rhode Island or of the city, by buoys or some
other distinguishing device as a bathing, swimming or otherwise, restricted area; provided, however, that
this section shall not apply in the case of an emergency, or to patrol or rescue craft. The harbormaster is
authorized to establish maximum speeds for boats in the public harbors in the city at five miles per hour,
no wake. Any person found guilty of violating this section, shall be fined not more than one hundred dollars
($100.00).
(Prior code § 34-2)
12.24.030 - Speeding.
A.
No person shall operate any motorboat or vessel in any harbor or inlet or any pond or other confined
body of water in the city in excess of forty-five (45) miles per hour during the hours from sunrise to
sunset and twenty-five (25) miles per hour during periods of darkness or other periods of restricted
Page 6
visibility; provided however, nothing herein, shall prohibit the posting of lesser speed limits where
deemed necessary by the harbormaster.
B.
Any person found guilty of violating this section, shall be fined as follows:
No greater than 10 miles per hour in excess of speed limit
$25.00
In excess of 10 miles per hour in excess of speed limit:
11—15 miles per hour in excess of speed limit
$50.00
16—20 miles per hour in excess of speed limit
75.00
21 or more miles per hour in excess of speed limit
100.00
C.
State, federal and local law enforcement and rescue agencies may exceed this speed limit, when
responding to an emergency or law enforcement action; provided that this speed does not endanger
any person, not involved in this action.
(Prior code § 34-3)
12.20.040 - Operating as to interfere with others.
No person shall operate any motorboat, vessel, or seaplane in a manner which shall unreasonably or
unnecessarily interfere with any other motorboat, vessel, or seaplane, or with the free and proper navigation
of the waterways of the city. Any person found guilty of violating this section shall be fined not more than
one hundred dollars ($100.00).
(Prior code § 34-4)
12.20.050 - Water skis and surfboards.
A.
No person shall operate a vessel on any waters of this city, for towing a person or persons on water
skis, or a surfboard, or a similar device, unless there is in the vessel, a person at least twelve (12)
years of age, in addition to the operator, in a position to observe the progress of the person or persons
being towed.
B.
No person shall operate a vessel on any waters of this city, towing a person or persons on water skis,
a surfboard, or similar device, nor shall any person engage in water skiing, surfboarding, or similar
activity, at any time between the hours from one hour after sunset to one hour before sunrise.
C.
Any person found guilty of violating this section, shall be fined not more than one hundred dollars
($100.00).
(Prior code § 34-5)
12.20.060 - Flotation devices—Children.
Any person transporting a child ten (10) years of age or under, in a vessel less than twenty-six (26)
feet in length, on the waters of this city, shall require that the child wear a personal flotation device approved
by the United States Coast Guard. Any person found guilty of violating this section, shall be fined not more
than one hundred dollars ($100.00).
Page 7
(Prior code § 34-6)
12.20.070 - Regulation of personal watercraft.
A.
A person may not operate a personal watercraft at any time between the hours from one-half hour
after sunset to one-half hour before sunrise.
B.
A personal watercraft must at all times be operated in a reasonable and prudent manner. Maneuvers
which unreasonably or unnecessarily endanger life, limb, or property, including, but not limited to
weaving through congested vessel traffic, or jumping the wake of another vessel unreasonably, shall
constitute reckless operation of a vessel and are prohibited.
C.
No person under the age of sixteen (16) shall operate a personal watercraft on the waters of this city
unless an adult accompanies him or her or unless he or she has passed a department of environmental
management approved or United States Coast Guard approved safety course.
D.
It is unlawful for the owner of any personal watercraft or any person having charge over or control of
a personal watercraft to authorize or knowingly permit the same to be operated by a person under
sixteen (16) years of age in violation of this section unless the provisions of subsection (C) are met.
E.
A person may not operate a personal watercraft within two hundred (200) feet of swimmers, divers,
shore, or moored vessels, except at headway speed.
F.
Personal watercraft, when launched from shore or returning to shore, must proceed directly to the area
where operation is allowed in a direction as near perpendicular as possible, not in excess of headway
speed.
G.
No person shall operate a personal watercraft unless he or she and any passenger is wearing a
personal flotation device which is approved by the United States Coast Guard.
H.
No person shall operate a personal watercraft in a reckless manner so as to endanger the life, limb,
or property of another.
I.
No person shall operate a personal watercraft unless it is numbered in accordance with Section 4622-4 of the General Laws of the state of Rhode Island, 1956, as amended.
J.
A person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine
cutoff switch must attach such lanyard to his or her person, clothing, or personal flotation device as
appropriate for the specific vessel.
K.
Any person found guilty of violating this section, shall be fined not more than one hundred dollars
($100.00).
(Prior code § 34-7)
12.24.080 - Scuba divers, skin diving or snorkeling—Warning flags.
A.
Any person scuba diving, skin diving, or snorkeling in an area where power or motor boats are
operated, shall place a warning flag on a buoy at a place of his or her submergence. Said flag to be in
accordance with the regulations as set forth in the General Laws of the state of Rhode Island, 1956,
as amended. The flag shall be in place only while diving operations are in progress and, during the
hours between sunset and sunrise, this flag shall be illuminated by a light shining on the flag.
Motorboats shall not be operated within fifty (50) feet of any flag, as above described. No person shall
be in violation of this section, if he or she travels within fifty (50) feet of a scuba diver or snorkeler, who
is in fact obstructing navigation.
B.
Any person found guilty of violating this section, shall be fined not more than fifty dollars ($50.00).
C.
Any person found guilty of using the above scuba diving, snorkel diving, or skin diving flag with the
intention of obstructing navigation, shall be fined not more than fifty dollars ($50.00).
(Prior code § 34-8)
Page 8
12.24.090 - Discharge of sewage from boats.
A.
It shall be unlawful to discharge any sewage from a boat into the waters of this city unless discharged
via a marine toilet which is either a marine sanitation device-type I, or a marine sanitation device-type
II, in proper working condition.
B.
It shall be unlawful to discharge any sewage from a boat into the waters of this city in an area which
has been declared to be a no discharge zone by the Department of Environmental Management.
C.
It shall be unlawful to operate or moor in the waters of this city, a boat which is equipped with a marine
toilet which is not a type approved pursuant to the Clean Water Act [33 U.S.C. 1251 et seq.] and that
is in proper working condition.
D.
It shall be unlawful to operate or moor in the waters of this city in an area declared to be a no discharge
zone, a boat which is equipped with a marine toilet which is not properly sealed to prevent discharge
of sewage into the water.
E.
Any person found guilty of violating this section, shall be fined not more than one hundred dollars
($100.00).
(Prior code § 34-9)
12.24.100 - Refusal to stop on order or command.
It shall be unlawful, punishable by a fine of not more than one hundred dollars ($100.00), for any
person to refuse to move or stop on oral command of the harbormaster, or police officer operating from a
patrol boat, identified as such, in exercising the duties lawfully assigned to him or her.
(Prior code § 34-10)
Page 9