HomeMy WebLinkAbout~Master - Post Construction Stormwater Management ORDINANCE NO. 4174
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY
ENACTING A NEW CHAPTER 5B THEREOF, FOR THE PURPOSE OF POST
CONSTRUCTION STORMWATER MANAGEMENT IN COMPLIANCE WITH BOTH
FEDERAL AND STATE ENVIRONMENTAL LAWS; REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH
CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
enacting a new Chapter 513 as follows:
"CHAPTER 5B
POST CONSTRUCTION STORMWATER MANAGEMENT
Sec 5B.1. GENERAL PROVISIONS
(1) The U.S. Environmental Protection Agency'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 MS4 Permit). The City
of Ames (City) is subject to the Program and is required to obtain, and has obtained, an MS4 Permit. 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 stormwater runoff from new construction and reconstruction projects for which stormwater
permit coverage is required.
(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.
(4) Land development and associated increases in impervious cover alter the hydrologic response of
local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, and sediment
transport and deposition if left uncontrolled; this uncontrolled stormwater runoff contributes to increased quantities
of water-borne pollutants, and; stormwater runoff, soil erosion and nonpoint source pollution can be controlled and
minimized through the regulation of stormwater runoff from development sites.
(5) Therefore, City establishes this set of City stormwater standards applicable to all surface waters to
provide reasonable guidance for the regulation of stormwater runoff for the purpose of protecting local water
resources from degradation. It is determined that the regulation of stormwater runoff discharges from land
development and other construction activities shall not result in increases in stormwater runoff rates and volumes,
soil erosion, stream channel erosion, and non-point source pollution associated with stormwater runoff, is in the
public interest and will prevent threats to public health and safety.
(6) The Iowa Stormwater Management Manual published by the Iowa Department of Natural
Resources and maintained by the Iowa Storm Water Education Program establishes guidelines consisting of unified
sizing criteria (water quality volume, channel protection storage volume, overbank flood protection, extreme flood
protection) stormwater management designs, specifications, and best management practices (BMPs). City hereby
finds and declares that the guidelines provided in the Iowa Stormwater Management Manual, and in future editions
thereof, along with any locally adopted modifications, are hereby adopted as the stormwater management standards
of City. Any BMP installation that complies with the provisions of the Iowa Stormwater Management Manual, or
future editions thereof, along with any locally adopted modifications, at the time of installation shall be deemed to
have been installed in accordance with this ordinance.
(7) The purpose of this ordinance is to adopt as City's standards the guidelines established in the
Iowa Stormwater Management Manual (hereinafter collectively City's stormwater requirements or standards) in
order to protect and safeguard the general health, safety, and welfare of the public within this jurisdiction. This
ordinance seeks to meet that purpose through the following objectives:
(a) Minimize increases in stormwater runoff from development within the city limits and
within 2 mile limit where the City has exercised subdivision authority fringe area in order to reduce flooding,
siltation, increases in stream temperature, and stream bank erosion in order to maintain the integrity of stream
channels;
(b) Minimize mass grading of sites to preserve natural features and drainageways as well as
protection of open space and impervious cover minimization;
(c) Minimize increases in non-point source pollution caused by stormwater runoff from
development which would otherwise degrade local water quality;
(d) Distribute and minimize runoff by utilizing vegetated areas for stormwater treatment(e.g.
parking lot islands, vegetated areas along property boundaries, front and rear yards, building landscaping.
Encourage infiltration and soil storage of runoff through such practices as bioswales, soil quality improvement with
compaction reduction and compost amendments,bioretention cells and rain gardens. Plant vegetation that does not
require irrigation beyond natural rainfall and runoff from the site;
(e) Mitigate stormwater runoff rates and volumes, soil erosion and non-
point source pollution, wherever possible, through establishment of appropriate minimum stormwater management
standards and BMPs and to ensure that BMPs are properly maintained and pose no threat to public safety.
(8) This ordinance shall be applicable to all development and redevelopment applications meeting the
minimum square foot applicability criteria of 513.1.(8)(a), unless eligible for an exemption or granted a waiver by
City under Section 513.4 of this ordinance. The ordinance also applies to land disturbance activities that are smaller
than the minimum square foot applicability criteria specified in 513.1.(8)(a) if such activities are part of a larger
common plan of development or redevelopment that meets the minimum square foot applicability criteria of
5B.L(8)(a), even though multiple separate and distinct land development activities may take place at different times
on different schedules:
(a) City stormwater requirements must be met for development or redevelopment to be approved.
