Loading...
0746 Stormwater Quality ManagementORDINANCE NO, AN ORDINANCE OF THE CITY OF CITUBBUCK, IDAHO, REPEALING CHAPTER 8.56, -'STOR?vfWATER QUALITY MANAGEMENT"; ENACTING A NEW CHAPTER 8.56"STORMWATER Ivf�-�NA(3EMENT"; ESTABLISHING REGULATIONS REQUIRING DESIGN, REVIEW, AND APPROVAL PROCESSES FOR STORMWATER MANAGEMENT AND THE APPLICATION OF BEST MANAGEMENT PRACTICES; ADOPTING THE PORTNEUF VALLEY STORMWATER DESIGN MANUAL; PROVIDING FOR MISDEMEANOR PENALITIES FOR VIOLATIONS; REPEALING PRIOR CONTLICTRNG ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISION'S OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF CHAPTER 8.56 NOT AMENDED SHALL REMAIN IN EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK AS FOLLOWS: Section 1: Chapter 8.56 "Stormwater Quality Management" of the Chubbuck Municipal Code is hereby repealed in its entirety. Section 2: The following Chapter 8.56 "Stormwater Management" is hereby adopted-, Chapter 8.56 STORMWATER MANAGENIENT Sections: 8.56.010 TITLE 8.56.020 PURPOSE 8.56,030 DEFINITIONS 8,56.040 APPLICABILITY 8.56,050 STORNRly"ATER M!*iNUAL 8.56.060 REGULATORY CONSISTENCY 8.56.070 EXEMPTIONS AND EXCEPTIONS 8.56.080 STORMWATER SITE PLAN REQUIREMENTS 8.56.090 STORMWATER DESIGN CRITERIA 8.56.100 DRAINAGE EASEMENTS 8.56.110 INSPECTIONS 8,56.120 OPERATIONS AND MAINTENANCE (O&M) 8,56.130 ADMINISTRATIVE ENFORCEMENT 8.56.140 VIOLATIONS CONSTITUTE MISDEMEANORS 8.56.150 VIOLATIONS DEEMED A PUBLIC NUISANCE 8.56.160 NONEXCLUSIVE REMEDIES 8.56.150 VIOLATIONS DEEMED A PUBLIC NUISANCE 8.56.160 NONEXCLUSIVE REMEDIES 8.56.170 DISCLAIMER OF LIABILITY 8.56.010 TITLE. This Chapter shall be known as the STOR.,VfTfATER .1M,�.4GEHE.VT Chapter of this Title. 8.56.020 PURPOSE. The purpose of this Chapter is to: A. Provide for the health, safety, and welfare of the citizens of Chubbuck by establishino, minimum stormwater management requirements consistent with local, federal and state law and the requirements of the City's National Pollutant Discharge Elimination System (NPDES) Pen -nit. B. Protect and enhance the water quality of our watercourses, water bodies, ground-vvater and wetlands in a manner pursuant to and consistent with the Federal Clean Water Act. C, Encourage the recharge of groundwater, where appropriate, and prevent the degradation of groundwater quality. 8.56.030 DEFINITIONS. APPLICANT means a person, party, firm, corporation, owner, or other legal entity that proposes a development, construction or use on a site. BEST MANAGENMENT PRACTICES or BivIPS are the schedules of activities, prohibitions of practices., maintenance procedures, and structural and/or managerial practices that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to receiving waters. BUILDING means any Structure built for the support, shelter or enclosure of persons, animals, uses or property of any kind. CHANNNEL means an open conduit, either naturally or artificially created, which periodically or cont;nUOUSIV contains moving water, or which forms a connectino, link between two (2) bodies of water. CONSTRUCTION means clearing, gradin- and/or excavation or the assembly, placement, or installation of structures, roadways, transmission lines, and other improvements within a project site. C%v'A means the Federal Clean Water Act, Pub. L. 92-500, as amended in Pub. L. 95-217, Pub, L, 95-576, Pub. L. 96-483, and Pub. L. 97-117, 33 U.S.C. 1251 et seq. DESIGN STORM means a prescribed hyetograph or precipitation distribution, and the total precipitation amount for a specific duration recurrence frequency to be used in design calculations. OP�DINANCE -1) - DETENTION means the release of stormwater runoff from the site at a slower rate than it is collected by the stormwater facility system, the difference being held in temporary storage with the goals of controlling peak discharge rates and providing gravity settling of pollutants. DEVELOPMENT means new development, redevelopment, or both. See definitions for each. DISCHARGE means any spilling, leaking, pumping, pouring, emptying, dumping, disposing or other addition of pollutants to UIC wells, waters of the state or City stormwater facilities. DRAINAGEWAY means an open linear depression, whether constructed or natural, which functions for the collection and drainage Of Surface water. It may be permanently or temporarily inundated and may or may not contain aquatic vegetation or aquatic life. EASEMENT is a grant by a property owner to specific persons or to the public to use land for a Specific purpose or purposes. GRADING means any excavation, filling, or combination thereof. [IMPERVIOUS SURFACE means a surface that has been covered with a laver of material so that it is highly resistant to infiltration by water. It includes most conventionally surfaced streets, roofs, sidewalks, driveways, parking lots, patios and other similar structures. INFILTRATION means the downward movement of water from the land Surface to the subsoil. LAND DISTURBING ACTIVITY means any activity that results in movement of earth, or a chanaZn e in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil Z� 1-n topography. Land