[Adopted by Ord. No. 10-30 (Ch. 156 of the 2000 Code)]
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.
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.
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.
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.
The City Engineer of the City or their designated representative.
[Amended 8-17-2023 by Ord. No. 23-21]
A professional engineer licensed in the State of Iowa to
practice in the field of civil works.
Part of a stormwater management facility designed to regulate
the stormwater runoff release rate.
The latest edition of SUDAS as approved by the City Council.
[Ord. No. 15-24]
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.
The improvement of land from its existing state or significant
alteration.
An area of land contributing to stormwater runoff.
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.).
The downward movement of water from the land surfaces into
the soil profile.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
The flow of water resulting from precipitation upon a surface
area, not absorbed by the soil or plant material.
The amount of stormwater runoff discharged from dominant
to subservient land.
An area designated to store excess stormwater.
Stormwater Pollution Prevention Plan.
Any stream, creek, reservoir, lake, pond, or natural or artificial
drainageway.
[1]
Editor's Note: This section was amended 3-23-2023 by Ord. No. 23-02 to delete the following
defined terms: 100-year-storm; Comprehensive Plan; first flush; five-year
storm; hydrograph; overflow system; post-development runoff; pre-development
runoff; and wetlands.
B.
Greater restrictions. Where conditions
imposed by any provision of this article are either more restrictive
or less restrictive than comparable conditions imposed by any other
provision of this article or any other law, ordinance, resolution,
rule or regulation of any kind, the regulations which are more restrictive
or which impose higher standards shall govern.
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.
The requirements of this article
apply to all development within the City.
B.
Stormwater detention basins intended
to serve single-family residential development shall be privately
owned and maintained unless approved otherwise by City Council.
[Amended 8-17-2023 by Ord. No. 23-22]
C.
Lots (other than single-family
lots) with an overall area of one acre or more shall provide on-site
stormwater detention. Such lots with an overall area less than one
acre and an impervious surface greater than 11,000 square feet (approximately
1/4 acre) shall comply with one of the following, as approved by the
City Engineer:
D.
At the discretion of the City
Engineer, subject to approval by City Council, if a detention basin
serves other than single-family zoning districts and can provide stormwater
attenuation for a substantial drainage area, the facilities may be
publicly owned and maintained.
[Amended 8-17-2023 by Ord. No. 23-22]
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.
A.
For purposes of obtaining approval
of a stormwater management plan, an Iowa licensed professional engineer,
certified inspector of sediment and erosion control, or landscape
architect shall design stormwater drainage facilities in conformance
with SUDAS. Stormwater drainage facilities shall be designed with
appropriate BMP's such as detention and retention basins, grass swales,
buffer strips, bio-retention and other similar types of infiltration
basins and riparian areas, that will convey drainage through the property
to one or more treatment areas such that no development shall cause
downstream property owners, watercourses, channels or conduits to
receive stormwater runoff from the proposed development site at a
peak flow greater than that allowed by the standards in effect at
the time of approval of the development.
[Ord. No. 15-24]
B.
In order to ensure that the stormwater
drainage facilities are constructed in accordance with the approved
design, the property owner or applicant shall provide to the City
an as-built plan detailing dimensions and elevations as well as certification
that the approved facilities were installed and properly working.
The as-built plan shall be completed by an Iowa licensed professional
engineer, surveyor, or landscape architect and submitted to the City
prior to the acceptance of any improvements or issuance of a certificate
of occupancy. At the discretion of the City, a property owner or applicant
may satisfy the SWMP requirements by ensuring the conveyance of stormwater
discharge from the property to a regional public detention facility.
C.
The stormwater management plan,
including on-site stormwater detention facilities, shall be reviewed
for the purpose of completing review of plans by the City Engineer
prior to issuance of foundation permits, or building permits for the
site. The improvements shall be constructed prior to the issuance
of final certificates of occupancy. The requirements of this subsection
may be deferred at the discretion of the City Engineer.
D.
For sites on which privately
owned and maintained stormwater detention and/or conveyance facilities
are located, the property owner shall be responsible for the following:
(1)
All future grading, repairs,
and maintenance.
(2)
Maintenance of the minimum
stormwater detention volume, as approved by the City Engineer.
(3)
Maintenance of the detention
basin control structure(s) and discharge pipe(s) to insure the maximum
theoretical stormwater release rate, as reviewed by the City Engineer,
is not increased.
