Sec. 26-186.  Construction, general requirements for construction activities.


(a)  Except for construction activity relating to the building phase of development, the city shall require proof of coverage by a Nebraska Department of Environmental Quality general permit authorization for stormwater discharges from construction sites before providing approval for construction activity and land developments requiring - including but not limited to - site plan applications, subdivision applications, building applications, and right-of-way applications from the city, unless exempt pursuant to subsection (1) below.  These provisions apply to all portions of any plan for land disturbing activity which would cause the disturbance of at least one acre of soil or part of a larger common plan that will disturb at least one acre of soil.


(1)       The following activities are exempt from this section:


(i)         Any emergency activity that is necessary for the immediate protection of life, property, or natural resources; and .


(ii)        Construction activity that provides maintenance and repairs performed to maintain the original line and grade, hydraulic capacity, or original purpose of a facility.


(b)  The city shall be invited to the pre-construction meeting to review the installation of all temporary erosion and sediment control best management practices included on the approved erosion and sediment control plan at least two (2) business days before any construction activities are scheduled to start.


(c)  Solid waste, industrial waste, yard waste and any other pollutants or waste on any construction site shall be controlled through the use of best management practices.  Waste or recycling containers shall be provided and maintained by the owner or contractor on construction sites where there is the potential for release of waste.  Uncontained waste that may blow, wash or otherwise be released from the site is prohibited.  Sanitary waste facilities shall be provided and maintained in a secured manner.


(d)  Ready-mixed concrete, or any materials resulting from the cleaning of vehicles or equipment containing such materials or used in transporting or applying ready-mixed concrete, shall not be allowed to discharge from any construction site.  Concrete wasted on site must be disposed in a manner consistent with locally approved standards and generally require establishment of a designated wash-out area.


(e)  Cover or perimeter control shall be applied within 14 days to any soil stockpiles, which will remain undisturbed for longer than 30 calendar days.


(f)  Disturbed soil shall be managed with best management practices that are adequately designed, installed, and maintained according to locally-approved technical standards, specifications and guidance for the duration of the construction activity to minimize erosion and contain sediment within the construction limits.


(g)  Sediment tracked or discharged onto public right-of-way shall be removed immediately.


(h)  Bulk storage structures for petroleum products and other chemicals shall have adequate protection to contain all spills and prevent any spilled material from entering the MS4 or waters of the state.


(i)  Temporary best management practices shall be removed and disturbed areas shall be stabilized with permanent best management practices at the conclusion of construction activity.


Source:  Ord. No. 5086, 1, 8-3-09; Ord. No. 5237, 1, 12-3-12; Ord. No. 5624, 9, 8-5-19;