Loading...
HomeMy WebLinkAbout9684-06 Amend Chapter 17 an add Section 17-119 through 17-125ORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana July 10, 20 06 Attest: City Clerk J N ORDE Attest: 9684-06 Presented by me to the Mayor of the City of South Bend, Indiana July 11, 06 20 President of Common Council City Clerk Approved and signed by me d u l y 11, 20 0 6 ORDINANCE NO. ~ ~° o ~~~° AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO ADD ARTICLE 13, SECTIONS 17-119 THROUGH 17-125 TO CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING POST CONSTRUCTION STORMWATER ISSUES STATEMENT OF PURPOSE AND INTENT During the construction process is when soil is most vulnerable to erosion by wind and water. This eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates repairs of sewers and ditches and the dredging of rivers and lakes. This ordinance regulates land construction to minimize erosion for the benefit of the South Bend community. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA that: Section I. Article 13, Sections 17-119 through 17-125 shall be added to Chapter 17 of the South Bend Municipal Code as follows: Article 13. Post Construction Stormwater Runoff Control. Section 17-119. Legislative Findings. This Ordinance meets the post construction storm water runoff requirements of the Indiana Department of Environmental Management (IDEM) Rule 13 (327 IAC 15-13-16). As a result, the purpose of this local ordinance is to safeguard persons, protect property, prevent damage to the environment and promote public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity which disturbs or breaks the topsoil or results in the movement of earth on land within the City of South Bend MS4 area (includes the Ivy Tech Community College Campus). (a) Applicability This Article shall be applicable to all subdivision or site plan applications. The Article also applies to land development activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development that meets the following applicability criteria, even thought multiple separate and distinct land development activities may take place at different times on different schedules. In addition, all plans must also be reviewed by the City of South Bend's Division of Engineering to ensure that established water quality standards will be maintained during and after development of the site and that post construction runoff levels are consistent with any local and regional watershed plans. To prevent the adverse effects of storm water runoff, the City of South Bend has developed a set of performance standards that must be met at new development sites. These standards apply to any construction activity disturbing 1 acre (43,560 sq. ft.) or more of land. The following activities maybe exempt from these storm water performance criteria: 1. Additions or modification to existing single family structures. 2. Developments that do not disturb one (1) acre or more, provided they are not part of a larger common development plan. 3. Repairs to any storm water treatment practice deemed necessary by the City of South Bend. When a site development plan is submitted, decisions on permitting and on-site storm water requirements shall be governed by special storm water sizing criteria established in IDEM's Indiana Stormwater Quality Manual and the City of South Bend Design and Construction Standards. Final authorization of all development projects will be determined after a review by the City of South Bend's Division of Engineering. The City of South Bend also reserves the right to request submission of a site development plan if the City Engineer or his designee deems necessary and notifies the site owner in writing. (b) Compatibility with Other Permit and Ordinance Requirements This ordinance is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. The requirements of this ordinance should be considered minimum requirements, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall be considered to take precedence. (c) Severability If the provisions of any article, section, subsection, paragraph, subdivision, or clause of this ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this ordinance. Section 17-120. Definitions As used in this Article: -2- (a) Applicant means a property owner or agent of a property owner who has filed an application for a storm water management permit. (b) Best Management Practice (BMP) means any land management practice or technique that reduce the velocity or runoff waters, which can result in the deposition of suspended soil. (c) Building means any structure, either temporary or permanent, having walls and a roof designed for the shelter of any person, animal, or property and occupying over 100 square feet. (d) Clearing means any activity which removes vegetative surface cover. (e) Dedication means the deliberate appropriation of property by its owner for general public use. (f) Detention means the temporary storage of storm water in a