A. Purpose: The purpose of this section is to establish regulation of land disturbing activities, preservation and enhancement of the natural environment by reducing sedimentation in streams, lakes, stormwater systems and other waterways, protection of the quality of surface water resources, preserve and protection of wildlife habitat, restore sites to reduce the negative environmental effects of land disturbing activities, provide effective practices for erosion and sedimentation control, and to comply with local, state and federal regulations.
B. Scope: Except where an exemption applies, any person proposing a land disturbing activity or whose land constitutes a land disturbing activity within the city shall apply to the city for the approval of a stormwater pollution prevention plan. No land shall be disturbed until the plan is approved by the city and conforms to the standards set forth herein.
C. Stormwater Management Permit Required:
1. Review And Approval: No person shall grade, fill, excavate, store, dispose of soil and earth materials, or perform any other land disturbing or land filling activity without first submitting a stormwater pollution prevention plan for review and approval by the city and obtaining a permit as required in this section and the requirements of section 14-1-8, "Postconstruction Stormwater Runoff", of this chapter. If the applicability requirements of this section or section 14-1-8 of this chapter apply the stormwater pollution prevention plan submittal needs only to meet the requirements of that section. The stormwater management permit is not a replacement for a conditional use permit as required in this code or a wetlands permit as required in section 12-2-6 of this code, or the requirements of the critical area district as required in title 12, chapter 3 of this code nor is it a replacement for a watershed district permit or a state NPDES permit.
2. General Exemptions: Land disturbing activities, which meet all the following criteria are exempt from the requirements of this section:
a. The disturbed or filled area is five thousand (5,000) square feet or less in area; and
b. The volume of soil or earth material stored or moved is fifty (50) cubic yards or less; and
c. No drainageway is blocked or has its stormwater carrying capacities or characteristics modified; and
d. The activity does not take place within one hundred feet (100') by horizontal measurement from the top of the bank of a watercourse, the ordinary high water mark of a water body, or the ordinary high water mark of a wetland associated with a watercourse or water body. The activity does not take place within an established 100-year floodplain; and
e. Not considered part of a larger common plan of development. (Ord. 421, 2-3-2009; amd. Ord. 490, 2-16-2016)
3. Categorical Exemptions: Notwithstanding the requirements of this Code, the following activities are exempt from the permit requirements:
a. Emergency activities necessary to prevent or alleviate immediate dangers to life or property.
b. Activities that are under the regulatory jurisdiction of an authorized State or Federal agency.
c. General farming, gardening and nursery activities.
d. Residential construction activity limited to:
(1) Additions to the existing structure,
(2) Landscaping and landscaping structures, and
(3) Construction of a detached garage or accessory structure. (Ord. 540, 4-2-2019)
D. Submission Requirements For A Stormwater Management Permit:
1. Application Items: Application for a stormwater management permit shall include submittal of stormwater pollution prevention plan which shall include:
a. Application form and fee.
b. Narrative describing temporary erosion and sediment control, permanent stabilization, pollution prevention and permanent stormwater management.
c. Site map and grading plan.
d. Temporary erosion and sediment control plan meeting the requirements of the City's land disturbance guidance document.
e. Permanent stabilization plan meeting the requirements of the City's land disturbance guidance document.
f. Permanent stormwater management measures meeting the requirements outlined in section 14-1-8 of this chapter and the City's land disturbance guidance document.
g. Work schedule.
h. Cost estimate.
i. Landscape plan showing proposed landscape improvements (plantings, seeding, sod, etc.) if applicable to the project application.
j. Lighting/photometric plan displaying proposed exterior lighting, to include light fixture type, height, and foot-candle coverage if applicable to the project application.
k. The City may require the applicant to submit additional information or data it determines necessary to complete its review. Submittals determined by the City to be incomplete or otherwise unacceptable for the purposes of this chapter shall be returned to the applicant for correction and resubmittal. (Ord. 431, 2-1-2011; amd. Ord. 490, 2-16-2016)
2. Fees: All applications shall be accompanied by a permit fee. Fees for permits shall be fixed and determined by the City Council, adopted by ordinance and uniformly enforced. Such permit fees may, from time to time, be amended by City Council ordinance. A copy of the ordinance setting forth currently in effect permit fees shall be kept on file by the City and shall be open to inspection during regular business hours.
E. Review Procedure:
1. Process: City staff will review each complete application for a stormwater management permit to determine its conformance with the provisions of this chapter. Within ten (10) working days of receiving an application, city staff will identify if additional materials are required to complete a permit application and within sixty (60) days of receiving an application, city staff shall approve, approve with conditions, or deny a stormwater management permit application.
2. Appeal: An applicant may appeal a decision of denial of a permit under this section which shall be made under the manner prescribed in section 14-1-11 of this chapter.
3. Site Review: Once a permit is granted, city staff shall inspect the property for:
a. Erosion control compliance with this code;
b. Permit conditions and site plans prior to the onset of construction; and
c. Permit conditions and site plans throughout project construction.
4. Stop Work Order: The city reserves the right to issue a stop work order for any violation of this chapter, or noncompliance with permit conditions, observed during site inspection. Stop work order shall remain in effect until identified violations or noncompliant issues have been corrected.
F. Form Of Security: Before a permit is issued, the city may require the permittee to post security in a form acceptable to the city equal to one hundred twenty five percent (125%) of the cost estimate stated in the application and agreed by the city to be the cost of the work to be done under the permit. The security may take the form of cash in United States currency or an irrevocable letter of credit issued by a financial institution in a form acceptable to the city.
1. Release Of Security:
a. Provided no action has been taken by the city to recover all or a part of the security before that determination has been made, any security deposited with the city to guarantee performance of the grading and erosion control work shall be released to the person holding the permit upon determination by the city that the conditions of the permit have been satisfactorily performed.
b. Provided no action has been taken by the city to recover all or part of the security filed by the permittee before that date, securities held to ensure the successful completion of an interim or final plan shall be released to the permittee either one year after termination of the permit or when a final plan is submitted for the unimproved site, whichever is later.
G. Suspension Of Permit: In enforcing the permit:
1. The city may suspend the permit and issue a stop work order as provided under subsection E4 of this section. Upon receipt of a stop work order, the permittee shall cease all work on the work site except for work necessary to remedy the cause of the suspension.
2. The permittee may request a reinstatement of a suspended permit upon correction of the causes for suspension and, if the conditions of the permit have been complied with in full, the city shall reinstate the permit.
3. If the permittee fails or refuses to cease work as required under subsection E4 of this section, the city shall revoke the permit.
4. The city shall not reinstate a revoked permit but shall proceed to act against the security as provided in subsection H of this section.
5. Work performed without a permit is a violation of this chapter and is subject to misdemeanor enforcement.
H. Action Against Security: The city may act against the appropriate security if any of the following conditions exist:
1. The permittee stops performing the land disturbing activities or filling, and abandons the work site prior to completion of permanent site stabilization.
2. The permittee fails to conform to the stormwater pollution prevention plan as approved, and has had its permit revoked as provided in subsection G of this section.
3. The techniques utilized for temporary or permanent stabilization fail within one year of installation or before the final plan is implemented for the site or portion of the site, whichever comes later.
4. The city determines that its actions are necessary to prevent excessive erosion from occurring on the site, or to prevent nuisance conditions from occurring on adjacent or nearby properties.
The city shall use funds recovered from the security to reimburse the city for all direct and indirect costs incurred in doing the remedial work undertaken by the city or private contractor under contract with the city. (Ord. 421, 2-3-2009; amd. Ord. 490, 2-16-2016)
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