§ 27-13. Permit review; burden; issuance or denial.

(a)

Within thirty (30) days following the filing of a completed application, which shall not be considered complete until all necessary information required by this chapter and the director is provided, the director shall review the application and classify the proposed activity according to its impact on either the city's waterworks and/or the quality of the city's water supply. In evaluating each application, the director may consider, but is not limited to, the following factors:

(1)

Nature and type of the proposed activity;

(2)

Proximity of the proposed activity to a watercourse and whether it is located within a floodway;

(3)

Nature and type of the soils, rock or other material;

(4)

Nature and type of vegetation;

(5)

Scope and stability of the land;

(6)

Any increase of effect in or on the fire hazard;

(7)

Nature, type and amount of effluents or pollutants reasonably anticipated from the proposed activity discharged either into a watercourse or underground;

(8)

Nature, type and amount of each regularly processed new material;

(9)

Nature, type and amount of each regularly produced product;

(10)

Nature and type of any and all erosion control measures;

(11)

Any anticipated impact on the waterworks or water quality of the city's water supply resulting in any way from the activity, including but not limited to direct discharges, nonpoint or indirect discharges, reduction in flows within a watercourse, or the concentration of any pollutant;

(12)

Amount and type of mechanized or motorized vehicles associated with the activity;

(13)

Any water rights obtained, needed, necessary or related to the proposed activity;

(14)

Any permits or other governmental or private approval required to proceed with the proposed activity or already obtained where such permits or approvals are based on standards at least as stringent; and

(15)

Economic impact in relation to the risks and benefits to watershed protection; and

(16)

Cumulative effect of the proposed activity with other activities.

(b)

The burden shall be upon the applicant to demonstrate, by a preponderance of the evidence and in compliance with the provisions of this chapter, that the activity will not harm, damage or injure the city's waterworks or pollute the city's water supply.

(c)

If the director determines that the proposed activity will not have any harmful impact on the city's waterworks or water supply, then the director shall recommend to city council that a permit be issued, and whether any conditions should apply. If the director determines that the applicant has not met its burden with respect to the impact on either the city's waterworks and/or the city's water supply, then the director shall identify such negative impact(s) and shall state the reasons for recommending denial of a permit. City council shall consider such recommendation and may issue the permit, with or without conditions, upon a determination that the requirements of this chapter have been satisfied, or may deny the permit application.

(d)

Any person whose permit application is denied, or who is not satisfied with any conditions of approval, shall be entitled to a hearing as provided in this chapter.

(Ord. No. 2109, § 1(Exh. A), 6-5-07)