(a)

Land development projects and associated increases in impervious cover alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition; this stormwater runoff contributes to increased quantities of water-borne pollutants; and stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from development sites. Therefore, the city establishes this set of water quality and quantity policies applicable to all surface waters to provide reasonable guidance for the regulation of stormwater runoff for the purpose of protecting local water resources from degradation. It is determined that the regulation of stormwater runoff discharges from land development projects and other construction activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will prevent threats to public health and safety.

(b)

The purpose of this article is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. This article seeks to meet that purpose through the following objectives:

(1)

Minimize increases in stormwater runoff from any development in order to reduce flooding, siltation, increases in stream temperature, streambank erosion and maintain the integrity of stream channels;

(2)

Minimize increases in nonpoint source pollution caused by stormwater runoff from development which would otherwise degrade local water quality;

(3)

Minimize the total annual volume of surface water runoff which flows from any specific site during and following development to not exceed the pre-development hydrologic regime;

(4)

Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management controls and to ensure that these management controls are properly maintained and pose no threat to public safety;

(5)

Provide a guideline of minimum stormwater requirements for developers and property owners;

(6)

Assist in maintaining eligibility in the National Flood Insurance Program.

(Code 1993, pt. III, ch. 6, § 1)

(a)

This article shall be applicable to all projects causing an increase in stormwater runoff quantity by the addition of impervious surfaces, unless eligible for an exemption or granted a variance by the city under the specifications of this chapter. This 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 though multiple separate and distinct land development activities may take place at different times on different schedules.

(b)

To prevent the adverse impacts of stormwater runoff, the city has developed a set of performance standards that must be met at new development and redevelopment sites. These standards apply to any construction activity disturbing one acre or more and to construction activity disturbing less than one acre that increases the amount of impervious area by ten percent. The following activities may be exempt from these stormwater performance criteria:

(1)

Any logging and agricultural activity which is consistent with an approved soil conservation plan or a timber management plan prepared or approved by the state or other applicable regulatory authority, as applicable;

(2)

Single-family structures if the lot is not part of a common development; additions or modifications to existing single-family structures;

(3)

Developments that do not disturb more than one acre of land and do not increase the amount of impervious surface area by at least ten percent, provided the developments are not part of a larger common development plan. Documentation must be provided by the developer or his qualified representative as determined by the city;

(4)

Repairs to any stormwater treatment practice deemed necessary by and/or approved by the city.

(c)

When a site development plan is submitted that qualifies as a redevelopment project, decisions on permitting and on-site stormwater requirements shall be governed by this section. These stormwater requirements are dependent on the amount of increase in stormwater runoff created by the redevelopment and its impact on water quality. Final authorization of all redevelopment projects will be determined after a review by city marshal. In no case shall the stormwater runoff be increased by more than one cubic foot per second for a ten-year frequency storm event, without providing adequate stormwater management.

(Code 1993, pt. III, ch. 6, § 2)

This article is not intended to interfere with, abrogate, or annul any other section of the chapter, rule or regulation, statute, or other provision of law. The requirements of this article should be considered minimum requirements, and where any provision of this article imposes restrictions different from those imposed by any other section of this chapter, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.

(Code 1993, pt. III, ch. 6, § 3)

No landowner or operator shall receive any of the permits required without first meeting the requirements of this chapter prior to commencing the proposed activity.

(Code 1993, pt. III, ch. 6, § 4)

(a)

Unless specifically excluded by this chapter, any landowner or operator desiring a stormwater management permit for a land disturbance activity shall submit to the city a permit application on the form provided for that purpose.

(b)

Unless otherwise accepted by this chapter, a permit application must be accompanied by the following in order for the permit application to be considered:

(1)

A stormwater management concept plan;

(2)

A maintenance agreement; and

(3)

A nonrefundable permit review fee.

The stormwater management concept plan shall be prepared to meet the requirements of this chapter, the maintenance agreement shall be prepared to meet the requirements of this chapter, and fees shall be those established by the city commission by ordinance.

