The soil erosion and sediment control plan shall
meet or exceed the standards and specifications for soil erosion and
sediment control adopted by the Sussex County Soil Conservation District
and, in addition, shall meet all of the following standards:
A.Â
Each soil erosion and sediment control plan shall
contain the following data:
(1)Â
A soil map prepared by the Soil Conservation Service
upon which the proposed development shall be superimposed. The soil
boundaries shall also be shown on the plan.
(2)Â
A location and description of existing natural and
man-made features on and surrounding the site, including general topography.
(3)Â
The location and description of proposed changes to
the site.
(4)Â
Temporary and permanent measures to be utilized to
control, minimize and protect against soil erosion and sedimentation
from a proposed land disturbance, taking into account the particular
nature and characteristics of the land. The plan shall cover all stages
and aspects of the proposed land disturbances and planned development
from grading, stripping, excavation and other site preparation through
and including both final grading and the installation of permanent
improvements.
(5)Â
A schedule of the sequence of installation of planned
erosion and sediment control measures as related to the progress of
the project, including starting and completion dates.
(6)Â
All proposed revisions of data required shall be submitted
for approval.
(7)Â
A map showing existing and proposed contours, at two-foot
intervals, except where slopes are 3% or less and then one-foot intervals
are required, of the land prior to disturbance and the proposed contours
to be created.
B.Â
Each soil erosion and sediment control plan shall
conform to the following general design principles:
(1)Â
Control measures shall apply to all aspects of the
proposed land disturbance and shall be in operation during all stages
of the disturbance activity.
(2)Â
The smallest practical area of land shall be exposed
at any time during development, and, when feasible, all natural vegetation
shall be retained and protected.
(3)Â
Vegetative protection or mulching shall be used to
protect critical erosion areas during development.
(4)Â
Temporary and permanent diversions and outlets shall
be constructed or installed to accommodate the increased runoff caused
by the changed soil and surface conditions during and after development.
(5)Â
Sediment basins, debris basins, desilting basins or
silt traps shall be installed to trap and remove sediment from runoff
waters, thereby keeping grading, stripping and excavation to a minimum.
(6)Â
Adequate provisions shall be made to minimize surface
water from damaging slopes and embankments with diversion structures
consisting of temporary compacted earth embankment, bales of straw,
ditches and furrows that can quickly be constructed to intercept surface
water runoff before it reaches erodible areas.
(7)Â
Cut-and-fill slopes shall not be steeper than 1:2
unless stabilized by a retaining wall or cribbing, except as approved
by the Planning Board when handled under special conditions.
(8)Â
Adequate provisions shall be made to prevent surface
water from damaging the cut face of excavations and the sloping surfaces
of fills.
(9)Â
Cut and fills shall not endanger adjoining property.
(10)Â
Fill shall be placed and compacted so as to
minimize sliding or erosion of the soil.
(11)Â
Fills shall not encroach on natural watercourses
or constructed channels.
(12)Â
Fills placed adjacent to natural watercourses
or constructed channels shall have suitable protection against erosion
during periods of flooding.
(13)Â
Grading will not be done in such a way so as
to divert water onto the property of another landowner without the
expressed consent of the landowner and the Planning Board and adjacent
property owners and subject to recording any necessary easements.
[Amended 7-18-1994 by Ord. No. 5-1994]
(14)Â
Permanent final plant cover, lawn, ground cover,
etc., shall be installed as quickly as possible on any site.
(15)Â
Permanent improvements, such as roads, catch
basins, curbs, etc., shall be installed or constructed and completed
as quickly as possible.
(16)Â
Retention and/or detention ponds shall be constructed
whenever deemed appropriate in connection with a stormwater management
plan.
[Amended 7-18-1994 by Ord. No. 5-1994]
C.Â
All necessary soil erosion and sediment control measures installed under this section shall be adequately maintained after completion of the approved plan until such measures are approved by the Planning Board Engineer and Soil Conservation District. Prior to the acceptance of the work performed in accordance with the approved plan, provision shall be made by the applicant for a maintenance guaranty pursuant to § 215-9.
[Amended 7-18-1994 by Ord. No. 5-1994]
D.Â
Regular inspection of projects to determine execution
in accordance with the approved plan shall be carried out by the Planning
Board Engineer. The Planning Board Engineer shall determine at each
inspection whether or not the provisions of the approved plan are
being followed by the applicant. The Planning Board Engineer shall
inform the applicant, in writing, of observed deviation from the approved
plan and request immediate compliance with the plan. The Planning
Board Engineer may issue a stop-construction order if the applicant
fails to comply with the provisions of the approved plan within 10
working days. When a stop-construction order is issued, no further
construction activity may take place until the applicant is in compliance
with all provisions of the approved plan. The Construction Official
or Zoning Officer shall not issue a certificate of occupancy for a
project unless there has been compliance with the provisions of an
approved plan for permanent measures. The Planning Board Engineer
and Sussex County Soil Conservation District shall provide the Construction
Official or Zoning Officer with a report of compliance upon completion
of the project.
[Amended 7-18-1994 by Ord. No. 5-1994]
Certain words, terms and phrases which relate
directly to soil erosion and sediment control shall have the following
meanings:
A plan to control soil erosion and sedimentation, which plan
has been approved by the Planning Board and/or Sussex County Soil
Conservation District, as appropriate.
[Amended 7-18-1994 by Ord. No. 5-1994]
Detachment and movement of soil or rock fragments by water,
wind, ice and gravity.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
A plan which provides for the use of land within its capabilities
and treatment and within its practical limits, according to a chosen
use to prevent further deterioration of soil and water resources.
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water within the municipality.
Any activity involving the clearing, grading, transporting,
filling and any other activity which causes land to be exposed to
the danger of erosion.
The application of plant residue or other suitable materials
to the land surface to conserve moisture, hold soil in place and aid
in establishing plant cover.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
air, water or gravity as a product of erosion.
A barrier or dam built at suitable locations to retain rock,
sand, gravel, silt or other material.
