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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“80th PERCENTILE RAINFALL EVENT.” The rainfall event, based on historical rainfall records, that represents an event that is equal to or greater than 80% of the rainfall events that would be expected to occur in a typical year.
“AUTHORIZED ENFORCEMENT AGENCY.” Mayor, City of Murray, MS4 Operator or authorized representative.
“BEST MANAGEMENT PRACTICE OR BMP.” Any structural or nonstructural control measure utilized to improve the quality and, as appropriate, reduce the quantity of stormwater run-off. The term includes schedules of activities, prohibitions of practice, treatment requirements, operation and maintenance procedures, use of containment facilities, land use planning, policy techniques, and other management practices.
“CHANNEL.” A natural or man-made watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
“CLEAN WATER ACT.” The Federal regulations (33 U.S.C. §§ 1251 et seq., and as amended) that prohibit the discharge of pollutants to waters of the United States unless such discharge is in accordance with an approved National Pollutant Discharge Elimination System (NPDES) permit.
“CONSTRUCTION ACTIVITY.” Activities subject to NPDES construction permits include construction projects resulting in land disturbance of 1 acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
“CONTIGUITY.” An entity’s proximity to a designated MS4 area in such a way that it allows for direct discharges of stormwater run-off into the regulated MS4 conveyance.
“CONTROLLED RELEASE STRUCTURE.” A facility constructed to regulate the volume of storm water runoff that is conveyed during a specific length of time.
“CONVEYANCE.” Any structure process for transferring stormwater between at least two (2) points. The term includes piping, ditches, swales, curbs, gutters, catch basins, channels, storm drains, and roadways.
“CONVEYANCE STRUCTURES.” Water carrying devices or improvements such as channels, ditches, storm sewers, culverts, inlets, and the like.
“CULVERTS AND CROSS DRAINS.” A short, closed (covered) conduit that passes storm water runoff under an embankment.
“DETENTION” or “RETENTION.” Delaying the rate of storm water runoff in a controlled manner, typically by using temporary storage areas and a man-made outlet device.
“DEVELOPED.” Conditions after construction or other manmade change to improved or unimproved (land), including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
“DISPOSAL.” The 1) discharge; 2) deposit; 3) injection; 4) spilling; 5) leaking; or 6) placing of any solid waste or hazardous waste into or on any land or water so that the solid waste or hazardous waste, or any constituent of the waste, may enter the environment, be emitted into the air, or be discharged into any waters, including ground waters.
“ERODED.” Weathered or worn away outer layers of soil by the action of water.
“ESCP PLAN.” Erosion and Sediment Control Plan which includes a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a specific development site or parcel of land during the period in which pre-construction and construction related land disturbances, fills, and soil storage occur, and before final improvements are completed, all in accordance with this subchapter.
“EXCESS STORM WATER.” That portion of storm water runoff which exceeds the capacity of the storm sewers or natural drainage channels serving a specific watershed.
“EXISTING STORMWATER FACILITY.” Any existing structural feature that slows, treats, filters, or infiltrates runoff after a rainfall event.
“GARBAGE.” All animal solid, vegetable solid, and semisolid wastes resulting from the 1) processing; 2) handling; 3) preparation; 4) cooking; 5) serving; or 6) consumption of food or food materials.
“HAZARDOUS WASTE.” Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
“HOTSPOT.” An area where the land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in storm water.
“ILLICIT CONNECTIONS.” Either of the following:
(1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allows any non-stormwater discharge including sewage, process wastewater, effluent, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains, washing machines, bathtubs, and sinks regardless of whether said drain or connection had been previously allowed, permitted, or approved by any enforcement agency.
(2) Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
“ILLICIT DISCHARGE.” Any discharge to an MS4 conveyance that is not composed entirely of stormwater.
“IMPERVIOUS SURFACE.” Asphalt, concrete or any other surface which does not allow measurable infiltration.
“INDUSTRIAL ACTIVITY.” Activities subject to MPDES industrial permits as defined in 40 CFR. § 122.26(b)(14).