(Code 1993, pt. III, ch. 6, § 5)

The fee for review of any land development application shall be based on the amount of land contained within the entire tract of land on which the new development or redevelopment is to be constructed.

(Code 1993, pt. III, ch. 6, § 6)

The community development department is designated responsible for the administration of this chapter. The community development department or its authorized representative in cooperation with the city engineer shall be responsible for reviewing and approving/denying the development plans, on-site inspections of construction and maintenance, and initiation of enforcement actions when violations occur. The following procedures and/or requirements shall be followed:

(1)

Application submittal. The owner-developer or design engineer shall submit three copies of plans and three sets of computations to the community development department.

(2)

Application fees. A fee shall be charged for review of each application, according to the schedule of fees and charges.

(3)

Review. The community development department will review plans and computations for compliance with this article. A decision will be made within 45 days from time of submittal.

(4)

Disapproval. Plans not meeting all requirements will be disapproved. Disapproved plans will be returned along with a statement as to reasons for disapproval. After plans are revised they shall be resubmitted to the community development department for review. There is no fee for review of resubmitted plans if resubmittal is within 30 calendar days of initial submittal.

(5)

Approval. After approval, one approved copy of the plans and one copy of the computations will be returned to the design engineer or owner/developer. One copy of the approved plan and computations shall remain on file in the office of the community development department.

(Code 1993, pt. III, ch. 6, § 7)

(a)

The community development department or its authorized representative or any other authorized city representative shall make inspections as necessary to determine if construction and maintenance conforms to the plans, studies and other related ordinances.

(b)

No person shall refuse entry or access to any authorized city representative who requests entry for purposes of making inspections, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out their official duties.

(Code 1993, pt. III, ch. 6, § 8)

(a)

If, through inspection, it is determined that construction or maintenance does not comply with the plans or the developer has not complied with other requirements of this chapter, a written notice to comply shall be served upon the developer. The notice shall set forth the deficiencies and actions necessary to comply with the plans or other requirements of this article, and shall state the time, not to exceed 30 days, within which such actions must be completed.

(b)

If the developer fails to comply within the stated time, he will be deemed in violation of this article.

(Code 1993, pt. III, ch. 6, § 9)

The community development department, or its designee, may, upon any owner/developer being deemed in violation, cause enforcement and penalty provisions to be enacted as described in this chapter.

(Code 1993, pt. III, ch. 6, § 10)

In the event the owner/developer and the community development department cannot reach a satisfactory resolution to disputed points within the drainage plans, the plans shall be deemed disapproved by the community development department. The community development department shall immediately notify the owner/developer in writing of such disapproval. The owner/developer shall have ten days from the community development department's notice of disapproval to file an appeal to be submitted to the city manager. If such action is not taken within a ten-day period, the owner/developer shall forfeit the right to appeal as provided in this section and the plans will be deemed disapproved until plans have been revised and resubmitted to the community development department for a review.

(1)

Step 1. Appeals submitted to the city manager shall be written for presentation which supports the owner's/developer's position as to why certain regulations should be waived or modified, or other reason why the owner/developer disagrees with the decision of the community development department disapproving said plans and/or computations. Upon receipt of the appeal, the city manager will review and meet with both the community development department and the owner/developer and hear both sides. Following the presentation, the city manager will render a decision within 15 days.

(2)

Step 2. Following receipt of the city manager's decision, the owner/developer has 15 days to appeal the city manager's decision to the city commission. The notice of appeal shall be filed with the city clerk. The appeal to the city commission shall be on the evidentiary record as developed before the appeal to the city commission. The city commission shall not hear or allow additional evidence. The owner/developer and the city manager may submit a written argument or brief and may request oral argument. The decision to grant or deny oral argument shall be at the discretion of the city commission.

(3)

Review and decision. The city commission shall review the record and evidence at either a special called meeting or a regularly scheduled meeting within 30 days of the filing of the notice of appeal. The city commission shall render a decision within a reasonable period of time thereafter. The decision of the city commission shall be the final decision of the city.

