(A) For projects requiring post construction BMPs, plans that are submitted as part of the application process (e.g. building permit, detailed development plan or subdivision plan,) (collectively referred to herein as "permit") shall conform to the design criteria set forth in the version of the City of Shelbyville Stormwater Best Management Practice Manual that is the most current at the time permit is submitted; and such plans shall be designed to accommodate the quantity, flow, and discharge for the 80th percentile, 24-hour storm event. Design shall require, in combination or alone, management measures that are designed, built and maintained to treat, filter, flocculate, infiltrate, screen, evapotranspire, harvest and reuse stormwater runoff, or otherwise manage the stormwater runoff quality. The Manual is available online at www.shelbyvillekentucky.com. Based on the review of the permit application, the city will:
(1) Approve the permit application;
(2) Approve the permit application subject to such conditions as may be necessary to meet the requirements/intents of the objectives this article/City of Shelbyville Stormwater Best Management Practices Manual and issue the permit subject to these conditions; or
(3) Deny the permit application, indicating the reason(s) and procedure for submitting a revised application and/or subdivision.
(B) The city reserves the right to inspect the site prior to any construction activity in furtherance of the review process.
(C) The city's approval of the permit is for general compliance with local requirements and the KYDOW general permit. The designer is ultimately responsible for the details of the design, with the property owner being responsible for implementation.
(D) For projects that cannot meet this water-quality treatment standard, the property owner may choose either of the following options:
(1) Off-site mitigation option: Under this option the property owner shall implement infiltration/evapotranspiration/reuse measures at another location within the same watershed as the original project, pursuant to a design submitted to the city and which must meet city approval. This option requires easements from affected property owners; further provisions shall be made for perpetual maintenance of such measures through the filing of deed restrictions. The city may assume perpetual maintenance for such a project only to further a significant public purpose.
(2) Payment-in-lieu option: This option allows the owner/operator of a construction site that disturbs at least one acre, or a project that is less than one acre but is part of a larger common plan of development or sale, to choose to make a payment to the city, in lieu of implementing post construction BMPs. The city shall apply these in-lieu to a public stormwater quality project. The amount of payment-in-lieu shall be 150% of the design and installation of required post-construction facilities for the proposed development. The amount shall be submitted by the developer for review and approval by the city.
(Ord. 2009-10-01, passed 10-1-09; Am. Ord. 2012-09-20(B), passed 9-20-12)