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HomeMy Public PortalAbout2009-02 oZ� ORDINANCE NO. 05 -2009 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES ARTICLE 16 APPENDIX A -LAND DEVELOPMENT CODE STORMWATER MANAGEMENT OF THE LAND DEVELOPMENT CODE FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers, and WHEREAS, the governing authority makes the following findings: (a) Uncontrolled stormwater drainage /discharge may have a significant, adverse impact on the health, safety, the welfare of the city, and the quality of life of its citizens. More specifically, surface water runoff can carry pollutants and nutrients into receiving waters. (b) Uncontrolled stormwater drainage can increase the incidence of flooding and the level of floods which occur, endangering roads, other public and private property and human life. (c) Altered land surfaces can change the rate and volume of runoff. (d) Adverse water quality and quantity consequences described above could result in substantial economic losses. Potential losses include, but are not limited to, increased water treatment costs, as well as state and federal fines associated with water quality violations. (e) Many future problems can be avoided through proper stormwater management. (f) Every parcel of real property, both public and private, either uses or benefits from the maintenance of the municipal/county separate storm sewer system. (g) Current and anticipated growth will contribute to and increase the need for improvement and maintenance of the municipal/county separate storm sewer system. WHEREAS, the governing authority determines that the objectives of this article include the following: (1) Protect, maintain, and enhance the short-term and long -term public, health, safety, and general welfare. The objective will be achieved by providing for regulation and management of municipal/county separate storm sewer system, including public (and private) facilities in the city's service area. (2) Comply with state (DNR) and federal (EPA) stormwater regulations developed Pursuant to the Clean Water Act. These requirements include: a. Control the contribution of pollutants to the municipal/county separate storm sewer system by stormwater discharge associated with commercial and industrial activity and the quality of stormwater discharged from sites of commercial and industrial activity; b. Prohibit illicit connections to municipal/county separate storm sewers; c. Control discharge to municipal/county separate storm sewers of spills, dumping or disposal of materials other than stormwater; and d. Control, through intergovernmental agreements, contribution of pollutants from one municipal/county system to another. NOW, THEREFORE, be it ordained by the Mayor and Council for the City of Tybee Island duly assembled in open session that Code of Ordinances for the City of Tybee Island be amended and is hereby amended so that the current Article 16 of Appendix A, Land Development Code is repealed in its entirety and Article 16 shall hereinafter read as follows: ARTICLE 16. STORMWATER MANAGEMENT ARTICLE A. IN GENERAL Sec. 16 -010. Short title. This chapter shall be known as the City of Tybee Island stormwater management ordinance. Sec. 16 -020. Definitions. For the purposes of this chapter, unless specifically defined below, words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most effective application. Words in the singular shall include the plural,'and words in the plural shall include the singular. Words used in the present tense shall include the future tense. The word "shall" connotes mandatory and not discretionary; the word "may" is permissive. For purposes of this chapter, the following terms, phrases and words, and their derivatives, shall have the meaning given in this section: (1) Accidental discharge shall mean a discharge prohibited by this chapter into the city separate stormwater system which occurs by chance and without planning or consideration prior to occurrence. (2) Agricultural practices shall mean practices involving the establishment, cultivation, or harvesting of products of the field or orchard; the preparation and planting of pastureland, farm ponds; and the construction of farm buildings. (3) Best management practices (BMPs) shall mean a wide range of management procedures, activities, and prohibitions or practices which control the quality and/or quantity of stormwater runoff and which are compatible with the planned land use. (4) City shall mean the incorporated entity known as the City of Tybee Island, Georgia. 