The purpose of this article is to protect the public health, safety and welfare of city residents and to protect property values, quality of life, and natural systems relating to stormwater runoff control and management. The city finds it is a matter of public concern and benefit to protect water bodies and properties within the city and to reduce the future need for public expenditures relating to flooding, water quality, and stormwater system maintenance. Both the quality and quantity of stormwater runoff are a matter of public concern. Stormwater regulation and management is a matter of public health, safety, and welfare because:

a.

Water bodies, roadways, structures, and other property within, and downstream of the city are at times subjected to flooding.

b.

Flooding is a danger to the lives and property of the public and is also a danger to the natural resources of the city and the region.

c.

Changes in land use alter the hydrologic response of watersheds, resulting in increased stormwater runoff rates and volumes, which further result in increased flooding, increased stream channel erosion and increased sediment transport and deposition.

d.

Stormwater runoff produced by changes in land use contributes to increased quantities of water-borne pollutants.

e.

Increases of stormwater runoff, soil erosion, and non-point source pollution have occurred as a result of changes in land use, and cause deterioration of the water resources within and downstream of the city.

f.

Increased stormwater runoff rates and volumes, and the sediments and pollutants associated with stormwater runoff from future earth change projects within the city will, absent reasonable regulation and control, adversely affect the city water bodies and water resources, the resources contained therein and those of downstream municipalities.

g.

Stormwater runoff, soil erosion, and non-point source pollution can be controlled and minimized by the regulation of stormwater runoff from earth changes and by the use of best management practices (BMPs) and other innovative means.

h.

Adopting and implementing the standards, criteria and procedures contained in this article will address many of the deleterious effects of stormwater runoff, both from a water quality and a water quantity perspective.

i.

Adopting these standards is necessary for the preservation of the public health, safety, and welfare and mitigation of adverse impacts from stormwater runoff.

Based on the findings listed above, the city has established the following objectives to guide administration, decision-making, and enforcement of this article. It is therefore the purpose of this article to establish minimum stormwater management requirements and controls to accomplish, among others, the following objectives:

a.

To reduce flood damage.

b.

To prevent increased stormwater runoff rates and volumes due to changes in land use.

c.

To prevent the physical deterioration of existing watercourses, culverts and bridges, and other structures.

d.

To encourage water recharge into the ground where geologically favorable conditions exist.

e.

To prevent an increase in non-point source pollution.

f.

To maintain the integrity of stream channels for their biological functions, as well as for drainage and other purposes.

g.

To minimize the impact of changes in land use upon stream bank and streambed stability.

h.

To reduce erosion from earth change or construction projects.

i.

To preserve and protect water supply facilities and water resources by means of controlling increased flood discharges, stream erosion, and runoff pollution.

j.

To reduce stormwater runoff rates and volumes, soil erosion, and non-point source pollution, wherever practicable, from lands proposed for redevelopment that were not previously developed with stormwater management controls meeting the purposes and standards of this article.

k.

To reduce the adverse impact of changing land use on neighboring properties and water bodies and, to that end, this article establishes minimum standards to protect water bodies from degradation resulting from changing land use.

l.

To guarantee long-term maintenance of stormwater facilities.

a.

The city council, by resolution, adopted stormwater management standards for the City of DeWitt which establish minimum design standards for calculating runoff, stormwater discharge release rates, and requirements for dischargers to implement on-site detention, retention, infiltration, or other methods necessary to control the rate and volume of surface water runoff discharged into the stormwater drainage system. Attachment B (Stormwater Management Standards) of a resolution adopted January 12, 2003, is not set out herein and is available for inspection in the offices of the city. These standards do include the volume control and rate control as included in this section.

1.

General standards for onsite and offsite stormwater management.

a)

Stormwater facilities shall be designed to prevent flood hazards and water pollution related to stormwater runoff, soil erosion and channel erosion from the proposed earth change.

b)

Existing stormwater from upstream and offsite locations shall be conveyed around or through the site, or stored onsite.

c)

Every stormwater facility shall control the release of stormwater in accordance with the design standards adopted by city council resolution.

d)

Unless otherwise approved, stormwater runoff shall be conveyed through swales and vegetated buffer strips so as to decrease runoff velocity, allow for natural infiltration and passive storage, allow suspended sediment particles to settle, and to remove pollutants.

e)

Alterations to natural drainage patterns shall not increase runoff, create flooding or water pollution for adjacent or downstream property owners.

f)

Cutting, filling, and grading shall be minimized and the natural topography of the site shall be preserved to the maximum extent practicable, except where specific findings demonstrate that major alterations will still meet the purposes and requirements of this article.