“INLET (STORM DRAIN).” An opening leading to an underground pipe or open ditch for carrying surface runoff.
“(MS4) MUNICIPAL SEPARATE STORM SEWER SYSTEM.” A conveyance or system of conveyances (including roads with drainage systems., municipal streets, catch basins, curbs, gutters, ditches, man-made channels, and storm drains) owned or operated by a state, city, town, county, district association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial water, stormwater. or other wastes, that discharge to waters of the United States.
“NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT.” A permit issued by EPA or the Kentucky Department of Environmental Protection that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area wide basis.
“NATURAL DRAINAGE.” Water which follows by gravity in channels formed by the surface topography of the earth prior to changes made by the efforts of man.
“NON-STORMWATER DISCHARGE.” Any discharge to the storm drain system that is not composed entirely of stormwater.
“NOTICE OF INTENT (NOI).” Formal notice to the EPA or a state agency having delegated NPDES authority that a construction project seeking coverage under a general permit is about to begin.
“OFF-SITE.” External to the boundary of a development.
“ON-SITE.” Internal to the boundary of a development.
“PERSON.” Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner’s agent.
“POINT DISCHARGE (OUTFALL).” Release of storm water at a specific location.
“POLLUTANT.” Anything which causes or contributes to pollution. “POLLUTANTS” may include, but are not limited to: paints, varnishes, solvents; oil and automotive fluids; non-hazardous liquid and solid wastes; yard wastes; refuse, rubbish, garbage, litter, floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, effluent fecal coliform, E. Coli, and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from construction of a building or structure and noxious or offensive matter of any kind.
“POND.” An inland body of standing water that is usually smaller than a lake.
“PREMISES.” Any building, lot parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
“RECEIVING WATERS.” The “water of the Commonwealth” as defined in KRS 224.01-010(33) into which the regulated stormwater discharges (modified EPA CGP).
“REDEVELOPMENT.” The improvement of a lot or lots that have been previously developed.
“REVIEW STAFF.” The City Engineer and/or other designated officials.
“RUBBISH.” Combustible and noncombustible waste materials except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
“RUNOFF.” Rainfall excess after natural losses from infiltration, evaporation, transportation or incidental poundage.
“SEDIMENT.” Solid material, either mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by erosion.
“STORM DRAINAGE SYSTEM.” Publicly owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and other drainage structures.
“STORM SEWER.” Two or more inlets connected by pipes.
“STORMWATER.” Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
“STORMWATER POLLUTION PREVENTION PLAN.” A document which describes the Best Management Practices (BMPs) and activities to be implemented by a person or business to identify the source of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters.
“STORM WATER RUNOFF RELEASE RATE.” The rate at which storm water runoff is released from dominant to servient land.
“STORM WATER STORAGE AREA.” An area designed to temporarily accumulate excess storm water.
“STREAM.” For the specific purpose of vegetated buffers, a “STREAM” is defined as a linear surface water conveyance that can be characterized with either perennial or ephemeral base flow.
“STRUCTURE.” Anything constructed or erected such that the use of it requires a more or less permanent location on or in the ground. Such construction includes, but is not limited to, objects such as buildings, towers, smokestacks, overhead transmission lines, carports and walls.
“SWALE.” Surface-type conveyance for storm water usually designated to carry incidental, localized runoff.
“TMDL.” Total maximum daily load. A “TMDL” is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the source(s) of the pollutant.
“TRANSPORTING.” Any moving of earth materials from one place to another, other than such movement incidental to grading, as authorized on an approved plan.
“VEGETATIVE BUFFER.” A use-restricted vegetated area that is located along the perimeter of streams, ponds, lakes or wetlands, containing natural vegetation and grasses, or enhanced or restored vegetation.
“WASTEWATER.” Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
“WATER QUALITY CONTROL STRUCTURE.” The structures (e.g. grass swales, filter strips, infiltration basins, detention ponds, stormwater wetlands, natural filtration areas, sand filters, and rain gardens, and the like), used to slow runoff, promote infiltration, and reduce sediments and other pollutants in stormwater runoff.
