§ 55.06  CONSTRUCTION ACTIVITIES.
   (A)   General provisions.
      (1)   General performance standards.  Any person subject to a construction activity NPDES and/or OPDES Stormwater Discharge Permit shall comply with all provisions of such permit(s).  Proof of compliance with said permit(s) may be required in a form acceptable to the Stormwater Manager and/or Stormwater Inspector prior to the allowing of discharges to the MS4.  All construction activities including but not limited to the development, excavation, clearing, grading, regrading, paving, land filling, berming and diking of land shall be conducted in such a manner as to minimize erosion and prevent the discharge of pollutants, including but not limited to rock, sand, soil, discarded building materials, concrete truck washout, chemicals, litter and sanitary waste into the city’s Municipal Separate Storm Sewer System (MS4).  Persons conducting the construction shall implement and maintain adequate structural and/or nonstructural BMPs for controlling erosion and preventing the discharge of pollutants to the MS4.  The discharge shall not result in a violation of the city’s OPDES Municipal Stormwater Discharge
Permit.  The discharge, based upon the determination of the Stormwater Manager and/or Stormwater Inspector, shall not cause contamination of surface water, stormwater or groundwater within the city.  The discharge, based upon the determination of the Stormwater Manager and/or Stormwater Inspector, does not transport sediment into the city’s MS4.  All construction site stormwater runoff control BMPs and post-construction stormwater runoff BMPs shall comply with the current ODEQ OKR10 construction permit and the City of Claremore Engineering Design Criteria and Standard Specifications.
      (2)   Responsible person.  The person with overall responsibility of the construction, such as the general contractor, shall be jointly responsible with the person at whose direction the construction is being conducted for compliance with division (A)(1) of this section.
      (3)   Record keeping.  The person or persons responsible shall retain, and make available to the Stormwater Manager and/or Stormwater Inspector, for inspection and copying, all records and information required to be retained under this section or order issued hereunder.  These records shall remain available for a period of at least three years after expiration of the applicable permit.  This period shall be automatically extended for the duration of any litigation concerning compliance with this section, or where the person or persons responsible have been specifically notified of a longer retention period by the Stormwater Manager and/or Stormwater Inspector.
   (B)   Construction. All construction activities, including the development, excavation, grading, regrading, paving, landfilling, berming, and diking of land shall be conducted in such a manner as to minimize erosion and prevent the discharge of pollutants, including but not limited to rock, sand, and soil into the city’s MS4.  Persons conducting the construction shall implement and maintain adequate structural and/or nonstructural BMPs for controlling the discharge of pollutants.  In the case of ten acres or more draining to one discharge point, a sediment basin or adequate alternate measures shall be implemented. The adequacy of any BMP shall be based upon the fulfillment of the following requirements:
      (1)   The discharge shall not result in a violation of the city’s OPDES Municipal Storm Water Discharge Permit;
      (2)   The discharge, based upon the determination of the Director, shall not cause contamination of surface water, stormwater or groundwater within the city; and
      (3)   The discharge, based upon the determination of the Director, does not transport sediment into the city’s MS4.
   (C)   Erosion control. 
      (1)   Erosion control shall be provided during the construction phase on all construction sites as necessary to prevent impacts to offsite areas and/or public rights-of-way.  The primary goal of erosion control and best management practices is to minimize erosion and sedimentation during construction activities until final grading, landscaping and storm sewer structures are in place. Best management practices include but are not limited to seeding, sodding, sprigging, silt fences, straw bale dikes, earth dikes or swales, temporary stream crossings, storm sewer inlet protection, temporary sediment basins and stabilized construction entrances. Failure to provide sediment and erosion control protection can result in suspension of the earth change, stormwater development and building permits.  A violation of this section by the failure to comply with any of its requirements shall constitute an offense and any person or entity convicted thereof shall be punishable as set forth in Claremore Code. Provided, that each lot upon which such violation occurs shall constitute a separate offense; and each day on which a violation occurs or is allowed to remain shall constitute a separate offense. The imposition of criminal sections shall not prevent Claremore from taking any lawful action as is necessary to prevent or remedy a violation.
      (2)   Sediment and Erosion Control Permit.
