§ 151.084 FINAL STABILIZATION.
   (A)   All soil disturbing activities at the site have been completed and either of the two following criteria are met:
      (1)   Uniform (for example, evenly distributed, without large bare areas) perennial vegetative cover with a density of 70% of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures; or
      (2)   Equivalent permanent stabilization measures (such as the use of riprap, retaining walls, or geotextiles) have been employed.
   (B)   When background native vegetation naturally covers less than 100% of the ground, the 70% coverage criteria is adjusted as follows: 70% of the total area covered by native vegetation must have total cover for final stabilization. For example, if native vegetation covers 50% of the ground, 35% would require total cover for final stabilization. In an area where limited vegetation is naturally found, less stabilization will be required.
   (C)   For individual lots in residential construction, FINAL STABILIZATION means either:
      (1)   The property owner/contractor has completed final stabilization as specified in this section under division (A) above; or
      (2)   The property owner/contractor has established adequate temporary stabilization including perimeter controls for an individual lot prior to the occupation of the property by the new property owner(s) and has informed the property owner(s) of the need for, and the benefits of, final stabilization. A signed “Notice of Stabilization/Re-Vegetation Agreement” form will acknowledge the landscaping requirements of the new owner.
   (D)   For construction projects on land used for agricultural purposes (for example, pipelines across crop or range land, staging areas for road construction, and the like), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to a watercourse and areas which are not being returned to their preconstruction agricultural use, must meet the final stabilization criteria in divisions (A) or (B) above.
   (E)   Final stabilization must be completed on or before October 31 of the year following the certificate of occupancy, final inspection, or project completion, whichever occurs sooner.
(Ord. 2022-01, passed 2-7-2022)