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To minimize the discharge and transport of pollutants to storm drains and prevent the deterioration of water quality, certain new developments and redevelopment projects will be required to submit for approval a stormwater management plan or a comprehensive drainage plan to control the quality, volume and rate of stormwater runoff. The City Stormwater Management Design Manual establishes standards and guidelines for implementing BMPs and stormwater management plans and is incorporated by reference and made part of this chapter.
A. Plans Required: Stormwater management plans or comprehensive drainage plans are required for industrial, commercial and institutional developments which require a building permit and multi-family residential developments that are not part of a larger subdivision project, as well as subdivision projects that have private access, which also require a building permit.
B. Redevelopment Projects: Redevelopment projects may be required to submit complete stormwater management plans or operation and maintenance plans if they meet the criteria found in the City Stormwater Design Manual.
C. Included Provisions Of Plans: Stormwater management plans and comprehensive drainage plans shall provide for the following:
1. Prevention of any direct discharge of untreated stormwater and nonstormwater, either on or off site.
2. Prevention of increased post development discharge rates.
3. Removal of a minimum amount, determined by the percentage of impervious parcel area, of annual total suspended solids generated from development or redevelopment runoff prior to any off site discharge.
4. Continuation of BMPs for appropriate periods of time.
5. Protection of groundwater from instances of development runoff infiltration.
D. Plan Development: Stormwater management plans and comprehensive drainage plans shall be developed in accordance with the City Stormwater Management Design Manual or equivalent, and shall include:
1. Site evaluation.
2. Drainage system report.
3. Peak flow rates and runoff volume calculations.
4. Safety requirements.
5. Grading plans.
6. Operation and maintenance plan.
7. All other necessary BMPs not covered in the areas listed above.
E. Certification Required: All drainage system reports, peak flow rates and runoff volume calculations, safety requirements and grading plans shall be certified by a licensed professional authorized by the State to perform such functions.
F. Conceptual Plans Not Considered: Drainage plans that are conceptual only, without engineering specifications, shall not be considered as comprehensive drainage plans.
G. Minimum Requirements For Drainage Systems: Drainage systems shall have the following minimum requirements:
1. Designed to provide primary conveyance for runoff from a 50-year frequency storm on sites with less than fifteen percent (15%) slope or a 100-year frequency storm on sites with greater than fifteen percent (15%) slope.
2. Designed to provide secondary conveyance for runoff for all flows up to the 100-year frequency storm, within defined rights-of-way or drainage easements.
3. Designed to prevent an increase of peak flows at any location for the 2-year, 10-year, 25-year and 100-year frequency storm which could cause increased inundation of any building or roadway surface.
4. Achievement of peak flow regulation by on site discharge, off site discharge with permission or participation in an approved regional stormwater management facility.
H. Amendments, Modifications: The City Council reserves the right to amend, modify and/or add requirements to the City Stormwater Management Design Manual. The design manual references in this chapter shall be to the most currently adopted version. (1952 Code § 8-15-03.01)
A. Plans Submitted: Stormwater management plans and comprehensive drainage plans shall be submitted at the time building plans are submitted. The plans shall be submitted to the Building Department with a permit fee in an amount provided for in a fee schedule adopted by the City Council. The plans shall be reviewed by the Public Works Department for their compliance with the City Stormwater Management Design Manual and other applicable rules and standards. Plans developed to meet Federal or State requirements may be submitted, and will be approved if they substantially conform to the requirements of this chapter. Where physical submission of plans would be too cumbersome, the Public Works Department may waive the requirement for physical submission when granted full access to review the on site plans.
1. No plan shall be approved that increases the peak level of stormwater runoff from impervious areas, unless the plan identifies measures to control and limit runoff to peak levels no greater than would occur from the site if left in its natural, undeveloped condition.
2. No development or use of land which requires a grading permit, involves more than one thousand (1,000) square feet or ten percent (10%) of the existing impervious surface, or would create more than five hundred (500) square feet of new impervious surface shall be permitted without an approved stormwater management plan or comprehensive drainage plan.
3. No building permit or certificate of occupancy shall be issued without an approved stormwater management plan if required under this section.
B. Engineering Certification: The City shall be notified of the commencement of any development covered by a comprehensive drainage plan and the owner or responsible person shall be required to provide engineering certification that the development is in conformity with the previously approved comprehensive drainage plan.
C. Modifications To Plan: Any modifications to comprehensive drainage plans shall be submitted to the Public Works Department for approval; provided, however, for comprehensive drainage plans approved pursuant to this chapter, as amended, only major modifications must be submitted for approval. All modifications to singular stormwater management plans must be submitted to the Public Works Department with a request for approval and a new stormwater management plan shall be submitted upon request of the Public Works Department.
D. Responsibility For System Function: Approval of the stormwater management plan or comprehensive drainage plan does not relieve the owner or responsible party from the duty to ensure the systems and their safety measures function as designed.
E. Suspension, Revocation Of Approval: Approval may be suspended or revoked at any time if conditions are not as stated or shown in the approved application or implementation of the plan is not proceeding in the approved manner.
F. Completion Time Limit; Extension: Approval of a stormwater management plan or a comprehensive drainage plan may be suspended if the project is not completed within a two (2) year period or development has ceased for a period of more than two (2) years; however, a one year extension may be granted upon a written request which provides the reason for the delay or cessation of development and specifies a time frame for completion or commencement of development.
G. Notice Of Suspension, Revocation; Appeal: If suspension or revocation of approval is necessary, the owner will receive notice of this decision and may appeal to the City Public Works Commission. A written request for appeal and hearing must be made within ten (10) days from the notice of suspension or revocation.
