During construction activities, soil is highly vulnerable to erosion by wind and water. This soil poses a serious threat to endangered species and limited water resources, by reducing water quality and causing the siltation of aquatic habitat for fish, aquatic life and native riparian vegetation. Eroded soil also results in the accelerated need to clean storm drains, clear and clean ditches, and dredge lakes and river backwaters. In addition, clearing and grading during construction cause the loss of native vegetation necessary for terrestrial and aquatic habitat and for retarding and reducing stormwater runoff.
(Ord. O2006-38, passed 6-21-06)
The purpose of this chapter is to safeguard persons, protect property, and prevent damage to the environment from the polluted stormwater runoff from construction sites as defined below. This chapter will also promote the public welfare by guiding, regulating and controlling the design, construction and use of any development or other activity that disturbs one acre or more in public and private projects or one-half acre or more in the City-owned linear projects within the City's jurisdiction.
(O2006-38, passed 6-21-06)
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates of requires a different meaning.
ADEQ. The Arizona Department of Environmental Quality.
AZPDES CONSTRUCTION GENERAL PERMIT (CGP). AZPDES General Permit No. AZG2016-002 for Stormwater Discharges from Large and Small Construction Activity in Arizona, except for those in Indian Country. This permit is administered by ADEQ.
BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent and reduce the discharge of pollutants to the waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
BUILDING PERMIT. An official document or certificate issued by the City of Yuma, which authorizes the performance of a specific construction work, grading or alteration of ground features to create certain improvements and structures.
CITY. The City of Yuma, being in Yuma County, State of Arizona.
CITY ENGINEER. The City Engineer or firm or person, and their properly authorized assistants and inspectors, designated by the City to prepare plans and administer the construction of work.
CLEARING. Any activity that removes the vegetative surface cover.
CONSTRUCTION. Any repair, construction, reconstruction, upgrading or enhancing of a structure, grading or landscaping that disturbs one or more acres of land in public or private development; or, a City-owned linear project disturbing one-half acre or more of land.
DESIGN CRITERIA. Those requirements and criteria set forth by the City of Yuma Standard Construction Specifications and the Erosion Control Drainage Design Manual for Maricopa County, Arizona, as amended.
DESIGN ENGINEER. A registered civil or environmental engineer in the State of Arizona, who prepares plans and administers construction of public or private development.
DRAINAGE WAY. Any waterway that conveys surface water throughout or from the site.
EROSION. The wearing away of land surface by running water, wind or other geological agents. Often the eroded debris (silt or sediment) becomes a pollutant via stormwater runoff. Erosion occurs naturally but can be intensified by human-made activities such as development, farming and agriculture.
EROSION CONTROL. A measure or activity that prevents erosion.
EROSION AND SEDIMENT CONTROL PLAN (ESCP). A set of plans with design calculations prepared by or under the direction of a Design Engineer indicating the specific measures and sequencing to be used to control erosion and sediment migration on a construction site before, during and after construction. The ESCP may be included as a part of the SWPPP.
GRADING. Excavation of or fill placement of material upon a land surface to create a desired slope or elevation.
LINEAR PROJECT. A Capital Improvement Program (C.I.P.) project that may involve construction of streets, roadways, water lines, sanitary and storm sewer facilities. Such projects typically have large length and small width with a higher pollution potential when compared to conventional construction projects.
MAJOR MODIFICATION. Any addition to or cancellation of the originally submitted SWPPP and their impacts, as deemed by the City Engineer, that may result in increased flood hazards or sediment track out to the public roads and/or to the City's storm sewer system.
MAJOR STORM. Any storm that drops 0.50 inch or more of rainfall.
PERMIT. An official document or certificate issued by the City, which authorizes the performance of a specific construction work, demolition, repair, reconstruction, upgrading or enhancing of a structure, grading or landscaping or alteration of ground features to create certain improvements and structures and is subjected to the requirements of this chapter as defined in CONSTRUCTION above.
PERIMETER CONTROL OR SEDIMENT CONTROL. A physical barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
PHASING. Construction on a parcel of land in a distinct sequence of areas, with the stabilization of each area completed before construction of the next.
