A. Development Classification.
1. Refer to the Development Classification Flowchart in Appendix 1.
2. The Enforcement Officer shall make the determination regarding the classification of a regulated development.
3. All regulated development requiring a stormwater management permit, except regulated development authorized by a General Permit, shall be classified as a Minor, Intermediate, Major, Public Road, or Mining Development.
4. Regulated development located partially or completely within a flood hazard area shall also be classified as a Flood Hazard Area Development.
5. Regulated development located partially or completely within WOTUS or IWMC shall also be classified as a Wetland and Waters Development.
6. Regulated development located partially or completely within a watershed or sub-watershed, for which additional or more restrictive standards have been adopted by MCSC or a Certified Community, shall also be classified as a Watershed Specific Area Development.
7. To the extent that a regulated development fits multiple classifications, it shall comply with all applicable requirements for each classification.
B. Development Phasing. In order to preclude inappropriate phasing of development to circumvent the intent of this Ordinance, the requirements of this Ordinance shall apply all regulated development within the contiguous property, unless waived by the Enforcement Officer.
C. Approval Prior to Permitting.
1. Prior to the issuance of stormwater management permit, the applicant may request conditional approval of: a BFE determination, floodway delineation, IWMC boundary determination, or any other component of a regulated development. A request for conditional approval shall include the information required for the component of regulated development by the Application Requirements of this Ordinance. The Enforcement Officer shall review the component of regulated development based on conformance with the Performance Standards of this Ordinance.
2. Earth change approval for a regulated development may be granted by the Enforcement Officer prior to the issuance of a stormwater management permit. The Earth change approval is subject to the following conditions:
a. An Earth Change Plan shall be submitted demonstrating that the proposed grading would meet the applicable Performance Standards of this Ordinance;
b. No impervious areas shall be created;
c. No fill shall be placed in flood hazard areas;
d. No regulated development may occur within IWMC or WOTUS;
e. No regulated development may occur in areas for which Federal and/or State permits are required, unless the applicable permits have been obtained;
f. All regulated development shall be completed at the risk of the applicant;
g. Additional conditions may be specified by the Enforcement Officer, depending on development site characteristics; and
h. Earth change approval may be revoked by the Enforcement Officer at any time for non-compliance with the requirements of this Ordinance or the conditions of the earth change approval.
D. Fees and Application Review Times.
1. A fee schedule shall be established by separate resolution of McHenry County.
2. A separate fee schedule may be established by Certified Communities.
3. Stormwater management permit applications shall be reviewed within 15 business days of receipt to determine if the Application Requirements of this Ordinance have been met. A complete application package shall be approved or denied within 45 business days of the latest item submitted.
E. Permit Terms and Extensions.
1. The term of a stormwater management permit shall be from the issue date to the expiration date. The term of a stormwater management permit shall be:
a. The lesser of 2 years or the term of the building permit for General Permits and for Minor, Intermediate, and Public Road Developments;
b. The lesser of 3 years or the term of the building permit for Major Developments; or
c. The lesser of 10 years or the term of the conditional use permit for Mining Development.
2. A permit extension may be requested in writing by the applicant if the regulated development is not completed within the term of the stormwater management permit. The Enforcement Officer may extend the permit for the time periods listed below. Permit extension requests may not be made prior to 90 days of the permit expiration date.
a. The permit term for General Permits and for Minor, Intermediate, and Public Road Developments may be extended for 6 months at a time.
b. The permit term for Major Developments and Mining Developments may be extended for 12 months at a time.
3. The Enforcement Officer may amend or add special conditions to the permit at the time of the extension, such as updating the terms of a performance guarantee by revising the estimated cost to complete construction.
4. A stormwater management permit shall be terminated without the possibility of an extension if the actual start of construction is not commenced within 180 days after the issue date of the stormwater management permit and if any activity related to a building authorized by the stormwater management
permit is not in compliance with the most recent version of:
a. The FIS;
b. The FIRM;
c. The NFIP regulations; and
d. The Flood Hazard Areas Performance Standards of this Ordinance.
5. A stormwater management permit may be terminated during its term or a permit extension may be denied for reasons including, but not limited to:
a. Noncompliance with any condition of the permit;
b. The applicant’s failure to disclose fully all relevant facts in the application process or the applicant's misrepresentation of any relevant facts at any time;
c. The regulated development is not commenced within 2 years after the issue date of the stormwater management permit;
d. The regulated development is suspended or abandoned for a period of 6 months after commencing the regulated development.
F. Permit Conditions.
1. Special Conditions may be added to a permit by the Enforcement Officer to clarify the purpose or authorization granted by the stormwater management permit. Special conditions may also specify other restrictions and constraints of the regulated development.
2. Development plans bearing the approval stamp of the Enforcement Officer shall be retained at the development site throughout the duration of construction activities.
3. A deed or plat restriction required as part of a stormwater management permit shall not be modified without the approval of the Enforcement Officer.
(Ord. O-2020-09-15, passed 9-15-2020)