“WATER QUALITY MANAGEMENT FACILITIES.” Structures and constructed features designed to prevent or reduce the discharge of pollution in storm water runoff from a development or redevelopment. “WATER QUALITY MANAGEMENT FACILITIES” can often be referred to as BMPs.
“WATER QUALITY MANAGEMENT PLAN.” An engineering plan for the design of water quality management facilities and best management practices within a proposed development or redevelopment. The “WATER QUALITY MANAGEMENT PLAN” includes a map showing the extent of the land development activity and location of water quality management facilities and BMPs. design calculations for water quality management facilities and BMPs, and may contain record drawings/certifications and covenants for permanent maintenance of water quality facilities and best management practices.
“WATER QUALITY RUNOFF STANDARDS.” The stormwater volume to be treated through a water quality control structure based on the surface runoff produced by an 80th percentile rainfall event.
“WATER QUALITY STANDARDS.” Administrative regulation promulgated by the State of Kentucky establishing the designated use of a surface water and the water quality criteria necessary to maintain and protect that designated use (4041 KAR 5:002; 401 KAR 5:031 as amended).
“WETLAND.” An area that is inundated or saturated, by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetland determination shall be made by the United States Army Corps of Engineers, and/or the Kentucky Division of Water, and/or the Natural Resources Conservation Service.
(Ord. 2001-1253, passed 8-23-01; Am. Ord. 2014-1636, passed 4-10-14)
All development occurring within the city and its area of extraterritorial jurisdiction for subdivision regulations shall provide for properly-sized storm water conveyance facilities and shall contain on-site, or provide off-site, storm water management facilities capable of controlling increased runoff relative to its pre-developed condition, and water quality control structures capable of managing the stormwater runoff quality produced from an 80th percentile rainfall event under post-construction conditions (See § 156.094, below). Unless included in exemptions listed in § 156.094(J), no application for a preliminary or final plan of subdivision shall be approved unless it includes either a plan describing the manner in which storm water erosion and sediment resulting from the development will be controlled or managed or a documented request for a waiver thereof. Similarly, unless exempt, no building permit shall be issued for any parcel or lot until either an adequate storm water management plan addressing erosion, sediment and storm water, or a documented request for a waiver thereof, has been approved.
(Ord. 2001-1253, passed 8-23-01; Am. Ord. 2014-1636, passed 4-10-14)
The following criteria shall control when designing storm water conveyance facilities and water quality control structures:
(A) Open channels and roadside ditches. The design storm for the design of open channels and roadside ditches shall be a storm with a recurrence frequency of ten year/24-hour duration. The time of concentration for open channel and roadside ditch design should be assumed to be 15 minutes.
(B) Storm sewers and inlets. The design storm for the design of storm sewers and inlets shall be the 25-year storm/24-hour duration (TR-55 Method and Rational Method). The duration of the peak rainfall event shall be assumed to be equal to the calculated time of concentration. Storm sewers and inlets shall be checked under 25-year storm/24-hour duration (TR-55 Method and Rational Method) loading conditions for ponding limits. The ponding limit for streets with curb and gutter shall be an eight-foot spread measured from gutter to driving lane. Spread calculations shall be based upon an intensity of four inches per hour. Pipes should be sized based upon the actual time of concentration. The minimum time of concentration should be assumed to be eight minutes.
(C) Entrance pipes and cross drains. The design storm for the design of entrance pipes and cross drains shall be the 25-year storm/24-hour duration (TR-55 Method and Rational Method). The duration of the peak rainfall event shall be assumed to be equal to the calculated time of concentration. The minimum time of concentration shall be assumed to be eight minutes. Entrance pipes and cross drains shall be checked for overtopping of roadways and flood damage to affected areas. Situations requiring pipes larger than 36 inches shall be designed using the culvert criteria in division (D) of this section, below.
