§ 28-5. Mandatory standards for land-disturbing activity.

No land-disturbing activity subject to the control of this chapter shall be undertaken except in accordance with the following mandatory standards:

(a)

Buffer zone. No land-disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within the 25 percent of the buffer zone nearest the land-disturbing activity.

(1)

Projects on, over or under water. This subsection shall not apply to a land-disturbing activity in connection with the construction of facilities to be located on, over, or under a lake or natural watercourse.

(2)

Buffer measurement. Unless otherwise provided, the width of a buffer zone is measured from the edge of the water to the nearest edge of the disturbed area, with the 25 percent of the strip nearer the land-disturbing activity containing natural or artificial means of confining visible siltation.

(b)

Graded slopes and fills. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control devices or structures. In any event, slopes left exposed shall, within 21 calendar days, be planted or otherwise provided with temporary or permanent ground cover, devices, or structures sufficient to restrain erosion.

(c)

Fill material. Unless a permit from the departments division of waste management to operate a landfill is on file for the official site, acceptable fill material shall be free of organic or other degradable materials, masonry, concrete and brick exceeding 12 inches, and any materials which would cause the site to be regulated as a landfill of the state.

(d)

Ground cover. Whenever land-disturbing activity is undertaken where more than 5,000 square feet is uncovered, the person conducting the land-disturbing activity shall install such sedimentation and erosion control devices and practices as are sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the tract during construction upon and development of such tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development. Except as provided in subsection 28-8(b)(5), provisions for a ground cover sufficient to restrain erosion must be accomplished within 15 working days or 90 calendar days, following completion of construction or development whichever period is shorter.

(e)

Prior plan approval. No person shall initiate any land-disturbing activity that will disturb more than 5,000 square feet on a tract unless, 30 or more days prior to initiating the activity, a soil erosion and sedimentation control plan is filed with and approved by the town. An erosion and sedimentation control plan may be filed less than 30 days prior to initialization of a land-disturbing activity if the plan is submitted under an approved express permit program. The land-disturbing activity may be initiated and conducted in accordance with the plan once the plan has been approved. The town shall forward to the director of the division of water quality a copy of each plan for a land-disturbing activity that involves the utilization of ditches for the purpose of dewatering or lowering the water table of the tract

(f)

The land-disturbing activity shall be conducted in accordance with the approved erosion and sedimentation control plan.

(Ord. No. 09-04-017, § I, 4-1-2009)