HomeMy Public PortalAboutOrdinances-2012-313 CITY OF TIFFIN ORDINANCE NO. 2012-313 `
AN ORDINANCE REGARDING POST-CONSTRUCTION STORM WATER RUNOFF
CONTROL
BE•-IT ENACTED,BY THE CITY COUNCIL OF TIFFIN, IOWA:, ,,,
Section 1: Purpose. It is the purpose of this ordinance to:
1. Protect, maintain, and enhance the environment of the•City and the public health,
-safety, and general;welfare of they public-by adopting as'the.City's 'standards, the'-
i'guidelines established in the Iowa'Storm Water'Management Manual(hereinafter
referred to as the "standards") to manage the storm water runoff to improve water
quality and control the maximum rate of flow to-prevent downstream flooding; and
2. Enable the City to comply with the National Pollution Discharge Elimination
System Permit (NPDES) and applicable statutes and regulations for storm water
runoff through the following objectives:,
A. Minimize increases in storm water runoff from development within the City
limits and fringe a"reas•in order.to reduce flooding, siltation, increases in
stream temperature, and stream'bank erosion and maintain the integrity of
stream channels; p' r
B. Minimize increases in nonpoint pollution caused by storm water runoff from
development which would otherwise degrade local'water quality;
C. Minimize the total annual volume of surface'water runoff which flows from any
specific development project site after completion, to not exceed the pre-.
• development hydrologic regime to the,maximum extent practicable; L.
D. Reduce storm.water runoff rates and volumes, soil erosion, and nonpoint
source pollution, whenever possible, through establishment of appropriate
minimum storm water management standards and best management practices
(BMPs) and to ensure that BPMs are maintained and pose no threat to public
safety.
Section 2: Findings.
1. The United States Environmental'Agency's (EPA) National Pollutant Discharge
Elimination System (NPDES) permit program administered by the Iowa
Department of Natural Resources (IDNR) requires that'cities meeting certain
demographic and environmental criteria obtain from the IDNR ah NPDES permit
for the discharge of storm water from a Municipal Separate Storm Sewer System
(MS4) Permit. The City is subject to the NPDES permit program.
2. Land development and associated increases in impervious cover alter the
hydrologic response of local watersheds and increase storm water runoff rates and
volumes, flooding, stream channel erosion, and sediment transport and
" deposition; this storm water runoff contributes to increased-quantities of
waterborne pollutants; and storm water runoff, soil erosion, and nonpoint source
pollution can be controlled and minimized through the regulation of storm water
runoff from development sites.
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3. Therefore, the City establishes this set of City storm water standards applicable to
all surface water to provide for reasonable guidance for the regulation of storm
water runoff for the purpose of protecting local water resources from degradation.
•It is determined that the regulation of"storm"water runoff discharges from land
development and other construction activities in order to control and minimize
erosion, and nonpoint source pollution associated with storm water runoff, is in the
public interest and will prevent threats to public safety and welfare.
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4. The,determination of appropriate'minimum storm water management standards
and the development of effective best management practices to achieve those
standards require technical expertise that may not always:be readily available with
the City's own staff. Moreover, it is important that such standards and BMPs be
reasonably consistent across the State so that property.owners and developers
are not confronted with myriad variations depending on the location of the -
development. The Iowa Storm Water Management Manual, published
collaboratively by the Iowa Department of Natural Resources'and the Center for
Transportation Research and Education at Iowa.State University established
guidelines consisting of unified sizing criteria, stormwater management designs
and specifications, and BMPs. The.City hereby finds and declares;that the Iowa
Storm Water Management Manual-and future editions thereof, should be and is
hereby adopted as,the storm water management standards of the City. Any BMP
installation that complies with the provisions of the Iowa Storm Water"Management
Manual or future editions,thereof, at the time of installation of the BNMP will be
deemed to have been installed in accordance with'this ordinance.
Section 3: Applicability.
1. This ordinance is applicable to all land-disturbing activities greater than one acre
or part of a larger common plan of development. In addition, this ordinance also
applies to all applications for site plans or subdivisions that are,less than one acre,
and are commercial, industrial or.Tulti-family residential uses as defined by the
Tiffin Zoning Code, unless requirements of this ordinance have been met through
approved use of an off-site location.