g)

Grading of lands at locations that are adjacent to or near lands, streets, alleys, sidewalks, or other public or private property shall be done in a manner to protect the property from settling, cracking or sustaining other damage.

h)

All development and other earth changes shall be designed, constructed, and completed so that the exposed area of any disturbed land is limited to the shortest possible period of time.

i)

Damage to public utilities or services and damage to or impairment of any water body on or near the location of any water body shall be prevented.

j)

Natural wetlands shall be maintained to the maximum extent practicable.

k)

The rate of water volume discharged due to earth changes and/or development of the site shall not create adverse impacts to property owners and watercourses. These adverse impacts may include, but are not limited to flooding, excessive soil saturation, crop damage, erosion, and/or degradation in water quality or habitat.

l)

There shall be no increase in volume of stormwater discharged from the site.

2.

Stormwater facilities. The types of stormwater facilities are listed in order of preference, with the most desirable listed first.

a)

Infiltration facilities.

1)

This article encourages the use of infiltration systems as a part of stormwater management plan design. Stormwater storage and/or infiltration facilities, which protect water quality and minimize flooding, shall be designed to meet the standards of this article. Storage facilities may include, but are not limited to, detention basins, retention basins, infiltration trenches, swales with check dams, bioretention structures and other facilities and/or BMPs proposed by the applicant. It shall be the responsibility of the applicant to demonstrate that all proposed facilities meet the intent, goals, and standards of this article.

2)

As the rate of percolation/infiltration of water into the soil column varies depending, on the soil type, the type of infiltration system used may be site specific. Stormwater management plan designers shall consider soil permeability when designing stormwater infiltration components of a management system. The site developer shall minimize compaction of soil, which decreases infiltration and groundwater recharge and contributes to increased stormwater runoff.

b)

Stormwater storage facilities. The types of basins are listed in order of preference, with the most desirable listed first:

1)

Wet basins or detention basins with a fixed minimum water elevation between runoff events: Wet basins, which serve to trap soil particles onsite, are preferable to dry basins.

2)

Detention basins, which detain the first flush of an event and attenuate its release over an extended period.

3)

Extended detention basins, which hold stormwater from a less frequent storm event over an extended period before completely draining to become a dry basin. Dry basins without extended detention shall not be permitted.

c)

All detention and/or retention basins shall be designed to meet the standards of this article.

1)

Detention and/or retention basins shall be designed to hold runoff from a 100-year frequency storm event. Basins shall be permanently stabilized to minimize erosion.

2)

Detention and/or retention basins shall have an overflow system. if the overflow system cannot discharge to a creek, lake, or wetland without causing flooding on adjacent or downstream properties, then the basin shall be designed to hold stormwater runoff from back-to-back 100-year storm events.

3)

Detention and/or retention basins and associated berms and landscaping shall be designed to protect public safety and to be visually attractive.

4)

Detention and/or retention basins shall be provided in platted outlots, common areas or open space areas.

d)

Design standards. The city council shall adopt by resolution minimum design standards for calculating runoff, stormwater discharge release rates, and requirements for dischargers to implement onsite detention, retention, infiltration, or other methods necessary to control the rate and volume of surface water runoff discharged into the stormwater drainage system.

e)

Soil erosion and sedimentation control.

1)

All persons who cause, in whole or in part, any earth change to occur shall provide soil erosion and sedimentation control to adequately prevent soils from being eroded and discharged or deposited onto adjacent properties or into a stormwater drainage system, a public street or right-of-way, wetland, creek, stream, water body, or floodplain.

2)

All earth changes shall be in accordance with all applicable federal and state laws, and local ordinances and applicable rules, regulations, and standards. The strictest of such requirements shall apply. The applicant shall obtain and comply with the terms of a soil erosion and sedimentation control permit if required by law.

3)

No grading, site preparation, or removal of vegetative cover shall take place prior to stormwater management plan approval and the installation of erosion control facilities.

f)

Landscaping/revegetation. An applicant shall address the following guiding principles and standards:

1)

Native, natural existing vegetation shall be retained to the maximum extent practicable, recognizing earth changes will occur and it is not possible to retain much of what exists and still accomplish the basic project purpose.

2)

Native species shall be used for revegetation and landscaping to the maximum extent practicable.

3)

The flood tolerance of proposed species shall be considered, particularly in stormwater management areas and components.

4)

Water requirements of species proposed in areas other than stormwater management facilities shall be considered, with the goal of reducing their water demand and nutrient requirements to the maximum extent practicable.

