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04-10-2023 Council Packet
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04-10-2023 Council Packet
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<br /> <br /> <br /> Created: 2022-07-19 16:13:06 [EST] <br />(Supp. No. 20, Update 2) <br /> <br />Page 3 of 10 <br />(2) Grading, excavation, fill, which is greater than or equal to ten cubic yards (CY) within the shore setback <br />zone of any lake. <br />(3) Grading, excavation, or fill which is greater than or equal to 50 CY or 5,000 square feet. <br />(b) [Approval.] No building permit, subdivision approval, or other permit that will result in land disturbing <br />activities shall be issued until approval of the stormwater pollution prevention plan or a waiver of the <br />approval requirement has been obtained in conformance with the provisions of this chapter. <br />(c) Exemptions. The provisions of this chapter do not apply to: <br />(1) A project for which a building permit was issued on or before April 13, 2009; or <br />(2) Emergency work to protect life, limb or property; or <br />(3) Tilling, planting, or harvesting of agricultural, horticultural, or silvicultural (forestry) crops. <br />(Ord. No. 55 3rd series, § 1, 4-13-2009; Ord. No. 69 3rd series, § 1, 4-12-2010; Ord. No. 220 3rd series, § 1, 12-10- <br />2018) <br />Sec. 79-7. Application procedures. <br />(a) Permit application. To obtain a land disturbance permit, the owner shall first file an application on a form <br />furnished by the city for that purpose. Every such application shall: <br />(1) Identify and describe the work to be covered by the permit for which application is made. <br />(2) Describe the land on which the proposed work is to be done by legal description, street address or <br />similar description that will readily identify and definitely locate the proposed building or work. <br />(3) Indicate the purpose of the proposed work. <br />(4) Be accompanied by a stormwater pollution prevention plan as required in section 79-9(c). <br />(5) Be signed by the owner(s) or authorized agent. <br />(6) Give such other data and information as may be required by the city. <br />(b) Financial security. <br />(1) Security required. The owner shall provide the city with financial security to ensure the performance of <br />the owner's obligations pursuant to this chapter. The financial security may be a letter of credit in a <br />form acceptable to the city or cash. The financial security must be provided to the city before issuance <br />of the permit. The city may use the financial security to assure that the work is completed in <br />accordance with the stormwater pollution prevention plan and the provisions of this chapter. The <br />financial security may also be used by the city to eliminate any hazardous conditions associated with <br />the work and to repair any damage to public property or infrastructure that is caused by the work. <br />Amount of security. The amount of security shall be 125 percent of the estimated cost to accomplish <br />compliance with the approved stormwater pollution prevention plan. This shall be in addition to any <br />other security performance required by any other regulations in this Code except that for a project <br />consisting of one single-family dwelling, an addition to a single-family dwelling, or an accessory <br />structure for a single-family dwelling the security may also be the construction deposit required by <br />section 75-4. The estimated cost shall be subject to approval by the city engineer. <br />(2) Reduction of financial security. If requested by the owner, the amount of the financial security may be <br />reduced by the city subsequent to city inspection. Said reduction will be based upon the extent to <br />which the grading and restoration have been completed and shall consider the continued need for
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