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2004_Ordinances
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the owner or terminated based upon the pecentage of stabilization accomplished in the project or <br />• section thereof. <br />ARTICLE II. EROSION AND SEDIMENT CONTROL <br />DIVISION 1. IN GENERAL <br />See. 10-21. Permit required for land -disturbing activities. <br />No person shall engage in any land -disturbing activity within the city until he has acquired a <br />permit from the zoning administrator. <br />Sec. 10-22. Determination of land disturbing activity. <br />The determination of whether an activity is a land disturbing activity for purposes of this article <br />shall be made as provided herein: <br />(a) The program authority shall determine whether an activity is a land disturbing activity, <br />including any claim by an owner that the activity is exempt from the requirements of this article. <br />(b) If a land disturbing activity includes activity at a separate location, including but not limited to <br />borrow and disposal areas, the program authority may either: <br />( I ) Consider the off-site activity as being part of the land -disturbing activity, and require an <br />erosion and sediment control plan to be submitted and approved; or <br />• (2) If the off-site activity is already covered by an erosion and sediment control plan <br />approved by the city, require the owner to provide proof of the approval and to certify <br />that the plan will be implemented in accordance with this article. <br />• <br />(c) If a property will be developed in phases, the determination of whether an activity constitutes <br />a land disturbing activity shall be determined by considering the development of the property as a <br />whole, regardless of the phasing of the development. <br />(d) land disturbing activity of less than 6,000 square feet on individual lots in a residential <br />development shall not be exempt from this article if the total land disturbing activity in the <br />residential development is equal to or greater than 6,000 square feet. <br />(e) Upon the determination by the program authority that an activity is a land disturbing activity <br />the owner shall immediately comply with the requirements of this article. <br />Sec. 10-23. Determination of erosion impact area. <br />The determination of whether an erosion impact area exists on property shall be rendered as <br />provided herein: <br />(a) The program authority shall determine whether an erosion impact area exists on a property <br />and the property and the owner thereof are subject to the requirements of this article. The <br />program authority shall make this determination after an investigation brought either on his own <br />initiative or upon the complaint of any citizen. <br />IRM <br />
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