Chapter 15.50
EROSION CONTROL AND WATERCOURSE PROTECTION

DURING SITE DEVELOPMENT

Sections:

15.50.010    Introduction and purpose.

15.50.020    Definitions.

15.50.030    Application.

15.50.040    Permits.

15.50.050    Review and approval.

15.50.060    Plan, report, and schedule requirements (erosion and sediment control plans, soils engineering report, engineering geology report and work schedule).

15.50.070    Design requirements.

15.50.080    Inspection.

15.50.090    Enforcement.

15.50.100    Project termination.

15.50.110    Separability.

15.50.010 Introduction and purpose.

During the construction process, soil is highly vulnerable to erosion by wind and water. 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 cause the loss of native vegetation necessary for terrestrial and aquatic habitat.

As a result, the purpose of this local regulation is to safeguard persons, protect property, and prevent damage to the environment in the town of Highland. This chapter, in conjunction with 327 327 15-5 (also called Rule 5), 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 and/or disturbance of earth on land in the town of Highland. [Ord. 1344 § 1, 2007. Code 2000 § 210.180].

15.50.020 Definitions.

The following definitions shall apply throughout the chapter unless the context clearly indicates or requires a different meaning:

“Applicant” means any person who submits an application to the town of Highland for a permit pursuant to this chapter.

“Best management practice” means a technique or series of techniques which are proven to be effective in controlling runoff, erosion, and sedimentation.

“Borrow” means earth material acquired from an off-site location for use in grading on a site.

“Certified contractor” means a person who has received training and is licensed by the state of Indiana to inspect and maintain erosion and sediment control practices.

“Clearing” means any activity that removes the vegetative surface cover.

“Director of public works” means the director of public works of the town of Highland and his/her duly authorized designees.

“Drainage way” means any channel that conveys surface runoff throughout the site.

“Erosion and sediment control plan” means a set of plans 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” means a measure that prevents erosion.

“Grading” means excavation or fill of material, including the resulting conditions thereof.

“Perimeter control” means a barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.

“Phasing” means clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next.

“Sediment control” means measures that prevent eroded sediment from leaving the site.

“Site” means a parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation.

“Site development permit” means 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” means the use of practices that prevent exposed soil from eroding.

“Start of construction” means 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” means any body of water, including but not limited to lakes, ponds, rivers, streams, and bodies of water delineated by the town of Highland.

“Waterway” means a channel that directs surface runoff to a watercourse or to the public storm drain. [Ord. 1344 § 1, 2007. Code 2000 § 210.181].

15.50.030 Application.

The requirements under this rule apply to all land-disturbing activity on a site which is one or more acres in area, and all activity described in 327 327 15-5-2. The town of Highland maintains the right to inspect sites of less than one acre, and require property owners to correct erosion control deficiencies on their site. Individuals who own lots of less than one acre in area will be required to complete and acquire town approval of their homeowner’s erosion control form before receiving their building permit. [Ord. 1344 § 1, 2007. Code 2000 § 210.182].

15.50.040 Permits.

(A) No person shall be granted a site development permit for land-disturbing activity that would require the uncovering of one or more acres, without the approval of an applicant-submitted erosion and sediment control plan by the town of Highland, and documented proof of submission of a completed Rule 5 notice of intent (NOI) letter form to the Indiana Department of Environmental Management, and documented proof of submission or proof of publication to the Indiana Department of Environmental Management. Additionally, while not required to acquire a permit, sites of less than one acre shall still fall under the authority of the town of Highland. The town of Highland maintains the right to inspect sites of less than one acre, and require property owners to correct erosion control deficiencies on their sites.

(B) 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.

(3) Cemetery graves.

(C) The applicant shall include all information required pursuant to 327 327 15-5-5 on the application.

(D) Each application shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the applicant-submitted erosion and sediment control plan and that a town-permitted and -certified contractor shall be on site on all days when construction or grading activity takes place.

(E) The applicant shall be required to file with the town of Highland a faithful performance bond, letter of credit, or other improvement security in an amount deemed sufficient by the town of Highland to cover all costs of improvements, landscaping, maintenance of improvements for such period as specified by the town of Highland and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site.

(F) Construction projects which are sponsored and/or paid for by the town of Highland shall not be required to acquire permits.

(G) Construction projects which are sponsored and/or paid for by the town of Highland shall be required to comply with the erosion control requirements detailed in this chapter. [Ord. 1344 § 1, 2007. Code 2000 § 210.183].

15.50.050 Review and approval.

(A) The town of Highland building department shall review each application for a site development permit to determine its conformance with the provisions of this chapter and 327 327 15-5. Within 28 days after receiving an application, the building department shall, in writing:

(1) Approve the permit application;

(2) Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this chapter, 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 building department to act on an original or revised application within 28 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 building department. Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the building department. [Ord. 1344 § 1, 2007. Code 2000 § 210.184].

15.50.060 Plan, report, and schedule requirements (erosion and sediment control plans, soils engineering report, engineering geology report and work schedule).

(A) The applicant-submitted erosion and sediment control plan shall include all the requirements of 327 327 15-5-6.5.

