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(A) It shall be the duty of the Stormwater Utility Coordinator to administer the stormwater utility program. The utility billing personnel shall keep an accurate record of all persons using the services and facilities of said stormwater utility of the city and make changes in accordance with the rates and charges established in this chapter or by ordinance.
(B) The Stormwater Utility Coordinator shall direct any new development or the property owner of newly annexed property to establish a stormwater utility user account.
(C) The Board may issue an order to any person to immediately cease any discharge, or connection to the stormwater system, determined by the Board to be in violation of any provision of this chapter, or in violation of any regulation or permit issued hereunder.
(D) Any violation of any provision of this chapter, or of any regulation or order issued hereunder shall be subject to injunctive relief if necessary to protect the health, safety, or general welfare of the public.
(E) A person shall be deemed guilty of a separate violation for each and every day during any continuing violation of any provision of this chapter, or of any regulation or permit issued hereunder.
(F) The Board may take all actions necessary, including the issuance of notices of violation, the filing of court actions to require and enforce compliance with the provisions of this chapter and with any regulation or permit issued hereunder.
(Ord. 2005-9, passed 6-9-2005; Ord. 2019-25, passed on 5-13-2020)
(A) There shall be established a stormwater utility account for the deposit of all fees and charges collected by the stormwater utility.
(B) These funds shall be for the exclusive use of the stormwater utility including, but not limited to, the following:
(1) Stormwater management services, such as studies, design, permit review, plan preparation, and development review;
(2) Operation, maintenance, repair, and replacement of the stormwater collection, storage, conveyance, or treatment infrastructure;
(3) Project costs related to constructing major or minor structural improvements to the city’s stormwater related infrastructure;
(4) Administrative costs associated with the management of the stormwater utility user fee;
(5) Debt service financing of the city’s stormwater related capital improvements; and
(6) Funding of studies such as water quantity and quality monitoring, aerial photography, and geotechnical work associated with the planning of the stormwater related infrastructure.
(Ord. 2005-9, passed 6-9-2005)
STORMWATER MANAGEMENT
(A) This subchapter is adopted in accordance with statutory authority granted to the Common Council under its home rule powers, and further is required by Phase II of the National Pollution Discharge Elimination System program (FR Doc. 99-29181) authorized by the 1972 amendments to the Clean Water Act, the State Department of Environmental Management’s Rule 13 (327 IAC 15-6), and the State Department of Environmental Management’s Rule 5 (327 IAC 15-2-2). Based on this authority and these requirements, this subchapter regulates:
(1) Discharges of prohibited non- stormwater flows into the stormwater drainage system;
(2) Stormwater drainage improvements related to development of lands located within the city;
(3) Drainage control systems installed during new construction and grading of lots and other parcels of land;
(4) Erosion and sediment control systems installed during new construction and grading of lots and other parcels of land;
(5) The design, construction, and maintenance of stormwater drainage facilities and systems;
(6) The design, construction, and maintenance of stormwater quality facilities and systems; and
(7) Land-disturbing activities affecting wetlands.
(B) This subchapter shall be known and may be cited as the city’s Stormwater Management Ordinance.
(Ord. 2006-13, passed 10-26-2006; Ord. 2019-25, passed on 5-13-2020)
(A) This subchapter shall be applicable to all development and redevelopment occurring within the city. No permit shall be issued and no land disturbance started for any construction in a development, as defined in § 54.24, until the plans required by this subchapter for such construction have been accepted, in writing, by the city. With the exception of the requirements of §§ 54.28 and 54.32(D), single-family dwelling houses in approved subdivisions, new buildings (or cumulative building additions) with less than 500 square feet of area, and land-disturbing activities affecting less than 10,000 square feet of area shall be exempt from the permitting requirements of this subchapter.
(B) In addition to the requirements of this subchapter, compliance with all applicable city ordinances as well as with applicable federal, state, and other local statutes and regulations shall also be required. Unless otherwise stated, all other specifications referred to in this subchapter shall be the most recent edition available. City government public works projects shall also be subject to the requirements of this subchapter. However, the city is exempt from paying any applicable permit and review fees. If the project site is located within a county regulated drain watershed, the applicant will need to check with the County Surveyor’s office to learn if additional Surveyor’s office requirements specific to that regulated drain would apply to the site.
(C) Any construction project which has had its final drainage plan approved by the city within a two-year period prior to the effective date of this subchapter shall be exempt from all requirements of this subchapter that are in excess of the requirements of ordinances in effect at the time of approval. Such an exemption is not applicable to the requirements detailed in § 54.28.
(Ord. 2006-13, passed 10-26-2006)
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