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§ 156.028 TABLE OF REVIEW AND PLAN REQUIREMENTS.
   The table below summarizes the review and plan requirement by type of land disturbing activity and can be found below.
Type of Land Disturbing Activity
Type of Permit Required. See § 156.027(C)
Type of Review Procedures Required. See § 156.027(B)
Type of EPSC Plan Required. See § 156.027(D)
Site Disturbance Permit
General Permit
Type I
Type II
General Permit
Concept EPSC plan
Detailed EPSC plan
Type of Land Disturbing Activity
Type of Permit Required. See § 156.027(C)
Type of Review Procedures Required. See § 156.027(B)
Type of EPSC Plan Required. See § 156.027(D)
Site Disturbance Permit
General Permit
Type I
Type II
General Permit
Concept EPSC plan
Detailed EPSC plan
1. Requires land use approval1
X
X
X
X
2. Requires building permit only (not discretionary)2
X
X
X
3. Undertaken by a public utility3
X
X
N/A
N/A
4a. Single-lot residential construction in an approved subdivision4
X
X
N/A
N/A
4b. Single-lot residential construction on a “red-flagged” lot5
X
X
X (At the MSD’s discretion)
5. Excavation, site clearing, or filling of land (no building permit required)
X
X
X (Only if Type I review required)
X
1 Includes all land disturbing activities associated with a specific development proposal subject to discretionary land use or development approvals (for example, subdivisions, conditional uses, development plan review, and the like).
2 Includes all land disturbing activities undertaken by a private contractor hired by a utility; includes utility-related land disturbing activities such as small trench work, service hook-ups to individual structures, general and emergency maintenance/repair work, and the like.
3 Includes land disturbing activities undertaken by a private contractor hired by a utility; includes utility-related land disturbing activities such as small trench work, service hook-ups to individual structures, general and emergency maintenance/repair work, and the like.
4 This category includes only construction of a residence, and/or accessory residential structures, on a single lot that is part of a subdivision subject to an EPSC plan approved pursuant to this chapter. Please see categories 4a. and 4b. in the table for important variations on this general provision.
5 “Red flagging” refers to a notion on the approved subdivision plan that a particular individual lot shall be subject to additional restrictions or scrutiny prior to construction.
 
(Ord. 26, passed 9-25-2001)
§ 156.029 PLAN PREPARATION AND CONTENT.
   (A)   Concept EPSC plans.
      (1)   Applicability. A concept EPSC plan, submitted by a qualified plan preparer, shall be required for all land use applications subject to a Type I review procedure.
      (2)   Contents. The concept EPSC plan shall contain the information and data as set forth in the MSD Design Manual, Standard Specifications, and Standard Drawings, including a narrative.
      (3)   Plan preparers.
         (a)   Detailed EPSC plans for land disturbing activities subject to Type I review. A detailed EPSC plan subject to Type I review shall be prepared and certified by a qualified plan preparer. In addition, the MSD may require consultation with geologists, hydrologists, soil scientists, and other professionals, as the MSD deems appropriate.
         (b)   Detailed EPSC plans for land disturbing activities subject to Type II review. Unless determined otherwise by the MSD, a detailed EPSC plan subject to Type II review shall be prepared and certified by a qualified plan preparer. Such determination will be based upon the amount of site disturbed, the type of disturbance and the proximity to drainageways.
(Ord. 26, passed 9-25-2001)
§ 156.030 TYPE I REVIEW PROCEDURE; ISSUANCE OF SITE DISTURBANCE PERMIT.
   (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)
§ 156.031 TYPE II REVIEW PROCEDURE; ISSUANCE OF SITE DISTURBANCE PERMIT.
   (A)   Applicability.
      (1)   Requires building permit only (no land use approval). Type II review shall be applicable to all land disturbing activities subject to this chapter that are associated with the construction of a specific development proposal that does not require land use approval under the Development Code. Type II review shall also be applicable to earth excavation, structure demolition, site clearing, or filling of land (including excavations and earth filling which may be performed without a conditional use permit pursuant to § 9.6 of the Development Code). For example, a development proposal that is consistent with applicable zoning and that only needs a building permit to proceed to construction shall be subject to a Type II review for purposes of this chapter.
   (B)   Detailed EPSC plan submittal and approval.
      (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 required construction plans or building permit application.
      (2)   Pre-construction site meeting. Following detailed EPSC plan submittal, the MSD, in consultation with the reviewing agencies, may require a pre-construction site meeting prior to taking final action on the detailed EPSC plan. Alternately, the MSD may require a pre-construction site meeting as a condition of detailed EPSC plan approval and postpone such meeting until the notice of construction is received pursuant to division (D) below. Participants in the pre-construction site meeting shall be as set forth in § 156.030(D)(3).
      (3)   MSD final action; general provisions. The MSD shall consider any comments from the public and interested review agencies and shall then take final action on the detailed EPSC plan, either approving, approving with conditions, or denying the detailed EPSC plan.
      (4)   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.
   (C)   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 reveal 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 approves or conditionally approves the revised plan according to provisions of this section, 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.
   (D)   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 all required EPSCs are installed and appropriate notice is given pursuant to this division (D). No work/building permit shall be issued or requested until site disturbance permit approval is granted.
