(A) Applicability. Type I review shall be required if a land disturbing activity under this chapter is proposed as part of an activity or development subject to land use approval by the Louisville and the county’s Planning Commission, the TRC, the LD&T, Board of Zoning Adjustment, or legislative body. Such activities include, but are not limited to:
(a) Standard and innovative subdivisions, excluding minor plats and record plats;
(b) Developments requiring a general or detailed development plan under the Development Code;
(c) Conditional uses under the zoning provisions of the Development Code; and
(d) Developments requiring a rezoning.
(B) Concept EPSC plan submittal and approval.
(1) Concept EPSC plan submittal. The permittee shall submit a concept EPSC plan, when required, to the DPDS as part of the application for the land use or development approval.
(2) Preliminary review and approval. The concept EPSC plan shall be forwarded to the MSD and also distributed to interested agencies for their review and comment as part of the development application approval process. Taking into consideration interested agency and public comments, the MSD shall review and take final action on the concept EPSC plan, either approving, approving with conditions, or denying the concept EPSC plan.
(3) Pre-construction site meetings-determination. As part of the concept EPSC plan approval, MSD may require that a pre-construction site meeting occur for purposes of enforcing and administering the provisions of this chapter in accordance with division (D) below.
(C) Detailed EPSC plan submittal.
(1) Detailed EPSC plan submittal. Prior to the commencement of any land disturbing activity in anticipation of development or construction, a detailed EPSC plan shall be submitted to the MSD concurrent with any required construction plans or building permit applications.
(2) Referral to the DPDS and the Department of Public Works. The detailed EPSC plan, as part of the submitted construction plans, may be referred to the DPDS and the appropriate Department of Public Works for review and comment. Such review shall be primarily in regard to the detailed EPSC plan’s potential conflicts with other land development and land use standards and policies and conformance with applicable performance standards.
(D) Pre-construction site visits and meetings.
(1) Purposes. The purposes of a pre-construction site meeting are to:
(a) Correct any inadequacies in the EPSC plan that are identified during the visit and meeting;
(b) Ensure that the permittee, particularly the on-site contractor representative, understands the EPSC plan, inspection, maintenance, and record-keeping requirements; and
(c) In addition, the MSD inspectors and other involved personnel should inspect and note existing natural conditions adjacent to and downstream of the controls prior to construction, so that any changes or degradation due to inadequate control measures can be more easily identified during future inspections.
(2) Applicability/timing.
(a) If required as a condition of concept EPSC plan approval, a pre-construction site meeting shall be conducted prior to the MSD final action on the detailed EPSC plan.
(b) In all other cases, the MSD, in consultation with the other reviewing agencies, may require a pre-construction site meeting prior to the MSD final action on the detailed EPSC plan, or may require a pre-construction site meeting as a condition of detailed EPSC plan approval and postpone such visit until the notice of construction is received.
(3) Participants in the pre-construction site meeting. The following persons may participate in a pre-construction site meeting:
(a) Appropriate MSD personnel and, if warranted, representatives from the DPDS, the Department of Public Works, or any other relevant review agencies; and
(b) The permittee; the project designer or engineer; the CCR, if applicable; and, if available, the contractor (foreperson or similar person).
(E) MSD final action on the detailed EPSC plan and issuance of site disturbance permit.
(1) MSP final action; general provisions. The MSD shall consider any comments and shall then take final action on the detailed EPSC plan, either approving, approving with conditions, or denying the detailed EPSC plan.
(2) Minor/no revisions to the detailed EPSC plan-site disturbance permit issuance. After review of the detailed EPSC plan and the pre-construction site meeting (if applicable), if no revisions to the plan or only minor revisions or field adjustments to the plan are necessary for approval, the MSD shall take the following actions:
(a) The MSD shall approve or conditionally approve the detailed EPSC plan; and
(b) If all other site disturbance related approvals required under federal, state, or local law or regulation have been received, the MSD shall grant a site disturbance permit to the permittee. At the MSD’s discretion, the site disturbance permit may be issued prior to final approval of the remainder of any submitted construction plans considering such factors as weather and optimum construction scheduling.
(3) Significant revisions to the detailed EPSC plan. If the MSD and interested agency review of the detailed EPSC plan, other construction plans for development, and/or the pre-construction site meeting reveals the need for significant revisions to the detailed EPSC plan, the MSD approval shall not be granted. Instead, the MSD shall allow the permittee a reasonable opportunity to revise the plan and re-submit the plan for re-review and final action by the MSD. If the MSD thereafter approves or conditionally approves the revised plan, the MSD shall grant a site disturbance permit to the permittee. At the MSD’s discretion, the site disturbance permit may be issued prior to final approval of the remainder of any submitted construction plans, considering such factors as weather and optimum construction scheduling.
(F) Effect of detailed EPSC plan approval/site disturbance permit issuance.
(1) Permitted activities. Upon issuance of the site disturbance permit, site clearing and grading activities in anticipation of construction may commence on the site only after required EPSC measures are installed and appropriate notice is given pursuant to division (G) below. No work/building permit shall be issued or requested until a site disturbance permit is granted.
(2) Automatic lapse for inactivity. If the permittee does not commence land disturbing construction or development activity according to the provisions and time frame established or approved in the underlying land use approval, then the approval of the detailed EPSC plan and the site disturbance permit shall automatically lapse and become null and void.
(G) Notification of construction. Upon receiving detailed plan approval and a site disturbance permit, the permittees for land disturbing activities subject to these Type I review and site disturbance permit requirements shall file a notice of construction with the MSD no later than three working days prior to construction activity initiation or related (non-exempt) land disturbing activity on a site, whichever occurs first. Prior notice of construction allows the MSD to conduct, in a timely manner, any required pre-construction site meetings and to schedule inspections during construction, as necessary. Violation of this provision may result in immediate issuance of a notice of violation or a stop work order under §§ 156.075 through 156.080.
(H) Completion of construction and final inspection request.
(1) Certification of completion. Upon completion of site construction and final stabilization, the permittee shall submit a letter of completion to the MSD certifying that construction, including final stabilization, is complete and in accordance with all approved EPSC plans. Temporary EPSC measures may still be in place at the time of certification of completion, depending on the season; provided that adequate surety is given pursuant to § 156.061 for the maintenance and ultimate removal of such temporary controls at a later date.
(2) Permit termination.
(a) If at final inspection the site is in compliance with the approved EPSC plan, including final stabilization or adequate surety pursuant to § 156.061, the site disturbance permit shall be terminated.
(b) If at final inspection the site is not in compliance with the approved EPSC plans or this chapter, the site disturbance permit shall not be terminated, related performance assurances shall not be released, and the permittee shall not be permitted to request a certificate of occupancy for the development.
(Ord. 26, passed 9-25-2001)