2: Any development within a preliminarysor final plat approved prior to the adoption of
this ordinance will be deemed exempt from the requirements of this ordinance.
Re-subdivision of lots within an approved.platted area and amendments to plats
approved prior to the adoption of'this.ordinance must=conform to this ordinance,.
unless determined by the City to be minor in nature.
3. For developments where the runoff from up to and including the 100-year storm
event can be conveyed directly to local creeks without adverse impact to
intervening property, no overbank flood"protection control is required. In this case,
the developer must show by hydrograph analysis that the runoff from the
development`will arrive at local creeks sufficiently ahead of the peak flow'of the
local creeks so as not.to increase the peak flow of said creeks. Water quality
volume quality, channel protection volume, and treatment are not exempt:
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4. The following activities are exempt from this ordinance:
A. Any logging or agricultural activity which is consistent with an approved
soil conservation plan or a timber management plan approved by an
appropriate agency.'
B. Additions or modifications to single family homes •
C. Repairs to any storm water BMPs deemed necessary by the City.
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Section 4: Definitions. The following definitions apply'in this chapter. References to ,
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"sections" means references to sections in this chapter unless Otherwise specified:
Defined terms remain'the same whether capitalized or not capitalized.
1. "Applicant" means any individual, firm, corporation, association, partnership,
limited liability company, or any other business entity or proprietor of land that will
perform land-disturbing activity.
2. "Best management practices" (BMPs) means physical, structural;and, or `
managerial practices that,-when•used singly or in combination; control activities,
• including (but not limited to)site runoff, spillage and leaks, and waste disposal, and
prevent or reduce the discharge of pollutants directly or indirectly to the waters of ,.
the United States.`BMPs may include schedules of activities, prohibition of
w. practices, design`staridards, educational activities, and treatment requirements.
3. "Building" means any structure, either temporary or permanent, having walls and a
roof,-designed for the shelter of any-person, animal, or properly occupying over
100'square feet.' }.
4. "Building permit" means a permit issued pursuant to the Code of Ordinances:
5. "Channel protection storage volume" means providing 24-hour extended detention
of the one-year 24-hour storm event. If channel protection and water quality-
volumes share a common extended detention facility and outlet-structure, water
quality volume maybe included in the channel protection volume: . „
6. "City'storm water standards" means the guidelines provided for in the Iowa Storm -
' Water Management Manual and this chapter as amended: When conflict occurs
between the Iowa Storm Water Management Manual and this chapter,
requirements of this chapter shall will apply.
7. "Dedication" means the deliberate appropriation of property by its owner for
general public use.'• t
8. "Developer" means a person who undertakes land-disturbing'activities.
- 9. "Development" means either: -. -- = `'!
A: Land-disturbing activity one'acre or greater, or which is part of a larger
common plan of development; or` f
B. Any land-disturbing activity for any commercial, industrial, or multi-family
' residential'use as defined'by the City of Tiffin Zoning Code.
10."Drainage easement" means a legal right granted by a landowner, to a grantee for
the purposes of allowing use of private land for storm water management
purposes.
11-=lows-Storm=Water Management Manual=means,the manual=collaboratively
developed by the Iowa Department of Natural Resources (IDNR) and the Center
for_Transportation_Research and.Education.(CTRE).at.lowa_State_University that
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contains the sizing criteria, design and specification guidelines, and BMPs that
address storm water quality and quality management.
• 12."Land-disturbing activity" means any activity,that results in a movement of earth or
a change in the existing soil cover (both vegetative,and non-vegetative) or the
existing topography. Land-disturbing activity includes, but is not limited to,.
clearing, grading, filling, excavation or addition or replacement of impervious
surface. ,
13."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 in the land.._.... - - - ,. . . .- --
14."Maintenance agreement" means a legally recorded document that acts as a
property deed restriction;and which provides for the long-term maintenance of
BMPs.,. ,, ,,
15. Overbank flood protection volume" means providing discharge control such that
the post-development 100-year storm event,peak discharge does not exceed the
five-year pre-development peak discharge. If channel protection, water quality,
and overbank flood protection volumes share a common extended detention
facility and outlet structure, water quality and channel protection volumes may be
included in the overbank flood protection discharge control.
