(A) In the event that any developer shall intend to make changes in the contour of any land proposed to be subdivided, developed, or changed in use by grading, excavating or the removal or destruction of the natural topsoil, trees, or other vegetative covering thereon the same shall only be accomplished after the owner of said land or his or her agent has submitted to the Planning Commission for approval a plan for erosion and sedimentation control. No topsoil or other construction products will be allowed to wash from the site under development onto adjacent roadways or public or private property (see Appendix E).
(B) Such plans shall contain adequate measures for control of erosion and siltation where necessary, using the guidelines and policies contained herein and in accordance with recommendations of the county’s Conservation District. If recommendations are not incorporated into said plan, the person, firm, or corporation or its agent who submitted said plans shall set forth in writing the reason for not incorporating any of the recommendations of the county’s Conservation District.
(C) The Planning Commission shall review these plans as submitted, and shall take necessary steps to ensure compliance by the developer with these plans as finally approved.
(1) Requirements.
(a) Two sets of plans for the control of erosion and sedimentation shall be submitted to the Planning Commission at the time the final plat drawings are submitted.
(b) Measures to be taken to control erosion and sedimentation shall be described and provided for in the construction agreement and the estimated cost of accomplishing such measures shall be covered in the performance guarantee provisions of these regulations. In addition, the developer shall be required to provide a cash escrow guarantee in an amount determined by the Planning Commission which would ensure the city that emergency measures could be taken at the developer’s expense, if he or she did not initiate corrective action determined to be needed by the Planning Commission.
(c) At the building permit application site, a review will be conducted to ensure conformance with the plan as approved.
(d) During the planning phase, technical conservation planning assistance may be furnished, if necessary, by the Planning Commission, or by the local representative of the Soil Conservation Service through the county’s Conservation District. The Planning Commission shall enforce compliance with the approved plans.
(e) The Planning Commission shall make a continuing review and evaluation of the methods used and the overall effectiveness of the erosion and sedimentation control program.
(f) All erosion control measures must meet the guidelines of the county’s Conservation District.
(2) Suggested control measures. The following control measures should be used for an effective erosion and sediment control plan.
(a) The smallest practical area of land should be exposed at any one time during development.
(b) When land is exposed during development, the exposure should be kept to the shortest practical period of time.
(c) Where necessary, temporary vegetation, erosion fencing, and/or mulching should be used to protect areas exposed during development.
(d) Sediment basins (debris basins, desilting basins, or silt traps) should be installed and maintained to remove sediment from run-off waters from land undergoing development.
(e) Provisions should be made to effectively accommodate the increased runoff caused by changed sod and surface conditions during and after development.
(f) The permanent final vegetation and structures should be installed as soon as practical in the development.
(g) The development plan should be fitted to the topography and soils so as to create the least erosion potential.
(h) Wherever feasible, natural vegetation should be retained and protected.
(3) Erosion plan. The report shall include but not be restricted to the following provisions:
(a) The areas of said premises that may be exposed at any one time;
(b) The type of temporary vegetation and/or mulching that will be used to protect exposed areas of said described premises during the construction of any improvements thereon, or changes being made in the contours thereof, or in removal or destruction of topsoil, trees, and other vegetation located thereon;
(c) The locations, construction, and maintenance of sediment basins or other control measures on said premises;
(d) The type of permanent and final vegetation and water control structures or features (e.g., swales, diversions) that should be planted and installed on the said described premises and the time within such vegetation and structures are to be planted and installed;
(e) Description of the type of soil comprising the described premises and physical properties of each type; and
(f) Description of the soil comprising the area immediately adjacent and within the general vicinity of the described premises, and physical properties thereof.
(4) Construction inspections.
(a) Responsible official. The Planning Commission shall be responsible for the inspection of all improvements. The Planning Commission Engineer shall make a minimum of three inspections to ensure compliance with these regulations not under the jurisdiction of any conflicting agency or utility. The Commission shall adopt a fee schedule to cover the cost of said inspections.
(b) Authority and duties of inspectors. Inspectors employed by the Planning Commission shall be authorized to inspect all work done and all materials furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. The inspector shall not be authorized to revoke, alter, or waive any requirements or the specifications of plans. He or she shall be authorized to call the attention of the contractor to any failure of the work or materials to conform to the specifications and contract. He or she shall have the authority to reject materials which do not meet specification requirements or suspend the portion of the work involved until any question at issue can be referred to and decided by the Planning Commission.
(c) Final inspections. Upon completion of all the improvements, the subdivider shall request, in writing, a final inspection by the Planning Commission Engineer. The Planning Commission shall make a final inspection of streets, sidewalks, curbs and gutters, storm sewers, and other improvements required in these regulations, and copies of final inspections of other agencies.
(Prior Code, § 74.860) (Ord. passed 3- -1995; Ord. passed 10- -2005; Ord. 2018-03, passed 2-14-2018; Ord. passed 1- -2020)