[Ord. No. 1321 §1, 2-17-2010]
The Congress of the United States has amended the Clean Water
Act of 1972 to reduce pollutants discharged into the waters of the
United States by extending National Pollutant Discharge Elimination
System (NPDES) requirements regulating stormwater runoff discharge
from construction and development activities to the City. The City
is subject to the NPDES requirements as an operator of a Municipal
Separate Storm Sewer System (MS4), and the City is therefore obligated
by Federal law to develop, implement and enforce minimum "post-construction"
stormwater quality treatment standards in compliance with the City's
Kansas Water Pollution Control General MS4 Permit.
[Ord. No. 1321 §1, 2-17-2010]
A.
The
purpose of this regulation is to establish post-construction minimum
stormwater quality management requirements and controls on any new
development or redevelopment projects that disturb greater than or
equal to one (1) acre of land. This regulation also establishes a
requirement for the long-term maintenance of stormwater quality facilities
following construction to protect the City's drainage system, streamways
and water bodies. This regulation has the following objectives:
1.
Minimize increases in stormwater runoff rate and volume from development
in order to reduce pollution, sediment, erosion and maintain the integrity
of the City's drainage system, streamways and water bodies;
2.
Minimize increases in non-point source pollution caused by stormwater
runoff from developments which would otherwise degrade local water
quality, particularly if receiving water bodies are classified as
impaired on the current version of the 303d listing of impaired waters
in Kansas as identified by the Kansas Department of Health and Environment
(KDHE); and to
3.
Reduce post-development stormwater runoff rates, erosion, sediment
and non-point source pollution to pre-development conditions, wherever
possible, through the use of stormwater best management practices,
including stormwater facilities, and to ensure these best management
practices are properly maintained and pose no injury or threat to
public safety.
[Ord. No. 1321 §1, 2-17-2010]
As used in this regulation, the following terms or phrases shall
have the meanings set forth below:
Any person who makes application for a permit as required
by this regulation. An applicant must be either the landowner or the
landowner's agent.
A set of representational drawings and other documents prepared
by a licensed professional engineer that comply with the provisions
of this regulation and contain the information and specifications
required by the City to minimize stormwater runoff.
A drawing or plan prepared and certified by a licensed professional
engineer or land surveyor that represents the actual dimensions, contours,
and elevations of a completed stormwater facility.
Stormwater management techniques or methods used to prevent
and control the discharge of pollutants, including sediment, and to
minimize stormwater runoff, both directly and indirectly, to stormwater-receiving
waters, stormwater drainage systems, waters of the United States,
or any water body in the incorporated City limits of Mission, Kansas.
BMP may include structural or non-structural solutions, including
stormwater facilities, a schedule of activities, prohibition of practices
and maintenance procedures.
The "Manual of Best Management Practices for Stormwater Quality"
and all appendices dated August 2009 published by the Mid-America
Regional Council and the Kansas City Chapter of the American Public
Works Association.
Any activity, change in land use or improvement on any parcel
of land, including any subdivision, which alters the surface of the
land that increases the imperviousness of or creates additional impervious
cover. The term does not include:
The Director of the City's Public Works Department or the
Director's designee.
The process by which the ground surface is worn away by the
action of the wind, water, ice, gravity or artificial means.
Those surfaces that cannot effectively infiltrate rainfall,
including building rooftops, pavement, sidewalks and driveways.
The process of percolating stormwater into the subsoil.
Any activity that changes the physical conditions of land
form, vegetation and hydrology, creates bare soil, or otherwise may
cause erosion or sedimentation. Such activities include, but are not
limited to, clearing, removal of vegetation, stripping, grading, grubbing,
excavating, filling, logging and storing of materials.
The legal or beneficial owner of a site, including those
holding the right to purchase or lease the site, or any other person
holding proprietary rights to the site.
An individual who is duly licensed by the Kansas State Board
of Technical Professions, pursuant to K.S.A 74-7001 et seq. to practice
surveying.
A recorded document that acts as a property deed restriction
and which provides, inter alia, for long-term maintenance of a stormwater
facility. A stormwater easement, if appropriate terms and conditions
are incorporated into the document, may be deemed by the City a "maintenance
agreement" for purposes of this regulation.
