Loading...
(A) Any luminaire with a lamp or lamps rated at a total of 1800 lumens or less and all flood or spot luminaires with a lamp or lamps rated at 900 lumens or less may be used without restriction to light distribution or mounting height, except that if any spot or flood luminaire rated 900 lumens or less is aimed, directed or focused so as to cause direct light from the luminaire to be directed toward residential buildings on adjacent or nearby land or to create glare perceptible to persons operating motor vehicles on public ways, the luminaire shall be redirected or its light output controlled as necessary to eliminate such conditions.
(B) Luminaires used for public roadway illumination may be installed at a maximum height of 25 feet and may be positioned at that height up to the edge of any bordering property.
(C) All temporary emergency lighting needed by the Police, the Fire Departments or other emergency services, as well as all vehicular luminaires, shall be exempt from the requirements of this subchapter.
(D) All hazard warning luminaires required by Federal regulatory agencies are exempt from the requirements of this subchapter, except that all luminaires used must be red and must be shown to be as close as possible to the federally required minimum lumen output requirement for the specific task.
(E) Luminaires used primarily for sign illumination may be mounted at any height to a maximum of 25 feet regardless of lumen rating.
(F) Where any provision of federal, state, or county or city statute, ordinance, or regulation conflicts with any provision of this subchapter, the most restrictive shall govern unless otherwise regulated by law.
(G) Spot lighting may be used to illuminate a building, sign or flag, or flood lighting for temporary backyard, driveway or security purposes, provided such lights do not cause glare perceptible from the street or light trespass upon neighboring property greater than 1 footcandle.
(Ord. 2005-6, passed 4-4-2005) Penalty, see § 150.999
(A) Any temporary outdoor lighting that conforms to the requirements of this subchapter shall be allowed. Nonconforming temporary outdoor lighting may be permitted by the City Council after considering:
(1) The public and/or private benefits that will result from the temporary lighting;
(2) Any annoyance or safety problems that may result from the use of the temporary lighting; and
(3) The duration of the temporary nonconforming lighting.
(B) The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the City Council, who shall consider the request at a duly called meeting of the Council. Prior notice of the meeting of the City Council shall be given to the applicant and the Pewee Valley Lighting Committee. The City Council shall render its decision on the temporary lighting request within two weeks of the date of the meeting. A failure by the City Council to act on a request within the time allowed shall constitute a denial of the request.
(C) Lighting fixtures used to illuminate an outdoor advertising sign shall be mounted on the top of the sign structure and shall comply with shielding requirements of § 150.082. Bottom-mounted outdoor advertising-sign lighting shall not be used. Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within which do not require shielding must be approved by the City Council, where lamp wattage total shall be less than 41 watts. Dark backgrounds with light lettering or symbols are preferred to minimize detrimental effects. Laser or similar high intensity source lights, including searchlights, is prohibited.
(Ord. 2005-6, passed 4-4-2005) Penalty, see § 150.999
WATER QUALITY MANAGEMENT
(A) Title. This subchapter shall be known as the “Water Quality Management Ordinance” for the City of Pewee Valley (“the city”), Kentucky, and may be so cited.
(B) Purpose. The purpose of this subchapter is to provide regulations and measures that will address water quality in the city and to establish procedures by which these requirements are to be administered and enforced.
(C) Jurisdiction.
(1) The laws of the Commonwealth of Kentucky shall apply to this subchapter.
(2) This subchapter shall govern all properties within the jurisdictional boundaries of the city.
(3) This subchapter is applicable to all new development and redevelopment activities that result in any land-disturbing activities that result in the disturbance of 20,000 square feet or more of land; except that the provisions herein relating to post-construction shall only be triggered when the disturbed area is grater than one acre. Although a permit is not required for any land disturbance over 2,000 square feet but disturb less than 20,000 square feet, the landowner must nevertheless follow Best Management Practices.
(4) Adherence to this subchapter in no way circumvents or eliminates the requirements of the state or federal regulations. Permits may be required by the Kentucky Division of Water and/or the United States Army Corps of Engineers.
(D) Exemptions. The following activities are exempt from the provisions of this subchapter.
(1) Agricultural and silviculture (woodland production) operations according to an Agricultural Water Quality Plan approved by the City Conservation District or approved as required in the Kentucky Agricultural Water Quality Plan developed in accordance with the Kentucky Agricultural Water Quality Authority.
(2) Land reclamation projects regulated by the Kentucky State Department for Surface Mining Reclamation and Enforcement.
(3) Additions or modifications to existing detached single-family dwellings and redevelopment or renovation that does not disturb more than 2,000 square feet of land.
