§ 55.04 POST-CONSTRUCTION STORMWATER MANAGEMENT.
   (A)   Purpose.
      (1)   The requirements set forth in this chapter are intended to:
         (a)   Develop and implement strategies which include a combination of structural and/or non-structural best management practices (BMPs) that prevent or minimize water quality impacts from developments in the City of Morehead or MUPB Stormwater Service Area; and
         (b)   To ensure adequate long-term operation and maintenance of BMPs.
      (2)   The primary objective of this chapter and the MUPB Stormwater Program is to maintain after development predevelopment stormwater runoff characteristics; reduce stream bank and channel erosion, reduce siltation and sedimentation in the community waters and waters of the Commonwealth and lower the discharge of pollutants from impervious areas.
   (B)   Application. This chapter may apply to the development or redevelopment of land for residential, commercial, industrial, or institutional use, but do not apply to agricultural land management practices. Exemption of agricultural land management practices does not apply to illicit discharges.
   (C)   Implementation of BMPs.
      (1)   The Approving Agency is responsible for the implementation and enforcement of this chapter and the Stormwater Management Program for the City of Morehead.
      (2)   The Approving Agency shall consider for implementation, but not be limited to the following:
         (a)   Establishing policies, procedures, standards and criteria relating to stormwater runoff quality and quantity;
         (b)   Creating a stormwater management guidance design manual and standards for development and redevelopment projects that address quantitative controls for increased volume and rate of surface runoff and qualitative controls that reduce or eliminate pollutants carried by runoff;
         (c)   Creating an ordinance to address illicit discharges;
         (d)   Creating an ordinance to address erosion protection and sediment control from construction site runoff related to land disturbing activities;
         (e)   Establishing design criteria and standards for construction site waste control and erosion protection and sediment control related to land disturbance activities; and
         (f)   Providing erosion protection and sediment control training for city staff.
   (D)   Stormwater management requirements.
      (1)   Until such time existing regulations are modified or new stormwater policies, design criteria and standards are developed to address stormwater management, reduce water quality impacts and maintain pre-development runoff conditions, the Approving Agency, at its discretion, may require the design and implementation of structural and non-structural BMPs for new and redevelopment projects.
      (2)   The design of structural BMPs shall be by a professional engineer licensed to practice in the Commonwealth of Kentucky and be approved by the Approving Agency.
      (3)   The stormwater BMPs shall become a part of the development's site plan and may include the BMPs identified below.
   (E)   Stormwater control. Stormwater control BMPs shall be utilized to address runoff volume and rate, and remove pollutants. These BMPs may include detention facilities, extended detention basins, retention facilities, hydrodynamic separators, first flush basins, infiltration trenches and drain fields.
   (F)   Stream corridor protection. Stream corridor protection BMPs shall be utilized to protect designated streams and waterways through conservation methods. These methods may include buffer strips, greenways, vegetated channels, stream bank stabilization and restoration.
   (G)   Impervious area runoff controls. Impervious area runoff controls shall be utilized to address high levels of runoff quantity and quality associated with high-density developments. These controls may include preservation of open space, minimizing impervious surfaces, porous pavement, utilization of grass swales instead of curb and gutter, reduced pavement widths and similar measures.
   (H)   Discharge controls. Discharge control BMPs shall be utilized to provide flow attenuation for post-development runoff. These BMPs may include detention facilities, extended detention basins, retention facilities and artificial wetlands.
   (I)   Retrofit improvements. If a new development or redevelopment project is upstream of a water quality impaired waterway or upstream of a MS4, community water or waters of the Commonwealth that has exceeded its hydraulic capacity, the Approving Agency, at its discretion, may require the design and implementation of a retrofit improvement involving stormwater controls or discharge controls at a downstream location in a existing area.
   (J)   Stormwater improvement fee. The Approving Agency, at its discretion, may require the developer of a new development or redevelopment project pay a stormwater improvement fee in lieu of the installation of stormwater BMP improvements.
(Ord. 26:2019, passed 7-8-19)