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§ 153.01 PURPOSE.
   The purpose of this chapter 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 land disturbing activities from being transported off-site to adjacent public or private lands including ditches, streams, lakes, wetlands, and reservoirs.
(Ord. 1997-5, passed - -1997)
§ 153.02 SCOPE.
   (A)   This chapter applies to all land disturbing activities on land within the boundaries and jurisdiction of the County Area Planning Commission, hereafter referred to as the “jurisdiction”. Agricultural land disturbing activities, as defined § 153.03, are exempted from the requirements of this chapter.
   (B)   This chapter applies to those sites requiring an improvement location permit.
   (C)   This chapter does not preclude the applicable from acquiring any other necessary local, state, and federal permits.
(Ord. 1997-5, passed - -1997)
§ 153.03 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AGRICULTURAL LAND DISTURBING ACTIVITIES. The disturbance 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 does not include the construction of farm facilities such as dwellings, barns, sheds, or other structures.
   EROSION. The detachment and movement of soil, sediment, or rock fragments by water, wind,
ice, or gravity.
   EROSION CONTROL MEASURE. A practice, or a combination of practices, to control erosion and resulting sedimentation.
   LAND DISTURBING ACTIVITY. Any human-made change of the land surface, including removing vegetative cover, excavating, filling, transporting, and grading.
   RUNOFF. The portion of precipitation from such sources as rainfall, snow melt, or irrigation water that flows over the ground surface.
   SITE. The entire area included in the legal description of the land on which land disturbing activity has been conducted.
(Ord. 1997-5, passed - -1997)
§ 153.04 GENERAL PRINCIPLES.
   The following principles apply to all land disturbing activities within the jurisdiction.
   (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)   Provision 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 control.
(Ord. 1997-5, passed - -1997)
§ 153.05 STANDARDS.
   All erosion control measures including, but not limited to, those required to comply with this chapter shall meet the design criteria, standards, and specifications for erosion control measures similar to or the same as those outlined in the state’s Handbook for Erosion Control in Developing Areas, published by the state’s Department of Natural Resources.
(Ord. 1997-5, passed - -1997)
§ 153.06 CONTROL REQUIREMENTS.
   (A)   The following requirements shall be met on all sites.
      (1)   Sediment-laden water flowing from the site shall be detained by erosion control measures appropriate to minimize sedimentation.
      (2)   Water shall not be discharged in a manner that causes erosion at, or downstream of, the point of discharge.
      (3)   All access to building sites that cross a natural watercourse, drainage easement, or swale/channel shall have a culvert of appropriate size.
      (4)   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.
      (5)   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.
      (6)   Public or private roadways shall be kept cleared of accumulated sediment. Bulk clearing of sediment shall not include flushing the area with water.
      (7)   All storm drain inlets shall be protected against sedimentation with barriers meeting accepted criteria, standards, and specifications.
      (8)   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.
      (9)   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.
      (10)   Appropriate sediment control practices shall be installed prior to any land disturbances, and thereafter, whenever necessary.
   (B)   During the period of construction activity at a site, erosion control measures necessary to meet the requirements of this chapter shall be maintained.
(Ord. 1997-5, passed - -1997)
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