5)

The stormwater management components shall be chemical-free zones within the development, with the exception of accepted management techniques for the establishment and maintenance of components requiring the same.

6)

Bio-retention areas, grass swales, steep slopes, and other areas prone to erosion shall be vegetated with species, which maximize the infiltration, uptake and evapotranspiration of water.

3.

Volume control. The increase in stormwater runoff volume resulting from development from the 10-year, twenty-four-hour storm shall be controlled in an approved manner such that it does not leave the site boundaries by surface water discharge. Any one (1) or combination of the following methods may be used to meet this requirement.

a)

Infiltration (e.g. basin or trench).

b)

Retention (e.g. non-regulated wetland or permanent pool).

c)

Evapotranspiration.

d)

Bioretention.

e)

Other proposed BMPs or means, subject to city approval.

The applicant is required to provide evidence that soil and other site conditions are suitable for the proposed method. All stormwater facilities intended to meet this requirement shall be located within city right-of-way, parcel outlots, or other common areas accessible to the city by easement or other methods.

4.

Rate control. The stormwater runoff not otherwise controlled in accordance with the volume control requirements identified in section a. above shall be released off-site at a controlled rate. Runoff from storm events up to, and including, the 100-year, twenty-four-hour storm shall be released at or below the rate of 0.15 cubic feet per second (cfs) per acre of site area. Any one (1) or combination of the following methods may be used to meet this requirement.

1.

Detention (e.g. basin or pond).

2.

Subsurface storage (e.g. restricted storm drainage pipe system).

3.

Other proposed BMPs or means, subject to city approval.

a.

Applicability—Systems subject to review.

1.

A stormwater management plan approved in accordance with this article shall be required for any earth change, any use subject to site plan approval under Section 78-262, Uses Subject to Site Plan Review, and any subdivision subject to approval under chapter 38 of the Code, with the exceptions listed in 2. below.

2.

Exceptions. A stormwater management plan shall not be required for:

a)

Agricultural activity that is consistent with an approved soil conservation plan.

b)

Additions of modifications to any single-family or duplex structure.

c)

Landscaping or gardening involving less than five thousand (5,000) square feet of land.

d)

Construction of a dwelling on a legal lot within a development that itself previously received approval under this article, provided that less than five thousand (5,000) square feet of land is cleared or graded for such construction.

b.

General plan requirements.

1.

Through maps, illustrations, reports, and calculations, the stormwater management plan shall display the required information in a clear and logical sequence.

2.

The stormwater management plan shall be sufficiently detailed to specify the type, location, and size of soil erosion control measures and stormwater facilities, including calculations.

3.

Scale for mapping. The stormwater management plan shall be drawn to a scale of at least one (1) inch equal to forty (40) feet (1 inch = 40 feet) for property less than three (3) acres and one (1) inch equal to one hundred (100) feet (1 inch = 100 feet) for property three (3) acres or more in size.

c.

Plan submittal requirements. The following plan requirements are in addition to other requirements specified in, Section 78-532, Standards, of this article and other applicable chapters of the Code. The applicant shall provide a stormwater management plan to the city for review and approval. Upon request by the applicant, or at its own initiative, the planning commission may determine that one (1) or more requirements may not be applicable and may be waived. Applicant shall submit twenty (20) copies of the stormwater management plan, which shall identify and contain all of the following information:

1.

Contact information. The name, address, and telephone number of all persons having a legal interest in the property and the tax reference number and parcel number of the property or properties affected. Include information on the zoning classification of the applicant's parcel and all adjacent parcels.

2.

Location map. A map depicting the location of the development site and all water bodies that will ultimately receive stormwater runoff.

3.

Topographic base map. The existing and proposed topography of the development site, including the alignment and boundary of the natural drainage courses, with contours having a maximum interval of not greater than two (2) feet. The map shall also show existing surface water drainage (permanent and intermittent) and flow direction, including streams, ponds, culverts, ditches, and wetlands, location of 100-year floodplain if applicable to the site, current land use including all existing structures; locations of utilities, roads, and easements; and significant natural and manmade features not otherwise shown.

4.

Soils information. A map of the site proposed for development with the site boundary superimposed on the Clinton County Soil Map Survey and the hydrologic soil groups noted for each soil classification included within the site.

5.

Watershed. A map showing the pre- and post-development drainage patterns each point of discharge from the development and/or earth change, and the drainage relationship with existing council-approved watershed patterns.

6.

Calculations. Stormwater calculations shall be provided in accordance with the design standards referenced in this article.

7.

