(A) Prohibited discharges. It shall be considered an offense for any person to cause or allow a prohibited discharge into waters of the state, including the city storm water system, or any natural water.
(B) Land disturbing activity requiring a storm water management plan.
(1) Any person, firm, sole proprietorship, partnership, corporation, state agency or political subdivision proposing subdivision or plat approval, a building permit or any land disturbance activity greater than one acre within the city must submit a state issued NPDES permit for construction activity and storm water pollution prevention plan to the City Engineer unless a waiver is provided in accordance with this section. No subdivision approval, plat approval or building permit shall be issued until a state NPDES permit for construction activity and storm water pollution prevention plan or a waiver of the approval requirements has been approved by the City Engineer in strict conformance with the provisions of this chapter. No land shall be disturbed until the permit is approved by the City Engineer and conforms to the standards set forth herein.
(2) A storm water management plan may also be required in some situations as determined by the City Engineer (i.e., development within an existing subdivision with documented flooding problems associated with storm water runoff).
(3) Exemptions to the storm water management plan requirements of this section include the following: any part of a subdivision that is included in a plat that has been approved by the City Council and recorded with the Register of Deeds on or before the effective date of this chapter. A storm water permit for land disturbing activities on such properties may still be required, as determined by the City Engineer, and such activities are still subject to other compliance requirements in accordance with this chapter:
(a) A storm water management plan is generally not required for individual lots or properties located within a subdivision or plat for which a storm water management plan has already been approved. This exemption is subject to the City Engineer’s consideration and approval;
(b) A parcel for which a building permit has been approved on and/or before the effective date of this chapter and an NPDES permit for construction activity was not required;
(c) Any land disturbance activity not associated with building construction that will affect less than one acre of undeveloped land; and
(d) Emergency work to protect life, limb or property.
(C) Land disturbing activity involving the construction of a single-family or two-family dwelling. Construction of single-family or two-family dwellings must comply with in place approved BMPs and any existing permitted SWPPP for the subdivision, including NPDES permit for construction activity requirements and subdivision agreement. Compliance with the single-family residential construction erosion/sediment control standards is required.
(D) Installation and repair of utility service lines.
(1) At project sites that require permit coverage where a utility contractor is not the site owner or operator, each utility contractor must comply with the provisions of the storm water pollution prevention plan (SWPPP) for the project their construction activities will impact. Each utility contractor must ensure that their activities do not render ineffective, the erosion prevention and sediment control best management practices (BMPs) for the site. Should a utility contractor damage or render ineffective any BMPs for the site, the owner must ensure such BMPs are repaired or replaced within seven days of completion of utility installation on the site.
(2) At project sites where a utility contractor is the site owner or operator, and the utility company disturbs one or more acres of soil for the purpose of installation of utility service lines, including, but not limited to, residential electric, gas, telephone and cable lines, the utility company must apply for permit coverage from the state prior to commencement of construction.
(3) Utility contractors working in a street right-of-way to repair existing or install new utilities and disturbing less than one acre are required to provide appropriate inlet protection and sediment control during the course of the work so as to ensure the storm sewer system is protected from pollution. The utility contractor is also required to provide street sweeping as necessary to insure that sediments resulting from their activity do not enter the storm water system following construction. The street shall be swept within one working day of completion of utility installation on the site. All disturbed vegetation shall be replaced with seed or sod within seven days of completion of utility installation on the site. The city will provide guidance regarding acceptable temporary protection BMPs for inlets and methods to stabilize the exposed soil areas until they meet the definition of final stabilization.
(E) Waivers. The City Engineer may waive any requirement of this chapter upon making a finding that compliance with the requirement will involve an unnecessary hardship, and the waiver of such requirement is not contrary to the objectives in this section. The City Engineer may require as a condition of the waiver, such dedication or construction, or agreement to dedicate or construct, as may be necessary to adequately meet the said standards and requirements.
(2004 Code, § 54.03) (Ord. 07-0462, passed 4-24-2007; Ord. 17-773, passed 6-27-2017)