147.01 General | 147.07 Inspection, Notice to Comply, and Notice of Violation |
147.02 Definitions | 147.08 Powers of Authority for Inspection |
147.03 Erosion Control Permit Required | 147.09 Repair and Clean-Up of Damage |
147.04 SWPPP Requirements | 147.10 Enforcement |
147.05 SWPPP Review and Approval Procedure | 147.11 Appeals |
147.06 Requirements for Sites Covered by Iowa DNR General Permit No. 2 | 147.12 Fees Established |
1. Soil erosion contributes to the impairment of drainageways, increases road and storm sewer maintenance costs, contributes to the destruction and obstruction to traveled roadways creating a potential hazard for vehicular traffic, and contributes to contamination and degradation of land surfaces and streams, flooding and dusty conditions. This chapter establishes requirements in an effort to control erosion and sediment transport.
2. Owners of certain construction sites are required, under rules contained in General Permit No. 2, Storm Water Discharge Associated with Construction Activities ("General Permit No. 2"), to obtain coverage through the Iowa DNR under that permit.
3. Under its Municipal Stormwater National Pollution Discharge Elimination System permit, which permit is on file at the offices of the City Clerk and the City Engineer and is available for public inspection during regular office hours, the city is required to develop, implement and enforce a program to reduce pollutants in any storm water runoff from construction activities. Under that permit the city is required to enforce the General Permit No.2.
4. This chapter establishes requirements for grading, filling, and obtaining erosion control permits.
5. No person shall engage in land-disturbing activities requiring a NPDES permit within the city limits unless they have received an erosion control permit.
Wherever used in this chapter the terms listed below will have the meanings indicated. Words using the present tense shall include the future; the singular shall include the plural; the plural shall include the singular; the masculine gender shall include the feminine; the term "shall" is always mandatory, and the term "may" is permissive.
1. "Applicant" means any individual, firm, corporation, association or partnership, or proprietor of land to undergo land-disturbing activities.
2. "Building Official" means the City Clerk/Administrator or their designee.
3. "Certified professional erosion and sediment control specialist" means a specialist in the area of soil erosion and sediment control as certified by the Soil and Water Conservation Society and the International Erosion Control Association.
4. "City" means the City of Ely, Iowa.
5. "City Council" means the City Council of the City of Ely, Iowa.
6. "City Engineer" means the official so designated by the City Council or designee.
7. "Civil engineer" means a professional engineer licensed in the State of Iowa to practice civil engineering.
8. "Clearing and grubbing" means removal of unwanted growth, in the form of trees, wood, shrubs, brush, or stumps on a site.
9. "Design Professional" means a licensed civil engineer or certified professional erosion and sediment control specialist.
10. "Development" means the alteration of land from its existing state.
11. "Disturbed area" means the part of a site on which land-disturbing activities take place. All land area that is to be disturbed at any time during the project is to be counted in determining the disturbed area, even if part of the land will be stabilized before another part is disturbed.
12. "Erosion" means the wearing away of the land surface by running water, wind, ice, gravity, or other geological, natural, or man-made agents.
13. "Erosion Control Officer" means the City Engineer, Building Official, or designee.
14. "Erosion control permit" means a major erosion control permit or a minor erosion control permit.
15. "Fill site" means land upon which fill materials are placed and which placement does not require a Sanitary Disposal Permit issued by the State of Iowa.
16. "Filling" means placing materials to effectively change the site contours. This shall include placing materials from the site itself, or from off site.
17. "Final stabilization" means that all land-disturbing activities at the site have been completed, and that a uniform perennial vegetative cover with a density of 70 percent for the area has been established or equivalent stabilization measures have been employed.
18. "General Permit No. 2" means General Permit No. 2, Storm Water Discharge Associated with Industrial Activity for Construction Activities, as authored and administered by the Iowa DNR.
19. "Iowa DNR" means the Iowa Department of Natural Resources.
20. "Land-disturbing activities" means clearing, grading, excavating, filling, or removal of vegetation, paving, or buildings, exposing earthen material on a site.
21. "Ordinance" means the portion of the City Municipal Code entitled, "Construction Site Erosion and Sediment Control."
22. "Responsible party" means one or more persons who have applied for or hold a city erosion control permit, or who own, control, or perform work on a site.
23. "Sediment" means solid material, both natural and man-made, that is in suspension, has been transported, or has been moved from its origin by air, water, gravity, or ice and has been deposited by the action of water or wind.
24. "Site" means property where land-disturbing activities take place.
25. "Stabilization or stabilized" means vegetative cover with a density of 70 percent has been established, or equivalent stabilization measures have been employed.
26. "Standard specifications" means the latest edition of the Ely Metropolitan Area Standard Specifications for Public Improvements as approved by the City Council.
27. "SUDAS" (Pronounced: "Soo'dahs") - Statewide urban design and specifications. Common urban standards and specifications for public improvements.
28. "Stormwater drainage system" means all man-made facilities and structures and all-natural watercourses that are owned by the city, or that are within a drainage easement owned by the city, and that are used for collection, storage, treatment, and conveyance of stormwater from any area, through any area. This includes without limitation all stormwater facilities, canals, creeks, curb and gutter, dams, ditches, floodwalls, flumes, gulches, gullies, levees, ravines, siphons, streams, streets, and swales. For the purpose of illicit discharge regulation, any discharge to an area tributary to the stormwater drainage system shall be treated as a discharge to the stormwater drainage system. The stormwater drainage system does not include the Cedar River.
29. "Stormwater facilities" means anything built or used for the control of stormwater, including without limitation catch basins, channels, culverts, detention basins, energy dissipation structures, inlets, manholes, outlets, pipes and other conduits, retention basins, and roadways and gutters.
30. "Stormwater Pollution Prevention Plan" means a document conforming to the requirements therefore contained in General Permit No. 2 and this chapter, prepared and certified by a design professional as defined herein.
31. "SWPPP" means Stormwater Pollution Prevention Plan.
Sites that will result in a total disturbed area of one or more acres and sites less than one acre that are a part of a larger common plan of development that will result in a total disturbed area of more than one acre.
1. All erosion control permits shall be issued by the City Building Official upon approval of a completed application. The application shall be signed by the title holder of the site, together with the applicant, if different from the title holder. The necessary documents are covered in 147.04.
2. Sites required to obtain an erosion control permit shall comply with Section 147.06. Requirements for Sites Covered by the Iowa DNR General Permit No. 2, herein.
3. An erosion control permit application shall include the following:
A. A completed application.
B. A SWPPP conforming to: The requirements of this chapter, and the requirements of General Permit No. 2.
C. A dimensioned drawing including the following:
(1) Property address and legal description;
(2) Property lines and any existing easements of record;
(3) Limits of area of land-disturbing activities;
(4) Existing and proposed ground elevations (2-foot maximum interval);
(5) Other information as required by the City Building Official, City Engineer and/or City Council.
4. The permittee shall provide the City with all material submitted as part of a notice of discontinuation when such a notice is filed with the Iowa DNR.
5. Filling or construction within floodplain limits as established by the Federal Emergency Management Agency and in the Ely Floodplain Management Ordinance will require a separate additional permit under that ordinance, in addition to the permits required by this chapter.
6. The following activities are exempt from the requirements of this chapter:
A. Crop production activities;
B. Cemetery graves;
C. Emergencies posing an immediate danger to life or property, or substantial flood or fire hazards;
D. Total fill quantity of less than 25 cubic yards in a 12 month time period.
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