A. When Required:
1. Every person will be required to obtain a land disturbance permit from the city engineer in the following cases:
a. Land disturbing activity generally disturbs one or more acres of land.
b. Land disturbing activity of less than one acre of land if such activity is part of a larger common plan of development that affects one or more acres of land.
c. Land disturbing activity of less than one acre of land, if in the discretion of the city engineer or designee, such activity poses a unique threat to water, or public health or safety.
d. The creation and use of borrow pits.
e. Development of a single-family home.
f. Processing of earthen materials such as topsoil and gravel screening.
g. Construction of parking lots.
B. Drainage Channels, Waterways And Sensitive Areas:
1. Property owners shall not alter or restrict natural channels and waterways without proper federal, state and city permits.
2. Modifications of sensitive areas are subject to and governed by the critical environmental zone ordinance (CE-1). These actions will require a land disturbance permit and approval from all other governing agencies.
3. Property owners proposing to redirect runoff, surface and/or pipe flow to properties or facilities outside Mapleton City Corporation boundaries must provide written approval from the state, county or municipality or their agents.
4. Property owners are responsible for the protection of canals per the relevant sections of this chapter.
5. Discharges or modifications to the canals require written approval from the canal owners and applicable governing agencies.
C. Building Permit: No building permit shall be issued until the applicant has obtained a land disturbance permit where the same is required by this chapter.
D. Exemptions: The following activities are exempt from the permit requirement:
1. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
2. Existing nursery and agricultural operations conducted as a permitted main or accessory use.
3. Any agricultural activity that is consistent with an approved farm conservation plan or a management plan prepared or approved by the appropriate city, federal, or state agency.
4. Additions or modifications to existing single-family structures. (Ord. 2012-02, 2-21-2012, eff. 3-18-2012)
E. Application For A Land Disturbance Permit:
1. Each application shall include the following:
a. Name of applicant;
b. Business or residence address of applicant;
c. Name, address and telephone number of the owner of the property of record in the office of the assessor of property;
d. Address and legal description of subject property including the tax reference number and parcel number of the subject property;
e. Name, address and telephone number of the contractor and any subcontractor(s) who shall perform the land disturbing activity and who shall implement the erosion and sediment control plan;
f. A statement indicating the nature, extent and purpose of the land disturbing activity including the size of the area for which the permit shall be applicable and a schedule for the starting and completion dates of the land disturbing activity.
2. The applicant shall obtain from any other state or federal agency any other appropriate environmental permits that pertain to the property, such as the UPDES stormwater general permit for construction activities permit UTR300000. However, the inclusion of those permits in the application shall not foreclose the city engineer from imposing additional development requirements and conditions, commensurate with this chapter, on the development of property covered by those permits.
3. Each application shall be accompanied by:
a. A sediment and erosion control plan.
b. A stormwater pollution prevention plan (SWPPP) providing for stormwater management during the land disturbing activity and after the activity has been completed meeting the requirements of the stormwater general permit for construction activities permit. (Ord. 2014-03, 2-4-2014, eff. 4-13-2014)
4. Each application for a land disturbance permit shall be accompanied by payment of land disturbance permit and other stormwater management fees, as adopted by resolution and found in the city fee schedule. (Ord. 2012-02, 2-21-2012, eff. 3-18-2012)
F. Review And Approval Of Application:
1. The city engineer or designee will review each application for a land disturbance permit to determine its conformance with the provisions of this chapter. Within fifteen (15) days after receiving an application, the city engineer or designee shall provide one of the following responses in writing:
a. Approval of the permit application;
b. Prior to the issuance and part of a land disturbance permit, the applicant and responsible parties shall enter into a bond agreement with the city to ensure completion of, compliance with, under the terms and conditions of this title regarding stormwater pollution prevention, including, but not limited to, compliance with the terms and conditions of this chapter, stormwater pollution prevention plan (SWPPP), and any additional conditions required by the city engineer or designee as provided herein.
The bond agreement shall be in a form and contain such provisions as approved by the city. Such provisions may be included in and combined with any other additional bonds required for a building permit, for the project, development or construction activity;
c. Approval of the permit application, subject to such reasonable conditions as may be necessary to secure substantially the objectives of this chapter, and issue the permit subject to these conditions; or
d. Denial of the permit application, indicating the reason(s) for the denial. (Ord. 2014-03, 2-4-2014, eff. 4-13-2014)
2. If the city engineer or designee has granted conditional approval of the permit, the applicant shall submit a revised plan that conforms to the conditions established by the city engineer or designee. However, the applicant shall be allowed to proceed with his land disturbing activity so long as it conforms to conditions established by the city engineer or designee.
No development plans will be released until the land disturbance permit has been approved.
G. Permit Duration:
1. Every land disturbance permit shall expire and become null and void if substantial work authorized by such permit has not commenced within one hundred eighty (180) calendar days of issuance, or is not complete within eighteen (18) months from the date of the commencement of construction.
H. Notice Of Construction:
1. The applicant must notify the city engineer or designee ten (10) working days in advance of the commencement of construction. Regular inspections of the stormwater management system construction shall be conducted by the city engineer or designee. All inspections shall be documented and written reports prepared that contain the following information:
a. The date and location of the inspection;
b. Whether construction is in compliance with the approved stormwater management plan;
c. Variations from the approved construction specifications;
d. Any violations that exist. (Ord. 2012-02, 2-21-2012, eff. 3-18-2012)
I. Performance Bonds:
1. The city engineer or designee may, at his discretion:
a. Require the submittal of a performance security or performance bond prior to issuance of a permit in order to ensure that the stormwater practices are installed by the permit holder as required by the approved stormwater pollution prevention plan (SWPPP).
(1) The amount of the installation performance security or performance bond shall be the total estimated construction cost of the structural BMPs approved under the permit plus any reasonably foreseeable additional related costs, e.g., for damages or enforcement.
(2) The performance security shall contain forfeiture provisions for failure to complete work specified in the stormwater pollution prevention plan (SWPPP).
(3) The applicant shall provide an itemized construction cost estimate complete with unit prices which shall be subject to acceptance, amendment or rejection by the city engineer or designee.
(4) Alternatively, the city engineer or designee shall have the right to calculate the cost of construction cost estimates. (Ord. 2014-03, 2-4-2014, eff. 4-13-2014)
2. The performance security or performance bond shall be released in full only upon submission of as built plans and written certification by a registered professional engineer licensed to practice in the state of Utah that the structural BMP has been installed in accordance with the approved plan and other applicable provisions of this chapter.
3. The city engineer or designee will make a final inspection of the structural BMP to ensure that it is in compliance with the approved plan and the provisions of this chapter. Provisions for a partial pro rata release of the performance security or performance bond based on the completion of various development stages can be made at the discretion of the city engineer or designee. (Ord. 2012-02, 2-21-2012, eff. 3-18-2012)
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