[Added by Ord. No. 1115, § 1, 9-5-2006]
The purpose of this Chapter is to protect, maintain, and enhance
the public health, safety, and general welfare by establishing minimum
requirements and procedures to control the adverse impacts associated
with increased and altered stormwater runoff. Proper management of
stormwater runoff will minimize damage to public and private property,
reduce the harmful effects of development on land, control stream
channel erosion, reduce local flooding, and maintain after development,
as nearly as possible, the predevelopment runoff characteristics.
The application of this Chapter and provisions expressed herein
shall be the minimum stormwater management requirements and shall
not be deemed a limitation on such management practices. The City
of Ralston shall be responsible for the coordination and enforcement
of the provisions of this Chapter. The provisions of this Chapter
shall be applicable to all that property within the City's zoning
jurisdiction.
[Added by Ord. No. 1115, § 1, 9-5-2006]
For the purpose of this Chapter, the Omaha Regional Stormwater
Design Manual, in its most current form, is incorporated by reference.
[Added by Ord. No. 1115, § 1, 9-5-2006; amended by Ord. No.
1149, 6-1-2010]
The following words, phrases and terms as used in this Chapter
shall have the meanings ascribed to them in this Chapter.
1.
BEST MANAGEMENT PRACTICES (BMP) – Shall mean pollution control
practices designed and carried out to reduce the pollutants contained
in discharges, including Low Impact Development Techniques.
2.
BUILDING DRAIN – Shall mean that part of the lowest horizontal
piping of a wastewater drainage system that receives the discharge
from soil and waste pipes inside the walls of the building and conveys
it to the building sewer, beginning two feet outside the inner face
of the building wall.
3.
CITY – Shall mean City of Ralston.
4.
CLEAN WATER ACT – Shall mean the Federal Water Pollution Control
Act, which was enacted in 1972 to prohibit the discharge of pollutants
to receiving waters of the United States and later amended in 1987,
to establish a framework for regulating municipal, industrial, and
construction stormwater discharges under the NPDES Program.
5.
COMMERCIAL ACTIVITY – Shall mean any public or private activity
not defined as an industrial activity in 40 Code of Federal Regulations
(CFR) 122.26(b)(14) as of the date of this Chapter involved in the
storage, transportation, distribution, exchange or sale of goods and/or
commodities or providing professional and/or nonprofessional services.
6.
CONSTRUCTION ACTIVITY – Shall mean any clearing, grading, or
excavation that results in soil disturbance. Construction activity
also includes, but is not limited to, construction, repairs, dewatering,
remodeling, building, and emergency construction activities required
to immediately protect public health and safety.
7.
DIRECTOR – Shall mean the Director of Public Works Department
for the City of Ralston or his/her authorized agent, or representative.
8.
DISCHARGE – Shall mean any release, spill, leak, pump, flow,
escape, dumping, or disposal of any liquid, semisolid, or solid substance
to the municipal storm sewer system.
9.
HAZARDOUS SUBSTANCE – Shall mean any substance designated under
40 CFR Part 116 pursuant to section 311 of the Clean Water Act.
10.
ILLICIT CONNECTION – Shall mean any human-made conveyance that
is directly or indirectly connected to the municipal separate storm
sewer system and allows for an illicit discharge.
11.
ILLICIT DISCHARGE – Shall mean any discharge to the municipal separate storm sewer system that is prohibited under local, State, or Federal statutes, ordinances, codes, or regulations. Illicit discharges include all non-stormwater discharges except discharges pursuant to a NPDES permit or conditionally exempted by ordinance and include those prohibited in Sections 16-104 and 16-111, below.
12.
ILLICIT DISPOSAL – Shall mean any disposal, either intentional
or unintentional, of material(s), substance(s), or waste(s) that has
the potential to pollute runoff unless otherwise allowed by law.
13.
INDUSTRIAL ACTIVITY – Shall mean any public or private activity
which is associated with any other of the 11 categories of activities
defined in 40 CFR 122.26(b)(14).
14.
INDUSTRIAL/COMMERCIAL FACILITY – Shall mean any public or private
facility involved and/or used in the production, manufacture, storage,
transportation, distribution, exchange or sale of goods and/or commodities,
or any facility involved and/or used in providing professional services.
This category of facility includes but is not limited to, any facility
defined by a Standard Industrial Code (SIC).
15.