storm water management practice with the goals of controlling peak discharge rates and providing gravity settling of pollutants. (g) Drainage Easement means a legal right granted by a landowner to a grantee allowing the use of private land for storm water management purposes. (h) Erosion Control means any measures that prevent erosion. (i) Erosion and Sediment Control Plan (ESCP) means a set of plans prepared by or under the direction of a licensed professional engineer indicating the specific measures and sequencing to be used for controlling sediment and erosion on a development site before, during, and after construction. This is synonymous with the term "Storm Water Pollution Prevention Plan" in Indiana Department of Environmental Management (IDEM) Rule 5, 327 IAC IS-5 ("Rule 5"). (j) Grading means the excavation or fill of material, including the resulting conditions thereof. (k) Indiana Storm Water Quality Manual means the most recent edition of the manual that refers to storm water management in the State of Indiana. (1) MS4 means Municipal Separated Storm Sewer System. (m) MS4 Operator means the designated MS4 Operator for the City of South Bend. (n) Perimeter Control means any barrier that prevents sediment from leaving the site either by filtering sediment-laden runoff, or diverting it to a sediment trap or basin. -3- (o) Phasing means clearing a parcel of land in distinct phases; with the stabilization of each phase before clearing the next. (p) Rain Event means any event where precipitation falls on the construction site. (q) Sediment Control means any measure(s) that prevent eroded sediment from leaving the site. (r) Site means any parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation. (s) Site Development Permit (SDP) means the permit issued by the municipality for which the construction or alteration of ground improvements and structures for the control of erosion, runoff, and grading. (t) Stop Work Order means an order issued which requires that all construction activity on a site be stopped. Section 17-121. Permit Procedures and Requirements. (a) Site Development Permits (SDP) 1. No person shall be granted a site development permit for land-disturbing activity which would disturb, uncover, or clear 1 acre (43,560 square feet) or more without the approval of an Erosion. and Sediment Control Plan by the City of South Bend's Division of Engineering. 2. Site development permits are NOT required for the following activities: a. Any emergency activity which is immediately necessary for the protection of life, property, or natural resources. b. Existing nursery or agricultural operations conducted as a permitted main or accessory use. (b) Application Requirements 1. Any land owner or operator desiring a permit for a land disturbance activity shall submit to the City of South Bend Division of Engineering 3 copies of the permit application of a form provided for that purpose. 2. Along with the permit application from the following must be submitted: -4- a. Three (3) copies of Erosion and Sediment Control Plan certified by a professional engineer. b. Anon refundable permit review fee of one hundred dollars ($100.00) payable to the City of South Bend, Indiana. c. Copy of NOI. d. Proof that one (1) copy of the Erosion and Sediment Control Plan certified by a professional engineer has been served upon the St. Joseph County Conservation District. (c) Application Procedure. 1. Applications for land disturbance activities must be filed with the City of South Bend Engineering Department on any regular business day. 2. Documents to be filed are specified as above in "Application Requirements". 3. Within thirty (30) business days of the receipt of a complete permit application, including all documents as required by this ordinance, the City of South Bend Division of Engineering shall inform the applicant whether the application, plan, and maintenance agreement are approved or disapproved. 4. If the permit application, the Erosion and Sediment Control Plan, or the maintenance agreement is disapproved, the applicant may revise the Erosion and Sediment Control Plan or agreement. If additional information is submitted, the City of South Bend Division of Engineering shall have fifteen (15) business days from the date of the submission of the additional information to inform the applicant that the plan and maintenance agreement are either approved or disapproved. 5. If the permit application, the Erosion and Sediment Control Plan, and the maintenance agreement are approved the Site Development Permit shall be issued. 6. After issuance of the SDP the permittee is to submit the SDP with the NOI to IDEM (Indiana Department of Environmental Management) along with any other permit fees. 7. The ESCP and SDP shall be valid for five (5) years or until a Notice of Permit Termination is issued. 