§ 11-90. Fees and enforcement.

(a)

Requirements. Each application for a grading permit shall include a grading plan and an erosion and sediment control plan.

(b)

Review fee. There shall be a one hundred dollar ($100.00) fee assessed and collected prior to review of any grading plan and erosion and sediment control plan.

(c)

Time Limit. An initial grading permit shall be valid for a maximum of six (6) months. All grading permits shall be subject to review and re-approval and all re-approvals shall be subject to any reasonable additional requirements as may be deemed necessary by the city engineer. If a grading permit is re-approved with no major revisions, an additional review fee will not be required.

(d)

Inspection.

(1)

The city engineer or his/her designated agent shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the approved stormwater pollution prevention plan. Approved plans for grading, stripping, excavating, and filling work shall be maintained at the site during the progress of the work. In order to obtain inspections, the permittee shall notify the city engineer or his/her designated agent at least two (2) working days before the start of construction. At least one (1) inspection per month will be conducted until the project is completed. The permittee shall notify the city engineer or his/her designated agent at least two (2) working days before final stabilization occurs.

(2)

The permittee or his/her agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved stormwater pollution prevention plan(s). The purpose of such inspections will be to determine the overall effectiveness of the control plan, and the need for additional control measures. All inspections shall be documented in written form.

(3)

The city engineer or his/her designated agent shall enter the property of the applicant as deemed necessary by the city engineer or his/her designated agent to make regular inspections to ensure the validity of the reports filed under Section (2) above.

(e)

Stop-work order; revocation of permit. In the event that any person conducting grading in the city limits fails to meet the minimum grading standards of this article, or fails to comply with any other applicable ordinance of the city, the city may suspend the grading operation or revoke the grading permit.

(f)

Violation and penalties.

(1)

Any person judicially determined to be in violation of the provisions of this article shall be deemed guilty of a misdemeanor and shall be subject to the penalties set forth in section 1-9 of the City of Fort Smith Municipal Code of Ordinances.

(2)

In addition, the board of directors may, in lieu of or in addition to penalties provided in this section, cause to be initiated an action in the circuit court for the Fort Smith District of Sebastian County, Arkansas, for the purpose of restraining or abating any violation of this article.

(Ord. No. 27-06, § 1, 3-21-06; Ord. No. 54-11, § 8, 7-5-11)