(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)