LOW IMPACT DEVELOPMENT (LID) – Shall mean decentralized management
of precipitation that would otherwise be stormwater runoff, utilizing
techniques that infiltrate, filter, store, evaporate, or temporarily
detain stormwater.
16.
MAXIMUM EXTENT PRACTICABLE – Shall mean a standard for implementation
of stormwater management programs to reduce pollutants in stormwater.
It is the maximum extent possible taking into account equitable consideration
of competing factors, including, but not limited to the seriousness
of the problem, public health risk, environmental benefits, pollutant
removal effectiveness, regulatory compliance, ability to implement,
cost and technical feasibility.
17.
MUNICIPAL STORM SEWER SYSTEM – Shall mean any pipe, ditch or
gully, or system of pipes, ditches, or gullies, that is owned or operated
by the City and used for collecting and conveying stormwater.
18.
NEW DEVELOPMENT – Shall mean land disturbing activities; structural
development, including construction or installation of a building
or structure, the creation of impervious surfaces; and land subdivision.
19.
NON-STORMWATER RUNOFF – Shall mean any discharge to the municipal
storm sewer system that is not composed entirely of stormwater.
20.
NPDES – Shall mean the National Pollutant Discharge Elimination
System and is implemented and enforced by a permit issued by the U.S.
Environmental Protection Agency, or the Nebraska Department of Environmental
Quality (NDEQ) pursuant to the Clean Water Act that authorizes discharges
to waters of the United States and requires the reduction of pollutants
in the discharge.
21.
NUISANCE – Shall mean public nuisance as provided in Chapter 4 and also as defined in this Section.
22.
POLLUTANT – Shall mean the same as defined in section 502(6)
of the Clean Water Act including, but are not limited to the following,
but does not include uncontaminated stormwater, potable water, groundwater,
or reclaimed water by a lawfully permitted water treatment facility.
a.
Materials (including but not limited to fuels, solvents, chemical,
detergents, plastic, pellets, hazardous substances, radioactive wastes,
fertilizers, pesticides, paints, soot, slag, ash, sludge);
b.
Metals and nonmetals both soluble and insoluble (including but not
limited to cadmium, lead, zinc, copper, silver, nickel, chromium,
chlorine, phosphorous, and arsenic);
c.
Petroleum hydrocarbons (including but not limited to fuels, oils,
lubricants, surfactants, waste oils, solvents, coolants, and grease);
d.
Eroded soils, sediment, and particulate materials in amounts, which
may adversely affect the beneficial use of the receiving waters, flora,
or fauna of the State;
e.
Animal wastes (including but not limited to discharge from confinement
facilities, kennels, pens, recreational facilities, and stables);
f.
Substances having acidic or corrosive characteristics, unusual coloration
or turbidity;
g.
Any domestic or industrial wastewater;
h.
Any hazardous substance.
23.
PRIVATE STORMWATER CONVEYANCE SYSTEM – Shall mean a stormwater
conveyance system that is not owned or maintained by the City including
any instrumentality that drains or conveys water from a building or
from/through one or more properties to the environment or the City's
stormwater system.
24.
PUBLIC NUISANCE – Shall mean any discharge in violation of
the provisions of this Chapter, a wastewater discharge permit, or
an order or the City Council.
25.
RECEIVING WATERS – Shall mean all surface water bodies, including
all streams, lakes, ponds, impounding reservoirs, marshes, wetlands,
watercourses, waterways, wells, springs, irrigation ditches, gullies
or channels, drainage systems, and all other bodies or accumulation
of water, natural or artificial, public or private, situated wholly
or partly within or bordering upon the extra-territorial jurisdiction
of the City of Ralston.
26.
RUNOFF – Shall mean any stormwater or non-stormwater discharges
from a drainage area that enters the municipal storm sewer system.
The term runoff is interchangeable with the term urban runoff.
27.
SANITARY SEWAGE – Shall mean liquid and water-carried industrial
or domestic wastes from dwellings, commercial buildings, industrial
facilities and institutions.
28.
SEPARATE STORM SEWER – Shall mean pipe or conduit, which by
designation of the Director, carries only stormwater runoff, discharges
pursuant to a NPDES permit or discharges conditionally exempted by
ordinance.
29.
SIGNIFICANT REDEVELOPMENT – Shall mean land-disturbing activity
that results in the creation, addition or replacement of at least
5,000 square feet of impervious surface area on an already developed
site. Redevelopment includes, but is not limited to the following
activities that meet the minimum standards set forth in this definition:
a.
