Ellettsville City Zoning Code
GRADING AND
EROSION CONTROL
§ 152.140 PURPOSE.
The quality of the waters of the Town of Ellettsville, Monroe County, and surrounding counties should be protected to the extent practicable by minimizing the amount of sediment and other pollutants carried by runoff or discharge from construction sites to lakes, streams, and wetlands. In addition, properties and roadways need to be protected from dangerous, unsightly, or polluting deposition of water and sediments.
(Ord. 06-12, passed 6-26-2006)
§ 152.141 DESIGN CRITERIA AND SPECIFICATIONS FOR CONTROL MEASURES.
All control measures required to comply with this subchapter shall meet the design criteria, standards, and specifications identified by the Town of Ellettsville and the Monroe County Drainage Ordinance.
(Ord. 06-12, passed 6-26-2006)
§ 152.142 MAINTENANCE OF CONTROL MEASURES.
All sedimentation basins and other control measures necessary to meet the requirements of this subchapter shall be maintained by the applicant or subsequent landowner during the period of land disturbance and land development of the site.
(Ord. 06-12, passed 6-26-2006)
§ 152.143 APPLICABILITY.
(A) This section applies to the following types of land development or land disturbing activities:
(1) Those involving grading, removal of protective ground cover of vegetation, excavation, land filling, landscaping, or other building construction activity expected to affect a surface of 1,000 square feet or more;
(2) Those involving excavation or filling or a combination of excavation and filling expected to affect 400 cubic yards or more of dirt, sand, or other excavation or fill materials;
(3) Those involving street, highway, road or bridge construction, enlargement, relocation, or reconstruction;
(4) Those involving the laying, repairing, replacing, or enlarging of an underground pipe or facility for a distance of 300 feet or more;
(5) Single-family lots are required to comply with §§ 152.144 and 152.146 of this subchapter;
(6) Those involving non-construction activities on industrial, commercial, or residential properties that lack vegetation, ground cover expected to affect a surface less than 1,000 square feet.
(B) All municipal government departments and utilities are bound by this subchapter. A memorandum of agreement will be prepared with each utility doing business within the town regarding its rights and responsibilities during land reconstruction activities.
(C) All erosion control measures shall be implemented as specified in the control plan and required by this chapter and as appropriate for the season.
(D) The Director of Planning Services or Code Enforcement Officer, upon written order or posting of a notice of violation, shall issue an abatement date of ten days to repair the affected area(s).
(E) If the person(s), company or corporation responsible for the repairs refuses to abate and repair the situation, as specified in this section, within the time specified, commits a Class E ordinance violation and shall be fined $25 for each offense daily. Unpaid fines shall be a lien on the property collected as taxes are collected and turned in to the town treasury.
(Ord. 06-12, passed 6-26-2006; Am. Ord. 09-17, passed 6-8-2009)
§ 152.144 EROSION AND POLLUTANT CONTROL REQUIREMENTS.
The following requirements shall be met on all sites described in § 152.143.
(A) Site dewatering. 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 channels.
(B) Waste and material disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials, or hazardous materials) shall be properly disposed of and not allowed to go offsite or in storm sewers.
(C) Tracking. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) by those responsible before the end of each workday.
(D) Drain inlet protection. All storm inlets shall be protected with straw bales, filter fabric, or an equivalent barrier meeting accepted design criteria, standards, and specifications.
(E) Sediment control. Sediment shall be controlled and contained on-site.
(F) Vacant land. For vacant land held for development, grass or other vegetative ground cover is required.
(G) Control plan and control schedule. The control plan and control plan schedule must be followed. Changes to the control plan and control plan schedule must be approved in writing by the Planning Department or its representative.
(H) Erosion control measures. All erosion control measures must be installed, inspected and approved by the Planning Department or its representative before land disturbing activity can take place.
(I) Disturbed areas at final grade. Disturbed areas which are at finished grade with installed utilities shall be permanently seeded within seven days.
(J) Disturbed areas not at final grade. Disturbed areas not yet at final grade with installed utilities that have no construction activity as indicated on the construction schedule and/or control plan for thirty days or more shall be established with temporary vegetation or mulching. The beginning date of disturbance shall be established by the Planning Department as indicated in a written log. The landowner shall be notified in writing of this start date if different from the construction schedule.
