[Ord. No. 906, Art. VI, 7-8-2008]
The USEPA National Pollution Discharge Elimination System (NPDES)
permit program administered by the North Dakota Department of Health
(NDDH) requires that cities meeting certain demographic and environmental
impact criteria obtain an NPDES permit for the discharge of stormwater
from a municipal separate storm sewer system (MS4). The City of Williston
is subject to the NPDES Permit Program and is required to obtain,
and has obtained, an MS4 permit.
As a condition of the City's MS4 permit, the City is obliged
to adopt and enforce a post-construction stormwater control ordinance.
The purpose of this article is to protect and safeguard the
general health, safety, and welfare of the public within the City
of Williston's jurisdiction. This article seeks to meet that
purpose through the following objectives:
(a)
Minimize increases in stormwater runoff from development within the
City limits and extraterritorial area in order to reduce flooding,
siltation, and streambank erosion and maintain the integrity of stream
channels;
(b)
Minimize increases in nonpoint source pollution caused by stormwater
runoff from development which would otherwise degrade local water
quality;
(c)
Minimize the total annual volume of surface water runoff which flows
from any specific development project site after completion to not
exceed the predevelopment hydrologic regime to the maximum extent
practicable; and
(d)
Reduce stormwater runoff rates and volumes, soil erosion, and nonpoint
source pollution, wherever possible, through establishment of appropriate
minimum stormwater management standards and BMPs and to ensure that
BMPs are properly maintained and pose no threat to public safety.
The requirements of this article should be considered minimum
requirements, and where any provision of this article imposes restrictions
different from those imposed by any other ordinance, rule or regulations,
or other provision of law, whichever provisions are more restrictive
or impose higher protective standards for human health or the environment
shall be considered to take precedence.
[Ord. No. 906, Art. VI, 7-8-2008]
(a)
APPLICANT - Means a property owner or agent of a property owner who
has filed an application for a stormwater management plan.
(b)
BUILDING - Means any structure, either temporary or permanent, having
walls and a roof, designed for the shelter or any person, animal,
or property, and occupying more than 200 square feet of area.
(c)
DEVELOPER - Means a person who undertakes land disturbance activities.
(d)
DEVELOPMENT - Means land disturbance activities exceeding one acre.
(e)
DRAINAGE EASEMENT - Means a legal right granted by a landowner to
a grantee allowing the use of private land for stormwater management
purposes.
(f)
ENFORCEMENT OFFICER - Shall be the City Engineer, building inspector
or persons designated by the City having responsibility for administration
and enforcement of this article.
(g)
LAND DISTURBANCE ACTIVITY - Means any activity which changes the
volume or peak flow discharge rate of rainfall runoff from the land
surface. This may include the grading, digging, cutting, scraping,
or excavating of soil, placement of fill materials, paving, construction,
substantial removal of vegetation, or any activity which bares soil
or rock or involves the diversion or piping of any natural or man-made
watercourse.
(h)
LANDOWNER - Means the legal or beneficial owner of land, including
those holding the right to purchase or lease the land, or any other
person holding proprietary rights in the land.
(i)
MAINTENANCE AGREEMENT - Means a legal recorded document that acts
as a property deed restriction, and which provides for long-term maintenance
of stormwater BMPs.
(j)
STORMWATER MANAGEMENT - Means the use of BMPs to reduce stormwater
runoff pollutant loads, discharge volumes, and peak flow discharge
rates.
(k)
STORMWATER POLLUTION PREVENTION PLAN (SWPPP) - Means a plan that
is designed to minimize the accelerated erosion and sediment runoff
at a site during construction activities and includes provisions for
additional pollution prevention.
[Ord. No. 906, Art. VI, 7-8-2008]
(a)
No landowner or developer shall receive subdivision approval without
first meeting the requirements of this article or having received
a waiver of this article by a duly authorized City employee. The stormwater
management plan shall be submitted in conjunction with a nonrefundable
plan review fee.
(b)
Within 14 business days of the receipt of a complete stormwater management
plan, including all documents as required by this article, the City
shall inform the applicant whether the plan is approved or disapproved.
(c)
The stormwater management plan shall be prepared by a licensed professional
engineer (PE).
(d)
Two sets of legible copies of the drawings and required information
shall be submitted to the City Engineer and shall be accompanied by
a receipt from the City to document the payment of all required fees.
Plans shall be prepared to a scale appropriate to the size of the
project and suitable for review.