The expansion of a building footprint;
b.
Addition or replacement of a structure;
c.
Replacement of impervious surface that is not part of a routine maintenance
activity; and
d.
Land disturbing activities related to structural or impervious surfaces.
|
Redevelopment does not include routine maintenance activities
that are conducted to maintain original line and grade, hydraulic
capacity, original purpose of facility or emergency redevelopment
activity required to protect public health and safety.
|
30.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) – Shall mean a classification
pursuant to the current edition of the Standard Industrial Classification
Manual issued by the Executive Office of the President of the United
States, Office of Management and Budget.
31.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP) – Shall mean a
plan required by the State of Nebraska under either the General Permit
for Stormwater Discharges or an individual NPDES permit, which includes
requirements for stormwater discharges associated with either industrial
or construction activities. The purpose of the plan is to help identify
the sources of pollution that affect the quality of stormwater discharges
from a site and to describe and ensure the implementation of practices
to reduce pollutants in stormwater discharges.
32.
STORMWATER RUNOFF – Shall mean that part of natural precipitation
(rainfall or snowmelt, including that of any frozen precipitation),
which travels via flow across any surface to the municipal storm sewer
system.
33.
STREET WASH WATER – Shall mean the water and the associated
debris resulting from the washing of streets and/or sidewalks.
34.
URBAN RUNOFF – Shall mean any stormwater and non-stormwater
runoff from developed land in, or adjacent to, any municipality.
35.
U.S. EPA – Shall mean the United States Environmental Protection
Agency.
[Added by Ord. No. 1115, § 1, 9-5-2006]
1.
No person shall cause the discharge of non-stormwater runoff to enter
the municipal separate storm sewer system unless the discharge is
one of the following:
a.
Authorized by a NPDES permit issued by EPA, or NDEQ,
b.
Caused by or resulting from one of the following:
(1)
Firefighting activities, where such discharges or flows contain
no significant sources of pollutants.
(2)
Landscape irrigation.
(3)
Diverted stream flows.
(4)
Rising ground waters.
(5)
Uncontaminated ground water infiltration, as defined at 40 CFR
35.2005(20).
(6)
Uncontaminated pumped ground water.
(7)
Discharges from potable water sources.
(8)
Foundation drains.
(9)
Air conditioning condensation.
(10)
Irrigation water.
(11)
Springs.
(12)
Water from crawl space pumps.
(13)
Footing drains.
(14)
Lawn watering.
(15)
Individual residential car washing.
(16)
Flows from riparian habitats and wetlands.
(17)
Dechlorinated swimming pool discharges.
(18)
Street wash water.
c.
Authorized by the City of Ralston.
2.
All exempt discharges, as listed above, must be in conformance with
all other provisions of this code.
[Added by Ord. No. 1115, § 1, 9-5-2006]
No person shall install, maintain, or use any connection to
the municipal separate storm sewer system that may result in an illicit
discharge to the municipal storm sewer system. All connections to
the municipal storm sewer system that provide for an illicit discharge
from inside a building are prohibited.
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection. For illicit connections made in the past,
a plan to remedy the illicit connection shall be submitted to the
Director.
[Added by Ord. No. 1115, § 1, 9-5-2006]
If any person fails to disconnect an illicit connection upon
thirty-day prior notification by the Director, the Director may cause
the removal of such connection from the municipal storm sewer system.
The City may pursue the recovery of costs by appropriate means including
a suit at law against the person or persons responsible for such disconnection.
[Added by Ord. No. 1115, § 1, 9-5-2006]
The owner of a property where a private stormwater conveyance
system is located shall be responsible for the maintenance and repair,
and proper operation of the private stormwater conveyance system,
regardless of whether the private stormwater conveyance system is
completely located on the private property or partially within the
public right-of-way. The City shall have no responsibility or obligation
for the maintenance, repair, or proper operation of a private stormwater
conveyance system.
If the Director determines that a private stormwater conveyance system is not operating properly and causes the improper discharge of stormwater to the street, sidewalk or municipal storm sewer system, the Director may declare this condition to constitute a public nuisance and proceed to abate that nuisance in accordance with Section 16-114.