The publicly maintained stormwater drainage system within
the incorporated area of Mission, Kansas, including all appurtenances
and ancillary structures thereto, any conveyance or system of conveyances
for stormwater, including road drainage systems, streets, catch basins,
detention basins, curbs, gutters, ditches, man-made channels or storm
drains, as well as any system that meets the definition of a "Municipal
Separate Storm Sewer System" or "MS4" as defined by the Environmental
Protection Agency in 40 C.F.R. 122.26, or amendments thereto.
Pollution from any source other than from a discernible,
confined and discrete conveyance and shall include, but not be limited
to, pollutants from agricultural, forestry, mining, development, subsurface
disposal and urban stormwater runoff sources.
A National Pollutant Discharge Elimination System permit
issued under authority delegated pursuant to 33 USC 1342(b) that authorizes
the discharge of pollutants to waters of the United States, whether
the permit is applicable on an individual, group or general area-wide
basis.
Synonymous with pollution for the purposes of this regulation
and meaning hazardous waste, industrial waste, paints, varnishes and
solvents; petroleum hydrocarbons; automotive fluids; cooking grease;
detergents (biodegradable or otherwise); degreasers; cleaning chemicals;
non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish,
garbage, litter, or other discarded or abandoned objects and accumulations,
so that same may cause or contribute to pollution; floatables; pesticides,
herbicides and fertilizers; liquid and solid wastes; sewage, fecal
coliform and pathogens; dissolved and particulate metals; animal wastes;
soil, sediment, dirt or wastes and residues that result from development;
asphalt based materials; concrete and cement; and noxious or offensive
matter of any kind. "Pollution" or "pollutant" means the contamination or other alteration of any water's physical,
chemical or biological properties by the addition of any constituent
and includes, but is not limited to, a change in temperature, taste,
color, turbidity, pH, or odor of such waters, or the discharge of
any liquid, gaseous, solid, radioactive or other substance into any
such waters as will or is likely to create a nuisance or render such
waters harmful, detrimental or injurious to the public health, safety,
welfare or environment or to domestic, commercial, industrial, agricultural,
recreational or other legitimate beneficial uses or to livestock,
wild animals, birds, fish or other aquatic life. The term "pollution" and "pollutant" shall include
those items defined as "pollutants" in Section 502(6)
of the Federal Clean Water Act, or any amendments thereto, (33 U.S.C.
Section 1362(6)), pesticides as defined by K.S.A. 2-2438a and any
amendments thereto and insecticides, fungicides, herbicides, rodenticides,
nematocides, defoliants, plant regulators or desiccants as defined
by K.S.A. 2-2202 and any amendments thereto. The term "pollution" and "pollutant" shall not include uncontaminated
stormwater, potable water or reclaimed water generated by a lawfully
permitted water treatment facility. The term "pollution" or "pollutant" also shall not include any substance
identified in this definition, if through compliance with the Best
Management Practices available; the discharge of such substance has
been reduced or eliminated to the maximum extent practicable. In an
enforcement action, the burden shall be on the person who is the subject
of such action to establish the reduction or elimination of the discharge
to the maximum extent practicable through compliance with the Best
Management Practices.
An engineer duly licensed by the Kansas State Board of Technical
Professions pursuant to K.S.A. 74-7001 et seq. to practice engineering.
This Post Construction Stormwater Quality Treatment Regulation
for the City of Mission, Kansas.
Any solid material, organic or inorganic, that has been deposited
in water, is in suspension in water, is being transported or has been
removed from its site of origin by wind, water, ice or gravity as
result of soil erosion. "Sedimentation" is the process
by which eroded material is transported and deposited by the action
of wind, water, ice or gravity.
Any lot or parcel of land, or multiple lots or parcels of
land, upon on which development is planned to be undertaken and for
which a Stormwater Quality Management Plan and a stormwater facility
permit are required. "Site", if the context requires,
shall also mean the parcel of land upon which a stormwater facility
is located.
