(A) Findings. The Board of Commissioners of the county finds that:
(1) Excessive quantities of soil may erode from areas undergoing development for certain non-agricultural uses including but not limited to the construction of dwelling units, commercial buildings and industrial plants, the building of roads and streets and the creation of recreational facilities;
(2) Sediment from soil erosion tends to clog sewers and ditches and to pollute and silt rivers, streams, ponds, lakes and reservoirs;
(3) Sediment limits the use of water and waterways for most beneficial purposes and has resulted in the deterioration of the water resources of the county;
(4) Sediment reduces the channel capacity of waterways, resulting in increased chances of flooding at risk to public health and safety;
(5) Adopting the standards, criteria and procedures contained in this chapter and implementing the same will address many of the detrimental effects associated with land development;
(6) Adopting these standards is necessary for the preservation of the soils and topography of the county as well as the public health, safety and welfare; and
(7) The county has the authority to adopt an erosion and sediment control ordinance pursuant to I.C. 36-1-3 and so that the county may comply with requirements of 327 I.A.C. 15-13.
(B) Purpose. The Board of Commissioners of the county hereby declares that the purpose of this chapter is to establish minimum erosion and sediment control requirements to protect and safeguard the general health, safety and welfare of the public by guiding, regulating and controlling the design, construction, use and maintenance of any development or other land altering activity which disturbs or breaks the topsoil or otherwise results in the movement of earth within the defined boundaries of the county and as specified herein.
(Ord. 2008-07, passed 5-5-2008)