§ 72-778. Stormwater management permit review.

An application for a stormwater management development permit shall be filed, processed and approved in the following manner:

(1)

Preliminary application. In cases where it is not clear that a proposed development is exempt from this article, a preliminary application may be submitted.

a.

The preliminary application shall be filed with the land development division (LDD).

b.

The preliminary application shall contain two copies of the following information:

1.

A statement signed by the owner/developer which certifies that the development will:

i.

Not obstruct any existing flow of stormwater runoff; and

ii.

Not drain stormwater onto adjacent lands not now receiving runoff from the proposed development area.

2.

An application form containing the following information and exhibits:

i.

Name, address and telephone number of the applicant;

ii.

Location map, address and legal description of the proposed development;

iii.

Statement expressing the scope of the proposed development;

iv.

Schedule of proposed development; and

v.

Sketch showing existing and proposed structures, paving and drainage patterns.

3.

It is the responsibility of the applicant to include in the preliminary application sufficient information for the county to evaluate the application and the acceptability of those measures proposed.

c.

Within three working days after filing, the LDD shall determine whether or not the preliminary application is complete. If it is determined that it is complete, the LDD shall transmit it to the CDE. If it is determined to be incomplete, it shall be returned to the applicant.

d.

After receiving the preliminary application, the CDE, shall, within ten working days, determine and then notify the LDD that either the proposed development is exempt or that a permit shall be applied for.

e.

Considerations for exemption from a permit. The CDE, in making a determination of exemption of the application from the permitting procedures, shall consider:

1.

Whether or not the proposed project is exempt pursuant to subsection 72-777(b);

2.

Whether or not the proposed project will increase the rate or volume of runoff from the existing site;

3.

Whether or not the proposed project will adversely affect water quality;

4.

Whether or not there are other criteria which would require an application; and

5.

Whether or not a St. Johns River Water Management District permit is required.

f.

Upon receiving notification of the CDE's determination under subsection e., above, the LDD will immediately notify the applicant.

g.

Upon notification, the applicant may appeal the determination of the CDE that a permit shall be applied for by filing a request with the LDD, within ten working days, that the DRC make a final determination of exemption. A final determination shall be made by the DRC within ten working days of the request.

h.

If it is determined that the proposed development is exempt, the applicant is authorized to commence and complete construction of only the development described in the preliminary application. No construction shall commence until a St. Johns River Water Management District permit is approved, if required.

(2)

Concurrent review. Where a standard application for stormwater review is required for a project undergoing subdivision or site plan review pursuant to divisions 2 or 3, all review shall be done concurrently. All performance standards and requirements of this division shall be met in addition to those required in other divisions of this article during the concurrent review. Plans and exhibits required by this article may be combined with other plans and exhibits required for concurrent review. However, it is the responsibility of the applicant to include in the concurrent application submittals sufficient information for the county to evaluate the application and acceptability of those measures proposed pursuant to the requirements of this article.

(3)

Stormwater management requirements.

a.

For the purposes of this division, developments requiring a standard permit application shall be either a "lesser development" or a "standard development", defined as follows:

1.

A lesser development is: (1) A proposed development that has a lot size less than one acre in area and consists of more than 1,000, but less than 5,000 square feet of impervious area, or the impervious area proposed is less than 25 percent of the total lot area; or (2) is a proposed lot division with a minimum lot size of one acre or larger with no new roadways or streets.

2.

A standard development is a proposed development of any lot area that consists of 5,000 or more square feet of impervious area; or the impervious area is 25 percent or more of the total lot area; or the lot area of the proposed development is one acre or larger regardless of the impervious area.

b.

An application for a stormwater management development permit and sufficient copies of the required plans and information shall be filed with the LDD and the proper fee paid. Sufficient copies shall be determined as follows:

1.

For a lesser development, three copies are required.

2.

For a standard development, nine copies are required.

3.

The LDM may require additional sets of plans and information as deemed necessary for additional agency review.

c.

The following plans and information, prepared by a Florida registered engineer, shall be submitted with the application:

1.

A detailed site plan, including a general location map and the location of all existing and proposed pavement and structures;

2.

Topographic maps of the site and all adjacent contributing areas before and after the proposed alterations;

3.

Information regarding the types of soils and groundwater conditions existing on the site, including a geotechnical investigation report signed by an engineer or geologist registered in the State of Florida and experienced in soils, hydrogeology and groundwater hydrology and an evaluation of seasonal high-water table elevations which contains:

i.

A representative number of soil boring profiles;

ii.

Depth measurements to the water table for each soil profile;

iii.

Depth estimations to seasonal high water table elevations, for each soil profile;

iv.

Surveys of soil borings, using both horizontal and vertical controls;

v.

A comparison of estimated seasonal high groundwater elevations to other data such as rainfall, estimated depth to seasonal high-water table by national resource conservation service (f/k/a soil conservation service);

vi.

If submitted estimates of seasonal high groundwater elevations differ by more than six inches from the values published in the official soil survey of Volusia County, Florida, additional evaluations explaining the discrepancy are required. The following additional information may also be required at the discretion of the county development engineer:

A.

A water table elevation contour map for elevations measured at the site;

B.

Predevelopment seasonal high-water table elevation contour map of the site; and

C.

Postdevelopment seasonal high-water table elevation contour map of the site.

4.

General vegetation maps of the site before development and a plan showing proposed ground cover after development;

5.

Construction plans, specifications and computations necessary to indicate compliance with the requirements of this division;

6.

Additional information necessary for determining compliance with this division as the CDE may require; and

7.

Additionally, for a standard development, a hydrograph for the proposed development may be required, particularly in those areas where the cumulative impact of the outflows on downstream flows are of concern.

d.

Within three working days of filing of the application the LDD will determine whether or not the application is complete. If the application is determined to be incomplete it will be returned to the applicant.

e.

If the application is determined to be complete, the LDD will immediately distribute the application to the DRC.

1.

For a lesser development, the application shall immediately be transmitted to the CDE;

2.

For a standard development, the application shall immediately be distributed to the DRC.

f.

Within 20 days of receipt of an application for a lesser development from the LDD to the CDE or within 20 days of any amendment thereto, the county engineer shall approve, approve with conditions, or deny the application. After the county engineer has rendered his/her decision, the CDE will immediately notify the LDD of the decision rendered.

g.

Within ten working days of receipt of an application for a standard development, each member of the DRC shall have reviewed and transmitted their comments or suggestions concerning the application to the CDE.

h.

Within 30 days of receipt of an application for a standard development, the CDE shall approve, approve with conditions, or deny the application. The CDE shall state the reasons for denial in writing. After the CDE has rendered a decision, the CDE will immediately notify the LDD of the decision rendered. The CDE may issue an intent to approve or approve with conditions an application in the absence of any required St. Johns River Water Management District permit, but no development order shall be issued unless a St. Johns River Water Management District permit has been approved.

(Ord. No. 94-2, § 62, 4-7-94; Ord. No. 96-32, §§ LXI—LXIII, 12-19-96; Ord. No. 2006-02, § II, 2-2-06; Ord. No. 2008-25, § III, 12-4-08)