The purpose of this Article is to set forth procedures for controlling erosion and sedimentation caused by land disturbance activities.

(Code 2019)

(a)   Best Management Practices, BMPs - Physical facilities, schedules of activities, prohibitions of practices, maintenance procedures, and other management practices which, when properly designed, installed and maintained, will be effective to prevent or reduce the discharge of water and/or air pollution associated with land disturbance activities as stated in this Article.

(b)   Erosion - The wearing away of land by the action of wind, water, gravity or ice or a combination thereof.

(c)   Land Disturbance - Any activity that changes the physical conditions of landform, vegetation and hydrology, creates bare soil, or otherwise may cause erosion or sedimentation. Such activities include, but are not limited to, clearing, removal of vegetation, stripping, grading, grubbing, excavating, filling, logging and storing of materials.

(d)   Perennial Vegetation - Grass or other appropriate natural growing vegetation that provides substantial land cover, erosion protection and soil stability and that is capable of sustained and healthy growth over multiple years under the constraints of shade, temperature, and moisture that will be prevalent on the site. For the purposes of this Article, annual grasses that do not regenerate after winter, ornamental plants or shrubs that do not offer effective erosion and sediment protection, and plants that are not suitable for the expected growing conditions on the site shall not be considered Perennial Vegetation.

(e)   Person - Any individual, business, partnership, corporation, association, organization or legal entity of any kind including governmental entities.

(f)   Sediment - Any solid material, organic, or inorganic, that has been deposited in water, is in suspension in water, is being transported or has been removed from its site of origin by wind, water, ice or gravity as result of soil erosion. Sedimentation is the process by which eroded material is transported and deposited by the action of wind, water, ice or gravity.

(g)   Storm Sewer System – Any conveyance or system of conveyances for storm water, including road with drainage systems, streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains.

(Code 2019)

(a)   Any person who has previously, is currently, or is planning to undertake land disturbance activities, including the clearing, grading, excavating, filling, storing, and disposing of soil and earth materials, shall comply with the requirements and standards set forth in this section.

(b)   Responsible Person(s). The responsible person(s) are the owner of the property upon which a land disturbance takes place and any person(s) performing a land disturbance activity.

(c)   Applicability. Regardless of whether a land disturbance activity requires a permit, any person engaged in any land disturbance activity shall comply with the provisions set forth in this code. At a minimum, such persons shall employ BPM methods for erosion and sediment control in proportion to the scale of the activity to reduce the amount of sediment or other pollutants in stormwater discharges associated with those activities.

(d)   Time Requirement. Stabilization of disturbed areas must, at a minimum, be initiated immediately whenever any clearing, grading, excavating, or other soil disturbing activities have permanently ceased on any portion of the site, or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days. The disturbed areas shall be protected from erosion by stabilizing the area with mulch or other similarly effective soil stabilizing BMPs. Initial stabilization activities must be completed within 14 days after soil disturbing activities cease.

(e)   Disturbed areas that exhibit ice, frozen soil conditions, or have a consistent snow cover extending across seventy-five (75%) percent or more of the area considered to be temporarily stabilized until thawing occurs across the affected area. Stabilization of such iced, frozen or snow-covered areas must be completed within 14 days following the affected area being thawed and no longer stabilized due to ice, frozen soil conditions or snow cover.

(f)   Closure of Land Disturbance Activities. Erosion and sediment control measures shall be put in place as needed and shall remain in place until perennial vegetation, pavement, buildings or structures using permanent materials, cover all areas that have been disturbed. Permeable surfaces in the open space and landscape shall include ground cover to prevent dust and soil erosion, with turf, or native grass. Perennial vegetation shall be considered established and completed for stabilization when it has established a healthy and growing stand with a density of at least seventy-five (75%) percent of undisturbed areas at the site.

(Code 2019)

Failure to comply to the provision of this article is considered a nuisance and upon the failure or neglect of the responsible person(s) of land disruption activities, or of any person, firm, or corporation assisting in the work of land disruption activities to fully comply with the provisions of this article, the Governing Body may cause all work to be done necessary for compliance under this article or the articles set forth in Chapter IV.

(Code 2019)