HomeMy WebLinkAbout2021-06-30-204D1
“POST CONSTRUCTION STORM WATER MANAGEMENT” ESTABLISHING THE
RULES AND REGULATIONS FOR POST CONSTRUCTION STORM WATER
MANAGEMENT CONCERNING PROPERTY WITHIN THE CORPORATE LIMITS
OF THE CITY OF WAUKEE, IOWA
204D.1 PURPOSE
1.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 storm water 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.As a condition of the City’s MS4 Permit, the City is obliged to develop,
implement, and enforce a program to address storm water runoff from new
construction and reconstruction projects for which State NPDES General Permit
#2 storm water permit coverage is required by adopting a POST-
CONSTRUCTION STORM WATER MANAGEMENT ORDINANCE designed:
(a)To require water quality and quantity components be considered in the
design of new construction and implemented when practical; and
(b)To promote the use of storm water detention and retention, grass swales,
buffer strips, and proper operation and maintenance of these facilities; and
(c)To 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 ordinance; and
(d)To prohibit construction activities from commencing until the plans for
post-construction runoff controls have been submitted to the City; and
(e)To 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 (“Applicants”).
3.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.
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4.Terms used in this ordinance 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.
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(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 of 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 Iowa Department of Natural Resources
in collaboration with Iowa Stormwater Education Program and other
partners.
(o)The definitions provided in section 204A.1 of the Waukee Municipal
Code are incorporated herein by this reference.
204D.2 APPLICABILITY & PROCEDURE FOR POST-CONSTRUCTION
1.Each Applicant who is required to have coverage under General Permit No. 2 for
a site shall install post-construction stormwater management facilities as set forth
herein and as approved by the City during site plan, platting, or construction
plans.
2.Each Applicant or its successor person(s) or entity shall be responsible for
maintaining all stormwater management facilities or BMPs as approved by the
City.
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3.For sites equal to or greater than one acre, each Applicant must provide to the
City as-built plans detailing dimensions and elevations as well as a certification
that stormwater management facilities or BMPs were built as part of the approved
development that includes the site. For sites less than one acre that are part of a
common plan of development and for which the Applicant establishes that
stormwater management facilities or BMPs were or will be built to address all
properties (either collectively or individually) within the development, each
Applicant must provide to the City a copy of the Notice of Discontinuation for
General Permit No. 2 applicable to the property.
4.The City of Waukee hereby adopts the Iowa Stormwater Management Manual
(ISWMM) and the Waukee Standard Specifications for Public Improvements for
management of stormwater. The ISWMM is written as a guideline
recommending certain techniques and advising against others in order to
accomplish goals related to managing water volume and quality. Therefore,
where the ISWMM states a design element or technique is “Essential” it is
required by the City of Waukee. Where ISWMM states a design element or
technique is “Target” such design element or technique is desired by the City of
Waukee and every effort shall be made to accomplish. Where ISWMM states a
given design element or technique is “Advisory” this design element or technique
shall not be used within the City of Waukee.
5.In cases where ISWMM does not speak to a stormwater issue, such as sizing or
installation of pipes, the City of Waukee follows SUDAS and the Waukee
Standard Specifications for Public Improvements or streambank stabilization in
the Iowa River Restoration Toolbox as applicable.
6.Each Applicant must include in their site design those stormwater management
facilities or BMP that will convey drainage through the property to one or more
detention and/or treatment areas such that no development shall cause
downstream property owners, water courses, channels, or conduits to receive
storm water runoff from the proposed development site at a peak flow rate greater
than that allowed by the policy or standard in effect at the time of approval of the
development unless such requirements are waived by the City. Nothing contained
herein shall prohibit the City from changing the policies or standards in the future,
nor from requiring the site to comply with the new requirements.
7.Each Applicant shall comply with all other applicable City, state or federal permit
requirements as they apply to the City or to the property.
8.At the discretion of the City, the Applicant may satisfy the post-construction
stormwater management requirements by ensuring the conveyance of the
stormwater discharge from the property to a regional detention facility. For
purposes of this ordinance, a “regional detention facility” shall be wet or dry
detention basins, which are designed to accept storm water runoff from two or
more sites that are required to obtain a state NPDES General Permit No. 2 and
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that otherwise complies with all city, state or federal permit requirements as they
apply to stormwater management requirements for those sites.
9.New Development: Any new development of land adding more than 10,000
square feet of new impervious surface shall provide stormwater management as
outlined in the ISWMM and the Waukee Standard Specifications for Public
Improvements. This threshold is a cumulative amount of new square footage and
may be reached over time in increments. At such time that a development site
exceeds 10,000 cumulative square feet of new impervious surface the site will be
required to come into compliance with this ordinance.
