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A. Permit Required: Every person shall obtain an erosion control permit (hereinafter "permit") before commencing any construction activity, unless performing work covered by an existing City approved erosion control permit or otherwise exempted by this chapter.
B. Elimination Required: Erosion, sediment, fugitive dust or discharge of pollutants, resulting from construction activities, which enter onto public property or private property not controlled by the permit holder, shall be eliminated to the maximum extent practicable unless otherwise permitted or exempted under this chapter.
C. Erosion Control Plan Required: An erosion control permit and plan is required for land disturbing or other construction activities. No final plat, subdivision site development plan, site plan, grading permit, building permit, or City project shall be approved without an approved erosion control plan.
D. Compliance Required: All construction activity commenced pursuant to an approved erosion control plan or permit must at all times comply with the conditions of the erosion control plan or permit. The permit holder is responsible for ensuring their contractor(s), subcontractor(s), utility trenching subcontractor(s), and all other persons entering the site abide by the conditions of the permit. The permit holder's signature or that of his authorized agent on the permit shall constitute an agreement by the permit holder to accept responsibility for meeting the conditions of the permit.
E. Work Without Permit Prohibited: No construction activity shall take place without a valid permit unless otherwise authorized or exempted under this chapter. If a permit has been suspended or revoked, or has expired, all work covered by the permit shall cease until a new permit is issued.
F. Unoccupied Property Where Topsoil Removed; Stockpiles: No owner or lessee of real property shall allow the property to be unoccupied, unused, vacant or undeveloped after the topsoil has been disturbed or the natural cover removed, unless control measures are undertaken to prevent mud, sand, dirt and gravel from migrating off site and entering the public right-of-way or a stormwater system. Soil or aggregate stockpiles shall not be stored on unoccupied, vacant, unused or undeveloped property unless permitted by the City and such control measures are in place. This provision is not meant to prevent individual homeowners from accepting title of land that is not yet landscaped, and such homeowners will not be in violation of this chapter.
G. Stabilization Required; Exceptions: All sites are required to be stabilized. Existing vegetation must be preserved where possible and disturbed portions of the site are stabilized. Operators of the sites must initiate stabilization measures, except as provided below, as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than fourteen (14) days after the construction activity in that portion of the site has temporarily or permanently ceased. Following exceptions are:
1. Where stabilization by the fourteenth day is precluded by snow cover or frozen ground conditions, stabilization measures must be initiated as soon as practicable.
2. Where construction activity on a portion of the site is temporarily ceased, and earth disturbing activities will be resumed within fourteen (14) days after construction activity, temporary stabilization measures do not have to be initiated on that portion of the site.
3. During the summer months when perennial vegetative stabilization measures are not possible within fourteen (14) days after construction activity has temporarily or permanently ceased. Temporary stabilization measures must be in place until final vegetative stabilization measures can be completed.
H. Signage: All construction projects which hold an erosion control permit shall display a sign at the main entrance of the property indicating the address of the property, if one has been assigned, or a lot or block number, the ESC permit number, the EPA permit number (if applicable), the responsible person's name and phone number, the stormwater pollution hotline phone number, and the location of the Federal Notice of Intent (NOI), and the Stormwater Pollution Prevention Plan (SWPPP). The City shall provide the materials for the signs. All required writing on the signs shall be legible and of sufficient size to be easily read from the street.
I. Fugitive Dust Control: In order to avoid pollutants from being discharged into waters of the State and waters of the U.S. and, the generation of dust must be minimized to the maximum extent practicable (MEP). No person shall cause, suffer, allow or permit crushing, excavation, screening, drying, handling or conveying of materials, stockpiling, sandblasting and related abrasion operations, demolition operations or any other operation likely to cause fugitive dust, or other airborne material, such as sand or abrasive materials, unless reasonable control measures are in place to prevent particulate matter from becoming airborne. All reasonable precautions shall be taken to prevent fugitive dust.
J. Water Pollutants: In order to avoid pollutants from being discharged into surface waters, pollution prevention control practices shall be implemented.
K. Removal Of Temporary Measures: All temporary erosion and sediment control measures shall be removed after final site stabilization. The permit holder shall be responsible to inspect and maintain controls until the site is stabilized, by definition set forth in this chapter. Projects that are part of a larger common plan of development or sale may leave BMPs in place after final stabilization has been achieved only when another project within the same drainage area assumes ownership.
L. Document Availability For Inspection: The permit, permit conditions, erosion control plan, inspection reports and any other document pertaining to the permit shall be readily available during construction for on site inspection by the authorized enforcement agent. (Ord. 48-14, 12-16-2014, eff. 1-1-2015)