(a)

Land use compliance. Unless specifically provided elsewhere in this chapter, no building, structure, or parcel of land shall hereafter be used or occupied and no building, structure, or part thereof shall be erected, converted, moved, or altered except for a use permitted within the zoning district in which it is located. Any use that is not specifically listed as a permitted use or a special exception within the applicable zoning district shall be prohibited, unless authorized by the board of adjustment as a new use under the provisions of section 30-140.

(b)

Exception for utility transmission poles and lines. Utility structures, including, but not limited to, poles, wires, cross arms, transformers attached to poles, guy wires, insulators, conduits and other facilities necessary for the transmission or distribution of electric power or to provide telephone, telegraph, cable, or fiber optic service and pipe lines, vents, valves, hydrants, regulators, meters and other facilities necessary for the transmission or distribution of gas, oil, water or other fluids, may be constructed, erected, repaired, maintained or replaced within the city. This exception is not to be construed to include the erection or construction of buildings or electric substations.

(c)

Exception for railroad tracks and equipment. Railroad facilities, including main line tracks, switching spurs, control signals, poles, and wires or similar facilities (but not yards or service facilities) needed for train operations, may be constructed, repaired, maintained, or replaced in any district. However, all other associated structures and uses, such as terminals (including passenger or freight stations), team tracks, equipment/repair sheds, and storage yards shall be permitted only in the M-1 Zoning District.

(Ord. No. 0-231-04, art. III(§ 1), 3-22-2004)

It is the intent of this chapter that no more than one principal use structure shall be located on any single lot of record, plus any permitted accessory structures. Unless specifically provided elsewhere in this chapter, accessory structures shall not include functionally independent living quarters.

(Ord. No. 0-231-04, art. III(§ 2), 3-22-2004)

(a)

Height of structures. In each district, each structure hereafter erected or altered shall not exceed the height limits specified in this chapter. Height limitations shall not apply to church steeples, barns, silos, farm structures, chimneys, flag poles, public utility poles, radio and television towers and all such structures that are specifically exempted from local zoning regulations by applicable federal law, nor to cooling towers, water tanks, and similar structures not intended for human occupancy.

(b)

Intensity of use. Each building and lot shall not be used or occupied hereafter by more families or for a higher intensity of use than permitted in the zoning district in which it is located.

(Ord. No. 0-231-04, art. III(§ 3), 3-22-2004)

(a)

In residential districts. Accessory structures in residential districts or the agricultural district, or any lot used primarily for residential purposes, shall conform to the following regulations:

(1)

Accessory structures (with the exception of a fully enclosed garage) shall be permitted in the rear yard only. Accessory structures shall not exceed the height of the principal use structure, shall not cover more than 30 percent of the rear yard, and shall be located at least five feet from all lot lines.

(2)

A fully enclosed garage that is not attached to the principal building by a breezeway, passageway, or similar means shall be permitted within the side yard, provided that no portion of the garage structure shall protrude into the front yard and provided that the siting of the garage shall comply with all applicable side yard setbacks.

(3)

When an accessory building is attached to the principal building by a breezeway, passageway, or similar means, it shall comply with the yard requirements of the principal building to which it is attached.

(b)

In nonresidential districts. On any lot within a nonresidential zoning district that shares a side lot line with a lot in a residential zoning district, no part of any accessory structure shall be located within five feet of the common property line, nor shall any part of such accessory structure shall be located within 60 feet of the front lot line.

(c)

Minimum separation. Except as herein provided, no accessory building shall be located closer than five feet to a lot line, nor closer than ten feet to a principal building or to any other accessory building on the same lot.

(d)

Timing of placement. No accessory structure shall be placed or erected on a lot of record before construction or placement of a permitted principal use structure. This provision shall not be interpreted in a manner that would prohibit the placement of a permitted temporary use structure during the construction or reconstruction of a permitted principal use structure.

(Ord. No. 0-231-04, art. III(§ 4), 3-22-2004)

(a)

Minimum lot size. All lots created after the effective date of the ordinance from which this section is derived shall comply with the minimum lot size requirements for the zoning district within which they are located.

