8-6-3: STORMWATER MANAGEMENT AND PERMIT:
   A.   City Stormwater Permit Required: Except as otherwise exempted under subsection B of this section, any person or entity proposing to disturb one acre or more of ground in connection with any development, land disturbance, or construction activity within the city or any person or entity proposing to disturb less than one acre of ground which is part of a larger common plan of development that disturbs one acre or more ground shall be required to obtain a stormwater permit from the city. Such permit is required to be obtained prior to or in conjunction with the issuance of any demolition, excavation, land disturbance, building, site plan, land use or subdivision permit or approval or any development or construction activity within the city. A stormwater permit shall also be required for any building permit for a structure requiring earthmoving, unless otherwise waived by the stormwater official. In determining whether to grant a waiver, the stormwater official shall consider the following with respect to the property and circumstances associated with the same: topography, vegetation, wetlands, steep slopes, sensitive areas, high water table, proximity to water channels, creeks, well or riparian areas.
   B.   Exemptions: A stormwater permit is not required for the following activities:
      1.   Any emergency activity that is immediately necessary for the protection of life, property or natural resources; or
      2.   Existing nursery and agricultural operations legally conducted as a permitted main or accessory use.
   C.   City Stormwater Permit Application: A completed application for a stormwater permit shall be submitted to the stormwater official on forms provided by the city. All applications for a stormwater permit shall contain the following information and/or documents:
      1.   The name, address and contact information for the owner of the site, the developer of the site, contractors working at the site, and any consulting firm retained by the applicant;
      2.   The proposed starting date and estimated completion date for the proposed work and/or construction activity;
      3.   A city stormwater pollution prevention plan, as more particularly described in subsection D of this section, for the subject property and the proposed construction activities to be prepared and implemented in accordance with the terms and conditions of this chapter;
      4.   A copy of the UPDES permit issued by the state and a copy of the stormwater pollution prevention plan submitted in conjunction with the UPDES permit for the subject property and the proposed construction activities, as applicable;
      5.   The required stormwater pollution prevention review and application fee as set forth in the city's fee schedule; and
      6.   A bond in the amount deemed sufficient by the city to cover all costs and required performance under the terms and conditions of this chapter regarding stormwater pollution prevention, including, but not limited to, compliance with the terms and conditions of this chapter, the stormwater pollution prevention plan, and any additional conditions required by the stormwater official or city engineer as provided herein. All bonds shall comply with the provisions of subsection F of this section.
   D.   City Stormwater Pollution Prevention Plan:
      1.   A city stormwater pollution prevention plan ("city SWPPP") shall be required with all permit applications and shall include sufficient information (e.g., maps, hydrologic calculations, soil reports, erosion and sediment control plan, etc.) to evaluate the environmental characteristics of the project site, the potential impacts of all proposed development of the site, both present and future, on the water resources, and the effectiveness and acceptability of the structural and/or nonstructural BMPs proposed for managing stormwater generated at the project site. The city SWPPP shall include a landscaping plan in accordance with subsection Q3 of this section. The intent of the city SWPPP is to determine the type of stormwater BMPs necessary for the proposed project and to ensure adequate planning for long term operation, management, and maintenance of stormwater runoff from future development. The stormwater official may prepare a city SWPPP checklist for assistance in preparing such plans.
      2.   For development, redevelopment or construction activities occurring on a previously developed site, an applicant shall be required to include within the city SWPPP BMPs for controlling existing stormwater runoff discharges from the site in accordance with the standards of this chapter to the maximum extent practicable.
      3.   For developments, projects or construction activities involving a residential, commercial or industrial subdivision, the applicant shall be required to include with the city SWPPP individual lot development standards and recommended BMPs for home or building construction activities within the subdivision.
      4.   For projects, developments and construction activities requiring a state UPDES permit and SWPPP, applicants may submit the SWPPP submitted to the state for purposes of the city SWPPP, provided the city reserves the right to require additional information or conditions in accordance with the provisions of this chapter.
      5.   For individual lot developments, projects or construction activities within a subdivision previously approved under the terms and conditions of this chapter, including issuance of a city stormwater permit and city SWPPP, the applicant may submit the city SWPPP submitted for the previously approved subdivision, provided the city reserves the right to require additional information or conditions in accordance with the provisions of this chapter.
      6.   The stormwater official may waive any city SWPPP requirements set forth herein in conjunction with the issuance of a stormwater permit for any building permit or individual lot development or construction activity which is not subject to the federal EPA requirements to obtain a city stormwater permit (i.e., disturbs 1 acre or more of ground in connection with any development, land disturbance, or construction activity within the city or disturbs less than 1 acre of ground which is part of a larger common plan of development that disturbs 1 acre or more of ground). In determining whether to grant a waiver of any of the city SWPPP requirements, the stormwater official shall consider the following with respect to the property and circumstances associated with the same: topography, vegetation, wetlands, steep slopes, sensitive areas, high water table, well or riparian areas, and existing construction and infrastructure.
