§ 52.017 SITES WITH GREATER THAN ONE DISTURBED ACRE.
   Each application for all land disturbing activities of one acre or greater or less than one acre if it is part of a larger common plan for development or sale shall be accompanied by at a minimum:
   (A)   A stormwater management plan (SWMP) providing for stormwater management during the land disturbing activity and after the activity has been completed.
   (B)   A sediment and erosion control plan.
   (C)   Professionally certified site plans, erosion and sediment control plans, specification, and supporting calculations and computations shall be submitted and stamped/sealed by a professionally licensed engineer, landscape architects or Tier B land surveyors.
   (D)   A performance bond may be required prior to the issuance of any building and/or grading permit for construction of a development requiring a stormwater management. A person is required to obtain a surety or cash bond, irrevocable letter of credit, or other means of security acceptable to the City of Easley, made payable to the City of Easley when downstream impacts are likely. The amount of the security shall not be less than $3,000 dollars per acre of disturbed area or amended in the fee schedule as published and approved by the Easley City Council. The bond so required in this section shall include provisions relative to forfeiture for failure to complete work specified in the approved stormwater management plan, compliance with all the provisions of this chapter and other applicable laws and regulations, and any time limitations. The bond shall not be fully released without submission of as-built certification documents as submitted by the design professional and inspection and certification by the SWMD that work has been completed in compliance with the provisions of this chapter. A provision may be made for acceptance of the various stages of development as specifically delineated, described, and scheduled on the required plans and specifications. The person listed developer shall notify the SWMD upon completion of each stage that is ready for inspection. If 80% stabilization can not be attained at the time the certificate of occupancy is requested, a temporary occupancy permit may be issued if the developer posts a surety bond, cash bond, irrevocable letter of credit or other means of security acceptable to the City of Easley made payable to the City of Easley for 125% of the remaining stormwater costs.
   (E)   When required. All land disturbing activities of one acre and greater than one acre, if not part of a larger common plan of development or sale, will be required to obtain a stormwater permit from the City of Easley Stormwater Management Division. Each application for a stormwater permit shall be accompanied by payment of the stormwater permit and other stormwater management fees, which shall be set by separate resolution or ordinance of the City of Easley.
   (F)   Building permit. No building permit shall be issued until the applicant has obtained a stormwater permit where the same is required by this chapter. Stormwater management systems shall be functional and certified by either a city official or by the registered professional engineer for the site before building permits are issued.
   (G)   Exemptions. The following activities are exempt from the City of Easley’s stormwater permit requirement but they are not exempt under the provisions of the Clean Water Act:
      (1)   Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
      (2)   Existing nursery and agricultural operations conducted as a permitted main or accessory use.
      (3)   Logging activities on forestland for the production and harvesting of timber and timber products.
      (4)   Agricultural land for the production of plants and animals useful to man.
      (5)   Refer to Standards for Stormwater Management and Sediment Reduction Regulation 72-302 for a full complete listing of exemptions of the city’s stormwater permit as regulated by this chapter.
   (H)   Review and approval of application.
      (1)   The City of Easley will review each application for a stormwater permit to determine its conformance with the provisions of this chapter. For land disturbing activities of one acre or greater or less than one acre if it is part of a larger common plan of development, the city shall provide one of the following responses in writing:
         (a)   Approval of the permit application;
         (b)   Denial of the permit application, indicating the reason(s) for the denial.
      (2)   No development plans will be released for construction until the stormwater permit has been approved.
   (I)   Permit duration. Every land disturbance permit shall expire and become null and void if substantial work authorized by such permit has not commenced within 180 calendar days of issuance, or is not complete within 18 months from the date of the commencement of construction. Extensions or renewals of the plan approvals will be granted by the Stormwater Management Division upon written request by the person responsible for the land disturbing activity.
   (J)   Notice of start of land disturbing activity. The applicant must notify the City of Easley three working days in advance of the commencement of land disturbing activity. (Refer to Appendix C to Ord. 2008-06, Notification of Start of Land Disturbing Activity. (A copy of that ordinance (and the appendices thereto) is available for public inspection during normal business hours in the office of the City Clerk.)
   (K)   Inspections. A City of Easley official shall conduct inspections of the stormwater management system construction as per city-approved and permitted plans. Inspections shall be documented and reports prepared that contain the following information:
      (1)   The date and location of the inspection;
      (2)   Whether construction is in compliance with the approved stormwater management plan;
      (3)   Variations from the approved construction specifications;
      (4)   Any violations that exist.
(Ord. 2008-06, passed 4-14-08) Penalty, see § 52.999