[History: Soil Erosion and Stormwater Runoff Control Ordinance,
adopted by Tribal Council on January 21, 1997.]
(a)
Purpose. The purpose of this ordinance is to prevent the pollution,
impairment, or destruction of a natural resource or the public trust
on Tribal lands unless:
(b)
Objectives. Specific objectives include the following:
(1)
To prevent accelerated soil erosion and to control stormwater
runoff resulting from earth changes proposed within the Tribal lands,
both during and after construction.
(2)
To assure that the Tribe and Tribal members control the volume
and rate of stormwater runoff originating from Tribal lands so that
surface water and groundwater quality is protected, soil erosion is
minimized, and flooding potential reduced.
(3)
To develop specific penalties for violations regarding this
ordinance.
[History: Soil Erosion and Stormwater Runoff Control Ordinance,
adopted by Tribal Council on January 21, 1997.]
The following terms and phrases shall have the meaning given
herein, unless the context otherwise requires:
(a)
"accelerated soil erosion": the increased movement of soils that
occurs as a result of human activities and development.
(b)
"best management practice (BMP)" - structural device, measure, facility,
or activity which helps to achieve soil erosion and stormwater management
control objectives at a designated site.
(c)
"channel" - the portion of a natural stream which conveys normal
flows of water, or a ditch or channel excavated for the flow of water.
(d)
"commercial use" - all land uses. The use of property in connection
with the purchase, sale, display, or exchange of goods, merchandise,
or personal services, as well as the maintenance or operation of businesses
or recreational or amusement enterprises.
(e)
"control plan" - Soil Erosion and Stormwater Runoff Control Plan
(f)
"conveyance facility" - a surface or subsurface structure or channel
which transports stormwater runoff.
(g)
"drain" - drains established and/or constructed.
(h)
"depression storage" - the portion of precipitation trapped in depressions
in the ground surface.
(i)
"design standard (or engineering design standard)" - a specification
that prescribes the type of design, location, mode of construction,
mode of operation, or other engineering detail for soil erosion or
stormwater control facilities.
(j)
"design storm" - a rainfall event that has a specific statistical
probability of occurring in any given year. For example, a two-year
design storm is a storm with a 50% chance of occurring during the
year. Design storm figures are used to calculate the runoff volume
and peak discharge rate through a detention or retention basin or
other stormwater management facility.
(k)
"designated use" - the use of a stream segment assigned by the Tribe
as part of the regulatory process of establishing water quality control
standards. Uses maybe public drinking water supply, irrigation, recreational
use, fishing, or other categories, as established by the Tribe.
(l)
"detention basin" - a structure or facility, natural or artificial,
which stores stormwater on a temporary basis and releases it at a
controlled rate. A detention basin may drain completely after a storm
event, or it may be a body of water with a fixed minimum and maximum
water elevation between runoff events.
(m)
"discharge" - the rate of flow of water through an outlet structure
at a given point and time, measured in cubic feet per second (cfs).
(n)
"disturbed area" - an area of land subjected to erosion due to the
removal of vegetative cover and/or earthmoving activities, including
filling.
(o)
"drainage" - the interception and removal of groundwater or surface
water by natural and artificial means.
(p)
"drainage well" - a bed of stone or hole in the ground constructed
for the purpose of trapping stormwater for infiltration into the ground.
(q)
"downstream" - lands and waters which receive stormwater runoff and
other surface water flows from a designated site.
(r)
"drainage system" - all facilities, channels, and areas which serve
to convey, filter, store, and/or receive stormwater, either on a temporary
or permanent basis.
(s)
"earth change" - a human-made change in the natural cover or topography
of land, including cut and fill activities, which may result in or
contribute to soil erosion or sedimentation of the waters of the Tribal
lands. The term "earth change", as used in this ordinance, shall not
apply to the practice of plowing or tilling soil for the purpose of
crop production.
(t)
"enforcement officer" - person(s) or entities designated by the Tribal
Council to enforce this ordinance including permit administration.
