(a) Purpose. To assure that land-disturbing activity undertaken in the city does not result in accelerated erosion and sedimentation, no such land-disturbing activity shall take place until plans for controlling erosion associated with the activity have been reviewed and approved in accordance with the procedures set forth below.
(b) Pre-application conference. Prior to applying for a grading permit and submitting erosion control plans, the applicant is encouraged to meet with the erosion and sedimentation control staff of the city to discuss the proposed project. At this meeting, questions regarding information required in the application, schedules for review and construction, and special requirements can be addressed.
(c) Plan submittal.
(1) Filing of application. An application for a grading permit shall be filed with the development and permitting center at least 30 days prior to beginning the proposed land-disturbing activity. Application for a permit shall be made on a form provided by the development and permitting center.
(2) Fees. A permit fee as established by the City of Asheville Fees and Charges Manual shall be due and payable when the application is submitted.
(3) Plan required. All applications for a grading permit shall be accompanied by either a formal erosion control plan or a sketch erosion control plan. A formal plan shall be required when an area of more than 10,000 square feet is to be uncovered. When less than 10,000 square feet are to be uncovered, a sketch plan shall be required. The plans shall be prepared in accordance with the requirements set forth in subsection 7-12-2(c).
(d) Staff review.
(1) Receipt of plans. Upon receipt of the grading permit application and erosion control plan, the erosion and sedimentation control staff shall conduct an initial review of the application and plan to insure that it meets the requirements of section 7-12-2 of this chapter.
(2) Distribution of plans. Upon completion of the initial review, one copy of formal erosion control plans shall be forwarded to the Buncombe County Soil and Water Conservation District for review as required.
(3) Review period. Provided the application is complete, the erosion and sedimentation control staff shall have ten working days following receipt of a sketch erosion plan to review it and notify the applicant of its status. Provided the application is complete, failure to approve, deny or request additional information on the plans within this time shall result in the refund of application fees. The refund of the application fee due to the expiration of the ten working days shall not cause the review of the application to cease. Staff shall continue with the review of the application.
Following receipt of a formal erosion control plan, the erosion and sedimentation control staff shall have 30 days to review it and notify the applicant that it has been approved, approved with modifications, approved with performance reservations, or disapproved. Revised plans must be approved or denied within 15 days.
Provided the application is complete, failure to act on the plans within these time periods shall result in the refund of application fees.
(e) Public notification. No public notification is required for grading permit requests and erosion control plan review.
(f) Formal review. Formal review of grading permit requests and erosion control plans before a board or commission is not required.
(g) Variances. No variances shall be granted from the requirements that a grading permit be obtained and an erosion control plan be approved prior to initiating any land-disturbing activity subject to the soil erosion and sedimentation control regulations set forth in section 7-12-2 of this chapter.
(h) Appeals. Appeals from decisions of the erosion and sedimentation control staff regarding approval of erosion control plans shall be heard by the city's erosion control plan review committee pursuant to that procedure set forth in subsection 7-12-2(s) of this chapter. The applicant must submit a written demand for a hearing within 15 days following receipt of the written notice of the erosion and sedimentation control staff's decision.
(i) Permit validity. When work under a grading permit is not completed within 12 months following the date of issuance of the grading permit, the grading permit shall be deemed expired. Renewal of the grading permit will require the same application procedure as the initial permit. No further grading work is to be performed until the new permit is issued. This provision, however, shall not apply to construction projects which are to be completed in phases provided that the initial application for the erosion control plan for the construction- site indicates a proposed schedule and an erosion control plan for all the phases. In the event that the project is done in separate phases, an erosion control plan for each separate phase shall be submitted and approved by the city with the 12-month period applying to each separate phase.
(j) Violations. Violations of the soil erosion and sedimentation control regulations of this chapter shall be subject to the enforcement and penalty provisions set forth in article XVIII of this chapter.
(Ord. No. 2369, § 1, 5-27-97)