[Added by Ord. No. 1115, § 1, 9-5-2006]
No person shall cause discharge of sanitary sewage to the municipal separate storm sewer system. In addition, if the Director determines that a building drain or building sewer is not operating properly and causes the discharge of sewage to the street, sidewalk, or municipal separate storm sewer system, the Director may declare this condition to constitute a public nuisance and proceed to abate that nuisance in accordance with Section 16-114.
[Added by Ord. No. 1115, § 1, 9-5-2006]
It is unlawful for any person to maliciously, willfully, or
negligently break, damage, destroy, uncover, deface or tamper with
any structure, appurtenance or equipment which is part of the municipal
storm sewer system.
[Added by Ord. No. 1115, § 1, 9-5-2006]
No person shall throw, deposit, place, leave, maintain, litter,
keep, or permit to be thrown, deposited, left, maintained or kept
any pollutant, refuse, rubbish, food waste, yard waste, garbage, or
any other discarded or abandoned objects in or upon any public or
private property, driveway, parking area, street, alley, sidewalk,
or other location that may result in an illicit discharge to the municipal
storm sewer system. Wastes placed in containers protected from urban
runoff such as bags, cans, or recycling bins, and City-approved wastes
from construction on public right-of-way are exempted from this prohibition.
[Added by Ord. No. 1115, § 1, 9-5-2006]
The following list of discharges from industrial/commercial activities shall be considered prohibited unless permitted under a separate NPDES permit or approved by the City Public Works Department. This list is based on Section 16-104 (Illicit Discharges Prohibited), but is not an exhaustive list of prohibited discharges to the municipal storm sewer system:
1.
Water from the cleaning of vehicle fueling stations, vehicle service
garages, or other types of vehicle service facilities.
2.
Water, cleansers, or solvents from the cleaning of vehicles, machinery
or equipment, and other such commercial and industrial operations.
3.
Water from the washing or rinsing of vehicles containing soap, detergents,
solvents, or other cleaners.
4.
Water from the cleaning or rinsing of vehicle engine, undercarriage,
or auto parts cleaning.
5.
Vehicle fluids.
6.
Mat wash water from food service facilities.
7.
Food and kitchen cleaning water from food service facilities.
8.
Leakage from dumpsters or trash containers.
9.
Water from the cleaning or rinsing of garbage dumpster areas and
areas where garbage is stored or contained.
10.
Water from pressure washing, steam cleaning, and hand scrubbing of
sidewalks, gutters, plazas, alleyways, outdoor eating areas, steps,
building exteriors, walls, driveways, and other outdoor surfaces.
11.
Wastewater or cleaning fluids from carpet cleaning.
12.
Swimming pool and spa water.
13.
Wash out from concrete trucks.
14.
Runoff from areas where hazardous substances, including diesel fuel,
gasoline and motor oil are stored.
15.
Super-chlorinated, i.e. greater than 4 mg/l chlorine, water normally
associated with the disinfection of potable water systems.
[Added by Ord. No. 1115, § 1, 9-5-2006]
In the event of discovery of a discharge to the municipal storm
sewer system that is prohibited by this Code, the discharger or permittee
shall immediately notify the Director of the incident by telephone,
facsimile or e-mail. The notification shall include the discharge
location, type of materials discharged, estimated concentration and
volume of the discharge, and corrective actions taken to contain or
minimize the effects of the discharge.
In addition, a written report, facsimile or e-mail, addressed
to the Director detailing the date, time and cause of the discharge,
the quantity and characteristics of the discharge, corrective actions
taken to contain or minimize the effects of the discharge, and corrective
actions taken to prevent future discharges shall be filed by the responsible
person within five days of the occurrence of the noncomplying discharge.
[Added by Ord. No. 1115, § 1,9-5-2006]
It shall be unlawful for any person to engage in or cause any
grading, clearing, or excavation activities that result in the disturbance
of any land areas sufficiently large to require a general NPDES construction
site stormwater permit, without the property owner, tenant, or easement
holder, or their agent, first obtaining a grading permit from the
City's Permits and Inspection Division. This section shall not apply
to grading performed solely for agricultural purposes.
[Added by Ord. No. 1115, § 1, 9-5-2006]
1.
Any property owner, tenant, or easement holder, or their agent, desiring
a grading permit shall make an application to the Permits and Inspections
Division on the forms provided by the Division.
2.
Any property owner, tenant, or easement holder, or their agent, desiring
a grading permit shall also submit to the City's Permits and Inspection
Division a completed NDEQ notice of intent/permit application for
coverage under the general NPDES construction site stormwater permit.
