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§ 160.24 POST-CONSTRUCTION PERFORMANCE STANDARDS.
   (A)   The city reserves the right to develop or adopt guidance documents to serve as design and implementation standards. Other guidance documents distributed by the city should be reviewed and considered when preparing the Post-Construction SWMP. Technical, administrative or procedural matters may be modified as needed to meet the objectives defined in this chapter as long as they are not contrary or beyond the intent of the objectives listed above. Such documents given authority by this chapter include Best Management Practice (BMP) manuals, design regulations and requirements, checklists that address submittals, plan review and inspections certification, stormwater manuals, and operation and maintenance manuals. Said documents may be updated periodically to reflect the most current and effective design and construction practices and be made available to the public. Failure to update the manual does not relieve the applicant from complying with this chapter.
   (B)   Post-construction stormwater BMPs shall be designed in accordance with the most current manual or requirements to achieve the following performance standards:
      (1)   The development shall be designed with management measures that are built and maintained to treat, filter, flocculate, infiltrate, screen, evapo-transpire, harvest and reuse stormwater runoff, or otherwise manage the stormwater quality produced from the 80th percentile rain event (0.6 inches of rainfall).
      (2)   BMP’s shall be designed to remove pollutants and reduce runoff volume. The designated use and any existing in-stream use of the stream being discharged to shall be protected. Some land uses produce higher concentrations of certain pollutants such as hydrocarbons or heavy metals, than those normally found in urban areas. These areas will be reviewed for effective removal of the particular pollutant which they discharge. Effective removal will be that which existed prior to development. Examples of land uses that produce higher levels of pollutants are:
         (a)   Gas/fueling stations.
         (b)   Restaurant dumpster areas.
         (c)   Vehicle repair facilities.
         (d)   Vehicle washing/steam cleaning facilities.
         (e)   Auto recycling facilities.
         (f)   Outdoor material storage areas.
         (g)   Loading and transfer areas.
         (h)   Landfills.
         (i)   Industrial sites.
      (3)   BMPs shall reduce or buffer increases in stormwater runoff temperature caused by contact with impervious surfaces as well as minimize increases in stormwater runoff volume and flow rate caused by increases in impervious surfaces.
      (4)   The PC-SWMP shall include provisions for buffers. A buffer shall be defined as:
         (a)   Area contained within a boundary established by the FEMA floodplain boundary or city master planning; or
         (b)   Where a floodplain is not defined or calculated, the buffer will be 25 feet on each side from the top of waterway bank as defined by geomorphic shape (not by current water surface elevation).
            1.   Buffers shall be provided to all blue-line streams as shown on the USGS map.
            2.   Buffer areas and floodplain may be used for stormwater quality devices provided erosion prevention, sediment control, cut-fill practices area addressed appropriately as determined by the city to meet this chapter.
            3.   Exemptions can be granted to buffers so long as erosion and sediment control, water quality are addressed. Exemptions for building in the buffer area shall be granted for:
               a.   Roads and utilities crossing waterways.
               b.   Pedestrian trails and walkways adjacent to waterways.
               c.   Other exemptions may be made at the discretion of the city representative.
      (5)   Redevelopment not previously addressing water quantity or quality control shall reduce the discharge from their site according to the formula below:
         Q(redeveloped) = Q(existing) + q(undeveloped)
                     2
         Q(redeveloped) = maximum discharge rate for the re-development
         Q(existing) = current discharge rate of the developed parcel
         Q(undeveloped) = discharge rate of the parcel prior to any development
         The reduction of allowable flow rate for redeveloped areas shall not exceed more than 30% of the existing developed flow rate. These flow rates are based on redevelopment sites that disturb one acre or more.
      (6)   The City of Glasgow reserves the right to require superseding or additional treatment criteria or objectives for specific pollutants(s) as necessary to meet overall stormwater quality management program objectives or directives under a watershed improvement or Total Maximum Daily Load (TMDL) program as administered by the USEPA or Commonwealth of Kentucky.
      (7)   The Stormwater Manager, in accordance with good engineering practice, may exercise the following options:
         (a)   Off-site mitigation option: Entails infiltration/evapotranspiration/reuse measures that may be implemented at another location within the same watershed as the original project, approved by the city. The city shall identify priority areas within the watershed in which mitigation projects can be completed.
