Section
55.001 General
55.002 Definitions
55.003 Major erosion control permit required
55.004 Minor erosion control permit required
55.005 Permit renewals
55.006 Filling requirements
55.007 SWPPP required; requirements; review and approval
55.008 Sites covered by state’s DNR General Permit No. 2
55.009 Inspection, notice to comply and notice of violation
55.010 Powers and authority for inspection
55.011 Repair and clean-up of damage
55.012 Appeals
55.013 Fees established
55.999 Penalty
(A) Soil erosion contributes to the impairment of drainageways, increases road and storm sewer maintenance costs, contributes to the destruction and obstruction to traveled roadways creating a potential hazard for vehicular traffic, and contributes to contamination and degradation of land surfaces and streams, flooding and dusty conditions. This chapter establishes requirements in an effort to control erosion and sediment transport.
(B) Owners of certain construction sites are required, under rules contained in General Permit No. 2, Storm Water Discharge Associated with Industrial Activity for Construction Activities (“General Permit No. 2”), to obtain coverage through the state’s DNR under that permit.
(C) Under its Municipal Storm Water National Pollution Discharge Elimination System permit, which permit is on file at the offices of the City Clerk and the City Engineer and is available for public inspection during regular office hours, the city is required to regulate, treat and control storm water discharges into the city’s storm water drainage system. One provision of that permit requires the city to enforce the requirements of General Permit No. 2 jointly with the state’s DNR.
(D) General Permit No. 2 and the document entitled Summary Guidance, A Brief Guide to Developing Pollution Prevention Plans and Best Management Practices, issued and administered by the state’s DNR, are hereby adopted and by reference made part of this section as if fully set forth herein. Any act these documents require or prohibit, is required or prohibited by this section. Any future amendments, revisions or modifications to these documents, incorporated herein, are intended to be made a part of this section.
(E) This chapter also establishes requirements for grading, filling, fill material and for obtaining erosion control permits. These requirements include use of suitable fill material, stable slope construction, proper site drainage and usability of public and private easements.
(F) Except as provided in § 55.004 of this chapter, no person shall engage in land-disturbing activities within the city unless they have received an erosion control permit from the city.
(2013 Code, § 28-160) (Ord. 14824, passed 2-11-2008) Penalty, see § 55.999
Words using the present tense shall include the future; the singular shall include the plural; the plural shall include the singular; the masculine gender shall include the feminine; the term “shall” is always mandatory, and the term “may” is permissive. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. Any individual, firm, corporation, association or partnership, or proprietor of land to undergo land-disturbing activities.
BUILDING OFFICIAL. The Director of Community Development, or Building Trades Manager, or their designee.
CERTIFIED PROFESSIONAL EROSION AND SEDIMENT CONTROL SPECIALIST. A specialist in the area of soil erosion and sediment control as certified by the Soil and Water Conservation Society and the International Erosion Control Association.
CITY. The City of Marshalltown, Iowa.
CITY COUNCIL. The City Council of the City of Marshalltown, Iowa.
CITY ENGINEER. The official holding the position established by § 31.030 of this code of ordinances or designee.
CIVIL ENGINEER. A professional engineer licensed in the state to practice civil engineering.
CLEARING AND GRUBBING. Removal of unwanted growth, in the form of trees, wood, shrubs, brush or stumps on a site.
DESIGN PROFESSIONAL. A licensed civil engineer or certified professional erosion and sediment control specialist.
DESIGN STANDARDS MANUAL. The 2008 edition of the Iowa Statewide Urban Design Standards for Public Improvements (SUDAS).
DEVELOPMENT. The alteration of land from its existing state.
DISTURBED AREA. The part of a site on which land-disturbing activities take place. All land area that is to be disturbed at any time during the project is to be counted in determining the disturbed area, even if part of the land will be stabilized before another part is disturbed.
EROSION. The wearing away of the land surface by running water, wind, ice, gravity or other geological, natural or human-made agents.
EROSION CONTROL OFFICER. The City Engineer, Building Official or designee.
EROSION CONTROL PERMIT. A major erosion control permit or a minor erosion control permit.
FILLING. Placing materials to effectively change the site contours. This shall include placing materials from the site itself or from off site.