(D) Culverts and cross drains. The design storm for the calculation of runoff for culvert design shall be the 25-year storm. The duration of the peak rainfall event shall be assumed to be equal to the calculated time of concentration. The recommended check storm is the 100-year storm. The maximum headwater under 100-year storm conditions should not be allowed to overtop roads or increase the flooding potential in the affected areas.
(E) Erosion control. Plans for storm water conveyance systems shall include appropriately designed temporary and permanent erosion-control measures both for the open channel conduits and all disturbed land draining to both open and closed conduits within the system. (Best Management Practices for Construction Activities prepared by the Kentucky Natural Resources and Environmental Protection Cabinet and § 156.36 of this subchapter should be used as design guides for erosion and sediment control).
(F) Water quality control structures. The design rainfall event for the design of all stormwater quality control structures shall be the surface depth of runoff produced from an 80th percentile precipitation event. Stormwater quality control structures shall be designed, built and maintained to treat filter, flocculate, infiltrate, screen, evapo-transpire, harvest and reuse stormwater runoff, or otherwise manage the stormwater runoff quality for the 80th percentile precipitation event. Green infrastructure devices may be used as water quality control structures if they meet the design criteria.
(G) Design certification. Design of all storm water conveyance and water quality facilities shall be prepared and stamped by a licensed professional engineer (Kentucky registration required). Design methods shall be in accordance with the Kentucky Department of Highways Manual of Instructions for Drainage Design, latest edition.
(Ord. 2001-1253, passed 8-23-01; Am. Ord. 2014-1636, passed 4-10-14)
As a minimum, the following criteria shall be followed when designing a storm water management facility.
(A) The rainfall events shall be analyzed using the Soil Conservation Service TR-55 method, Rational Method or other methods only as pre-approved by the city.
(B) The storm water discharge point onto adjoining property may not be relocated without the permission of the affected adjoining landowner and the city.
(C) If the storm water discharge onto adjoining property is of a sheet flow nature before development, the storm water discharge onto adjoining property after development of the property may not be changed to a concentrated discharge point without the written agreement of the affected adjoining landowner.
(D) The initial reference conditions for an undeveloped site shall be the conditions that existed on that site as of April 1, 1998. This date refers to the aerial photography on file at the City Engineering Department and available on request.
(E) When a property to be developed experiences upstream storm water runoff onto the property, the effects of that runoff under current conditions shall be included in the storm water analysis. If the off-site runoff onto the property is not isolated from the detention system, the effects of routing the off-site runoff through the detention facilities shall be included in the analysis (Routed Through Design).
(F) Design storm. Storm water management facilities shall be designed to retain the difference in the pre-development and post-development 5-year, 10-year and 25-year, 24-hour storm event. Stormwater management facilities that discharge to high quality waters shall be designed to retain the difference in the pre-development and post-development 2-year, 24-hour storm event. High quality waters are categorized by the Kentucky Division of Water as high quality pursuant to the requirements of 401 KAR 10:030, § 1(3).
(G) Emergency spillways. Emergency spillways shall be designed to pass the 100-year storm. The effect of the 100-year storm must be accommodated and documented in the design of all storm water management facilities.
(H) Design Calculations. Design calculations submitted must include, but not be limited to, the following:
(1) Contributing drainage area, in acres. Indicate if pre-development and post-development areas differ.
(2) A breakdown of surface type for pre-development and post-development conditions (such as grassed, paved, roofed, and the like).
(3) Stage-storage curve for the proposed storm water management facility.
(4) Stage-discharge curve for the outlet structure of the proposed storm water management facility.
(5) Inflow and outflow hydrographs for pre-development and post-development conditions.
(6) Emergency spillway design calculations.
(7) Embankment design criteria as it relates to slope stability and compaction requirements during construction.
(I) Storm water management and water quality plan. The final storm water management and water quality plan shall include, but not be limited to, the following:
(1) All calculations, assumptions and criteria used in the design of the storm water management facilities and water quality control structures.
(2) All plans and profiles of proposed storm sewers and open channels including horizontal and vertical controls, elevations, sizes, slopes and materials.