(4) Minor land disturbing activities that disturb 2,000 square feet or less of land area, and not within 50 feet of a drainage way.
(5) Usual and customary site investigation and surveying activities, such as soil testing, rock coring, test pits, boundary and topographical surveying, monitoring wells and archaeological excavation, undertaken prior to submittal of an application for preliminary subdivision or development approval; provided any land disturbance is incidental to necessary equipment access and performance of investigation and surveying activities.
(6) Following preliminary subdivision or development approval but prior to site disturbance permit approval and issuance, clearing necessary to provide access for survey work, rock soundings or other usual and customary site investigations, provided the following conditions are met:
(a) Preliminary site investigations that have been planned to minimize the amount of clearing required;
(b) Clearing shall follow proposed roadway centerlines and shall not result in clear access way of more than 20 feet in width; and
(c) Cleared access ways beyond proposed roadways to assess individual lots shall not exceed 12 feet in width and no trees eight inches or greater in diameter measured at breast height (dbh) shall be removed without prior approval by the city.
(Ord. 2009-1, passed 5-4-2009)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCIDENTAL DISCHARGE. A discharge of spills and dumping or any disposal of materials other than water into the system.
BEST MANAGEMENT PRACTICES (BMP’S). Those measures described in the latest edition of the “National Menu of Best Management Practices, Post-Construction Stormwater Management in New Development and Redevelopment”, http://cfpub.epa.gov/KPDES/stormwater/menuofbmps/index. cfm, as published by the United States Environmental Protection Agency (USEPA), “Kentucky Erosion Prevention and Sediment Control Field Guide” as published by the Kentucky Division of Water and “Best Management Practices for Construction Activities” as published by the Kentucky Division of Conservation and Division of Water. This shall also include related documents published and distributed by the city.
BUILDER. A person, partnership, contractor or corporation constructing one or more buildings for occupancy or any other use.
CERTIFICATION. A signed, written statement that specific constructions, inspections or tests (when required) have been performed and that such comply with the applicable requirements of this subchapter.
CITY. A representative or designee of the city government to include persons from the city representative’s office.
CITY REPRESENTATIVE. The person or persons currently designated by the Mayor to administer the Water Quality Program and any related permit activities.
CLEAN WATER ACT. The Federal Water Pollution Control Act (33 U.S.C §§ 1251 et seq.).
CONSTRUCTION ACTIVITY. Land disturbance activities subject to state KPDES General Construction Permits or local permits. Such activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.
CONSTRUCTION WEATHER DAYS. Days in which a needed activity could occur.
CONTRACTOR. A person who contracts with the permittee, landowner, builder, developer or another contractor to undertake any or all of the land-disturbing activities covered by this subchapter.
DETENTION BASIN. A drainage facility constructed to restrict the runoff of water to a prescribed maximum rate and to detain for a specified period of time the excess waters that accumulate upstream from the outlet structure.
DEVELOPMENT. The planning or construction project involving substantial property improvement and, usually, a change of land-use character within the site. The act of using land for building purposes.
DIRECTLY CONNECTED IMPERVIOUS AREA (DCIA). Surface area that drains/discharges to an outfall without passing through a BMP.
DRAINAGE AREA. The surface area from which water drains to a point of consideration.
ENGINEER. A person licensed as a Professional Engineer in the Commonwealth of Kentucky in accordance with KRS Chapter 322.
EROSION PREVENTION AND SEDIMENT CONTROL (EPSC) MEASURE. The practice, or a combination of practices, to prevent erosion and to abate the resulting off-site sedimentation.
FEMA. The Federal Emergency Management Agency.
FINAL STABILIZATION. Shall mean that:
(1) All soil disturbing activities at the site have been completed;
(2) There are no areas of active erosion evident; and
(3) A uniform perennial vegetative cover with a density of 70% of the cover for the area has been established or equivalent measures, i.e. mulches or geotextile fabrics, have been employed.
FLOODPLAIN. Any area inundated by a 100-year flood or as determined by the FEMA Flood Insurance Rate Map(s) or an engineering study.
FLOODWAY. The channel of a river or stream and those portions of the floodplain adjoining the channel that are required to carry and discharge the peak flow of the regulatory flood of any river or stream. The FLOODWAY is where the water is likely to be fastest and not include the channel and the portion of the adjacent floodplain.
ILLICIT DISCHARGE. Any discharge to a Municipal Separate Storm Sewer System (MS4) that is not composed entirely of water exempted by this subchapter or managed pursuant to a Kentucky Pollution Discharge Elimination System Permit (other than the city’s KPDES stormwater permit) or otherwise defined by this subchapter.
INDUSTRIAL ACTIVITY. Activities subject to KPDES Industrial Permits as defined in 40 C.F.R., § 122.26(b)(14).
