Ordinances Adopted

Posted Friday, September 13, 2013 3:44 am

City of Cranston

ORDINANCES ADOPTED

Pursuant to Section 3.15 of the City Charter, notice is hereby given of the Final Adoption of the following Ordinances:

Complete copies of the Ordinances are available for public review at the City Clerk’s Office, Cranston Central Library and the City website cranstonri.com under calendar by clicking on the meeting date.

Maria Medeiros Wall, JD

City Clerk

ORDINANCE NO. 2013-26 IN AMENDMENT OF CHAPTER 17.04.030 OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED “ZONING’

‘DEFINITIONS’

*As amended Ordinance Committee August 15, 2013

Passed: August 26, 2013 Approved: August 29, 2013

• AREA OF SHALLOW FLOODING

• BASE FLOOD

• BASE FLOOD ELEVATION

• COST

• CRITICAL FACILITY

• DRY FLOODPROOFING

• ELEVATION CERTIFICATE

• FINISHED LIVING SPACE [for use with Chapter 17.76 Flood Hazard Districts only]

• FLOOD BOUNDARY AND FLOODWAY MAP

• FLOOD INSURANCE RATE MAP

• FLOOD INSURANCE STUDY

• FLOODPLAINS OR FLOOD HAZARD AREA

• FLOODPROOFING

• FLOODPROOFING CERTIFICATE

• FLOOD PROTECTION ELEVATION

• FREEBOARD

• HIGHEST ADJACENT GRADE

• LOWEST FLOOR

• MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION

• MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION, EXISTING [for use with Chapter 17.76 Flood Hazard Districts only]

• MANUFACTURED HOME PARK OR EXISTING MANUFACTURED HOME SUBDIVISION, EXPANSION TO AN EXISTING [for use with Chapter 17.76 Flood Hazard Districts only]

• MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION, NEW [for use with Chapter 17.76 Flood Hazard Districts only]

• MARKET VALUE

• MEAN SEA LEVEL

• (NEW CONSTRUCTION [for use with Chapter 17.76 Flood Hazard Districts only]

• SHEET FLOW AREA

• SPECIAL FLOOD HAZARD AREA

• START OF CONSTRUCTION [for use with Chapter 17.76 Flood Hazard Districts only]

• STRUCTURE [for use with Chapter 17.76 Flood Hazard Districts only]

• SUBSTANTIAL DAMAGE [for use with Chapter 17.76 Flood Hazard Districts only]

• SUBSTANTIAL IMPROVEMENT [for use with Chapter 17.76 Flood Hazard Districts only]

and future to add in alphabetical order the following new definitions to Section 17.04.030:

• A ZONE

• ADDITION [FOR USE WITH CHAPTER 17.76 FLOOD HAZARD DISTRICTS ONLY]

• APPEAL [FOR USE WITH CHAPTER 17.76 FLOOD HAZARD DISTRICTS ONLY]

• AREA OF SHALLOW FLOODING

• B ZONE

• BASE FLOOD

• BASE FLOOD ELEVATION

• BREAKAWAY WALL

• BUILDING

• COASTAL A ZONE

• COST

• CRITICAL FACILITY

• DESIGN FLOOD ELEVATION

• DEVELOPMENT [FOR USE WITH CHAPTER 17.76 FLOOD HAZARD DISTRICTS ONLY]

• DRY FLOODPROOFING

• ELEVATED STRUCTURE

• ELEVATION CERTIFICATE

• ENCROACHMENT

• EXISTING CONSTRUCTION [FOR USE WITH CHAPTER 17.76 FLOOD HAZARD DISTRICTS ONLY]

• EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR EXISTING MANUFACTURED HOME SUBDIVISION [FOR USE WITH CHAPTER 17.76 FLOOD HAZARD DISTRICTS ONLY]

• FIVE-HUNDRED YEAR FLOOD

• FLOOD INSURANCE RATE MAP

• FLOOD INSURANCE STUDY

• FLOODPLAIN

• FLOODPROOFING

• FLOODPROOFING CERTIFICATE

• FLOOD PROTECTION ELEVATION

• FREEBOARD

• HIGHEST ADJACENT GRADE

• LIMIT OF MODERATE WAVE ACTION

• LOWEST FLOOR

• MANUFACTURED (MOBILE) HOME

• MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION [FOR USE WITH CHAPTER 17.76 FLOOD HAZARD DISTRICTS ONLY]