City stormwater requirements apply to any new development,redevelopment disturbing 1 acre or more of land, or to
any development disturbing less than said acreage of land if the amount of impervious cover created exceeds 10,000
square feet.New development includes any new residential, commercial, or industrial subdivision or individual site
improvement requiring a site development plan. The following activities are exempt from this ordinance:
(i) Any agricultural activity.
(ii) Additions or modifications to an existing single family property.
(iii) Storm Water Management Design standards do not apply to any area within a
1,000-foot distance from any City of Ames drinking water well located in the
Southeast Well Field and Youth Sports Complex Well Field. In these specific
areas, developments will need to meet requirements for storm water quality-
based treatment or a combination of quantity- and quality-based treatment, as
approved by both the Director of Public Works and the Director of Water and
Pollution Control.
(9) Compatibility with Other Permit and Ordinance Requirements is as follows:
(a) It is intended that this ordinance be construed to be consistent with Municipal Code
Chapter 5A Construction Site Erosion and Sediment Control, Chapter 23 Subdivisions, Chapter 28 Utilities, and
Chapter 29 Zoning.
(b) The requirements of this ordinance should be considered minimum requirements, and
where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance,rule
or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective
standards for human health or the environment shall be considered to take precedence.
Sec 5B.2. DEFINITIONS
(1) Terms related to stormwater management in this ordinance other than those defined below shall
have the meanings set out in the Iowa Storm Water Management Manual.
"Applicant" means a property owner or agent of a property owner who has filed an application for a storm water
management permit.
"Best Management Practice (BMP)" means a practice or series of practices used to manage stormwater and as
further defined in the Iowa Stormwater Management Manual.
"Building"means any structure, either temporary or permanent, having walls and a roof, designed for the shelter of
any person, animal, or property,and occupying more than 150 square feet of area.
"Channel Protection Storage Volume"means providing for practices that will allow for extended detention of the
runoff generated by a 1-year, 24-hour event. This means capturing the runoff volume from a storm of this nature,
and slowly releasing it over a period of no less than 24-hours to reduce the rapid"bounce" effect common in many
urban streams that leads to downcutting and streambank erosion.
"City Stormwater Requirements" or"standards" mean the guidelines provided for in this ordinance and the Iowa
Stormwater Management Manual.
"COSESCO"means Construction Site Erosion and Sediment Control Ordinance permit issued by the City of Ames
Public Works Department.
"Dedication"means the deliberate appropriation of property by its owner for general public use.
"Developer"means a person or entity that undertakes land development activities.
"Development" means land disturbance activity of one acre(43,560 square feet) or more on land previously vacant
of buildings or largely free of previous land disturbance activity other than agriculture.
"Drainage Easement" means a legal right granted by a landowner to a grantee allowing the use of private land for
stormwater management purposes.
"Enforcement Officer" means that person or persons designated by the City having responsibility for
administration and enforcement of this ordinance.
"Extreme Flood Protection" means managing the effects of larger storm events(10-year to 100-year recurrence
intervals) on the stormwater management system, adjacent property,and downstream facilities and property. The
impacts of these extreme events is accomplished using detention controls and/or floodplain management.
"Fee in Lieu" means a payment of money in place of achieving or exceeding all or part of City stormwater
requirements.
"Impervious Surface" means surfaces (roads, sidewalks, driveways and parking lots) that are covered by
impenetrable materials such as asphalt, concrete, brick, and stone, rooftops as well as soils compacted by urban
development.
"Iowa Stormwater Management Manual (ISWMM)" means the manual collaboratively developed by the Iowa
Department of Natural Resources (IDNR) and the Center for Transportation Research and Education (CTRE) at
Iowa State University and updated by the Iowa Storm Water Education Program that contains the sizing criteria,
design and specification guidelines and BMPs that address stormwater quality and quantity management.
"Land Disturbance Activity"means any grading, digging, cutting, scraping, or excavating of soil,placement of fill
materials, paving, construction, substantial removal of vegetation, or any activity which bares soil or rock or
involves the diversion or piping of any natural or man-made watercourse.
"Low Impact Development" means an approach to stormwater management that attempts to mimic pre-
development conditions by compensating for losses of rainfall abstraction through infiltration, evapotranspiration,
surface storage,and increased travel time to reduce excess runoff.
