(A) Process.
(1) Land disturbance plans meeting the requirements of § 156.007(C) of this chapter and minimum best management practices requirements of the city’s land disturbance and implementation requirements will be reviewed administratively by city staff and/or by the City Council.
(2) If the land disturbance plan indicates land disturbance of three or more acres, the land disturbance plan shall be reviewed by the City Council. The City Council may approve, approve with conditions or deny the land disturbance plan. If applicable, City Council action on the land disturbance plan must be accomplished within 60 days following the date the application for approval is filed with the city.
(3) If the land disturbance plan indicates land disturbance of less than three acres, the land disturbance plan may be approved administratively by city staff, unless it is determined that City Council review is necessary. City staff may approve, approve with conditions or deny the land disturbance plan. For administrative reviews, city action on the plan will normally be accomplished within 14 days following the date the application for approval is filed with the city. Land disturbance plans denied at the staff level may be appealed to the City Council for Council review by the applicant, if the appeal is filed in writing within 14 days of the denial.
(B) Approval standards.
(1) Generally. All sites with land disturbance activities shall be prepared and maintained to control against erosion and sedimentation as set forth in this chapter and the city’s land disturbance plan and implementation requirements.
(2) Erosion and sediment control. Temporary and permanent erosion and sediment control measures shall be installed on all sites as necessary to prevent erosion and sedimentation from impacting any adjacent property, rights-of-way, drainage system, lake, pond, wetland, watercourse, natural resource or other protected area. The site shall include applicable BMPs to minimize the erosion and discharge of sediment and other pollutants as described in the NPDES construction general permit part IV.B. and part IV.C.
(3) Implementation of land disturbance plan. All erosion and sediment control measures must be operational prior to the start of any land disturbance activity as specified in the SWPPP, construction plans and specifications, the city’s land disturbance plan and implementation requirements, or as deemed necessary by the city based on actual site conditions.
(4) Site dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydrocyclones, swirl concentrators or other applicable BMPs for dewatering activities as described in the NPDES construction general permit part IV.D. Water may not be discharged in a manner that causes erosion, scour or flooding of the site or receiving channels or a wetland.
(5) Inspection. Inspection of the land disturbance plan measures will be carried out as required by the city approved land disturbance permit conditions of approval and the city’s land disturbance plan and implementation requirements. All storm water management BMPs shall be inspected weekly or after every one-half inch or greater rain event by the applicant. Site inspections and record of rainfall events shall comply with the NPDES construction general permit part IV.E.
(6) Maintenance. All erosion and sediment control measures must be maintained throughout the duration of the project. Deficiencies found through inspection of a site shall be repaired as necessary to bring the site into conformance with this chapter, the plans and specifications, the city’s land disturbance plan and implementation requirements as set forth in the land disturbance permit conditions of approval, and with the NPDES construction general permit part IV.E. At minimum, land disturbance plan items shall be maintained as follows.
(a) If a perimeter erosion control device is found to have sediment accumulation in excess of one-third of the total device height, the sediment shall be removed within 24 hours of discovery.
(b) If an erosion control device is found to be non-functional, it shall be repaired or replaced within 24 hours of discovery.
(c) Temporary sediment basins shall be maintained when sediment reaches one-half the outlet height or one-half the storage volume within 72 hours after discovery. The use and management of site temporary sediment basins shall meet the requirements of the NPDES construction general permit part III.C.
(d) Additional erosion and sediment control measures shall be installed as directed by the city as found necessary to protect life and limb, the environment, properties or the stability of a property until final stabilization, has been achieved.
(7) Solid and hazardous materials. Management of site solid waste and hazardous waste materials shall meet the requirements of the NPDES construction general permit part IV.F.
(Prior Code, § 1303.08) (Ord. 914, passed 04-25-2016)