§ 150.106 CONSTRUCTION SITE RUNOFF MANAGEMENT.
   (A)   Perimeter control plan. The permittee shall secure the perimeter prior to any land disturbance to decrease off-site sedimentation once construction begins.
      (1)   Control plan objectives.
         (a)   Focus on downstream points and outfall areas and does not necessitate protection of the entire site boundary;
         (b)   Protect adjacent properties by the use of vegetated strips along lower perimeters, sediment barriers, filters, diversion berms, sediment basins or other means acceptable to the city;
         (c)   Protect all points of discharge from outlets such as pipes, drains, culverts, conduits and channels;
         (d)   Minimize erosion and control sedimentation; and
         (e)   Reduce the velocity of flows from the project site.
      (2)   Control plan requirements.
         (a)   The permittee shall utilize sediment control measures that consider the type of flow, site terrain, soil type and other relevant factors.
         (b)   Buffer strips may only be utilized for sheet flow.
         (c)   Supplemental control measures shall be utilized when a single control device or measure proves ineffective.
         (d)   Location and description of construction entrances and exits that comply, or exceed, with BMP minimum standards.
         (e)   Minimum requirements of the KPDES General Permit for Stormwater Discharges Associated with Small Construction Activities (KYR10).
   (B)   Perimeter and outfall inspections.
      (1)   The perimeter and outfall protection inspection must be performed prior to the permittee’s breaking ground or disturbing soil with exception for installation of sediment control practices at the hydrologic perimeter and outfall(s) of a construction site. The inspection shall include participation by the city, the permittee and the permittee’s contractor.
      (2)   The perimeter and outfall protection inspection may only be performed after the review and acceptance by the city of a Perimeter Control Plan.
      (3)   Clearing, except that necessary to establish perimeter sediment control devices, shall not begin until perimeter and outfall sediment control devices have been installed and have been stabilized. Activities necessary to establish the perimeter controls are exempt from initial inspection.
      (4)   The city shall inspect the proposed construction site within seven normal business days after the submittal of the plan and installation of the perimeter protection devices.
         (a)   The Inspector shall, in writing, either approve the portion of work completed or notify the permittee where the work fails to comply with the approved Perimeter Protection Plan.
         (b)   Failure by the city to perform the inspection within seven normal business days will allow the permittee to begin land-disturbing activities, but may be subject to subsequent inspections by the city and revisions in the Perimeter Protection Plan.
         (c)   Inspection of perimeter and outfall protection measures shall consist of a written checklist for each type of protective measure to ensure that it was installed according to the approved plan and site-specific conditions.
         (d)   Measures shown on the plan may be modified at the time of inspection pursuant to agreement between the city and the permittee’s engineer or qualified professional.
   (C)   Other inspections. The city may inspect a permitted construction site in order to determine compliance with this subchapter. The city may determine and establish inspection schedules necessary to enforce the provisions of this subchapter within access provided in divison (D) below.
   (D)   Water Quality Management Plan (WQMP) Permit (“Water Quality Permit”).
      (1)   By accepting the permit, the permittee automatically acknowledges and accepts that the city has the right to perform inspections of the project site.
      (2)   The permittee shall complete a permit application that includes a Water Quality Pollution Prevention Plan (WPPP), Perimeter Control Plan (PCP) and Post-Construction Water Quality Pollution Prevention Plan (P-WPPP) to be completed, sealed and signed by a licensed professional engineer and land surveyor as appropriate and submitted to the city representative.
