(A) Application. Permit applications shall be submitted to the enforcement agent. Copies of the permit application form shall be made available by the enforcement agent. Application for a permit and issuance of the permit shall be made prior to the start of any earth change requiring a permit under this chapter. Submission of an application for permit shall constitute consent by the property owner for the enforcement agent or his designated representative to enter upon the property for purposes of inspections attendant to the application. The application shall contain, at a minimum, all of the following:
(1) A map or maps at a scale of not more than 200 feet to the inch or as otherwise determined by the enforcement agent, including a legal description and site location sketch the includes the proximity of any proposed earth change to lakes, streams, and/or wetlands; predominant land features; and contour intervals or slope description and all applicable setbacks;
(2) A soils survey or a written description of the soil types of the exposed land areas contemplated for the earth change;
(3) A description and the location of the physical limits of each proposed earth change;
(4) The location of all lakes, streams, and wetlands partially or completely contained within the boundaries of the site or within 50 feet of the site boundary;
(5) A description and the location of all existing and proposed on-site storm water management and dewatering facilities;
(6) The timing and sequence of each proposed earth change;
(7) The location and description for installing and removing all proposed temporary soil erosion and sedimentation control measures;
(8) A description and the location of all proposed permanent storm water control measures or devices;
(9) The enforcement agent may require, as defined in § 53.01, that the storm water runoff control plan be prepared by a State of Michigan licensed landscape architect, architect, land surveyor or professional engineer. If the enforcement agent also requires an additional professional consultant (engineer and/or attorney) to review the plans submitted, all review costs shall be paid for by the developer; and
(10) The person(s) or organization(s) responsible for maintenance shall be designated in the plan. Options include:
(a) Property owner;
(b) Homeowner’s association, provided that provisions for financing necessary maintenance are included in deed restrictions or other contractual agreements; or
(c) Grand Traverse County Drain Commissioner, in accordance with the Michigan Drain Code, M.C.L.A. § 280.1 et seq., as amended, if the storm water conveyance facilities are within a designated Drain District.
(B) Sequential application.
(1) If a development on a site is so large or complex that a storm water control plan encompassing all phases of the project cannot reasonably be prepared prior to initial ground breaking, then an application for a permit for successive major incremental earth change activities may be allowed.
(2) Requests for sequential applications shall be approved by the enforcement agent prior to initial permit application. Approval of sequential applications shall take place in 2 phases. First, the overall conceptual plan for the entire development shall be submitted for review and approval. Second, detailed plans for sections of the total project shall be submitted for review and approval upon the request of the enforcement agent.
(3) All permits processed and issued for phases of a project shall be clearly defined as to the nature and extent of work covered. Each phase of the project must be reviewed and permitted by the enforcement agent prior to construction.
(C) Permit application review. Concurrent with and pursuant to the Grand Traverse County Soil Erosion Control Ordinance #25, the enforcement agent shall approve, approve with conditions, or deny the application after the completed application is submitted together with all required plans and fees. The enforcement agent shall reject any application which is incomplete.
(D) Approval; certification not required. Approval shall be granted if the storm water control plan meets the requirements set forth in the design standards and the requirements of this chapter.
(E) Approval; certification required. For any site requiring that a storm water control plan be prepared by a State of Michigan registered professional, the enforcement agent shall grant approval if the storm water control plan meets the requirements set forth in the design standards and upon receipt by the enforcement agent of a letter from the registered professional certifying that the storm water control plan meets all the requirements of the design standards.
(F) Approval with conditions. If the application is approved with conditions, the enforcement agent must state in writing the conditions upon which approval is based.
(G) Denial. The enforcement agent shall notify the applicant in writing if the application is denied and the reasons for the denial.
(H) Permit expiration. All permits approved by the enforcement agent shall expire upon the occurrence of project completion date provided on the application or 1 year, whichever occurs first. The enforcement agent may extend the permit for a period not to exceed 1 year upon good cause shown by the landowner or permit applicant. The enforcement agent may charge an additional fee to cover the cost of continued inspections, the amount of which is specified in the current permit and review fee schedule, in effect for the Grand Traverse County Drain Commissioner’s Office and may be amended by the county concurrent with and pursuant to the Grand Traverse County Soil Erosion Control Ordinance #25. All fees are to cover administrative expenses of processing the storm water control permit and the soil erosion control permit including inspections and monitoring of projects.
(I) (1) Permit revocation or suspension. A permit issued under this ordinance may be revoked or suspended by the enforcement agent for any of the following reasons:
(a) A violation of a condition of the permit;
(b) Misrepresentation or failure to fully disclose relevant facts in the application;
(c) A change in the condition that requires a temporary or permanent change in the activity;
(d) Authorized work is abandoned or suspended for a period of 6 months or more;
(e) A non-approved waiver of the buffers and setbacks established in the design standards.
(2) Notification of a revocation or suspension shall be made in writing. The notice will specify the reason(s) for the revocation or suspension and the time for an appeal of the revocation or suspension.
(Ord. 02 06-07, passed 6-4-2007) Penalty, see § 53.99