(a) General.
(1) Land disturbing activities of one acre or more shall comply with chapter 12 of the city’s engineering design standards.
(2) Individual lots within an approved subdivision or larger common plan of development or sale that have land disturbing activities of less than one acre shall comply with chapter 12 of the engineering design standards until they are classified as a minor impact construction site by this chapter.
(b) Minor impact construction site.
(1) Individual lots involving less than one acre of disturbed area in an approved subdivision or larger common plan of development or sale shall not be considered a separate construction project, but rather as a part of the subdivision development as a whole. The lots will be classified as minor impact construction sites if all the following conditions are met:
A. The subdivision or larger common plan of development or sale has been approved pursuant to this chapter;
B. A notice of intent has been submitted and the subdivision has coverage under a state general permit for storm water discharges associated with construction activity;
C. A state storm water permit for the approved subdivision is maintained for the subdivision until all of the following are met:
1. Substantial build-out of the property has been completed. The subdivision owner and developer shall determine whether to build-out the property by phase or entire subdivision. The subdivision owner and developer shall determine whether to meet the 90% build-out standard by lot or acreage. The subdivision owner and developer shall maintain documentation verifying how this build-out standard has been met prior to submitting a notice of termination of the general permit for storm water discharges associated with construction activity to the state department of environment and natural resources; and
2. Areas not build-out have been permanently stabilized.
D. The subdivision owner and developer has received approval of an erosion sediment control plan from the city;
E. The individual lot has been sold or transferred to a new owner; and
F. The property owner has executed the city’s notice of stabilization form or an approved alternate.
(2) A minor impact construction site shall comply with §§ 12.1.3.3, 12.1.3.3.1. and 12.1.3.3.2 of the city’s engineering design standards for public improvements. Any minor impact construction site in compliance with these three sections is exempt from all other provisions of chapter 12 of the engineering design standards for public improvements.
(c) Erosion and sediment control responsibilities.
(1) Throughout build-out, a subdivision owner and developer shall implement and maintain best management practices (BMP) and conditions of the approved erosion and sediment control plan to control erosion and sediment problems on all property that has not been sold to another party or does not meet the specific conditions listed in this section.
(2) Throughout build-out, a minor impact construction site owner and contractor shall implement and maintain the subdivision and individual lot BMP and conditions of the approved erosion and sediment control plan to control erosion and sediment problems on the individual lot that they own or upon which they build.
(1992 Code, App. A, § 15A.12.020) (Ord. 81-08, passed 7-7-2008)