(4)
Any and all other requirements
or responsibilities detailed in any stormwater maintenance covenant
and permanent easement agreement or any other agreement, easement
or contract binding upon the property.
[Added 8-17-2023 by Ord.
No. 23-22]
E.
The property owner shall place
no fill material, or erect any buildings, obstructions, or other improvements
on the area reserved for stormwater detention purposes, unless otherwise
approved by the City Engineer.
F.
The property owner shall, when
required by the City Engineer, dedicate to the City, by instrument
or final platting, any property on which public stormwater detention
basins will be located. Ingress-egress easements for maintenance of
public facilities shall be provided prior to final site approval.
Paved surface to basin is required if basin is not located adjacent
to a public road.
G.
All public storm sewers shall
be dedicated to the City.
H.
Upon determination that a site
is not in compliance with the SWMP and/or DNR regulations, the City
Engineer may issue an order to comply. The order shall describe the
problem and specify a date whereby the work must be completed, and
indicate the penalties to be assessed for further noncompliance.
I.
Except as provided in this article,
no person shall engage in construction of stormwater management facilities,
unless a stormwater management plan has been reviewed and approved
by the City Engineer.
K.
It is the intent of this section that review of the stormwater drainage system be carried out simultaneously with the review of the request for a building permit. The site plan required under this article may be submitted in a form which will satisfy the site plan requirements set forth in Chapter 126, Article I, Building Code, and Chapter 340, Zoning.
L.
Before starting on construction
regulated by this article, the applicant shall comply with the requirements
set forth in other applicable ordinances with respect to submission
and approval of subdivision plats, plans of improvements, building
permits, inspections, appeals and similar matters, as well as requirements
of state statutes and the regulations of any department of the State
of Iowa.
M.
At the direction of the City
Council, during times of flooding or excessive stormwater runoff,
open loop geothermal heating/cooling system discharge may be required
to be diverted or discontinued from storm sewer or surface water drainage
systems.
N.
At the direction of the City
Council, open loop geothermal heating/cooling systems may be required
to be modified to include a well reinjection system.
A.
Higher release rate. The City
Engineer may permit a higher stormwater runoff release rate from a
development than set forth in the Master Drainage Plan and/or Design
Standards Manual, provided the City Engineer determines that the proposed
stormwater runoff release rate:
[Amended 3-23-2023 by Ord. No. 23-02]
(1)
Will not adversely affect
properties in the downstream portion of the drainage system.
(2)
Will not adversely affect
the drainage system or any watercourse.
(3)
Will not adversely affect
the environment.
(4)
Will not be contrary to the
goal and general objectives of this article and will not adversely
affect the public health, safety, and welfare.
B.
Waiver to City Engineer. An applicant
may request a waiver from the requirements of this article and/or
the Design Standards Manual by submitting an application in writing
to the City Engineer. This application shall identify the name of
the developer and/or owner of the property, a description and drawing
of the proposed development, the location of the proposed development
and any other information requested by the City Engineer that is reasonably
necessary to evaluate the proposed development. The City Engineer
may grant a waiver if they determine that as a result of the waiver
of the development:
[Amended 3-23-2023 by Ord. No. 23-02; 8-17-2023 by Ord. No. 23-21]
(1)
It is not likely to adversely
affect other properties.
(2)
It is not likely to adversely
affect the drainage system or any watercourse.
(3)
It is not likely to adversely
affect the environment.
(4)
It is not likely to be contrary
to the goal and general objectives of this article and the public
health, safety and welfare.
(5)
There are practical difficulties
or unnecessary hardships in carrying out the strict letter of this
article.
(6)
The effect of the application
of this article would be arbitrary and unreasonable in this specific
case.
C.
Appeals to Building Board of Appeals. Any person affected by a decision of the City Engineer given in connection with the administration or enforcement of this article may request and shall be granted a hearing on the matter before the Building Board of Appeals. All requests for such hearing shall be made in writing and shall contain the information set forth in Subsection B of this section, plus such other information as may be required by the Building Board of Appeals. In addition, the Building Board of Appeals may request other information that is reasonably necessary to evaluate the request for appeal.
(2)
The applicant shall be notified
in writing of the time and place of the meeting at least four days
prior to the meeting. At the meeting, the applicant and the City Engineer
shall be given an opportunity to be heard and to show cause why any
decision should be sustained, modified, withdrawn, or variance granted.
