1. Significant erosion results from rainfall and runoff over unprotected soil. Erosion is measured 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, wading, or excavation which results in removal of natural ground cover without taking appropriate steps to control erosion problems.

Effective on: 1/1/1901

1. a.
   Reduce soil erosion in Jessamine County.
2. b.
   Provide procedures for submission, review, and approval of erosion control plans to be submitted prior to soil disturbance.

Effective on: 1/1/1901

1. Erosion Control Plans are required in the following circumstances:

   All persons submitting to the Jessamine County-Wilmore Joint Planning Commission major subdivision plats or development plans must include a note on the preliminary plat or development plan stating that no grading, excavating, stepping, filling or other disturbance of the natural ground cover shall take place prior to approval of the erosion control plan. An erosion control plan shall be submitted after a preliminary plat or development plan has been approved.

   Any persons disturbing the natural ground cover in an area for which there is an approved erosion control plan shall conform to the requirements of such plan without exception.

2. Grading Permits are required in the following circumstances:

   All persons doing any grading, stripping, excavating, filling or otherwise disturbing the natural ground cover in an area for which no erosion control plan has been approved, must obtain a grading permit prior to commencing such work, unless exempted under Section 6.3(d). For any work or developments not requiring a fully developed erosion control plan, a grading plan addressing at a minimum the handling of topsoil and off-site runoff during grading must be submitted in conjunction with the grading permit application. A grading permit shall not be issued for any Industrial or Commercial Zone where a development plan has not been approved by the Joint Planning Commission.

4. Exceptions

   No grading permit or separate erosion control plan shall be required for the following (Each subsection of this section shall constitute a separate, independent exception)

   1. Finished grading and excavation below finished grade (a) for basements and footings of a single-family or duplex residential structure authored by a valid building permit; (b) for accessory structures related to single-family residences or duplex structures authorized by a valid building permit (c) for retaining walls eighteen (18) inches or less; (d) for swimming pools, or; (e) for cemeteries for human or animal burial, provided the disturbed material or fill is handled in such a manner as to conform to the approved erosion control plan for the area or where no such erosion control plan is in effect such work must be done in a manner which presents no significant erosion hazard.
   2. An excavation or fill provided it meets all of the following:
      1. is less than four (4) feet in vertical depth 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 distributed 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 (1) foot vertical in three (3) feet horizontal;
      5. has proper vegetative cover re-established as soon as possible on all disturbed areas; and
      6. has no fill placed on. a surface having a slope steeper than five (5) feet horizontal to one (1) foot vertical.
   3. Accepted agricultural land management practices such as plowing, cultivation or agricultural structures, ponds, waterways, nursery operations such as the removal and/or transplanting of cultivated sod, shrubs, and tees, tree cuttings at or above existing ground level, and logging operations leaving the stump, ground cover and root mat intact. Non-agricultural uses permitted in the A-1 zone are not excepted from the requirements of soil erosion and sediment control.
   4. Grading, on existing developed lots or parcels, provided it meets all of the following:
      1. the aggregate area(s) affected, or stripped at any one time does not exceed 8,000 square feet, and is not within a natural drainage way (i.e. designated flood plain);
      2. the grade change does not exceed eighteen (18) inches at any point and does not alter the drainage pattern
      3. proper vegetative cover is re-established 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.
   5. Installation of approved subsurface sewage treat -cent lateral sewer lines, geothermal systems, telephone Fines, electricity lines, gas lines, or other public service facilities.

Effective on: 1/1/1901

*Each inspection for an extension of a permit shall be $100.00 plus Engineering Consulting Fees.

2. Contents of the Soil Erosion Plan

   For purposes of obtaining a grading permit or for coordination with a major subdivision plan or development plan, an erosion control plan containing the following information must be submitted unless, such information is available to the Administrative Officer in an acceptable form. This information must be supplied for the entire tract of land whether or not the property will be developed in stages. If the development occurs in stages the erosion control plan shall be approved as a whole; however, after construction has begun on the initial stage the, Administrative Officer or the Enforcement Officer must inspect the site prior to granting approval for the issuance of building permits for any other stage of construction.

   1. The erosion control plan shall be drawn at a scale of 1"=100' (or less) indicating:
      1. the site location as well as the adjacent primes, And
      2. identification of any structures or natural feature on the land adjacent to the site and within 250' which has a significant impact on drainage or siltation controls.
   2. Property boundary bearings and distances for the site on which the work is to be performed.
   3. A soil survey or a description of the main soil types (available from the Jessamine County Soil Conservation District).
   4. The anticipated time of exposure of each area prior to the completion of effective erosion and sediment control measures.
   5. Existing topography at contour intervals not exceeding five (5) feet
   6. Proposed topography at contour intervals not exceeding five (5) foot.
   7. Elevation, dimension, location, extent and the slope of all proposed grading The finished grade elevation of top of fills adjacent to all County, State, or Federal highway shall not exceed a height greater than four (4) feet above highest elevation point of centerline elevation of that highway.