(3) All plans will depict all contributing areas on the plans.
(4) Location, dimensions and design details required for the construction of all facilities.
(5) A description of the operation and maintenance needs for the storm water management facilities and water quality control structures.
(6) All information relative to the design and operation of emergency spillways.
(7) Project specifications relative to erosion and sedimentation control. (Refer to Best Management Practice for Construction Activities prepared by the Kentucky Natural Resources and Environmental Protection Cabinet for design guidelines associated with erosion and sediment control.)
(8) All deed restrictions, easements and rights-of-way.
(9) The ownership and maintenance responsibilities for all storm water management and water quality control structures during and after development. The identity of the responsible individual, corporation, association or other specific entity and the specific maintenance must be outlined on the plan.
(a) Storm water detention facilities and water quality control structures that are not maintained in proper working condition will be subject to corrective action by city forces along with appropriate fees and fines.
(b) The property owner shall be responsible for maintaining the storm water detention facilities and water quality control structures on the property, unless a maintenance agreement exists with multiple property owners for a regional detention facility.
(J) Exemptions. Exemptions from the storm water management requirement contained herein shall be granted to the following:
(1) All existing residentially subdivided property developments excluding sites to be used or developed as a residential planned development project.
(2) Residential subdivisions or residential planned development projects where minimum lot size is greater than five acres.
(3) Any nonresidential development for which the area paved and under roof is less than 7,500 square feet.
(4) Waivers may also be granted if, in other cases, the developer can provide sufficient documentation that the proposed development will not result in an adverse impact either upstream or downstream of the proposed site. Waivers shall be granted solely at the discretion of the city plan review staff, based upon interpretation of the documentation presented by the developer in conjunction with staff knowledge of the relationship of the proposed development to the adjacent property.
(K) Design certification. Design of all storm water management and conveyance facilities and water quality control structures shall be prepared and stamped by a licensed professional engineer (Kentucky registration required).
(L) Construction certification. Prior to final approval of the development or issuance of certificate of occupancy, the licensed professional engineer must submit certification that the storm water management and conveyance facilities were constructed in accordance with the approved plan. Final approval shall also provide evidence of the recording of all storm water conveyance, management, and water quality facilities deed restrictions, easements and rights-of-way. Any request for deviation from the approved plan during construction shall be submitted to the city plan review staff in writing for approval.
(M) Ownership, operation and maintenance of detention systems and water quality management facilities:
(1) For commercial, industrial and multifamily residential developments, ownership and maintenance responsibilities remain with the property owner/developer.
(2) For single family residential subdivisions, the city may at its discretion accept ownership and maintenance responsibilities; provided, that:
(a) Construction and certification is in accordance to the approved plan; and
(b) Appropriate land dedication and easements are provided, including adequate public ingress and egress from the facility to a public street.
(N) Additional treatment and monitoring may be required. The City reserves the right to require for new and redeveloped properties superseding or additional treatment criteria or objectives for specific pollutant(s) as necessary to meet overall stormwater quality management program objectives or directives under a watershed improvement or total maximum daily load (TMDL) program or KPDES/NPDES permit program as administered by the USEPA or Commonwealth of Kentucky.
(O) Self-inspection required. The property owner shall provide self-inspection documentation for water quality management facilities. Stormwater management staff will periodically inspect water quality management facilities for the purpose of identifying maintenance and structural deficiencies and if required proof of monitoring. If additional treatment and or monitoring is required, the property owner shall be fully responsible for monitoring their stormwater management and water quality facilities in accordance with the most recent directives under a watershed improvement or Total Maximum Daily Load Program or KPDES/NPDES permit program as administered by the USEPA or Commonwealth of Kentucky.
(P) In lieu of fee, an off site mitigation program may be established. The City of Murray Stormwater Management Department may develop a payment-in-lieu program to allow property owners/developers to make payment to the City in lieu of constructing stormwater quality management structures. The in lieu of fee funds shall be applied to public stormwater projects. Another option is to allow the property owner/developer to provide off site mitigation in the same watershed. Both of these options may be developed by the City of Murray Stormwater Management Department following the permit requirements of the KPDES permit for small municipal separate storm sewer systems.
