(a) The intent of this chapter is to protect the land and water resources of the City by establishing standards to achieve a level of soil erosion and stormwater control that will minimize and abate degradation of land and water resources and damage to public and private property resulting from earth disturbing activities. Definitions for this section are as defined previously in Section 1111.06, Definitions. In addition this regulation further intends to:
(1) Assure that those involved in earth disturbing activities minimize both soil erosion and the volume and rate of stormwater runoff from their sites.
(2) Preserve to the extent practicable the natural drainage characteristics of the site and minimize the need to construct, repair, and/or replace enclosed, subsurface storm drain systems.
(3) Assure that stormwater controls are incorporated into site planning and design at the earliest possible stage and that all stormwater management practices are properly designed, constructed, and maintained.
(4) Prevent unnecessary stripping of vegetation and loss of soil and to require prompt re-vegetation and stabilization to the site following earth disturbing activities.
(5) Reduce the need for costly maintenance and repairs to roads, embankments, ditches, water resources, wetlands, and stormwater management practices.
(6) Encourage the construction of stormwater management practices that serve multiple purposes such as flood control, erosion control, fire protection, water quality protection, recreation, and habitat preservation.
(7) Preserve to the maximum extent practicable natural infiltration and groundwater recharge.
(b) Any person or persons proposing to develop or redevelop land within the City for any of the uses listed in these Subdivision Regulations shall design, develop, and submit a Site Development Plan. Said plan will be evaluated to determine the potential for erosion, runoff, and sedimentation impact that may result from such development activities and the need for submission of a Stormwater Management Plan (SMP) to minimize these impacts.
(c) This Section shall apply to both the development and redevelopment of land proposed for the following:
(1) Residential, institutional, commercial, office, and industrial purposes, including subdivision and land development proposals for non agricultural uses in rural areas.
(2) Recreational facilities, non-agricultural water impoundments and waterway construction or improvement.
(3) Public infrastructure uses, including transportation and utilities.
(4) Any earth disturbing activity within critical and sensitive natural areas, including floodplains, highly erodible lands (HEL) and wetlands.
(d) This Section does not apply to earth disturbing activities associated with agricultural activities.
(e) No earth disturbing activity subject to regulation under this Section shall be undertaken for any land proposed for development or redevelopment for uses in these Subdivision Regulations without an approved Site Development Plan, and, if appropriate, a Stormwater Management Plan (SMP).
(f) Final approval of a proposed development or redevelopment shall not be given unless:
(1) A determination is made by the City's Authorized Agent based on submission of a Site Development Plan that the proposed earth disturbing activity will not cause accelerated runoff, erosion, and/or sediment impacts harmful to the quality of off-site lands and waters, or
(2) An SMP has been approved by the City based on the recommendation of its Authorized Agent that the proposed earth disturbing activity will not cause accelerated runoff, erosion, and/or sediment impacts harmful to the quality of off-site lands and waters.
(g) Any person or persons seeking approval for an earth disturbing activity listed below shall prepare an SMP.
(1) Activities disturbing greater than or equal to one (1) acre, or less than one (1) acre, if part of a larger common plan of development or sale.
(2) Activities that require the extension of public utilities (such as roadways, water mains, sanitary sewer mains, or storm sewers).
(3) Activities that will modify an existing or approved drainage way, drainage structure, or drainage easement.
(4) Activities that will channelize, straighten, or modify a watercourse within the identified 100-year floodplain (studied and unstudied).
(h) Any person seeking approval to construct a structure shall be exempted from having to prepare a Site Development Plan and an SMP provided they meet all of the following:
(1) Construction takes place on one parcel;
(2) Any earth disturbing activity will not affect more than one (1) acre of the development site at a time;
(3) The structure is not located within 100 feet of a sensitive natural area;
(4) Any earth disturbing activity will not modify the general existing site drainage pattern, drainage structure, drainage tiles, or drainage easements; and
(5) One of the following:
A. Specifications are obtained and followed for controlling potential off-site stormwater and erosion impacts from small lot building sites as required by the City's Authorized Agent, or
B. The parcel is part of an overall development plan which has received approval of an SMP and the developer certifies that they will comply with said Plan.
(i) An exemption as defined above does not exempt any person from the other provisions of this Section or liability for their activities.
(Ord. 73-2021. Passed 1-18-22.)