Such permit application shall be made on forms provided by the NDEQ
and distributed by the Permits and Inspection Division. The City shall
review all such completed applications and then forward the documents
to the NDEQ for approval or denial.
[Added by Ord. No. 1115, § 1, 9-5-2006]
Before any grading permit application will be accepted by the
Permits and Inspection Division, the applicant shall pay to the City
a fee of $500 for 10 acres or less, or $1,000 for more than 10 acres.
[Added by Ord. No. 1115, § 1, 9-5-2006]
If, after, examination of the application for a grading permit,
the Public Works Department has determined that the proposed plan
will meet the requirements of this Chapter and if the NDEQ approved
the NPDES application for the project, or fails to review and approve
or deny the application within seven days, then the Permits and Inspection
Division shall issue the grading permit.
[Added by Ord. No. 1115, § 1, 9-5-2006]
Provisions for erosion and sediment control at construction
and development sites are set forth in the Omaha Regional Stormwater
Design Manual. The provisions thereof shall be controlling of all
subjects contained therein within the corporate limits and within
the jurisdictional area outside the City limits. In the event of any
conflict between the provisions of the Omaha Regional Stormwater Design
Manual, or any other ordinance, and the provisions of an NPDES permit
issued by the State of Nebraska, the provision that imposes the higher
or most stringent or most specific practice shall prevail.
[Added by Ord. No. 1115, § 1, 9-5-2006]
Land development and significant redevelopment projects with
the potential to add pollutants to stormwater or to affect the flow
rate or velocity of stormwater runoff after construction is completed
must include provisions for the management of the increased post construction
runoff in a Post-Construction Stormwater Management Plan.
[Added by Ord. No. 1115, § 1, 9-5-2006; amended by Ord. No.
1149, 6-1-2010]
The Post-Construction Stormwater Management Plan shall be submitted to the Director, on a form or format specified by the Director, as part of any preliminary plat application required under the Subdivision Regulations of the City. If not already submitted as part of a preliminary plat process. A post-construction stormwater management plan shall be submitted to the Director for any activity requiring a permit under Section 16-113, at the same time the application for a City of Ralston grading permit is submitted. For any significant redevelopment that does not require a permit under Section 16-113, a post-construction stormwater management plan shall be submitted along with the permit application for any activity requiring a building permit.
The Post-Construction Stormwater Management Plan, at a minimum,
shall include the BMP or BMPs selected, the BMP design, schedules
and procedures for inspection and maintenance of the BMPs.
For all developments that have not had a preliminary plat approved
by the City Council prior to April 1, 2010, the post-construction
stormwater management plan, at a minimum, shall include Low Impact
Development (LID) BMPs to provide for water quality control of the
first 1/2 inch of runoff from the side and shall maintain the peak
discharge rates during the two-year storm event to baseline land use
conditions, measured at every drainage outlet (stormwater discharge)
from the new development or significant redevelopment. The Director
may also require this minimum control level for replats that significantly
increase the amount of impervious area in a preliminarily platted
subdivision, which was approved by the City Council prior to April
1, 2010.
For all developments with plats preliminarily approval by the City Council prior to April 1, 2010 and for any sites requiring a permit under Section 16-113 and for significant redevelopment projects, the post-construction stormwater management plan, at a minimum shall include the BMP or BMPs selected, the BMP design, schedules and procedures for inspection and maintenance of the BMPs, and for any sites requiring a permit under Section 16-113 and where it is reasonably practicable, include BMPs for water quality control of the first 1/2 inch of runoff from the site. Provisions for BMPs are set forth in the Omaha Regional Stormwater Design Manual. For significant redevelopment projects that do not require a permit under Section 16-113 or that involve replacement of building structures without significant disturbance of existing parking or other previous areas, BMPs for water quality control of the first 1/2 inch of runoff from the site shall not be required. For significant redevelopment projects involving an outlot parcel that is part of a greater existing development, the calculation of the area requiring control of the first 1/2 inch of runoff shall be based only on the impervious area of the project site that is being added or disturbed within the outlot parcel.
[Added by Ord. No. 1115, § 1, 9-5-2006]
Systems designed to accommodate only one single-family dwelling
unit, duplex, triplex, or quadraplex, provided the single unit is
not part of a larger common plan of development or sale, are exempt
from the requirements in this Chapter to submit a Post-Construction
Stormwater Management Plan.