FILL MATERIAL. Soil, stone, rock, brick, portland cement or asphaltic concrete or sand.
FILL SITE. Land upon which fill materials are placed and which placement does not require a sanitary disposal permit issued by the state.
FINAL STABILIZATION. All land-disturbing activities at the site have been completed, and that a uniform perennial vegetative cover with a density of 70% for the area has been established or equivalent stabilization measures have been employed.
GENERAL PERMIT NO 2. General Permit No. 2, Storm Water Discharge Associated with Industrial Activity for Construction Activities, as authored and administered by the state’s DNR.
IOWA DNR. The Iowa Department of Natural Resources.
LAND-DISTURBING ACTIVITIES. Clearing, grading, excavating, filling or removal of vegetation, paving or buildings, exposing earthen material on a site.
MAJOR EROSION CONTROL PERMIT. A permit issued by the city to engage in land-disturbing activities on a site with one acre or greater disturbed area.
MINOR EROSION CONTROL PERMIT. A permit issued by the city to engage in land-disturbing activities on a site of greater than one-quarter acre and less than one acre of disturbed area.
ORDINANCE. This chapter.
RESPONSIBLE PARTY. One or more persons who have applied for or hold a city erosion control permit, or who own, control or perform work on a site.
SEDIMENT. Solid material, both natural and human-made, that is in suspension, has been transported or has been moved from its origin by air, water, gravity or ice and has been deposited by the action of water or wind.
SITE. Property where land-disturbing activities take place.
STABILIZATION or STABILIZED. Vegetative cover with a density of 70% has been established, or equivalent stabilization measures have been employed.
STANDARD SPECIFICATIONS. The 2008 edition of the Iowa Statewide Urban Standard Specifications For Public Improvements (SUDAS).
STORM WATER DRAINAGE SYSTEM. All human-made facilities and structures and all natural watercourses that are owned by the city, or that are within a drainage easement owned by the city, and that are used for collection, storage, treatment and conveyance of storm water from any area, through any area. This includes without limitation all storm water facilities, canals, creeks, curb and gutter, dams, ditches, flood walls, flumes, gulches, gullies, levees, ravines, siphons, streams, streets and swales. For the purpose of illicit discharge regulation, any discharge to an area tributary to the STORM WATER DRAINAGE SYSTEM shall be treated as a discharge to the STORM WATER DRAINAGE SYSTEM. The STORM WATER DRAINAGE SYSTEM does not include the Iowa River.
STORM WATER FACILITIES. Anything built or used for the control of storm water, including without limitation catch basins, channels, culverts, detention basins, energy dissipation structures, inlets, manholes, outlets, pipes and other conduits, retention basins and roadways and gutters.
STORM WATER POLLUTION PREVENTION PLAN. A document conforming to the requirements therefor contained in General Permit No. 2 and this chapter, prepared and certified by a design professional, as defined herein.
SWPPP. Storm Water Pollution Prevention Plan.
(2013 Code, § 28-161) (Ord. 14824, passed 2-11-2008)
(A) General.
(1) Sites or common plans of development or sale that will result in a total disturbed area of one or more acres shall obtain a major erosion control permit prior to any land-disturbing activities.
(2) All major erosion control permits shall be issued by the city’s Engineering Department upon approval of a completed application for erosion control permit on a form provided by the city. The application shall be signed by the title holder of the site, together with the applicant, if different from the title holder.
(3) Sites required to obtain an erosion control permit shall comply with § 55.008 of this chapter, requirements for sites covered by the state’s DNR General Permit No. 2, herein.
(4) A major erosion control permit application shall include the following:
(a) A completed application for erosion control permit on a form provided by the city’s Engineering Department; and
(b) SWPPP conforming to the requirements of this chapter, and the requirements of General Permit No 2. If a SWPPP for the site has previously been submitted to the city and has not been modified, the applicant shall submit a signed and dated statement that the SWPPP has not been modified, in which case the SWPPP need not be resubmitted.
(B) Payment of the permit fee. The permittee shall provide the Erosion Control Officer with all material submitted as part of a notice of discontinuation when such a notice is filed with the state’s DNR.
(2013 Code, § 28-162) (Ord. 14824, passed 2-11-2008)
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