[HISTORY: Adopted by the City Council of the City of Marion
by Ord. No. 06-17 (Ch. 155 of the
2000 Code). Amendments noted where applicable.]
A.
Soil erosion contributes to the
impairment of drainageways, increases road and storm sewer maintenance
costs, contributes to the destruction of and obstruction to traveled
roadways, creating a potential hazard for vehicular traffic, and contributes
to contamination and degradation of land surfaces and streams, flooding
and dusty conditions. This chapter establishes requirements in an
effort to control erosion and sediment transport.
B.
Owners of certain construction
sites are required, under rules contained in General Permit No. 2,
Stormwater Discharge Associated with Industrial Activity for Construction
Activities ("General Permit No. 2"), to obtain coverage through the
Iowa DNR under that permit.
C.
Under its Municipal Stormwater
National Pollution Discharge Elimination System permit, which permit
is on file at the offices of the City Clerk and the City Engineer
and is available for public inspection during regular office hours,
the City is required to regulate, treat and control stormwater discharges
into the City's stormwater drainage system. One provision of that
permit requires the City to enforce the requirements of General Permit
No. 2 jointly with the Iowa DNR.
D.
General Permit No. 2 and the document
entitled "Summary Guidance, A Brief Guide to Developing Pollution
Prevention Plans and Best Management Practices," issued and administered
by the Iowa DNR, are hereby adopted and by reference made part of
this chapter as if fully set forth herein. Any act these documents
require or prohibit is required or prohibited by this chapter. Any
future amendments, revisions or modifications to these documents,
incorporated herein, are intended to be made a part of this chapter.
E.
This chapter also establishes
requirements for grading, filling, fill material, and for obtaining
erosion control permits. These requirements include use of suitable
fill material, stable slope construction, proper site drainage and
usability of public and private easements.
As used in this chapter, the following terms shall have the
meanings indicated:
Any individual, firm, corporation, association or partnership,
or proprietor of land to undergo land-disturbing activities.
A specialist in the area of soil erosion and sediment control
as certified by the Soil and Water Conservation Society and the International
Erosion Control Association.
A professional engineer licensed in the State of Iowa to
practice civil engineering.
Removal of unwanted growth, in the form of trees, wood, shrubs,
brush or stumps, on a site.
A licensed civil engineer or certified professional erosion
and sediment control specialist.
The latest edition of SUDAS as approved by the City Council.
[Ord. No. 15-24]
The alteration of land from its existing state.
The part of a site on which land-disturbing activities take
place. All land area that is to be disturbed at any time during the
project is to be counted in determining the disturbed area, even if
part of the land will be stabilized before another part is disturbed.
The wearing away of the land surface by running water, wind,
ice, gravity or other geological, natural or man-made agents.
The City Engineer or designee.
A major erosion control permit or a minor erosion control
permit.
Soil, stone, rock, brick, Portland cement or asphaltic concrete,
or sand.
Land upon which fill materials are placed and which placement
does not require a sanitary disposal permit issued by the State of
Iowa.
Placing materials to effectively change the site contours.
This shall include placing materials from the site itself or from
off-site.
Means that all land-disturbing activities at the site have
been completed, and that a uniform perennial vegetative cover with
a density of 70% for the area has been established or equivalent stabilization
measures have been employed.
General Permit No. 2, Stormwater Discharge Associated with
Industrial Activity for Construction Activities, as authored and administered
by the Iowa DNR.
The Iowa Department of Natural Resources.
Clearing, grading, excavating, filling or removal of vegetation,
paving or buildings, exposing earthen material on a site.
A permit issued by the City to engage in land-disturbing
activities on a site with one acre or greater disturbed area.
A permit issued by the City to engage in land-disturbing
activities on a site of greater than 1/8 acre and less than one acre
disturbed area.
[Amended 3-23-2023 by Ord. No. 23-02]
One or more persons who have applied for or hold a City erosion
control permit, or who own, control or perform work on a site.
Solid material, both natural and man-made, that is in suspension,
has been transported or has been moved from its origin by air, water,
gravity or ice and has been deposited by the action of water or wind.
Property where land-disturbing activities take place.
Vegetative cover with a density of 70% has been established,
or equivalent stabilization measures have been employed by chemical,
biological, structural or nonstructural BMP methods that prevents
soil detachment or transport, thus limiting the annual cumulative
soil loss to a rate equivalent to that of a site containing a 70%
vegetative cover density.[1]
All man-made facilities and structures and all natural watercourses
that are owned by the City, or that are within a drainage easement
owned by the City, and that are used for collection, storage, treatment
and conveyance of stormwater from any area, through any area. This
includes without limitation all stormwater facilities, canals, creeks,
curb and gutter, dams, ditches, floodwalls, flumes, gulches, gullies,
levees, ravines, siphons, streams, streets and swales. For the purpose
of illicit discharge regulation, any discharge to an area tributary
to the stormwater drainage system shall be treated as a discharge
to the stormwater drainage system.