(Ord. 2001-1253, passed 8-23-01; Am. Ord. 2005-1373, passed 3-24-05; Am. Ord. 2006-1429, passed 11-21-06; Am. Ord. 2014-1636, passed 4-10-14)
(A) Permit required. Prior to any person engaging in a land disturbance activity within the corporate boundaries of the city, they shall possess a city-issued permit for the land disturbance activity. A permit will be issued by the city once a sedimentation and erosion control plan has been submitted and approved.
(B) Land disturbance activity within the corporate boundaries of the City of Murray subject to NPDES permit coverage within the provisions of this subchapter shall include but not limited to:
(1) Land disturbing activities including development and re-development activities that disturb an area greater than or equal to one (1) acre. Sites that are smaller than one (1) acre are also covered by this subchapter if they are part of a larger common plan of development or sale.
(2) Land disturbing activities of less than one (1) acre that have the potential to negatively impact local water quality or sensitive areas. This determination will be made at the sole discretion of the Director of Planning and Engineering or his or her designee.
(C) Permit coverage requirements. Prior to any person engaging in construction and or land disturbance activity subject to permit coverage within the corporate boundaries of Murray must comply with the following requirements to achieve and maintain coverage under the “National Pollutant Discharge Elimination System” (NPDES) general permit for construction activity:
(1) Develop and submit an erosion and sediment control plan to the City of Murray Planning and Engineering Department.
(2) Develop and submit a “Stormwater Pollution Prevention Plan,” (SWPPP) to the City of Murray Planning and Engineering Department.
(3) Submit an electronic notice of intent (NOI) form to the Kentucky Division of Water at least seven (7) days before construction begins.
(4) Submit a copy of the NOI to the City of Murray Planning and Engineering Department.
(5) All design, testing, installation, and, maintenance of erosion protection and sediment control operations and facilities shall adhere to the criteria, standards and specifications as set forth in the most recent version of the Kentucky Erosion Prevention and Sediment Control Field Guide.
(6) Continue to implement all plans and procedures during construction activity, including inspections every seven (7) days, or every 14 days and after each rainfall event of one-half inch or more.
(7) Submit a signed notice of termination (NOT) form to the Kentucky Division of Water, and the City of Murray Planning and Engineering Department after the site has been stabilized.
(D) Contents of erosion and sediment control plan. Plans shall be prepared by a licensed professional engineer, drawn to an appropriate scale and shall include sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed grading on water resources, and show measures proposed to minimize soil erosion and off-site sedimentation. The permittee shall assure that all clearing, grading, drainage-construction, and development are performed in strict accordance with the approved plan and this subchapter. The ESCP plan shall include the following:
(1) A project narrative.
(2) The location of the site in relationship to the surrounding area’s watercourses, water bodies, sinkholes, roads, structures, and other significant geographic features vulnerable to erosion from the disturbed site.
(3) An indication of the scale used.
(4) The name, address, and telephone number of the owner and/or developer of the property where the land disturbing activity is proposed.
(5) Contours with a minimum two (2) foot interval for the existing and proposed topography.
(6) The proposed grading or land disturbance activity including: the surface area involved, excess spoil material, use of borrow material, and specific limits of disturbance.
(7) A clear and definite delineation of any areas of vegetation or trees to be saved.
(8) A clear and definite delineation of any wetlands, sinkholes, natural or artificial water storage detention areas, and drainage ditches on the site.
(9) A clear and definite delineation of any one hundred (100) year floodplain on or near the site.
(10) Existing and proposed storm drainage systems.
(11) Standard details for storm water facilities and erosion and sediment control measures.
(12) Erosion and sediment control provisions to minimize on-site erosion and prevent off-site sedimentation, including provisions to preserve topsoil and limit disturbance.
(13) Design details for both temporary and permanent erosion control structures.
(14) Details of temporary and permanent stabilization measures.