   If applicant proposes to use the fill area for stockpile of additional material, to be only used on site, at an elevation above this four (4) feet max:1=m then the erosion plan must specify in detail information sufficient to accurately describe procedure and timetable of its disposal on site, to include but not limited to:

   1. Proposed contour of maximum limits of stockpile.
   2. Timetable giving ending date of stockpiling, date to begin removal and date of final completion.
   3. Proposed re-grade plan of deposition of stockpile material with volume calculations to demonstrate that volumes balance, accounting for shrink/swell.
   4. Typical sections showing slopes of existing fills and stockpile and completed fill area.
   5. Stockpile(s) shall meet all requirements of this ordinance specifically as to slope coverage, stabilization, erosion control and re-vegetation.
   8. Location and identification of all sites (either man-made or natural) which have a significant impact on drainage or siltation controls.
      1. All cuts and fills shall be a ratio of three (3) to one (1). All fills shall be no closer than twenty (20) feet, at the toe of the fill, from adjacent properties. All cuts shall bend no closer than ten (10) feet, at the top of the cut, from adjacent properties, unless mutually agreed upon by contiguous landowners in writing, or except that the building of a retaining wall designed and sealed by an engineer may allow for a distance of five (5) feet for cuts or fills
   9. Plans and specifications for all drainage provisions, retaining walls, cribbing, planting, anti-erosion devices or other protective devices (whether temporary or permanent) to be constructed in connection with, or as a part of the proposed work, together with a map showing the drainage area of land tributary to the site and a statement explaining the amount of estimated runoff used to determine the design characteristics of any drainage device. Upstream drainage must be considered and explained if any adverse effect is possible.
   10. Plans for removal, re-contouring or other final disposition of sediment basins or other structural improvements or devices included in the plan
   11. If a sedimentation basin is required, it should be designed by a registered engineer.
   12. The plans and specifications shall specify in detail the means and methods that soil cover and re-vegetation of all slopes shall be accomplished. As a minimum, all slopes shall consist of a minimum twelve (12) inches rock free soil cover, the top four (4) inches shall be suitable topsoil. Permanent, acceptable grass coverage shall be established within six (6) months of placement and/or disturbance of slope.
3. Factors Which Shall be Considered in Reviewing Applications for Erosion Control Plans and/or Grading Permits
   1. The development should relate to the specific site conditions.
   2. The plan should keep land grading and land disturbance to a minimum under the circumstances.
   3. Both surface and stormwater drainage systems should be integrated to accommodate the increased runoff incurred during land grading.
   4. To prevent soil erosion, existing temporary and future protective vegetative cover should be emphasized.
   5. The plow shall coordinate grading operation and sediment control measures so as to minimize land exposure to erosion.
   6. Sediment basins below high sediment producing areas should be planned, installed, and maintained as safety devices to catch and tap excessive sediment from the development site.
   7. The plan should utilize available technology to keep soil erosion to a minimum level.
   8. Retaining walls shall be planned, installed and maintained where slope is steeper than one (1) foot vertical in two (2) horizontal on excavated slopes, cuts or fills greater than four (4) foot vertical.
   9. Fill areas shall be engineered to be appropriate for intended use. Plan should include method for placement of large material such as concrete slabs or rock boulders with dimension greater than two (2) feet in any direction. Method of placement should be designed to prevent voids in fill which may cause shifting, sliding or settling of material,
   10. Location of Adjacent Property Lines;
       If excavation, cutting or filling encroaches within twenty-five (25) feet of an adjoining property line, such property shall be surveyed and pinned if no existing survey or subdivision plat exists for said site. Properties lines shall be pinned for all work within twenty-five (25) feet of any adjacent property. No permit will be issued until this is done.

Effective on: 1/1/1901

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SECTION VI ADOPTED JUNE 1, 1999

SECTION 6.3B AMENDED JANUARY 24, 2002

SECTION 6.4(b)(7) AMENDED JANUARY 24, 2002

SECTION 6.4(a)(3) AMENDED JUNE 27, 2006

SECTION 6.4(b)(8)(2) AMENDED JUNE 27, 2006

SECTION 6.4(C)(10), ADOPTED JUNE 27, 2006

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