A.
All land disturbances, including residential and commercial development projects, shall provide adequate erosion control to protect public streets, public storm sewer systems, adjacent property, streams and surface waters from being polluted with sediment and silt and shall comply with the provisions set forth in Chapter 425, Erosion and Sediment Control.
B.
Unless exempted by Section 500.140, a land disturbance permit is required for any public or private entity that intends to cause or causes a condition that allows for erosion, including but not limited to striping vegetation, clearing and grubbing land, or creating any type of land disturbance. The contractor/developer or owner that intends to cause or causes a condition that allows for erosion shall apply for a land disturbance permit.
[1]
Editor's Note: Former Article IV, Land Disturbance Permits, containing Sections 500.120 through 500.230, adopted 6-4-2001 by §§1 — 12 of Ord. No. 060401, was repealed 3-16-2015 by §I of Ord. No. 03162015C with new Sections 500.120 through 500.190 set out herein. Subsequently, Article IV, containing Sections 500.120 through 500.190, was redesignated as Article V by §I of Ord. No. 10192015.
[Ord. No. 03162015C §I, 3-16-2015; Ord. No. 10192015 §I, 10-19-2015]
A.
Applications for a land disturbance permit shall be submitted to
the City Engineer. Applications shall be accompanied by:
1.
An erosion and sediment control plan.
2.
A grading plan.
3.
A permit application fee.
4.
BMPs securities.
5.
An MODNR land-disturbance permit.
6.
An MODNR State operating permit.
7.
SWPPP (Storm Water Pollution Prevention Plan).
|
Note: Items 5, 6 and 7 are required for a cumulative land disturbance
of one (1) acre or more. Where practical, drawings may be combined
to contain all required plans.
|
[Ord. No. 03162015C §I, 3-16-2015; Ord. No. 10192015 §I, 10-19-2015; Ord. No. 05152017-A, 5-15-2017]
A.
The following activities are exceptions and do not require a land
disturbance permit:
1.
Any land disturbance activity of less than two thousand (2,000)
square feet.
Exception: Single-family residence construction.
2.
Landscaping, home gardening or reestablishment of lawn areas.
3.
Agricultural activities in connection with the production, harvesting,
storage, drying, or raising of agricultural products and livestock.
4.
Any emergency activity that is immediately necessary for the
protection of life, property or natural resources.
[Ord. No. 03162015C §I, 3-16-2015; Ord. No. 10192015 §I, 10-19-2015]
[Ord. No. 03162015C §I, 3-16-2015; Ord. No. 10192015 §I, 10-19-2015]
A.
The grading plan must contain all of the information set forth below.
1.
Existing and proposed contours of the entire site taken at two
(2) foot intervals to define existing and proposed topography of the
entire site. The maximum allowable slope is one (1) foot of vertical
rise for three (3) feet of horizontal run (3:1).
2.
Contour lines that extend a minimum of one hundred (100) feet
off site or sufficient to show on- and off-site drainage.
3.
Property lines shown in true location with respect to the plan's
topographic information.
4.
Location and graphic representation of all existing and proposed
natural and manmade drainage facilities including both piped and overland
facilities. Overland swales must have a minimum grade of two percent
(2%).
5.
Name(s), address(es) and telephone number(s) of the person(s)
responsible for the preparation of the site plan and grading plan.
6.
Location of final surface runoff, erosion and sediment control
measures.
7.
Location and elevation of any building or structure located
within fifty (50) feet of the property boundaries.
8.
Other information required by the City Engineer or his or her
designee.
[Ord. No. 03162015C §I, 3-16-2015; Ord. No. 10192015 §I, 10-19-2015]
A permit fee approved by the Board of Aldermen and listed in
the comprehensive fee schedule, maintained in the City Clerk's office,
must be submitted with the land disturbance permit application.
[Ord. No. 03162015C §I, 3-16-2015; Ord. No. 10192015 §I, 10-19-2015]
A.
The City Engineer shall require the applicant to provide security equal to the estimated cost to install and maintain the approved erosion and sediment control measures for the duration of the land-disturbance permit as defined in Chapter 425, Section 425.060, Subsection (E), if the land disturbance is within the watershed of a public or private lake or pond, if the erosion and sediment control plan is for an area of one acre or greater or if the estimated cost to install and maintain the approved erosion and sediment control measures is two thousand dollars ($2,000.00) or greater. The applicant has two options to secure the performance of work:
1.
Option 1: Performance bond. The applicant may
furnish a performance bond, approved by the City Engineer; or
2.
Option 2: Letter of credit agreement. The applicant
may enter into a letter of credit agreement with the City, whereby
the applicant will submit a letter of credit from a bank approved
by the City Engineer.
[Ord. No. 03162015C §I, 3-16-2015; Ord. No. 10192015 §I, 10-19-2015]
Nothing in this Article shall be deemed to supersede permitting
requirements imposed by any law, rule or regulation of other Federal,
State or local agencies, or of the City. In the event of conflict
between these requirements and any other such law, rule or regulation,
the more restrictive laws, rules or regulations shall apply.
