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§ 54.29 STORMWATER QUANTITY MANAGEMENT.
   (A)   Applicability and exemptions. The storage and controlled release rate of excess stormwater runoff shall be required for all new business, commercial, and industrial developments; residential subdivisions; planned development; rural estate subdivisions; and any redevelopment or other new construction located within the city. The city, after thorough investigation and evaluation, may waive the requirement of controlled runoff for minor subdivisions and parcelization.
   (B)   Policy on stormwater quantity management.
      (1)   Detention policy. It is recognized that most streams and drainage channels serving the city do not have sufficient capacity to receive and convey stormwater runoff resulting from continued urbanization. Accordingly, the storage and controlled release of excess stormwater runoff shall be required for all developments and redevelopments (as defined in § 54.24) located within the city.
         (a)   General release rates.
            1.   In general, the post- development release rates for developments up to and including the ten-year return period storm may not exceed 0.1 cfs per acre of development. The post-development release rate for developments for the 11- to 100-year return period storms shall not exceed 0.3 cfs per acre of development. The above fixed general release rates may be set at a lower value by the city for certain watersheds if more detailed data becomes available as a result of comprehensive watershed studies conducted or formally approved and adopted by the City Council. The applicant shall confirm the applicable release rates with the city prior to initiating the design calculations to determine whether a basin-specific rate has been established for the watershed.
            2.   The release rate for pre- developed areas that have more than one outlet must be computed based on pre-developed drainage area tributary to each outlet point. The computed release rate at each outlet point shall not be exceeded at the respective outlet point, even if the post-developed conditions would involve a different arrangement of outlet points. Also, if an outlet control structure includes an orifice to restrict the flow rate, such orifice shall be no less than four inches in diameter, even if the four-inch diameter orifice results in a discharge that exceeds the above-noted general release rates.
         (b)   Site-specific release rates for sites with depressional storage.
            1.   For sites where depressional storage exists, the general release rates provided above may have to be further reduced. If depressional storage exists at the site, site-specific release rates must be calculated according to methodology described in the city’s “Stormwater Technical Standards Manual”, accounting for the depressional storage by modeling it as a pond whose outlet is a weir at an elevation that stormwater can currently overflow the depressional storage area. Post developed release rate for sites with depressional storage shall be the two-year pre-developed peak runoff rate for the post-developed ten-year storm and ten-year pre-developed peak runoff rate for the post-developed 100-year storm. In no case shall the calculated site-specific release rates be larger than general release rates provided above.
            2.   Also note that, for determining the post-developed peak runoff rate, the depressional storage must be assumed to be filled unless the city can be assured, through dedicated easement, that the noted storage will be preserved in perpetuity.
         (c)   Management of off-site runoff. 
            1.   Runoff from all upstream tributary areas (off-site land areas) may be bypassed around the detention/retention facility without attenuation. Such runoff may also be bypassed through the detention/retention facility without attenuation, provided that a separate secondary outlet system is incorporated for the safe passage of such flows, i.e., not through the primary outlet of a detention facility. Unless the pond is being designed as a regional detention facility and therefore all off-site runoff to the pond detained, the primary outlet structure shall be sized and the invert elevation of the secondary outlet for bypassing off-site runoff determined according to the on-site runoff only. To accomplish this, the 100-year on-site runoff must be determined by temporarily ignoring the off-site runoff and routed through the pond and through the primary outlet pipe. The resulting pond elevation would be the invert elevation of the secondary outlet. Once the size and location of primary outlet structure and the invert elevation of the secondary outlet for bypassing off-site runoff are determined by considering on-site runoff only, the size of the secondary outlet and the 100-year pond elevation is determined by routing the entire inflow, on-site and off-site, through the pond. Once the 100-year pond elevation is determined in this manner, the crest elevation of the open emergency weir is set at that elevation.
            2.   Note that the efficiency of the detention/retention facility in controlling the on-site runoff may be severely affected if the off-site area is considerably larger than the on-site area. As a general guidance, on-line detention may not be effective in controlling on-site runoff where the ratio of off-site area to on-site area is larger than 5:1. Additional detention (above and beyond that required for on-site area) may be required by the city when the ratio of off-site area to on-site area is larger than 5:1.
         (d)   Downstream restrictions.
            1.   In the event the downstream receiving channel or storm sewer system is inadequate to accommodate the post-developed release rate provided above, then the allowable release rate shall be reduced to that rate permitted by the capacity of the receiving downstream channel or storm sewer system. Additional detention, as determined by the city, shall be required to store that portion of the runoff exceeding the capacity of the receiving storm sewers or watercourses. When such downstream restrictions are suspected, the city may require additional analysis to determine the receiving system’s limiting downstream capacity.
            2.   If the proposed development makes up only a portion of the undeveloped watershed upstream of the limiting restriction, the allowable release rate for the development shall be in direct proportion to the ratio of its drainage area to the drainage area of the entire watershed upstream of the restriction.
   (C)   Grading and building pad elevations.
      (1)   Maximum yard slopes are 3:1 where soil has been disturbed during construction processes. Finished floor elevation or the lowest building entry elevation must be no less than six inches above finished grade around the building. The building’s lowest entry elevation that is adjacent to and facing a road should be a minimum of 15 inches above the road elevation or top of curb.
      (2)   All buildings shall have a minimum flood protection grade shown on the secondary plat. Minimum flood protection grade of all structures fronting a pond or open ditch shall be no less than two feet above any adjacent 100-year local or regional flood elevations, whichever is greater, for all windows, doors, unsealed pipe entrances, window well rim elevations, and any other structure member where floodwaters can enter a building.
      (3)   The lowest floor elevation of all residential, commercial, or industrial structures, located within the special flood hazards area (SFHA), as shown on the FEMA maps, shall be at the flood protection grade and therefore have two feet of freeboard above the 100-year flood elevation.
      (4)   The lowest adjacent grade for residential, commercial, or industrial buildings outside a FEMA or IDNR designated floodplain shall have two feet of freeboard above the flooding source’s 100-year flood elevation under proposed conditions, unless the flooding source is a rear-yard swale. When the flooding source is a rear-yard swale, the lowest adjacent grade for residential, commercial, or industrial buildings shall have two feet of freeboard above the 100-year flood elevation under proposed conditions.
      (5)   The lowest adjacent grade to ponds for all residential, commercial, or industrial buildings (including walkout basement floor elevation) shall be set a minimum of two feet above the 100-year pond elevation or two feet above the emergency overflow weir elevation, whichever is higher. In addition to the lowest adjacent grade requirements, any basement floor must be at least a foot above the permanent water level (normal pool elevation).
      (6)   The 100-year overflow paths throughout the development, whether shown on FEMA maps or not, must be shown as hatched area on the plans. A minimum of 20 feet along the centerline of the 100- year overflow path must be contained within permanent drainage easements. A statement shall be added to the plat that would refer the viewer to the construction plans to see the entire extent of overflow path as hatched areas. No fences or landscaping can be constructed within the easement areas that may impede the free flow of stormwater. These areas are to be maintained by the property owners or be designated as common areas that are to be maintained by the homeowners association. The lowest adjacent grade for all residential, commercial, or industrial buildings shall be set a minimum of one foot above the noted overflow path/ponding elevation, calculated based on all contributing drainage areas, on-site and off-site, in their proposed or reasonably anticipated land use and with storm pipe system assumed completely plugged.
      (7)   It shall be the property owners’ responsibility to maintain the natural features and the natural flow of drainage on their lots and to take preventive measures against any and all erosion or deterioration of natural or human-made features on their lots.
   (D)   Acceptable outlet and adjoining property impact policies.
      (1)   Design and construction of the stormwater facility shall provide for the discharge of the stormwater runoff from off-site land areas as well as the stormwater from the area being developed (on-site land areas) to an acceptable outlet(s) (as determined by the city) having capacity to receive upstream (off-site) and on-site drainage. The flow path from the development outfall(s) to a regulated drain or natural watercourse (as determined by the city) shall be provided on an exhibit that includes topographic information. Any existing field tile encountered during the construction shall also be incorporated into the proposed stormwater drainage system or tied to an acceptable outlet. In addition, no activities conducted as part of the development shall be allowed to obstruct the free flow of flood waters from an upstream property.