   E.   Licensed Professional Engineer: All proposed stormwater facilities and submitted plans shall be calculated, designed and certified by a licensed professional engineer.
   F.   Bond: Prior to issuance of a stormwater permit, the applicant and responsible parties shall enter into a bond agreement with the city to insure completion of, compliance with, and performance under the terms and conditions of this chapter regarding stormwater pollution prevention, including, but not limited to, compliance with the terms and conditions of this chapter, the stormwater pollution prevention plan, and any additional conditions required by the stormwater official and/or city engineer as provided herein. The bond agreement shall be in a form and contain such provisions as approved by the city. Such provisions may be included in and combined with any other additional bonds required for the project, development or construction activity, such as the public improvements bond for subdivisions. The bond amount shall be determined by the stormwater official and city engineer on a case by case basis depending upon the property and circumstances, including, but not limited to, the stormwater BMPs proposed for the project. The city shall have the right to use the bond proceeds in the event the permit holder fails to comply with the terms and conditions of the bond agreement. The city shall retain a percentage of the bond proceeds to cover administrative costs incurred by the city in obtaining compliance or completion of improvements. If the bond proceeds are inadequate to pay the cost of completion of, compliance with, and performance under the terms and conditions of the bond agreement, the permittee shall be responsible for the deficiency and no further construction or development activities shall be conducted on the project until the deficiency is paid or remedied and a new bond, satisfactory to the city, is executed and delivered.
   G.   Permit Review And Approval: The stormwater official and/or city engineer shall review all stormwater permit applications and city SWPPP for compliance with the terms and conditions of this chapter. In the event the stormwater permit application or city SWPPP as submitted is deemed inadequate or fails to meet the terms and requirements of this chapter, the stormwater official and/or city engineer may require additional information or impose additional conditions and requirements on the proposed construction activities to the extent necessary to bring the application and/or plan into compliance with the terms and purposes of this chapter. Failure to comply with the terms and conditions of this chapter shall be grounds for denial of the stormwater permit and/or any development, land use, subdivision or land disturbance permit or approval. No construction activity, land use or land disturbance activity shall occur on the subject property until a stormwater permit is approved by the stormwater official and/or city engineer.
   H.   Notice Of Commencement Of Work: After issuance of a permit, the stormwater official shall be notified by the permittee of proposed commencement of the work at least twenty four (24) hours prior to commencement of work.
   I.   Permit Duration And Extensions: A stormwater permit shall be valid for the time period specified in the permit. If the work is not completed during such period, prior to the expiration of the permit, the permittee may apply to the city for a permit extension. A permit extension shall be reviewed and approved by the stormwater official and/or city engineer and shall only be issued upon a showing of good cause. The length of the extension shall not exceed the original term and shall be determined by the stormwater official and/or city engineer. Any extension shall require written review and amendment to the stormwater permit, SWPPP, and bonding, as necessary.
   J.   Permit Not Transferable Or Assignable: Stormwater permits shall not be transferable or assignable and work shall not be performed under a permit in any place other than that specified in the permit. Nothing contained herein shall prevent a permittee from subcontracting the work to be performed under a permit; provided, however, that the holder of the permit shall be and remain responsible for the performance of the work under the permit, and for all bonding, insurance and other requirements of this chapter. Subcontractors shall be appropriately licensed, insured and bonded.
   K.   Compliance With Other Ordinances: The issuance of any stormwater permit by the city shall be subject to and conditioned upon compliance with all applicable city ordinances regarding the proposed land disturbance or construction activity, including, but not limited to, subdivision ordinance, zoning ordinance, excavation, erosion control and grading permit ordinances, and other land use development requirements.
   L.   Permit Kept On Site: Any approved stormwater permit, SWPPP and all related documents and plans shall be kept on site at the project.
   M.   Inspection: Field inspections may occur during and postconstruction to verify BMPs are built and properly designed and to ensure BMPs are properly maintained. Field inspections for compliance with this chapter and any permits issued hereunder shall be conducted by the stormwater official, the city building inspector, the city ordinance enforcement officer, and/or other designated agent of the city. The stormwater official may prepare an inspection checklist to assist in field inspections.
   N.   As Built Plans: In addition to all other ordinance requirements, all permittees subject to the terms and conditions of this chapter are required to submit actual as built plans for any and all permanent stormwater BMPs and facilities after final construction is completed. As built plans must show the final design specifications for all stormwater BMP facilities and must be certified by a licensed professional engineer. A final inspection by the stormwater official and/or city engineer is required before release of any bond may occur.
