§ 55.06A  POST-CONSTRUCTION STORMWATER IMPACTS; MINIMIZATION REGULATIONS AND REQUIREMENTS; COMPLIANCE PROCEDURES.
   (A)   The following post-construction stormwater impact provisions are intended to encourage:
      (1)   The purpose of this section is to address the design, construction, operation and maintenance requirements of stormwater drainage systems within the city to reduce or eliminate post-development adverse stormwater quality and quantity impacts to the Municipal Separate Stormwater System (MS4).
      (2)   Development design, construction and post-construction operations and maintenance of stormwater drainage systems shall be performed in such a manner so that adverse stormwater quality and quantity impacts to the stormwater drainage systems and receiving streams both on the subject property and on offsite properties are avoided, reduced or eliminated.  Adverse stormwater quality and quantity effects for the purposes of this section includes increased flood elevations, increased velocity of floodwaters, erosion, siltation, sedimentation, reduced base flow, pollution or degradation of water quality.
      (3)   Stormwater drainage systems for the purposes of this section include any facility, structure, improvement, development, equipment, property or interest therein, including structural and nonstructural elements, which are made, constructed, used or acquired for the purpose of collecting, containing, storing, conveying, filtering, treating, infiltrating and controlling stormwater.  This includes, but is not limited to detention facilities, retention facilities, sediment basins, ponds, lakes, engineered open channels, natural channels, floodplains, creeks, storm sewers, conduits, pipes, borrow ditches, swales, roadways, infiltration systems, rain gardens and bio-retention filters.
      (4)   Every development shall be provided with a stormwater drainage system designed by an engineer registered in the state, adequate to serve the development, and otherwise shall meet approval requirements of the officials having jurisdiction.  The design shall meet this section and the City of Claremore Engineering Design Criteria Manual and other City of Claremore criteria and codes where applicable.
      (5)   The stormwater drainage system shall be designed so that property owners located downstream from and upstream from the development shall not be injuriously affected by the construction, operation or maintenance of such system.
      (6)   Proof of compliance.
         (a)   If a proposed development will disturb an existing wetland, the developer shall provide to the city a written statement from the U.S. Army Corps of Engineers that the development plan fully complies with all applicable federal wetland regulations as established in the Federal Clean Water Act.
         (b)   If the city obtains credible information regarding threatened or pending regulatory enforcement action related to an environmental condition of the property to be developed, or an environmental impact related to the development plan, then the Planning and Development Services Department may require the developer to provide to the city written statements from such governmental agencies as the city may designate as having related jurisdiction based upon the nature of the threatened enforcement action or environmental impact.  Said statements shall verify that the development plan fully complies with environmental regulations within the jurisdiction of the writing agency.  If the developer, after a diligent effort, is unable to obtain such written verifications from one or more of the designated agencies, the developer shall at least provide to the city a written verification from said agency that the city’s approval of the development plan will not interfere with a threatened or pending environmental enforcement action of said agency.  All required written statements shall be provided to the Planning and Development Services Department prior to the scheduling of the hearing for the project development plan.
      (7)   Construction of the development including stormwater drainage systems shall be performed in compliance with City of Claremore Engineering Design Criteria and other City of Claremore construction criteria and code requirements where applicable.
      (8)   Operations responsibility of the development stormwater drainage system shall be detailed in the covenants language on platted developments, on easement language for stormwater drainage systems in dedicated easements, or shall be borne by the property owner for stormwater drainage systems on private property.
      (9)   Maintenance responsibility of the development stormwater drainage system shall be detailed in the covenants language on platted developments, on easement language for stormwater drainage systems in dedicated easements or shall be borne by the property owner for stormwater drainage systems on private property.
      (10)   In the event that the owner or responsible party fails to properly operate or maintain the stormwater drainage system such that negative stormwater quality or quantity impacts to stormwater drainage systems and/or receiving streams either on the subject property or on offsite properties occurs or is imminent, the city or its designated contractor may enter the property to perform required operations or maintenance, and the cost shall be paid by the owner of responsible party.
   (B)   Allowing construction materials to spill onto public ways.  No person shall place, spill or allow the flow of concrete or similar construction materials on any public road, alley, highway or sidewalk, except as may be required for the construction or the maintenance of the public road, street, highway or sidewalk.
   (C)   Construction debris.
      (1)   Construction debris shall not be allowed to blow off the site of origin.
      (2)   Trash containers of sufficient size, but not less than four feet wide by four feet deep by four feet high, shall be located on each construction site no later than the time the rough plumbing is ready for inspection.
   (D)   Responsible person.
      (1)   Any person with overall responsibility for the construction, such as the general contractor, shall be jointly responsible with the person at whose direction the construction is conducted, for purpose of compliance with divisions (A) through (C) of this section.
      (2)   If construction on a particular site requires that a “Notice of Intent (NOI) for Storm Water Discharges Associated with Construction Activity under the OPDES General Permit” be filed with the ODEQ, then the facility operator listed on the notice shall be responsible for compliance with divisions (A) through (C) of this section.
(Ord. 2015-29, passed 11-16-15)