Wilmore City Zoning Code

ARTICLE VIII

SOIL EROSION AND SEDIMENT CONTROL

8.1 FINDINGS OF FACT

The following findings of fact related to the causes of soil erosion are made:

Significant erosion results 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.

Effective on: 1/1/1901

8.2 PURPOSES AND OBJECTIVES

The intent of this ordinance is to:

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

Effective on: 1/1/1901

8.3 SCOPE OF COVERAGE

The following are included within the scope of this ordinance.

Erosion Control Plans are required in the following circumstances:
All persons submitting to the Jessamine County - City of 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, stripping, filling or other disturbance of the natural ground cover shall take place prior to approval of an 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.
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.
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 authorized 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 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 water course;
  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 a plowing, cultivation, construction of agricultural structures, ponds, waterways, 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. 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 floodplain);
  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 treatment systems, lateral sewer lines, geothermal systems, telephone lines, electricity lines, gas lines or other public service facilities.

Effective on: 1/1/1901

8.4 PROCEDURES AND STANDARDS FOR APPROVING SOIL EROSION CONTROL PLANS AND FOR ISSUING GRADING PERMITS

Administrative Procedure
Applications for approval of Erosion Control Plans and Grading Permits shall be submitted to the Administrative Officer of the Jessamine County-City of Wilmore Joint Planning Commission as specified in Sections 8.4(a) and 8.4(a)(2). The application shall contain the applicant's name and address and other relevant information requested on the application forms. It shall also contain a proposed Erosion Control Plan containing the information required by Section 8.4(b). The application must be signed by the owner of the property or an authorized agent, and the Erosion Control Plans must be certified by a registered professional engineer or licensed landscape architect if submitted in association with a Major Subdivision Plat or Development Plan.

Request for Approval of Erosion Control Plans Associated with a Major Subdivision or Development Plan
All Erosion Control Plans shall be reviewed by the Jessamine County-City of Wilmore Joint Planning Commission which shall approve or disapprove the Erosion Control Plan as a part of the Construction Plans submitted for all Major Subdivision Plats or Development Plans under the standards set by this ordinance. Such an approved Erosion Control Plan shall have the same status and effect as a Grading Permit and a separate Grading Permit shall not be required. Upon completion of the work required under an approved Erosion Control Plan, the Enforcement Officer shall certify on such Plan that the work has been completed.
Application for Approval of Grading Permit
Applications for approval of Grading Permits shall be filed with the Administrative Officer. The Administrative Officer shall review such plans and a Grading Permit shall be issued or denied by the Administrative Officer. Review of the decision of the Administrative Officer is available through the Board of Adjustment. Upon completion of the work required under an approved Grading Permit, the Enforcement Officer shall certify on the Permit that the work has been satisfactorily completed.
Extension of Time
Every approved Erosion Control Plan or Grading Permit shall expire six (6) months from the issuance of a Grading Permit or approval of an Erosion Control Plan. If work is not completed within the terms of the Permit, or work is not commenced within six (6) months after issuance, the Permit holder may request an extension. The Administrative Officer may extend the deadlines contained in the Plan or Permit respectively upon a showing by the applicant: a) that there is sufficient justification for the delay; b) that delay will not create a new erosion hazard or permit an existing one to continue; and c) that a new completion date has been set.

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.

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 properties, and
2. identification of any structure or natural feature on the land adjacent to the site and within 250' which has a significant impact on drainage or siltation controls.
Property boundary bearings and distances for the site on which the work is to be performed.
A soil survey or a description of the main soil types (available from the Jessamine County Soil Conservation District).
The anticipated time of exposure of each area prior to the completion of effective erosion and sediment control measures.
Existing topography at contour intervals not exceeding five (5) feet.
Proposed topography at contour intervals not exceeding five (5) feet.
Elevation, dimension, location, extent and the slope of all proposed grading.
Location and identification of all site features (either man-made or natural) which have a significant impact on drainage or siltation controls.
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.
Plans for removal, re-contouring or other final disposition of sediment basins or other structural improvements or devices included in the plan.
If a sedimentation basin is required, it should be designed by a registered engineer.

