(A) Generally. All permit submittals shall include the material listed in the sections for the applicable type of development, unless the submittal requirements are specifically modified by the procedure in division (B) below.
(B) Modification of submittal requirements. The Chief Subdivision Engineer may, at his or her discretion, modify the submittal requirements on a case-by-case basis considering the size, complexity and likelihood that a development will affect the discharge of stormwater. These modifications shall be requested and answered in writing. The Chief Subdivision Engineer’s response shall note the relevant findings, and be specific as to what submittal requirements are changed. The Director shall be copied on all related correspondence. The Chief Subdivision Engineer may not modify submittal requirements for any aspect of the development requiring state or federal permits or approvals, nor for any application in which any variance is requested.
(C) Application and project overview. The applicant shall provide the following information as a minimum, on forms or in a format approved by the Chief Subdivision Engineer:
(1) The name and legal address of the owner(s) of the site and the permit applicant;
(2) The common address, legal description, property identification number (PIN) of the site;
(3) The name of the project, area of the site in acres, type of development;
(4) A general narrative description of the development, existing and proposed conditions, and project planning principles considered, including best management practices used;
(5) Affidavits signed by the owner or the applicant’s authorized representative attesting to their understanding of the requirements of this chapter and their intent to comply therewith;
(6) A statement of opinion by a qualified person either denying or acknowledging the presence of floodplain on the development site;
(7) Copies of other stormwater related permits or permit applications as required;
(8) A subsurface drainage investigation report; and
(9) An engineer’s estimate of probable construction cost of the stormwater facilities.
(D) Plan set submittal. All applicants for a site development permit shall provide the following basic plan exhibits: site topographic map; general plan view drawing; sediment/erosion control plan; and a vicinity topographic map. Each exhibit may be on more than one drawing for clarity. The development plan and associated stormwater/floodplain calculations shall be submitted on a digital diskette in a format compatible with the county’s geographic information system (GIS). The specific information to be included on each exhibit shall be as noted below.
(1) Site topographic map meeting the following requirements shall be submitted:
(a) Map scales as one inch equals 50 feet (or less) and accurate to +/- 0.5 feet;
(b) Existing and proposed contours (one-foot intervals) on-site and within 100 feet of site;
(c) Existing and proposed drainage patterns and watershed boundaries;
(d) Delineation of pre-development regulatory floodplain/floodway limits;
(e) Delineation of post-development regulatory floodplain/floodway limits;
(f) Location of cross-sections and any other hydrologic/hydraulic computer modeled features;
(g) Location of all on-site drain tiles;
(h) Boundary of all wetlands, lakes, ponds and the like with normal water elevation noted;
(i) Location of all existing buildings and those to remain on the site noted;
(j) Nearest base flood elevations;
(k) FEMA and any site-specific benchmarks (tied to county benchmarks) used; and
(l) Highlight all contours used in the calculation of depressional storage.
(2) General plan view drawing meeting the following requirements shall be submitted:
(a) Drawing at the same scale as the site topographic map;
(b) Existing major and minor stormwater systems;
(c) Proposed major and minor stormwater systems;
(d) Design details for stormwater facilities (i.e., structure and outlet work detail drawings and the like);
(e) Scheduled maintenance program for permanent stormwater facilities including BMP measures;
(f) Planned maintenance tasks and schedule;
(g) Identification of entities responsible for maintenance;
(h) Permanent public access maintenance easements granted or dedicated to, and accepted by, a government entity;
(i) Proposed regulatory floodplain and floodway location (with the base flood and flood protection elevations noted); and
(j) Highlight all plan areas at elevations below the 100-year high water elevation of site runoff storage facilities.
(3) Sediment and erosion control plan meeting the following requirements shall be submitted:
(a) Drawings at the same scale as the site topographic map;
(b) Sediment/erosion control installation measures and schedule;
(c) Existing and proposed roadways, structures, parking lots, driveways, sidewalks and other impervious surfaces;
(d) Limits of clearing and grading;
(e) Floodplain/floodway locations;
(f) Proposed buffer location, existing soil types, vegetation and land cover conditions; and
(g) List of maintenance tasks and schedule for sediment/erosion control measures.
(4) Vicinity topographic map meeting the following requirements shall be submitted:
(a) Vicinity topographic map identifying all off-site areas draining to the development and downstream to the receiving intermittent or perennial stream. (A two foot contour map is preferred at a scale readable by the reviewer but a USGS quadrangle map is acceptable);
(b) Watershed boundaries for areas draining through or from the development;
(c) Soil types related to hydrologic soils group, vegetation and land cover affecting runoff upstream of the site for any area draining through the site;
(d) Location of development site within the major watershed(s); and
(e) Show the overland flow path from the downstream end of the development to the receiving intermittent or perennial stream.
