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HomeMy WebLinkAbout5030-2 /21/2011ORDINANCE NO. 5030 ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING A NEW ARTICLE C, POST -CONSTRUCTION STORM WATER MANAGEMENT, OF CHAPTER 4, STORM WATER MANAGEMENT PROGRAM, OF TITLE 8, PUBLIC UTILITIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, 1 gel,T That a new Article C, Post -Construction Storm Water Management, of Chapter 4, Storm Water Management Program, of Title 8, Public Utilities, is hereby enacted as follows: TITLE 8 CHAPTER 4 STORM WATER MANAGEMENT PROGRAM ARTICLE C. POST -CONSTRUCTION STORM WATER MANAGEMENT Section 8-4C-1. Findings. A. 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 INDR an NPDES permit for the discharge of storm water from a Municipal Separate Storm Sewer System (MS4) (the "MS4 Permit"). The 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. B. As a condition of the City's MS4 Permit, the City is obliged to develop, implement and enforce a post - construction storm water management ordinance. C. No state or federal funds have been made available to assist the City with inspections, monitoring activities and/or enforcing the Program. Accordingly, the City shall fund its inspections, 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 funding sources. Fees shall be determined from time to time by resolution of the City Council. Section 8-4C-2. Definitions. Terms and acronyms used in this article shall, unless defined in this article, have the meanings given to them in Section 8-4-1 of this chapter. Ordinance No. 5030 Page 2 Applicant: Any person, firm, sole proprietorship, partnership, corporation, state agency or political subdivision required by this article to develop a Post Construction Storm Water Management Plan in conjunction with the development or redevelopment of land within the City of Waterloo. Applicant's Engineer: A licensed Professional Civil Engineer, Registered Architect or Registered Landscape Architect employed by the Applicant who has primary responsibility for the design of the PC Plan for the Applicant's site. City Storm Water Management Requirements: Are set forth in Section 8 -4C -4-C and are based, in part, upon the Iowa Storm Water Management Manual. Drainage Easement: A legal right granted by a landowner to a grantee allowing the use of private land for storm water management purposes. Iowa Storm Water Management Manual: The manual collaboratively developed by the Iowa Department of Natural Resources (INDR) and the Center for Transportation Research and Education (CTRE) - now the Institute for Transportation (InTrans) - at Iowa State University that contains the sizing criteria, design and specification guidelines and BMPs that address storm water quality and quantity management. This manual can be found on the web at the following address: http://www.intrans.iastate.edu/pubs/stormwater/index.cfm Post Construction Storm Water Management Plan (PC Plan): The set of plans, specifications, calculations and supporting materials approved by the City that defines the system of BMPs that are to be constructed and maintained on the site to handle the quantity and increase the quality of storm water runoff created by development. Property Owner: A person who, alone or with another person or other persons, holds the legal title to property; except, however, where property has been sold on contract to a person who has the present right to possess the property and the contract has been filed for record in the Office of the County Recorder, in which case the person so purchasing the property, whether alone or with another person or other persons, is the "property owner", and the person retaining bare legal title to the property as a security for the balance of the purchase price is not the "property owner". Regional Storm Water Management Facility: Facilities designed to accept storm water runoff from two or more sites that are required to comply with all city, state or federal storm water management requirements. Single -Family Dwelling: A detached residence designed for or occupied by one family only. Storm Water Management: The use of BMPs that are designed in accordance with City storm water requirements to reduce storm Ordinance No. 5030 Page 3 water runoff pollutant loads, discharge discharge rates and detrimental changes - that affect water quality and habitat. Section 8-4C-3. Applicability. volumes, peak flow in stream temperature A. This article shall apply to all development, redeveloped property or land disturbing activities within the City of Waterloo meeting the criteria stated below: 1. Land disturbing activity exceeding 43,560 square feet or more in area on land previously vacant of buildings or largely free of previous land disturbing activity; or 2. Land disturbing activity creating 5,000 square feet or more in area of impervious surface; or 3. Land disturbing activity that is smaller than the minimum area criteria set forth in this subsection, if such activities are part of a larger common plan of development that may or may not take place at the same time; or 4. Construction of new parking and storage areas or the expansion, reconstruction or hard surfacing of existing parking lots or storage areas. The addition of granular material to the existing footprint of a granular surfaced parking lot or storage area shall not be considered reconstruction under this article. B. Activities exempt from this"article: 1. Development or redevelopment of property within the Central Business District, as defined in the current City of Waterloo Zoning ordinance. 