(u)
"environmentally sensitive sites" - includes site with one or more
of the following characteristics:
(1)
Sites where driveways have been planned with a slope greater
than 10% (10 feet horizontal to one-foot vertical).
(2)
Sites with heavy clay soils (commonly termed hardpan clay),
and soils classified in hydrological Group D in the soil surveys published
by the Soil Conservation Service, U.S. Department of Agriculture.
(3)
Sites which may cause sedimentation or flood onto adjacent land
areas if earth changes occur.
(4)
Sites located within 100 feet of a wetland.
(5)
Other environmentally sensitive sites identified by the Tribal
government as having a high potential for environmental degradation
including flooding as a result of soil erosion or stormwater runoff
on-site or off-site.
(v)
"erosion" - see "soil erosion" definition.
(w)
"excess runoff" - surface runoff that cannot be accommodated satisfactorily
by the natural or planned drainage systems.
(x)
"extended detention basin" - detention basin designed to provide
substantial removal of suspended solids and particulates, typically
achieved by holding stormwater for 24 hours or more.
(y)
"fill material" - soil, sand, gravel, clay, or any other non-polluting
material which displaces soil or water or reduces water retention
potential in a lake, pond, stream, or wetland.
(z)
"flood" - an overflow of surface water onto lands not normally covered
by water. Floods have these essential characteristics: the inundation
of land is temporary and results from unusually heavy precipitation;
and the land is inundated by overflow for a lake, pond, stream, and/or
wetland, or is flooded by natural runoff.
(aa)
"floodplain" - the area of land adjoining a lake or stream which
is inundated when the flow exceeds the capacity of the normal channel.
For mapping purposes, floodplains are designated according to the
frequency of the flood event, such as the 100-year floodplain or 500-year
floodplain.
(bb)
"grading" - any stripping, clearing, stumping, excavating, filling,
stockpiling, or any combination thereof, including the land in its
excavated or filled condition.
(cc)
"impervious area" - impermeable surfaces, such as paved or gravel
driveways, parking areas, or roads which prevent the infiltration
of water into the soil.
(dd)
"industrial use" - any manufacturing, fabrication, assembly, printing,
or improvement of articles or merchandise; warehousing, wholesaling,
or storage of goods, vehicles, or materials; research and medical
laboratories; mining and activities related to mineral extraction
and processing; and other business enterprises not classified as commercial.
(ee)
"infiltration" - the downward movement or seepage of water from the
surface to the subsoil and/or groundwater. The infiltration rate is
expressed in terms of inches per hour.
(ff)
"infiltration facility" - a structure or area which allows stormwater
runoff to gradually seep into the ground, e.g. french drains, seepage
pits, infiltration basin, dry well, or perforated pipe.
(gg)
"lake" - a permanent body of open water which is five acres or more
in size.
(hh)
"land owner/lessee" - the Tribe or any allottee/lessee of Tribal
lands, including subsidiary commissions or entities.
(ii)
"land use" - a use of land which may result in an earth change, including
but not limited to subdivision, site condominium, residential, commercial,
industrial, recreational, agricultural practices, other development,
private and public highway, road and/or stream crossing construction,
and drainage construction.
(jj)
"land use committee" - the Committee created by the Tribal Chairperson
and/or Tribal Council responsible for administering the provisions
of this ordinance, including successor committee(s) designated by
a different title.
(kk)
"landscaping" - mowing, seeding, sodding, and other landscaping activities
which are not earth changes.
(ll)
"maintenance agreement" - a binding agreement between the Tribal
member and the Tribe which sets forth the location and design of best
management practices, as well as the terms and requirements for stormwater
and erosion control facility maintenance recorded with the Tribal
Register of Deeds.
(mm)
"material" - soil, sand, gravel, clay, or any other organic or inorganic
material which is not municipal refuse.
(nn)
"Non-erosive velocity" - a rate of flow of stormwater runoff, measured
in feet per second, which does not erode soils. Non-erosive velocities
vary for individual sites, taking into account topography, soil type,
and runoff rates.
(oo)
"normal maintenance" - landscaping, repairs, road leveling, minor
excavation or filling at a developed site, or other activities determined
by the Land Use Committee to be exempt from permit requirements, provided
that such activities do not violate standards in this ordinance.
