DRAFT resolution (individual lot) to be discussed, with possible action, by
the County Planning Commission at 7:30 P.M. on Thursday, May 1st in the Supervisors
Room at the Courthouse.
DRAFT 04-21-2008
RESOLUTION NO. 2008 - ____
A RESOLUTION PROVIDING FOR INDIVIDUAL LOT EROSION CONTROL
WHEREAS, the Board of Supervisors of Washington County, Nebraska recognizes that:
(1) soil erosion is a major contributor to pollution in the County’s waterways;
(2) sediment can move off-site through ditches, storm drains or across other property and be
deposited in a creek, stream or wetland;
(3) sediment can clog storm drains and drainage culverts and pose a safety hazard on streets,
public and private rights-of-way; and
(4) uncontrolled or improperly controlled sediment can impact adjacent property owners.
WHEREAS, the Board of Supervisors of Washington County, Nebraska, deem it to be in the interest of the public health, safety, morals, comfort and general welfare of said County and its residents that construction activity should be regulated to minimize soil erosion; and
WHEREAS the Board of Supervisors of Washington County, Nebraska, deem it to be in the interest of the public health, safety, morals, comfort and general welfare of said County and its residents that local erosion and sediment control regulation is appropriate; and
WHEREAS, soil erosion can occur on construction activity sites of any size, be it less than an acre or more than an acre; and
WHEREAS, erosion and sediment control during construction activity is important and that Best Management Practices (BMP’s) implemented by the builder \ owner protect natural resources; and
WHEREAS, the Board of Supervisors of Washington County, Nebraska, deem that
builders and lot owners are responsible to minimize erosion and sediment impacts from construction activity; and
WHEREAS, the use of silt fences and straw bale barriers are a common, but not the only practices, for controlling soil erosion; and
WHEREAS, the County has available
drawings, standards and specifications to assist owners \ builders on how to
properly locate and install such silt fences and straw bale barriers (refer to
Exhibit A ___); and
WHEREAS, in 2007 the County adopted Storm Water Management Policies; and
WHEREAS, these policies should be
adhered-to on an individual lots, where applicable; and
WHEREAS, in order to regulate construction activity regarding erosion and sediment, an
Individual Lot Notice of Intent (NOI) Form
(refer to Exhibit B ___) shall be completed by the owner \
builder; purpose being to provide them with a listing of the essential items
necessary to minimize erosion and sediment impacts from construction activity;
and
WHEREAS, owners \ builders must file for such Individual Lot Notice of Intent (NOI) Form, as obtained from the County Planning Department, and that this is a part of the building permit application process; and that no building permit will be issued until the applicable NOI fees have been paid and the NOI has been approved by the Planning Department; and
WHEREAS, in order to enforce the NOI
requirements and to verify that erosion control measures are properly installed
and maintained throughout a construction activity project, the County has hired
a registered professional engineering firm the engineering firm of JEO
to conduct site visits to verify compliance with the NOI (refer to Exhibit C
___); and
WHEREAS, storm water is defined as water that originates during precipitation events; and
WHEREAS, all (100%) the costs incurred by the
County’s hired registered professional engineering firm JEO for
erosion control review on an individual lot are to be paid by the owner \
builder. This Individual Lot Erosion Control Fee (ILECF) is $200 per visit with
4 visits being the estimated minimum number. Should more be necessary, the
owner \ builder is responsible for paying such fee. The County will collect $800
ILECF at the time the NOI is applied-for. This $800 (minimum 4 visits) is
detailed as follows: (1) before grading; (2) interim, after a an
storm water event; (3) interim, after a an storm water
event; (4) at end to verify ground cover established. A home will not be
granted occupancy, or a non-residence a passed final inspection by the County
Building Inspector \ Planning Department until all County permit requirements
have been met and additionally that the County’s hired registered
professional engineering firm JEO has signed-off on the lot that all
requirements have been satisfied and all fees have been paid. Any un-used fees
(principal only) as determined by the County’s hired registered professional
engineering firm JEO will be returned \ refunded to the owner
\builder; and
WHEREAS, it is the owner \ builder’s responsibility to call County when initial (before grading) controls are in place. The County’s hired registered professional engineering firm
JEO
will then be notified to perform a field check (visit #1 above). The
County’s hired registered professional engineering firm JEO will then
notify County (letter, email) that initial inspection passes and grading &
building permit inspections can commence; and
WHEREAS, in addition to the
County’s hired registered professional engineering firm JEO
inspections as listed above the County’s designated Building Inspector shall
review the erosion control measures when performing building inspections. He
shall report to the County Planner any problems; and
WHEREAS, the Board of Supervisors of Washington County, Nebraska deem that this Resolution should only apply in the following situations:
1. new homes (including manufactured \ modular homes) in platted subdivisions;
2. new homes (including manufactured \ modular homes) on tracts \ lots of 15 acres
or less in size; and
3. accessory buildings (barns, sheds) in platted subdivisions only and then only
when the accessory building exceeds 800 square feet in size.
WHEREAS, the Board of Supervisors of Washington County, Nebraska deem the
following are exempt from this Resolution:
1. new homes on tracts \ lots of over 15 acres in size;
2. additions to homes (residential additions); and
3. accessory buildings (sheds, barns, silos, etc) throughout the County in non-
subdivision \ subdivided areas.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF WASHINGTON COUNTY, NEBRASKA, that Exhibits A, B and C ____attached
hereto and incorporated by this reference are hereby adopted and shall be in
full force and affect from and after its adoption, publication, and filing as
provided by law and all resolutions or parts of all resolutions in conflict
herewith are hereby repealed;
APPROVED AND ADOPTED THIS ___ DAY OF _______________________, 20__.
