(A)   The owner shall submit, with the application for permit, plans and specifications for the proposed work.
      (1)   (a)   The plans and specifications shall be prepared by a registered professional designer. The basis for such plans shall be a field topographic survey by a registered surveyor.
         (b)   The designer is responsible for the compliance of the project with these regulations. Documentation indicating compliance with all applicable sections of these regulations may be combined with other compliance documentation for other regulations, such as the building code, provided that the requirements of each regulation are met.
         (c)   The development plan, as produced by a designer, shall be accepted as a professional document. The responsibility for proper and correct designs and document preparation lies with the designer.
         (d)   The Designer is responsible for selecting and developing the appropriate earthwork principles, techniques, methods, operations and work sequences to meet the objectives, guidelines and requirements of these regulations as they apply to the project under consideration.
         (e)   Responsibility for the content and accuracy of the documents, both preliminary and final, lies with the designer.
      (2)   The designer, in developing the design and documents, shall take into consideration general guidelines and standards, including but not limited to:
         (a)   Identify, in the preliminary phase, on-site and off-site areas vulnerable to erosion and sediment damage.
         (b)   Show on preliminary engineering documents temporary and permanent methods, features and facilities to control runoff as required under existing regulation.
         (c)   At the commencement of earth movement, prepare and install erosion control measures and features, as indicated on the approved drawings, to prevent the effect of erosion on the project site and surrounding properties during the project.
         (d)   Limit earth disturbing operations to only those area involved in the construction activities.
         (e)   Retain and utilize as much existing vegetation as possible to slow water runoff.
         (f)   Preservation of existing trees, shrubs and other plant life is strongly encouraged.
         (g)   Protect trees around the perimeter of the construction to prevent root, trunk and branch injury or dismemberment.
         (h)   The smallest practical area of land shall be exposed or denuded at any one time, consistent with the construction operation.
         (i)   Control runoff originating upgrade from the construction site to minimize flow over the construction site as required under existing regulation.
         (j)   The installation of the erosion and sediment control system shall be done progressively as the project is constructed. Where slow growing or dormant seasons occur, utilized alternate or temporary solutions as required under existing regulations.
         (k)   Construct earth-berm type siltation traps around the downhill slope perimeter of the project site as required under existing regulations.
         (l)   Contractor shall inspect all erosion control devices after every erodible rain and make necessary repairs or clean up material to maintain effectiveness of control devices within a reasonable period of time.
         (m)   Stabilization of graded areas shall be done as soon as possible after construction. Temporary seeding and mulching shall be provided where and when stabilization is designated on the plan.
         (n)   Remove erosion control devices upon stabilization of all disturbed areas or upon completion of the project, whichever comes first.
         (o)   Methods of erosion, sediment and storm water runoff control, other than those required under existing regulation, will be considered on individual merit, but must be submitted for approval prior to use/installation. The same holds true for revisions in the control plan, changes in the operations or construction or other unforeseen conditions.
         (p)   No required control shall be removed during the permit period without approval of the designer and the Enforcing Official.
      (3)   Review of the documents by the Enforcing Official shall utilize the same guides and standards, but shall be limited to ensuring compliance with these regulations, the reference standards and the procedures of the city. Comments developed during the review will be limited to discrepancies, inaccuracies, lack of information, questions of scope, items of noncompliance, and the like; there will be no recalculation or redesign of any portion of the project by the reviewer.
      (4)   The Enforcing Official shall issue a permit for earthwork operations solely on the basis of those plans and specifications approved by the Enforcing Official. The Enforcing Official shall be satisfied that the proposed excavation and/or fill or other operations will not cause a hazard, before a permit authorizing the excavation and/or fill shall be issued.
      (5)   The approved plan shall be enforced by the enforcing agency, and all work noted on said plan in the specifications or required to accomplish such plan/design shall be required and performed in accord with approved plan. All discrepancies shall be considered violations of these regulations and processed as such by the enforcing agency.
      (6)   The plans and specifications submitted with the permit application shall contain:
         (a)   The earthwork regulation permit applicant's name and address;
         (b)   A plan, drawn to scale, showing location and limits of the proposed work area(s), property lines, and all easements; with adequate details;
         (c)   Existing and proposed elevations of the work area by contours at five-foot maximum intervals;
         (d)   Location and extent of visibly evident excavations or fills, slope instability, erosion and water seepage or wet conditions;
         (e)   The location of any existing and proposed streets;
         (f)   The location of any existing buildings or structures on and within 15 feet of the site;
         (g)   The location and depth of any existing drainage and sewer systems on or serving the site, and the location and approximate depth of all utilities and other buried facilities;
         (h)   Existing and proposed drainage structures, walls, cribbing and surface protection, and any necessary temporary earth-restraining or erosion and sediment control installation as required under existing regulations;
         (i)   Provisions for temporary and permanent drainage of the property, including any new or altered sewer systems;
         (j)   A description of the proposed temporary and/or permanent methods of the protection of the soils from erosion as required under existing regulation.
      (7)   The plans and specifications may be required to contain additional information when requested by the Enforcing Official, including but not limited to:
         (a)   A report from a qualified geotechnical engineer showing the results of surface and subsurface exploration, conditions of the land, procedures for performing the grading operations, maximum slope to satisfy stability, and other geotechnical design requirements;
         (b)   All drainage provisions which shall be of such design to adequately accommodate the surface runoff, together with a map showing the drainage area of all land tributary to the site, and estimated runoff (cubic feet per second) of the area served by any drainage course computed according to current acceptable standards as required under existing storm system design regulation;
         (c)   A description of the borrow material, its source, the construction methods to be used and the specified minimum degree of compaction;
         (d)   The preparation of existing ground surface to receive fill;
         (e)   Subsurface drainage where necessary for stability;
         (f)   An estimated schedule indicating the anticipated starting and completion times of the development sequence, including clearing land grubbing, stripping, rough grading and construction, final grading and vegetative establishment, and maintenance, and the time of exposure of each area prior to the completion of approved erosion and sediment control measures.
      (8)   For all proposed excavations, the owner is responsible for notifying the Underground Utilities Protection Service of the location of the excavation site, per IC 8-1-26 et seq.
   (B)   Waivers or modifications can be made pursuant to § 153.31 herein.
(Ord. 2005-2, passed 3-21-05; Am. Ord. 2006-01, passed 3-20-06) Penalty, see 153.99