2 (5) City Engineer shall mean any Professional Engineer registered in the State of Georgia hired or contracted by the City to provide civil engineering service to the City including but not limited to stormwater management, land use, site design and construction, and other duties as may be assigned (6) City separate stormwater system shall mean a conveyance or system of conveyances (including roads with drainage systems, highways, rights -of -way, city streets, catch basins, curbs, gutters, ditches, both natural and manmade channels, storm drains, detention ponds, drainage easements dedicated to the city, other stormwater facilities) which meets all the following criteria: Owned and maintained by the city; Designed and used for collecting or conveying stormwater; Not a known combined sewer; and Not part of a publicly owned treatment works (POTW). (7) Conveyance shall mean stormwater facilities designed for the movement of stormwater through the drainage system, such as concrete or metal pipes, ditches, depressions, swales. (8) Department shall mean the City of Tybee Island Planning and Economic Development Department or such other department as may be then designated for stormwater management purposes. (9) Development shall mean: The division of a lot, tract or parcel of land into two or more lots, plots, sites, tracts, parcels, or other divisions by plat or deed; The construction, installation, or alteration of a structure, impervious surface, or drainage facility; Clearing, scraping, grubbing, or other activities that significantly disturb the soil, vegetation, mud, sand or rock of a site; or Adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping, piling, dredging, or otherwise disturbing the soil, vegetation, mud, sand or rock of a site. (10) Director shall mean the director of Planning and Economic Development Department or such other department head as may be then designated as responsible for stormwater management. (11) Discharge shall mean the release of stormwater to the city separate stormwater system. (12) Drainage shall mean the removal of stormwater from a given area either by gravity or by pumping. (13) Easement shall mean an acquired legal right for the specific use of land owned by others. (14) Employee shall mean any city employee as designated by the city manager to have authority in stormwater management, planning, maintenance, or construction. (15) Exempt shall mean the release of the obligation to comply with specific sections of this chapter. (16) Flood shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from: The overflow of inland or tidal waters; or The unusual and rapid accumulation or runoff of surface waters from any source. (17) Illicit connection shall mean an unauthorized or illegal connection to a city separate stormwater system which results in discharge that is not composed entirely of stormwater runoff. (18) Indirect discharge shall mean any discharge to the city's separate stormwater system via another conveyance system that is not owned, operated, or maintained by the city. 3 (19) Maintenance shall mean any action necessary to preserve stormwater facilities in proper working condition, in order to serve the intended purposes set forth in this chapter. (20) Maximum extent practicable (MEP) shall mean the discharge standards and controls necessary for the reduction of pollutants discharged into the city separate stormwater system. These standards and controls may consist of a combination of best management practices, control techniques, system design and engineering methods, and such other provisions for the reduction of pollutants discharged from the city separate stormwater system. (21) NPDES shall mean the National Pollutant Discharge Elimination System permit granted by the Georgia Department of Natural Resources. (22) Person shall mean any individual, firm, corporation, government agency, business trust, estate, trust, partnership, association, two or more individuals having a joint or common interest, or any other legal entity. (23) Pollutant shall mean any substance contributing to the contamination or alteration of stormwater's physical, chemical or biological properties, including change in temperature, taste, color, turbidity, or odor; by the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters that will or is likely to create a nuisance or have a detrimental impact on the city's stormwater system which would preclude the legitimate use of such a system. (24) Private property shall mean property or facilities owned by individuals, corporations, and organizations other than the city, state, or federal government. (25) Procedure shall mean the method adopted by the city, by and through the director, to implement a regulation or regulations adopted under this chapter, or to carry out other responsibilities as may be required by this Code or other codes, ordinances or resolutions of the City of Tybee Island or other agencies. (26) Quality shall mean those parameters of stormwater that relate to the physical, chemical, biological or radiological integrity of stormwater. (27) Quantity shall mean those characteristics of stormwater that relate to the rate, volume, and duration of concentration of stormwater runoff. (28) Regulation shall mean any local, state, or federal rule, ordinance, design directive or other policies adopted by the mayor and council pursuant to the requirements of this chapter. (29) Sanitary sewer system means the complete sanitary sewer system of the City of Tybee Island which discharges sewage directly or indirectly into the sewage treatment plant, including sanitary sewer pipelines, manholes and flushing inlets and appurtenances. (30) Sediment shall mean solid particulate matter, both mineral and organic, that has been or is being