CHAPTER 5.12:
Post-Construction Stormwater Runoff
Section
5.12.040 Responsibility for administration
5.12.060 Ultimate responsibility
5.12.070 Disclaimer of liability
5.12.080 Applicability and exemptions
5.12.090 General requirements for post-construction stormwater control
5.12.110 Site development permit
5.12.130 Responsibility of construction site owner after approval
5.12.150 Enforcement, appeals, remedies not exclusive, and penalties
5.12.010 INTRODUCTION/PURPOSE.
Land development projects and associated increases in impervious cover alter the hydrologic response of local watersheds and increase stormwater runoff rates, runoff volumes, flooding, stream channel erosion, and sediment transport and deposition. This stormwater runoff contributes to increased quantities of water-borne pollutants. Stormwater runoff, soil erosion, and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from development sites. Following the completion of construction activities, dust, dirt, erosion, and runoff from developed areas (parking lots, driveways, rooftops, roadways, etc.) will continue to affect the stormwater facilities and receiving streams unless post-construction practices are implemented during construction and are maintained in perpetuity.
This chapter establishes minimum stormwater management requirements and controls for the protection of general health, safety, and welfare of the public residing in watersheds within this jurisdiction. This chapter seeks to meet that purpose through the following objectives:
(A) Minimize increases in stormwater runoff from any development to reduce flooding, siltation, increases in stream temperature, and stream bank erosion and maintain the integrity of stream channels;
(B) Minimize increases in non-point source pollution caused by stormwater runoff from development which would otherwise degrade local water quality;
(C) Minimize the total annual volume of surface water runoff that flows from any specific site during and following development so as not to exceed the predevelopment hydrologic regime to the maximum extent practicable;
(D) Reduce stormwater runoff rates and volumes, soil erosion, and non-point source pollution, wherever possible, through stormwater management controls and ensure that these management controls are properly maintained and pose no threat to public safety.
Although the City of Southport is located within the City of Indianapolis, Marion County, it is a separate entity charged with establishing its own requirements concerning post-construction stormwater runoff control. This chapter is based upon and references the City of Indianapolis Stormwater Design and Construction Specifications Manual to promote county-wide uniformity as it relates to post-construction stormwater runoff control regulations. (Ord. 5.09, passed 2-19-2007; Am. Ord. 2024.03, passed 6-17-2024)
5.12.020 LEGAL AUTHORITY.
This chapter is adopted per statutory authority granted under the code authorizing jurisdiction over the storm system and is required by the National Pollution Discharge Elimination System (NPDES) program (FR Doc. 99-29181) authorized by the 1972 amendments to the Clean Water Act and the Indiana Department of Environmental Management’s (DEM) Construction Stormwater General Permit (CSGP) and Municipal Separate Storm Sewer System (MS4) General Permit (MS4GP). Based on this authority and these requirements, this chapter regulates:
(A) Stormwater drainage improvements related to the development of lands located within the corporate boundaries of the City.
(B) Drainage control systems installed during new construction and grading of lots and other parcels of land.
(C) The design, construction, and maintenance of stormwater drainage facilities and systems.
(D) The design, construction, and maintenance of stormwater quality facilities and systems. (Ord. 2024.03, passed 6-17-2024)
5.12.030 DEFINITIONS.
APPLICANT. Property owner or agent of a property owner who has applied for a site development permit.
BEST MANAGEMENT PRACTICES (BMPs). Structural measures (wetlands, ponds, sand filters, etc.), nonstructural measures (restrictive zoning, reduced impervious areas, etc.), or a combination of practices that are designed to function as effective, practicable means of minimizing the impacts of development and human activities on water quality and quantity.
BMP OWNER. Typically, the property owner. The BMP owner may also be the lessee of property in the case of long-term leases of commercial or industrial-zoned properties. The lessee is considered the BMP owner only if the lease specifically states that construction by the lessee must meet applicable local codes and regulations.
BUFFER STRIP. An existing, variable-width strip of vegetated land intended to protect water quality and terrestrial and aquatic habitat in an adjacent resource or area.
CHANNEL. A natural or artificial watercourse with a definite bed and banks that conduct continuously or periodically flowing water.
