(a) General Intent. Prior to the development or re-development of any land in the City, the responsible person shall meet the requirements outlined in Section 1399.03(d).
(1) For projects involving earth- or land-disturbance of one (1) or more acres or less than one (1) acre that is part of a larger common plan of development of one (1) acre or more, an erosion and sediment control plan shall be developed and submitted for review and approval to the City, to ensure that compliance with the provisions of this chapter will be achieved during and after development. This plan shall be approved prior to commencement of work.
(2) For projects involving earth- or land-disturbance of less than one (1) acre, when not a part of a larger common plan of development, it is not necessary to submit an erosion and sediment control plan; however, the person responsible for such land-disturbing activities must comply with all other provisions of this chapter. These sites will be subject to spot-inspection and site investigation by the City to ensure compliance with this chapter.
(b) Plan Review.
(1) The City shall upon receipt of the plan initiate review and make a good faith effort to indicate its approval or disapproval (status of compliance or non-compliance) within 21-days, to the person who files the plan. Indication of disapproval (non-compliance) shall include the plan deficiencies and the procedures for filing a revised plan. In the event an approved plan necessitates a revision, pending preparation and approval (determination of compliance) of the revised plan, earth-disturbing activities shall proceed only in accordance with conditions outlined by the approving agent. Failure to act within the above-described plan review time, shall not imply or represent plan approval.
(2) Plan approval does not constitute assurance that the proposed facilities will perform in the manner indicated by the design. The responsibility of the proper functioning operation and maintenance of the facilities remains with the owner. The owner shall be responsible for providing any additional means or methods necessary to meet the intent of this chapter.
(c) Appeal Process. Regarding this chapter, any person aggrieved by any written order or written requirement, final determination (whether approval or disapproval), and action or inaction (including failure to respond or review plans per the requirements of this regulation) may appeal to the Administrator.
(Ord. 19-005. Passed 2-25-19.)