         (a)   Unless specifically exempted, a Sediment and Erosion Control Permit, as defined and regulated by this section, shall be obtained from the Planning and Development Services Department for any construction activities causing land disturbance. The Sediment and Erosion Control Permit must be obtained prior to commencement of any construction activities including, but not limited to any development, excavation, clearing, grading, regrading, land filling, berming and diking of land.
         (b)   Exemptions.  A Sediment and Erosion Control Permit shall not be required for the following: customary and incidental routine grounds maintenance, landscaping, and home gardening: construction activities related to bona fide agricultural, ranching and farming operations which constitute the principal use of a tract of ground in the City of Claremore and are under the jurisdiction of the Oklahoma Department of Agriculture, Food, and Forestry; construction activities occurring at oil and gas exploration and production related industries and pipeline operations that are under the jurisdiction of the Oklahoma Corporation Commission (OCC); and construction activities occurring on Indian Country Lands (as defined in 18 U.S.C. § 1151).
         (c)   Application for Sediment and Erosion Control Permit.  For each Sediment and Erosion Control Permit a written application from the owner of the site, or his or her authorized representative, shall be provided to the Planning and Development Services Department in the form and with the content prescribed in this section, and shall be accompanied by a minimum of three copies of a Sediment and Erosion Control Plan with the content prescribed in this section, and the required Sediment and Erosion Control Permit fee as set forth in this section.  The permit application shall include the following information:
            1.   Name, address and telephone number of the legal owner of the property for which the Sediment and Erosion Control Permit is requested;
            2.   Name, address and telephone number of applicant, if different from the property owner;
            3.   Name(s), address(es) and telephone number(s) of any and all contractors, subcontractors or persons actually doing the land disturbing or land filling activities;
            4.   Name(s), address(es) and telephone number(s) of the person(s) responsible for the preparation of any required vicinity map;
            5.   Name(s), address(es) and telephone number(s) of the person(s) responsible for preparation of the Sediment and Erosion Control Plan and any required reports;
            6.   Legal description of the site and the address of the site (if a valid address has been assigned and/or accepted by the city);
            7.   Size of the construction site, measured in acres;
            8.   Proposed start date of the project;
            9.   Proposed completion date of the project;
            10.   Date of the application; and
            11.   Signature(s) of the owner(s) of the site or an authorized representative.
         (d)   Sediment and Erosion Control Plan requirements.  These plans shall include sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed construction activities on water resources, and the best management practices (BMPs) and other measures proposed to minimize soil erosion and prevent off-site sedimentation.  All sediment and erosion control measures must be properly selected, installed and maintained in accordance with the manufacturer’s specifications and good engineering practices. All construction activities including but not limited to the development excavation, clearing, grading, regrading, landfilling, berming and diking of land shall be performed in strict accordance with the approved plan.
            1.   For construction sites less than one acre that are not part of a larger common plan of development or sale that is one acre or more, the following information shall be included in any plan:
               A.   A project narrative describing the nature of the construction activity;
               B.   A description of any surrounding watercourses, water bodies and other significant geographical features;
               C.   Legal description of the site and the address of the site (if a valid address has been assigned and/or accepted by the City of Claremore);
               D.   The name, address and telephone number of the owner and/or developer of the property where the land disturbing activity is proposed;
               E.   A description of, and specifications for, sediment and erosion control measures to minimize on-site erosion and prevent off-site sedimentation during the construction process, including provisions to preserve topsoil and limit disturbance.  Minimum control measures must include the proper installation and maintenance of silt screen around the perimeter of the construction site.  The applicant may propose the use of any sediment and erosion control measures in a plan provided such measures are proven to be as or more effective than the measures contained in this section and the current City of Claremore Engineering Design Criteria and Standard Specifications;
               F.   A chronological schedule describing when the sediment and erosion control measures will be implemented during the construction process;
               G.   A description of temporary and permanent stabilization measures.  The plan shall ensure that existing vegetation is preserved where attainable and that disturbed portions of site are stabilized.  Stabilization practices may include but are not limited to the establishment of temporary vegetation, establishment of permanent vegetation, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of trees, preservation of mature vegetation and other appropriate measures.  Use of impervious surfaces for stabilization should be avoided. Stabilization measures shall be initiated as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased except:
                  i.   Where the initiation of stabilization measures by the fourteenth day after construction activity temporarily or permanently ceased is precluded by adverse climatological conditions (i.e., snow, ice, heavy rains or drought) stabilization measures shall be initiated as soon as practicable; and
                  ii.   Where construction activity on a portion of the site is temporarily ceased, and earth disturbing activities will be resumed within 21 days, temporary stabilization measures do not have to be initiated on that portion of the site; and
               H.   The Stormwater Manager and/or Stormwater Inspector may require any additional information or data deemed appropriate and/or may impose such conditions thereto as may be deemed necessary to ensure compliance with the provisions of this section or the preservation of public health and safety.
