Duluth UDC § 1005.02

1. No person shall conduct any land-disturbing activity within the jurisdictional boundaries of Duluth without first obtaining a permit from the City of Duluth to perform such activity and providing a copy of Notice of Intent submitted to EPD if applicable. 2. The application for a permit shall be submitted to the City of Duluth and must include the applicant’s erosion, sedimentation, and pollution control plan with supporting data, as necessary. Said plans shall include, as a minimum, the data specified in Section 1005.03 of this Article. Erosion, sedimentation and pollution control plans, together with supporting data, must demonstrate affirmatively that the land disturbing activity proposed will be carried out in such a manner that the provisions of Section 1004.02 and Section 1004.03 of this Article will be met. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-10. 3. In addition to the local permitting fees, fees will also be assessed pursuant to paragraph (5) subsection (a) of O.C.G.A. 12-5-23, provided that such fees shall not exceed $80.00 per acre of land-disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant to subsection (a) of O.C.G.A. 12-7-8 half of such fees levied shall be submitted to the Division; except that any and all fees due from an entity which is required to give notice pursuant to paragraph (9) or (10) of O.C.G.A. 12-7-17 shall be submitted in full to the Environmental Protection Division, regardless of the existence of a Local Issuing Authority in the jurisdiction. 4. If a permit applicant has had two or more violations of previous permits, Division I of this Article, or the Erosion and Sedimentation Act, as amended, within three years prior to the date of filing the application under consideration, the Local Issuing Authority may deny the permit application. 5. The Local Issuing Authority may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with Division I of this Article or with the conditions of the permit after issuance, the Local Issuing Authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. These provisions shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the Local Issuing Authority with respect to alleged permit violations. a. The City of Duluth shall require the posting of a bond before any permits are granted pursuant to Division I of this Article. i. The required bond may be posted in any of the following methods or in a combination of methods: cash, irrevocable letter of credit, or government security. ii. The required bond shall be in the amount of $3,000.00 per acre or portion of an acre disturbed. b. The procedure for the forfeiture of the required bond for failure to comply with this Division I of this Article is set forth in Section 1007.03.