§ 10.16.03. Stormwater concept and plan.

A.

Performance standards and design criteria.

1.

The city stormwater management manual as adopted by the ordinance from which this section is derived shall be the source for design criteria and performance standards with respect to stormwater management.

2.

Stormwater concept and stormwater management plans and design reports that are incidental to the overall or ongoing site design shall be prepared and certified by an engineer, landscape architect or a soil and erosion control specialist with sufficient training and education in erosion control prevention and with approval by the administration authority. In addition the person preparing and certifying the plans and reports must verify that the plans have been designed in accordance with this chapter and the standards and criteria stated or referred to in this chapter.

B.

Stormwater management permit. The stormwater management permit does not authorize:

1.

Discharges mixed with sources of non-stormwater unless the non-stormwater discharges are determined not to be a significant contributor of pollutants as defined in Part VII of the Arkansas General Permit No. ARR040000 to waters of the United States;

2.

Stormwater discharges associated with industrial activity as defined in 40 CFR 122.26(b)(14)(i)—(ix) and (xi) except as allowed under Part I.B.2.b;

3.

Stormwater discharges associated with construction activity as defined in 40 CFR 122.26(b)(14)(x) or 40 CFR 122.26(b)(15) except as allowed under Part I.B.2.a;

4.

Stormwater discharges currently covered under an individual or other general NPDES permit;

5.

Stormwater discharges whose direct, indirect, interrelated, interconnected, or interdependent impacts would jeopardize a listed endangered or threatened species or adversely modify designated critical habitat as defined by the U.S. Fish & Wildlife Services (USF&WS). http://endangered.fws.gov/;

6.

Stormwater discharges or implementation of the stormwater management plan, which adversely affect properties listed or eligible for listing in the national register of historic places, unless in compliance with requirements of the national historic preservation act and any necessary activities have been coordinated to avoid or minimize impacts with the appropriate state historic preservation officer;

7.

Stormwater discharges that will cause or contribute to non-attainment of water quality standards, including failure to protect and maintain existing designated uses of receiving waters. ADEQ may require an application for an individual NPDES permit to authorize discharges of stormwater from any activity that ADEQ determines to cause or makes a contribution to exceed a water quality standard or that ADEQ determines to cause or contribute to the loss of a designated use of receiving waters.

8.

Stormwater discharges which are prohibited for permitting in 40 CFR 122.4 of the federal regulation.

C.

Stormwater submittal requirements.

1.

Large, medium and small construction sites as described [herein] are required to submit the following documents prior to any earth moving activities:

a.

Stormwater management plan.

b.

Stormwater pollution prevention plan (SWPPP).

c.

Stormwater detention/retention plan (include maintenance plan).

d.

A copy of the approved ADEQ NPDES permit.

2.

Special construction sites as described below are required to perform the following prior to any earth moving activities;

a.

Post on-site stormwater construction notice.

b.

Develop stormwater pollution prevention plan (SWPPP).

c.

Submit copy of SWPPP to city prior to construction for review.

d.

Use best management practices (BMPs) to reduce runoff.

e.

Maintain SWPPP on-site and inspect stormwater controls weekly.

f.

Remove all unnecessary BMPs after final stabilization.

g.

Maintain a solid waste dumpster located at the site to properly dispose of building materials and solid waste.

3.

Construction sites are defined as follows:

a.

Large construction sites include any construction sites that will result in the disturbance (e.g., clearing, grading, excavating, etc.) of five or more acres of total land area.

b.

Small construction sites include any construction activity that will result in the disturbance (e.g., clearing, grading, excavating, etc.) of greater than or equal to one-acre and less than five acres of total land area or less than one-acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb one-acre or more, but less than five acres.

Any new commercial construction sites under one-acre which include construction activity that will result in the disturbance (e.g., clearing, grading, excavating, etc.) regardless of size for commercial purposes will meet the requirements of a small construction site.

c.

Special construction sites. Any construction activity that meets the following definition:

(1)

Any construction activity (e.g., clearing, grading, excavating, etc.) less than one-acre of land with the potential to pollute, which is adjacent to any lake, stream, tributary, creek or other flowing body of water.

