[11-7-2018 by Ord. No.
1753; 7-21-2021 by Ord. No. 1798]
[11-7-2018 by Ord. No.
1753; 7-21-2021 by Ord. No. 1798]
(a)
The City shall grant a stormwater permit after approval of the site plan (Chapter 39 - Unified Development Ordinance (UDO), Article 12) and before issuance of a building permit(s), and may impose terms and conditions in accordance with Section 29-104, only upon compliance with all of the following requirements:
(1)
Completed stormwater permit application form.
(2)
The developer has submitted a drainage plan for the site complying with Section 29-99 for the approval of post-construction stormwater runoff BMPs.
a.
The drainage plan contains a description of adequate, temporary stormwater management facilities to control construction site stormwater runoff and prevent off-site sedimentation, satisfying the requirements of Section 29-117, and the developer has obtained a soil erosion permit from the county enforcing agency, if necessary.
b.
The drainage plan contains permanent on-site stormwater management
facilities complying with the City Stormwater Standards, and the performance
and design standards as set forth in Division 8 of this article.
(3)
The developer has submitted restrictive covenant language for
review and subsequent recording at the County Register of Deeds, if
required for the development.
(4)
Written construction plan approval obtained from the County
Drain or Water Resources Commissioner, or intercounty drainage board,
if required.
(5)
The developer has paid or deposited the stormwater permit review fee pursuant to Section 29-100.
(7)
The developer provides all easements necessary to implement the approved drainage plan and to otherwise comply with this article, including, but not limited to, Section 29-163. All easements shall be acceptable to the City in form and substance and shall be recorded with the County Register of Deeds.
(8)
The developer provides the required maintenance agreement for routine, emergency, and long-term maintenance of all structural and vegetative BMPs installed and implemented to meet the performance standards. This agreement shall be in compliance with the approved drainage plan and this article, including, but not limited to, Section 29-164. The maintenance agreement shall be acceptable to the City in form and substance and shall be subsequently recorded with the County Register of Deeds.
(b)
Limitations
of review. The City will review private developments for off-site
impacts, but will not review the internal storm sewer and drainage
system for the site.
[11-7-2018 by Ord. No.
1753]
A preliminary drainage plan meeting the requirements of Section
39-23(a)(4)m through n shall be included on the site plan submitted
to the City for site and development plan review. The drainage plan
submitted for stormwater permit review shall be shown on the approved
site plan if Planning Commission or administrative staff review is
required, or on a site plan meeting the requirements in the City Stormwater
Standards. The drainage plan shall identify and contain all of the
information required in the City Stormwater Standards.
[11-7-2018 by Ord. No.
1753]
(a)
All expenses and costs incurred by the City directly associated with processing, reviewing and approving or denying a stormwater permit application shall be paid or reimbursed to the City from the funds paid directly to the City. The City reserves the right to request a separate escrow account be established by the developer, as provided in Subsection (b) of this section. The City may draw funds from a developer's escrow account to reimburse the City for out-of-pocket expenses incurred by the City relating to the application. Such reimbursable expenses include, but are not limited to, expenses related to the following:
(1)
Services of the City Attorney directly related to the application.
(2)
Services of the City Engineer directly related to the application.
(3)
Services of other independent contractors working for the City,
which are directly related to the application.
(4)
Review required by the County Drain or Water Resources Commissioner.
(5)
Any additional public hearings, required mailings and legal
notice requirements necessitated by the application.
(b)
At the time a developer applies for a stormwater permit, the developer
shall pay the required fees established by the City for a stormwater
permit. The developer may also be required to deposit with the City,
as an escrow deposit, an initial amount as determined by resolution
of the City Council for such matters and shall provide additional
amounts as requested by the City in such increments as are specified
in said resolution. Any excess funds remaining in the escrow account
after the application has been fully processed, reviewed, and the
final City approval and acceptance of the development has occurred
will be refunded to the developer with no interest to be paid on those
funds. At no time prior to the City's final decision on an application
shall the balance in the escrow account fall below the required initial
amount. If the funds in the account are reduced to less than the required
initial amount, the developer shall deposit into the account an additional
amount as determined by City Council resolution, before the application
review process will be continued. Additional amounts may be required
to be placed in the escrow account by the developer, at the discretion
of the City.
[11-7-2018 by Ord. No.
1753]
(a)
The City shall not approve a stormwater permit until the developer
submits to the City, in a form and amount satisfactory to the City,
a letter of credit or other financial guaranty for the timely and
satisfactory construction of all stormwater management facilities
and site grading in accordance with the approved drainage plan. Upon
1) certification by a registered professional engineer that the stormwater
management facilities have been completed in accordance with the approved
drainage plan, and 2) receipt of construction record drawings for
all private drainage systems meeting the minimum requirements of the
City Stormwater Standards, the City may release the letter of credit
or other financial guaranty, subject to final City acceptance and
approval.
(b)
Except as provided in Subsection (c) of this section, the amount of the financial guaranty shall be equal to the construction cost estimate provided by the developer of all stormwater management facilities and site grading, unless the City determines that a greater amount is appropriate, in which case the basis for such determination shall be provided to the developer in writing. In determining whether an amount greater is appropriate, the City shall consider the size and type of the development, the size and type of the on-site stormwater management system, and the nature of the off-site stormwater management facilities the development will utilize.
(c)
The City may waive the financial guaranty for a development if the
County Drain or Water Resources Commissioner or the County Road Commission,
as part of its review process, requires a letter of credit or other
financial guaranty for the satisfactory construction of all stormwater
management facilities.
(d)
The City may reduce or waive the amount of the financial guaranty
for a development that will not increase the percentage of impervious
surface of the development site by more than 10%.
(e)
This article shall not be construed or interpreted as relieving a
developer of its obligation to pay all costs associated with on-site
private stormwater runoff facilities as well as those costs arising
from the need to make other drainage improvements in order to reduce
a development's impact on a drain consistent with City Stormwater
Standards.
[11-7-2018 by Ord. No.
1753]
No certificate of occupancy shall be issued until a stormwater
permit has been issued and stormwater management facilities have been
completed in accordance with the approved drainage plan and all applicable
restrictive covenants, construction record drawings have been submitted
and approved, and until the executed maintenance agreement is recorded
with the County Register of Deeds; provided, however, that the City
may issue a temporary certificate of occupancy if an acceptable letter
of credit or other financial guaranty has been submitted to the City,
the County Drain or Water Resources Commissioner, or the County Road
Commission for the timely and satisfactory construction of all stormwater
management facilities and site grading in accordance with the approved
drainage plan.
[11-7-2018 by Ord. No.
1753]
Stormwater management facilities, after construction and approval,
shall be maintained in good condition, in accordance with the approved
drainage plan, and shall not be subsequently altered, revised or replaced
except in accordance with the approved drainage plan, or in accordance
with approved amendments or revisions in the plan.
[11-7-2018 by Ord. No.
1753]
(a)
In granting a stormwater permit, the City may impose such terms and
conditions as are reasonably necessary to effectuate the purposes
of this article. A developer shall comply with such terms and conditions.
(b)
Approval of the stormwater management system is considered to be
granted by the City upon issuance of a stormwater permit, unless authorization
is required to be granted by the County Drain or Water Resources Commissioner
under state law and this approval has not been offered.