CITY. City of Southport, Indiana, and its employees or designees authorized to implement this chapter.
CITY OF INDIANAPOLIS STORMWATER DESIGN AND CONSTRUCTION SPECIFICATIONS MANUAL or CISWDCSM. The current stormwater document used by the City of Indianapolis and available from the City of Indianapolis Department of Public Works. Chapter 700, Stormwater Quality (graphassets.com).
CLASS V INJECTION WELL. A type of well, which typically has a depth greater than its largest surface dimension, that emplaces fluids into the subsurface and does not meet the definitions of Class I through Class IV wells as defined under 40 CFR 146.5. While the term includes specific examples described in 40 CFR 144.81, septic systems that serve more than one single-family dwelling or provide service for nondomestic waste, dug wells, bored wells, improved sinkholes, French drains, infiltration sumps, and infiltration galleries, it does not include surface impoundments, trenches, or ditches that are wider than they are deep.
CONSTRUCTION ACTIVITY. Land-disturbing activities and land-disturbing associated with the construction of infrastructure and structures. This term does not include routine ditch or road maintenance or minor landscaping projects.
CONSTRUCTION PLAN. A representation of an overall project, including infrastructure, project layout, and the stormwater pollution prevention plan.
CONSTRUCTION STORMWATER GENERAL PERMIT (CSGP). Indiana Department of Environmental Management’s Construction Stormwater General Permit (CSGP) regulates erosion and sediment control practices on construction projects disturbing greater than one acre of land.
DETENTION. The temporary storage of storm runoff in a stormwater management practice with the goals of controlling peak discharge rates and providing gravity settling of pollutants.
DETENTION FACILITY. A detention basin or alternative structure designed for temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates.
DEVELOPER. Any person who is financially responsible for construction activity or an owner of a property who sells or leases, or offers for sale or lease, any lots in a multiple-lot project.
EQUIVALENT. Producing or achieving similar results and performance.
EROSION. The detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity.
FILTER STRIP. An area of undisturbed or planted vegetation used to retard or collect sediment for the protection of watercourses, reservoirs, or adjacent properties.
FLOATABLE. Any liquid or solid that, due to its physical characteristics, will float on the surface of water. For this rule, the term does not include naturally occurring floatables, such as leaves or tree limbs.
GRADING. The excavation and filling of the land surface to a desired slope or elevation.
GREEN INFRASTRUCTURE. An approach to water management that protects, restores, or mimics the natural water cycle.
GROUND WATER. Such accumulations of underground water, natural or artificial, public and private, or parts thereof, which are wholly or partially within, flow through, or border upon this state. The term does not include manmade underground storage or conveyance structures.
IMPERVIOUS AREA. An area where the land surface has been altered in such a way that it decreases the amount of rainwater infiltration. Impervious surfaces include, but are not limited to, paved roads, paved driveways, rooftops, and parking lots.
INDIVIDUAL BUILDING LOT. A single parcel of land within a multi-parcel development.
INFILTRATION. The process of percolating stormwater into the subsoil.
INFILTRATION FACILITY. Any structure or device designed to infiltrate retained water into the subsurface. These facilities may be above grade or below grade.
INFILTRATION PRACTICES. Any structural system designed to facilitate the percolation of runoff through the soil to ground water. Examples include infiltration basins or trenches, dry wells, and porous pavement.
LAND DISTURBANCE ACTIVITY. Any manmade change of the land surface including, but not limited to, removing vegetative cover that exposes the underlying soil, excavating, filling, and grading.
LARGER COMMON PLAN OF DEVELOPMENT OR SALE. A plan, undertaken by a single project site owner or a group of project site owners acting in concert, to offer lots for sale or lease; where such land is contiguous or is known, designated, purchased, or advertised as a common unit or by a common name, such land must be presumed to be offered for sale or lease as part of a larger common plan. The term also includes phased or other construction activity by a single entity for its use.
