250 R.I. Code R. 250-RICR-150-10-6.21

Current through December 26, 2024

Section 250-RICR-150-10-6.21 - Subdivisions

A. Administrative

1. No person shall begin construction in any subdivision requiring a Subdivision Site Suitability Certification in accordance with this Rule until the Director has approved such certification.

2. Any subdivision of five (5) lots or less that does not have frontage on an existing road and all subdivisions of six (6) lots or more shall apply for a Subdivision Site Suitability Certification in accordance with § 6.21(B) of this Part.

3. Subdivisions of five (5) lots or less that have frontage on an existing road have the option to apply for a Subdivision Site Suitability Certification pursuant to § 6.21(B) of this Part or submit OWTS applications for individual lots in accordance with § 6.18 of this Part. If applications for individual lots are submitted, the submittal shall be in accordance with the following:

a. The applications must be submitted together;

b. Each application shall clearly state that the lot is part of a subdivision of five (5) lots or less with existing road frontage; and

c. Each lot must meet all requirements of these Rules in order for an OWTS permit to be issued by the Department for any of the lots.

4. Subdivision Soil Evaluation - A soil evaluation shall be conducted for each lot in accordance with § 6.16 of this Part. Soil evaluations for subdivisions are exempt from the requirement in § 6.16(I)(1) of this Part that the test holes be within twenty-five feet (25') of the proposed leachfield, unless the Director determines that soil conditions justify that the test holes must be placed within twenty-five feet (25') of the proposed leachfield. Soil evaluations must be accepted by the Director prior to submission of an application for Subdivision Site Suitability Certification.

5. An approved Subdivision Site Suitability Certification shall not operate as an approval for the construction of any OWTS as required by § 6.18 of this Part.

6. Land within the original property boundaries that is designated for future development will not be part of the review for Subdivision Site Suitability Certification. However, it must be shown that one (1) unit can be built on the land designated for future development.

7. OWTSs installed without State approval, OWTSs installed prior to April 9, 1968 and cesspools on existing lots in a proposed subdivision shall be upgraded to the current standards, to the extent possible, in accordance with these Rules as part of a Subdivision Site Suitability Certification within one (1) year of the recording of the subdivision.

8. The applicant for a Subdivision Site Suitability Certification must demonstrate that the OWTS for the proposed use on each proposed lot in a subdivision meets all the requirements of these Rules in order for a Subdivision Site Suitability Certification to be issued by the Department.

9. Nothing in § 6.21 of this Part shall prevent the Director from requesting any or all of the procedures established in these Rules for a single lot if the Director determines it is necessary for the protection of the public health and environment.

10. Easement Filing - Where subdivision lots will require filling beyond lot lines, an easement for that human transported material must be submitted with the application for the individual lots.

B. Subdivision Site Suitability Certification - Application for Subdivision Site Suitability Certification shall be prepared by a Class II or Class III Licensed Designer, as appropriate, on forms approved by the Director and shall include the information in §§ 6.21(B)(1) through (5) of this Part and any other information the Director may require. The application for Subdivision Site Suitability Certification will be reviewed for all information necessary to determine the suitability of a parcel of land to be divided as shown on the application.

1. Location Map - A location map or sketch showing existing highways, streets and/or other identifiable landmarks or distances thereto, shall be furnished to facilitate an inspection of the site. This may be incorporated on the topographic map.

2. Soil Survey - A copy of the page or pages of the latest Soil Survey published by the Natural Resource Conservation Service of the U.S. Department of Agriculture illustrating the location of the subdivision.

