Before clearing land of vegetation which may cause shoreline erosion, please contact the Prince's Lakes Town Building Inspector and request, in writing, permission from the WLCD Board. EROSION CONTROL IS OUR NUMBER ONE PRIORITY TO PROTECT OUR LAKE! No vegetation may be removed four (4) feet from shoreline upward to property. Vegetation supports the shoreline from erosion and provides a healthy ecosystem.
From Prince's Lakes Town Code of Ordinances:
EROSION AND SEDIMENT CONTROL
The purpose of
this chapter is to minimize the amount of sediment and other pollutants,
resulting from soil erosion due to land disturbing activities, from being
transported off-site to adjacent public or private lands including ditches,
streams, lakes, wetlands and reservoirs.
(Ord. 172, § 9-100, passed 4-5-90)
All erosion
control measures including, but not limited to those required to comply with
this chapter shall meet the design criteria, standards and specifications for
erosion control measures similar to or the same as those outlined in the Field
Office Technical Guide of the USDA Soil Conservation Service.
(Ord. 172, § 9-200, passed 4-5-90)
§ 152.102 CONTROL OF EROSION AND SEDIMENT DURING LAND
DISTURBING ACTIVITIES.
Control of erosion
and sediment is the responsibility of an applicant. Applicability and
requirements are defined as follows:
(A) Applicability.
This section applies to the following sites with land disturbing activities:
(1) Those
requiring a subdivision plat approval or local improvement location permit for
the construction of commercial, residential, or institutional buildings on lots
of approved subdivision plats;
(2) Those
involving grading, removal of protective ground cover or vegetation,
excavation, land filling or other land disturbing activity affecting a
surface area of 10,000 square feet or more;
(3) Those
involving excavation, filling, or a combination both affecting 400 cubic yards
or more of soil, sand, gravel, stone, or other material;
(4) Those
involving street, highway, road, or bridge construction, enlargement,
relocation, or reconstruction; and
(5) Those
involving the laying, repairing, replacing, or enlarging of an underground pipe
or utility for a distance of 300 feet or more.
(B) Erosion
and other sediment control requirements. The following requirements shall be
met on all sites.
(1) Site drainage. Sediment-laden water flowing from the site shall be detained by temporary sediment basins. Also, water shall not be discharged in a manner that causes erosion in the receiving channel.
(2) Tracking.
Sediment being tracked from a site onto public or private roadways shall be
minimized. This can be accomplished initially by a well planned layout of
roads, access drives, and parking areas of sufficient width and length.
However, protective covering also may be necessary.
(3) Sediment
removal. Public or private roadways shall be kept cleared of accumulated
sediment. If appreciable sedimentation occurs after a storm event, the sediment
shall be deposited on the parcels of land, if in the site, from where it likely
originated.
(4) Drain
inlet protection. All storm drain inlets shall be protected against
sedimentation with straw bales, filter fabric, or equivalent barriers meeting
accepted design criteria, standards, and specifications.
(5) Site
erosion control. The following items apply only to the time period when
land disturbing activities are taking place.
(a) Runoff
passing through a site from adjacent areas shall be controlled by diverting it
around disturbed areas. Alternatively, the existing channel may be improved to
prevent erosion or sedimentation from occurring.
(b) Runoff
from a disturbed area shall be controlled by one or more of the following
measures.
1. Barring
unforeseeable weather conditions, all disturbed ground left inactive for seven
or more days shall be stabilized prior to insert applicable date here, by
seeding, sodding, mulching, covering, or by other equivalent erosion control
measures.
2. With
disturbed areas within a site of ten acres or more, where drainage is in the
same direction or where runoff will result in loss of soil, an abatement or
recovery program is required. Where feasible, one or more sediment basins shall
be constructed. Each sediment basin shall have a depth of at least three feet
and have sufficient surface area to trap the sediment. The size of
sedimentation basin should be at least 1% of its drainage area. Sediment shall
be removed from time to time to maintain a minimum three-foot depth. When the
disturbed area is stabilized, the sediment basin can be removed. However, if
erosion is likely to continue, the sediment basin shall be maintained by the
existing or subsequent landowners. The discharge rate from a sediment basin
shall not cause scouring in the receiving channel.