WASHINGTON COUNTY BOARD OF SUPERVISORS, WASHINGTON COUNTY, NEBRASKA BY:
_____ _________________________________, CHAIRMAN
ATTEST: ________________________________, CO
NOTE: Exhibits available at County Planning Office 3rd floor, Courthouse
DRAFT resolution (drainage studies, etc.) to be discussed, with possible action, by
the County Planning Commission at 7:30 P.M. on Thursday, May 1st in the Supervisors
Room at the Courthouse.
DRAFT 04-21-2008
RESOLUTION NO. 2008 - ____
A RESOLUTION PROVIDING FOR THE REVIEW OF DRAINAGE STUDIES, EROSION CONTROL PLANS AND A SCHEDULE OF FEES
WHEREAS, the Board of Supervisors of Washington County, Nebraska recognizes that:
(1) soil erosion is a major contributor to pollution in the County’s waterways;
(2) sediment can move off-site through ditches, storm drains or across other property and be
deposited in a creek, stream or wetland;
(3) sediment can clog storm drains and drainage culverts and pose a safety hazard on streets,
public and private right-of-ways; and
(4) uncontrolled or improperly controlled sediment can impact adjacent property owners.
WHEREAS, the Board of Supervisors of Washington County, Nebraska, deem it to be in the interest of the public health, safety, morals, comfort and general welfare of said County and its residents that construction activity should be regulated to minimize soil erosion; and
WHEREAS the Board of Supervisors of Washington County, Nebraska, deem it to be in the interest of the public health, safety, morals, comfort and general welfare of said County and its residents that local erosion and sediment control regulation is appropriate; and
WHEREAS, the Board of Supervisors of Washington
County, through Resolution # 2007-21, that, among other items, employed the
professional services of a registered professional engineering
firm JEO Consulting Group to review NPDES Permit Applications,
Erosion Control Plans, Storm Water Pollution & Prevention Plans, as well as
onsite reviews of contractors \ developers implementation of those plans; and
WHEREAS, all (100%) the costs
incurred by the County’s hired registered professional engineering firm
JEO on drainage study, Storm Water Pollution Prevention Plan, and NPDES
Permit reviews plus the initial site visit and random site visits to check
status of erosion control measures during construction, plus construction plan
compliance site visit and reviews are all necessary to verify compliance with
Resolution 2007-21; and
WHEREAS, Exhibit A lists estimated fees for the costs of such services performed by
the County’s hired registered professional
engineering firm JEO,
based on the number of acres involved; and
WHEREAS, the County Board of Supervisors will review these fees on a regular basis for any adjustments that may be necessary; and
WHEREAS, these estimated fees are to
be paid entirely (100%) by the contractor \ developer. These fees are estimates
and should additional costs be incurred by the County’s hired registered
professional engineering firm JEO, the owner \ builder is responsible
for paying such fee. Any un-used fees (principal only) as determined by the
County’s hired registered professional engineering firm JEO will be
returned \ refunded to the contractor \ developer. The County will collect all
of these estimated fees at the time a final plat application is submitted to the
County Planning Department; and
WHEREAS, there is to be no construction activity, such as dirt moving, grading, etc until
the County’s hired registered professional
engineering firm JEO
has signed-off on the subdivision, development, etc. that all requirements have
been satisfied and all fees have been paid; and
WHEREAS, a one-time lot split, as per the Zoning and Subdivision Regulations, is not considered a subdivision or a development;
WHEREAS, it is the contractor \
developer’s responsibility to call County when initial (before grading) controls
are in place. The County’s hired registered professional engineering firm
JEO will then be notified to perform an initial site visit. The
County’s hired registered professional engineering firm JEO will then
notify County (letter, email) if initial inspection passes and if grading can
commence and building permits can be issued; and
WHEREAS, the use of silt fences and straw bale barriers are a common, but not the only
practices, for controlling soil erosion; and
WHEREAS, the County has available
drawings, standards and specifications to assist contractors \ developers on how
to properly locate and install such silt fences and straw bale barriers
(refer to Exhibit B); and
WHEREAS, in 2007 the County adopted Storm Water Management Policies; and
WHEREAS, these policies should be adhered-to in the subdivision \ development, where applicable; and
WHEREAS, the County Planning Department and the County’s hired registered
professional engineering firm
JEO
shall use a Drainage Study and Erosion Control Plan Checklist, based on the
current subdivision regulations, in order to assist the County’s hired
registered professional engineering firm JEO and each contractor \
developer regarding the County’s requirements; and
WHEREAS, the County’s hired
registered professional engineering firm JEO shall write a comment
letter \ email to the County Planning Department regarding the drainage study,
the Storm Water Pollution Prevention Plan, and the NPDES permit a
minimum of 10 working days prior to the County Planning Commission meeting at
which the final plat is on the Commission’s agenda; and
WHEREAS, the County’s hired registered professional engineering firm shall provide a comment letter \ email to the County Planning Department stating their agreement with the Storm Water Pollution Prevention Plan (SWPPP) and the NPDES permit prior to any construction activity at the site; and
NOW, THEREFORE, BE IT RESOLVED BY
THE BOARD OF SUPERVISORS OF WASHINGTON COUNTY, NEBRASKA, that Exhibits A
and B attached hereto and incorporated by this reference is are
hereby adopted and shall be in full force and effect from and after its
adoption, publication, and filing as provided by law and all resolutions or
parts of resolutions in conflicts herewith are hereby repealed;
APPROVED AND ADOPTED THIS ___ DAY OF _______________________, 20__,
WASHINGTON COUNTY BOARD OF SUPERVISORS, WASHINGTON COUNTY, NEBRASKA BY:
_________________________________, CHAIRMAN
ATTEST: _________________________________, COUNTY CLERK
NOTE: Exhibits available at County Planning Office 3rd floor, Courthouse