[Ord. No. 3025, 8-7-2018]
The Director may promulgate rules governing the issuance of
the permits required by this Section and may produce forms to effectuate
the intent of this Article.
[Ord. No. 3025, 8-7-2018]
A. Authorization To Discharge To MS4. If runoff from a land development
will flow to a municipal separate storm sewer system (MS4) or other
publicly owned storm sewer system, then the applicant shall obtain
authorization from the system's owner to discharge into the system.
The applicant must demonstrate that the system has adequate capacity
for any increases in peak flow rates and volumes.
B. Permit Required. No stormwater drainage facility shall be constructed,
altered or reconstructed without a stormwater discharge permit. To
obtain a permit, the application form provided by the City shall be
completed and plans must be submitted for review and approval of the
Director. All such construction shall comply with the general requirements
and design procedures, as set forth in this Article, and the criteria
of the City stormwater design manual.
C. Stormwater Management Plan Approval Prior To Permit Issuance. Prior to the issuance by the City a permit for any type of construction on land greater than one (1) acre, the property owner, the developer or their agent shall have a stormwater management plan approved by the City in accordance with Article
II of this Chapter
420. The property owner, developer or their agent shall, at his/her own expense, submit necessary plans, designs and specifications to the City for review and approval. This plan shall:
1.
Include a pre- and post-development hydrologic analysis of the
site.
2.
Identify pollutants of concern for each area of the site.
3.
Identify pollution prevention measures.
4.
Identify controls that provide treatment and reduce stormwater
volumes and velocities.
5.
Identify any environmentally sensitive areas and provide a plan
for protection of these areas per this Article.
6.
Identify low-impact development opportunities that can best
mimic the natural hydrology of the site and filter pollutants from
the runoff.
7.
Provide for long-term operation and maintenance of controls.
D. Provisions To Waive Plan Requirement. Provisions of this Section
for plan requirement shall be waived, provided no land is disturbed
and no trees, shrubs, grass or vegetation is destroyed or removed
for construction, reconstruction, repair or alteration of any building,
provided the improvement does not alter or increase the flow of water.
E. Features To Be Shown On Plan. The post-construction stormwater management
plan shall show the location of any environmentally sensitive features,
the sensitive feature's drainage area, or portions of such items,
along with ground contours, a hydrologic analysis of the drainage
area and significant physical features on the property, and detailed
information on the work to be performed in or near the sensitive area.
Upon review of the information presented by the applicant, the site,
and such other information as may be available, the director may issue
a permit for work to be performed in or near the sensitive area. All
work shall be performed in accordance with the permit. The Director
may designate certain areas where grading or construction equipment
is not permitted or is otherwise limited.
[Ord. No. 3025, 8-7-2018]
A. Applicability. No clearing, grading, borrowing or filling of land
resulting in a land disturbance greater than one (1) acre shall commence
prior to obtaining a land disturbance permit. All such work shall
also comply with an approved erosion and sediment control plan in
conjunction with an approved site development plan.
B. Individual Lots Not Separate Land Development. Residential, commercial
or industrial developments shall apply these stormwater management
criteria to land development as a whole. Individual residential lots
in new subdivisions shall not be considered separate land development
projects, but rather the entire subdivision shall be considered a
single land development project.
C. Expiration. Every approval under this Section for clearing, grading, borrowing or filling of land shall expire within two (2) years from the date of issuance. This permit may be renewed for up to two (2) years by submitting a written request for an extension to the Director with the appropriate fee as listed in Section
420.450.
[Ord. No. 3025, 8-7-2018]
A. Performance Bond Or Guarantee Required. No land disturbance permits
shall be issued unless the applicant furnishes a performance bond
or guarantee in the amount of one thousand dollars ($1,000.00) per
acre of disturbance. This is to ensure that action can be taken by
the City, at the applicant's expense, should the applicant fail to
install or maintain those measures identified in the approved stormwater
management construction plan and erosion and sediment control plan
in order to control the discharge of pollutants from the site and
maintain public safety.
B. Form. The form of security must be in the following form: The first
five hundred dollars ($500.00) must be cash deposit to the City. The
remaining may be in the form of cash deposit, letter of credit, or
a bond.
C. Action On Security. Action on the security will only be taken after the property owner has been given a notice of violation and has not addressed the issue within the time specified by the City Stormwater Committee. If the City takes such action upon such failure by the applicant, the City shall collect from the applicant the difference should the amount of reasonable cost of such action exceed the amount of the security held. This requirement is in addition to any performance bond or guarantee required under Chapter
405, Subdivision Regulations, of this Code. Costs of erosion and sediment control measures shall not be included in the calculation of cost for the subdivision bond. However, the performance bond or guarantee may be combined with that required under Chapter
405.
D. Term Of Performance Bond Or Guarantee. The performance bond or guarantee
furnished pursuant to this Section, or the unexpended or unobligated
portion thereof, shall be returned to the applicant within sixty (60)
days of the closure of the land disturbance permit by the City. Closure
will only occur after turf is established and temporary erosion control
measures have been removed.
E. Term Extended For Initial Maintenance. At the discretion of the City,
the performance bond or guarantee may be extended beyond the time
period specified above to cover a reasonable period of time for testing
the practices during storm events and for initial maintenance activities.
For the purposes of this Section, the time shall not exceed two (2)
years.
F. Partial Release Of Bond. The City shall have the discretion to adopt
provisions for a partial pro-rata release of the performance bond
or guarantee on the completion of various stages or phases of development.
[Ord. No. 3025, 8-7-2018]
Each developer/owner seeking a land disturbance or stormwater
discharge permit shall pay a fee, upon submittal of the plans, in
the amount provided in the City fee schedule.
[Ord. No. 3025, 8-7-2018]
A. The City May Periodically Inspect Development Sites. Through such
periodic inspections, the City shall ensure that the stormwater pollution
prevention plan (SWPPP) is properly implemented and any necessary
amendments thereto made in order to protect the environment and the
public's health, safety and welfare. The erosion and sediment control
measures for the site must be maintained by the developer until the
site is stabilized.
B. The permittee shall notify the City at least two (2) working days
before the start of site clearing.
C. The permittee or his/her agent shall make regular inspections of
all control measures in accordance with the inspection schedule outlined
on the approved erosion and sediment control plans or in the stormwater
pollution prevention plan (SWPPP). The purpose of such inspections
will be to determine the overall effectiveness of the control plan
and the need for additional control measures or maintenance of existing
measures. All inspections shall be documented in written form and
kept readily on site.