8. Before the Notice of Permit Termination is issued, any BMP or control measure that is to become public property located in a subOdivision shall be included as a line -5- item in the Engineer's estimate so as to be included in the maintenance bond for that said sub-division. Section 17-122. Erosion and Sediment Control Plan (a) Plan Requirements 1. A 1 "=200' topographic, natural resources, base map identifying soils, existing surface water drainage, current land use (including existing structures), locations of roads, utilities, and easements, and significant man-made and natural features not otherwise shown. 2. Two (2) sets of full size and one (1) set of 11" X 17" plans of the project site (Can be on multiple sheets) including the legal description and location of all lots and proposed site improvements. These plans should also show proposed locations of soil stockpiles, borrow, and/or disposal areas. 3. A sequence of construction for the development site, including stripping and clearing, rough grading, construction of utilities, infrastructure, and buildings, and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, the installation of temporary erosion and sediment measures, and establishment of permanent vegetation. 4. Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures. 5. Hydrologic and hydraulic design calculations for the pre-development and post- development conditions of the site. 6. A maintenance and repair plan that includes detailed procedures to insure the continued function of all control facilities, including easements and the estimated cost for the periodic inspection of all control facilities. 7. Along with the above guidelines the Erosion and Site Control Plan shall meet 327 IAC 15-5 and Article 12 of the City of South Bend Municipal Code Construction Site Storm Water Runoff Control Requirements. (b) Modifications to the Plan 1. Major amendments to the Erosion and Sediment Control Plan shall be submitted to the City of South Bend Division of Engineering and shall be processed and -6- approved, or disapproved, in the same manner as the original plans. 2. Field modifications of a minor nature maybe authorized with written approval from the City of South Bend's Division of Engineering or appointed representative. Section 17-123. Design Requirements Grading, erosion control practices, sediment control practices, and water way crossings shall meet the design criteria as set forth in the most recent versions of the Indiana Stormwater Quality Manual an The City of South Bend Design and Construction Standards, and shall be adequate to prevent the transportation of sediment from the site to the satisfaction of the City of South Bend. (a) Clearing and Grading 1. Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other chapters of this code. 2. Phasing shall be required on all sites disturbing greater than thirty (30) acres, with the size of each phase to be established by a plan review and approved by the City of South Bend Division of Engineering. 3. Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed, stabilized, and inspected. 4. Cut and fill slopes shall be no greater than 2:1, except as approved by the City of South Bend's Division of Engineering to meet other community or environmental objectives. (b) Erosion Control 1. Soil must be stabilized within five (5) calendar days of clearing or inactivity in construction. 2. If vegetative erosion control methods, such as seeding, have not been established within two (2) calendar weeks, the City of South Bend may require that the site be reseeded, or that anon-vegetative option be utilized. 3. On steep slopes or in drainage ways, special techniques that meet the design criteria outlined in the Indiana Stormwater Quality Manual shall be used to ensure stabilization. 4. At the close of the construction season, the entire site must be stabilized using an approved method. -7- 5. Techniques shall be utilized to prevent the blowing of dust or sediment from the construction site. 6. Techniques that divert upland runoff past disturbed slopes shall be employed. (c) Sediment Controls 1. Sediment controls shall be provided as outlined in thelndiana Stormwater Quality Manual. 2. All adjacent properties are to be protected with an approved method. (d) Waterways and Watercourses 1. When a wet watercourse must be crossed regularly as part of construction, a temporary stream crossing shall be provided and an approval obtained from the IDNR. 2. When in-channel work is completed, the channel shall be stabilized at all times. 3. All storm water conveyance channels shall be designed in accordance with the Indiana Stormwater Quality Manual. 4. All pipe and pave channel outlets must be stabilized. (e) Construction Site Access 1. A temporary access road and properly designed and installed construction entrance shall be provided to the site at all times. 