1. MS4 Permit Obtained By City. The U.S. EPA’s National Pollutant Discharge Elimination System (NPDES) permit program (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.
2. Enforcement of Program; Requirements and Restrictions. 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 State NPDES General Permit No. 2 stormwater permit coverage is required by adopting a post-construction stormwater management ordinance designed to:
A. Require water quality and quantity components be considered in the design of new construction and implemented when practical; and
B. Promote the use of stormwater detention and retention, grass swales, buffer strips, and proper operation and maintenance of these facilities; and
C. Allow use of bio-retention swales and riparian buffers where practical and the soils and topography are suitable to ensure such measures will be effective in accomplishing the purpose of this chapter; and
D. Prohibit construction activities from commencing until the plans for post-construction runoff controls have been submitted to the City; and
E. 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 No. 2 which require post-construction compliance by applicants.
3. City Responsible For Funding. 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.
4. Definitions. In addition to the terms defined in Section 100.01 of this Code of Ordinances the following terms used in this chapter shall have the meanings specified as follows:
A. “Applicant” means any person, firm, or entity applying for a permit to develop, grade, or construct within the corporate limits of the City.
B. “BMP” means best management practice. Best management practices are 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.
C. “Building” means any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property. For purposes of this chapter, 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.
D. “City stormwater requirements” means the standards, sizing criteria, BMPs, and other requirements established in this chapter.
E. “Developer” means a person, persons, or entity who undertakes land disturbance activities.
F. “Development” means any manmade 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.
G. “Land disturbance activity” means any activity which changes the volume or peak flow discharge rate of rainfall runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, tree clearing, or any activity which bares soil or rock or involves the diversion or piping of any natural or man-made watercourse.
H. “Landowner” means the legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
I. “Maintenance agreement and covenant” means a legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance for stormwater BMPs.
J. “Redevelopment” means any manmade 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.
K. “Stormwater management” means the use of BMPs to reduce stormwater runoff pollutant loads, discharge volumes, peak flow discharge rates, and improve stream quality.
L. “Stormwater management plan” means 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.
M. “Stormwater Pollution Prevention Plan” (SWPPP) means a plan that is designed to minimize the accelerated erosion, sediment, and other pollutant runoff at a site before, during, and after construction activities.
N. “Iowa Stormwater Management Manual” (ISWMM) means the current Iowa Stormwater Management Manual publication, by whatever name, as amended from time to time by the Iowa Department of Natural Resources in collaboration with the Iowa Stormwater Education Program and other partners.