The text
Sec. 12-1. - Definitions.#
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Applicant means any person proposing a development which would involve disturbance to the natural terrain.
Cut means an excavation, the difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation.
Development project means any construction, reconstruction, demolition, or removal of structures, roadways, parking, or other paved areas; utilities, or other similar facilities, including any action requiring permit by the town.
Erosion means the removal of mineral and/or organic matter by the action of wind, water, and/or gravity.
Excavate means any act by which earth, sand, gravel, rock, or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated, or bulldozed, and shall include the conditions resulting therefrom.
Fill means any act by which earth, sand, or other material is placed or moved to a new location aboveground. The fill is also the difference in elevation between a point or existing undisturbed ground and a designated point of higher elevation of the final grade.
Land-disturbing activity means any physical land development activity which included such actions as clearance of vegetation; moving or filling of land; removal or excavation of soil or mineral resources; or similar activities.
Runoff means the surface water discharge or rate of discharge of a given watershed after a fall of rain or snow and including seepage flows that do not enter the soil but run off the surface of the land. Also, that portion of water that is not absorbed by the soil, but runs off the land surface.
Sediment means solid material, both mineral and/or organic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water and/or gravity as a product of erosion.
Soil erosion and sediment control plans means the approved document required before any person may cause a disturbance to the natural terrain within the town as herein regulated. Also, herein referred to as erosion and sediment control plan, approved plan.
Comment Text (parent not a footnote)(Ord. of 5-12-83, § 13)
Cross reference— Comment Text (parent not a footnote)Definitions and rules of construction generally, § 1-2.
Sec. 12-2. - Purpose.#
(a)
The town council hereby finds that excessive quantities of soil are eroding from certain areas that are undergoing development for nonagricultural uses such as housing developments, industrial areas, recreational facilities and roads. This erosion makes necessary costly repairs to gullies, washed out fills, roads, and embankments. The resulting sediment clogs the storm sewers, road ditches and muddies streams, leaves deposits of silt in ponds and reservoirs and is considered a major water pollutant.
(b)
The purpose of this chapter is to prevent soil erosion and sedimentation from occurring as a result of nonagricultural development within the town by requiring proper provisions for water disposal, and the protection of soil surfaces during and after construction, in order to promote the safety, public health and general welfare of the town.
Comment Text (parent not a footnote)(Ord. of 5-12-83, § 1)
Sec. 12-3. - Application.#
This chapter shall be applicable in any situation involving any disturbance to the natural terrain, topsoil or vegetative ground cover upon any property within the town except as so specified in section 12-31, including but not limited to the following specific situations: (1)
For any development project subject to the obtaining of a building permit pursuant to the building code.
(2)
For any development project subject to the approval of a subdivision plan pursuant to the subdivision regulations; however, the preliminary and final plats approved by the town planning commission shall constitute the plan.
(3)
All plans for projects undertaken by the town through private contractors shall include in the specifications and in the contract documents the requirements of this chapter.
(4)
All projects undertaken directly by the department of public works and by its several divisions shall be undertaken in accordance with the performance principles provided for in section 12-59 and such standards and definitions as may be adopted to implement such performance principles.
Comment Text (parent not a footnote)(Ord. of 5-12-83, § 2)
Sec. 12-4. - Penalty for violation.#
In addition to any other provision of this chapter, whenever there is a failure to comply with the provisions of this chapter, the town shall have the right to notify the applicant/owner that it has five (5) days from the receipt of notice to temporarily correct the violations and thirty (30) days from receipt of notice to permanently correct the violations. Should the applicant/owner fail to take the temporary corrective measures within the five-day period and the permanent corrective measures within the thirty-day period, the town shall then have the right to take whatever actions it deems necessary to correct the violations and to assert a lien on the subject property in an amount equal to the costs of remedial actions. The imposition of any penalty shall not exempt the offender from compliance with the provisions of this chapter, including revocation of the performance bond or assessment of a lien on the property by the town.
