9-2-7: STORMWATER MANAGEMENT CERTIFICATION REVIEW AND COUNTY AUTHORIZATION:
   A.   Stormwater Management Certification Review Responsibilities In Partial Waiver Communities: When a community petitions for and is granted a partial waiver of enforcement of the county ordinance, such community shall have the authority to review and approve applications for stormwater management certifications in all areas under its jurisdiction, provided that:
      1.   A partial waiver community shall send applications for stormwater management certifications to the director for review and "authorization" signifying compliance with the applicable provisions of the county ordinance when a development includes: sites with wetlands on or within one hundred feet (100') of the development, buffers, and sites which include regulatory floodplain, with the following exceptions:
         a.   The administrator in a partial waiver community may determine that a development site does not contain a wetland, buffer or floodplain. Further, the administrator may also determine, without obtaining authorization from the director, that a wetland or buffer is on the development site and that it will not be impacted by the development based on information submitted by the applicant.
         b.   The administrator in a partial waiver community may review, without submittal to the county, applications for developments on sites that contain regulatory floodplain/floodway where no impact to the portion of the site containing regulatory floodplain/floodway is proposed. The administrator may also review site specific floodplain determinations, and developments in the floodplains, for drainage areas less than six hundred forty (640) acres where no floodway has been designated.
      2.   Those applications for development where the administrator has submitted the application to the county for authorization may, after the director authorizes the application for development, issue the stormwater management certification if the application meets the requirements of the county ordinance or this title, as applicable.
   B.   Stormwater Management Certification Review Responsibilities In A Complete Waiver Community: When a community petitions for and is granted a complete waiver of enforcement of the county ordinance, such community shall review and certify, signifying compliance with the county ordinance, all applications for development under all provisions of the ordinance within the boundaries of its jurisdiction.
   C.   Stormwater Management Certification Review Responsibilities In A Nonwaiver Community: When a community does not petition for a waiver of enforcement of the county ordinance, such community shall have applications reviewed and certified by the director, signifying compliance with all provisions of the county ordinance within the boundaries of the community.
   D.   Stormwater Management Reviews: Overall responsibility for supervision of the review of all aspects of a stormwater management application under the jurisdiction of this title rests with the administrator, however the administrator shall ensure that technical reviews are under the supervision of a professional engineer meeting the requirements of subsections 9-17-6C1a and C1b of this title for complete waiver communities and subsection 9-17-6C2a of this title for partial waiver communities. The administrator will also utilize, as the situation requires, the appropriate experts who must meet the requirements of subsections 9-17-6C1c and C1d of this title for a complete waiver community or subsection 9-17-6C2b of this title for a partial waiver community to review those aspects of the development lying outside of the professional engineer's area of expertise in accordance with the following:
      1.   In a partial waiver community, the professional engineer may utilize a person with expertise in plant ecology for design review and construction observation of PCBMP installations which rely upon vegetation for water quality or runoff volume reduction. The professional engineer may utilize a soil scientist or geotechnical engineer, or other person with significant applicable soils expertise for PCBMP installations which rely on infiltration for water quality improvement and volume reduction. The professional engineer will coordinate review comments on an application with those from the director on the same development.
      2.   In a complete waiver community, the reviewing professional engineer shall provide a written opinion that the proposed development meets the minimum requirements of the county ordinance. Wetland delineation and other wetland or buffer related aspects outside the expertise of the professional engineer must be reviewed by an environmental scientist employed by the community in accordance with subsection 9-17-6C1c of this title who shall provide a written opinion on those matters within their area of expertise that the proposed development meets the minimum requirements of this title.
      3.   In a nonwaiver community, the director, or his designee, will determine the appropriate individuals to review the application and coordinate review comments. (Ord. G-1003, 6-11-2013)