(a)   Effective erosion and sediment controls shall be designed, installed and maintained to minimize the discharge of pollutants offsite.  At a minimum, such controls shall be designed, maintained to:
      (1)   The smallest practical area of land shall be exposed at any one time during Development, construction, extraction, or other use.
      (2)   When land is exposed during Development, use, extraction, etc., the exposure shall be kept to the shortest practical period of time.
      (3)   Temporary vegetation and/or mulching shall be used to protect critical areas exposed during Development, use, etc.
      (4)   Sediment basins (debris basins, debiting basins, or silt traps) shall be installed and maintained to remove all sediment from run-off and/or operating waters from land undergoing Development, use, etc.
      (5)   Provisions shall be made to effectively accommodate the increased run-off caused by soil and surface conditions during and after Development, use, etc.
      (6)   The Development plan or site plan shall be fitted to the topography and soils so as to create the least erosion potential.
      (7)   Wherever feasible, natural vegetation shall be retained and protected.
      (8)   All banks resulting from reclamation of all excavations shall be sloped not greater than one (1) foot vertical to five (5) feet horizontal and said bank shall have a minimum of four (4) inches top soil mixed with four (4) inches of grade, then seeded and sufficiently mulched to eliminate any erosion.
      (9)   Control storm water volume and velocity within the site to minimize soil erosion.
      (10)   Control storm water discharges, including both peak flow rates and total storm water volume, to minimize erosion at outlets and to minimize downstream channel and stream bank erosion
      (11)   Minimize the disturbance of steep slopes.
      (12)   Minimize sediment discharges from the site.  The design, installation and maintenance of erosion controls shall address factors such as amount, frequency, intensity and duration of precipitation, the nature of resulting storm water runoff, and soil characteristics, including the range of soil particle sizes expected to be present on the site
      (13)   Wherever feasible, provide and maintain a 50-foot undisturbed natural buffer around surface waters of the state, direct storm water to vegetated areas to increase sediment removal and maximize storm water infiltration.
      (14)   Minimize soil compaction and unless unfeasible, preserve soil.
      (15)   Minimize the discharge of pollutants from equipment and vehicle washing, wheel water, and other wash waters.  Wash waters shall be treated in a sediment basin or alternative control that provides equivalent or better treatment prior to discharge.
      (16)   Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste and other materials present on the site to precipitation and to storm water.
      (17)   Minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures.
   (b)   The following type of construction projects are exempt from sediment and erosion control measures:
(1)   If the rainfall erosivity factor, R, is less than 5 for the project.
      (2)   The construction planned is "routine maintenance" to re-establish the original line, grade or hydraulic capacity of Storm Water infrastructure (i.e. ditch cleaning, detention basin dredging, etc.) where the disturbed area is less than five (5 )acres.
      (3)   Silviculture Disturbances
      (4)   Agricultural Disturbances.
      (5)   Construction related to oil and gas well exploration.
   (c)   The following type of maintenance projects are exempt from full sediment and erosion control measure requirements but shall stabilize the disturbed area(s) within 21 days of construction completion:
      (1)   Replacement of utility services (water service, sanitary or storm lateral, gas service, etc) to an existing building where the disturbed area is limited to a standard trench width necessary to replace the underground utility services.
      (2)   Replacement of sidewalk, driveways, driveway aprons where the disturbed area is less than one acre.
      (3)   Demolition of small structures such as single family homes, garages, shed, etc. that have a disturbed area less than a one acre.
   (d)   For developments which require the use of centralized sediment and erosion controls (i.e. controls that address storm water runoff from one or more lots) for which the current permittee intends to terminate responsibilities under their permit for a lot after sale of the lot to a new owner and such termination will either prevent or impair the implementation of the controls and therefore jeopardize compliance with the terms and conditions of this permit, the permittee will be required to maintain responsibility of the implementation of those controls.  For developments where this is not the case, it is the permittee's responsibility to temporarily stabilize all lots sold to individual lot owners.  In cases where permit responsibilities for individual lot(s) will be terminated after sale of the lot, the permittee shall inform the individual lot owner of the obligations under the permit.
(Ord. 2017-17.  Passed 3-15-17.)