(A) Storm water clearances.
(1) No person shall be granted a building permit, construction permit, driveway permit, right-of-way permit or other license or authorization issued by the county for construction activities that result in a land disturbing activity to take place in the incorporated and unincorporated areas within the county without first having obtained a storm water clearance from the SWCD and/or the Department.
(2) No person shall engage in construction activities with a land disturbance greater than or equal to one acre, or disturbances of less than one acre of land that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb one or more acres of land, in the incorporated and unincorporated areas of the county without having and maintaining in effect a storm water clearance from the SWCD.
(B) Applications.
(1) An application for a storm water clearance shall be filed with the Department on forms as required by the Board and SWCD and which contains information as is requested by the Board and SWCD to allow them to administer and implement the requirements of Rule 5. For any construction activities covered by Rule 5, the applicant must also submit a copy of the application directly to the State Department of Environmental Management.
(2) An application for a storm water clearance shall include a calculation of the acreage to be disturbed by the proposed construction of activities which calculation shall be performed in accordance with the requirements of Rule 5.
(C) Submission to SWCD. For those construction projects requiring a construction plan under Rule 5, the applicant shall submit the construction plan to the SWCD with the application. If the applicant does not receive notification within 28 days after the construction plan is received by the SWCD stating that the SWCD finds that the construction plan is deficient, the applicant may submit the notice of intent letter information to the State Department of Environmental Management.
(D) Expiration and renewal of storm water clearances.
(1) A storm water clearance issued by the SWCD shall expire on December 31 of the year which is one year after the date the storm water clearance was issued by the SWCD. Renewal of storm water clearances is required unless the following has occurred:
(a) All land disturbing activities, including construction on all building lots, have been completed and the entire site has been stabilized;
(b) All temporary erosion and sediment control measures have been removed; and
(c) A notice of termination letter has been submitted to the SWCD by the expiration of the storm water clearance.
(2) Subsequent annual renewals shall be required until all land disturbing activities, including construction on all building lots, have been completed and the entire site has been stabilized; all temporary erosion and sediment control measures have been removed; and a notice of termination has been submitted to the SWCD.
(Prior Code, § 36-9-28.5-2) (Ord. 06-261, passed 6-5-2006, 2006 COM REC 261–269)