[Added by Ord. No. 1115, § 1, 9-5-2006]
1.
The owners and occupants of lands on which structural post-construction
BMPs have been installed to meet the requirements of this Chapter
shall ensure the maintenance of these BMPs and shall themselves maintain
those BMPs if other persons or entities who are also obligated to
maintain those BMPs (by contract or covenant, or pursuant to this
Chapter) fail to do so. Structural BMPs shall be inspected at least
annually, and a written record of inspection results and any maintenance
work shall be maintained and available for review by the City.
2.
The responsibility to maintain a BMP may be transferred through a
contract or other agreement. The person or entity accepting a maintenance
obligation in such a contract or agreement will also be legally obliged
to maintain that BMP pursuant to this Chapter. However, no contract
or other agreement imposing an obligation to maintain a BMP can relieve
a person or entity of any obligation to maintain a BMP imposed by
this Chapter.
3.
The maintenance agreement shall require the applicant or owner to
execute an inspection and maintenance agreement, to be filled of record,
binding on all subsequent owners of land served by a private stormwater
management facility. Such agreement shall provide for access to the
facility, at reasonable times, for inspections by the City or its
authorized representative to ensure that the facility is maintained
in proper working condition to meet design standards.
4.
The applicant and/or owner shall record the maintenance agreement
with the Register of Deeds.
5.
The maintenance agreement shall also provide that if after notice
by the City to correct a violation requiring maintenance work, satisfactory
corrections are not made by the owner(s) or occupant within a reasonable
period of time 30 days maximum), the City may perform all necessary
work to place the facility in proper working condition. The owner(s)
or occupant of the facility shall be assessed the cost of the work
and any lawful penalties.
[Added by Ord. No. 1115, § 1, 9-5-2006]
Whenever it shall be necessary for the purposes of these rules
and regulations, the Director, upon the presentation of credentials,
may enter upon any property or premises at reasonable times for the
purpose of: (1) copying any records required to be kept under the
provisions of this Chapter, (2) inspecting any BMPs, and (3) sampling
any discharge to the municipal storm sewer system. The Director may
enter upon the property at any hour under emergency circumstances.
The authority to so inspect, sample and copy records shall be limited
to only those things, and only the extent, that it has a direct bearing
on the kind and source of discharges into the municipal storm sewer
system.
[Added by Ord. No. 1115, § 1, 9-5-2006]
If substances in violation of 16-104 of this Code are discharged
or proposed to be discharged into the municipal storm sewer system
of the City or any tributary thereto, the City may take action necessary
to:
1.
Prohibit the discharge of such effluent.
2.
Require a discharger to demonstrate that modifications to such discharger's
facilities will reduce or eliminate the discharge of such substances
in conformity with this Chapter.
3.
Require pretreatment, including storage, detention or retention facilities
necessary to reduce or eliminate the objectionable characteristics
or substances so that the discharge will not violate these prohibitions
and limitations.
4.
Require the person making, causing, or allowing the discharge to
pay an additional cost or expense incurred by the City for taking
remedial actions as may be deemed to be desirable or necessary to
achieve the purpose of this Chapter.
5.
Require any combination or all of the above.
[Added by Ord. No. 1115, § 1, 9-5-2006]
Whenever the Director finds that any person has violated or
is violating this Chapter or any prohibition, limitation or requirement
contained herein, such person shall be notified in writing.
[Added by Ord. No. 1115, § 1, 9-5-2006; amended 2-15-2022 by Ord. No. 1303]
Any person who is found to have violated an order provided for
in this Chapter, or who willfully or negligently failed to comply
with any provisions of this Chapter and the rules and regulations
issued hereunder, shall be deemed guilty of a class III misdemeanor
as defined by Neb. Rev. Stat. § 28- 106. Each day any such
violation or failure to perform such act shall continue, shall constitute
a separate offense, unless otherwise specifically provided. Except
as prohibited by the State or Federal Constitutions, a prosecution
under this Chapter, shall not be the exclusive penalty for such acts
or omissions.
[Added by Ord. No. 1115, § 1, 9-5-2006]
The Director may make rules and regulations, which expand upon
or add to the provisions of this Chapter but are not inconsistent
with them. Prior to taking effect, such rules and regulations, or
any amendments thereto, shall be approved by resolution of the City
Council. A copy of such rules and regulations, with any current amendments,
shall be on file with the City Clerk.