      (2)   Where the outfall from the stormwater drainage system of any development flows through real estate owned by others prior to reaching a regulated drain or watercourse, no acceptance shall be granted for such drainage system until all owners of real estate and/or tenants crossed by the outfall consent in writing to the use of their real estate through a recorded easement.
      (3)   If an adequate outlet is not located on-site, then further reduction in allowable release rates or off-site drainage improvements may be required. Those improvements may include, but are not limited to, extending storm sewers, clearing, dredging, or removal of obstructions to open drains or natural water courses, and the removal or replacement of undersized culvert pipes as required by the city.
   (E)   No net loss floodplain storage policy.
      (1)   Floodplains exist adjacent to all natural and human-made streams, regardless of contributing drainage area or whether they have been previously identified or mapped. Due to potential impacts of floodplain loss on peak flows in streams and on the environment, disturbance to floodplains must be avoided. When the avoidance of floodplain disturbance is not practical, the natural functions of floodplain must be preserved to the extent possible.
      (2)   In an attempt to strike a balance between the legitimate need for economic development within the city and the need to preserve the natural functions of floodplains to the extent possible, compensatory excavation equivalent to the floodplain storage lost shall be required for all activities within floodplain of streams located in the city where drainage area of the stream is equal or larger than one square mile. This requirement shall be considered to be above and beyond the minimum requirements provided in the applicable flood hazard areas ordinance currently in effect in the city. The city may alter the compensation ratio, based on extenuating circumstances, for a specific project.
      (3)   Note that, by definition, COMPENSATORY STORAGE is the replacement of the existing floodplain and, in rare exceptions, the floodway storage lost due to fill. Compensatory storage is required when a portion of the floodplain is filled, occupied by a structure, or when as a result of a project a change in the channel hydraulics occurs that reduces the existing available floodplain storage. The compensatory storage must be located adjacent or opposite the placement of the fill and maintain an unimpeded connection to an adjoining floodplain area.
      (4)   Computations must show the provision of compensatory floodplain storage for 10-year, 50-year, and 100-year storm events. That is, the post-development 10-year floodplain storage along a stream shall be equivalent to the 10-year pre-development floodplain storage along the stream within the property limits, the post-development 50-year floodplain storage along a stream shall be equivalent to the 50-year pre-development floodplain storage along the stream within the property limits, and the post-development 100-year floodplain storage along a stream shall be equivalent to the 100-year pre-development floodplain storage along the stream within the property limits.
      (5)   Calculations for floodplain volume shall be submitted in tabular form showing calculations by cross-section. The volume of floodplain storage under the without-project conditions and the with-project conditions must be determined using the average-end-area method with plotted cross-sections at a horizontal to vertical ratio of between 5:1 and 10:1, with 10- through 100-year flood elevations noted on each cross-section. The scale chosen must be large enough to show the intent of proposed grading. Cross-sections must reflect both the existing and proposed conditions on the same plot. The location and extent of the compensatory storage area as well as the location and orientation of cross-sections must be shown on the grading plan.
   (F)   Calculations and design standards and specifications. The calculation methods as well as the type, sizing, and placement of all stormwater facilities shall meet the design criteria, standards, and specifications outlined in the city’s “Stormwater Technical Standards Manual”. The methods and procedures in the “Stormwater Technical Standards Manual” are consistent with the policy stated above.
   (G)   Drainage easement requirements. There shall be no trees or shrubs planted, nor any structures or fences erected, in any drainage easement, unless otherwise allowed by the city.
      (1)   All new channels, drain tiles equal to or greater than 12 inches in diameter, inlet and outlet structures of detention and retention ponds, and appurtenances thereto as required by this section, that are installed in subdivisions requiring a stormwater management permit from the city shall be contained within a minimum of 20 feet of drainage easement (ten feet from centerline on each side) and shown on the recorded plat. New drain tiles refer to all sub-surface stormwater piping, tubing, tiles, manholes, inlets, catch basins, risers, and the like.
      (2)   A minimum of 25 feet from top of the bank on each side of a new channel shall be designated on the recorded plat as a drainage easement. If the top of the bank is not vegetated according to the development’s landscape plan, a minimum 25-foot width of filter strip shall be installed within the drainage easement.
      (3)   Rear-yard swales and emergency overflow paths associated with detention ponds shall be contained within a minimum of 20 feet width (ten feet from centerline on each side) of drainage easement.
      (4)   A minimum of 20 feet beyond the actual footprint (top of the bank) of stormwater detention facilities shall be designated as drainage easement. A minimum of 20-foot width easement shall also be required as access easement from a public right-of-way to the facility, unless the pond is immediately next to a public right-of-way.
   (H)   Placement of utilities. No utility company may disturb existing storm management facilities without the consent of the city. All existing drainage facilities shall have senior rights and damage to said facilities shall result in penalties, as prescribed in § 54.33.
   (I)   Inspection, maintenance, record keeping, and reporting.
      (1)   After the approval of the stormwater management permit by the city and the commencement of construction activities, the city has the authority to conduct inspections of the work being done to ensure full compliance with the provisions of this section, the “Stormwater Technical Standards Manual”, and the terms and conditions of the approved permit.
      (2)   The city also has the authority to perform long-term, post-construction inspection of all public or privately owned stormwater quantity facilities. The inspection will cover physical conditions, available storage capacity, and the operational condition of key facility elements. Stormwater quantity facilities shall be maintained in good condition, in accordance with the terms and conditions of the approved stormwater management permit, and shall not be subsequently altered, revised, or replaced except in accordance with the approved stormwater permit, or in accordance with approved amendments or revisions to the permit. If deficiencies are found during the inspection, the owner of the facility will be notified by the city and will be required to take all necessary measures to correct such deficiencies. If the owner fails to correct the deficiencies within the allowed time period, as specified in the notification letter, the city will undertake the work and collect from the owner using lien rights if necessary.
(Ord. 2006-13, passed 10-26-2006)
§ 54.30 STORMWATER POLLUTION PREVENTION FOR CONSTRUCTION SITES.
   (A)   Applicability and exemptions.
      (1)   The city requires that a stormwater pollution prevention plan (SWPPP), which includes erosion and sediment control measures and materials handling procedures, to be submitted as part of the construction plans and specifications. Once approved, the developer must comply with the approved plan and abide by all the requirements of the permit. Any project located within the city that includes clearing, grading, excavation, or other land-disturbing activities, resulting in the disturbance of or impact on one acre or more of total land area, is subject to the requirements of this section. This includes both new development and redevelopment. This section also applies to disturbances of less than one acre of land that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb one or more acres of land, within the MS4 area. For sites with a total disturbance less than one acre that are not part of a larger common plan or development, the applicant shall provide an erosion and sediment control plan, as noted in § 54.32. Division (C) provides guidelines for calculating land disturbance.
      (2)   The requirements under this section do not apply to the following activities:
         (a)   Agricultural land-disturbing activities; and
         (b)   Timber harvesting activities.
      (3)   The requirements under this section do not apply to the following activities, provided other applicable state permits contain provisions requiring immediate implementation of soil erosion control measures:
         (a)   Landfills that have been issued a certification of closure under 329 IAC 10;
         (b)   Coal mining activities permitted under I.C. 14-34; and
         (c)   Municipal solid waste landfills that are accepting waste pursuant to a permit issued by the State Department of Environmental Management under 329 IAC 10 that contains equivalent stormwater requirements, including the expansion of landfill boundaries and construction of new cells either within or outside the original solid waste permit boundary.
      (4)   The owner or operator of each individual lot where land disturbance is expected to be one acre or more must complete their own notice of intent letter, apply for an improvement location permit (ILP) from the city, and ensure that a sufficient construction and stormwater pollution prevention plan is completed and submitted in accordance with § 54.32, regardless of whether the individual lot is part of a larger permitted project site.