Surface water and storm sewers and all appurtenances necessary
in the maintenance, operation, regulation and improvement of the same
including, but not limited to, pipes, culverts, bridges, open improved
channels, street gutters, inlets, pumping stations, enclosed storm
sewers, outfall sewers, surface drains, street, curb and alley improvements
associated with storm or surface water improvements, natural and manmade
wetlands, channels, ditches, rivers, streams, floodplains, water bodies,
detention and retention facilities, and other flood control facilities
and works for the collection, conveyance, pumping, infiltration, treating,
controlling, managing and disposing of stormwater.
A legal right granted by a landowner to a grantee to allow
the use of private land for stormwater management purposes.
Any surface flow, runoff and drainage consisting of water
from any form of natural precipitation and resulting from such precipitation.
Both structural and non-structural methods including Best
Management Practices used to control stormwater runoff and pollution.
A non-structural stormwater facility includes, but is not limited
to, stream buffers, native soil and vegetation preservation, and native
soil restoration. A structural stormwater facility includes, but is
not limited to, wetlands, wet or dry detention basins, bio-retention
cells, porous pavement and infiltration basins. Both non-structural
and structural stormwater facilities require routine maintenance as
provided in the design manual or these regulations.
The permit required by the City for development on any site
subject to this regulation.
The proposal prepared by a licensed professional engineer
and submitted by the applicant for the installation of stormwater
facilities, control of stormwater runoff, pollutants and sediment
for a site, which proposal shall establish controls sufficient to
comply with the design manual and shall include drawings, specifications,
development documents, schedules, inspection reports, copies of permits
and other related documents to demonstrate compliance with this regulation
and the proposed implementation of best management practices for the
site.
[Ord. No. 1321 §1, 2-17-2010]
This regulation establishes the minimum requirements for the
promotion of the public health, safety and general welfare. Whenever
any requirement of this regulation conflicts with the requirements
of any other lawfully adopted Statute, ordinance, resolution, regulation
or rule, the most restrictive, i.e., that which imposing the higher
standard, shall govern. The Director shall be responsible for the
administration and enforcement of these regulations and shall have
the authority to adopt guidelines and procedures to implement the
intent and purpose of this regulation.
[Ord. No. 1321 §1, 2-17-2010]
A.
This
regulation shall apply to all development within the incorporated
areas of Mission, Kansas, with the following exceptions:
1.
Sites upon which land disturbances will be less than one (1) acre,
unless such site is part of a larger common plan of development.
2.
This regulation shall not apply to property if a preliminary plat
has been approved by the City Council or Planning Commission prior
to February 17, 2010, and a final plat containing a portion of that
preliminary plat has been recorded in the Johnson County Office of
Records and Tax Administration prior to August 17, 2011. If a stormwater
facility permit is not obtained for all parts of the site within two
(2) years of the final plat approval, all requirements of this regulation
shall apply to all sites within the final plat area.
3.
This regulation shall not apply to a site plan approved by the City
Council or Planning Commission prior to February 17, 2010, and for
which a building permit has been obtained and development begun prior
to August 17, 2011.
[Ord. No. 1321 §1, 2-17-2010]
A.
A request
for a waiver from the Design Manual or any provision of this regulation
shall be made, in writing, on forms provided by the Community Development
Director or the Director's designee. The Planning Commission may grant
a waiver request upon a finding that the waiver will not be contrary
to the health, safety or welfare of the occupants of the development
or nearby properties or the community at-large. In reaching a determination
the Planning Commission shall consider the following non-exclusive
criteria:
1.
Whether the waiver would cause the City to violate the requirements
of its NPDES Phase II permit or any other local, State or Federal
laws;
2.
Whether alternative methods of compliance are proposed;
3.
The extent to which the waiver may adversely affect stormwater quality;
4.
The nature and extent of the proposed development;
5.
Whether any conditions or constraints on the development contribute
to the need for the waiver; and
6.
The recommendation of the Director of Public Works.
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The Planning Commission may weigh the criteria in their considerations
but not every criteria needs to be met to grant a waiver and no one
factor shall be determinative or controlling. Waivers may be granted
subject to reasonable conditions deemed necessary to lessen potential
adverse impacts caused by the waiver.