LOW IMPACT DEVELOPMENT (LID). Systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration, or use of stormwater to protect water quality and associated aquatic habitat.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). A conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains that is:
(A) Owned or operated by a federal, state, city, town, county, district, association, or other public body (created by or under state law having jurisdiction over stormwater, including special districts under state law such as sewer district, flood control district, or drainage district, or similar entity, or a designated and approved management agency under Section 208 of the Clean Water Act (33 U.S.C. 1288) that discharges into waters of the state; or privately owned stormwater utility, hospital, university, or college having jurisdiction over stormwater that discharges into waters of the state;
(B) Designed or used for collecting or conveying stormwater;
(C) Not a combined sewer; and
(D) Not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT. A permit issued by the U.S. Environmental Protection Agency (USEPA) or by IDEM that authorizes the discharge of pollutants into waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
NON-POINT SOURCE POLLUTION. Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, mining, construction, subsurface disposal, and urban runoff sources.
OPEN SPACE. Any land area devoid of any disturbed or impervious surfaces created by industrial, commercial, residential, agricultural, or other manmade activities.
POLLUTANT OF CONCERN. Any pollutant that has been documented via analytical data as a cause of impairment in any waterbody, or to another MS4, to which the MS4 discharges.
POST-CONSTRUCTION RUNOFF CONTROL PLAN. A plan designed to permanently control the quantity of stormwater runoff, minimize erosion and sediment runoff, and reduce the migration of various pollutants from developed areas (e.g., parking lots, driveways, rooftops, etc.) upon completion of construction/reconstruction activities.
PROJECT SITE. The entire area on which construction activity is to be performed.
PROJECT SITE OWNER/OPERATOR. A developer or a person or entity that has financial and operational control of construction activities and project plans and specifications, including the authority to approve the expenditure of funds and the ability to make modifications to plans and specifications.
RECEIVING STREAM or RECEIVING WATER. A waterbody that receives a discharge from an outfall. The term does not include private drains, retention and detention basins, or constructed wetlands used as treatment.
RECHARGE. The replenishment of underground water reserves.
REDEVELOPMENT. Any construction, alteration, or improvement where structures are removed and/or replaced. Where the disturbance caused by redevelopment activities disturbs less than one acre, no post-construction runoff control plan shall be required.
RIPARIAN ZONE. The interface between land and a river or stream.
RUNOFF. Water that originates during a precipitation event and flows over the land rather than infiltrating into the ground or evaporating.
SEDIMENT. Solid material (both mineral and organic) that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the earth’s surface.
SENSITIVE AREA. A waterbody identified as needing priority protection or remediation based on:
(A) Having threatened or endangered species or their habitat;
(B) Usage as public surface water supply intake;
(C) Usage for full body contact recreation, such as bathing beaches; or
(D) Exceptional use classification as found in 327 IAC 2-1-11(b), outstanding state resource water classification as found in 327 IAC 2-1-2(3) and 327 IAC 2-1.5-19(b).
SITE. A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation.
SITE DEVELOPMENT PERMIT. A permit issued by the municipality for the construction or alteration of ground improvements and structures for the control of erosion, runoff, and grading.
SOIL. The unconsolidated mineral and organic material on the surface of the earth that serves as the natural medium for the growth of plants.
SOLID WASTE. Any garbage, refuse, sludge from a waste treatment plant, sludge from a water supply treatment plant, sludge from an air pollution control facility, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations or from community activities. The term does not include:
(A) Solid or dissolved material in domestic sewage, or irrigation return flows or industrial discharges, that are point sources subject to permits under section 402 of the Federal Water Pollution Control Act amendments (33 U.S.C. 1342);
(B) Source, special nuclear, or byproduct material (as defined by the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.));
(C) Manures or crop residues returned to the soil at the point of generation as fertilizers or soil conditioners as part of a total farm operation; or
(D) Vegetative matter at composting facilities registered under IC 13-20-10.
STORMWATER POLLUTION PREVENTION PLAN. A plan developed to minimize the impact of stormwater pollutants resulting from construction activities.
STORMWATER QUALITY MEASURE. A practice, or a combination of practices, to control or minimize pollutants associated with stormwater runoff.
STORMWATER RUNOFF. Flow on the surface of the ground, resulting from precipitation.
TREAT. Improving the stormwater runoff quality, reducing runoff volume, reducing peak flow, or any combination thereof.
