For any person or entity not required to obtain a State NPDES General Permit No. 2 from the IDNR, the following requirements apply:
1. Except as provided in this chapter, no person shall engage in land disturbing activities upon any site located within the City unless an Erosion and Sediment Control Plan has been approved by the City Engineer or City Building Inspector. An Erosion and Sediment Control Plan shall indicate materials, construction phasing, grading activities, and methods used to control erosion and sediment transport and shall be certified by a design professional qualified to complete such plans. As part of the process for obtaining a building permit or a preliminary plat of a subdivision, any person or entity that is not required to obtain a State NPDES General Permit No. 2 from the IDNR shall submit an Erosion and Sediment Control Plan for the site which meets design standard requirements to the City Building Inspector or City Engineer for review and approval.
2. The following activities are exempt from the requirements of this chapter:
A. Agricultural use of land.
B. Cemetery graves.
C. Emergencies posing an immediate danger to life or property, or substantial flood or fire hazards.
3. Development sites which do not require a State NPDES General Permit No. 2 shall fall into one of two categories as determined by the City Building Inspector or City Engineer upon review of the area of disturbance for the project:
A. Sites with a disturbed area less than one acre (43,560 square feet) shall not require review and approval of an Erosion and Sediment Control Plan. However, a property owner of such a site is required to plan and implement appropriate erosion control measures, as described in the publication “Iowa Construction Site Erosion Control Manual,” before commencing land disturbing activities and as a requirement for obtaining a building permit. The City Engineer or City Building Inspector shall make the publication available. The City Engineer or City Building Inspector may require a property owner to submit for approval an Erosion and Sediment Control Plan for sites with a disturbed area of less than one acre in cases warranted by site conditions.
B. Sites with a disturbed area greater than or equal to one acre (43,560 square feet) shall require review and approval of an Erosion and Sediment Control Plan certified by an appropriate design professional as part of the process for obtaining a building permit for a building construction project or as part of the subdivision plan approval for subdivisions.
4. All Erosion and Sediment Control Plans for sites with a disturbed area greater than or equal to one acre shall be reviewed and approved by the City Building Inspector or City Engineer prior to issuance of a building permit or submission of a preliminary plat of a subdivision and prior to the property owner or developer commencing land disturbing activities.