[Added effective 10-26-2012]
The purpose of these regulations is to help minimize soil erosion
and sedimentation that occurs as a result of the construction of residential,
industrial and commercial development. Rapid changes in land use to
nonagricultural and urban uses have accelerated soil erosion and sediment
deposition, resulting in water pollution and damage not only to aesthetic
values and wildlife but to sewers, roads, stream channels and water
bodies.
A soil erosion and sediment control plan shall be submitted
with any application for development when the disturbed area of such
development is cumulatively more than one-half (1/2) acre.
A single-family dwelling that is not part of a subdivision of
land shall be exempt from these soil erosion and sediment control
regulations.
Compliance with plan requirements.
A. Any person engaged in development activities who fails to file a
soil erosion and sediment control plan in accordance with these regulations
or who conducts a development activity, except in accordance with
the provisions of a certified plan shall be deemed in violation of
these regulations.
B. The estimated costs of measures required to control soil erosion and sedimentation, as specified in the certified plan, that are a condition of certification of any modified site plan may be required to be covered in a financial guarantee approved as to form and financial institution by the Commission or Corporation Counsel and submitted prior to the start of construction in accordance with and the provisions specified in §
118-1450, Special Permits, and §
118-1451, Site plan review. Such financial guarantee shall be released only after all improvements are complete and are in satisfactory condition. If not satisfactory, within 65 days of release request, a written explanation shall be provided to the applicant detailing the outstanding work that must be completed before such financial guarantee or portion thereof may be released.
[Amended effective 1-27-2012; effective 10-26-2012]
C. Site development shall not begin unless the soil erosion and sediment
control plan is certified and those control measures and facilities
in the plan scheduled for installation prior to site development are
installed and functional.
D. Planned soil erosion and sediment control measures and facilities
shall be installed as scheduled according to the certified plan.
E. All control measures and facilities shall be maintained in effective
condition to ensure the compliance of the certified plan.
Inspection shall be made by the Commission, or its designated
agent, during development to ensure compliance with the certified
plan and that control measures and facilities are properly performed
or installed and maintained. The Commission may require the permittee
to verify, through progress reports, that soil erosion and sediment
control measures and facilities have been performed or installed according
to the certified plan and are being operated and maintained.