The intent of this ordinance is the control of soil erosion and sedimentation caused by land disturbing activities within Marshall County. Measures taken to control erosion and sedimentation should assure that sediment is not transported from a site by storm events or construction activities.
1. AUTHORITY
This ordinance is adopted under the authority granted by I.C. 36-1-4-11, I.C. 36-7-4 and all acts supplemental and mandatory thereto. This authority provides for the administration, enforcement, and amendment of this ordinance for controlling soil erosion within Marshall County.
2. FINDINGS AND PURPOSE
A. Soil erosion resulting from land disturbing activities causes a significant amount of sediment and other pollutants to be transported off-site to locations including ditches, streams, wetlands, lakes, and reservoirs.
B. The purpose of this ordinance is to conserve the natural resources; to protect the quality of air and water, and to protect and promote the health, safety, and welfare of people to the extent practicable by minimizing the amount of sediment and other pollutants, resulting from soil erosion due to and disturbing activities, from being transported off-site to adjacent public or private lands including ditches, streams, lakes, wetlands, and reservoirs.
3. APPLICABILITY
The ordinance applies to all land disturbing activities on land within the boundaries and jurisdiction of Marshall County unless superseded by local city or town ordinance. Agricultural Land Disturbing Activities as defined in § 5, and Soil & Water. Conservation projects, implemented through the Marshall County Soil and Water Conservation District and the Marshall County Surveyor’s Office, are exempt from the requirements of this ordinance.
This section applies to the following sites with land disturbing activities:
A. Those requiring a minor or major subdivision plat approval or local improvement location permit for the construction of commercial, residential, industrial or institutional buildings on lots of approved subdivision plats;
B. Those involving grading, removal of protective ground cover or vegetation, excavation, land filling or other land disturbing activity affecting a surface area of 10,000 square feet or more;
C. Those involving excavation, filling or a combination of excavation and filling affecting 1,000 cubic yards or more of soil, sand, gravel, stone or other material.
This ordinance does not preclude the applicant from acquiring any other necessary local, state, and federal permits.
4. CONFLICTING ORDINANCES/REQUIREMENTS
The provisions of this ordinance shall be deemed as additional requirements to minimum standards required by the Indiana General Permit Rule for Stormwater Runoff Associated With Construction Activity (Rule 5), 327 I.A.C. 15-5 (or most recent revision). In case of conflicting requirements, the most restrictive shall apply.
5. DEFINITIONS
Administering authority means the designated unit of government given the authority to issue permits.
Agricultural land disturbing activities means the disturbance of land, including the clearing of land, for the production of animal or plant life, including forestry, pasturing of livestock, and planting, growing, cultivating, and harvesting crops for human or livestock consumption. This also includes the construction of farm facilities such as dwellings, barns, sheds or other structures.
Erosion means the detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity.
Erosion control measure means a practice or a combination of practices to control erosion and resulting sedimentation.
Erosion control plan means a written description of pertinent information concerning erosion control measures designed to meet the requirements of this ordinance.
Land disturbing activity means any man-made change of the land surface, including removing vegetative cover, excavating, filling, transporting, and grading.
Runoff means waters derived from melting snow or rain falling within a tributary drainage basin that exceed the infiltration capacity of the soils of that basin, flow over the surface of the ground, or are collected in channels or conduits.
Site means the entire area included in the legal description of the land on which land disturbing activity has been proposed in the permit application.
SWCD means Soil and Water Conservation District, a subdivision of state government charged with the responsibility of establishing programs and setting policy to protect the natural resources with Marshall County boundaries.
6. GENERAL PRINCIPLES
The following principles apply to all land disturbing activities subject to this ordinance.
A. To minimize the potential for soil erosion, development should fit the topography and soils of the site. Areas with steep slopes where deep cuts and fills may be required should be avoided wherever possible, and natural contours should be followed as closely as possible.