"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 to the land.
"Overbank Flood Protection"means providing on-site stor nwater detention to limit runoff peak flow rates from
the 5-year recurrence interval storm event to prevent downstream surcharge of conveyance systems and reduce
overbank flooding. At the site development level,this can be accomplished by providing detention practices with
multi-stage outlets that control the outflow from these events to pre-settlement conditions(meadow in good
condition).
"Pre-Settlement Land and Vegetation Conditions" means for intended stormwater design calculations, meadow
in good condition.
"Redevelopment" means land disturbance activity in areas where existing land use is commercial, industrial,
institutional or multi-family residential.
"Stormwater Management" means the use of BMPs that are designed in accordance with City stormwater
requirements to reduce stormwater runoff pollutant loads, discharge volumes, peak flow discharge rates and
detrimental changes in stream temperature that affect water quality and habitat.
"Stormwater Management Plan" means a plan that addresses post construction stormwater management
addressing water quality and quantity.
"Storm Water Pollution Prevention Plan" (SWPPP) means a plan that is designed to minimize the accelerated
erosion and sediment runoff at a site during construction activities and includes provisions for additional pollution
prevention and addresses stormwater quality and quantity management after construction.
"Stream"means perennial and intermittent water sources identified through site inspection, and/or an approved city
of Ames map,and/or United States Geological Survey(USGS)7.5 minute series topographical map.
"Stream Buffer" means a vegetated strip of land which lies adjacent to a stream and provides such functions as
protecting water quality,providing wildlife habitat and storing flood waters.
"Stream Order"means a classification rank,used by the United States Geological Survey and other hydrological
entities,of the relative sizes of streams draining a watershed based on the nature of their tributaries.The smallest
unbranched tributary is first order,the stream receiving the tributary is second order etc.
"Unified Sizing Criteria" means an integrated approach to managing stormwater runoff quality and quantity by
addressing the adverse impacts of stormwater runoff from development. The intent is to comprehensively manage
stormwater to remove pollutants and improve water quality, prevent downstream streambank and channel erosion,
reduce downstream overbank flooding and safely convey and reduce runoff from extreme storm events.
"Water Quality Volume"means the runoff resulting from a rainfall depth of 1.25", or less which is approximately
90%of the rainfall events in Central Iowa.By managing these storms many of the"first flush"pollutants of concern
will be effectively managed on-site.
Sec 5B.3. PROCEDURES AND REQUIREMENTS
(1) No land owner or developer shall receive any building or other site development approvals
without first meeting the requirements of this ordinance.
(2) Unless otherwise exempted by this ordinance, the Stormwater Management Plan and maintenance
plan must be included with the site plan or subdivision preliminary plat and include the COSESCO permit
application or approved COSESCO permit.
(3) The stormwater management plan and maintenance plan shall be prepared to meet the
requirements of Section 5B.3(7) of this ordinance, and fees shall be those established by the City as necessary by
separate ordinance or resolution.
(4) Following submission and approval of Stormwater Management Plans to the City, all applicable
state and federal environmental permits shall be obtained prior to issuance of local permits including floodplain
permits.
(5) If the stormwater management plan and maintenance plan are approved by the City, all
appropriate local land development activity permits may be issued.
(6) Approvals issued in connection with this ordinance shall be valid from the date of issuance
through the date City notifies the permit holder that all stormwater management BMPs have passed the final
inspection required and the financial security has been released.
(7) The stormwater management plan and maintenance plan shall be prepared to meet the following
requirements:
(a) Be prepared by a Licensed Professional Engineer (PE) or Professional Landscape
Architect or credentialed in a manner acceptable to the City; and
(b) Indicate whether stormwater will be managed on-site or off-site and, if on-site, the
general location and type of BMPs,with clear citations to the Iowa Storm Water Management Manual; and
(c) Include a signed and dated certification, under penalty of perjury by the preparer, of the
stormwater management plan that it complies with all requirements of this ordinance and applicable sections of the
Iowa Stormwater Management Manual, meets the submittal requirements outlined in the Iowa Stormwater
Management Manual, and is designed to achieve City stormwater requirements.
(d) Contact Information, including but not limited to the name, address, and telephone
number of all persons having a legal interest in the property and the tax reference number and parcel number of the
property or properties affected.
