Ashland City Zoning Code
SOIL EROSION
AND SEDIMENT CONTROL
§ 157.145 PURPOSE AND FINDINGS.
(A) Erosion and resultant sedimentation problems are caused from rainfall and runoff over unprotected soil. Erosion is increased by intense rainfalls, long slopes, steep slopes and lack of adequate vegetative cover. These conditions are in part caused by or aggravated by improper construction, grading or excavation which results in removal of natural ground cover without taking appropriate steps to control erosion problems.
(B) It is hereby determined that unnecessary soil erosion and sedimentation necessitates costly repairs and maintenance of storm sewers, gutters, and other public works, reduces the clarity of public water, increases the costs of providing pure drinking water, and reduces the attractiveness and safety of water-oriented recreation facilities; that the public health, safety and welfare requires regulation of land balancing, development and construction activities to avoid unnecessary soil erosion; and that the regulations contained in this chapter are the minimum regulations which will help avoid the consequences herein set forth and protect the public health, safety and welfare.
(Prior Code, § 157.145) (Ord. 101-1986, passed 10-7-1986)
§ 157.146 APPLICABILITY OF PROVISIONS.
The provisions of this subchapter apply to every lot in the city except where the following occur.
(A) Excavation below finished grade:
(1) For basements and footings of a one-family or two-family residential structure;
(2) For retaining walls;
(3) For swimming pools;
(4) For cemeteries for human or animal burial; or
(5) For accessory structures related to one-family or two-family structures authorized by this chapter.
(B) An excavation or fill provided it:
(1) Is less than four feet in vertical depth/height at its deepest point as measured from the natural ground;
(2) Does not result in a total quantity of more than 100 cubic yards of material being removed from, deposited on or disturbed on any lot, parcel or subdivision thereof;
(3) Does not impair existing surface drainage, constitute a potential erosion hazard, or act as a source of sedimentation to any adjacent land or watercourse;
(4) Has no final slopes steeper than one foot vertical for three feet horizontal;
(5) Has proper vegetative cover reestablished as soon as possible on all disturbed areas; and
(6) Has no fill placed on a surface having a slope steeper than five feet horizontal to one foot vertical.
(C) Accepted agricultural land management practices such as plowing, cultivation, construction of agricultural structures, nursery operations such as the removal and/or transplanting of cultivated sod, shrubs and trees, tree cuttings at or above existing ground level, and logging operations leaving the stump, ground cover and root mat intact.
(D) Grading, provided:
(1) The aggregate area(s) affected, or stripped at any one time does not exceed 10,000 square feet;
(2) The grade change does not exceed 18 inches at any point and does not alter the drainage pattern;
(3) Proper vegetative cover is reestablished as soon as possible on all disturbed areas; and
(4) The grading does not involve a quantity of material in excess of 100 cubic yards.
(E) Installation of lateral sewer lines, telephone lines, electricity lines, gas lines or other public service facilities.
(Prior Code, § 157.146) (Ord. 101-1986, passed 10-7-1986)
§ 157.147 REQUIREMENTS; GRADING PERMIT.
For uses and activities covered under this section, no grading, excavation or filling shall occur and a building permit shall not be issued until a grading permit has been issued by the Zoning Administrator. To receive approval of a grading permit, the owner must submit an erosion control plan that applied accepted soil erosion and sediment control procedures to the lot’s unique physical conditions and the type of proposed construction or soil-disturbance activity. In reviewing the plan, the Zoning Administrator may seek comments of the Boyd and Greenup Counties Soil Conservation District or any city department or government agency. The objectives of the review will be to determine whether the plan will adequately reduce soil erosion and result in stable soil conditions at the conclusion of the construction or soil-disturbance activity. If the applicant is required to submit a site development plan under provisions of §§ 157.160 through 157.166, the soil erosion plan shall be an integral part of the site development plan.
(Prior Code, § 157.147) (Ord. 101-1986, passed 10-7-1986)