§ 30-142. Design requirements.

Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the most recent version of this Code and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the town and the state department of environmental protection.

(1)

Clearing and grading. Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other chapters of this Code. Clearing techniques that retain natural vegetation and retain natural drainage patterns, as described in this Code, shall be used to the satisfaction of the town and the state department of environmental protection. Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized. Cut and fill slopes shall be no greater than 2:1, except as approved by the state department of environmental protection to meet other community or environmental objectives.

(2)

Phasing. Phasing shall be required on all sites disturbing greater than 30 acres, with the size of each phase to be established at plan review and as approved by the town.

(3)

Erosion control. Soil must be stabilized within five days of clearing or inactivity in construction. If vegetative erosion control methods, such as seeding, have not become established within two weeks, the town may require that the site be reseeded, or that a non-vegetative option be employed. On steep slopes or in drainageways, special techniques that meet the design criteria outlined in the State Erosion and Sediment Control Designer and Reviewer Manual shall be used to ensure stabilization. Soil stockpiles must be stabilized or covered at the end of each workday. At the close of the construction season, if applicable, the entire site must be stabilized, using a heavy mulch layer, or another method that does not require germination to control erosion. Techniques shall be employed to prevent the blowing of dust or sediment from the site. Techniques that divert upland runoff past disturbed slopes shall be employed.

(4)

Sediment controls. Sediment controls shall be provided in the form of settling basins or sediment traps or tanks, and perimeter controls. Where possible, settling basins shall be designed in a manner that allows adaptation to provide long-term stormwater management. Adjacent properties shall be protected by the use of a vegetated buffer strip, in combination with perimeter controls.

(5)

Waterways and watercourses. When a wet watercourse must be crossed regularly during construction, a temporary stream crossing shall be provided, and an approval obtained through the environmental resource permitting program from the St. Johns River Water Management District. When in-channel work is conducted, the channel shall be stabilized before, during and after work. All on-site stormwater conveyance channels shall be designed according to the criteria outlined in the State Erosion and Sediment Control Designer and Reviewer Manual. Stabilization adequate to prevent erosion must be provided at the outlets of all pipes and paved channels

(6)

Construction site access. A temporary access road shall be provided at all sites. Other measures may be required at the discretion of the town and the state department of environmental protection in order to ensure that sediment is not tracked onto public streets by construction vehicles, or washed into storm drains.

(7)

Inspections. The town and the state department of environmental protection or designated agent shall make inspections as hereinafter required and shall either 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 town and the state department of environmental protection, shall be maintained at the site during the progress of the work. In order to obtain inspections, the permittee is required to notify the state department of environmental protection at least two working days prior to commencement of construction through the intent to issue, and when the site has reached the appropriate level of stabilization needed to file a notice of termination. The permittee shall also notify the town at least two working days prior to the following:

a.

Start of construction.

b.

Erosion and sediment control measures are in place and stabilized.

c.

Site clearing has been completed.

d.

Rough grading has been completed.

e.

Final grading has been completed.

f.

Close of the construction.

g.

Final landscaping.

The permittee or his agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved erosion and sediment control plan. 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 town at the time interval specified in the approved permit. The town, the state department of environmental protection or either of its designated agents shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of filed reports.

(8)

Enforcement. In the event that any person holding a site development permit pursuant to this article violates the terms of the permit, or implements site development in such a manner as to materially adversely affect the health, welfare, or safety or 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 town may suspend or revoke the site development permit.

(9)

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 article. Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this article 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 as allowed by law 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 article shall be required to bear the expense of such restoration.

(Ord. No. 2017-02, § 1(34-176), 1-24-2017; Ord. No. 2017-21, § 1(34-176), 12-12-2017)