[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.
F. 
Except as provided in § 153-4, Minor erosion control permit required, no person shall engage in land-disturbing activities within the City unless they have received an erosion control permit from the City.
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Any individual, firm, corporation, association or partnership, or proprietor of land to undergo land-disturbing activities.
CERTIFIED PROFESSIONAL EROSION AND SEDIMENT CONTROL SPECIALIST
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.
CIVIL ENGINEER
A professional engineer licensed in the State of Iowa to practice civil engineering.
CLEARING AND GRUBBING
Removal of unwanted growth, in the form of trees, wood, shrubs, brush or stumps, on a site.
DESIGN PROFESSIONAL
A licensed civil engineer or certified professional erosion and sediment control specialist.
DESIGN STANDARDS MANUAL
The latest edition of SUDAS as approved by the City Council.
[Ord. No. 15-24]
DEVELOPMENT
The alteration of land from its existing state.
DISTURBED AREA
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.
EROSION
The wearing away of the land surface by running water, wind, ice, gravity or other geological, natural or man-made agents.
EROSION CONTROL OFFICER
The City Engineer or designee.
EROSION CONTROL PERMIT
A major erosion control permit or a minor erosion control permit.
FILL MATERIAL
Soil, stone, rock, brick, Portland cement or asphaltic concrete, or sand.
FILL SITE
Land upon which fill materials are placed and which placement does not require a sanitary disposal permit issued by the State of Iowa.
FILLING
Placing materials to effectively change the site contours. This shall include placing materials from the site itself or from off-site.
FINAL STABILIZATION
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
General Permit No. 2, Stormwater Discharge Associated with Industrial Activity for Construction Activities, as authored and administered by the Iowa DNR.
IOWA DNR
The Iowa Department of Natural Resources.
LAND-DISTURBING ACTIVITIES
Clearing, grading, excavating, filling or removal of vegetation, paving or buildings, exposing earthen material on a site.
MAJOR EROSION CONTROL PERMIT
A permit issued by the City to engage in land-disturbing activities on a site with one acre or greater disturbed area.
MINOR EROSION CONTROL PERMIT
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]
RESPONSIBLE PARTY
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.
SEDIMENT
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.
SITE
Property where land-disturbing activities take place.
STABILIZATION or STABILIZED
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]
STORMWATER DRAINAGE SYSTEM
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.
STORMWATER FACILITIES
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.
STORMWATER POLLUTION PREVENTION PLAN
A document conforming to the requirements therefor contained in General Permit No. 2 and this chapter, prepared and certified by a design professional.
SWPPP
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:
(1) 
Filling or construction within floodplain limits as established by the Federal Emergency Management Agency and in Chapter 163, Flood Damage Prevention, of the Code of Ordinances will require a separate additional permit under Chapter 163, in addition to the permits required by this chapter.
(2) 
The following activities are exempt from the requirements of this chapter:
(a) 
Crop production activities;
(b) 
Cemetery graves;
(c) 
Emergencies posing an immediate danger to life or property, or substantial flood or fire hazards;
(d) 
Total fill quantity of less than 25 cubic yards in a twelve-month time period;
(e) 
Public improvements.
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) 
Property address and legal description;
(b) 
Property lines and any existing easements of record;
(c) 
Limits of area of land-disturbing activities;
(d) 
Existing and proposed ground elevations (two-foot maximum interval);
(e) 
A SWPPP if required under § 153-7, Stormwater pollution prevention plan required;
(f) 
Other information as required by the Erosion Control Officer.
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:
(1) 
A completed application for erosion control permit renewal on a form provided by the City.
(2) 
Payment of the renewal fee.
(3) 
Any information required in § 153-3 (for a major permit) or § 153-4 (for a minor permit) if it has changed. A major permit renewal shall include a certification by the design professional that all changed conditions are included in the renewal application.
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 Division Drainage Report Process Handbook. This handbook shall be available in the City Engineering Division. 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;
[Amended 8-22-2024 by Ord. No. 24-10]
(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.
(1) 
The Erosion Control Officer may modify a notice to comply and may authorize, in writing, an extension to the specified date and time by which compliance must be achieved.
(2) 
Failure to achieve compliance by the specified date and time is a violation of this chapter.
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:
(1) 
Corrective action has not been completed within 24 hours or within an extended deadline granted in writing by the City; or
(2) 
In the judgment of the Erosion Control Officer, damage to the environment is ongoing and prompt corrective action would be intended to reduce such damage.
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.
A. 
Violation of any provision of this chapter may be enforced as a municipal infraction within the meaning of Iowa Code § 364.22, pursuant to Chapter 55, Article I of this Code of Ordinances.
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.