Site plan drawing. A drawing showing all proposed stormwater facilities with existing and final grades. This map shall also show existing and proposed lot lines, property lines, and structures, parking areas, etc. on the parcel and within one hundred (100) feet of the site.

8.

Outlet and culvert information.

a)

The sizes and locations of upstream and downstream culverts serving the major drainage routes flowing into and out of the development site, with arrows indicating the direction of flow to the ultimate receiving water body.

b)

Any significant offsite and onsite drainage outlet restrictions other than culverts should be noted on the drainage map.

c)

Storm sewer calculations indicating the number of acres, calculated to the nearest tenth of an acre, contributing to each specific inlet/outlet and maximum flow in cubic feet per second shall be stated on the plan.

d)

The applicant shall demonstrate that suitable conveyance exists downstream of the development site to receive the stormwater, including easements, if necessary, for such conveyance. If easements do not exist, and cannot be acquired, the applicant shall demonstrate the means of volume controls.

e)

Any areas of offsite sheet flow shall be identified.

9.

Phased development plans. Should the applicant plan to subdivide or develop a given area but wishes to begin with only a portion of the total area, the original preliminary site plan or preliminary subdivision plat shall include the proposed general layout for the entire area. The first phase of the site plan or subdivision plat will be clearly superimposed upon the overall stormwater management plan in order to illustrate clearly the method of development and/or earth change that the applicant intends to follow. The stormwater management plan shall be submitted for the entire development, with calculations and devices designed for build-out sufficient to demonstrate to the planning commission the feasibility of future phases complying with the standards of this article. The applicant shall also demonstrate that stormwater management facilities to be constructed as part of the initial phases of development can function independently of any facilities to be constructed as part of future phases of the development.

10.

Construction plan. An implementation and sequencing plan for construction and inspection of all stormwater facilities, including a schedule of the estimated dates of completing construction of the stormwater facilities shown on the plan and an identification of the proposed inspection procedures to ensure that the stormwater facilities are constructed in accordance with the approved stormwater management plan.

11.

Sedimentation and erosion control plan. A soil erosion and sedimentation control plan for all construction activities related to implementing any onsite stormwater management practices. This plan shall provide for the effective control of construction site stormwater runoff, sediment track-out onto roadways and protection of temporary control structures. The plan shall also contain information on how the applicant proposes to avoid the compaction of soils in any areas of the site that are proposed for infiltration facilities during project constructions. Areas proposed for infiltration shall not be used as temporary sediment basins during construction. In the case where a temporary sedimentation and erosion control device is to be converted to a permanent stormwater management facility, the applicant shall document how this conversion shall be accomplished such that the approved design function and/or capacity of the stormwater facility is attained.

12.

Construction specifications. All construction specifications for the stormwater facilities and a single sheet showing all proposed stormwater facilities, including vegetative BMP's, with drainage easements overlaid onto the overall road and utility plan and drawn to the same scale.

13.

Additional drawings. Drawings, profiles, and specifications for the construction of the stormwater facilities, including vegetation, reasonably necessary to ensure that stormwater runoff will be infiltrated, drained, stored, or otherwise controlled in accordance with this article. All drawings will include the original date (month, day, and year) of preparation, and any subsequent dates of revisions, a title block, scale, and north point.

14.

Maintenance plan. A document in form and substance acceptable to the city for ensuring and listing the routine, emergency and long-term post-development maintenance requirements of any privately owned stormwater facilities, including but not limited to infiltration basins, vegetated swales, rain gardens, extensive areas of existing vegetation to be retained etc. This maintenance plan is for post-construction maintenance. This shall include identifying the individuals or entities responsible for each maintenance activity, and at what frequency the maintenance activity shall be performed in order to maintain the approved design function and/or capacity of the associated stormwater facility. The maintenance plan shall include a mandatory association or other enforceable commitment to provide routine, emergency, and long-term maintenance of the facilities and, in the event that the facilities are not maintained in accordance with the approved stormwater management plan, the maintenance plan shall authorize the city to maintain any onsite stormwater facility as reasonably necessary, at the owner's expense. The maintenance plan must include provisions requiring no alteration, clearing, dumping of waste or other unapproved activities in the stormwater facilities.

15.

Firm contact information. Name and signature of planner, architect, engineer, surveyor, wetland specialist, landscape architect, and/or other technical experts who have assisted in the preparation of the stormwater management plan, designed the stormwater facilities, and will inspect the final construction of the stormwater facilities. The submitted plan shall be stamped and signed by the licensed design engineer or registered landscape architect.

16.

