(A) Any person or entity desiring a stormwater construction activity permit must first file an application with the City Planning Department.
(B) The application may be submitted independently, or as part of an application for a site plan, subdivision plan, or building permit approval.
(1) Content. The application shall include a stormwater pollution prevention plan which meets the criteria set forth in § 155.043.
(2) Timing. The applicant shall file the application on or before the following dates:
(a) Subdivision. The date that the applicant submits the preliminary subdivision development plat application;
(b) Site plan. The date that the applicant submits a site plan application or amended site plan;
(c) Building permit. The date that the applicant submits a building permit application if the applicant proposes to construct a building on an existing lot or parcel;
(d) Land use permit. The date that the applicant submits a land use permit application; or
(e) Other. At least two weeks before the developer intends to perform any type of work not listed above that would require a stormwater construction activity permit pursuant to this subchapter. If an applicant’s development comes under more than one of the categories listed above, then the applicant shall submit the stormwater construction activity permit application on the earliest of the listed dates. Failure to comply with the application dates set forth above is not a criminal offense, but may delay the applicant’s project. Failure to acquire a required stormwater construction activity permit is grounds for tabling a related subdivision application, site plan application, conditional use permit application, or building permit application. It is unlawful to commence work (move dirt) on a development site before obtaining a required stormwater construction activity permit.
(3) Fee. The applicant for a stormwater construction activity permit shall pay a fee in an amount set by resolution of the City Council.
(4) Application approval. The City Engineer or designee shall approve the application and grant the permit if the application is complete and meets the criteria set forth in § 155.043. The City Engineer shall deny the application or approve the application with conditions if he or she determines that the measures proposed in the plan fail to meet the criteria set forth in § 155.043. Conditions the City Engineer may impose in connection with the approval of a permit include, but are not limited to, the establishment of specific measures and controls to prevent erosion and the discharge of sediment, debris, and other construction-related pollutants from the site by stormwater.
(5) Term. Unless otherwise revoked or suspended, a stormwater construction activity permit shall be in effect for the full period of the construction activity. The construction activity will not be considered to be completed until the following events occur:
(a) Subdivisions. For permits associated with a subdivision plat approval:
1. The permittee must complete all required subdivision improvements; and
2. One of the following three events must occur:
a. The city issues a final certificate of occupancy for each lot in the subdivision;
b. Individual stormwater construction activity permits have been issued for each lot in the subdivision not having a final occupancy permit; or
c. The property has been revegetated or landscaped in a manner that eliminates erosion and sediment discharge, or that brings the property back to its natural state.
3. The plan must include provision for on-site detention or coordination with regional detention.
(b) Site plans. For permits associated with a site plan approval, the date that the permittee has completed all required landscaping and all outside construction work associated with the site plan;
(c) Building permits. For permits associated with a building permit application, the date that the city issues a final occupancy permit for the structure covered by the building permit; and
(d) Other. For permits issued that are not tied to other approvals from the city, the date that the permittee has completed all work associated with the permit and takes steps required by the permit to prevent further erosion and runoff from the site.
(6) Termination. No stormwater construction activity permit shall be considered terminated until the permittee submits a notice of termination of construction activity permit (“notice”) to the city and the notice is accepted by the city. The city shall accept the notice if the permittee has met the requirements of the permit and this subchapter.
(7) Amendments. In the event that the proposed construction activity for a site to which a permit pertains is materially altered from that described in an original plan in a way that may have a significant impact upon the effectiveness of the measures and controls described in the original plan, the permittee shall file an amended stormwater pollution prevention plan which meets the criteria set forth in § 155.043.
(Prior Code, § 13.24.040) (Ord. 17-2020, passed 5-20-2020) Penalty, see § 155.999