§ 45-46-4 - Provisions of local ordinances – Model ordinances.
SECTION 45-46-4
§ 45-46-4 Provisions of local ordinances– Model ordinances. – (a) A city or town adopting an erosion and sediment control ordinance underthis chapter shall incorporate, in the ordinance, the provisions contained inthe model ordinance in § 45-46-5, and, may further specify performance andother standards and adopt additional definitions that are not inconsistent withthis chapter; provided, that the ordinance provides reasonable and prudentprovisions for addressing soil and sediment control measures for existing usesand facilities, other than those exempt under this chapter, including areasonable time table for the submission of plans and documentation.
(b) The ordinance shall require that applications for planapproval under an erosion and sediment control ordinance shall be made to thebuilding official, and that approval is issued through the building official.Councils may, however, in adopting an erosion and sediment control ordinanceauthorize the building official to designate all duties and responsibilitiesrequired under the model ordinance, provided in § 45-46-5, to appropriateofficials and agencies in the context of the local government's structure andin a manner consistent with applicable charter provision and public law. Thebuilding official and/or his or her designee reviewing soil erosion andsediment control plans shall have the following qualifications:
(1) Be a registered engineer, surveyor, or landscapearchitect, or a soil and water conservation society certified erosion andsediment control specialist, or
(2) Have attended a soil erosion and sediment controltraining session sponsored by the United States Department of Agriculture SoilConservation Service and conservation districts.
(c) The building official and his or her designee shall begranted the necessary authority to administer the model ordinance, includingentry onto private property when necessary for periodic inspections to ensurecompliance with provisions of the approved soil erosion and sediment controlplan.