§ 26-103. Review procedures.

(a)

Permit required; must apply for permit. A stormwater management permit (hereafter "permit") shall be required for all development or redevelopment unless exempt pursuant to this article. A permit may be issued after submitting a stormwater permit application, a stormwater management plan, and the fee for stormwater management permit application review.

(b)

Effect of permit. A stormwater permit shall govern the design, installation, and construction of stormwater management and control practices on the site, including structural BMPs and elements of site design for stormwater management other than structural BMPs. The permit review process is intended to provide a mechanism for the review, approval, and inspection of the planned approach to be used for the management and control of stormwater for the development or redevelopment site consistent with the requirements of this article, whether the approach consists of structural BMPs or other techniques such as low-impact or low-density design. The permit does not continue in existence indefinitely after the completion of the project; rather, compliance after project construction is assured by the maintenance provisions established in this article.

(c)

Authority to file applications. All permit applications required pursuant to this Code shall be submitted to the stormwater administrator by the land owner or the land owner's authorized agent.

(d)

Establishment of permit application requirements, schedule and fees.

(1)

Permit application contents and form. The stormwater administrator shall establish requirements for the content and form of all applications and shall amend and update those requirements from time to time. The stormwater permit application shall require in a detailed plan a description of:

a.

The post-development stormwater runoff control and management;

b.

The design of all stormwater facilities and practices;

c.

Site identification information;

d.

Ownership information; and

e.

How the proposed project shall meet the requirements of this article.

(2)

Submission schedule. The stormwater administrator shall establish a submission schedule for permit applications. The schedule shall establish deadlines by which complete applications must be submitted for the purpose of ensuring that there is adequate time to review plans and applications, and that the various stages in the review process are accommodated.

(3)

Permit application review fees. The town council shall establish permit review fees as well as policies regarding refund of any fees upon withdrawal of an application, and may amend and update the fees and policies from time to time.

(4)

Administrative manual. For applications required under this Code, the stormwater administrator shall compile the application requirements, submission schedule, fee schedule, a copy of the ordinance from which this article derived, and information on how and where to obtain the design manual in an administrative manual, which shall be made available to the public.

(e)

Submittal of complete application.

(1)

Applications for a stormwater management permit shall be submitted to the stormwater administrator pursuant to the application submittal schedule established by the stormwater administrator, along with the stormwater management plan and appropriate fee established pursuant to this section.

(2)

An application shall be considered as timely submitted only when it contains all elements of a complete application pursuant to this article, along with the appropriate fee. If the stormwater administrator finds that an application or stormwater management plan is incomplete, the applicant shall be notified of the deficient elements and shall be provided with an opportunity to submit a complete application. However, the submittal of an incomplete application shall not suffice to meet a deadline contained in the submission schedule established above.

(f)

Review. Within 45 working days after a complete application submittal, the stormwater administrator shall review the application and determine whether the stormwater management plan permit application complies with the standards of this article.

(1)

Approval. If the stormwater administrator finds that the application complies with the standards of this article, the stormwater administrator shall approve the application and issue a stormwater management permit.

(2)

Approval with conditions. The stormwater administrator may impose conditions of approval as needed to ensure compliance with this article. The conditions shall be included as part of the approval and included in the issued stormwater permit.

(3)

Disapproval. If the stormwater administrator finds that the stormwater management plan fails to comply with the standards of this article, the stormwater administrator shall notify the applicant and shall indicate how the application or plan fails to comply. The applicant shall have an opportunity to submit a revised application and plan.

(g)

Revision and subsequent review. Within 45 working days after a complete revised application submittal, the stormwater administrator shall review the revised application and determine whether the stormwater management plan and application complies with the standards of this article, and shall approve, approve with conditions, or disapprove the application.

(1)

Fee for resubmittal. One resubmittal of a revised application may be submitted without payment of an additional permit application review fee. Any resubmittal after the first resubmittal shall be accompanied by a permit application review additional fee, as established pursuant to this article.

(2)

Time limit for resubmittal. If a revised application is not resubmitted within 90 calendar days from the date the applicant was notified, the application shall be considered withdrawn, and a new submittal for the same or substantially the same project shall be required along with the appropriate fee for a new submittal.

(Code 2003, § 32-22; Ord. No. 09-05, 3-19-2009)