Anything built or used for the control of stormwater, including
without limitation catch basins, channels, culverts, detention basins,
energy dissipation structures, inlets, manholes, outlets, pipes and
other conduits, retention basins, and roadways and gutters.
A document conforming to the requirements therefor contained
in General Permit No. 2 and this chapter, prepared and certified by
a design professional.
Stormwater pollution prevention plan.
[1]
Editor's Note: The definition of "Standard Specifications,"
added by Ord. No. 15-24, which immediately
followed this definition, was repealed 3-23-2023 by Ord. No. 23-02.
A.
Sites or common plans of development
that will result in a total disturbed area of one or more acres shall
obtain a major erosion control permit prior to any land-disturbing
activities.
B.
All major erosion control permits
shall be issued by the Erosion Control Officer upon approval of a
completed application for erosion control permit on a form provided
by the City. The application shall be signed by the title holder of
the site, together with the applicant, if different from the title
holder.
C.
Sites required to obtain an erosion control permit shall comply with § 153-10, Requirements for sites covered by Iowa DNR General Permit No. 2, herein.
D.
A major erosion control permit
application shall include the following:
(1)
A completed application for
erosion control permit on a form provided by the Erosion Control Officer.
(2)
A SWPPP conforming to the
requirements of this chapter, and the requirements of General Permit
No. 2. If a SWPPP for the site has previously been submitted to the
City and has not been modified, the applicant shall submit a signed
and dated statement that the SWPPP has not been modified, in which
case the SWPPP need not be resubmitted.
(3)
Payment of the permit fee.
E.
The permittee shall provide the
Erosion Control Officer with all material submitted as part of a notice
of discontinuation when such a notice is filed with the Iowa DNR.
A.
Sites or common plans of development
that will result in a disturbed area of greater than 1/8 of an acre
but less than one acre shall obtain a minor erosion control permit
prior to any land-disturbing activity, except:
B.
All minor erosion control permits
shall be issued by the Erosion Control Officer upon approval of a
completed application for erosion control permit on a form provided
by the City. The application shall be signed by the title holder(s)
of the site, together with the applicant, if different from the title
holder(s).
C.
A minor erosion control permit
application shall include the following:
(1)
A completed application for
erosion control permit on a form provided by the City.
(2)
A dimensioned drawing including
the following:
A.
Erosion control permits shall
be valid for a period of one year from the date of issuance and may
be renewed as provided for herein. A renewal application shall include
the following:
B.
The City shall revoke an erosion
control permit or decline renewal if unacceptable materials are being
deposited at the site, or if the permittee has failed to comply with
any of the regulations set forth in this chapter, or any requirement
of law, statute or regulation.
A.
Clearing and grubbing shall be
performed according to the current SUDAS Specifications Manual adopted
by the City Council.
[Ord. No. 15-24; amended 3-23-2023 by Ord. No. 23-02]
B.
Fill material shall be placed
according to the SWPPP as accepted by the City.
C.
Interim filling during construction
shall be placed in a safe manner. Slope stabilization, inspection
and maintenance of erosion control, and soil stabilization where work
has been suspended shall be according to the Design Standards Manual.
D.
Finish grading shall be according
to the current SUDAS Specifications Manual adopted by the City Council.
[Ord. No. 15-24; amended 3-23-2023 by Ord. No. 23-02]
E.
Finish slopes shall not exceed
a 3:1 ratio on any slope facing and terminating within 15 feet of
a property line.
F.
Unacceptable fill materials.
(1)
Fill materials shall not include
hazardous waste, synthetic material, metal and organic material other
than natural topsoil incidental to excavation, except as noted below.
Concrete, brick, tile and other manufactured inert material shall
not be greater than 18 inches in its greatest dimension. Asphalt paving
material shall not be used for bank stabilization or where the final
location will be below the known water table.
(2)
Trees may be buried within
the from which they site originate, provided they are not buried within
structural footprints or in earthwork providing structural support,
such as for building foundations and roadways. Trees shall not be
placed in the trench backfill for sewers, culverts and other underground
utilities. Trees shall not be imported on-site from off-site for use
as fill.
A.
