(A) Permit Required. Except as otherwise provided by this subchapter, a site preparation permit is required for any person performing or causing to be performed any land-disturbing activity covering one or more acre(s) within the territorial limits of the city. A permit issued under this subchapter is non-transferable and any attempted or purported transfer shall immediately void the permit.
(B) Exceptions. A site preparation permit shall not be required under this subchapter for:
(1) Preparation of a residential lot for home construction where the land-disturbing activity covers less than one acre;
(2) Normal lawn and landscaping maintenance;
(3) Existing nursery and agricultural operations;
(4) Any emergency activity which is immediately necessary for the protection of life, property or natural resources.
(C) Application submission. At least one landowner or land user controlling or using the site and desiring to undertake a development or land- disturbing activity subject to this subchapter shall make application for a permit upon a form approved by the agent. Each application for a permit shall be filed with the agent and accompanied by:
(1) A vicinity map in sufficient detail to easily locate, in the field, the site for which the permit is sought, including the boundary line and approximate acreage for the site and a legend and a scale;
(2) A site plan showing:
(a) Existing site conditions on a scale of 1 inch equals 100 feet or larger;
(b) Existing topography of the site and adjacent land within approximately 100 feet of the boundaries drawn at no greater than two-foot contour intervals and clearly portraying the conformation and drainage pattern of the area;
(c) The location of existing buildings, structures, utilities, water bodies, floodplains, drainage facilities, vegetative cover, paved areas, watershed divides and other significant natural or man-made features on the site and adjacent land within approximately 100 feet of the boundary; and
(d) Proposed use of the site, including both present development and planned utilization; areas of excavation, grading and filling; proposed contours, finished grades and provisions for storm drainage, including the control of accelerated runoff with a drainage area map and computations; kinds and locations of utilities; and areas and acreages proposed to be paved, covered and sodded or seeded, vegetatively stabilized or left undisturbed.
(3) An erosion and sediment control plan shall be submitted for land-disturbing activities whenever the proposed activity covers one or more acre(s). The plan shall show:
(a) All erosion control measures necessary to meet the objectives of this local law throughout all phases of construction and permanently after completion of development of the site. Depending upon the complexity of the project, the drafting of intermediate erosion control plans also may be required.
(b) Provisions for maintenance of control facilities, including easements;
(c) Identification of the person(s) or entity which will have legal responsibility for maintenance or erosion control structures and measures after development is completed;
(4) A non-refundable application fee established by the City Council.
(D) Inspections. By submitting an application, the applicant authorizes the agent and other employees of the city to enter the site for the purpose of obtaining information required for the review of the erosion and sediment control plan. Such inspections may take place before, during or after any land- disturbing activity. If upon inspection existing site conditions are found to be in conflict with an approved erosion control plan or if such activity is being undertaken without a permit, the agent shall proceed with enforcement under § 156.98.
(E) Notice of Determination. The agent shall promptly notify the applicant in writing of the approval or denial of the application within ten working days by sending such notification to the applicant at the address shown on the application.
(1) If the application is denied, the agent shall promptly notify the applicant in writing of such determination, of the reasons for the denial and of any right to appeal the determination.
(2) If the application is approved, the agent shall promptly issue a permit subject to such conditions as may be necessary to serve the general principles set forth in § 156.15.
(F) Effect of Approval. Approval of an Erosion Control Plan and issuance of a site preparation permit shall not constitute an acknowledgment or warranty by the city that the Erosion Control Plan will prevent public erosion nuisances, and the city waives no rights to pursue any legal remedies, either under this subchapter or any other applicable ordinances or laws. If for any reason a public erosion nuisance occurs, the fact that a site development permit has been issued or that an Erosion Control Plan has been accepted by the city shall not be a defense or bar to prosecution under this subchapter. Neither any provision of this chapter nor the issuance of a permit under this subchapter shall be construed to authorize any act in violation of any other applicable law or rule.
(Ord. 2002-31, passed 11-12-02; Am.Ord.2005-29, passed 9-13-05)