. 16."Responsible person" means an individual identified,in a permit issued by the City _
as the principal contact for communications regarding the permit.
17. Storm water" means any surface flow, runoff, and drainage consisting entirely of
water from any form of natural precipitation and resulting from such precipitation.
18."Storm water management",means the use of BMPs that are designed in
accordance with the City storm'water standards to reduce storm water runoff x
pollutant loads, discharge volumes, peak flow discharge,rates, and detrimental
changes in stream temperature that:affect water quality and habitat.
19."Storm Water Pollution Protection Plan" (SWPPP), means,a document,which
describes the best management practices and activities to be implemented by a
;person to identify sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to storm water, storm water conveyance
systems, and, or receiving waters of the United States to the maximum extent
practicable.
20."Storm water wet detention pond" means a constructed storm water detention
basin that has a permanent pool of water.-Minimum pool;depth must be ten feet for
at least 25% of the permanent pool area. Upon completion of the pond, the:owner
, must stock the pond with appropriate bass, bluegill, and catfish combination.
Owner may contact IDNR fisheries for fish stocking.
21."Water quality volume" means the storage needed to capture and treat the
w runoff from 90% of the average annual rainfall. For purposes of this ordinance,
_ ,the design rainfall depth for determining water quality volume,i
s 1.25 inches.
Section 5: Administration. The City Administrator'or designee will administer,
,. implement, and enforce the provisions of this ordinance. Any powers granted or duties
imposed upon the City may be delegated by the City to persons or entities acting in the
,, beneficial interest of or in the employ of the City. •
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Section 6: City Not Liable. Nothing contained in the ordinance shall will be construed to
create or form the basis of any liability onFthe part of the City, or its officers, employees, or
agents for any injury or damage resulting from the failure of responsible parties to comply
with the provisions of this ordinance or by reason or in consequence of any inspection,
notice, order, certificate; permission,.or.apprthial authorized or issued or done in
connection with the implementation or enforcement of this'ordinance, or by reason of any
action or inaction on the part of the City related in any manner to the enforcement of this
ordinance by its officers, employees or agents.
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Section 7: Permit Required.`No landowner r-ordeveloper will receive any construction .-
runoff permit, building permit, provisional use permit, conditional use'permit or special
exception permit without first meeting the requirements of this ordinance prior to .
commencing the proposed activity.
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Section 8: Storm Water Management Plan Required. No application for development •
subject to the provisions of this'ordinance will be accepted unless it includes a storm .
water management'plan detailing in concept hoW-runoff and associated Water quality
impacts resulting from the development will be controlled and managed.
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Section 9:'Storm Water Management Plan Requirements. The Storm Water
Management Plan or each development subject to this ordinance must: '
1. 'Be prepared by a-licensed professional-engineer.
2. Indicate whether storm water will be managed on-site or off-site and, if
on-site,Ahe general locationand type of BMPs,'rwith clear citation to the'
Iowa Storm Water Management Manual.
3. Include a signed and dated certification under"penalty of perjury by the ''
preparer of the storm water management plan that it'complies with all
of the requirements of this chapter and the Iowa Storm Water" .
Management Manual,•meets the'submittal requirements outlined in the
Iowa Storm Water Management Manual, is designed to achieve the ' -
City storm water standards, and that the City is entitled to rely upon the •
certification as due diligence on the part of the City.
4. Include a scaled map indicating the location of existing and proposed
buildings,'roads, parking areas, utilities, structural storm water
management'and sediment and erosion BMPs. `
5. Include a map showing the proposed land use with a tabulation of the
, percentage of surface areas to be adapted to various uses, drainage
. patterns,,location of utilities, roads, and easements and the limits of
clearing and grading. . .
6. Include a topographic base map;consisting of an appropriately scaled ` '
topographic base map`of the site which extends an appropriate
_ ,, distance beyond the limits of the proposed development and indicates
existing'surface water drainage, including (but not limited to) streams,
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ponds,—culverts;ditches-and-wetlands;'currentland-use-including all
existing structures; locations of utilities, roads, and easements and
significant natural and-manmade features-not-otherwise-shown. .
