[Ord. 2018-260]
The purpose of this chapter is to regulate and control the erosion of soil and other debris, including but not limited to Discharge prohibitions as noted in Section
13.36.060, from any development or redevelopment and sets forth the procedures required to prevent erosion and provides recourse for affected parties, so as to care and protect the quality of our soil and water resources and to promote and preserve the rights, privileges, property, safety, health and well-being of the public.
[Ord. 2018-260]
When used in this chapter, the following words and phrases shall
have the meanings as defined in this section.
A. ACCESS or SITE ACCESS – Means any physical entry to a construction
site or fill site and shall include any means of entry by pedestrian
or vehicle.
B. CONSTRUCTION – Means any improvement to a structure including
additions or new buildings and retaining walls or landscape, resulting
in an improvement of a property within an existing subdivision.
C. DEVELOPMENT – Means the improvement of land from its natural
state and providing for future construction and includes the installation
of a subdivision and related utilities and public improvements.
D. DEBRIS – Means concrete, rubble, grubbed plant material, construction
material and equipment.
E. DISTURBED AREA – Means the actual size of an area from which
protective cover and established vegetation has been removed.
F. EROSION – Means the depositing or relocation of soil or debris
by natural drainage, wind, dumping, construction activity, transportation
or other means.
G. EXCAVATE or EXCAVATION Means any land disturbing activity, by which
organic matter, earth, sand, gravel, rock, trees, vegetation, or other
ground cover is cleared, graded, cut, dug, uncovered, removed, displaced,
relocated or moved and shall include the conditions resulting therefrom.
H. FILL or FILLING – Means any land disturbing activity by which
earth, sand, gravel, rock or other material is deposited, placed,
replaced, pushed, dumped, pulled, transported or moved to a new location
and shall include the conditions resulting therefrom.
I. GRADE or GRADING – Means any excavating, filling or combination
thereof.
J. LAND DISTURBING ACTIVITIES – Means the act of clearing, grading,
excavating, filling or other construction activities which involve
the removal of protective cover and established vegetation on a lot,
tract, or parcel of land.
K. PERSON – Means any individual, firm, sole proprietorship, partnership
or corporation.
L. REDEVELOPMENT – Means land-disturbing activity which results
in the creation, addition or replacement of impervious surface area
on an already developed site. Re-development includes, but is not
limited to the following activities that meet the minimum standards
set forth in this definition:
1.
The expansion of a building footprint which creates additional
impervious area not accounted for in previously approved stormwater
designs;
2.
Addition or replacement of a structure;
3.
Land disturbing activities related to improvements, modifications
or additions to structural or impervious surfaces such as parking
lots, streets, sidewalks, driveways and buildings. Redevelopment does
not include routine maintenance activities that are conducted to maintain
original line and grade, hydraulic capacity, original purpose of facility
or emergency redevelopment activity required to protect public health
and safety.
M. SEDIMENT – is any particulate matter that can be transported
by fluid flow, wind, glaciers or gravity.
N. SOIL – Means earth or rock that is naturally occurring or deposited
by excavation from the ground.
O. TOPSOIL – Means the fertile, dark colored portion of the A-horizon
containing a minimum of 3% organic matter, less than 30% clay content,
granular structure, loose, friable texture, pH of 6-8, and devoid
of debris and rocks.
[Ord. 2018-260]
The following land disturbing activities shall be exempt from
this chapter:
A. In the furtherance of farming, horticultural or gardening.
B. Minor utility excavations.
C. Street resurfacing or patching.
D. Streambank stabilization projects disturbing less than one acre.
[9-23-2020 by Ord. No. 2020-393; Ord. 2018-260]
A. Violation of any provision of this chapter may be enforced by civil
action, including an action for injunctive relief. In any civil enforcement
action, administrative or judicial, the City shall be entitled to
recover its attorneys' fees and costs from a person who is determined
by a court of competent jurisdiction to have violated this chapter.
B. Violation of any provision of this chapter may also be enforced as
a municipal infraction within Chapter 1.30, pursuant to the City's
municipal infraction ordinance. Fees for these fines shall be set
from time to time by City Council resolution.
2.
Definition of offenses.
Type 1
a.
Failure to control off-site tracking of silt, sediment, or mud.
b.
Failure to implement stormwater pollution prevention controls
as designated in SWPPP or grading, erosion and sediment control plan.
c.
Failure to maintain stormwater pollution prevention controls.
d.
Failure to document any stormwater discharge that is a violation
of water quality standards, or in a manner inconsistent with the permittee's
SWPPP, General Permit #2 and/or COSESCO permit.
Type 2
a.
Operating without a COSESCO permit.
b.
Discharging silt/sediment to the City of Davenport's storm or
sanitary sewers.
c.
Failure to comply with a written directive issued by the City
Engineer, Public Works Director or the enforcement officer designated
by the City.
[Ord. 2018-260]
Any person receiving a notice of violation may appeal the determination
of the public works department. The notice of appeal must be received
within three calendar days from the date of the notice of violation.
Hearing on the appeal before the appropriate authority or his/her
designee shall take place within 14 calendar days from the date of
receipt of the notice of appeal. The decision of the hearing officer
or designees shall be final.