Factors Which Shall be Considered in Reviewing Applications for Erosion Control Plans and/or Grading Permits

The development should relate to the specific site conditions.
The plan should keep land grading and land disturbance to a minimum under the circumstances.
Both surface and storm water drainage systems should be integrated to accommodate the increased runoff incurred during land grading.
To prevent soil erosion, existing temporary and future protective vegetative cover should be emphasized.
The plan shall coordinate grading operation and sediment control measures so as to minimize land exposure to erosion.
Sediment basins below high sediment producing areas should be planned, installed and maintained as safety devices to catch and trap excessive sediment from the development site.
The plan should utilize available technology to keep soil erosion to a minimum level.
Retaining walls shall be planned, installed and maintained where slope is steeper than one (1) foot vertical in two (2) foot horizontal on excavated slopes, cuts or fills greater than four (4) foot vertical.
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.

Effective on: 1/1/1901

8.5 FAILURE TO COMPLETE WORK OR COMPLY WITH TERMS OF PLAN

In the event of failure to complete the work or failure to comply with all the requirements, conditions and terms of the Permit or Plan, the Administrative Officer or Enforcement Officer may order stoppage of work. The Joint Planning Commission may instruct the Administrative Officer to refuse to issue any additional building permits and/or it may order work authorized by Plan or Permit to be completed.

Effective on: 1/1/1901

8.6 VIOLATIONS AND PENALTIES

Violations

Whenever, by the provisions of this Ordinance, the performance of any act is required, or the performance of any act is prohibited, a failure to comply with such provisions shall constitute a violation of this Ordinance.

Correction of Violations

All violations shall be corrected within a time period as specified by written notice issued by the Administrative Officer or Enforcement Officer, but in no case shall such period be less than 24 hours. The time period determination shall be at the discretion of the Administrative Officer or the Enforcement Officer and dependent upon weather and soil conditions, and the type and scope of off-site damages being induced by the violation, but in no case shall the time period impose unrealistic requirements under prevailing weather and working site soil conditions. If the violation is not corrected as specified in the written notice, the Administrative Officer or Enforcement Officer may issue an order to the violator to cease all work and they may refuse to issue any additional building permits. The Joint Planning Commission may initiate prosecution in District Court or initiate civil compliance procedures.

Penalties

Any person, firm or corporation who violates, neglects, omits or refuses to comply with any provision of this Ordinance, or any permit or exceptions granted hereunder, or any lawful requirement of the Joint Planning Commission, shall be fined on conviction in accordance with Article V, Section 5.4 of this Zoning Ordinance. Each day that a violation is maintained shall be deemed a separate offense. The time of violation shall be measured from the time written notice to correct is given to the permittee. The imposition of any penalty shall not exempt the offender from compliance with the provisions of this Ordinance.

Effective on: 1/1/1901

8.8 GRADING PERMIT

A grading permit shall be subject to the same dimensional limitations and fee structure as a building permit.

JESSAMINE COUNTY WILMORE PLANNING COMMISSION APPLICATION FOR GRADING PERMIT

Date	__________________________________________________
Application No.	__________________________________________________

NOTE: This application shall expire six (6) months from the date of issuance in accordance with Section 8.4(a)(3) of the Wilmore Zoning Ordinance.

1.	Name of Applicant	__________________________________________________
	Address	__________________________________________________
	Phone	__________________________________________________

2.	Name of Engineer (if applicable)	__________________________________________________
	Address	__________________________________________________
	Phone	__________________________________________________

Name of Subdivision (Plat Cabinet/Slide Reference) _____________________________________________
Location/Description; note in city of in county: __________________________________________________
_______________________________________________________________________________________
(In addition, please attach copy of deed and plat, if applicable)
Zoning District __________________________________________________
Number of Lots/Area of Tract __________________________________________________
List all proposed grading changes and/or improvements proposed:

__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________

Describe proposed handling, storage and replacement of topsoil:

Describe proposed handling of off-site run-off; attach storm water management plan; if culvert required, describe type and size and anticipated flow:

_____________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________

If a retaining wall is required, attach construction details, including, but not limited to height materials, type of construction:

If fill is proposed, attach typical sections and describe fill material and placement of fill:

If cut is proposed, attach typical sections and describe handling of excess material:

Anticipated Completion Date:________________________________________________________________

Signatures:

_____________________________	___________________________________
Applicant	Engineer (if applicable)

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

FOR OFFICIAL USE

Date Received	___________________________________________
Action by Administrative Officer	___________________________________________
If permit rejected, state reason(s)	___________________________________________

___________________________________	_____________________
Administrative Officer	Date

Completion certified by Administrative Officer:

___________________________________	_____________________
Administrative Officer	Date

Effective on: 1/1/1901

Erosion

Erosion - The process by which the ground surface is worn away by the action of wind or water.

