(A) Applicability. Every applicant for a subdivision, PUD or major land disturbance permit must submit a Storm Water Management Plan to the city for review and approval. No land use approval or major land disturbance permit will be issued by the city until approval of the storm water management plan has been obtained.
(B) Exemptions. The provisions of this subchapter do not apply to:
(1) Any part of a subdivision or PUD if the preliminary plat has been approved by the City Council on or before the effective date of this subchapter;
(2) Any major land disturbing activity for which plans have been approved by the controlling watershed management organization within six months prior to the effective date of this subchapter;
(3) Installation of fences, signs, telephone or electrical poles and other kinds of posts or poles;
and
(4) Emergency work to protect life, limb or property.
(C) Waiver.
(1) The City Council, upon recommendation by the Planning Commission, may waive any requirement of this subchapter upon making a finding that compliance with the requirement will involve an unnecessary hardship due to limitations of the site conditions, and the waiver of such requirement will not adversely affect the standards and requirements set forth in this subchapter.
(2) The City Council may require as a condition of the waiver, such dedication or construction, or agreement to dedicate or construct physical improvements, facilities, property or easements as may be necessary to adequately meet this subchapter’s standards and requirements.
(Prior Code, § 430.05) (Ord. 2008-05, passed 5-21-2008)