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Cumberland
Town of Cumberland Zoning Ordinance
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§ 6-12

Stormwater basins

[Added 12-16-2021 by Ord. No. 21-29-A; amended 4-15-2026 by Ord. No. 26-03]

A stormwater basin shall mean any man-made aboveground area, which is typically constructed of earth, to temporarily collect and store stormwater for purposes of temporary detention and/or retention so as to control peak surface run-off and allow for the gradual absorption or release of the stored water at controlled rates. Stormwater basins are often referred to as detention or retention ponds for this reason.

  • (a) Scope. When a landowner or developer has demonstrated to the Town that property cannot be developed without an aboveground stormwater basin, the basin shall be subject to the provisions of this section.
  • (b) Purpose. This section is established to:
    • (1) Provide for the health, safety and welfare of the public.
    • (2) Avoid or lessen the hazards created by the construction of stormwater basins.
    • (3) Allow for the use of land which requires the creation of stormwater basins and protect the interests of neighboring landowners.
  • (c) Applicability. This section shall apply to all land in the Town.
  • (d) Penalty. Any person who shall violate any of the provisions of this section or fail to comply with this section or with any of the requirements of this section or who shall build or alter any stormwater basin in violation of any detailed statement or plan submitted and approved under this section, upon conviction thereof, shall be punished in accordance with § 17-5.
  • (e) Specifications.
    • (1) All designs of stormwater basins shall be approved by the Department of Public Works.
    • (2) All stormwater basins shall be designed to control a 100-year storm or a different storm frequency as otherwise approved in accordance with the drainage standards of the Land Development and Subdivision Regulations.
    • (3) All stormwater basins shall not exceed a maximum wet depth of 42 inches.
    • (4) Each stormwater basin shall be designed to limit unauthorized access but allow for maintenance as prescribed in the drainage standards of the Land Development and Subdivision Regulations.
    • (5) All stormwater basins shall have a 25-foot buffer area between existing property lines and the edge of the stormwater basin, which may not include buildings or structures, but may include vegetation as may be approved by the Planning Board or Director, as the case may be.
    • (6) Upon Town approval of a stormwater basin, the owners of property or, in the case of a subdivision that includes a homeowners' association, where a stormwater basin is to be constructed shall place on file with the deed to the property a copy of the stormwater basin operation and maintenance plan. The operation and maintenance plan shall address periodic inspections which are required every three years for private basins and annually for public basins along with sediment removal, vegetation maintenance, mowing requirements, and any other information required by the Planning Board or Director, as the case may be. This filing shall take place prior to the construction of the stormwater basin and prior to the transfer of title to this property.
    • (7) The design and installation of all stormwater basins shall comply with the latest version of RIDEM's Rhode Island Stormwater Design and Installation Standards Manual.
  • (f) Liability.
    • (1) The legal liability for and maintenance of a stormwater basin shall be the sole responsibility of the landowner or homeowners' association.
    • (2) The landowner or homeowners' association shall have an inspection of the stormwater basin performed by a professional engineer every three years to ensure maintenance and proper function of the stormwater basin. Records of inspections shall be kept on file with the landowner with a copy provided to the department of public works.
    • (3) Stormwater basins not properly maintained shall be subject to corrective action by the Town. Failure to respond to Town inspection requests or a determination that a stormwater basin is not being properly maintained shall be subject to issuance of a notice of violation. Failure to comply within 45 days will result in the Town of Cumberland taking corrective action, the costs of which shall be imposed as a lien on the property or properties of individual owners or within the homeowners' association.
  • (g) Obligation to disclose.
    • (1) The developer, subdivider, or owner of property within the Town who shall develop or subdivide property within the Town in such a manner so as to qualify under the provisions of this article and who shall transfer, lease, or otherwise convey any portion of such property upon which is constructed a stormwater basin to any person, partnership, corporation, holding company or other personal or business entity, shall be obliged to inform such person, partnership, corporation, holding company or other personal or business entity to which such property is transfer of the existence thereupon of a stormwater basin governed by the provisions of this article and the obligations and liabilities hereinunder. Similarly, any subsequent owner of the property has the same obligation to disclose under the provisions of this article to any subsequent grantee.
    • (2) Compliance with such obligation to inform shall be in the form of a written description of the legal status of the stormwater basin by assessor's plat and lot; the obligations which are being assumed by the purchaser or grantee thereof, especially § 6-16(f), liability, hereof; and shall contain the witnessed or notarized signatures of the grantor and the grantee.
    • (3) A copy of such document shall be conveyed to the Director of Public Works of the Town of Cumberland, Rhode Island by the grantor. The Director of Public Works shall file a copy of such document in the Land Evidence Records of the Town of Cumberland, Rhode Island, which filing shall constitute a lien against the property for title examination purposes.
    • (4) Failure to comply with this provision shall be punishable by a fine of up to $100 per day for each consecutive individual day beyond the date of the transfer of a property containing a stormwater basin subject to this section, or, such other subsequent penalty, which may be imposed by the municipal court of the Town of Cumberland, Rhode Island.
  • (h) Waiver or modification.
    • (1) The Town Planning Board is hereby empowered and authorized to grant a waiver or modification from the strict application of the provisions of only §§ 6-16(e)(4), (5), and (6) in accordance with the regulations.
    • (2) Such waiver or modification shall only be considered at a public hearing called for such purpose. Such hearing may be included in the routine agenda of the Planning Board, however such hearing shall be separately listed on the Planning Board agenda and considered as a matter separate from any land development or subdivision hearing for the subject property, which may also be on the Planning Board agenda.
    • (3) Notice of any hearing which takes place pursuant to this section shall be given by the Planning Board to the owners of real property within 200 feet of the lot on which the proposed stormwater basin shall be located. Should the proposed stormwater basin be a part of a land development project or subdivision being considered by the Planning Board the notice area shall be 200 feet of the perimeter of the entire parcel under consideration.
    • (4) Notice shall be by first class mail, return receipt requested, at least 10 days in advance of the hearing, and shall contain the date, time and place of the public hearing, the name of the property owner or developer, the assessor's plat and lot and a brief description of the matter under consideration. Should the request for waiver or modification involve a land development project or subdivision also being considered by the Planning Board at such meetings, the notices may be included in the same mailing; provided, however, that separate notice shall be required in written form.
    • (5) Copies of the notice of such hearing shall be delivered to the director of public works of the Town of Cumberland, Rhode Island, as well as any other municipal, state or federal official or agency deemed appropriate by the administrative officer. Such notice shall solicit written comments. All final written comments to the Planning Board from the administrative officer, the Director of Public Works, municipal departments, state and federal officials or agencies shall be a part of the permanent record of the application for relief, as well as the development application, if any.
    • (6) The determination of the Planning Board shall be by the majority of the full membership of the Board. All records of the Board, together with the rational thereof shall be written and kept as a part of the permanent record of the Planning Board and shall be for available public review.

Editor's Note: Former § 6-12, Outside storage of vehicles, adopted by Ord. No. 08-31, 10-7-2009, was repealed 12-6-2023 by Ord. No. 23-26.