(E) Review of plan. The City Engineer shall review the erosion and sediment control plan. The plan will be approved and a permit issued if he finds that it complies with the following land disturbance activity standards.
(1) Land disturbance activities shall be done in a manner which will minimize soil erosion:
(a) The extent of the disturbed area and the duration of its exposure shall be kept within reasonable limits.
(b) Cut and fill operations shall be kept to a minimum. Developments calling for excessive cutting and filling may be refused a permit if it is determined that the land use proposed for the site can be reasonable constructed with less alteration of the natural terrain.
(2) Land shall be developed in increments of workable size, which can be completed during a single construction season. Erosion and sedimentation control measures shall be coordinated with the sequence of grading, development and construction operations.
(3) When feasible, natural vegetation shall be retained, protected and supplemented.
(4) Topsoil shall be saved where practical and reapplied to the site after grading has been finished.
(5) Provisions shall be provided which minimize the damage from surface water to the cut face of excavations or the sloping surface of fills.
(6) Disturbed soils shall be stabilized as quickly as possible; however, no area shall be left disturbed for more than fourteen (14) days.
(7) Temporary seeding, mulching or other suitable methods of stabilization shall be used to protect exposed areas which have been disturbed longer than 30 days.
(8) Water runoff shall be minimized and retained on-site, wherever possible, to facilitate groundwater recharge and reduce erosion.
(9) Measures shall be taken to contain as much sedimentation as practical on-site:
(a) Sedimentation shall be trapped by the use of debris, basins, sediment basins, silt traps or similar measures approved by the City Engineer until the area has been stabilized.
(b) All required sedimentation and erosion reduction measures and structures shall be in place prior to any land disturbance.
(c) Sedimentation shall be kept out of sinkhole throats/outlets.
(d) All necessary soil erosion and sedimentation control measures installed shall be adequately maintained by the developer until the land has been completely stabilized as verified by the City Engineer.
(e) Techniques shall be employed to prevent the blowing of dust or sediment from the site.
(f) No mud, gravel, debris, etc., shall be allowed to accumulate or collect, or be deposited onto public streets or washed into storm drains.
(10) The type of stabilization or re-vegetation shall be appropriate for the slope and soil type of the site.
(11) Provisions shall be made for reseeding areas which do not vegetate the first time.
(12) Difficult areas, such as ditch lines and other slopes, may have to be sodded or stabilized in some other approved manner.
(13) The City Engineer shall review the plan within 30 days of its receipt and notify the applicant of his action. In the case of a denial, the reasons for the denial shall also be given. An applicant may appeal a denial of a permit to the Planning Commission. All appeals shall be made in writing within ten days of the denial and the applicant shall be entitled to a hearing before the Planning Commission within 30 days of the date of appeal.
(14) A land disturbance/ development permit will be issued on the basis of approved plans. No fee will be charged for the permit.
(D) Exemptions from this permit. The following land disturbance activities are specifically exempt from this article:
(1) Land disturbance associated with existing one and two family dwelling.
(2) Use of land for home gardening.
(3) Agricultural use of land which is used in accordance with a farm conservation plan approved by the local soil conservation service or which has been determined by said service that such use will not cause excessive erosion or sedimentation.
(4) Land disturbance activities covered under an approved subdivision’s sedimentation and erosion control plan. (NOTE: Often these plans will cover only the land disturbance associated with lot arrangement and street development and not the individual lot development.)
(E) Existing unvegetated and eroded areas. All existing unvegetated areas within the city shall submit and have approved an erosion and sediment control plan, a SWPPP, and a NOI from the Division of Water as per § 156.095(C). All areas of the city shall be vegetated or stabilized in accordance with this article. The existing unvegetated areas shall institute measures to keep their sedimentation on-site and out of sinkhole outlet areas while the erosion control and revegetation measures are in progress.
(Ord. 2001-1253, passed 8-23-01; Am. Ord. 2005-1373, passed 3-24-05; Am. Ord. 2014-1636, passed 4-10-14)
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