(2)

Road, pipeline, and utility maintenance activities are not regulated under this permit unless one or more acres of underlying and/or surrounding soil are cleared, graded or excavated as part of the operation.

(3)

Road, pipeline and utility maintenance activities are regulated when bordering lakes or streams under either the small, medium or large construction site category.

D.

Stormwater and urban runoff pollution control.

1.

Illegal dumping/disposal. No person shall throw, deposit, place, leave, maintain, or keep or permit to be thrown, placed, left, maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles, or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or drainage structure, business place, or upon any public or private plot of land in the city, so that the same might be or become a pollutant, except in containers, recycling bags, or other lawfully established waste disposal facility.

2.

Disposal in storm sewer. No person shall intentionally dispose of grass, leaves, dirt, or other landscape debris into a water resource buffer, street road, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, storm drain or any fabricated natural conveyance.

3.

Illicit discharges and connections. No person shall cause any illicit discharge to enter the municipal stormwater system unless such discharge:

a.

Consists of non-stormwater that is authorized by an NPDES point source permit; or

b.

Is associated with fire fighting activities.

4.

Storage of materials, machinery and equipment. Objects, such as motor vehicles including parts, containing grease, oil or other hazardous substances, and unsealed receptacles containing hazardous materials, shall not be stored in areas susceptible to runoff as is prohibited in areas identified by FEMA as designated floodplain areas identified on current FEMA FIRM maps. Any machinery or equipment that is to be repaired or maintained in areas susceptible to runoff shall be placed in a confined area to contain leaks, spills or discharges.

5.

Removal of debris and residue. Debris and residue shall be removed as noted: fuel and chemical residue or other types of potentially harmful material, such as animal waste, garbage or batteries, which is located in an area susceptible to runoff, shall be removed as soon as possible and disposed of properly and in compliance with all applicable federal, state, and local laws and regulations.

6.

Non-stormwater discharges. All discharges covered by this NPDES permit shall be composed entirely of stormwater except the following non-stormwater discharges that are combined with stormwater may be authorized by this permit:

a.

Discharges from fire fighting activities; fire hydrant flushings; water used to wash vehicles or control dust; potable water sources including uncontaminated waterline flushings; irrigation drainage; routine external building wash down which does not use detergents; pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled materials have been removed) and where detergents are not used; uncontaminated air conditioning or compressor condensate; uncontaminated springs; uncontaminated ground water; foundation or footing drains where flows are not contaminated with process materials such as solvents; and uncontaminated excavations dewatering.

b.

Except as described in subsection D.6.a., discharges of material other than stormwater must be in compliance with an individual NPDES permit issued for the discharge.

7.

Good housekeeping provisions. Any owner or occupant of property within the city shall comply with the following good housekeeping requirements:

a.

Discharges. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste in an area where discharge to streets or storm drain system may occur. This section shall apply to both actual and potential discharges.

b.

All large, medium small and special construction sites must have solid waste dumpsters located at the site to properly dispose of building materials and solid waste.

8.

Construction site stormwater runoff control. Any owner, developer or occupant of property within the city shall install and maintain erosion and sediment controls during land disturbing activities in order to reduce pollutants from stormwater from entering waterways.

9.

[Post-construction stormwater runoff control.] Any owner, developer or occupant of property within the city shall maintain erosion and sediment controls and maintain necessary best management practices, post construction, up to the point that:

a.

Sustained stabilization has been achieved.

b.

All construction-phase, stormwater pollution prevention requirements stated in this section have been followed and completed to reduce pollutants from entering waterways.

10.

Runoff. Runoff of water from residential property shall be minimized to the maximum extent practicable. Runoff of water from the washing down of paved areas in commercial or industrial property is prohibited unless necessary for health or safety purposes and not in violation of any federal, state, or local laws or regulations.

E.

Stormwater management manual.

1.

Stormwater management manual. To assist in the design and evaluation of stormwater management facilities in the city, a stormwater management manual is hereby adopted. This manual contains the submittal requirements for development within the city. The required submittal documents prior to earthmoving activities within the city, which are addressed in the manual, are:

a.