transported by water, air, ice or gravity from its origin. (31) Site shall mean any lot, plot, parcel or tract of land. (32) Stormwater shall mean precipitation runoff, snowmelt runoff, and surface runoff. (33) Stormwater management shall mean the procedures and steps taken to minimize the impact of stormwater as related to manmade changes in the land including, but not limited to, collection, conveyance, storage, treatment, and disposal of stormwater runoff. (34) Stormwater management manual shall mean the most recent manual of stormwater management criteria of the City of Tybee Island. (35) Stormwater management facilities shall mean any and all components of a stormwater drainage system, designed to perform a particular function, or multiple functions, including, but not limited to, pipes, swales, ditches, culverts, streets, detention basins, retention basins, constructed wetlands, infiltration devices, catchbasins, oil/water separators, sediment basins, natural systems, modular pavement and pump stations. 4 (36) Stormwater management plan shall mean all documents that provide information and specifications for the drainage systems, structures, BMPs, concepts, and techniques that will be used to minimize the impact upon the stormwater system by a particular development. (37) Stormwater runoff shall mean the direct response of a land surface to precipitation to include surface and subsurface runoff that enters a ditch, stream, storm drain or other concentrated flow during and following the precipitation. (38) Variance shall mean the modification of the minimum stormwater management requirements for specific circumstances where strict adherence of the requirements would result in unnecessary hardship and not fulfill the intent of this chapter. Sec. 16 -030. Applicability of chapter. (a) This chapter shall apply to all existing and future discharges to the city separate stormwater system. (b) If any term, requirement or provision of this chapter becomes invalid or unenforceable, the remainder of this chapter shall not be affected, and any and all other requirements and provisions shall remain valid and be enforced to the fullest extent. (c) When this chapter is in conflict with other ordinances, the ordinance with the most stringent requirements shall apply as determined by the director of planning and economic development. Sec. 16 -040. Restrictions and limitations on the use of the city stormwater system. The primary purpose of the stormwater system is the conveyance of stormwater and other permissible discharges as outlined in section 16 -0200. (1) No person shall discharge, spill, or dump substances or materials which are not entirely composed of stormwater or discharges otherwise exempted in section 16 -0200 of this chapter into the city separate stormwater system or onto driveways, sidewalks, parking lots, streets, or other areas that discharge into the city separate stormwater system. (2) It shall be unlawful for any person to maliciously, willfully, or negligently break, damage, destroy, uncover, deface, modify, or tamper with any stormwater structure, appurtenance, or equipment. (3) It shall be unlawful, without prior written approval of the director, to alter in any way any part of the stormwater system including, but not limited to, rerouting, removing, deepening, widening, enlarging, filling or obstructing any part of the stormwater system including fencing easements and rights -of -way which render the system inaccessible to equipment necessary to perform maintenance and repairs. (4) It shall be unlawful for any person to connect any pipe, open channel, or any other conveyance system that discharges anything except stormwater or exempted discharges listed in section 16 -0270 of this chapter to the city separate stormwater system. Illicit connections will be disconnected and redirected to the city sanitary sewer system upon approval by the water /sewer manager at the expense of the responsible person. (5) It shall be unlawful to increase stormwater quantity discharged to the city separate stormwater system without an accepted stormwater management plan. Sec. 16 -050. The Department responsibilities for stormwater management. The Department shall be responsible for the management, maintenance, and improvement of the city's separate stormwater system, including activities necessary to control and monitor stormwater runoff quantity and quality. The Department will: (1) Administer the city's stormwater management program; 5 (2) Coordinate acceptance of stormwater management plans with city engineering with final acceptance based upon recommendations from the city engineer; (3) Direct operations and maintenance of the city's stormwater facilities to ensure optimal levels of service; (4) Establish and update this chapter and the stormwater management manual to include development standards and guidelines for regulating quantity and quality of stormwater runoff in compliance with NPDES permit requirements and changes in federal and state regulations; (5) Monitor private property discharges to the city separate stormwater system; (6) Take immediate steps to minimize effects of accidental discharges