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1. All persons who will be conducting any earth-disturbing activity, as defined in Paragraph 2, on any site in the City shall preserve and replace existing topsoil in an uncompacted manner.
2. All persons required by law or administrative rule to obtain an NPDES General Permit #2 from the IDNR, and persons who will be conducting any earth-disturbing activity on a site less than one acre in size if the earth-disturbing activities are part of a larger common plan of development that would disturb one acre or more, are required to obtain a CSR permit. Earth-disturbing activity means any activity that results in a movement of earth or a change in the existing soil cover (both vegetative and non-vegetative) or the existing topography. Earth-disturbing activity includes, but is not limited to, clearing, grading, filling, excavation, or addition or replacement of impervious surface.
3. Applications for CSR permits shall be made on forms approved by the City and which may be obtained from the City.
4. An application for a CSR permit shall pay fees as follows:
A. Prior to the issuance of a CSR permit in connection with a building permit on a platted lot, the applicant shall submit an application permit fee to the Department of Building Safety in an amount established by resolution of the Council. If more than three inspections are required by the terms of this chapter with respect to said permit, the applicant shall bear the cost of such inspections, which shall be the actual cost of the inspections by the City.
B. There shall be no permit fee required prior to the issuance of CSR permits other than those issued in connection with building permits on platted lots, but the applicant shall bear the cost of reviews and inspections required by the terms of this chapter with respect to said permits, which shall be the actual cost of the reviews and inspections by the City.
5. An applicant in possession of an NPDES General Permit #2 issued by the IDNR shall immediately submit to the City full copies of the materials described below as a basis for the City to determine whether to issue a CSR permit:
A. Applicant’s NPDES General Permit #2 notice of intent (NOI);
B. Applicant’s plans, specifications and materials in support of applicant’s application for the NPDES General Permit #2; and
C. A storm water pollution prevention plan (SWPPP) prepared in accordance with this chapter.
6. Every SWPPP submitted to the City in support of an application for a CSR permit shall:
A. Comply with all current minimum mandatory requirements for SWPPPs promulgated by the IDNR in connection with issuance of an NPDES General Permit #2;
B. Comply with all mandatory minimum requirements pertaining to the joint application form, “Protecting Iowa Waters,” filed with the IDNR and U.S. Army Corps of Engineers;
C. Comply with all other applicable local, State or Federal permit requirements in existence at the time of application; and
D. Include within the SWPPP a signed and dated certification by the person preparing the SWPPP that the SWPPP complies with all requirements of this chapter.
7. Every SWPPP submitted to the City in support of an application for a CSR permit shall contain the provisions of the General Permit #2, plus the following additional provisions. All SWPPPs shall:
A. Comply with Iowa Statewide Urban Design and Specifications (SUDAS) standard design criteria as amended.
B. Address that stockpiles of soil or other materials subject to erosion by wind or water are covered, vegetated, or otherwise effectively protected from erosion and sedimentation in accordance with the amount of time the material will be on site and the manner of its proposed use; no stockpiling is allowed in the street.
C. Assure that all temporary erosion and sediment controls shall be maintained until the City has determined that the site has been permanently stabilized.
D. Limit potential for damage to sensitive environmental areas such as water bodies, plant communities, rare, threatened and/or endangered species habitat, wildlife corridors, greenways, etc.
E. Provide for design and construction methods to stabilize steep or long continuous slopes.
F. Include measures to control sediment, and the quantity and quality of storm water leaving a site during and after construction.
G. Provide for stabilization of waterways and outlets directly impacted by permitted construction.
H. Protect storm sewer inlets and infrastructure from sediment loading/plugging.
I. Specify precautions to be taken to contain sediment when working in or crossing water bodies.
J. Account for stabilization of disturbed areas, including utility construction areas, as soon as possible.
K. Protect adjacent and outlying roads from sediment and mud from construction site activities, including tracking.
L. Provide for disposal of collected sediment and floating debris.
8. Issuance by the City of a CSR permit shall be a condition precedent for the issuance of a City building permit or site plan approval.
9. For so long as a construction site is subject to an NPDES General Permit #2 or a CSR permit, the applicant shall provide the City with current information as follows:
A. The name, address, and telephone number of the person on site designated by the owner who is knowledgeable and experienced in erosion and sediment control and who will oversee compliance with the NPDES General Permit #2 and the CSR permit.
