The goal of this article is to provide comprehensive management
and control of stormwater runoff in an environmentally sound, safe
and economical manner such that only minor inconvenience is experienced
by the people and property within the City and its two-mile extraterritorial
jurisdiction.
Unless specifically defined below, words or phrases used in this article shall be defined in accordance with the definitions in Chapter
163, Flood Damage Prevention, and of Chapter
284, Subdivision of Land. Words or phrases not defined below or in said chapters shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.
BMP or BEST MANAGEMENT PRACTICE
A practice or combination of practices that are the most
effective and practicable (including technological, economic and institutional
considerations) means of controlling point or nonpoint source pollutants
at levels compatible with environmental quality goals.
CAPACITY (OF A STORMWATER FACILITY)
The maximum volume or rate of conveyance available in a stormwater
management facility, including freeboard, to store or convey stormwater
without damage to public or private property.
CHANNEL
A natural or man-made open watercourse with definite bed
and banks which periodically or continuously contains moving water;
or which forms a link between two bodies of water.
CITY ENGINEER
The City Engineer of the City or their designated representative.
[Amended 8-17-2023 by Ord. No. 23-21]
CIVIL ENGINEER
A professional engineer licensed in the State of Iowa to
practice in the field of civil works.
CONTROL STRUCTURE
Part of a stormwater management facility designed to regulate
the stormwater runoff release rate.
DETENTION BASIN
A stormwater management facility designed, constructed or
modified to provide short-term storage of stormwater runoff, which
reduces the peak overflow to a rate less than the peak inflow.
DEVELOPMENT
The improvement of land from its existing state or significant
alteration.
DRAINAGE SYSTEM
The surface and subsurface system for the removal of water
from land, including both natural elements (streams, ponds, etc.)
and man-made elements (ditches, channels, storm sewers, etc.).
INFILTRATION
The downward movement of water from the land surfaces into
the soil profile.
INFILTRATION BASIN
A type of best management practice (BMP) that is used to
manage stormwater runoff, prevent flooding and downstream erosion,
and improve water quality in an adjacent river, stream, lake or bay.
It is essentially a shallow artificial pond that is designed to infiltrate
stormwater through permeable soils into the groundwater aquifer. Infiltration
basins do not discharge to a surface water body under most storm conditions,
but are designed with overflow structures (pipes, weirs, etc.) that
operate during flood conditions.
OPEN LOOP GEOTHERMAL HEATING/COOLING SYSTEM
A heating/cooling system where water is extracted from a
pond, lake, or well, circulated through a heat pump unit where the
heat is extracted, then the water is discharged to a storm sewer or
surface water drainage system. For the purpose of this article, open
loop geothermal heating/cooling systems using well re-injection do
not apply.
RETENTION BASIN
A stormwater management facility designed, constructed or
modified to provide long-term storage of stormwater runoff, which
reduces the peak outflow during a specific rainfall event. This facility
is typically designed to maintain a specific water elevation (privately
owned).
RIPARIAN AREA
A vegetated ecosystem along a water body through which energy,
materials and water pass. Riparian areas characteristically have a
high water table and are subject to periodic flooding.
SITE
A lot, parcel, or tract of land, or portion thereof, where
development is occurring, or has occurred, and may, or may not, require
additional permits.
STORM SEWER SYSTEM
Facilities for the conveyance of stormwater runoff, typically
a series of conduits and appurtenances, to accommodate frequent storms,
not generating large peak discharges. These facilities usually include
conduits, street gutters and small swales.
STORMWATER DRAINAGE SYSTEM
All man-made facilities and structures and all natural watercourses
that are owned by the City, or that are within a drainage easement
owned by the City, and that are used for collection, storage, treatment,
and conveyances of stormwater from any area, through any area. This
includes without limitation all stormwater facilities, canals, creeks,
curb and gutter, dams, ditches, floodwalls, flumes, gulches, gullies,
levees, ravines, siphons, streams and swales. For the purpose of illicit
discharge regulation, any discharge to an area tributary to the stormwater
drainage system shall be treated as a discharge to the stormwater
drainage system.
