§ 27-136. Permit application review and approval procedures.

(a)

The city engineer shall review an application for a stormwater management permit as provided by this article and shall approve, approve with conditions, deny, or request a modification to the application within ninety (90) days after receipt of the completed application. The ninety-day review period as provided by this section may be extended for any additional period of time as agreed upon in writing by the city and the applicant.

(b)

The city engineer shall not approve a stormwater management permit application or issue the stormwater management permit unless the city engineer determines that all of the following requirements are met:

(1)

The applicant has submitted a final stormwater management plan complying with section 27-137 of this article.

(2)

The final stormwater management plan contains a description and design of a stormwater management system adequate to control post-construction stormwater runoff from the development consistent with the requirements of this article.

(3)

The combination of stormwater management facilities, practices, methods, and procedures proposed by the applicant to control post-construction stormwater runoff from the development site will meet the minimum water quality treatment volume standard, the channel protection criteria, and any other stormwater management design standards and criteria applicable to the development as determined by the city engineer consistent with the requirements of division 7 of this article.

(4)

The final stormwater management plan provides protection for water quality and quantity management adequate to ensure protection of property owners and watercourses both within the proposed development and downstream.

(5)

The final stormwater management plan complies with all other applicable local, state, and federal laws and regulations.

(6)

The applicant has paid or deposited the stormwater management permit review fee pursuant to section 27-132 of this article.

(7)

The applicant has paid or deposited the escrow fee pursuant to section 27-133 of this article, if required.

(8)

The applicant has paid or posted the performance guarantee pursuant to subsection 27-137(d)(8) of this article, if required.

(9)

The applicant has provided all stormwater management easements as determined necessary by the city engineer to implement the approved final stormwater management plan and to otherwise comply with this article, and the easements have been recorded with the county register of deeds.

(10)

The applicant has provided an operation and maintenance plan and agreement to implement the approved final stormwater management plan and as otherwise required by this article, and the operation and maintenance plan and agreement has been recorded with the county register of deeds.

(11)

The applicant has certified in writing that all land disturbance activities, construction, and drainage will be conducted in full compliance with the approved stormwater management plan.

(12)

The applicant has obtained and has provided evidence of a commercial general liability insurance policy that will be in full effect prior to the commencement of any land disturbance activities covered by the proposed permit and that is otherwise acceptable to the city attorney. The policy shall name the city, its agents, representatives, officers and employees as additional insureds to protect their interests. Both bodily injury and property damage insurance must be on an occurrence basis; and the policy shall provide that the coverage afforded thereby shall be primary coverage to the full limits of liability stated in the declarations, and if said city, agents, representatives, officers or employees have other insurance against the loss covered by said policies, that such other insurance shall be excess insurance only. The policy certificate shall reference the projects or contracts to which it applies. Upon request by the city engineer, the applicant shall submit all insurance policies to the city attorney for review. The amounts and types of such insurance shall be not less than the following:

Comprehensive commercial general liability of at least:

a.

Bodily injury, each occurrence: $2,000,000.00

b.

Bodily injury, aggregate: $2,000,000.00

c.

Property damage, each occurrence: $2,000,000.00

d.

Property damage, aggregate: $2,000,000.00

e.

Or in the alternative to subsections (b)(12)a—d.: Bodily injury and property damage combined single limit, each occurrence: $2,000,000.00; and aggregate: $2,000,000.00.

The property damage liability coverage shall include standard explosion, collapse and underground coverage (XCU) for property damage and bodily injury liability coverage with limits of $2,000,000.00 each occurrence and $2,000,000.00 aggregate; additionally, the policy shall provide third party pollution liability insurance coverage with minimum limits of $2,000,000.00 per occurrence and $2,000,000.00 aggregate.

(13)

The application includes all required submittals and is otherwise complete.

(c)

If the city engineer determines that all of the requirements of subsection (b) of this section have been met, the city engineer shall approve the permit. The approval shall provide in writing that all of the determinations required by subsection (b) of this section have been made.

(d)

The city engineer's approval of a stormwater management permit shall be subject to any conditions determined necessary by the city engineer to implement the purposes and requirements of this article. If the approval is subject to any conditions, the conditions shall be specified in writing. The applicant shall fully comply with all such conditions.

(e)

The failure or refusal to fully comply with any requirement of a stormwater management permit or a stormwater management plan constitutes a separate and independent violation of this article.

(f)

Notwithstanding the issuance of a stormwater management permit, in conducting the development project, the permittee (including the permittee's representatives any other responsible persons) shall be subject to all of the following requirements:

(1)

The permittee shall comply with all requirements of the permit, the stormwater management plan, and this article.

(2)

The development project shall be conducted only within the area or areas specified in the approved stormwater management plan.

(3)

The city engineer shall be allowed to conduct unscheduled, periodic inspections of the development project as provided by this article.

(4)

No changes may be made to any aspect of the approved stormwater management plan without review and written approval by the city engineer and subject to the requirements of this article.

(5)

Upon completion of the project, the permittee shall submit the engineer's certification and as-built plans required by section 27-151 of this article.

(g)

If the city engineer determines that any of the requirements of subsection (b) have not been met, the city engineer shall deny the permit and shall specify in writing why the permit was denied. The applicant may revise the application to address any matters specified by the city engineer in the denial, and may resubmit the application for review by the city engineer. Alternatively, instead of denying the permit, the city engineer may request that the application be modified and resubmitted. All resubmittals shall be subject to all of the requirements of this article that applied to the original submittals.

(h)

If the land disturbance activity for which a stormwater management permit has been issued has not been commenced within one (1) year from the date of issuance of the permit, the permit shall lapse, provided that the city engineer may extend the time for commencement of the land disturbance activity if the permittee requests an extension prior to the expiration of the initial period and the city engineer determines that no material change of circumstances has occurred. If an extension is granted, the city engineer may require the permittee to submit additional or updated information as determined necessary by the city engineer, and the city engineer may require revisions to the stormwater management plan as determined necessary by the city engineer based on the additional or updated information.

(i)

After a stormwater management permit has been approved, no change shall be made to the development unless and until the change is approved by the city engineer. If any change in the development is proposed, the permittee must notify the city engineer in writing of the proposed change before any such change is made. If the city engineer determines that the proposed change would affect the information and criteria considered in approving the permit, the city engineer may revoke or suspend the permit, require that a new permit application be filed, require submittal of a revised stormwater management plan, or take such other action that the city engineer determines appropriate under the circumstances.

(j)

A stormwater management permit approved under this article may also be revoked or suspended by the city engineer for any of the following reasons:

(1)

A violation of any requirement or condition of the permit or the stormwater management plan.

(2)

Misrepresentation or failure to fully disclose any relevant fact in the permit application or in subsequent notices, reports, or communications to the city engineer.

(k)

The issuance of a stormwater management permit under this article shall not relieve any person of the obligation to comply with any other applicable regulations, standards or requirements under local, state, or federal laws, including any regulations, standards, requirements, or laws that may become effective during the term of the permit.

(Ord. No. 2011.01, § 1, 1-11-11)