(A) Applicability.
(1) These regulations shall apply to all development within the city and within the city’s zoning jurisdiction to the extent permitted under the city’s authority granted in its subdivision regulations and under state law for annexation agreements.
(2) No person, firm, corporation, or governmental agency, unless specifically exempted, shall commence any regulated development on any lot or parcel of land without first obtaining a stormwater management permit (SWM permit) from the Administrator. A stormwater management permit is required for development as defined in this chapter, including finalization of a plat, replat, planned unit development (PUD) or manufactured home park site plan. Stormwater management regulations are applicable if conditions are met in the following flowchart.
(B) Flow Chart.
(C) Affidavit of applicability; permits.
(1) At the time the owner of any land requests a zoning permit, or submits a preliminary subdivision plat application, he or she shall execute and file an affidavit of applicability with the Administrator. In this affidavit, the owner will state either that the provisions of this chapter apply to the subject property or that the chapter does not apply because it is exempt under the provisions of division (A) above.
(2) Before starting any of the work regulated by this chapter, an owner or his or her agent shall comply with the requirements set forth in other applicable city ordinances with respect to the submission and approval of subdivision plats, improvement plans, building and zoning permits, inspections, appeals and similar matters, along with those set forth in this chapter, in addition to any other applicable regulations contained in state or federal law. Generally, where conflict exists between various applicable regulations, the most restrictive shall apply.
(D) Retroactivity. The adoption of this chapter, as herein provided, shall not operate to amend, modify or otherwise alter any current development or previously approved permits for development. All work being performed under previously issued permits must be performed in conformance with the terms and provisions of each permit. Resubmittal of applications or the submittal of proposed amendments to existing permits will be required for developments wishing to be permitted under the requirements of this chapter. Failure to so perform will result in enforcement activities to be taken in accordance with § 162.99.
(Ord. 9097, passed 5-16-17)