(A) Requirements for stormwater management plan approval.
(1) No application for development will be approved unless it includes a stormwater management plan detailing in concept how runoff and associated water quality impacts resulting from the development will be controlled or managed in the post-developed condition in compliance with the established water quality standard. This plan must indicate whether stormwater will be managed on-site or off-site and, if on-site, the general location and type of practices.
(2) The stormwater management plan(s) must be signed by a licensed professional engineer (PE), who will verify that the design of all stormwater management practices meet the current requirements of the OMPC Public Improvement Specifications and Subdivision Regulations for Owensboro/Daviess Counties, as applicable. No excavation, cut or fill permit shall be issued until a satisfactory final stormwater management plan, or a waiver, has been reviewed and approved by the county after determining that the plan or waiver is consistent with the requirements of this chapter and the OMPC Public Improvement Specifications.
(B) Maintenance agreements.
(1) If the County Engineer approves a private storm sewer system as part of a site or development plan, then the owner(s) of the private storm sewer system shall maintain the private storm sewer system at the original design service level. Failure to maintain the private storm sewer system at the original designed service level shall constitute a public nuisance as defined in § 51.07.
(2) If a private storm sewer system, which includes, but is not limited to the conveyance system, detention/retention basins, and water quality BMPs, and is located on private property, the owner of the property shall employ a qualified licensed professional engineer to certify that the owner maintains the storm sewer system at the original design level of service when the County Engineer requests certification in writing.
(3) If the private owner’s engineer determines that the owner’s maintenance of the private storm sewer systems does not meet the original design level of service, the County Engineer shall issue
a notice of deficiency to the owner. The owner shall correct the deficiency within the time determined by the County Engineer.
(C) Utilization of BMP resources. The county has furnished specifications and standards for the proper implementation of the requirements for this chapter in the form of the OMPC Public Improvement Specifications, Chapter 14. Division (D) of this section shall apply to property located with the Phase II permit boundary, as may change from time to time. This chapter includes a list of acceptable stormwater treatment practices, including the specific selection and design criteria, and operation and maintenance requirements for each stormwater practice. Stormwater treatment practices that are designed and constructed in accordance with these selection, design, and sizing criteria will be presumed to meet the minimum water quality performance standards. Alternative practices may be proposed and submitted for review, but must be approved by the county. Additional resources include EPA’s National Menu of Stormwater Best Management Practices (http://cfpub.epa.gov/npdes/stormwater/menuofbmps/).
(D) Depositing of material in public systems. It shall be unlawful for any person to do, or permit, authorize, or direct another person to do, or fail to do when required, any of the following:
(1) Erect, construct, deposit, or plant, any building, outbuilding, shed, fence, playground equipment, concrete, landscape berm, trees, bushes, shrubs, flowers, rocks, dirt, or any other substance or structure that covers, alters, obstructs, impairs, or encroaches on a public storm sewer drainage system;
(2) Cover, alter, excavate, fill, obstruct, encroach on, or deposit any concrete, steel, pollutants, building materials, yard waste, or construct ramps of any kind in the guttered curb of any street or alley located within a county maintained right-of-way; or
(3) Cover, alter, excavate, fill, divert, obstruct, impair, encroach on, or deposit any solid waste, debris, yard waste, pollutants, wastewater (sewage), concrete, building materials, tires, appliances, animal carcasses, or any other substance, material, or obstruction of any kind in an open ditch, sewer, or stormwater inlet and catch basin, manhole, right-of-way curb, and gutter, or over, under, or across any public storm sewer drainage system.
(E) Grading/regrading private property. It shall be unlawful for any person to do, or permit, authorize, or direct another person to grade or regrade any private property in such manner as to obstruct, divert, or impede the natural flow of surface stormwater across said person’s property or adjoining properties.
(F) Construction of private storm sewer systems. All private storm sewer systems shall be in place, functioning, and certified by a licensed professional engineer prior to the occupation of any property improvements by the owner. It shall be unlawful for any person to refuse to construct any part of a private storm sewer system that has not been approved in advance by the County Engineer on any development or site plan.
(Ord. KOC 630.1 (2013), passed 11-7-2013; Ord. KOC 630.1 (2015), passed 7-2-2015) Penalty, see § 51.99