of pollutants into the city's stormwater system; (7) Develop stormwater educational and public awareness programs. Sec. 16 -060. Criteria for variance. For those situations when enforcement of this chapter will not enhance stormwater quality or reduce the impact of additional discharges, a variance may be granted. The following must be met prior to consideration of a variance request. If there is: (1) No change to the rate, volume or concentration of runoff; (2) No negative impact on any wetland, watercourse, or waterbody; (3) No degradation of water quality; and (4) No increase in base flood elevation within the special flood hazard area based on National Flood Insurance Program maps. Sec. 16 -070. Variance procedures. (a) All requests for a variance shall be submitted in writing to the director and shall state the specific variance requested, with supporting data, and reasons why a variance should be granted. (b) The stormwater management director will conduct a review and render a decision within ten working days of receiving the request. Sec. 16 -080. Inspections. The Department may inspect, survey, and monitor any stormwater facility, public or private, for reasons including but not limited to the following: (1) To ensure compliance with an accepted stormwater management plan; (2) To conduct sampling of any substance or parameters at any location; (3) To investigate suspicious discharges including illicit connections and spills; (4) To ensure all stormwater facilities are operational to the maximum extent practicable. Sec. 16 -090. Powers and authority of inspectors. The Director or other employees of the city bearing proper identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, testing. The city reserves the right to perform emergency repairs or maintenance to any portion of any stormwater system, public or private, when the stormwater system impacts a public stormwater system. Sec. 16 -100. Discharge violation; remediation plan. (a) Whenever the director or his designee finds that any person has violated or is violating this chapter, he shall serve upon such person a written notice stating the nature of the violation, notice to cease all activities in violation of this chapter, and the potential penalty involved. 6 (b) Upon determination that a violation of this chapter has occurred, a formal notice of violation shall be sent to the person from the director of stormwater management within five working days. (c) Upon receipt of notice of violation, the person shall submit a remediation schedule to the director within ten working days. All corrective measures shall be completed within 30 days of the initial notice of violation. Sec. 16 -110. Emergency conditions. If a condition presents an immediate danger to the public health, safety, or general welfare because of unsafe conditions or improper maintenance, the city shall have the right, should the owner not take immediate action, to make necessary corrections to protect the public and to make the facility safe at the expense of the responsible person. Sec. 16 -120. Enforcement. Enforcement of this chapter is final unless the person submits a written request for a hearing within ten days of the notice of violation being served. (Ord. of 12 -7- 1995(1), 1) Sec. 16 -130. Appeals. (a) Any person aggrieved by a decision of the director may appeal same by filing a written notice with the director within ten working days of the action by the director. A notice of appeal shall state the specific reasons why the action of the director has adversely affected the person. (b) The director shall prepare and send to the appellant a written response within ten working days of receipt of the appeal. (c) Shall the appellant be dissatisfied, an appeal with the city manager may be requested within ten working days. The hearing shall be held within 30 days after receipt or on a date mutually agreed upon by the appellant and the city manager. The city manager shall then make his findings in writing within ten working days of the appeal hearing. Sec. 16 -140. Penalty; costs. Any person who is found to have willfully and negligently failed to comply with any provision of this chapter, and the orders, rules, and regulations issued hereunder, shall be subject to a penalty not to exceed $1,000.00 or imprisonment or both. Each day in which a violation shall occur or continue to occur shall be deemed a separate and distinct offense. In addition to the penalties provided in this section, any person violating any provision of this article shall become liable to the city for any expense, loss, or damage incurred by the city by reason of such violation. ARTICLE B. STORMWATER MANAGEMENT FOR DEVELOPMENT ACTIVITIES Sec. 16 -150. Exemptions from stormwater management plan submittal. The following development activities are exempt from stormwater management plan submittal: (1) Mining operations or oil and gas exploration, production, processing or treatment operations or transmission facilities, provided the stormwater runoff from these operations is composed entirely of flows which are from conveyances or systems of conveyances used for collecting and conveying precipitation