(b)

Yard reduction. Except as herein provided, no lot shall be reduced in area so that yards and other open spaces total less than the minimum area required under this section.

(c)

Minimum frontage. All lots shall have a minimum frontage of not less than 40 feet along a public street or a private street dedicated for public use and constructed in accordance with all applicable city street standards. The minimum required frontage shall be reduced to 30 feet for lots fronting on the turn-about at the end of a permanent cul-de-sac.

(d)

Minimum lot width-to-length ratio. No part of any lot shall be narrower than one foot for each three feet of length as measured along the longest side boundary of the lot.

(Ord. No. 0-231-04, art. III(§ 5), 3-22-2004)

(a)

Required yards and open spaces. In each district, each structure hereafter erected or altered shall be provided with the yards specified, and shall be on a lot of the area and width specified in this section. No open space or lot required for a building or structure shall, during its life, be occupied by or counted as open space for another building or structure. Except as hereafter provided, no yard or other open space provided about any building, nor the off-street parking and loading spaces required for the purpose of complying with the regulations of this section, shall hereafter be included as a part of a yard or other open space, or the off-street parking or loading spaces, for any other building.

(b)

Yards and open spaces on substandard lots. Where the owner of a property has, at the time of adoption of the ordinance from which this chapter is derived, a lot of official record which is substandard to the requirements of the district in which they are located according to this chapter, the building and its accessory structures may be built, provided:

(1)

The yard space and other requirements conform as closely as possible, in the opinion of the board of adjustment, to the requirements of the district in which the property is located.

(2)

That neither side yard shall be reduced to less than five feet.

(3)

No building shall be required to set back more than the average of the front yard setbacks of the existing residences within 100 feet each side thereof, but in no case shall the front yard setback of any building hereafter erected or altered be less than 20 feet from the street right-of-way line.

(c)

Swimming pools. In a residence district, no required yard except the rear yard shall be used for the location of a private swimming pool and, if constructed, said pool shall be enclosed by a fence of not less than four feet in height, provided that the owner of any existing pool shall be allowed a period of six months from the effective date of the ordinance from which this chapter is derived in which to provide a fence for such pool as herein required. No accessory mechanical equipment or portion of a pool shall be within ten feet of any lot line.

(Ord. No. 0-231-04, art. III(§ 6), 3-22-2004)

(a)

Properties abutting existing improved public streets. When any required yard abuts a street or roadway with an existing public street right-of-way of 40 feet or more, the setback shall be the standard setback required in that zoning district. The setback shall be measured from the property line.

(b)

Properties abutting dedicated rights-of-way. When any required yard abuts a public or private street or roadway with a dedicated right-of-way of less than 40 feet, the setback shall be not less than 25 feet, plus any additional setback required by the minimum dimensional requirements for the applicable zoning district. The setback shall be measured from the centerline of the existing improved roadway. If no improved roadway has been constructed within the right-of-way, then the 25-foot setback shall be measured from the centerline of the dedicated right-of-way.

(c)

Properties abutting street or roadways without dedicated rights-of-way. When any required yard abuts a public or private street or roadway without a dedicated right-of-way, the setback shall be not less than 25 feet, plus any additional setback required by the minimum dimensional requirements for the applicable zoning district. The setback shall be measured from the centerline of the existing improved street or roadway.

(Ord. No. 0-231-04, art. III(§ 7), 3-22-2004)

On lots having frontage on more than one street, the side or rear yard setback along said secondary street shall not be less than the required front yard setback for the applicable zoning district. Where this requirement, as applied to a double frontage lot, would cause a building on a developed block to be set back from the street line a distance that would be inconsistent with the established setback on that block, the enforcement officer may approve a special setback requirement which shall not exceed the average of the building setbacks on the adjacent lots.

(Ord. No. 0-231-04, art. III(§ 8), 3-22-2004)

No building for human occupancy shall be erected without unrestricted vehicular access of at least 25 feet to a public street or a private street dedicated for public use and constructed in accordance with all applicable city street standards.