B. Natural vegetation should be retained and protected wherever possible. Areas immediately adjacent to watercourses and lakes also should be left undisturbed wherever possible.
C. All activities on a site should be conducted in a logical sequence so that the smallest practical area of land will be exposed for the shortest practical period of time during development.
D. Provisions should be made to accommodate the increased runoff caused by changed soil and surface conditions (impervious areas) during and after development.
E. Minimize the length and steepness of slopes to reduce erosion potential.
7. DESIGN CRITERIA, STANDARDS AND SPECIFICATIONS FOR EROSION CONTROL MEASURES
All erosion control measures, including, but not limited to those required to comply with this ordinance shall meet the design criteria, standards, and specifications for erosion control measures similar to or the same as those outlined in the Indiana Handbook for Erosion Control in Developing Areas published by the State Department of Natural Resources.
8. EROSION AND SEDIMENT CONTROL REQUIREMENTS
The following requirements shall govern erosion and sediment control practices on all sites:
A. Sediment-laden water flowing from the site shall be detained by erosion control measures appropriate to minimize sedimentation.
B. Water shall not be discharged in a manner that causes erosion at or downstream of the point of discharge.
C. All access to building sites that cross a natural watercourse, drainage easement, or swale/channel shall have a culvert of appropriate size.
D. Wastes or unused building materials, including, but not limited to, garbage, debris, cleaning wastes, wastewater, toxic materials, and hazardous substances, shall not be carried by runoff from a site. All wastes shall be disposed of in a proper manner.
E. Sediment being tracked from a site onto public or private roadways shall be minimized. This can be accomplished initially by a temporary gravel construction entrance, in addition to a well planned layout of roads, access drives, and parking areas.
F. Public or private roadways shall be kept cleared of accumulated sediment. Bulk clearing of sediment shall not include flushing the area with water.
G. All storm drain inlets shall be protected against sedimentation with barriers meeting accepted criteria, standards, and specifications.
H. Runoff passing through a site from adjacent areas shall be controlled by diverting it around disturbed areas, where practical. Diverted runoff shall be conveyed in a manner that will not erode the channel and receiving areas. Alternatively, the existing channel may be left undisturbed or improved to prevent erosion or sedimentation from occurring.
I. Drainage ways and swales shall be designed and adequately protected so that their final gradients and resultant velocities will not cause channel or outlet scouring.
J. All disturbed ground left inactive for fourteen (14) or more days shall be stabilized by seeding, sodding, mulching, covering, or by other equivalent erosion control measures.
K. Appropriate sediment control practices shall be installed prior to any land disturbance and thereafter whenever necessary.
L. During the period of construction activity at a site, erosion control measures necessary to meet the requirements of this ordinance shall be maintained by the applicant.
9. EROSION AND SEDIMENT CONTROL ON PROJECTS THAT DISTURB LESS THAN ONE (1) ACRE
Although individual lots within a larger development may not appear to contribute as much sediment as the overall development, the cumulative effect of lot development is of concern. From the time construction on an individual lot begins, until the individual lot is stabilized, the builder must take steps to:
(A) protect adjacent properties from sedimentation
(B) prevent mud/sediment from depositing on the street
(C) protect drainageways from erosion and sedimentation
(D) prevent sediment laden water from entering storm sewer inlets
The standard plan includes perimeter silt fence, stabilized construction entrance, curb inlet protection, drop inlet protection, stockpile containment, stabilized drainage swales, downspout extensions, temporary seeding and mulching, and permanent vegetation. Every relevant measure should be installed at each individual lot site.
All erosion and sediment control measures must be properly maintained throughout construction. Temporary and permanent seeding should be watered as needed until established. For further information on individual lot erosion and sediment control, see the State Department of Natural Resources, Division of Soil Conservation’s pamphlet titled “Erosion and Sediment Control for Individual Building Sites.”
(Ord. 2011-03, passed 4-4-2011)