(a) Required submissions. A person subject to this Chapter must submit to the Director the following information with each application for a sediment control permit:
(1) a plan delineating:
(A) the property boundaries;
(B) the proposed limits of disturbance, including any off-site areas;
(C) any shade tree planting locations and the required open surface area for each planting location;
(2) a table summarizing:
(A) the square footage of the property;
(B) the square footage of the limits of disturbance of the proposed activity;
(D) the open surface area surrounding each shade tree planting location; and
(3) any additional information specified by regulation.
(b) Qualification of preparer. A professional engineer, land surveyor, architect, or other person qualified to certify an erosion and sediment control plan under Chapter 19 is also qualified to submit the information required under this Chapter.
(c) Incomplete submissions. The Director must not accept an incomplete submission.
(d) Review of submissions. Each submission required under this Chapter must be reviewed along with any submission required under Article I of Chapter 19.
(e) Coordination of review. The Director may coordinate the review of any information submitted under subsection (a) with one or more other agencies as appropriate. If the Director coordinates the review with other agencies, the reviews must be performed concurrently and in accordance with any review coordination required under Chapter 19.
(f) Issuance of sediment control permit. The Director must not issue a sediment control permit to a person that is subject to this Chapter until:
(1) the Director has approved the applicant’s planting plan;
(2) the applicant pays any fee required under this Article; and
(g) Validity period. An approved shade tree planting plan remains valid for the length of the associated sediment control permit.
(h) Application requirement. To prevent circumvention of this Chapter, the Director may require a person to apply for a sediment control permit if that person limits the removal of tree canopy or limits land disturbing or construction activities below the requirements for a sediment control permit and within the next 10 years disturbs additional tree canopy or land on the same property, or conducts other activities, such that in the aggregate a sediment control permit would have been required. (2013 L.M.C., ch. 21, § 1.)