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7. Include hydrologic and hydraulic design calculations-for the
pre-development and post-development conditions for the design ,
storms specified in the Iowa Storm Water Management Manual. Such
.- calculations must include: , ., - ..
a. Description of the design storm frequency, intensity and duration;
b. Time of concentration; 7 F
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c. Data on the increase in rate and volume of runoff for the design ,
storms referenced in the Iowa Storm Water Management Manual;
d. Soil curve numbers or runoff coefficients; , ,, -
a _ - - e. Peak-runoff rates and total volumes for each watershed area; , --•--
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f Culvert capacities; -
g. Flow velocities; and f
h. Documentation of sources for all computation,methods and afield test
results. a ,
8. Include a soils report, if,a storm water BMP depends on the hydrologic properties of
soils. The soils report must be based on on-site boring drsoil pit,profiles. •`.
9. Include a'maintenance and repair plan for all storm water BMPs, including detailed
maintenance and repair procedures to ensure their continued efficient function. These
plans must identify the parts for components of a storm water BMP that need to be,
maintained and the equipment and skills or training necessary. Provisions for periodic
review and evaluation of the effectiveness of the.rr intenahce program and the need T
- -for revisions or additional maintenance procedures must be included in the plan.
10.Include a detailed landscaping plan for management of vegetation at the site after
construction is finished,.including the person responsible for the maintenance of _fr
vegetation at the site and what practices will,be employed to'ensure that adequate
s" vegetation cover is preserved, The plan.must be prepared,by a qualified individual
approved by the City, such as a registered landscape architect; wetland specialist,
licensed engineer, landscape designer or by the soil and water conservation district.
11.Include proof of permanent recorded maintenance easements that will ensure access
to all storm water BMPs at the site for the purpose of inspection and repair.
12. Include proof of permanent recorded maintenance agreements binding on all
subsequent landowners served by storm water BMPs to ensure maintenance and
repair in accordance with=the specifications of this chapter. L
' 13. Include copies of all other applicable environmental permits for the site.
14. Include any other information required by the City Engineer to ensure compliance with
the requirements of this ordinance.
Section 10: Compliance Required: Each development subject to;the requirements Hof this
chapter will comply with the City's mandate to improve storm water quality and manage
storm water quantity within the City. The developer is deemed to,have complied with the
City's mandate to improve storm water'quality and'manage storm water quantity if the
development: -
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1. Treats the water quality volume resulting from°a rainfall'depth=of 1.25 in
accordance with the City storm water standards:`, '
2. Provides channel protection storage volume'and extended detention in
accordance with the City storm water standards. + •F
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3. Provides`overbank flood protection in accordance with the City storm water
standards,
4. Provides an emergency overflow spillway (including one-foot freeboard)
and designated overflow route for extreme rainfall.events. The spillway
must be designed for the 100-year event and assuming the initial outlet
controls are completely blocked.
5. Provides storm water BMP facilities which are constructed and function in
accordance with the approved design. The property owner or applicant
must provide to the City an as-built plan detailing dimensions and
elevations as well as certification that the approved facilities were installed
and properly working. The as-built plan must be completed by an
Iowa-licensed professional engineer and submitted to the City prior to the
acceptance of any improvementor issuance of any certificates of
occupancy.
6. Provides for all BMPs selected to be utilized in each development to be
designed, constructed, and maintained as required by the City storm water
'standards.
Section 11: Maintenance and Repair of Storm Water BMPs.
1. The landowner or developer of every site subject to the provisions of this
chapter will be responsible for'maintaining as-built storm water BMPs in an
effective state as determined in the sole judgment of the City for 25 years after
completion of construction. -
2. Prior to the issuance of any permit for development involving any storm".
waterBMP, the landowner or developer must execute a storm water management
easement for each BMP in a form acceptable to the City. The easement-will r
provide for access to the BMP'by the City for periodic inspection. The easement
must be recorded at the expense-of the landowner or developer. -
3. Prior to the issuance of any development permit, the landowner or
developer must execute a storm water BMP maintenance agreement in a form
acceptable to the City that requires landowner or developer to`inspect and
maintain each storm water BMP for a period of 25 years. The Maintenance and
Repair Agreement must include but is not limited to the following:
A. Sediment Forebay: -
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1. Install depth marker and monitor sediment build-up:Monitor and
remove sediment after accumulation of 33% of original depth
2. Remove trash and debris as needed.
3. Inspect filter strip and re-seed or sod on a semi-annual basis.
4. Based on inspection, plant an alternative grass species if the-
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' ie original grass cover has not been successfully established.