            2.   [Reserved].
            3.   For construction sites greater than or equal to one acre and for construction sites that are less than one acre if the construction site is part of a larger common plan of development or sale that is one acre or more, Sediment and Erosion Control Plans shall be prepared by or under the direction of a registered professional engineer licensed by the State of Oklahoma.  Any required Sediment and Erosion Control Plans shall comply with good engineering practices and shall be approved and stamped by a registered professional engineer licensed by the state.  In addition the following information shall be included in any plan:
               A.   A project narrative describing the nature of the construction activity;
               B.   An attached vicinity map showing the location of the site in relationship to the surrounding area’s watercourses, water bodies and other significant geographical features, roads and other significant structures, and showing suitable contours for the topography.  An indication of the scale used (this map shall be at a scale no smaller than one inch = 100 feet) and an arrow indicating north shall be included on the map;
               C.   Legal description of the site and the address of the site (if a valid address has been assigned and/or accepted by the city);
               D.   The name, address and telephone number of the owner and/or developer of the property where the land disturbing activity is proposed;
               E.   A chronological schedule and description of construction activities that disturb soils of the site (e.g., clearing, grubbing, excavation, grading, utilities and infrastructure installation);
               F.   A description of, and specifications for, sediment and erosion control measures to minimize on-site erosion and prevent off-site sedimentation during the construction process, including provisions to preserve topsoil and limit disturbance.  Minimum control measures include the proper installation and maintenance of silt screen around the perimeter of the construction site; the proper installation and maintenance of control measures around all storm sewer inlets; the proper installation and maintenance of controls to minimize erosion on all slopes greater than three horizontal to one vertical (3:1) where land disturbing activity is planned; and stabilized gravel construction site entrances/exits to prevent tracking or flowing of sediment onto public right-of-ways.  The applicant may propose the use of any sediment and erosion control measures in a plan provided such measures are proven to be as or more effective than the measures contained in this section and the current City of Claremore Engineering Design Criteria and Standard Specifications;
               G.   A chronological schedule describing when the sediment and erosion control measures will be implemented during the construction process;
               H.   A description of temporary and permanent stabilization measures.  The plan shall ensure that existing vegetation is preserved where attainable and that disturbed portions of site are stabilized.  Stabilization practices may include but are not limited to the establishment of temporary vegetation, establishment of permanent vegetation, mulching, geotextiles, solid stabilization, vegetative buffer strips, protection of trees, preservation of mature vegetation and other appropriate measures.  Use of impervious surfaces for stabilization should be avoided.  Stabilization measures shall be initiated as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased except:
                  i.   Where the initiation of stabilization measures by the fourteenth day after construction activity temporarily or permanently ceased is precluded by adverse climatological
conditions (i.e., snow, ice, heavy rains or drought) stabilization measures shall be initiated as soon as practicable; and
                  ii.   Where construction activity on a portion of the site is temporarily ceased, and earth disturbing activities will be resumed within 21 days, temporary stabilization measures do not have to be initiated on that portion of the site;
               I.   A description of measures that will be installed during the construction process to control pollutants in stormwater discharges that will occur after construction operations have been completed;
               J.   A copy of all required state and federal stormwater discharge permits (NPDES filed with EPA; OPDES filed with ODEQ) for the construction site shall be provided to the Planning and Development Services Department.  If an OKR10 permit is required by ODEQ for stormwater discharges from a construction site, then the following documents shall be provided to the Planning and Development Services Department:
                  i.   A copy of the notice of intent submitted to ODEQ for the OKR10 permit;
                  ii.   A copy of all stormwater pollution prevention plans developed for the construction site; and
                  iii.   A copy of the authorization to Discharge Stormwater Permit issued by ODEQ; and
               K.   The Planning and Development Services Department may require any additional information or data deemed appropriate and/or may impose such conditions thereto as may be deemed necessary to ensure compliance with the provisions of this section or the preservation of public health and safety.
