7-7-4: STORMWATER MANAGEMENT PLANS AND COMPREHENSIVE DRAINAGE PLANS:
   A.   Requirements: To minimize the discharge and transport of pollutants to storm drains and prevent the deterioration of water quality, certain new developments and redevelopment projects will be required to submit for approval a stormwater management plan or a comprehensive drainage plan to control the quality, volume and rate of stormwater runoff. The Idaho department of environmental quality and common engineering practice establishes standards and guidelines for implementing BMPs and stormwater management plans and is incorporated by reference and made part of this chapter.
      1.   Stormwater management plans or comprehensive drainage plans are required for industrial, commercial, and institutional developments which require a building permit and all residential developments, as well as subdivision projects that have private access, which also require a building permit.
      2.   Redevelopment projects may be required to submit complete stormwater management plans or operation and maintenance plans if required by the city of Middleton.
      3.   Stormwater management plans and comprehensive drainage plans shall be developed in accordance with commonly accepted engineering practices and shall be stamped by a licensed professional engineer. All stormwater shall be managed on site unless an alternate discharge plan is approved by the city.
   B.   Submission And Review Process:
      1.   Stormwater management plans and comprehensive drainage plans shall be submitted at the time construction plans and/or building plans are submitted. The plans shall be submitted to the city as part of the building permit or plat application. In those instances where stormwater management plans and comprehensive drainage plans are required, but no building permit is required, said plans shall be submitted as part of the development plan. The plans shall be reviewed by the city for their compliance with local, state and federal rules and regulations.
         a.   All stormwater shall be managed to support water quality. No plan shall be approved that increases the level of stormwater runoff from impervious areas.
         b.   No development or use of land which requires a stormwater management plan or comprehensive drainage plan as per this section shall be permitted without the city approval of such plan.
         c.   No building permit or final certificate of occupancy shall be issued without an approved stormwater management plan if required under this section. Before final occupancy is granted, the design engineer shall certify the stormwater system was constructed in substantial conformance with the approved plans, and best management practices are in place and functional.
      2.   The city shall be notified of the commencement of any development covered by a comprehensive drainage plan and the owner shall be required to provide engineering certification that the development is in conformity with the previously approved comprehensive drainage plan.
      3.   All modifications to comprehensive drainage plans shall be submitted to the city for approval.
      4.   Approval of the stormwater management plan or comprehensive drainage plan does not relieve the owner or responsible party from the duty to ensure the systems and their safety measures function as designed.
      5.   Approval may be suspended or revoked at any time if conditions are not as stated or shown in the approved application or implementation of the plan is not proceeding in the approved manner.
      6.   Approval of any plans by the city shall not create a liability on the part of or cause of action against the city.
   C.   Maintenance Of Stormwater Facilities:
      1.   Stormwater facilities shall be maintained by the facility owner.
      2.   Disposal of waste from maintenance of facilities shall be conducted in accordance with applicable federal, state and local laws and regulations.
      3.   Records of installation and maintenance and repair shall be retained by the owner for a period of five (5) years and shall be made available to the city upon request. (Ord. 587, 1-18-2017)