§ 156.095  EROSION CONTROL.
   (A)   Permit required. Prior to any person engaging in a land disturbance activity within the corporate boundaries of the city, they shall possess a city-issued permit for the land disturbance activity. A permit will be issued by the city once a sedimentation and erosion control plan has been submitted and approved.
   (B)   Land disturbance activity within the corporate boundaries of the City of Murray subject to NPDES permit coverage within the provisions of this subchapter shall include but not limited to:
      (1)   Land disturbing activities including development and  re-development activities that disturb an area greater than or equal to one (1) acre. Sites that are smaller than one (1) acre are also covered by this subchapter if they are part of a larger common plan of development or sale.
      (2)   Land disturbing activities of less than one (1) acre that have the potential to negatively impact local water quality or sensitive areas. This determination will be made at the sole discretion of the Director of Planning and Engineering or his or her designee.
   (C)   Permit coverage requirements. Prior to any person engaging in construction and or land disturbance activity subject to permit coverage within the corporate boundaries of Murray must comply with the following requirements to achieve and maintain coverage under the “National Pollutant Discharge Elimination System” (NPDES) general permit for construction activity:
      (1)   Develop and submit an erosion and sediment control plan to the City of Murray Planning and Engineering Department.
      (2)   Develop and submit a “Stormwater Pollution Prevention Plan,” (SWPPP) to the City of Murray Planning and Engineering Department.
      (3)   Submit an electronic notice of intent (NOI) form to the Kentucky Division of Water at least seven (7) days before construction begins.
      (4)   Submit a copy of the NOI to the City of Murray Planning and Engineering Department.
      (5)   All design, testing, installation, and, maintenance of erosion protection and sediment control operations and facilities shall adhere to the criteria, standards and specifications as set forth in the most recent version of the Kentucky Erosion Prevention and Sediment Control Field Guide.
      (6)   Continue to implement all plans and procedures during construction activity, including inspections every seven (7) days, or every 14 days and after each rainfall event of one-half inch or more.
      (7)   Submit a signed notice of termination (NOT) form to the Kentucky Division of Water, and the City of Murray Planning and Engineering Department after the site has been stabilized.
   (D)   Contents of erosion and sediment control plan. Plans shall be prepared by a licensed professional engineer, drawn to an appropriate scale and shall include sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed grading on water resources, and show measures proposed to minimize soil erosion and off-site sedimentation. The permittee shall assure that all clearing, grading, drainage-construction, and development are performed in strict accordance with the approved plan and this subchapter. The ESCP plan shall include the following:
      (1)   A project narrative.
      (2)   The location of the site in relationship to the surrounding area’s watercourses, water bodies, sinkholes, roads, structures, and other significant geographic features vulnerable to erosion from the disturbed site.
      (3)   An indication of the scale used.
      (4)   The name, address, and telephone number of the owner and/or developer of the property where the land disturbing activity is proposed.
      (5)   Contours with a minimum two (2) foot interval for the existing and proposed topography.
      (6)   The proposed grading or land disturbance activity including: the surface area involved, excess spoil material, use of borrow material, and specific limits of disturbance.
      (7)   A clear and definite delineation of any areas of vegetation or trees to be saved.
      (8)   A clear and definite delineation of any wetlands, sinkholes, natural or artificial water storage detention areas, and drainage ditches on the site.
      (9)   A clear and definite delineation of any one hundred (100) year floodplain on or near the site.
      (10)   Existing and proposed storm drainage systems.
      (11)   Standard details for storm water facilities and erosion and sediment control measures.
      (12)   Erosion and sediment control provisions to minimize on-site erosion and prevent off-site sedimentation, including provisions to preserve topsoil and limit disturbance.
      (13)   Design details for both temporary and permanent erosion control structures.
      (14)   Details of temporary and permanent stabilization measures.
   (E)   Review of plan. The City Engineer shall review the erosion and sediment control plan. The plan will be approved and a permit issued if he finds that it complies with the following land disturbance activity standards.
