§ 164.083 SUBMITTALS PRIOR TO PERMIT ISSUANCE.

   The following additional submittals are required prior to issuance of the site development permit.

   (A)   Performance security. Performance security in accordance with §§ 164.180 through 164.183 shall be required prior to permit issuance.

   (B)   Maintenance schedule and funding. A completed maintenance schedule for the stormwater management facilities and special management areas, in accordance with §§ 164.100 through 164.105 shall be submitted along with identification of the entity responsible for maintenance and funding and back-up funding sources for maintenance in accordance with § 164.105.

(Ord. 10-164, passed 6-17-2010)

§ 164.084 RECORD DRAWINGS.

   The developer is required to submit record drawings of all permitted stormwater facilities. The record drawings shall be signed and sealed by a professional engineer or professional land surveyor who shall state that the project as constructed is substantially in conformance with the project as permitted. The record drawings shall include calculations verifying that the volumes of detention and compensatory storage required in the permit have been provided.

   (A)   It is recommended that the “as built” volume calculations and record drawings for the detention and compensatory storage areas be submitted for approval by the Chief Subdivision Engineer prior to final grading and landscaping of the area.

   (B)   “As built” grading plan shall be submitted to the Chief Subdivision Engineer prior to issuance of final certificate of occupancy for a structure if a site grading plan was a requirement of the permit. This “as built” grading plan shall include sufficient specific actual land elevations to prove that the grading was constructed in accordance with the intent of the grading plan submitted for the building permit.

   (C)   In addition, an elevation certificate must be submitted for any construction built in a SFHA. The Chief Subdivision Engineer will review and maintain the completed elevation certificates showing the “finished construction” elevations for all buildings constructed or substantially improved in the SFHA, and copies of the elevation certificates will be available to the property owner, his or her agents and FEMA.

(Ord. 10-164, passed 6-17-2010)

§ 164.085 ISSUANCE OR DENIAL OF PERMIT AND APPEAL OF PERMIT DENIAL.

   (A)   The Chief Subdivision Engineer shall either issue or deny a site development permit within 30 days of receiving a complete permit application and all required submittals and fees, unless additional time is granted by both the Chief Subdivision Engineer and the applicant. When a permit is denied, the applicant may appeal the Chief Subdivision Engineer’s decision to the Land Use and Development Committee provided the appeal is made in writing within 15 days of the date of the notification of denial. The Land Use and Development Committee shall render a decision to issue the site development permit, issue the permit with conditions, or uphold the Chief Subdivision Engineer’s denial of the permit. The Land Use and Development Committee shall render its decision within 30 days of the appeal. Failure to take action shall be deemed action to uphold the permit denial by the Chief Subdivision Engineer.

   (B)   Upon denial by the Land Use and Development Committee, the applicant may file an appeal in writing within 15 days of the denial or decision or the Committee’s action to the County Board. This appeal shall be addressed to the County Executive with copies sent to the Chairperson of the Land Use and Development Committee and to the Chief Subdivision Engineer.

(Ord. 10-164, passed 6-17-2010)

LONG-TERM MAINTENANCE

§ 164.100 LONG-TERM MAINTENANCE.

   (A)   Unless maintenance responsibility has been delegated to and accepted by another qualified entity under this section, the owner shall maintain that portion of a stormwater drainage system located upon his or her land. With the approval of the Chief Subdivision Engineer, the stormwater drainage system, or specified portions thereof, may be:

      (1)   Dedicated or otherwise transferred to and accepted by the county, township or other public entity;

      (2)   Conveyed or otherwise transferred to and accepted by a homeowner’s association, or similar entity, the members of which are to be the owners of all of the lots or parcels comprising the development; or

      (3)   Conveyed to one or more persons or in one or more undivided interests to one or more persons.

   (B)   Except for those portions of a stormwater drainage system to be dedicated or otherwise transferred to the permitting authority or other public entity, included in the application for a site development permit shall be a plan for the long-term management, operation and maintenance of the stormwater drainage system and a description of the sources of funding therefore. Amendments to the plan must be approved by the Land Use and Development Committee.

(Ord. 10-164, passed 6-17-2010)

§ 164.101 TRANSFER TO PERMITTING AUTHORITY OR OTHER PUBLIC ENTITY.

   If any portion of the stormwater drainage system is to be dedicated or otherwise transferred to the county, township or other public entity under § 164.100(A)(1), appropriate easements for ingress and egress to and maintenance of those portions shall be reserved for the benefit of the entity on the final plat.

(Ord. 10-164, passed 6-17-2010)

§ 164.102 TRANSFER TO HOMEOWNER’S OR SIMILAR ASSOCIATION.

   If any portion of the stormwater drainage system is to be conveyed or otherwise transferred to a homeowner’s or similar association under § 164.100(A)(2) then:

   (A)   Appropriate easements for ingress and egress to and maintenance of the portions shall be reserved for the benefit of the association and the permitting authority on the final plat;

   (B)   The association shall be duly incorporated and a copy of the certificate of incorporation, duly recorded, and bylaws, and any amendment to either of them, shall be delivered to the Chief Subdivision Engineer;

   (C)   The bylaws of the association shall, at a minimum, contain:

      (1)   A provision acknowledging and accepting the association’s obligation to maintain certain portions of the stormwater drainage system as required by this chapter;

      (2)   A mechanism for imposing an assessment upon the owners of all of the lots or parcels comprising the development sufficient, at a minimum, to provide for the maintenance of those portions of the stormwater drainage system as required by this chapter and the payment of all taxes levied thereon;

      (3)   A provision adopting the plan of long term maintenance set forth in the application for a site development permit, with approved amendments;

      (4)   A provision identifying the officer of the association responsible for carrying out the obligations imposed upon the association under this chapter, and an obligation to inform the Chief Subdivision Engineer of the name, address and phone number of this officer and any changes thereto;

      (5)   A provision requiring the consent of the permitting authority to any amendment of the bylaws changing any of the provisions of the bylaws required by this chapter; and

      (6)   A provision requiring the consent of the permitting authority to the dissolution of the association.

   (D)   Any conveyance or other instrument of transfer delivered under § 164.100(A)(2) shall include a covenant affirmatively imposing upon the association the obligations set forth in this section and the association’s affirmative acceptance thereof.

(Ord. 10-164, passed 6-17-2010)