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The purpose of this chapter is to safeguard persons, protect property, and prevent damage to the environment from the polluted stormwater runoff from construction sites as defined below. This chapter will also promote the public welfare by guiding, regulating and controlling the design, construction and use of any development or other activity that disturbs one acre or more in public and private projects or one-half acre or more in the City-owned linear projects within the City's jurisdiction.
(O2006-38, passed 6-21-06)
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates of requires a different meaning.
ADEQ. The Arizona Department of Environmental Quality.
AZPDES CONSTRUCTION GENERAL PERMIT (CGP). AZPDES General Permit No. AZG2016-002 for Stormwater Discharges from Large and Small Construction Activity in Arizona, except for those in Indian Country. This permit is administered by ADEQ.
BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent and reduce the discharge of pollutants to the waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
BUILDING PERMIT. An official document or certificate issued by the City of Yuma, which authorizes the performance of a specific construction work, grading or alteration of ground features to create certain improvements and structures.
CITY. The City of Yuma, being in Yuma County, State of Arizona.
CITY ENGINEER. The City Engineer or firm or person, and their properly authorized assistants and inspectors, designated by the City to prepare plans and administer the construction of work.
CLEARING. Any activity that removes the vegetative surface cover.
CONSTRUCTION. Any repair, construction, reconstruction, upgrading or enhancing of a structure, grading or landscaping that disturbs one or more acres of land in public or private development; or, a City-owned linear project disturbing one-half acre or more of land.
DESIGN CRITERIA. Those requirements and criteria set forth by the City of Yuma Standard Construction Specifications and the Erosion Control Drainage Design Manual for Maricopa County, Arizona, as amended.
DESIGN ENGINEER. A registered civil or environmental engineer in the State of Arizona, who prepares plans and administers construction of public or private development.
DRAINAGE WAY. Any waterway that conveys surface water throughout or from the site.
EROSION. The wearing away of land surface by running water, wind or other geological agents. Often the eroded debris (silt or sediment) becomes a pollutant via stormwater runoff. Erosion occurs naturally but can be intensified by human-made activities such as development, farming and agriculture.
EROSION CONTROL. A measure or activity that prevents erosion.
EROSION AND SEDIMENT CONTROL PLAN (ESCP). A set of plans with design calculations prepared by or under the direction of a Design Engineer indicating the specific measures and sequencing to be used to control erosion and sediment migration on a construction site before, during and after construction. The ESCP may be included as a part of the SWPPP.
GRADING. Excavation of or fill placement of material upon a land surface to create a desired slope or elevation.
LINEAR PROJECT. A Capital Improvement Program (C.I.P.) project that may involve construction of streets, roadways, water lines, sanitary and storm sewer facilities. Such projects typically have large length and small width with a higher pollution potential when compared to conventional construction projects.
MAJOR MODIFICATION. Any addition to or cancellation of the originally submitted SWPPP and their impacts, as deemed by the City Engineer, that may result in increased flood hazards or sediment track out to the public roads and/or to the City's storm sewer system.
MAJOR STORM. Any storm that drops 0.50 inch or more of rainfall.
PERMIT. An official document or certificate issued by the City, which authorizes the performance of a specific construction work, demolition, repair, reconstruction, upgrading or enhancing of a structure, grading or landscaping or alteration of ground features to create certain improvements and structures and is subjected to the requirements of this chapter as defined in CONSTRUCTION above.
PERIMETER CONTROL OR SEDIMENT CONTROL. A physical barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
PHASING. Construction on a parcel of land in a distinct sequence of areas, with the stabilization of each area completed before construction of the next.
QUALIFIED STORMWATER PERSON. A person knowledgeable in the principles and practices of erosion and sediment controls and who possesses the skills to assess conditions at the site that could impact stormwater quality and the effectiveness of the BMPs selected to control the quality of stormwater discharges. Preferred to be a Certified Professional in Stormwater Quality (CPSWQ) or Certified Professional in Erosion and Sediment Control (CPESC).
SEDIMENT. Soil particles, both mineral and organic, that are in suspension, are being transported, or have been removed from its site of origin by air, water, and gravity and have come to rest on the earth's surface.
SEDIMENT BASINS AND SEDIMENT TRAPS. Temporary (or permanent) ponding areas formed by constructing an earthen embankment with a stone outlet used to detain and collect sediment and to prevent damaging erosion on site, which may cause silt-laden runoff from the site. Basins are generally larger in size than traps and serve ten acres or more of a disturbed area at one time.
SITE. A parcel of land or a contiguous combination thereof, where construction work is performed as a single, unified or phased operation.
