(A) Any person desiring to disturb land or commence construction activity must submit an appropriate application and receive an approved permit from the city before the project can commence. Design requirements and EPSC Plans as required shall be prepared in accordance with §§ 54.021 through 54.024. Each permit application shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with an approved plan and that a qualified contractor/developer, permittee or their designee shall be responsible for implementing and maintaining all aspects of the approved plan. Incomplete applications shall be remanded back to the property owner for corrections and resubmittal.
(B) Site development permits issued by the city are required for all site construction projects and/or land disturbances. Depending on the amount of land disturbance and other site characteristics, a level 1 or 2 permit will be issued. In addition, the permittee or property owner shall coordinate with the KYDOW and the U.S. Army Corp of Engineers to determine whether permits are required from those agencies before construction begins. Criteria for city permit levels and application requirements are as follows:
(1) Level 1 permit.
(a) Criteria for level 1 site development. Site construction disturbs less than one acre of soil and is not a part of a larger development;
(b) Application requirements for level 1 site development. Submit a completed level 1 site development permit application certifying the intent to limit disturbance to less than an acre as well as verifying the project is not part of a larger development.
(2) Level 2 permit.
(a) Criteria for level 2 site development. Site construction disturbs more than one acre of soil or is part of a larger development
(b) Application requirements for level 2 site development. Submit a completed level 2 site development permit application accompanied by NOI; access to plans and other documents required by a KYR10 permit.
(3) Site development application review. The city's MS4 representative or their designee will review each permit application to determine its conformance with the provisions of this chapter. Acceptance indicates that minimum requirements or intent are met and does not imply a guarantee of performance. The MS4 representative or their designee reserves the right to inspect the site prior to any construction activities in furtherance of the review process. Based on review of the permit application, the city may:
(a) Accept the permit application as submitted;
(b) Accept the permit application subject to such reasonable conditions as may be necessary to meet the requirements/intent of the objectives of this chapter;
(c) Deny the permit application, indicating the reason(s) and procedure for submitting a revised application and/or any additional information required.
(4) Permit fees. There are no fees associated with any permit required solely by this chapter.
(5) Pre-construction inspection and permit issuance.
(a) Following acceptance of the permit application, the applicant will be authorized to install the EPSC measures included in the application. Upon completion of these installations, the applicant shall contact the MS4 representative or their designee to schedule a pre-construction inspection. Upon completion of the pre-construction inspection and approval of EPSC measures installed, the site development permit will be issued and site construction may commence.
(b) The city will not issue a building permit until the required site development permit application is accepted and the appropriate site development permit issued.
(6) Permit duration. Permits issued under this section shall be valid from the date of issuance through the date the city notifies the permit holder that all stormwater management practices have passed the final inspection required under permit conditions and/or a notice of termination has been filed with the KYDOW.
(7) Permit exemptions. The following activities are exempted from permit coverage under this chapter:
(a) Any emergency activity that is immediately necessary for the protection of life, property, or natural resources; and
(b) Existing nursery and agricultural operations including family gardens conducted as a permitted main or accessory use.
(Ord. 14-08, passed 9-3-2014; Am. Ord. 19-02, passed 5-6-2019; Am. Ord. 20-05, passed 7-20-2020) Penalty, see § 54.999