(A) Permit application required. A storm water management permit is required for all development and redevelopment unless exempt pursuant to this ordinance. A permit may only be issued subsequent to a properly submitted, reviewed and approved permit application, pursuant to this chapter and pursuant to the City of Cold Spring Administrative Manual, the City of Cold Spring Design Manual and Development plan requirements from the City of Cold Spring Zoning Regulations. The content and form of the permit shall be established by the Code Enforcement Board.
(B) Stage I plan development requirements.
(1) Before a storm water management permit application is submitted, the Code Enforcement Board or the land owner's duly authorized agent or anyone having interest in the property by reason of a written contract with the owner may request consultation(s) on a concept plan for the post-construction storm water management system to be utilized in the proposed development project. This consultation meeting(s) should take place at the time of the preliminary plan of the subdivision or other early step in the development process. The purpose of this meeting(s) is to discuss the post-construction storm water management measures necessary for the proposed project, as well as to discuss and assess constraints, opportunities and potential approaches to storm water management designs before formal site design engineering is commenced. Local watershed plans and other relevant resource protection plans may be consulted in the discussion of the concept plan.
(2) At the time of concept plan submittal, the following information should be included in the concept plan, which should be submitted in advance of the meeting as specified in the Administrative Manual:
(a) Existing Conditions/Proposed Site Plans. Existing conditions and proposed site layout sketch plans, which illustrate at a minimum: existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys; boundaries of existing predominant vegetation and proposed limits of clearing and grading; proposed open space area; and location of existing and proposed roads, buildings, parking areas and other impervious surfaces.
(b) Natural resources inventory. A written or graphic inventory of the natural resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion of soil conditions, forest cover, geologic features, topography, wetlands, and native vegetative areas on the site, as well as the location and boundaries of other natural feature protection and conservation areas such as lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic system setbacks, etc.). Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development.
(c) Storm water management system concept plan. A written or graphic concept plan of the proposed post-construction storm water management system including: preliminary selection and location of proposed structural storm water controls; low impact design elements; location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; location of proposed open space areas; location of all fioodplain/floodway limits; relationship of site to upstream and downstream properties and drainages; and preliminary location of proposed stream channel modifications, such as bridge or culvert crossings.
(C) Stage II plan development requirements.
(1) The storm water management permit application shall detail how post-construction storm water runoff will be controlled and managed and how the proposed project will meet the requirements of this ordinance. All such plans submitted with the application shall be prepared by a registered Kentucky professional engineer or landscape architect. The engineer or landscape architect shall perform services only in their area of competence, and shall verify that the design of all storm water management facilities and practices meets the submittal requirements for complete applications, that the designs and plans are sufficient to comply with applicable standards and policies found in the Design Manual, and that the designs and plans ensure compliance with this ordinance.
(2) The submittal shall include all of the information required in the submittal checklist established by the Code Enforcement Board.
(D) Record drawing (as-built) plans and final approval.
(1) The applicant shall certify that the completed project is in accordance with the approved storm water management plans and designs, and shall submit actual “as-built” plans for all storm water management facilities or practices after final construction is completed. Failure to provide approved as-built plans within the time frame specified by the Code Enforcement Board may result in assessment of penalties as specified in § 155.99, Enforcement and Penalties. At the discretion of the Code Enforcement Board, performance securities or bonds may be required for storm water management facilities or practices until as-built plans are approved.
(2) As-built plans shall show the final design specifications for all storm water management facilities and practices and the field location, size, depth, and planted vegetation of all measures, controls, and devices, as installed. The designer of the storm water management measures and plans shall certify, under seal, that the as-built storm water measures, controls, and devices are in compliance with the approved storm water management plans and designs and with the requirements of this chapter.
(3) Final as-built plans and a final inspection and approval by the Code Enforcement Board are required before a project is determined to be in compliance with this chapter. At the discretion of the Code Enforcement Board, certificates of occupancy may be withheld pending receipt of as-built plans and the completion of a final inspection and approval of a project.
(E) Establishment of application requirements, schedule, and fees.
(1) Application contents and form. The Code Enforcement Board shall establish requirements for the content and form of all applications and shall amend and update those requirements from time to time. At a minimum, the storm water management permit application shall describe in detail how post-construction storm water runoff will be controlled and managed, the design of all storm water facilities and practices, and how the proposed project will meet the requirements of this chapter.
(2) Submission schedule. The Code Enforcement Board shall establish a submission schedule for applications. The schedule shall establish deadlines by which complete applications must be submitted for the purpose of ensuring that there is adequate time to review applications, and that the various stages in the review process are accommodated.
(3) Permit review fees. The City of Cold Spring shall establish permit review fees as well as policies regarding refund of any fees upon withdrawal of an application, and may amend and update the fees and policies from time to time.
(4) Administrative manual. For applications required under this chapter, the Code Enforcement Board shall compile into a Design Manual the application requirements, submittal checklist, submission schedule, fee schedule, maintenance agreements, a copy of this chapter, and where to obtain the Design Manual, as well as other information and materials necessary for the effective administration of this chapter. This Administrative Manual shall be made available to the public.
(F) Review.
(1) Within 30 working days after a complete application is submitted, the Code Enforcement Board shall review the application and determine whether the application complies with the standards of this chapter.
(2) Approval authorizes the applicant to go forward with only the specific plans and activity authorized in the permit. The approval shall not be construed to exempt the applicant from obtaining other applicable approvals from local, state, and Federal authorities.
(a) Approval. If the Code Enforcement Board finds that the application complies with the standards of this chapter, the Code Enforcement Board shall approve the application and issue a storm water management permit to the applicant. The Code Enforcement Board may impose conditions of approval as needed to ensure compliance with this chapter. The conditions shall be included in the permit as part of the approval.
(b) Fails to comply. If the Code Enforcement Board finds that the application fails to comply with the standards of this chapter, the Code Enforcement Board shall notify the applicant and shall indicate how the application fails to comply. The applicant shall have an opportunity to submit a revised application.
(c) Revision and subsequent review.
1. A complete revised application shall be reviewed by the Code Enforcement Board within 30 working days after its re-submittal and shall be approved, approved with conditions or disapproved.
2. If a revised application is not re-submitted within 60 calendar days from the date the applicant was notified, the application shall be considered withdrawn, and a new submittal for the same or substantially the same project shall be required along with the appropriate fee.
(d) Time limit/expiration.
1. A Storm Water Management Permit and accompanying plan approved.
2. Under the provisions of this chapter shall remain valid for a period of three years from the date of approval. If no work on the site in furtherance of the plan has commenced within the three-year period, the permit and plan approval will become null and void and a new application will be required to develop the site. If work on the site in furtherance of the plan has commenced that involves any utility installations or street improvements except grading, the permit and plan shall remain valid and in force and the project may be completed in accordance with the approved plan.
(Ord. 14-1009, passed 8-25-14)