[R.O. 2011 §400.260; Ord. No. 2006-170 §1, 12-19-2006; Ord. No. 2007-47 §10, 5-15-2007; Ord. No. 1671, 7-16-2019; Ord. No. 2126, 11-18-2025]
A.
This Section sets out the required review procedures and review criteria for a land disturbance permit application.
1.
Permit required. Except as herein provided, no galling, clearing, excavation, filling storage or disposal of soil and earth materials or any other land-disturbing activity shall occur on any site without first obtaining a land disturbance permit from the City.
2.
Exemptions. Except for any site disturbing or grading in anticipation of or in preparation for construction of buildings or any construction or development that would require rezoning, a special use permit, development plan approval or amendment or platting, a site disturbance permit shall not be required in the following instances:
a.
Land disturbances less than one (1) acre but greater than three hundred (300) square feet. The land-disturbance activity shall comply with the City's adopted standards and the person shall install erosion and sediment control measures.
b.
Land disturbances less than or equal to three hundred (300) square feet which are not disturbing a natural drainage course. The land-disturbance activity does not have to comply with the City's adopted standards, however, the activity is subject to the City's nuisance (Chapter 215) and solid waste (Chapter 225) codes.
c.
Land-disturbance activities by City departments. The City shall comply with the requirements of the City's general permit issued by the State and, if applicable, the City's adopted standards and the City's Building Code.
d.
Home gardens. Home gardening operations including plowing or tilling of land for the purposes of growing flowers and/or vegetables.
e.
Work to correct or remedy emergencies. This includes situations that pose an immediate danger to life or property or substantial flood or fire hazards.
f.
Routine agricultural crop management practices.
3.
Relationship to other applications. Grading in preparation for any development requiring the approval of a rezoning, special use permit, platting or development plan application shall be consistent with such proposed application. A land disturbance permit shall not be issued until such rezoning, special use permit, platting or development plan application has been approved.
4.
Application submittal requirements. All land disturbance permit applications shall include the following:
a.
A completed application form.
c.
Legal description of the subject property.
d.
Description of the proposal.
e.
Contoured development map showing existing contours of the site and adjoining strips of non-site property and proposed contours after completion of the proposed grading and development, based on United State Geological Survey datum, with established elevations at buildings, walks, drives, street and roads; and information on necessary clearing and grubbing, removal of existing structures, excavating, filling, spreading and compacting. The Director of Community Development or their designees may require the development map to be prepared and sealed by a licensed professional engineer or land surveyor.
f.
An accurate proposed plot plan showing the location of the grading site, a description of the type and features of the soil and details of all structures, walls, cribbing and surface protection.
g.
Name and address of the property owner.
h.
Estimated grading quantity.
i.
Details of site drainage system.
j.
A proposed erosion and sediment control plan.
k.
Construction access to the site.
l.
Location of temporary off-street parking.
m.
The estimated schedule of operation, including the dates of starting and completion of grading work.
n.
Sources of off-site fill material or soil sites and all information relative to haul routes, trucks and equipment.
o.
A recent aerial photograph or a detailed topographic map showing tree canopy in the same scale as the development plan.
p.
Erosions and sediment control plan providing the following information with respect to the conditions existing on-site during land disturbing or filling activities or soil storage and after final structures and improvements have been completed:
(1)
Maximum surface runoff from the site, calculated using the adopted standards.
(2)
Sediment yield, calculated using the adopted standards.
(3)
A delineation and brief description of the measures undertaken to retain sediment from the site including, but not limited to, designs and specifications for berets and sediment detention basins and a schedule for maintenance and upkeep.
(4)
A delineation and brief description of the surface runoff and erosion control measures to be implemented including, but not limited to, types and method of applying mulches, designs and specifications for diverters, dikes and drains and a schedule for their maintenance and upkeep.
(5)
A delineation and brief description of the vegetative measures to be used including, but not limited to, seeding methods, the type, location and extent of pre-existing undisturbed vegetation types and vegetation to remain and a schedule for maintenance and upkeep.
(6)
Proposed conditions of the site in accordance with the phases outlined in the adopted standards.
(7)
Alternative methods of stabilizing the site when either seeding was not performed in accordance with the schedule or was performed and was not effective.
(8)
The location and description of each temporary and permanent erosion and sediment control measure.
(9)
The estimated needed duration of the permit.
q.
Copy of the State operating permit (also known as the storm water discharge permit) issued by the Water Pollution Control Program of the Department of Natural Resources if one (1) or more acres will be disturbed.
r.
Surety. The applicant shall provide such escrow, bond or other surety to guarantee the restoration, maintenance and rehabilitation of the site if the project does not proceed in accordance with the approved plans. The procedure for providing such surety shall be as described in Section 400.790 Assurance for Completion of Public Improvements.
s.
Copies of tax certificates from the County.
t.
Proof of ownership or control of the property or permission from the property owner.
u.
A completed flood hazard and levee critical area information form, if necessary. Applications involving the flood hazard or levee critical area may not be reviewed by the Planning and Zoning Commission and Board of Aldermen in the time frame outlined in this Section due to the time required for additional agencies, such as the Corps of Engineers and levee district, to review the application.
5.
Review and action — Director of Community Development. The Director of Community Development shall review the proposed land disturbance permit application within sixty (60) days of the date that a complete application is filed. After reviewing the application, the Director of Community Development shall approve, approve with modifications or deny the application.
6.
Review criteria. In reviewing all land disturbance permit applications, the Director shall consider the review criteria set forth in Section 400.180(Q) Review Criteria for Considering Applications.
7.
Inspections. Inspections shall be made by the Public Works Director/City Engineer during each stage of fill operations and final approval shall be required upon completion of operations. Applicants shall notify the City upon commencement of the following when and as completed: rough grading; finish grading before seeding; and all re-establishment and construction work.
8.
Duration of permit.
a.
A land disturbance permit shall be valid from the time that it is issued until the site is stabilized and erosion and sediment control measures are no longer necessary. The site will be considered stabilized when either perennial vegetation, pavement, buildings or structures using permanent materials cover all areas that have been disturbed. In order to terminate the land disturbance permit, the applicant shall submit a written request to terminate the permit to the City. The City will then inspect the site and make a determination as to whether the permit can be terminated. The applicant will be notified in writing of the determination.
b.
If the applicant sells the property before the termination of the land disturbance permit, the permit may be assigned to the new owner, if such assignment is approved in writing by the City.
c.
If the applicant sells any portion of the property before the termination of the land disturbance permit, the applicant will remain responsible for that portion until one (1) of the following events occur:
(1)
The new owner of the property obtains a land disturbance permit.
(2)
The new owner of the property obtains or is required to obtain a building permit. When a new owner has contiguous lots totaling less than one (1) acre and obtains or is required to obtain a building permit, they may design an erosion and sediment plan for the contiguous lots as approved by the Director of Community Development or their designees.