runoff and which are not contaminated by contact with or that has not 7 come into contact with any overburden, raw material, intermediate products, finished product or byproduct located on the site of such operations; (2) Minor development activities such as home gardens and individual home landscaping, individual residential repairs, individual residential maintenance work, and other individual residential activities which result in minor soil erosion as determined by the director; (3) Agricultural practices; Sec. 16 -160. Stormwater management plan requirements. A stormwater management plan shall include as a minimum the following: (1) Site plan which conforms to all pertinent provisions of the subdivision regulation ordinance; (2) Soil erosion/sediment control plan; (3) Drainage report. The drainage report will contain a narrative that discusses pre- and post development conditions and impacts for all upstream and downstream stormwater management facilities. The report shall include a site location plan, a detailed site plan for both the pre- and post development conditions, pre- and post development watershed boundaries, and all runoff and drainage system design calculations for the proposed development for the one five ten and 25 -year 24 -hour storms. Drainage calculations shall be performed using methods accepted by the director, as specified in the stormwater management guideline for private development activities. (4) For development activities in the special flood hazard areas (zones A, V, AE, and VE on the latest Federal Emergency Management Agency/National Flood Insurance rate maps), areas that are known to have flooded repetitively, or areas where a hydrologic model predicts flooding will occur in the 100 -year, 24 -hour event, the developer must demonstrate that the 100 -year flood elevations will have no increase resulting from development activity. Sec. 16 -170. Stormwater management plan acceptance. (a) Unless the development is specifically exempted in section 16 -150 from requiring a stormwater management plan, any person planning a development shall submit to the permit center, three copies of a stormwater management plan for review and acceptance. (b) All stormwater management plans shall be reviewed by the director or designated representative, based on the requirements of this chapter and all federal and state requirements. Plans may be accepted, rejected, or conditionally accepted pending modifications. (c) Acceptance of a stormwater management plan will be acknowledged by a response from the director or his designated representative and will be valid for one year. Acceptance of a plan is solely an acknowledgment of satisfactory compliance with the requirements of these pertinent regulations and does not constitute a representation or warranty to the applicant or any other person concerning the safety, appropriateness, comprehensiveness, or effectiveness of any provision or omission from the stormwater management plan. Sec. 16 -180. Requirements and procedures for modifications and renewals of accepted stormwater management plans. (a) If construction does not begin within one year after stormwater management plan acceptance, it will be necessary to renew the acceptance of the stormwater management plan. (b) All requests for modifications and renewals shall be submitted in writing to the director and shall include justification for the request. The director or his designated representative shall review and make a determination on the request within ten working days. (c) Acceptance of a stormwater management plan will be acknowledged by a response from the director or his designated representative and will be valid for one year. Acceptance of a plan is 8 solely an acknowledgment of satisfactory compliance with the requirements of these pertinent regulations and does not constitute a representation or warranty to the applicant or any other person concerning the safety, appropriateness, comprehensive, or effectiveness of any provision or omission from the stormwater management plan. Sec. 16 -190. Minimum stormwater system design standards. (a) There shall be no increase in the base flood elevation within the special flood hazard area (SFHA), as delineated by the latest National Flood Insurance Program (NFIP) maps, or in any areas that are known to have flooded repetitively, or areas where a hydrologic model predicts flooding will occur in the 100 -year, 24 -hour event. Where hydrologic model results are conflicting, the stormwater management director shall decide which model will be used. (b) Finished floor elevations for structures not included in the special flood hazard area shall be equal to or higher than that shown on the original subdivision plat or neighborhood grading and drainage plan or as determined by a registered civil engineer. (c) The post- development peak rate of runoff cannot exceed the predevelopment peak rate of runoff for the one five ten and 25 -year 24 hour events. Exception to this requirement shall be made for single family homes provided that post development run -off does not exceed 1 cubic feet per second (CFS). Exception shall also be made for single