3. With
disturbed areas within a site of less than ten acres, filter fences, straw
bales, or equivalent erosion control measure, placed along all side slope and
downslope sides of the site, shall be required. Also, if concentrated runoff
passes through the site, filter fences shall be placed along the edges of the
concentrated flow area to reduce the amount of sediment removed from the site.
However, if these measures are not sufficient to control off-site sedimentation,
a sediment basin may still be required.
(c) Erosion
from all soil storage piles shall be controlled by placing straw bales, filter
fence, or other appropriate barriers around the piles. Adjacent storm drain
inlets shall be protected using similar filter barriers. Moreover, any soil
storage pile containing more than ten cubic yards of material shall be located
at least 25 feet upslope from a roadway or a drainage channel. Furthermore, if
remaining in existence for more than seven days, the storage pile shall a
stabilized by mulching, vegetative cover, tarps, or other means. Storage piles
containing less than ten cubic yards of material may be located closer than 25
feet to a roadway or a drainage channel but shall be covered with tarps or a
suitable alternative if in existence for less than seven days. However, if a
pile is in existence for more than seven days, barriers also shall be placed
around the pile.
(Ord. 172, § 9-300, passed
4-5-90) Penalty, see § 152.999
During the period
of land disturbance at a site, all sediment basins and other erosion control
measures necessary to meet the requirements of this chapter shall be applied by
the applicant or subsequent landowner. If sedimentation is likely to be a problem
after land disturbing activities have ceased, some or all of the sediment
basins and other erosion control measures shall be maintained by the applicant
or subsequent landowner for as long as the problem exists.
(Ord. 172, § 9-400, passed 4-5-90)
No person shall
begin a land disturbing activity subject to this chapter without receiving
approval of an erosion control plan. An application should be made at the time
of the preliminary plat submittal or local improvement location permit
application to minimize the time delay before a project can begin.
(A) Content
of erosion control plan for land disturbing activities covering more "than
one acre in a given site.
(1) Existing
site map. A map of existing site conditions on a minimum scale of one inch
equals 100 feet and adequate to show the site and adjacent areas, including:
(a) Site
boundaries and adjacent lands which accurately identify the site location;
(b) Lakes,
streams, wetlands, channels, ditches, and other water courses on and adjacent
to the site;
(c) One hundred year floodplain, floodway fringes, and floodway;
(d) Location of the predominant soil types as identified by the soil survey or as determined by a certified professional soil scientist;
(e) Vegetative cover such as grass, weeds, and trees;
(f) Location
and dimensions of storm water drainage systems and natural drainage patters on
and immediately adjacent to the site;
(g) Locations
and dimensions of utilities, structures, roads, highways, and paving; and
(h) Site
topography at a contour interval not to exceed five feet.
(2) Plan
of final site conditions. A plan of final site conditions on the same scale
as the existing site map showing the site changes.
(3) Site
construction plan. A site construction plan including:
(a) Locations and dimensions of all proposed land disturbing activities;
(b) Locations
and dimensions of all temporary soil stockpiles;
(c) Locations
and dimensions of all erosion control measures necessary to meet the requirements
of this chapter;
(d) Schedule of the anticipated starting and completion dates of each land disturbing activity, including the installation of erosion control measures needed to meet the requirements of this ordinance; and
(e) Provisions
for maintenance of the erosion control measures during construction.
(B) Content
of erosion control plan for land disturbing activities covering less than one
acre in a given state. An erosion control plan statement describing the
site and erosion control measures and including a development schedule and a
simple map showing the locations of the control measures is all that is
required.
(C) Review of erosion control plan. The administering authority shall promptly review the application and erosion control plan in conjunction with the subdivision plat and local improvement permit application to determine whether the requirements of this chapter have been met. If the conditions are met, the administering authority shall approve the plan, inform the applicant, and issue a permit. If the conditions are not met, the administering authority shall inform the applicant in writing and either may require additional information or may disapprove the plan. If requested additional information is submitted, the administering authority shall again determine whether the plan meets the requirements of this chapter. If the plan is disapproved, the administering authority shall inform the applicant in writing giving reasons for disapproval.
