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For the purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CERTIFIED CONTRACTOR. A person who has received training and is licensed by IDEM to inspect and maintain erosion and sediment control practices.
CLEARING. Any activity that removes the vegetative surface cover.
DRAINAGE WAY. Any channel that conveys surface runoff throughout the site.
EROSION CONTROL. A measure that prevents erosion.
EROSION AND SEDIMENT CONTROL PLAN. A set of plans prepared by or under the direction of a licensed professional engineer indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction.
GRADING. Excavation or fill of material, including the resulting conditions thereof.
PERIMETER CONTROL. A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
PHASING. Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next.
SEDIMENT CONTROL. Measures that prevent eroded sediment from leaving the site.
SITE. A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation.
SITE DEVELOPMENT PERMIT. A permit issued by the municipality for the construction or alteration of ground improvements and structures for the control of erosion, runoff, and grading.
STABILIZATION. The use of practices that prevent exposed soil from eroding.
START OF CONSTRUCTION. The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, and filling; installation of streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
WATERCOURSE. Any body of water, including, but not limited to lakes, ponds, rivers, streams, and bodies of water delineated by the town.
WATERWAY. A channel that directs surface runoff to a watercourse or to the public storm drain.
(Ord. 2006-9, passed 11-27-06)
(A) No person shall be granted a site development permit for land-disturbing activity that would require the uncovering of one acre or more without the approval of an Erosion and Sediment Control Plan by the town.
(B) No site development permit is required for the following activities:
(1) Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
(2) Existing nursery and agricultural operations conducted as a permitted main or accessory use.
(C) Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm and shall be accompanied by a filing fee of $200.
(D) Each application shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the Erosion and Sediment Control Plan and that a certified contractor shall be on site on all days when construction or grading activity takes place.
(E) The applicant will be required to file with the town a faithful performance bond, letter of credit, or other improvement security in an amount deemed sufficient by the town to cover all costs of improvements, landscaping, maintenance of improvements for such period as specified by the town, and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site.
(Ord. 2006-9, passed 11-27-06)
(A) The town will review each application for a site development permit to determine its conformance with the provisions of this regulation. Within 30 days after receiving an application, the town shall, in writing:
(1) Approve the permit application;
(2) Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or
(3) Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised application and/or submission.
(B) Failure of the town to act on an original or revised application within 30 days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the town. Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the town.
(Ord. 2006-9, passed 11-27-06)
(A) The Erosion and Sediment Control Plan shall include the following:
(1) A natural resources map identifying soils, forest cover, and resources protected under other chapters of this code.
(2) A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation.
(3) All erosion and sediment control measures necessary to meet the objectives of this local regulation throughout all phases of construction and after completion of development of the site. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season.
(4) Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures.
(5) Provisions for maintenance of control facilities, including easements and estimates of the cost of maintenance.
(B) Modifications to the plan shall be processed and approved or disapproved in the same manner as § 159.04, may be authorized by the town by written authorization to the permittee, and shall include:
(1) Major amendments of the erosion and sediment control plan submitted to the town; and
(2) Field modifications of a minor nature.
(Ord. 2006-9, passed 11-27-06)
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