      (5)   An individual lot with land disturbance or impact less than one acre, located within a larger permitted project site, is considered part of the larger permitted project site and the individual lot operator must, at a minimum, comply with the terms and conditions of the stormwater pollution prevention plan approved for the larger project site. The development plans for the larger project site must include detailed erosion and sediment control and material handling measures for individual lots. In addition, the owner or operator of these individual lots are required to submit as part of their improvement location permit (ILP), a stormwater pollution prevention plan in the form of an individual lot plot plan detailing erosion and sediment control measures and material handling procedures that will be followed for the duration of construction. Details of the permitting process are contained in § 54.32.
      (6)   An individual lot with land disturbance or impact of greater than 10,000 square feet but less than one acre must include, as part of the improvement location permit (ILP), a stormwater pollution prevention plan in the form of an individual lot plot plan detailing erosion and sediment control and material handling procedures.
      (7)   It is the responsibility of the project site owner to complete an improvement location permit application and ensure that a sufficient construction plan is completed and submitted to the city in accordance with § 54.32. It is the responsibility of the project site owner and permit holder to ensure compliance with this subchapter during the construction activity and implementation of the construction plan, and in following and implementing all best management practices, and to notify the city with a sufficient notice of termination letter upon completion of the project and stabilization of the site. However, all persons engaging in construction and land-disturbing activities on a permitted project site meeting the applicability requirements must comply with the requirements of this section and this subchapter.
   (B)   Policy on stormwater pollution prevention. Effective stormwater pollution prevention on construction sites is dependent on a combination of preventing movement of soil from its original position (erosion control), intercepting displaced soil prior to entering a waterbody (sediment control), and proper on-site materials handling. The developer must submit to the city a SWPPP with detailed erosion and sediment control plans as well as a narrative describing materials type and specification, handling and storage, and construction sequencing. The following principles apply to all land-disturbing activities and must be considered in the preparation of a stormwater pollution prevention plan within the city.
      (1)   Minimize the potential for soil erosion by designing a development that fits the topography and soils of the site. Deep cuts and fills in areas with steep slopes must be avoided wherever possible, and natural contours must be followed as closely as possible;
      (2)   Existing natural vegetation must be retained and protected wherever possible. Areas immediately adjacent (within 30 feet of top of bank) to watercourses and lakes also must be left undisturbed wherever possible. Unvegetated or vegetated areas with less than 70% cover that are scheduled or likely to be left inactive for 15 days or more must be temporarily or permanently stabilized with measures appropriate for the season to reduce erosion potential. Alternative measures to site stabilization may be acceptable if the project site owner or their representative can demonstrate they have implemented and maintained erosion and sediment control measures adequate to prevent sediment discharge from the inactive area;
      (3)   All activities on a site must be conducted in a logical sequence so that the smallest practical area of land will be exposed for the shortest practical period of time during development;
      (4)   The length and steepness of designed slopes must be minimized to reduce erosion potential. Drainage channels and swales must be designed and adequately protected so that their final gradients and resultant velocities will not cause erosion in the receiving channel or at the outlet. Methods for determining acceptable velocities are included in the “Stormwater Technical Standards Manual”;
      (5)   Sediment-laden water which otherwise would flow from the project site shall be treated by erosion and sediment control measures appropriate to minimize sedimentation. A stable and erosion resistant construction site access point (i.e., crushed stone, slag, aggregate, and the like) shall be provided at all points of construction traffic ingress and egress to the project site;
      (6)   Appropriate measures shall be implemented to prevent wastes or unused building materials, including garbage, debris, packaging material, fuels and petroleum products, hazardous materials or wastes, cleaning wastes, wastewater, concrete truck washout, and other substances from being carried from a project site by runoff or wind. Identification of areas where concrete truck washout is permissible must be clearly posted at appropriate areas of the site. Wastes and unused building materials shall be managed and disposed of in accordance with all applicable state statutes and regulations. Proper storage and handling of materials such as fuels or hazardous wastes, and spill prevention and cleanup measures shall be implemented to minimize the potential for pollutants to contaminate surface or ground water or degrade soil quality;
      (7)   Public or private roadways shall be kept cleared of accumulated sediment that is a result of runoff or tracking. Bulk clearing of accumulated sediment shall not include flushing the area with water. Cleared sediment shall be redistributed or disposed of in a manner that is in accordance with all applicable statutes and regulations;
      (8)   Collected runoff leaving a project site must be either discharged directly into a well-defined, stable receiving channel, or diffused and released to adjacent property without causing an erosion or pollutant problem to the adjacent property owner; and
      (9)   Natural features, including wetlands, shall be protected from pollutants associated with stormwater runoff.
   (C)   Calculations and design standards and specifications.
      (1)   In calculating the total area of land disturbance, for the purposes of determining applicability of this section to the project, the following guidelines must be used.
         (a)   Off-site construction activities that provide services (for example, road extensions, sewer, water, and other utilities) to a land-disturbing project site must be considered as a part of the total land disturbance calculation for the project site, when the activity is under the control of the project site owner.
         (b)   Strip developments will be considered as one project site and must comply with this section unless the total combined disturbance on all individual lots is less than one acre and is not part of a larger common plan of development or sale.
         (c)   To determine if multi-lot project sites are regulated by this rule, the area of land disturbance shall be calculated by adding the total area of land disturbance for improvements, such as roads, utilities, or common areas, and the expected total disturbance on each individual lot, as determined by the following:
            1.   Construction of a single-family residential project site where the lots are one-half acre or more, one-half acre of land disturbance must be used as the expected lot disturbance;
            2.   Construction of a single-family residential project site where the lots are less than one-half acre in size, the total lot must be calculated as being disturbed; and
            3.   To calculate lot disturbance on all other types of projects sites, such as industrial and commercial projects project sites, a minimum of one acre of land disturbance must be used as the expected lot disturbance, unless the lots are less than one acre in size, in which case the total lot must be calculated as being disturbed.
      (2)   The calculation methods as well as the type, sizing, and placement of all stormwater pollution prevention measures for construction sites shall meet the design criteria, standards, and specifications outlined in the latest editions of the state’s “Stormwater Quality Manual” and the city’s “Stormwater Technical Standards Manual”. The methods and procedures included in these two references are in keeping with the above stated policy and meet the requirements of IDEM’s Rule 5. A copy of the state’s “Stormwater Quality Manual” may be obtained through IDEM.
   (D)   Inspection, maintenance, record keeping, and reporting.
      (1)   Following approval of the development plan or improvement location permit, the city will have the authority to conduct inspections of the site to ensure full compliance with the provisions of this section, the latest edition of the state’s “Stormwater Quality Manual”, and the terms and conditions of the approved permit.
      (2)   A self-monitoring program must be implemented by the project site owner or permit holder to ensure the stormwater pollution prevention plan is working effectively. A trained individual, acceptable to the city, shall perform a written evaluation of the project site by the end of the next business day following each measurable storm event. If there are no measurable storm events within a given week, the site must be monitored at least once in that week. Weekly inspections by the trained individual shall continue until the entire site has been stabilized and a notice of termination has been issued. The trained individual must look at the maintenance of existing stormwater pollution prevention measures, including erosion and sediment control measures, drainage structures, and construction materials storage/containment facilities, to ensure they are functioning properly and that they are not dismantled or tampered with by others. The trained individual must also identify additional measures, beyond those originally identified in the stormwater pollution prevention plan, necessary to remain in compliance with all applicable statutes and regulations.
      (3)   The resulting evaluation reports must include the name of the individual performing the evaluation, the date of the evaluation, problems identified at the project site, and details of maintenance, additional measures, and corrective actions recommended and completed.
      (4)   The stormwater pollution prevention plan shall serve as a guideline for stormwater quality, but shall not be interpreted to be the only basis for implementation of stormwater quality measures for a project site. The project site owner and permit holder is responsible for implementing, in accordance with this section, all measures necessary to adequately prevent polluted stormwater runoff. Recommendations by the trained individual for modified stormwater quality measures must be implemented.
      (5)   Although self-monitoring reports do not need to be submitted, the city has the right to request complete records of maintenance and monitoring activities involving stormwater pollution prevention measures. All evaluation reports for the project site must be made available to the city in an organized fashion within 48 hours upon request.