disturbing activities include, but are not limited to, clearing, grading, filling' and excavation. Compaction associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Vegetation maintenance practices are not considered land disturbinc, activity. MAINTENANCE means any activity that is necessary to keep a stormwater facility in good workinu order so as to function as designed. Maintenance shall include complete reconstruction of a stormwater facility if reconstruction is needed in order to restore the facility to its original operational design parameters. Maintenance shall also include the correction of any problem on the site property that may directly impair the functions of the stormwater facility. MAINTENANCE AGREEMENT means a legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of storm water management practices. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES means the national program for issuing, modifying, revokii-ig, and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, Linder sections 307, 402, 318, and 405 of the Federal Clean Water Act, for the discharge of pollutants to surface waters of the state from point Sources. These permits are referred to as NPDES pennits and, in the State of Idaho, are administered by the U.S. Environmental Protection Agency. ORDINANCE NEW DEVELOPMENT means land disturbing activities, including construction or installation of a building or other structure; creation of impervious surfaces; and subdivision, short subdivision and binding site plans. OWNER(S) or PROPERTY OWNIER(S) means the legal owner or owners of the property. As used herein, owner also refers to, in the appropriate context: (a) any other person authorized to act as the agent for the owner; (b) any person who Submits a stormwater management concept or design plan for approval or requests issuance of a permit, when required, authorizing land development to commence; and (c) any person responsible for complying with an approved stormxvater site plan. PERMANENT STORMWATER BMP means a stormwater best management practice (BN4P) management will be operational after the construction phase of a project and that is designed to become a permanent part of the site for the purposes of managing stormwater runoff. PERSON means any individual, party, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. The singular shall include the plural. POLLUTANT means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, C� 'D I garbage, domestic sewage sludge (biosolids), munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste. This term does not include sewage from vessels within the meaning of section 312 of the CWA, nor does it include dredged or fill material discharged in accordance with a permit issued under section 404 of the CWA. t� PROJECT SITE means that portion of a property, proper -ties, or right-of-way Subject to land disturbing activities, and new or replaced impervious surfaces. PUBLIC as used in this Chapter shall mean any real property, or interest therein, mor belong, -- to the City of Chubbuck or a trust or authorit-v of which the City of Chubbuck is a beneficiary. Public development shall also include private development whenever all or a portion thereof will eventually be dedicated or provided for ownership, operation and/or maintenance to the City of Chubbuck or a public trust or authority of which the City of Chubbuck is a beneficiary. PUBLIC WORKS DIRECTOR means the duly appointed Director of the Chubbuck Department of Public Works or his or her designee. RECEIVING WATER means the body of water or conveyance into which stormwater runoff is discharged. REDEVELOPMENT means, on a site that is already substantially developed, the replacement or improvement of impervious Surfaces, including buildings and other structures, and replacement or improvement of impervious parking and road Surfaces that are not part of a routine maintenance activity. Any new impervious surfaces created by a redevelopment project are Subject to the requirements for new development. RESPONSIBLE PARTY means any individual, partnership, co -partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or a nv other ORDINANCE -4- legal entity, or their legal representatives, agents, or assigns that are named on a stormwater maintenance agreement as responsible for long-term operation and maintenance of one (1) or more stormvvater BMPs. RETENTION means the process of collecting and holding Surface and storm%vater runoff with no surface outflow. SOURCE CONTROL BMPS means physical, structural or mechanical devices or facilities that are intended to prevent pollutants from entering stormwater. I STORMWATER means runoff durino, and following precipitation and snovvmelt events, including surface runoff, drainage and interflow. STORNIWATER CONTROL FACILITIES means any facility, improvement, development, property or interest therein, made, constructed or acquired for the purpose of controlling, or protecting life or property from, any storm, waste, flood or surplus waters wherever located within the City. STREAM means an area where surface waters flow sufficiently