(A) No zoning, special use, or conditional use permit may be issued and final plat approval for subdivisions may not be given with respect to any development that would cause land disturbing activity subject to the jurisdiction of the state’s Division of Environmental Management Land Quality Section unless the state’s land quality office certifies to the town that either:
(1) An erosion control plan has been submitted to and approved by the land quality office; or
(2) The land quality office has examined the preliminary plans for the development and it reasonably appears that an erosion control plan can be approved upon submission by the developer of more detailed construction or design drawings; however, in this case, construction of the development may not begin (and no building permits may be issued) until the land quality office approves the erosion control plan.
(B) For purposes of this section, land disturbing activity means the clearing and grading of one contiguous acre of land for use by any person in residential, industrial, educational, institutional, or commercial development, and highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. Sedimentation occurs whenever solid particulate matter, mineral or organic, is transported by water, air, gravity, or ice from the site of its origin.
(Ord. passed 12-20-2001) Penalty, see § 152.999