Sites with land-disturbing activities
shall fall into one of two categories as determined by the Erosion
Control Officer as set forth hereinbelow:
(1)
Sites with a disturbed area
less than one acre shall not require submittal of a SWPPP. However,
the owner of a site is required to plan and implement erosion control
measures as described in the brochure Erosion Control for Small Site
Development. The Erosion Control Officer shall make this brochure
available. The Erosion Control Officer may require an acceptable SWPPP
for sites with a disturbed area less than one acre in cases warranted
by site conditions. Such site conditions may include, but are not
limited to:
(a)
The site contains slopes
of 9% or greater;
(b)
The site is adjacent to
a water body or open drainage channel; sinkholes, wetlands and shallow
depth to bedrock;
(c)
The site has been identified
as having severe erosion or as creating a significant impact on adjacent
properties, water bodies or open drainage channels due to erosion
and sediment deposition.
(2)
Sites with a disturbed area
greater than or equal to one acre shall require an acceptable SWPPP
meeting the requirements of this chapter, certified by a design professional,
and approved by the Erosion Control Officer.
B.
The SWPPP must be reviewed and
approved by the Erosion Control Officer prior to the commencement
of land-disturbing activities.
C.
The City's acceptance of a SWPPP
does not constitute approval of Design Standards Manual exceptions
unless specifically requested and approved by the Erosion Control
Officer.
A.
Every SWPPP submitted to the City
in support of an application for a major erosion control permit:
(1)
Shall contain complete twenty-four-hour
contact information for the site owner and the person in responsible
charge of providing and maintaining sedimentation and erosion control
for the site. The permittee shall inform the Erosion Control Officer
within seven calendar days of any change in this contact information;
(2)
Shall comply with all current
minimum mandatory requirements for SWPPPs promulgated by the Iowa
DNR in connection with General Permit No. 2, including those published
as Summary Guidance for General Permit No. 2 by the Iowa DNR. The
Erosion Control Officer may develop policies modifying these requirements
for sites with a disturbed area less than one acre;
(3)
Shall comply with all other
applicable state or federal permit requirements in existence at the
time of application;
(4)
Shall include a drainage plan
prepared according to the Design Standards Manual. The drainage plan
shall be accompanied by a drainage report prepared according to the
City Engineering Department Drainage Report Process Handbook. This
handbook shall be available in the City Engineering Department. The
drainage report shall at a minimum demonstrate that the design of
proposed grading, erosion and sediment control, if constructed per
plan, is not expected to adversely impact adjacent properties;
(5)
Shall be prepared by a design
professional; and
(6)
Shall include within the SWPPP
a signed and dated certification by the person preparing the SWPPP
that the SWPPP complies with all requirements of this section.
B.
The SWPPP shall be modified by
a design professional as required in General Permit No. 2. Any modification
of a SWPPP shall meet the requirements above.
The applicant shall submit a SWPPP for the site, meeting the
requirements established in the Design Standards Manual, to the Erosion
Control Officer for review and approval, as follows:
A.
The Erosion Control Officer shall
review the submittal for compliance with the requirements of a SWPPP
as set forth in the Design Standards Manual. Following the review,
the Erosion Control Officer may return comments to the design professional.
B.
The Erosion Control Officer shall
complete initial review and issue comments, if needed, back to the
preparer in 10 working days after submittal. The actual time required
is a function of the submittal complexity and overall workload of
the Erosion Control Officer.
C.
Following receipt of comments
from the Erosion Control Officer, the applicant shall provide a revised
submittal to the Erosion Control Officer in accordance with any requested
revisions.
D.
The Erosion Control Officer may
require supporting documentation as needed to demonstrate conformance
with these requirements. Issuance of an erosion control permit may
be delayed pending receipt of the documentation.
E.
If the submittal is complete,
and meets the requirements as set forth herein, the Erosion Control
Officer shall approve the plan.
A.
The City shall not allow any
land-disturbing activity on a site for which coverage under General
Permit No. 2 is required, nor shall the City issue any permit, authorization
or license allowing such activity, until the site owner has obtained
coverage for the site under General Permit No. 2 from the Iowa DNR.
B.
Any responsible party who is
required to obtain, or has obtained, coverage under General Permit
No. 2 shall comply with all the requirements of General Permit No.
2. Failure to do so is a violation of this chapter. Completion of
work shown in a stormwater pollution prevention plan submitted under
the provisions of General Permit No. 2 is a requirement of General
Permit No. 2, and failure to complete such work is a violation of
this chapter.
C.