(Ord. No. 0-231-04, art. III(§ 9), 3-22-2004)

(a)

Height on residential properties. Fences or walls may be erected, placed, maintained, or grown along a side or rear lot line on residentially zoned property, or adjacent thereto, to a height not exceeding eight feet above the ground. Fences or walls located in a required front yard shall not exceed a height of four feet, except as required to provide a retaining wall. Within the first 20 feet from the right-of-way line within a required front yard, the height shall not exceed 2½ feet. Where such lot line is adjacent to a nonresidentially zoned property, fences and walls may be maintained at a height not exceeding ten feet.

(b)

Height on nonresidential properties. No fence or wall erected, placed, maintained, or grown along a lot line on any nonresidentially zoned property shall exceed a height of eight feet, except as may be required to construct a retaining wall.

(c)

Prohibited materials. Barbed wire or razor wire shall not be used as fencing for any residential property.

(Ord. No. 0-231-04, art. III(§ 10), 3-22-2004)

On any corner lot, nothing shall be erected, placed, or grown in such a manner as to limit or obstruct traffic visibility at the street intersection. A clear sight triangle shall be maintained upon such lot, such sight triangle beginning at the intersection of the two lot lines along the street and running along each lot line for 20 feet; the third leg of the triangle is formed by connecting the other two legs of the triangle. Within such sight triangle, nothing shall be erected, placed, or grown taller than a height of 30 inches above the centerline grades of the intersecting streets.

(Ord. No. 0-231-04, art. III(§ 11), 3-22-2004)

Stormwater runoff from construction sites and urban development is a significant source of surface water contamination. Since the clean groundwaters and surface waters are important economic resources to the city, new development and construction activity must be designed to minimize on-site erosion and the resulting sedimentation of off-site water resources that can be generated by stormwater runoff. Therefore, no final inspection of a development site shall be conducted by the city until the developer has complied with all applicable requirements of this section. The city may request assistance from the natural resource conservation district or other qualified experts in evaluating the applicant's proposed measures to comply with these requirements.

(1)

Exempt activities. The following activities shall be exempt from these stormwater management requirements:

a.

Minor land disturbing activities normally associated with single-family uses, such as home gardens, landscaping, building repairs or alterations, swimming pool installation, or other related, low-impact activities.

b.

Construction of a single-family dwelling on an individual lot and the installation or replacement of a manufactured home.

c.

Agricultural practices or the construction of farm buildings, when conducted in full compliance with all applicable best management practices.

d.

Private and commercial forestry activities, when conducted in full compliance with all applicable best management practices and with all applicable requirements specified in section 30-89.

(2)

ADEM permit required. It shall be the developer's responsibility to secure compliance with all applicable state department of environmental management (ADEM) construction stormwater management administrative code rules, as amended, and/or any applicable ADEM construction site permit requirements, which are designed to prevent/minimize, to the maximum extent practicable, the discharge of sediment and other pollutants in construction stormwater runoff to ensure the protection of water quality in accordance with applicable federal and state law. Applicants subject to this requirement shall provide evidence that a stormwater discharge permit has been issued by ADEM prior to the issuance of a zoning permit by the enforcement officer.

(3)

Tie-in required. All proposed drainage improvements shall tie into any existing manmade or natural drainageways along the existing public streets adjoining the development site. Under no conditions shall stormwater drainage be emptied into the sanitary sewer system or vice-versa.

(4)

Basic guidelines. Stormwater management measures shall be designed in accordance with all applicable best management practices for the proposed type of construction activity. Appropriate short-term (during construction) and long-term (after construction is complete) measures shall be applied to minimize potential erosion of disturbed soils on the development site. All slopes on the development site in excess of ten percent grade shall be permanently stabilized through the use of natural vegetation (preferably native vegetation), retaining walls, terracing, or a combination, as may be appropriate. Development sites which will contain more than 20,000 square feet of impervious surfaces or upon which more than 50 percent of the total lot area will consist of impervious surfaces shall contain adequate stormwater management facilities (detention or retention basins, drainageways, storm drains, etc.) to accommodate on-site and safely release or transmit the runoff that would be generated by a 25-year storm event, without causing an increase or surge in the volume and velocity of off-site peak stormwater runoff over the pre-development state.

