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§ 159.05 EROSION AND SEDIMENT CONTROL PLAN.
    (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)
§ 159.06 DESIGN REQUIREMENTS.
   (A)   Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the most recent version of Indiana Stormwater Quality Handbook, as amended, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the town. Cut and fill slopes shall be no greater than 2:1, except as approved by the town to meet other community or environmental objectives.
   (B)   Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other chapters of this code. Clearing techniques that retain natural vegetation and drainage patterns, as described in Indiana Stormwater Quality Handbook, as amended, shall be used to the satisfaction of the town. Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.
   (C)   Phasing shall be required on all sites disturbing greater than 30 acres, with the size of each phase to be established at plan review and as approved by the town
   (D)   Erosion control requirements shall include the following:
      (1)   Soil stabilization shall be completed within five days of clearing or inactivity in construction.
      (2)   If seeding or another vegetative erosion control method is used, it shall become established within two weeks or the town may require the site to be reseeded or a nonvegetative option employed.
      (3)   Special techniques that meet the design criteria outlined in Indiana Stormwater Quality Handbook, as amended, on steep slopes or in drainage ways shall be used to ensure stabilization.
      (4)   Soil stockpiles must be stabilized or covered at the end of each workday.
      (5)   The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season.
      (6)   Techniques shall be employed to prevent the blowing of dust or sediment from the site.
      (7)   Techniques that divert upland runoff past disturbed slopes shall be employed.
   (E)   Sediment controls requirements shall include:
      (1)   Settling basins, sediment traps, or tanks and perimeter controls.
      (2)   Settling basins that are designed in a manner that allows adaptation to provide long term stormwater management, if required by the town.
      (3)   Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls.
   (F)   Waterway and watercourse protection requirements shall include:
      (1)   A temporary stream crossing installed and approved by IDEM if a wet watercourse will be crossed regularly during construction.
      (2)   Stabilization of the watercourse channel before, during, and after any in-channel work.
      (3)   All on-site stormwater conveyance channels designed according to the criteria outlined in Indiana Stormwater Quality Handbook, as amended.
      (4)   Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels.
   (G)   Construction site access requirements shall include:
      (1)   A temporary access road provided at all sites.
      (2)   Other measures required by the town in order to ensure that sediment is not tracked onto public streets by construction vehicles or washed into storm drains.
(Ord. 2006-9, passed 11-27-06)
§ 159.07 INSPECTION.
   (A)   The town or designated agent shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the Erosion and Sediment Control Plan as approved. Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the town shall be maintained at the site during the progress of the work. To obtain inspections, the permittee shall notify the Town at least two working days before the following:
      (1)   Start of construction.
      (2)   Installation of sediment and erosion measures.
      (3)   Completion of site clearing.
      (4)   Completion of rough grading.
      (5)   Completion of final grading.
      (6)   Close of the construction season.
      (7)   Completion of final landscaping.
   (B)   The permittee or his or her agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved Erosion and Sediment Control Plan(s). The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form and submitted to the town at the time interval specified in the approved permit.
   (C)   The town or its designated agent shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under division (B).
(Ord. 2006-9, passed 11-27-06)
§ 159.08 ENFORCEMENT.
   (A)   Stop-work order; revocation of permit. In the event that any person holding a site development permit pursuant to this chapter violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the town may suspend or revoke the site development permit.
   (B)   Violation. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this chapter.
(Ord. 2006-9, passed 11-27-06)
§ 159.99 PENALTY.
   Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this chapter is committed, continued, or permitted, shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine of not less than $100 and not more than $5,000 for each offense. The town may additionally recover costs from the alleged person violating this chapter for any state or federal penalties incurred by the town as a result of the alleged person's actions. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this chapter shall be required to bear the expense of such restoration.
(Ord. 2006-9, passed 11-27-06)