(pp)
"off-site facility" - stormwater management or erosion control facility
which is located partially or completely off the development site.
(qq)
"ordinary high water mark" - the line between upland and bottomland
which persists through successive changes in water levels, below which
the presence and action of the water is so common or recurrent that
the character of the land is marked distinctly from the upland and
is apparent in the soil itself, the configuration of the surface of
the soil, and the vegetation. On an inland lake which has a level
established by law, it means the high established level. Where water
returns to its natural level as the result of the permanent removal
or abandonment of a dam, it means the natural ordinary high water
mark.
(rr)
"outfall" - the point where water flows out from a conduit, drain
or stream.
(ss)
"outlet" - a stream or facility receiving the flow from a basin,
drain, or other stormwater management facility.
(tt)
"peak rate of discharge (peak flow)" - the maximum calculated rate
of stormwater flow at a given point in a channel, watercourse, or
conduit resulting from a predetermined frequency storm or flood, measured
in cubic feet per second (cfs).
(uu)
"permit" - soil erosion and stormwater runoff control permit.
(vv)
"person" - any individual, partnership, company, organization or
legal entity of any kind, including governmental agencies.
(ww)
"pollution" - degradation of water quality, preventing the use of
water for some specific purpose, caused by a natural or human-made
substance.
(xx)
"pond" - a permanent or temporary body of open water which is more
than one acre in size and less than five acres in size.
(yy)
"protected wetland" - a wetland which meets one or more of the following
criteria:
(zz)
"Receiving body of water" - any lake, pond, stream, wetland, or groundwater
into which stormwater runoff is directed.
(aaa)
"Regional detention basin" - a basin to detain water flow from
a number of development sites or a small watershed.
(bbb)
"Retention basin" - a wet or dry stormwater holding area, either
natural or human-made, which does not have an outlet to adjoining
watercourses or wetlands other than an emergency spillway.
(ccc)
"Runoff" - stormwater runoff.
(ddd)
"Sediment" - mineral or organic solid particulate matter that
has been removed from its site of origin by: 1) soil erosion; 2) suspension
in water; and/or 3) wind or water transport.
(eee)
"Sedimentation" - the process or action of depositing sediment.
(fff)
"Site" - any tract, lot, or parcel of land or combination of
tracts, lots or parcels of land proposed for development.
(ggg)
"Soil erosion" - the wearing away of land by the action of wind,
water, gravity, or a combination thereof.
(hhh)
"Soil erosion control facilities and measures" - any structure,
facility, barrier, berm, vegetative cover, basin, or other measure
which serves to control soil erosion in accordance with the purposes
and standards of this ordinance. "Temporary measure" refers to installations
designed to control soil erosion during construction or until soils
in the contributing drainage area are stabilized. "Permanent measure"
refers to installations designed to control soil erosion after a project
is completed.
(iii)
"Soil erosion and stormwater runoff control plan" - maps and
written information for a proposed land use or earth change which
describe the way in which soil erosion and stormwater runoff will
be controlled, during and after completion of construction.
(jjj)
"Soil erosion and stormwater runoff control permit" - signed,
written statement issued under this ordinance authorizing the applicant
to engage in specified earth changes.
(kkk)
"Stop-work order" - a notice issued by the enforcement officer(s)
designated by the Tribal Council or an authorized agent of the Tribe
to the permittee to require the permittee to cease grading or development
activities.
(lll)
"Storage facility" - a basin, structure, or area, either natural
or human-made, which is capable of holding stormwater for the purpose
of reducing the rate of discharge from the site.
(mmm)
"Storm drain" - a conduit, pipe, natural channel or human-made
structure which serves to transport stormwater runoff.
(nnn)
"Storm frequency" - the average period of time during which
a storm of a given duration and intensity can be expected to be equaled
or exceeded.
(ooo)
"Stormwater control facilities and measures" - any facility,
structure, channel, area, or vegetative cover, or measure which serves
to control stormwater runoff in accordance with the purpose and standards
of these regulations.
