[HISTORY: Adopted by the Tribal Council of the Nottawaseppi
Huron Band of the Potawatomi 3-18-2000 by Ord. No. 03-1800-00 (Title VI, Ch.
2, of the Tribal Code). Amendments noted where applicable.]
§ 6.2-1 Introduction; purpose.
§ 6.2-2 Definitions.
§ 6.2-3 Permits; fees.
§ 6.2-4 Erosion and sediment control plan.
§ 6.2-5 Review and approval.
§ 6.2-6 Inspection.
§ 6.2-7 Enforcement; penalties; emergency actions.
§ 6.2-8 Separability.
§ 6.2-9 Effective date.
§ 6.2-1 Introduction; purpose.
A.
During the construction process, soil is highly vulnerable to erosion
by wind and water. Eroded soil endangers water resources by impairing
water quality and causing the siltation of aquatic habitat for fish
and other desirable species. Eroded soil also necessitates repair
of sewers and ditches and the dredging of lakes. In addition, clearing
and grading during construction cause the loss of native vegetation
necessary for terrestrial and aquatic habitat.
B.
As a result, the purpose of this tribal regulation is to safeguard
persons, protect property, and prevent damage to the environment within
areas of Nottawaseppi Huron Band of Potawatomi (NHBP) jurisdiction.
This chapter will also promote the public welfare by guiding; regulating,
and controlling the design, construction, use, and maintenance of
any development or other activity that disturbs or breaks the topsoil
or results in the movement of earth on land within areas of Nottawaseppi
Huron Band of the Potawatomi jurisdiction.
§ 6.2-2 Definitions.
As used in this chapter, the following terms shall have the
meanings indicated:
- CERTIFIED CONTRACTOR
- A person who has received training and is licensed by the Tribe and/or a federal agency (US Army Corps, EPA, BIA, etc.) to inspect and maintain erosion and sediment control practices.
- CLEARING
- Any activity that removes the vegetative surface cover.
- CRITICAL EROSION AREAS
- Includes sites with one or more of the following characteristics: areas with slopes of 30% (10 feet horizontal to three feet vertical) or more. Areas with heavy clay soils (commonly termed hardpan clay) and/or silt and/or soils classified in the hydrological group D in the NRCS of the USDA soil survey.
- DRAINAGEWAY
- Any channel that conveys surface runoff through or within the site.
- EARTH CHANGE
- A human-made change in the natural cover or topography of the land, including cut and fill activities, which may result in or contribute to soil erosion or sedimentation of the waters of tribal lands. The term "earth change," as used in this chapter, shall not apply to the practice of plowing and tilling soil for the purpose of crop production.
- EROSION AND SEDIMENT CONTROL PLAN
- A plan prepared by or under the direction of a licensed professional engineer indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction.
- EROSION CONTROL
- A measure that prevents and/or reduces erosion.
- GRADING
- Excavation or till of material, including the resulting conditions thereof.
- PERIMETER CONTROL
- A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
- PHASING
- Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next.
- SEDIMENT CONTROL
- Measures that prevent or reduce eroded sediment from leaving the site.
- SITE
- A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation.
- SITE DEVELOPMENT PERMIT
- A permit issued by the municipality for the construction or alteration of ground improvements and structures for the control of erosion, runoff, and grading.
- STABILIZATION
- The use of practices that prevent exposed soil from eroding.
- START OF CONSTRUCTION
- The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, and filling; installation of streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
- STREAM
- A river, stream or creek, which has definite banks, a bed, and visible evidence of a continued flow or continued occurrence of water.
- VEGETATIVE COVER
- Grasses, shrubs, trees, and other vegetation which hold and stabilize soils.
- WATERCOURSE
- Any body of water, including but not limited to lakes, ponds, wetland, rivers, streams, and bodies of water delineated by Nottawaseppi Huron Band of the Potawatomi.
- WATERWAY
- A channel that directs surface runoff to a watercourse or to the public storm drain.
- WETLAND
- Land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life, and is commonly referred to as a bog, swamp, or marsh. A wetland will contain a predominance, not just an occurrence, of wetland vegetation, hydrology, or hydric soil.
§ 6.2-3 Permits; fees.
A.
A permit shall be required for any earth change activities that disturb
and/or uncover 25,000 or more square feet or disturb and/or uncover
any critical erosion areas or are within 500 feet of a watercourse.
B.
C.
Application submittal.
