A. Plans Submitted: Stormwater management plans and comprehensive drainage plans shall be submitted at the time building plans are submitted. The plans shall be submitted to the Building Department with a permit fee in an amount provided for in a fee schedule adopted by the City Council. The plans shall be reviewed by the Public Works Department for their compliance with the City Stormwater Management Design Manual and other applicable rules and standards. Plans developed to meet Federal or State requirements may be submitted, and will be approved if they substantially conform to the requirements of this chapter. Where physical submission of plans would be too cumbersome, the Public Works Department may waive the requirement for physical submission when granted full access to review the on site plans.
1. No plan shall be approved that increases the peak level of stormwater runoff from impervious areas, unless the plan identifies measures to control and limit runoff to peak levels no greater than would occur from the site if left in its natural, undeveloped condition.
2. No development or use of land which requires a grading permit, involves more than one thousand (1,000) square feet or ten percent (10%) of the existing impervious surface, or would create more than five hundred (500) square feet of new impervious surface shall be permitted without an approved stormwater management plan or comprehensive drainage plan.
3. No building permit or certificate of occupancy shall be issued without an approved stormwater management plan if required under this section.
B. Engineering Certification: The City shall be notified of the commencement of any development covered by a comprehensive drainage plan and the owner or responsible person shall be required to provide engineering certification that the development is in conformity with the previously approved comprehensive drainage plan.
C. Modifications To Plan: Any modifications to comprehensive drainage plans shall be submitted to the Public Works Department for approval; provided, however, for comprehensive drainage plans approved pursuant to this chapter, as amended, only major modifications must be submitted for approval. All modifications to singular stormwater management plans must be submitted to the Public Works Department with a request for approval and a new stormwater management plan shall be submitted upon request of the Public Works Department.
D. Responsibility For System Function: Approval of the stormwater management plan or comprehensive drainage plan does not relieve the owner or responsible party from the duty to ensure the systems and their safety measures function as designed.
E. Suspension, Revocation Of Approval: Approval may be suspended or revoked at any time if conditions are not as stated or shown in the approved application or implementation of the plan is not proceeding in the approved manner.
F. Completion Time Limit; Extension: Approval of a stormwater management plan or a comprehensive drainage plan may be suspended if the project is not completed within a two (2) year period or development has ceased for a period of more than two (2) years; however, a one year extension may be granted upon a written request which provides the reason for the delay or cessation of development and specifies a time frame for completion or commencement of development.
G. Notice Of Suspension, Revocation; Appeal: If suspension or revocation of approval is necessary, the owner will receive notice of this decision and may appeal to the City Public Works Commission. A written request for appeal and hearing must be made within ten (10) days from the notice of suspension or revocation.
H. New Plan Required After Suspension Or Revocation: If approval is suspended or revoked, the owner shall be required to submit a new plan for approval, with the requisite fee, prior to starting or continuing the planned project or development.
I. Variance: If undue hardship would result from strict application of the requirements of this chapter, a person may request a variance.
1. Request Submitted In Writing: The variance request must be submitted in writing to the Public Works Department with a fee in an amount provided for in a fee schedule adopted by the City Council.
2. Reason For Request: The person requesting a variance shall state in detail the reason for the request and provide supporting documentation.
3. Denial; Appeal: If a request for variance is denied by the Public Works Department, the denial may be appealed to the Public Works Commission within ten (10) days of notice of denial. The Public Works Commission shall provide the aggrieved party with a hearing date and an opportunity to present argument in favor of the variance request. The Public Works Commission will not accept additional supporting documentation if the information was reasonably available at the time the request for variance was made and could have been submitted to the Public Works Department.
4. Not Considered Right Or Privilege: A variance shall not be considered a right or special privilege.
J. Nonliability: Approval of any plans by the Public Works Department shall not create a liability on the part of or cause of action against the City or any officer or employee thereof regarding the plan or its operation. (1952 Code § 8-15-03.02)