(5)

Creative and innovative polluted runoff management practices. Where feasible and appropriate, proposed developments may incorporate creative and innovative design to minimize the impacts of polluted runoff on the environment. Such design features may include, but are not limited to, undisturbed natural buffers between impervious surfaces and adjoining streams and drainageways, maximum retention of existing mature trees on building lots, the use of seeded shallow "V" drainage swales (with stabilized cut slopes not to exceed a ten percent grade) rather than concrete curb and gutter, the use of porous pavement surfaces for parking lots, service roads, alleys, and culs-de-sac, the use of crushed gravel or turf parking areas for small parking lots or spillover parking areas, and the creation of wetlands for stormwater detention and retention, and other practices as may be appropriate to address on-site stormwater drainage needs. Such creative and innovative design features should be used in the following development settings:

a.

Where they will be compatible with existing off-site stormwater management infrastructure improvements serving the drainage basin; and

b.

Where appropriate to adequately and safely accommodate the stormwater runoff that would be generated by the proposed level of impervious surfaces without the need for excessive perpetual maintenance.

(6)

Lot drainage standards. The following design requirements for lot drainage shall be satisfied in each stormwater management plan:

a.

A positive slope of finish grade shall be provided around each structure to direct water away from all foundations, slabs, or footings;

b.

Side lot swales shall be utilized, as necessary, to direct lot drainage into public drainage improvements or easements;

c.

Roof drains shall be utilized to prevent soil erosion and to prevent the accumulation of stormwater runoff along structure foundations and footings. Such drains shall be directed away from structures and into swales or other drainage facilities;

d.

Driveway culvert pipes shall be the proper size to safely transmit design storm event drainage waters. The inside diameter of such culvert pipe shall be at least 15 inches, and shall consist of either metal pipe or a class three concrete pipe;

e.

All driveway and service drive piping shall be installed on an appropriate grade to prevent standing water.

(7)

Erosion and sediment control. The following erosion and sediment control measures shall be observed for the construction and maintenance of all stormwater management facilities:

a.

Roadside ditches, swales, and embankments within each dedicated right-of-way or drainage easement shall be properly stabilized in accordance with applicable best management practices to prevent excessive erosion from cut slopes;

b.

It shall be the developer's responsibility to provide the necessary measures to ensure that clearing, grubbing, grading, landscaping, and other construction activities do not adversely affect the drainage structures that are essential to overall stormwater management and control;

c.

It shall be the developer's responsibility to ensure proper implementation, regular inspection, and continual maintenance of effective best management practices for construction site erosion and sediment control;

d.

It shall be the developer's responsibility to promptly remove and/or remediate, to the extent practicable, any off-site sediment from the development site that is washed or deposited into municipal stormwater drainage facilities.

(8)

Stormwater management on privately owned common open space lands. Where any stormwater management improvements are to be constructed on common open space lands within the development, such improvements shall be subject to special maintenance provisions as required in section 30-84. The city shall assume no responsibility or liability for the continued, maintenance, improvement, or repair of privately-owned stormwater management facilities.

(Ord. No. 0-231-04, art. III(§ 12), 3-22-2004)

Haphazard and speculative clearing of property with no site plan shall be discouraged. Soil erosion, sedimentation and/or other degrading of development sites can result from speculative clearing. Such erosion and sedimentation, when washed into the municipal stormwater drainage system, can impair and pollute public waters. Federal and state requirements promulgated by the environmental protection agency and the state department of environmental management require the city to minimize and prevent these water quality impacts by encouraging all new development to apply appropriate best management practices within development plans. It is the intent of this article to protect the public health, safety and welfare of the citizens and the environment in which they live by guiding, regulating, and controlling the design, construction, use and maintenance of any development or other activity which breaks the topsoil, results in the movement of earth or soil, or removes natural or cultivated vegetation, and thereby increases the possibility of soil erosion, sediment deposits or flooding.

