(a) 
During the construction process, soil is the most vulnerable to erosion by wind and water. This eroded soil endangers water resources by reducing 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 causes the loss of native vegetation necessary for terrestrial and aquatic habitat, and to provide a healthy living environment for citizens of the town.
(b) 
As a result, the purpose of this local regulation is to safeguard persons, protect property, prevent damage to the environment and promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity which disturbs or breaks the topsoil or results in the movement of earth on land in the town.
(Ordinance 04-2, sec. I, adopted 7/28/04)
Certified contractor.
An individual who has received training and is certified by the town to inspect and maintain erosion and sediment control practices.
Clearing.
Any activity that removes the vegetative surface cover.
Drainageway.
Any channel that conveys surface runoff throughout the site.
Erosion and sediment control plan.
A set of plans prepared by or under the direction of a licensed professional engineer. Indicates the specific measures and sequencing to be used controlling sediment and erosion on a development site both before, during and after construction.
Erosion control.
Measures that prevent erosion.
Grading.
Excavation or fill of material, including the resulting conditions thereof.
Perimeter control.
A barrier that prevents sediment from leaving a site either 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 before the clearing of the next.
Sediment control.
Measures that prevent 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.
Watercourse.
Any body of water, including but not limited to lakes, ponds, rivers, streams, and bodies of water delineated by the town.
Waterway.
A channel that directs surface runoff to a watercourse, or to the public storm drain.
(Ordinance 04-2, sec. II, adopted 7/28/04; Ordinance adopting Code)
(a) 
Erosion and sediment control plan required.
No person shall be granted a site development permit for land-disturbing activity which would require the uncovering of 2,000 or more square feet without the approval of an erosion and sediment control plan by the town.
(b) 
Exceptions.
No site development permit is required for the following activities:
(1) 
Any emergency activity that is immediately necessary for the protection of life, property or natural resources.
(2) 
Existing nursery and agricultural operations conducted as a permitted main or accessory use.
(c) 
Application.
Each application shall bear the name(s) and address(es) of the owner or 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, and shall be accompanied by a filing fee.
(d) 
Statement regarding compliance with plan.
Each application shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the erosion and sediment control plan, and that a certified contractor shall have access to the permitted site, for purposes of inspection, on all days where construction or grading activity takes place.
(e) 
Bond or other security.
The applicant will be required to file with the town a faithful performance bond or bonds, letter of credit, or other improvement security in an amount deemed sufficient by the town to cover all costs of improvements, landscaping, and maintenance of improvements for such period as specified by the town and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site.
(f) 
Review and approval.
(1) 
The town will review each application for a site development permit to determine its conformance with the provisions of this local regulation. Within thirty (30) days after receiving an application, the town shall, in writing:
(A) 
Approve the permit application;
(B) 
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
(C) 
Disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application and/or submission.
(2) 
Failure of the town to act on original or revised applications 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 the town. Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the town.
(Ordinance 04-2, sec. III, adopted 7/28/04)
(a) 
Contents.
The erosion and sediment control plan shall include:
(1) 
A natural resources map identifying soils, forest cover, and resources protected under other chapters of this code and should be at a scale no smaller than 1" = 100'.
(2) 
A sequence of construction of the development site, including stripping and clearing, rough grading, construction of utilities, infrastructure, and buildings, and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, and the sequence of clearing, installation of temporary erosion and sediment measures, and establishment of permanent vegetation.
(3) 
All erosion and sediment control measures necessary to meet the objectives of this local regulation throughout all phases of construction and permanently, 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) 
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.
(5) 
Provisions for maintenance of control facilities, including easements and estimates of the cost of maintenance.
(b) 
Modifications.
(1) 
Major amendments of the erosion and sediment control plan shall be submitted to the town and shall be processed and approved, or disapproved, in the same manner as the original plans.
(2) 
Field modifications of a minor nature may be authorized by the town by written authorization to the permittee.
(Ordinance 04-2, sec. IV, adopted 7/28/04)
Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the most recent version of the town erosion and sediment control manual, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the town and its agents.
(1) 
Clearing and grading.
(A) 
Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance all other chapters of this code.
(B) 
Clearing techniques that retain natural vegetation and retain natural drainage patterns, as described in the town erosion and sediment control manual, shall be used to the satisfaction of the town.
(C) 
Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.
(D) 
Cut and fill slopes shall be no greater than 2:1, except as approved by the town to meet other community or environmental objectives.
(2) 
Erosion control.
(A) 
Soil must be stabilized within five days of clearing or inactivity in construction.
(B) 
If vegetative erosion control methods, such as seeding, have not become established within two weeks, the town may require that the site be reseeded, or that a non-vegetative option be employed.
(C) 
On steep slopes or in drainageways, special techniques that meet the design criteria outlined in the town erosion and sediment control manual shall be used to ensure stabilization.
(D) 
Soil stockpiles must be stabilized or covered at the end of each workday, and may not be placed on any public roadway or on private property without the written consent of the property owner.
(E) 
At the close of the construction, the entire site must be stabilized, using a heavy mulch layer, or another method that does not require germination to control erosion.
(F) 
Techniques shall be employed to prevent the blowing of dust or sediment from the site.
(G) 
Techniques that divert upland runoff past disturbed slopes shall be employed.
(3) 
Sediment controls.
(A) 
Sediment controls shall be provided in the form of settling basins or sediment traps or tanks, and perimeter controls.
(B) 
Where possible, settling basins shall be designed in a manner that allows adaptation to provide long-term stormwater management.
(C) 
Adjacent properties shall be protected by the use of a vegetated buffer strip, in combination with perimeter controls.
(4) 
Waterways and watercourses.
(A) 
When a wet watercourse must be crossed regularly during construction, a temporary stream crossing shall be provided, and an approval obtained from the town as well as other governing agencies.
(B) 
When in-channel work is conducted, the channel shall be stabilized before, during and after work.
(C) 
All on-site stormwater conveyance channels shall be designed according to the criteria outlined in town erosion and sediment control manual.
(D) 
Stabilization adequate to prevent erosion must be provided at the outlets of all pipes and paved channels.
(5) 
Construction site access.
(A) 
A temporary access road shall be provided at all sites.
(B) 
Other measures may be required at the discretion of the town in order to ensure that sediment is not tracked onto public streets by construction vehicles, or washed into storm drains.
(Ordinance 04-2, sec. V, adopted 7/28/04)
(a) 
The town or designated agent shall make inspections as hereinafter required and shall either 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 town shall be maintained at the site during the progress of the work. In order to obtain inspections, the permittee shall notify the town at least two (2) working days before the following:
(1) 
Start of construction.
(2) 
Erosion and sediment control measures are in place and stabilized.
(3) 
Site clearing and rough grading has been completed.
(4) 
Final grading has been completed.
(5) 
Close of the construction.
(6) 
Final landscaping.
(b) 
The town or its designated agent shall enter the property of the applicant as deemed necessary to make regular inspections to ensure that all control measures [are] in accordance with the inspection schedule outlined on 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.
(Ordinance 04-2, sec. VI, adopted 7/28/04)
(a) 
Stop work order; revocation of permit.
In the event that any person holding a site development permit pursuant to this article 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, the town may suspend or revoke the site development permit.
(b) 
Violations; penalty.
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 article. Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this article 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 in accordance with the general penalty provided in section 1.01.009 of this code for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this article shall be required to bear the expense of such restoration.
(Ordinance 04-2, sec. VII, adopted 7/28/04; Ordinance adopting Code)