(K) Disturbed areas not at final grade and no construction. Disturbed areas not yet at final grade that receives no construction activity including, erection of a building structure, installation of utilities, installation of pavement, installation of sidewalks, installation of landscaping or final grading, for 30 days or more, shall be established with temporary vegetation or mulching.
(L) Inactive single-family lots. Single-family lots that remain inactive for 30 days or more shall be established with temporary vegetation. This requirement may be waived if the landowner has sold the lot and construction activity is scheduled to begin within 30 days of being sold.
(M) Erosion control on single-family lots. Single-family lots must be controlled with erosion control measures appropriate for the season.
(N) Steep slopes. Slopes over 18% which are disturbed and are at final grade with installed utilities shall be covered immediately with seeding, mulch, or other covering appropriate for the season.
(Ord. 06-12, passed 6-26-2006)
§ 152.145 PERMIT APPLICATION, CONTROL PLAN, PERMIT ISSUANCE, AND MEMORANDUM OF EROSION CONTROL RESPONSIBILITY.
(A) Permit application. For each project, at least one developer, landowner or land user desiring to undertake a land disturbance or land development activity subject to this subchapter shall submit an application for a permit and a control plan. For grading and building permits, this application shall be filed at the Monroe County Building Department. By submitting an application, the applicant is authorizing the Planning Department(s) to enter the site to obtain the information required for review of the control plan.
(B) Control plan. Site plan must be drawn to scale showing erosion control features. The services of a professional engineer may be employed at the discretion of the developer.
(C) Permit issuance. No developer, landowner or land user may commence a land disturbance or land development activity subject to this chapter without receiving approval of a control plan for the site and a permit from the Town's Planning Department or the Monroe County Building Department.
(D) Memorandum of erosion control responsibility. With such application, permittee is required to submit a memorandum of erosion control responsibility. This memorandum shall designate a responsible party for all erosion control measures. This memorandum shall incorporate this subchapter by reference and bind the applicant to all regulations contained therein. This memorandum is in effect until the project is completed or a new memorandum of erosion control responsibility is filed with the Planning Department designating a new property owner or responsible party.
(E) Required permits. For each project copies of required state and federal permits will be provided.
(F) Plan Commission approval. For projects requiring approval by the Plan Commission, no grading permits shall be issued in advance of Plan Commission approval.
(Ord. 06-12, passed 6-26-2006)
§ 152.146 CONTENT OF THE CONTROL PLAN FOR LAND DISTURBING ACTIVITIES COVERING ONE ACRE OR MORE.
The following shall be required in each control plan for land disturbing activities.
(A) Existing site map. A map of existing site conditions on a scale of at least one inch equals 100 feet, showing the site and immediately adjacent area containing:
(1) Site boundaries and adjacent lands which accurately identify site location;
(2) Lakes, streams, wetlands, ponds, channels, ditches, karst formations, and other water courses on and immediately adjacent to the site. (Note: Requires the completion of a groundwater management plan which shall specify surface and subsurface drainage ways, flows, and rates, and establishes a mechanism to accommodate stormwater flows and prevent sedimentation or blockage of natural drainage passages.)
(3) One hundred-year floodplain, flood fringes and floodways;
(4) Location of the predominant soil types;
(5) Vegetative cover;
(6) Location and dimensions of stormwater drainage patterns on and immediately adjacent to the site;
(7) Locations and dimensions of utilities, structures, roads, highways and paving; and
(8) Site topography at a contour interval not to exceed two feet.
(B) Plan of final site conditions. A plan of final site conditions on the same scale as the existing site map showing the site changes.
(C) Site construction plan. A site construction plan including:
(1) Locations and dimensions of all proposed land disturbing activities;
(2) Locations and dimensions of all temporary soil or dirt stockpiles;
(3) Locations and dimensions of all construction site management control measures necessary to meet the requirements of this subchapter;
(4) Chronological sequence of construction describing the relationship between the implementation and maintenance of controls, including permanent and temporary stabilization and the various stages or phases of earth disturbance and construction. The sequence of construction shall, as a minimum, include a schedule and time frame for the following activities:
(a) Preconstruction conference;
(b) Obtain permits and secure bonds;
(c) Clearing and grubbing for those areas necessary for installation of perimeter controls;
(d) Construction of perimeter controls;
(e) Inspection of perimeter controls;
(f) Remaining interior site clearing and grubbing;
(g) Location, type and estimated size of soil piles;
(h) Road grading;
(i) Grading for the remainder of the site;
(j) Utility installation and whether storm drains will be used or blocked after construction;
(k) Building, parking lot, and site construction;
(l) Final grading, landscaping or stabilization; and
(m) Removal of controls.
