Sec. 11-37. - Adoption of regulations.
Sec. 11-38. - Administration and enforcement.
Secs. 11-39—11-55. - Reserved.
The sediment and stormwater management program in the city is hereby established in order that the city may act as agent for the department of natural resources and environmental control (DNREC) of the state in administering and enforcing regulations consistent with the provisions of 7 Del. C. ch. 40, (§ 4001 et seq.), for the control of soil erosion, sediment damage and stormwater runoff, resulting from land disturbing activities, as defined in 7 Del. C. § 4002, within the city.
(Ord. No. 91-076, § 1(24-9), 11-7-91)
Sec. 11-37. - Adoption of regulations.
In that the city, through its departments of public works and of licenses and inspection, has entered into an agreement with DNREC for purposes of administering and enforcing the Delaware Sediment and Stormwater Management Regulations and the Erosion and Sediment Control Handbook, the most current edition or approved revisions thereof, the city shall adopt by resolution of city council the regulations and the handbook consistent with the provisions of 7 Del. C. ch. 40 (§ 4001 et seq.). Upon approval of such resolution, copies of the regulations and the handbook shall be maintained on file in the city clerk's office.
(Ord. No. 91-076, § 1(24-10), 11-7-91)
Sec. 11-38. - Administration and enforcement.
(a)
Land-disturbing activities exceeding 5,000 square feet in area within the city shall have a sediment and stormwater management plan submitted to the department of licenses and inspection. The department of licenses and inspection shall then refer the proposed plans to the department of public works for its engineering review and compliance of the plans with the regulations and the handbook adopted by this article. Upon certification by the department of public works that the proposed plan does meet the requirements of the regulations and the handbook, and of any other applicable city regulations, the department of licenses and inspection shall make a determination of whether or not to issue the requisite permits in accordance with applicable provisions of this Code.
(b)
Land-disturbing activities which have been approved in accordance with the requirements of this article shall be monitored by the department of licenses and inspection's building inspectors who shall enforce the provisions of this article and the city's regulations, including the regulations and the handbook. Such land-disturbing activities shall be subject further to authorized periodic inspections by DNREC in accordance with the provisions of 7 Del. C. ch. 40 (§ 4001 et seq.).
(Ord. No. 91-076, § 1(24-11), 11-7-91)
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