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[Ord. No. 1321 §1, 2-17-2010]
Stormwater facilities within the City shall be designed and
constructed in accordance with the Design Manual which is incorporated
by reference into this regulation. To the extent necessary or desirable,
the Director may provide guidance and interpretation of the Design
Manual to further the purpose and intent of this regulation.
[Ord. No. 1321 §1, 2-17-2010]
A.
In
accordance with this regulation, every applicant shall submit to the
City a preliminary and a final stormwater quality management plans
(SQMP) for the applicant's site. The preliminary stormwater quality
management plan will be submitted with the preliminary plat and must
include: conceptual stormwater management plans, sufficient information
to evaluate the existing environmental characteristics of the project
site, impacts of the proposed development, preliminary sizing for
stormwater facilities, and locations of any proposed access easements
or conservation easements, and a description of the maintenance responsibility
for proposed stormwater facilities. The proposed schedule for installation
of stormwater facilities will also be submitted with the preliminary
plat.
B.
Final Stormwater Quality Management Plan Requirements. The
final stormwater quality management plan, in addition to the information
from the preliminary stormwater quality management plan, shall include
all of the calculations required in the Design Manual and any other
submittal requirements as determined by the Director. For subdivisions,
the final stormwater quality management plan must be submitted to,
reviewed and approved by the Director, prior to execution of the improvement
agreement for public improvements in the subdivision. For developments
that require a building permit, the final stormwater quality management
plan must be approved by the Director prior to issuance of the building
permit. Prior to commencing construction of a stormwater facility,
a professional engineer retained by or on behalf of the applicant
shall submit a certification stating that the design of the stormwater
facilities for the site is in conformance with the standards, requirements
and specifications of this regulation. If the Director finds that
a proposed stormwater facility will not conform to this resolution,
the Director may issue a written notice of disapproval.
[Ord. No. 1321 §1, 2-17-2010]
A stormwater facility permit shall be required for every site
and shall be issued by the Director. The permit fee shall be set forth
by resolution of the Governing Body. The applicant shall submit a
copy of the applicant's contractor's firm bid identifying the total
contracted cost for installing the required stormwater facility to
the Director who may, but shall not be obligated to, review the contract
to determine whether the bid amount appears sufficient to undertake
and complete the work. Any such determination shall not be a representation
or assurance by the Director that the work can actually be completed
for the contract amount.
[Ord. No. 1321 §1, 2-17-2010]
Upon the City's acceptance and approval of the SQMP, the delivery
to the City of the performance and maintenance surety, the execution
by the landowner of any necessary easement and maintenance agreement
required by this regulation, the Director shall issue a stormwater
facility permit for the site. The permit shall set forth the terms
and conditions of the approved SQMP.
[Ord. No. 1321 §1, 2-17-2010]
A.
The
Director shall require the submittal of a performance surety in the
form of an irrevocable letter of credit, cash deposit or performance
bond. If a letter of credit is provided, it shall be on the form as
prescribed by the Director. The amount of the performance surety shall
be one and one-quarter (1.25) times the applicant's contractor's firm
bid identifying the total contracted cost for installing the required
stormwater facility and approved by the Director.
B.
Performance Surety Waiver For Single Lot Developments. If
stormwater facilities only serve a single building lot and a building
is being constructed, a performance surety may be waived by the Director
provided all stormwater facilities are constructed and certified prior
to issuance of a certificate of occupancy.
C.
When
seasonal or environmental conditions cause a delay in constructing
the stormwater facilities, the Director may approve issuing a certificate
of occupancy provided a performance surety is posted.
D.
Release Of Performance Surety. The performance surety will
be released only when all of the following conditions have been met:
1.
At least ninety percent (90%) of the land area served by the stormwater
facilities has permanent stabilization in place.
2.
All of the stormwater facilities covered by the surety have been
constructed and certified in accordance with this Chapter.
3.
If the stormwater facility is constructed prior to final stabilization
of at least ninety percent (90%) of the land area served by the facility,
and the most recent certification of the facility is more than ninety
(90) calendar days old, an updated certification shall be required
to verify that the facility is fully functional.
[Ord. No. 1321 §1, 2-17-2010]
A.
