For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CUT. An excavation, or the difference between a point on the original ground and a designated point of lower elevation on the final grade, or the material removed in excavation.
EROSION. The wearing away of the land surface by the action of wind, water, and gravity.
EXCAVATION. 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. Any act by which earth, sand, gravel, rock, or any other material is placed, pushed, dumped, pulled, transported, or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom; or the difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade; or the material used to make a fill.
GRADING. Any stripping, cutting, filling, stockpiling, or any combination thereof and shall include the land in its cut or filled condition.
MULCHING. The application of suitable materials on the soil surface to conserve moisture, hold soil in place, and aid in establishing plant cover.
NATURAL VEGETATION. The ground cover in its original state before any grading, excavation, or filling.
PERMANENT VEGETATION. Producing long-term vegetative cover such as blue grass, tall fescue, crown vetch, or similar cover.
PLAN. The Water Management and Sediment Control Plan.
SEDIMENT. Solid material both mineral and organic, that is in suspension, is being transported, or has been moved from its original site or origin by air, water, or gravity as a product of erosion.
SEDIMENT BASIN. A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, or silt or other materials.
SLOPE. The face of an embankment or cut section: any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.
SUBDIVISION. The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels, or other divisions of land
including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership, or building or lot development.
SWALE. A low-lying stretch of land which gathers or carries surface water runoff.
TEMPORARY VEGETATION. Short-term vegetative cover used to stabilize the soil surface until final grading and installation of permanent vegetation, such as oats, rye or wheat.
TOPSOIL. Surface soils and subsurface soils which presumably are fertile soils and soil material, ordinarily rich in organic matter or humus debris. Topsoil is usually found in the uppermost soil layer.
WATERCOURSE. A permanent stream, intermittent stream, river, brook, creek, channel, or ditch for water whether natural or manmade.
(Ord. C-447, passed 10-10-77)
(A) No changes shall be made in the contour of the land; no grading, excavating, removal or destruction of the topsoil, trees, or other vegetative cover of the land shall be commenced until such time that a plan for minimizing erosion and sedimentation has been processed with and reviewed by the Planning Commission or its duly authorized representative, or there has been a determination by the Planning Commission or its duly authorized representative that such plans are not required.
(B) No subdivision or land development plan shall be approved unless:
(1) There has been a plan approved by the Planning Commission or its duly authorized representative that provides for minimizing erosion and sediment as consistent with the intent of this chapter, and an improvement bond or other acceptable securities are deposited with the village in the form of escrow guarantee which will ensure installation and completion of the required improvements; or
(2) There has been a determination by the Planning Commission or its duly authorized representative that such plans are not required.
(C) No plan shall be required under this chapter of the following:
(1) An excavation below finished grade for basements and footings of a building, retaining walls, for swimming pools or structures attendant to the principal building authorized by a valid building permit.
(2) An excavation or fill which:
(a) Is less than four feet in vertical depth at its deepest point as measured from the natural ground surface;
(b) Does not result in a total quantity of more than 100 cubic yards of material on any lot, parcel, or subdivision thereof;
(c) Does not impair existing surface drainage, constitute a potential erosion hazard, or act as a source of sedimentation of any adjacent land or watercourse;
(d) Has no final slopes steeper than one foot vertical and three feet horizontal; or (e) Is a fill placed on a surface having a slope not steeper than five feet horizontal to one foot vertical.
(3) Accepted agricultural and management practices such as: plowing, and construction of agricultural structures, and nursery operations such as the removal or transplanting of cultivated sod, shrubs, and trees and tree cutting at or above existing ground.
(4) Grading, as a maintenance measure, or for landscaping purposes on existing developed lots or parcels, provided:
(a) The aggregate of area affected, or stripped at any one time does not exceed 5,000 square feet, and there is no damaging or erosive drainage coming on to the subject area;
(b) The grade change does not exceed 12 inches at any point and does not alter the drainage pattern;
(c) All bare earth is promptly seeded, sodded, or otherwise effectively protected from erosive actions; and
(d) The grading does not involve a quantity of material in excess of 100 cubic yards.