B. The names, addresses, and telephone numbers of the contractors and/or subcontractors that will implement each erosion and sediment control measure identified in the SWPPP.
C. An on-site location for storage and retrieval of the current SWPPP.
Applicant’s failure to provide current information shall constitute a violation of this chapter.
10. If the applicant for the NPDES General Permit #2 and the CSR permit is not the same individual as the owner/builder on the site, then the applicant has the option to include the owner/builder as a co-permittee. Co-permittees have the same obligations and responsibilities as the original applicant. Absent written confirmation of transfer of responsibility signed by both the parties and provided to the City at the office of the enforcement official, the original applicant remains obligated and responsible for permit compliance on any parcel of the site, whether the parcel has been sold or not.
11. Upon receipt of an application for a CSR permit, the City shall either find that the application complies with this chapter and issue a CSR permit in accordance with this chapter, or that the application fails to comply with this chapter, in which case the City shall provide a written report identifying noncompliant elements of the application.
(Ord. 15-07 - Nov. 15 Supp.)
1. All inspections required under this chapter shall be conducted by a designated person from the City, hereinafter referred to as the “enforcement officer.”
2. The applicant shall notify the City when all measures required by applicant’s SWPPP have been accomplished on-site; whereupon, the City shall conduct an inspection for the purpose of determining compliance with this chapter and shall, within a reasonable time thereafter, report to the applicant either that compliance appears to have been achieved, or that compliance has not been achieved, in which case the City shall provide a written report identifying the conditions of noncompliance. The applicant shall immediately commence corrective action and shall complete such corrective action within a timeframe deemed reasonable by the City. Failure to take corrective action in a timely manner shall constitute a violation of this chapter.
3. Unless otherwise approved by the City, construction shall not occur on the site at any time when the City has identified conditions of noncompliance.
4. Unless approved by the City, construction activities undertaken by an applicant prior to resolution of all discrepancies specified in the written report shall constitute a violation of this chapter.
5. The City shall not be responsible for the direct or indirect consequences to the applicant or to third parties for noncompliant conditions undetected by inspection.
1. Upon issuance of a CSR permit, the applicant has an absolute duty to monitor site conditions and to report to the enforcement officer any change of circumstances or site conditions which the applicant knows or should know pose a risk of storm water discharge in a manner inconsistent with applicant’s SWPPP, NPDES General Permit #2 and/or CSR permit.
2. Such report shall be made by the applicant to the enforcement officer immediately upon knowledge of site condition changes, but in any event within 24 hours of the change of circumstances or site conditions.
3. Failure to make a timely report shall constitute a violation of this chapter.
4. Any third party may also report to the City site conditions which the third party reasonably believes pose a risk of storm water discharge in a manner inconsistent with applicant’s SWPPP, NPDES General Permit #2, and/or CSR permit.
5. Upon receiving a report pursuant to the previous subsections, the enforcement officer shall conduct an inspection of the site as soon as reasonably possible and thereafter may issue a written stop work order to the applicant, directing the applicant to take no further action with respect to the SWPPP, NPDES General Permit #2, and/or CSR permit, other than corrective action provided for herein. The enforcement officer shall provide the applicant with a written report identifying the conditions of noncompliance. The applicant shall immediately commence corrective action and shall complete such corrective action within a timeframe deemed reasonable by the City. Failure to take corrective action in a timely manner shall constitute a violation of this chapter, whereupon the enforcement officer shall immediately commence enforcement actions specified in subsection 6 of this section.
6. The enforcement officer shall conduct at least one unannounced inspection during the course of construction to monitor compliance with the NPDES General Permit #2 and the CSR permit. If the inspection discloses any noncompliance, the enforcement officer shall provide the applicant with a written report identifying the conditions of noncompliance. The applicant shall immediately commence corrective action and shall complete such corrective action within a timeframe deemed reasonable by the City. Failure to take corrective action in a timely manner shall constitute a violation of this chapter, whereupon the enforcement officer shall immediately commence enforcement actions specified in this subsection.
7. The City shall not be responsible for the direct or indirect consequences to the applicant or to third parties for noncompliant conditions undetected by inspection.
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