(ppp)
"Stormwater runoff - waters from rains falling within a tributary
drainage basin, flowing over the surface of the ground or collected
in channels, watercourses, or conduits, measured in depth of inches.
(qqq)
"Stream" - a river, stream, or creek which may or may not be
serving as a drain which has definite banks, a bed, and visible evidence
of a continued flow or continued occurrence of water.
(rrr)
"stream bank" - the usual boundaries, not the flood boundaries,
of a stream channel.
(sss)
"Stripping" - any activity which removes or significantly disturbs
the vegetative surface cover, including clearing and grubbing operations.
(ttt)
"Swale" - low-lying grassed area with gradual slopes which transports
stormwater, either on-site or off-site.
(uuu)
"Timber" - forest, trees, wood for building.
(vvv)
"Vegetative cover" - grasses, shrubs, trees, and other vegetation
which hold and stabilize soils.
(www)
"Water quality standards" - minimum standards established by
the United States Environmental Protection Agency Region V or standards
established by the Tribe.
(xxx)
"Watercourse" - any natural or human-made waterway, drainage-way,
drain, river, stream, diversion, ditch, gully, swale, or ravine having
banks, a bed and a definite direction or course, either continuously
or intermittently.
(yyy)
"Watershed" - a land area, also known as a drainage area, which
collects precipitation and contributes runoff to a receiving body
of water or point along a watercourse.
(zzz)
"Wetland" - land characterized by the presence of water at a
frequency and duration sufficient to support, and that under normal
circumstance, 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,
aquatic life, or hydric soil.
(aaaa)
"Wetland vegetation" - plants, including but not limited to trees,
shrubs, and herbaceous plants, that exhibit adaptations to allow,
under normal conditions, germination or propagation, and to allow
growth with at least their root systems in water or saturated hydric
soil.
[History: Soil Erosion and Stormwater Runoff Control Ordinance,
adopted by Tribal Council on January 21, 1997.]
(a)
Jurisdiction for Permit Administration
(1)
The enforcement officer(s) designated by Tribal Council shall
enforce regulated earth changes proposed within the boundaries of
the Tribal lands.
(2)
Earth changes carried out by the Tribe, subsidiary commissions,
enterprises, etc. and individuals or other entities within the Tribe's
jurisdiction shall abide by this ordinance.
(b)
Regulated Earth Changes. Earth changes requiring a soil erosion and
stormwater runoff control permit from the enforcement officer(s) designated
by the Tribal Council include the following:
(1)
Earth changes connected with any of the following activities
which disturb land within 500 feet of a lake or stream, except for
normal maintenance:
(A)
Transportation facilities, including streets, access roads,
railroads, airports, common carrier pipelines, and mass transit facilities,
except normal maintenance procedures such as earth or gravel road
leveling and minor repairs or alterations to rights-of-way not affecting
a lake or stream.
(B)
Site preparation for a single-family residence and multiple
family residential developments.
(C)
Tribal buildings and service facilities, including but not limited
to government buildings and facilities, commercial buildings, schools,
vehicle maintenance facilities, and salt storage facilities.
(D)
Recreational facilities, including but not limited to parks,
golf courses, beaches above the ordinary high water mark, campgrounds
or trails, including Tribal or private facilities.
(E)
Utilities, including but not limited to underground pipelines
or cables, except pole installation, service line and other earth
changes of a minor nature, and emergency repairs.
(F)
Oil, gas, and mineral wells. Access roads to well production
sites shall be subject to permit requirements.
(G)
Non-agricultural water impoundments and waterway construction
or improvements.
(H)
Logging activities including access roads, except the principal
area where the trees are being cut.
(I)
Mining activities including access roads, except the principal
area where minerals are being removed.
(J)
Earth changes on agricultural lands, including road construction
and building construction, but not including plowing and tilling of
soil for the purpose of crop production.
(2)
Earth changes for environmentally-sensitive residential sites.
(3)
Industrial or commercial use development sites, regardless of
size, location, or environmental sensitivity.