   O.   Notice Of Termination (NOT):
      1.   Operators: Operators wishing to terminate coverage under the city stormwater permit must submit a notice of termination (NOT) to the city. Such NOT shall be submitted to the stormwater official.
      2.   Permittees: All permittees must submit a NOT within thirty (30) days after completion of their construction activities and final stabilization of their portion of the site, or another operator taking over all of their responsibilities at the site. A permittee cannot submit a NOT without final stabilization unless another party has agreed to assume responsibility for final stabilization of the site. Appropriate enforcement action may be taken for permit violations where a permittee submits a NOT but the permittee has not transferred operational control to another permittee or the site has not undergone final stabilization.
   P.   Stormwater Management Performance Criteria: Unless determined by the stormwater official and/or city engineer to be exempt or granted a waiver, the following performance criteria shall be utilized and addressed for stormwater BMPs at all sites and proposed land disturbance or construction activities.
      1.   All site designs shall establish stormwater BMPs to control the peak flow rates of stormwater discharge associated with specified design storms (specified by the UPDES stormwater general permit for construction activities UTS 100000) and reduce the generation of stormwater. These practices should seek to utilize pervious areas for stormwater treatment and to infiltrate stormwater runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas to the maximum extent practical to provide treatment for both water quality and quantity.
      2.   No stormwater runoff generated from new development shall be discharged directly into a jurisdictional wetland or local water body without adequate treatment. Where such discharges are proposed, the impact of the proposal on wetland functional values shall be assessed using a method acceptable to the stormwater official and city engineer. In no case shall the impact on functional values be any less than allowed by the army corps of engineers (ACE) or the department of environmental quality (DEQ) responsible for natural resources.
      3.   Annual groundwater recharge rates shall be maintained by promoting infiltration through the use of structural and nonstructural methods. At a minimum, annual recharge from the postdevelopment site shall mimic the annual recharge from predevelopment site conditions. This subsection shall not apply to areas with high water tables.
      4.   All site designs shall establish stormwater BMPs to minimize, to the maximum extent practicable, sediment, debris and all other pollutants from entering the storm drain system during all phases of demolition. The owner, developer, contractor and/or their authorized agents shall be responsible for the removal of all construction debris, dirt, trash, rock, sediment, and sand that may accumulate in the storm drain system and stormwater appurtenances as a result of site development.
      5.   All site designs shall establish stormwater BMPs to minimize, to the maximum extent practicable, soil erosion. Any earth disturbance shall be conducted in such a manner so as to effectively reduce accelerated soil erosion and resulting sedimentation. All earth disturbances shall be designed, constructed, and completed in such a manner so that the exposed area of any disturbed land shall be limited to the shortest possible period of time. Soil erosion control measures for all slopes, channels, ditches, or any disturbed land area shall be completed within fourteen (14) calendar days after final grading, or final earth disturbance, has been completed. All temporary soil erosion control measures shall be maintained until permanent soil erosion control measures are implemented.
      6.   Stormwater discharges to critical areas with sensitive resources (i.e., cold water fisheries, shellfish beds, swimming beaches, recharge areas, water supply reservoirs) may be subject to additional performance criteria, or may need to utilize or restrict certain stormwater BMPs.
      7.   Stormwater discharges from land uses or activities with higher potential pollutant loadings, known as "hotspots", may require the use of specific structural BMPs and pollution prevention practices.
      8.   Postconstruction stormwater BMPs, where practicable, shall be installed during the construction process to control pollutants in stormwater discharges that will occur after construction operations have been completed. Postconstruction stormwater BMPs may include, but are not limited to, stormwater detention structures (including wet ponds); stormwater retention structures; flow attenuation by use of open vegetated swales and natural depressions; infiltration of runoff on site; and sequential systems (which combine several practices).
      9.   Prior to design, applicants shall consult with the stormwater official to determine if the project or activity is subject to additional stormwater design requirements.
   Q.   Stormwater Management Design Criteria:
      1.   Site Design: Stormwater BMPs for a site shall be chosen based on the physical conditions of the site. Among the factors that should be considered:
         a.   Topography;
         b.   Maximum drainage area;
         c.   Depth of water table;
         d.   Removal of suspended sediment;
         e.   Soils;
         f.   Slopes;
         g.   Terrain;
         h.   Elevation head; and
         i.   Location in relation to environmentally sensitive features.
      2.   Conveyance: All stormwater BMPs shall be designed to convey stormwater to allow for the maximum removal of pollutants and reduction in flow velocities. This shall include, but is not limited to:
         a.   Maximizing of flow paths from inflow points to outflow points;
         b.   Protection of inlet and outfall structures;
         c.   Elimination of erosive flow velocities; and
         d.   Providing of underdrain systems, where applicable.
