(A) This chapter shall apply to all activities leading to land disturbance or land filling activities or to soil storage when the disturbed area is a portion of a parcel of land 1 acre or larger in size. This chapter shall apply to parcels of land less than 1 acre in size, if the land disturbance, land filling or soil storage impacting the parcel is part of a larger development that effects 1 acre or more.
(1) Land disturbances, land filling, or soil storage activities which do not require approved plans or permits under this chapter must still provide BMPs.
(2) Anyone conducting land disturbance, land filling or soil storage activities which may impact any surface intended for vehicular traffic shall provide vehicle sediment tracking control (VSTC).
(3) Areas with sediment runoff will require protective measures at the direction of the City of North Platte Engineering Department in order to minimize pollution to the storm sewer system.
(4) Minimum requirements for other activities covered by this chapter may be obtained by written request to the City North Platte Engineering Department accompanied by an adequate description of proposed location and activities.
(5) Land disturbing activity shall include land changes which may result in soil erosion from water or wind or the movement of sediments into state waters or onto lands of the state, including but not limited to, clearing, grading, excavating, transporting and filling of land, except as follows:
(a) Installation, maintenance, or repair of any underground public utility lines when such activity occurs on an existing hard-surfaced road, street or sidewalk, provided such land disturbing activity is confined to the area of the road, street, or sidewalk which is hard-surfaced.
(b) Surface or deep mining.
(c) Minor land-disturbing activities such as gardens.
(d) Emergency work to protect life, limb and property.
(e) Agricultural activities in areas zoned for such agricultural activity.
(B) Person shall mean any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, or other legal entity.
(C) Applications for city CCSESC permits shall be made on forms approved by the city which may be obtained from the office of the City Building Inspector.
(D) An applicant shall submit to the city full copies of the materials described below as a basis for the city to determine whether to issue a city CCSESC permit:
(1) Applicant's plans, specifications and supporting materials.
(2) A stormwater pollution prevention plan (SWPPP) prepared in accordance with this chapter.
(3) Every SWPPP submitted to the city in support of an application for a city CCSESC permit shall comply with all current minimum mandatory requirements for SWPPPs promulgated by the NDEQ and shall be prepared by a professional in erosion and sediment control credentialed in a manner acceptable to the city and shall 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.
(4) An application for a city CCSESC permit shall comply with the Nebraska Department of Roads Design and Specifications standard design criteria, other acceptable design criteria including but not limited to design, location, and phased implementation of effective, practicable stormwater pollution prevention measures, and shall also:
(a) Identify the nature of the construction activity and the potential for sediment and other pollutant discharges from the site;
(b) Assure 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) Identify measures and procedures to reasonably minimize site soil compaction and provide soil quality restoration as specified; and assure that all temporary erosion and sediment controls shall not be removed until the city has determined that the site has been permanently stabilized;
(d) Assure that all undeveloped disturbed sites be permanently stabilized with 70% perennial cover as measured by the USDA line transect method;
(e) Identify methods to prevent sediment damage to adjacent properties;
(f) Provide for design and construction methods to stabilize steep or long continuous slopes; steep slopes shall mean those which have a rise/rim of less than 2.5/1; long slopes shall mean those which have an unimpeded slope distance of 40 feet or more;
(g) Include measures to control the quantity and quality of stormwater leaving a site before, during and after construction including adequate control of an increase in the amount and duration of stormwater run-off to adjacent properties;
(h) Provide for stabilization of all waterways and outlets;
(i) Provide for protection of storm sewer infrastructure from sediment loading/plugging;
(j) Specify precautions to be taken to contain sediment when working in or crossing water bodies;
(k) Assure stabilization of disturbed areas, including utility construction areas, as soon as possible; and protect outlying roads from sediment and mud from construction site activities, including tracking;
(l) Provide precautions such as vehicle sediment control at construction entrances and exits. Assure that if mud is tracked onto a street, it will not be washed into storm drains unless the storm drain is diverted to an approved sediment trapping device;
(m) Provide for disposal of collected sediment and floating debris;
(n) Assure that when working near sensitive waters, the specific practices itemized immediately below are utilized:
1. During construction: all exposed soil areas with a slope steeper than 3:1 that have a continuous positive slope to a sensitive water, will have temporary erosion protection or permanent cover within 7 days after the area is no longer actively being worked; all other slopes that have a continuous positive slope to a sensitive water shall have temporary erosion protection or permanent cover within 14 days after the area is no longer actively being worked; and
2. Temporary sediment basin requirements shall be used for common drainage locations that serve an area with 5 or more acres disturbed at 1 time.
(E) Issuance by the city of a city CCSESC permit shall be a condition precedent for the issuance of a city building permit or site plan approval.
(F) For so long as a construction site is subject to a city CCSESC permit, the applicant shall provide the city with current information as follows:
(1) 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 city CCSESC permit;
(2) The name(s), address(es) and telephone number(s) of the contractor(s) and/or subcontractor(s) that will implement each erosion and sediment control measure identified in the SWPPP;
(3) Applicants' failure to provide current information shall constitute a violation of this chapter.
(G) Developers can transfer the city CCSESC permit responsibility to homebuilders, new lot owners, contractors and subcontractors, with the written consent of the city and transferees must agree to the transfer in writing, must agree to fulfill all obligations of the SWPPP, and the city CCSESC permit. Absent consent from city and written confirmation of transfer of obligations, the developer remains responsible for compliance on any lot that has been sold.
(H) Upon receipt of an application for a city CCSESC permit, the city shall either find that the application complies with this chapter and issue a city CCSESC permit in accordance with this chapter or that the application fails to comply with this chapter, in which case the city shall provide a bill of particulars identifying non-compliant elements of the application.
(I) Application for termination of a city CCSESC permit shall be made in the following manner:
(1) A CCSESC permit may be terminated at any time by city, upon written notice to the applicant; or
(2) Upon written request by permit holder and written termination by city if all requirements of this chapter have been satisfied.
(Ord. 3736, passed 10-21-2008)