STABILIZATION. An erosion control technique, practice or procedure used to prevent or minimize exposed soil from eroding. Stabilization practices include but are not limited to: Pre-watering, applying dust-suppressant, vegetation (temporary and permanent seeding), gravel application, mulching, soil stabilizers, plastic covers and tarps.
START OF CONSTRUCTION. The first land-disturbing activity associated with a development, including but not limited to land operation such as clearing, grubbing, grading, and filling; installation of streets and walkways; excavation for footings, piers and foundations; erection of temporary forms; and installation of accessory buildings, such as garages.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A plan that is required by the City and includes site map(s), an identification of construction/contractor activities that could cause pollutants in the stormwater, and a description of measures or practices to control these pollutants. The SWPPP must include an ESCP.
WATERCOURSE. Any body of water, including, but not limited to lakes, ponds, rivers, streams, and bodies of water delineated by the State of Arizona and/or the United States of America.
WATERS OF THE UNITED STATES. All waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters subject to the ebb and flow of the tide. Waters of the United States include all interstate waters and intrastate lakes, rivers, streams (including intermittent streams), mudflats, sand flats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds.
(Ord. O2004-72, passed 12-1-04; Ord. O2006-38, passed 6-21-06; Ord. O2021-020, passed 8-4-21)
(A) Development and construction for all sites falling under the authority of this chapter shall submit a SWPPP that contains an ESCP for review and approval by the City. The City shall not grant any permit for site development or improvement activity that would fall under this chapter without first having reviewed and approved the applicant's SWPPP and ensured that ADEQ has granted the applicant an AZPDES CGP permit coverage.
(B) No SWPPP is required for the following site development/improvement activities:
(1) Any emergency activity that is immediately necessary for the protection of life, property or natural resources.
(2) Existing nursery and agricultural operations conducted as permitted or accessory use.
(C) Each application shall bear the name (s) and address (es) of the owner or developer of the site, and of any consulting firm retained by the applicant's principal contact at such firm and shall be accompanied by a filing fee as set by the City Engineer.
(D) Each application shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the ESCP and shall require a qualified stormwater person to visit site on days when construction or grading activity are taking place,
(E) The applicant shall pay the City during any and all construction phases, and if a major modification is required, the costs for engineering plan review and inspection visits, as specified in §156-08, as follows:
Application Fees
SWPPP inspection $177 for the first ten acres, plus an
additional $19 for each additional five
acres.
SWPPP plan review $168 for the first ten acres, plus an
additional $ 28 for each additional five
acres.
An annual update in the above fees is to be made each subsequent July 1 equal to the change of the previous year West Urban Consumer Price Index.
(Ord. O2006-38, passed 6-21-06)
(A) The City will review each application for certain types of permits to determine its conformance with the provisions of this chapter. After receiving an application, the City shall respond in one of the following ways:
(1) Approve the permit application; or
(2) Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or
(3) Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised application and/ or submission.
(B) If the City does not act on an original or revised application, within 30 calendar days of the submittal, the applicant may assume approval of application, and request issuance of the permit, unless additional agreements have been created between the applicant and the City.
(Ord. O2006-38. passed 6-21-06)
(A) The City will require the submittal of a SWPPP that contains an ESCP for all projects that fall under the requirements of this chapter, except if the project qualifies for an AZPDES CGP waiver for small construction sites and a copy of the waiver is provided to the City.
(B) Regardless of the area disturbed, the City will require the submittal of stormwater BMPs, in accordance with the Design Criteria as defined above. The BMPs must contain the necessary control measures that will be taken to protect the MS4 if a land-disturbing activity is located within 50 feet or less from any component of the City's stormwater collection system.
(C) The ESCP shall include the following:
(1) A map identifying soil type, vegetation cover, and resources protected under other sections of this chapter. This map shall be a normal engineering scale and should be at a scale no smaller than 1"=100', and no larger than 1"=10'.
(2) Temporary sediment basins are preferred to serve disturbed areas of at least ten acres and must have a volume adequate to contain the runoff calculated using the local two-year, 24-hours storm, as described in Chapter 192 of the Yuma City Code, and runoff coefficient from each disturbed acre drained.
(3) Temporary sediment basins may be utilized in the post-construction phase as retention or detention basins provided that all sediment have been removed from beds and disposed properly.
(4) Temporary sediment basins shall be designed to contain the higher of the following values:
(a) V=CPA
Where: V: Volume in cubic feet.
C: Runoff Coefficient as described in Chapter 192 of Yuma City Code.
