No land-disturbing activity subject to the control of this chapter shall be undertaken except in accordance with the following mandatory standards:
(A) Buffer zone.
(1) No land-disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within the 25% of the buffer zone nearest the land disturbing activity. The minimum width of the buffer zone shall not be less than ten feet. Visible siltation must not discharge through the buffer zone. This subdivision shall not apply to a land disturbing activity in connection with the construction of facilities to be located on, over, or under a lake or natural watercourse.
(2) Unless otherwise provided, the width of a buffer zone begins and is measured at least ten feet from the edge of the top of the bank of the watercourse to the nearest edge of the disturbed area with the 25% of the strip nearer the land-disturbing activity containing natural and or artificial means of confining visible siltation. Natural or artificial means of confining visible siltation must be placed, constructed or installed outside the undisturbed buffer zone.
(B) Graded slopes and fills. The angle for graded slopes and fills shall be no greater than the angle that can be retained by vegetative cover or other adequate erosion control devices or structures. In any event, slopes left exposed will, within 21 calendar days of completion of any phase of grading, be planted or otherwise provided with temporary or permanent ground cover, devices, or structures sufficient to restrain erosion.
(C) Fill material. Unless a permit from the Department's Division of Waste Management to operate a landfill is on file for the official site, acceptable fill material shall be free of organic or other degradable materials, masonry, concrete and brick in sizes exceeding 12 inches, and any materials which would cause the site to be regulated as a landfill by the state.
(D) Ground cover. Whenever land-disturbing activity that will disturb one or more acres is undertaken on a tract the person conducting the land-disturbing activity shall install such sedimentation and erosion control devices and practices as are sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the tract during construction upon and development of the tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development. Provisions for a ground cover sufficient to restrain erosion must be accomplished within 15 working days or 60 calendar days, following completion of construction or development.
(E) Prior plan approval. No person shall initiate any land-disturbing activity that will disturb one or more acres on a tract unless, 30 or more days prior to initiating the activity, a plan for the activity is filed with the Kings Mountain Stormwater Division. Should the plan be filed, approved and a certificate of approved plan issued in less than 30 days from the filing of the plan, the land-disturbing activity may commence.
(F) Plan compliance. The land-disturbing activity shall be conducted in accordance with the approved erosion and sedimentation control plan.
(G) Self-inspections. The person(s) conducting land-disturbing activity shall perform an inspection of the area covered by the plan after each phase of the plan has been completed and after establishment of temporary ground cover. Such inspection reports shall be maintained and made available on-site. Any deviation from the plan shall be documented. Records shall be maintained until permanent groundcover has been established.
(H) The person(s) (developer or other person who has or holds himself out as having financial or operational control over the land-disturbing activity) conducting land disturbing activity or an agent of that party shall contact the Stormwater Division at least 48 hours before commencement of the land-disturbing activity.
(I) The Stormwater Division may require an onsite meeting with the person(s) conducting land-disturbing activity, or an agent of that party, to review and discuss the approved plan before commencement of the land-disturbing activity.
(Ord. 13-34, passed 11-26-2013)