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§ 152.143 APPLICABILITY.
   (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;
      (5)   Single-family lots are required to comply with §§ 152.144 and 152.146 of this subchapter;
      (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)
§ 152.144 EROSION AND POLLUTANT CONTROL REQUIREMENTS.
   The following requirements shall be met on all sites described in § 152.143.
   (A)   Site dewatering. Sediment-laden water flowing from the site shall be detained by temporary sediment basins. Also, water shall not be discharged in a manner that causes erosion in the receiving channels.
   (B)   Waste and material disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials, or hazardous materials) shall be properly disposed of and not allowed to go offsite or in storm sewers.
   (C)   Tracking. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) by those responsible before the end of each workday.
   (D)   Drain inlet protection. All storm inlets shall be protected with straw bales, filter fabric, or an equivalent barrier meeting accepted design criteria, standards, and specifications.
   (E)   Sediment control. Sediment shall be controlled and contained on-site.
   (F)   Vacant land. For vacant land held for development, grass or other vegetative ground cover is required.
   (G)   Control plan and control schedule. The control plan and control plan schedule must be followed. Changes to the control plan and control plan schedule must be approved in writing by the Planning Department or its representative.
   (H)   Erosion control measures. All erosion control measures must be installed, inspected and approved by the Planning Department or its representative before land disturbing activity can take place.
   (I)   Disturbed areas at final grade. Disturbed areas which are at finished grade with installed utilities shall be permanently seeded within seven days.
   (J)   Disturbed areas not at final grade. Disturbed areas not yet at final grade with installed utilities that have no construction activity as indicated on the construction schedule and/or control plan for thirty days or more shall be established with temporary vegetation or mulching. The beginning date of disturbance shall be established by the Planning Department as indicated in a written log. The landowner shall be notified in writing of this start date if different from the construction schedule.
   (K)   Disturbed areas not at final grade and no construction. Disturbed areas not yet at final grade that receives no construction activity including, erection of a building structure, installation of utilities, installation of pavement, installation of sidewalks, installation of landscaping or final grading, for 30 days or more, shall be established with temporary vegetation or mulching.
   (L)   Inactive single-family lots. Single-family lots that remain inactive for 30 days or more shall be established with temporary vegetation. This requirement may be waived if the landowner has sold the lot and construction activity is scheduled to begin within 30 days of being sold.
   (M)   Erosion control on single-family lots. Single-family lots must be controlled with erosion control measures appropriate for the season.
   (N)   Steep slopes. Slopes over 18% which are disturbed and are at final grade with installed utilities shall be covered immediately with seeding, mulch, or other covering appropriate for the season.
(Ord. 06-12, passed 6-26-2006)
§ 152.145 PERMIT APPLICATION, CONTROL PLAN, PERMIT ISSUANCE, AND MEMORANDUM OF EROSION CONTROL RESPONSIBILITY.
   (A)   Permit application. For each project, at least one developer, landowner or land user desiring to undertake a land disturbance or land development activity subject to this subchapter shall submit an application for a permit and a control plan. For grading and building permits, this application shall be filed at the Monroe County Building Department. By submitting an application, the applicant is authorizing the Planning Department(s) to enter the site to obtain the information required for review of the control plan.
   (B)   Control plan. Site plan must be drawn to scale showing erosion control features. The services of a professional engineer may be employed at the discretion of the developer.
   (C)   Permit issuance. No developer, landowner or land user may commence a land disturbance or land development activity subject to this chapter without receiving approval of a control plan for the site and a permit from the Town's Planning Department or the Monroe County Building Department.
   (D)   Memorandum of erosion control responsibility. With such application, permittee is required to submit a memorandum of erosion control responsibility. This memorandum shall designate a responsible party for all erosion control measures. This memorandum shall incorporate this subchapter by reference and bind the applicant to all regulations contained therein. This memorandum is in effect until the project is completed or a new memorandum of erosion control responsibility is filed with the Planning Department designating a new property owner or responsible party.
   (E)   Required permits. For each project copies of required state and federal permits will be provided.
   (F)   Plan Commission approval. For projects requiring approval by the Plan Commission, no grading permits shall be issued in advance of Plan Commission approval.
(Ord. 06-12, passed 6-26-2006)
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