(Ord. 2006-13, passed 10-26-2006; Ord. 2019-25, passed on 5-13-2020)
§ 54.31 STORMWATER QUALITY MANAGEMENT FOR POST-CONSTRUCTION.
   (A)   Applicability and exemptions.
      (1)   In addition to the requirements of § 54.30, the stormwater pollution prevention plan, which is to be submitted to the city as part of the stormwater management permit application, must also include post-construction stormwater quality measures. These measures are incorporated as a permanent feature into the site plan and are left in place following completion of construction activities to continuously treat stormwater runoff from the stabilized site. Any project located within the city that includes clearing, grading, excavation, or other land-disturbing activities, resulting in the disturbance of or impact on one acre or more of total land area, is subject to the requirements of this section. This includes both new development and redevelopment, and disturbances of less than one acre of land that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb one or more acres of land within the MS4 area.
      (2)   The requirements under this section do not apply to the following activities:
         (a)   Agricultural land-disturbing activities;
         (b)   Timber harvesting activities;
         (c)   Construction activities associated with a single-family residential dwelling disturbing less than five acres, when the dwelling is not part of a larger common plan of development or sale;
         (d)   Single-family residential developments consisting of four or less lots;
         (e)   A single-family residential strip development where the developer offers for sale or lease without land improvements and the project is not part of a larger common plan of development of sale; or
         (f)   Individual building lots within a larger permitted project.
      (3)   The requirements under this section do not apply to the following activities, provided other applicable state permits contain provisions requiring immediate implementation of soil erosion control measures:
         (a)   Landfills that have been issued a certification of closure under 329 IAC 10;
         (b)   Coal mining activities permitted under I.C. 14-34; and
         (c)   Municipal solid waste landfills that are accepting waste pursuant to a permit issued by the State Department of Environmental Management under 329 IAC 10 that contains equivalent stormwater requirements, including the expansion of landfill boundaries and construction of new cells either within or outside the original solid waste permit boundary.
      (4)   It will be the responsibility of the project site owner to complete a stormwater permit application and ensure that a sufficient construction plan is completed and submitted to the city in accordance with § 54.32. It will be the responsibility of the project site owner or permit holder to ensure proper construction and installation of all stormwater BMPs in compliance with this subchapter and with the approved stormwater management permit, and to notify the city with a sufficient notice of termination letter upon completion of the project and stabilization of the site. However, all eventual property owners of stormwater quality management facilities meeting the applicability requirements must comply with the requirements of this section and this subchapter.
   (B)   Policy on stormwater quality management.
      (1)   It is recognized that developed areas, as compared to undeveloped areas, generally have increased imperviousness, decreased infiltration rates, increased runoff rates, and increased concentrations of pollutants such as fertilizers, herbicides, greases, oil, salts, and other pollutants. As new development and re-development continues in the city, measures must be taken to intercept and filter pollutants from stormwater runoff prior to reaching regional creeks, streams, and rivers. It is presumed that through the use of best management practices (BMP), stormwater runoff will be filtered and harmful amounts of sediment, nutrients, and contaminants will be removed. The city has established a minimum standard that the measurement of the effectiveness of the control of stormwater quality will be based on the management of total suspended solids (TSS).
      (2)   The project site owner must submit to the city a stormwater pollution prevention plan (SWPPP) that will show placement of appropriate BMP(s) from a pre-approved list of BMPs specified in the city’s “Stormwater Technical Standards Manual”. The noted BMPs must be designed, constructed, and maintained according to guidelines provided or referenced in the city’s “Stormwater Technical Standards Manual”. Practices other than those specified in the pre-approved list may be utilized. However, the burden of proof, as to whether the performance (minimum 80% TSS removal) and ease of maintenance of such practices will be according to guidelines provided in the city’s “Stormwater Technical Standards Manual”, would be placed with the applicant. Details regarding the procedures and criteria for consideration of acceptance of such BMPs are provided in the city’s “Stormwater Technical Standards Manual”.
      (3)   Gasoline outlets and refueling areas must install appropriate practices to reduce lead, copper, zinc, and hydrocarbons in stormwater runoff. These requirements will apply to all new facilities, any existing facilities that replace storage tanks, or any facility that is contributing to water quality degradation through tank leakage, sheet drainage, or any other conveyance that introduces a pollutant to surface or ground waters.
   (C)   Calculations and design standards and specifications.
      (1)   Calculation of land disturbance must follow the guidelines discussed in § 54.30(C).
      (2)   The calculation methods as well as the type, sizing, and placement of all stormwater quality management measures, or BMPs shall meet the design criteria, standards, and specifications outlined in the latest editions of the state’s “Stormwater Quality Manual” and the city’s “Stormwater Technical Standards Manual”. The methods and procedures included in these two references are in keeping with the above stated policy and meet the requirements of IDEM’s Rule 13.
   (D)   Easement requirements. All stormwater quality management systems, including detention or retention basins, filter strips, pocket wetlands, in-line filters, infiltration systems, conveyance systems, structures, and appurtenances located outside of the right-of-way shall be designated as common areas or incorporated into permanent drainage easements. A 20-foot wide access easement from the public right-of-way shall be provided for each BMP. An adequate easement, as detailed in the city’s “Stormwater Technical Standards Manual”, beyond the actual footprint of the stormwater quality management facility must also be provided for the purposes of monitoring, inspection, and general maintenance activities.
   (E)   Inspection, maintenance, record keeping, and reporting.
      (1)   After the approval of the stormwater management permit, the city has the authority to conduct inspections of the work being done to ensure full compliance with the provisions of this section, the “Stormwater Technical Standards Manual”, and the terms and conditions of the approved permit.
      (2)   Stormwater quality management facilities shall be maintained in good condition, in accordance with the operation and maintenance procedures and schedules listed in the latest editions of the state’s “Stormwater Quality Manual” and the city’s “Stormwater Technical Standards Manual”, and the terms and conditions of the approved stormwater permit, and shall not be subsequently altered, revised, or replaced except in accordance with the approved stormwater permit, or in accordance with approved amendments or revisions in the permit. Following construction completion, maintenance of stormwater quality facilities shall be the long-term responsibility of the facility’s owner.
      (3)   The city has the authority to perform long-term, post-construction inspection of all public or privately owned stormwater quality facilities. The inspections will follow the operation and maintenance procedures included in the “Stormwater Technical Standards Manual” or permit application for each specific BMP. The inspection will cover physical conditions, available water quality storage capacity, and the operational condition of key facility elements. Noted deficiencies and recommended corrective action will be included in an inspection report. If deficiencies are found during the inspection, the owner of the facility will be notified by the city and will be required to take all necessary measures to correct such deficiencies. If the owner fails to correct the deficiencies within the allowed time period, as specified in the notification letter, the city will undertake the work and collect from the owner using lien rights if necessary.
(Ord. 2006-13, passed 10-26-2006)
§ 54.32 PERMIT REQUIREMENTS AND PROCEDURES.
   (A)   Conceptual drainage plan review.
      (1)   In order to establish that an adequate drainage outlet(s) exists for a proposed development, a developer may apply for a conceptual drainage plan review by the city. Note that any preliminary drainage approval by the city as a result of such a review is based on preliminary data and shall not be construed as a final drainage approval or considered binding on either party.
      (2)   The following is a general listing of minimum data requirements for the review of conceptual drainage plans:
         (a)   Complete sets of conceptual plans showing general project layout, including existing and proposed drainage systems and proposed outlets (plan sheets must be larger than 11 inches by 17 inches, but not to exceed 24 inches by 36 inches);
         (b)   General description of the existing and proposed drainage systems in narrative form;
         (c)   Watershed boundaries on the city’s one-foot or two-foot topographic mapping;
         (d)   Existing watercourse or regulated drains; and
         (e)   Letter of intent for obtaining any needed consents, off-site easements, right-of-way, or regulatory permits.
   (B)   Permit procedures.
      (1)   This section applies to all development, or re-development of land, that are subject to this subchapter as specified in § 54.21. Individual lots with a land disturbance of greater than 10,000 square feet and less than one acre must refer to § 54.32(D) for plan review requirements and procedures.
