§ 159.03  PERMITS.
   (A)   Permits through the City of Ashland are required for all site construction projects and/or land disturbances. Depending on the amount of land disturbance, various levels of permits are required. Design requirements and erosion prevention and sediment control plans shall be prepared in accordance with §§ 159.05 and 159.06. Criteria for permit levels and submittal requirements are as follows:
      (1)   Level 1 permit.
         (a)   Site construction disturbs less than one acre of soil and is not a part of a larger development;
         (b)   Increased impervious area is less than 3,400 square feet;
         (c)   Ground slopes are less than 6%;
         (d)   Submit level 1 permit application accompanied by a plot plan that shows general erosion protection and sediment control notations and practices.
      (2)   Level 2 permit.
         (a)   Site construction disturbs less than one acre of soil and is not a part of a larger development;
         (b)   Increased impervious area is greater than 3,400 square feet;
         (c)   Ground slopes are less than 6%;
         (d)   Submit level 2 permit application accompanied by a detailed grading/erosion prevention and sediment control plan with details.
      (3)   Level 3 permit.
         (a)   Site construction disturbs one acre or greater of soil;
         (b)   Submit level 3 permit application accompanied by a detailed grading/erosion prevention and sediment control plan and a SWPP plan prepared by a qualified professional; submit KYDOW notice of intent (NOI). Copies of all state applications, plans, and NOIs must be submitted to the City of Ashland.
      (4)   Level 4 permit.
         (a)   Operations disturb less than one acre;
         (b)   Submit level 4 permit application;
         (c)   Permit renewed every three years.
   (B)   Contractor shall coordinate with the KYDOW and the U.S. Army Corps of Engineers to determine whether permits are required from those agencies before construction begins.
   (C)   No permit through the City of Ashland is required for the following activities:
      (1)   Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
      (2)   Existing nursery and agricultural operations conducted as a permitted main or accessory use. However, permitting through regional, state, and federal agencies may be required.
   (D)   Each permit application shall bear the name(s), telephone information, electronic contact information (if available), and address(es) of the owner and/or developer of the site, contractor for the site, and any consulting firm retained by the applicant together with the name of the applicant’s principal contact at the firm and shall be accompanied by a permit fee.
   (E)   Each permit application shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the EPSC plan and that a certified contractor be responsible for implementing and maintaining all aspects of that plan.
(Ord. 39-2005, passed 3-17-05)  Penalty, see § 159.99