A. When Required: Every person shall obtain a land disturbance permit from the City in the following cases:
1. Land disturbing activity of one acre of land or more, unless exempted under subsection D of this section;
2. Land disturbing activity of less than one acre of land if such activity is part of a larger common plan of development that affects one acre of land or more; and
3. Land disturbing activity of less than one acre of land, if the division determines that such activity poses a unique threat to water or public health and safety.
B. If No Permit Is Required: Land disturbing activity less than one acre that does not require a land disturbing permit must submit and implement a stormwater pollution prevention plan that includes Best Management Practices ("BMPs").
C. Building Permit: No building permit shall be issued until the applicant has obtained a land disturbance permit where the same is required by this chapter.
D. Exemptions: The following activities are exempt from the land disturbance permit requirements:
1. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources;
2. Existing nursery and agricultural operations conducted as a permitted main or accessory use;
3. Additions or modifications to existing single-family structures;
4. Land disturbance activity less than five hundred (500) square feet;
5. Residential gardening; and
6. City capital improvement projects, provided, that storm runoff control measures are included in the bid specifications and plans for the project.
E. Application And Fee For A Land Disturbance Permit:
1. An application for a land use disturbance permit, or for a waiver, shall be made on forms furnished by the division. A separate written application must be submitted when an addition or modification to the original application is proposed. The division shall review the application package to determine completeness of the application prior to acceptance of the application for processing. Incomplete applications shall be returned to the applicant. For complete applications, the division shall review the plan to determine compliance with the requirements of this chapter prior to approval. The application package shall serve as the basis for all subsequent construction.
2. Each application shall be accompanied by:
a. A stormwater pollution prevention plan as described in subsection 13.52.050E of this chapter; and
b. A stormwater system management plan as described in section 13.52.050 of this chapter, providing for stormwater system management during the land disturbing activity and after the activity has been completed.
3. A nonrefundable plan review fee shall be due and payable at the time the stormwater system management plan or application for waiver is submitted. This fee shall not exceed the actual cost of plan review and administration. A permit fee shall be established by the Mayor in a written policy, and shall be based upon the relative complexity of the project. The schedule of fees shall be published by the City.
F. Review And Approval Of Application:
1. The division will review each application for a land disturbance permit to determine its conformance with the provisions of this chapter. Within fourteen (14) working days after receiving the applications, the division shall provide one of the following responses in writing:
a. Approval of the permit application;
b. Approval of the permit application, subject to reasonable conditions as may be necessary to secure substantially the objectives of this chapter, and issue the permit subject to these conditions; or
c. Denial of the permit application, indicating the reason(s) for the denial.
2. If the division has granted conditional approval of the permit, the applicant shall submit a revised plan that conforms to the conditions established by the division. However, the applicant shall be allowed to proceed with the land disturbing activity so long as it conforms to conditions established by the division.
3. No development plans will be released until the land disturbance permit has been approved.
G. Permit Duration: Every land disturbance permit shall expire and become null and void if substantial work authorized by the permit has not commenced within one hundred eighty (180) calendar days of issuance, or is not complete within eighteen (18) months from the date of the commencement of construction.
H. Notice Of Construction: The applicant must notify the division in writing ten (10) working days in advance of the commencement of construction. The division shall conduct regular inspections of the stormwater system construction. All inspections shall be documented and written reports prepared that contain the following information:
1. The date and location of the inspection;
2. Whether construction is in compliance with the approved stormwater system management plan;
3. Variations from the approved construction specifications; and
4. Any violations that may exist.
I. Performance Bonds:
1. The division shall require the submittal of a performance security or performance bond prior to issuance of a permit in order to ensure that the structural BMP has been installed by the permit holder as required by the approved stormwater system management plan. The amount of the installation performance security or performance bond shall be the total estimated construction cost of the structural BMPs approved under the permit plus twenty five percent (25%) for any reasonably foreseeable additional related costs, e.g., for damages or enforcement. The performance security shall contain forfeiture provisions for failure to complete work specified in the stormwater system management plan. The applicant shall provide an itemized construction cost estimate complete with unit prices, which shall be subject to acceptance, amendment or rejection by the division. Alternatively, the division shall have the right to calculate the cost of construction cost estimates.
2. The performance security or performance bond shall be released in full only upon submission of as built plans and written certification by a registered professional engineer licensed to practice in Utah that the structural BMP has been installed in accordance with the approved plan and other applicable provisions of this chapter. The division shall make a final inspection of the structural BMP to ensure it is in compliance with the approved plan and the provisions of this chapter. Provisions for partial pro rata release of the performance security or performance bond based on the completion of various development stages can be made at the discretion of the division.
J. Permit Required: It is unlawful to commence work (disturb land) on a development site before obtaining a required land disturbance permit. (Ord. 17-40)