(1)

Applicability. All development, whether or not subject to the permit requirements of this article, shall be subject to the applicable standards, guidelines, and requirements set forth in this section.

(2)

Permit required. Except as otherwise exempted or allowed in this section, no person shall commence or perform any removal, grading, clearing, stripping, excavating, filling, or development on any site, without first obtaining a land disturbance and erosion control permit from the city.

(3)

Exemptions from permit requirements. A permit shall not be required for any of the following:

a.

Installation, renovation, or replacement of a septic system to serve an existing dwelling or structure subject to existing city or county ordinances, regulations and policies regarding same.

b.

Repair work by utilities as long as such repair work is performed in compliance with this article.

c.

The selective removal of dead or dying trees, shrubs, or other vegetation where no major disturbance of the soil shall occur, provided that such activities are conducted in compliance with the applicable requirements of section 30-89.

d.

The establishment of a garden plot for the growing of vegetables, fruits, and other produce for home or family consumption.

e.

Minor land disturbing activities normally associated with single-family uses, such as landscaping, building repairs or alterations, swimming pool installation, or other related, low-impact activities that disturb less than one acre of land.

f.

Construction of a single-family dwelling on an individual lot and the installation or replacement of a manufactured home in accordance with a properly issued building permit and in full compliance with any required erosion control measures stipulated by said permit.

g.

Agricultural practices or the construction of farm buildings, when conducted in full compliance with all applicable best management practices.

h.

Private and commercial forestry activities, when conducted in full compliance with all applicable best management practices and with all applicable requirements specified in section 30-89.

(4)

Definitions.

a.

Additional definitions that may apply to this section are contained in section 30-6.

b.

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Clearing means the cutting of trees, shrubs, brush or other vegetation or structures.

Drainage means the removal of surface water or groundwater from a given area either by gravity or pumping.

Drainageway means a ditch, levee, watercourse, channel or other natural or artificial condition for the removal of surplus or excess surface water collecting or accumulating on the land.

Erosion means the natural wearing away of the land by the action of running water, and/or wind.

Erosion, accelerated, means an increased wearing away of the land by the action of running water and/or wind resulting from the development of land, destruction of vegetative cover, or other activity of man.

Excavating means any act by which organic matter, earth, soil, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced or relocated.

Exposed land means land from which vegetative cover and/or topsoil has been removed.

Fill means any act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported, or moved by man to a new location.

Grade, existing, means the vertical location of the existing ground or other surface prior to excavation or filling.

Grade, final, means the vertical location of the ground or other surface after the grading work is completed in accordance with submitted plans and permits.

Grade, rough, means the vertical location of the ground or other surface after the commencement of grading but prior to the establishment of final grade.

Grading means excavating, filling, or any combination thereof.

Parcel means all contiguous land under single ownership and/or unified control or all land included within an erosion control plan.

Permittee means any person to which a land disturbance/erosion control permit is issued.

Removal means removing vegetation (including ground cover) to the ground and complete extraction of tree stumps by cutting, burning, chemical application or other means.

Sedimentation means the process of forming and depositing of suspended matter carried in suspension in water through the action of gravity.

Settling. See Sedimentation.

Site means a parcel of land where grading work is performed as a single unified operation.

Site engineer means a registered professional engineer employed by the developer to prepare an erosion control/site plan and to monitor site development activities.

Storm event of 25-year frequency means a storm that has a four percent probability of being equaled or exceeded during any year. A less frequent storm is a storm that has a lower probability of being equaled or exceeded during any year, i.e., a 50-year storm has a two percent probability of being equaled or exceeded during any year and a 100-year storm has a one percent probability of being equaled or exceeded during any year. The frequency of storm events shall be based on the amount of rainfall which occurs in any 24-hour period in accordance with the criteria in the following chart prepared in Technical Paper #40 by the U.S. Weather Bureau.

Stripping means any activity which relocates topsoil and vegetation from the site or relocates topsoil for later use on the site.

Structure, hydraulic, means any engineering structure for the purpose of regulation and control of water.

