(A) The Superintendent of the Crawfordsville Stormwater Department hereby has the authority to grant exemptions and to modify and/or waive any and all the requirements of this subchapter and its associated technical standards, pursuant to the procedures set forth in this section. It shall not be necessary for an applicant for a project to request specifically a waiver or reduction of the requirements of this subchapter; instead the Superintendent shall review each proposed project and grant a waiver or modification as set forth below.
(B) Promptly upon the filing of a building permit or other such application with the Planning Department, and as part of the routine processing of all such applications within the city, the Superintendent will review the project plans and, if advisable in his or her discretion, perform a site inspection of the proposed project. The Superintendent will then complete a stormwater review and forward it to the Planning Department. The Superintendent may discuss the applicability of various provisions of this subchapter and other applicable laws and regulations with regard to the project with the City Engineer, the City Municipal Separate Storm Sewer System (MS4) Operator, the City Attorney, and any other city official. The form and contents of a storm water review may be as simple or as detailed as necessary to address the particular impact of each project, but the review shall be in writing and made available to the applicant.
(C) If as a result of initial review of the application and any consultations, the Superintendent determines that one or more state, federal or local laws or regulations preclude waiver or modification of this subchapter or any part of it, then he or she shall so notify the applicant in writing and deny the request for a waiver or modification.
(D) If as a result of the initial stormwater review, the Superintendent determines that the project may have an adverse impact on stormwater quantity and runoff and/or on stormwater quality, then the Superintendent will request a pre-construction, pre-building permit approval meeting between representatives of the city and the applicant (or the applicant’s representatives). This meeting shall be scheduled in an expedient manner and may be required by the Superintendent to be held on-site. At or prior to this meeting, the applicant should provide enough information to address the concerns of the Superintendent shown in the review, and if the applicant fails to address those concerns to the satisfaction of the Superintendent, a waiver will not be granted.
(E) If as a result of the initial stormwater review, however, the Superintendent determines that the project will have no or de minimus impact on stormwater quantity and runoff and/or on stormwater quality, then the Superintendent may issue a written waiver of the requirements of this subchapter. However, such a waiver may be revoked at any time if it is shown that the applicant or the applicant’s agents exceeded one or more parameters of the original building permit application submitted to the city and/or did not follow the plans submitted to the Superintendent for review.
(F) An applicant who believes a waiver or modification should have been granted by the Superintendent may appeal the Superintendent’s adverse decision to the Stormwater Board, in which case the Board shall review the Superintendent’s decision and hear the arguments and review documentation from the Superintendent and the applicant (or their representatives), and then the Board may grant a waiver or modification. An applicant who believes the Board erred may have recourse to the courts as with any other adverse administrative decision.
(Ord. 2-2010, passed 3-8-10)