Fort Pierre City Zoning Code
SEDIMENT AND
EROSION CONTROL
§ 159.115 PURPOSE.
(A) The city’s governing body hereby finds that the lands and waters of the city are natural assets and resources, and that such lands are being subject to improper water runoff and erosion, and that such waters are subject to pollution as the result of said improper water runoff, erosion and deposition of sediment arising from disturbances and changes of the surface of such lands. Any grading, excavation or embankment which creates erosion by the owner or developer requires a DENR permit.
(B) The purpose of this regulation is to protect the lands and waters of this city, to the extent practical, from the results of improper water runoff, soil erosion and sedimentation through control of some of the disturbances and changes of the surface of the earth.
(C) No excavation, grading or embankment will disturb or affect adjacent property in an adverse way.
(Prior Code, § Q-11-106) (Ord. 989, passed - -) Penalty, see § 159.999
§ 159.116 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Fort Pierre, South Dakota.
EMBANKMENT, FILL or BERM. A deposit of soil, rock or other material placed by humans.
EXCAVATION. Any act by which soil or rock is cut into, dug, uncovered, removed, displaced or relocated.
GOVERNING BODY. The City Council in and for the City of Fort Pierre, South Dakota.
GRADING. Any displacement of soil stripping, excavating, filling, stockpiling or any combination thereof.
MAJOR LAND-DISTURBING ACTIVITIES. Activities, such as the development of residential properties, storm sewers, street and gutter construction, trenching for utilities, road construction and/or industrial and commercial development, which involve grading, filling or excavating generally 1,000 cubic yards and over. Major land-disturbing activities require submission of a sediment and erosion control plan which complies with the sediment and erosion control standards of the County Conservation District and the DENR. The plan shall be reviewed by the Conservation District and shall be enforced by the city.
MINOR LAND-DISTURBING ACTIVITIES. Activities, such as the construction of a single-family dwelling by the owner, construction of private roadways, home landscaping by owners, operators and tenants and garden areas, that are not primarily designed to enhance production or conserve soil resources.
SEDIMENT. Soil or other surface materials transported by wind or surface water as a product of erosion.
SOIL EROSION. The process by which the soil is moved away by the action of wind or water after land-disturbing activity.
WATER RUNOFF. The way by which natural snow melt or rainwater uses to seek its lowest level.
(Prior Code, § Q-11-106) (Ord. 989, passed - -)
§ 159.117 AGRICULTURAL OR MINOR LAND-DISTURBING ACTIVITIES.
This subchapter does not require individuals carrying out agricultural or “minor” land-disturbing activities to file a plan, make application or otherwise report their activities, except as provided for in § 159.118 of this chapter.
(Prior Code, § Q-11-106) (Ord. 989, passed - -)
§ 159.118 VIOLATION PROCEDURES.
(A) Any person who is adversely affected by land-disturbing activities may file a petition with the governing body, or with the permit issuing authority having jurisdiction thereof, alleging a violation of this subchapter. Within ten days after the receipt of a complaint, or by its own volition, the governing body shall conduct an investigation to determine if on-site or off-site damage has occurred as a result of such erosion.
(B) If it is determined that a violation does exist, the governing body will take the following actions:
(1) Notify all parties of results of the investigation;
(2) Recommend corrective action to violator; and
(3) If no corrective action is taken within 30 days upon receipt of a certified mail notification, necessary legal action will be taken.
(Prior Code, § Q-11-106) (Ord. 989, passed - -) Penalty, see § 159.999
§ 159.119 VARIANCE PROCEDURES.
The city shall have the authority to grant a variance to a land disturber for the purpose of allowing additional time for compliance. The validity of a variance request shall be determined by the City Council. Requests for variance must be submitted in writing to the Public Works Director or his or her designee. This request shall include reasons why a variance is needed. Action for approval of the variance must be taken at an official meeting of the City Council.
(Prior Code, § Q-11-106) (Ord. 989, passed - -)
§ 159.120 SOIL LOSS STANDARDS.
All land-disturbing activities:
(A) Limit both on-site and off-site annual soil losses during the period of construction and revegetation to the amount agreed upon by the permit issuing authority or responsible unit of government;
(B) Construction areas shall be seeded with adapted grasses or temporary cover crop within 14 days after construction activity is required in critical erosion areas. Protection measures will be applied to all construction areas. The disturbed areas will be seeded to adapted grasses or a temporary cover crop within 14 days after the construction activity is completed under normal weather conditions; and
(C) Areas needing protection will be mulched when construction is completed during the non- growing season.
(Prior Code, § Q-11-106) (Ord. 989, passed - -) Penalty, see § 159.999
§ 159.121 NOTICE AND ABATEMENT.
Whenever the Public Works Director determines that any existing excavation or embankment or fill on private property has become a hazard to life, or endangers the property of others, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which such excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Public Works Director or his or her designee, shall, within the period specified therein, repair or eliminate such excavation or embankment to eliminate the hazard and to be in conformance with the requirements of this subchapter.
(Prior Code, § Q-11-106) (Ord. 989, passed - -)
§ 159.122 LIABILITY.
Neither the filing and approval of a plan under the provisions of this chapter nor compliance with the provisions of this chapter shall relieve any person from the responsibility of damage to any person or property otherwise imposed by law, nor impose any liability upon the municipality for damage to any person or property, except that violations caused by an act of God shall not be the responsibility of the land disturber.
(Prior Code, § Q-11-106) (Ord. 989, passed - -)