(A) Purpose. The purpose of this subchapter is to promote, preserve and enhance the natural resources within the city and protect them from adverse effects occasioned by poorly sited development or incompatible activities by regulating land disturbing or development activities that would have an adverse and potentially irreversible impact on water quality and unique and fragile environmentally sensitive land; by minimizing conflicts and encouraging compatibility between land disturbing and development activities and water quality and environmentally sensitive lands; and by requiring detailed review standards and procedures for land disturbing or development activities proposed for such areas, thereby achieving a balance between urban growth and development and protection of water quality and natural areas.
(B) Applicability. Every applicant as defined herein must submit a storm water management plan to the City Administrator or designee. No building permit involving land disturbing activities, including but not limited to construction of new residential and/or commercial structures, and no preliminary plat for the subdivision of land within the city, and no permit to allow land disturbing activities, including but not limited to mining, excavation, filling and grading, shall be issued until approval of the storm water management plan or a waiver of the approval requirement has been obtained in strict conformance with the provisions of this subchapter. The lawn fertilizer regulations provisions of this subchapter apply to all land, public or private, located within the city. The provisions of this subchapter shall apply to all properties within the city for which mining or excavation conditional use permits have been issued; said applicability shall become effective on the next annual review date of a mining or excavation conditional use permit following the effective date of this subchapter.
(C) Exemptions. The provisions of this subchapter do not apply to:
(1) Any part of a subdivision if a plat for the subdivision has been approved by the Council on or before the effective date of this subchapter;
(2) Any land disturbing activity for which plans have been approved by the watershed management organization within 6 months prior to the effective date of this subchapter;
(3) A lot for which a building permit has been approved on or before the effective date of this subchapter;
(4) Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles; or
(5) Emergency work to protect life, limb, or property.
(Ord. 2013-05, passed 5-20-2013)