CHAPTER 16-4: 2007 CITY OF PRESCOTT CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL REGULATIONS CODE

16-4-1:    ADOPTION OF THE CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL REGULATIONS CODE:

16-4-2:    PENALTY – CRIMINAL:

16-4-3:    PENALTY – CIVIL:

16-4-1 ADOPTION OF THE CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL REGULATIONS CODE:

That certain document entitled the 2007 City of Prescott Construction Site Erosion and Sediment Control Regulations Code, together with all referenced standards therein and together with appendices, which document was made a public record by Resolution No. 3871-0839 is hereby adopted by this reference. (This document is shown below as a courtesy to users.)

Section 1 – Introduction and Purpose

1.1 During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil, which can become contaminated, by oils, solvents and debris from the construction activity, may endanger water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates repair of sewers and ditches and the dredging of lakes. In addition, clearing and grading during construction can cause the loss of native vegetation necessary for terrestrial and aquatic habitat, as well as soil stabilization.

1.2 As a result, the purpose of this local code is intended to safeguard persons, protect property, and prevent damage to the environment in the City of Prescott. This code will also promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in the City of Prescott.

1.3 This code is for compliance with Arizona Department of Environmental Quality (ADEQ) Arizona Pollutant Discharge Elimination System (AZPDES) General Permit for Discharge from small Municipal Separate Storm Sewer Systems (MS4). The code does not supersede or waive the requirements of any "Operator’s" applicable requirements under the AZPDES Construction General Permit AZG2003-001, or future AZPDES Construction General Permits, or Storm Water Pollution Prevention Plan (SWPPP).

Section 2 – Definitions

Authorized Enforcement Agency – Employees or designees of the director of Public Works designated to enforce this regulation.

Arizona Department of Environmental Quality (ADEQ) – The state agency charged with enforcement of environmental laws and regulations.

Arizona Department of Transportation (ADOT) – The state agency responsible for state highways and related transportation.

Clearing – Any activity that removes the vegetative surface cover.

Drainage Way – Any man-made or natural channel or device that conveys surface runoff throughout the site.

Erosion Control – A measure that prevents erosion.

Grading – Excavation or fill of material, including the resulting conditions thereof.

Notice Of Intent (NOI) – A written commitment by the operator that they will comply with the rules and regulations of the General Permit and their Storm Water Pollution Protection Plan (SWPPP).

Notice of Termination (NOT) – A written confirmation that construction activities have ceased and that the site is permanently stabilized.

Perimeter Control – A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.

Phasing – Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next.

Sediment Control – Measures that prevent eroded sediment from leaving the site.

Site – A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation.

Stabilization – The use of practices that prevent exposed soil from eroding.

Start of Construction – The first land-disturbing activity associated with a development, including but not limited to, land preparation such as clearing, grading, and filling; installation of utilities, streets and walkways; excavation for footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings.

Storm Water Pollution Protection Plan (SWPPP) – The Plan submitted with the NOI prior to construction, indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction.

Watercourse – Any body of water, including, but not limited to lakes, ponds, seasonal and perennial creeks, and wetlands.

Waterway – A channel or device that directs surface runoff to a watercourse or to the public storm drain.

Section 3 – Permits

3.1 No person shall be granted a Site Disturbance and Grading Permit, as required under the City of Prescott Land Development Code, for land-disturbing activities that would result in a land disturbance of greater than or equal to one acre without first having submitted and obtained approval, by the Public Works Department, of an Erosion and Sedimentation Plan and/or a Storm Water Pollution Prevention Plan (SWPPP).

3.2 For construction activity that is part of a larger common plan of development, subdivision or lot split that would result in the accumulated disturbance of one acre or more, an Erosion and Sedimentation Plan and/or a SWPPP will be required.

3.3 For all construction activity not affected by Section 3.2 and disturbs less than one acre, only an Erosion and Sedimentation Plan will be required.

3.4 The applicant is responsible for demonstrating compliance with all ADEQ related development permit requirements, including proof of filing an NOI, SWPPP, and NOT, when applicable. Particular attention should be applied to any development that is within 1/4 mile of an impaired or unique classified waterway.

3.5 If the Arizona Department of Environmental Quality waives requirements for stormwater discharges associated with small construction activity, as defined under 40 CFR 122.26(b)(15)(i), an Erosion and Sediment Control Plan is not required and this code will not apply.