H. New Plan Required After Suspension Or Revocation: If approval is suspended or revoked, the owner shall be required to submit a new plan for approval, with the requisite fee, prior to starting or continuing the planned project or development.
I. Variance: If undue hardship would result from strict application of the requirements of this chapter, a person may request a variance.
1. Request Submitted In Writing: The variance request must be submitted in writing to the Public Works Department with a fee in an amount provided for in a fee schedule adopted by the City Council.
2. Reason For Request: The person requesting a variance shall state in detail the reason for the request and provide supporting documentation.
3. Denial; Appeal: If a request for variance is denied by the Public Works Department, the denial may be appealed to the Public Works Commission within ten (10) days of notice of denial. The Public Works Commission shall provide the aggrieved party with a hearing date and an opportunity to present argument in favor of the variance request. The Public Works Commission will not accept additional supporting documentation if the information was reasonably available at the time the request for variance was made and could have been submitted to the Public Works Department.
4. Not Considered Right Or Privilege: A variance shall not be considered a right or special privilege.
J. Nonliability: Approval of any plans by the Public Works Department shall not create a liability on the part of or cause of action against the City or any officer or employee thereof regarding the plan or its operation. (1952 Code § 8-15-03.02)
A. Required: Stormwater facilities shall be maintained by the owner or other responsible party and, when there is a potential to discharge stormwater, shall be repaired and/or replaced by such person when such facilities are no longer functioning as designed.
B. Waste Disposal: Disposal of waste from maintenance of facilities shall be conducted in accordance with applicable Federal, State and local laws and regulations.
C. Records Maintained: Records of installation and maintenance and repair shall be retained by the owner or other responsible party for a period of five (5) years and shall be made available to the Public Works Department upon request.
D. Failure To Comply: Any failure to maintain facilities or correct problems with facilities after receiving due notice from the City may result in criminal or civil penalties and the City may perform corrective or maintenance work which shall be at the owner's expense. (1952 Code § 8-15-03.03)
A. Required: Stormwater systems shall be inspected by the Public Works Department during and after construction to assure consistency with the approved stormwater management plan.
B. On Site Detention Inspection Program: All stormwater systems shall be subject to the authority of the on site detention inspection program of the Public Works Department to ensure compliance with this chapter and may be inspected when deemed necessary.
C. Annual Inspections; Records Maintained: The owner or other responsible party shall make annual inspections of the facilities and maintain records of such inspections for a period of five (5) years.
D. Entrance For Inspection: Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement agent has reasonable cause to believe that there exists in any building or upon any premises any condition which may constitute a violation of the provisions of this chapter, the agent may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the agent by this chapter; provided, that: 1) if such building or premises is occupied, he or she first shall present proper credentials and request entry; and 2) if such building or premises is unoccupied, he or she first shall make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.
E. Refusal To Permit Entry: The property owner or occupant has the right to refuse entry but, in the event such entry is refused, the agent is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry and performing such inspection.
F. Routine, Area Inspections: Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including, but not limited to, random sampling and/or sampling in areas with evidence of stormwater pollution, illicit discharges or similar factors. (1952 Code § 8-15-04.01)
With the consent of the owner or occupant or with court consent, any authorized enforcement agent may establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections, as provided herein, the agent may take any samples deemed necessary to aid in the pursuit of the inquiry or to record the on site activities; provided, that owners or occupants shall be entitled to split samples. (1952 Code § 8-15-04.02)
A. Order For Monitoring Activities: Whenever the Director of Public Works or designee determines that any person engaged in any activity and/or owning or operating any facility may cause or contribute to an illicit discharge to the stormwater system, the Director of Public Works or designee may, by written notice, order that such person undertake such monitoring activities and/or analyses and furnish such reports as the Director of Public Works or designee may recommend. The written notice shall be served either in person or by certified or registered mail, return receipt requested, and shall set forth the basis for such order and shall particularly describe the monitoring activities and/or analyses and reports required. The burden to be borne by the owner or operator, including costs of these activities, analyses and reports, shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such order shall undertake and provide the monitoring, analyses and reports within the time frames set forth in the order.
B. Response To Order; Appeal: Within twenty (20) days of the date of receipt of the order notice, the recipient shall respond personally or in writing, advising the City of the recipient's position with respect to the order's requirements. Thereafter, the recipient shall be given the opportunity to meet with the Director of Public Works or designee to review the order's requirements and revise the order as the Director of Public Works or designee deem necessary. Within ten (10) days of such meeting, the Director of Public Works or designee shall issue a final written order. Final orders of the Director of Public Works or designee may be appealed to the Public Works Commission by the filing of a written appeal with the Public Works Department within ten (10) days of receipt of the final order. The appeal notice shall set forth the particular order requirements or issues being appealed. The Public Works Commission shall hear the appeal at its earliest practical date and may either affirm, revoke or modify the order. The decision of the Public Works Commission shall be final.
C. Failure To Comply; Enforcement Of Order: In the event the owner or operator of a facility fails to conduct the monitoring and/or analyses and furnish the reports required by the order in the time frames set forth therein, the City may cause such monitoring and/or analyses to occur and assess all costs incurred, including reasonable administrative costs and attorney fees, to the facility owner or operator. The City may pursue judicial action to enforce the order and recover all costs incurred. (1952 Code § 8-15-04.03)
The knowing violation of any provision of this chapter, or knowing failure to comply with any of the mandatory requirements of this chapter, shall constitute a misdemeanor, subject to penalty as provided in section 1-4-1 of this Code. (1952 Code § 8-15-04.04; amd. 2019 Code)
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