§ 30-178. Management plan submittal and review for storm water discharges from construction activity.

(a)

Unless within one or more of the exceptions specified in subsection (f), all operators of sites of construction activity, including clearing, grading, excavation, and landfilling activities, shall prepare and submit the following documents to the director at least 15 calendar days prior to the commencement of construction activities (unless, pursuant to subsection (b), the director expressly allows construction to be commenced within a shorter period of time following the document submittal)

(1)

An identifying notice containing the following information:

a.

The name, address, and telephone number of each operator of the construction activity;

b.

The name, address, and telephone number of each owner of the construction site;

c.

The location of the construction site, by street address and legal description; and

d.

A description of the nature of the construction project.

(2)

Plans and specifications illustrating and describing the best management practices required by subsection 30-177(a), that will be implemented at the construction site. Such plans and specifications shall be prepared, signed, and sealed by a licensed professional engineer, except in instances of land clearing or landfilling disturbing less than 12,000 square feet of land without any existing plans or present intention of erecting a building or other structure on the site.

(b)

The director may allow construction to be commenced within fewer than 15 calendar days following submittal of the documents required by subsection (a), if he/she expressly determines that:

(1)

The required identifying notice and management plans and specifications are complete and satisfactory;

(2)

The director has been afforded adequate time and opportunity to review the management plans and specifications; and

(3)

The management practices described in the plans and observed upon any site inspection conducted are adequate to control and reduce the discharge of sediment, silt, earth, soil, and other materials associated with construction activities to the maximum extent practicable.

(c)

If, upon the director's review of the management plans and specifications required by subsection (a), (or any modified plans required by subsection (e)) and any site inspection that the director may conduct, the director determines that the management practices described in the plans or observed upon the site inspection are not adequate to control and reduce the discharge of sediment, silt, earth, soil, and other materials associated with construction activities to the maximum extent practicable, the director may issue an order prohibiting the commencement, or the continuation, of any construction activity at the site. Any order issued by the director under the authority of this paragraph may be in the form of a compliance order under section 30-187, an emergency cease and desist order under section 30-189, or a stop work order under section 30-190.

(d)

The city may deny approval of any building permit, grading permit, or any other city approval necessary to commence or continue construction, or to assume occupancy, on the grounds that the management practices described in the plans or observed upon a site inspection by the director are determined not to control and reduce the discharge of sediment, silt, earth, soil, and other materials associated with construction activities to the maximum extent practicable.

(e)

Whenever the management practices at a construction site are modified (as a result of change in the construction project, in order to implement more effective management practices, in response to an order or request from the city, or for any other reason), a written description of such modifications of the management practices, signed and sealed by a professional engineer, shall be submitted to the director as soon as possible, but in no case later than seven calendar days following the change in the management practices.

(f)

The requirements of this section shall not apply to any of the following activities:

(1)

Any construction activity that results in the disturbance of one or more acres of total land area, or that is part of a common plan of development or sale within which one or more acres of total land area are disturbed, and any other construction activity for which an NPDES permit is required for storm water discharges associated with that construction activity. (In such circumstances, the requirements of section 30-179 apply in lieu of this section.)

(2)

Any public works construction project that is administered, performed, contracted, or funded (in whole or in part) by the city.

(3)

Any construction activity, not a part of a larger plan of development of one acres or more, related to the construction, alteration, or addition to a single-family, duplex or four-plex residential structure, or an accessory use to any such structure, where one primary structure is constructed per legal block and the construction activity does not result in the disturbance of more than 12,000 square feet of total land area.

(4)

Any construction incident to repair or maintenance of a utility line (such as for telecommunications, electricity, water, sewer, and natural gas). (Construction incident to the laying of new utility lines or replacement of existing lines is not exempted from this section by this paragraph.)

(5)

Interior alteration of an existing building when the alteration does not increase the square footage, area, or height of the building.

(6)

Construction of a fence, but no exemption is granted by this subparagraph for construction of a retaining wall or a fence that may significantly obstruct or change the direction of flow of water.

(7)

Any construction activity that the director expressly finds not to cause, or threaten to cause, any discharge of any harmful quantity of any material associated with construction activity into the MS4 or to any other waters of the United States.

(Ord. No. 2007-12, § 1, 8-7-07)