Owner / Developer Requirements
Erosion Control Instructions for Subdivision Development Owner / Developers
- If the development of the subdivision, in its entirety, will disturb 1-acre of ground or more, the developer must apply for a federal/state NPDES stormwater discharge permit by sending a Notice of Intent (NOI) to KDHE in Topeka. The development of a Stormwater Pollutions Prevention Plan (SWP3) is required. This must be done before construction begins.
- The developer must furnish the City Building Inspection Department a copy of the NOI and SPW3 before construction begins.
- Assess site conditions. Examine perimeter of subdivision to find locations where water can flow from the project site onto other adjacent properties, public rights-of way, or ditches. Determine if there are creeks, ditches, or ponds located on the site. These are all locations at which the developer will be required to install erosion control devices unless a minimum 20-foot grass buffer strip is maintained (undisturbed) between disturbed earth and the property line of drainage feature. These locations will generally require haybale or silt fence barriers.
- The developer must install stabilized construction entrances/exits wherever construction traffic leaves or enters existing streets.
- The developer is required to inspect these erosion control devices at least once each week and after every rain of 1/2-inch or more to determine the condition of the devices. Written documentation of inspection must be maintained. Devices must be kept in good working condition and shall be replaced immediately if found not to be in working condition.
- The developer must review the erosion control requirements with each purchaser of property and/or builder working in the subdivision. Each should be required to sign an acknowledgement statement verifying that they are aware of these requirements.
- As the development of the subdivision progresses, various contractors, such as those installing streets and storm sewers, will be required to install additional erosion control devices. Once these devices are installed, the developer will be responsible for inspecting and maintaining them.
- As construction work in all or major portions of a subdivision is completed, and disturbed areas are at least 80% stabilized, the developer will be required to remove and dispose of any remaining erosion control devices.
Failure to comply with these instructions will subject the contractor to the penalties prescribed in Section 19-514 of ordinance 1285 of the City of Andover, Kansas.