(A) General provisions. This section sets forth requirements applicable to watershed development applications and permits for deposits of fill unrelated to on-site construction activities. For purposes of this section, the deposit of fill is unrelated to on-site construction activities if the construction or substantial modification of the building, structure, roadway or utility in connection with which the fill is deposited is not sequenced to begin within 60 days prior to or after the deposit of the fill.
(B) Application requirements.
(1) Designate where the fill is proposed to be deposited;
(2) Identify the quantity of the fill to be deposited;
(3) Identify the source and type of the fill to be deposited;
(4) Be signed by the contractor or other person responsible for the transport of the fill and the owner of the property on which the fill is to be deposited.
(C) Cash deposit. A cash deposit shall be tendered to the city prior to the issuance of a permit for any fill activity subject to the provisions of this section. The amount of the cash deposit shall be based upon the City Engineer's estimate of the following:
(1) The cost of hiring a gatekeeper to monitor compliance with the terms of the permit relevant to the source and quantity of the fill;
(2) The cost of removing the fill if same is not deposited in accordance with the terms of the permit;
(3) The cost of grading and/or revegetating the fill site if same is not done in accordance with the terms of the permit; and
(4) Reasonable administrative costs incurred by the city in connection with the foregoing.
(D) Permit terms. Upon the applicant's tender of the cash deposit, and compliance with the provisions of this chapter, the City Council may issue the watershed development permit. The permit shall specify the duties of the gatekeeper, the location at which the fill shall be deposited, the quantity of the fill that shall be deposited, the source of the fill to be deposited, how the fill site is to be graded, how the fill site is to be revegetated, and the dates by which such grading and revegetation must be completed. Unless authorized by the City Council, all grading shall be completed within 30 days of the deposit of the authorized fill, and revegetation of the fill site within 30 days thereafter.
(E) Inspections and notice to correct. The city shall have the right to enter upon the property and inspect the fill site. If the city determines that the terms of the permit are being or have been violated, the city shall issue a written stop work order, and/or a written notice to correct the violation(s). The notice to correct shall be served upon the owner and the contractor and shall identify the violations and specify the corrective action to be taken and the time within which same must be completed. The notice shall also advise that if the corrective action is not completed as directed, the city will draw upon the cash deposit and perform or cause to be performed the required corrective action.
(F) Appeals. The owner and/or contractor may appeal the city's determination that the terms of the permit have been violated by filing a written notice of appeal with the City Secretary within ten business days of receipt of the notice to correct. The City Council shall consider said appeal as soon as practicable. If the City Council determines that any condition of the permit has been violated, it may proceed to draw upon the cash deposit and perform or cause to be performed the required corrective action.
(G) Draw on deposit. If no appeal is taken in accordance with and as authorized by division (F), and the required corrective action is not completed as and within the time directed, the city may draw upon the cash deposit and perform or cause to be performed the required corrective action.
(H) Refund of deposit balance. Upon final inspection and the city's determination that the terms of the permit have been satisfied, the city shall refund the balance of the cash deposit that remains after deductions therefrom have been made to pay the expenses of the gatekeeper, the costs incurred by the city in connection with its performance of any required corrective action and the city's reasonable administrative costs incurred in connection with the foregoing.