(A) The permittee shall submit a completed Notice of Termination (NOT) the city and the Kentucky Division of Water (KDOW) per the KPDES General Permit for Stormwater Discharges Associated with Small Construction Activities (KYR10).
(B) Written acceptance of site conditions shall be made by the city based upon an inspection.
(C) The city shall consider whether conditions are sufficient, appropriate and consistent with the SWQMP.
(D) A permit shall be considered open and active until the city accepts the site conditions, a Long-Term Operation and Maintenance Agreement has been accepted and after the following as-built requirements have been completed:
(1) Temporary erosion and sediment control measures have been removed;
(2) The remaining, undeveloped acreage that was subject to the permit does not exceed five acres;
(3) The designed public utilities are installed and have been inspected by the appropriate agencies;
(4) The road(s) have been constructed and the binder course of pavement has been placed in accordance with the standards in the subdivision regulations;
(5) The remaining undeveloped acreage that was subject to the permit does not pose a significant threat to the integrity of the infrastructure, adjacent properties or water quality;
(6) Permanent water quality BMPs and other measures have been implemented and are operational at the designed levels;
(7) Pipes, channels, catch basins, water quality treatment devices and other drainage features are clear of sediment, obstructions and debris, and are operating as designed and appropriate for final site conditions;
(8) Disturbed slopes are stabilized;
(9) Detention and retention basins are stabilized at designed volumes and conditions; and
(10) The city shall have 21 normal business days to perform an inspection and respond to the request. If the city does not respond within the 21 normal business days, then the request shall be granted automatic approval.
(E) As-built requirements.
(1) Prior to issuance of a Certificate of Occupancy, recording of the final plat or final release of bond, the as-built condition (including: invert elevations, size shape and location) of critical water quality management features must be identified, approved and provided in a electronic form to the city representative.
(2) The volume, slopes, configuration, condition and topographic information of all detention, retention and water quality practices shall be certified by a professional engineer or land surveyor, as appropriate, licensed in the Commonwealth of Kentucky. This information shall be provided to the city, in the form of an as-built drawing or other electronic form accepted by the city. The as-built certification shall indicate if final conditions are consistent with, or exceed, the SWQMP provisions.
(3) If it is determined that information provided in the as-built drawing, certification, inspection or survey of the site does not meet or exceed the SWQMP provisions, the city reserves the right to withhold Certification of Occupancy or final bond release. Furthermore, other enforcement mechanisms may be applied to the permittee or persons making certifying statements.
(4) The requirements of this section do not apply for individual residential lot development.
(Ord. 2009-1, passed 5-4-2009)