B. Pond:
1. Prune and weed wildflower plantings as need. Inspect vegetation
on a semi-annual basis. Corrective measures may include
replanting any bare patches where vegetation has been
• unsuccessful or removed.
2. Inspect for damage to the embankment, repair undercut or
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eroded areas, mow side slopes and remove litter and debris.
3. Monitor sediment accumulation in the facility and remove
sediment when.the pond volume has been reduced by 25%.
4. Examine to ensure that the inlet and outlet devices are free of
debris and operational
C. Overflow Spillway :
1. Mow grass and maintain a height of 3-4 inches
2. Inspect vegetation on a semi-annual basis and remove and
-_ - -.- — replace if found dead or unhealthy. - -- ... - --
Inspect and correct grass alongside slopes for erosion'and
formation of rills, gullies, bank slumping and erosion.
4. Remove sediment, grass, weeds and debris from erosion
stone-rip-rap area on semi-annual basis.
In addition, the storm water BMP maintenance agreement must provide for
assessment against all owners of property in the development should the storm water
BMP not be maintained. In lieu of the assessment agreement, the landowner or
developer may submit a maintenance bond for a period of 25 years.
4. In the event that the responsible party fails to maintain the storm water
BMP, the City, upon 30 days written notice,may repair or cause to be repaired the storm
water BMP to its proper working condition. After completion of the repair, the City will
submit an invoice for the repair to the responsible party,who must pay said invoice within.
30 days. In the event that the invoice is not paid, the City will either certify the amount to
the County Treasurer for collection as contemplated in the storm water BMP
maintenance agreement to be collected in the same manner as ordinary taxes. When
applicable, the City may also commence proceedings against the surety for payment of
the expenses.
Section 12: Issuance of Permit. If the City Engineer on designee deems that he storm
water management plan meets the requirement of this ordinance, the City Engineer or
designee will notify the appropriate City officials that appropriate development permits
may be issued. However, this action by the City Engineer does not obviate the developer
from any of the additional requirement in this Code of Ordinances for the construction of a
development., .
Section 13: Denial of Permit. The City.may reject a storm water management plan that the
City Engineer believes does not meet the requirements of this ordinance. If a permit is
denied, the City or designee must state the reason for the denial in writing and return the
application to the applicant.
Section 14: Right of Entry. The City Engineer or other duly authorized employees or
contractors of the-City, bearing proper credentials and identification, must be
permitted to enter all'properties for the purposes of inspection, observation, and
monitoring compliance with the provisions of this ordinance.
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Section 15: Required Inspections for Storm Water BMPs . The City must, on occasion, as
determined by the City Engineer, inspect each storm water BMP to ensure that the storm
water BMP is working properly to achieve the goals of this ordinance. In the event a
storm water.BMP is not working correctly, the City must notify the landowner per Section
11 of this ordinance.
Section 16: Stop Work Order. When the City determines that any land-disturbing activity
regulated by this ordinance is being performed in a manner contrary to the provisions of
this ordinance, the City Engineer is authorized to issue a stop work order.
- 1. The stop work order must be in writing and will be served upon the owner of the
site, responsible person, or to the person violating the requirements of this
chapter. The stop work order must state'the reason for the order and the
conditions to be corrected prior to the lining of the stop work order.
2. Any person who continues any work after being served a stop work order, except
such-work as that person is ordered to perform to remove a violation or unsafe
condition &hall will be in violation of this ordinance.
Section 17: Fees.
1.. Prior to the approval of the storm water management plan, the applicant must
submit an application fee as adopted by resolution of the City Council.
2. The fees for review and inspection will be adopted by resolution of the City Council.
Section 18: Notice of Violation, Administrative Penalties. The City is hereby authorized to
issue municipal infractions, in accordance with Chapter 364.22 of the Code of Iowa, to
any person who violates a provision of this chapter; however, if the City determines that
immediate-enforcement action is necessary to achieve compliance with the requirements
of this ordinance, then the City may proceed under Section 20 below.
