HomeMy WebLinkAbout2007-09-10-Ordinance 2611_Post Construction Storm Water Management UtilityORDINANCE NO.2611
AN ORDINANCE ENACTING CHAPTER 204D TITLED "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
Section 1.That the Municipal Code of the City of Waukee,Iowa,2007,is hereby
amended by enacting Chapter 204D Post Construction Storm Water Management as follows:
204D.l 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 StOlID 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 ofthese 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").
1
204D.2
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.
I
4.Terms used in this ordinance shall have the meanings specified as follows:
(a)"Applicant"means any person,finn,or entity applying for a permit to
develop,grade,or construct within the corporate limits of the City.
(b)The definitions provided in section 204A.l of the Waukee Municipal
Code are incorporated herein by this reference.
PROCEDURE FOR POST-CONSTRUCTION
I.Each Applicant who is required to have coverage under General Permit No.2 for
a site shall install post -construction storm water 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 storm water management facilities as approved by the City.]
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 storm water management facilities 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 storm
water management facilities 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.Each Applicant must include in their site design those storm water management
facilities that will convey drainage through the property to one or more detention
and/or treatment areas such that no development shall canse 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.I
2
204D.3
5.Each Applicant shall comply with all other applicable City,state or federal permit
requirements as they apply to the City or to the property.
6.At the discretion of the City,the Applicant may satisfy the post-construction
storm water management requirements by ensuring the conveyance of the storm
water 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 that otherwise
complies with all city,state or federal permit requirements as they apply to storm
water management requirements for those sites.
MAINTENANCE AND REPAIR OF STORM WATER FACILITIES
1.Prior to the issuance of any permit that has a storm water management facility 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 storm water management facility.The
agreement shall provide for access to the facility at reasonable times for periodic
inspection by the City,or its contractor or agent,to ensure that the facility 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 storm water management facilities 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 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.The
covenant shall also include plans for periodic inspections by the Applicant,
owner,or assigns to ensure proper performance of the facility.
3.The City shall be permitted to enter and inspect any property subject to regulation
under this sec lion 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
3
Responsible Party at the written or oral order of the City and shall not be
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.
4.Parties responsible for the operation and maintenance of a storm water
management facility 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 and at other reasonable
times upon request.
5.In the event that a storm water management facility is found by the City to be
non-compliant with the plans as submitted and approved or is found to be in need
of maintenance,the responsible party will be notified in writing of such
deficiencies.Upon receipt of such notice,the responsible party shall have fifteen
(15)days to correct such deficiencies.After proper notice,and if the responsible
party fails to make the repairs or perform the maintenance,the City may have
such work performed and assess the owner(s)of the facility 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 by the City.In addition,easements and
covenants recorded upon the applicants property shall provide mechanisms for the
establishment of a lien by the City for any and all costs incurred by the City
pursuant to this chapter to aid in the efficient and cost effective collection of sums
so expended,including,but not limited to,attorneys fees associated with
collection.
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 ofIowa 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.
4
]
1
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.
Section 2 Repealer.All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 3.Severability Clause.If any section,provision or part of this ordinance shall
be adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the
ordinance as a whole or any section,provisions or part thereof not adjudged invalid or
unconstitutional.
Section 4.Effective Date.This ordinance shall be in effect from and after its final
passage,approval and publication as provided by law.
Passed by the Council the 10th day of September 2007,and approved this 10th day of September
2007.
Attest:
istrator
5