(A) A person engaged in a development activity that will disturb land must submit a sedimentation control plan and time schedule that will prevent excessive soil loss or sediment from damaging adjacent land, bodies of water, watercourses, or wetlands to the city or its agent for approval.
(B) A sedimentation control plan and time schedule must specify how the movement of soil and damage to other lands and regions will be minimized during the construction process. These methods include, but are not limited to, the use of temporary and permanent seedings, fabric, plastic, or straw barriers, mulch, sediment control basins, or other conservation practices adequate to prevent erosion and sediment damage. A sedimentation control plan is not required for the following development activities:
(1) Minor land disturbance activities such as home gardens and individual home landscaping, repairs, and maintenance work;
(2) Construction, installation, or maintenance of electric and telephone utility lines or individual service connection to the utility lines;
(3) Septic tank lines or drainage field unless included in an overall plan for a land development activity relating to construction of a building to be served by the septic tank system;
(4) Preparation for single-family residences separately built, greater than 1,000 feet from Halfbreed Lake (Sylvan Lake), Bone Lake, Goose Lake, and Big Marine Lake, unless in conjunction with multiple construction in subdivision development;
(5) Disturbance of land areas less than 10,000 square feet for commercial or noncommercial uses, except that the governing body of the local unit of government may reduce this exception to a smaller area of disturbed land or quality the conditions under which this exception applies;
(6) Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles; and
(7) Emergency work and repairs to protect life, limb, or property.
(C) (1) The following must be addressed in developing and implementing a sedimentation control plan:
(a) Stabilization of denuded areas and stockpiles;
(b) Establishment of permanent vegetation;
(c) Protection of adjacent areas;
(d) Timing and stabilization of sediment trapping measures;
(e) Use of sediment basins;
(f) Stabilization of cut and fill slopes;
(g) Stormwater management for controlling off-site erosion;
(h) Stabilization of waterways and outlets;
(i) Storm sewer inlet protection;
(j) Working in or crossing water bodies;
(k) Underground utility construction;
(l) Construction of access roads;
(m) Disposition of all temporary measures; and
(n) Maintenance of all temporary and permanent urban conservation practices.
(2) The time schedule accompanying the sedimentation control plan must establish deadlines for the implementation and completion of each phase or element of the sedimentation control plan.
(D) The state’s Construction Site Erosion and Sediment Control Planning Handbook shall be the minimum planning standard for a sedimentation control plan. Any other procedures must be approved by the local unit of government and the district prior to its use.
(E) Any conservation practice developed for the sedimentation control plan may not be located in violation of any existing ordinance the city is currently enforcing.
(F) (1) The city may appoint the Zoning or Planning Director, Building Inspector, engineer, or district to review the sedimentation control plan and time schedule. The city must forward the sedimentation control plan and time schedule to the appointed reviewer within seven days of receiving the sedimentation control plan and time schedule from the land occupier.
(2) The appointed reviewer must review the sedimentation control plan and time schedule within 21 days of receiving the plan from the city. The city shall notify the land occupier of its decision after receipt of the comments from the reviewer and no more than 28 days after receiving the sedimentation control plan and time schedule form the land occupier.
(G) (1) If the reviewer determines that the sedimentation control plan and time schedule will control sedimentation, the city shall issue a permit that authorizes the development activity contingent upon the implementation and completion of the sedimentation control plan.
(2) If the reviewer determines that the sedimentation control plan and time schedule do not control sedimentation, the city shall not issue a permit for the development activity. The sedimentation control plan and time schedule shall be re-submitted for approval before the development activity begins.
(Ord. 30, passed 1-20-1990) Penalty, see § 150.99