(a) A permit is required for any earth-disturbing activity that will:
(1) Disturbs one or more acres of land;
(2) Disturb less than one acre, but is part of a larger common plan of development or sale which will disturb one or more acres of land; or
(3) Move 500 cubic yards or more of earth.
(b) No earth-disturbing activities requiring a permit shall commence prior to the issuance of a permit by the City Engineer.
(c) If earth-disturbing activity is not initiated within one year of the date that the permit was issued, such permit shall be considered void by the City.
(d) Any runoff or water generated from any earth-disturbing and/or post-construction activity shall be considered illicit discharge unless permitted by the provisions of this chapter.
(e) No application for a permit will be approved unless a SWP3 is reviewed and approved by the City Engineer.
(f) No permit is required for the following activities:
(1) Any emergency activity which is immediately necessary for the protection of life, property or natural resources. The authorized agency shall notify the City Engineer of any earth-disturbing activity which is more extensive than normal maintenance;
(2) Existing nursery and agricultural operations conducted as a permitted main or accessory use;
(3) Cemetery graves; and
(4) Any activity that is consistent with the promotion of public health, safety and welfare in light of the public's paramount concern for protection of its natural resources.
(g) Each application shall bear the name(s) and address(es) of the owner, operator and/or developer of the site and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm and shall be accompanied by a permitting fee.
(h) The permittee will be required to file with the City a faithful performance bond or bonds, letter of credit or other improvement security in an amount deemed sufficient by the City Engineer for earth-disturbing activities to cover all costs of improvements, landscaping and maintenance of improvements for such period as specified the City Engineer and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site by the permittee. Bonds filed for earth-disturbing activities are in addition to any other bonding required by the City.
(i) The City Engineer will review each application for a permit. Within thirty calendar days after receiving an application, the City Engineer shall, in writing:
(1) Approve the permit application and issue the permit;
(2) Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this chapter and issue the permit subject to these conditions; or
(3) Disapprove the permit application, indicating deficiencies and the procedure for submitting a revised application and/or submission. Pending preparation and approval of a revised plan, development activities may be allowed to proceed in accordance with conditions established by City Engineer.
(j) Failure of the City Engineer to act on original or revised applications within thirty calendar days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and City Engineer.
(k) Permit availability.
(1) The permittee shall furnish to the City Engineer, or authorized representative, any information which the City Engineer may request to determine compliance with the permit and copies of records required to be kept by the permit within five business days of the request.
(2) All permits, permit approval letters and SWP3s are considered reports that shall be available to the public in accordance with the Ohio Public Records law.
(Ord. 2008-18. Passed 2-19-08.)