to produce a defined channel or bed. A defined channel or bed is an area that demonstrates clear evidence of the passage of water includino, but not limited to, hydraulically sorted sediments, or the removal of vegetative litter or loosely rooted vegetation by the action of moving water. The channel or bed need not contain water year-round. This definition is not meant to include irrigation ditches, canals, stormwater runoff devices or other entirely artificial drainageways, unless they are used to convey streams naturally occur -ring prior to construction. STRUCTURE means anything constructed or erected, even partially, including buildings, I C z1:1 which requires location on the -round or attached to something having a location on the In ground. UNDERGROUND INJECTION CONTROL or UIC or UIC WELL means a manmade subsurface fluid distribution system designed to discharge fluids into the ground and consists of an assemblage of perforated pipes, drain tiles, or other similar mechanisms, or a duo hole that is deeper than the largest surface dimension. A public UIC is one owned, operated, and maintained by the City of Chubbuck and includes the collection system of catch basins, pipes, ditches, or other public infrastructure that collects and conveys stormwater to the UIC. UPLAND FLOW means runoff from lands upslope of a project site. WATERS OF THE STATE includes those waters defined as "waters of the United States" in 40 CFIZ 1212 within the geographic boundaries of the State of Idaho and "waters of the state" as defined by section 339-103, Idaho Code, which is all accumulations of water., surface and underground, natural and artificial, public and private or parts thereof, which arewholtv or partially within, flow through, or border upon this state except for private waters as defined in section 42-212, Idaho Code. WETLAND(S) means that area inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and tinder normal circumstances does support, a prevalence of vegetation typically adapted for life I i in saturated soil conditions. Wetlands do not ORDINANCE - 5 - include those artificial wetlands intentionally created from non-wetland sites unless those artificial wetlands are to mitigate conversion of wetlands, if permitted by the City. 8.56.040: APPLICABILITY. This Chapter is applicable to all land development, including but not limited to applications for ora dino and building permits, site plan applications, and land division applications, unless I -- I= exempt. These provisions apply to any new development or redevelopment site within the City. 8.556.050: STORMWATER MANUAL. Stormwater management practices shall be designed, constructed, and maintained in accordance with the design and sizing criteria in the Portneuf Valley Stormwater Design N4anual (PVSDM), as adopted, and as may be amended from time to time. Where referenced by this Chapter., the Most Current adopted version of the PVSDM is to be used. 8.56.060: REGULATORY CONSISTENCY. This Ordinance shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and the Municipal NPDES Permit and any amendments, revisions or reissuance thereof. No permit or approval issued pursuant to this Ordinance shall relieve a person of the responsibility to secure pen-nits and approvals required for activities regulated by any other applicable rule, code, act, permit or ordinance. 8.56.070: EXEMPTIONS AND EXCEPTIONS. A General Exemptions. The following activities are exempt from this Chapter, provided the project does not include an underground injection control (UIC) facility: 1. Drain tiling, tilling, or planting incidental to agricultural, crops, and harvesting of agricultural, horticultural or sil-vicultural (forestry) crops; 2. Actions by a public utility or other governmental agency to remove or alleviate an emergency condition, restore utility service, or reopen a public thoroughfare to traffic; 3. Change of use permits to less intense or similar uses; 4. Records of survev, minor lot line adjustments, and property atz(iretyatjons, unless the action affects drainaoe tracks or easements; Nfinor land-d'sturbinc, activities that do not require a permit., 6. Permits or applications for projects not physically disturbing the land, 7. Municipal road/parking lot preservation!maintenance projects Such as: a. Pothole and patching-, ORDINANCE - 6 - b. Crack sealing; c. Resurfacing with in-kind material without expanding the area of coverage; d. Overlaying existing asphalt or concrete pavement with bituminous surface treatment (BST), chip seal, asphalt or concrete without expanding the area of coverage; e. Shoulder grading; f. Reshaping* or regrading drainage systems; and g, Vegetation maintenance. S. Operation and maintenance or repair of existing facilities; and 9. Landscaping and maintenance on residential lots (excluding modifications to stormwater I-) drainage/treatment swales) by homeowners, including gardening In B. Flow Control and Treatment Criteria Exemptions. The following activities are exempt from the flow control and treatment criteria (8.56.090(G) and 8.56.090(H) of this Chapter: 1. New and re -development projects adding less than 5,000 square feet of impervious areas and disturbing less than one acre (at full build -out or when all project phases are complete); Single-family residential/duptex building permits without special conditions* 3. Temporary use permits; 4. Underground utility projects that replace the ground surface with in-kind material or materials with similar runoff characteristics; 5. Projects that improve roadway user safety without increasing traffic capacity. Certain safety improvement projects such as sidewalks, bike lanes, bus turnouts and other transit improvements shall be evaluated on a case-by-case basis; 6. Maintenance projects that do not increase the traffic capacity of a roadway or parking area Such as: a. Removing and replacing a concrete or asphalt roadway to base course or suburade or lower without expanding the impervious surfaces; b. Repairing the roadway base or subgrade, c. Overlaying existing gravel with BST, chip seal, asphalt, concrete without expanding the area of coverage, or overlaying BST with asphalt, without expanding the area of coverage. This exemption only applies if the overlaid surface continues to drain to the existing facilities or structures and if: i. the road traffic surface will be subject to an Average Daily Traffic (ADT) VOIUme of less than 7,500 on an urban road or an ADT volume of less than 15,000 vehicles on a rural road, freeway, or limited access control highway, or it- The parking area traffic surface will be subject to less than 40 trip ends per 1,000 square feet of building area or 100 total trip ends. ORDINANCE - 7 - D. Stormwater Site Plan Submittal Criteria Exemptions. The following, activities are exempt from the stormwater site plan submittal criteria (8.56.080) of this Chapter: 1. Sinale-family residentiat/duplex building permits without special conditions; 2. Remodeling permits or tenant improvements that do not add or replace 5,000 or more square feet of impervious surface; 3. Maintenance and repair to any stormwater BMP deemed necessary by the City; 4. Any emergency project that is immediately necessary for the protection of life, property or natural resources; 5. Sidewalk and ADA compliance work; and 6. Landscaping and maintenance on residential lots, including gardening, noncommercial 1:� gardening, agricultural activity, and limited clearing and grading. E. Exceptions. An exception may be granted by the Public Works Director to approve design elements that do not conform to or are not explicitly addressed by the PVSDM. The requirements of the PVSDM represent the minimum criteria for the design of stormwater management systems as required in the City of ChubbUck. Designs that offer a superior alternative to standard measures, or creative means not yet specified in the standards, must be reviewed and approved by the Public Works Director. 8.56.080: STORMNVATER SITE PLAN REQUIREMENTS, A. Site Plan. A land development application shall include a storinwater site plan prepared by an engineer registered in the State of Idaho and submitted to the Public Works Department for review and approval for any proposed land development or redevelopment greater than one acre. 1. Storni-vvater site plans must contain those items identified in the PVSDM stormwater site plan checklist. 2. Failure to submit a stormwater site plan, be -in construction without the Public Works Director's approval of a Submitted stormwater site plan, or implement actions other than those actions described in an approved stormwater site plan shall constitute a violation of this Chapter. B. Submittal Process. The storm-,vater site plan shall be submitted to the City as part of the Land development application. The City may charge a fee in an amount Set by Council Resolution for the permit. The plans shall be reviewed by the City for compliance with the PVSDNI, this Ordinance, and other applicable rules and standards prior to approval. C. Conditions of Approval. The following conditions apply to all approved stormwater site plans: 1. Any modifications to the stormwater site plan shall be submitted to the City for ORDNANCE - 8 - approval. A new stormwater site plan shall be Submitted on request of the City. I Approval of the stormwater site plan submittal does not relieve the owner or responsible party from the duty to ensure the systems and their safety measures function as deshyned. 3. Approval may be suspended or revoked at any time if conditions are not as stated or shown in the approved application or if implementation of the ston-nwater site plan submittal is not proceeding in the approved manner. 4. Approval of a stormwater site plan submittal may be suspended if the project is not completed within a two year period. However, a one year extension may be granted tl upon written request that provides the reason(s) for the delay or cessation of development and specifies a time frame for completion or commencement of development activities. 5. If a stormwater site plan submittal approval is suspended or revoked, the otitii-ier shall be required to submit a new plan for approval, with the requisite fee, prior to starting or continuing the planned project or development. 8.56.090: STORTNIWATER DESIGN CRITERIA, A. General. The design of stormwater BMPs shall consider public health, safety, and general welfare of the City and its citizens. These considerations include, but are not limited to: preventing flooding of structures and travel ways; preventing standing water in facilities, manholes, inlets, and other structures in a manner that promotes the breeding of mosquitoes; preventing attractive nuisance conditions and dangerous conditions due to velocity or depth of water and/or access to orifices and drops; and preventing aesthetic nuisances due to excessive slopes, cuts and fills, and other conditions. All stormtivater facilities and conveyance systems shall be designed in compliance with all applicable state and federal taws and regulations, including the Federal Clean Water Act and all applicable erosion and sediment control and flood plain regulations. All development and redevelopment shall apply Source control BMPs selected, designed, and maintained in accordance with the PVSDNI. B. Entire Project Considered. Residential. commercial or industrial developments shall apply these stormwater criteria to land development as a whole. Individual residential lots in new subdivisions shall not be considered separate land development projects, but rather the entire subdivision shall be considered a single land development project. C. Ownership of Facilities. Storinwater facilities within residential subdivisions that serve multiple lots and/or a combination of tots and roadways shall be on a lot owned and maintained by an entity of common ownership. Stormwater practices located on individual lots shall be maintained by the lot owner, or, at the discretion of the Public Works Director, be placed within an easement and maintained by an entity of common ownership. D. Floodplains, Critical Areas, and Jurisdictional Waters. Construction of stormwater measures or facilities within a Federal Emergency Management A-ency (FEMA) designated floodplain shall be avoided to the extent possible. To the extent practical, In ORDNANCE -9- stormwater facilities shall not be located in areas determined to be jurisdictional waters through Section 404 of the Federal Clean Water Act and/or applicable state regulations. E. Ultimate Land Development Considered. Hydrologic parameters used in calculations shall reflect the runoff conditions for the ultimate land development and shall be used in all engineering calculations. All pre -development calculations shall consider open space, u,00ds and fields to be in good condition, regardless of actual conditions at the time of application. F. All development and redevelopment shall provide the passage of upland flow and site runoff. Conveyance of upland flow shall maintain natural drainage patterns. Discharges from project sites should occur at the natural location to the maximum extent or, where altered, must be situated or directed to where it would have overflowed Linder the conditions existing prior to proposed development. Capacity of the drainage Course downstream of the development may not be exceeded. Design calculations for passage of upland flow and site runoff shall use the 100 -year, 24-hour design storm. G. Site Runoff and Flow Control. Discharges from all new development and redevelopment L� must not cause a significant adverse impact to downstream receiving waters and down- I - gradient properties. Storniv,,ater site plans shall provide for the on-site detention and/or retention of the total water intercepted and collected by the development and the areas (improved or unimproved) lying and draining presently to and through the proposed development, for the design storm unless other natural or manmade systems are available for use. Flow control facilities shall be selected, designed, constructed, operated and maintained consistent with guidance found in the PVSDM, and criteria herein. Site runoff design and flow control facility design calculations for peak flow and peak volume detention requirements shall be based on detention of the post -development condition for the stated design storm, and the contributinc, basin size, where contributing basin size refers to the total area above the inlet or hydraulic element. Peak discharge rates for the post -development condition Must be reduced to at least pre - development rates of the 50 -year '24-hour design storm, and to at least the pre - development rates of the 100 -year 24-hour design storm with a maximum discharge of oe Areas, as designated by the PVSDIVI. 0.1 efs/acre in Special Drainal,, Fl. Treatment. Treatment is required for g discharges to all surface waters of the state, including Z:7 perennial and seasonal streams, lakes and wetlands where the impervious threshold is met. Runoff treatment is also required for discharges of stormwater to around where the vadose zone does not provide adequate treatment capacity as identified in the PVSD,%;I. Stormwater site plans shall provide for the treatment of site runoff for the design storm, as described in the PVSDi\,I. Treatment facilities shall be selected, desioned, constructed, operated and maintained consistent with guidance found in the PVSDM, and criteria herein. C 1. Wetlands. Stormv,-ater treatment facilities are not allowed within a wetland or its natural vegetated buffer, or to provide treatment, except for: 1. Necessary conveyance systems approved by the local government; or 2. As allowed in a wetland mitigation plan. L, ORDINANCE - 10- 8.56.100: DRAINAGE EASEMENTS. Drainage easements shall be required where a development or redevelopment is traversed by a drainageway, channel or stream. The following conditions shall apply to all easements: A. A stormwater easement or drainage right-of-,vay shall conform substantially with the lines of the drainageway, channel or stream. I B. Measures shall be taken to prevent down -gradient impacts as a result of new development or redevelopment where no conveyance system exists at the adjacent down -gradient property line or stream, and the discharge was previously unconcentrated flow or significantly lower concentrated flow. C. Easements may not be obstructed by structures, including fences, or filled. D. Easements shall be of a width for construction, or maintenance, or both., as will be adequate for the purpose. Width must be able to convey the 100 -year, 24-hour storm and shall be no less than 20 feet wide. Parallel streets or parkways may be required in connection therewith. E. The costs of repairs, maintenance, removing structures or other drainage impediments shall be the responsibility of the Grantor. Should the Grantor neglect to do so, easement terms must allow for the City of Chubbuck to perform maintenance and repairs on said stormwater management facility(ies). For the purpose of inspection, maintenance and ID repair, the easement must ensure access from public right-of-way to stormwater facilities and drainageways. F. Easements shall be approved by the City of Chubbuck prior to approval of a final plat or issuance,of a Certificate of Occupancy and shall be recorded with Bannock County and on all property deeds. G. A Deed of Easement shall be recorded prior to the storm�vater certificate of completion. 8.56.110: INSPECTIONS. A. The property owner shall notify the City of Chubbuck when construction has started. Regular inspections of the stormwater management system construction shall be conducted Z� -1 1 by Public Works Director or her/his designee. All inspections shall be documented. If any violations are found, the property owner shall be notified in writing of the nature of the otation and the required corrective actions. No added work shall proceed until any violations are corrected and all work previously completed has received approval by the Public Works Director. 8.56.120: OPERATIONS AND MAINTENANCE (0&781): A. Responsible Party. Owners are responsible for the operation and maintenance of stormwater facilities on their property. B. Requirement for O&M Agreement. If a project requiring a stormwater site plan requires structural or nonstructural measures, the owner shall execute an O&M agreement prior to the ORDINANCE L-./ \-.11 City arantin- final approval of any development plan or other development for which a permit is required under this title. The Stormwater O&M Agreement shall be recorded in the office of the Bannock Countv Clerk and shall run with the land. C. Required Elements for Storn-iwater O&M Agreement. The O&M agreement shall be in a form approved by the City, and shall, at a minimum require the owner of the property, including Successor owners, to maintain the stormwater system on the property so that the system continues to function as planned. It shall include a City approved O&M plan detailing inspection, maintenance and reporting responsibilities. t1- D. Maintenance Responsibility. In accordance with the City approved O&M plan, property owners shall maintain in good condition and promptly repair and restore all structural and nonstructural stormwater BMPs, and all necessary access routes and appurtenances (e.g., graded surfaces, walls, drains, check dams and structures, UlCs, catch basins, pipes, vegetation adjacent to the inlets and within the facility, erosion and sedimentation controls, and other protective devices). E. Maintenance Records Required. The owner or other responsible party shall make at least annual inspections of the facilities and maintain records of such inspections. Most O&M plans will require more frequent inspections. Storuiwater BMP inspection, maintenance and repair records shall be retained by the owner or their designee for a period of five years, and shall be made available to the City upon request. F. Maintenance Inspection by City. The City shall retain the right to conduct periodic inspections for all stormwater BMPs, which shall be documented in writing. The inspection shall document any maintenance and repair needs, and any discrepancies from the stormwater system maintenance agreement. G. Failure to Provide Adequate Maintenance. If the property owner, operator, or successor, falls or refuses to meet the maintenance requirements specified in the O&M plan, the Public Works Director may issue a correction notice and with a minimum of 30 days written notice, complete the necessary maintenance at the owner's/operator's expense. In the event that the violation constitutes an immediate dancer to public health or public safety, 24-hour notice shall be Sufficient. 8.56.130: ADMINISTRATIVE ENFORCEMENT. A. Correction Notice: When the City of Chubbuck determines that an activity is not being -- carried out in accordance with the requirements of this Ordinance, the Public Works Director shall issue a written correction notice to the owner of the property. The correction notice shall contain a description of the remedial measures necessary to bring the development activity into compliance with this Ordinance and a time schedule for the completion of such remedial action; B. Stop Work Order: Persons receiving a correction notice may be required to halt all construction activities. This "Stop work order" will be in effect until the Public Works Director confirms that the development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a '-stop work order- in a timely manner can ORDINANCE - 12 - 'N-./ result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this ordinance. 8.56.140: VIOLATIONS CONSTITUTE MISDEMEANORS. The violation of any provision or failure to comply with any requirement of this Chapter shall constitute a misdemeanor and may be punishable by a fine Lip to one thousand dollars ($1,000.00), imprisonment in the county jail up to six (6) months, or both. Each day on which a violation occurs may constitute a separate criminal offense. 8.56.150: VIOLATIONS DEENIED A PUBLIC NUISANCE. A. In addition to the criminal penalties provided herein above in 8.56.140, any condition caused or permitted to exist in -violation of this Chapter shall be considered a threat to the public health, safety, welfare, and environment, and may be declared and deemed a nuisance by the Citv. B. Any condition deemed a nuisance by the City or other authorized enforcement agent may be summarily abated and/or restored by the City. The cost of abatement and/or restoration shall be borne by the owner of the property and/or the permit holder for the work done on the property, which liability shall be joint and several. Whereupon the City is authorized, pursuant to Idaho Code 50-334, to lien the subject property and/or pursue a civil action in district court to recover the costs incurred by the City to abate the nuisance and/or enjoin or otherwise compel the cessation of such nuisance. 8.56.160: NONEXCLUSIVE REMEDIES. All remedies and penalties under this Chapter are in addition to, and do not supersede or limit, any and all other remedies and penalties, both civil and criminal. The remedies and penalties provided for herein shall be cumulative and not exclusive. 8.56.170: DISCLAIMER OF LIABILITY. The degree of protection required by this Chapter is considered reasonable for recyttlatory purposes and is based on scientific, engineering, and other relevant technical considerations. The standards set forth herein are minimum standards and this Chapter does not imply that compliance will ensure against all unauthorized discharges of pollutants. This Chapter shall not create liability on the part of the City, any agent or employee thereof for any damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder, except as other -wise provided and limited pursuant to the Idaho Tort Claims Act. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this ORDINANCE �/ N%.001 Ordinance are repeated to the extent Of Such conflict. All other sections of Chapter 17.16 not herein amended shall remain in effect. Section 2. Severabilitv. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remainin,, sections. -- Section 3. Effective Date. The rule requiring an ordinance to be read on three separate Z) days, r I I a� s, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval and publication, PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this �fi&' day of Alt 12015 Kevin B. Engla441a"( ATTEST: Richard Morg-an,- C ' Clerk t ORDINANCE - 14- 7-7 SUMMARY OF ORDINANCE NO. / An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, repealing Chapter 8.56, "Storrnwater Quality -- Management"; enacting a new Chapter 8.56 Management"; `°Stormwater 1%4ana-ement". establishing regulations requiring design, review, and approval processes for stormwater management and the application of best management practices; adopting the Portneuf Valley Storivvater Design Manual; providing for misdemeanor penalties t) -- Z� for violations; providing for the repeal of conflicting ordinances;roviding for the severability p ZD of the provisions of this ordinance; providing when this ordinance shall be in effect. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing stimman, and believe it provides a true and correct surnmary of Ordinance No. %t-1 4 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this SUMMARY OF ORDINANCE - Page I chubbuck 051115 Ord sum stm wtr mgrnt vipd VL day of � -r 2015-. Thomas J. Holmes, City Attornev