Ithaca City Zoning Code
ARTICLE 30
Grading and Soil Erosion Control
§ 30.01 Purpose.
The purpose of this article is to prevent soil erosion and sedimentation from occurring as a result of nonagricultural development within the City by requiring proper provisions for water disposal and the protection of soil surfaces during and after construction, in order to promote the safety, public health and general welfare of the community.
§ 30.02 Compliance with article requiring site plan.
No site plan shall be approved under Article 21 of this ordinance unless the site plan shall include soil erosion and sediment control measures consistent with the requirements of this article.
§ 30.03 Compliance with article requiring certificate of occupancy.
No certificate of occupancy for any building shall be issued under Article 3 of this ordinance unless the applicant for the certificate shall have obtained a certification of compliance indicating compliance with all grading plans and specifications and completion of permanent soil erosion control measures from the City Building Inspector.
§ 30.04 Permit.
A separate application shall be required for each grading permit. Single-family or two-family dwellings and mobile homes except for planned unit development, residential subdivisions, residential site condominiums and mobile modular home development where three or more dwellings are constructed at any one time, shall be exempt from acquiring a grading permit, except as required under the soil erosion and sedimentation control provisions of Part 91 of Public Act No. 451 of 1994 (MCL § 324.9101 et seq.), as amended and other appropriate state and federal requirements. Plans, specifications and timing schedules shall be submitted with each application for a grading permit. The plans and specifications accompanying the grading permit application shall contain the following data:
30.04:1.
A vicinity sketch at the scale of one inch equals 200 feet indicating the site location as well as the adjacent properties within 1,000 feet of the site boundaries.
30.04:2.
A boundary line survey of the site on which the work is to be performed.
30.04:3.
A plan of the site at a scale of one inch equals 20 feet showing:
(a)
Name, address, and telephone number of the land owner, developer and petitioner.
(b)
A timing schedule indicating the anticipated starting and completion dates of the development's construction sequence and the time of exposure of each area prior to the completion of effective erosion and sediment control measures.
(c)
A verified statement of the quantity of excavation and fill involved.
(d)
Existing and proposed topography at contour intervals of five feet.
(e)
The location of any structure or natural feature on the site, on the land adjacent to the site, and within 500 feet of the site boundary line.
(f)
Location of any proposed additional structures or development on the site.
(g)
Elevations, dimensions, location, extent and the slope of all proposed grading.
(h)
Plans of all drainage provisions, retaining walls, cribbing, planting, erosion control measures, or other temporary or permanent soil erosion control measures to be constructed in connection with the proposed work together with a map showing the drainage area of land tributary to the site and estimated runoff of the area served by any drains.
(i)
Other information or data as may be required by the Zoning Administrator.
§ 30.05 Fees.
At the time of filing an application for a grading permit, a filing fee to be set by the City Council shall be paid to the City Treasurer.
§ 30.06 Denial of permit.
Grading permits shall not be issued where:
30.06:1.
The proposed work would cause hazards to the public safety and welfare.
30.06:2.
The work as proposed by the applicant will damage any public or private property or interfere with any existing drainage course in such a manner as to cause damage to any adjacent property or result in the deposition of debris or sediment on any public way or into any waterway or create an unreasonable hazard to persons or property.
30.06:3.
The land area for which the grading is proposed is subject to geological hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce settlement, slope instability, or any other such hazard.
§ 30.07 General requirements.
30.07:1.
Any earth changes shall be conducted in such a manner so as to effectively reduce accelerated soil erosion and resulting sedimentation.
30.07:2.
All persons engaged in earth changes shall design, implement, and maintain acceptable soil erosion and sedimentation control measures, in conformance with Part 91 of Public Act No. 451 of 1994 (MCL § 324.9101 et seq.) and all official rules of the Michigan Department of Environmental Quality promulgated pursuant thereto, which effectively reduce accelerated soil erosion.
30.07:3.
All earth changes shall be designed, constructed and completed in such a manner so that the exposed area of any disturbed land shall be limited to the shortest possible period of time.
30.07:4.
Measures shall be taken to minimize sediment from runoff water that will impact any stream or tributary on or adjacent to the site where earth changes are occurring.
30.07:5.
Any temporary or permanent facility designed and constructed for the conveyance of water around, through, or from the earth change area shall be designed to limit the water flow to a nonerosive velocity.
30.07:6.
Temporary soil erosion control facilities shall be removed and earth change areas graded and stabilized with permanent soil erosion control measures pursuant to approved standards and specifications as prescribed by the Michigan Department of Environmental Quality rules.
30.07:7.
Permanent soil erosion control measures for all slopes, channels, ditches, or any disturbed land area shall be completed within 30 calendar days after final grading of the final earth change has been completed. When it is not possible to permanently stabilize a disturbed area after an earth change has been completed or where significant earth change activity ceases, temporary soil erosion control measures shall be implemented within 10 calendar days. All temporary soil erosion control measures shall be maintained until permanent soil erosion control measures are implemented.
§ 30.08 Maintenance requirements.
Persons carrying out soil erosion and sediment control measures under this section, and all subsequent owners of property concerning which such measures have been taken, shall maintain all permanent erosion control measures, retaining walls, structures, planting and other protective devices.
§ 30.09 Minimum design standards for erosion and sediment control.
All grading plans and specifications including extensions of previously approved plans shall include provisions for erosion and sediment control in accordance with, but not limited to, the standards contained in the Standards and Specifications for Soil Erosion and Sediment Control, published by the Capital Area Association of Soil Conservation Districts. Copies of said standards shall be available for inspection in the office of the City Clerk and the Zoning Administrator.