(5) Provisions for maintenance of the construction site control measures during construction.
(D) Control and design. A plan shall utilize the latest edition of the Indiana Handbook for Erosion Control in Developing Areas for technical guidance for all erosion and sediment control practices. A plan shall incorporate the following design criteria where applicable:
(1) Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described below in divisions (D)(2) and (D)(3). Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas unless shown to have resultant runoff velocities of less than 0.5 ft./sec. across the disturbed area for the set of two-year design storms. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels. (Note: Soil Conservation Service guidelines for allowable velocities in different types of channels should be followed.);
(2) For sites with ten acres or more disturbed at one time, or if a channel originates in the disturbed area, one or more sedimentation basins shall be constructed. Each sedimentation basin shall have a surface area of at least 1% of the area draining to the basin and at least three feet of depth and shall be constructed in accordance with accepted design specifications. Sediment shall be removed to maintain a depth of three feet. The basin shall be designed to trap sediment greater than 15 microns in size based on the set of two-year design storms having durations from 0.5 minutes to 24 hours. The basin discharge rate shall be sufficiently low as to not cause erosion along the discharge channel;
(3) For sites with less than ten acres disturbed at one time, filter fences, straw bales or equivalent measures shall be placed along all side slopes of the site. If a channel or area of concentrated runoff passes through the site, filter fences shall be placed along the channel edges to reduce sediment reaching the channel. Diversion ditches and other sediment control measures meeting the specifications outlined in divisions (D)(1) and (D)(2) above may be utilized at the discretion of the Planning Department;
(4) Land disturbing activity shall be performed in a construction sequence to the satisfaction of the Planning Department in order to minimize the area of bare soil exposed at any one time.
(Ord. 06-12, passed 6-26-2006)
§ 152.147 CONTENT OF CONTROL PLAN STATEMENT FOR LAND DISTURBING ACTIVITIES COVERING LESS THAN ONE ACRE.
An erosion control plan statement (with simple map) shall be submitted to briefly describe the site erosion controls (including the site development schedule) that will be used to meet the requirements of this subchapter.
(Ord. 06-12, passed 6-26-2006)
§ 152.148 REVIEW OF CONTROL PLAN.
Within five working days of receipt of the application and/or control plan statement, the office of the Planning Department shall review the application and/or control plan to determine if the requirements of this subchapter are met. This review, whenever practicable, shall be done concurrently with other related construction permit applications. The Planning Department may request comments regarding the plan or statement from other departments or agencies. If the requirements of this subchapter are met, the Planning Department shall approve the plan, inform the applicant and issue a permit. If the conditions are not met, the Planning Department shall inform the applicant in writing and either may request needed information or disapprove the plan. Within 30 days of receipt of the newly submitted information, the Planning Department shall again determine if the plan meets this subchapter's requirements. If the plan is disapproved again, the Planning Department shall inform the applicant in writing of the reasons for the disapproval. Appeal from this decision may be brought to the Board of Zoning Appeals, as provided for by I.C. 36-7-4-918.01.
(Ord. 06-12, passed 6-26-2006)
§ 152.149 PERMITS.
(A) Duration. Permits shall be valid for a period of 180 days, or run concurrently with the building permit or other construction authorizations, whichever is longer. At the written request of the permittee, the Planning Department may extend the period one or more times for up to an additional 180 days. The Planning Department may require additional control measures as a condition of the extension if they are necessary to meet the requirements of this subchapter.
(B) Financial guarantee of performance.
(1) A financial guarantee shall be required for the construction of one- or two-family dwelling units and related accessory structures or improvements.
(2) In all other instances, as a condition of approval for issuance of the permit, the Planning Department shall require the applicant to deposit a surety bond, irrevocable letter of credit, certificate of deposit held as a security, or any other form of financial guarantee of performance acceptable to the Planning Department to guarantee a good faith execution of the approved control plan and any other permit conditions, including the requirement to post a maintenance bond. The amount of the financial guarantee shall be provided by the developer or project engineer and approved by the Planning Department. The financial guarantee of performance will not be released until project is in compliance with erosion control measures, including the establishment of a vegetative cover appropriate for the season. The financial guarantee may be cashed by the city to provide for payment of any costs or penalties imposed due to violations of the provisions of this subchapter or noncompliance with the conditions and specifications for the issuance of a permit.