      (2)   Figure 6-1 is a flowchart summarizing the plan review/permit approval process and can be found in division (K) below. The project site owner shall submit an application for a stormwater management permit to the city. The application will include a draft notice of intent letter (NOI) that would also act as permit application form, construction plan sheets, stormwater drainage technical report, a stormwater pollution prevention plan for construction sites (if the total disturbance is one acre or more), post-construction pollution prevention plan (if the total disturbance is one acre or more), and any other necessary support information. Specific information to be included in the application can be found in division (C) below. Adequate number of copies of each application material, as noted in the “Stormwater Permit Application Check-In Checklist” contained in the city’s Stormwater Technical Standards document, must be submitted to the city. Additionally, a digital copy of the construction plans is required in a format acceptable to the city.
      (3)   After the city receives of the application, the applicant will be notified as to whether the application was complete or insufficient. The applicant will be asked for additional information if the application is insufficient. The information provided will be reviewed in detail by the city or its plan review consultant(s). Once all comments have been received and the review completed, the city will either approve the project or request modifications.
      (4)   Once a permit has been issued, the project site owner must file a notice of intent a minimum of 48 hours prior to the commencement of construction activities. Notification shall be in the form of an updated NOI form. The submittal of the NOI must be provided to the city and the IDEM. The IDEM submittal must include a proof of publication, verification that the jurisdictional entity approved the plan, appropriate fee, and any other information required by IDEM. The city submittal must include copies of the final, approved construction plans, stormwater drainage technical report, stormwater pollution prevention plan for construction sites (if the total disturbance is one acre or more), post-construction stormwater pollution prevention plan, the written notification, and proof of publication. The number of required copies varies from case to case and must be determined by contacting the city. A pre-construction meeting is required to be held with the participation of the city and other entities involved prior to any grading activity to ensure that appropriate perimeter control measures have been implemented on the site and the location of any existing tiles has been properly marked.
      (5)   Once construction starts, the project owner shall monitor construction activities and inspect all stormwater pollution prevention measures in compliance with this subchapter and the terms and conditions of the approved permit. Upon completion of construction activities, as-built plans must be submitted to the city. A notice of termination (NOT) shall be sent to the city once the construction site has been stabilized and all temporary erosion and sediment control measures have been removed. The city, or a representative, shall inspect the construction site to verify the requirements for an NOT have been met. Once the applicant receives a “verified” copy of the NOT, they must forward a copy to IDEM. Permits issues under this scenario will expire three years from the date of issuance. If construction is not completed within three years, the NOI must be resubmitted at least 90 days prior to expiration.
   (C)   Information requirements: development or redevelopment disturbing or impacting greater than one acre.
      (1)   Specific projects or activities may be exempt from all or part of the informational requirements listed below. Exemptions are detailed in §§ 54.28 through 54.31. If a project or activity is exempt from any or all requirements of this subchapter, an application must be filed listing the exemption criteria met, in lieu of the information requirements listed below. This level of detailed information is not required from individual lots that disturb or impact less than one acre of land that are developed within a larger permitted project site. Review and acceptance of such lots is covered under § 54.32(D).
      (2)   The different elements of a permit submittal for a stormwater plan approval include a draft notice of intent (NOI), construction plans, a stormwater drainage technical report, a stormwater pollution prevention plan for active construction sites, a post-construction stormwater pollution prevention plan, and any other necessary supporting information. In addition, an updated NOI along with proof of publication of a public notice will need to be submitted directly to IDEM, with a copy provided to the city after the permit is approved. All plans, reports, calculations, and narratives shall be signed and sealed by a professional engineer or a licensed land surveyor registered in the state.
         (a)   Draft notice of intent.
            1.   The NOI is a standard form developed by the State Department of Environmental Management which requires general project information. As part of the city’s stormwater management permit application package, the NOI form must be completed in full based on data and information available at the time of application.
            2.   An updated version of this form, accompanied by proof of publication in a newspaper of general circulation in the affected area that notified the public that a construction activity is to commence, will need to be resubmitted later after the stormwater management permit is granted and at least 48 hours prior to commencement of construction. The publication must include the following language:
               “(Company name, address) is submitting an NOI letter to notify the City of Greenfield and the Indiana Department of Environmental Management of our intent to comply with the requirements of the City of Greenfield Stormwater Management Ordinance, as well as the requirements of 327 IAC 15-2-2 and 327 IAC 15-6, to discharge stormwater from construction activities for the following project: (name of the construction project, address of the location of the construction project, and Parcel Identification Number). Runoff from the project site will discharge to (stream(s) receiving the discharge(s)).”
         (b)   Construction plans. Construction plan sheets (a minimum of 11 inches by 17 inches, but not to exceed 24 inches by 36 inches in size) with a scale of one inch = 20 feet, 30 feet, 40 feet, 50 feet, or 60 feet and an accompanying narrative report shall describe and depict the existing and proposed conditions. This must be submitted in digital format acceptable to the city as well as hard copy. Note that in order to gain an understanding of and to evaluate the relationship between the proposed improvements for a specific project section/phase and the proposed improvements for an overall multi-section (phased) project, the detailed information requested herein for the first section/phase being permitted must be accompanied by an overall project plan that includes the location, dimensions, and supporting analyses of all detention/retention facilities, primary conveyance facilities, and outlet conditions. Construction plans need to include the following detailed items:
            1.   Title sheet which includes location map, vicinity map, operating authority, design company name, developer name, and index of plan sheets;
            2.   A copy of a legal boundary survey for the site, performed in accordance with IAC Rule 12 of Title 865 or any applicable and subsequently adopted rule or regulation for the subdivision limits, including all drainage easements and wetlands;
            3.   A reduced plat or project site map showing the parcel identification numbers, lot numbers, lot boundaries, easements, and road layout and names. The reduced map must be legible and submitted on a sheet or sheets no larger than 11 inches by 17 inches for all phases or sections of the project site;
            4.   An existing project site layout that must include the following information:
               a.   A topographic map of the land to be developed and such adjoining land whose topography may affect the layout or drainage of the development. The contour intervals shall be one foot when slopes are less than or equal to 2% and shall be two feet when slopes exceed 2%. All elevations shall be given in North American Vertical Datum of 1988 (NAVD). The horizontal datum of topographic map shall be based on State Plane Coordinates, NAD83, as amended or updated. The map will contain a notation indicating these datum information. The names of adjoining property owners must be labeled on the map.
                  i.   If the project site is less than or equal to two acres in total land area, the topographic map shall include all topography of land surrounding the site to a distance of at least 100 feet.
                  ii.   If the project site is greater than two acres in total land area, the topographic map shall include all topography of land surrounding the site to a distance of at least 200 feet.
               b.   Location, name, and normal water level of all wetlands, lakes, ponds, and water courses on or adjacent to the project site;
               c.   Location of all existing structures on the project site;
               d.   One hundred-year floodplains, floodway fringes, floodways, and date reference information used to establish such. Please note if none exists;
               e.   Identification and delineation of vegetative cover such as grass, weeds, brush, and trees on the project site;
               f.   Location of storm, sanitary, combined sewer, and septic tank systems and outfalls;
               g.   Apparent land use of all adjacent properties;
               h.   Identification and delineation of sensitive areas;
               i.   The location of regulated drains, farm drains, inlets, and outfalls, if any of record, along with recordation number, and the like;
               j.   Location of all existing cornerstones within the proposed development and a plan to protect and preserve them; and
               k.   Date topographic survey (field work) was performed.
