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(A) A separate application shall be required for each soil erosion and sedimentation control permit. Plans, specifications and timing schedules shall be submitted with each application for a permit. The plans shall be prepared or approved and signed by a registered professional engineer, architect, landscape architect or other person, who has experience in soil erosion and sedimentation control.
(B) The plans and specifications accompanying the soil erosion and sedimentation control permit application shall contain the following data:
(1) A legal description of the site on which the work is to be performed;
(2) A site plan at a scale of one inch to 200 feet of the site location and adjacent properties within 500 feet of the site property lines;
(3) A soil survey or written description of the soil types of the exposed land area proposed for the earth change; and
(4) A detailed plan of the site at a scale of not more than one inch equals 100 feet prepared by a licensed land surveyor in the state showing:
(a) Name, address and telephone number of the owner, developer and petitioner;
(b) A description and the location of the physical limits of each proposed earth change;
(c) A timing schedule indicating the anticipated starting and completion dates of the development sequence and the time of exposure of each area prior to the completion of effective erosion and sediment control measures;
(d) A certified statement of the quantity of excavation and fill involved;
(e) Existing and proposed topography at a maximum of five-foot contour intervals;
(f) Location of any structure or natural feature on the site and on the land adjacent to the site and within 50 feet of the site boundary line;
(g) Location of any proposed additional structures or development on the site;
(h) The location and description for installing and removing all proposed temporary soil erosion and sedimentation control measures;
(i) A description and location of fall proposed permanent soil erosion and sedimentation control measures;
(j) Elevations, dimensions, location, extent and the slope of all proposed earth changes (including building and driveway grades);
(k) The estimated total cost of the required temporary and permanent soil erosion control measure;
(l) Plans of all existing and proposed de-watering facilities and drainage provisions, retaining walls, cribbing, planting, anti-erosion devices or other temporary or permanent soil erosion control measures to be constructed in connection with, or as a part of, the proposed work, together with a map showing the drainage area of land tributary to the site and estimated runoff of the area served by any drains;
(m) A proposed program for continuous maintenances of all permanent soil erosion and sedimentation control measures that remain after project completion and designation of party responsibility for the maintenance. Continuous maintenance shall be part of any sales agreement or transfer of the property; and
(n) Other information or data as may be required by the City Engineer such as a soil investigation report which shall include, but not be limited to, data regarding the nature, distribution and supporting ability of existing soils and rock on the site.
(C) The municipal enforcing agency shall approve or disapprove an application for a soil erosion and sedimentation control permit within 30 days of the filing of a complete application.
(D) All modifications or revisions to the approved plans, and any substantiating reports, shall be submitted and approved by the municipal enforcing agency prior to the implementation of such modifications or revisions.
(Prior Code, § 16-32) (Ord. 1311, passed 3-16-2009)
At the time of filing an application for a soil erosion and sedimentation control permit a non-refundable fee will be charged for plan review and site inspections. This fee will be determined by resolution by the City Council and amended from time to time as recommended by the City Engineer.
(Prior Code, § 16-33) (Ord. 1311, passed 3-16-2009)
Soil erosion and sedimentation control permits shall not be issued where:
(A) The proposed work would cause hazards to the public safety and welfare;
(B) The work as proposed by the applicant will damage any public or private property or interfere with any existing drainage course in such a manner as to cause damage to any adjacent property or result in the deposition of debris or sediment on any public way or into any waterway or create an unreasonable hazard to person or property;
(C) The land area for which the earth change is proposed is subject to geological hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce settlement, slope instability or any other such hazard to persons or property; or
(D) The land area for which the earth change is proposed may lie within the flood plain of any stream or watercourse (not specifically designated and delineated by the city as an area subject to floor hazard), unless a hydrologic report, prepared by a professional engineer, is submitted to certify that the proposed grading will have, in his or her opinion, no detrimental influence on the public welfare or upon the total development of the watershed.
(Prior Code, § 16-34) (Ord. 1311, passed 3-16-2009)
(A) A soil erosion and sedimentation control permit shall not be issued unless the permittee shall first post with the municipal enforcing agency a bond executed by the owner and a corporate surety with authority to do business in the state as a surety.
(B) The bond shall be in a form approved by the City Attorney, payable to the city, and in the amount of the estimated total cost of all temporary or permanent soil erosion control measures. The total cost shall be estimated by the City Engineer. The bond shall include penalty provisions for failure to complete the work on schedule as specified on the soil erosion and sedimentation control permit. These funds shall be used to install and complete the soil erosion/sedimentation control measures if the permittee fails to complete the work. In lieu of a surety bond, the applicant may file with the city a cash bond or an instrument of credit approved by the City Attorney in the amount equal to that which would be required for the surety bond.
(C) Every bond and instrument of credit shall include, and every cash deposit shall be made on, the conditions that the permittee shall comply with all of the provisions of this chapter and all of the terms and conditions of the soil erosion and sedimentation control permit, and shall complete all of the work contemplated under said permit within the time limit specified in the soil erosion and sedimentation control permit, or if no time limit is specified, within 180 days after the date of the issuance of said permit.
(D) A bond shall not be required by the City Engineer for construction of accessory structures for a residential dwelling, construction of a minor addition to a residential dwelling, or if a bond is posted with the city in conjunction with a building permit.
(Prior Code, § 16-35) (Ord. 1311, passed 3-16-2009)
(A) (1) If the permittee is unable to complete the work within the specified time, he or she may, at least ten days prior to the expiration of the soil erosion and sedimentation control permit, present in writing to the municipal enforcing agency a request for an extension of time, setting forth the reasons for the requested extension.
(2) In the event such an extension is warranted, the municipal enforcing agency may grant additional time for the completion of the work, but no such extension shall release the owner, permittee or the surety, from the requirements of this chapter, part 91 (M.C.L.A. §§ 324.9101 et seq.), the rules.
(B) If the permittee fails to extend the permit as set forth above and allows the permit to expire, all work shall be ordered to stop by issuing a stop work order until the permit is properly extended. The permittee shall be bound to maintain all temporary and permanent soil erosion and sedimentation control measures during the stop work order in conformance with this chapter, part 91 (M.C.L.A. §§ 324.9101 et seq.), as amended, and all current rules.
(C) The municipal enforcing agency may require submittal of a new soil erosion and sedimentation control plan and application if, in the opinion of the agency, the conditions of the original permit are no longer valid due to substantial changes in the site conditions.
(Prior Code, § 16-36) (Ord. 1311, passed 3-16-2009)
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