Structure, temporary, means any structure used to retard erosion or limit the flow of water constructed of nondurable materials in a manner to ensure temporary control of water flow rates for beneficial use over a short period of time, i.e., one or two seasons.

Watercourse means a channel in which a flow of water occurs, either continuously or intermittently and if the latter, with some degree of regularity. Such flow must be in a definite direction and cover a prescribed area. Watercourses may be either natural or artificial and both may occur either on the surface or underground.

(5)

Land disturbance and erosion control guidelines and requirements. Measures taken to control erosion and sedimentation should be adequate to ensure that sediment is not transported from the site by storm events of one-, five-, ten-, and 25-year frequency. The following principles shall apply to all development activities within the city and to the preparation of the submissions required under subsection (6) of this section. These principles shall be followed by the site engineer as part of the required erosion control plan:

a.

Site development should be planned so that it is consistent with and conforms to the topography and soils of the site so as to prevent and minimize soil erosion. Radical cuts and fills should be avoided in areas of steep slopes. Natural contours should be maintained as much as possible.

b.

Natural vegetation should be retained and protected wherever possible. Areas immediately adjacent to natural watercourses should be left undisturbed wherever possible.

c.

Soils exposed during site development should be limited to the smallest working area practicable, for the shortest period practicable and during periods of the least intense rainfall. Stripping and excavation should be minimized. Vegetative cover should be restored at the earliest possible time. Large topsoil stockpiles and land removal of topsoil should be minimized. Topsoil stockpiles should be re-vegetated during periods of extended use or storage.

d.

Sediment basins, debris basins, de-silting bins, or silt traps or filters should be installed and maintained to remove sediments generated by development activity from stormwater runoff.

e.

The selection of erosion and sedimentation control measures should be based upon the probable frequency of climatic and other events likely to contribute to erosion and upon an evaluation of the risks, costs, and benefits involved.

f.

Aesthetics, public health and the requirements of continuing maintenance should be considered in the design and implementation of erosion control facilities and practices as part of an erosion and sedimentation control plan.

g.

Provisions should be made to accommodate the increased water runoff caused by changed soil and surface conditions during and after development. Drainageways should be designed and constructed so that their final gradients and the resultant velocities of water will not create additional erosion on or beyond the site.

h.

Permanent (post-construction) vegetation and hydraulic structures should be established and installed as soon as practicable during development.

i.

No stormwater runoff shall leave the site after initial ground disturbance without proper mitigation by erosion and sedimentation control measures.

j.

Soil erosion and sediment control measures shall be incorporated into any stormwater management plan that may be required under section 30-42.

(6)

Application for permit. Application for a land disturbance and erosion control permit shall be made by the owner of the property or his authorized agent to the enforcement officer on a form furnished for that purpose. Each application shall include the names and addresses of the owner, developer of the site, any person retained by the applicant as site engineer, and the individual who will act as the principal contact for the site engineer. Each application shall be accompanied by the appropriate application fee.

(7)

Land disturbance and erosion control plans. Each application for a permit shall be accompanied by the following plans, data, and information:

a.

A vicinity map in sufficient detail to enable easy location of the site, including the boundary lines and approximately acreage of the site, existing zoning, and a legend and scale. A legal description of the site must also be provided.

b.

A plan showing:

1.

Existing topography of the site and adjacent land within 100 feet of the site boundary, drawn at no greater than five-foot contour levels and clearly portraying the topography and drainage pattern of the area, including any and all existing stormwater drainage improvements.

2.

The location of existing buildings, temporary structures, utilities, water bodies, floodplains, hydraulic structures, paved areas, and other significant natural or manmade features on the site and adjacent land within 100 feet of the boundary.

3.

A general description of the predominant soil types on the site to the depth of intended excavation, their location, and their limitations for the proposed use.

4.

Proposed use of the site, including present development and planned development and utilization; areas of excavation, grading, and filling; proposed contours, finished grades, and street profiles; provisions for storm drainage, including the control of accelerated erosion, with a drainage area map and computations which addresses the need for any stormwater retention devices; kinds and locations of utilities; and areas and acreage proposed to be paved, covered, sodded, seeded, stabilized by vegetation, or left undisturbed.

c.