For sites covered under General
Permit No. 2 where the ownership changes, the enforcement officer
must be notified of the title transfer within 30 days, except in the
case of single-lot sales, which shall be recorded on the SWPPP. The
new owner shall be subject to all terms and conditions of the erosion
control permit. A copy of the notice of transfer that was sent to
the Erosion Control Officer shall be included in the SWPPP. For sites
that are part of a larger common plan of development such as a housing
or commercial development project, if a permittee transfers ownership
of all or any part of property subject to an erosion control permit,
both the permittee and transferee shall be responsible for compliance
with the provisions of General Permit No. 2 and the erosion control
permit for that portion of the project which has been transferred,
including when the transferred property is less than one acre in area.
If the new owner agrees in writing to be solely responsible for compliance
with the provisions of General Permit No. 2 and the erosion control
permit for the property which has been transferred, then the existing
permittee shall be relieved of responsibility for compliance with
General Permit No. 2 and the erosion control permit for the transferred
property, from and after the date the transfer of responsibility is
attached to the SWPPP.
A.
The Erosion Control Officer shall
inspect the site in response to reports from third parties or at other
times, at the Erosion Control Officer's discretion.
B.
The Erosion Control Officer shall
issue a notice to comply to the responsible party or parties, describing
any problems and specifying a date and time by which compliance must
be achieved.
C.
The Erosion Control Officer shall,
upon determination of any violation of this chapter, issue a notice
of violation in writing to the responsible party or parties, indicating
the nature of the violation and ordering the action necessary to correct
it.
(1)
The notice of violation may:
(a)
Order the discontinuance
of any illegal work, specifying a date and time for such discontinuance;
and
(b)
Require the repair and
cleanup of any damage done due to failure to comply with General Permit
No. 2, specifying a date and time for completion of repair and cleanup;
and
(c)
Order the withholding
of any building or occupancy permits for the site; and
(d)
Order the discontinuance
of any or all work at the site, including, at the Erosion Control
Officer's discretion, work not directly related to the cause and prevention
of erosion and sedimentation, except potential life-safety-related
work and work necessary to achieve compliance and to repair and clean
up damage, specifying a date and time for such discontinuance to commence
and conditions for such discontinuance to cease.
(2)
Failure to comply with any
order in a notice of violation is an additional violation. Each day
of such failure constitutes a separate violation.
(3)
The Erosion Control Officer
may modify a notice of violation and may authorize, in writing, an
extension to the specified dates and times therein.
(4)
The notice of violation shall,
where necessary or appropriate, recommend to the City Attorney the
institution of legal or equitable actions that may be required for
the enforcement of this chapter.
D.
Communication to a responsible
party's employee, partner, attorney, agent, contractor or subcontractor
shall be regarded as communication to the responsible party for the
purpose of this section. Communication to one responsible party shall
be regarded as communication to each responsible party for the purpose
of this section.
A.
Right of entry. The Erosion Control
Officer and authorized employees of the City bearing proper credentials
and identification shall be permitted to enter all properties for
the purposes of inspection, observation, measurement, sampling and
testing in accordance with the provisions of this chapter. The applicant,
owner or titleholder shall be deemed to have consented to such entry
by submission of an application for any permit or plan contemplated
in this chapter. Barring or delaying such inspection is a violation
of this chapter.
B.
The Erosion Control Officer shall
have access to and be able to copy any records that must be kept under
the conditions of General Permit No. 2 within three business hours,
where a business hour is any hour between 8:00 a.m. and 3:30 p.m.
on a nonholiday weekday.
A.
For any site, whether or not
covered by an erosion control permit or other stormwater discharge
permit, the City may clean up eroded sediment or tracked soil deposited
on public property if:
B.
If the City cleans up such material
deposited off site, the Erosion Control Officer will invoice the responsible
party or parties for the City's actual costs, including overhead,
which may be recorded as an assessment against the property and constitute
a lien thereon.
C.
Failure to pay an invoice under
this section within 30 days shall constitute a violation of this chapter.
B.
Violation of any provision of
this chapter may also be enforced by civil action, including an action
for injunctive relief.
C.
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.
[Amended 3-23-2023 by Ord. No. 23-02; 8-17-2023 by Ord. No. 23-21]
Anyone claiming to be aggrieved by any determination made by
the Erosion Control Officer may, within five days of the date of such
determination, appeal to the Construction Code Review Board and in
writing state their reasons for requesting such order to be rescinded
or modified. The Construction Code Review Board shall review the determination
of the Erosion Control Officer, and if reasonable grounds exist, shall
modify, withdraw or order compliance with said determination. Anyone
claiming to be aggrieved by the determination made by the Construction
Code Review Board shall have such rights of appeal as provided by
law.
The City Council may establish fees by resolution for permit
applications, permit renewal applications, inspections and for the
review and processing of documents necessitated by this chapter. When
such fees are established, a submittal shall not be considered unless
the appropriate fee has been submitted to the City.