family lots that lie within a subdivision with an approved drainage plan. (d) In all submittals, if drainage calculations indicate that post development runoff will exceed predevelopment runoff, then on -site detention for the one five ten and 25 -year 24 -hour events is required at a discharge rate equal to or less than the pre developed 24 -hour peak rate of discharge for all storm events from the one five ten and including the 25 -year event, or the capacity of the existing downstream conveyance system must be upgraded in capacity to accommodate the additional 25 -year, 24 -hour discharge generated by the new development. On projects that lie within drainage basins for which the City believes to have insufficient outfall or has knowledge of flooding that would be intensified by the proposed development, the 50- and 100 -year events will also be considered in the drainage and drainage calculations. Where outfall is not existing or feasible, the City may allow retention. Storm water management by retention will be for all events up to and including the 100 -year storm. (e) Drainage easements. The width and configuration requirements of drainage and maintenance easements /rights -of -way are listed in section 2.30 of the Stormwater Management Guide for Private Development. ARTICLE C. STORMWATER QUALITY Sec. 16 -200. Exemptions. The following discharges are exempt from the discharge limitations set forth in section 4 -11028 of this chapter: (1) Water line flushing and other discharges from potable water sources; (2) Landscape irrigation and lawn watering; (3) Irrigation water; (4) Diverted stream flows; (5) Rising groundwaters; (6) Infiltration to separate storm drains; (7) Uncontaminated pumped groundwater; (8) Foundation and footing drains; (9) Water from crawl space pumps; 9 (10) Air conditioning condensation; (11) Springs; (12) Individual residential car washing; (13) Snowmelt; (14) Flows from riparian habitats and wetlands; (15) Dechlorinated swimming pool discharges; (16) Flows from firefighting. Sec. 16 -210. Stormwater discharge limitations. Discharges to the city's separate stormwater system shall, to the maximum extent practicable, not create a nuisance, cause interference with the legitimate use of city separate stormwater system, and shall not create the following conditions: (1) Foam or floating, suspended or deposited macroscopic particulate matter; (2) Bottom deposits or aquatic growth; (3) Alteration of temperature, turbidity, or apparent color beyond present natural background levels; (4) Visible, floating, suspended, or deposited oil, grease, or any products of petroleum origin; (5) Toxic or deleterious substances to be present in concentrations or quantities which will cause harmful effects on aquatic biota, wildlife, or waterfowl, or which render any of these unfit for human consumption either at levels created in the receiving waters or as a result of biological concentration. (Ord. of 12- 7- 1995(1), 1) Sec. 16 -220. Accidental discharge reporting requirements. In the event of an accidental discharge to the city's separate stormwater system of any material or substance other than stormwater runoff or those discharges specifically excluded in section 16- 200, the stormwater department shall be contacted immediately of the nature, quantity and time of occurrence of the discharge. The responsible party shall take immediate steps to contain, treat or to otherwise minimize effects of the discharge on the city's system and receiving streams. Immediate steps shall be taken to ensure no recurrence of the discharge. A written report addressed to the director of stormwater management detailing the date, time, cause, quantity, and characteristics of the discharge and the corrective and preventative actions taken will be sent to the director within five working days of the incident. Sec. 16 -230. Industrial/commercial activities. (a) Any industry that discharges directly into the City of Tybee Island separate stormwater system and is required to obtain an individual NPDES permit is required to submit a copy of the NPDES permit and EPA form 2F or any that supersede it to the director. Additionally a site plan with drainage system and type and amount of discharge shall be included with the submittal. (b) Any industrial or commercial activity not required to obtain an individual NPDES permit as defined by the Standard Industrial Codes (SIC) in 40 CFR 122, 123, and 124 but discharges stormwater to the city separate stormwater system is required to submit to the director the type of industrial/commercial activity, type of discharge, a site map with internal drainage system, and point of connection or discharge to the city separate stormwater system. It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island, 10 Georgia, and the sections of this ordinance may be renumbered if necessary to accomplish such intention. This Ordinance shall become effective on day of j a I, 2009. ADOPTED THIS -.(a DAY OF Feb -u arr, 2009. OR ATTEST: UL:Cat- CLERK OF COUNCIL FIRST READING: L 112109 SECOND READING: 212_6 1c q ENACTED: 2. -12,4e /O/ G./E MH/TYBEE/ORDINANCES/2009 /05 -2009 Stormwater Management 02.05.09 11