(A) Purpose. Land development projects and associated increases in impervious cover alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition; Stormwater runoff contributes to increased quantities of water-borne pollutants. Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from development sites. The purpose of this chapter is to establish minimum post stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within the City of Bardstown. The goal is to maintain or improve the quality of all streams within the Municipal Separate Storm Sewer System (MS4) boundaries and corporate limits, to meet their designated use. This chapter seeks to meet that purpose through the following objectives:
(1) Minimize increases in stormwater runoff from any development in order to reduce flooding, siltation and streambank erosion and maintain the integrity of stream channels;
(2) Minimize increases in nonpoint source pollution caused by stormwater runoff from development which would otherwise degrade local water quality;
(3) Minimize the total annual volume of surface water runoff which flows from any specific site during and following development to not exceed the pre-development hydrologic regime to the maximum extent practicable; and
(4) Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management controls and to ensure that these management controls are properly maintained and pose no threat to public safety.
(B) General.
(1) (a) Depositing of material in public or private systems. It shall be unlawful for any person to do, or fail to do when required, the following: anything that covers, alters, redirects, obstructs, impairs or encroaches in a drainage system, whether it be in the public right-of-way, or within a drainage easement on private property. This includes the construction of any building, shed, fence, pool, landscaping berm, trees, or depositing of any yard debris, fill material, pollutants, sewage, solid waste, dumping of concrete, etc. or excavate without a permit. Actions that can cause flooding, ponding, excess erosion or sedimentation that result in property damage, or otherwise cause a health or safety risk to the public are in violation of the rules and regulations established in this section. Such areas that this applies are as follows:
1. Right-of-way ditches;
2. Street curb and gutter;
3. Drainage swales;
4. Open ditches;
5. Stormwater inlets, manholes, and catch basins;
6. Stormwater management facilities such as detention ponds and water quality BMPs;
7. Natural streams, creeks, rivers, ponds, lakes, and the like.
(b) See also the ordinance for streets, curbs and sidewalks, § 96.15 for additional regulations and restrictions on obstructing natural or constructed drainage facilities.
(2) Grading/regrading private property. It shall be unlawful for any person to, or direct another person to, grade or regrade any private property in such a manner as to obstruct, divert, or impede the natural flow of stormwater across said person’s property or adjoining properties. Within residential neighborhoods, a drainage swale within the designated general utility easement along the side and rear property lines should be utilized when applicable to promote the positive drainage of stormwater runoff without adversely impacting adjoining properties.
(3) Construction of private storm sewer systems. All private storm sewer systems shall be in place, operational, and certified by a licensed professional engineer prior to receiving certificate of occupancy. It shall be unlawful for any person to refuse to construct any part of a private storm sewer system that has been approved and permitted as part of a development or site plan, without approval in advance by the City Civil Engineer. Any changes to the approved and permitted plans must be resubmitted for review.
(C) Post-construction stormwater management plan (PC-SWMP).
(1) A post-construction stormwater management plan (PC-SWMP) shall be submitted for all subdivisions that discharge to MS4 high quality waters. This includes residential, commercial, and industrial developments. The PC-SWMP is required for all sites one acre and larger in size, and all sites part of a greater common development.
(2) The city reserves the right to develop or adopt other guidance documents to serve as design and implementation standards. Other guidance documents distributed by the city should be reviewed and considered when preparing the PC- SWMP. These documents may be applied as standards by which designs are to be prepared and controls implemented.
(3) The city shall have the authority to implement this chapter by appropriate regulations, guidance or other related materials. In this regard, technical, administrative, or procedural matters may be modified as needed to meet the objectives herein.
(Ord. B2011-19, passed 9-27-11) Penalty, see § 156.99