Approval of a storm water management plan shall be based upon the following general provisions:
   (A)   The agent shall approve or disapprove storm water management permit applications and plans in accordance with the provisions of this chapter and the design standards included and/or referenced in Appendix A .
   (B)   All regulated earth changes subject to review under the requirements of this chapter shall be designed, constructed and maintained to provide for the retention/detention of storm water runoff and to protect water quality.
   (C)   Measures required for storm water shall take into consideration natural features, proximity of the site to lakes, streams and wetlands, extent of impervious surfaces, potential for flooding, and the size of the site.
   (D)   Alteration to natural drainage patterns shall not create downstream or off-site flooding.
   (E)   Storm water management plans shall be designed in accordance with the specific design criteria included as “Design Standards”, attached and made a part of this chapter as Appendix A .
   (F)   All storm water management plans and maintenance agreements shall be recorded with the Charlevoix County Register of Deeds by the agent, at the expense of the applicant.
   (G)   Storm water management facilities shall be constructed, operated and maintained on the applicant’s property, without impact or degradation to downstream conveyance structures or properties. However, the applicant may request a waiver from the requirements for on-site storm water management by written petition to the agent with the SWM permit application. Where a request is made for off-site storm water management, the request shall comply with the following general criteria:
      (1)   Off-site storm water management areas may be shared between two or more property owners or developments, provided that maintenance agreements have been approved by the agent and storm water management easements have been obtained and recorded with the Charlevoix County Register of Deeds by the agent, at the expense of the applicant.
      (2)   The storm water management easement shall contain language stating that the easement shall exist as long as said development exists and shall not be modified or terminated without the prior written authorization of the agent. The Agent may only approve a modification or termination of this easement upon a determination that alternative means are available and will be used to improve the handling and disposition of storm water generated from the development or redevelopment of the site.
      (3)   Easements within drainage districts shall require prior approval of the Drain Commissioner.
      (4)   Storm water management plan requirements specified in § 155.057 and the Design Standards included as Appendix A of this chapter shall be used as the basis for reviewing off-site storm water management proposals.
(Ord. 810, passed 11-18-2019)