(E) Stormwater submittal. The stormwater submittal shall include narrative discussion and calculations to support a finding that the proposed development complies with the technical requirements of the permitting authorities ordinance. The submittal shall consist of, at a minimum, the following material:
(1) A narrative description of the existing and proposed site drainage patterns and conditions. Include description of off-site conditions, which help to identify stormwater issues considered in the design;
(2) A schedule for implementation of the site stormwater plan;
(3) On-site and off-site runoff calculations which address the following:
(a) Documentation of the procedures/assumptions used to calculate hydrologic and hydraulic conditions for sizing major and minor systems;
(b) Cross-section data for open channels;
(c) Hydraulic grade line and water surface elevations under design flow conditions; and
(d) Hydraulic grade line and water surface elevations under base flood flow conditions.
(4) Site runoff storage calculations, which address the following:
(a) Calculation of hydraulically connected impervious area and corresponding retention volume;
(b) Documentation of the procedures/ assumptions used to calculate hydrologic and hydraulic conditions for determining the allowable release rate;
(c) Documentation of the procedures/ assumptions used to calculate on-site depressional storage;
(d) Documentation of the procedures/ assumptions used to calculate hydrologic and hydraulic conditions for determining the storage volume (on hard copy and on disc);
(e) Elevation-area-storage data and calculations for site runoff storage;
(f) Elevation-discharge data and calculations specifically related to the outlet control structure depicted in the plan exhibits; and
(g) The general plan view drawing of division (D)(2) above shall indicate the areas of directly connected impervious areas and any offsetting landscaped areas as defined in § 164.023(E).
(F) Floodplain submittal. The applicant shall obtain approval from IDNR-OWR and FEMA for all new base flood and floodway determinations for those cases in which their permitting authority applies or as noted in § 164.061 of this chapter. The site development permit will not be issued until the approval is received. Documentation supporting a finding that the proposed development is in compliance with §§ 164.060 and 164.061 shall be submitted with the application. At a minimum, the following material shall be submitted for approval with the application:
(1) Regulatory floodplain boundary determination:
(a) Provide source of flood profile information; and
(b) Provide all hydrologic and hydraulic study information for site-specific floodplain studies, unnumbered Zone A area elevation determinations and floodplain map revisions.
(2) Floodway hydrologic and hydraulic analyses for the following conditions:
(a) Existing conditions (land used and stream systems);
(b) Proposed conditions (land used and stream systems);
(c) Tabular summary of 100-year flood elevations and discharges for existing and proposed conditions;
(d) Calculations used for model development; and
(e) Hydraulic/hydrologic computer model input/output.
(3) Floodplain fill and compensatory storage calculations for below and above ten-year flood elevation up to the base flood elevation:
(a) Tabular summary for below and above ten-year flood elevation of fill, compensatory storage and compensatory storage ratios provided in proposed plan; and
(b) Cross-sections used for the above calculations.
(4) Floodproofing measures:
(a) Narrative discussion of floodproofing measures including material specifications, calculations and design details, operation summary; and
(b) Ensure structures built on fill in or near special flood hazard areas are reasonably safe from flooding (see TB 10-01 published by FEMA).
(5) Flood easements when required by this chapter.
(G) Wetland submittal requirements.
(1) In addition to all other site development permit requirements, wetland permit submittal requirements depend upon whether the development is within waters of the United States or isolated waters of the county as provided below. The applicant shall provide a statement of wetland determination as to which wetlands on the development site are isolated waters of the county or waters of the United States to the United States Army Corps of Engineers (Corps) for a jurisdictional determination. A copy of the jurisdictional determination shall be included with the wetland submittal.
(2) For wetland impacts to waters of the United States or isolated waters of the county, the following information is required:
(a) Wetland delineation and wetland determination report;
(b) A United States Army Corps permit for the proposed development or a letter from the Corps stating that the proposed development does not require Corps authorization;
(c) Buffer area requirements as specified in § 164.067(D);
(d) A cover letter signed by a qualified wetland professional, that provides a clear project purpose and need statement, a description of the proposed activity, area (in acres) of wetland and/or buffer impact;
(e) Buffer area requirements as specified in this chapter;
(f) A delineation of the wetlands consistent with the requirements provided in § 164.067(C) of this chapter, signed by a qualified wetland professional;
(g) A statement on the occurrence of any high quality aquatic resource (HQAR) on or adjoining the development, signed by a certified wetland specialist;
(h) Documentation that the development is in compliance with the State Department of Natural Resource’s endangered species consultation program and the State Natural Areas Preservation Act;
(i) Documentation that the development is in compliance with the United States Fish and Wildlife Service’s consultation program under the Endangered Species Act;
(j) A mitigation plan meeting the requirements of this chapter;
(k) A discussion, hydrology calculations or other supporting information to document that on-site preserved wetlands and off site wetlands will not be impacted either from adverse changes in hydrology or pollutant/sediment loading or erosion;
(l) A copy of the natural resources information report (NRI) for development that is required to obtain a NRI performed by the County Soil and Water Conservation District;
(m) A narrative of the alternative measures taken to avoid, minimize, or mitigate for wetland impacts to isolated waters of the county; and
(n) Shoreline and streambank erosion restoration that meet the requirements contained in divisions (J) and (K) below are exempt from submittal requirements contained in this division.