• MARKET VALUE

• MEAN SEA LEVEL

• NEW CONSTRUCTION [FOR USE WITH CHAPTER 17.76 FLOOD HAZARD DISTRICTS ONLY]

• NEW MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION [FOR USE WITH CHAPTER 17.76 FLOOD HAZARD DISTRICTS ONLY]

• OBSTRUCTION

• REGULATORY FLOODPLAIN

• SHEET FLOW

• SPECIAL FLOOD HAZARD AREA

• START OF CONSTRUCTION [FOR USE WITH CHAPTER 17.76 FLOOD HAZARD DISTRICTS ONLY]

• STRUCTURE [FOR USE WITH CHAPTER 17.76 FLOOD HAZARD DISTRICTS ONLY]

• SUBSTANTIAL DAMAGE [FOR USE WITH CHAPTER 17.76 FLOOD HAZARD DISTRICTS ONLY]

• SUBSTANTIAL IMPROVEMENT [FOR USE WITH CHAPTER 17.76 FLOOD HAZARD DISTRICTS ONLY]

• UTILITIES [FOR STRUCTURES]:

• VARIANCE [FOR USE WITH CHAPTER 17.76 FLOOD HAZARD DISTRICTS ONLY]

• WATERCOURSE

• ZONE A

• ZONE V

• ZONE X

The summary below was prepared by Peter Lapolla, Director of Planning and approved by City Solicitor Christopher Rawson.

ORDINANCE NO. 2013-27 N AMENDMENT OF CHAPTER 17.16 OF TITLE 17 OF THE CODE OF THE CITY OF CRANSTON, ENTITLED “ZONING”

(Special Flood Hazard Districts)

*As Amended in Committee August 15, 2013

Passed: August 26, 2013

Approved: August 29, 2013

The Federal Emergency Management Agency (FEMA) and the Army Corps of Engineers have recently completed updating the FIRM (floodplain) maps for Rhode Island including the City of Cranston. Both as part of that update and as a requirement for the City’s continued participation in the National Flood Insurance Program, Cranston must 1) reference the new FIRM maps in the City’s Zoning Ordinance and 2) update the floodplain management chapter of the Zoning Ordinance to reflect current FEMA standards. In moving to meet FEMA’s requirements, the City of Cranston proposes eliminate the existing Chapter 17.16 in its entirety and enact a new Chapter 17.16 as proposed includes definitions regarding development in the floodplain , identifies the boundaries of the flood map and establishes a review process and development standards governing both residential and nonresidential development in the floodplain. As proposed Chapter 17.17 will include the following sections. The ordinance was also amended in Committee at the recommendation of FEMA to change “design flood elevation” to “base flood elevation” and to eliminate the ability to have multiple enclosed areas in elevated structures.

17.16.10 Findings of Fact; 17.16.20 Purpose; 17.16.30 Applicability; 17.16.40 Warning and Disclaimer of Liability; 17.16.50 Definitions; 17.16.60 Administration by Inspector of Buildings; 17.16.70 Permit Required; 17.16.80 Permit Fee; 17.16.90 General Development Standards; 17.16.100 Specific Standards; 17.16.110 Certification; 17.16.120 Variance; 17.16.130 Enforcement; 17.16.140 Severability

The summary below was prepared by Peter Lapolla, Director of Planning and approved by City Solicitor Christopher Rawson.

ORDINANCE NO. 2013-28 IN AMENDMENT OF TITLE 10, CHAPTER 32 OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED “MOTOR VEHICLES AND TRAFFIC” (No Parking on Calaman Road)

Passed: August 26, 2013

Approved: August 29, 2013

It is ordained by the City Council of the City of Cranston as follows:

Section 1. Chapter 10.32, Section .260 entitled “No Parking-Between 8:00 a.m. and 5:00 p.m.-Monday through Saturday” is hereby amended by deleting therefrom the following:

[Calaman Road, in front of the premises numbered 11 Calaman Road.]

Section 2. Chapter 10.32, Section .125 entitled “No Parking-After 5:00 p.m.” is hereby amended by adding thereto the following:

Calaman Road, north side, from Reservoir Avenue to in front of the premises numbered 11 Calaman Road.

Calaman Road, south side, from Reservoir Avenue for a distance of one hundred and fifty (150) feet.

Section 3. This Ordinance shall take effect upon its final adoption.

