[Ord. No. 3025, 8-7-2018]
A.
It is determined that:
1.
Illicit and non-stormwater discharges to the storm drain system
can contribute a wide variety of pollutants to waterways, and the
control of these discharges is necessary to protect public health
and safety and water quality;
2.
Clearing and grading during construction increase soil erosion
and add to the loss of native vegetation;
3.
Substantial economic losses can result from these adverse impacts
on the waters of the City;
4.
Stormwater runoff, soil erosion and non-point source pollution
can be controlled and minimized through the regulation of stormwater
runoff from land development activities;
5.
The regulation of stormwater runoff discharges from land development
activities in order to control non-point source pollution associated
with stormwater runoff is in the public interest and will minimize
threats to public health and safety;
6.
Land development activities and associated increases in site
impervious cover alter the hydrologic response of local watersheds
and increase stormwater runoff rates and volumes, flooding, stream
channel erosion, sediment transport and deposition;
7.
This stormwater runoff contributes to increased quantities of
water-borne pollutants;
8.
Improper design and construction of stormwater best management
practices (BMPs) can increase the velocity of stormwater runoff thereby
increasing stream bank erosion and sedimentation;
9.
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream base flow;
10.
Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of stormwater runoff from development.
[Ord. No. 3025, 8-7-2018]
A.
The purpose of this Chapter is to establish minimum requirements
and controls to protect and safeguard the general health, safety,
and welfare of the public residing in watersheds within the City.
This Chapter seeks to meet that purpose through the following objectives:
1.
To protect the safety and welfare of citizens, property owners,
and businesses by minimizing the negative impacts of land disturbance
and illicit discharges.
2.
To control non-point source pollution.
3.
To protect the condition of the drainage ditches, state (and
federal) waters for all reasonable public use.
4.
To establish legal authority to carry out all the inspection
and monitoring procedures necessary to ensure compliance with this
Chapter.
5.
To enable the City to comply with the national pollution discharge
elimination system permit and applicable federal and state regulations.
6.
To protect the safety and welfare of citizens, property owners,
and businesses by minimizing the negative impacts of increased stormwater
discharges from new land development and redevelopment.
7.
To control the rate, quality and volume of stormwater originating
from development and redevelopment sites so that surface water and
groundwater are protected and flooding and erosion potential are not
increased.
8.
To encourage responsible development to occur in the City of
Kennett.
9.
To control drainage ditch erosion.
10.
To maintain the integrity of the drainage ditches and networks
for their biological functions, drainage, and natural recharge of
groundwater.
11.
To provide long-term responsibility for and maintenance of stormwater
BMPs.
[Ord. No. 3025, 8-7-2018]
A.
This Chapter shall be applicable to all land development, including, but not limited to, site plan applications, subdivision applications, and grading applications, unless exempt pursuant to Section 420.040. These provisions apply to any new development or redevelopment site within the City that meets one (1) or more of the following criteria:
1.
Land development that disturbs one (1) acre or more.
a.
It is highly recommended for all land disturbance where erosion
could leave the developed property.
2.
Land development activities that are smaller than the minimum
applicability criteria set forth above if such activities are part
of a larger common plan of development, even though multiple, separate
and distinct land development activities may take place at different
times on different schedules.
3.
Land development that results in ten thousand (10,000) square
feet or more of additional impervious surface.
4.
Land development activities that are smaller than the minimum
applicability criteria may also be required to obtain authorization
under this Chapter if:
a.
The City of Kennett has determined that the stormwater discharge
from a site is causing, contributing to, or is likely to contribute
to a violation of a state or federal water quality standard;
b.
The City of Kennett has determined that the stormwater discharge
is, or is likely to be, a significant contributor of pollutants to
waters of the state;
c.
Changes in state or federal rules require sites of less than
ten thousand (10,000) square feet that are not part of a larger common
plan of development or sale to obtain a permit from the authorizing
MS4 authority; and
d.
Any development, regardless of size, that is defined by the
City of Kennett to be a hot spot land use.
