1454.03  INTENT AND SCOPE.
   (a)   The intent of this chapter is to protect the land and water resources of the City by establishing standards to achieve a level of soil erosion and storm water control that will minimize and abate degradation of land and water resources and damage to public and private property resulting from earth disturbing activities. In addition this regulation further intends to:
      (1)   Assure that those involved in earth-disturbing activities minimize both soil erosion and the volume and rate of storm water runoff from their sites;
      (2)   Preserve to the extent practicable the natural drainage characteristics of the site and minimize the need to construct, repair, and replace enclosed, subsurface storm drain systems;
      (3)   Assure that stormwater controls are incorporated into site planning and design at the earliest possible stage and that all stormwater management practices are properly designed, constructed, and maintained;
      (4)   Prevent unnecessary stripping of vegetation and loss of soil and to promptly re-vegetate and stabilize the site following earth disturbing activities;
      (5)   Reduce the need for costly maintenance and repairs to roads, embankments, ditches, water resources, and wetlands, through the design and use of stormwater management practices;
      (6)   Encourage the construction of storm water management practices that serve multiple purposes such as flood control, erosion control, fire protection, water quality protection, recreation, and habitat preservation; and
      (7)   Preserve to the maximum extent practicable natural infiltration and groundwater recharge.
   (b)   Any person or persons proposing to develop or redevelop land within the City for any of the uses listed in subsection (c) hereof shall design, develop, and submit a site development plan (SDP) as described in Section 1454.06. Said plan will be evaluated to determine the potential for erosion, runoff and sedimentation impacts that may result from such development activities and the need for submission of a stormwater management plan (SMP) described in Section 1454.07, Appendix A, Earth Disturbing Activity Performance Standards and Appendix B, Stormwater Management Plan (SMP) Requirements, a ttached to Ordinance No. 30-08, passed November 11, 2008, to minimize these impacts. Once approved by City officials and construction commences, said developer shall implement the SDP and/or the SMP.
   (c)   This chapter shall apply to both the development and redevelopment of land proposed for the following:
      (1)   Residential, institutional, commercial, office, and industrial purposes, including subdivision and land development proposals for non-agricultural uses in rural areas;
      (2)   Recreational facilities, non-agricultural water impoundments and waterway construction or improvement;
      (3)   Public infrastructure uses, including transportation and utilities; and
      (4)   Any earth disturbing activity within critical and sensitive natural areas, including floodways, floodplains, highly erodible lands (HEL) and wetlands.
   (d)   This chapter does not apply to earth disturbing activities associated with agricultural activities.
   (e)   No earth disturbing activity subject to regulation under this chapter shall be undertaken for any land proposed for development or redevelopment for uses specified under subsection (c) hereof without an approved site development plan (SDP) as required under Section 1454.06, and, if appropriate, a stormwater management plan (SMP) as required under Section 1454.07, Appendix A, Earth Disturbing Activity Performance Standards and Appendix B, Storm- water Management Plan (SMP) Requirements, attached to Ordinance No. 30-08, passed November 11, 2008.
   (f)   Final approval of a proposed development or redevelopment shall not be given unless:
      (1)   A determination is made by the City and/or its authorized agent(s) based on submission of a SDP as detailed in Section 1454.06 that the proposed earth disturbing activity will not cause accelerated runoff erosion, and/or sediment impacts harmful to the quality of off-site lands and waters, or
      (2)   A SMP as detailed in Section 1454.07, Appendix A, Earth Disturbing Activity Performance Standards and Appendix B, Stormwater Management Plan (SMP) Requirements, attached to Ordinance No. 30-08, passed November 11, 2008, has been approved by the City based on the  recommendation of its authorized agent(s) that determines that the proposed earth disturbing activity will not cause accelerated runoff erosion, and/or sediment impacts harmful to the quality of off-site lands and waters.
   (g)   Any person or persons seeking approval for an earth disturbing activity listed below shall prepare a SMP as described in Section 1454.07, Appendix A, Earth Disturbing Activity Performance Standards and Appendix B, Stormwater Management Plan (SMP) Requirements, attached to Ordinance No. 30-08, passed November 11, 2008, of this chapter:
      (1)   Activities that require the extension of public utilities (roadways, water mains, sanitary sewer mains, storm sewers, etc.);
      (2)   Activities that will modify an existing and/or approved drainage way, drainage structure, and/or drainage easement; and
      (3)   Activities that will channelize, straighten, and/or modify a watercourse within the identified 100 year floodplain (studied and unstudied).
   (h)   Any person or persons seeking approval to construct a structure shall be exempted from having to prepare a SDP and a SMP provided they meet all of the following:
      (1)   Construction takes place on one parcel;
      (2)   The earth disturbing activity does not affect more than one acre of the development site at a time;
      (3)   Is not located within 100 feet of a sensitive natural area as described in paragraph (c)(4) hereof;
      (4)   Earth disturbing activities will not adversely affect other adjacent properties or impacts to existing stormwater facilities including, but not limited to the general existing site drainage pattern(s), drainage structure, drainage tiles, drainage easements, storm sewers, detention facilities, retention facilities, infiltration facilities, drainage swales, watercourses, etc.; and
      (5)   One or both of the following:
         A.    Specifications are obtained and followed for controlling potential off-site stormwater and erosion impacts from small lot building sites set forth by the City and/or its authorized agent(s); and/or
         B.    The parcel is part of an overall development plan which has received approval of a SMP and the developer certifies that they will comply with said plan.
   (i)   Exemption under subsection (h) hereof does not exempt any person or persons from other provisions of this chapter or liability from their activities.
   (j)   Schedule of Fees.  The City shall establish a schedule of fees, charges, expenses, and collection procedure for same and other matters pertaining to this chapter. The schedule of fees shall be available at the City offices. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ord. 30-08. Passed 11-11-08.)