It is imperative that silt fences be erected and duly maintained to prevent erosion and silting of drainage structures during or incidental to construction or change in grade of property. Whenever a silt fence is required by this code or other applicable governmental law or regulation or by the village engineer or building inspector, it shall be the duty of the contractor and property owner, jointly and severally, to erect and thereafter maintain in good repair a silt fence in the location as directed by a village official subject to the following standards and conditions: (Ord. 2005-673, 5-3-2005)
A. Bond: A one thousand dollar ($1,000.00) silt fence bond shall be paid prior to the commencement of construction. The bond shall be refunded to the person depositing the funds at such time as construction has been completed and the village has determined that a silt fence is no longer required less the sum of one hundred dollars ($100.00) per day for each day the village determines the silt fence has not been erected or suitably maintained. Any unreturned silt fence bond remaining after one year from the date of issuance of any certificate of occupancy shall be forfeited to the village and credited to its general corporate fund account. (Ord. 2014-939, 12-2-2014)
B. Fee: The property owner and contractor shall be jointly and severally liable to pay a fee of one hundred dollars ($100.00) per day for each day the village determines the fence has not been duly erected or maintained. The fees shall be deducted from the above described bond and in the event the bond is insufficient the property owner and contractor shall be jointly and severally responsible to promptly pay the remaining fee balance within three (3) days of written notice from the village.
C. Applicability: This section shall apply to all existing and subsequent construction activities or changes in property grade.
D. Professional Expenses: In the event that the village incurs professional expenses as a result of the failure to erect or suitably maintain the required silt fences, the property owner and contractor shall be jointly and severally responsible and promptly reimburse the village within three (3) days of written notice from the village for all professional expenses incurred by the village such as, but not limited to, engineering fees.
E. Penalty: Separate and apart from and in addition to the daily fees and bond prescribed herein, any person who violates the terms of this section governing silt fences shall be subject to the penalties provided in section 1-4-1 of this code and a separate offense shall be deemed committed for each day a violation occurs or continues.
F. Occupancy Permit: No occupancy permit shall be issued unless and until all fees, fines, and related professional expenses have been paid in full.
G. Maintenance: Silt fences and filter barriers shall be inspected immediately after each rainfall and at least daily during prolonged rainfall. Any required repairs shall be made immediately. Should the fabric on a silt fence or filter barrier decompose or become ineffective, the fabric shall be replaced promptly. Sediment deposits must be removed when deposits reach approximately one-half (1/2) the height of the barrier. Any sediment deposits remaining in place after the silt fence or filter barrier is no longer required shall be shaped to conform with the existing grade and be seeded.
H. Standards: The height of a silt fence shall not exceed thirty six inches (36"). The filter fabric shall be purchased in a continuous roll and cut to the length of the barrier to avoid the use of joints. When joints are necessary, filter cloth shall be spliced together only at a support post, with a minimum six inch (6") overlap, and securely sealed. Posts shall be twisted together to form a continuous barrier. No spaces shall exist. Posts shall be spaced a maximum of six feet (6') apart at the barrier location and driven securely into the ground (minimum of 12 inches). When standard strength filter fabric is used, wire mesh support fence shall be fastened securely to the downslope side of the posts using heavy duty staples at least one inch (1") long, tie wires or hog rings. The wire shall extend into the trench a minimum of two inches (2") and shall not extend more than thirty six inches (36") above the original ground surface. Lathe must be stapled to the up slope side of the post to help secure the filter fabric to the post. The standard strength filter fabric shall be stapled or wired to the fences, and eight inches (8") of the fabric shall be extended into the trench. The fabric shall not extend more than thirty six inches (36") above the original ground surface. Filter fabric shall not be stapled to existing trees. Lathe must be stapled to the up slope side of the post to help secure the filter fabric to the post. When extra strength filter fabric and closer post spacing are used, the wire mesh support fence may be eliminated. In such a case, the filter fabric is stapled or wired directly to the posts. Each silt fence shall meet the following additional standards and be constructed as follows:
(Ord. 2005-673, 5-3-2005)