TREATMENT TRAIN. More than one BMP in series treating stormwater runoff. Such configurations are necessary when BMPs individually cannot meet the 80% TSS reduction goal.
TSS. Total suspended solids.
VEGETATIVE PRACTICES. Utilizing various forms of vegetation to enhance pollutant removal, maintain and improve natural site hydrology, promote healthier habitats, and increase aesthetic appeal. Examples include, but are not limited to, grass swales, filter strips, buffer strips, constructed wetlands, and rain gardens.
WATERCOURSE. Any body of water, including, but not limited to, lakes, ponds, rivers, streams, and bodies of water delineated by the City.
WATER QUALITY VOLUME (WQv). The storage needed to capture and treat the runoff from the first one inch of rainfall. In numerical terms, it is equivalent to an inch of rainfall multiplied by the volumetric runoff coefficient and the site area. Refer to the City of Indianapolis Storm Water Design and Construction Specifications Manual for the equation and variable descriptions.
WATERSHED. The total drainage area contributing runoff to a single point.
WELLHEAD PROTECTION AREA. Having the meaning set forth at 327 IAC 8-4.1-1(27). (Ord. 5.09, passed 2-19-2007; Am. Ord. 2024.03, passed 6-17-2024. Formerly 5.12.020)
5.12.040 RESPONSIBILITY FOR ADMINISTRATION.
The City shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon authorized personnel may be delegated by the Mayor to persons or entities acting in the beneficial interest of or in the employ of the City. (Ord. 2024.03, passed 6-17-2024)
5.12.050 SEVERABILITY.
The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter. (Ord. 2024.03, passed 6-17-2024)
5.12.060 ULTIMATE RESPONSIBILITY.
The standards set forth herein and promulgated under this chapter are minimum standards; therefore, this chapter does not intend nor imply that compliance by any person will ensure that there will not be violations of NPDES permits. (Ord. 2024.03, passed 6-17-2024)
5.12.070 DISCLAIMER OF LIABILITY.
The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on historical records, engineering, and scientific methods of study. Larger storms may occur or stormwater runoff amounts or stormwater quality may be altered by manmade or natural causes. This chapter does not imply that land uses permitted will be free from stormwater damage. This chapter shall not create liability on the part of the City of Southport or any officer, representative, or employee thereof, for any damage which may result from reliance on this chapter or on any administrative decision lawfully made thereunder. (Ord. 2024.03, passed 6-17-2024)
5.12.080 APPLICABILITY AND EXEMPTIONS.
(A) Applicability.
(1) The requirements under this chapter are the same as Section 5.16.080(A).
(2) New public or private fueling areas or those that replace existing tank systems, regardless of tank size or total land disturbance, are required to install appropriate measures to reduce lead, copper, zinc, and polyaromatic hydrocarbons in stormwater runoff.
(B) Exemptions.
(1) The exemptions under this chapter are the same as Section 5.16.080(B).
(2) The requirements under this section do not apply to construction activities associated with a single-family residential dwelling disturbing less than one acre when the dwelling is not part of a larger common plan of development or sale, or individual building lots within a larger permitted project.
(3) The requirements under this section do not apply to the following activities, provided other applicable state permits contain provisions requiring immediate implementation of soil erosion control measures:
(a) Landfills that have been issued a certification of closure under 329 IAC 10.
(b) Coal mining activities permitted under IC 14-34.
(c) Municipal solid waste landfills that are accepting waste under a permit issued by the Department under 329 IAC 10 that contains equivalent stormwater requirements, including the expansion of the landfill boundaries and construction of new cells either within or outside the original solid waste permit boundary.
(C) The discharges authorized by this chapter are the same as Section 5.16.080(C). (Ord. 5.09, passed 2-19-2007; Am. Ord. 2024.03, passed 6-17-2024. Formerly 5.12.030)
5.12.090 GENERAL REQUIREMENTS FOR POST-CONSTRUCTION STORMWATER CONTROL.
(A) All post-construction stormwater quality and quantity control measures necessary to comply with this chapter must be implemented per the approved site development permit and sufficient to satisfy the requirements of the CSGP and CISWDCSM. Additional requirements include the following:
(1) Any fueling area, publicly or privately owned, that installs or replaces fuel tanks must install appropriate post-construction stormwater quality treatment measures to reduce lead, copper, zinc, and polyaromatic hydrocarbons in stormwater runoff. Treatment must include the water quality volume or flow rate.
