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<br /> <br /> <br /> Created: 2025-05-22 16:40:52 [EST] <br />(Supp. No. 36) <br /> <br />Page 97 of 198 <br />(b) Prior to the development, construction, or use of any property meeting one or more of the following criteria, <br />a permit for such development, construction, or use must first be obtained from the appropriate watershed <br />authority: <br />(1) Residential development plan for parcels of land greater than five acres. <br />(2) Industrial, commercial, and multi-unit residential plans, including building expansions, on parcels of <br />land greater than 2.5 acres. <br />a. Subdivisions of any size located within: <br />1. The 100-year floodplain. <br />2. One thousand feet of any public waterbody or protected wetland, or any parcel containing <br />a wetland. <br />3. Three hundred feet of Rice Creek, a major tributary to Rice Creek, or a county or judicial <br />ditch. <br />4. Areas with slopes exceeding 15 percent. <br />b. Any activity that may affect the size, shape, or character of a wetland. <br />c. Construction, improvement, or repair of public or private drainage systems. <br />d. Construction or repair of bridges and culverts on Rice Creek, major tributaries to Rice Creek, and <br />county and judicial ditches. <br />(3) Prior to the development, construction, or use of any property meeting one or more of the following <br />criteria, a permit for such development, construction or use must first be obtained from the city <br />engineer: <br />a. The construction, repair, or alteration of any ditch lying within a public road right-of-way. <br />b. The construction, repair, or alteration of any stormwater control structure located in a public <br />road right-of-way or other public easement. <br />(4) In the construction, maintenance, and improvement of stormwater systems, natural drainageways and <br />wetland areas will be used to the greatest extent possible to reduce runoff and erosion. <br />(5) All stormwater discharges from parking lots, driveways, loading areas, and roads shall be designed to <br />filter and/or skim debris from discharge into the public waterbody in accordance with the soil <br />conservation service's Technical Guide for Urban Best Management Practices, if the discharges are not <br />managed through a regional treatment system. <br />(6) All driveway culverts shall be a minimum of 15 inches in diameter and maintained by the driveway <br />owner to allow the unobstructed flow of stormwater. <br />(Prior Code, § 1175-070.1) <br />Sec. 90-173. Erosion control. <br />(a) Any person grading, filling, or excavating within a shoreland area or adjacent to a protected wetland or <br />public drainageway shall take adequate measures to trap and retain sediments and pollutants from entering <br />into the waterbody or wetland, store runoff to prevent or reduce flood damage, protect fish and wildlife <br />habitat, preserve recreational uses, stabilize the shoreline or bank, and protect areas of environmental <br />importance.