(a) Purpose. To insure that development undertaken in the city does not result in increased stormwater runoff which adversely impacts adjacent property, no development to which this chapter applies, pursuant to the standards set forth in section 7-12-5, shall be commenced without the issuance of a stormwater discharge permit by the city engineer.
(b) Pre-application procedure. Although a pre-application conference is not required, applicants are encouraged to contact the city's engineering department prior to submitting their application to discuss the project.
(c) Plan submittal.
(1) Application required. An application for a stormwater discharge permit shall be made by, or on behalf of, the owner(s) or developer(s) of the site for which a permit is sought. The application shall be filed with the development and permitting center on a form supplied by the development and permitting center, and signed by the owner of the property or by an agent specifically authorized by the owner to file such application. Where an agent files the application, the agent shall provide documentation that the owner of the property has authorized the filing of the application. The application for a zoning permit shall be filed with the development and permitting center on a form provided by the center.
(2) Submittal of plan. Three copies of a complete and detailed stormwater management plan, including detailed design plans and construction specifications, for stormwater management facilities; the exact location of any stormwater management facility; and the proposed location of any access easement(s) shall be submitted to the development and permitting center.
The plan shall be prepared by a registered professional engineer, architect, or landscape architect registered, licensed, or certified pursuant to the North Carolina General Statutes and authorized by law to prepare the analysis, plans, and specifications, and provide the certifications required by the various provisions of this subsection.
(3) Fees. The appropriate stormwater discharge permit application fee, as set forth in the City of Asheville's Fees and Charges Manual, shall be due and payable when the application is submitted.
(d) Staff review.
(1) Engineering department review. Upon receipt of the stormwater discharge permit application and stormwater management plan, the engineering department staff shall conduct a review of the application and plan to insure that they meet the requirements of this chapter.
(2) Review period. The engineering department staff shall have 30 days after receipt of a stormwater discharge permit application and stormwater management plan to review the application and plan and notify the applicant of the status of the review. Failure to approve, approve with modifications, approve with performance reservations, deny, or request additional information on the application and plan within this time shall result in the refund of application fees. The refund of the application fee due to the expiration of the ten working days shall not cause the review of the application to cease. Staff shall continue with the review of the application.
(3) Issuance of stormwater permit. Stormwater discharge permits shall be issued in the name of the applicant(s) and no permit shall be transferred or assigned without the written consent of the city.
(e) Public notification. No public notification is required for stormwater discharge permit requests and stormwater management plan review.
(f) Formal review. Formal review of stormwater discharge permit requests and stormwater management plans before a board or commission is not required.
(g) Variances. No variances shall be granted from the requirements that a stormwater discharge permit be obtained and a stormwater management plan be approved prior to initiating any development activity subject to the stormwater management regulations set forth in subsection 7-12-5 of this chapter.
(h) Appeals. Appeals from the decisions of the engineering department regarding stormwater discharge permits including, but not limited to, denial, suspension, assessment of civil penalties, revocation and interpretation, shall be made to the Asheville City Council. The city council shall conduct a hearing to review the information regarding an appeal in order to make a determination as to whether the requirements set forth in this chapter and the city's stormwater standard specifications manual have been met. The applicant must submit a written demand for a hearing to the city clerk within 30 days following receipt by the applicant of the denial, suspension, revocation, interpretation or other decision of the engineering department from which the appeal is taken. The city council shall schedule the hearing for appeal as soon as the council deems reasonably practicable. At the hearing, the applicant may be represented by an attorney. The city council may affirm, modify or reverse any decision of the engineering department. appeals from the decisions of the city council shall be to the Superior Court of Buncombe County, shall be in nature of certiorari, and shall be filed with the court within 30 days of the applicant's receipt of the decision of the city council.
(i) Permit validity. When a stormwater discharge permit is issued in association with a project requiring a building permit, the stormwater discharge permit shall expire upon the expiration or revocation of the building permit. When a stormwater discharge permit is issued for a project which does not require a building permit, the stormwater discharge permit shall expire if work is not initiated within 12 months of the date of issuance of the permit or if work stops for a 12-month period.
(j) Violations. Violations of the stormwater management regulations shall be subject to the enforcement and penalty provisions set forth in article XVIII of this chapter.
(Ord. No. 2369, § 1, 5-27-97)