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(a) The submission of the Plan required by this chapter shall be made by the Applicant to the building commissioner in such form(s) and format(s) as the commissioner may require. As part of the Plan submission, the Applicant shall provide such information regarding the site and its proposed uses as the application may require. The Plan submission shall be submitted as part of the sewer permit review process required by Chapter 11-16 of the Code. The building commissioner shall be the custodian of all such submissions.
(b) The Plan shall be valid only upon approval by the building commissioner.
(c) Before a Plan may be approved, the Applicant must certify to the building commissioner that the Applicant has met or will meet, in addition to the requirements of this chapter, all other city, county, state, and federal requirements related to floodplains, wetlands and water quality.
(d) Following Plan approval and completion of construction, the Owner shall provide to the building commissioner, in such time frame as established by regulation, as-built drawings of the Development in such form(s) and format(s) as the commissioner of water management may require. Consistent with applicable law, the building commissioner shall treat such as-built drawings as confidential trade secrets, and shall provide the Owner with a copy of any appeal, received by the building commissioner, of the building commissioner's notice of denial provided to a third party seeking inspection and copies of such drawings.
(Added Coun. J. 12-13-06, p. 95586, § 1; Amend Coun. J. 11-8-12, p. 38872, § 209)
A Regulated Development shall be developed, operated and maintained in compliance with its approved Plan until such time as the City approves an amendment or other modification of the Plan for that Regulated Development. The submission of a request for amendment shall be made to the building commissioner in such form(s) and format(s) as the commissioner of water management may require. The building commissioner shall review any request for amendment and shall notify the Applicant of the result of such review. An amendment may only be granted if the building commissioner determines that the amendment will not have a detrimental effect on the Plan.
(Added Coun. J. 12-13-06, p. 95586, § 1; Amend Coun. J. 11-8-12, p. 38872, § 210)
(a) Upon a change of ownership of a Regulated Development, each new Owner of the Regulated Development or any part thereof shall comply with the Plan approved for that Regulated Development until such time as the building commissioner approves an amendment or other modification of the Plan for that Development.
(b) A change of ownership of a Regulated Development shall not be considered to be an amendment. However, the Owner of a Regulated Development for which a Plan is required or has been approved shall notify each new Owner of the applicability of the Plan to the Regulated Development, and provide each new Owner with a copy of the Plan, before consummation of the sale of the Development. A violation of this subsection (b) shall be punishable by a fine of $500.00.
(Added Coun. J. 12-13-06, p. 95586, § 1; Amend Coun. J. 11-8-12, p. 38872, § 211)
A non-refundable fee for review of a Plan submission or variance request shall be remitted to the building commissioner as part of the Plan submission or variance request. The fee for review of a Plan submission, or variance request based upon Section 11-18-090(b)(2), (3) or (4), shall be as follows:
(a) For Regulated Developments affecting less than 50,000 square feet – $1,000.00.
(b) For Regulated Developments affecting 50,000 or more square feet – $3,000.00.
The fee for review of a variance request based upon Section 11-18-090(b)(1) shall be 50% greater than the amounts specified in (a) and (b) above.
(c) For amendments to a Plan submitted within one year of Plan approval, the fee shall be $350.00 per submission. For amendments submitted over one year after Plan approval, the fee shall be $500.00 per submission.
(Added Coun. J. 12-13-06, p. 95586, § 1; Amend Coun. J. 11-8-12, p. 38872, § 212)
(b) Exceptional circumstances justifying the application of this section shall exist only where the Applicant can clearly demonstrate, to the satisfaction of the commissioner, that one of the following four circumstances exists:
(1) The Applicant cannot comply with Section 11-18-030 because of the site's exceptional physical conditions or circumstances. To demonstrate that such conditions or circumstances exist, the Applicant must provide supporting documentation. At a minimum, the Applicant must show that the site is designed to minimize the peak rate of discharge and volume of stormwater from the Development. Such showing must include a BMP feasibility evaluation for each building, parking area, landscaped area and each other significant footprint at the site. The evaluation must include all necessary technical computations and analyses (examples include engineering, architectural and horticultural analyses) to assess fully the applicability of pertinent BMPs and the extent to which they can be applied to comply with Section 11-18-030.
(2) The Applicant cannot comply with Section 11-18-030 without causing a public nuisance.
(4) The Regulated Development is a registered landmark and compliance with Section 11-18-030 would violate the Regulated Development's landmark status.
(c) Applications for a variance shall be in a form prescribed by the commissioner. All applications for a variance shall bear the notarized signature and certification of a professional architect, engineer or geologist licensed in the State of Illinois.
(d) In applying for a variance, an Applicant may propose, and the commissioner may consider, alternative measures to accomplish the stormwater management goals of this chapter.
(Added Coun. J. 12-13-06, p. 95586, § 1)
To enable the commissioner, or his designee, to monitor compliance with this chapter, the Owner shall permit access during reasonable hours to those areas of a Regulated Development affected by the Plan.
(Added Coun. J. 12-13-06, p. 95586, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)
The commissioner is authorized to promulgate regulations to effectuate the purposes of this chapter. Any regulations so promulgated shall be considered as an integral part of the Chicago Stormwater Management Ordinance and shall be enforceable, and their violation subject to the same penalties, as set forth in this chapter.
(Added Coun. J. 12-13-06, p. 95586, § 1)
(a) Except as otherwise specifically provided in this chapter, the commissioner, and his respective designee, are authorized to enforce this chapter and any regulations promulgated hereunder, including the issuance of citations for violations.
(b) Owners, developers and any other persons who violate any provision of this chapter shall be jointly and severally liable for each such violation.
(c) The failure to obtain a plan approval if required by this chapter shall subject the violator to a civil penalty of $5,000.00 to $10,000.00. Except as otherwise specifically provided, other violations of this chapter shall be punishable by a civil penalty of $100.00 to $1,000.00 for each such violation. In addition to any penalties imposed for violations of this chapter, violations of any Plan requirement or condition shall be punishable by a penalty of not less than $100.00 and not more than $1,000.00 for each such violation. Each day a violation continues shall be considered to be a separate violation. In addition to the civil penalties specified herein, the City may recover as an additional civil penalty its attorneys' fees and three times the amount of all costs and expenses incurred by the City in abating or remediating a violation of this chapter.
In addition to any other remedies, penalties or means of enforcement provided in this chapter, if the commissioner, on due investigation, makes a determination of noncompliance, he may request the corporation counsel to make application on behalf of the City to the Circuit Court of Cook County for such other order as the Court may deem necessary or appropriate to secure compliance. The corporation counsel may then institute proceedings on behalf of the City, as provided by law.
(Added Coun. J. 12-13-06, p. 95586, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)
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