§ 3. Permits.

3.1

Permit for land disturbance.

3.1.1 To serve the public interest by controlling non-points source pollution, no land owner or land operator shall be issued any building permit for land disturbance activities without first meeting the requirements of federal, state, and local codes.

3.1.2 Not withstanding any other provisions of this ordinance, any proposed construction or development project that results in an additional or added twenty thousand (20,000) square feet of impervious area will be required to obtain a permit in accordance with section 3.5 of this ordinance.

3.2

Exceptions to land disturbance permit.

3.2.1 Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.

3.2.2 Existing nursery, forestry, logging or agricultural operations conducted as a permitted main or accessory use and is so recognized by the City of Gulfport Engineering Department as such.

3.2.2.1 A list of such activities shall be maintained by the engineering department.

3.3

Activities not requiring a permit from the City of Gulfport but are subject to fines for noncompliance.

3.3.1 Clearing of land with a land disturbance of less than ten thousand (10,000) square feet in area shall not require a permit but shall follow best management practices.

3.3.2 The transportation of soil or fill.

3.3.2.1 Such material shall be covered and protected to ensure debris is not distributed to the environment.

3.3.3 The transportation of items other than soil and fill.

3.3.3.1 All materials in transit shall be secured to ensure no debris or chemicals are distributed into the environment which affects the City of Gulfport stormwater.

3.3.4 Landscaping.

3.3.4.1 The preparation for or placement of sod or use of other planting materials less than a total of ten thousand (10,000) square feet does not require a permit. Any amount of soil disruption over this amount and under five (5) acres shall submit plans in accordance with this ordinance to building code services division. If the land disturbance is less than one (1) acre, the permit shall comply with section 3.4. Land disturbances over one (1) acre shall comply with section 3.6.

3.3.5 Stabilization requirements.

3.3.5.1 Permanent vegetation shall be seeded or planted within thirty (30) days after the final grade is reached. Planting guidance for permanent vegetative practices is included in chapter 5 of the Stormwater Design Manual.

3.3.5.2 Any area of revegetation must exhibit a survival of a minimum of seventy-five (75) percent of the crop cover throughout the year immediately following revegetation and shall not be allowed to have bare areas exceeding 6" X 6" square. Revegetation shall be repeated in successive years until the minimum seventy-five (75) [percent] survival for one (1) year is achieved and no bare areas exceed 6"X6" square.

3.4

Permit application requirements for single-family residences, single duplex, accessory use activities or additions requiring a permit on sites disturbing less than five (5) acres.

3.4.1 The total amount of area to be disturbed by the proposed construction.

3.4.2 An explanation of the type of fill to be used and how the proposal fill will affect the drainage along with a diagram showing the existing and projected change to the current land configuration.

3.4.3 A drainage plan showing the existing drainage features and proposed changes.

3.4.4 A copy of the erosion and sediment control plan for the proposed development, in accordance with the most recent edition of the Mississippi Department of Environmental Quality (MDEQ) requirements established in the Mississippi Stormwater Pollution Prevention Plan (SWPPP) Guidance Manual for Construction Activities. The plan shall meet with the specifications for small construction from one (1) to five (5) acres. (MDEQ does not typically require SWPPPs for such development to be reviewed by their agency.)

3.4.5 If the development disturbs one (1) acre or more, or disturbs less than one (1) acre but is part of a larger common plan of development or sale that disturbs one (1) acre or more, a copy of the post-construction stormwater management plan must be submitted and must comply with sections 6 and 7 of this ordinance.

3.4.6 Submittal of these plans does not require the signature of a licensed contractor, engineer, or certified professional in erosion and sediment control and may be submitted by a layperson.

3.5

Application requirements for cluster development of duplexes, town homes, multi-family complexes, commercial activities and industrial activities on sites disturbing less than one (1) acre.

3.5.1 Identification and delineation of all landscaped areas and buffer planting strips for the building site. A copy of the tree permit shall be attached if a tree permit is required for the site.

3.5.2 The total amount of area to be disturbed by the proposed construction.

3.5.3 An explanation of the type of fill to be used and how the proposal will affect the drainage along with a diagram showing the existing and projected change to the current land configuration.

3.5.4 A copy of the erosion and sediment control plan for the proposed development in accordance with the Mississippi Department of Environmental Quality (MDEQ) requirements established in the Mississippi Stormwater Pollution Prevention Plan (SWPPP) Guidance Manual for Construction Activities. The plan shall meet with the specifications for small construction from one (1) to five (5) acres. (MDEQ does not typically require SWPPPs for such development to be reviewed by their agency.)

3.5.4.1 This plan shall include a compliance statement agreeing that any land clearing construction, development, or transportation involving the movement of earth shall be in accordance with federal, state, local laws and as submitted in subject plan.

3.5.5 If the development is less than 1 (one) acre but is part of a larger common plan of development or sale that disturbs one (1) acre or more, a copy of the post-construction stormwater management plan must be submitted and must comply with sections 6 and 7 of this ordinance.

3.5.6 Submittal of these plans does not require the signature of a licensed contractor, engineer, or certified professional in erosion and sediment control and may be submitted by a layperson.

3.6

Application requirements for cluster duplex on single or multiple sites, town homes, multi-family complexes, commercial activities and industrial activities on sites disturbing one (1) acre or more.

3.6.1 Landowners proposing the development or re-development of one (1) or more acres shall submit and receive a permit from the City of Gulfport for the disturbance of land. With this submission the following elements shall be included: A copy of the erosion and sediment control plan, notice of intent, and post-construction stormwater plan in accordance with sections 5, 6, and 7 of this ordinance.

3.6.1.1 A licensed contractor, engineer, or certified professional in erosion and sediment control shall develop the plan and shall be responsible for construction, fill and grading activities.

3.6.2 All required federal, state, and local permits shall be applied for and received prior to requesting a building permit.

3.6.3 The owner or operator shall inspect all drainage facilities while under construction. When facilities are not constructed according to approved plans, the city engineer, public works director or building official shall have authority to compel compliance and have any situations corrected which are not according to the approved plans. All drainage facilities located on private property shall be accessible at all times for inspection by city personnel.

3.6.4 Certification by the owner or operator that projects were built as permitted shall be provided upon completion of final grading.

3.6.5 As-built plans will be required for any drainage facility that is proposed to be maintained by the city as part of the stormwater maintenance agreement for the project or development. As-built plans shall be submitted in a paper and electronic format. Two (2) copies of each shall be provided to the building code services division for distribution. Electronic copies shall be in format compatible with the city's mapping program. Paper copies shall be stamped and signed by a professional engineer. As-built plans shall show the final grades, elevation and locations of all structures and utilities, drainage features, and final design specifications for all construction and stormwater management facilities to be maintained by the city.

3.7

Required attendant items in common to all development within the City of Gulfport for building, grading, or construction permit.

3.7.1 When a consulting firm is retained by the applicant, the name of the applicant's principal contact at such firm.

3.7.2 If the development is to be performed in phases, a notice of intent with expected development dates shall be provided.

(Ord. No. 2419, § 1, 1-19-05)