§ 26-356. MCM # 5—Post construction stormwater management in new development, redevelopment, and existing systems.

(a)

Applicability. This section shall be applicable to all subdivisions or site plan applications unless eligible for an exemption or granted a waiver by the city under the specifications of this article and the OMPC public improvement specifications. This section also applies to land development activities that are smaller than one (1) acre if such activities are part of a larger common plan of development.

(b)

Requirements for Stormwater Management Plan Approval. No application for development will be approved unless it includes a stormwater management plan detailing in concept how runoff and associated water quality impacts resulting from the development will be controlled or managed in the post-developed condition in compliance with the established water quality standard. This plan must indicate whether stormwater will be managed on-site or off-site and, if on-site, the general location and type of practices.

The Stormwater Management Plan(s) must be signed by a licensed Professional Engineer (PE), who will verify that the design of all stormwater management practices meet the current requirements of the OMPC Public Improvement Specifications and Subdivision Regulations for Owensboro/Daviess County, as applicable.

(c)

Maintenance Agreements. All stormwater treatment practices shall have an enforceable operation and maintenance agreement to ensure the system functions as designed. This agreement will include any and all maintenance easements required to access and inspect the stormwater treatment practices, and to perform routine maintenance as necessary to ensure proper functioning of the stormwater treatment practice. In addition, a legally binding covenant specifying the parties responsible for the proper maintenance of all stormwater treatment practices shall be secured and recorded into the land record prior to issuance of any permits for land disturbance activities.

The owner of the property on which the private storm sewer system, which includes but is not limited to, the conveyance system, detention/retention basins, and water quality BMPs, is located, shall, at the written request of the city engineer, employ a licensed professional engineer to certify that the private storm sewer system is being maintained at the level of service for which it was originally designed. If a determination is made that the property owner is not maintaining the private system at or above the level of service indicated in the original design, a notice of deficiency shall be issued and the standard escalated process of enforcement initiated. It shall be unlawful for any person to refuse to maintain any part of a private storm sewer system that has been approved by the city engineer as part of any development or site plan. The system shall be maintained at all times to the level of service it was designed for.

(d)

Utilization of BMP Resources. The city has furnished specifications and standards for the proper implementation of the requirements for this article in the form of the OMPC public improvement specifications, chapter 14. This chapter includes a list of acceptable stormwater treatment practices, including the specific selection and design criteria, and operation and maintenance requirements for each stormwater practice. Stormwater treatment practices that are designed and constructed in accordance with this selection, design, and sizing criteria will be presumed to meet the minimum water quality performance standards. Alternative practices may be proposed and submitted for review, but must be approved by the city. Additional resources include EPA's national menu of stormwater best management practices (http://cfpub.epa.gov/npdes/stormwater/menuofbmps/).

(e)

Depositing of Material in Public and/or Private Systems. It shall be unlawful for any person to do, or permit, authorize or direct another person to do, or fail to do when required, any of the following:

(1)

Erect, construct, deposit, or plant, any building, outbuilding, shed, fence, playground equipment, concrete, landscape berm, trees, bushes, shrubs, flowers, rocks, dirt, or any other substance or structure that covers, alters, obstructs, impairs or encroaches on a public stormwater drainage system.

(2)

Cover, alter, excavate, fill, obstruct, encroach on or deposit any concrete, steel, pollutants, building materials, yard waste, or construct ramps of any kind in the guttered curb of any street or alley located within public right-of-way.

(3)

Cover, alter, excavate, fill, divert, obstruct, impair, encroach on, or deposit any solid waste, debris, yard waste, pollutants, waste water (sewage), concrete, building materials, tires, appliances, animal carcasses, or any other substance, material or obstruction of any kind in an open ditch, sewer, or stormwater inlet and catch basin, manhole, right-of-way curb and gutter, or over, under, or across any public storm sewer system.

(f)

Grading/Regrading Private Property. It shall be unlawful for any person to do, or permit, authorize or direct another person to grade or regrade any private property in such manner as to obstruct, divert or impede the natural flow of surface stormwater across said person's property or adjoining properties.

(g)

Construction of Private Storm Sewer Systems. All private storm sewer systems shall be in place, functioning, and certified by a licensed professional engineer prior to the occupation of any property improvements by the owner. It shall be unlawful for any person to construct any part of a private storm sewer system that has not been approved in advance by the city engineer on any development or site plan.

(Ord. No. 33-2008, § 1, 10-7-2008; Ord. No. 33-2013, § 6, 9-17-2013; Ord. No. 10-2014, § 3, 4-1-2014)