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(A) Inspection. Whenever the Enforcement Agency of the City of Berea has cause to believe that there exists, or potentially exists, any condition which constitutes a violation of this section, the Enforcement Agency of the City of Berea may enter the suspect property, MS4, community waters and waters of the Commonwealth at all reasonable times to inspect the same. If it is determined an illicit discharge emanates from private premises, the owner or operator of the premises will be notified in accordance with the provisions of this section. Copies of records of stormwater compliance shall be provided to the Enforcement Agency of the City of Berea.
(B) Sampling devices and testing. During any inspection as provided herein, the Enforcement Agency of the City of Berea may take any samples and perform any testing deemed necessary, including long-term monitoring, to aid in the pursuit of the inquiry or to record site activities. The cost of all testing may be passed on to the owner or operator of the premises where the illicit discharge emanates.
(Ord. No. 24-14, § 1, 12-16-14)
ARTICLE III. EROSION PREVENTION AND SEDIMENT CONTROL
The requirements set forth in this section are intended to protect the general health, safety, and welfare of the citizens of Berea, and more specifically are intended to:
(A) Conserve, preserve, and enhance the natural resources of Berea, including its soils, waters, vegetation, fish and wildlife;
(B) Control soil erosion and sedimentation arising from development and other land disturbing activities (e.g., clearing and grading), to prevent adverse impacts and offsite degradation, including short-term and long-term damage to public and private property within the city limits of Berea; and
(C) Control waste from construction site operators that may cause adverse impacts to water quality.
(Ord. No. 24-14, § 1, 12-16-14)
Land Disturbance Permits (LDP) are required for all site construction projects and/or land disturbance activities, depending on the amount of disturbed areas.
(A) The Land Disturbance Permit alone does not authorize or grant permission to begin development or redevelopment on the property. It does not supersede other permits required by the city, state or federal government.
(B) Project site owners shall submit an application for an LDP on forms provided by the city.
(C) Applications for a Land Disturbance Permit shall be submitted to the city and must include a:
(1) Completed application request;
(2) Notice of Intent (NOI), with proof of public notice;
(3) A perimeter control plan (PCP) and Erosion Protection and Sediment Control Plan (EPSC);
(4) Storm Water Pollution Prevention Plan (SWPPP);
(5) Post-Construction Stormwater Pollution Prevention Plan;
(6) Any required maintenance agreement; and
(7) Any other necessary information or documentation requested by the city.
(D) The PCP is a component of the Erosion Protection and Sediment Control Plan (EPSC). While both plans may be approved simultaneously, the provisions of a PCP shall be implemented, inspected and accepted by the city before any other construction proceeds.
(E) The landowner must notify the city and the Kentucky Division of Water (KDOW) within seven (7) days prior to the commencement of construction activities through the submittal of an updated NOI.
(F) Upon completion of construction activities, stabilization of the project site and removal of all temporary erosion protection and sediment control measures, the applicant shall submit a Notice of Termination (NOT) as required by the KDOW. The city, or its designated representative, shall inspect the project site to verify that the requirements of the NOT have been met.
(G) The city reserves the right to require a checklist of necessary items to be completed and included with the Land Disturbance Permit application submittal. Upon submittal, the LDP application shall be rejected in its entirety should any item on the checklist be incomplete.
(H) The city reserves the right to collect fees associated with LDP application, plan review, and inspections from the applicant.
(Ord. No. 24-14, § 1, 12-16-14)
The following activities are exempt from the provisions of this chapter:
(A) Clearing or grading activities that are subject exclusively to state approval and enforcement understate law and regulations.
(B) Emergencies posing an immediate danger to life or property, substantial flood or fire hazards, or natural resources.
(C) Underground utility repairs in paved areas, home gardens, minor repairs, maintenance work, sign, telephone, and electric poles and other kinds of posts or poles.