[Ord. No. 3025, 8-7-2018]
A.
The following activities are exempt from this Chapter:
1.
Projects That Are Exclusively For Agricultural Uses. Agricultural
roads that are used to access other lands subject to this Chapter
are not exempt. Agricultural structures that are used for other uses
subject to this Chapter are not exempt.
2.
Maintenance and repair to any stormwater BMP deemed necessary
by the stormwater committee.
3.
Any emergency project that is immediately necessary for the
protection of life, property, or natural resources.
4.
Linear construction projects, such as pipeline or utility line
installation that does not result in the creation of impervious cover
or land disturbance greater than one (1) acre, as determined by the
stormwater committee. Such projects must be designed to minimize the
number of stream crossings and width of disturbance.
5.
Any part of a land development that was approved by the City
prior to the effective date of the ordinance from which this Chapter
is derived.
[Ord. No. 3025, 8-7-2018]
This Chapter is not intended to interfere with, abrogate, or
annul any other ordinance, rule or regulation, statute, or other provision
of law. The requirements of this Chapter should be considered minimum
requirements, and where any provision of this Chapter imposes restrictions
different from those imposed by any other ordinance, rule or regulation,
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. 3025, 8-7-2018]
Floods from stormwater runoff may occur which exceed the capacity
of stormwater drainage facilities constructed and maintained under
this Chapter. This Chapter does not guarantee that property will always
be free from stormwater flooding or flood damage. This Chapter shall
not create a liability on the part of, or cause of action against,
the City or any officer or employee thereof for any flood damage.
This Chapter does not purport to reduce the need or the necessity
for obtaining flood insurance.
[Ord. No. 3025, 8-7-2018]
Unless specifically defined below, words or phrases in this
Chapter shall be interpreted so as to give them the meaning they have
in common usage and to give this Chapter its most reasonable application:
A property owner or agent of a property owner who has filed
an application for a permit.
An established river stage/elevation at a given location
along a river which is intended to represent the maximum safe-water
level that will not overflow the river banks or cause any significant
damage within the river reach.
Activities, practices and procedures which control soil loss
and reduce or prevent water-quality degradation caused by nutrients,
animal wastes, toxins, organics and sediment in the runoff. BMPs may
either be structural (grass swales, terraces, retention and detention
ponds, and others); or non-structural (disconnection of impervious
surfaces, directing downspouts onto grass surfaces, ordinances and
educational activities).
A vegetated area, including trees, shrubs, managed lawn areas,
and herbaceous vegetation which exists or is established to protect
a stream system. Alteration of this natural area is strictly limited.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than one hundred twenty (120) square feet of area.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity which removes the vegetative surface cover through
disturbance of the root zone.
The deliberate appropriation of property by its owner for
general public use.
The temporary storage of storm runoff in a stormwater BMP
with the goals of controlling peak discharge rates. Extended detention
allows for storage and providing gravity settling of pollutants.
A person directing or participating in the direction of improvements
on or to land, including, but not limited to, the owner of the land,
a general contractor or a commercial agent engaged for such activity.
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. Development must meet the applicability requirements in Section 400.030.
The Code Enforcement Officer or designee.
A manmade structure or natural watercourse used for the conveyance
of stormwater runoff. Examples are channels, pipes, ditches, swales,
catch basins and street gutters.
A legal right granted by a landowner to a grantee allowing
the use of private land for conveyance or treatment of stormwater
runoff and access to stormwater practices.
A plan designed to minimize the loss of soil at a site during
construction activities, by implementation of practices that will
prevent accelerated runoff.
Excavation or fill of material, including the resulting condition
thereof.
Any material, including any substance, waste, or combination
thereof which, because of its quantity, concentration, or physical,
chemical, or infectious characteristics, may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any direct or indirect non-stormwater discharge to the storm
drain system, except as exempted by this Chapter.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system.
