§ 28-15. Existing uncovered areas.

(a)

All uncovered sites existing on the effective date of this chapter which resulted from land-disturbing activity, which exceed 5,000 square feet, are subject to continued accelerated erosion and which are causing offsite damage from sedimentation shall be provided with a ground cover or other protective measures, structures or devices sufficient to restrain accelerated erosion and control offsite sedimentation.

(b)

The town shall serve upon the landowner or other person in possession or control of the land, a written notice of violation to comply with the Act, this chapter, a rule or order adopted or issued pursuant to the Act or by the town. The notice shall be sent by either registered or certified mail, return receipt requested, or other means reasonably calculated to give actual notice. The notice will set forth the measures needed to comply and will state the time within which such measures must be completed. In determining the measures required and the time allowed for compliance, the authority serving notice shall take into consideration the economic feasibility, technology and quantity of work required and shall set reasonable and attainable time limits for compliance.

(c)

The town reserves the right to require preparation and approval of an erosion control plan in any instance where extensive control measures are required.

(d)

This section shall not require ground cover on cleared land forming the future basin of a planned reservoir.

(Ord. No. 09-04-017, § I, 4-1-2009)