Article 3 Land Disturbance Permits – Construction Activity

Notwithstanding the provisions of Section 4-13-301, a land disturbance permit limited to clearing and grubbing activities may be issued by the City for a development project for which final site plan or final subdivision approval has not yet been granted or the final subdivision plat has not yet been recorded, provided that final application has been made and final engineering plans have been reviewed, signed by the City Engineer or designated representative, and released for construction.

The following shall be required to be submitted to, and receive approval from, the City Engineer prior to issuance of a limited land disturbance permit:

(a)

Preliminary title report, in a form satisfactory to the City Engineer and City Attorney, evidencing that the Developer is the vested owner of the property to be cleared and grubbed.

(b)

A separate set of engineering drawings and specifications which define the nature, extent and location of the clearing and grubbing activities to be performed. These drawings and specifications shall include a storm water pollution prevention plan (SWPPP) and revegetation plan, which meet the City's standards and ordinances.

(c)

Payment for the review and processing of the limited land disturbance permit, and estimated payment for inspection of the clearing and grubbing activities. Developer will be invoiced for the City staff time required to review and inspect the clearing and grubbing activities.

(d)

Separate revegetation and restoration bond(s) for the clearing and grubbing work and site restoration work to be performed, to ensure that final stabilization of the site will be achieved.

(e)

The Developer and Contractor must provide written verification that indicates that each understands and agrees to the following: i) the land disturbance permit for clearing and grubbing limits the work to that identified on the separate set of engineering drawings and specifications submitted and approved for clearing and grubbing; ii) work will be stopped if it exceeds that identified in the clearing and grubbing plans and specifications; and iii) Developer and Contractor will be jointly and severally responsible and liable for any damages caused by exceeding the scope of the clearing and grubbing plans and specifications. Developer and Contractor shall further warrant that they have received all applicable local, State and Federal permits for the work.

If the Developer or Contractor fail to comply with the provisions of the limited land disturbance permit, including but not limited to expansion of work beyond that identified in the limited land disturbance permit, the City may proceed with any enforcement provisions available under this Chapter.

§ 4-13-303 Exemptions.

The following activities do not require a land disturbance permit of any kind. Activities exempted from the land disturbance permit requirements set forth herein are subject to and shall be performed in accordance with the City Standards and Specifications and all other applicable ordinances, rules, regulations, standards and specifications of the City, State and Federal governments.

Actions by a public utility, the City, or any other governmental entity to remove or alleviate an emergency condition, including the restoration of utility service or the reopening of a public thoroughfare to traffic;

Actions by any other person when the City determines, and documents in writing, that the actions are necessary to remove or alleviate an emergency condition;

§ 4-13-304 Application for Land Disturbance Permit.

Construction activities disturbing less than 500 square feet of land surface area;

(4)

Residential landscaping activities disturbing less than 10,000 square feet of land surface area that are performed by the owner of the property;

(5)

Residential landscaping activities disturbing less than 7,000 square feet of land surface that are performed by a commercial entity.

(6)

Residential gardening;

(7)

Bona fide agricultural and farming operations, provided that the agricultural and farming operations constitute the principal use of the parcel and provided that such use of the parcel does not conflict with the City's zoning ordinance;

(8)

Springville City capital improvement projects, provided that storm runoff control measures are included in the bid specifications and plans for the special improvement project; and

(9)

Mowing, brush clearing, tree cutting or similar activities which do not grade, dig, excavate or otherwise remove or kill the surface growth and root system of the ground cover.

Application for a land disturbance permit shall be filed with the City Engineer on forms furnished by the City for such purpose and shall be filed at least thirty (30) days prior to the consideration of final site plan or subdivision approval. Applications shall include all the plans, specifications, reports, documentation and information required herein. Three (3) sets of all required plans, specifications and reports shall be submitted with each application. All such plans, specifications and reports shall be prepared and signed by a civil engineer, soils engineer, engineering geologist and/or landscape architect, as required by this Chapter and the City Standards and Specifications. Additional experts in applicable field should be utilized for preparation of such documents and reports as appropriate. No application shall be processed until all required plans, specifications, reports, documentation and information have been received by the City in accordance with the provisions and requirements of this Chapter.

§ 4-13-305 Plans and Specifications.

Each application for a land disturbance permit shall include the following plans, specifications, reports, documentation and information:

A vicinity sketch or other data adequately indicating the site location;

The property lines and dimensions and bearings of the property on which the work is to be performed;

§ 4-13-306 Storm Water Pollution Prevention Plan (SWPPP).