3. Topographic Map

a. The topographic map shall show ground elevations on the tract as follows:

(1) For land that slopes less than approximately two percent (2%), show spot elevations at all breaks in grade, along all drainage channels or swales, and at selected points not more than one hundred feet (100') apart in all directions; and

(2) For land that slopes more than approximately two percent (2%) show broken line contours with an interval of not more than two feet (2').

b. The datum on which the elevations or contours are based shall be reported including a permanent reference benchmark. Where cut or fill of more than one foot (1') can be anticipated and estimated, it should be indicated by solid line contours showing approximate finished grade. Plan and profile showing existing and proposed finished grades of proposed roads must be provided.

c. The topographic map shall show the following for the entire area of the subdivision:

(1) Proposed house locations;

(2) Existing structures, public and private water supplies and OWTSs;

(3) Rights of way or easements;

(4) Watercourses, drainageways, and drainage basins;

(5) Rock outcrops and wooded areas;

(6) Stone walls;

(7) Location of proposed water supplies and OWTSs on lots within the subdivision conforming with requirements of § 6.23 of this Part;

(8) Location of test holes used for the soil evaluation; and

(9) Location of any critical resource area as defined in § 6.42 of this Part within the property.

4. For lands immediately adjacent to the subdivision, the items below shall be shown, designated or reported. Distances below shall be determined from the subdivision property boundary.

a. Watercourses within two hundred feet (200');

b. Private drinking water wells (existing and those proposed on an approved OWTS permit) within two hundred feet (200');

c. Public wells (existing and proposed) approved by the Rhode Island Department of Health within five hundred feet (500'); and

d. Location of any existing OWTS or drain within one hundred feet (100') of the property.

5. Water Quality Assessment - Where, in the opinion of the Director, a substantial question exists regarding the cumulative impact of the operation of OWTSs within the subdivision on surface water or groundwater quality, the Director may require an assessment of such potential cumulative impacts, including appropriate studies, to be submitted by the applicant. This assessment may include, but not be limited to, a determination of whether the operation of the OWTSs will result in a loss of a use or violation of a surface water or groundwater quality standard assigned to that body of groundwater or surface water in question as designated by the Department.

6. Certification - The Subdivision Site Suitability Certification shall be accompanied by a certification, on a form approved by the Director, that the work was conducted in a manner consistent with these Rules and that it is an accurate portrayal of site conditions. If more than one (1) individual licensed under these Rules participated in the development of the subdivision site suitability report, the report must specify who prepared which part and include a certification from each licensee.

C. Expiration of Subdivision Site Suitability Certification

1. Except for permits eligible for tolling pursuant to R.I. Gen. Laws § 42-17.1 2.5 as provided in § 6.21(C)(2) of this Part, a Subdivision Site Suitability Certification shall expire five (5) years from the date of issuance unless the subdivision has been platted or recorded as evidenced by the submission of a copy of the recorded subdivision plat map. After expiration, certification may be obtained only by reapplying under the Rules in effect at the time of re-application. Once a subdivision has been platted or recorded, no further certification shall be required and all lots may proceed with the application process for their OWTS in accordance with these Rules.

a. In the event that there is any change in the configuration of any lot or road depicted in an approved Subdivision Site Suitability Certification, the applicant shall submit revised subdivision layout plans to the Department for its review. If the changes to the subdivision are found to be substantial, the Director may order the applicant to apply for a new Subdivision Site Suitability Certification based on the new plans.

b. Whenever the configuration of any lot or road in a subdivision depicted in an approved Subdivision Site Suitability Certification is altered so as to affect twenty-five percent (25%) or more of the original lots, a new Application for Subdivision Site Suitability Certification shall be submitted.

2. Subdivision Site Suitability Certifications that were valid on, or issued after November 9, 2009 that are subject to tolling pursuant to R.I. Gen. Laws § 42-17.1-2.5 shall be tolled for the period provided by R.I. Gen. Laws § 4217.1-2.5 and expire on the date five (5) years after approval plus the tolling period in accordance with said statute, unless the subdivision has been platted or recorded as evidenced by the submission of a copy of the recorded subdivision plat map.

250 R.I. Code R. 250-RICR-150-10-6.21

Amended effective 11/25/2018
Amended effective 12/28/2021
Amended effective 7/1/2022