(D) Agricultural operations required to adopt and implement an individual agricultural water quality plan pursuant to the requirements set forth in the Kentucky Agriculture Water Quality Act (KRS Ch. 224).
(E) Usual operations required to adopt and implement an individual agricultural water quality plan pursuant to the requirements set forth in the Kentucky Agriculture Water Quality Act (KRS Ch. 224).
(F) Building improvements on existing residential dwellings (garages, additions, porches, and the like).
(Ord. No. 24-14, § 1, 12-16-14)
(A) Any activity disturbing one (1) or more acres of soil is subject to the provisions of this section and shall not take place without an authorized land disturbance permit.
(B) Land disturbance activity less than one (1) acre on individual lot(s) or parcel(s) that are part of a larger common plan of development that disturbs one (1) acre or more of soil, and currently covered by KPDES NOI, is not exempt from this section or Land Disturbance Permit. In this situation, the landowner and/or developer of the larger development, and the individual lot owner(s) or homebuilder(s), will be issued a separate Land Disturbance Permit and will be responsible for complying with the provisions of this section. The landowner and/or developer of the larger development will remain jointly responsible for said lot(s) until such time that the larger common plan of development reaches 80% build-out.
(C) Land Disturbance activity less than one (1) acre on individual lot(s) or parcel(s) that are not part of a larger common plan of development is not exempt from this section or land disturbance permit. The following information is required for submittal of the land disturbance permit:
(1) Land disturbance permit application.
(2) Completed EPSC land disturbance form.
(3) All fees for said permit shall be paid according to the established Permitting Fee Schedule.
(D) The City of Berea may on a project-by-project basis exempt other minor land disturbance activities not specifically identified in the exemptions above.
(Ord. No. 24-14, § 1, 12-16-14)
(A) The permittee shall be responsible for the installation, good repair and maintenance of all temporary and permanent EPSC BMPs, and ultimate removal of all temporary EPSC measures.
(B) Permittees for land disturbance permits issued for house or other structure construction, and do not reside on the property at the time of permit issuance, shall post a letter of credit, a certified check or other performance guarantee for all EPSC facilities, acceptable to the City of Berea.
(C) Permittees who reside on the property and are obtaining the permit for land disturbance purposes on their own residential property shall not be required to post a fiscal surety, but are bound by all other requirements of this chapter.
(D) When a fiscal surety is required, the surety shall be posted prior to the issuance of the land disturbance permit.
(E) The fiscal surety shall be in the amount equal to two times the estimated cost of the EPSC measures, as approved by the City of Berea, but in no case shall be less than fifteen hundred dollars ($1,500.00).
(F) Following the period granted to the permittee to complete the installation of the EPSC measures, if the City of Berea finds the required temporary or permanent improvements or control measures have not been installed or maintained properly or are not in good repair or functioning properly, then the city may declare the permittee to be in default if it does not appear that the improvements or controls will be completed or repaired within a reasonable time. Upon declaration of default, the City of Berea shall demand such amounts form the surety as required to remedy the default.
(G) Request for release of surety may be made after the City of Berea makes an inspection of the property and determines that final stabilization has been established, and issues a Certificate of Stabilization.
(Ord. No. 24-14, § 1, 12-16-14)
(A) The City of Berea shall review all EPSC plans for compliance with the following general standards and review criteria.
(B) A design removal efficiency goal of eighty percent (80%) for total suspended solids from land disturbing activities shall be applied to the design, review, and approval of EPSC plans. The following structural and non-structural standards are to be utilized to achieve this goal.
(C) Compliance with the Stormwater Manual, as it may be revised from time to time, for the City of Berea.
(D) Non-structural site management practices to prevent erosion and minimize sediment discharge shall be considered. Such practices include the following standards:
(1) Minimize site disturbance to preserve and maintain existing vegetative cover;
(2) Limit the number of temporary access points to the site for land disturbing activities;
(3) Phase and sequence construction activities;
(4) Locate temporary and permanent soil disposal areas, haul roads and construction staging areas to minimize erosion, sediment transport and disturbance to existing vegetation.
