[HISTORY: Adopted by the Common Council of the City Of Franklin 8-5-1997
by Ord. No. 97-1461 as Sec. 13.14 of the 1997 Code. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A practice or combination of practice to control erosion and attendant
pollution.
A written description of the number, locations, sizes and other pertinent
information of control measures designed to meet the requirements of this
chapter submitted by the applicant for review and approval.
The detachment and movement of soil, sediment or rock fragments by
water, wind, ice or gravity.
Any man-made change of the land surface, including removing vegetative
cover, excavating, filling and grading, but not including agricultural land
uses, such as planting, growing, cultivating and harvesting crops; growing
and tending gardens; and harvesting trees.
All sites on which land disturbances take place, whether or not subject
to the permit process of this chapter, must meet these standards:
A.Â
The area of bare soil exposed at any one time shall be
kept to a minimum by conducting activities in sequence.
B.Â
Disturbed ground left inactive for 15 or more days shall
be stabilized by seed, mulch or other equivalent measure.
C.Â
Channelized runoff from adjacent areas passing through
the site shall be diverted around disturbed areas, if determined practical
by the City Engineer.
D.Â
All control measures required to comply with this chapter
shall be based upon accepted engineering practice as identified by the City
Engineer. The City Engineer and/or the City Plan Commission may impose additional
standards upon a site to minimize air and water pollution and erosion.
No landowner or land user in the city may commence, allow or continue a land disturbance subject to this chapter without receiving prior approval of a control plan for the site and a permit from the City Engineer, unless the owner or land user has another permit for activities necessarily involving land disturbance, e.g., subdivision development, fill permit, zoning permit, special use permit, etc., and construction of a home. The landowner or land user controlling or using the site and desiring to undertake a land-disturbing activity subject to this chapter shall submit an application for a permit and control plan review and pay an application fee to the City Engineer as provided in Chapter 169, Licenses and Permits.
A.Â
A control plan for land-disturbing activities covering
more than two acres shall consist of the following:
(1)Â
Existing site map.
(a)Â
A map of existing site conditions showing the site and
immediately adjacent areas, including:
[1]Â
Site boundaries and adjacent lands which identify site
location.
[2]Â
Lakes, streams, wetlands, channels, ditches and other
watercourses and immediately adjacent to the site.
[3]Â
One-hundred-year recurrence interval floodplains, flood-fringe
areas and floodways and conservancy areas.
[4]Â
Vegetative cover.
[5]Â
Locations and dimensions of utilities' structures,
roads, highways and paving.
(b)Â
The City Engineer may request additional data.
(2)Â
Plan of final site conditions. A plan of final site conditions
showing the site changes.
(3)Â
Site construction plan.
(a)Â
A site construction plan, including:
[1]Â
Locations and dimensions of proposed land-disturbing
activities.
[2]Â
Locations and dimensions of temporary soil or dirt stockpiles.
[3]Â
Schedule of anticipated starting and completion date
of each land-disturbing activity.
[4]Â
An erosion control plan statement with map shall be submitted
to describe the site and erosion controls, including the site development
schedule that will be used.
(b)Â
The City Engineer may request additional data.
B.Â
A control plan statement for land-disturbing activities
covering less than two acres shall consist of the following:
A.Â
After receipt of the application, control plan or control
plan statement and fee, the City Engineer shall review the application and
control plan to determine if the plan or statement is adequate to meet the
purposes of this chapter. The City Engineer shall approve the plan with conditions,
request additional data, issue or deny the permit.
B.Â
An applicant aggrieved by the decision of the City Engineer
may appeal the decision to the Plan Commission.
Permits shall be valid for a period of one year from the date of issuance
or as otherwise set forth by the City Engineer, whichever is longer. The City
Engineer may extend the period for up to an additional 180 days. The City
Engineer may require additional control measures as a condition of the extension.
A.Â
Whenever this chapter, the approved plans or permit are
not complied with, a stop-work order may be served on the violator or his
or her representative, and a copy shall be posted at the site. The stop-work
order shall not be removed, except by written order of the City Engineer.
However, after issuance of a stop-work order, the violator or his or her representative
may conduct work on the site for the purpose of bringing the site into compliance
with this chapter.
B.Â
Fourteen days after issuance of a stop-work order with
continued noncompliance shall authorize the city to perform or contract with
others to perform the necessary work and materials to bring the project into
compliance.
C.Â
The costs shall be billed to the property owner and in
default of payment within 45 days the amount shall be entered on the tax roll
and collected as a special assessment.