      (2)   Automatic lapse for inactivity. If the permittee does not commence land disturbing activity or construction within one year of the MSD’s approval of the detailed EPSC plan or within the approved time frame for any related building permit, whichever occurs first, then the approval of the detailed EPSC plan and the site disturbance permit shall automatically lapse and become null and void.
   (E)   Notification of construction. Upon receiving detailed plan approval and a site disturbance permit, the permittees for land disturbing activities subject to these Type II 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 pursuant to division (B) above, 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.
   (F)   Completion of construction and final inspection request. The provisions regarding notification of completion of construction, final inspection, and permit termination set forth in § 156.030(H) shall apply.
(Ord. 26, passed 9-25-2001)
§ 156.032 GENERAL PERMITS.
   (A)   Purpose and intent. General permits are intended to streamline the application of this chapter to land disturbing activities undertaken by specific public or governmental entities, or utilities which activities typically are repetitive and small-scale. General permits are also intended to simplify application of this chapter to land disturbing activities undertaken on individual residential lots within subdivision developments already subject to an approved detailed EPSC plan under this chapter.
   (B)   Authorization.
      (1)   The MSD, in consultation with the DPDS and the City of Louisville, shall have the authority to negotiate the terms and conditions of all general permits authorized by this section.
      (2)   When applicable, a general permit shall incorporate the terms and agreement reached in any memorandum of understanding between the MSD and individual state agencies or other subdivisions of the state.
      (3)   Notwithstanding the permitted scope of general permits as set forth in division (C) below, a general permit may include provisions that allow the MSD to specify review and approval processes for land disturbing activities undertaken by a general permittee otherwise subject to the terms and conditions of this chapter.
      (4)   The MSD Chief Engineer shall have authority to review, amend, and approve the terms and conditions of general permits with such approvals or amendments being effective following approval, or at such time specified, by the Chief Engineer.
   (C)   Scope of authorized general permits.
      (1)   (a)   All land disturbing activities covered by an authorized general permit shall proceed subject to the specific terms and conditions of the general permit, which terms and conditions shall supersede and control over the administrative and review requirements set forth in §§ 156.025 through 156.033, the EPSC standards and criteria set forth in §§ 156.045 and 156.046, and the maintenance and performance requirements set forth in §§ 155.060 and 156.061.
         (b)   Notwithstanding this division (C)(1)(b), until the specific terms and conditions of the general permit are approved by the MSD Chief Engineer, the EPSC standards and criteria, the administrative and review requirements, and the maintenance and performance requirements set forth in this chapter shall apply to the subject land disturbing activity.
      (2)   Unless specifically addressed in the general permit, all other provisions of this chapter not addressed in division (C)(1) above, including specifically the enforcement and penalties provisions set forth in §§ 156.080 and 156.999, shall apply to all land disturbing activities subject to a general permit.
   (D)   Land disturbing activities covered by general permits.
      (1)   Land disturbing activities undertaken by public utilities.
         (a)   General permits shall be applicable to repetitive land disturbing activities undertaken by utilities, and the private contractors hired by the utility to undertake such work. Such activities may include:
            1.   Land disturbing activities associated with routine maintenance and/or repair of water, electric, gas, or communications lines;
            2.   Land disturbing activities associated with the placement of underground lines for the distribution or transmission of water, electric energy, gas, or communications services;
            3.   Land disturbing activities associated with placement of poles for overhead distribution or transmission of electric energy or of communications services; and
            4.   Land disturbing activities associated with small trench work and service hook-ups to individual residences and buildings.
         (b)   The general permit shall contain, among other things, standard EPSC practices for utilities land disturbing activities, which should include, but not be limited to, provisions that address:
            1.   Protection of stockpiled areas;
            2.   Protection along trenches (including perimeter controls during line installation and interior controls after backfilling);
            3.   Phasing and scheduling;
            4.   Stream crossing details; and
            5.   Final stabilization provisions.
         (c)   The general permit may have one set of EPSC provisions geared to utility installations connected with private development activity such as subdivisions, and a second set or provisions geared to a utility’s general maintenance/repair activities or its own initiated construction projects.
      (2)   Single-lot residential construction or demolition. A general permit shall be applicable to all land disturbing activities associated with the construction or demolition of residential principal and accessory structures on individual lots. The general permit shall allow such construction to proceed, subject to the following. The following single-lot residential construction shall be excluded from the terms of this general permit, and shall instead be subject to an individual review by the MSD:
         (a)   Individual residential building lots of record that were identified (“red flagged”) on the approved subdivision preliminary plan or record plat for additional restrictions or scrutiny prior to construction;
         (b)   The county, in consultation with the MSD and the City of Louisville, shall adopt administrative rules and procedures to implement this general permit, including, but not limited to, instituting a means to identify qualifying general permittees at the time of building permit issuance; and
         (c)   The general permit shall contain standard EPSC practices for the covered land disturbing activities, which should include, but not be limited to, provisions that address:
            1.   Perimeter controls;
            2.   Temporary construction access;
            3.   Protection and proper placement of stockpiled materials;
            4.   Protection around existing drainage structures;
            5.   Prevention of tracking soil, mud, and debris onto public rights-of-way;
            6.   Maintenance of EPSC measures;
            7.   Final stabilization;
            8.   Removal of EPSC measures following final stabilization; and
            9.   Inspection and record-keeping requirements.
(Ord. 26, passed 9-25-2001)
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