(B) Modifications to the plan shall be processed and approved or disapproved in the same manner as HMC 15.50.040, may be authorized by the Highland building department, by written authorization to the permittee, and shall include:

(1) Major amendments of the applicant-submitted erosion and sediment control plan submitted to the Highland building department.

(2) Field modifications of a minor nature. [Ord. 1555 § 2, 2014].

15.50.070 Design requirements.

(A) Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in 327 327 15-5, and the most recent version of the town of Highland Municipal Code, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the town building inspector. Cut and fill slopes shall be no greater than 3:1, except as approved by the building department to meet other community or environmental objectives.

(B) Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with the town of Highland Municipal Code. Clearing techniques that retain natural vegetation and drainage patterns, as described in the infrastructure specifications, shall be used to the satisfaction of the building department.

(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) Erosion control measures shall comply with 327 327 15-5.

(E) Sediment control measures shall comply with 327 327 15-5.

(F) Waterway and watercourse protection measures shall comply with 327 327 15-5.

(G) Construction site access requirements shall include:

(1) A temporary access road provided at all sites.

(2) All other measures required by the town of Highland and 327 327 15-5 in order to ensure that sediment is not tracked onto public streets by construction vehicles or washed into storm drains.

(H) Post-construction control measures in the form of structural and/or non-structural best management practices are required. Post-construction storm water best management practices shall follow Indiana’s Storm Water Quality Manual as a guidance document. Plans and specifications for post-construction control measures shall comply with 327 327 15-5-6.5(a)(8).

(I) A soils engineering report, when required by the town building inspector, based upon his/her determination that the condition of the soils is unknown or unclear so that additional information is required to protect against erosion or other hazard, shall be based on adequate and necessary test borings, and shall contain all the information listed below. Recommendations included in the report and approved by the town building inspector shall be incorporated in the grading plans and/or specifications.

(1) Data regarding the nature, distribution, strength, and erodibility of existing soils.

(2) If applicable, data regarding the nature, distribution, strength, and erodibility of soil to be placed on the site.

(3) Conclusions and recommendations for grading procedures.

(4) Conclusions and recommended designs for interim soil stabilization devices and measures, and for permanent soil stabilization after construction is completed.

(5) Design criteria for corrective measures when necessary.

(6) Opinions and recommendations covering the stability of the site.

(J) An engineering geology report; when deemed necessary by the town building inspector, based upon his/her determination that the condition of the soils is unknown or unclear so that additional information is required to protect against erosion or other hazard, shall be provided based on adequate and necessary test borings, giving an adequate description of the geology of the site with conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and giving opinions and recommendations covering the adequacy of sites to be developed by the proposed land-disturbing activity. Recommendations included in the report and approved by the town building inspector shall be incorporated into the grading plans and/or specifications.

(K) A work schedule must be submitted to the town building inspector, and must include the following information:

(1) Proposed grading schedule.

(2) Proposed schedule for installation of all erosion and sediment control measures including, but not limited to, the stage of completion of erosion and sediment control devices and vegetative measures.

(3) Schedule for construction of final improvements, if any.

(4) Schedule for installation of permanent erosion and sediment control devices. [Ord. 1555 § 2, 2014].

15.50.080 Inspection.

(A) The town building inspector or 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 applicant-submitted erosion and sediment control plan as approved. Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the town of Highland shall be maintained at the site during the progress of the work. To obtain inspections, the permittee shall notify the Highland building department at least two working days before the following:

(1) Start of construction.

(2) Installation of sediment and erosion measures.

(3) Completion of site clearing.

(4) Completion of rough grading.

(5) Completion of final grading.

(6) Close of the construction season.

(7) Completion of final landscaping.

(B) The permittee or his/her agent shall make regular inspections of all control measures 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. All inspections shall be documented in written form and submitted to the building department at the time interval specified in the approved permit.

(C) The town building inspector or its designated agent shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the applicant-provided reports. [Ord. 1344 § 1, 2007. Code 2000 § 210.187].

15.50.090 Enforcement.

(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, the building inspector or the director of public works may suspend or revoke the site development permit.

(1) Any person who violates this chapter shall be subject to a fine not to exceed $100.00. Every day any violation of this chapter shall continue shall constitute a separate offense. The town of Highland may recover all attorneys’ fees, court costs and other expenses associated with enforcement of this chapter.

(2) Any person who violates, disobeys, neglects or refuses to comply with or who resists enforcement of any of the provisions of this chapter shall, upon prosecution, be fined not more than $2,500 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

(3) Any person who violates this chapter, in addition to any other penalty or fine authorized herein, shall bear the expense of any necessary remediation or restoration resulting from the violation. [Ord. 1344 § 1, 2007. Code 2000 § 210.188].

15.50.100 Project termination.

Once the construction activity is completed (by rule language, when final stabilization has occurred), a completed Rule 5 notice of termination (NOT) form must be submitted to the town of Highland for verification. Once verified, the town of Highland will return the NOT form to the project site owner. The project site owner must then submit the NOT form to IDEM. [Ord. 1344 § 1, 2007. Code 2000 § 210.189].

15.50.110 Separability.

The provisions and sections of this chapter shall be deemed separable, and the invalidity of any portion of this chapter shall not affect the validity of the remainder. [Ord. 1344 § 1, 2007. Code 2000 § 210.190].