CHAPTER 5.16:
EROSION AND SEDIMENT CONTROL
Section
5.16.050 Erosion and sediment control plan
5.16.010 INTRODUCTION/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 (sanitary sewers are owned and operated by the City of Indianapolis) 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 City. This chapter 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 of earth on land in the City. (Ord. 5.10, passed 2-19-2007)
5.16.020 DEFINITIONS.
CLEARING. Any activity that removes the vegetative surface cover.
DRAINAGE WAY. Any channel that conveys surface runoff throughout the site.
EROSION CONTROL. A measure that prevents erosion.
EROSION AND SEDIMENT CONTROL PLAN. 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.
GRADING. Excavation or fill of material, including the resulting conditions thereof.
PERIMETER CONTROL. A barrier that prevents sediment from leaving a site 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 completed 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 City.
WATERWAY. A channel that directs surface runoff to a watercourse or to the public storm drain. (Ord. 5.10, passed 2-19-2007)
5.16.030 PERMITS.
(A) No land-disturbing activity that would require the uncovering of one acre or more shall be initiated without a site development permit from the City. A site development permit will not be issued without the approval of the owner’s or developer’s erosion and sediment control plan by the City.
(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; or
(2) Existing nursery and agricultural operations conducted as a permitted main or accessory use.
(C) 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.
(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 erosion and sediment control plan.
(E) The applicant may, at the option of the City, be required to file with the City a faithful performance bond, letter of credit, or other improvement security in an amount deemed sufficient by the City to cover all costs of improvements, landscaping, maintenance of improvements for such period as specified by the City, and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site. (Ord. 5.10, passed 2-19-2007)
5.16.040 REVIEW AND APPROVAL.
The City will review each application for a site development permit to determine its conformance with the provisions of this regulation. Upon review, the City 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 reason(s) and procedure for submitting a revised application and/or submission. (Ord. 5.10, passed 2-19-2007)
5.16.050 EROSION AND SEDIMENT CONTROL PLAN.
(A) An erosion and sediment control plan shall be submitted for review for any land-disturbing activity that would require the uncovering of one acre or more.
(B) The erosion and sediment control plan shall be developed in accordance with 327 327 15-5 (“Rule 5”).
(C) The erosion and sediment control plan shall include a notice of intent letter as described in 327 327 15-5-5.
(D) Grading, erosion control practices, sediment control practices and waterway crossings shall meet the design criteria set forth in the most recent version of the State of Indiana’s Stormwater Quality Manual, and shall be adequate to the satisfaction of the City to prevent transportation of sediment from the site. Cut and fill slopes shall be no greater than 3:1, except as approved by the City to meet other community or environmental objectives.
(E) Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized. (Ord. 5.10, passed 2-19-2007)
5.16.060 INSPECTION.
(A) The City, 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 erosion and sediment control plan as approved. Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the City shall be maintained at the site during the progress of the work. To obtain inspections, the permittee shall notify the City by written notice to the City Hall, located at 6901 Derbyshire Road, 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; and
(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 plans. 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 City at the time interval specified in the approved permit.
(C) The City, or its designated agent, shall enter the property of the applicant as deemed necessary by the City to make regular inspections to ensure the validity of the reports.
(D) Inspections will be performed in accordance with the following inspection report:
(Ord. 5.10, passed 2-19-2007)
5.16.070 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 City may issue a stop-work order, and may suspend or revoke the site development permit.
(B) Violation and penalties. 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 chapter. Any person violating any of the provisions of this chapter shall be responsible for such chapter violation and each day during which any violation of any of the provisions of this chapter 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 of not more than $2,500 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 chapter shall be required to bear the expense of such restoration. (Ord. 5.10, passed 2-19-2007)