Stormwater management plan.

b.

Stormwater pollution prevention plan.

c.

Detention/retention plan (include maintenance plan).

2.

Design. The city will allow the use of the following software for the analysis of stormwater detention facilities: Pond 2, HEC-1, HEC-HMS or an acceptable equal approved by the administrative authority.

3.

Hydraulic design data. Stormwater detention pond outlets shall be designed to limit the peak stormwater discharge rate of the two, ten (10), twenty-five (25), fifty (50), and one hundred (100) year storm frequencies after development to pre-development rates. The principal outlet will be designed to safely convey the runoff resulting from a twenty-five (25) year event chance storm. A second outlet, the emergency outlet, will be designed to safely convey the runoff resulting from a one hundred (100) year event storm.

4.

All private systems must be designed to discharge at pre-developed rates unless approved by the administrative authority. New stormwater drainage systems cannot tie into existing systems of lesser capacity. In other words, a larger pipe cannot discharge into a smaller pipe of lesser capacity.

F.

Permits and fees required.

1.

A stormwater management permit will be required for construction site activities and those activities associated with excavation, filling, grading and removal of trees or surface vegetation unless otherwise exempt by this chapter. The permit application and required submittal documents, when applicable, shall include a copy of permit coverage for medium or large construction sites issued from the Arkansas Department of Environmental Quality (ADEQ). Approvals shall be secured per size of development from the city and ADEQ, as applicable prior to starting any clearing or earth work. It is the developer's responsibility to determine if other permits are required and to secure them.

2.

Permit requirements. The following permit requirements must be met:

a.

No final occupancy permit shall be issued without the following:

(1)

Recorded easements for stormwater management facilities.

(2)

Receipt of an as-built plan which includes a certification of the storm drainage system.

b.

No site grading permit shall be issued or modified without the following:

(1)

Right-of-entry for emergency maintenance, if necessary.

(2)

Right-of-entry for inspections.

(3)

Any off-site easements needed.

(4)

An approved stormwater management plan.

3.

The approved stormwater management plan shall contain certification by the applicant that all land clearing, construction, development and drainage will be done according to the stormwater management plan or previously approved revisions. Any and all site grading permits may be revoked at any time if the construction of stormwater management facilities is not in strict accordance with approved plans.

4.

In addition to the plans and permits required from the city, applicants shall obtain all state and federal permits for the proposed development. The applicant shall also be responsible for determining the existence and limits of any wetlands and/or floodways as may be applicable, and be responsible for securing permits and approvals from the U.S. Army Corps of Engineers and Federal Emergency Management Agency as required.

5.

Permit fees. The permit and rates associated with the implementation of this ordinance from which this section is derived will be based on the disturbance of land as stated in this chapter. Such fees shall be established by resolution of the city council.

6.

Triple fees. A triple fee penalty may be imposed on the original cost of the permit if land disturbance activities occur prior to receiving approval from the administrative authority.

G.

Exemptions.

1.

Any land-disturbing activity with the potential to pollute less than one-acre within one hundred (100) feet of a stream or a lake is not exempt from this chapter.

2.

The following activities are exempt from requirements of this chapter:

a.

Land use for agricultural purpose.

b.

Land where timber extraction takes place, provided that it is to be reseeded as timber land.

c.

Construction activity on an area less than one-acre that is not adjacent to a stream or lake and not for commercial use.

d.

Existing commercial and industrial structures where additional structural improvements are less than five hundred (500) square feet.

e.

Maintenance or clearing activity that does not change or affect the quality, rate, volume, or location or stormwater flows on the site, or runoff from the site.

f.

Any activity directly related to the planting, growing and harvesting of agricultural crops.

g.

Action taken under emergency conditions, either to prevent imminent harm or danger to persons, or to protect property from imminent danger of fire, violent storms or other hazards.

H.

Permit conditions, application and processing.

1.

Permit conditions. Each permit issued shall be subject to the following conditions:

a.

