A.
Refer to the Development Classification Flowchart in Appendix 1.[1]
[1]
Editor's Note: Appendix 1 is included as an attachment to this chapter.
B.
The enforcement officer shall make the determination regarding the
classification of a regulated development.
C.
All regulated development requiring a stormwater management permit,
except regulated development authorized by a general permit, shall
be classified as a minor, intermediate, major, public road, or mining
development.
D.
Regulated development located partially or completely within a flood
hazard area shall also be classified as a flood hazard area development.
E.
Regulated development located partially or completely within WOTUS
or IWMC shall also be classified as a wetlands and waters development.
F.
Regulated development located partially or completely within the
Crystal Lake Watershed or any other watershed with more restrictive
standards that have been adopted by MCSC or the City shall also be
classified as a watershed specific area development.
G.
To the extent that a regulated development fits multiple classifications,
it shall comply with all applicable requirements for each classification.
H.
Exemption from a stormwater management permit shall not be interpreted
as exemption from a general building permit and the requirements of
the City Code.
In order to preclude inappropriate phasing of development to
circumvent the intent of this chapter, the requirements of this chapter
shall apply all regulated development within the contiguous property,
unless waived by the enforcement officer.
A.
Prior to the issuance of stormwater management permit, the applicant
may request conditional approval of: a BFE determination, floodway
delineation, IWMC boundary determination, or any other component of
a regulated development. A request for conditional approval shall
include the information required for the component of regulated development
by the application requirements of this chapter. The enforcement officer
shall review the component of regulated development based on conformance
with the performance standards of this chapter.
B.
Earth change approval for a regulated development may be granted
by the enforcement officer prior to the issuance of a stormwater management
permit. The earth change approval is subject to the following conditions:
(1)
An earth change plan shall be submitted demonstrating that the proposed
grading would meet the applicable performance standards of this chapter;
(2)
No impervious areas shall be created;
(3)
No fill shall be placed in flood hazard areas;
(4)
No regulated development may occur within IWMC or WOTUS;
(5)
No regulated development may occur in areas for which federal and/or
state permits are required, unless the applicable permits have been
obtained;
(6)
All regulated development shall be completed at the risk of the applicant;
(7)
Additional conditions may be specified by the enforcement officer,
depending on development site characteristics;
(8)
Earth change approval may be revoked by the enforcement officer at
any time for noncompliance with the requirements of this chapter or
the conditions of the earth change approval;
(9)
A performance guarantee of 120% of the estimated cost of the earth
change work and restoration is required prior to permit issuance;
and
[Added 9-15-2020 by Ord.
No. 7653]
(10)
No earth change permits shall be issued between November 1 and
March 1.
[Added 9-15-2020 by Ord.
No. 7653]
A.
To expedite the review process, a preapplication meeting is strongly
encouraged for major development, watershed area specific development,
including the Crystal Lake Watershed, wetland and waters development
and flood hazard area development.
C.
Stormwater management permit applications shall be reviewed within
15 business days of receipt to determine if the application requirements
of this chapter have been met. A complete application package shall
be approved or denied within 45 business days of the latest item submitted.
A.
The term of a stormwater management permit shall be from the issue
date to the expiration date. The term of a stormwater management permit
shall be:
(1)
The lesser of two years or the term of the building permit for general
permits and for minor, intermediate, and public road developments;
(2)
The lesser of three years or the term of the building permit for
major developments; or
(3)
The lesser of 10 years or the term of the conditional use permit
for mining development.
B.
A permit extension may be requested in writing by the applicant if
the regulated development is not completed within the term of the
stormwater management permit. The enforcement officer may extend the
permit for the time periods listed below. Permit extension requests
may not be made prior to 90 days of the permit expiration date.
C.
The enforcement officer may amend or add special conditions to the
permit at the time of the extension, such as updating the terms of
a performance guarantee by revising the estimated cost to complete
construction.
D.
A stormwater management permit shall be terminated without the possibility
of an extension if the actual start of construction is not commenced
within 180 days after the issue date of the stormwater management
permit and if any activity related to a building authorized by the
stormwater management permit is not in compliance with the most recent
version of:
E.
A stormwater management permit may be terminated during its term
or a permit extension may be denied for reasons including, but not
limited to:
(1)
Noncompliance with any condition of the permit;
(2)
The applicant's failure to disclose fully all relevant facts in the
application process or the applicant's misrepresentation of any relevant
facts at any time;
(3)
The regulated development is not commenced within two years after
the issue date of the stormwater management permit;
(4)
The regulated development is suspended or abandoned for a period
of six months after commencing the regulated development.
A.
Special conditions may be added to a permit by the enforcement officer
to clarify the purpose or authorization granted by the stormwater
management permit. Special conditions may also specify other restrictions
and constraints of the regulated development.
B.
Development plans bearing the approval stamp of the enforcement officer
shall be retained at the development site throughout the duration
of construction activities.
C.
A deed or plat restriction required as part of a stormwater management
permit shall not be modified without the approval of the enforcement
officer.