2. Any additions or modifications to existing single-family dwellings provided that said additions and/or modifications do not create a dwelling with impervious surfaces greater than 5,000 square feet. 3. Any logging activity consistent with an approved timber management plan. 4. Any agricultural activity consistent with an approved soil conservation plan. No owner or developer of land subject to this article shall receive any building permits without first meeting the requirements of this article prior to commencing the proposed activity. Ordinance No. 5030 Page 4 Section 8-4C-4. Submission and Approval of the Post Construction Storm Water Management Plan. A. Required submittals: A complete Post Construction Storm Water Management Plan (PC Plan) requires that the following materials be submitted to the City Engineering Department:. a. Plans, specifications, calculations and supporting materials utilized to develop the Applicant's PC Plan; b. Regional storm water management facility repair and maintenance agreement, if applicable; C. Drainage easement, if applicable; and d. Storm Water Pollution Prevention Plan (SWPPP), if applicable; B. Submission review process: The City's PC Plan submission review process shall proceed as follows: a. The City shall review the submission for completeness. If an incomplete submission is received, the review shall be halted and the City shall inform the Applicant of the additional materials that need to be submitted in order for the review to continue. The PC Plan review period will begin anew when all materials have been submitted. b. If during the review the Applicant's PC Plan, elements are found that do not comply with the requirements of this section, the review shall be halted and the City shall send a written bill of particulars to the Applicant and the Applicant's Engineer. The PC Plan review period will begin anew when a revised PC Plan is submitted. The City shall not issue approval of a PC Plan until all non -complying elements have been corrected. C. The City shall send written notification to the Applicant and the Applicant's Engineer of the approval of the Applicant's PC Plan within ten (10) business days following the Applicant's submission of a complete and/or revised PC Plan. C. PC Plan Requirements: Every PC Plan submitted to the .City shall include a plan detailing the control, operation and maintenance of the proposed storm water management facility or facilities, shall comply with standards approved by the City Engineer and shall include the following: a. Be prepared by the Applicant's Engineer; Ordinance No. 5030 Page 5 b. The following statement signed and dated by the Applicant: "The undersigned Applicant hereby agrees to defend, indemnify and hold the City of Waterloo harmless from any and all claims, damages or suits arising directly or indirectly out of any act of commission or omission by the Applicant, or any employee, agent, assignee or contractor or subcontractor of the Applicant, in connection with Applicant's Post -Construction Storm Water Management Plan." C. Contact information, including the name, address and phone number of the property owner(s); d. A map or maps indicating the following: i. The location of existing and proposed: 1. Buildings; 2. Roads; 3. Parking and storage areas;. 4. Utilities; 5. Easements; 6. Contours; 7. Drainage patterns; 8. Land disturbance limits; 9. Storm water management facilities; 10. Sediment, erosion and pollution control BMPs. ii. For all developments 5 acres or greater in size, a map of the site which extends a minimum of 250 feet beyond the limits of the proposed development that indicates existing contours, surface water drainage, including streams, ponds, culverts, ditches, and wetlands; current land uses, including all existing structures; locations of utilities, roads and easements; and significant natural and manmade features. e. A tabulation of the percentage of surface area to be adapted to various uses: f. The storm water management facilities constructed shall detain all on-site storm water run-off equal to the differences between the total storm water run-off generated from a 10 -year design storm as applied to the entire property, including the proposed and future, if applicable, improvements and a 5 -year design storm as applied to the entire property prior to any development. g. Hydrologic and hydraulic design calculations for the undeveloped and post -development conditions Ordinance No. 5030 Page 6 for the 5 -yr, 10 -yr, and 100 -yr design storms. Such calculations shall include: i. Description of the design storm frequency, intensity, duration; ii. Time of concentration; iii. Soil curve numbers or runoff coefficients; iv. Peak runoff rates and total runoff volumes for each watershed area; V. Infiltration rates, where applicable; vi. Culvert capacities; vii. Flow velocities; viii. Data on the increase in rate and volume of runoff, and; ix. Documentation of sources for all computation methods and field test results. h. If a storm water management facility depends on the hydrologic properties of the soils (e.g., infiltration basins), then a report detailing the existing soil conditions and percolation test results shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pit profiles shall be determined based on what is necessary to determine the suitability and distribution of soil types present at the location of the facility. The percolation test results shall be based on on-site percolation tests. The number and location of the percolation test sites shall be determined based on the