3.6 No Site Disturbance and Grading Permit is required for the following activities:

1. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.

2. Existing nursery and agricultural operations conducted as a permitted main or accessory use.

3. Existing sand, gravel, dimensional stone, or crushed stone quarries with secured National Pollutant Discharge Elimination Systems (NPDES) permit.

4. Subdivision or site plans approved by permit prior to the effective date of these codes.

3.7 Each application shall bear the name and address of the owner or developer of the site, and of any consulting firm and/or contractor retained by the applicant together with the name of the applicant’s principal contact at such firm.

3.8 Each application shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the Erosion and Sedimentation Plan.

Section 4 – Review and Approval

4.1 Prescott’s Public Works Department will review each application as part of the Site Disturbance and Grading Permit and/or Building Permit to determine its conformance with the provisions of this regulation. Prescott’s Public Works Department shall, in writing:

1. Approve the permit application;

2. Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or

3. Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised application and/or submission.

Section 5 – Erosion and Sediment Control Plan

5.1 The Erosion and Sediment Control Plan shall at a minimum include the following:

1. A USGS quality topographic map with contours and drainage flows depicted in conjunction with receiving waters within one mile. This map should be at a scale no smaller than 1"=100'.

2. A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping.

3. All erosion and sediment control measures necessary to meet the objectives of this regulation throughout all phases of construction and after completion of development of the site.

5.2 Modifications to the plan shall be approved or disapproved at the direction of the Public Works Department.

Section 6 – Design Requirements

6.1 Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the most recent version of the Arizona Department of Transportation (ADOT) Erosion and Pollution Control Manual, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of Prescott’s Public Works Department.

6.2 Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other chapters of this Code. Clearing techniques that retain natural vegetation and drainage patterns, as described in the ADOT Erosion and Pollution Control Manual shall be used to the satisfaction of Prescott’s Public Works Department.

6.3 Clearing shall not begin, except for that required to install perimeter controls, until all perimeter sediment control devices have been installed and have been stabilized according to the Erosion and Sediment Control Plan.

6.4 Phasing shall be required on all sites disturbing greater than thirty (30) acres, with the size of each phase to be established at plan review and as approved by Prescott’s Public Works Department.

6.5 Erosion and Sediment controls requirements shall abide by following:

1. Soil stabilization and sediment control shall be performed and completed as per an approved SWPPP and/or Erosion and Sedimentation Control Plan in accordance with the Land Development Code.

2. Special techniques that meet the design criteria outlined in the ADOT Erosion and Pollution Control Manual, Maricopa County Flood Control District Guidelines, or other measures approved by the Public Works Department, shall be used to ensure stabilization.

6.7 Waterway and watercourse protection requirements shall be in conformance with US Army Corps of Engineers regulations, where applicable.

Section 7 – Inspection

7.1 Prescott’s Public Works Department or designated agent shall make inspections as to assure compliance with the approved Erosion and Sediment Control Plan and/or SWPPP. The approved plans and/or SWPPP shall be maintained at the site during the progress of the work.

7.2 The permittee or his/her agent shall make regular inspections of all control measures in accordance with the inspection schedule, when required, and after any measurable rainfall.

7.3 Prescott’s Public Works Department or its designated agent shall have access to the property as deemed necessary to make inspections to assure continued compliance.

Section 8 – Enforcement

8.1 In the event that any person holding a Site Disturbance and Grading Permit pursuant to this regulation violates the terms of the permit in any manner or the permittee implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, Prescott’s Public Works Department may suspend or revoke the site development permit.

8.2 Any violators of the code shall be subject to the penalties set forth in Ordinance No. 4635-0837 which Ordinance adopts this code.

(Ord. 4983-1521, 6-7-2016)

16-4-2 PENALTY – CRIMINAL:

Any person who violates any provisions of this chapter or any provision of the codes adopted by reference pursuant to this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Section 1-3-1, by a fine not exceeding two thousand five hundred dollars ($2,500.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment, in the discretion of the City Judge. Each and every day any such violation continues shall be deemed and considered a separate offense. (Ord. 4983-1521, 6-7-2016)

16-4-3 PENALTY – CIVIL:

Any person who violates any provisions of this chapter shall be guilty of a civil violation and shall be subject to the provisions of Section 1-3-2 for each day that the violation continues. (Ord. 4635-0837, 12-11-07; eff. 01-10-08; Ord. 4983-1521, 6-7-2016)