(A) Request for a waiver. Before preparing a permit application for a development or redevelopment project in accordance with the requirements in § 54.05, an owner/developer may submit a written request to the AHJ for a waiver of the storm water design standards specified in this chapter. To be accepted, the waiver must comply with all requirements in either division (1) or division (2) below.
(1) It is for redevelopment of a parking lot within the city, the city is the AHJ, and it includes a written statement and drawing that together show each of the following about the project:
(a) It entails redevelopment of the parking lot only within the footprint of the existing parking lot less than 2,600 square feet in size, and it will not increase the total area of impervious surfaces on the property;
(b) It will not include the construction of any new structures or facilities, and will not impact any existing structures or facilities;
(c) It will not increase storm water runoff onto adjacent property or into the city storm water system;
(d) It will not require a change to the storm water management drainage system;
(e) It will not accept additional storm water from adjoining properties, buildings, or other structures;
(f) It will not eliminate or reduce the volume or effectiveness of existing storm water structures, facilities, or measures;
(g) If regrading is involved, it will not result in a change of drainage pattern; and
(h) It is not located within the A-17A drainage district or Upton drain area, as shown in the drawing labeled “Area Boundary Where no Parking Lot is Exempt from Storm Water Ordinance,” dated 9-20-2017, prepared by and on file with the Division of Public Works Engineering Department (an exhibit attached to Ordinance No. 1028, passed 10-9-17, that is hereby incorporated by reference as part of § 54.04(A)(1)).
The application shall be accompanied by a permit fee in an amount established by a resolution of the City Commission.
(2) The waiver application includes a written statement and a drawing that together show that no retention measures of any type are needed in order to prevent adverse effects on neighboring properties or public infrastructure, because:
(a) There will be no more than a de minimis increase in impervious surfaces on the site;
(b) There will be no increase or only a de minimis increase in storm water resulting from the project; and
(c) The amount of discharge at the project site has historically been within the levels permitted under this chapter.
(B) Waiver approval. If the waiver satisfactorily meets one the criteria in division (A), the AHJ shall waive all further requirements under this chapter and grant a storm water permit. However, even when issuing a waiver, the AHJ may require a maintenance agreement under this chapter if the AHJ determines, in its discretion, that such agreement is needed to ensure the future protection of public infrastructure.
(C) Pre-application meeting. It is highly recommended that the owner/developer and the design engineer meet with the AHJ and/or its designee, and applicable utility companies, where the project is proposed prior to submitting a permit application. The intention of these meetings is to obtain uniform direction and communication to minimize misdirection of early construction and minimize costs to proprietors, developers, and consultants.
(D) Permit application submittal. The owner/developer or the engineer of record on behalf of the owner/developer shall submit permit applications to the AHJ. Application for a permit shall be made prior to the start of any work on the proposed development or redevelopment requiring a permit under this chapter. Soil test borings, vegetative cutting solely for land surveys, percolation tests, and normal maintenance shall not be considered a start of work under this chapter.
(E) Sequential applications for phased projects. For projects on a site which are so large or complex that a plan encompassing all phases of the project cannot reasonably be prepared prior to initial work, sequential applications on major construction activities may be allowed. Requests for sequential applications shall be approved by the AHJ prior to submittal of the initial permit application.
(Ord. 992, passed 1-12-15; Am. Ord. 1028, passed 10-9-17)