(3) The surety bond, irrevocable letter of credit, certificate of deposit held as a security, or any other form of financial guarantee of performance acceptable to the Planning Department shall be kept current. Any lapse of such financial guarantee shall be considered as a violation of this subchapter.
(C) Permit conditions. All permits shall require the permittee to:
(1) Notify the Planning Department within two working days of commencing any land disturbing activity;
(2) Notify the Planning Department of completion of any control measures within seven days after their installation;
(3) Obtain permission in writing from the Planning Department to modify the control plan;
(4) Install all control measures as identified in an approved control plan;
(5) Maintain all road drainage systems, stormwater management systems, control measures and other facilities identified in the control plan;
(6) Repair any siltation or erosion damage in adjoining surfaces and drainageways resulting from land developing or disturbing activities;
(7) Inspect the construction control measures at least once each week and make needed repairs, and inspect after each rain of 0.5 inches or more;
(8) Allow the Planning Department(s) to enter the site for the purpose of inspecting for compliance with the control plan or for performing any work necessary to bring the site into compliance with the control plan;
(9) Keep a copy of the control plan on site; and
(10) Certify at project's completion that all utilities have been installed on site and erosion control measures that were damaged or destroyed have been repaired or restored by the utility companies involved.
(11) A memorandum of erosion control responsibility shall be on file with the Planning Department.
(D) Pre-construction conference. For all sites of one acre or more, a pre-construction conference is required before any land-disturbing activity can commence. This conference will be with the Planning Department and the permittee. This conference shall be recorded. If land disturbing activity commences without the benefit of pre-construction conference, it shall be considered a violation of this subchapter. This conference shall include but not be limited to:
(1) Construction schedule;
(2) Memorandum of erosion control responsibility;
(3) Permit conditions;
(4) Conditions of approval;
(5) Discussion of this subchapter, Grading and Erosion Control;
(6) Identification of types of soil stockpiles (working versus storage) and seeding requirements for such piles that achieve the objectives of this subchapter.
(E) Permit fees. Fees shall be as set forth in § 152.363.
(F) Other security required.
(1) A maintenance bond shall also be required for the construction of new housing in pre-existing subdivisions, to provide for the repair of any damage to perimeter roads within the town that result from the construction project of the developer. Said bond, in an acceptable form of security, shall be posted at the same time the grading permit is issued. The amount of the bond shall be calculated according to current market estimates for materials and labor.
(2) Once the construction project is complete and the Department of Public Works is satisfied that no damage has occurred to the perimeter roads the maintenance bond shall be released.
(3) As a condition of receiving any applicable grading or construction permit, the applicant shall submit to the Planning Department and Department of Public Works a construction routing plan for construction vehicles with a declared gross vehicle weight rating of 20,000 pounds or more.
(4) Any violation of the construction routing plan by any party involved in the construction project for which the plan has been submitted, may result in a fine of $200 for the first offense, $1,000 for the second offense, and a maximum of $7,500 for a subsequent offense, plus any damages, costs, and expenses incurred in prosecuting the civil infraction, to be charged against the party submitting the construction routing plan. Each day such violation occurs or continues shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each occurrence.
(Ord. 06-12, passed 6-26-2006; Am. Ord. 2020-05, passed 2-24-2020; Am. Ord. 2023-14, passed 11-13-2023)
§ 152.150 INSPECTION.
The Planning Department or its representative shall inspect construction sites at least once a week during the period starting March 1st and ending October 31st and at least once a month during the period starting November 1st and ending February 28th to ensure compliance with the control plan.
(Ord. 06-12, passed 6-26-2006)
§ 152.151 ENFORCEMENT.
(A) Notice of violation; violation and remediation.
(1) The Planning Department(s) shall issue a Notice of Violation (NOV) for any site which is found to be in violation of the provisions of this subchapter or which is not in compliance with the conditions and specifications imposed for issuance of a permit for land disturbing activities. This notice shall be in writing and shall be sent by certified mail or given in person to the responsible party and the landowner. It shall enumerate the specific violations, which exist, and the actions, which must be taken to bring the site into compliance with the provisions of this subchapter or the conditions and specifications of the permit. The responsible party and/or landowner shall have three business days from the date of this notice to bring the site into compliance with the provisions of this subchapter and the specifications of the permit.
