(a) Applicability.
(1) This chapter shall apply to both the development and redevelopment of land proposed for the following:
A. Residential, institutional, commercial, office, and industrial purposes, including subdivision and land development proposals for non-agricultural uses in rural areas.
B. Recreational facilities, non-agricultural water impoundments and waterway construction or improvement.
C. Public infrastructure uses, including transportation and utilities.
D. Any earth disturbing activity within critical and sensitive natural areas, including floodplains, highly erodible lands (HEL) and wetlands.
(2) This chapter does not apply to earth disturbing activities associated with agricultural activities.
(b) Responsibility for Administration. The authorized agent shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the authorized agent may be delegated in writing to persons or entities acting in the beneficial interest of or in the employ of the City.
(c) Severability. The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.
(d) Ultimate Responsibility. The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore this chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.
(e) Exemptions. Exemption does not exempt any person or persons from other provisions of this chapter or liability from their activities. Any person or persons seeking approval to construct a structure shall be exempted from having to prepare a site development plan or storm water management plan provided they meet all of the following:
(1) Construction takes place on one parcel;
(2) The earth disturbing activity does not affect more than one acre of the development site at a time;
(3) Construction is not located within 100 feet of a sensitive natural area;
(4) Earth disturbing activities will not modify the general existing site drainage pattern(s), drainage structure, drainage tiles, drainage easements, etc.;
(5) One or both of the following:
A. Specifications are obtained and followed for controlling potential off-site storm water and erosion impacts from small lot building sites set forth by the City and/or its authorized agent(s).
B. The parcel is part of an overall development plan which has received approval of a SMP and the developer certifies that they will comply with said plan.
(f) Compatibility with Other Permit and Ordinance Requirements. This chapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. The requirements of this chapter should be considered minimum requirements, and where any provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.
(Ord. 5973. Passed 2-20-07.)