Prior
to issuance of a permit for construction of a stormwater facility,
a letter of credit, cash deposit or a maintenance bond shall be provided
to the City to ensure all regular maintenance and repairs to the stormwater
facility is undertaken while the maintenance surety is in effect including,
but not limited to, repairs necessary due to damage caused by intentional
or unintentional acts of others. The maintenance surety shall be in
the amount of fifty percent (50%) of the construction cost of the
stormwater facility and can be utilized for any maintenance or rehabilitation
costs associated with the stormwater facility deemed necessary by
the City including, but not limited to, removal of siltation, mowing,
replacement of vegetation, piping repairs, replacement of underdrains,
other repairs to the facility, and any administrative or engineering
costs associated with such maintenance and repairs. Maintenance sureties
shall conform with the following:
1.
If the maintenance surety is in the form of a maintenance bond, it
shall remain in effect for a period of three (3) years following completion
of the stormwater facility.
2.
If the maintenance surety is in the form of a letter of credit, the
property owner, contractor or developer shall deposit with the City
an irrevocable letter of credit from an acceptable financial institution
payable to the City, collectable no later than three (3) years from
the date of completion of the stormwater facility.
3.
If the maintenance surety is in the form of cash, the funds shall
be deposited with the City. All remaining funds and any interest accrued
thereon shall be returned to the applicant no later than three (3)
years after the date of completion of the stormwater facility.
[Ord. No. 1321 §1, 2-17-2010]
A.
The
sequencing and protection of stormwater facilities during construction
is an important design consideration to ensure the facilities will
perform as designed. The final SQMP shall include a schedule of construction
activities that indicates the point at which the stormwater facilities
will be constructed. In addition, the SQMP shall indicate the protection
measures necessary to ensure runoff from construction operations,
which typically includes an increased amount of sediment, will not
adversely impact the design, operation or maintenance of the stormwater
facility. If the construction sequence is not known, the plan shall
indicate the construction activities required to be completed prior
to construction of the stormwater facility, and it shall indicate
the protection and maintenance measures to be provided during construction
activities to ensure proper stormwater facility function following
completion of construction activities. The following provisions are
allowable for timing of such facility construction:
1.
For a stormwater facility serving a single building lot, the facility may be constructed concurrently with the development of the site and building, subject to exceptions set forward in Section 500.650 of this regulation.
2.
Any stormwater facilities which include plantings or infiltration
practices shall not be constructed until ninety percent (90%) of the
tributary watershed has been developed and permanently stabilized
unless the Director approves a different schedule. Additionally, stormwater
facilities must be installed and certified within six (6) months of
permanent stabilization of the entire land area served by the facility. "Land area served by the facility" shall mean only those
areas within the common plan of development and shall not include
off-site areas even if they are tributary to the facility.
3.
For stormwater facilities serving multiple development lots within
a common plan of development, a building permit or certificate of
occupancy may be withheld for any building or site unless a permit
has been issued authorizing construction of required stormwater facility
to serve the building or site.
[Ord. No. 1321 §1, 2-17-2010]
A.
The
applicant shall notify the Director before beginning construction
of any stormwater facility. The applicant shall keep the Director
advised of the progress of the work and any changes in the work schedule
as disclosed in the applicant's SQMP.
B.
The
Director shall issue a notice of acceptance upon the applicant's submission
of an as-built plan showing in detail all construction changes from
the approved plans and specifications, and a written certification
by a qualified professional engineer that the stormwater facility
has been installed in accordance with the SQMP.
[Ord. No. 1321 §1, 2-17-2010]
A.
Every
stormwater facility shall be subject to an appropriate stormwater
easement or other agreement, the form of which shall be approved by
the City Attorney, to ensure that the stormwater facility, whether
located on a separate, legally described lot or tract designated for
such stormwater facility, or upon a lot or tract that is also used
for other purposes, can be accessed, inspected, repaired and maintained
by public officials if necessary. The easement or agreement shall
include provisions for access from public right-of-way to the stormwater
facility by:
1.
Landowners legally responsible for the maintenance of the stormwater
facility, and
2.
The Director for periodic inspection and, if necessary, maintenance
of the stormwater facility. All easements and agreements shall be
appurtenant and permanent and shall contain a provision that the terms
and conditions of such easement or agreement shall not be changed,
or shall the easement or agreement be terminated without the consent
of the City.