(e)
At a minimum the stormwater management plan for subdivision approval
shall contain the following information:
(1)
A map of the existing site conditions showing the site and immediately
adjacent areas, including:
a.
The name and address of the applicant, the section, township,
and range, the north point, date, and scale of drawing.
b.
The location of the tract by an insert map at a scale sufficient
to clearly identify the location of the property that provides such
information as the names and numbers of adjoining roads, railroads,
utilities, subdivisions, or other defining landmarks.
c.
Existing topography with a contour interval appropriate to the
topography of the land, but in no case having a contour interval greater
than two feet and/or providing spot elevations.
d.
The 100-year floodplains, flood fringes, and floodways.
e.
Location and dimensions of the existing stormwater drain systems
and natural drainage patterns on and immediately adjacent to the site
delineating the direction and the rate stormwater is conveyed from
the site, identifying the receiving stream, river, public drainage
system, or wetland, and identifying those areas of the unaltered site
where stormwater collects or passes.
f.
Locations and dimensions of all proposed land disturbing activities
and any phasing or scheduling of those activities.
g.
Hydraulic design calculations for the predevelopment and post-development
conditions for a two-year and 100-year storm. Calculations shall include
a description of the design storm frequency, intensity, and duration;
time of concentration; Soil Curve Numbers or runoff coefficients;
peak runoff rates and total runoff volumes for each watershed area;
storm sewer capacities; flow velocities; and data on the increase
in rate and volume of runoff for the design storms.
h.
Stormwater improvements necessary to accommodate increases in
stormwater rates and volumes.
i.
Approximate location of all temporary soil and dirt stockpile
areas.
j.
Location and description of all construction site erosion control
measures necessary to meet the requirements of this article.
k.
A schedule of anticipated starting and completion dates for
each land disturbing activity, including the installation of construction
site erosion control measures needed to meet the requirements of the
article.
l.
Provisions for maintaining the construction site erosion control
measures prior to, during, and after construction.
(f)
The applicant or owner of every site shall be responsible for maintaining
as-built stormwater BMPs until final acceptance of the BMPs by the
City of Williston.
(g)
Right of entry for inspection. When any new stormwater BMP is installed
on private property, or when any new connection is made between private
property and a public stormwater management facility, the property
owner shall grant to the City the right to enter the property at reasonable
time and in a reasonable manner for the purpose of inspection. This
includes the right to enter a property when City has reasonable basis
to believe that a violation of this article is occurring or has occurred,
and to enter when necessary for abatement of a public nuisance or
correction of a violation of this article.
[Ord. No. 906, Art. VI, 7-8-2008]
Any violation of this article is subject to the following remedies
or penalties:
(a)
Failure to maintain stormwater BMPs. If a responsible party fails
or refuses to meet the requirements of the maintenance covenant or
any provision of this article, City, after reasonable notice, may
correct a violation by performing all necessary work to place the
BMP in proper working condition. In the event that the stormwater
BMP becomes a danger to public safety or public health, City shall
notify the party responsible for maintenance of the stormwater BMP
in writing. Upon receipt of that notice, the responsible person shall
have 30 days to complete maintenance and repair of the stormwater
BMP in an approved manner. After proper notice, City may assess, jointly
and severally, the owner(s) of the stormwater BMP or the property
owners or the parties responsible for maintenance under any applicable
written agreement for the cost of repair work and any penalties; and
the cost of the work shall be a lien on the property, or prorated
against the beneficial users of the property, and may be placed on
the tax bill and collected as ordinary taxes.
(b)
If any official with the City of Williston discovers a violation
of this section, the City may elect to send notice to the offending
parties that the stormwater BMPs will be cleaned or repaired by the
City of Williston and the offending party shall be billed accordingly.
(c)
If the person owning the property disagrees with the City's decision as to its finding of responsibility for the stormwater plan violation, they may appeal the decision to the Board of Appeals established under §§ 5-316, 5-317, 5-318, 5-319, 5-320.
The above-listed sections as applicable to violations of the
building code and decisions made by the building inspector shall also
be applicable to violations of the storm sewer ordinance and decisions
made by duly authorized City officials.
(d)
Any person, firm, or corporation violating any of the terms or provisions of Article I through XI of Buildings and Building Regulations of the City of Williston shall, upon conviction, be punished by a fine of up to $500 or by imprisonment up to 30 days, or both. Each day of violation shall constitute a separate offense.