Section'.19:Misdemeanor and Municipal Infraction Penalties.
1. Any person who fails to perform an act required by this ordinance or who commits
an act prohibited by this ordinance or who resists the enforcement of any section of
this'ordinance will be guilty of a simple misdemeanor punishable by a fine or
imprisonment as provided in the Code of Ordinances and the Code of Iowa.
2. Any-person who fails to perform an act required by this ordinance or who commits
an act prohibited by this ordinance or who resists the enforcement,of any section
of this ordinance will be deemed to have committed a municipal infraction in
accordance with Chapter 3 of the Code of Ordinances.
Section.20: Nuisance. Any violation of this ordinance will be deemed to be a'public
nuisance injurious to the public health, safety, and welfare. The City Attorney, in addition
to the penalties in Sections,18 and 19 may,correct said violation as a nuisance pursuant
to Chapter 50 of this Code of Ordinances.
Section 21: Remedies Not Exclusive. The remedies provided in this ordinance and
otherwise in the Code of Ordinances are not exclusive, or in lieu of the rights and
remediesthaftheCity may have at law or in equity.
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Section 22: Appeals. Appeals will be heard by the Planning and Zoning Commission ,
following their procedures. 4,
Section 23: Repeater. All ordinances and parts of ordinances,in conflict with the
provisions of this ordinance are hereby repealed.
Section 24: Severability. If any section, provision or part of this ordinance will be
adjudged invalid or unconstitutional, such adjucation will not affect the validity of the
ordinance as a whole or any section,,provision,or part thereof not adjudged invalid or
unconstitutional. -
Section 25: Effective Date. This ordinance will be in effect after its final approval and
publication as required by.law.
On the 8th day of August 2012, at the Regular City Council meeting of the Tiffin, Iowa City
Council, Councilperson Weipert introduced Ordinance No. 2012-313 AN ORDINANCE
REGARDING POST-CONSTRUCTION STORM WATER RUNOFF CONTROL and
moved that it be given its first reading. The motion was seconded by Councilperson
Ryan.
Ayes:-Ryan, Bartels, Weipert, Ball, Upton,
Nays: none
Absent: none
Five members of the council being present and having voted "Aye", Mayor Steve Berner"
declared the motion carried and Ordinance No. 2012-313 AN ORDINANCE
REGARDING POST-CONSTRUCTION STORM WATER RUNOFF CONTROLwas
read the first time, discussed and placed on.record
On the 22nd day of August, 2012 at the Special City Council meeting of the Tiffin, City
Council, Councilperson Ryan introduced,Ordinance No. 2012-313 AN ORDINANCE
REGARDING POST-CONSTRUCTION STORM WATER RUNOFF CONTROL and
moved that it be given its second reading. The motion was seconded by Councilperson
Bartels.
Ayes: Upton, Bartels, Ryan
Nays: none
Absent: none E,
Three members of the council being present and having voted "Aye", Mayor Steve Berner
declared the motion carried and Ordinance No. 2012-313 AN ORDINANCE
REGARDING POST-CONSTRUCTION STORM WATER RU NOFF CONTROL was read
the second time, discussed and placed on record
On the 12th day'of September, 2012 at the Regular City Council meeting of the Tiffin, City
Council, Councilperson Ryan introduced Ordinance No. 2012-313•AN ORDINANCE
REGARDING POST-CONSTRUCTION STORM WATER RUNOFF CONTROL and
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_. �•-ter....-..-.--__r_.-..--�_.� .._�•._.--°-.____- -,__ - - �:rl, . _-s-�_ .. -v_�_ --
moved that it be given its second reading. The motion was seconded by Councilperson
Bartels.
Ayes: Upton, Bartels, Ryan
Nays: none
Absent: none
Three members of the council being present and having voted "Aye", Mayor Steve Berner
declared the motion carried and Ordinance No. 2012-313 AN ORDINANCE
REGARDING POST-CONSTRUCTION STORM WATER RUNOFF CONTROL was read
the third time, discussed and placed on record
Passed and adopted by the City Council on the 12th day of September, 2012.
CITY OF TIFFI •WA
\-0
ichon J'-*' on, City Administrator/Clerk Steve Berner, Mayor
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