Area. The development, including associated construction, shall be conducted only within the area specified in the approved permit.

b.

Execution. Activities requiring a stormwater management permit shall not commence until the permit is in the possession of the permittee. The approved permit shall be on file with the administrative authority and a copy on file with the contractor at the project site, and available for review and inspection upon request.

(1)

The plan shall be implemented prior to the start of any land disturbing activity and shall be maintained over the duration of the project. Stormwater components of the plan shall be maintained in perpetuity.

(2)

The permittee is responsible for successful completion of the erosion control plan and the stormwater management plan. The permittee shall be liable for all costs incurred, including environmental restoration costs, resulting from non-compliance with an approved plan.

(3)

Application for a permit shall constitute express permission by the permittee and landowner for the local approval authority to enter the property for purposes of inspection or curative action. The application form shall contain a prominent provision advising the applicant and landowner of this requirement/permission.

(4)

All incidental mud-tracking off-site onto adjacent thoroughfares shall be cleaned up and removed by the end of each working day using proper disposal methods, which are in compliance with all applicable federal, state, and local laws and regulations.

c.

Inspections. A schedule of inspections to be carried out during the construction phase of permitting shall be established by the Administrative Authority as a condition to the permit:

(1)

Application for a permit under this chapter shall constitute permission by the applicant and landowner for the local approval authority to enter upon the property and inspect during the construction phase prior to the inspections pursuant to subsection D. and E., as necessary to confirm compliance with the requirements of this chapter.

(2)

Applicant and landowner for the local approval authority to enter upon the property and inspect during the construction phase prior to the inspections as necessary to confirm compliance with the requirement of this chapter.

(3)

As part of the plan approval process, the administrative authority shall determine the minimum number of inspections required to assure compliance. The site of any regulated land disturbing activity should be inspected once every thirty (30) days, or more frequently as determined by the administrative authority during the construction phase.

(4)

The permittee shall notify the administrative authority before construction activity begins.

(5)

The administrative authority shall inspect the property to verify compliance with the erosion control plan within ten (10) days of notification of soil stabilization.

d.

Duration.

(1)

Unless revoked or otherwise modified, the duration of a stormwater management permit issued pursuant to this chapter shall be one-year.

(2)

If the permitted project discharge structure is not completed prior to expiration, the stormwater management permit duration can be extended, upon written request, to cover the project duration, subject to written approval of the administrative authority.

e.

Maintenance. Maintenance activities, as specified in the approved maintenance plan, shall be executed routinely, with scheduled reporting documents kept current, stored on the project site, and available for review and inspection upon request.

f.

Modifications. If the activity authorized by the permit is not completed according to the approved schedule and permit conditions, the administrative authority shall be notified. For revisions resulting in a schedule extension of more than thirty (30) days, or if deviations from the permit conditions are expected to occur, approval of a permit modification is required by the administrative authority.

g.

Transfer. No transfer, assignment or sale of the rights granted by virtue of an approved permit shall be made without prior written approval from the administrative authority.

h.

Special. Any additional special conditions, as deemed appropriate by the administrative authority, shall be established to address specific project needs or circumstances.

2.

Permit application. A storm water permit application shall be submitted to the administrative authority using appropriate forms as provided. A permit application shall contain sufficient information and plans to allow the administrative authority to determine whether the project complies with the requirements of this chapter. The specific items to be submitted for a permit application shall be in the form and follow the procedures as described in the stormwater management manual and this chapter.

3.

Approval process.

a.

The administrative authority shall verify that the permit application is complete and in accordance with this chapter.

b.

Within the time frame set by the administrative authority, plan review staff shall either approve the submitted plan or notify the applicant of any deficiencies.

c.

The administrative authority shall notify the applicant in writing of any deficiency in the proposed plan and the applicant shall be given an opportunity to correct any deficiency.

c.

Upon approval of the administrative authority, the stormwater management permit shall be issued by the administrative authority after the applicant has met all other requirements of this chapter.

( Ord. No. 2011-28, § 2 ; Ord. No. 2013-05, § 1, 6-27-2013 )