soils report of the existing soil conditions and the location(s) of the proposed storm water management facility. i. For development occurring on a previously developed site, the PC Plan shall include existing storm water runoff discharges. j. Multiple submissions of a PC Plan shall include a summary of differences between the new PC Plan and the previously submitted PC Plan. D. Water quality components shall be considered in the design of the storm water management facility and implemented when practical. BMPs utilized shall have clear citations to the Iowa Storm Water Management Manual, latest edition. All landscaping components and soil stabilization practices shall comply with existing City zoning and storm water erosion and sediment control requirements. Ordinance No. 5030 Page 7 E. The PC Plan shall also include specifications for the inspection, maintenance and repair of the storm water facility(ies). F. The City may require that the applicant file a conceptual plan to analyze the maximum development potential of a site under existing zoning regulations, regardless of whether the applicant presently intends to develop the site to its maximum potential. G. The proposed storm water management facilities shall not cause downstream property owners, water courses, channels, or conduits to receive storm water runoff from the proposed development site at a higher peak flow rate than that allowed under section 8 -4C -4C -f or the city storm water detention policy in effect at the time of approval of the development. H. After construction is completed, the Applicant shall submit to the City "as built" drawings of the storm water management facility, certified by a licensed professional civil engineer, registered architect or registered landscape architect. I. If the as -built storm water management facilities were constructed differently than the facilities described in the approved PC Plan, the Applicant shall provide to the City calculations that the constructed storm water facilities provide the same or greater storm water control and treatment as the facilities originally approved by the City. J. In the event the property owner(s) and the City agree that the constructed storm water management facilities are to be accepted by the City, the property owners) shall provide documentation as the City determines is appropriate. This documentation may include, but is not limited to: as -built plans, a two-year maintenance bond, construction test results, material certifications, and itemized construction costs. K. If the submitted PC Plan is for a development utilizing a regional storm water management facility, the Applicant shall submit a maintenance and repair agreement with the PC Plan. Said agreement shall be between the Applicant and the owner(s) of the property the regional storm water management facility is located on and shall detail the responsibilities of each party regarding inspection, maintenance and repair of the facility and the payment of the costs incurred for those activities. This agreement shall be filed in the office of the County Recorder and shall be binding upon all owners of the properties involved until the facility is removed or is no longer used by the property sending storm water. Ordinance No. 5030 Page 8 L. If the use of a regional storm water facility requires the creation of a drainage easement to allow water to flow between properties, the Applicant shall provide copies of the drainage easement between the owners of the affected properties. This document shall describe the location of the easement and shall detail the responsibilities of the parties involved regarding the inspection, maintenance and repair of the easement area and payment for costs incurred for those activities. This easement shall be filed in the office of the County Recorded and be binding upon all properties involved until such time as the easement is no longer needed. M. The City's review of the Applicant's PC Plan is not a determination of the effectiveness of the controls shown in the PC Plan. Section 8-4C-5. Inspection, Maintenance and Repair of Storm Water Management Facilities. Each property owner(s) and successor property owners shall be responsible for inspecting and maintaining the storm water management facilities located on the property. The owner(s), successor owners and benefactors of a regional storm water management facility shall be jointly and severally responsible for inspecting and maintaining the regional storm water management facility. A. Inspections: The property owner(s), successor property owners and benefactors shall ensure that the storm water management facilities, devices and structures are periodically inspected. Periodic inspections shall be completed as needed and in no case less than one (1) time per year. Failure to conduct inspections shall be considered a violation of this article. This inspection requirement shall also apply to all existing storm water management facilities constructed before the adoption of this article. B. Maintenance and Repair: All property owner(s), successor property owners and benefactors of a storm water management facility shall ensure that all storm water management facilities, devices and structures be maintained in accordance with the approved PC Plan to provide for the proper functioning of the facilities. This maintenance and repair requirement shall also apply to all existing storm water management facilities constructed before the adoption of this article. If facility repairs are needed, the repairs shall be conducted in a timely manner. Failure to