(4)

Appeals. Any person aggrieved by a decision or order of the city, after exhausting his administrative remedies, shall have the right to appeal de novo to the superior court of the county.

(Code 1993, pt. III, ch. 6, § 11)

Unless judged by the city to be exempt or granted a waiver, the following performance criteria shall be addressed for stormwater management at all sites:

(1)

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.

(2)

All stormwater runoff generated from new development shall not impact a jurisdictional wetland or local water body. Where such discharges are proposed, the impact of the proposal on wetland functional values shall be assessed using a method acceptable to the U.S. Army Corp of Engineers. In no case shall the impact on functional values be any less than allowed by the U.S. Army Corp of Engineers (ACE).

(3)

The proposed improvements shall, if possible, promote infiltration through the use of structural and nonstructural methods. The proposed improvements shall, if possible, mimic the post development site annual groundwater recharge rates to the pre-development site annual groundwater recharge rate.

(Code 1993, pt. III, ch. 6, § 13)

(a)

Minimum control requirements. Unless the city grants the applicant a waiver or the applicant is exempt from the requirements, this article shall control the release of stormwater runoff. All new developments or redevelopments shall provide controlled release of stormwater runoff generated by the two-year, five-year, ten-year, 25-year, 50-year and 100-year 24-hour frequency storm events. The peak release rate of stormwater runoff from a new development or redevelopment shall not exceed the peak stormwater runoff rate of the pre-developed site for all storm intensities listed above. In addition, if hydrologic or topographic conditions warrant greater control than that provided by the minimum control requirements, the city reserves the right to impose any and all additional requirements deemed necessary to control the volume, time and rate of runoff.

(b)

Site design feasibility. Stormwater management practices for a site shall be chosen based on the physical conditions of the site. Among the factors that should be considered are:

(1)

Topography.

(2)

Maximum drainage area.

(3)

Depth to water table.

(4)

Soils.

(5)

Slopes.

(6)

Terrain.

(7)

Location in relation to environmentally sensitive features or ultra-urban areas.

(c)

Conveyance issues. All stormwater management practices shall be designed to convey stormwater to allow for the maximum removal of pollutants and reduction in flow velocities. This shall include, but not be limited to:

(1)

Maximizing flow paths from inflow points to outflow points;

(2)

Protection of inlet and outfall structures;

(3)

Elimination of erosive flow velocities;

(4)

Providing of underdrain systems, where applicable.

(d)

Maintenance agreements. All stormwater treatment practices shall have an enforceable operation and maintenance agreement to ensure the system functions as designed. This agreement will include any and all maintenance easements required to access and inspect the stormwater treatment practices, and to perform routine maintenance as necessary to ensure proper functioning of the stormwater treatment practice. In addition, a legally binding covenant specifying the parties responsible for the proper maintenance of all stormwater treatment practices shall be secured prior to issuance of any stormwater management permits.

(e)

Nonstructural stormwater practices. The use of nonstructural stormwater treatment practices is encouraged in order to minimize the reliance on structural practices.

(Code 1993, pt. III, ch. 6, § 14)

(a)

Two hydrological methods for computing surface runoff are hereby adopted:

(1)

The rational method (shall not be used on sites greater than 25 acres).

(2)

U.S. Department of Agriculture Soil Conservation Service Technical Release No. 55(TR-55), An Urban Hydrology for Small Watersheds.

(b)

Alternative computer models may be utilized if such models are approved in advance of application submittal to the city.

(c)

The runoff coefficient for a development site in its natural undeveloped state (having no impervious areas) shall be assigned a runoff coefficient for woodlands land use for the natural slope and soil present on the property, but in no case shall the coefficient exceed 0.30.

(d)

The rainfall intensity for the various storm frequencies is defined by the rainfall intensity duration curves for the city as published in the Manual for Erosion and Sediment Control in Georgia, state soil and water conservation commission, latest edition, or other locally developed, approved and accepted intensity curves.