10.Redevelopment: Any redevelopment adding more than 10,000 square feet of new
impervious surface but disturbing less than 50% of the site shall provide
stormwater management at the Water Quality standard and shall be asked to also
meet the Channel Protection standard or demonstrate why doing so is infeasible.
This threshold is a cumulative amount of new square footage and may be reached
over time in increments. At such time that a development site exceeds 10,000
cumulative square feet of new impervious surface the site will be required to
come into compliance with this ordinance.
11.Any redevelopment disturbing 50% or more of a site shall be required to meet the
same stormwater management standards as a new development.
12.City Projects: Stormwater management standards shall apply to all City projects
including new City parks and buildings.
13.Exemptions: The following activities shall be exempted from meeting the
stormwater management standards of this ordinance:
(a)Development or redevelopment adding less than 10,000 square feet of new
impervious surface and if in compliance with a previously approved
stormwater management plan.
(b)Removal and replacement of impervious surface exactly matching location
and area.
(c)Logging or agricultural activity that is consistent with an approved soil
conservation plan or timber management plan prepared or approved by the
appropriate agency, as applicable.
(d)Additions or modifications to single family structures.
(e)Repairs to any stormwater management BMP deemed necessary by the
City.
(f)Linear projects such as road construction.
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204D.3 MAINTENANCE AND REPAIR OF STORM WATER FACILITIES &
BMPs
1.Prior to the issuance of any permit that has a stormwater management facility or
BMP as one of the requirements of the permit, the Applicant or owner of the site
must execute a maintenance easement agreement that shall be binding on all
subsequent owners of land served by the stormwater management facility or
BMP. The agreement shall provide for access to the facility or BMP at
reasonable times for periodic inspection by the City, or its contractor or agent, to
ensure that the facility or BMP is maintained in proper working condition to meet
design standards and any other provisions established by this ordinance. The
easement agreement shall be recorded by the City in the land records.
2.Maintenance of all stormwater management facilities or BMP shall be ensured
through the creation of a formal maintenance covenant that must be approved by
the City and recorded into the land record at the time of final plat or site plan
approval. As part of the covenant, a schedule shall be developed for when and
how often maintenance will occur to ensure proper function of the storm water
management facility or BMP. The covenant shall identify the parts or components
of the stormwater management facility or BMP and include information related to
the equipment and skills needed to maintain the stormwater management facilities
or BMPs. The covenant shall also include plans for periodic inspections by the
Applicant, owner, or assigns to ensure proper performance of the facility or BMP.
3. The City, in lieu of a maintenance covenant, may at its discretion, but not
obligated, accept dedication of any existing or future stormwater BMP to include
City responsibility for maintenance and repair, provided that: the maintenance
and repair of such element will not impose an undue burden on other City
taxpayers, the BMP meets all the requirements of this chapter; and the dedication
includes adequate and perpetual access and sufficient area, by easement or
otherwise, for inspection and regular maintenance. By mutual agreement of the
City and the party responsible for maintenance for a stormwater management
facility or BMP (developer, builder, HOA), the City may receive an annual
payment to cover costs of maintenance and assume maintenance responsibilities.
Said payment will be calculated to cover the expected costs of maintenance.
4.Requirements for Maintenance Covenants. All stormwater management facilities
and BMPs must undergo, at the minimum, an annual inspection by the
responsible party to document maintenance and repair needs and ensure
compliance with the requirements of this chapter. Any required maintenance
identified by inspection must be corrected by the responsible party under a
written maintenance agreement within 30 days. The inspection and maintenance
requirement may be increased as deemed necessary to ensure proper functioning
of the stormwater management facilities and BMPs. In the event the identified
maintenance or repair cannot be completed within 30 days of notice, the
responsible party must contact the city with 30 days of notice to explain why
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repair or maintenance cannot be completed within 30 days and provide a plan for
completing repair or maintenance.
5.Inspection of Stormwater Management Facilities and BMPs. Inspection
programs may be established on any reasonable basis, including but not limited
to: routine inspections; random inspections; inspections based upon complaints
or other notice of possible violations; inspection of drainage basins or areas
identified as higher than typical sources of sediment or other contaminants or
pollutants; inspections of businesses or industries of a type associated with
higher than usual discharges of contaminants or pollutants or with discharges of
a type which are more likely than the typical discharge to cause violations of
State or Federal water or sediment quality standards or the NPDES stormwater
permit; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include but are not limited to:
reviewing maintenance and repair records; sampling discharges, surface water,
groundwater, and material or water in stormwater BMPs, and evaluating the
condition of stormwater management facilities and BMPs.