         (b)   Payment-in-lieu option: Allows the owner of a project that falls within the quality criteria, to make a payment to the city in lieu of implementing post-construction BMPs. The city will apply the in-lieu funds to a public stormwater project. The fee shall be used for acquisition, design, construction or maintenance of one or more such facilities in the same watershed in which the development is located.
      (8)   Permanent easement for all stormwater drainage ways, quality and quantity facilities shall be dedicated to the City of Glasgow. There shall also be dedicated easement for access to all stormwater management facilities.
(Ord. 2809, passed 12-10-2012)
BONDS, MAINTENANCE, ASSURANCES AND FEES
§ 160.30 PERFORMANCE BONDS AND OTHER ASSURANCE FOR COMPLETION AND OPERATION OF STORMWATER MANAGEMENT IMPROVEMENTS.
   Upon approval of the stormwater management plan and post-construction stormwater management plan, but before the issuance of a building permit or subdivision plat approval, the Stormwater Manager shall require the applicant either complete all required improvements or the applicant shall post aperformance bond, cash escrow, certified check, letter of credit or other acceptable for of performance security in an amount sufficient ensure the execution of the plan. After determination by the Stormwater Manager that all facilities are constructed in compliance with the approved plan, the performance bond or securities shall be released.
(Ord. 2809, passed 12-10-2012)
§ 160.31 MAINTENANCE AGREEMENT.
   A stormwater maintenance agreement, approved by the Stormwater Manager, assuring perpetual maintenance of stormwater management improvements, including post-construction BMPs, shall be executed by the applicants to the City of Glasgow. The agreement shall be recorded among the deed records in the Barren County Clerk’s office prior to final plan approval. The agreement shall be covenant running with the land and shall be binding on the landowner, its administrators, executers, heirs, assigns and any other successors of interest, including any homeowners association. A copy of an appropriate maintenance agreement can be obtained from the City of Glasgow Public Works.
   (A)   Operation and maintenance of all stormwater quality and quantity devices, BMP’s and drainage ways shall be the responsibility of the property owner. Operation and maintenance shall be required sufficient to maintain proper function and water quality at the discharge point.
   (B)   Routine inspection are the responsibility of property owner to ensure the stormwater facilities/BMP’s are operating and functioning as designed and that required maintenance activities have accrued. The property owner must submit an inspection report annually to the City of Glasgow. The report shall include any action taken, who took it, when the action was done, how it was done, and any problems encountered or follow-up actions recommended. Maintenance problems shall be inspected monthly or more frequently as necessary to assure safe and proper functioning of the facilities.
   (C)   Example post-construction stormwater facility/BMP maintenance inspection checklists are available.
   (D)   The City of Glasgow and its agents shall have the right of entry to inspect, observe, test or perform any other related activity to the operation, maintenance and function of the stormwater infrastructure. The city has the right to perform inspections and emergency maintenance on said facilities; however, it is not the city’s obligation to maintain the stormwater quality/quantity facility.
(Ord. 2809, passed 12-10-2012)
§ 160.32 FEES.
   The PC-SWMP shall include provisions for buffers. A buffer shall be defined as:
   (A)   A bond of $500 shall accompany the submittal of each entrance and drainage permit. This bond is fully refundable provided the entrance is constructed as specified on the permit. All areas within the public right-of-way must have vegetation established before releasing the bond. If installation of sidewalk along the public street is required, an additional $500 bond must be obtained. All sidewalks must meet ADA requirements.
   (B)   The permit holder shall have 12 months (one year) time from date of permit issue to construct the entrance in accordance with the permit. Failure to complete the work properly within this one year time frame shall be reasons for forfeiture of the $500 bond. If the work is not completed properly within the one year time frame, no further permits will be issued to the permit holder until the property comes into compliance with this chapter.
   (C)   All entrance and drainage permits shall have an administrative fee as follows with a minimum fee of $10:
      (1)   Non-living/non-commercial areas such as decks, garages, storage bldgs and the like)   $10
      (2)   Mobile home/residential/living area additions/commercial (up to 5,000 sq. ft.)      $50
      (3)   Residential/commercial (greater than 5,000 sq. ft.)                   $100
(Ord. 2809, passed 12-10-2012)
ADMINISTRATION AND ENFORCEMENT.
§ 160.40 RESPONSIBILITY.
   The administration of this chapter shall be the responsibility of the offices of the designated Stormwater Manager.
(Ord. 2809, passed 12-10-2012)
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