CHAPTER 11
EROSION CONTROL

 

10-11-1 Title	10-11-7 Inspection and Enforcement
10-11-2 Purpose	10-11-8 Abatement of Soil Accumulation
10-11-3 Definitions	10-11-9 Cleanup by City; Assessment of Costs
10-11-4 Warning	10-11-10 Responsibility of Property Owners or Permittees
10-11-5 Interpretation	10-11-11 Violation; Penalty
10-11-6 Grading Permit Requirements; Fee

 

10-11-1 TITLE.

   This chapter shall be known as the Clive Erosion Control Ordinance, may be cited as such, and will be referred to herein as “this chapter.”

10-11-2 PURPOSE.

   1.   The U.S. EPA’s National Pollutant Discharge Elimination System (“NPDES”) Permit Program (“program”) administered by the Iowa Department of Natural Resources (“IDNR”) requires that cities meeting certain demographic and environmental impact criteria obtain from the IDNR an NPDES permit for the discharge of stormwater from a municipal separate storm sewer system (MS4) (MS4 permit). The City of Clive (“City”) is subject to the program and is required to obtain, and has obtained, an MS4 permit. The City’s MS4 permit is on file at the office of the Clerk and is available for public inspection during regular office hours. As a condition of the City’s MS4 permit, the City is obligated to undertake primary responsibility for administration and enforcement of the program by adopting regulations to effectively manage construction site erosion and sediment controls and to require compliance with the IDNR NPDES General Permit No. 2.

   2.   The purpose of this chapter is to comply with the MS4 permit requirements and care for and control the City streets, sidewalks, and sewers to prevent the despoliation of the environment and to promote and preserve the rights, privileges, property, safety, health, welfare, comfort, and convenience of the residents of, and visitors to, the City by regulating and controlling the design, construction, quality of material, and use and maintenance of any development or other activity which disturbs or breaks the topsoil or otherwise results in the movement of soil in the City, and by requiring property owners to abate certain accumulations of soil.

10-11-3 DEFINITIONS.

   For purposes of this chapter the following terms are defined:

   1.   “Approval” means formal, written consent by the Council, or authorized representative of the City.

   2.   “Best Management Practices” (BMPs) means schedules of activities, prohibitions of practice, maintenance procedures, and other management practices to prevent or reduce pollution of waters of the United States. Common BMPs are described in the “Clive Stormwater Manual,” “Iowa Stormwater Management Manual,” and the “Statewide Urban Design And Specifications Manual” (“SUDAS.”) Those BMPs covered within those manuals are not meant to be a comprehensive list of acceptable BMPs.

   3.   “Construction activity” means any clearing, excavation, filling, or grading activity affecting more than 500 square feet of land.

   4.   “Erosion” means the wearing away of ground surface as a result of the movement of wind, water, or ice.

   5.   “Excavate” means the mechanical removal of soil or ground cover, by which organic matter, earth, sand, gravel, rock, trees, vegetation, or other ground cover is cleared, graded, cut into, dug, quarried, uncovered, removed, displaced, relocated, or moved, and shall include the conditions resulting therefrom.

   6.   “Fill” means the depositing of soil by artificial means.

   7.   “Final stabilization” means all construction activity at the site has been completed and a uniform perennial vegetative cover with a density of at least 70 percent has been established.

   8.   “Horticultural activity” means the cultivation of a garden, orchard, or nursery.

   9.   “National Pollutant Discharge Elimination System” (NPDES) means the program for issuing, modifying, revoking, terminating, monitoring, and enforcing permits under the Clean Water Act Sections 301, 318, 402, and 405 and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345.

   10.   “Permit holder” means a person holding a grading permit which has neither expired nor been revoked.

   11.   “Property” means land located in the City, whether or not improved, with buildings or other structures.

   12.   “Property owner” means a person who, alone or with another person or other persons, holds the legal title to property; except, however, where property has been sold on contract to a person who has the present right to possess the property and the contract has been filed for record in the office of the County Recorder, the person so purchasing the property, whether alone or with another person or other persons, is the “property owner” and the person retaining bare legal title to the property as security for the balance of the purchase price.

   13.   “Sediment control” means methods employed to prevent sediment from leaving the site. Sediment control practices include, but are not limited to: silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection and temporary/permanent sediment basins.

   14.   “Sewer” or “city sewer” means all pipes, culverts, channels, manholes, curb gutters, ditches, and other structures or courses, manmade or natural, forming a part of the storm sewer system of the City.

   15.   “Sidewalk” or “City sidewalk” means that portion of a public street or thoroughfare in the City intended for the use of pedestrians.

   16.   “Soil” means dirt, sand, loam, gravel, rock, and other naturally occurring surficial deposits overlying bedrock.

   17.   “Stormwater” means stormwater runoff, snowmelt runoff, and surface runoff and drainage.

   18.   “Stormwater Pollution Prevention Plan” (SWPPP) means a plan as defined in the State NPDES stormwater general permit.

   19.   “Street” or “City street” means all of a public street or thoroughfare in the City, including the unpaved portions of a public right-of-way generally referred to as “public parking” but exclusive of sidewalks.