§ 124-2-9. Stormwater Management Plan Review.  


Latest version.
  • A.

    A stormwater management plan shall be approved or disapproved by the Director in accordance with the following:

    1.

    The completeness of a plan shall be determined in accordance with § 124-2-7.B. The applicant shall be notified of any determination within 15 calendar days of receipt of the plan. Where available to the applicant, electronic communication may be considered communication in writing.

    a.

    If within those 15 calendar days the plan is deemed to be incomplete, the applicant shall be notified in writing of the reasons the plan is deemed incomplete.

    b.

    If a determination of completeness is made and communicated to the applicant within the 15 calendar days, an additional 60 calendar days from the date of the communication will be allowed for the review of the plan.

    c.

    If a determination of completeness is not made and communicated to the applicant within the 15 calendar days, the plan shall be deemed complete as of the date of submission and a total of 60 calendar days from the date of submission will be allowed for the review of the plan.

    d.

    Any plan that has been previously disapproved shall be reviewed within 45 calendar days of the date of resubmission.

    2.

    During the review period, the plan shall be approved or disapproved and the decision communicated in writing to the person responsible for the land-disturbing activity or his designated agent. If the plan is not approved, the reasons for not approving the plan shall be provided in writing. Approval or denial shall be based on the plan's compliance with the requirements of this Chapter and all applicable codes, regulations, and policies, as determined by the Director. Where available to the applicant, electronic communication may be considered communication in writing.

    3.

    If a plan meeting all requirements of this Chapter and all applicable codes, regulations, and policies, as determined by the Director, is submitted and no action is taken within the time specified above, the plan shall be deemed approved.

    B.

    Each approved plan may be modified as follows:

    1.

    Modifications to an approved stormwater management plan shall be allowed only after review and written approval by the Director. Requests for modifications containing all required information shall be approved or disapproved in writing within 60 calendar days of receipt of such requests.

    2.

    Based on an inspection, the Director may require amendments to the approved stormwater management plan to address any deficiencies within a time frame set by the Director.

    C.

    The Director will not provide authorization to begin land disturbance until provided evidence of state permit coverage, where it is required, in accordance with § 124-2-2. (08-14-124.)