(1)
All permit applications shall be submitted to the NHBP Environmental
Department.
(2)
Each application shall bear the name(s) and address(es) of the owner and developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm, location and size of the earth change, description of the earth change, project starting and ending dates and shall be accompanied by appropriate filing fee [see Subsection C(3) of this section]. Additionally the application must be accompanied by a soil erosion and sedimentation control plan and that a certified contractor shall be on site on all days when construction or grading activity takes place.
(3)
Application fees.
(a)
Permits for earth changes disturbing and/or uncovering less than
50,000 square feet shall be accompanied by an application fee of $50.
(b)
Permits for earth changes disturbing and/or uncovering 50,000 square
feet to 100,000 square feet shall be accompanied by an application
fee of $100.
(c)
Permits for earth changes disturbing and/or uncovering more than
100,000 square feet shall be accompanied by an application fee of
$250.
(4)
Application for a permit shall be made forty-five (45) days prior
to the start of any earth change. No earth change, clearing, grading
or construction of access roads and/or driveways may commence prior
to the issuance of a permit. Permit approval shall be given prior
to the initiation of any work activity. Any unauthorized work shall
be considered a violation of these procedures regardless of any later
actions toward compliance. Soil test borings, vegetative cutting for
land surveys, percolation tests and normal maintenance shall not be
considered a start of work under these regulations.
§ 6.2-4 Erosion and sediment control plan.
A.
The erosion and sediment control plan shall include the following:
(1)
A natural resources map identifying soils, land use cover, elevation
contours, slope, drainage patterns, and resources protected under
other chapters of this Code. The map, at a minimum, shall have slopes
of the site grouped into ranges of steepness and marked on the map.
The map should have a scale no smaller than one inch equals 100 feet.
(2)
A sequence of construction of the development site, including stripping
and clearing; rough grading; construction of utilities, infrastructure,
and buildings; and final grading, stabilization 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 the 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)
A distinction between temporary control measures and permanent control
measures.
(5)
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.
(6)
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 § 6.2-5 of this chapter, may be authorized
by NHBP Environmental Department by written authorization to the permittee,
and shall include:
§ 6.2-5 Review and approval.
A.
NHBP Environmental Department will review each application for a
site development permit to determine its conformance with the provisions
of this regulation. Within thirty (30) days after receiving a complete
application, NHBP Environmental Department shall, in writing:
(1)
Approve the permit application; or
(2)
Approve the permit application subject to such reasonable conditions
as may be necessary to secure substantially the objectives of this
regulation, and issue the permit subject to these conditions; or
(3)
Disapprove the permit application, indicating the reason(s) and procedure
for submitting a revised application and/or submission.
B.
Failure of the NHBP Environmental Department to act on an original
or revised application within thirty (30) days of receipt shall authorize
the applicant to proceed in accordance with the plans as filed unless
such time is extended by agreement between the applicant and NHBP
Environmental Department. Pending preparation and approval of a revised
plan, development activities shall be allowed to proceed in accordance
with conditions established by NHBP Environmental Department.
§ 6.2-6 Inspection.
A.
NHBP Environmental Department 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 NHBP Environmental Department shall be
maintained at the site during the progress of the work. To obtain
inspections, the permittee shall notify NHBP Environmental Department
at least two (2) working days before the following:
B.
The permittee or his/her agent shall make regular inspections of
all control measures in accordance with the inspection schedule outlined
in 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 NHBP Environmental Department at the time interval specified in
the approved permit.
§ 6.2-7 Enforcement; penalties; emergency actions.
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, NHBP Environmental
Department may suspend or revoke the site development permit.
B.
Violation and penalties. 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. 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 deemed appropriate by the Tribal Council
and/or Tribal Court and not exceed more than $1,000. 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.
C.
Emergency action. If necessary to protect public safety or a watercourse,
the NHBP Environmental Department empowered by the Tribal Council
to act may initiate emergency action to abate imminent and substantial
danger and risk. The land holder/property owner will be held responsible
for reimbursing the Nottawaseppi Huron Band of the Potawatomi for
all cost incurred as a result of the emergency action taken, provided
that a finding is made that the land holder/property owner violated
provisions of this chapter.
§ 6.2-8 Separability.
The provisions and sections of this chapter shall be deemed
to be separable, and the invalidity of any portion of this chapter
shall not affect the validity of the remainder.
§ 6.2-9 Effective date.
This chapter shall take effect when approved by the Tribal Council.