These include, but are not limited to, any conveyances that allow
any non-stormwater discharge, including sewage, process wastewater,
and wash water to enter the storm drain system and any connections
to the storm drain system from indoor drains and sinks, regardless
of whether the drain or connection had been previously allowed, permitted,
or approved by an authorized enforcement agency. The term "illicit
connections" also includes any drain or conveyance connected from
a commercial or industrial land use to the storm drain system which
has not been documented in plans, maps, or equivalent records and
approved by an authorized enforcement agency.
Those streams, rivers and lakes that currently do not meet
their designated use classification and associated water quality standards
under the Clean Water Act.
Includes those surfaces that cannot effectively infiltrate
rainfall (e.g., building rooftops, pavement, sidewalks, driveways,
etc.).
Any species that was present in the state prior to European
settlement or any plant identified as native or indigenous on lists
maintained by agencies such as the state department of conservation
or United States Department of Agriculture.
A National Pollutant Discharge Elimination System permit
issued to a commercial industry or group of industries that regulates
the pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
Land development that occurs within designated areas based
on local land use, watershed, or utility plans where the surrounding
area is generally developed, and where the site or area is vacant.
The process of percolating stormwater into the subsoil.
Any structure or device designed to infiltrate retained water
to the subsurface. These facilities may be above grade or below grade.
Those areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
An authorization for the permittee to develop land and conduct
activities in accordance with City ordinances and erosion and sediment
control practices outlined in an approved stormwater pollution prevention
plan.
Any activity that 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 that bares soil or rock or involves the diversion
or piping of any natural or manmade watercourse.
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 to the land.
A legally recorded document that acts as a property deed
restriction and that provides for long-term maintenance of stormwater
BMPs.
Any area greater than one thousand (1,000) square feet where
the vegetative ground cover is maintained at a uniform height of less
than five (5) inches.
A publicly owned facility by which stormwater is collected
or conveyed, including, but not limited to, any roads with drainage
systems, municipal streets, gutters, curbs, catch basins, inlets,
piped storm drains, pumping facilities, retention and detention basins,
natural and human-made or altered drainage ditches/channels, reservoirs,
and other drainage structures.
A permit issued by the state under authority delegated pursuant
to 33 U.S.C. § 1342(b) that authorizes the discharge of
pollutants to waters of the state, whether the permit is applicable
on an individual, group, or general area-wide basis.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, construction, subsurface
disposal and urban runoff sources.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
A stormwater control and treatment technique that uses natural
processes, restoration or enhancement of natural systems, or design
approaches to control runoff or reduce pollutant levels. Such measures
are used in lieu of or to supplement structural practices on a land
development site. Non-structural measures include, but are not limited
to, minimization or disconnection of impervious surfaces; development
design that reduces the rate and volume of runoff; creation, restoration
or enhancement of natural areas such as riparian areas, wetlands,
and forests; and on-lot practices such as rain barrels, cisterns,
and vegetated areas that intercept rainfall and surficial runoff.
A stormwater BMP located outside the subject property boundary
described in the permit application for land development activity.
A stormwater BMP located within the subject property boundary
described in the permit application for land development activity.
The owner of the freehold of the premises or lesser estate
therein, a mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee or other person, firm or corporation in
control of a piece of land. As used herein, the term "owner" also
refers to, in the appropriate context:
Any other person authorized to act as the agent for the owner;
Any person who submits a stormwater management concept or design
plan for approval or requests issuance of a permit, when required,
authorizing land development to commence; and
Any person responsible for complying with an approved stormwater
management design plan.
A barrier that prevents sediment from leaving a site either
by filtering sediment-laden runoff or diverting it to a sediment trap
or basin.
A stormwater best management practice (BMP) that will be
operational after the construction phase of a project and that is
designed to become a permanent part of the site for the purposes of
managing stormwater runoff.
Clearing a parcel of land in distinct phases, with the stabilization
of each phase before the clearing of the next.
Any discernible, confined and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal feeding
operation, or vessel or other floating craft, from which pollutants
are or may be discharged. Point source does not include agricultural
stormwater discharges and return flows from irrigated agriculture.