(Code 1993, pt. III, ch. 6, § 15)

(a)

Scale. The site plan shall be drawn on a scale of one inch equals 50 feet (maximum). Other scales may be acceptable if pre-approved by the community development department. North arrow shall be provided.

(b)

Contours. The site plan shall illustrate both existing and proposed contours on a one foot increment.

(c)

Elevation datum. Elevation data relative to mean sea level shall be provided on a site plan.

(d)

Spot elevations. Grate, throat and invert elevations shall be provided for all storm drainage structures.

(e)

Drainage basins.

(1)

Earthen slopes shall not exceed three to one.

(2)

Wet detention basins shall have a permanent pool depth of not less than four feet to reduce bottom vegetation growth.

(3)

Dry basins must be designed with access to allow for efficient maintenance of the basin bottom and side slopes.

(4)

An overall map of the drainage area of study with total acreage.

(5)

The calculations shall clearly show how the times of concentrations were determined.

(6)

V-notched weir, rectangular weir or orifice outlets are recommended to achieve detention storage.

(7)

Design data for storage volume and detention outlet requirements shall be submitted and approved.

(8)

The principal outlet must convey the 100-year storm flow without emergency overflow. However, design peak flow can be exceeded and because outlet structures can become partially blocked, an emergency overflow must be provided. The emergency overflow should direct flows to minimize property damage and avoid risk to people.

(9)

Where discharge velocities exceed five feet per second, riprap shall be provided. Where riprap is not desirable, energy dissipation devices of concrete may be utilized.

(f)

Details. The engineering drawings shall contain construction details of the drop inlets, catch basins, junction boxes, headwalls, spillways, outlet control structures, basin dam, etc.

(g)

Fencing. Permanent chainlink fencing of at least six feet in height shall be installed around all detention facilities having a maximum water depth greater than four feet in depth. Fencing shall include a lockable gate of adequate width to allow access for maintenance equipment and labor.

(h)

Floodplain. The site plan shall exhibit the limits and flood elevation (if published by FEMA) of the 100-year floodplain.

(i)

Engineers seal. All required plans, computations, studies, etc., shall have the seal and signature of the design engineer, who shall be a professional engineer registered to practice in the state.

(Code 1993, pt. III, ch. 6, § 16)

No application for development will be approved unless it includes a stormwater management plan detailing in concept how runoff and associated water quality impacts resulting from the development will be controlled or managed. This plan must be prepared by an individual approved by the city and must indicate whether stormwater will be managed on-site or off-site and, if on-site, the general location and type of practices. The stormwater management plan shall be referred for comment to all other interested agencies, and any comments must be addressed in a final stormwater management plan. This final plan must be signed by a licensed professional engineer (PE), who will verify that the design of all stormwater management practices meet the submittal requirements. No other permits shall be issued until a satisfactory final stormwater management plan, or a waiver thereof, has undergone a review and been approved by the city after determining that the plan or waiver is consistent with the requirements of this article.

(Code 1993, pt. III, ch. 6, § 17)

A stormwater management concept plan shall be required with the permit application and will include sufficient information (e.g., maps, hydrologic calculations, etc.) to evaluate the environmental characteristics of the project site, the potential impacts of all proposed development of the site, both present and future, on the water resources, and the effectiveness and acceptability of the measures proposed for managing stormwater generated at the project site. The intent of this conceptual planning process is to determine the type of stormwater management measures necessary for the proposed project, and ensure adequate planning for management of stormwater runoff from future development. To accomplish this goal the following information shall be included in the concept plan:

(1)

Maps. A map (or maps) indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural stormwater management and sediment control facilities. The map will also clearly show proposed land use with tabulation of the percentage of surface area to be adapted to various uses; drainage patterns; locations of utilities, roads and easements; the limits of clearing and grading; and a written description of the site plan and justification of proposed changes in natural conditions may also be required.