Effective on: 1/1/1901

Excavation or Cut

Excavation or Cut - Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated, and shall include the conditions resulting therefrom.

Effective on: 1/1/1901

Fill

Fill - A deposit of soil, rock, concrete or asphalt to replace or supplement the original soil or sub-soil.

Effective on: 1/1/1901

Grading

Grading - Any stripping, excavating, filling, stockpiling of soil or any combination thereof, and shall include the land in its excavated or filled condition.

Effective on: 1/1/1901

Natural Features

Natural Features - Shall include, but not be limited to, existing water courses, soils, vegetation (including grasses, shrubs, legumes, etc.) and tree stands having trees 5" or greater in diameter or 15' greater in height, whichever is less.

Effective on: 1/1/1901

Natural Ground Surface

Natural Ground Surface - Any ground surface in its original state before any grading, excavation or filling, and shall be established by the Administrative Officer or Enforcement Officer when there is any question of its location.

Effective on: 1/1/1901

Sediment

Sediment - Any solid material, both mineral and organic that is in suspension, is being transported or has been moved from its site or origin by air, water or gravity as a product of erosion.

Effective on: 1/1/1901

Slope

Slope - Any inclined, exposed surface of a fill, excavation or natural terrain.

Effective on: 1/1/1901

Soil

Soil - All earth material of whatever origin that overlies bedrock, and may include the decomposed zone of bedrock which can be readily excavated by mechanical equipment.

Effective on: 1/1/1901

Stripping

Stripping - Any activity which removes or significantly disturbs the vegetative surface cover including clearing and grubbing operations.

Effective on: 1/1/1901

Wilmore City Zoning Code

ARTICLE VIII

SOIL EROSION AND SEDIMENT CONTROL

8.1 FINDINGS OF FACT

The following findings of fact related to the causes of soil erosion are made:

Significant erosion results 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.

Effective on: 1/1/1901

8.2 PURPOSES AND OBJECTIVES

The intent of this ordinance is to:

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

Effective on: 1/1/1901

8.3 SCOPE OF COVERAGE

The following are included within the scope of this ordinance.

Erosion Control Plans are required in the following circumstances:
All persons submitting to the Jessamine County - City of 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, stripping, filling or other disturbance of the natural ground cover shall take place prior to approval of an 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.
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.
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 authorized 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 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 water course;
  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 a plowing, cultivation, construction of agricultural structures, ponds, waterways, 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. 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 floodplain);
  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 treatment systems, lateral sewer lines, geothermal systems, telephone lines, electricity lines, gas lines or other public service facilities.

Effective on: 1/1/1901

8.4 PROCEDURES AND STANDARDS FOR APPROVING SOIL EROSION CONTROL PLANS AND FOR ISSUING GRADING PERMITS

Request for Approval of Erosion Control Plans Associated with a Major Subdivision or Development Plan
All Erosion Control Plans shall be reviewed by the Jessamine County-City of Wilmore Joint Planning Commission which shall approve or disapprove the Erosion Control Plan as a part of the Construction Plans submitted for all Major Subdivision Plats or Development Plans under the standards set by this ordinance. Such an approved Erosion Control Plan shall have the same status and effect as a Grading Permit and a separate Grading Permit shall not be required. Upon completion of the work required under an approved Erosion Control Plan, the Enforcement Officer shall certify on such Plan that the work has been completed.
Application for Approval of Grading Permit
Applications for approval of Grading Permits shall be filed with the Administrative Officer. The Administrative Officer shall review such plans and a Grading Permit shall be issued or denied by the Administrative Officer. Review of the decision of the Administrative Officer is available through the Board of Adjustment. Upon completion of the work required under an approved Grading Permit, the Enforcement Officer shall certify on the Permit that the work has been satisfactorily completed.
Extension of Time
Every approved Erosion Control Plan or Grading Permit shall expire six (6) months from the issuance of a Grading Permit or approval of an Erosion Control Plan. If work is not completed within the terms of the Permit, or work is not commenced within six (6) months after issuance, the Permit holder may request an extension. The Administrative Officer may extend the deadlines contained in the Plan or Permit respectively upon a showing by the applicant: a) that there is sufficient justification for the delay; b) that delay will not create a new erosion hazard or permit an existing one to continue; and c) that a new completion date has been set.

