(A) Application and approval.
(1) Any person performing earth-disturbing activities, including filling activities, that affect greater than 599 square feet of area, or 30 cubic yards of material, shall first make application for a site development permit on a form provided by the city.
(2) An erosion and sediment control plan, along with the required fees, is required to accompany the application for the site development permit. The plan shall include proposed erosion control methods for all earth moving activities. The application review period begins upon receipt of a completed application and fees.
(3) Application for a permit shall be made prior to any grading operations. Any unauthorized work shall be considered a violation regardless of any later actions taken towards compliance. A building permit shall not be issued for properties that are not in compliance with these requirements.
(4) Soil test borings, geotechnical investigations, vegetative cutting for land surveys, percolation tests and similar activities shall not be considered start of work.
(5) The city will review each application for a site development permit to determine its conformance with the provisions of local regulations. Within 30 days after receiving an application, the city shall, in writing, either:
(a) Approve the permit application;
(b) Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or
(c) Deny the permit application, indicating the deficiencies and the procedure for submitting a revised application and/or submission.
(6) (a) The fee for a site development permit shall be based on the size of the site as follows:
1. Site 600 square feet to 10,000 square feet: an amount as set by the City Council from time to time;
2. Site 10,001 square feet to 43,560 square feet: an amount as set by the City Council from time to time; and
3. Site greater than 43,560 square feet: an amount as set by the City Council from time to time.
(b) Note: The amount of the site development permit fee for a residential dwelling, commercial building or accessory buildings thereto, shall be deducted from that individual’s building permit fee at the time the building permit is issued.
(7) Failure of the city to act on a properly submitted original or revised applications within 30 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 the city. Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by this chapter.
(B) General information.
(1) Platted drainage easements shall be provided where surface runoff is directed or concentrated or where storm water detention is provided.
(2) Existing watercourses, as defined in this chapter, shall not be altered or impeded unless otherwise expressly approved by the governing body having jurisdiction over said watercourse.
(3) Erosion and sediment control plans for sites greater than 43,560 square feet in area shall be prepared by a registered design professional.
(4) Subdivision erosion and sediment control plans must incorporate a separate detailed drawing and narrative describing minimum erosion and sediment control measures on individual lots within the approved subdivision.
(5) Individual lots of less than one acre in a subdivision where an erosion and sediment control plan has been approved shall not be considered a separate construction project but shall be considered a part of the subdivision as a whole. It shall be the responsibility of such lot owner to conform to all the requirements of the approved erosion and sediment control plan for the subdivision.
(6) All applicants shall, where applicable, obtain coverage under the state’s general permit for storm water discharges associated with construction activities.
(C) Required information.
(1) Plan. The erosion and sediment control plan shall include:
(a) For sites greater than 43,560 square feet in area:
1. A site plan identifying existing ground and forest cover and other resources protected under this chapter. The site plan shall be adequately scaled and detailed for clarity.
2. A sequence of construction of the development site, including stripping and clearing, rough grading, construction of utilities, infrastructure and buildings and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, and the sequence of clearing, installation of temporary erosion and sediment measures and establishment of permanent vegetation.
3. Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures.
(b) For sites less than 43,560 square feet in area:
1. A site plan identifying existing ground and forest cover and other resources protected under this chapter. The site plan shall be adequately scaled and detailed for clarity.
2. Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures.
(2) Modifications to the plan.
(a) Major amendments of the erosion and sediment control plan shall be submitted to the Building Official and shall be processed and approved, or disapproved, in the same manner as the original plans.
(b) Field modifications of a minor nature may be authorized by the city via written authorization to the permittee.
(D) Exceptions. A site development permit is not required for the following activities:
(1) Earth moving activities involving less than 600 square feet of area;
(2) Any emergency activity immediately necessary for the protection of life, property or natural resources;
(3) Existing nursery and agricultural operations conducted as a permitted primary or accessory use;
(4) Sidewalk and driveway construction disrupting less than 1,000 square feet of surface area;
(5) Underground utility installation and repair projects confined within improved streets of impervious materials, provided such activities are confined to the hard-surfaced area and provided the soils stockpiles are confined to the project area;
(6) Mining operations as permitted by the state and approved by the city; and
(7) Earth-disturbing activities approved by the City Building Official or Public Works Engineer.
(Prior Code, § 32-03) (Ord. 1088, passed 4-5-2010)