Home Builders Assocation of Iowa Ordinance RequestHBAI
Home Builders Association of Iowa
3072 104th St. • Urbandale, Iowa 50322 • Phone: (515) 278-0255 • Fax: (515) 278-9626
info@hbaiowa.org • www.hbaiowa.org
2007 Officers
President
Keith Butz
Mem
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la` Vice President
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Rich Fitch ~
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2"a Vice President C ~„!~
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wiu;e Delfs To: Mayor, City of Dubuque ~ =
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Immediate Past President
Storm Water Compliance Dept. '~' ~
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Gary Werle ~s <D
From: Flora A Schmi ~ w
Treasurer
Brad Schulte
E'XOCUtlve OffiC ~
Secretary cc: Sheila Hefei
Doug Mayo
State Representative Date: April 12 2007
Donald M. Beal Jr.
National Director Re: Model Ordinance Storm Water Post Construction
Steve Shuey
Alternate National
Director The Home Builders Association of Iowa in partnership with the National
Sheila Hefei
Association of Home Builders and Attorney Chuck Becker (Belin Law
Associate Firm
Des Moines) with consultation with several engineers
builders
National Director ,
,
,
developers and the Iowa Dept. of Natural Resources has developed a
Jim Wolters
Storm Water Post Construction Model Ordinance in compliance with
Alternate Associate the Federal Clean Water Act NPDES requirements.
National Director
Larry DeBuse
A copy of the model ordinance is included for your usage. If you prefer to
BUILDlPAC Trustee receive an electronic version of this model ordinance, please contact my
Jerry Cable, Sr.
office via email at info cr,hbaiowa.org and I shall forward to you.
Appointed Members
Boyd Crosby
Make Farr
On behalf of the Home Builders Association of Iowa and our 12 local
LaDonna Gratias affiliated associations and chapters
we encourage you to pass the
Jeff Tegeler ,
ordinance to satisfy the requirements of the NPDES permit.
General Counsel
Charles walker If you have additional questions, please feel free to contact me directly at
Executive Officer the HBA of Iowa office 515 278 0255 phone, 515 210 4800 cell or email
Flora A. sehmiat info(c~hbaiowa.org.
Operations Coordinator
Julie Fellet
Affiliated With
~~
N TIONAI, ASSOCIATION
OF HOME BUILDEIIS
POST-CONSTRUCTION STORM WATER MANAGEMENT
MODEL ORDINANCE
CHAPTER ,POST-CONSTRUCTION STORM WATER MANAGEMENT.
SECTION 1. FINDINGS
1.1. The U.S. EPA's National Pollutant Discharge Elimination System ("NPDES")
permit program ("Program") administered by the Iowa Department of Natural
Resources ("IDNR") requires that cities meeting certain demographic and
environmental impact criteria obtain from the IDNR an NPDES permit for the
discharge of stone water from a Municipal Separate Stone Sewer System (MS4)
(the "MS4 Permit"). The City of ("City") is subject to the Program and
is required to obtain, and has obtained, an MS4 Permit. The City's MS4 Permit is
on file at the office of the city clerk and is available for public inspection during
regular office hours.
1.2. As a condition of the City's MS4 Permit, the City is obliged to develop,
implement and enforce a program to address storm water runoff from new
construction and reconstruction projects for which storm water permit .coverage is .
required by adopting a POST-CONSTRUCTION STORM WATER
MANAGEMENT ORDINANCE designed:
1.2.1. To require water quality and quantity components be considered in the
design of new construction and implemented when practical; and
1.2.2. To promote the use of storm water detention and retention, grass swales,
bioretention swales, riparian buffers and proper operation and
maintenance of these facilities; and
1.2.3 To prohibit construction activities from commencing until the plans for
post-construction runoff controls have been reviewed and approved by the
City; and
1.2.4 To require the City to have responsibility for inspection, monitoring and
enforcement procedures to promote compliance with State NPDES
General Permits #2 which require post-construction compliance by
applicants ("Applicants").
1.3. No state or federal funds have been made available to assist the City with
inspections, monitoring and/or enforcing the Program. Accordingly, the City
shall fund its inspection, monitoring and enforcement responsibilities entirely by
fees imposed on the owners of properties which are made subject to the Program
by virtue of state and federal law, and/or other sources of funding established by a
separate ordinance.
1.4 Terms used in this ordinance shall have the meanings specified in the Program
and in the City's Construction Site Erosion and Sediment Control Ordinance
(COSESCO).
