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 agent has submitted to the Planning Commission, or its duly authorized representative, for approval a plan for erosion and sedimentation controls, unless there has been a prior determination by the Planning Commission, or its duly authorized representative, that such plans are not necessary (See Section 3.4 (C)(5)). Such plans shall contain adequate measures for control of erosion and siltation where necessary, using the guidelines and policies contained herein. The Planning Commission, or its duly authorized representative, shall review these plans as submitted, and shall take necessary steps to insure compliance by the developer with these plans as finally approved.
(A) Requirements.
(1) Three sets of plans for the control of erosion and sedimentation shall be submitted to the Planning Commission, or its duly authorized representative, at the time the final plat drawings are submitted.
(2) 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 bond (as per Section 7.19 (B) of these regulations). In addition, the subdivider shall be required to provide a cash escrow guarantee (to be held by a company which is in the practice of handling escrows, approved by the City Council) in an amount determined by the Planning Commission, or its duly authorized representative, which would insure the city that emergency measures could be taken by the city at the subdivider's expense, if he did not initiate corrective action determined to be needed by the Planning Commission, or its duly authorized representative. In this regard the subdivider shall, at the time of final plat submission, deliver to the City Council, written instructions addressed to the escrow holder which shall authorize and instruct the escrow holder to convey to the subdivider, after completion of the entire subdivision, (as per the construction agreement) upon approval, by resolution of the City Council, the cash guarantee or to convey to the city, when the City Council has approved such action, by resolution, such amounts of the cash guarantee, as the resolution requires.
(3) 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 local representative of the Soil Conservation Service. The Planning Commission, or its duly authorized representative, shall enforce compliance with the approved plans.
(4) The Planning Commission, or its duly authorized representative, shall make a continuing review and evaluation of the methods used and the overall effectiveness of the erosion and sedimentation control program.
(B) Suggested control measures. The following control measures should be used for an effective erosion and sediment control plan:
(1) The smallest practical area of land should be exposed at any one time during development.
(2) When land is exposed during development, the exposure should be kept to the shortest practical period of time.
(3) Where necessary, temporary vegetation and/or mulching should be used to protect areas exposed during development.
(4) 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.
(5) Provisions should be made to effectively accommodate the increased run-off caused by changed soil and surface conditions during and after development.
(6) The permanent final vegetation and structures should be installed as soon as practical in the development.
(7) The development plans should be fitted to the topography and soils so as to create the least erosion potential.
(8) Wherever feasible, natural vegetation should be retained and protected.
(Ord. 1971-2, passed 4-6-71)