§ 117-10. Nonagricultural land disturbing activity performance requirements.

Unless otherwise specified herein, the following requirements apply to all nonagricultural land disturbing activities, including the light, moderate, and significant levels as identified herein, within the incorporated boundaries of the city. Each item listed below may not be applicable to all land disturbing activities. As such, performance requirements may vary based on the specific land disturbing activities and soil characteristics. Best management practices shall be utilized to address the prevention, control, and reduction of stormwater pollutants on a site-specific basis.

(1)

Site dewatering/discharge. Sediment-laden water flowing from the site shall be detained to allow sediment to settle and accumulate prior to discharge. Water shall not be discharged in a manner that causes erosion, including the scouring of a receiving channel. Discharge into the existing storm sewer shall not be performed unless previously approved by the city department of engineering, or applicable jurisdictional agency.

(2)

Waste and material disposal. Wastes or unused building materials, including, but not limited to, garbage, debris, cleaning wastes, wastewater, toxic materials, and hazardous substances shall not be carried by runoff from a site. Proper disposal of all wastes and unused building materials, in line with the nature of the waste or material is required.

(3)

Roadway protection. Public or private roadways shall be kept cleared of accumulated sediment. If appreciable sedimentation occurs after a storm event, the sediment will be removed and deposited on the parcels of land from where it likely originated. Sediment being tracked from a site onto public or private roadways shall be minimized.

(4)

Property protection. Adjacent properties shall be kept cleared of accumulated sediment. If appreciable sedimentation occurs after a storm event, the sediment shall be removed and deposited on the parcels of land from where it likely originated, where legally permitted. Permission, means, and methods of clean up shall be secured from impacted property owners prior to removal.

(5)

Drain inlet protection. All storm drain inlets within land disturbing activity areas shall be protected against sedimentation with barriers meeting accepted design criteria, standards, and specifications. In addition, storm drain inlets located outside of land disturbing activity areas, which accept stormwater runoff from a land disturbing activity area, shall also be protected in an identical manner.

(6)

Exposed land uses. Exposed land uses shall be prohibited, except where specifically identified as a permitted or conditional use within chapter 137, zoning. Any exposed land use, either permitted by right or conditional, shall require prior site plan approval pursuant to the requirements identified within section 137-35.

(7)

On-site erosion control. The following items apply to significant land disturbing activities and shall be required throughout the period of the time when land disturbing activities are taking place:

a.

Stormwater runoff passing through a site from adjacent areas shall be controlled by diverting it around disturbed areas whenever possible. Alternatively, the existing channel may be improved to prevent erosion or sedimentation from occurring.

b.

Barring unforeseeable weather conditions, all disturbed ground left inactive for seven or more days shall be stabilized, by seeding, sodding, mulching, covering, sediment fences, or with other barriers meeting accepted design criteria, standards, and specifications.

c.

With disturbed areas of more than ten acres, where drainage is in the same direction or where runoff will result in loss of soil, an abatement or recovery program is required. When the disturbed area is stabilized, the sediment basin can be removed. If erosion is likely to continue, the sediment basin shall be maintained by the existing or subsequent landowners. The discharge rate from a sediment basin shall not cause scouring in the receiving channel.

d.

With disturbed areas of less than or equal to ten acres, filter fences, straw bales, or equivalent erosion control measures, placed along all side-slope and down-slope sides of the site, shall be required. Also, if concentrated runoff passes through the site, filter fences shall be placed along the edges of the concentrated flow area to reduce the amount of sediment removed from the site. If these measures are not sufficient to control off-site sedimentation, a sediment basin may still be required to manage severe slopes.

e.

Erosion from all soil storage piles containing more than ten cubic yards of material shall be controlled by placing straw bales, filter fence, or other best management practices. Moreover, any soil storage pile containing more than ten cubic yards of materials shall be located at least 25 feet upslope from a roadway, drainage channel, or adjacent property. Furthermore, if remaining in existence for more than seven days, the storage pile shall be stabilized by mulching, vegetative cover, tarps, or other approved best management practice.

(Ord. No. 5085, § 1(162.10), 12-4-2006)