(E) Where attainment of this design removal efficiency goal through the use of structural and nonstructural measures is not practicable, the permittee shall submit written justification to the City of Berea for review and approval.
(Ord. No. 24-14, § 1, 12-16-14)
(A) Erosion protection and sediment control for construction projects requires continual planning, observation and action for all components of the overall plan. The process will be documented through requirements established by the Kentucky Division of Water, and implemented in their KYR10 permit While stormwater management plans typically contain permanent treatment practices (PTPs) instead of temporary practices, the initial plan submittal must address permanent stormwater management including water quality. A general description of each type of plan follows.
(B) Stormwater Pollution Prevention Plan. A Stormwater Pollution Prevention Plan (SWPPP) is a living document that is first submitted for approval to the city and to the KDOW. It will be updated, as necessary, as development continues. It includes site map(s), an identification of construction/contractor activities that could cause pollutant discharges into stormwater and a description of measures or practices to control these pollutants. The SWPPP is required by KYR10. It includes the EPSC Plan and Stormwater Management Plan. Once the development plan has been approved, a copy of the SWPPP must be maintained onsite and should include copies of all permits issued for the site. Inspection documentation and plan revisions must also be documented in the SWPPP once site development has begun.
(C) Construction EPSC Plan. Once the erosion prevention and sediment control (EPSC) plan has been approved, it becomes a component of the SWPPP. The EPSC Plan is a set of plans prepared by or under the direction of a licensed professional engineer detailing the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction. It includes supporting calculations, a construction schedule, and schematics and cross-sections for clarification, as well as any other material in support of the EPSC Plan. As the project progresses, revisions and modifications should be tracked in the SWPPP, with major modifications requiring prior approval by the city before implementation.
(D) Post-construction Stormwater Quality Management Plan. The post-construction stormwater quality management plan (P-SWQMP) contains permanent water quality treatment devices, such as detention structures, outlet protection, stormwater conveyance devices, and bioretention areas. Once approved, the P-SWQMP becomes a component of the SWPPP. Some of these components will not be installed during initial construction activities. However, knowing the proposed locations during early construction activities can be beneficial so areas can be appropriately staged. For example, permanent detention structures can first function as sediment basins. Once permanent controls have been installed, they should be protected from sediment laden runoff, as many permanent water quality treatment devices rely on infiltration for treatment and can easily be overwhelmed.
(E) Sites where land disturbance activities are proposed will require a complete Stormwater Pollution Prevention Plan (SWPPP) approved by the Issuing Authority of the City of Berea.
(1) The SWPP plan shall be prepared by a licensed engineer. The engineer shall be required to visit the site, in person, to evaluate the existing conditions before preparation of the SWPPP. The engineer shall notify the City of Berea at least five (5) days prior to the visit. The city may choose to visit the site with the engineer. The engineer shall prepare the report, including all of the maps and sketches required.
(2) The report shall be bound, on 8-1/2" x 11" paper. All plan drawings shall be folded and inserted (the size and scale of the plans may vary depending on the nature of the project; some critical areas might require an enlargement, or "blow-up sheet"). The report may be placed in a folder, binder or 3-ring binder, depending on the scope and size of the report. If the report is in a folder or binder, the outside of the folder/binder shall include as a minimum: Stormwater Pollution Prevention Plan, the name and address of the project, any additional documentation to identify the project per City of Berea requirements, the owner of the project, the consultant's name and contact information and date of submission.
(3) The SWPPP and EPSC plans shall be readily available at the construction site from the date of project initiation (NOI) to the date of Notice of Termination (NOT).
(4) Format and contents of the SWPPP will follow the outline as referenced in the Stormwater Manual.
(Ord. No. 24-14, § 1, 12-16-14; Am. Ord. No. 06-20, § 1, 3-3-20)
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