(A) The United States EPA’s national pollutant discharge elimination system (NPDES) permit program administered by the Iowa Department of Natural Resources (IDNR) requires that cities meeting certain demographic and environmental impact criteria obtain from the IDNR an NPDES permit for the discharge of stormwater from a municipal separate storm sewer system (MS4). The city’s MS4 permit is on file at the office of the City Clerk and is available for public inspection during regular office hours.
(B) As a condition of the city’s MS4 permit, the city is obliged to develop, implement and enforce a program to address stormwater runoff from new construction and reconstruction projects for which the State NPDES general permit #2 stormwater permit coverage is required by adopting a post-construction stormwater management ordinance designed to:
(1) Require water quality and quantity components be considered in the design of new construction and implemented when practical;
(2) Promote the use of stormwater detention and retention, grass swales, buffer strips and proper operation and maintenance of these facilities;
(3) Allow use of bio-retention swales and riparian buffers where practical and the soils and topography are suitable to ensure these measures will be effective in accomplishing the purpose of this chapter;
(4) Prohibit construction activities from commencing until the plans for post-construction runoff controls have been submitted to the city; and
(5) Allow the city to have the ability to access private property for the purpose of enforcement procedures to promote compliance with the State NPDES general permits #2 which require post-construction compliance by applicants.
(C) No state or federal funds have been made available to assist the city with inspections, monitoring and/or enforcing the program. Accordingly, the city shall fund its inspection, monitoring and enforcement responsibilities entirely by fees imposed on the owners of properties which are made subject to the program by virtue of state and federal law and/or other sources of funding established by a separate ordinance.
(D) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. Any person, firm or entity applying for a permit to develop, grade or construct within the corporate limits of the city.
BEST MANAGEMENT PRACTICES (BMPs). Physical practices or structures determined to be practices used to reduce pollutant loads, discharge volumes, peak flow discharge rates, and detrimental changes in stream temperature that affect water quality and habitat. BMPs can be structural or non-structural. Non-structural BMPs focus on preserving open space, protecting natural systems, and incorporating existing landscape features such as wetlands and stream corridors into a site plan to manage stormwater at its source. Structural BMPs include constructed ponds, pavement systems, oil/grease separators, planted vegetative areas such as grassed swales, bioretention and other infiltration based practices, outlet structures and other constructed facilities intended to manage stormwater.
BUILDING. Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property. Structures not intended for shelter such as a pergola, trellis, gazebo and any other constructed obstacle shall also be considered to be BUILDINGS and shall be reviewed for impact on stormwater management.
DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations whether as a single site or part of a larger common plan of development
REDEVELOPMENT. Any human-made change to a previously developed site, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations whether as a single site or part of a larger common plan of development.
STORMWATER MANAGEMENT. The use of BMPs to reduce stormwater runoff pollutant loads, discharge volumes, peak flow discharge rates, and improve stream quality.
STORMWATER MANAGEMENT PLAN. The plan produced by a professional engineer (P.E.) licensed in the State of Iowa demonstrating how stormwater management will be accomplished by a development
(Ord. 2007-18, passed 9-25-2007; Ord. 2021-04, passed 3-9-2021)