         (e)   Permit application review.  The Planning and Development Services Department shall review each application for a Sediment and Erosion Control Permit to determine its conformance with the provisions of this section.  Within 15 business days after receiving a complete application, the Planning and Development Services Department shall:
            1.   Approve the permit appli- cation;
            2.   Approve the permit appli- cation subject to such reasonable conditions as may be necessary to secure substantially the objectives of this section, and issue the permit subject to these conditions; or
            3.   Disapprove the permit application, indicating the reason(s) for disapproval.
         (f)   Permit disapproval.  If the Planning and Development Services Department determines that the Sediment and Erosion Control Plan does not meet the requirements of this section, then a Sediment and Erosion Control Permit shall not be issued.  The Sediment and Erosion Control Plan must be resubmitted and must be approved by the Planning and Development Services Department before the land disturbance activity begins.
         (g)   Conditions of approval.  In granting any Sediment and Erosion Control Permit pursuant to this section, the Planning and Development Services Department may impose such conditions as may be reasonably necessary to prevent creation of a nuisance or unreasonable hazard to persons or to a public or private property.  Such conditions shall include (even if not specifically written in the permit), but need not be limited to:
            1.   The granting (or securing from others) and the recording in county land records of easements for drainage facilities, including the acceptance of their discharge on the property of others, and for the maintenance of slopes or erosion control facilities;
            2.   Adequate control of dust by watering, or other control methods acceptable to the Planning and Development Services Department, and in conformance with applicable air pollution ordinances;
            3.   Improvements of any existing grading ground surface or drainage condition on the site (not to exceed the area as proposed for work or development in the application) to meet the standards required under this section and the current City of Claremore Engineering Design Criteria and Standard Specifications; and
            4.   Sediment traps and basins located within a densely populated area or in the proximity of an elementary school, playground or other area where small children may congregate without adult supervision may be requested to install additional safety related devices.
         (h)   Permit authorization.  The issuance of a Sediment and Erosion Control Permit shall constitute an authorization to do only that work described in the permit, or shown on the approved Sediment and Erosion Control Plan and specifications, all in strict compliance with the requirements of this section, unless each and every modification or waiver is specifically listed and given specific approval by the Planning and Development Services Department.
         (i)   Permit duration.  The permittee shall fully perform and complete all of the work required in the sequence shown on the plans within the time limit specified in the permit.  Permits issued under this section shall be valid for the period during which the proposed land disturbing or filling activities and soil storage takes place or is scheduled to take place, whichever is shorter, but in no event shall such a permit be valid for more than one year after cessation of construction activity.
         (j)   Responsibility of permittee.  The permittee shall maintain a copy of the Sediment and Erosion Control Permit, approved plans and reports required under the Sediment and Erosion Control Permit on the work site, or if unable to store on the work site, must be locally available for public inspection during all working hours.  The permittee shall, at all times, be in conformity with the approved Sediment and Erosion Control Plan and also conform to the following:
            1.   General.  Notwithstanding other conditions or provisions of the Sediment and Erosion Control Permit, or the minimum standards set forth in this section, the permittee is responsible for the prevention of damage to adjacent property.  No person shall grade on land in any manner, or so close to the property line as to endanger or damage any adjoining public street, sidewalk, alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, sedimentation or other damage or personal injury which might result; and
            2.   Public ways.  The permittee shall be responsible for the prompt removal of, and the correction of damages resulting from any soil, miscellaneous debris or other materials washed, spilled, tracked, dumped or otherwise deposited on public streets, highways, sidewalks or other public thoroughfare, incident to the construction activity, or during transit to and from the construction site.
         (k)   Liability.  The permittee is responsible for safely and legally completing the project.  Neither the issuance of a Sediment and Erosion Control Permit under the provisions of this section, nor the compliance with the provisions hereto or with any condition imposed by the city, shall relieve any person from responsibility for damage to persons or property resulting therefrom, or as otherwise imposed by law, nor impose any liability upon the city for damages to persons or property.
         (l)   Action upon noncompliance.