(2)

Engineering analysis. Sufficient engineering analysis to show that the proposed stormwater management measures are capable of controlling runoff from the site in compliance with this article and other applicable regulations.

(3)

Inventory of natural resources. A written or graphic inventory of the natural resources at the site and surrounding area as it exists prior to the commencement of the project and a description of the watershed and its relation to the project site. This description should include a discussion of soil conditions, forest cover, topography, wetlands, and other native vegetative areas on the site. Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development.

(4)

Maintenance. A written description of the required maintenance burden for any proposed stormwater management facility.

(5)

Concept plan. The city may also require a concept plan to consider the maximum development potential of a site under existing zoning, regardless of whether the applicant presently intends to develop the site to its maximum potential.

For development or redevelopment occurring on a previously developed site, an applicant shall be required to include within the stormwater concept plan measures for controlling existing stormwater runoff discharges from the site in accordance with the standards of this article to the maximum extent practicable.

(Code 1993, pt. III, ch. 6, § 18)

After review of the stormwater management concept plan, and modifications to the plan as deemed necessary by the community development department, a final stormwater management plan must be submitted for approval. The final stormwater management plan, in addition to the information from the concept plan, shall include all of the information required in the final stormwater management plan. This includes:

(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 properties affected.

(2)

Topographic base map. A one inch equals 200 feet topographic base map of the site which extends a distance as determined by the design engineer beyond the limits of the proposed development and indicates existing surface water drainage, including streams, ponds, culverts, ditches, and wetlands; current land use, including all existing structures; locations of utilities, roads, and easements; and significant natural and manmade features not otherwise shown which may have an impact or be impacted by the proposed project.

(3)

Calculations. Hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in this article. Such calculations shall include:

a.

Description of the design storm frequency, intensity and duration;

b.

Time of concentration;

c.

Soil curve numbers or runoff coefficients;

d.

Peak runoff rates and total runoff volumes for each watershed area;

e.

Infiltration rates, where applicable;

f.

Culvert capacities;

g.

Flow velocities;

h.

Data on the increase in rate and volume of runoff for the design storms; and

i.

Documentation of sources for all computation methods and field test results.

(4)

Soils information. If a stormwater management control measure depends on the hydrologic properties of soils (e.g., infiltration basins), then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil boring or soil pits shall be determined based on what is needed to determine the suitability and distribution of soil types present at the location of the control measure.

(5)

Maintenance and repair plan. The design and planning of all stormwater management facilities shall include detailed maintenance and repair procedures to ensure their continued function. These plans will identify the parts or components of a stormwater management facility that need to be maintained and the equipment and skills or training necessary. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures shall be included in the plan.

(6)

Landscaping plan. The applicant must present a detailed plan for management of vegetation at the site after construction is finished, including who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved.

(7)

Maintenance easements. The applicant must ensure access to all stormwater treatment practices at the site for the purpose of inspection and repair by securing all the maintenance easements needed on a permanent basis. These easements will be recorded with the plan and will remain in effect even with transfer of title to the property.

(8)

Maintenance agreement. The applicant must execute an easement and an inspection and maintenance agreement binding on all subsequent owners of land served by an on-site stormwater management measure in accordance with the specifications of this article.

(9)

Erosion and sediment control plans for construction of stormwater management measures. The applicant must prepare an erosion and sediment control plan in accordance with the city soil erosion and sedimentation control ordinance.

(10)

Other environmental permits. The applicant shall ensure that all other applicable environmental permits have been acquired for the site prior to approval of the final stormwater design plan.

(Code 1993, pt. III, ch. 6, § 19)

The city may, at its discretion, require the submittal of a performance security or bond prior to issuance of a permit in order to ensure that the stormwater practices are installed by the permit holder as required by the approved stormwater management plan. The amount of the installation performance security shall be the total estimated construction cost of the stormwater management practices approved under the permit, plus 25 percent. The performance security shall contain forfeiture provisions for failure to complete work specified in the stormwater management plan. The installation performance security shall be released in full only upon submission of as-built plans and written certification by a professional engineer registered in the state that the stormwater practice has been installed in accordance with the approved plan and other applicable provisions of this article. The city will make a final inspection of the stormwater practice to ensure that it is in compliance with the approved plan and the provisions of this article. Provisions for a partial pro rata release of the performance security based on the completion of various development states can be done at the discretion of the city.

