It shall be unlawful for any person (owner/contractor/developer) to do, or permit, authorize, allow or direct another person to do or fail to do when required, any of the following:
(A) Store any building material, construction equipment and/or equipment in any proposed or platted public right-of-way;
(B) Construct on any lot in the city prior to obtaining a cut and fill permit. In the review of the cut and fill permit, the City Engineer, or his or her designee, shall determine if a NOI/SWPPP is required by the owner/contractor/developer. If required, the NOT shall be submitted to the state’s Division of Water (DOW), and a copy of the NOI/SWPPP shall be delivered to the City Engineer’s office prior to the start of construction. The amount of time between the submittal of the NOI to the DOW and the allowable start of construction shall be as determined in the current KPDES permit. The erosion control procedures employed in the field shall be those necessary to prevent pollution, as specified in the current KPDES permit, the state’s Erosion Prevention and Sediment Control Field Guide and the state’s best management practices (BMPs) for controlling erosion, sediment and pollutant runoff from construction sites, and shall be maintained and updated as needed. The SWPPP shall be updated as often as necessary in order to accurately portray the erosion control systems in the field at all times. A copy of the NOI/SWPPP shall be kept on the job site and shall be made available to the City Engineer’s staff at all times. The NOT shall be submitted to the DOW upon completion of the construction project and final stabilization of the soil has taken place and is functional based on an on-site project closeout meeting with the City Engineer’s staff. A copy of the NOT shall also be submitted to the City Engineer’s office;
(C) If the NOI/SWPPP/NOT is deemed required by the City Engineer, it shall be unlawful to operate a construction site without employing a qualified inspector to inspect the entire site and maintain all inspection records as required by the current KPDES permit. All inspection reports shall be kept on site and shall be made available to the City Engineer’s representative at all times; and
(D) If any construction does not require the NOI/SWPPP/NOT, it shall be unlawful to fail to maintain all erosion control devices as per the public improvement specifications. These erosion control devices shall include, but are not limited to rock runouts, sediment transport control devices and all other best management practices as appropriate for the site conditions.
(Ord. 2011-07, passed 10-19-2011) Penalty, see § 54.99