The location of any existing buildings or structures on the property where the work is to be performed and the location of any building or structure on the land of adjacent property owners, which building or structure is within fifty feet (50') of the property boundary;

(4)

The location of landmark trees as indicated by the designation of the location of the center of the trunk;

(5)

Accurate topography showing suitable contours of the existing and proposed ground elevations. The contours shall be extended past the boundary lines of any project for a minimum of one hundred feet (100'). The City Engineer may require the contours to be extended to include watershed areas and all other areas influencing the proposed project or site;

(6)

The elevations, dimensions, locations, extent, and slopes of all proposed land disturbance activities shown by contours or other means;

(7)

A certification, by a soils engineer, of the quantity and type of material of any proposed excavation and fill;

(8)

The estimated starting and completion dates for the proposed land disturbance activities and proposed land disturbance activities schedule and permit term;

(9)

Detailed plans of all drainage devices, walls, cribbing, dams, or other protective devices to be constructed in connection with, or as a part of, the proposed work, together with a map showing the drainage area and estimated runoff of the area served by the drains. All hydrologic and hydraulic calculations shall be signed by a civil engineer;

(10)

Temporary construction entrance and exit plan;

(11)

An indication as to the type of structure(s) to be constructed or the proposed use of the site, such as single-family residence, multiple-family development, commercial, or industrial; and

(12)

Any additional plans, drawings, or calculations required herein or by the City Engineer.

Unless an application of waiver is obtained in accordance with the provisions of this Chapter, each application for a land disturbance permit shall include a SWPPP. A SWPPP shall include sufficient information to evaluate the environmental characteristics of the project site, the potential impacts of all proposed development of the site, both present and future, on the water resources, and the effectiveness and acceptability of the measures proposed for managing storm water generated at the project site. The intent of this planning process is to determine the type of storm water management measures necessary for the proposed project, and ensure adequate planning for management of storm water run-off from future development. A SWPPP shall include the following plans and reports.

Grading plan prepared and signed a civil engineer.

Drainage Plan – Each SWPPP shall include a drainage plan for the proposed land disturbance activity and site. The drainage plan shall be prepared by a civil engineer.

Rear and Side Lot Drainage Swales – Swales located in rear and side yards shall be part of the grading and drainage plan.

(4)

Erosion and Sediment Control Plan – Each SWPPP shall include an erosion and sediment control plan for the proposed land disturbance activity and site. The erosion and sediment control plan shall be prepared by a civil engineer.

(5)

Revegetation Plan – Each SWPPP shall include a revegetation plan for the proposed land disturbance activity and site. The revegetation plan shall be prepared by an erosion control specialist or professional of comparable.

(6)

Soils Report – Each SWPPP shall include a soils report for the site. The soils report be prepared and signed by a soils engineer.

(7)

Geological Report – When deemed necessary by the City Engineer due to the circumstances and conditions of the site, a SWPPP shall include a geological report for the site. The geological report, when required, shall be prepared and signed by a engineering geologist.

(8)

Exploratory Work – Surface and subsurface exploratory work and reports may be required when deemed necessary by the City Engineer due to site conditions and/or hazards on the site. When required, such exploratory work and reports shall be performed and prepared by a soils engineer and/or engineering geologist.

(9)

BMPs – Each SWPPP shall include a description of the types of temporary and permanent non-structural and structural BMPs that will be used.

(10)

Previously Developed Site – For development or redevelopment occurring on a previously developed site, an applicant shall be required to include within the storm water management plan measures for controlling existing storm water runoff discharges from the site in accordance with the standards of this ordinance to the maximum extent practicable.

§ 4-13-307 Application Waiver.

The City Engineer may waive any application requirement, plan, specification or report when deemed unnecessary for the proposed application and for good cause showing. A request for an application waiver shall be submitted by the applicant in writing setting forth the grounds and reasons for the waiver. An application shall not be deemed complete for purposes of the filing of a completed application until the City Engineer has approved the application waiver request. Failure of the City Engineer to approve the request within sixty (60) days shall be deemed a denial.

§ 4-13-308 Fees.

All applicable fees shall be paid by applicant with the filing of an application for a land disturbance permit. An application will not be deemed complete until the required fees have been received by the City. The fee amount shall be as adopted by City Council.

§ 4-13-309 Review and Approval.

The City Engineer shall review the application, plans, specifications, reports, documentation and information filed by an applicant for a land disturbance permit. If the City Engineer determines that the application is incomplete, or that additional information is needed from the applicant regarding the proposed land disturbance activities, the City Engineer shall notify the applicant in writing of such deficiencies or the need for additional information. The City Engineer may also request review of the application, plans and specifications by other departments of the City for compliance with the laws and ordinances under their jurisdiction. Once satisfied that the work described in an application for land disturbance permit and the plans and specifications filed with the application conform to the requirements of this Chapter and other pertinent laws and ordinances, all applicable fees have been paid, and all required bonds have been provided, the City Engineer may issue a land disturbance permit to the applicant.

§ 4-13-310 Issuance.

The City Engineer shall provide the applicant with a written decision, within ten (10) days of final site plan or subdivision approval, regarding the approval or denial of the application for land disturbance permit and related plans and shall provide the applicant with a copy of such decision. If the application is approved, a copy of the land disturbance permit will be provided to the applicant.

§ 4-13-311 Conditions of Approval.

