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A. When Required: Every person shall obtain a grading permit for any land disturbance or grading activity on land of one (1) acre or more.

B. Exemptions: The following activities are exempt from the permit requirement:

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. Additions or modifications to existing single-family structures.

C. Application For A Grading Permit: Each application shall include the following:

1. Name of applicant;

2. Business or residence address of applicant;

3. Name, address or telephone number of the owner of the property of record;

4. Address and legal description of subject property including the tax reference number and parcel number of the subject property;

5. Name, address and telephone number of the contractor and any subcontractor(s) who shall perform the land disturbing/grading activity and who shall implement the erosion and sediment control plan;

6. A statement indicating the nature, extent and purpose of the land disturbing/grading activity, including the size of the area for which the permit shall be applicable and a schedule for the starting and completion dates of the land disturbing/grading activity;

7. A diagram with contours and cross sections showing the extent of grading and BMPs;

8. Drainage study, if required by city;

9. A sediment and erosion control plan as provided in this chapter;

10. A storm water pollution prevention plan as provided in this chapter;

11. Each application for a grading permit shall be accompanied by payment of grading permit and other storm water management fees, as adopted by resolution and found in the city fee schedule;

12. Air quality/dust control plan as required in this code;

13. A copy of the Utah state notice of intent (NOI).

D. Review And Approval Of Application:

1. The city of St. George will review each application for a grading permit to determine its conformance with the provisions of this chapter. Both the SWPPP and NOI are required to be approved before the grading permit can be issued. The city of St. George shall provide one (1) of the following responses in writing:

a. Approval of the permit application;

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

c. Denial of the permit application, indicating the reason(s) for the denial.

2. If the city of St. George has granted conditional approval of the permit, the applicant shall submit a revised plan that conforms to the conditions established by the city of St. George. No grading permit will be released until the development plans have been approved.

E. Permit Duration: Every grading permit shall expire and become null and void if substantial work authorized by such permit has not commenced within sixty (60) calendar days of issuance and becomes null and void if the entire project is not completed within twelve (12) months from the date of issuance or an extension has been granted based on ongoing work on the project and substantial work being completed. Both the SWPPP and NOI are required to be active during the entire project including any extensions. The NOI is active for one (1) calendar year from issuance and must be renewed until the project is complete and a NOT is filed.

F. Storm Water Inspections: The applicant must notify the city of St. George in advance of the commencement of construction to schedule a preconstruction meeting. During the duration of the project, weekly or bi-weekly and within twenty-four (24) hours of rain events, inspections of the storm water BMPs shall be conducted by the owner/operator. All inspections shall be documented and prepared on a city of St. George approved form. The city of St. George shall be given access to inspect storm water BMPs on private properties that discharge to the MS4.

G. Performance Bonds: The city of St. George may, at its discretion, require the submittal of a performance bond prior to issuance of a permit in order to ensure that the storm water practices are installed by the permit holder as required by the approved storm water pollution prevention plan. The amount of the installation performance bond shall be one hundred twenty percent (120%) of the total estimated construction cost of the structural BMPs approved under the permit plus any reasonably foreseeable additional related costs, e.g., for damages or enforcement. The performance bond shall contain forfeiture provisions for failure to complete work specified in the storm water pollution prevention plan. The applicant shall provide an itemized construction cost estimate complete with unit prices which shall be subject to acceptance, amendment or rejection by the city of St. George. The performance bond shall be released in full only upon submission of as-built plans that the structural BMP has been installed in accordance with the approved plan and other applicable provisions of this chapter. Provisions for a partial pro rata release of the performance bond based on the completion of various development stages can be made at the discretion of the city of St. George. (Ord. 2015-11-006, 11-19-2015; amd. Ord. 2019-04-001 § 2, 4-4-2019; Ord. 2020-01-003 § 2, 1-9-2020)