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Waukee, IA Code of Ordinance
CODE OF ORDINANCE CITY OF WAUKEE, IOWA
SUPPLEMENT RECORD
CHAPTER 1 CODE OF ORDINANCES
CHAPTER 2 CHARTER
CHAPTER 3 BOUNDARIES
CHAPTER 4 MUNICIPAL INFRACTIONS
CHAPTER 5 OPERATING PROCEDURES
CHAPTER 6 CITY ELECTIONS
CHAPTER 7 FISCAL MANAGEMENT
CHAPTER 8 INDUSTRIAL PROPERTY TAX EXEMPTIONS
CHAPTER 9 URBAN RENEWAL
CHAPTER 15 MAYOR
CHAPTER 16 MAYOR PRO TEM
CHAPTER 17 CITY COUNCIL
CHAPTER 18 CITY CLERK
CHAPTER 19 FINANCE DIRECTOR
CHAPTER 20 CITY ATTORNEY
CHAPTER 21 CITY ADMINISTRATOR
CHAPTER 22 LIBRARY BOARD OF TRUSTEES
CHAPTER 23 BOARD OF APPEALS
CHAPTER 24 PARKS AND RECREATION BOARD
CHAPTER 25 PUBLIC ART ADVISORY COMMISSION
CHAPTER 26 PARK REGULATIONS
CHAPTER 27 SUGAR CREEK MUNICIPAL GOLF COURSE
CHAPTER 28 TRIUMPH PARK
CHAPTER 30 POLICE DEPARTMENT
CHAPTER 35 FIRE DEPARTMENT
CHAPTER 40 PUBLIC PEACE
CHAPTER 41 PUBLIC HEALTH AND SAFETY
CHAPTER 42 PUBLIC AND PRIVATE PROPERTY
CHAPTER 45 ALCOHOL CONSUMPTION AND INTOXICATION
CHAPTER 46 MINORS
CHAPTER 47 CAMPING
CHAPTER 50 NUISANCE ABATEMENT PROCEDURE
CHAPTER 51 JUNK AND JUNK VEHICLES
CHAPTER 52 NOISE CONTROL
CHAPTER 55 ANIMAL PROTECTION AND CONTROL
CHAPTER 56 DANGEROUS AND VICIOUS ANIMALS
CHAPTER 57 URBAN CHICKENS
CHAPTER 60 ADMINISTRATION OF TRAFFIC CODE
CHAPTER 61 TRAFFIC CONTROL DEVICES
CHAPTER 62 GENERAL TRAFFIC REGULATIONS
CHAPTER 63 SPEED REGULATIONS
CHAPTER 64 TURNING REGULATIONS
CHAPTER 65 STOP OR YIELD REQUIRED
CHAPTER 66 LOAD AND WEIGHT RESTRICTIONS
CHAPTER 67 PEDESTRIANS
CHAPTER 68 PARKING REGULATIONS
CHAPTER 70 TRAFFIC CODE ENFORCEMENT PROCEDURES
CHAPTER 75 ALL-TERRAIN VEHICLES AND SNOWMOBILES
CHAPTER 76 BICYCLE REGULATIONS
CHAPTER 77 SKATEBOARDS
CHAPTER 80 ABANDONED VEHICLES
CHAPTER 90 WATER SERVICE SYSTEM
CHAPTER 91 WATER METERS
CHAPTER 92 WATER RATES
CHAPTER 93 WATER WELL PROTECTION
CHAPTER 95 SANITARY SEWER SYSTEM
CHAPTER 96 BUILDING SEWERS AND CONNECTIONS
CHAPTER 97 ON-SITE WASTEWATER SYSTEMS
CHAPTER 98 SEWER SERVICE CHARGES
CHAPTER 99 CONNECTION FEE DISTRICTS
CHAPTER 100 STORMWATER MANAGEMENT UTILITY
CHAPTER 101 ILLICIT DISCHARGE TO STORM SEWER SYSTEM
CHAPTER 102 CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
CHAPTER 103 POST-CONSTRUCTION STORMWATER MANAGEMENT
CHAPTER 104 REGULATION OF INDUSTRIAL WASTEWATER, COMMERCIAL WASTEWATER AND HAULED WASTE
CHAPTER 105 SOLID WASTE CONTROL
CHAPTER 106 COLLECTION OF SOLID WASTE
CHAPTER 107 MANDATORY RECYCLING PROGRAMS
CHAPTER 110 NATURAL GAS SERVICE RATES AND CHARGES
CHAPTER 111 ELECTRIC ENERGY FRANCHISE
CHAPTER 112 CABLE TELEVISION FRANCHISE
CHAPTER 115 RIGHT-OF-WAY AND UTILITY INSTALLATION PERMIT REQUIREMENTS
CHAPTER 120 LIQUOR LICENSES AND WINE AND BEER PERMITS
CHAPTER 121 CIGARETTE AND TOBACCO PERMITS
CHAPTER 122 PEDDLERS AND SOLICITORS
CHAPTER 123 PAWNBROKERS
CHAPTER 124 MASSAGE THERAPY ESTABLISHMENT LICENSE
CHAPTER 135 STREET USE AND MAINTENANCE
CHAPTER 136 SIDEWALK REGULATIONS
CHAPTER 137 VACATION AND DISPOSAL OF STREETS
CHAPTER 138 NAMING OF STREETS
CHAPTER 140 CONTROLLED ACCESS FACILITIES
CHAPTER 145 MANUFACTURED AND MOBILE HOMES
CHAPTER 150 TREES
CHAPTER 151 TELECOMMUNICATION TOWERS
CHAPTER 155 BUILDING CODES AND REGULATIONS
CHAPTER 156 RESIDENTIAL RENTAL CODE
CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS
CHAPTER 161 LANDSCAPE AND OPEN SPACE REQUIREMENTS
CHAPTER 165 ZONING REGULATIONS DEFINITIONS AND GENERAL REGULATIONS
CHAPTER 166 ZONING REGULATIONS ADMINISTRATION AND ENFORCEMENT
CHAPTER 167 ZONING REGULATIONS SIGNS
CHAPTER 168 ZONING REGULATIONS PARKING AND LOADING
CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS
CHAPTER 170 FLOODPLAIN MANAGEMENT
CHAPTER 175 SUBDIVISION REGULATIONS DEFINITIONS AND GENERAL PROVISIONS
CHAPTER 176 SUBDIVISION REGULATIONS PLATTING PROCEDURES
CHAPTER 177 SUBDIVISION REGULATIONS DESIGN STANDARDS
CHAPTER 178 SUBDIVISION REGULATIONS REQUIRED IMPROVEMENTS
CHAPTER 179 SUBDIVISION REGULATIONS DEVELOPMENT IMPACT ON COMMUNITY FACILITIES
103.01   PURPOSE.
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.