(A) For construction for development or redevelopment meeting the criteria herein below, review and approval is required prior to commencement of construction:
(1) Disturb more than one acre.
(2) Land uses which have a high potential of pollutant discharge into the MS4 including, but not limited to, the following:
(a) Automobile service stations;
(b) Automobile and truck repair garages;
(c) Restaurants with grease collection and disposal; and
(d) Other land uses as determined to have a high potential of pollutant discharge into the MS4 as determined by the Flood Safety Officer.
(B) Review of Stormwater Management Plans and Issuance of Permits.
(1) For projects meeting the above criteria and requiring post construction, stormwater management plans that fully address post-construction water quality shall be submitted as part of the application process. The plans shall conform to the design criteria set forth in the most recent version of the City of Hopkinsville Stormwater Design and Best Management Practices Manual, the capacity of which shall be designed to accommodate the quantity, flow, and discharge for the 80th percentile, 24-hour storm event. Design shall require, in combination or alone, management measures that are designed, built and maintained to treat, filter, flocculate, infiltrate, screen, evapotranspire, harvest and reuse stormwater runoff, or otherwise manage the stormwater runoff quality. This manual is available online at www.hopkinsville-stormwater.com.
(2) Based on the review of the stormwater management plan, the SSWU will:
(a) Approve the stormwater management plan and issue appropriate permits;
(b) Approve the stormwater management plan subject to such conditions as may be necessary to meet the requirements/intents of the objectives of the chapter, and issue appropriate permit subject to these conditions; or
(c) Deny the stormwater management plan, indicating the reason(s) and procedure for submitting a revised stormwater management plan.
(3) The SSWU reserves the right to inspect the site prior to any construction activity in furtherance of the review process.
(4) The SSWU approval of the stormwater management plan is for compliance with local requirements and the KYDOW general permit. The designer and/or owner/developer is ultimately responsible for the details of design, with the property owner being responsible for implementation.
(5) For projects that cannot meet this water-quality treatment standard, the property owner may use either off-site mitigation and/or payment-in-lieu.
(a) The off-site mitigation option entails infiltration/evapotranspiration/reuse measures that may be implemented at another location in the same HUC 11 watershed as the original project, under a design submitted by the property owner and approved by the SSWU. The SSWU shall identify priority areas within the watershed in which mitigation projects can be completed. Easements shall be obtained from all affected property owners, and Deed Restrictions shall be filed indicating responsibility of perpetual maintenance. The SSWU may assume perpetual maintenance only when there is a significant public purpose.
(b) The payment-in-lieu option allows the owner/operator of a construction site that disturbs at least one acre or a project that is less than one acre but is part of larger common plan of development or sale to choose to make a payment to the SSWU, in lieu of implementing post-construction BMPs. The SSWU shall apply these in-lieu funds to a public stormwater quality project.
The amount of Payment in Lieu shall be 100% of the design and installation of required post-construction facilities for the proposed development. The amount shall be submitted by the developer for review and approval by the SSWU.
(Ord. 17-2012, passed 11-20-2012) Penalty, see § 164.99