[Added by Ord. No. 1115, § 1, 9-5-2006]
Any person aggrieved by the issuance, denial, suspension, cancellation,
modification, or revocation of any permit provided for in this Chapter
or by any other order of the Director, may within 10 days of the receipt
of written notice of the entry of such order, appeal to the Administrative
Appeals Board by complying with the provisions of Section 2-185 [of
the Omaha Regional Stormwater Design Manual.][1]
[1]
Editor's Note: Bracketed text is editorial addition at time
of supplementation.
[Added by Ord. No. 1115, § 1, 9-5-2006]
The provisions of this Chapter shall control over any inconsistent
or conflicting provision of this Code.
[Added by Ord. No. 1115, § 1, 9-5-2006]
If any portion of this Chapter or the application thereof to
any person or circumstances is held invalid, the remainder of this
Chapter, and the application of such provisions to other persons or
circumstances, shall not be affected thereby.
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Division 1
Generally
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[Added by Ord. No. 1149, § 2, 6-1-2010]
Through an Interlocal Cooperation Act Agreement, Ralston participated
in the Papillion Creek Watershed Partnership to draft six policies
and map-based Papillion Creek Watershed Plan and a shorter term Papillion
Creek Watershed Implementation Plan. These policies and plans have
been adopted into the Ralston Comprehensive Plan as the Stormwater
Element.
[Added by Ord. No. 1149, § 2, 6-1-2010]
It is expected the policies and plans in the Stormwater Management
Policies of the Comprehensive Plan will continue to be refined and
amended after appropriate action by the Planning Commission and adoption
by the City Council as provided by law. Specifically, the City of
Ralston in cooperation with the City of Omaha and the other partners
intends to review the needs for regional detention structures and
water quality basins on approximately a three year interval to provide
updates to the Papillion Creek Watershed Implementation Plan. These
updates will be done in concert with the periodic amendments to the
Papillion Creek Watershed Sanitary Interceptor Sewer Master Plan.
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Division 2
Watershed Management Fees
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[Added by Ord. No. 1149, § 2, 6-1-2010]
In accordance with the adopted Stormwater Element of the Ralston
Comprehensive Plan, Watershed Management Fees shall be collected from
new developments and significant redevelopment requiring a subdivision
agreement and located wholly or in part in the Papillion Creek Watershed
to provide funding for construction of regional detention structures
and water quality basins contained in the Papillion Creek Watershed
Plan. However, any parcel of property for which similar Watershed
Management fees have been collected previously, will not be required
to again contribute the fees as the result of a subsequent redevelopment.
Through the terms of an Interlocal Cooperation Act Agreement, as may
be amended from time to time, Ralston shall transfer such fees to
the Papio-Missouri River Natural Resource District, which will be
responsible for the construction of regional detention structures
and water quality basins in accordance with the Papillion Creek Watershed
Implementation Plan, as may be amended from time to time.
[Added by Ord. No. 1149, § 2, 6-1-2010]
The Watershed Management fees required under this Division shall
be specified in all subdivision agreements executed after the effective
date of this Article and shall be collected for each parcel computed
amount at the time of issuance of the first building permit for each
parcel in a development. The Watershed Management fees specified in
an approved subdivision agreement shall not change, although the Watershed
Management fee framework or rates possibly may be changed before all
building permits have been issued for a given subdivision.
[Added by Ord. No. 1149, § 2, 6-1-2010]
1.
Based upon the recommendations of the Papillion Creek Watershed Partnership
and consistent with the terms of an Interlocal Cooperation Act Agreement
the Papio-Missouri River Natural Resource District the rates are established
for Watershed Management fees:
2.
The per acre charges shall be computed to the nearest 1/100 acre,
but the fee shall in no event be less than the applicable fee for
a single-family unit in subsection 1a above. As used herein, the expression
institutional refers primarily to religious assembly facilities and
public and private schools. The fees for such institutional uses will
be computed on acreage including the developed land, parking areas,
and the land immediately adjacent to the facility which forms the
usable part of the property, excluding playgrounds or sports activity
areas. Commercial, industrial and mixed-use (e.g. first floor office
and commercial with second floor residential) acreage shall be based
upon the entire zoned area.
3.
The fees provided for in this division are in addition to all other
sewer connection or use fees provided for elsewhere in this Code.