(3)
The Building Board of Appeals
by a majority vote may sustain, modify, withdraw, or grant a waiver
or variance on any decision of the City Engineer that is appealed.
(4)
The rules of procedure of
the Building Board of Appeals shall govern the conduct of the meeting.
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.
A.
The City Engineer, or their authorized
representatives, shall establish and maintain a stormwater inspection
schedule that includes but is not limited to:
[Amended 8-17-2023 by Ord. No. 23-21]
(1)
Routine inspections.
(2)
Random inspections.
(3)
Inspections based upon public
complaint.
(4)
Inspections based upon notice
of possible violations.
(5)
Inspection of areas identified
as having a higher than typical detention requirement for sediment
or pollutant exposure, such as construction sites, detention and retention
basins.
(6)
Inspections of businesses
or industries of a type associated with discharges that begin to discharge
above acceptable tolerance limits set by local, state or federal water
or sediment quality standards, or the National Pollutant Discharge
Elimination System (NPDES) Phase II stormwater permit and the Clean
Air Act.
(7)
Joint inspections with other
agencies inspecting per environmental or safety regulations as deemed
necessary.
B.
Inspections may include, but
are not limited to the following:
(1)
Evaluating the condition
and current need for maintenance of stormwater control features such
as inlets, manholes, piping, detention and retention basins.
(2)
Sampling discharges, surface
water, groundwater, sediment material or standing water in drainage
control facilities as deemed necessary.
(3)
Reviewing maintenance and
repair records of stormwater facilities.
(4)
Verification that stormwater
facilities approved during construction plan review, such as detention
basins, retention basins, piping and inlets, are present and in good
condition.
A.
Owner responsibility. The owner
shall be responsible for all stormwater drainage facilities not officially
dedicated and accepted by the City. Said responsibility may be delegated
and costs allocated to benefitted property owners through a stormwater
maintenance covenant and permanent easement agreement or any other
agreement, easement or contract binding upon the property.
[Amended 8-17-2023 by Ord. No. 23-22]
(1)
The City shall notify the
owner of a stormwater drainage facility of the existence of a maintenance
problem when the City has received a verified complaint or a field
inspection report.
(2)
If, after notice and a reasonable
time, the owner fails to properly maintain the stormwater drainage
facility, the City may institute legal action to abate or enjoin the
violation. The City may also authorize City employees to enter the
stormwater drainage facility to make it fully operative pursuant to
City and state statute. The property owner may bear the costs of such
action.
(3)
Said responsibility may be
delegated and costs allocated to property owners within the subdivision
in which the stormwater drainage facility is located through a stormwater
maintenance covenant and permanent easement agreement or any other
agreement, easement or contract binding upon the property. In such
case, the City shall provide notice and take any remedial or enforcement
action as is provided in said agreement.
B.
City responsibility. The City
shall be responsible for maintenance of land and stormwater drainage
facilities dedicated to the City. The City may provide maintenance
for stormwater storage areas serving more than one lot which have
not been dedicated to the City. Such maintenance shall be subject
to negotiation with the owner.
A.
Intent. It is the intent of this
section to achieve the objectives of this article by:
(1)
Assuring compliance with
the Master Drainage Plan and Design Standards Manual in terms of stormwater
runoff flow rates, thereby protecting downstream properties.
[Amended 3-23-2023 by Ord. No. 23-02]
(2)
Promoting equity in terms
of the financial responsibility of owners developing either upstream
or downstream properties.
B.
Owner's responsibilities. The
owner and/or developer shall be responsible for:
(1)
Installation of all stormwater
drainage facilities.
(2)
Purchase of all storm sewer
pipe and their construction materials.
(3)
Design of all stormwater
drainage facilities in accordance with the Master Drainage Plan and
Design Standards Manual.
[Amended 3-23-2023 by Ord. No. 23-02]
(4)
Construction of all stormwater
storage areas, channels, swales, culverts, ditches, streets, and pumping
stations and similar facilities.
(5)
Payment of drainage fee at
time of final plat.
(6)
Acquisition of all applicable
permits and submittal of said permits to the City for review.
(7)
Reconstruction of all downstream
stormwater drainage facilities determined to have inadequate capacity
as affected by increased water flow due to open loop geothermal heating/cooling
systems discharge.
(8)
Payment of application review
fees set by City Council resolution at time of open loop geothermal
heating/cooling system project site plan submittal.