conduct repairs in a timely manner shall be considered a violation of this article. C. Inspection, Maintenance and Repair Documentation: All inspections, maintenance and repairs shall be Ordinance No. 5030 Page 9 documented. The property owners) or their assigns shall retain these documents for at least ten (10) years. Copies of all documentation shall be made available to the City upon request. A copy of the certified "as -built" construction plans for the storm water management facility shall be included with the inspection, maintenance and repair documentation. Section 8-4C-6. City of Waterloo Inspection Procedures. A. The City Engineer or his designee shall conduct all inspections undertaken by the City under this article. B. The City shall be permitted to enter and inspect, at any reasonable time, any property with storm water management facilities to determine compliance with this chapter, including storm water management facilities constructed before the adoption of this article. Additionally, the City may request that a property owner verify, through the preparation of plans or a report completed by an Applicant's Engineer, that the storm water management facilities continue to have the same capacities and operational characteristics as originally designed and approved. C. Failure of the property owner to allow access to the property shall constitute a violation of this ordinance. Section 8-4C-7. Corrective Action. A. In the event that a storm water management facility is found to be in non-compliance with the approved plans, the City will deliver to the property owner a written bill of particulars that identifies any non-compliant element or condition. The property owner shall have fourteen (14) days from the date of notice to provide to the City a written response outlining the steps and implantation timelines for corrective action. The property owner shall have thirty (30) days from the date of notice to complete the corrective action necessary to bring the storm water management facility back into compliance with the approved plans. For good cause shown, the City may extend the deadline for taking corrective action. B. Following the review of the property owner's written response, if extenuating circumstances exist which make implementation of the necessary corrective action difficult to complete within the time period specified above, the City may, at its sole discretion, grant a reasonable extension of time to complete the corrective action if requested by the property owner. Ordinance No. 5030 Page 10 C. Failure of the property owner to provide a written response or undertake corrective action shall constitute a violation of this ordinance and shall be deemed a nuisance, which the City may summarily abate or restore at the property owner's expense in accordance with the procedures set forth in section 8- 4-15 of the code. Appeal of such action shall be pursuant to section 8-4-16 and not section 8-4C-10 of this Article. The City's costs to abate the nuisance shall, if not paid, constitute a lien against the property and shall be assessed against the property pursuant to Iowa Code § 364.12 for collection in the same manner as a property tax. Section 8-4C-8. Responsibility. The failure of City personnel to observe or foresee hazardous or unsightly conditions, or to impose other or additional conditions or requirements, or to deny or revoke permits or approvals, or to stop work in violation of this chapter, shall not relieve the property owner of the consequences of its acts or omissions or result in the City, its officers, employees or agents, being liable therefore or on account thereof. The City shall not be responsible for the direct or indirect consequences to the Applicant or to third parties for non-compliant conditions that were undetected by inspection or because an inspection did not occur. Section 8-4C-9. Enforcement. A. Violation of any provision of this article may be enforced by issuance of a stop work order by the City Engineer or his designee or by civil action, administrative or judicial, including but not limited to an action for injunctive relief. A stop work order shall specify the violation(s) and shall remain in effect until the deficient condition has been remedied. B. Violation of any provision of this article shall constitute.a municipal infraction under this code. A person may be cited for subsequent violations as additional violations are discovered or as PC Plan elements fail. Each day that a municipal infraction occurs or is permitted to exist constitutes a separate offense. C. In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this article shall be considered a threat to public health, safety, and welfare, and is declared and deemed a nuisance. This nuisance may be abated or remedied at the violator's expense as provided in section 8-4-12 of this code, and/or a civil action may be prosecuted to abate, enjoin, or otherwise compel the cessation of such nuisance. The City's costs to abate the nuisance Ordinance No. 5030 Page 11 shall, if and to the extent not paid, constitute a lien against the property and shall be assessed against the property pursuant to Iowa Code g 364.12 for collection in the same manner as a property tax, in accordance with the procedures set forth in section 8-4-14 of the code. D. In addition to any fine or penalty set forth in a schedule of violations adopted by the City, as amended thereafter from time to time, the City may recover all attorney's fees, court costs and other expenses associated with enforcement of this article, including necessary