            5.   A grading and drainage plan, including the following information:
               a.   All information from the existing site layout items listed above;
               b.   Location of all proposed site improvements, including roads, utilities, lot delineation and identification, proposed structures, and common areas, along with finished floor elevations of all living areas;
               c.   One hundred-year floodplains, floodway fringes, floodways, and date reference information used to establish such. Please note if none exists;
               d.   Delineation of all proposed land-disturbing activities, including off-site activities that will provide services to the project site;
               e.   Information regarding any off-site borrow, stockpile, or disposal areas that are associated with a project site, and under the control of the project site owner;
               f.   Existing and proposed topographic information at a contour interval appropriate to indicate drainage patterns;
               g.   Location, size, and dimensions of all existing streams to be maintained, and new drainage systems such as culverts, bridges, storm sewers, conveyance channels, and 100-year overflow paths/ponding areas shown as hatched areas, along with all associated easements;
               h.   Pipes and associated structures data, including sizes, lengths, and material;
               i.   Location, size, and dimensions of features such as permanent retention or detention facilities, including natural or constructed wetlands, used for the purpose of stormwater management. Include existing retention or detention facilities that will be maintained, enlarged, or otherwise altered and new ponds or basins to be built;
               j.   Emergency flood routing path(s) and their invert elevations from detention facilities to the receiving system;
               k.   One or more typical cross-sections of all existing and proposed channels or other open drainage facilities (including existing retention or detention facilities) carried to a point above the 100-year high water and showing the elevation of the existing land and the proposed changes, together with the high water elevations expected from the 100-year storm under the controlled conditions called for by this subchapter, and the relationship of structures, streets, and other facilities;
               l.   A drainage summary, which summarizes the basic conditions of the drainage design, including site acreage, off-site/upstream acreage, allowable release rates, post-developed 10-year, and 100-year flows leaving the site, volume of detention required, volume of detention provided, and any release rate restrictions;
               m.   Arrows designating the direction of stormwater runoff; and
               n.   Spot elevations appropriate to define elevations.
            6.   Utility plan sheet(s) showing the location of all existing and proposed utility lines for the project, including all available information related to the utilities, such as pipe size and material, and invert elevations;
            7.   Storm sewer plan/profile sheet(s) at a scale of five vertical and 50 horizontal showing the elevation, size, length, location of all proposed storm sewers. Existing and proposed ground grades, storm sewer structures elevations, and utility crossings also must be included. The actual correct datum (not an assumed one) must be used for the profile sheets and all pipe inverts, top of casting elevations, casting types, structure numbers, and pipe slopes clearly labeled;
            8.   A plat on the same sheet size used for recording (both in hard copy and digital format acceptable to the city), including the following information:
               a.   Legal description;
               b.   Cross reference to Rule 12; and
               c.   Regulated drain statement and table.
            9.   Proposed subdivision landscape plans;
            10.   A copy of the subdivision covenants; and
            11.   Any other information required by the city in order to thoroughly evaluate the submitted material.
         (c)   Stormwater drainage technical report. A written stormwater drainage technical report must contain a discussion of the steps taken in the design of the stormwater drainage system. Note that in order to gain an understanding of and to evaluate the relationship between the proposed improvements for a specific project section/phase and the proposed improvements for an overall multi-section (phased) project, the detailed information requested herein for the first section/phase being permitted must be accompanied by an overall project plan that includes the location, dimensions, and supporting analyses of all detention/retention facilities, primary conveyance facilities, and outlet conditions. The technical report needs to include the following detailed items:
            1.   A summary report, including the following information:
               a.   Description of the nature and purpose of the project;
               b.   The significant drainage problems associated with the project;
               c.   The analysis procedure used to evaluate these problems and to propose solutions;
               d.   Any assumptions or special conditions associated with the use of these procedures, especially the hydrologic or hydraulic methods;
               e.   The proposed design of the drainage control system;
               f.   The results of the analysis of the proposed drainage control system showing that it does solve the project’s drainage problems and that it meets the requirements of the ordinance and these standards. This must include a table summarizing, for each eventual site outlet, the pre-developed acreage tributary to each eventual site outlet, the unit discharge allowable release rate used, the resulting allowable release rate in cfs for the post-developed 10-year and 100-year events, pre-developed two-year flow rates in cfs as well as pre- and post-developed flow rates for 10- and 100-year events. The worksheet provided in the city’s “Stormwater Technical Standards Manual” as Table 6-1 must be filled and submitted as part of the report. Any hydrologic or hydraulic calculations or modeling results must be adequately cited and described in the summary description. If hydrologic or hydraulic models are used, the input and output files for all necessary runs must be included in the appendices. A map showing any drainage area subdivisions used in the analysis must accompany the report;
               g.   Soil properties, characteristics, limitations, and hazards associated with the project site and the measures that will be integrated into the project to overcome or minimize adverse soil conditions;
               h.   A narrative and photographic record of the condition of the downstream receiving system; and
               i.   Identification of any other state or federal water quality permits that are required for construction activities associated with the owner’s project site. Proof of errors and omissions insurance for the registered professional engineer or licensed land surveyor showing a minimum amount of $1,000,000 in coverage.
            2.   A hydrologic/hydraulic analysis, consistent with the methodologies and calculation included in the city’s “Stormwater Technical Standards Manual”, and including the following information:
               a.   A hydraulic report detailing existing and proposed drainage patterns on the subject site. The report must include a description of present land use and proposed land use. Any off-site drainage entering the site or any downstream restrictions must be addressed as well. This report must be comprehensive and detail all of the steps the engineer took during the design process;
               b.   All hydrologic and hydraulic computations must be included in the submittal. These calculations must include, but are not limited to, the following: runoff curve numbers and runoff coefficients, runoff calculations, stage-discharge relationships, times-of-concentration, and storage volumes;
               c.   Copies of all computer runs. These computer runs must include both the input and the outputs. Electronic copies of the computer runs with input files must also be included;
               d.   A set of exhibits must be included showing the drainage sub-areas and a schematic detailing of how the computer models were set up;
               e.   A conclusion which summarizes the hydraulic design and details how this design satisfies this subchapter; and
               f.   Signed and certified (stamped) by a professional engineer or licensed surveyor registered in the state.
         (d)   Stormwater pollution prevention plan for construction sites. Construction sites with total disturbance of one acre or more, or construction sites with a high probability of runoff impact on a waterbody or drainage system, must provide a stormwater pollution prevention plan associated with construction activities that are designed to, at a minimum, meet the requirements of this subchapter and must include the following information: construction sites with land disturbances totaling less than one acre must provide appropriate erosion and sediment control measures that are consistent with the city’s technical standards must be designed and shown on the plans.
            1.   Location, dimensions, detailed specifications, and construction details of all temporary and permanent stormwater quality measures;
            2.   Soil map of the predominant soil types, as determined by the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) Soil Survey, or as determined by a soil scientist. Hydrologic classification for soils must be shown when hydrologic methods requiring soils information are used. A soil legend must be included with the soil map;
            3.   Fourteen-Digit Watershed Hydrologic Unit Code;
            4.   An estimate of the peak discharge, based on the ten-year storm 24-hour event, of the project site for post-construction conditions;
            5.   Locations where stormwater may be directly discharged into groundwater, such as abandoned wells or sinkholes. Please note if none exists;
            6.   Locations of specific points where stormwater discharge will leave the project site;
            7.   Name of all receiving waters. If the discharge is to a separate municipal storm sewer, identify the name of the municipal operator and the ultimate receiving water;
            8.   Temporary stabilization plans and sequence of implementation;
            9.   Permanent stabilization plans and sequence of implementation;
            10.   Temporary and permanent stabilization plans shall include the following:
               a.   Specifications and application rates for soil amendments and seed mixtures; and
               b.   The type and application rate for anchored mulch.
            11.   General construction sequence of how the project site will be built, including phases of construction and the associated time of year they are expected to be done;
            12.   Construction sequence describing the relationship between implementation of stormwater quality measures and stages of construction activities;
            13.   Location of all soil stockpiles and borrow areas;
            14.   A typical erosion and sediment control plan for individual lot development;
            15.   Self-monitoring program including plan and procedures;
            16.   A description of potential pollutant sources associated with the construction activities, which may reasonably be expected to add a significant amount of pollutants to stormwater discharges;
            17.   Material handling and storage associated with construction activity shall meet the spill prevention and spill response requirements in 327 IAC 2-6.1; and
            18.   Name, address, telephone number, and list of qualifications of the trained individual in charge of the mandatory stormwater pollution prevention self-monitoring program for the project site.