Vegetation plan. A drawing, which details the existing vegetation to be retained and how it will be protected during construction and a drawing which identifies vegetation that is proposed to be planted as part of the stormwater management plan. The applicant shall provide documentation which supports the evapotransporation benefits of all existing and proposed vegetation to be protected or planted for the purposes of managing stormwater on the site.

The existing vegetation to be retained and the vegetation to be introduced as part of the stormwater management plan shall provide aesthetic and functional benefits. Selected plants shall enhance water quality and provide additional and appropriate uptake of water, where feasible. Additional information is provided in Section 78-532(a)2.(f), Landscaping/Revegetation.

17.

Other environmental permits. All other applicable environmental permits shall be acquired for the site prior to construction.

18.

Additional information. Any other information necessary for the city to verify that the stormwater management plan complies with the city's design and performance standards for drains and stormwater facilities.

19.

Site features. The location and description of onsite and adjacent offsite features that may be relevant in determining the overall requirements for stormwater management. These features may include, but are not limited to, the following:

(a)

Adjoining roads, subdivisions, and other developments and/or earth change activities.

(b)

Schools, parks, and cemeteries.

(c)

Drains, sewers, water mains, catch basins, septic fields and wells.

(d)

Overhead power lines, underground transmission lines, gas mains, pipelines or other utilities.

(e)

Existing and proposed easements.

(f)

Natural and artificial watercourses, wetlands and wetland boundaries, floodplains, lakes, bays and lagoons.

(g)

Designated natural areas.

(h)

Any proposed environmental mitigation features.

20.

Soil borings. Soil borings; completed by a licensed professional engineer or certified geologist, shall be required at various locations including the sites of proposed retention/detention/infiltration facilities. The location(s) intended for the retention/detention/infiltration facilities shall have studies performed that reveal the permeability of the soil where the facilities are to be constructed. The studies shall also reveal the methods used to identify the permeability of the soil.

The permeability design values for the proposed retention/detention/infiltration facilities shall be verified before construction takes place so that any necessary design changes can be made.

The applicant shall conduct additional soil borings and permeability tests in the proposed infiltration facilities once they are excavated to their proposed grades. The location and number of borings are to be proposed by the applicant and approved by the city engineer prior to conducting the borings, and the city engineer should be notified of the date and time so that they can be present, if deemed appropriate.

21.

Previously developed sites. For earth changes development or redevelopment occurring on a previously developed site, an applicant shall be required to include within the stormwater management plan measures for controlling existing stormwater runoff discharges from the site in accordance with the standards of the article, or to match existing discharge rates, whichever is less.

d.

Procedures for review. A stormwater management plan shall be submitted and reviewed in accordance with the following requirements:

1.

Pre-application meeting. Unless otherwise deemed unnecessary by the city development official, a pre-application meeting shall be held between the applicant and representatives of the city, including the city engineer consultant, to discuss the applicant's preliminary development and stormwater management plans. The meeting will allow the applicant to gain input on the requirements for approval of a stormwater management plan.

2.

Submittal of complete proposed plans. Twenty (20) copies of the proposed stormwater management plan for each development and earth change project as required under Section 78-533a., Applicability—Systems Subject to Review shall be submitted to the development official at the same time a site plan or preliminary subdivision plat is submitted. The development official shall determine that the application is administratively complete.

The complete stormwater management plan shall be received at least thirty (30) days prior to a planning commission meeting in order to be reviewed at that meeting.

3.

Escrow deposit. The applicant shall deposit with the city clerk, as an escrow deposit based on the estimated cost of reviewing and approving the proposed stormwater management plan submitted by the applicant and reviewed per Table XX-01 Schedule of Escrow Required for Plan Review.

Fees and escrow account payments shall be sufficient to cover administrative and technical review costs anticipated to be incurred by the city.

All expenses and costs incurred by the city directly associated with processing, reviewing and approving or denying a stormwater management plan application shall be paid to the city from the funds in an escrow account established by the applicant and held by the city.

The city may draw funds from an applicant's escrow account to reimburse the city for out-of-pocket expenses incurred by the city relating to the application. Such reimbursable expenses include, but are not limited to, expenses related to the following:

(a)

Services of the city attorney directly related to the application.

(b)

Services of the city engineer directly related to the application.

(c)

Services of other independent contractors or consultants working for the city which are directly related to the application.

(d)

Any additional public hearings, required mailings and legal notice requirements necessitated by the application.