Comment Text (parent not a footnote)(Ord. of 5-12-83, § 12(b))
Sec. 12-5. - Liability.#
Neither approval of an erosion and sediment control plan nor compliance with any condition of this chapter shall relieve the owner/applicant from any responsibility for damage to persons or property, nor impose any liability upon the town for damages to persons or property.
Comment Text (parent not a footnote)(Ord. of 5-12-83, § 9)
Sec. 12-6. - Approval; expiration, renewal.#
(a)
Every approval granted pursuant to this chapter shall expire at the end of the time period set forth in the conditions. The developer shall fully perform and complete all of the work required within the specified time period.
(b)
If the developer is unable to complete the work within the designated time period, he shall, at least thirty (30) days prior to the expiration date, submit a written request for an extension of time to the building official, setting forth the reasons underlying the requested time extension. If the extension is warranted, the building official may grant an extension of time up to a maximum of one (1) year from the date of the original deadline. Subsequent extensions under the same conditions may be granted at the discretion of the building official.
Comment Text (parent not a footnote)(Ord. of 5-12-83, § 7)
Sec. 12-7. - Maintenance of measures.#
Maintenance of all erosion-sediment control devices under this chapter shall be the responsibility of the owner. Such erosion-sediment control devices shall be maintained in good condition and working order on a continuing basis. Watercourses originating and located completely on private property shall be the responsibility of the owner to their point of open discharge at the property line or at a communal watercourse within the property.
Comment Text (parent not a footnote)(Ord. of 5-12-83, § 8)
Sec. 12-8. - Periodic inspections.#
The provisions of this chapter shall be administered and enforced by the building official or his designated representative. All work shall be subject to periodic inspections by the building officials, or his authorized agent. All work shall be performed in accordance with an inspection and construction control schedule approved by the building official or his designated representative, who shall maintain a permanent file on all of its inspections. Upon completion of the work, the developer or owner shall notify the building official that all grading, drainage, erosion and sediment control measures and devices, and vegetation and ground cover planting has been completed in conformance with the approval, all attached plans, specifications, conditions, and other applicable provisions of this chapter.
Comment Text (parent not a footnote)(Ord. of 5-12-83, § 10(a))
Sec. 12-9. - Final inspections.#
(a)
Upon notification of the completion of work under this chapter by the owner, the building official or his authorized agent shall make a final inspection of the site in question and shall prepare a final summary inspection report of his findings which shall be retained in the department of inspections and in the department of public works permanent inspections file.
(b)
After the final site inspection has been completed and approved, the applicant/owner may request a release of his performance bond by the building official. In the instance where the performance bond has been posted with the recording of a final subdivision, the bond shall be released after the building official has been notified by the plan commission of successful completion of all plat improvements by the applicant/owner.
Comment Text (parent not a footnote)(Ord. of 5-12-83, § 10(b))
Sec. 12-10. - Noncompliance.#
If, at any stage, the work-in-progress and/or completed under the terms of an approved erosion and sediment control plan does not conform to such plan, a written notice from the building official to comply shall be transmitted to the owner. Such notice shall set forth the nature of corrections required and the time limit within which corrections shall be completed. Failure to comply with the required corrections within the specified time limit shall be considered in violation of this chapter, in which case the performance bond or cash or negotiable securities deposit shall be subject to notice of default, in accordance with section 12-61.
Comment Text (parent not a footnote)(Ord. of 5-12-83, § 11)
Sec. 12-11. - Revocation or suspension of approval.#
The approval of an erosion and sediment control plan under this chapter may be revoked or suspended and work initiated under the plan halted for an indefinite time period by the building official or his authorized agent after written notification is transmitted to the developer for one (1) or more of the following reasons: (1)
Violation of any condition of the approved plan, conditions or specifications pertaining thereto;
(2)
Violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation related to the work or site of work; and
(3)
The existence of any condition or the performance of any act constituting or creating a nuisance, hazard, or endangerment to human life or the property of others, or contrary to the spirit or intent of this chapter.
Comment Text (parent not a footnote)(Ord. of 5-12-83, § 12(a))