KDOW. The Kentucky Division of Water.
KENTUCKY POLLUTANT DISCHARGE ELIMINATION SYSTEM (KPDES) GENERAL PERMIT FOR STORMWATER DISCHARGES ASSOCIATED WITH SMALL CONSTRUCTION ACTIVITIES (KYR10). A permit issued by the Kentucky Division of Water (KDOW) under designated authority by the United States Environmental Protection Agency (USEPA) that authorizes the discharge of pollutants in water discharges associated with construction activity (also known as the “Construction General Permit” or “KYR10").
KENTUCKY POLLUTANT DISCHARGE ELIMINATION SYSTEM (KPDES) STORMWATER DISCHARGE PERMIT. A permit issued by the Kentucky Division of Water (KDOW) under designated authority by the United States Environmental Protection Agency (USEPA), whether the permit is applicable on an individual, group or general area-wide basis.
LAND-DISTURBING ACTIVITY. All clearing and grubbing, clear cutting, construction, reconstruction, grading, modification, extension or expansion of structures or parking areas, placement of fill and dumping that change the natural cover or topography, thereby creating the potential for erosion and contribution of sediment.
LANDOWNER. A person holding legal title who directly or indirectly allows the land-disturbing activity or who benefits from it.
LAND SURVEYOR. A person licensed as a Professional Land Surveyor in the Commonwealth of Kentucky according to KRS Chapter 322.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). A conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains, that is designed or used for collecting or conveying water, not privately owned, not a combined sewer and not part of a publicly owned treatment works (POTW).
NOI. Notice of Intent.
NON-STORMWATER DISCHARGE. Any discharge to the storm drainage system that is not composed entirely of water or otherwise allowed by this subchapter.
NOT. Notice of Termination.
OUTFALL. The point or location where water runoff discharges from a BMP, conduit, stream or drain, storm sewer, channel or detention/retention facility.
PERIMETER CONTROL PLAN (PCP). A component of the Water Quality Management Plan that documents how sediment is controlled from leaving the project site.
PERIMETER OUTFALL. The locations from which water flow(s) from the project site/disturbed area.
PERMITTEE. The person responsible for the land-disturbing activity; who must have ownership interest in the property and is designated on an approved SWQMP Permit.
PERSON. Except to the extent exempted from this subchapter, any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, town or other political subdivision of the state, any interstate body or any other legal entity conducting land-disturbing activities subject to this subchapter.
POLLUTANT. Anything of a chemical component of nature which causes or contributes to pollution.
POLLUTION. The contamination or other alteration of any water’s physical, chemical or biological properties by the addition of a constituent.
POST-CONSTRUCTION WATER POLLUTION PREVENTION PLAN (P-WPPP). A component of the Water Quality Management Plan that illustrates how the pollutants or pollution will be prevented, treated and otherwise managed in the long-term, beyond that of construction phases.
PREMISES. Any building, lot, parcel of land or portion of land whether improved or unimproved.
PROJECT SITE. The area of land disturbing activity.
QUALIFIED PROFESSIONAL. An individual who is trained and experienced in water treatment techniques and related fields as may be demonstrated by state registration, professional certification, experience or completion of coursework, as accepted according to this subchapter, that enable the individual to make sound, professional judgments regarding water control or treatment and monitoring pollutant rate, transport and drainage planning. The city reserves the right to require an engineer’s review and certification for plan modification, where appropriate.
RETENTION BASIN. A drainage facility constructed to contain the runoff of water to a prescribed maximum rate/volume to pass into the groundwater system without discharging the retained volume to surface waters except through an emergency bypass under conditions beyond the designed capacity.
SITE. The entire area or project site of the land-disturbing activity as proposed in the permit application.
STOP WORK ORDER. An order by the city directing a permittee to suspend all construction and/or operations except for work related to remediation of the violation.
STORM SEWER. Channel, ditch, catch basin, inlet pipe, culvert, conduit or other conveyance used for the purposes of collecting and conveying water.
WATER POLLUTION PREVENTION PLAN (WPP). A component of the Water Quality Management Plan that illustrates how the suspension of sediment and other construction pollutants will be prevented.
WATER QUALITY MANAGEMENT PLAN (WQMP). Illustration and documentation of how sediment and other pollutants are managed on the project site during and after the construction phase. This is composed of three primary elements:
(1) The Perimeter Control Plan;
(2) The Water Quality Pollution Prevention Plan; and
(3) The Post-Construction Water Quality Pollution Prevention Plan.
WATER QUALITY MANAGEMENT PLAN (WQMP) PERMIT. A legal document that allows the permit holder to break ground or disturb soil on a site within the provisions of a SWQMP.