Sponsored by: Councilman Botts

ORDINANCE 2013-31 IN AMENDMENT OF TITLE 13, OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED “PUBLIC SERVICES ”

(Sewer Connection Permits)

*As Amended in Public Works Committee August 5, 2013

Passed: August 26, 2013

Approved: August 29, 2013

It is ordained by the City Council of the City of Cranston as follows:

Section 1. Title 13, Chapter 08, entitled “Sewer System Connection Permits” is hereby amended to read as follows:

13.08.100 - Sewer system connection permits.

No sanitary connection of private property or public property with the public sewer system shall be made until the owner of the land, or his or her duly authorized agent, has submitted an application in writing to the city for permission to make the same, and has been granted such permission.

A. There shall be two classes of building sewer permits:

1. For residential and commercial service; and

2. For service to establishments producing industrial wastes.

In either case, the owner or his or her agent shall submit an application on a form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgement of the city or its duly authorized representative. A permit and inspection fee shall be paid according to current fee schedules and cost estimate format established by the city.

B. Upon approval of the application by the city *[Council] the Public works Director ,[ the city] shall authorize the building inspector to issue a permit for such installation to a duly licensed plumber or drain layer.

1. *Each and every month the Public Works Director shall submit a list of names and addresses or all approved connections within the City of Cranston. This list shall be for notification/informational purposes only (not to ratify or reject).

C. Permits (or separate contracts) issued to establishments producing industrial wastes will include, as a minimum, effluent limits, including local and applicable EPA categorical standards as they are promulgated, compliance schedules, monitoring schedules, and general conditions. Industrial user permits may contain other conditions as the city deems necessary or desirable, including, but not limited to, best management practices. The permit conditions are specifically and independently enforceable regardless of whether they are expressly required or set out in this chapter.

D. All industrial users shall comply with any and all applicable pretreatment standards and requirements, including but not limited to EPA Categorical Pretreatment Standards [Title 40 Code of Federal Regulations, Chapter I, Subchapter N, Parts 405-471], National Prohibited Discharges (general and specific) [Title 40 Code of Federal Regulations Parts 403.5(a) and (b)] and all requirements of the Federal EPA General Pretreatment Regulations for Existing and New Sources of Pollution [Title 40 Code of Federal Regulations Part 403].

E. A sewer system connection fee shall be paid upon application for a building permit to erect structures which will connect directly or indirectly to the public sewer system.

For purpose of the sewer system connection fee, the city is divided into the westerly sewer system impact area and the easterly sewer system impact area. The westerly sewer system impact area is the portion of the city that is located west of Interstate Route 295. The easterly sewer system impact area is that portion of the city that is located east of Interstate Route 295.

* (existing chart added)

The westerly sewer system impact area

sewer system connection fees are as follows:

Single-family dwelling $3,000.00

Multi-family dwelling or apartment house or

condominium complex $750.00 per bedroom and/or den

Rest home or hospital $750.00/bed

Hotels, motels, motor inns and dormitories $750/room plus per square foot

charge for other floor space

Commercial, industrial or restaurant facility

1 to 10,000 gross square feet $0.75/S.F.

10,001 to 20,000 gross square feet $0.50/S.F.

20,001 and over gross square feet $0.25 S.F.

Minimum fee $3,000.00

The easterly sewer system impact area sewer system

connection fees are as follows:

Single-family dwelling $1,200.00

Multi-family dwelling or apartment house or

condominium complex $300.00 per bedroom and or den

Rest home or hospital $300.00/bed

Hotels, motels, motor inns and dormitories $300 Room plus per square foot

charge for other floor space

Commercial, industrial or restaurant facility

1 to 10,000 gross square feet $0.30/S.F.

10,001 to 20,000 gross square feet $0.20/S.F.

20,001 and over gross square feet $0.10/S.F.

Minimum fee $1,200.00

*An additional sewer connection fee shall be paid on any future additions or expansions to facilities in the above-mentioned categories. The additional fee shall be based on the above schedule in the appropriate category.

*F.Areas exempt from this chapter are as follows:

1. Public buildings;

2. Areas zoned M-1 or M-2 prior to January 1, 1983, located west of Route I-295, south of Plainfield Pike and north of Scituate Avenue.

G. *Any and all out of City connections (users located outside of Cranston) shall be approved by the Public Works Committee and then by the full City Council prior to any connection to the system. An out of city applicant seeking a connection to the Cranston Wastewater System shall not rely on the payment of engineering fees, costs, or studies spent in furtherance of a proposed connection, to Cranston or its agents as tacit approval for anything prior to receiving full City Council Approval.

Section 2. This Ordinance shall take effect on *final adoption.