Table XX-01
Schedule of Escrow Required for Plan Review

If the city determines that a greater amount is appropriate it shall provide the applicant in writing the basis for this determination. Any excess funds remaining in the escrow account after the application has been fully processed, reviewed, and the final city approval and acceptance of the earth change has occurred will be refunded to the applicant with no interest to be paid on those funds.

4.

Agency review. Upon receipt of a completed application for approval of a stormwater management plan, the city clerk shall transmit one (1) copy of the plan to the planning commission and each of the following officials or agencies for their comments:

(a)

Fire chief.

(b)

Police chief.

(c)

Clinton County Drain Commissioner.

(d)

City public services department.

(e)

City engineer.

(f)

Other agencies deemed necessary by the city development official.

Review agencies shall have twenty-five (25) days from the date of transmittal to respond to the planning commission in writing. Should a review agency or official fail to respond in the required time or before the scheduled date for planning commission action on the application, it shall be presumed that the review official or agency has no comment regarding the application.

5.

Planning commission review. The authority to grant final approval for a stormwater management plan shall be vested with the planning commission for all types of projects except for special land use permits, condominiums and platted subdivisions. In the case of a special land use permit, condominiums or a platted subdivision, final authority for approval of the plan shall be vested with the city council. Action of the city council shall occur after the planning commission has provided a recommendation on the plan.

a)

The planning commission shall consider the comments made by the agencies listed in this article in making its determination.

b)

The planning commission may add conditions for approval of the plan.

c)

If the planning commission determines that all required additional information has not been received, the applicant may request that the matter be tabled, and the planning commission may, at its discretion, with or without such a request, table the matter to allow for the submittal of the required information.

d)

Resubmittal. If it is necessary for an applicant to submit a revised stormwater management plan, the applicant shall submit a complete revised plan to the city clerk. The revised stormwater management plan shall include a title block which indicates the date of the revised plan. The plan shall be accompanied by a letter from the applicant, or its consultant, identifying the deficiencies originally determined by the planning commission and outlining how these deficiencies have been addressed in the revised plan. The revised plan shall be submitted at least thirty (30) days prior to the planning commission meeting at which it will be considered.

Upon receipt of a revised stormwater management plan, the city clerk shall transmit one (1) copy of the plan to the planning commission and to any of the following officials or agencies that identified concerns with the original submittal their comments:

i)

Clinton County Drain Commissioner.

ii)

City public services department.

iii)

City engineer.

iv)

Other agencies deemed necessary by the city development official.

Review agencies listed in this section shall have fifteen (15) days from the date of transmittal of the revised stormwater management plan to respond to the planning commission in writing. Should a review agency or official fail to respond in the required time or before the scheduled date for planning commission action on the revised application, it shall be presumed that the review official or agency has no comment regarding the application.

e)

Performance guarantees. The city shall not approve a stormwater management plan until the applicant submits to the city, in a form and amount satisfactory to the city, an irrevocable letter of credit or other similar financial guarantee for the timely and satisfactory construction of all stormwater facilities in accordance with the approved stormwater management plan. Performance bonds are not acceptable. The amount of the financial guarantee shall be equal to the estimated cost of constructing the improvements, approved by the city.

6.

Conditions of approval. The planning commission or, in the case of a platted subdivision or special land use, the city council shall grant approval of a stormwater management plan, which may impose terms and conditions in accordance with Section 78-533d.5.(e), Fees and Performance Guarantees, and which shall be granted only upon compliance with each of the requirements stated below:

a)

The applicant has submitted a stormwater management plan complying with this article.

b)

The applicant has paid or deposited the management plan review fee pursuant to Section 78-533, Fees and Performance Guarantees.

c)

The applicant has paid or posted the applicable financial guarantee pursuant to Section 78-533, Fees and Performance Guarantees.

d)

The applicant provides all easements necessary to implement the approved stormwater management plan and to otherwise comply with this article including, but not limited to, Section 78-534e.5., Easements, in form and substance acceptable to the city, and to be recorded with the Clinton County Register of Deeds.

e)

The stormwater management plan conforms with all applicable design and performance standards for drains and stormwater management systems, as set forth in Section 78-532, Standards.

f)

All stormwater facilities are designed in accordance with current BMPs.

g)

The applicant provides the required maintenance plan which provides for adequate routine, emergency, and long-term maintenance of all stormwater facilities and is in compliance with the approved stormwater management plan and this article including, but not limited to, Section 78-534e., Maintenance. The maintenance plan shall be in form and substance acceptable to the city and shall be recorded with the Clinton County Register of Deeds.

h)

The applicant shall comply with the observation schedule submitted by the city engineer.

7.