P: 2-year, 24-hour rainfall in inches.
A: Drainage area in acres; or
(b) Volume (cubic feet) = 3600 x Area (acres)
(5) Construction schedule prior to any site development, including stripping and clearing; rough grading; construction of utilities, infrastructure and buildings; and final grading and landscaping. The schedule shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of vegetative plantings.
(6) All erosion and sediment control measures necessary to meet the objectives of this chapter and any additional state or federal requirements throughout all phases of construction and after completion of development of the site. Depending on the complexity of the project, the drafting of intermediate plans may be required before starting any phases of construction.
(7) Calculations to show sediment loads and yields before and after the application of erosion and sediment control measures for pre-construction, during construction and post-construction phases, with the maximum permissible soil loss as five tons per acre per year. Sediment calculations may be performed using the Revised Universal Soil Loss Equation (RUSLE) or the Modified Universal Soil Loss Equation (MUSLE) or any other method adopted by the United States Department of Agriculture, Natural Resources Conservation Service.
(8) For development other than subdivisions, and wherever applicable, seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, irrigation requirements, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures.
(9) Provisions for maintenance of control facilities, including easements and estimates of the cost of maintenance for post-construction stage,
(10) The ESCP is a part of the SWPPP required by the City.
(D) Modifications to the SWPPP shall be processed and approved or disapproved in the same manner as § 156-05, may be authorized by the City by written authorization to the permittee, and shall include:
(1) Major amendments of the SWPPP submitted to the City.
(2) Field modifications of a minor nature.
(3) A fee for each modified submittal that involves a major modification, as per the table mentioned in § 156-04.
(Ord. O2006-38, passed 6-21-06; Ord. O2021-020, passed 8-4-21)
(A) Grading, erosion control practices, sediment control practices, and waterway crossings shall be constructed in accordance with the design criteria set forth by the City of Yuma Construction Standards and the Erosion Control Drainage Design Manual for Maricopa County, Arizona, as amended, and shall be adequate to prevent transportation of sediment from the site as approved by the City Engineer or their designee. Cut and fill slopes shall be no greater than 4:1, except as approved by the City Engineer to meet other community or environmental objectives.
(B) Clearing, and grading of natural resources, such as natural desert and wetlands, shall not be permitted, except when in compliance with all other sections of this chapter. Clearing techniques that retain natural vegetation and drainage pattern as described in the City of Yuma Construction Standards and the Erosion Control Drainage Design Manual for Maricopa County, Arizona, as amended, shall be used and are subject to approval by the City Engineer or their designee.
(C) Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.
(D) Phasing shall be required on all sites disturbing greater than 40 acres, with the size of each phase to be established as a part of the plan review process and as approved by the City Engineer or their designee.
(E) Erosion control requirements shall include the following:
(1) Soil stabilization shall be completed within 14 days of clearing or inactivity in construction.
(2) If seeding or another vegetative erosion control method is used, such erosion control method shall become established within three weeks or the City shall require the site to be reseeded or a non-vegetative option employed.
(3) Special techniques that meet the design criteria outlined in the City of Yuma Construction Standards and the Erosion Control Drainage Design Manual for Maricopa County, Arizona, as amended, on steep slopes or in drainage ways shall be used to ensure stabilization.
(4) Soil stockpiles must be stabilized or covered at the end of each workday if a major storm is expected.
(5) The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion.
(6) Techniques shall be employed to prevent the blowing of dust or sediment from the site.
(7) Techniques that retard and divert upland runoff past disturbed slopes shall be employed.
(F) Sediment control requirements may include:
(1) Sediment basins, sediment traps, or tanks and perimeter controls.
(2) Sediment basins that are designed in a manner that allows adaptation to provide long-term stormwater management, if required by the City Engineer.
(3) Protection for the adjacent properties by the use of a vegetated buffer strip or perimeter controls.
(G) Waterway and watercourse protection requirements shall include:
(1) A temporary stream crossing installed and approved by the State or the City, if a wet watercourse will be crossed regularly during construction.
(2) Stabilization of the watercourse channel before, during and after any in-channel work.
(3) All on-site stormwater conveyance channels designed according to the criteria outlined in the Yuma City Code Title 19 Chapter 192.
(4) Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels.
(H) Construction site access requirements shall include:
(1) A temporary stabilized access road provided at all sites.
(2) Other measures as required by the City or Design Engineer in order to ensure that sediment is not tracked onto public streets by construction vehicles or washed into storm drains.
(Ord. O2006-38, passed 6-21-06; Ord. O2021-020, passed 8-4-21)
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