6.As-Built Drawings. At the time of Final Plat an as-built drawing will be
provided to the City for all stormwater management facilities and BMPs. At
such time as a developer transfers control of stormwater management facilities
and BMPs to an HOA, the City other responsible party, the developer shall
provide notice to the City and the City shall have the right to confirm
stormwater management facilties and BMPs match the as-built provided at
Final Plat prior to transfer. A maintenance bond, agreement to complete, or
letter of credit shall be provided to the City for any required work to
stormwater management facilities or BMPs to correct to as-built standard prior
to transfer of ownership or responsibility. After transfer of ownership or
responsibility, the bond or letter of credit will be released.
7.The City shall be permitted to enter and inspect any property subject to regulation
under this section as often as is necessary to document maintenance and repair
needs and determine compliance with the requirements of this ordinance. If a
Responsible Party owning, controlling or possessing a property has security
measures that require identification and clearance before entry to its property,
such Responsible Party shall make the necessary arrangements to allow access by
the City. By way of specification but not limitation:
(a)A Responsible Party shall allow the City ready access to all parts of the
property for purposes of inspection, examination, and copying of records
related to compliance with this ordinance.
(b)Any temporary or permanent obstruction that obstructs the safe and easy
access to property to be inspected and shall be promptly removed by the
Responsible Party at the written or oral order of the City and shall not be
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replaced. The costs of clearing such access shall be borne by the
Responsible Party.
(c)An unreasonable delay in allowing the City access to a property is a
violation of this chapter.
8.Parties responsible for the operation and maintenance of a stormwater
management facility or BMP shall make records of the installation and of all
maintenance and repairs, and shall retain said records. Copies of the as-built
plans and records of all self inspections, maintenance, and repairs shall be kept
on-site and shall be made available to the City during inspection of the facility or
BMP and at other reasonable times upon request.
9.Failure to Maintain Stormwater Management Facilities and BMPs. If a
responsible party fails or refuses to meet the requirements of the maintenance
covenant or any provision of this chapter, the City, after reasonable notice, may
correct a violation by performing all necessary work to place the stormwater
management facility or BMP in proper working condition. In the event that the
stormwater management facility or BMP becomes a danger to public safety or
public health, the City shall notify the party responsible for maintenance of the
stormwater management facility or BMP in writing. Upon receipt of that notice,
the responsible person shall have thirty (30) days to effect maintenance and
repair of the stormwater management facility or BMP in an approved manner.
After proper notice, the City may assess, jointly and severally, the owners of the
stormwater management facility or BMP or the property owners or the parties
responsible for maintenance under any applicable written agreement for the cost
of repair work and any penalties; and the cost of the work shall be a lien on the
property, or prorated against the beneficial users of the property, and may be
placed on the tax bill and collected as ordinary taxes.
204D.4 ENFORCEMENT BY LEGAL OR ADMINISTRATIVE ACTION
1.A violation of this chapter is a simple misdemeanor. Each Day that a violation
continues to exist shall constitute a separate offence.
2.A violation of any provision of this ordinance may also be enforced as a
municipal infraction within the meaning of Code of Iowa 364.22, pursuant to the
City’s municipal infraction ordinance and in addition to the imposition of the
Civil penalties may include appropriate injunctive relief, an order for abatement
and the pursuit of a personal judgment for the costs of abatement including, but
not limited to, attorney’s fees associated with the City’s pursuit of the matter as a
municipal infraction, together with any and all other relief authorized under
applicable Iowa Law.
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3.The penalty for each violation of this chapter shall not exceed the maximum
penalty set forth in section 103.4 of the Waukee Municipal Code for each
violation.
4.Enforcement pursuant to this section shall be undertaken by the enforcement
officer upon the advice and consent of the City Attorney.
5.The City may issue a stop work order for violation of any provision of this
chapter. The stop work order shall be applicable to the lot within the
development causing the violation and shall remain in effect until the
violation is corrected and a subsequent inspection completed. In the event a
building is completed and occupied when a violation occurs, the City will not
issue additional permits for that property.
6.Any violator may be required to restore land to its approved design condition.
In the event that restoration is not undertaken within a reasonable time after
notice, the City may take necessary corrective action, the cost of which shall
become a lien upon the property until paid.
7.Final Certificate of Occupancy shall not be granted until all stormwater
BMPs have been inspected and approved by City Engineer or their
designee.
Enacted in entirety September 10, 2007 – Ordinance 2611
Repealed and replaced in entirety December 21, 2020 – Ordinance 2977