B.
The
stormwater easement or agreement shall also provide that if, after
notice by the Director to correct a situation or violation requiring
maintenance work of the stormwater facility, satisfactory corrections
are not commenced by the landowner within a reasonable period not
to exceed thirty (30) calendar days, the City may perform all necessary
work to place the stormwater facility in proper working condition.
The owners of the lands served by the stormwater facility, excluding
any public right-of-way, shall be assessed the cost of the work, including
administrative costs, materials, personnel, and any penalties. If
work is performed by a third (3rd) party, the contracted cost of the
work, including reasonable administrative costs by the City, will
be assessed. Costs shall be apportioned to each owner based on a ratio
of the area of land owned to the total area of land assessed. This
assessment may be accomplished by placing a special assessment on
the owners' property, placed on the owners' tax bill, and collected
in the same manner as ad valorem real estate taxes.
[Ord. No. 1321 §1, 2-17-2010]
The principal under the performance and maintenance surety required
by this resolution shall make all needed repairs arising out of defective
workmanship or materials which, in the judgment of the Director or
the certifying professional engineer, become necessary within three
(3) years following the date of completion and acceptance of a facility
by the Director. If within twenty (20) calendar days after the mailing
of a written notice the principal under the performance and maintenance
surety shall fail to make or undertake with due diligence necessary
repairs, the City shall have the right, but not the obligation, to
make necessary repairs at such principal's expense without first making
any claim against such surety; provided however, that in case of an
emergency where, in the judgment of the Director, delay in making
repairs would cause a serious or significant loss, create a hazard,
or cause damage to others' property, such repairs may be made without
prior notice being sent to such principal, and such principal nonetheless
shall be responsible for the costs incurred by the City in making
such repairs.
[Ord. No. 1321 §1, 2-17-2010]
A.
Every
landowner, which may be an owners' association if such association
is adequately funded and able to levy assessments for stormwater facility
maintenance, shall maintain in good condition and promptly repair
and restore every stormwater facility located on such landowner's
property. Such maintenance, repair and restoration shall be undertaken
in conformance with the Design Manual and the specific BMP.
B.
The
SQMP shall include a maintenance schedule for each stormwater facility
included in such plan and shall include the proposed maintenance to
be completed, the scheduling for such maintenance, and the person
that shall perform such maintenance. This maintenance schedule shall
be incorporated into a maintenance agreement or easement.
C.
Following
its completion, an annual inspection shall be undertaken by the landowner
to determine whether every stormwater facility on the property is
functioning properly. Such inspection shall be conducted prior to
October first (1st) by a qualified professional engineer and the inspection
report provided to the Director along with a proposed schedule of
completion for any necessary repair, restoration or maintenance.
D.
If
the landowner shall fail to properly inspect, maintain, repair or
restore any stormwater facility as required by this regulation, the
Director may undertake such inspection, maintenance, repair, and restoration
at the landowner's expense and all costs incurred by the City shall
be collectable from the landowner and shall constitute a lien against
the landowner's real estate located in Mission, Kansas, and may also
be collected by as a money debt in a civil suit in Johnson County
District Court.
[Ord. No. 1321 §1, 2-17-2010]
It shall be unlawful for any person to modify, obstruct, damage
or materially interfere with the use or operation of a stormwater
facility.
[Ord. No. 1321 §1, 2-17-2010]
A.
The
Director and the Director's designees shall be the City's Code Enforcement
Officers charged with the administration, investigation and enforcement
of this regulation. If it is determined that a violation of this regulation
exists, then the Code Enforcement Officer may, in addition to issuing
a citation for violation of these regulations, declare such condition
a nuisance and is authorized to pursue abatement as well as any other
available enforcement procedures and remedies.
B.
From and after the effective date of this regulation, any person who shall violate any provisions of this regulation, or who fails to comply therewith, or who shall violate or fail to comply with any code or provision contained or incorporated herein, shall be punished as provided in Section 100.100 of the Mission City Code.
[Ord. No. 1321 §1, 2-17-2010]
This regulation shall become effective upon its adoption by
the City Council and publication in the official City newspaper.