      (3)   The plan shall include and/or address the following elements:
         (a)   Area vicinity map showing current zoning, adjoining property owners and street lines within 100 feet of the project boundaries all drawn at a scale not greater than one inch = 2,000 feet;
         (b)   North arrow and its basis;
         (c)   Legend explaining symbols and abbreviations used on the plan;
         (d)   “Do Not Disturb Limits” for construction activity indicated by a heavy dashed line and labeled as such;
         (e)   Boundary of site defined by bearings and distances and indicated by a heavy solid line;
         (f)   Drawing(s) at a scale not greater than one inch = 100 feet. In the case of an unusually large development, a scale of one inch = 200 feet may be acceptable;
         (g)   Acreage of the total site and acreage of the project site (if different);
         (h)   Directly Connected Impervious Area (DCIA);
         (i)   Impervious areas as measured in square feet;
         (j)   Benchmark location(s), description(s) and elevation(s) at sea level;
         (k)   Basis of elevation datum;
         (l)   Name, address and telephone number of the owner, developer, permittee and project engineer;
         (m)   Existing and proposed topography at two-foot contour intervals;
         (n)   Mapping accuracy shall conform to National Standards of Mapping;
         (o)   Location of sinkholes, streams, steep slopes, known springs and watercourses;
         (p)   Location of any existing buildings or structures;
         (q)   Location of any pertinent utilities, sanitary sewers, water and stormwater facilities on the property or within 50 feet of the site;
         (r)   Elevations, dimensions, locations and the extent of all planned grading indicated with proposed contours;
         (s)   A grading plan for borrow pits, quarries and material-processing facilities based on the findings of soil site investigations;
         (t)   Design details of temporary and permanent structural controls;
         (u)   Approximate location of the 100-year floodplain or a statement by a professional engineer or professional land surveyor that the site is not located in an area subject to flooding. The basis for this determination shall be shown;
         (v)   A detailed quantity estimate for water quality management controls and measures;
         (w)   Identification of perimeter controls at outfalls and areas where construction site drainage leaves the property boundary or disturbed area(s);
         (x)   Arrows indicating drainage flow patterns;
         (y)   Location, dimensions, detailed specifications and construction details of all temporary and permanent water quality measures;
         (z)   Temporary stabilization plans and sequence of implementation;
         (aa)   Permanent stabilization plans and sequence of implementation;
         (bb)   Anticipated construction sequence describing the relationship between implementation of water quality measures and stages of construction activities;
         (cc)   Anticipated inspection and maintenance requirements for permanent and temporary measures. This shall include the expected frequency of routine inspections and maintenance activities such as removal of sediment and waste concrete; and
         (dd)   Management practices or other controls to address the following:
            1.   Waste concrete management;
            2.   Material delivery, handling and storage;
            3.   Sanitary/septic waste management;
            4.   Solid waste/trash and debris management;
            5.   Vehicle and equipment cleaning, fueling and maintenance;
            6.   Sensitive and vegetated area preservation;
            7.   Pit and channel de-watering operations;
            8.   Contaminated soil management as defined and approved by the Kentucky Divisions of Water and Waste Management;
            9.   Hazardous materials and waste management as defined and approved by the Kentucky Divisions of Water and Waste Management;
            10.   Pesticides, herbicides and fertilizer use; and
            11.   Long-term water quality treatment.
      (4)   Plan revisions. The permittee shall notify the city in writing of any substantial field changes made to the approved Water Quality Management Plan. Changes made to the plan must be approved by the city representative, prior to implementation.
      (5)   Plan review and permit issuance. The city shall review the SWPPP within a reasonable time frame, typically 30 calendar days, from date of submission and issue or deny the requested permit. Failure to do so will allow the person to proceed with land-disturbing activities in accordance with BMPs and the submitted SWPPP. However, the city still reserves the right to review and require changes it determines appropriate.
      (6)   Requirements for individual lots.
         (a)   A separate water quality permit is not required for individual lots disturbing less than 20,000 square feet or more of land. For any land disturbance over 2,000 square feet but less than 20,000 square feet, the landowner must nevertheless follow Best Management Practices.
         (b)   All water quality management measures necessary to comply with this subchapter must be implemented in accordance with the permitted plan for the larger project and adhere to the general standard or those of a common area plan.
         (c)   The individual permittee is responsible for the installation and maintenance of all erosion prevention and sediment control measures until the site is stabilized.
         (d)   The permittee, whether owning the property or acting as the representative of the property owner, shall submit to the city the following information for review and approval prior to the issuance of a building permit:
            1.   Dimensions, elevations, drainage patterns and swales, and location of existing buildings and natural features that are pertinent to this subchapter;
            2.   Proposed drainage patterns;
            3.   Location of the construction access to the site;
            4.   Location of perimeter erosion and sediment control measures prior to land disturbance; and
            5.   The total square footage amount of disturbed area required by the project.
         (e)   Temporary erosion prevention and sediment control measures may be removed for completion of the finish grade. Permanent stabilization to include either sod or mulched-seeding as appropriate for seasonal conditions shall be completed within 14 days prior to removal of temporary erosion prevention and sediment control measures.
(Ord. 2009-1, passed 5-4-2009)