As used in this article, unless from the context a different
meaning is intended, or the Code directs that a different definition
is to be applied to a provision, the terms or phrases used herein
shall have those meanings and definitions as set forth here in this
chapter.
The issuance and approval of a land disturbance permit is subject
to and contingent upon compliance with this article and all other
City permits, the Code of the City of Mission Woods, other City regulations
and other requirements specific to the development during the duration
of the land disturbance; and such land disturbance permit may be revoked
or withdrawn upon a failure to comply with this article. The failure
to comply with the requirements stated in this article shall be unlawful
and shall constitute a violation of this article. No person shall
authorize or maintain a land disturbance activity without first obtaining
any land disturbance permit required by this article. The landowner
of the land upon which a land disturbance activity takes place shall
be the person responsible for obtaining any required land disturbance
permit, except for work conducted in the right-of-way or utility easements.
The person or construction site operator conducting land disturbance
activities in the right-of-way or in a utility easement shall be responsible
for obtaining any required land disturbance permit.
(a) A land disturbance permit is required as necessary to permit the
City to meet its permit requirements under the National Pollutant
Discharge Elimination System permit or as required by law, or for
the following land disturbance activities (specific requirements may
vary pursuant to the Mission Woods Design Standards):
(1)
The cumulative disturbance of an area greater than or equal
to one acre;
(2)
The disturbance of any part of a larger common plan of development
or sale that, when completed, will disturb a cumulative area of greater
than or equal to one acre.
(b) A land disturbance permit is not required for the following:
(1)
Work to correct or remedy emergencies, including situations
that pose an immediate danger to life or property;
(2)
Landscaping or home gardening;
(3)
Reestablishment of lawn areas; or
(4)
Agricultural uses, with the exception that if the Director determines
that erosion and sediment controls are needed, then the following
standards or permits may be required to be implemented and maintained:
a.
United States Department of Agriculture Natural Resources Conservation
Service Erosion and Sediment Control Standards; or
b.
A land disturbance permit may be required.
(c) A land disturbance permit application shall include, but is not limited
to, the following minimum submittal requirements:
(1)
A site-specific erosion and sediment control plan that complies
with this article and the Mission Woods Design Standards.
(2)
A site-specific grading plan that complies with this article
and the Code of the City of Mission Woods, the Mission Woods Design
Standards, and other applicable Mission Woods policies and administrative
statements.
(3)
A stormwater pollution prevention plan (SWPPP) that complies
with this article and the Mission Woods Design Standards. The SWPPP
must be in compliance with the State of Kansas KDHE general permit
for NPDES stormwater runoff from construction activities.
(4)
Contact information for the applicant, construction site operator,
project owner, qualified erosion control specialist, and inspector.
(6)
Duration of land disturbance.
(7)
Security as required by this article.
(8)
Permit fee as authorized by this article.
(d) The construction site operators required to be identified in the
application shall be trained in erosion and sediment control practices,
shall maintain a copy of the SWPPP on the project site and shall comply
with all the requirements of the LDP.
(e) The land disturbance activity described in the land disturbance permit
application shall be commenced within the time limits defined on the
application. The land disturbance activity described and authorized
in the land disturbance permit application shall adhere to the schedule
defined in the land disturbance permit application or be subject to
additional fees defined in this article.
(f) The land disturbance permit application, erosion and sediment control
plans and all other LDP requirements shall be prepared under the supervision
of and seated by a professional engineer or landscape architect licensed
in the State of Kansas who has received a minimum of eight hours'
classroom instruction in sediment and erosion control taught by a
qualified erosion control specialist.
(g) A qualified erosion control specialist shall be authorized by the
permit holder of the land disturbance permit and identified on the
land disturbance application as the person responsible to manage and
ensure that all work is in compliance with the SWPPP and all requirements
of the land disturbance permit approved by the City.
(h) A land disturbance permit not being required for a site does not
exempt a site from following the basic erosion control practices defined
in the Mission Woods Design Standards.
(i) If the land disturbance activity threatens or impedes the ability
of the City to meet its own permit requirements under the NPDES stormwater
discharge permit, the Director may require any person to obtain a
land disturbance permit in full compliance with this article.
(j) Every permit shall expire based on the time limits defined in the
application.
(k) No person required by this article to obtain a land disturbance permit
shall authorize or maintain a land disturbance activity or a site
of construction which is not maintained at all times in compliance
with the site-specific erosion and sediment control plan approved
by the Director.
(l) No person shall permit, authorize or maintain a land disturbance
activity or a construction activity until all erosion and sediment
control measures identified in this article have been installed, inspected,
and approved in accordance with this article.
(m) No person required by this article to obtain a land disturbance permit
shall fail to obtain a satisfactory final inspection and City approval
of the full site restoration in compliance with all requirements of
this article, prior to the expiration of the land disturbance permit.
The persons responsible for compliance with this article shall
include, jointly and severally:
(a) The landowner and/or occupant of the property upon which a land disturbance
or construction activity takes place. When a land disturbance permit
and/or site development permit is issued, the landowner is responsible
for land disturbance activities from permit issuance to closure, unless
the City approves a transfer of responsibility to a new landowner
when land is sold.
(b) The person who submits or to whom a land disturbance permit is issued
that relates to the property upon which a land disturbance activity
or construction activity takes place.
(c) The person who submits, or requests a waiver of, the site-specific
erosion and sediment control plan that relates to the property upon
which a land disturbance activity or construction activity takes place.
(d) Any person who engages in, permits, manages, or participates in a
land disturbance activity or construction activity.
(e) Construction site operators.
If any part or parts of this article shall be held to be invalid,
such invalidity shall not affect the validity of the remaining parts
of this article. The governing body hereby declares that it would
have passed the remaining parts of this article if it had known that
such part or parts thereof would be declared invalid.
Neither the adoption of this article nor the future repeal or
amendment of any section or part or portion thereof shall in any manner
affect the prosecution for violation of this article, nor be construed
as a waiver of any license, fee or penalty at said effective date
and unpaid under any provision of the Code of the City of Mission
Woods, nor be construed as affecting any of the provisions of the
Code of the City of Mission Woods relating to the collection of any
such license, fee or penalty, or the penal provisions applicable to
any violation thereof, nor to affect the validity of any bond or cash
deposit in lieu thereof required to be posted, filed or deposited
pursuant to any provision of the Code of the City of Mission Woods,
and all rights and obligations thereunder shall continue in full force
and effect.