(B) Enforcement options.
(1) (a) After the Notice of Violation (NOV) period has elapsed, Planning Department(s) shall reinspect the site to determine whether the violation has been cured. If it has not been fully cured, the town shall proceed against the responsible party and/or landowner by issuing a citation for violation ticket. This ticket (fine) shall be $100 per day from the date of the NOV and shall constitute a class D ordinance violation. Each day is a separate violation. In addition to fines, the town has the authority to pursue any or all of the enforcement options as set forth in this section.
(b) An appeal of a written notice of violation or citation of violation ticket must be made in writing, within five days of the date of the notice or citation to the Town Council, which shall issue its written findings. All appeals from written findings of the Town Council shall be made to the court within ten days.
(2) If the permittee does not cease the activity or comply with the control plan or permit conditions within 24 hours, the Planning Director may request that the appropriate town official revoke any permit, which has been issued for land disturbing activities at the site. Upon receipt of adequate notice that the site has been brought in compliance, the planning director may request that the appropriate town official retract the stop work order or revocation of permit.
(3) If the permittee does not cease the activity or comply with the control plan or permit conditions the Planning Director may request that the Town Attorney bring a civil action to enjoin the property with a temporary restraining order, preliminary injunction or permanent injunction to restrain a person from violating the ordinance or a condition of approval, requirement, or commitment imposed or made as a part of the approval process.
(4) If the permittee does not cease the activity or comply with the control plan or permit conditions the Planning Director may simultaneously with any other course of enforcement mentioned above, draw on the permittee's letter of credit, or other financial guaranty, as necessary, with permission of the Town Council to effect any remedial actions required to abate the violations.
(5) Where no permit has been issued, if the landowner or land user does not cease the activity within 24 hours after receipt of written demand by the Planning Director, the Planning Director may request that the Town Attorney bring a civil action to enjoin the responsible party or landowner from engaging in the prohibited activities and to require that the site be brought into compliance with the provisions of this subchapter. The town may also proceed against the responsible party and/or landowner by issuing a citation for violation ticket. This ticket (fine) shall be $100 per day from the date of the written demand by the Planning Director and shall constitute a class D ordinance violation. Each day is a separate violation.
(C) Emergency stop work order enforcement authority. In addition to the enforcement options provided in divisions (A) and (B), in cases where it is determined by the Town Engineer that the health, safety or welfare of the public is endangered, the Town Engineer or the Town Planning Director may, without giving notice to the responsible party or landowner, request that the Town Council issue a stop work order if:
(1) A provision of this subchapter is being violated;
(2) Any land disturbing or land developing activity regulated under this subchapter is being undertaken without a permit;
(3) The control plan is not being implemented in a good faith manner as determined by the Town of Ellettsville Planning Department;
(4) A pre-construction conference for sites greater than one acre prior to land disturbing activity has not occurred; or
(5) The conditions and specifications of the permit are not being met.
(Ord. 06-12, passed 6-26-2006)
§ 152.152 PROJECT TERMINATION.
When a project has been completed, the person holding the permit shall petition the Planning Department, in writing, for approval of erosion control measures, which are to remain on the site. The Planning Department shall subsequently inspect the site to evaluate the adequacy of these control measures.
(A) If the erosion control measures are approved, the surety bond shall be released promptly. However, any maintenance responsibilities shall remain with the person owning or occupying the land.
(B) If the erosion measures are not approved, the Planning Department shall notify, in writing, the person holding the permit, regarding the unacceptable features. After a minimum period of two weeks during which corrective measures are taken, a petition, again in writing, may be sent asking for the Planning Department to evaluate the adequacy of the erosion control measures. If, in good faith, the Planning Department again decides that the erosion control measures are inadequate, the city shall delay the release of the surety bond for up to two months. After two months or longer has elapsed without corrective measures taken, the Planning Department shall use the surety bond to finance changes or additions to the erosion control measures needed to complete the project.
(Ord. 06-12, passed 6-26-2006)
§ 152.153 ANNUAL REPORT.
Planning Department staff shall prepare an annual report on the erosion control ordinance. This report shall be presented to the Plan Commission.
(Ord. 06-12, passed 6-26-0206)