(H) Permit exceptions.
(1) The provisions of this chapter shall not apply to:
(a) Emergency work necessary to preserve life or property; when emergency work is performed under this section, the person performing it shall report the pertinent facts relating to the work to the County Land Use Department within ten working days after commencement of the work and shall thereafter obtain a site development permit and shall perform that work as may be determined by the agency to be reasonably necessary to correct any impairment to the watercourse, lake, pond, floodplain or wetland;
(b) Work consisting of the operation, repair or maintenance of any lawful use of land existing on the date of adoption of this chapter;
(c) Lands adjacent to farm ditches if:
1. The lands are not adjacent to a natural stream or river;
2. Those parts of the drainage ditches adjacent to such lands were not streams before ditching; or
3. The lands are maintained in agricultural uses without buildings and structures.
(2) Where farm ditches are found to contribute to adverse environmental impacts or hazards to persons or property, the County Land Use Department may request submittal of a stormwater management application. The County Land Use Department may also require that linings, bulkheads, dikes and culverts be removed to mitigate hazards or that other mitigating measures be taken, such as the maintenance of a natural vegetation buffer strip.
(I) Conditions and restrictions for permitting stream modification. Stream modification is subject to the following conditions and restrictions:
(1) Water quality, habitat and other natural functions must be improved by the modification;
(2) No HQAR habitat area may be destroyed; and
(3) All of the requirements of a site development permit must be provided as well as the information required in division (K) below.
(J) Required content of stream modification/ relocation plan. Stream relocation may be permitted in accordance with a stream relocation plan that provides, to the extent possible, for:
(1) The creation of a natural meander pattern, pools, riffles and substrate;
(2) The formation of gentle side slopes (at least three feet horizontally per one foot vertically), including installation of erosion control features;
(3) The utilization of natural materials wherever possible;
(4) The planting of vegetation normally associated with streams, including primarily native riparian vegetation that is capable of holding banks and soil in place;
(5) The creation of spawning and nesting areas where appropriate;
(6) The re-establishment of the native fish population where appropriate;
(7) The restoration of water flow characteristics compatible with native fauna habitat areas, where appropriate;
(8) The filling and revegetation of the prior channel;
(9) A proposed phasing plan, specifying time of year for all project phases;
(10) Plans for sediment and erosion control; and
(11) Establishment of a low-flow channel which reflects the conditions of a natural stream.
(K) Criteria for permitting armoring of channels and banks. Armoring in the form of bulkheads, riprap or other materials or devices is not permitted except in accordance with a site development permit as well as the following:
(1) The use of revegetation and gradual bank slopes are practicable;
(2) Significant erosion cannot be prevented in any other way;
(3) The bulkhead or other device is not placed within a wetland, or between a wetland and a lake or pond except where necessary to resolve a health, safety or welfare issue; and
(4) The bulkhead, riprap or other device will minimize the transmittal of wave energy or currents to other properties.
(L) Criteria for permitting the use of culverts. Culverts are not permitted in streams except in accordance with a site development permit as well as the following:
(1) Where a culvert is necessary for creating access to a property (use of culverts as a convenience, in order to facilitate general site design, is not to be considered);
(2) The culvert must allow passage of fish inhabiting the stream, and accommodate the 100-year flood event without increasing upstream flooding, except where a restricting culvert is desirable as part of an overall storm and floodwater management plan;
(3) The culvert must be maintained free of debris and sediment to allow free passage of water, and if applicable, fish; and
(4) The stream bottom should not be significantly widened for the placement of a culvert as this situation will likely increase erosion and downstream sedimentation; if multiple culverts must be installed, one culvert should be at the level of the bottom of the stream and the others at or above normal water elevation.
(M) Stream maintenance easement. The applicant shall grant an access easement for stream maintenance purposes to county over a 25 feet wide strip adjacent to the stream bank except in the case where the property owner is another unit of government.
(N) Effect on other permits. The issuance of a site development permit under the provisions herein shall in no way affect the owner’s responsibility to obtain the approval required by any other statute, ordinance, or regulation of any state agency or subdivision thereof, or to meet other county ordinances and regulations. Where state and/or federal permits are required, a site development permit will not be issued until they are obtained.
(Ord. 10-164, passed 6-17-2010)