A plan showing proposed erosion and sedimentation controls, including:

1.

All erosion control devices, structures or measures necessary to comply with this section, including the stormwater management provisions contained in section 30-42. The erosion control plan shall show all such devices, structures or measures to be employed temporarily during development and permanently upon completion of development. These measures s hall be shown on the detailed grading plan.

2.

Seeding mixtures and rates, types of sod, method of seed bed preparation, expected seeding dates, type and rate of lime and fertilizer application and kind and quantity of mulching for both temporary and permanent vegetative control measures.

3.

Provisions for maintenance of erosion control devices, structures or measures, including easements and estimates of the cost of maintenance of any easements.

4.

As a minimum measure, staked bales of hay or acceptable alternatives shall be properly placed around the frames of all open lid structures during construction to prevent sediment from clogging sewers and ditches and polluting or silting drainage facilities, watercourses or bodies of water.

5.

The person or agent who will be responsible for the implementation and maintenance of temporary and/or permanent erosion control devices, structures or measures during the development process and after developed and completed.

6.

That the proposed land disturbance and erosion control plan is consistent with existing or planned development of other parcels which may be affected by, or which may affect development of the subject parcel.

d.

The proposed phasing/grading plans for development of the site, including stripping and clearing, rough grading, construction, final grading and landscaping. Documentation on plans should reflect phasing of such development activities and identify a schedule of expected dates on which each phase will begin, the estimated duration of each phase in number of days, including the estimated duration of exposure of stripped and cleared areas, and the sequence of stripping and clearing, installation of temporary and permanent erosion control devices, structures or measures, final grading, installation of hydraulic structures, paving streets and parking areas, and establishment of permanent vegetative cover.

e.

The land disturbance and erosion control plan shall conform to and demonstrate compliance with applicable established city policy regarding excavating and grading.

(8)

Agreement; waiver. An application for a land disturbance and erosion control permit shall constitute the applicant's agreement to develop the site in accordance with the requirements of this section and the plan approved by the enforcement officer. Specific requirements under this section for the content of the submitted plan may be waived or modified in a written agreement approved by the city council if the city council first determines that development of the parcel in accordance with the land disturbance and erosion control plan submitted will conform with the general principles and purposes of this section.

(9)

Bond requirements. Prior to the issuance of a land disturbance and erosion control plan permit, the applicant shall submit a corporate surety bond or other financing surety containing substantially the provisions set forth in this section to guarantee completion of the land disturbance and erosion control plan.

(10)

Review and approval. Each application for a land disturbance and erosion control permit shall be reviewed and acted upon according to the following procedures:

a.

After receiving an application, the city engineer and/or enforcement officer will review each application to determine its conformance with the provisions of this section. The enforcement officer may also refer any application to the appropriate soil and water conservation district and/or any other government or public agency within whose jurisdiction the site is located for review and comment. Any additional fees incurred by such a referral shall be paid by the person applying for the permit.

b.

A land disturbance and erosion control permit may be issued by the enforcement officer after approval of preliminary engineering plans for the site and the submission of detailed final engineering plans, all in accordance with this section. All work undertaken by the applicant pursuant to the permit shall be subject to all modifications necessary to comply with the approved final engineering plans for the site. By undertaking any work pursuant to the permit prior to approval of final engineering plans by the city engineer/enforcement officer and any other government or public agency having jurisdiction of the site, the applicant acknowledges and agrees that all modifications necessary to comply with approved final engineering plans or the requirements of such other government or public agency shall be performed and completed by the applicant at his sole cost and expense.

c.

The enforcement officer shall approve the issuance of a land disturbance and erosion control plan permit upon submission, review and approval of an application, erosion control plan, and a bond. A land disturbance and erosion control plan permit may be issued only after approval of preliminary engineering plans for the site and the submission of detailed final engineering plans in accordance with this section. The applicant must also obtain all permits or approvals required by any other government or public agency, including an NPDES permit from the state department of environmental management if the area to be disturbed exceeds the applicable permit threshold requirement. The enforcement officer's approval or disapproval of each application shall be attached to any building permit that may be issued for construction on the site.