(4)
(A)
All developments which includes housing, commercial, subsidiary
enterprises, individual or other entity developments within the Tribe's
jurisdiction regardless of size, location, or environmental sensitivity.
(B)
All multi-family developments regardless of size, location or
environmental sensitivity.
(c)
Identification of Environmentally-Sensitive Sites.
(1)
Tribal land owners and lessees are responsible for determining
whether their sites are environmentally-sensitive as defined in this
ordinance (§ 302(u)).
(2)
The Tribal administration and/or the county conservation district
shall be requested to provide assistance to land owners and lessees
in identifying earth changes and environmentally-sensitive sites subject
to review by the enforcement officer(s) designated by the Tribal Council.
(d)
Permit Application Submittal.
(1)
All applications for soil erosion and stormwater runoff control
permits shall include one copy of the proposed soil erosion and stormwater
runoff control plan unless more copies are requested by the enforcement
officer(s) designated by the Tribal Council.
(2)
Permit applications shall be submitted to the enforcement officer(s)
designated by the Tribal Council.
(3)
Application for a permit shall be made prior to the start of
any earth change including construction of access roads, driveways,
cutting of trees/timber and stump removal, or grading. 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 taken 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.
(4)
The application review period begins upon receipt of a completed
application.
(e)
Sequential Applications.
(1)
On projects which are so large or complex that a plan encompassing
all phases of the project cannot be reasonably be prepared prior to
initial groundbreaking, application for permit on successive major
incremental applications shall be approved by the enforcement officer(s)
designated by the Tribal Council prior to the submittal of a permit
application.
(2)
Approval of sequential applications shall take place in phases.
The overall conceptual plan for the entire development shall be submitted
for review and approval. And, detailed plans for sections of the total
project may be submitted for review and approval.
(3)
All permits processed and issued for phases of a project shall
be clearly defined as to the nature and extent of work covered. Each
phase of the project must be reviewed and permitted prior to construction.
(f)
Permit Approval or Disapproval.
(1)
If the enforcement officer(s) designated by the Tribal Council
determines that the proposed soil erosion and stormwater runoff control
plan complies with the standards of this ordinance, a permit shall
be issued specifying the work approved. If the proposed plan does
not comply with these standards, the permit request shall be modified
or denied.
(2)
Upon request, the enforcement officer(s) designated by the Tribal
Council shall furnish the applicant or other interested person with
a statement in writing of the reasons for permit denial or approval.
(3)
If necessary, the enforcement officer(s) designated by the Tribal
Council may request additional information from the applicant.
(g)
Permit Expiration or Revocation.
(1)
Permits shall terminate automatically if construction has not
commenced within one year of the date of issuance. The permit holder
may request a one year extension if there are valid reasons to support
such an extension.
(2)
Any permit issued by the enforcement officer(s) designated by
the Tribal Council under this ordinance may be revoked or suspended,
after notice and an opportunity for a hearing, for any of the following
causes:
(h)
Administration Fee Schedule.
(1)
The Tribal Council may adopt a fee schedule for administration
of this ordinance.
(2)
Permit fees shall be directly related to the actual costs of
administering the soil erosion control and stormwater management permit
program of the enforcement officer(s) designated by the Tribal Council,
including site inspection costs and permit administration costs.
(3)
The fee schedule shall be proposed by the enforcement officer(s)
designated by the Tribal Council and approved by the Land Use Committee
and Tribal Council.
(i)
Penalties for Initiating Earth Change Activities Without a Permit.
Any earth change activities without a valid permit or in violation
of a permit or permit conditions shall be considered a violation of
this ordinance and subject to fines and other penalties as provided
in this ordinance.
(j)
Issuance of Land Use and Building Permits.
(1)
The Tribal Council through recommendation by the Land Use Committee,
which recommends land use permits and/or building permits for approval
to Tribal Council shall notify the enforcement officer(s) designated
by the Tribal Council upon receipt of an application involving an
earth change subject to permit requirements under this ordinance.
(2)
The Tribal Council shall not issue a land use/building permit
for an earth change subject to permit requirements until a soil erosion
and stormwater runoff control permit has been issued by the enforcement
officer(s) designated by the Tribal Council.