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 properties, and
2. identification of any structure or natural feature on the land adjacent to the site and within 250' which has a significant impact on drainage or siltation controls.
Property boundary bearings and distances for the site on which the work is to be performed.
A soil survey or a description of the main soil types (available from the Jessamine County Soil Conservation District).
The anticipated time of exposure of each area prior to the completion of effective erosion and sediment control measures.
Existing topography at contour intervals not exceeding five (5) feet.
Proposed topography at contour intervals not exceeding five (5) feet.
Elevation, dimension, location, extent and the slope of all proposed grading.
Location and identification of all site features (either man-made or natural) which have a significant impact on drainage or siltation controls.
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.
Plans for removal, re-contouring or other final disposition of sediment basins or other structural improvements or devices included in the plan.
If a sedimentation basin is required, it should be designed by a registered engineer.

Factors Which Shall be Considered in Reviewing Applications for Erosion Control Plans and/or Grading Permits

The development should relate to the specific site conditions.
The plan should keep land grading and land disturbance to a minimum under the circumstances.
Both surface and storm water drainage systems should be integrated to accommodate the increased runoff incurred during land grading.
To prevent soil erosion, existing temporary and future protective vegetative cover should be emphasized.
The plan shall coordinate grading operation and sediment control measures so as to minimize land exposure to erosion.
Sediment basins below high sediment producing areas should be planned, installed and maintained as safety devices to catch and trap excessive sediment from the development site.
The plan should utilize available technology to keep soil erosion to a minimum level.
Retaining walls shall be planned, installed and maintained where slope is steeper than one (1) foot vertical in two (2) foot horizontal on excavated slopes, cuts or fills greater than four (4) foot vertical.
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.

Effective on: 1/1/1901

8.5 FAILURE TO COMPLETE WORK OR COMPLY WITH TERMS OF PLAN

Effective on: 1/1/1901

8.6 VIOLATIONS AND PENALTIES

Violations

Correction of Violations

Penalties

Effective on: 1/1/1901

8.8 GRADING PERMIT

A grading permit shall be subject to the same dimensional limitations and fee structure as a building permit.

JESSAMINE COUNTY WILMORE PLANNING COMMISSION APPLICATION FOR GRADING PERMIT

Date	__________________________________________________
Application No.	__________________________________________________

NOTE: This application shall expire six (6) months from the date of issuance in accordance with Section 8.4(a)(3) of the Wilmore Zoning Ordinance.

1.	Name of Applicant	__________________________________________________
	Address	__________________________________________________
	Phone	__________________________________________________

2.	Name of Engineer (if applicable)	__________________________________________________
	Address	__________________________________________________
	Phone	__________________________________________________

Name of Subdivision (Plat Cabinet/Slide Reference) _____________________________________________
Location/Description; note in city of in county: __________________________________________________
_______________________________________________________________________________________
(In addition, please attach copy of deed and plat, if applicable)
Zoning District __________________________________________________
Number of Lots/Area of Tract __________________________________________________
List all proposed grading changes and/or improvements proposed:

Describe proposed handling, storage and replacement of topsoil:

Describe proposed handling of off-site run-off; attach storm water management plan; if culvert required, describe type and size and anticipated flow:

_____________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________

If a retaining wall is required, attach construction details, including, but not limited to height materials, type of construction:

If fill is proposed, attach typical sections and describe fill material and placement of fill:

If cut is proposed, attach typical sections and describe handling of excess material:

Anticipated Completion Date:________________________________________________________________

Signatures:

_____________________________	___________________________________
Applicant	Engineer (if applicable)

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

FOR OFFICIAL USE

Date Received	___________________________________________
Action by Administrative Officer	___________________________________________
If permit rejected, state reason(s)	___________________________________________

___________________________________	_____________________
Administrative Officer	Date

Completion certified by Administrative Officer:

___________________________________	_____________________
Administrative Officer	Date

Effective on: 1/1/1901

Erosion

Erosion - The process by which the ground surface is worn away by the action of wind or water.

Effective on: 1/1/1901

Excavation or Cut

Excavation or Cut - Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated, and shall include the conditions resulting therefrom.

Effective on: 1/1/1901

Fill

Fill - A deposit of soil, rock, concrete or asphalt to replace or supplement the original soil or sub-soil.