(Ord. C-447, passed 10-10-77) Penalty, see § 153.99
(A) The following principles are effective in minimizing erosion and sedimentation and shall be included where applicable in the control plan:
(1) Stripping of vegetation, regrading or other development shall be done in such a way that will minimize erosion. Whenever feasible, natural vegetation shall be retained, protected, and supplemented;
(2) Development plans shall preserve salient natural features, keep cut-fill operations to a minimum, and ensure conformity with topography so as to create the least erosion potential;
(3) The smallest practical area of land shall be exposed at any one time and the duration of exposure shall be kept to a practical minimum; the topsoil shall be revegetated;
(4) Disturbed soils shall be stabilized as quickly as practicable with temporary vegetation or mulching to protect exposed critical areas during development;
(5) The permanent final vegetation and structural erosion control and drainage measures shall be installed as soon as practical in the development;
(6) Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Where necessary, surface water runoff shall be structurally retarded;
(7) Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris basins, sediment basins, silt traps, or similar measures.
(B) The following standards shall be followed in all soil erosion and sediment control plans:
(1) All lots, tracts, or parcels shall be graded to provide proper drainage away from buildings and dispose of it without ponding, and all land within a development shall be graded to drain and dispose of surface water without ponding, except where approved by the Planning Commission or its duly authorized representative;
(2) All drainage provisions shall be of such design to adequately handle the surface runoff and carry it to the nearest suitable outlet such as a curbed street, storm drain, or natural watercourse. Where drainage swales are used to divert surface waters away from buildings, they shall be sodded, planted, or paved as required and shall be of such slope, shape, and size as to conform with the requirement of the village;
(3) Concentration of surface water runoff shall only be permitted in swales or watercourses;
(4) The installation of the specified soil erosion and sediment control measures shall be accomplished in accordance with the standards and specifications contained in "Water Management and Sediment Control for Urbanizing Areas" on file with the Planning Commission or its duly authorized representative;
(5) During the construction phase, further consultive technical assistance will be furnished, if necessary, by the Planning Commission or its duly authorized representative, or by the Hamilton County Soil and Water Conservation District. The Planning Commission or its duly authorized representative, shall enforce compliance with the approved plans.
(C) As finally approved, the plan for soil erosion and sedimentation control required of the landowner or his agent under § 153.02, shall include but not be restricted to the following requirements:
(1) A vicinity sketch and boundary line survey of the site for which the permit is sought and on which the work is to be performed;
(2) Location of any buildings, structures, utilities, sewers, water and storm drains on the site where the work is to be performed;
(3) Location of any building or structure on land of adjacent property owners within 100 feet of the site;
(4) Elevations, contours, dimensions, location, and extent of all work proposed to be done, and the existing elevations or contours of the land in one foot intervals for slopes zero to six degrees, two-foot intervals for slopes six to 18 degrees, and five-foot intervals for slopes 18 degrees or more.
(5) A certification of the quantity of excavation and fill involved;
(6) Detailed plans of all drainage provisions, retaining walls, cribbing, vegetative practices, erosion and sediment control measures, location of approved fences around sediment basins, steep excavations, or ponding areas, and other protective devices to be constructed in connection with, or as a part of the proposed work, together with a map showing the drainage area of land tributary to the site, and estimated cubic foot per second runoff of the area served by any drain, computed in accordance with the current village storm drainage criteria;
(7) A timing schedule and sequence indicating the anticipated starting and completion dates of the development sequence: stripping or clearing, rough grading and construction, final grading and vegetative establishment, and maintenance, and the time of exposure of each area prior to the completion of effective erosion and sediment control measures;
(8) The estimated cost of the grading or filling and the cost of the required erosion controls.
(Ord. C-447, passed 10-10-77) Penalty, see § 153.99
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