(9)
If necessary, execution of
a stormwater maintenance covenant and permanent easement agreement
and any other document or documents required by the City's Stormwater
Basin Dedication and Maintenance Policy.
[Added 8-17-2023 by Ord.
No. 23-22]
C.
City's responsibilities. The
City shall be responsible for:
(1)
Payment to the owner or developer of the difference in actual purchase price between all pipes larger than 36 inches in size to be installed in a development and the cost of a thirty-six-inch pipe of the same material. The cost of installing the pipe is exclusively the responsibility of the owner or developer. Notwithstanding Subsection E of this section, the owner shall be completely responsible for materials and construction of bridges and culverts on streets not designated in the transportation plan, unless the Council directly requires the extension on a non-major street across a drainageway necessitating the installation of a bridge or culvert, in which case the City financial responsibility shall be for the additional costs associated with the bridge or culvert but only to the extent that the costs exceed the costs of normal construction that would normally be borne by the owner.
(2)
Purchase of land designated
for approved City-owned stormwater storage areas. The land purchase
price shall be established by independent appraisal of the fair market
value of the subject parcel. The appraisal shall be obtained by the
City and the cost of this appraisal shall be borne by the City.
(a)
In the event of a dispute
between the owner and the City as to the value of the property, a
second independent appraisal shall be obtained. Both the owner and
the City shall have the opportunity to present evidence of this appraisal.
The decision of this appraiser shall be considered the final administrative
act within the City. The cost of this appraisal shall be borne equally
by the owner and the City.
(b)
To qualify for City acquisition,
stormwater storage areas shall:
D.
Drainage fee. The owner of all
new subdivision final plats and all new planned development final
development plans shall pay a stormwater management fee prior to Council
consideration of such final plat or final development plan. Such fee
shall be established by resolution of the Council.
(1)
Such money shall be placed in a special fund to be used for the purpose of financing the City's responsibilities set forth in Subsection C of this section.
(2)
Single-family residential
subdivisions containing two lots or less are exempt from the drainage
fee, provided the lots created by such subdivision are one acre or
more in size.
E.
Shared responsibilities. The
owner and the City shall share financial responsibility in the following
instances:
(1)
Bridges and culverts. The
City shall be responsible for purchasing the materials for bridges
and culverts needed as part of major streets as designated in the
Transportation Plan. The owner shall be responsible for construction
and installation of bridges and culverts. The owner shall be completely
responsible for bridges and culverts on streets not designated in
the Transportation Plan.
(2)
Channels. The use of open
channels with or without improvements is available to developers.
Cost participation by the City is subject to negotiation between the
developer and the City at the time of platting.[1]
[1]
Editor's Note: Former § 153.12, Subsection 6, of
the 2003 Code, which previously followed this subsection, was repealed
by Ord. No. 11-04.
A.
New construction. All new construction
of a principal use on a lot shall provide for connection of sump water
discharge to a dedicated City drain tile or storm sewer whenever such
drain tile or storm sewer is located immediately adjacent to such
lot or located within 25 feet thereof in the public right-of-way or
a drainage easement.
B.
Existing development. Upon determination
that a nuisance exists, the City Engineer is authorized to require
a property owner to connect a sump water discharge hose or other device
for stormwater runoff to a dedicated City drain tile or storm sewer
system, or surface drainageway or slope, provided such drain tile
or storm sewer is located immediately adjacent to or located within
25 feet thereof, in the public right-of-way or a drainage easement,
of the property causing the nuisance.
[Amended 3-23-2023 by Ord. No. 23-02]
A.
This article does not imply that
site development will be free from stormwater damage, nor shall it
create liability on the part of the City for damages caused by unanticipated
storms or storm sequences.
B.
It is not intended that this
article repeal, abrogate, or impair any statutory provision, administrative
regulation, common law right, existing easement, express or implied,
covenant or deed restriction controlling stormwater. When this article
imposes greater restrictions, however, the provisions of this article
shall prevail.
C.
Responsibility. The failure of
City officials to observe or foresee hazardous or unsightly conditions,
or impose other or additional conditions or requirements, or to deny
or revoke permits or approvals, or to stop work in violation of this
article shall not relieve the property owners of the consequences
of their actions or inactions or result in the City, its officers
or agents being liable therefor or on account thereof. Notwithstanding
any provisions of this article, every applicant bears final and complete
responsibility for compliance with the NPDES General Permit #2 and
any other requirements of state or federal law or administrative rule.
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:
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.