      3.   Landscaping: When deemed necessary by the stormwater official or city engineer, all stormwater BMPs and city SWPPP shall have a landscaping plan detailing both the vegetation to be in the project and how and who will manage and maintain this vegetation. When required, this plan shall be prepared by a registered landscape architect.
      4.   Maintenance: The permittee carrying out all BMPs and control measures under the provisions of this chapter, and all subsequent owners or tenants of the property on which such measures have been taken, shall maintain all temporary and permanent BMPs and control measures. Should the permittee, or any subsequent property owner and/or tenants, fail to adequately maintain the temporary and permanent BMPs and control measures, the city reserves the authority to enter the affected property and to take such action as is necessary in accordance with the enforcement and violation provisions of section 8-6-5 of this chapter.
   R.   Waivers:
      1.   Every applicant shall provide for stormwater management as required by this chapter unless a written request to waive such requirement is filed with and approved by the city. Requests to waive the stormwater management permit and/or plan requirements shall be submitted to the stormwater official and shall be reviewed and approved by the stormwater official and the city engineer. The city is not authorized to grant any waiver of state or federal requirements and no waiver granted by the city hereunder shall be interpreted to grant such authority. The decision to grant a waiver under this subsection shall be within the sole discretion of the city.
      2.   The minimum requirements for stormwater management may be waived in whole or in part upon written request of the applicant and approval by the city, provided that at least one of the following conditions applies:
         a.   It can be demonstrated that the proposed development is not likely to impair attainment of the objectives of this chapter;
         b.   Alternative minimum requirements for on site management of stormwater discharges have been established in a stormwater management plan that has been approved by the stormwater official and city engineer and the implementation of the plan is required by city ordinance;
         c.   Provisions are made to manage stormwater by an off site facility. The off site facility is required to be in place, to be designed and adequately sized to provide a level of stormwater control that is equal to or greater than that which would be afforded by on site practices and there is a legally obligated entity responsible for long term operation and maintenance of the stormwater practice; or
         d.   The stormwater official and city engineer find that meeting the minimum on site management requirements is not feasible due to the natural or existing physical characteristics of a site.
      3.   In instances where one of the conditions above applies, the stormwater official and city engineer may grant a waiver from strict compliance with these stormwater management provisions, as long as acceptable mitigation measures are provided. However, to be eligible for a waiver, the applicant must demonstrate to the satisfaction of the stormwater official and city engineer that the waiver will not result in the following impacts to downstream waterways:
         a.   Deterioration of existing culverts, and other structures;
         b.   Degradation of biological functions or habitat;
         c.   Accelerated stream bank or streambed erosion or siltation; or
         d.   Increased threat of flood damage to public health, life, property.
      4.   Where compliance with minimum requirements for stormwater management is waived, the applicant will satisfy the minimum requirements by meeting one of the mitigation measures selected by the jurisdictional stormwater authority. Mitigation measures may include, but are not limited to, the following:
         a.   The purchase and donation of privately owned lands, or the grant of an easement to be dedicated for preservation. These lands should be located adjacent to the stream corridor in order to provide permanent buffer areas to protect water quality and aquatic habitat;
         b.   The creation of a stormwater management facility or other drainage improvements on previously developed properties, public or private, that currently lack stormwater management facilities designed and constructed in accordance with the purposes and standards of this chapter; or
         c.   Monetary contributions (fee in lieu) to fund stormwater management activities such as research and studies (e.g., regional wetland delineation studies, stream monitoring studies for water quality and macro invertebrates, stream flow monitoring, threatened and endangered species studies, hydrologic studies, and monitoring of stormwater BMPs).
   S.   Fee In Lieu: Where the city waives all or part of the minimum stormwater management requirements, or where the waiver is based on the provision of adequate stormwater facilities provided downstream of the proposed development, the applicant shall be required to pay a fee in an amount determined by the city in accordance with the provisions of this section. When an applicant obtains a waiver of the required stormwater management, the monetary contribution required shall be in accordance with a fee schedule (unless the developer and stormwater authority agree on a greater alternate contribution) established by the city, and based on the cubic feet of storage required for stormwater management of the development in question. All of the monetary contributions shall be credited to an appropriate capital improvements program project, and shall be made by the developer prior to the issuance of any city approval or permit for the development, land disturbance or construction activity.
   T.   Dedication Of Land: In lieu of a monetary contribution, an applicant may obtain a waiver of the required stormwater management by entering into an agreement with the city for the granting of an easement or the dedication of land by the applicant, to be used for the construction of an off site stormwater management facility. The agreement shall be entered into by the applicant and the city prior to the recording of plats, or, if no record plat is required, prior to city approval or permit for the development, land disturbance or construction activity. (Ord. 2012-03, 10-2-2012)