(e) Topographic Base Watershed Map, at a scale no greater than 1" = 100' which extends a
minimum of 200' beyond the limits of the proposed development and indicates existing surface water drainage
including streams, ponds, culverts, field tiles, ditches, and wetlands; current land use including all existing
structures; locations of utilities, roads, and easements; and significant natural and manmade features not otherwise
shown. A minimum of 2' contours shall be shown on-site and 2' contours outside of the proposed property.
(f) A written or graphic inventory of the natural resources at the site and immediate area as it
exists prior to the commencement of the project and a description of the watershed and its relation to the project site.
This description should include a discussion of existing predevelopment soil conditions such as hydric soils and
areas for infiltration-based BMPs, vegetative and forest cover, topography, wetlands, and other native vegetative
areas on the site. Particular attention should be paid to environmentally sensitive resources that provide particular
opportunities or constraints for development.
(g) Use hydrologic and hydraulic design calculations for the pre-development and post-
development conditions for the design storms specified in the Iowa Stormwater Management Manual. Low Impact
Development hydrology should be applied where appropriate and as approved by the City Municipal Engineer.
Provide information in accordance with Section 2A-5 Project Drainage Report using the methodologies referenced
in Sections 2B and 2C in the Iowa Stormwater Management Manual.
(h) Minimize the rate and volume of surface water runoff which flows from any specific
development project site after completion to not exceed the pre-development hydrologic regime of meadow in good
condition.
(i) If mass grading is used, flows shall not exceed the predevelopment hydrologic
requirements of meadow in good condition. Classification of the altered soils shall be taken into consideration
throughout the design.
(j) Utilize Low Impact Development features such as(but not limited to):
(i) Open space protection and restoration through conservation of existing natural areas,
reforestation, re-establishment of prairies and wetlands, and re-establishment of native vegetation
into the landscape including native turf.
(ii)Minimizing impervious cover.
(iii)Capture, store and reuse runoff for irrigation in areas where irrigation is necessary.
(k) A soil management plan shall be provided that includes a site map that identifies areas
where soils and vegetation will not be disturbed and shows where topsoil will be stripped and stockpiled. It shall
include, if used, a description of soil health (quality) improvement methods such as tilling, ripping, and amending
with materials such as compost and topsoil. It shall also include a technical assessment of soils that identifies the
soil series and the site limitations based on soils data provided in the Web Soil Survey for Story County hosted by
Natural Resources Conservation Service(NRCS). Soil borings shall be included when necessary to confirm suitable
site conditions for placement of buildings with basements and related structures, especially in areas with hydric soils
and shallow depth to groundwater. Existing soil conditions should be considered when designing the site layout. If a
stormwater BMP depends on the properties of soils, the assessment shall include the necessary information such as,
but not limited to: organic content and percolation/infiltration rates. The number and location of required soil
borings and/or soil test sites shall be determined based on what is needed to determine the suitability and distribution
of soil types present at the location of the BMP. This information shall be used to provide a summary of the
associated risks and potential for adequate drainage related to infiltration practices, groundwater mounding and
basement flooding. Consultation with a Certified Professional Soil Scientist or Soil Classifier may be necessary or
required.
(1) Provisions shall be made for stream buffers. The area shall be defined within a recorded
easement that includes a management plan. They shall be maintained with native vegetation along naturally
occurring stream areas using the following requirements based on stream order:
(i) Streams exceeding 3rd order and above, the City requires sketches, maps,
studies, engineering reports, tests,profile's, cross-sections, construction plans and specifications to
determine adequate buffer widths.
(ii) Perennial streams (1st and 2nd order). The total required stream buffer width is
one hundred (100) feet on each side perpendicular to the waterway measured from the outer wet
edge of the channel during base flows.
(iii) Intermittent streams. The total required stream buffer width is fifty (50) feet on
each side perpendicular to the water way measured from the centerline of the channel.
(iv) Waterways and/or dry channels that have a contributing drainage area of fifty
(50) acres or greater. The total required stream buffer width is thirty (30) feet on each side
perpendicular to the waterway measured from the centerline of the waterway.
(v) Waterways and/or dry channels with a contributing drainage area of less than 50
acres. The total required stream buffer width is twenty(20) feet on each side perpendicular to the
waterway measured from the centerline of the waterway.