(3)
The Tribal land owner or lessee shall notify the enforcement
officer(s) designated by the Tribal Council after a permit decision
has been made.
(k)
Soil Erosion and Stormwater Runoff Control Plan. A soil erosion and
stormwater runoff control plan shall be prepared for any earth change
subject to permit requirements. The plan shall be designed to effectively
reduce accelerated soil erosion and sedimentation during construction
and after construction is completed.
(1)
Residential Development or Environmentally Sensitive Site Plans
for Earth Changes. A residential or environmentally sensitive site
plan shall show the following:
(A)
Location of the site.
(B)
Site characteristics, such as location of lake, stream, wetlands
or existing buildings.
(C)
Proposed earth change activity.
(D)
Erosion control measures proposed. If there are severe development
limitations in regards to the existing site characteristics, the enforcement
officer(s), designated by the Tribal Council, may require that a residential
or environmentally sensitive plan be prepared by one of the following
registered professionals: civil engineer, land surveyor, architect,
and/or landscape architect.
(2)
Other Land Uses, Site Plans for Section III-B Earth Changes.
The submitted site plans shall show the following:
(A)
A map or maps at a scale of not more than 200 feet to the inch
or as otherwise determined by the enforcement officer(s) designated
by the Tribal Council, including a legal description and site location
sketch which includes the proximity of any proposed earth change to
lakes or streams or both; predominant land features; and contour intervals
or slope description.
(B)
A soils survey or written description of the soil types of the
exposed land area contemplated for the earth change.
(C)
A description and the location of the physical limits of each
proposed earth change.
(D)
Location of all lakes, streams, and protected wetlands partially
or completely contained within the boundaries of the site or within
50 feet of the site boundary.
(E)
A description and the location of all existing and proposed
on-site stormwater management facilities and measures.
(F)
The timing and sequence of each proposed earth change.
(G)
A description and the location of all proposed temporary soil
erosion control facilities and measures.
(H)
A description and the location of all proposed permanent soil
erosion control facilities and measures.
(I)
Stormwater runoff calculations.
(J)
A program for the continued maintenance of all permanent soil
erosion and stormwater runoff control facilities and measures as listed
in § 303(n).
(K)
Other information which the enforcement officer(s) designated
by the Tribal Council requires to review the impact of the proposed
earth change in relationship to the standards and requirements of
this ordinance.
(3)
Housing Plat Site Plan. The permittee shall submit the same
information as in § 303(k)(2) of this ordinance and may
need to submit additional information including but not limited to
the following: off-site watershed boundaries; existing and proposed
easements, and proposed drainage system including water movement onto
and out of the proposed plat.
(4)
Road Construction. The construction of roads on Tribal lands
shall make the best effort to meet the goals and guidelines of this
ordinance for soil erosion and stormwater runoff on all new roads
constructed after the adoption of this ordinance. Stormwater retention/detention
shall be compatible to the current highway safety guidelines, maintenance
practices, and general drain laws that govern natural surface water
flow, concentration, location and/or velocity.
(l)
General Standards for Approval of Soil Erosion and Stormwater Control
Plans.
(1)
The enforcement officer(s) designated by the Tribal Council,
shall approve or disapprove soil erosion and stormwater runoff control
permit applications and plans in accordance with published guidelines.
(2)
All earth changes subject to review under requirements of this
ordinance shall be designed, constructed, and maintained to provide
for the detention of flood waters and to protect water quality.
(3)
Measures required for soil erosion and stormwater runoff control
shall take into consideration natural features, proximity of the site
to lakes, streams, and protected wetlands, extent of impervious surfaces,
potential for soil erosion and flooding, and the size of the site.
(4)
Stormwater conveyance, storage, and infiltration facilities
shall be designed to provide for non-erosive velocities of stormwater
runoff.
(5)
Alterations to natural drainage patterns shall not create or
increase downstream flooding or sedimentation.
