2007_Ordinances - Laserfiche WebLink

Home Browse Search

requirements of this article and with applicable state laws and regulations. If the plan is • disapproved, the specific reasons for such disapproval (with reference to the relevant ordinances, laws or regulations) shall be stated in the decision. The decision shall be communicated to the applicant by mail or delivery. (4) If the program authority fails to act on the plan within forty-five (45) days from the date the complete application was received by it, then the plan shall be deemed approved. (5) If the owner is required to obtain approval of a site plan or subdivision plat, the program authority shall not approve an erosion and sediment control plan unless and until the site plan or plat is approved as provided by law. For purposes of this paragraph, a site plan or plat may be deemed approved by the program authority if its approval is conditioned upon the approval of an erosion and sediment control plan pursuant to this article, and the program authority determined that review and approval of the erosion and sediment control plan will not affect approval of the site plan or plat. The program authority may approve an erosion and sediment control plan prior to approval of a required site plan or plat in the following circumstances: a. To correct any existing erosion or other condition conducive to excessive sedimentation which is occasioned by any violation of this chapter or by accident, act of God, or other cause beyond the control of the owner, provided that the activity proposed shall be strictly limited to the correction of such condition; b. To clear and grub stumps and other activity directly related to the selective cutting of trees, as may be permitted by law; • c. To install underground public utility mains, interceptors, transmission lines and trunk lines for which plans have been previously approved by the operating utility and approved by the city as being substantially in accord with the comprehensive plan, if necessary; d. To fill earth with spoils obtained from grading, excavation or other similar, lawful activities; e. To construct temporary access roads, provided that the area disturbed shall be returned to substantially its previous condition, with no significant change in surface contours, within thirty (30) days of the completion of such temporary use, or within thirteen (13) months of the commencement of any land disturbing activity on the land which is related to such temporary use, whichever period shall be shorter. f To establish burrow, fill, or waste areas, if permitted by the city's zoning ordinance. Sec. 10-36.1. Variances The program authority may waive or modify any of the standards that are deemed by it to be too restrictive for site conditions, by granting a variance. A variance may be granted under these conditions: (1) At the time of plan submission, an applicant may rcclucst a variance to become part of the droved erosion and sediment control plan The applicant shall explain the reasons for reuuesting variances in writing. Specific variances which are allowed by the program authority shall be documented in the plan.