(A) General. Except as expressly authorized in this section, no development, as that term is defined in this Code, can occur or be undertaken within the City of Sunset Valley or its extraterritorial jurisdiction unless a watershed development permit has been issued in conformity with the provisions of this chapter.
(B) Residential construction. For the construction of a single family development that proposes residential lots of no less than five acres per lot and is appropriately restricted to that residential density, a watershed development permit is required, however, no water quality controls are required, provided the owner and/or developer of the property complies with the impervious cover requirements set forth in this chapter and with the building and site development requirements imposed by this or other applicable provisions of this Code and city ordinances.
(C) Capital improvement projects. For the construction of capital improvement projects for roadways, a watershed development permit is required, however, the impervious cover calculations addressed in this chapter do not apply.
(D) Minor fill activities.
(1) No watershed development permit shall be required for minor fill activities involving the deposit of no more than ten cubic yards of fill on property within the city or its extraterritorial jurisdiction, provided that no part of such fill shall be or is to be deposited on land located within the critical water quality zone, the water quality transition zone or a drainage easement. If any part of such fill is to be deposited on any land so located, a watershed development permit must be applied for and issued and the requirements of this chapter must be complied with in full.
(2) If the city has reason to believe that more than ten cubic yards of fill is being deposited within the critical water quality zone, water quality transition zone or a drainage easement, without a permit therefore, the city shall issue a stop work order to both the property owner and the person depositing the fill. No additional fill shall be deposited or further work done in connection with the project until either a development fill permit is obtained pursuant to division (D)(3) of this section, or a watershed development permit is obtained in accordance with and as required by the provisions of this chapter.
(3) Any developer, property owner or other person wishing to deposit more than ten but fewer than 50 cubic yards of fill on a lot or legal lot that is one acre or less within the city or its extraterritorial jurisdiction shall first secure a development minor fill permit. The application for the development minor fill permit shall be on such form as may be provided by the city, and shall be reviewed by the City Administrator or his/her designee, who shall determine whether the proposed project qualifies as a minor fill activity. Such determination shall be based upon the information contained in the application and such other information as the city may reasonably require. Due consideration shall be given to such factors as the use and proposed location of the fill, the nature, number, location and frequency of prior deposits of fill on the property, the location and topography of property on which the fill is proposed to be deposited, and the impact of the deposit on the environment and the public health, safety and welfare. If the proposed project is found to qualify as a minor fill activity, a development minor fill permit shall be issued, subject to such conditions as the city may reasonably impose. No permit fees and no city inspections shall be required in connection with the issuance of the permit.
(4) For lot or legal lot larger than one acre, a developer, property owner or other person wishing to deposit more than ten but fewer than 50 cubic yards of fill per acre included in such lot or legal lot within the city or its extraterritorial jurisdiction shall first secure a development minor fill permit. The application for the development minor fill permit shall be on such form as may be provided by the city, and shall be reviewed by the City Administrator or his/her designee, who shall determine whether the proposed project qualifies as a minor fill activity. Such determination shall be based upon the information contained in the application and such other information as the city may reasonably require. Due consideration shall be given to such factors as the use and proposed location of the fill, the nature, number, location and frequency of prior deposits of fill on the property, the location and topography of property on which the fill is proposed to be deposited, and the impact of the deposit on the environment and the public health, safety and welfare. If the proposed project is found to qualify as a minor fill activity, a development minor fill permit shall be issued, subject to such conditions as the city may reasonably impose. No permit fees and no city inspections shall be required in connection with the issuance of the permit.
(5) If the City Administrator determines, in accordance with the guidelines set forth in divisions (D)(3) or (4) of this section, that the proposed project does not qualify as a minor fill activity, the permit applicant shall be notified of such determination in writing, and advised that he or she may not engage in or proceed with the proposed fill activity without first complying with all provisions of this chapter relevant to the securing of watershed development permits and the requirements for the issuance of said permits.
(6) The applicant may appeal the determination of the City Administrator that the proposed project does not qualify as a minor fill activity by filing written notice of appeal with the City Secretary within ten business days of receipt of the notice referred to in division (D)(5) of this section. The City Council shall consider the appeal as soon as practicable, and shall either affirm, modify or overrule the determination. The decision of the City Council shall be based on the maximum volume of fill allowed pursuant to this section, and the factors to be considered pursuant to divisions (D)(3) or (4), as applicable.
(7) With respect to any minor fill proposed to be deposited pursuant to this section, the applicant shall submit to the city the identity of the source of any fill material to be deposited and the certification of the owner of such fill that same does not contain any hazardous or toxic substances or materials.
(E) Signage. Signs or three-dimensional lettering, logos, designs or symbols that contribute less than eight square feet of impervious cover and that do not collect or divert significant amounts of rainfall or runoff or contribute in any significant way to water pollution or degradation are wholly exempt from the operation of this chapter.
(F) Mailboxes. Structures devoted entirely for use as mailboxes are wholly exempt from the operation of this chapter provided the structure does not significantly affect drainage or contribute in any significant way to water pollution or degradation.
(G) Fences. Fences are wholly exempt from the operation of this chapter provided the fence does not significantly affect drainage or contribute in any significant way to water pollution or degradation.
(H) Pre-existing structures.
(1) Gardening and landscaping of lots containing pre-existing structures are wholly exempt from the operation of this chapter so long as such activities do not have significant impacts on drainage and do not contribute in any significant way to water pollution or degradation.
(2) Remodeling, alteration, or repair of existing structures is not subject to the operation of this chapter so long as such remodeling, alteration or repair does not increase impervious cover and so long as such activities do not have significant impacts on drainage and do not contribute in any significant way to water pollution or degradation.
(3) Demolition activities are not subject to the operation of this chapter so long as such demolition does not involve sinkholes or other critical environmental features, have significant impacts on drainage and does not contribute in any significant way to water pollution or degradation.
(4) The extension of water or wastewater lines to single family homes is not subject to this chapter so long as such extensions do not extend through creeks, sinkholes or other critical environmental features or do not contribute in any significant way to water pollution or degradation.
(I) Sprinkler system. No watershed permit is required for the installation or repair of residential irrigation or sprinkler systems so long as such installation or repair does not have significant impacts on drainage and does not contribute in any significant way to water pollution or degradation.