WATERS OF THE COMMONWEALTH. Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells and other bodies of surface and subsurface water, natural or artificial, lying within or forming a part of the boundaries of the Commonwealth of Kentucky which are not entirely confined and retained completely upon the property of a single person.
(Ord. 2009-1, passed 5-4-2009)
(A) Program objectives.
(1) Protection of the short-term and long-term public health, safety and general welfare. This objective will be achieved by the following:
(a) Providing for regulation and management of the city’s water system, including public and private facilities in the city’s service area;
(b) Protecting and preserving water quality and thereby fish and wildlife habitat within the city and in downstream receiving waters; and
(c) Protecting those downstream and adjacent properties from water quality impairment.
(2) Compliance with state and federal water regulations developed pursuant to the Clean Water Act Amendments of 1987 and subsequent amendments. This objective will be achieved by the following:
(a) Benefitting water quality to a level of “designated use” as defined by the Clean Water Act §§ 305(b) and 303(d) and minimizing the impacts from new development and/or areas of significant redevelopment;
(b) Managing the quality of water discharged to the MS4 by controlling the contribution of pollutants associated with new development and redevelopment;
(c) Prohibiting illicit discharges to water;
(d) Managing the discharge of spills and dumping or any disposal of materials other than water into the system;
(e) Managing water pollution caused by the suspension and transport of soils, sediment and other construction pollutants;
(f) Minimizing damage to public facilities and utilities;
(g) Managing the use of the public and private water/drainage system that will not result in excessive maintenance costs;
(h) Encouraging the use of natural and aesthetically-pleasing designs that maximize the preservation of natural areas;
(i) Guiding the construction of water management facilities by developing comprehensive master plans that address water quantity, quality, design, operation and maintenance;
(j) Encouraging the preservation of floodplains, floodways and open spaces to protect and benefit the community’s quality of life and natural resources; and
(k) Encourage the planning for and use of regional BMPs.
(B) General approach for development.
(1) To most effectively achieve the program objectives, the city promotes an approach that encourages the consideration and use of:
(a) Regional BMPs;
(b) Low-impact development design principles;
(c) Waterway buffers;
(d) Low maintenance on-site BMPs; and
(e) A series of multiple BMP treatment systems.
(2) The city will encourage a primary preference for regional BMPs through:
(a) Enabling and facilitating private partnerships where on-site water quantity and/or quality requirements may be achieved or offset by watershed based solutions;
(b) Enabling and supporting private to public partnerships, offsets and regional BMP banking, and in-lieu fee funds; and
(c) In support of this approach, the city integrates into the planning and construction plan review processes, when and where available, the use of:
1. City Council adopted watershed studies;
2. City Council adopted master plans;
3. FEMA floodplain delineations; and
4. USEPA, KDOW 303(d) reports.
(Ord. 2009-1, passed 5-4-2009)
Upon written request to the person, the city shall have safe and easy access to the areas to be inspected and/or monitored.
(A) The city shall have the right-of-entry on or upon the project site. The city shall be provided access to all parts of the premises subject to this subchapter for the purposes of inspection, monitoring, sampling and for the performance of other duties necessary to determine compliance with this subchapter.
(B) Where a project site has security measures in place which require proper identification and clearance of individuals before entry into its premises, the person shall make necessary arrangements with its security personnel so that, upon presentation of suitable identification and written request, the city will be permitted to enter without delay for the purposes of performing specific responsibilities.
(C) The city shall have the right to set up on a project site such devices necessary to conduct sampling and/or metering of the water operations or discharges.
(D) Any temporary or permanent obstruction to safe and easy access to the areas to be inspected and/or monitored that can reasonably be moved shall be removed promptly by the person at the written or verbal request of the city. The costs of clearing such access shall be borne by the person.
(E) The city or its designated representative may inspect the facilities of any user in order to ensure compliance with this subchapter. Such inspections shall be made with the consent of the owner, manager or signatory official. If such consent is refused, denied or not promptly addressed, the city may seek issuance of a search warrant.
(F) The city has the right to determine and impose inspection schedules necessary to enforce the provisions of this subchapter. Inspections may include, but are not limited to, the following:
(1) An initial inspection prior to Water Management Plan approval;
(2) An inspection prior to burial of any underground drainage structures;
(3) Erosion control inspections as necessary to determine effective control of sediment prior to discharge to the municipal separate storm sewer system;
(4) A finish or closeout inspection when all work, including installation of storm management facilities, has been completed; and
(5) An inspection to determine the effectiveness or operational viability of a permanent or long-term water quality management practice(s).
(Ord. 2009-1, passed 5-4-2009)
Loading...