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Tiverton
Town of Tiverton Zoning Ordinance
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§ VIII-4

Environmental review procedures

  • a. Prior to the receipt of any permit relating to a proposal for development in a Watershed Protection Overlay District, the applicant shall submit an environmental review statement (ERS) for review and approval by the planning board, except however, the following developments shall be exempt from this requirement:

    • (1) Building repairs and upgrades that do not involve a significant change in impervious surfaces, as determined by the building official.

    • (2) Soil disturbances that do not require a soil erosion and sedimentation control plan in accordance with the town's soil erosion and sedimentation control ordinance.

    • (3) Individual residential developments (on single lots) which are greater than 2,000 feet from Nonquit Pond and 500 feet from a direct tributary.

    • (4) Any development within the secondary protection area of Nonquit Pond.

  • b. The purpose of the ERS is to assist the town in determining whether the proposed project conforms with the express intent of this article. It shall be the burden and responsibility of the applicant to prove to the satisfaction of the planning board that the issuance of the permit will not adversely effect municipal water supplies.

  • c. Where deemed necessary by the planning board, the applicant shall be required to submit an ERS prepared by one or more of the following: a registered engineer; an environmental scientist; an aquatic ecologist; a soil scientist; a registered land surveyor; a landscape architect; a certified erosion and sediment control specialist; or other qualified professional knowledgeable in the areas of concern and accepted by the planning board as an expert witness.

  • d. The determination as to the need for a recognized professional to prepare the ERS shall be based upon the size and/or location of the project and the extent and nature of the resources, or other characteristics of the land likely to be affected.

  • e. Should a variance be granted for development within 200 feet of Stafford Pond, Nonquit Pond or their direct tributaries, the ERS shall be prepared by a professional. Where the development is a single-family home and the construction is greater than 200 feet from the appropriate water body, the homeowner may prepare his or her own ERS. Subdivisions and applications for permits other than for a single-family home will require an ERS prepared by a professional even if the development or activity is greater than 200 feet from the water body.

(Ord. of 6-4-01(6))