A. A construction activity stormwater permit is required for construction activity that disturbs one acre or more, including projects disturbing less than one acre that are part of a larger common plan of development, redevelopment, or sale. A permit may only be issued subsequent to a properly submitted and reviewed permit application, pursuant to this section.
B. An owner or developer of land required to obtain a construction activity stormwater permit must submit an executed copy of the state standard notice of intent ("NOI") and a stormwater pollution prevention plan prepared and stamped by a licensed professional engineer prior to performing any construction activity.
C. A construction activity stormwater permit will require erosion and sediment controls through the design, installation, and construction of stormwater management and control practices on the permitted construction site including structural BMPs and elements of site design for construction stormwater management other than structural BMPs.
D. The permittee is required to perform regularly scheduled construction activity site inspections at least every fourteen (14) calendar days and within twenty four (24) hours of a precipitation event to ensure that all BMPs have been constructed and are functioning properly. The permittee must document all inspections in writing and make inspection records available to the department for review.
E. Commencement of construction work on development or redevelopment projects that disturbs one acre or more, including projects disturbing less than one acre that are part of a larger common plan of development, may not begin until such time as a permit is issued and final approval of the drainage plan if required below is obtained in accordance with this chapter.
F. Any person subject to a construction activity MPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the department prior to the allowing of discharges to the MS4.
G. In order to address postconstruction stormwater runoff, all owners or developers of property that are required to submit a drainage plan shall provide the stormwater facilities necessary for the drainage and control of flood and surface waters within stormwater basins and shall provide the facilities required to convey such waters from the stormwater basin to major drainageways. The cost of installing stormwater facilities in the service area is charged in whole or in part against the property in the service area.
H. All owners or developers applying for any of the following permits or approvals shall submit a drainage plan for approval, prepared and stamped by a professional engineer, with the application or request:
1. Major subdivision plat approval;
2. Minor subdivision plat approval;
3. Building permits where the impervious development coverage within the property is five thousand (5,000) or more square feet, or where development is in an area critical to the functioning of the MS4 as determined by the department; and
4. Planned unit development (PUD).
I. The same plan submitted during one permit or approval process may be subsequently submitted with other required applications. The plan must be supplemented with such additional information as may be requested by the department.
J. The drainage plan requirement established in this section applies except when the owner or developer demonstrates to the satisfaction of the department that the proposed use of the property:
1. Will neither seriously nor adversely impact the water quality conditions of any affected receiving bodies of water;
2. Will not alter the surface discharge location, alter the drainage pattern on adjoining properties, alter drainage patterns, increase the discharge, or cause any other adverse effects in the drainage area; and
3. Will not alter the subsurface drainage patterns, flow rates and discharge points, or result in any significant adverse effects to property or residents.
K. Drainage plans shall be prepared by a certified engineer in accordance with current hydraulic hydrology practices and hydrology design standards and shall be consistent with the storm drain master plan. Drainage plans shall consist of drainage calculations and mitigation of stormwater drainage and include contour lines as necessary and explicitly describe the stormwater drainage system, including any required detention areas.
L. All required storm drainage plans must be submitted for review by and approval of the department. At the time of approval of the drainage plan for the subject property, a schedule for inspection of required construction and facilities will be established by the department. (Ord. 3120, 12-21-2009)