920.13  EROSION AND SEDIMENT FROM CONSTRUCTION SITES.
   (a)    Any person performing construction work in the City watershed of the City of Clarksburg shall comply with the provisions of this Article and shall provide erosion and sediment controls that effectively prevent discharges of pollutants to the stormwater system. For the purposes of this section, construction shall mean any man-made activity which, either temporarily or permanently, disturbs, alters, creates, cuts, fills, grades, excavates, occupies, or otherwise affects the land such that the soil, or any other natural non-vegetative earthen material, is exposed and/or potentially transported into the water environment through the mechanisms of erosion and sedimentation.
   (b)    The Director may establish standards and guidelines for implementing BMP's intended to provide erosion and sediment control for construction sites. Such standards and guidelines shall be at least as stringent as those, if any, provided by the WV Division of Environmental Protection.
   (c)    The following activities shall be exempt from the requirements of this section.
      (1)   Residential gardens and/or flower beds of less than 1000 square feet of actual disturbed area;
      (2)   Additions or modifications to existing detached single-family dwellings of a size less than 1,000 square feet of actual disturbed area; and
      (3)   Activities that result in an actual disturbed area of less than 1,000 square feet.  However, a phased construction project shall be measured by the size of all planned or contemplated phases.  Each phase may be required to meet the requirements of this article.
      (4)   Any exemption provided under this Section shall relieve only the requirement to apply for and obtain a stormwater Erosion and Sediment Permit. The activity must still be conducted in such a manner that pollution from erosion and sedimentation as a result of the activity is prevented.
   (d)    All construction work subject to the provisions of this article shall be required to obtain a stormwater Erosion and Sediment Permit unless exempted under the provisions of Section 920.13(c). The Director shall issue a stormwater Erosion and Sediment Permit for plans that meet the requirements of this section and any other requirements of this article.
      (1)   No City grading permit shall be issued without the approval of a stormwater Erosion and Sediment Permit issued under the provisions of this article, unless the Director has issued a formal Determination stating that a stormwater Erosion and Sediment Permit is not required. Processing of the application for a stormwater Erosion and Sediment Permit shall be coordinated with other City permits as provided in Section 920.22.
      (2)   No City building permit that includes work subject to the provisions of this section shall be issued without the approval of a stormwater Erosion and Sediment Permit issued under the provisions of this article, unless the Director has issued a formal Determination stating that a stormwater Erosion and Sediment Permit is not required. Processing of the application for a stormwater Erosion and Sediment Permit shall be coordinated with other City permits as provided in Section 920.22.
   (e)    Any construction work for which a stormwater Erosion and Sediment Permit is required, shall implement the measures required by the stormwater Erosion and Sediment Permit as the first item of work to be performed, before any other aspect of the construction is begun.
      (1)   In the event that unique site conditions require some other aspect of the construction to be accomplished prior to implementation of the measures required by the stormwater Erosion and Sediment Permit, the Permittee shall be required, as a condition of the Permit, to provide and maintain temporary and/or phased measures so that the intent of this section is accomplished. In such cases, site work shall be planned and prioritized so that implementation of the full measures of the Permit shall be accomplished as soon as possible.
   (f)    Any permit issued under the provisions of this article shall be posted at the subject site during the time that such work is being performed, in such manner and at such place on such premises as the same may be readily seen and inspected by the police officers and other agents and officials of the City. In the event that any such permit so posted shall be removed, lost or destroyed, a duplicate thereof shall immediately be applied for to the Director.  (Ord. 13-13.  Passed 6-6-13.)