All persons who cause, in whole or in part, any earth disturbances or grading activities to occur shall provide soil erosion and sedimentation control so as to adequately prevent soils from being eroded and discharged or deposited onto adjacent properties or into a storm water drainage system, a public street or right of way, wetland, creek, stream, water body, or floodplain. All development shall be in accordance with all applicable federal, state and local ordinances, rules and regulations. During any earth disturbance or grading that exposes soil to an increased risk of erosion or sediment track-out, the property owner, person, and other persons causing or participating in the earth disturbance or grading change shall do the following:
(A) Comply with the storm water management standards of this chapter;
(B) Obtain and comply with the terms of a soil erosion and sedimentation control permit if required by Indiana law;
(C) Prevent damage to any public utilities or services within the limits of grading and within any routes of travel or areas of work of construction equipment;
(D) Prevent damage to or impairment of any water body on or near the location of the earth disturbance or grading;
(E) Prevent damage to adjacent or nearby land;
(F) All on-site storm drain inlets shall be protected against sedimentation with straw bales, filter fabric, or equivalent barriers meeting accepted design criteria, standards, and specifications for that purpose;
(G) Apply for all required approvals or permits prior to the commencement of work;
(H) Proceed with the proposed work only in accordance with the approved plans and in compliance with this chapter;
(I) Maintain all required soil erosion and sedimentation control measures, including but not limited to, measures required for compliance with the terms of this chapter;
(J) Promptly remove all soil, sediment, debris, or other materials applied, dumped, tracked, or otherwise deposited on any lands, public streets, sidewalks, or other public ways or facilities, including catch basins, storm sewers, ditches, drainage swales or water bodies. Removal of all such soil, sediment, debris or other materials within 24 hours shall be considered compliance with this requirement, unless the materials present an immediate hazard to public health and safety. Bulk cleaning of accumulated sediment shall not include flushing the area with water from any source;
(K) Refrain from grading lands at locations near or adjoining lands, public streets, sidewalks, alleys, or other public or private property without providing adequate support or other measures so as to protect the other lands, streets, sidewalks or other property from settling, cracking or sustaining other damage; and
(L) Request and obtain inspection of soil erosion and sedimentation control facilities by the city at the frequency as required by the city.
(Ord. 35-2004, passed 10-12-04; Am. Ord. 37-2005, passed 10-11-05) Penalty, see § 157.999