13.30.080 Permit.
(a) No person shall receive any permit for building, grading or other land development without meeting the requirements of this title and obtaining a land disturbance activity permit. Additionally, no responsible person shall initiate any grading or other land disturbance activity without first obtaining a land disturbance activity permit.
(b) Application – Requirements. A land disturbance activity permit shall be required when any of the following occur:
(1) The removal, increase or stockpiling of any materials exceeds either 3,000 square feet or 100 cubic yards.
(2) The grading, excavation or stockpiling of any earthwork significantly changes a recognized, established watercourse or results in a significant change in drainage or runoff conditions to an established drainage easement of record.
(3) The land disturbance activity exceeds one acre in area.
(4) The Utilities Director determines that a land disturbance activity permit is required because of unique circumstances and a potential impact on the environment.
(c) The land disturbance activity permit shall be obtained prior to clearing of land in preparation for any of the activities set out in this section. When the area exceeds one acre, the land disturbance activity permit must be applied for at least 90 days prior to beginning construction.
(d) Application – Exceptions. A land disturbance activity permit shall not be required for the following:
(1) The removal or increase of earthwork in conjunction with any construction project of less than 3,000 square feet for which a building or construction permit has been issued, provided the removal or increase of earthwork is contained on the parcel of property at which the land disturbance activity is taking place. Property adjoining the parcel of property for which a building permit or construction permit has been issued may be used for the temporary storage of fill material, provided written permission has been obtained from the adjoining property owner and the storage of fill materials ends at the completion of the permitted work. However, the work will conform to the standards and other requirements of this chapter and other applicable City ordinances.
(2) Cemetery graves.
(3) Sanitary landfills, where such landfills have been authorized by KDHE.
(4) Demolition landfills, where such landfills have been authorized by KDHE.
(5) Exploratory excavations, tests and sampling under the direction of a soils engineer or engineering geologist or as approved by the Utilities Director.
(e) Nothing contained in subsection (d) of this section shall be construed as exempting from regulation excavation work or land disturbance activity which is regulated by separate permit as required under Federal or State law or regulation or a permit or requirements set forth in TMC 12.45.040 concerning construction activity in the City’s rights-of-way; TMC 17.30.150 concerning construction activities in floodplains; TMC 17.20.020 concerning construction adjacent to flood control levees; or TMC 17.10.040 concerning activities in buffer zones.
(f) Review. The Utilities Director shall complete a review of the SWPPP within 14 days of receiving the SWPPP from the developer.
(1) Permit Required. If the Utilities Director determines that the SWPPP meets the requirements of this chapter, the Utilities Director shall issue a permit valid for a specified period of time that authorizes the land disturbance activity contingent on the implementation and completion of the SWPPP.
(2) Denial. If the Utilities Director determines that the SWPPP does not meet the requirements of this chapter, the City shall not issue a permit for the land disturbance activity. The SWPPP must be resubmitted for approval before the land disturbance activity begins. All land use and building permits shall be suspended until the developer has an approved stormwater pollution prevention plan.
(3) Utilities Director Inspections and Enforcement. The Utilities Director shall conduct inspections on a regular basis to ensure that erosion and sediment control measures are properly installed and maintained. In all cases the inspectors will attempt to work with the builder or developer to maintain proper erosion and sediment control at all sites. In cases where cooperation is withheld, construction stop work orders shall be issued by the Utilities Director, until erosion and sediment control measures meet the requirements of this chapter. An inspection must follow before work can commence. Inspections are required as follows:
(i) Before any land disturbance activity begins.
(ii) For residential construction, at the time of footing inspections.
(iii) At the completion of the project. (Ord. 20089 § 105, 10-17-17.)
Cross References:Utilities Department, TMC 2.20.110.