§ 106-16. Dust, dirt and control of construction site runoff.
Every use shall be so operated as to prevent the emission into the air or storm sewers, streams, canals, lakes or waterbodies of dust, soil, dirt, sediment or other solid matter which may cause damage to property or health of persons or animals at or beyond the lot line of the property on which the use is located.
(1)
General. As a general requirement, all commercial projects and all lakefront residential projects shall have temporary erosion and sediment control devices in place at all times during the construction phase. Said devices shall provide the necessary treatment of runoff such that state surface water quality standards are not violated at any time. These devices shall be removed at the end of the project only after approval by the city engineer or city building official. Any construction project, regardless of location, shall be required to control construction site runoff to meet state surface water quality standards. Nothing herein shall prevent or preclude any state or federal water quality enforcement agency from imposing penalties for violations of state or federal law. Any unauthorized or illicit discharges will be subject to enforcement pursuant to City Code and as otherwise provided by law.
(2)
Commercial projects. All commercial projects shall have an approved erosion control plan on file with the city as a part of the building permit documents. This plan shall be prepared by the appropriate design professional for the project or, as an alternative, by the licensed contractor whose name the permit is under. As with all other building permit documents, an approved copy of this plan shall be maintained at the jobsite for the duration of the project.
The erosion control plan shall include the placement and use of silt fences, swales, retention areas, hay bales, temporary grassing, turbidity barriers or other such devices as needed to prevent the transport of sediment from the site and into storm drains and waterbodies. Fill or runoff will not be allowed to encroach onto adjacent properties without the necessary easements.
Examples of acceptable devices are shown on details provided by the Florida Department of Transportation.
The owner and contractor shall be responsible for adhering to these requirements and shall also be responsible for correcting any damage caused by the lack or improper use thereof. This shall include cleaning of storm inlets and pipes that become blocked, partially or fully, by debris, trash or sediment from a construction site.
Sites having 1.0 or more acres of disturbed area shall also show evidence of Florida Department of Environmental Protection (FDEP) NPDES notification (Notice of Intent for Construction Activities also known as NOI).
Failure to comply with these requirements may result in enforcement action by the City of Winter Garden or other agencies which may include termination of building permit, fines, or other appropriate actions.
(3)
Residential projects. All lakefront residential projects shall have an approved erosion control plan on file with the city as a part of the building permit documents. This plan shall be prepared by the appropriate design professional for the project or, as an alternative, by the licensed contractor whose name the permit is under. As with all other building permit documents, an approved copy of this plan shall be maintained at the jobsite for the duration of the project.
All other residential projects (i.e. not lakefront) shall control job-site erosion to prevent sediment runoff from leaving the immediate site. This would especially apply to construction in areas without stormwater treatment facilities (i.e. retention ponds). In any case, the contractor and owner shall be responsible for maintaining erosion and sediment control and for any damage caused as a result thereof.
The erosion control plan shall include the placement and use of silt fences, swales, retention areas, hay bales, temporary grassing, turbidity barriers or other such devices as needed to prevent the transport of sediment from the site and into storm drains and waterbodies. Fill or runoff will not be allowed to encroach onto adjacent properties without the necessary easements.
Examples of acceptable devices are shown on details provided by the Florida Department of Transportation.
The owner and contractor shall be responsible for adhering to these requirements and shall also be responsible for correcting any damage caused by the lack or improper use thereof. This shall include cleaning of storm inlets and pipes that become blocked, partially or fully, by debris, trash or sediment from a construction site.
Sites having 1.0 or more acres of disturbed area shall also show evidence of Florida Department of Environmental Protection (FDEP) NPDES notification (Notice of Intent for Construction Activities also known as NOI).
Failure to comply with these requirements may result in enforcement action by the City of Winter Garden or other agencies which may include termination of building permit, fines, or other appropriate actions.
(Ord. No. 00-13, § 3, 3-23-00; Ord. No. 05-61, § 2, 12-8-05)