         (e)   Post-construction stormwater pollution prevention plan. The post-construction stormwater pollution prevention plan must include the following information:
            1.   A description of potential pollutant sources from the proposed land use, which may reasonably be expected to add a significant amount of pollutants to stormwater discharges;
            2.   Location, dimensions, detailed specifications, and construction details of all post-construction stormwater quality measures;
            3.   A description of measures that will be installed to control pollutants in stormwater discharges that will occur after construction activities have been completed. Such practices include infiltration of runoff, flow reduction by use of open vegetated swales and natural depressions, buffer strip and riparian zone preservation, filter strip creation, minimization of land disturbance and surface imperviousness, maximization of open space, and stormwater retention and detention ponds;
            4.   A sequence describing when each post-construction stormwater quality measure will be installed;
            5.   Stormwater quality measures that will remove or minimize pollutants from stormwater run-off;
            6.   Stormwater quality measures that will be implemented to prevent or minimize adverse impacts to stream and riparian habitat; and
            7.   An operation and maintenance manual (in a separate cover) for all post-construction stormwater quality measures to facilitate their proper long term function. This operation and maintenance manual shall be made available to future parties who will assume responsibility for the operation and maintenance of the post-construction stormwater quality measures. The manual shall include the following:
               a.   Contact information for the BMP owner (i.e., name, address, business phone number, cell phone number, pager number, e-mail address, and the like);
               b.   A statement that the BMP owner is responsible for all costs associated with maintaining the BMP;
               c.   A right-of-entry statement allowing city personnel to inspect and maintain the BMP;
               d.   Specific actions to be taken regarding routine maintenance, remedial maintenance of structural components, and sediment removal. Sediment removal procedures must be explained in both narrative and graphical forms. A tabular schedule must be provided listing all maintenance activities and dates for performing these required maintenance activities; and
               e.   Site drawings showing the location of the BMP and access easement, cross-sections of BMP features (i.e. pond, forebay(s), structural components, and the like), and the point of discharge for stormwater treated by the BMP. These drawings need to be submitted both in hard copy and in digital format acceptable to the city.
   (D)   Information requirements: development of individual lots disturbing or impacting between 10,000 square feet and one acre.
      (1)   Individual lots disturbing or impacting between 10,000 square feet and one acre, either individually or as part of a larger permitted project, must submit an individual stormwater pollution prevention plan, in the form of a lot plot plan, with an improvement location permit. All stormwater management measures for individual lots within a larger permitted project must, at a minimum, be implemented in accordance with the permitted plan for the larger project.
      (2)   The following information must be submitted by the individual lot operator to the city for review:
         (a)   Information required under § 155.098 of the Unified Development Ordinance.
         (b)   Erosion and sediment control plan that, at a minimum, includes the following measures:
            1.   Installation and maintenance of a stable construction site access;
            2.   Installation and maintenance of appropriate perimeter erosion and sediment control measures prior to land disturbance;
            3.   Minimization of sediment discharge and tracking from the lot;
            4.   Clean-up of sediment that is either tracked or washed onto roads. Bulk clearing of sediment shall not include flushing the area with water. Cleared sediment must be redistributed or disposed of in a manner that is in compliance with all applicable statutes and rules;
            5.   Adjacent lots disturbed by an individual lot operator must be repaired and stabilized with temporary or permanent surface stabilization; and
            6.   Self-monitoring program including plan and procedures.
         (c)   Certification of compliance stating that the individual lot plan is consistent with the stormwater management permit, as approved by the city for the larger project; and
         (d)   Name, address, telephone number, and list of qualifications of the trained individual in charge of the mandatory stormwater pollution prevention self-monitoring program for the project site.
      (3)   The individual lot operator is responsible for installation and maintenance of all erosion and sediment control measures until the site is stabilized.
   (E)   Changes to plans. Any changes or deviations in the detailed plans and specifications after approval of the applicable stormwater pollution prevention plan shall be filed with, and accepted by, the city prior to land development involving the change. Copies of the changes, if accepted, shall be attached to the original plans and specifications.
   (F)   Fee structure.
      (1)   Fee amount. As a condition of the submittal and the review of development plans by the city, the applicant shall pay the city the applicable fee, as set by the Board, with respect to the review of all drainage submittals, preliminary plans, final plans, construction plans, and accompanying information and data, as well as any applicable pre-paid inspection fees.
      (2)   Time of payment.
         (a)   Before the city’s approval of plans, the city will furnish a written statement to the applicant specifying the total amount due the city in connection with the review of the applicant’s submittals, plans, and accompanying information and data, including the amount required to be paid by the applicant for review and pre-paid inspection fees.
         (b)   As a condition of acceptance of final drainage plans by the city, the applicant shall pay to the city the sum set forth in said statement. The city may issue such a billing statement before the project advances to the final acceptance stage, and such payment is due by the applicant upon receipt of said billing statement regardless of whether the project is advanced to the final acceptance stage.
         (c)   The city shall have the right to not accept the drainage improvements or to not accept the advancement of any project for which the applicable fees have not been paid.
      (3)   Method of payment.
         (a)   Fees shall be paid by one of the following methods:
            1.   Check;
            2.   Credit card;
            3.   Money order; or
            4.   Such other methods as may be agreed in writing by the city.
         (b)   All checks shall be made payable to the city’s Stormwater Utility.
      (4)   Refund of payment. Fees are refundable or may be waived only if the city determines that compliance by the applicant with this subchapter is not necessary.
   (G)   Required performance assurances. As a condition of approval and issuance of the permit, the city shall require the applicant to provide assurance in the form of an irrevocable letter of credit, a performance bond, or such other instrument or method of security acceptable in writing by the city when the stormwater management plan has been accepted, all applicable fees paid, and before construction begins. Said assurance will guarantee a good faith execution of the stormwater drainage plan, the stormwater pollution prevention plan, the stormwater quality management plan, and any permit conditions. The assurance shall be for an amount equal to at least 110% of the total costs of all stormwater management measures for the entire project. The above mentioned costs shall be based on an estimate as prepared by a professional engineer or land surveyor registered in the state. Said costs shall be for the installation and ongoing monitoring and maintenance of erosion control measures and the construction and ongoing monitoring and maintenance of storm drainage infrastructure, detention/retention facilities, and stormwater quality BMPs, as regulated under this subchapter, until the construction is completed, site is stabilized, and as-built plans are accepted by the city. Assurances shall be for a minimum of $5,000. The intent of this assurance is not only to complete the installation of storm drain infrastructure for the project, but also to assure that adequate stormwater pollution prevention measures are properly installed and maintained. If adequate assurances are set aside by the project site owner for the overall project, proof of total assurance can be submitted in place of an individual stormwater assurance.
   (H)   Terms and conditions of permits.
      (1)   In granting a stormwater management permit, the city may impose such terms and conditions as are reasonably necessary to meet the purposes of this subchapter. The project site owner shall ensure compliance with such terms and conditions. Non-compliance with the terms and conditions of permits will be subject to enforcement as described in § 54.33.
      (2)   The project site owner shall inform all general contractors, construction management firms, grading or excavating contractors, utility contractors, and the contractors that have primary oversight on individual building lots of the terms and conditions of the stormwater management permit and the schedule for proposed implementation.
      (3)   It is the intent of this subchapter to direct the community’s physical growth away from sensitive areas and towards areas that can support it without compromising water quality. In the event that a project site is determined to impact or discharge to a sensitive area or is located in an impact drainage area, the city may require more stringent stormwater quantity and quality measures than detailed in this subchapter or in the latest edition of the state’s “Stormwater Quality Manual”.
         (a)   Determination of sensitive areas. Sensitive areas include highly erodible soils, wetlands, threatened or endangered species habitat, outstanding waters, impaired waters, recreational waters, and surface drinking water sources. A listing of highly erodible soils, outstanding water, impaired water, recreation water, and surface drinking water sources can be found in the city’s “Stormwater Quality Management Plan (SWQMP)” - Part B, dated October 8, 2004 and its updates. Any discharge from a stormwater practice that is a Class V injection well shall meet the state’s groundwater quality standards. If wetlands are suspected on a site, wetland delineation shall be completed in accordance with the methodology established by the U.S. Army Corps of Engineers (COE) and the wetland addressed in accordance to the COE requirements. If the presence of threatened or endangered species habitat is suspected on a site, the site must be evaluated and inspected by a professional experienced in such and the results reported to the city. Special terms and conditions for development determined to impact or discharge to any sensitive area shall be included in the stormwater management permit.
