(a) Permits. The following permits shall be required as specified below.
(1) Land Disturbance Permits. The Development of any land in the City, including the construction or alteration of any Building or Structure, is prohibited and shall not be commenced unless and until a Land Disturbance Permit is obtained from the City Engineer/Planning Director or designee, except as expressly exempted under subsection (a)(1)C. hereof.
A. Application. An Applicant for a Land Disturbance Permit shall submit to the City Engineer/Planning Director or designee an application consisting of the following items:
1. A completed application form for such permit, in the form prescribed by the City Engineer/Planning Director or designee, together with applicable fees;
2. The Final Plat for the subject Subdivision or Land Development, stamped and signed as approved by the Planning Commission, or a copy thereof;
3. A Plan clearly showing the area to be disturbed and/or any Structures to be constructed or altered upon the subject land, unless such items are clearly shown on the Final Record Plat;
4. If the proposed activities will involve the disturbance of at least one (1) acre or creation or replacement of 5,000 square feet of Impervious Area, an Erosion and Sediment Control Plan approved by the City Engineer/Planning Director or designee in accordance with the provisions of Section 1309.02
. Alternatively, the Applicant may submit an application for approval of the Erosion and Sediment Control Plan together with the application for the Land Disturbance Permit, in which case approval of the Erosion and Sediment Control Plan shall be a prerequisite for approval of the Land Disturbance Permit, and the application for approval of the Land Disturbance Permit shall not be deemed complete, and its review shall not commence, until the Erosion and Sediment Control Plan is duly approved;
5. Any state and federal permits required under applicable law for the proposed activities upon the subject land and duly issued by the appropriate authority; and
6. Any performance guarantee required pursuant to Article 1309
hereof for the proposed activities upon the subject land.
B. Review and Approval Process. The City Engineer/Planning Director or designee shall review each application for a Land Disturbance Permit to determine its conformance with the provisions of this Ordinance and other applicable law. Within thirty (30) days after receiving a complete application for a Land Disturbance Permit, the City Engineer/Planning Director or designee shall, in writing:
1. Issue the permit; or
2. Issue the permit subject to such reasonable conditions necessary to substantially satisfy the requirements of this Section; or
3. Disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application.
C. Exemptions. No Land Disturbance Permit is required for the following activities:
1. Any emergency activity which is immediately necessary for the protection of life, property or natural resources.
2. Existing nursery and agricultural operations conducted as a principal Permitted Use or Accessory Use under the Zoning Ordinance.
3. Any activity for which approval of a Final Subdivision and/or Land Development Application is not required under this Ordinance.
D. Multiple Permits. A Land Disturbance Permit will pertain to and authorize only the specific activities covered in the underlying application. One or more additional Land Disturbance Permits will be required for other activities. For example, if an initial Land Disturbance Permit for a residential Subdivision applies only to the construction and installation of Roads, water and sewer Improvements, and other infrastructure, additional permits may be required for the subsequent construction of residential Units.
E. Building Permits. Nothing herein shall be deemed to eliminate or modify the requirement for a Building permit under other applicable law.
F. Revocation of Permit. A Land Disturbance Permit may be revoked by the City Engineer/Planning Director or designee for failure to comply with the Land Disturbance Plan or requirements or conditions of the Land Disturbance Permit.
(b) Fees. All Subdivision and Land Development Applications and other applications and submissions made under this Ordinance shall be accompanied by the prevailing fees.
(c) Inspections. All Stormwater Management Facilities on land subject to a Land Disturbance Permit shall be inspected periodically by the City Engineer/Planning Director or designee during construction. Prior to the release of bonding, all Stormwater Management Facilities shall be as-built and inspected by the City Engineer/Planning Director or designee.
(Ord. 2022-13. Passed 11-10-22.)