(m) A Maintenance, Repair, and Landscaping Plan that is periodically updated for all
structural and nonstructural stormwater BMPs including detailed routine maintenance as well as long-term
maintenance of vegetation, and repair procedures to ensure their continued efficient function shall be provided to the
Public Works Department. These plans will identify the parts or components of a stormwater BMP that need to be
maintained and the equipment, skills or training necessary. The plan shall also indicate who will be responsible for
the maintenance of vegetation at the site. Provisions for the periodic review and evaluation of the effectiveness of
the maintenance program and the need for revisions or additional maintenance procedures shall be included in the
plan. Native Iowa plants and trees shall be considered for use with stormwater BMPs.
(n) Proof of permanent recorded Maintenance Easements that will ensure access to all
stormwater BMPs at the site for the purpose of inspection and repair. These easements will be recorded with the
stormwater management final plan and will remain in effect even with transfer of title to the property.
(o) Dedicating Drainage Easements: Any stormwater BMP outside of the public right-of-way
shall be dedicated in a perpetual unobstructed easement with satisfactory access to a public way and from a public
way to a natural watercourse or to other stormwater management measure. Any such easement shall be secured by
the subdivider or developer and dedicated to the City without cost to the City.
(p) The property owners of residential, commercial, and industrial properties are responsible
for short and long-term maintenance of all water quality practices. The City of Ames accepts long-term
responsibility (e.g. dredging, outlet structure replacement) for large water quantity (flood) control practices (e.g.
detention basins)as part of residential developments. A recorded easement shall be provided to the City of Ames to
cover the entirety of and access to the large water quantity control practices. The property owners have short-term
maintenance responsibility (e.g. mowing, weed control, removal of volunteer trees) of the water quantity (flood)
control practices as part of residential developments. The property owners are responsible for maintenance of all
stormwater facilities as part of commercial and industrial properties.
(q) Copies of all existing SWPPPs (as required by the City's COSESCO ordinance) current
as of the date of submission of the stormwater management final plan for all construction activities related to
implementing any on-site stormwater BMPs .
(r) For lot development impacted by stormwater BMPs and conveyance features:
(i) The builder shall provide to the Municipal Engineer, or designated City
representative, an Elevation Certificate that is signed and sealed by a land surveyor, engineer, or
architect authorized by law to certify elevation information.
(ii) The Elevation Certificate shall certify that the protected level(lowest opening or
protective flood barrier that achieves the same result) of all buildings shall be a minimum of 3 feet
above the 100 year water surface elevation of stormwater BMPs.
(iii) Building foundations adjacent to stormwater BMPSs and/or stormwater
infrastructure (i.e. conveyance features, inlets, manholes) shall be 3 feet above the 100 year water
surface elevation.
(s) Any required storm sewers including foundation drain collector lines shall be separate
from any required sanitary sewers and shall be installed at the subdivider's or developer's expense and subject to
requirements of the City and shall be adequate to serve all lots or parcels of land within the area to be subdivided.
(i) The storm sewer system shall be designed with due regard to the present and
reasonably foreseeable needs of the area to be subdivided and to the location and capacity of
existing storm sewers and other stormwater management measures available to serve existing and
reasonably anticipated development or use of areas abutting the area to be subdivided.
(ii) Upon determination by Municipal Engineer, such storm sewers may become the
property of the City, upon determination of the Municipal Engineer through the City's inspection,
approval, and acceptance of such sewers, after the subdivider pays to the City any costs associated
with their installation including any reasonable charge for any supervisory or other services
provided by the City.
(t) Accommodating Upstream Drainage Areas: Any necessary and appropriate stormwater
BMPs shall be designed to accommodate runoff from any upstream area potentially draining into or through the area
to be subdivided, whether such area is inside or outside the area to be subdivided. Such design shall assume that the
upstream area upon development or redevelopment will be regulated such that volume of surface water runoff shall
be equal to the runoff from the current landuse condition.
(u) Protecting Downstream Drainage Areas: Any development shall provide for mitigation of
any overload condition reasonably anticipated on any existing downstream stormwater BMPs outside the area to be
subdivided, provided that the development or use of the area to be subdivided creates or contributes to such
condition.
See 5B.4. WAIVERS
(1) Every applicant shall provide for stormwater management as required by this ordinance except in
certain redevelopment situations when confronted with difficult site conditions that limit design of such BMPs listed
in the Iowa Stormwater Management Manual. In such case, a written request must be filed to waive implementation
of BMPs in part or in whole. Requests to waive implementation of BMPs in part as defined in 513.4(2) shall be
submitted to the Municipal Engineer for approval.