(2) When using infiltration measures, take into consideration the pollutants associated with run-off and the potential to contaminate ground water resources. When there is a potential for contamination, choose alternative measures or measures that pretreat runoff to eliminate or reduce the pollutants of concern.
(3) Where there is a potential for ground water contamination, including in Wellhead Protection Areas, measures shall be implemented that pretreat the water quality volume or flow rate to eliminate or reduce the pollutants of concern including TSS and oil/grease at a minimum.
(4) Registration of any Class V injection well with EPA Region 5.
(B) The City may require the use of any storage, infiltration, filtering, and/or vegetative practices to reduce the impact of pollutants on stormwater runoff. Where appropriate, and to the extent of the MS4 operator’s authority, the planning procedures may also include the following:
(1) Buffer strip and riparian zone preservation.
(2) Filter strip creation.
(3) Minimization of land disturbance and surface imperviousness.
(4) Minimization of directly connected impervious areas.
(5) Maximization of open space.
(6) Directing the community’s growth away from sensitive areas and towards areas that can support growth without compromising water quality. (Ord. 2024.03, passed 6-17-2024)
5.12.100 DESIGN REQUIREMENTS.
Unless judged by the City to be exempt or granted a waiver, the following performance criteria shall be addressed for stormwater management at the applicable sites:
(A) All site designs shall establish stormwater management practices to control the peak flow rates of stormwater discharge associated with specified design storms and reduce the generation of stormwater. These practices should seek to utilize pervious areas for stormwater treatment and to infiltrate stormwater runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas to the maximum extent practical to provide treatment for both water quality and quantity.
(B) Annual ground water recharge rates shall be maintained by promoting infiltration using structural and nonstructural methods.
(C) BMPs must be capable of removing eighty percent (80%) of the TSS load from post-construction runoff. Constructed BMPs listed in Table 5.12.100.1 are approved to meet this requirement. For this requirement, TSS is defined as particles smaller than one hundred twenty-five (125) microns in diameter. Larger material is considered part of the total solids load of the stormwater runoff.
(D) BMPs shall incorporate floatables control to capture floating debris and remove it as part of the routine maintenance of the BMPs. Standalone BMPs must include floatables control. For BMP systems or treatment trains, at least one of the components of the BMP system, located after the last inflow point to the system, must provide control of floatables.
(E) Measures shall, at a minimum:
(1) Utilize one or more post-construction measures working in tandem to treat stormwater run-off and increase the overall efficiency of individual and specialized measures.
(2) In combination with proper post-construction measure selection, design and development strategies must be selected and incorporated into the plan to reduce the contribution of pollutants from the project area to the post-construction measures. These strategies include, but are not limited to:
(a) Low-impact development (LID) and green infrastructure.
(b) Infiltration measures, when selected, must take into consideration the pollutants associated with runoff and the potential to contaminate ground water resources. Where there is a potential for contamination, implement measures that pretreat runoff to eliminate or reduce the pollutants of concern. Infiltration practices will not be allowed in wellhead protection areas.
(F) In addition to TSS removal, BMPs must also be designed to treat the water quality volume (WQv), or the first flush of runoff. All new development projects requiring post-construction SWPPPs shall be required to treat the WQv. Redevelopment projects will be required to obtain a site development permit if the redevelopment activity disturbs more than one acre. Refer to the CISWDCSM for further details regarding the calculation of the WQv.
(G) The BMPs in Table 5.12.100.1 are acceptable for use in the City if designed, constructed, and maintained according to the criteria outlined in the CISWDCSM. It is presumed that these acceptable BMPs achieve a target TSS removal rate of 80% when correctly constructed and maintained.