monitoring expenses. E. The remedies listed in this article are not exclusive of any other remedies available under the applicable federal, state or local law. It is within the discretion of the City Engineer or his designee to seek cumulative remedies if necessary. The City Engineer, or his designee, upon the advice and consent of the City Attorney, shall undertake enforcement pursuant to this section. Section 8-4C-10. Appeal. A. Other than nuisance actions subject to the procedures of sections 8-4-15 and 8-4-16 of the code, administrative decisions by City staff and enforcement actions of the City Engineer or his designee, may be appealed by the Applicant to the City Council, or a committee designated by the City Council, pursuant to the procedures set forth in this section. B. The appeal must be filed in writing with the City Clerk within fourteen (14) days of the decision or enforcement action. An administrative fee, as set forth in a schedule of fees determined by the City Council from time to time, must be paid when the appeal is filed. Failure to file the appeal and pay the administrative fee within said fourteen (14) days shall constitute a waiver of the right to a hearing. The written appeal shall specify the action appealed from, the errors allegedly made that give rise to the appeal, and the relief requested. C. The City Clerk shall notify the Applicant and the City Engineer or his designee whose decision or action has been appealed of the date, time and place for the appeal hearing. Notice shall be mailed to the Applicant by ordinary mail. The hearing shall be scheduled for a date not less than four (4) days nor more than twenty (20) days after the filing of the appeal, unless the Applicant requests an extension of not more than fourteen (14) days. Ordinance No. 5030 Page 12 The hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The City Council or designated committee may consider any evidence it considers credible and give such weight to the evidence as it considers warranted. The intent of this paragraph is to promote the prompt and speedy resolution of disputes. The Applicant may be represented by counsel at the Applicant's expense. The City Engineer or his designee or other City employees may be represented by the City Attorney or by an attorney designated by the City Council at City's expense. D. The decision of the City Council, or committee designated by the City Council, shall be rendered in writing within ten (10) days after the hearing, or any continued session thereof, and may be appealed to the Iowa District Court as provided by law. Section 8-4C-11. Severability. The provisions of this article are hereby declared to be severable. If any section, provision, clause, sentence, paragraph or part of this ordinance or the application thereof to any person, establishment, or circumstance shall be held invalid or unconstitutional, such adjudication shall not affect the other provisions or applications of this article. INTRODUCED: February 07, 2011 PASSED 1ST CONSIDERATION: February 07, 2011 PASSED 2ND CONSIDERATION: February 14, 2011 PASSED 3RD CONSIDERATION: February 21, 2011 PASSED AND ADOPTED this ATTEST: J QJ-CJ Suzy S ares, CMC City Clerk 21St day of February, 2011. —,Za // e,"kl Ernest G. Clark, Mayor Ordinance No. 5030 Page 13 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5030, as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 21St day of February, 2011. Witness my hand and seal of office this 21St day of February, 2011. r SEAL Suzy S h res, CMC City Clerk STATt OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1351915 THE FOLLOWING IS A SUMMARY OF ORDIN notice was published in the WATERLOO/CEDAR FALLS COURIER -, a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 06/07/2011, in the issues of 06/07/2011 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct1- ThefollowingisasummaryofOrdinance No. 5030. The ordinance may be re - bill for publishing said notice, viewed in its entirely atthe office ofthe c' c Printer's Bill $19.53 Subscribed and sworn to to before me this �- day of - r Notary Public Received of the sum of Dollars in full for publication of the above invoice. Notary Seal: ` DEBBIE S. ARBUCKLE COMMIONIS N, 4358 L'. CoMUvo 17 L Xr' ,q s ty Jerk, located at 715 Mulberry Street, Waterloo, Biwa 50703, Monday - Friday between the hours of 8 a.m. and 5 'l p.m. I ORDINANCE_ NO. 5030 ORDINANCE AMENDING TC4E 2007 CODE OF ORDINANCES OFTRE CITY OF WATERLOO, IOWA, BY Af*ING A NEW Af 7ICLE C, POST-CONSTWJCTION STORM WATER MANAGEMENT, OF CHAPTER 4, STORM WATER MAN- AGC�EMENT PROGRAM OJTLE 8, PUBLIFhCUTILIfIES, �.I, BE IT OR6AINED BY THE C Ct7UN- CIL OF THE CITY OF WA � Qt00, IOWA: ;S 1r i Ordlnsfib� No. 5030, st-dhi $ i3ction Storm 1 4ter Manag nlentftfi was create&to satisfy a requ,r #M of the Nr City Of'*rloo's NP OEs t, rf Per- mit No ,,:fbr storm Water Cha as ssu�d by the Iowa Departtn#h New- ral Rqqes, under drecil • the Urnt6d es Environme c tenon Age ThtB0 kfonbe codifies currf IC54 of d sites, mainly or large and dev9opmanf VAMh the to certayA "nts. Additions this ordinance dhows the Citi of W> rloo to inspect,allrow and ex'stfiIi ate storm water, manage- ment s witbin the City and pro. vides afA�hagj rm,fgrthe City,to insure that rq{0jignanr, tgrtd repair;of those systemsis;oondgscaLt INTROC►CED: ,,; February07, 2011 PASSED 1ST CON61DERATION: 'February a7, 2011 PASSED 2ND CON61DERATION: . February 14, 2011 PASSED 3RD CONSIDERATION: February 21, 2011 PASSED AND ADOPTED this 21st day of February, 2011. Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk i