§ 55.01  FINDINGS.
   (A)   The United States EPA’s national pollutant discharge elimination system (“NPDES”) permit program administered by the State 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 definition 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.
(Ord. 2007-18, passed 9-25-2007)