(H) Should the developer/project site owner choose to implement a stormwater control device, method, or system not listed as one of the acceptable BMPs for the City, the developer/project site owner must provide proof that the stormwater control device, method, or system can achieve the target TSS removal rate of 80% when correctly constructed.
|
BMP Type |
Description |
Quality Control |
WQv and 80% TSS Removal |
Floatables Control |
|---|---|---|---|---|
|
Stormwater Ponds: Wet pond, wet extended detention pond, micropool extended pond, multiple pond systems |
Stormwater retention ponds are constructed stormwater retention basins with a permanent pool (or micropool) of water. Runoff from each rain event is captured and treated in the pool. |
Yes |
Yes |
Yes – with a floatable control BMP |
|
Stormwater Dry Pond |
Detention pond that holds water during rain events, but is designed to be completely empty. |
Yes |
No |
Yes – with floatable control BMP |
|
Stormwater Wetlands: Shallow wetlands, extended detention wetlands, pond/wetland systems, pocket wetlands |
Stormwater wetlands are constructed, artificial wetland systems used for stormwater management. They consist of a combination of shallow marsh areas, open water, and semi-wet areas above the permanent pool. |
Yes |
Yes |
Yes – with floatable control BMP |
|
Bioretention Areas and Rain Gardens |
Bioretention areas are shallow stormwater basins or landscaped areas that utilize engineered soils and vegetation to capture and treat stormwater runoff. |
No |
Yes |
Yes – with floatable control BMP |
|
Sand Filters: Surface sand filter, perimeter sand filter |
Sand filters are multi-chamber structures designed to treat stormwater runoff through filtration, using a sand bed as the primary filter media. |
No |
Yes |
Yes – with floatable control BMP |
|
Water Quality Swales: Dry swale |
Water quality swales are vegetated open channels that are designed and constructed to capture and treat stormwater runoff within dry cells. |
No |
Yes |
No |
|
Biofilters: Filter strip, grass channel |
While biofilters provide some filtering of stormwater runoff, by themselves they cannot meet the 80% TSS removal goal. These measures can only be used as pretreatment measures or as part of a treatment train. |
No |
No |
No |
(I) In addition to the requirements of this chapter, post-construction SWPPPs shall be developed per the City’s ordinance, the Indiana Stormwater Quality Manual, and the CISWDCSM to ensure that established water quality standards will be maintained during and after the development of the site and that post-construction runoff levels are consistent with any local and regional watershed plans. By reference, the following portions of the CISWDCSM are incorporated into this chapter:
|
CISWDCSM Section |
Topic |
|---|---|
|
101.01 |
Purpose |
|
102.06 |
Operations and Maintenance Manual |
|
701.02 |
Definitions |
|
701.02 |
Purpose and Background |
|
702.00 |
Structural Best Management Practices |
|
702.01 |
Innovative BMPs |
|
702.02 |
Stormwater Ponds (Includes Design Considerations and Operation, Maintenance, and Management Inspection Checklist) |
|
702.03 |
Stormwater Wetlands (Includes Design Considerations and Operation, Maintenance, and Management Inspection Checklist) |
|
702.04 |
Bioretention (Includes Design Considerations and Operation, Maintenance, and Management Inspection Checklist) |
|
702.05 |
Sand Filters (Includes Design Considerations and Operation, Maintenance, and Management Inspection Checklist) |
|
702.06 |
Dry Water Quality Swales (Includes Design Considerations and Operation, Maintenance, and Management Inspection Checklist) |
|
702.07 |
Biofilters (Includes Design Considerations and Operation, Maintenance, and Management Inspection Checklist) |
(Ord. 5.09, passed 2-19-2007; Am. Ord. 2024.03, passed 6-17-2024. Formerly 5.12.050)
5.12.110 SITE DEVELOPMENT PERMIT.
(A) No land-disturbing activity that would require the uncovering of one acre or more shall be initiated without a site development permit from the City. A site development permit will not be issued without the approval of all required documentation by the City.
(B) The owner or developer shall submit the site development permit application per Section 5.16.100 which includes the following:
(1) Post-construction SWPPP that includes all requirements identified in the City of Southport’s construction/stormwater pollution prevention plan technical review form and per the CSGP.