Effective on: 1/1/1901

Grading

Grading - Any stripping, excavating, filling, stockpiling of soil or any combination thereof, and shall include the land in its excavated or filled condition.

Effective on: 1/1/1901

Natural Features

Effective on: 1/1/1901

Natural Ground Surface

Effective on: 1/1/1901

Sediment

Sediment - Any solid material, both mineral and organic that is in suspension, is being transported or has been moved from its site or origin by air, water or gravity as a product of erosion.

Effective on: 1/1/1901

Slope

Slope - Any inclined, exposed surface of a fill, excavation or natural terrain.

Effective on: 1/1/1901

Soil

Soil - All earth material of whatever origin that overlies bedrock, and may include the decomposed zone of bedrock which can be readily excavated by mechanical equipment.

Effective on: 1/1/1901

Stripping

Stripping - Any activity which removes or significantly disturbs the vegetative surface cover including clearing and grubbing operations.

Effective on: 1/1/1901

Wilmore City Zoning Code

ARTICLE VIII

SOIL EROSION AND SEDIMENT CONTROL

8.1 FINDINGS OF FACT

The following findings of fact related to the causes of soil erosion are made:

Significant erosion results 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.

Effective on: 1/1/1901

8.2 PURPOSES AND OBJECTIVES

The intent of this ordinance is to:

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

Effective on: 1/1/1901

8.3 SCOPE OF COVERAGE

The following are included within the scope of this ordinance.

Erosion Control Plans are required in the following circumstances:
All persons submitting to the Jessamine County - City of 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, stripping, filling or other disturbance of the natural ground cover shall take place prior to approval of an 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.
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.
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 authorized 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 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 water course;
  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 a plowing, cultivation, construction of agricultural structures, ponds, waterways, 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. 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 floodplain);
  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 treatment systems, lateral sewer lines, geothermal systems, telephone lines, electricity lines, gas lines or other public service facilities.

Effective on: 1/1/1901

8.4 PROCEDURES AND STANDARDS FOR APPROVING SOIL EROSION CONTROL PLANS AND FOR ISSUING GRADING PERMITS

Request for Approval of Erosion Control Plans Associated with a Major Subdivision or Development Plan
All Erosion Control Plans shall be reviewed by the Jessamine County-City of Wilmore Joint Planning Commission which shall approve or disapprove the Erosion Control Plan as a part of the Construction Plans submitted for all Major Subdivision Plats or Development Plans under the standards set by this ordinance. Such an approved Erosion Control Plan shall have the same status and effect as a Grading Permit and a separate Grading Permit shall not be required. Upon completion of the work required under an approved Erosion Control Plan, the Enforcement Officer shall certify on such Plan that the work has been completed.
Application for Approval of Grading Permit
Applications for approval of Grading Permits shall be filed with the Administrative Officer. The Administrative Officer shall review such plans and a Grading Permit shall be issued or denied by the Administrative Officer. Review of the decision of the Administrative Officer is available through the Board of Adjustment. Upon completion of the work required under an approved Grading Permit, the Enforcement Officer shall certify on the Permit that the work has been satisfactorily completed.
Extension of Time
Every approved Erosion Control Plan or Grading Permit shall expire six (6) months from the issuance of a Grading Permit or approval of an Erosion Control Plan. If work is not completed within the terms of the Permit, or work is not commenced within six (6) months after issuance, the Permit holder may request an extension. The Administrative Officer may extend the deadlines contained in the Plan or Permit respectively upon a showing by the applicant: a) that there is sufficient justification for the delay; b) that delay will not create a new erosion hazard or permit an existing one to continue; and c) that a new completion date has been set.

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 properties, and
2. identification of any structure or natural feature on the land adjacent to the site and within 250' which has a significant impact on drainage or siltation controls.
Property boundary bearings and distances for the site on which the work is to be performed.
A soil survey or a description of the main soil types (available from the Jessamine County Soil Conservation District).
The anticipated time of exposure of each area prior to the completion of effective erosion and sediment control measures.
Existing topography at contour intervals not exceeding five (5) feet.
Proposed topography at contour intervals not exceeding five (5) feet.
Elevation, dimension, location, extent and the slope of all proposed grading.
Location and identification of all site features (either man-made or natural) which have a significant impact on drainage or siltation controls.
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.
Plans for removal, re-contouring or other final disposition of sediment basins or other structural improvements or devices included in the plan.
If a sedimentation basin is required, it should be designed by a registered engineer.

