1. All persons who will be conducting any land-disturbing activity, as defined in Section 156.04, on any site in the City shall preserve and replace existing topsoil in an uncompacted manner.
2. This chapter is applicable to all land-disturbing activities greater than one acre or part of a larger common plan of development. In addition, this chapter also applies to all applications for site plans or subdivisions that are less than one acre, and are commercial, industrial, or multi-family residential uses as defined by the City’s Zoning Code, unless requirements of this chapter have been met through approved use of an off-site location.
3. Any development within a preliminary or final plat approved prior to the adoption of the ordinance codified in this chapter shall be deemed exempt from the requirements of this chapter, and re-subdivisions of lots within the approved platted area shall also be deemed exempt. Amendments to plats approved prior to the adoption of such ordinance shall conform to this chapter unless the amendments are determined by the City Administrator to be minor in nature.
4. For developments where the runoff from up to and including the 100-year storm event can be conveyed directly to Muddy Creek without adverse impact to intervening property, no overbank flood protection control is required. This is provided that it can be shown by hydrograph analysis that the runoff from the development will arrive at Muddy Creek sufficiently ahead of the peak flow of the Muddy Creek so as not to increase the peak flow of said creek. Water quality volume, channel protection volume, and treatment are not exempt.
5. The following activities are exempt from this chapter:
A. Any logging or agricultural activity which is consistent with an approved soil conservation plan or a timber management plan approved by an appropriate agency.
B. Additions or modifications to single-family homes.
C. Repairs to any storm water BMPs deemed necessary by the City.
(Ord. 15-07 - Nov. 15 Supp.)