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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CLEARING. Any activity that removes or causes the removal of the vegetative surface cover.
CONSTRUCTION. The act of building, grading, shaping, removing, demolishing, repairing, erecting, extending, installing equipment on/in, or enlarging any building, structure, grounds or premises.
CONSTRUCTION SITE. A parcel of land or a contiguous combination thereof where land disturbing activity occurs.
DRAINAGE WAY. Any channel that conveys surface runoff throughout the construction site.
EROSION. The wearing-away of land surface by natural or artificial forces such as wind, water, ice, gravity or vehicle traffic.
EROSION AND SEDIMENT CONTROL PLAN (ESCP). A set of plans indicating the specific measures and sequencing to be used to control erosion and sediment on a construction site.
EROSION CONTROL. A measure that is designed to prevent erosion.
GRADING. The cutting and/or filling of the land surface to a desired slope, elevation or contour.
IMPERVIOUS AREA. An area composed of any material which impedes or prevents the natural infiltration of water into the soil, including, but not limited to, concrete, asphalt and roof surfaces.
LAND DISTURBING ACTIVITY (LDA). Any activity that results in the movement or manipulation of soil, rock or other earth materials. This includes, but is not limited to, clearing and grubbing, grading, excavation, filling, embankment construction, road grading, ditch cleaning, mineral extraction, commercial timbering, initial landscape preparation and stockpiling of earth materials. The activities set forth in § 51.34(B) are exempt from the definition of LAND DISTURBING ACTIVITY for purposes of this subchapter.
PERIMETER CONTROL. A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
PERSON. Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner’s agent.
PHASING. Disturbing a parcel of land in distinct phases, with the stabilization of each phase completed before disturbance of the next phase.
SEDIMENT. Soil, sand, silt and minerals washed from land into water.
SEDIMENT CONTROL. Measures that prevent eroded sediment from leaving a construction site.
STABILIZATION. The use of practices that prevent exposed soil from eroding.
START OF CONSTRUCTION. The first land disturbing activity associated with a construction project.
STORMWATER COMPLIANCE OFFICER or COMPLIANCE OFFICER. An employee of the city’s Public Works Department designated by the city to administer, implement and enforce this subchapter.
WATERCOURSE. A body of water flowing in a reasonably defined channel with a bed and banks.
WATERWAY. A channel that directs surface runoff to a watercourse or to the MS4.
(Ord. passed 10-4-2016)
This subchapter shall apply to all construction projects located within the city that involve land disturbing activity (LDA) exceeding 5,000 square feet, or an increase in impervious area by 1,000 square feet or greater unless exempted by § 51.34(B).
(Ord. passed 10-4-2016)
(A) Any person applying for a city building permit that proposes a construction project involving LDA exceeding 5,000 square feet, or an increase in impervious area by 1,000 square feet or greater, is required to obtain approval for such LDA from the city’s Building Department’s office. Requests for approval shall be made at the time of application for a building permit; provided, however, that a building permit shall not be issued in the absence of prior approval of LDA by the Public Works Department’s office.
(B) Notwithstanding division (A) above, approval for LDA shall not be required for the following activities:
(1) Interior renovations;
(2) Roof repair;
(3) Building facade maintenance;
(4) Milling and repaving of existing asphalt or concrete streets, parking lots or sidewalks;
(5) Maintenance of existing landscaping or gardens;
(6) Cutting of trees and brush (provided the area remains vegetated and no grubbing of root system occurs); and
(7) Maintenance of pervious sports fields such as replacement of the clay surface to baseball infields, turf plugging of golf fairways and greens.
(Ord. passed 10-4-2016)
(A) Any person requesting approval of LDA is required to submit an erosion and sediment control plan (ESCP) to the city’s Building Department as part of the building permit application for review and approval by the city’s Building Department’s office. The ESCP shall comply with the provisions set forth in the city’s Stormwater Management Guidance Manual regarding Erosion and Sediment Control Measures. The Stormwater Management Guidance Manual will be available to the public on the city’s website, as well as on file at the city’s Public Works Department and the city’s Building Department offices.
(B) All control measures set forth in an approved ESCP shall be followed and maintained at all times during the construction project unless modified with the approval of the Public Works Department’s office. Any significant modifications to an ESCP must be approved by the Public Works Director’s office via written authorization to the permittee. Minor modifications to the ESCP may be approved by the Public Works Department’s office at the construction site.
(C) A copy of the approved ESCP shall be kept on the construction site during all stages of a construction project and shall be made available for review upon request by a Compliance Officer.
(Ord. passed 10-4-2016)
(A) Grading, erosion control practices, sediment control practices and waterway crossings shall meet the design criteria set forth in the most recent version of the city’s Stormwater Management Guidance Manual and shall be adequate to prevent transportation of sediment from the construction site to the satisfaction of the Public Works Department’s office.
(B) Clearing and grading of natural resources, such as protected habitats and wetlands, shall not be permitted, except when in compliance with the Stormwater Management Guidance Manual.
(C) Clearing, except to the extent necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.
(D) Minimum erosion control requirements shall include:
(1) Temporary seeding must be applied if the construction site is idle for more than 21 days;
(2) Special techniques that meet the design criteria outlined in the Stormwater Management Guidance Manual on steep slopes or in drainage ways shall be used to ensure stabilization;
(3) Soil stockpiles must be stabilized or covered at all times;
(4) The entire construction site must be stabilized at the close of the construction season, which may include, but is not limited to, temporary seeding, mulching and the use of erosion controls;
(5) Techniques shall be employed to prevent the transportation of dust or sediment from the construction site; and
(6) Techniques shall be employed to divert upstream runoff away from LDA without causing any additional erosion.
(E) Minimum sediment control requirements shall include sediment basins, sediment traps and/or perimeter controls.
(F) Minimum waterway and watercourse protection requirements shall include:
(1) Approval of a waterway or watercourse crossing by all applicable federal and state agencies having jurisdiction, which may include, but is not limited to, the state’s Department of Natural Resources, United States Army Corps of Engineers and the United States Environmental Protection Agency;
(2) Stabilization of a watercourse before, during and after any in-channel work;
(3) All on-site stormwater conveyance channels designed according to the criteria outlined in the Stormwater Management Guidance Manual; and
(4) Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels.
(G) Construction site access requirements shall include establishment and maintenance of a stabilized construction site entrance as outlined in the Stormwater Management Guidance Manual.
(Ord. passed 10-4-2016)
The Public Works Department’s office shall review each request for approval of LDA and the corresponding ESCP to determine conformance with the requirements of this subchapter. Within ten days after receiving a building permit application and corresponding ESCP, the Public Works Department’s office shall, in writing:
(A) Approve the requested LDA and corresponding ESCP;
(B) Approve the requested LDA and corresponding ESCP subject to conditions as may be necessary to satisfy the objectives of this subchapter; or
(C) Deny the requested LDA and corresponding ESCP, indicating the reason(s) for denial and the procedure for submitting a revised ESCP, if appropriate.
(Ord. passed 10-4-2016)
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