(11)

Record drawings. The applicant shall provide the engineering department with reproducible record drawings upon completion of the project in compliance with the procedures and standards established by the enforcement officer. The enforcement officer shall have the authority to establish written procedures and standards for the content, review, and approval of record drawings for the purpose of establishing that projects have been completed in conformance with the requirements of this section.

(12)

Inspection. The enforcement officer and/or the city engineer shall make such periodic inspections of the work as may be appropriate in their discretion and shall either approve that portion of the work completed or shall notify the permittee how the work fails to comply with the approved plan. A copy of the plan shall be maintained at the site during progress of the work. The city reserves the right to reject the need for formal inspection in writing for these specific items, but the city engineer will be solely responsible for making this determination. The permittee shall notify the enforcement officer not more than ten nor less than two working days before the anticipated completion of the following for any area or phase of the work:

a.

Stripping and clearing;

b.

Rough grading;

c.

Final grading;

d.

Final landscaping.

(13)

City responsibility. The city shall use its best efforts to inspect and enforce the provisions of this section for the benefit of the people of the city. Nothing in this section shall be construed as creating any special duty to any particular person different from that owed to the public at-large.

(14)

Special precautions. If at any stage of development, the enforcement officer or city engineer determines that the nature or conditions of the site is such that further work authorized by an existing permit may cause harm or accelerated erosion to any property, public way, watercourse, drainageway, hydraulic structure, or other structure, the enforcement officer or city engineer may require that such reasonable special precautions be taken as are appropriate to avoid such harm or accelerated erosion. Special precautions may include, but are not limited to, one or more of the following requirements: a more level exposed slope, construction of additional drainage structures, berms, terracing, compaction, cribbing, installation of plant materials for erosion control, other temporary structures, implementation of recommendations of a soil engineer and/or engineering geologist, or completion of work in stages so as to ensure completion of protective measures or devices by specified dates.

(15)

Amendment of plans. A permittee may request an amendment to the plan by submitting amended plans in accordance with the requirements of this section. The city shall process and approve or disapprove the proposed amendments in accordance with the provisions for review and approval of plans.

(16)

Expiration of permit. Land disturbance and erosion control permits shall be valid for one year, unless otherwise stated in a written agreement between the permittee and the city in accordance with subsection (6) of this section. A permit under which development has commenced may be extended for up to one additional year upon written request made before the expiration date of the original permit. Requests for extensions shall be treated in the same manner as original applications.

(17)

Acceptance of public improvements. Any permanent erosion control devices, structures or measures which are intended to be conveyed to the city shall be accepted by the city in accordance with the procedures for the acceptance of public improvements provided in the subdivision regulations of the city, but only after submission, review, and approval of record drawings in accordance with subsection (11) of this section, and a written certification by the site engineer that all work has been completed in accordance with the land disturbance and erosion control permit.

(18)

Maintenance bond for public improvements. The permittee shall also be required, as a condition precedent to acceptance of improvements by the city, to submit a maintenance bond in a form approved by the city with good and sufficient sureties, guaranteeing the city against defects in materials, construction and workmanship. Such bond shall be in effect for a period of one year after acceptance of the improvements and shall be in the amount of ten percent of the estimated cost of construction of such improvements.

(19)

Conveyance of public improvements. The permittee shall also be required, as a condition precedent to acceptance of such improvements by the city, to convey such improvements to the city, free and clear of all liens and encumbrances, by a duly executed document in a form approved by the city.

(20)

Approval of private improvements. Any permanent erosion control devices, structures or measures which will be under private ownership or control shall be subject to approval of the city engineer or enforcement officer as finally constructed, but only after submission, review and approval of record drawings in accordance with subsection (11) of this section, and a written certification by the site engineer that all work has been completed in accordance with the land disturbance and erosion control permit.

(Ord. No. 0-231-04, art. III(§ 13), 3-22-2004)