1. Land disturbing activities shall be conducted in compliance with any approved Storm Water Pollution Prevention Plan or Erosion and Sediment Control Plan issued for the site.
2. Land disturbing activities for any site for which a Storm Water Pollution Prevention Plan or an Erosion and Sediment Control Plan is not required shall be conducted only after appropriate erosion and sediment control measures, as described in the publication “Iowa Construction Site Erosion Control Manual,” have been put into place. The City Engineer or City Building Inspector shall make the publication available.
3. Land disturbing activities for any site shall not interfere, alter, or disturb permanently the approved grading plan for the site, the drainage ways on the property, or the storm water drainage or runoff channels.
4. The flow of water to, from or through any drainage ways, storm water drainage or runoff channels shall not be impeded by the placement or installation of any manmade or natural obstruction, including but not limited to fencing, sheds, raised gardens, retaining walls, plantings, sod or other vegetation.
5. Drainage easements and all lot line drainage ways must remain as-built during original subdivision construction. Alteration to drainage easements and ways may only be done with the approval of the City Engineer’s office. Written proof of drainage modification and approval shall be provided upon request by any City official.
6. The City may inspect the site to determine compliance with these regulations.
7. In the event that erosion or sediment migration or transport extends beyond the boundaries of the site, the property owner will be responsible for cleaning up all eroded sediment and restoring all affected areas and drainage ways to their original condition. This includes drainage ways, adjacent parcels, City, and other rights-of-way and shall include soil tracked onto any area by equipment.
8. Property owners shall be responsible for providing, installing, planting or seeding adequate ground cover following construction. If the area exposed by land disturbing activities is not covered with sod or other temporary and permanent material to prevent continuing erosion, the property owner must install silt fencing during any time period required for seeding or planting of other vegetation or installation of other permanent ground cover to control erosion.
9. Any land disturbing activity including any placement or installation of any manmade or natural obstructions within drainage easements and lot line drainage ways which was completed prior to January 1, 2011, will be allowed to remain in its present state as long as there is no verified problem caused by the non-compliant condition requiring correction pursuant to subsection 10 of this section. No additional land disturbing activity, nor any additional placement or installation of any obstructions will be permitted which are not in compliance with this section. In the event that the City or any other authorized user of the right-of-way, drainage easements and lot line drainage ways completes maintenance or excavation of any such area that is not in compliance with this section, the drainage easements and lot line drainage ways must be restored in compliance with this section and may not be restored to the pre-existing non-compliant condition. Property owners of areas which are not in compliance with this section will bear all costs for removal, loss, or damage to installations of obstructions within drainage easements and lot line drainage ways which are not in compliance with this section in the event that maintenance, excavation, or restoration of original drainage is required.
10. When a property owner makes a complaint about drainage issues on their property alleged to be caused by another property owner’s land disturbing activity or drainage conditions which are in violation of this section, the complaint will be directed to City staff for conference with the property owner and initial review. If necessary, City staff will direct the City Engineer to investigate and make a recommendation as to the remedy required to restore drainage easements and lot line drainage ways for proper function in compliance with this section. The City Engineer will also provide an invoice for services performed in investigating the matter and providing recommendation for remedy. If the City Engineer finds that the cause of the drainage problem is due to land disturbing activity which is not in compliance with this section, the non-compliant property owner or other responsible party will be responsible for the fees of the City Engineer and for the costs of restoring the drainage easements and lot line drainage ways to a compliant condition. If the City Engineer determines that the drainage issue is not caused by another property owner’s land disturbing activity or alleged non-compliance, the complaining party will be responsible for the City Engineer’s fee and for any changes necessary to address the complaining party’s drainage issue.
(Ord. 571 – Jan. 12 Supp.)