(6)
When a proposed earth change is located in an area where a watershed
plan has been approved by the Land Use Committee and Tribal Council,
the standards for stormwater detention and retention volumes, discharge
rates, and stormwater facility locations specified in the approved
watershed plan shall be deemed to meet the requirements of this ordinance.
(m)
Off-Site Stormwater Control.
(1)
Waiver Option. In lieu of on-site stormwater facilities and
measures, the use of off-site stormwater facilities and measures,
together with on-site erosion control, may be proposed. In such cases,
a request for a waiver of the requirements for on-site stormwater
runoff control can be made. The waiver request shall be submitted
to the enforcement officer(s) designated by the Tribal Council, with
a permit application and a soil erosion and stormwater runoff control
plan, including information specified in § 303(k) of this
ordinance. This waiver option does not allow for changes in the requirements
for on-site soil erosion control.
(2)
Shared Off-Site Stormwater Control Facilities.
(A)
Off-site stormwater control areas may be shared between two
or more properties or developments, provided that maintenance agreements
have been approved by the enforcement officer(s) designated by the
Tribal Council, and easements have been obtained and recorded.
(B)
Stormwater management easements are required for all areas used
for off-site stormwater control unless an exception has been granted
by the enforcement officer(s) designated by the Tribal Council. Easements
shall be recorded with the Tribal Register of Deeds prior to approval
of the final development plan by the enforcement officer(s) designated
by the Tribal Council.
(3)
Applicable Standards. General Standards specified in § 303(1)
of this ordinance shall be used in reviewing proposed soil erosion
and stormwater runoff control plans for off-site stormwater facilities
and measures.
(n)
Maintenance.
(1)
All soil erosion and stormwater runoff control facilities and
measures shall be maintained in accordance with permit conditions.
(2)
The person(s) or Tribal department responsible for maintenance
shall be designated in the Soil Erosion and Stormwater Runoff Control
Plan or in the permit application submitted to the enforcement officer(s)
designated by the Tribal Council. Options include:
(3)
The enforcement officer(s) designated by the Tribal Council
will make the final decision of what maintenance option is appropriate
in a given situation. Natural features, proximity of site to lakes,
streams and protected wetlands, extent of impervious surfaces, size
of the site and potential need for ongoing maintenance activities
will be considered when making this decision.
(o)
Stormwater Management Easements.
(1)
Stormwater management easements shall be provided by the Tribe
if necessary for: A) access for facility inspections and maintenance,
or B) preservation of stormwater runoff conveyance, infiltration,
and detention year storm event. The purpose of the easement shall
be specified in the maintenance agreement signed by the property owner
or lessee.
(2)
Stormwater management easements are required for all areas used
for off-site stormwater control, unless a waiver is granted by the
enforcement officer(s) designated by the Tribal Council.
(3)
Easements shall be recorded with the Tribal Register of Deeds
prior to issuance of a certificate of compliance by the enforcement
officer(s) designated by the Tribal Council (see following § 303(p)(2)).
(p)
Compliance Assurances.
(1)
Construction Certification by Registered Professional. For any
sites that required a professional site plan, a certification letter
shall be submitted after soil erosion and stormwater runoff control
facilities have been installed to affirm that construction has been
completed in accordance with the approved Soil Erosion and Stormwater
Runoff Control Plan. This certification letter can be prepared by
one of the following registered professionals: civil engineer, land
surveyor, architect, and/or landscape architect unless it was specified
by the enforcement officer(s) designated by the Tribal Council that
a civil engineer prepare a plan. If there are changes during the course
of construction, the enforcement officer(s) designated by the Tribal
Council may require final "as built" drawings for final approval of
the site work.
(2)
Certificate of Compliance. Upon receipt and approval of the
certification letter, the enforcement officer(s) designated by the
Tribal Council shall issue a certificate of compliance to the property
owner or lessee.
(q)
Inspections.
(1)
Enforcement officer(s) designated by the Tribal Council may
enter at reasonable times upon any property to conduct on-site inspections.
Such inspections may take place before, during and after any earth
change activity for which a permit has been issued.
