(A) Applicability. Every applicant for a land disturbance permit, grading permit, building permit, subdivision approval or other permit to allow land disturbing activities where the area to be disturbed is greater than or equal to one acre or part of a larger common plan or development greater or equal to one acre must submit a storm water pollution prevention plan (SWPPP) to the issuing authority. No land disturbance permit, grading permit, building permit, subdivision approval or other permit to allow land disturbing activities shall be issued until approval of the SWPPP or a waiver of the approval requirement has been obtained in strict conformance with the provisions of this chapter. The provisions of division (B) below apply to all land, public or private.
(B) Exemptions. The provisions of this chapter do not apply to:
(1) Any part of a subdivision if a plat for the subdivision has been approved by the City Council on or before the effective date of this chapter;
(2) A lot for which a building permit has been approved on or before the effective date of this chapter;
(3) Emergency work to protect life, limb or property, provided that erosion control measures, including any necessary remedial action, are implemented as soon as possible; or
(4) Tilling, planting or harvesting of agricultural, horticultural or silvicultural (forestry) crops.
(C) If the land disturbance activity threatens or impedes the ability of the city to meet its own permit requirements under the National Pollutant Discharge Elimination System (NPDES) program, the issuing authority may terminate the exemption and require the applicant to obtain a land disturbance permit in full compliance with this code.
(D) Responsible person(s). The responsible person(s) are the owner of the property upon which a land disturbing activity takes place and any person(s) performing a land disturbing activity. When a permit is issued, the owner is responsible for all land disturbing activities from permit issuance to closure, unless the issuing authority approves a transfer or responsibility to a new owner when the land is sold.
(Ord. 2005-04, passed 3-22-2005; Ord. 2020-09, passed 4-14-2020)