Anything that causes or contributes to pollution. Pollutants
may include, but are not limited to, paints, varnishes, and solvents;
oil and other automotive fluids; non-hazardous liquid and solid wastes
and yard wastes; refuse; rubbish, garbage, litter, or other discarded
or abandoned objects, ordinances, and accumulations, so that same
may cause or contribute to pollution; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
A licensed engineer who is registered with and authorized
to practice engineering in the state.
The body of water or conveyance into which stormwater runoff
is discharged.
The replenishment of underground water reserves.
A site that has previously been built on with structures
and/or impervious areas, and additional improvements are proposed,
or demolition of the existing improvements and new improvements are
proposed.
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity; or their legal representatives,
agents, or assigns that are named on a stormwater maintenance agreement
as responsible for long-term operation and maintenance of one (1)
or more stormwater BMPs.
The land adjacent to streams, rivers, and lakes that actively
interfaces with the water body through physical and chemical processes.
Riparian zones filter nutrients and sediments, increase stream bank
stability, and provide shade that reduces stream temperatures.
The total annual runoff volume reduced through canopy interception,
soil infiltration, evaporation, transpiration, rainfall harvesting
engineered infiltration or extended filtration.
Measures that prevent eroded sediment from leaving the site.
Areas containing features that are of critical importance
to the protection of ecological or environmental resources and include
bluffs, springs, and wetlands.
The use of practices that prevent exposed soil from eroding.
The first land-disturbing activity associated with a development,
including land preparation such as clearing, grading and filling;
installation of streets and walkways; excavation for basements, footings,
piers or foundations; erection of temporary forms; and installation
of accessory buildings such as garages.
An order issued that requires that all construction activity
on a site be stopped except as necessary to remedy the issues for
which the order was issued.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation (such as rain or snow),
and resulting from such precipitation.
All drainage facilities used for collecting and conducting
stormwater to, through and from drainage areas to the points of final
outlets, including, but not limited to, any and all of the following:
conduits and appurtenant features, canals, ditches, streams, flumes,
culverts, streets, gutters and pump stations.
The use of structural or non-structural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
peak flow discharge rates and detrimental changes in stream temperature
that affect water quality and habitat.
A narrative plan, usually required by a permit, to manage
stormwater associated with industrial, commercial, institutional,
or other land use activities, including construction. The term "SWPPP"
commonly describes and ensures the implementation of practices that
are to be used to reduce pollutants in stormwater and non-stormwater
discharges.
A stormwater BMP designed for an existing development site
that previously had either no stormwater BMP in place or a practice
inadequate to meet the stormwater management requirements of the site.
Flow on the surface of the ground resulting from precipitation.
Perennial and intermittent watercourses identified through
site inspection and United States Geological Survey (USGS) maps and
further defined as follows: solid blue lines on the United States
Geological Survey seven and one-half (7 1/2) minutes series topographical
map and have a drainage area of greater than fifty (50) acres, dashed
blue lines on the United States Geological Survey seven and one-half
(7 1/2) minutes series topographical map and have a drainage
area of greater than fifty (50) acres, and natural channels which
are not shown on the United States Geological Survey seven and one-half
(7 1/2) minutes series topographical map as either blue or dashed
blue lines but which have drainage areas of greater than fifty (50)
acres.
The storage needed to capture and treat ninety percent (90%)
of the runoff from a storm that produces the average annual stormwater
runoff volume.
A permanent or intermittent stream or other body of water,
either natural or manmade, which gathers or carries surface water.
A document, usually developed cooperatively by government
agencies and other stakeholders, to protect, restore, or otherwise
manage the water resources within a particular watershed or sub-watershed.
The plan commonly identifies threats, sources of impairment, institutional
issues, and technical and programmatic solutions or projects to protect
or restore water resources.
The entire geographical area drained by a river and its tributaries;
an area characterized by the conveyance of all runoff to the same
outlet.
