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(A) Post-construction requirement of permanent BMPs.
(1) Land development that meets the requirements of § 54.05 of this code must address stormwater runoff quality through the use of permanent BMPs. Permanent BMPs shall be provided for in the drainage plan for any subdivision plat, annexation plat, development agreement, subdivision agreement or other local development plan.
(2) Structural BMPs located on private property shall be owned and operated by the owner(s) of the property on which the STF is located, unless the city agrees in writing that a person or entity other than the owner shall own or operate said STF. As a condition of approval of the STF, the owner shall also agree to maintain the STF in perpetuity to its design capacity unless or until the city shall relieve the property owner of that responsibility in writing. The obligation to maintain the shall be memorialized on the subdivision plat, annexation plat, development agreement, subdivision agreement or other form acceptable to the city and shall be recorded with the city’s Engineering Department.
(B) Certification of permanent BMPs. Upon completion of a project, and before a certificate of occupancy shall be granted, the city shall be provided a written certification stating that the completed project is in compliance with the approved final drainage plan. All applicants are required to submit “as built” plans for any permanent BMPs once final construction is completed and must be certified by a professional engineer licensed in the state. A final inspection by the city of all post-construction BMPs shall be required before a certificate of occupancy will be issued or any public infrastructure is accepted.
(C) Ongoing inspection and maintenance of permanent BMPs.
(1) The owner of site must, unless an on-site stormwater management facility or practice is dedicated to and accepted by the city, execute an inspection and maintenance agreement that shall be binding on all subsequent owners of the permanent BMPs.
(2) Permanent BMPs included in a final drainage plan which are subject to an inspection and maintenance agreement must undergo inspections to document maintenance and repair needs and to ensure compliance with the requirements of the agreement, the plan and this chapter.
(D) Timeline for post-construction criteria implementation.
(1) Proposed redevelopment. (Applies to lands which have been platted and previously built upon.) Stormwater treatment facilities must be accounted for on any proposed redevelopment project if it has not already submitted a complete preliminary plat or building permit for approval. Proposed redevelopment projects that are exempt from treatment are those that have already submitted a complete plat, preliminary plat or building permit for approval. Any non-exempt projects must account for a seventieth percentile rain event.
(2) Proposed new development. (Applies to lands which are being platted for development or have been platted but have not previously been built upon.) Stormwater treatment facilities must be accounted for on any proposed new development project that has not already submitted a complete preliminary plat or building permit for approval. Proposed new development projects that are exempt from treatment are those that have already submitted a complete final plat, preliminary plat or building permit for approval. Any non-exempt projects must account for an eightieth percentile rain event.
(Prior Code, § 54.09) (Ord. 18-32, passed 9-4-2018)
(A) All BMPs designed to meet the requirements of this chapter shall reference the appropriate technical standards, specifications and guidance as follows:
(1) City standards and specifications for construction;
(2) The Nebraska Department of Transportation drainage design and erosion control standards, specifications and guidance; and
(3) Any other alternative methodology, approved by the City Engineering Department, which is demonstrated to be effective.
(B) Further description of the post-construction stormwater management program can be found through the City Engineering Department.
(Prior Code, § 54.10) (Ord. 18-32, passed 9-4-2018)
(A) (1) Whenever the city has cause to believe that there exists, or potentially exists, in or upon any premises, any condition which constitutes a violation of this chapter, the owner or operator shall provide access to the premises at any reasonable time to determine if there exists an actual or potential violation of this chapter.
(2) In the event that the owner or occupant refuses entry after a request to enter has been made, the city is hereby empowered to seek assistance from a court of competent jurisdiction in obtaining such entry.
(B) The city shall have the right to employ such devices and undertake such inspection, on or off premises, as necessary, to determine whether the requirements of this chapter are met. The inspection may include, but is not limited to, the following:
(1) Sampling of any discharge and/or process waters;
(2) The taking of photographs;
(3) Interviewing staff on alleged violations and access to any; and
(4) All facilities or areas within the premises that may have any effect on the discharge.
(Prior Code, § 54.13) (Ord. 18-32, passed 9-4-2018)
Any person who violates a prohibition or fails to meet a requirement of this chapter will be subject, without prior notice, to one or more of the enforcement actions identified in § 54.12 of this code when attempts to contact the person have failed and the enforcement actions are necessary to stop an actual or potential discharge which presents or may present imminent danger to the environment or the health or welfare of person or to the MS4.
(Prior Code, § 54.15) (Ord. 18-32, passed 9-4-2018)
(A) Notwithstanding any other remedies or procedures available to the city, if any person discharges into the MS4 in a manner that is contrary to the provisions of this chapter, the City Attorney may commence an action for appropriate legal and equitable relief, including damages and costs in the county court.
(B) The City Attorney may seek a preliminary or permanent injunction or both which restrains or compels the activities on the part of the discharger.
(Prior Code, § 54.16) (Ord. 18-32, passed 9-4-2018)
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