(A) Permit required. A natural resources management permit (NRMP) shall be required before any land- disturbing activity in connection with any of the following:
(1) New development in any zoning district;
(2) New building construction in any zoning district;
(3) Any project which requires a building permit and will result in the expansion of any existing building or impervious surface unless the city determines that no natural resources, such as trees or water bodies, will be directly affected by the project;
(4) Any land-disturbing activity or project, other than commercial excavation, that directly or indirectly affects natural resources, such as near slopes, trees or water bodies; or
(5) The construction or installation of 0.2 or more acres of impervious surface on any lot.
(B) Permit application. The application for the permit shall be made in writing to the city on such form as the city may designate and shall include such information as the city shall require.
(C) Review of approval process of permit application.
(1) Projects of five or more acres. Projects located on a parcel of land of five or more acres or involving the subdivision of land shall be submitted to and approved by the City Council. Projects on platted lots of less than five acres shall be approved administratively by city staff, unless city staff presents it to the City Council for its review and approval.
(2) Permit and plan approval.
(a) Submittal. Any application for an NRMP shall be submitted to the city, along with the natural resources management plan and required fees, at least 15 business days prior to the city’s consideration of the application. The following requirements shall be met:
1. A site plan depicting the proposed project shall be submitted and approved by the city;
2. The plan shall be consistent with any approved subdivision grading plan;
3. The plan shall be consistent with the city’s operational plans or any other applicable operation plan as defined herein;
4. The plan shall not adversely impact neighboring properties;
5. The plan shall not irreparably adversely impact natural resources;
6. The plan shall meet the requirements of this chapter; and
7. The plan shall provide for and include any of the following requirements if the city determines that the project mandates all, or a combination thereof, of the following requirements for the protection of public safety, health and welfare:
a. Properly fence any slope of 3:1 or greater that is adjacent to a project property line and which is deemed hazardous or dangerous by the city;
b. Slope the banks, fill, level off any depression or mound or otherwise place in such condition at any time so as not to be dangerous because of sliding or caving banks; and so as to minimize or stop erosion or dust during or after the grading operation;
c. Correct or repair any land surface area that has unsafe, hazardous or eroding slopes or holes/depressions; and
d. Operate construction and grading equipment only between the hours of 6:30 a.m. and 5:30 p.m., Monday through Friday.
(b) Approval. Upon finding that the above requirements have been met, the city will issue a permit in accordance with the provisions of this chapter.
(D) Expiration of permit and plan. Any natural resources management permit issued pursuant to the requirements of this chapter shall expire one year from the date of issuance if significant progress of the work covered by such permit is not accomplished, unless an extension of the permit is requested in writing by the applicant and approved in writing by the city. Notwithstanding the expiration of the permit, the applicant is bound by the terms of the natural resources management plan requirements to the extent to restore the land grade and prevent any erosion and illicit discharge.
(E) Revocation of permit. Failure to comply with the approved terms and conditions of a natural resources management plan shall be grounds for revocation of the natural resources management permit by the City Council, following a public hearing. Written notification of said public hearing shall be mailed at least ten days prior to said hearing to the current holder of the permit. Such notice should outline the violation(s) considered by the city to be grounds for revocation and inform the current holder of the permit of the opportunity to be heard at such public hearing.
(Ord. 633, passed 10-9-97; Am. Ord. 712, passed 4-25-02; Am. Ord. 864, passed 6-11-09)