§ 151.03 PERMITS.
   (A)   An erosion and sediment control permit shall be required for any land disturbing activity that would require the uncovering of 10.000 square feet (0.23 acre). No person shall be granted an erosion and sediment control permit for land-disturbing activity that would require the uncovering of 10,000 square feet (0.23 acre) or more without the approval of an erosion and sediment control plan by the city. All ongoing disturbances shall be required to comply with this chapter.
   (B)   No erosion and sediment control permit is required for the following activities:
      (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)   Coal extraction permitted by state regulatory agencies under KRS 201 and 405 KAR.
      (4)   Oil or gas well drilling, re-opening, or deepening properly permitted by state regulatory agencies under KRS Chapter 353.
   (C)   An application shall be submitted on a form provided by the city. Accompanying such form shall be a general plot plan which shall include the following information.
      (1)   General vicinity map;
      (2)   Property boundaries indicating extent and location of proposed grading activities, and major physical;
      (3)   Location and dimensions of buffer areas to be maintained or established, and location and description of proposed erosion control devices or structures;
      (4)   Identification and location of all trees that are to be retained and protected;
      (5)   As determined at the discretion of the Codes Enforcement Officer or his or her agent, other information as deemed appropriate may be required in instances related to geological hazard, shoreline protection, floodplain protection, tree protection and replacement or project scope;
      (6)   An application fee of one hundred dollars ($100.00) for the grading of one (1) acre or less, plus twenty-five dollars ($25.00) for each additional acre or portion thereof.
   (D)   Each application shall bear the name(s) and address(s) of the owner or developer of the site and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm and shall be accompanied by a filing fee.
   (E)   Each application shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the erosion and sediment control plan and that a qualified representative shall be on site on all days when construction or grading activity takes place.
   (F)   The applicant will be required to file with the city a faithful performance bond, letter of credit, or other improvement security in an amount deemed sufficient by the city to cover all costs of improvements, landscaping, maintenance of improvements for such period as specified by the city and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site.
(Ord. 0-2010-012, passed 7-12-10; Am. Ord. 0-2017-05, passed 3-13-17)