         (b)   Determination of impact drainage areas.
            1.   The following areas shall be designated as impact drainage areas, unless good reason for not including them is presented to the city:
               a.   A floodway or floodplain as designated by the most updated city code dealing with floodplain regulation;
               b.   Land within 75 feet of each bank of any ditch within the county’s regulated drainage system; and
               c.   Land within 75 feet of the centerline of any drain tile or enclosed conduit within the county’s regulated drainage system.
            2.   The Board is authorized, but is not required, to classify certain additional geographical areas as impact drainage areas. In determining impact drainage areas, the Board shall consider such factors as land use, topography, soil type, capacity of existing drains, and distance from adequate drainage facility.
            3.   Land that does not have an adequate outlet, taking into consideration the capacity and depth of the outlet, may be designated as an impact drainage area by the Board. Special terms and conditions for development within any impact drainage area shall be included in the stormwater management permit.
   (I)   Certification of as-built plans. After completion of construction of the project and before final project acceptance of the stormwater management plan (the issuance of a “verified” NOT), a professionally prepared and certified “as-built” set of plans (record drawings) by a professional engineer or licensed land surveyor registered in the state shall be submitted to the city for review. These as-built plans/record drawings must be prepared and certified by the engineer of record, i.e., the company/engineer who originally prepared the construction plans. Additionally, a digital copy of the “as-built” plans (record drawings) as well as finalized digital versions of all analyses, models, manuals, and reports that are consistent with the as-built conditions are required in a format accepted by the city. These plans shall include all pertinent data relevant to the completed storm drainage system and stormwater management facilities, and shall include:
      (1)   Pipe size and pipe material;
      (2)   Invert elevations;
      (3)   Top rim elevations;
      (4)   Pipe structure lengths;
      (5)   BMP types, dimensions, and boundaries/easements;
      (6)   “As-planted” plans for BMPs, as applicable;
      (7)   Data and calculations showing detention basin storage volume;
      (8)   Data and calculations showing BMP treatment capacity; and
      (9)   Certified statement on plans stating the completed storm drainage system and stormwater management facilities substantially comply with construction plans and the stormwater management permit as approved by the city. (See certificate in “Stormwater Technical Standards Manual”.)
   (J)   Required maintenance assurances.
      (1)   The property owner, developer, or contractor shall be required to file a three-year maintenance bond or other acceptable guarantee with the city, prior to final project acceptance (the issuance of a “verified” NOT), in an amount not to exceed 20% of the cost of the stormwater drainage system located outside the public road right-of-ways, and in a form satisfactory to the City Attorney in order to assure that such stormwater system installation was done according to standards of good workpersonship, that the materials used in the construction and installation were of good quality and construction, and that such project was done in accordance with the accepted plans, and this subchapter. The bond or other acceptable guarantee shall be in effect for a period of three years after the date of the final project acceptance by the city.
      (2)   To verify that all enclosed drains are functioning properly, visual recordings (via closed circuit television) of such tile drains shall be required, once following the completion of installation (including the installation of all utility mains) and the second time before release of maintenance bonds. These visual recordings will be scheduled by the city, and paid for by the developer. Notices shall be provided to the city within 72 hours following the completion of installation and again at least 60 days prior to the expiration date of the maintenance bond so that the noted recordings may be scheduled. Reports summarizing the results of the noted visual recordings shall be reviewed and accepted by the city before the improvement is recommended for recording and again before maintenance bond would be recommended to be released.
   (K)   Permit approval process flowchart.
(Ord. 2006-13, passed 10-26-2006; Ord. 2019-25, passed on 5-13-2020)
§ 54.33 ENFORCEMENT.
   (A)   Compliance with this subchapter. In addition to the requirements of this subchapter, compliance with all applicable ordinances of the city 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. Violations of the requirements of this subchapter are subject to the penalties listed below.
   (B)   Penalties for violations.
      (1)   Any person found in violation of any provision of this subchapter shall be responsible for a civil infraction and subject to a maximum fine of $2,500 for a first offense, and a maximum of $7,500 for a subsequent offense, plus costs, damages, expenses, and fines levied by regulatory agencies. Each day such violation occurs or continues shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day. The rights and remedies provided for in this section are cumulative and in addition to any other remedies provided by law. An admission or determination of responsibility shall not exempt the offender from compliance with the requirements of this subchapter.
      (2)   Any person who aids or abets a person in a violation of this subchapter shall be subject to the penalties provided in this section.
      (3)   For purposes of this section, SUBSEQUENT OFFENSE means a violation of the provisions of this subchapter committed by the same person within 12 months of a previous violation of the same provision of this subchapter for which said person admitted responsibility or was adjudicated to be responsible.
   (C)   Stop work order.
      (1)   In addition to or independent of the penalties listed above, if land disturbance or impact activities are conducted contrary to the provisions of this subchapter or accepted final stormwater management plans, the city may order the work stopped by notice, in writing, served on any person engaged in the doing or causing of such work to be done, and any such persons shall forthwith stop such work until authorized by the city to proceed with the work. The city may also undertake or cause to be undertaken, any necessary or advisable protective measures to prevent violations of this subchapter or to avoid or reduce the effects of noncompliance herewith. The cost of any such protective measures shall be the responsibility of the owner of the property upon which the work is being done and the responsibility of any person carrying out or participating in the work.
      (2)   Any person who neglects or fails to comply with a stop work order shall, upon conviction, be punished by a fine of not more than $2,500 for a first violation of the subchapter and $7,500 for a second or subsequent violation of the subchapter, and such person shall also pay such costs as may be imposed at the discretion of the court. A permit reinstatement fee may be assessed by the city.
   (D)   Failure to comply or complete. In addition to any other remedies, should any owner fail to comply with the provisions of this subchapter, the city may, after giving notice and opportunity for compliance, have the necessary work done, and the owner shall be required to promptly reimburse the city for all costs of such work.
   (E)   Suspension of access to the storm drain system.
      (1)   Suspension due to emergency situations. The city may, without prior notice, suspend stormwater drainage system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the stormwater drainage system or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the city may take such steps as deemed necessary to prevent or minimize damage to the stormwater drainage system or waters of the United States, or to minimize danger to persons.
      (2)   Suspension due to the detection of illicit discharge. Any person discharging to the stormwater drainage system in violation of this subchapter may have their stormwater drainage system access terminated if such termination would abate or reduce an illicit discharge. The city will notify a violator of the proposed termination of its MS4 access. The violator may petition the Board for a reconsideration and hearing.
   (F)   Corrective action. Nothing herein contained shall prevent the city from taking such other lawful action as may be necessary to prevent or remedy any violation. All costs connected therewith shall accrue to the person or persons responsible. Costs include, but are not limited to, repairs to the stormwater drainage system made necessary by the violation, as well as those penalties levied by the EPA or IDEM for violation of the city NPDES permit, attorney’s fees, and other costs and expenses.
   (G)   Appeals. Any person to whom any provision of this subchapter has been applied may appeal, in writing, not later than 30 days after the action or decision being appealed from, to the Board the action or decision whereby any such provision was so applied. Such appeal shall identify the matter being appealed, and the basis for the appeal. The Board shall consider the appeal and make a decision whereby it affirms, rejects, or modifies the action being appealed. In considering any such appeal, the Board may consider the recommendations of the City Engineer and the comments of other persons having knowledge of the matter. In considering any such appeal, the Board may grant a variance from the terms of this subchapter to provide relief, in whole or in part, from the action being appealed, but only upon finding that the following requirements are satisfied:
      (1)   The application of the subchapter provisions being appealed will present or cause practical difficulties for a development or development site; provided, however, that practical difficulties shall not include the need for the developer to incur additional reasonable expenses in order to comply with the subchapter; and
      (2)   The granting of the relief requested will not substantially prevent the goals and purposes of this subchapter, nor result in less effective management of stormwater runoff.
(Ord. 2006-13, passed 10-26-2006; Ord. 2019-25, passed on 5-13-2020)