Sec. 35-30. - Required.

It shall be unlawful for any person to undertake any land-disturbing activity, except as exempted in this chapter, without first obtaining a permit for such land-disturbing activity from the director.

(Ord. No. 4667-94; Ord. No. 6296-06)

Sec. 35-31. - Application; fee.

Any person desiring a permit required by this chapter shall file an application therefore with the director. Such application shall contain evidence that a fee according to the following schedule has been paid. The fee shall not be returnable. The fee shall be based on the square footage associated with the area to be disturbed and is levied to cover the costs of processing and investigating the application for and the inspection of the land-disturbing activity:

(1)

Less than 2,500 square feet: No charge and no permit required.

(2)

2,500—10,000 square feet: One hundred seventy-five dollars ($175.00).

(3)

10,001—20,000 square feet: Two hundred twenty-five dollars ($225.00).

(4)

20,001—30,000 square feet: Two hundred seventy-five dollars ($275.00).

(5)

30,001—40,000 square feet: Three hundred dollars ($300.00).

(6)

40,001—50,000 square feet: Three hundred twenty-five dollars ($325.00).

(7)

More than 50,000 square feet: Three hundred fifty dollars ($350.00) plus twenty-five dollars ($25.00) for square footage (in increments of 10,000 square feet or portion thereof) in excess of 60,000 square feet.

(8)

An agreement in lieu of a plan: Seventy-five dollars ($75.00).

(Ord. No. 4667-94; Ord. No. 6296-06)

Sec. 35-32. - Issuance and term of permit; bond.

(a)

In the case of approval of a plan submitted under this chapter, the director shall issue a permit certifying approval of the land-disturbing activity. Prior to the issuance of the permit, the applicant shall provide to the city a performance bond or other security in the form of a cash escrow, letter of credit or other such legal arrangement as may be approved by the city attorney. Such bond or security shall be in an amount to be determined by the director and shall be sufficient to ensure that emergency measures may be taken by the city at the applicant's expense should the applicant fail, after proper notice and within the time specified, to initiate or maintain appropriate conservation action which may be required as a result of such land-disturbing activity. The bond minimum shall be two thousand dollars ($2,000.00) or five hundred dollars ($500.00) per acre of disturbed area, whichever is greater. If the city takes such conservation action upon such failure by the permittee, the permittee shall pay to the city the difference between the amount of the security and the actual cost of such action if it exceeds the amount of the security held. Within sixty (60) days after the completion of the land-disturbing activity, as indicated by the issuance of a certificate of completion under this chapter, such security or the unexpended or un-obligated portion thereof shall be refunded to the applicant or terminated as the case may be.

(b)

A bond shall not be required for an agreement in lieu of a plan.

(Ord. No. 4667-94; Ord. No. 6296-06)

Sec. 35-33. - Standards for land-disturbing activities and control practices.

Land-disturbing activities controlled by this chapter shall be designed and conducted in a manner consistent with the state program.

(Ord. No. 4667-94; Ord. No. 6296-06)

Sec. 35-34. - Periodic inspections of land-disturbing activities.

The director shall make such periodic inspections of land-disturbing activities as provided in the state program to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation resulting from the land-disturbing activity. The right of inspection shall be inherent in the issuance of the permit under this chapter. The owner, occupier or operator shall be given an opportunity to accompany the director on the inspections.

(Ord. No. 4667-94; Ord. No. 6296-06)

Sec. 35-35. - Final inspection and certificate of completion of land-disturbing activity.

Upon completion of a land-disturbing activity, the permittee shall notify the director, who shall make a final inspection of the project. Upon finding satisfactory evidence of compliance with the approved plan and the achievement of adequate stabilization, the director shall issue a certificate of completion. "Adequate stabilization" of a site shall be determined by the director.

(Ord. No. 4667-94; Ord. No. 6296-06)