[HISTORY: Adopted by the City Council of the City of Papillion 10-4-2005
by Ord. No. 1473. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and other construction codes — See Ch. 92.
All construction of buildings or structures, including any grading or
disturbed areas on properties of one acre or smaller, shall comply with all
the provisions in this chapter. This chapter is designed to minimize erosion
on disturbed areas, minimize the discharge of sediment and other pollutants
in stormwater runoff; and maintain compliance with this Code. These provisions
shall not circumvent a builder's or developer's responsibility to provide
and maintain erosion control measures by other governmental authorities (e.g.,
NDEQ, EPA and others).
All disturbed areas shall incorporate erosion control and sediment retention
practices in accordance with best management practices found in other regulatory
provisions used to manage construction sites of one acre or larger. The controls
utilized may vary from site to site, but controls used shall be effective
in minimizing erosion and sediment release from the site and in protecting
the adjacent properties and adjacent public rights-of-way.
A.
Practices and controls that should be considered for
implementation may include, but are not limited to, the following:
(1)
Horizontal slope grading.
(2)
Temporary or permanent terraces, berms, cuts or other
physical structures placed horizontal to sloped surfaces.
(3)
Silt fences, bale barriers, check dams or other physical
barriers placed at intervals in drainageways, on sloped surfaces and at property
boundaries.
(4)
Geotextile mates, rip rock or other methods to prevent
erosion in drainageways and below conduit outlets.
(5)
Storm drain inlet protection (i.e., gravel filter or
silt fence).
(6)
The use of existing vegetation and revegetation.
B.
Physical erosion and sediment control measures used at
construction sites covered in this chapter shall comply with the design standards
specified and adopted by the Papillion Public Works Department.
C.
All installed erosion control measures shall be inspected
after any storm event where more than 1/2 inch of rain is received. All silt
fences and similar structures shall be maintained in good working condition
and shall be reestablished and cleaned if more than 1/3 of any fence height
is holding silt or soil.
The following conditions shall apply to all construction sites of one
acre or less, but shall not preempt any more stringent requirement found in
this Code or any other regulatory rules or regulations enforced by federal,
state or regional agency.
A.
General conditions.
(1)
Failure to comply with the provisions of this chapter
may be grounds for administrative actions or enforcement proceedings, including
stop-work orders authorized by the Chief Building Official in accordance with
similar Code sections authorized by the International Building or Residential
Code.
(2)
The issuance of a building permit does not authorize
any damage to private property or any invasion of personal rights, nor any
infringement of federal or state regulations.
(3)
A property owner shall allow the Chief Building Official
or his authorized representative, upon the presentation of his identification,
and at a reasonable time, to enter upon the premises where erosion control
measures are installed to assess condition and level of maintenance required
in order to issue any corrective orders.
Any person who violates any of the provisions of this chapter shall
be deemed guilty of a misdemeanor. Unless otherwise specified in the particular
section for which a person stands convicted of violating, the penalty for
such violation shall be in any amount not exceeding $500 or imprisonment up
to six months at the discretion of the sentencing court.