      (1)   Land disturbance activities shall be done in a manner which will minimize soil erosion:
         (a)   The extent of the disturbed area and the duration of its exposure shall be kept within reasonable limits.
         (b)   Cut and fill operations shall be kept to a minimum. Developments calling for excessive cutting and filling may be refused a permit if it is determined that the land use proposed for the site can be reasonable constructed with less alteration of the natural terrain.
      (2)   Land shall be developed in increments of workable size, which can be completed during a single construction season. Erosion and sedimentation control measures shall be coordinated with the sequence of grading, development and construction operations.
      (3)   When feasible, natural vegetation shall be retained, protected and supplemented.
      (4)   Topsoil shall be saved where practical and reapplied to the site after grading has been finished.
      (5)   Provisions shall be provided which minimize the damage from surface water to the cut face of excavations or the sloping surface of fills.
      (6)   Disturbed soils shall be stabilized as quickly as possible; however, no area shall be left disturbed for more than fourteen (14) days.
      (7)   Temporary seeding, mulching or other suitable methods of stabilization shall be used to protect exposed areas which have been disturbed longer than 30 days.
      (8)   Water runoff shall be minimized and retained on-site, wherever possible, to facilitate groundwater recharge and reduce erosion.
      (9)   Measures shall be taken to contain as much sedimentation as practical on-site:
         (a)   Sedimentation shall be trapped by the use of debris, basins, sediment basins, silt traps or similar measures approved by the City Engineer until the area has been stabilized.
         (b)   All required sedimentation and erosion reduction measures and structures shall be in place prior to any land disturbance.
         (c)   Sedimentation shall be kept out of sinkhole throats/outlets.
         (d)   All necessary soil erosion and sedimentation control measures installed shall be adequately maintained by the developer until the land has been completely stabilized as verified by the City Engineer.
         (e)   Techniques shall be employed to prevent the blowing of dust or sediment from the site.
         (f)   No mud, gravel, debris, etc., shall be allowed to accumulate or collect, or be deposited onto public streets or washed into storm drains.
      (10)   The type of stabilization or re-vegetation shall be appropriate for the slope and soil type of the site.
      (11)   Provisions shall be made for reseeding areas which do not vegetate the first time.
      (12)   Difficult areas, such as ditch lines and other slopes, may have to be sodded or stabilized in some other approved manner.
      (13)   The City Engineer shall review the plan within 30 days of its receipt and notify the applicant of his action. In the case of a denial, the reasons for the denial shall also be given. An applicant may appeal a denial of a permit to the Planning Commission. All appeals shall be made in writing within ten days of the denial and the applicant shall be entitled to a hearing before the Planning Commission within 30 days of the date of appeal.
      (14)   A land disturbance/ development permit will be issued on the basis of approved plans. No fee will be charged for the permit.
   (D)   Exemptions from this permit.  The following land disturbance activities are specifically exempt from this article:
      (1)   Land disturbance associated with existing one and two family dwelling.
      (2)   Use of land for home gardening.
      (3)   Agricultural use of land which is used in accordance with a farm conservation plan approved by the local soil conservation service or which has been determined by said service that such use will not cause excessive erosion or sedimentation.
      (4)   Land disturbance activities covered under an approved subdivision’s sedimentation and erosion control plan. (NOTE: Often these plans will cover only the land disturbance associated with lot arrangement and street development and not the individual lot development.)
   (E)   Existing unvegetated and eroded areas.  All existing unvegetated areas within the city shall submit and have approved an erosion and sediment control plan, a SWPPP, and a NOI from the Division of Water as per § 156.095(C). All areas of the city shall be vegetated or stabilized in accordance with this article. The existing unvegetated areas shall institute measures to keep their sedimentation on-site and out of sinkhole outlet areas while the erosion control and revegetation measures are in progress.
(Ord. 2001-1253, passed 8-23-01; Am. Ord. 2005-1373, passed 3-24-05; Am. Ord. 2014-1636, passed 4-10-14)