The provisions of this ordinance shall be administered and enforced by the City of Calhoun building inspector (hereinafter "building inspector.")

It shall be unlawful to commence the excavation or filling of any lot for any construction of any building, or to commence construction of any building, or to commence the moving or alteration of any building or to commence the development of land for a use not requiring a building, until the building inspector has issued a building permit for such work.

All applications to the building inspector for building permits shall be accompanied by plans in duplicate, drawn to scale, showing:

1.

The actual dimensions of the lot to be built upon;

2.

The size of the building erected;

3.

The location of the building on the lot;

4.

The location of existing structures on the lot, if any;

5.

The number of dwelling units the building is designed to accommodate;

6.

The setbacks lines of buildings on adjoining lots;

7.

The layout of off-street parking and loading spaces;

8.

Any plans and studies required under the City of Calhoun soil and erosion control ordinance; and

9.

Such other information as may be essential for determining whether the provisions of this ordinance are being observed.

The building inspector may refuse to issue a building permit should the inspector, after a physical inspection of the lot and construction which is the subject of the permit application determine such construction and improvement would materially alter the flow of stormwater drainage and endanger the health, safety, welfare and property of the general public by utilizing one or more of the following criteria:

1.

Obviously physical obstruction of stormwater drainage.

2.

The location of the lot in an area historically known to flood with surface water drainage though not in a floodplain.

3.

The total area of any residential lot or apartment complex is more than 30 percent covered by impervious improvements such as, but not limited to, roof area, parking lots, driveways, patio areas, pools, pool decks, etc.

4.

Visible signs of erosion upon the subject property or upon properties in the immediate area.

5.

Any evidence, physical or historical, that the property or any part thereof is a natural collection area for stormwaters.

6.

Failure to have a grant or reservation of easement in writing in recordable form for use of the lot or adjoining property for stormwater drainage.

7.

Failure to plan and maintain a buffer area with adequate grass, trees, shrubs, etc. leading to excessive soil erosion and water runoff.

Any applicant denied a building permit by the building inspector under the provisions of section 11.3.1(a) may apply for a reconsideration of said building permit application provided such requested reconsideration is made in writing to the building inspector and accompanied by a written stormwater drainage plan which as a minimum shall include:

1.

A vicinity map indicating a north arrow, scale, boundary lines of the site, and other information necessary to locate the development site.

2.

A general description of the topographic and soil conditions of the development site.

3.

A narrative description of the stormwater management facilities to be used and their effects on the development and adjoining properties (piping, retention areas, grass, trees, ground cover, swales, etc.).

4.

A general description of the adjacent property and a description of the existing structures, buildings, and other fixed improvements located on surrounding property.

5.

A sketch plan to accompany the narrative, which shall contain:

a.

A site location drawing of the proposed project, indicating the location of the proposed project (buildings, driveways, parking lots, utilities, yards) in relation to existing roadways, jurisdictional boundaries, adjacent properties, drainage areas, easements, rights-of-way;

b.

All areas within the site, which will be included in the land disturbing activities, shall be identified, drawn, and the total disturbed area calculated as square feet and percentage of the total site;

c.

Anticipated starting and completion dates of the various stages of land disturbing activities and the expected date the final stabilization will be completed;

d.

Stormwater flows, conveyances, and directions will be included in the narrative and sketch plan. Estimated volumes and velocities shall be shown;

e.

How and who will be responsible for operating and maintaining the stormwater management plan in the future.

f.

The stormwater management plan shall be certified by the person(s) responsible for the land disturbing activity.

Any building permit issued shall become invalid unless the work authorized by it shall have been commenced within six months of the date of issue or if the work authorized by the permit is suspended or abandoned for the period of one year.

Any person violating any provision of this ordinance may be tried upon a citation or upon an accusation and, as provided for in section 1-7 of the City of Calhoun Code of Ordinances, shall be punished by a fine not to exceed $1,000.00, imprisonment for a term not exceeding six months, or both. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense.

In case any building is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building or land is used in violation of this ordinance, the building inspector, or any other appropriate city authority or any person who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceeding to prevent the violation in the case of each building or use of land.