QUALIFIED STORMWATER PERSON. A person knowledgeable in the principles and practices of erosion and sediment controls and who possesses the skills to assess conditions at the site that could impact stormwater quality and the effectiveness of the BMPs selected to control the quality of stormwater discharges. Preferred to be a Certified Professional in Stormwater Quality (CPSWQ) or Certified Professional in Erosion and Sediment Control (CPESC).
SEDIMENT. Soil particles, both mineral and organic, that are in suspension, are being transported, or have been removed from its site of origin by air, water, and gravity and have come to rest on the earth's surface.
SEDIMENT BASINS AND SEDIMENT TRAPS. Temporary (or permanent) ponding areas formed by constructing an earthen embankment with a stone outlet used to detain and collect sediment and to prevent damaging erosion on site, which may cause silt-laden runoff from the site. Basins are generally larger in size than traps and serve ten acres or more of a disturbed area at one time.
SITE. A parcel of land or a contiguous combination thereof, where construction work is performed as a single, unified or phased operation.
STABILIZATION. An erosion control technique, practice or procedure used to prevent or minimize exposed soil from eroding. Stabilization practices include but are not limited to: Pre-watering, applying dust-suppressant, vegetation (temporary and permanent seeding), gravel application, mulching, soil stabilizers, plastic covers and tarps.
START OF CONSTRUCTION. The first land-disturbing activity associated with a development, including but not limited to land operation such as clearing, grubbing, grading, and filling; installation of streets and walkways; excavation for footings, piers and foundations; erection of temporary forms; and installation of accessory buildings, such as garages.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A plan that is required by the City and includes site map(s), an identification of construction/contractor activities that could cause pollutants in the stormwater, and a description of measures or practices to control these pollutants. The SWPPP must include an ESCP.
WATERCOURSE. Any body of water, including, but not limited to lakes, ponds, rivers, streams, and bodies of water delineated by the State of Arizona and/or the United States of America.
WATERS OF THE UNITED STATES. All waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters subject to the ebb and flow of the tide. Waters of the United States include all interstate waters and intrastate lakes, rivers, streams (including intermittent streams), mudflats, sand flats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds.
(Ord. O2004-72, passed 12-1-04; Ord. O2006-38, passed 6-21-06; Ord. O2021-020, passed 8-4-21)
(A) Development and construction for all sites falling under the authority of this chapter shall submit a SWPPP that contains an ESCP for review and approval by the City. The City shall not grant any permit for site development or improvement activity that would fall under this chapter without first having reviewed and approved the applicant's SWPPP and ensured that ADEQ has granted the applicant an AZPDES CGP permit coverage.
(B) No SWPPP is required for the following site development/improvement activities:
(1) Any emergency activity that is immediately necessary for the protection of life, property or natural resources.
(2) Existing nursery and agricultural operations conducted as permitted or accessory use.
(C) Each application shall bear the name (s) and address (es) of the owner or developer of the site, and of any consulting firm retained by the applicant's principal contact at such firm and shall be accompanied by a filing fee as set by the City Engineer.
(D) Each application shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the ESCP and shall require a qualified stormwater person to visit site on days when construction or grading activity are taking place,
(E) The applicant shall pay the City during any and all construction phases, and if a major modification is required, the costs for engineering plan review and inspection visits, as specified in §156-08, as follows:
Application Fees
SWPPP inspection $177 for the first ten acres, plus an
additional $19 for each additional five
acres.
SWPPP plan review $168 for the first ten acres, plus an
additional $ 28 for each additional five
acres.
An annual update in the above fees is to be made each subsequent July 1 equal to the change of the previous year West Urban Consumer Price Index.
(Ord. O2006-38, passed 6-21-06)
(A) The City will review each application for certain types of permits to determine its conformance with the provisions of this chapter. After receiving an application, the City shall respond in one of the following ways:
(1) Approve the permit application; or
(2) Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or
(3) Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised application and/ or submission.
(B) If the City does not act on an original or revised application, within 30 calendar days of the submittal, the applicant may assume approval of application, and request issuance of the permit, unless additional agreements have been created between the applicant and the City.
(Ord. O2006-38. passed 6-21-06)
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