(A) This section applies to the following types of land development or land disturbing activities:
(1) Those involving grading, removal of protective ground cover of vegetation, excavation, land filling, landscaping, or other building construction activity expected to affect a surface of 1,000 square feet or more;
(2) Those involving excavation or filling or a combination of excavation and filling expected to affect 400 cubic yards or more of dirt, sand, or other excavation or fill materials;
(3) Those involving street, highway, road or bridge construction, enlargement, relocation, or reconstruction;
(4) Those involving the laying, repairing, replacing, or enlarging of an underground pipe or facility for a distance of 300 feet or more;
(6) Those involving non-construction activities on industrial, commercial, or residential properties that lack vegetation, ground cover expected to affect a surface less than 1,000 square feet.
(B) All municipal government departments and utilities are bound by this subchapter. A memorandum of agreement will be prepared with each utility doing business within the town regarding its rights and responsibilities during land reconstruction activities.
(C) All erosion control measures shall be implemented as specified in the control plan and required by this chapter and as appropriate for the season.
(D) The Director of Planning Services or Code Enforcement Officer, upon written order or posting of a notice of violation, shall issue an abatement date of ten days to repair the affected area(s).
(E) If the person(s), company or corporation responsible for the repairs refuses to abate and repair the situation, as specified in this section, within the time specified, commits a Class E ordinance violation and shall be fined $25 for each offense daily. Unpaid fines shall be a lien on the property collected as taxes are collected and turned in to the town treasury.
(Ord. 06-12, passed 6-26-2006; Am. Ord. 09-17, passed 6-8-2009)