            1.   In the event work does not conform to the Sediment and Erosion Control Permit or to the plans and specifications or to any conditions imposed by the city, notice to comply shall be given to the permittee in writing.  The notice shall set forth a notification and compliance period of at least 15 days for the permittee to comply with the requirements of the notice, except that when an imminent hazard exists, the Planning and Development Services Department may require that corrective work begin immediately.  The notification and compliance period will begin on the day the notice is mailed to the permittee or the day the notice is posted on the property that is not conforming to the permit requirements, except that when an imminent hazard exists, the Stormwater Manager and/or Stormwater Inspector may order an immediate summary abatement action to abate the violation.  At the time of mailing of notice, the city shall obtain a receipt of mailing from the Postal Service, which receipt shall indicate the date of mailing and the name and address of the mailee.  Said notice shall further advise that, should the permittee fail to comply with the requirements of the notice by the established deadline, the work necessary to achieve compliance may be done by the city or a designated contractor and the expense thereof shall be charged to the permittee.  Issuance of a notice to comply shall not be a prerequisite to taking any other enforcement action.
            2.   If the city finds any existing conditions not as stated in the application or approved plans, the Stormwater Manager and/or Stormwater Inspector may issue a stop-work order requiring that all construction activities halt when a construction site is in violation of this section.  The stop-work order may apply to all construction activity on the subject property which may be directly or indirectly related to site drainage and which is being performed pursuant to any permits, licenses, franchises or contracts issued or approved by the city.  The stop-work order may order a work stoppage on all construction activity on buildings or structures and appurtenances thereto, including but not limited to building, electrical, plumbing, mechanical, street work, storm sewers, sanitary sewers, gas lines, and all utilities including but not limited to gas, electric, telephone and cable television.  The Planning and Development Services Department may also suspend or revoke any Sediment and Erosion Control, site preparation, grading, erosion control, earth change, construction, or any other permit when any part of this section is violated.
            3.   The violation of any provision of this section, upon conviction, shall be punished by a fine not to exceed $1,000 or 30 days in jail, or both, plus court costs as set by the city.  Each day or any portion of a day during which any violation of this section shall continue shall constitute a separate offense.
            4.   Other actions described in the penalties and administrative remedies section of this chapter may be taken by the city, including but not limited to suspension of MS4 access, water supply severance, injunctive relief, abatement, remediation, and restoration of lands. The permittee shall be responsible for the costs incurred by the city.  Failure to pay will result in the city seeking recovery of costs and damages pursuant to the conditions set forth in this chapter.
         (m)   Changes to plans.  All proposals to modify the approved Sediment and Erosion Control Plans must be submitted in writing to the Planning and Development Services Department.  No grading or any type of work in connection with any proposed modification shall be initiated without prior written approval of the Planning and Development Services Department.
         (n)   Inspection and supervision.  The city shall conduct construction site inspections upon receiving a complaint of violation of this section and as needed to evaluate compliance with this section. The permittee shall notify the Stormwater Manager and/or Stormwater Inspector when there are any departures from the approved Sediment and Erosion Control Plan and at the following stages:
            1.   Upon completion of installa- tion of perimeter sediment and erosion controls;
            2.   At least 24 hours but not more than 72 hours (exclusive of Saturdays, Sundays and holidays) prior to commencing initial grading or land disturbing activities;
            3.   When construction and land disturbing activities are halted for a period of 30 days or more;
            4.   At least 24 hours but not more than 72 hours (exclusive of Saturdays, Sundays and holidays) prior to when construction or land disturbing activities shall recommence after being halted for a period of 30 days or more;
            5.   Upon submitting a notice of termination to ODEQ in compliance with any OKR10 permit requirements; and
            6.   Upon completion of final grading, permanent drainage and erosion control facilities including established ground covers and planting, and all other work of the permit.
         (o)   Maintenance during and after construction.  For any property on which grading or other work has been done, pursuant to a Sediment and Erosion Control Permit granted under the provisions of this section, the permittee or owner or an agent of the owner shall inspect all sediment and erosion control measures and other protective measures identified in the Sediment and Erosion Control Plan at least once every 14 calendar days and within 24 hours of the end of a storm event of 0.5 inches or greater and shall maintain and repair all sediment and erosion control measures, graded surfaces and erosion control facilities, drainage structures or means and other protective devices, plantings, and ground cover installed while construction is active.  After construction is complete, the owner or their agent shall continue to regularly inspect the vegetation until adequate turf establishment or other suitable vegetative cover is established.
(Ord. 2007-25, passed 11-19-07; Am. Ord. 2015-29, passed 11-16-15)