STORMWATER FACILITIES
Anything built or used for the control of stormwater, including
without limitation catch basins, channels, culverts, detention basins,
energy dissipation structures, inlets, manholes, outlets, pipes and
other conduits, retention basins, and roadways and gutters.
STORMWATER MANAGEMENT PLAN or SWMP
A site plan, certified by a civil engineer, landscape architect,
or certified inspector of sediment and erosion control, including
materials, construction phasing, grading activities, and methods used
for mitigation of increased stormwater runoff from the site under
the requirements set forth in the Design Standards Manual.
STORMWATER POLLUTION PREVENTION PLAN
A document conforming to the requirements therefor contained
in General Permit No. 2 and this article, prepared and certified by
a design professional as defined herein.
STORMWATER RUNOFF
The flow of water resulting from precipitation upon a surface
area, not absorbed by the soil or plant material.
SWPPP
Stormwater Pollution Prevention Plan.
WATERCOURSE
Any stream, creek, reservoir, lake, pond, or natural or artificial
drainageway.
The following are exempt from the requirements of this article:
A. Agricultural use of land.
B. Emergencies posing an immediate
danger to life or property, or substantial flood or fire hazards.
C. Land within floodplain areas
as designated in the Federal Emergency Management Agency maps in effect
at the time of development, except when associated with discharge
sites related to open loop geothermal heating/cooling systems.
D. Areas deemed appropriate by the
City Engineer.
A site plan containing information regarding stormwater drainage
facilities set forth in this article must be submitted and approved
by the City Engineer before any person may:
A. Receive a building permit for
new construction or relocation of a principal or accessory use or
enlargement or extension of an existing use.
B. Reroute, deepen, narrow, enlarge,
fill or in any way alter an existing stormwater drainage system.
C. Pave a parking lot containing
four or more parking spaces with hot mix asphalt (HMA) or portland
cement concrete (PCC).
D. Install an open loop geothermal
heating/cooling system.
Stormwater drainage facilities may not outlet onto adjacent
property unless downstream land has adequate means to convey runoff
and erosion control measures are taken to assure compliance with City
and state erosion control regulations. Erosion resulting from such
outlet may not exceed soil erosion limits established by state law.
Any person who engages in development of a site within the area
of jurisdiction of this article before meeting the requirements of
this article shall be subject to one or more of the following:
A. The standard penalty as provided in §
1-6, Standard penalty, of this Code of Ordinances or may be cited for a municipal infraction under Chapter
55, Article
I, Municipal Infractions, of this Code of Ordinances or may be subject to any other remedy allowed by law.
B. No foundation permits or building
permits shall be issued for the property in question until the violations
are corrected.
C. No permanent certificates of
occupancy shall be issued for property in question until the violations
are corrected. Any existing certificate of occupancy may be rescinded.
D. In the interpretation and application
of this article, the provisions expressed herein shall be held to
be the minimum requirements and shall be liberally constructed in
favor of the City consistent with the purposes and guiding principles
of this article.
(1) Whenever the City Engineer finds such a nuisance exists, the City Engineer shall cause notice to be served on the owner of the property causing the nuisance in the same manner as provided in Chapter
223, Nuisance Abatement, of this Code of Ordinances.
(2) In the event the person neglects or fails to abate the nuisance as directed by the City Engineer, the City may cause the nuisance to be abated as provided in Chapter
223, Nuisance Abatement. The City Engineer may also choose to institute proceedings under civil enforcement as provided in this Code of Ordinances or municipal infractions as provided in Chapter
55, Article
I, Municipal Infractions, of this Code of Ordinances.
(3) Any person ordered to abate a nuisance may have a hearing and appeal as provided under Chapter
223, Nuisance Abatement, of this Code of Ordinances.