(Code 1993, pt. III, ch. 6, § 20)

(a)

The applicant must notify the community development department in advance before the commencement of construction. Regular inspections of the stormwater management system construction shall be conducted by the city or its designee who has been approved by the city. All inspections shall be documented and written reports prepared that contain the following information:

(1)

The date and location of the inspection;

(2)

Whether construction is in compliance with the approved stormwater management plan;

(3)

Variations from the approved construction specifications;

(4)

Any violations that exist.

(b)

If any violations are found, the property owner shall be notified in writing of the nature of the violation and the required corrective actions. No additional work shall proceed until any violations are corrected and all work previously completed has received approval by the city.

(Code 1993, pt. III, ch. 6, § 21)

All applicants are required to submit actual as-built plans for any stormwater management practices located on-site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer registered in the state. A final inspection by the city is required before the release of any performance securities can occur and before a certificate of occupancy is issued by the city.

(Code 1993, pt. III, ch. 6, § 22)

(a)

Maintenance easement. Prior to the issuance of any permit that has a stormwater management facility as one of the requirements of the permit, the applicant or owner of the site must execute a maintenance easement agreement that shall be binding on all subsequent owners of land served by the stormwater management facility. The agreement shall provide for access to the facility at reasonable times for periodic inspection by the city, or their contractor or agent, and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this article. The easement agreement shall be recorded by the developer at no expense to the city.

(b)

Maintenance covenants. Maintenance of all stormwater management facilities shall be ensured through the creation of a formal maintenance covenant that must be approved by the city and recorded prior to final plan approval. As part of the covenant, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the stormwater management facility. The covenant shall also include plans for periodic inspections to ensure proper performance of the facility between scheduled cleanouts.

(c)

Requirements of maintenance covenants. All stormwater management facilities must undergo, at the minimum, an annual inspection to document maintenance and repair needs and ensure compliance with the requirements of this article and accomplishment of its purposes. These needs may include removal of silt, litter and other debris from all catch basins, inlets and drainage pipes, grass cutting and vegetation removal, and necessary replacement of landscape vegetation. Any maintenance needs found must be addressed in a timely manner at the expense of the owner, as determined by the city, and the inspection and maintenance requirement may be increased as deemed necessary to ensure proper functioning of the stormwater management facility.

(Code 1993, pt. III, ch. 6, § 23)

Inspection programs may be established on any reasonable basis, including, but not limited to, routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the NPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater treatment practices.

(Code 1993, pt. III, ch. 6, § 24)

When any new drainage control facility is 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 the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this article is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this article.

(Code 1993, pt. III, ch. 6, § 25)

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

(Code 1993, pt. III, ch. 6, § 26)

If a responsible party fails or refuses to meet the requirements of the maintenance covenant, the city, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the stormwater management facility becomes a danger to public safety or public health, the city shall notify the party responsible for maintenance of the stormwater management facility in writing. Upon receipt of that notice, the responsible person shall have ten days to correct, repair and/or replace the facility in an approved manner. After proper notice, the city may assess the owners of the facility for the cost of repair work and any penalties; and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes by the county.

(Code 1993, pt. III, ch. 6, § 27)

Any development activity that is commenced or is conducted contrary to this chapter may be restrained by injunction or otherwise abated in a manner provided by law.