(2)Partial Waivers
(a) Partial waivers of BMPs required by this ordinance may be granted for redevelopment
projects if the proposed development is not likely to impair attainment of the objectives of this ordinance. At least
one of the following conditions, in successive order, shall be established by applicant based on authoritative written
evidence satisfactory to the Municipal Engineer:
(i) Alternative minimum requirements for on-site management of
stormwater have been established in a stormwater management plan that has been approved by the
Municipal Engineer and fully implemented. If the applicant is unable, for good cause shown, to
meet the requirements of this subsection,the applicant shall meet the following condition:
(ii) Provisions are made to manage stormwater by an off-site facility that has been
approved by the Municipal Engineer. The off-site facility is required to be in place,to be designed
and adequately sized to provide a level of stormwater control that is equal to or greater than that
which would be afforded by on-site practices and there is a responsible entity legally obligated to
monitor the performance of and maintain the efficiency of stormwater BMPs in accordance with
an approved maintenance plan.
(b) In instances where one of the above conditions is established, the applicant must further
establish by authoritative written evidence satisfactory to the Municipal Engineer that the partial waiver will not
result in any of the following impacts to downstream waterways:
(i) deterioration of existing culverts,bridges, dams, and other
structures;
(ii) degradation of biological functions or habitat;
(iii) accelerated streambank or streambed erosion or siltation;
(iv) increased threat of flood damage to public health,life,
property.
Sec 5B.5. FINANCIAL SECURITY AND PERFORMANCE BOND
(1) City shall require the submittal of an installation performance security or bond prior to issuance of
approval in order to insure that the stormwater BMPs are installed as required by the approved stormwater
management final plan:
(a) The amount of the installation financial security or bond shall be the total estimated
construction cost of the stormwater BMPs approved in the stormwater management plan. The installation financial
security or bond shall contain forfeiture provisions for failure to complete work specified in the stormwater
management plan.
(b) The installation financial security or bond shall be released in full only upon submission
of"as built plans" of all stormwater BMPs specified in the stormwater management plan and written certification by
a Licensed Professional Engineer or Professional Landscape Architect or person credentialed in a manner suitable to
the city that the stormwater BMPs have been installed in accordance with the approved stormwater management
final plan and other applicable provisions of this ordinance. City will make a final inspection of stormwater BMPs to
ensure compliance with the approved stormwater management plan and the provisions of this ordinance. Provisions
for a partial pro-rata release of the installation performance security or bond based on the completion of various
development stages can be made at the discretion of the Municipal Engineer.
(2) City shall also require the submittal of a maintenance performance security or bond prior to
issuance of a permit in order to insure that the stormwater BMPs are maintained in an effective state for a minimum
of four years. This maintenance performance security or bond may be released by the City upon a showing
satisfactory to the Municipal Engineer that:
(a) another bona fide financially responsible legal entity, such as a home-owners' or similar
organization organized under Iowa law, has been assigned responsibility for maintenance of the stormwater BMPs
in an effective state for the balance of the four year period after assignment; and
(b) said assignee-legal-entity has fully accepted such responsibility in a written document
that qualifies for recording and has been recorded in the county recorder's office under Iowa law;and
(c) said assignee-legal-entity posts a substitute maintenance performance security or bond
subject to release at the end of the initial four year period upon a further showing by the assignee-legal-entity that
the stormwater BMPs are, in City's sole judgment, still reasonably effective.
Sec 5B.6. CONSTRUCTION INSPECTION
(1) After construction is completed, applicants are required to submit actual "as built" drawings
satisfactory to City for any stormwater BMPs located on-site. The drawings must show the final design
specifications for all stormwater BMPs and must be certified by a Professional Engineer, Landscape Architect or
credentialed in a manner acceptable to the city. A final inspection by City is required before the release of any
performance securities can occur.
(2) Construction inspections will be conducted by the City or designated representative of the City at
the conclusion of a development or redevelopment project after as-built plans are submitted to the City to ensure the
stormwater BMPs have been built according to the stormwater management plan. For subdivisions, the owner is
responsible for covering actual Engineering cost per City code. For individual site developments, the cost is
included in the COSESCO fee.
(3) Financial security or bond will be released upon acceptance.
Sec 5B.7. MAINTENANCE AND REPAIR OF STORMWATER BMPs
(1)The applicant or owner of every site,or an assignee qualified,shall be responsible for maintaining as-
built water quality BMPs in an effective state.
