There is hereby created and established an environmental assessment procedure. The purpose of the environmental assessment is to enable the Planning Commission and City Council to assess the environmental effect of any proposed project, construction or change of land use that has the potential because of its character, magnitude, or location to effect the health, safety and welfare of adjoining properties, prior to the issuance of a permit pursuant to other ordinances of the City. All environmental assessments shall be submitted using the following procedure.
(a) EAS Required. An environmental assessment statement shall be required as set forth below. No zoning permit certificate or building permit shall be issued prior to Council's approval of the Environmental Assessment Statement as set forth herein.
(1) At the time application for approval of a preliminary plat of a subdivision is submitted;
(2) At the time a development plan is submitted for new construction of all permitted uses in multi-family, business, industrial and airport districts and all conditional uses in all districts;
(3) At the time a development plan is submitted for any existing or previously approved development meeting the criteria of subsection (a)(1) above which proposes to alter, reconstruct or, otherwise modify a use or site including expanding the floor area of the permitted use, increasing the number of dwelling units in a multi-family development, or changing the use which requires an increase in the amount of parking or a change in the site's circulation;
(4) Prior to the issuance of a permit to commence grading, clearing and/or excavating activities that disturb 1.0 acres or more;
(5) At the time an application is submitted for a zoning map amendment;
(b) Submission of an Environmental Assessment Statement. When an application is submitted for action as outlined in (a) above, the applicant shall submit an Environmental Assessment Statement to the Building and Zoning Inspector on the form obtained from the Building Department. The Environmental Assessment Statement shall include, but not be limited to, the following information:
(1) A complete description of the location, scope and character of the proposed subdivision, development or structure;
(2) Quantity and rate of storm water run-off and the method to dispose of runoff;
(3) Potable and firefighting water demands, including peak hour requirements;
(4) Amount of noise, water and air pollution, probable or predicted;
(5) Time line and proposed schedule of construction of any structures or improvements as set forth in Section 1109.12(k);
(6) List of used or stored hazardous wastes or materials;
(7) When submitted in conjunction with an application for a zoning map amendment:
A. The present and proposed zoning classifications.
B. Traffic impact:
C. Predicted demands on the school system.
(c) Filing Fee. The fee for review of an Environmental Assessment Statement is included in the fee for the application item that triggered the EAS as set forth in Subsection 1109.12(a).
(d) Review for Completeness. Upon receipt of the EAS, the Building and Zoning Inspector shall review it for completeness.
(e) Distribution of EAS. Upon determination that an EAS is complete, the Building and Zoning Inspector shall distribute copies to Council, the Mayor, Service Director, Law Department, Community Development, Chiefs of Police and Fire, City Engineer and Lake County Utilities.
(f) Comments and Reports By Officials. After receipt of the EAS from the Building and Zoning Inspector, each recipient shall review the same and within seven calendar days shall submit to the Planning Commission and the Environmental Planning Committee of Council, in writing, through the Building and Zoning Inspector, comments, reports, recommendations and opinions from the standpoint of that official's area of responsibility within the City and based on environmental consideration. The report shall indicate incorrect statements that the reporting official believes are contained in the applicant's statement or a statement that the department has no objection.
(g) Planning Commission Review. The Planning Commission shall review and consider the Environmental Assessment Statement during the Commission's review of the preliminary subdivision plat, development plan or zoning map amendment.
(h) Environmental Planning Committee of Council Review. The Environmental Planning Committee of Council shall review the Environmental Assessment Statement and make a preliminary determination of approval or disapproval of the EAS for City Council's consideration. Such determination shall be submitted to Council within thirty (30) days from the receipt of the Planning Commission's action.
(i) Action By Council. The Council shall, by resolution, within thirty (30) days from the receipt of the Planning Commission's action on the preliminary subdivision plat, development plan or zoning map amendment, approve or reject the Environmental Assessment Statement.
(1) If approved, the appropriate permit issuing authority of the City may proceed to issue any permit related to the subject matter of the statement, provided that compliance with all applicable City ordinances allows the issuance of a permit.
(2) In the event of a rejection of the Environmental Assessment Statement, no administrative official shall issue any permit related to the subject matter proposed in the Environmental Assessment Statement irrespective of whether such issuance would be allowed by compliance with other ordinances of the City.
(3) In the event such Environmental Assessment Statement is not approved or rejected within thirty (30) days, the inaction shall, at the option of the applicant, be deemed to have been disapproved by Council. In the event any applicant elects to consider such Environmental Assessment Statement disapproved by Council, such election or option shall not impair the right of Council to further consider the Environmental Assessment Statement and to enact the legislation approving such Statement after expiration of the thirty (30) day period. If rejected, the applicant may refile an amended EAS with the Building and Zoning Inspector. If timely filed, the Building and Zoning Inspector shall follow the requirements of subsections (e), (f), and (g).
(4) In the event that the applicant shall request the time for approval or rejection of the Environmental Assessment Statement be extended beyond the thirty (30) day limit, Council may grant such extension for a time certain.
(j) Duplication of Statements Not Required. At the time of application of a zoning map amendment, and in the event the applicant submits all data required and necessary in order to make a determination with regard to the construction of any structure proposed on the land after a zoning map amendment is granted, then, at such time as the structure or development is proposed to be commenced, no new statement shall be required. In the event any such structure is proposed to be constructed differently from the data submitted with the application for zoning map amendment then a new statement, along with the required fee shall be submitted in accordance with this Section.
(k) Schedule of Construction. All Environmental Assessment Statements shall include a proposed time line of construction for each phase of building or construction. Wherein the applicant proposes the project to be built in a single phase or wherein the phases proposed are, in the opinion of Council, of such duration as to preclude effective planning by the City, after investigation, Council may establish, for purposes of the Environmental Assessment Statement, phasing consistent with its investigation and, thereafter, the project shall be considered phased for purposes of this Section. Council shall, thereafter, consider each phase of construction and provide its approval or rejection for each phase in the manner set forth in Section 1109.12(i). Permits contemplated under Section 1109.12(a) shall, thereafter, be issued for the phase(s) approved by Council. Upon approving any construction phase contemplated in this section, Council may include in such approving resolution the additional Environmental Assessment Statements prepared for any or all subsequent phases of the project.
(Ord. 2020-21. Passed 2-18-20.)