In granting any land disturbance permit pursuant to the provisions of this Chapter, the City Engineer or his or her authorized representative may attach such conditions as may be reasonably necessary to protect public health and safety. Such conditions may include, but will not be limited to:

The improvement of any existing site condition to conform to the standards of this Chapter;

Requirements for fencing excavations or fills which would otherwise be hazardous; and

§ 4-13-312 Denial of Land Disturbance Permits.

Requirements for access and haul routes. The City Engineer may impose conditions to the land disturbance permit with respect to access or haul routes to and from land disturbance activity sites, the hours of work, methods of controlling dust, and safety precautions involving pedestrian or vehicular traffic as determined required in the interest of the public health, safety and welfare.

A land disturbance permit shall not be issued in any case where it is determined by the City Engineer that the work proposed by the applicant is hazardous, or is likely to endanger any private property, result in the deposit of debris on any public way, or interfere with any existing drainage course.

A land disturbance permit shall not be issued if the land area for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property as determined by the City Engineer.

§ 4-13-316 Term of Land Disturbance Permits.

A land disturbance permit shall not be issued if the proposed land disturbance activity would not comply with the requirements of an approved site plan, subdivision plat, or any provisions of law, including the provisions of this Chapter.

§ 4-13-313 Approved Plans.

Prior to issuance of the land disturbance permit, the applicant shall provide the City with four (4) sets of the final plans, specifications and computations (full-size) and two (2) sets of 11x17-inch plans. Upon issuance of the land disturbance permit, the City Engineer shall endorse in writing, or stamp "Approved for Construction" on all required sets of plans and specifications. The City Engineer shall retain two (2) sets of the plans. Upon Approval, the City Engineer shall return one set of the final plans and specifications, stamped "Approved," to the applicant. The applicant shall retain the approved set of plans and specifications at the site covered by the land disturbance permit at all times during which the work authorized thereby is in progress.

§ 4-13-314 Modification of Plans.

No approved plans or specifications shall be changed, modified, altered or amended, without approval of the City Engineer in accordance with the procedures and requirements set forth herein for original approval of such plans and specifications. Modification of plans will require additional City review and will be subject to additional fees.

§ 4-13-315 Correction of Errors.

The issuance of a land disturbance permit based upon submitted plans, specifications and documents shall not prevent or preclude the right of the City from thereafter requiring the correction of errors which may be later discovered in such plans, specifications and documents.

Each land disturbance permit shall contain a specified term as determined by the City Engineer. The date the land disturbance permit expires shall be noted on the land disturbance permit. No person shall perform land disturbance, grading, relocation of earth or any other land disturbance activity beyond the expiration date, unless an extension of term is granted or a new land disturbance permit is obtained in accordance with this Chapter.

§ 4-13-317 Extension of Term.

Prior to expiration of the land disturbance permit, the land disturbance permit holder may apply for an extension of time in which to complete the work in a reasonable and expeditious manner. The City Engineer may grant an extension of time, upon a showing of good cause, for a period or periods not exceeding a total of one (1) year. Denial of an extension of time does not preclude the right of the land disturbance permit holder to apply for a new land disturbance permit for the remaining balance of the work. Adequate security or written consent from the surety must be provided for any extension of time before approval of the extension is granted or becomes effective. If the extension is denied, the City will have the right to make a demand on the bond and complete the work.

§ 4-13-318 Suspended or Abandoned Work.

Every land disturbance permit issued by the City Engineer under the provisions of this Chapter expires by limitation and becomes null and void if the land disturbance permit holder suspends or abandons the construction or work authorized by such land disturbance permit, at any time after the work is commenced, for a period of thirty (30) days or longer. After construction or work under a land disturbance permit has been suspended or abandoned for a period of thirty (30) days or longer, a new or renewed permit must be obtained prior to recommencing work.

§ 4-13-319 Renewal of Expired Land Disturbance Permit.

If a land disturbance permit has expired, a new land disturbance permit shall be obtained before any work can be recommenced. If no changes have been made or will be made to the original plans and specifications for such work, and any suspension or abandonment has not exceeded one (1) year, the fee for the new land disturbance permit will be one-half the amount ordinarily required for a new land disturbance permit. If changes have been made or will be made in the original plans or specifications for the land disturbance activity, or the suspension or abandonment has exceeded one (1) year, the fee for a new permit shall be required for a new permit for the proposed land disturbance activity.

§ 4-13-320 Suspension or Revocation of Permit.

The City may, in writing, suspend or revoke a permit when the permit is issued in error, or on the basis of incorrect information supplied, or when work conducted thereunder is in violation of the terms of the permit or the provisions of this Chapter or other applicable City Ordinances, rules, regulations, standards and specifications, or pertinent laws.

§ 4-13-321 Transfer or Assignment of Permit.

Land disturbance permits for site plan and subdivisions shall only be transferable or assignable when written approval is given by the City Engineer. Notwithstanding the previous sentence, a land disturbance permit issued to a contractor shall transfer to the owner of a residence at such time a certificate of occupancy is issued for the residence and a transfer of permit is executed by the contractor and delivered to the home owner.