10-22-2003 - Re: Use of right-of-way on Big Island

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6.43 ZONING REGULATIONS §78-1288 local soil and water conservation districts Sec. 78-1287. Stormwater management. and the United States Soil Conservation The followin Service. g general and specific standards shall apply in addition to those standards found (6) Fill or excavated material must not be in article VIII of this chapter and section 82-222: placed in a manner that creates an unsta- (1) When possible, existing natural ble slope. drainageways,wetlands and vegetated soil (7) Plans to place fill or excavated material surfaces must be used to convey, store, filter and retain stormwater runoff on steep slopes must be reviewed by the before city engineer for continued slope stability discharge to public waters. and must not create finished slopes of 30 (2) A development must be planned and con- percent or greater. ducted in a manner that will minimize the extent of disturbed areas,runoff velocities (8) Fill or excavated material must not be and erosion potential, and reduce and placed in bluff impact zones. delay runoff volumes. Disturbed areas (9) Any alterations below the ordinary high must be stabilized and protected as soon water level of public waters must first be as possible and facilities or methods used authorized by the commissioner of the to retain sediment on the site. department of natural resources under (3) When development density, topographic Minn. Stat. § 103G.245. features, and soil and vegetation condi- tions are not sufficient to adequately han- (10) Alterations of topography must only be dle stormwater runoff using natural fea- allowed if they are accessory to permitted tures and vegetation, various types of or conditional uses and do not adversely constructed facilities, such as diversions, affect adjacent or nearby property settling basins, skimming devices, dikes, (11) Placement of natural rock riprap, includ- waterways and ponds may be used. Fref- ing associated grading of the shoreline erence must be given to designs using and placement of a filter blanket, is per- surface drainage,vegetation,and infiltra- mitted if the finished slope does not ex- tion rather than buried pipes and manmade ceed three feet horizontal to one foot ver- materials and facilities. tical, the landward extent of the riprap is (4) When constructed facilities are used to within ten feet of the ordinary high water perform water management, documenta- level, and the height of the riprap above tion must be provided by a registered the ordinary high water level does not professional civil engineer that they are exceed three feet.Ariprap permit shall be designed and installed consistent with obtained per the requirements of section the field office technical guide of the local 78-969. soil and water conservation district. (5) New constructed stormwater outfalls to (fl Excavations where the intended purpose is public waters must provide for filtering or connection to a public water, such as boat slips, settling of suspended solids and skim- canals,lagoons and harbors,are prohibited above ming of surface debris before discharge. the ordinary high water level. Such excavations (Ord. No. 101 2nd series, § 1(10.56(16)(K)), 2-24- below the elevation or the ordinary high water 1992) level are subject to approval of the department of natural resources and other agencies with concur- Sec. 78-1288. Hard cover limitations. rent jurisdiction. (a) No hard cover or impervious surface shall (Ord. No. 101 2nd series, § 1(10.56(16)(J)), 2-24- be placed, located or constructed within 75 feet of 1992;Ord.No. 127 2nd series,§8,7-11-1994;Ord. the ordinary high water level of any lake or No. 163 2nd series, § 3, 12-8-1997; Ord. No. 171 tributary, except for stairways,lifts, landings and 2nd series, § 2, 4-4-1998) lockboxes as regulated elsewhere in this Code. CD78:193