§ 154.02  GENERAL PROVISIONS.
   (A)   The administrative staff of the city shall be responsible for the administration and implementation of the standards specified in this chapter, unless specifically exempted herein.
   (B)   No grading, excavation, removal, or destruction of the topsoil, trees, or other vegetative cover of the land shall be commenced until such time that a plan for minimizing erosion and sedimentation has been approved or there has been a determination that such plans are not required.
   (C)   No development plan shall be approved unless:
      (1)   There has been a plan approved that provides for minimizing erosion and sediment consistent with the intent of this chapter, and a performance bond or other acceptable securities are deposited with the city in the form of an escrow guarantee in an amount as determined by the Public Works Director or Community Development Director which will insure installation and completion of the required improvements; or
      (2)   There has been a determination that such plans are not required as set forth in division (D) of this section.
   (D)   No water management, erosion or sedimentation control plan shall be required under this chapter for the following:
      (1)   An excavation or fill which meets the following criteria:
         (a)   The grade change from existing natural ground surface does not exceed 12 inches at any point and does not impair the surface drainage pattern; and
         (b)   Is certifed by the applicant that it will not impair existing surface drainage, block or interfere with swales or watercourses, constitute a potential erosion hazard, or act as a source of sedimentation to any adjacent land or watercourse.
      (2)   Accepted agricultural land management practices such as: plowing, construction of agricultural structures, and nursery operations such as the removal and/or transplanting of cultivated sod, shrubs, and trees and tree cuttings on or above existing ground;
      (3)   Grading, as a maintenance measure, or for landscaping purposes on existing developed lots or parcels, provided:
         (a)   The aggregate of area(s) affected, or stripped at any one time does not exceed 5,000 square feet, and there is no damaging, erosive, or sediment-laden drainage coming into or discharged from the subject area;
         (b)   The grade change does not exceed 12 inches at any point and does not impair the existing surface drainage pattern;
         (c)   All bare earth is promptly seeded, sodded, or otherwise effectively protected from erosive actions.
      (4)   Maintenance work such as roofing, painting, and basement sealing, or for small development activities (except for filling and grading) valued at less than $1,000.
   (E)   The areas of special flood hazard have been identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study for the City of Montgomery."  This study, with accompanying Flood Boundary and Floodway Maps and/or Flood Insurance Rate Maps dated March 2, 1993 and any revisions thereto is hereby adopted by reference and declared to be a part of this chapter.  The Flood Insurance Study is on file at 10101 Montgomery Road.  A plan shall be required for any proposed development activity located in an area of special flood hazard except as provided in division (D)(5) of this section.
   (F)   The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering consideration.  Larger floods can and will occur on rare occasions.  Flood heights may be increased by man-made or natural causes.  This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.  This chapter shall not create liability on the part of the city, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decisions lawfully made thereunder.
   (G)   This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
   (H)   If the applicant, developer or property owner shall fail to construct and/or maintain the development site in accordance with the approved plan for water management, erosion and sediment control, the city shall notify in writing the developer and/or property owner, by either ordinary mail or conspicuously posting such notice upon the development site, that the developer and/or property owner must bring the site into compliance with the approved plan within a reasonable period of time not to exceed seven days, or such shorter period of time as determined by the Public Works Director, and if in his or her opinion there is imminent danger to persons or property by the owner and/or developer failing to comply with the approved plan.  If the owner and/or developer fails to bring the property into compliance with the approved plan in the time allowed within the notice, then the city or its authorized agent may enter upon the property with further notice and take all steps necessary to bring the property into compliance with the approved plan or to abate any condition which poses an imminent danger to persons or property, and the cost of such corrective action shall be charged against the bond or other security as required herein.  To the extent such cost of corrective action exceeds the available bond or security, the costs shall be taxed as a lien upon the property and collected as a part of the real property taxes for such real estate.
(Ord. 13-1988, passed 3-2-88; Am. Ord. 5-1993, passed 2-3-93; Am. Ord. 5-2006, passed 4-5-06)