(D) Permits.
(1) Surety bond. As a condition of approval and issuance of the permit, the administering authority may require the applicant to provide a surety bond or an irrevocable letter of credit when the erosion control plan has been approved to guarantee a good faith execution of the erosion control plan and any permit conditions.
(2) Permit
conditions. The applicant is required to:
(a) Notify
the building inspector at least 24 hours before commencing with any land
disturbing activity;
(b) Notify
the building inspector of the completion of erosion control measures within
seven days after their installation;
(c) Obtain
permission from the Building Inspector prior to modifying the erosion control
plan;
(d) Install all erosion control measures as identified in the approved erosion control plan.
(e) Maintain
all road drainage systems, storm water drainage systems, erosion control
measures, and other facilities identified in the erosion control plan until the
project has been terminated (see § 152.103 for continuing maintenance responsibility);
(f) Where
access may be legally obtained, remove sediment resulting from land disturbing
activities from adjacent surfaces and drainage ways and/or repair erosion damage
to adjacent surfaces and drainages.
(Ord. 172, § 9-500, passed 4-5-90)
§ 152.105 INSPECTION.
To ensure
compliance with the erosion control plan, the administering authority
shall inspect the sites having ongoing land disturbing activities at least once
a month during the period between March 1 and November 30 and at least twice
during the period between December 1 and February 28. If land disturbing
activities are being carried out without a permit, the administering authority
shall issue a stop-work order.
(Ord. 172, § 9-600, passed 4-5-90;
Am. Ord. 320, passed 5-17-04)
(A) The
Building Inspector shall post a stop-work order if:
(1) Any
land disturbing activity regulated under this chapter is being undertaken
without a permit;
(2) The erosion control plan is not being implemented in good faith; or
(3) The
conditions of the permit are not being met.
(B) Upon
appeal to the administering authority, a stop-work order or the revocation may
be retracted.
(C) Ten
days after posting a stop-work order, the Building Inspector may issue a notice
of intent to the violator stating that 14 days after issuing the notice of
intent the Building Inspector will use the surety bond to perform work
necessary to provide compliance with this chapter.
(D) If, within five days after notification, a permit holder does not comply with the erosion control plan or permit conditions, the Building Inspector shall revoke the permit.
(E) Compliance
with the provisions of this chapter also may be enforced by injunction.
(Ord. 172, § 9-700, passed 4-5-90)
§ 152.107 PROJECT TERMINATION.
(A) An
orderly and timely termination of a project with land disturbing activities
should be planned between all persons involved with a site.
(B) Nearing
the end of the project, but prior to final land grading, seeding, and mulching,
the person holding the permit should petition, in writing, the Building
Inspector to allow the installation of utility lines on the site. Those persons
involved in the installation of utility lines shall perform their work promptly
to minimize the time period during which some of the land may be left in a
relatively unprotected state. After the utility lines have been installed, the
person holding the permit shall promptly complete all erosion control
activities.
(C) When
a project has been completed, the person holding the permit shall petition, in
writing, the Building Inspector for approval of erosion control measures which
agree to remain on the site. The Building Inspector shall subsequently inspect
site to evaluate the adequacy of these control measures.
(1) If the erosion control measures are approved, any surety bonds and/or letters of credit shall be released forthrightly. However, maintenance responsibilities (see § 152.103) shall remain with the person owning the land.
(2) If the erosion control measures are not approved because they are not in line with either the erosion control plan or the general principles of this chapter, the Building Inspector shall notify, in writing, the person holding the permit of unacceptable features. After a minimum period of two weeks during which corrective measures are taken, a petition, again in writing, may be sent asking the Building Inspector to evaluate the adequacy of the erosion control measures. If, in good faith, the Building Inspector again decides that the erosion control measures are inadequate, the Building Inspector may delay the release of any surety bonds and/or letters of credit for tip to two months. After an agreed upon time period of two months or longer has elapsed without correct measures being taken, the Building Inspector may use the surety bonds to finance changes or additions to the erosion control measures needed to complete the project.
(Ord. 172,
§ 9-800, passed 4-5-90)