Approved plans.

a)

Approval of final development plans, site plans, and final preliminary subdivision plats shall not be granted prior to approval of the stormwater management plan.

b)

Upon approval of the stormwater management plan, the planning commission chair, or the chair's designee, shall sign three (3) copies thereof. One (1) signed copy shall be made a part of the city's files; one (1) copy shall be forwarded to the city engineer; and, one (1) copy shall be returned to the applicant.

c)

Planning commission approval shall expire two (2) years from the date of such approval unless construction has commenced and proceeds satisfactorily.

d)

An applicant may request from the planning commission unlimited one (1) year extensions of the plan approval, provided such request is applied for in writing prior to the date of expiration of plan approval. The planning commission shall grant the request if plan requirements and standards, including those of this article that are reasonably related to the earth change, have not changed.

8.

Amendments. Amendments to an approved stormwater management plan may occur as follows:

a)

The holder of an approved plan shall notify the development official of any proposed amendment to such approved plan.

b)

Minor changes may be approved by the development official upon certification in writing to the planning commission that the proposed revision does not alter the basic design nor any specified conditions of the plan as agreed upon by the planning commission. The development official shall consider the following to be a minor change:

1.

Any change that does not decrease the effectiveness of approved stormwater facilities.

2.

Any change that does not cause an increase in runoff rate and/or volume.

3.

Any change deemed to be minor as determined by the planning commission from time to time.

c)

Should the development official determine that the requested modification to the approved plan is not minor, then the applicant shall submit a new plan for review as required by this article, and any required fees.

9.

Variances. The zoning board of appeals (ZBA) shall have the authority to interpret this article and may grant variances to these requirements provided the variances are consistent with the general purpose and intent of the requirements. The procedural requirements for appeals under article XXII, zoning board of appeals (ZBA) shall be applicable to appeals under this article. In addition to the procedures of XXII, zoning board of appeals (ZBA), when variances are requested from the stormwater management system article, the applicant shall show that stormwater management systems have been provided to the maximum extent feasible with the requirements of this article.

a.

The applicant shall be responsible for maintenance and inspection of stormwater BMP's and management components on a regular basis during construction.

b.

Authorized representatives of the city may enter the project site to conduct onsite inspections at any time during construction.

c.

Construction observation fees shall be based on the cost estimate for the proposed project and per Table XX-02 Schedule of Escrow Required for Observation:

Table XX-02
Schedule of Escrow Required for Observation

If the city determines that a greater amount is appropriate it shall provide the applicant in writing the basis for this determination. Any excess funds remaining in the escrow account after the application has been fully processed, reviewed, and the final city approval and acceptance of the earth change has occurred will be refunded to the applicant with no interest to be paid on those funds.

d.

Inspection/reporting.

1.

The applicant shall notify the city in advance before the commencement of construction. A licensed professional engineer or his or her designee who has been approved by the city shall conduct regular observations of the stormwater facilities construction. All observations shall be documented with brief, written reports prepared, and submitted to the city, the frequency of which shall be determined at the time the plan is approved. The report shall contain the following information:

i)

The date and location of the site visit.

ii)

Recent precipitation events.

iii)

Copies from the NPDES construction site logbook, if applicable.

iv)

Certification that construction is in general compliance with the approved stormwater management plan.

v)

Variations from the approved construction specifications.

vi)

Any violations that exist with a timetable for completing corrective actions or a brief description of corrective actions completed.

2.

If any violations are found, the property owner shall be notified by the city in writing of the nature of the violation and the corrective actions necessary. No additional work shall proceed until all violations are corrected by the applicant and approved by the city.

3.

Should a city observation reveal noncompliance with the approved stormwater management plan, a violation and stop work order may be issued in accordance with Section 78-535, Enforcement.

e.

Maintenance.

1.

Responsibility.

(a)

Maintenance of stormwater facilities shall be the responsibility of the person, persons or entity holding title to the property. These persons or entity are responsible for the continual operation, maintenance, and repair of stormwater facilities and BMPs in accordance with the provisions of this article.

(b)

For privately maintained stormwater facilities, the maintenance requirements specified in this article shall be enforced by the city against the owner(s) of the property served by the stormwater facilities.

2.

Maintenance plan. A maintenance plan, as specified in Section 78-533c., Plan Submittal Requirements, shall include specific maintenance activities for each stormwater facility and any other elements of the approved stormwater management plan. The maintenance plan shall be submitted simultaneously for municipal review with all other required elements of the stormwater management plan.

3.

Record keeping.