Factors Which Shall be Considered in Reviewing Applications for Erosion Control Plans and/or Grading Permits

The development should relate to the specific site conditions.
The plan should keep land grading and land disturbance to a minimum under the circumstances.
Both surface and storm water drainage systems should be integrated to accommodate the increased runoff incurred during land grading.
To prevent soil erosion, existing temporary and future protective vegetative cover should be emphasized.
The plan shall coordinate grading operation and sediment control measures so as to minimize land exposure to erosion.
Sediment basins below high sediment producing areas should be planned, installed and maintained as safety devices to catch and trap excessive sediment from the development site.
The plan should utilize available technology to keep soil erosion to a minimum level.
Retaining walls shall be planned, installed and maintained where slope is steeper than one (1) foot vertical in two (2) foot horizontal on excavated slopes, cuts or fills greater than four (4) foot vertical.
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.

Effective on: 1/1/1901

8.5 FAILURE TO COMPLETE WORK OR COMPLY WITH TERMS OF PLAN

Effective on: 1/1/1901

8.6 VIOLATIONS AND PENALTIES

Violations

Correction of Violations

Penalties

Effective on: 1/1/1901

8.8 GRADING PERMIT

A grading permit shall be subject to the same dimensional limitations and fee structure as a building permit.

JESSAMINE COUNTY WILMORE PLANNING COMMISSION APPLICATION FOR GRADING PERMIT

Date	__________________________________________________
Application No.	__________________________________________________

NOTE: This application shall expire six (6) months from the date of issuance in accordance with Section 8.4(a)(3) of the Wilmore Zoning Ordinance.

1.	Name of Applicant	__________________________________________________
	Address	__________________________________________________
	Phone	__________________________________________________

2.	Name of Engineer (if applicable)	__________________________________________________
	Address	__________________________________________________
	Phone	__________________________________________________

Name of Subdivision (Plat Cabinet/Slide Reference) _____________________________________________
Location/Description; note in city of in county: __________________________________________________
_______________________________________________________________________________________
(In addition, please attach copy of deed and plat, if applicable)
Zoning District __________________________________________________
Number of Lots/Area of Tract __________________________________________________
List all proposed grading changes and/or improvements proposed:

Describe proposed handling, storage and replacement of topsoil:

Describe proposed handling of off-site run-off; attach storm water management plan; if culvert required, describe type and size and anticipated flow:

_____________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________

If a retaining wall is required, attach construction details, including, but not limited to height materials, type of construction:

If fill is proposed, attach typical sections and describe fill material and placement of fill:

If cut is proposed, attach typical sections and describe handling of excess material:

Anticipated Completion Date:________________________________________________________________

Signatures:

_____________________________	___________________________________
Applicant	Engineer (if applicable)

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

FOR OFFICIAL USE

Date Received	___________________________________________
Action by Administrative Officer	___________________________________________
If permit rejected, state reason(s)	___________________________________________

___________________________________	_____________________
Administrative Officer	Date

Completion certified by Administrative Officer:

___________________________________	_____________________
Administrative Officer	Date

Effective on: 1/1/1901

Erosion

Erosion - The process by which the ground surface is worn away by the action of wind or water.

Effective on: 1/1/1901

Excavation or Cut

Excavation or Cut - Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated, and shall include the conditions resulting therefrom.

Effective on: 1/1/1901

Fill

Fill - A deposit of soil, rock, concrete or asphalt to replace or supplement the original soil or sub-soil.

Effective on: 1/1/1901

Grading

Grading - Any stripping, excavating, filling, stockpiling of soil or any combination thereof, and shall include the land in its excavated or filled condition.

Effective on: 1/1/1901

Natural Features

Effective on: 1/1/1901

Natural Ground Surface

Effective on: 1/1/1901

Sediment

Sediment - Any solid material, both mineral and organic that is in suspension, is being transported or has been moved from its site or origin by air, water or gravity as a product of erosion.

Effective on: 1/1/1901

Slope

Slope - Any inclined, exposed surface of a fill, excavation or natural terrain.

Effective on: 1/1/1901

Soil

Soil - All earth material of whatever origin that overlies bedrock, and may include the decomposed zone of bedrock which can be readily excavated by mechanical equipment.

Effective on: 1/1/1901

Stripping

Stripping - Any activity which removes or significantly disturbs the vegetative surface cover including clearing and grubbing operations.

Effective on: 1/1/1901