2. Other measures maybe required at the discretion of the City of South Bend in order to ensure that sediment is not tracked onto public streets by construction vehicles, or washed into storm drains. Section 17-124. Site Inspections (a) Inspection Process 1. The City of South Bend Division of Engineering or its designated agent shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the Erosion and Sediment Control Plan as approved. Plans for grading, stripping, excavating, and filling work as approved by the City of South Bend shall be -8- maintained at the site during the progress of the work. In order to obtain inspections the permittee shall notify the City of South Bend Division of Engineering at least two (2) working days before the following: a. Start of construction b. Erosion and sediment control measures are in place and stabilized c. Site clearing has been completed d. Rough grading has been completed e. Final grading has been completed f. Commencement of work after twenty (20) calendar days of no work g. Finallandscaping. 2. The permittee or his/her agent shall make regular inspections of all control measures. All inspections shall be documented in written form and submitted to the City of South Bend Engineering Department. Inspections are to occur as follows: a. Inspect after each rain event b. Inspect once every two (2) weeks during construction activities c. Inspect once every month during periods ofnon-activity 3. The SDP shall be displayed at all times on the site. 4. The Engineering Department of the City of South Bend or its designee reserves the right to do random inspections when deemed necessary by the City Engineer or his designee. Section 17-125. Enforcement The City of South Bend or any designated agent of the City shall have the authority to enforce this ordinance. Said agent or the City of South Bend shall also have the authority to issue a stop work order at any time if deemed necessary in accordance with the following schedule of violations: (a) First offense -written Notification of Violation that requires a correction within ten (1) working days. -9- (b) Second offense -written notification and two hundred fifty dollar fine ($250.00) that requires correction within five (5) working days. (c) Third offense -written notification, five hundred dollar ($500.00) fine, and the issuance of a "Stop Work Order". (d) Any person performing land disturbing activities prior to submitting an ESPC for approval by the City and properly notifying IDEM shall be subject to enforcement and penalty as described in Rule 5. (e) Each action causing violation will constitute a separate and single violation. Each day after the initial ten (10) days after the first offense that a violation exists constitutes a separate violation and is subject to penalty and prosecution as a separate violation. Section II. This ordinance be in effect after proper adoption by the Common Council, approval by the Mayor and all appropriate publication. ~~ ~ -~ Member, South nd Common Council Att t: City C rk Presented by me to the Mayor of the City of South Bend, Indiana on the I ~ ~~ day of 2 (` ~b , at ! '. 2-c~ o'clock ~. m. City erk lQe,~~,~~}-~ Approved and signed by me on the % ~ ~ day of , 2 aa~, at ~ o'clock ~. m. 1 sr READING ~ ~ ~ Z _o b PUELlC FlEARING ? -CU -Ob ~3 rd READING ~ ~ ~ p .p~ NOT APPROVED REFERRED PASSED "7 -.~Q~Ob Mayor, City of ~ 1 (3~'~6C0 1'iita~ In' ~ -lo- ~1UC1 ~' ~ X06 JOHl~ vSO.6Et1~, iTd. CITY CLEiit(, 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PxoNE574/235-9251 FAx 574/235-9171 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF PUBLIC WORKS GARY A. GILOT, P.E. DIRECTOR OF PUBLIC WORKS June 2, 2006 Mr. Timothy Rouse President, South Bend Common Council 400 County City Building South Bend, IN 46601 RE: Post-Construction Storm Water (Erosion Control) Ordinance Dear Council Members: Enclosed are copies ofthe proposed Ordinance for the Council's consideration. This ordinance meets the minimum requirements as set forth by Rule 13 (327 IAC 15-13) and is required to be adopted and submitted to 1DEM by September 1, 2006. The Post-Construction Storm Water Ordinance covers all storm water runoff from construction sites one (1) acre or larger within the City of South Bend. Although similar to the Storm Water Discharge from Construction Sites Ordinance, this ordinance establishes the permit procedure which includes the review of erosion control plans, inspection of erosion control measures, and the maintenance of erosion control measures after and during construction. I will make the presentation of this Ordinance to the Council at its Committee meeting and the public hearing. If you have any questions prior to the meeting, please do not hesitate to call me. Sincerely, A.a.o~- Jason J. Durr, P.E. Assistant City Engineer Enclosure c: Aladean DeRose, Chief Assistant City Attorney ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES CARL LITTRELL, P.E. JOHN J. DILLON, PH.D. MATT CHLEBOWSKI 574/235-9251 574/277-8515 574/235-9316 FAx 574/235-9171 FAx 574/277-8980 FAx 574/235-9007 STREETS SAM HENSLEY 574/235-9244 FAx 574/235-9272 WATER WORKS JOHN F. STANCATI 574/235-9322 ~,`~ FAx 574/235-9728 ~\