(a)

Parties responsible for the operation and maintenance of stormwater facilities shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least five (5) years. These records shall be made available to the city during inspection of the facility and at other reasonable times upon request.

(b)

All stormwater facilities shall be maintained according to the measures outlined in the approved stormwater management plan.

(c)

The person(s) or organization(s) responsible for maintenance shall be designated in the plan. Options include:

(1)

Property owner's association provided that provisions for financing necessary maintenance are included in deed restrictions or other contractual agreements.

(2)

Means of permanent maintenance through agreement with the office of the Clinton County Drain Commissioner or other appropriate governmental agency.

4.

Access. When any new stormwater facilities are installed on private property, or when any new connection is made between private property and a public drainage control system, the property owner shall grant to the city through an easement the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This access includes the right to enter a property when the city has reason to believe that a violation of this article is occurring or has occurred, and to enter when necessary for the abatement of a public nuisance or correction of a violation of this article.

5.

Easements.

a)

The owner shall provide all easements necessary to implement the approved stormwater management plan and maintenance plan and to otherwise comply with this article in form and substance required by the city and/or any other governmental agency assuming authority, and shall record such easements as directed by the city.

b)

The easements shall assure access for proper inspection and maintenance of stormwater facilities in perpetuity and shall provide adequate emergency overland flow-ways.

c)

The maintenance plan shall, among other matters, assure access for proper inspection and maintenance of stormwater facilities and adequate emergency overland flow-ways.

d)

Easement widths will be determined by the city and be situated in such a way as to allow maximum maintenance access. In general, easement widths shall conform to the following:

i)

Open channels and watercourses. A minimum of fifty (50) feet total width. Additional width may be required in some cases, including but not limited to: Watercourses with floodplains delineated by FEMA; sandy soils, steep slopes, at access points from road crossings.

ii)

Open swales (cross lot drainage). A minimum of thirty (30) feet total width.

iii)

Enclosed storm drains. A minimum width of twenty (20) feet will be required, situated in such a way as to allow maximum maintenance access. Additional width will be required in some cases. These may include but are not limited to, pipe depths exceeding four (4) feet from the top of pipe, sandy soils, and steep slopes.

6.

As-built plans. The applicant shall provide as built plans, prepared and certified by a professional engineer to the city engineer.

7.

Upon the city engineer accepting the certified as-built plans and determining that the stormwater facilities appear to have been completed in general accordance with the approved stormwater management plan, the city may release the irrevocable letter of credit, subject to final city acceptance and approval. The city shall retain not less than ten (10) percent of the original face value of the irrevocable letter of credit for a period of one (1) year and one (1) day after the city engineer's designation noted above. The purpose of this retainage is to guarantee that the stormwater facilities perform as designed.

8.

This article shall not be construed or interpreted as relieving an applicant of its obligation to pay all costs associated with onsite private stormwater facilities as well as those costs arising from the need to make other drainage improvements in order to reduce an earth change's impact to property owners and watercourses.

a.

Violations. A person who violates any provision of this article is responsible for a municipal civil infraction, subject to payment of a civil fine as set forth in Section 42-38 of the Code. Repeat offenses under this article shall be subject to increased fines as set forth in Section 42-38 of the Code.

b.

Stop work order.

1.

Stop work order. Where there is work in progress that causes a violation of any provision of this article, the city is authorized to issue a stop work order to prevent further or continuing violations. All persons to whom the stop work order is directed, or who are involved in any way with the work or matter described in the stop work order shall fully and promptly comply with the order. The city may also undertake or cause to be undertaken any necessary measures to prevent violations of this article or to avoid or reduce the effects of noncompliance. The cost of any such protective measures shall be the responsibility of the owner of the property upon which the work is being done and the responsibility of any person carrying out or participating in the work and such cost shall be a lien upon the property until paid.

2.

Emergency measures. When emergency measures are necessary to moderate a nuisance, to protect public safety, health and welfare, or to prevent loss of life, injury or damage to property, the city is authorized to carry out or arrange for all such emergency measures. Property owners shall be responsible for the cost of such measures made necessary as a result of a violation of this article, and shall promptly reimburse the city for all of such costs. Such costs shall be a lien upon the property until paid.

c.

Restoration. Any violator of this article may be required to restore land to its undisturbed condition and/or repair and stabilize damaged areas. In the event that restoration or repairs are not undertaken within a reasonable time after notice, the city may take necessary corrective action the cost of which shall become a lien upon the property until paid.

The city council, by resolution, adopted a watershed map (Attachment A—Watershed Map) on January 13, 2003, which is available for inspection at DeWitt City Hall.