§ 152.102  CONTROL OF EROSION AND SEDIMENT DURING LAND DISTURBING ACTIVITIES.
   Control of erosion and sediment is the responsibility of an applicant. Applicability and requirements are defined as follows:
   (A)   Applicability. This section applies to the following sites with land disturbing activities:
      (1)   Those requiring a subdivision plat approval or local improvement location permit for the construction of commercial, residential, or institutional buildings on lots of approved subdivision plats;
      (2)   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;
      (3)   Those involving excavation, filling, or a combination both affecting 400 cubic yards or more of soil, sand, gravel, stone, or other material;
      (4)   Those involving street, highway, road, or bridge construction, enlargement, relocation, or reconstruction; and
      (5)   Those involving the laying, repairing, replacing, or enlarging of an underground pipe or utility for a distance of 300 feet or more.
   (B)   Erosion and other sediment control requirements. The following requirements shall be met on all sites.
      (1)   Site drainage. Sediment-laden water flowing from the site shall be detained by temporary sediment basins. Also, water shall not be discharged in a manner that causes erosion in the receiving channel.
      (2)   Tracking. Sediment being tracked from a site onto public or private roadways shall be minimized. This can be accomplished initially by a well planned layout of roads, access drives, and parking areas of sufficient width and length. However, protective covering also may be necessary.
      (3)   Sediment removal. Public or private roadways shall be kept cleared of accumulated sediment. If appreciable sedimentation occurs after a storm event, the sediment shall be deposited on the parcels of land, if in the site, from where it likely originated.
      (4)   Drain inlet protection. All storm drain inlets shall be protected against sedimentation with straw bales, filter fabric, or equivalent barriers meeting accepted design criteria, standards, and specifications.
      (5)   Site erosion control. The following items apply only to the time period when land disturbing activities are taking place.
         (a)   Runoff passing through a site from adjacent areas shall be controlled by diverting it around disturbed areas. Alternatively, the existing channel may be improved to prevent erosion or sedimentation from occurring.
         (b)   Runoff from a disturbed area shall be controlled by one or more of the following measures.
            1.   Barring unforeseeable weather conditions, all disturbed ground left inactive for seven or more days shall be stabilized prior to insert applicable date here, by seeding, sodding, mulching, covering, or by other equivalent erosion control measures.
            2.   With disturbed areas within a site of ten acres or more, where drainage is in the same direction or where runoff will result in loss of soil, an abatement or recovery program is required. Where feasible, one or more sediment basins shall be constructed. Each sediment basin shall have a depth of at least three feet and have sufficient surface area to trap the sediment. The size of sedimentation basin should be at least 1% of its drainage area. Sediment shall be removed from time to time to maintain a minimum three-foot depth. When the disturbed area is stabilized, the sediment basin can be removed. However, if erosion is likely to continue, the sediment basin shall be maintained by the existing or subsequent landowners. The discharge rate from a sediment basin shall not cause scouring in the receiving channel.
            3.   With disturbed areas within a site of less than ten acres, filter fences, straw bales, or equivalent erosion control measure, placed along all sideslope and downslope sides of the site, shall be required. Also, if concentrated runoff passes through the site, filter fences shall be placed along the edges of the concentrated flow area to reduce the amount of sediment removed from the site. However, if these measures are not sufficient to control off-site sedimentation, a sediment basin may still be required.
         (c)   Erosion from all soil storage piles shall be controlled by placing straw bales, filter fence, or other appropriate barriers around the piles. Adjacent storm drain inlets shall be protected using similar filter barriers. Moreover, any soil storage pile containing more than ten cubic yards of material shall be located at least 25 feet upslope from a roadway or a drainage channel. Furthermore, if remaining in existence for more than seven days, the storage pile shall a stabilized by mulching, vegetative cover, tarps, or other means. Storage piles containing less than ten cubic yards of material may be located closer than 25 feet to a roadway or a drainage channel but shall be covered with tarps or a suitable alternative if in existence for less than seven days. However, if a pile is in existence for more than seven days, barriers also shall be placed around the pile.
(Ord. 172, § 9-300, passed 4-5-90)  Penalty, see § 152.999