§ 26C-383. Erosion control.

(a)

Grading.

All section references in this section refer to the "Erosion and Sediment Control Handbook" adopted by reference herein.

(1)

Except as indicated below, no person shall commence or perform any grading or filling or clearing of vegetation without having first obtained a grading permit:

a.

The excavation does not exceed four feet (4′) in vertical depth at its deepest point measured from the original surface and does not exceed two hundred (200) square feet in area.

b.

The fill does not exceed three feet (3′) in vertical height at its highest point measured from the natural ground surface and does not cover more than two hundred (200) square feet in area.

c.

Exploratory excavations do not exceed an aggregate area of two hundred (200) square feet.

d.

An excavation below finished grade for basements and footings of a building if authorized by a valid building permit. This exception does not affect the requirement of a grading permit for any fill made with the material from such excavation.

e.

Clearing of vegetation does not exceed one thousand (1,000) square feet in area.

f.

Use of land is for gardening primarily for home consumption.

g.

Agricultural use of land that is operated in accordance with a farm conservation plan approved by the resource conservation district or when it is determined by the resource conservation district that such use will not cause excessive erosion or sediment losses.

(2)

Grading operations shall be conducted so as to prevent damaging effects of sediment production and dust on the site and on adjoining properties.

(b)

Sediment control.

(1)

Sediment shall be retained on the site (Section 90).

(2)

Sediment basins, sediment traps, or similar sediment control measures shall be installed before extensive clearing and grading operations begin.

(c)

Native vegetation.

(1)

In no event shall the native vegetative ground cover be destroyed, removed, or disturbed more than fifteen (15) days prior to grading unless otherwise approved by the engineer representing the permit-issuing authority.

(2)

When vegetation must be removed, the method shall be one that will minimize the erosive effects from the removal (Sections 10 and 30).

(3)

Exposure of soil to erosion by removing vegetation shall be limited to the area required for immediate construction operations.

(d)

Control of runoff.

(1)

Provisions shall be made to control the increased runoff caused by changed soil and surface conditions during and after development (Sections 40 through 100).

(2)

To prevent excess runoff the rate of surface water runoff shall be structurally retarded (Sections 90 and 100).

(3)

Each applicant requesting permission to make any surface changes shall be required to:

a.

Collect on-site surface runoff and dispose of it at nonerosive velocities to a point of discharge into the common natural watercourse of the drainage area.

b.

Handle existing and potential off-site runoff through the development by designing for storm runoff from a fully developed area upstream.

c.

Pay his proportionate share of the total cost of off-site erosion and sediment control improvements to the common natural watercourse based on a fully developed drainage area.

d.

Provide and install at his expense all drainage, erosion, and sediment control practices (temporary and permanent) required by the erosion and sediment control handbook herein adopted by reference.

e.

Retain sediment being transported by runoff water on-site through the use of sediment basins, silt traps, or similar measures.

(4)

Concentration of surface water runoff shall only be permitted in swales or watercourses.

(5)

In order to prevent polluting discharges from occurring, approved erosion and sediment control devices shall be required for all grading and filling. Control devices and measures which may be required include but are not limited to the following:

a.

Energy absorbing devices to reduce the velocity of runoff water (Section 100).

b.

Sedimentation controls such as sediment debris basins and sediment traps. Any trapped sediment shall be removed to a disposal site approved by the permit-issuing authority (Section 90).

c.

Dispersal of water runoff from developed areas over large undisturbed areas.

d.

Multiple discharge points to reduce the volume of runoff over localized areas.

(e)

Slope construction.

(1)

Both cut and fill slopes shall not be steeper than two-to-one (2:1) unless a thorough geological and engineering analysis indicates that steeper slopes are safe and erosion control measures are specified.

(2)

Slopes shall not be constructed so as to endanger or disturb adjoining property.

(f)

Slope surface stabilization.

(1)

Temporary mulching, seeding, or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbance (Sections 20 and 30).

(2)

Earth or paved interceptors and diversions shall be installed at the top of cut or fill slopes where there is a potential for surface runoff (Section 40).

(g)

Protection of watercourses.

(1)

Fills shall not encroach on natural watercourses or constructed channels.

(2)

Fills placed against watercourses shall have suitable protection against erosion during flooding.

(3)

Grading equipment shall not cross or disturb stream channels.

(4)

Excavated materials shall not be deposited or stored in or alongside the river or watercourses where the materials can be washed away by high water or storm runoff.

(h)

Disposal of cleared vegetation.

Vegetation removed during clearing operations shall be disposed of as follows:

(1)

Chipping all or some of the cleared vegetation for use as mulch or compost on the site (Section 30).

(2)

Burning so thorough that the materials are reduced to ashes. No logs, branches, or charred pieces shall be permitted to remain. Burning shall comply with local air pollution regulations.

(3)

Disposing the balance of the material in a manner and at a location approved by the permit-issuing authority.

(j)

Disposal of excavated materials.

Excavated materials removed during grading operations shall be disposed of as follows:

(1)

Stockpiling all or some of the topsoil on the site for use on areas to be revegetated.

(2)

Locating stockpiled soil so that if erosion occurs it would not become a source for off-site sediment damage.

(3)

Stockpiling soil far enough from streams or drainageways that surface runoff cannot carry sediment downstream.

(4)

Stockpiling material from trenches and pits on the upslope side of the excavations.

(5)

Promptly backfilling and compacting stockpiled soil into trenches and pits to reduce the risk of erosion.

(6)

Applying mulch or other protective coverings on stockpiled material which will be exposed through the winter season or which faces a high risk of intensive summer rains (Section 30).

(7)

Removal of excavated material not be used at the site to a location approved by the permit-issuing authority.

(Ord. No. 5318 § 1, 2001.)