SECTION 2. PROCEDURE FOR POST-CONSTRUCTION
2.1 Each Applicant who is required to have coverage under General Permit No. 2 for
a site shall install post-construction storm water management facilities as set forth
herein and as approved by the City during site plan review.
2.2 Each Applicant or its successor person(s) or entity (which may be the City) shall
be responsible for maintaining all storm water management facilities as approved
by the City.
2.3 For sites equal to or greater than one acre, each Applicant must provide to the
City an as-built certification that storm water management facilities were built as
stated in a SWPPP that includes the site. For sites less than one acre that are part
of a common plan of development and for which the Applicant establishes that
storm water management facilities were or will be built to address all properties
(either collectively or individually) within the development, each Applicant must
provide to the City a copy of the Notice of Discontinuation for General Permit
No. 2 applicable to the property.
2.4 Each Applicant must include in their site design those storm water management
facilities that will convey drainage through the property to one or more detention
and/or treatment areas such that no development shall cause downstream property
owners, water courses, channels, or conduits to receive storm water runoff from
the proposed development site at a higher peak flow rate than would have resulted
from the same storm event occurring over the site of the proposed development
with the property in its condition immediately prior to development, for all storm
events up to and including the 1.25" rainfall event.l
2.5 Each Applicant shall comply with all other applicable City, state or federal permit
requirements as they apply to the City or to the property.
2.6 In the event the Applicant and the City agree that storm water systems installed by
the Applicant are to be dedicated to the City, the City shall prepare a dedication
agreement on such terms and conditions as the City determines, in its sole
discretion, are appropriate, which may include requirements that the Applicant
pay all costs and fees, including reasonable attorneys' fees and consultant fees,
incurred by the City in connection with said dedication.
2.7 At the discretion of the City, the applicant may satisfy the post-construction storm
water management requirements by ensuring the conveyance of the storm water
1 The City may want to consider using a rainfall event that is less than 1.25" if it is determined that storm water management to a lesser rainfall
event would be adequate.
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discharge from the property to a regional detention facility. For purposes of this
ordinance, a "regional detention facility" shall be wet or dry detention basins,
grass swales, bioretention swales, riparian buffers and/or wetlands which are
designed to accept storm water runoff from two or more sites that are required to
obtain a state NPDES General Permit #2 and that otherwise complies with all city,
state or federal permit requirements as they apply to storm water management
requirements for those sites.
SECTION 3. MAINTENANCE AND REPAIR OF STORM WATER FACILITIES
3.1. Prior to the issuance of any permit that has a storm water 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 stornl water management facility. The
agreement shall provide for access to the facility at reasonable times for periodic
inspection or necessary operation or maintenance by the City, or its 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 ordinance. The easement agreement shall
be recorded by the City in the land records.
3.2. Maintenance of all storm water management facilities shall be ensured through
the creation of a formal maintenance covenant that must be approved by the City
and recorded into the land record at the time of final plat 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 storm water management facility. The
covenant shall also include plans for periodic inspections to ensure proper
performance of the facility. The City, in lieu of a maintenance covenant, may
accept dedication of any existing or future storm water management facility for
maintenance, provided such facility meets all the requirements of this chapter and
includes adequate and perpetual access and sufficient area, by easement or
otherwise, for inspection and regular maintenance.
3.3. All storm water management facilities must undergo an annual inspection by the
City to document maintenance and repair needs and ensure compliance with the
requirements of this ordinance and accomplishment of its purposes.
3.4. Parties responsible for the operation and maintenance of a storm water
management facility shall make records of the installation and of all maintenance
and repairs, and shall retain the records for at least three (3) years. These records
shall be made available to the City during inspection of the facility and at other
reasonable times upon request.
3.5. 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
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facility in proper working condition. In the event that the storm water
management facility becomes a danger to public safety or public health, the City
shall notify the party responsible for maintenance of the storm water management
facility in writing. Upon receipt of that notice, the responsible person shall have
two (2) days to affect maintenance and repair of the facility in an approved
manner. After proper notice, the City may assess the owner(s) 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 City.
SECTION 4. ENFORCEMENT BY LEGAL OR ADMINISTRATIVE ACTION
4.1 Violation of any provision of this ordinance may be enforced by legal (civil)
action including an action for injunctive relief.
4.2 Violation of any provision of this ordinance may also be enforced as a municipal
infraction within the meaning of §364.22, pursuant to the City's municipal
infraction ordinance.
4.3 Enforcement pursuant to this section shall be undertaken by the enforcement
officer upon the advice and consent of the City Attorney.
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