(Code 1993, pt. III, ch. 6, § 28)

When the city determines than an activity is not being carried out in accordance with the requirements of this chapter, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:

(1)

The name and address of the owner or applicant;

(2)

The address, when available, or a description of the building, structure or land upon which the violation is occurring;

(3)

A statement specifying the nature of the violation;

(4)

A description of the remedial measures necessary to bring the development activity into compliance with this article and a time schedule for the completion of such remedial action;

(5)

A statement of the penalties that shall or may be assessed against the person to whom the notice of violation is directed;

(6)

A statement that the determination of violation may be appealed to the city by filing a written notice of appeal within 15 days of service of notice of violation.

(Code 1993, pt. III, ch. 6, § 29)

Persons receiving a notice of violation will be required to halt all construction activities. This stop-work order will be in effect until the city confirms that the development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.

(Code 1993, pt. III, ch. 6, § 30)

In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this article shall be punished by a fine of not less than $500.00 or by imprisonment for a period not to exceed five days, or both such fine and imprisonment. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues.

(Code 1993, pt. III, ch. 6, § 31)

Any violator may be required to restore land to its undisturbed condition. In the event that restoration is 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.

(Code 1993, pt. III, ch. 6, § 32)

Occupation certificates will not be granted until corrections to all stormwater practices have been made and accepted by the city.

(Code 1993, pt. III, ch. 6, § 33)

Any person who violates any provisions of this article, or any permit condition or limitation established pursuant to this chapter, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the director issued as provided in this article, shall be liable for a civil penalty not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this article, notwithstanding any provisions in any city Charter to the contrary, municipal courts shall be authorized to impose penalties not to exceed $2,500.00 for each violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations of county ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this article under county ordinances approved under this chapter shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which violation or failure or refusal to comply continues shall be a separate violation.

(Code 1993, pt. III, ch. 6, § 34)

(a)

Disclaimer. This check list is to serve as a guide to the design professional to aid in plan submittal. Additional information not shown on this list may be required.

(b)

Submittal check list.

(1)

Stormwater management permit application filled out completely and signed.

(2)

Plan review fee submitted.

(3)

Maintenance agreement—If applicable.

(4)

Three sets of plans—Three sets of calculations submitted.

(5)

Pre- and post-development stormwater calculations provided.

(6)

If post-development runoff exceeds pre-development runoff, then stormwater detention is required.

(c)

Plan review check list.

(1)

Project name, owner's/developer's name, address, telephone number, location map and 24-hour erosion control contact name and telephone number shown on cover sheet.

(2)

North arrows and scales shown on all applicable plan sheets.

(3)

Total site acreage and disturb acreage clearly shown on the plans.

(4)

Existing and proposed contours shown at one-foot interval.

(5)

All existing and proposed features clearly shown.

(6)

Areas for all types of existing and proposed ground covers and runoff coefficient used for each.

(7)

Grate, throat, and invert elevations of existing and proposed drainage structures.

(8)

Maximum water elevation and footprint for the 100-year storm event.

(9)

Construction details for drainage structures and outlet control structures.

(10)

Fencing around detention pond where applicable.

(11)

Identify the project receiving waters and describe adjacent areas such as streams, lakes, residential area, etc., which might be affected.

(12)

Show certification number, signature and seal of qualified plan designer and provide Level II Introduction to Design Certification (House Bill 285) after December 31, 2006.

(d)

Calculations review check list.

(1)

Project name, owner's/developer's name, address, telephone number and 24-hour erosion control contact name and telephone number shown on cover sheet.

(2)

Statement of existing conditions, including ground covers, buildings, paved areas, drainage patterns, soil types, etc.

(3)

Statement of proposed improvements, including ground covers, buildings, paved areas, drainage patterns, soil types, etc.

(4)

Statement of method utilized to determine surface runoff, including intensities used for each storm, runoff coefficients used for various ground covers, time of concentrations, and stage-storage relationship.

(5)

Summary of pre-developed and post-developed runoff rates for the two-, five-, ten-, 25-, 50-, and 100-year storm events.

(6)

Pipe sizing calculations.

(7)

Show certification number, signature and seal of qualified plan designer.

(Code 1993, pt. III, ch. 6, § 35)