(a) No grading, stripping, excavating, filling or other disturbance of the natural ground cover or natural features shall take place prior to the submission and approval of an erosion and sediment control plan prepared in conformance with this article and the Stormwater Manual, unless otherwise exempted herein. This includes demonstration that a NOI for coverage under the stormwater construction general permit, an application for a stormwater construction individual permit, or the BMP plan of a KPDES Permit has been submitted for those sites one acre and greater, or less than one acre in size that are part of a larger common plan of development or sale. If the grading and/or excavation is to be conducted in stages, each stage may proceed only if the erosion and sediment control measures for the proceeding stage have been completed in conformance with the submitted approved plan.
(b) Authorization to prepare plans. All erosion and sediment control plans must be prepared by a licensed professional engineer or a licensed landscape architect. However, all hydrologic, hydraulic, structural and geotechnical design must be prepared by a licensed professional engineer. All erosion and sediment control plans shall be prepared in accordance with this article and with the Stormwater Manual.
(c) Submission of the plan, posting of the surety, and issuance of a grading permit. All erosion and sediment control plans shall be submitted to the City Engineer, who shall conduct an administrative review of the plan to verify that all items have been submitted as required by this article and the Stormwater Manual. Plan review includes consideration for complaints submitted by citizens. It shall be the responsibility of the design engineer or the landscape architect, as appropriate, to ensure the accuracy and completeness of all drawings, reports and calculations, and to ensure construction feasibility of the design. Within ten (10) working days of receipt of the erosion and sediment control plan, the City Engineer shall notify, in writing, the engineer or the landscape architect, as appropriate, of any omissions; shall determine the amount of the irrevocable letter of credit, when posted with the City Engineer; shall authorize the Building Inspector to issue the grading permit. Provided all other permit requirements are met, the Building Inspector shall issue the grading permit, upon notification by the City Engineer.
(d) Contents of the erosion and sediment control plan. All erosion and sediment control plans shall, at a minimum, conform to the requirements of this article and the Stormwater Manual.
(1) Written description. The erosion and sediment control plan shall contain a written description of the site, and the measures which will be used to control the erosion and sediment on the site, which shall include:
a. A statement of the location, purpose of the project, the size of the site, and the area to be disturbed;
b. A discussion of the topography, land cover conditions, soils, percent and location of impervious areas, and the drainage patterns both before and after the soil disturbance;
c. A schedule of the work to be conducted, including the beginning and the completion dates of the soil disturbance, staging and sequencing of activities, including re-vegetation and winter shutdown, if appropriate;
d. A list of the best management practices that will be used, and their location on the site; and
e. An operation and maintenance plan indicating the schedule for inspection and the maintenance and repair of the best management practices during construction.
(2) Site plan. The site plan shall be prepared at a scale of one (1) inch equals fifty (50) feet, and shall contain the following information:
a. The site boundaries, the pre-construction topography at two (2) foot intervals, drainageways, utilities, and the location of the site disturbance;
b. The finished grades, topography, building locations, paved areas, construction entrances, other access locations, soil stockpile areas, and equipment storage areas;
c. Planned best management practices overlaid with other site features; and
d. Areas planned for no disturbance.
(3) Other information. The project engineer shall submit all hydrologic, hydraulic, structural and geotechnical design calculations, drawings and specifications.
(4) Certifications. The following certifications shall be submitted with the erosion and sediment control plan.
a. For all plans, a signed and witnessed certification by the property owner which shall state:
“I certify that I am the owner of the property shown hereon, do agree with all graphic and textural representations shown herein, and that no grading, stripping, excavating, filling or other disturbance of the natural ground cover will be conducted except in conformance with this submitted plan.”
b. For plans prepared by a licensed professional engineer, a signed and witnessed certification which shall state:
“I certify that this plan was prepared by me or under my direction; that the engineering design was prepared in accordance with the Erosion and Sediment Control Ordinance and with the Stormwater Manual; and, to the best of my knowledge and belief, the information shown herein is accurate.”
c. For plans prepared by a licensed landscape architect, a signed and witnessed certification which shall state:
“I certify that this plan was prepared by me or under my direction; this plan was prepared in accordance with the Erosion and Sediment Control Ordinance and with the Stormwater Manual; that no hydrologic, hydraulic, structural or geotechnical design is required for this plan; and, to the best of my knowledge and belief, the information shown herein is accurate.”
(d) Submission of an irrevocable letter of credit for erosion and sediment control required. The City Engineer shall not authorize the issuance of any grading permit until the permit applicant has posted an irrevocable letter of credit, in an amount determined by the City Engineer as being sufficient to ensure the provision of the following on the site:
(1) Re-grading of the site as might be necessary to correct any slopes which do not meet the standards of this article;
(2) Installation of erosion and sediment control measures to protect adjoining or on-site streams and waterways;
(3) Seeding and mulching of the site as would be needed to stabilize the soil;
(4) Conversion of any temporary basins to properly operating permanent stormwater best management practices.
(e) Extensions of time. Every grading permit issued to implement an erosion and sediment control plan shall expire six (6) months from the date of issuance, unless work has commenced in accordance with the plan. If work authorized by the permit is not completed within the terms of the permit, or is not commenced within six (6) months, the permit holder may, in writing and prior to the expiration of the permit, request the Building Inspector grant an extension to the permit. The Building Inspector may grant the extension, upon a showing by the permit holder that:
(1) There was justification for the delay in commencing or completing the work;
(2) The delay will not create a new erosion hazard or permit an existing hazard to continue; and
(3) A new completion date has been established.
(Ord. No. 1674, 2-28-05; Ord. No. 1991, § 3, 4-25-22)