(2)
If, upon inspection, site conditions are found not to be as
stated in the permit or approved Soil Erosion and Stormwater Runoff
Control Plan, the permit will be invalid. No earth disrupting work
shall be undertaken, or continued, until revised plans have been submitted
and a valid permit issued.
(3)
Requests for revisions must be submitted in writing to and approved
by the enforcement officer(s) designated by the Tribal Council before
being effective unless approved by the field inspector on the site.
If approved, a revised site plan shall be submitted for review and
approval.
(r)
Stop-Work Orders and Emergency Actions.
(1)
If necessary to assure compliance with the permit requirements,
standards, and other provisions of this ordinance, or to protect public
health, safety and welfare, the enforcement officer(s) designated
by the Tribal Council may issue a stop-work order for the purpose
of preventing or minimizing accelerated soil erosion, stormwater runoff,
or other conditions posing imminent and substantial danger to public
health, safety, welfare, or natural resources.
(2)
If necessary to protect public safety or water resources, including
lakes, streams, protected wetlands, and other receiving bodies of
water, the enforcement officer(s) designated by the Tribal Council
may initiate emergency action to abate imminent and substantial danger
and risk.
(3)
Except as otherwise provided through maintenance agreements,
the land owner/lessee may be held responsible for reimbursing the
Tribe for all costs incurred as a result of emergency action, including
administrative costs, provided that a finding is made that the land
owner/lessee violated provisions of this ordinance, a permit, or an
approved maintenance agreement.
(4)
The stop-work order, when issued, shall require all specified
earth change activities to be stopped.
(5)
If the enforcement officer(s) designated by the Tribal Council
determines that soil erosion and sedimentation of the waters regarding
this Tribe has or will reasonably occur from a parcel of land in violation
of this ordinance, it may seek to enforce the ordinance by notifying
the person who owns the land or leases the land, by mail, with return
receipt requested, of its determination. The notice shall contain
a description of specific soil and sedimentation control measures
which, if implemented by the land owner or lessee, would bring the
owner or lessee into compliance.
(s)
Enforcement Action.
(1)
All earth changes on Tribal lands are subject to the enforcement
provisions and penalties of this ordinance.
(2)
A person who owns or leases the land on which an earth change
has been made that may result in or contribute to soil erosion or
sedimentation of the waters shall implement and maintain soil erosion
and sedimentation control measures that will effectively reduce soil
erosion or sedimentation from the land on which the earth change has
been made.
(3)
The enforcement officer(s) designated by the Tribal Council
shall notify the Land Use Committee of all violations of this ordinance,
including violations attributable to an earth change created by an
authorized Tribal agency.
(4)
Each act of violation, and every day upon which any violation
shall occur or continues to occur, shall constitute a separate offense.
(5)
A person who has not complied with this ordinance and who, after
notice, refuses to implement and maintain soil erosion control and
stormwater runoff control measures and facilities in conformance with
these regulations shall be subject to a fine of not more than $500
or 30 days in jail, or both; plus the cost of prosecution, remediation
expenses and/or restitution may also be ordered as costs.
(t)
Right of Appeal.
(1)
The Land Use Committee may recommend that the Tribal Council
approve a variance of this ordinance if there is no feasible and prudent
alternative. The Land Use Committee also has jurisdiction to consider
zoning variances including suggested setbacks when a zoning variance
is currently considered. If a zoning variance is approved, it must
be ratified by the Tribal Council.
(2)
Any person aggrieved by the action or inaction of the enforcement
officer(s) designated by the Tribal Council related to this ordinance
may appeal to the Land Use Committee.
(3)
The Land Use Committee shall conduct an administrative hearing
of any appeals. A complete record of the hearing shall be prepared
if an aggrieved person determines to appeal to the Tribal Court.
(4)
The appeal to the Tribal Court shall be an administrative appeal
and not a trial de novo.
(u)
Severability. If any section, clause, provision or portion of this
ordinance is adjudged unconstitutional or invalid by the Tribal Court,
the remainder of the ordinance shall not be affected.
(v)
Effective Date. The ordinance shall take effect when approved by
the Tribal Council.