(2) Post-Construction Operation and Maintenance (O&M) Manual per CISWDCSM, Section 102.06, except for items 3 and 14.
(3) SWPPP and post-construction water quality BMP owner acknowledgement.
(4) Permit and inspection fees. (Ord. 2024.03, passed 6-17-2024)
5.12.120 REVIEW AND APPROVAL.
(A) The City will review each application for a site development permit to determine its conformance with the provisions of this chapter and the CISWDCSM. The City will follow the procedures outlined in Section 5.16.110 and on the site development permit application.
(B) After receiving approval, if revisions to the construction plans require a change in measures appropriate to control the quality or quantity of stormwater runoff, then revised plans must be submitted to the City.
(C) Assignment of responsibility for maintaining facilities serving more than one lot or holding shall be documented by appropriate covenants to property deeds unless the responsibility is formally accepted by a public body, and determined before the final site development permit is approved.
(D) The applicant may be required to file with the City a performance bond, letter of credit, or other improvement security in the amount deemed sufficient by the City to cover all costs of improvements, landscaping, and maintenance of improvements for such period as specified by the City, and engineering and inspection costs to cover the cost of failure to repair of improvements installed on the project site.
(E) The performance bond will require periodic renewal since it must cover the perpetual maintenance and care of the permanent post-construction runoff control structure or system in place. The applicant will notify the City of the impending performance bond expiration and the issuance of a renewed performance bond. (Ord. 5.09, passed 2-19-2007; Am. Ord. 2024.03, passed 6-17-2024. Formerly 5.12.040)
5.12.130 RESPONSIBILITY OF CONSTRUCTION SITE OWNER AFTER APPROVAL.
In granting construction approval, it is the responsibility of the project site owner to:
(A) Ensure proper construction and installation of all stormwater measures in compliance with the approved submittal, this chapter, the CISWDCSM, and the CSGP (as applicable).
(B) Notify the City of final site stabilization so that the City can complete and sign off on a final site inspection before submittal of the notice of termination (NOT) to IDEM.
(C) Payment of all post-construction BMP inspection fees will be billed to the owner by the City.
(D) Maintain the BMPs in good condition per the designed and approved specifications and O&M Manual.
(E) Complete routine inspections and maintenance of the post-construction BMP. Maintenance plans and inspection forms for each type of acceptable BMP are provided in the O&M Manual or the CISWDCSM and should be used as guidance for performing maintenance activities. Completed routine inspection forms must be maintained by the BMP owner and produced upon request by the City.
(F) Obtain approval from the City for alterations, revisions, or replacements of all post-construction BMPs.
(G) The City must be notified of any changes in BMP ownership, major repairs, or BMP failure in writing within 30 days. (Ord. 2024.03, passed 6-17-2024)
5.12.140 CITY INSPECTION.
(A) Property owners shall allow right-of-entry for the City, Building Commissioner, or other representatives to inspect any project site with a post-construction BMP.
(B) The City has the authority to perform long-term, post-construction inspections of all public or privately owned stormwater BMPs. The inspection will cover physical conditions, available storage capacity, and the operational condition of key facility elements.
(C) If deficiencies are found during the inspection, the owner of the facility will be notified by the City in writing and will be required to take all necessary measures to correct such deficiencies. If the owner fails to correct the deficiencies within the allowed time, as specified in writing, the City will undertake the work and collect from the owner using lien rights if necessary.
(D) If the City finds a BMP that requires maintenance or repair, the City will notify the BMP owner of the necessary maintenance or repairs and give the landowner a time limit for completing the maintenance or repairs. If the maintenance or repairs are not completed within the designated time, the City shall perform the repairs or maintenance and bill the landowner for the actual costs of the work. (Ord. 5.09, passed 2-19-2007; Am. Ord. 2024.03, passed 6-17-2024. Formerly 5.12.060)
5.12.150 ENFORCEMENT, APPEALS, REMEDIES NOT EXCLUSIVE, AND PENALTIES.
Refer to Sections 5.16.150, 5.16.160, 5.16.170, and 5.16.180. (Ord. 5.09, passed 2-19-2007; Am. Ord. 2024.03, passed 6-17-2024. Formerly 5.12.070)