(2) Prior to the issuance of a COSESCO permit that has a stormwater management BMP as one of its
requirements of the permit, and part of receiving approval of the stormwater management plan, the applicant or
owner of the site agree to provide for access to the BMP and the land it serves at reasonable times for periodic
inspection by City or City's designee and for regular or special assessments of property owners to ensure that the
BMP is maintained in proper working condition to meet City stormwater requirements.
(3) Maintenance of all stormwater management BMPs shall be ensured through the creation of a
maintenance plan that must be approved by City at time of the stormwater management plan approval. As part of the
plan, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the
stormwater management BMPs. The plan shall also include plans for periodic inspections to ensure proper
performance of the BMPs between scheduled cleanouts.
(4) All stormwater management BMPs must undergo an annual inspection to document maintenance
and repair needs and ensure compliance with the requirements of this ordinance and accomplishment of its purposes.
Any maintenance or repair needs detected must be corrected by the developer or entity responsible in a timely
manner, as determined by City, and the inspection and maintenance requirement may be increased as deemed
necessary to ensure proper functioning of the stormwater management BMPs.
(5) Inspection programs may be established on any reasonable basis. Inspections may include,but are
not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and
material or water in storm water BMPs,and evaluating the condition of stormwater management BMPs.
(6) Parties responsible for the operation and maintenance of stormwater management BMPs shall
make records of the installation and of all maintenance and repairs, and shall retain the records for at least 3 years.
These records shall be made available to City during inspection of the facility and at other reasonable times upon
request.
(7) If a responsible party fails or refuses to meet the requirements of the approved plan or any
provision of this ordinance, City, after reasonable notice, may correct a violation by performing all necessary work
to place the BMP in proper working condition. In the event that the stormwater management BMP becomes a danger
to public safety or public health, City shall notify the party responsible for maintenance of the stormwater
management BMP in writing. Upon receipt of that notice, the responsible person shall have 30 days to effect
maintenance and repair of the stormwater management BMP in an approved manner. After proper notice, City may
assess,jointly and severally, the owner(s) of the stormwater management 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.
Sec 5B.8. ENFORCEMENT BY LEGAL OR ADMINISTRATIVE ACTION
(1) Violation of any provision of this ordinance may be enforced by civil action including an action for
injunctive relief. In any civil enforcement action, administrative or judicial, the City shall be entitled to recover its
attorneys' fees and costs from a person who is determined by a court of competent jurisdiction to have violated this
ordinance.
(2) Violation of any provision of this ordinance may also be enforced as a municipal infraction within
the meaning of Iowa Code Section§364.22,pursuant to the City's municipal infraction ordinance.
(3) Restoration of lands: Any violator may be required to restore land to its undisturbed condition. In
the event that restoration is not undertaken within a reasonable time after notice, City may take necessary corrective
action,the cost of which shall become a lien upon the property until paid.
(4) Holds on Occupation Permits: Occupancy permits shall not be granted until all storm water
management BMPs have been inspected and approved by City.
Sec 5B.9. MEANS OF APPEAL
Any person directly affected by a decision of the Municipal Engineer or other City staff, or a notice or order issued
under this code, shall have the right to appeal. That appeal shall be heard by the City Council. An appeal shall be
made in writing and be filed with the City Clerk no later than 20 days after the date of the notice or order. The
written appeal shall specify in detail the action appealed from, the errors allegedly made by the enforcement officer
giving rise to the appeal, a written summary of all oral and written testimony the applicant intends to introduce at the
hearing, including the names and addresses of all witnesses the applicant intends to call, copies of all documents the
applicant intends to introduce at the hearing,and the relief requested.
An application for appeal shall be based on a claim that:
(1)the true intent of this Code or the rules legally adopted hereunder have been incorrectly interpreted, or
(2)the provisions of this Code do not fully apply,or
(3) the requirements of this Code are adequately satisfied by other means, and the specific proposed alternative
action will increase the degree of general code compliance of the specific system or the building and premises,or
(4)there are specific fixed conditions that make strict compliance with this Code impracticable, or
(5) required actions cannot be completed within the time limit specified by the Municipal Engineer or other City
official."
Section Two. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent
of such conflict,if any.
Section Three. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Adopted this 22nd day of April,2014.
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Diane R. Voss,City Clerk Ann H. Campbell,Mayor