(a) Permit application requirements. No owner or developer shall perform any land development activities without first meeting the requirements of this article prior to commencing the proposed activity. Unless otherwise exempted by this article, or granted a waiver to meeting the minimum requirements outlined in the LDM, a site development permit application shall be accompanied by the following items in order to be considered:
1. Stormwater concept plan and consultation meeting certification if required by the city;
2. Stormwater management plan;
3. Inspection and longterm maintenance agreement;
4. Performance bond, if applicable; and,
5. Site development permit application and applicable review fees.
(b) Stormwater concept plan and consultation meeting. Projects shall require a stormwater concept plan and consultation prior to submittal of design plans for review by the city manager. The stormwater concept plan shall meet the requirements outlined in the LDM. For the purposes of this section, any proposed development activity that meets any of the following criteria shall be required to perform a stormwater concept plan and consultation meeting prior to submittal of engineering plans for review.
(1) Any residential subdivision with greater than one hundred (100) lots, unless such development contains two-acre or greater lots.
(2) Any nonresidential development with a new disturbed area of five thousand (5000) square feet or greater.
(3) Any nonresidential development regardless of size which has an impervious surface coverage that covers fifty (50) percent or more of the property excluding those lands contained within undisturbed buffers including, but not limited to, floodplains, stream buffers and undisturbed buffers between dissimilar zonings.
(4) Any nonresidential development regardless of size which is defined as a hot spot land use or activity.
(c) Stormwater management plan requirements. A stormwater management plan must be submitted in accordance with the LDM.
(d) Modifications for off-site facilities. The stormwater management plan for each land development project shall provide for stormwater management measures located on the site of the project, unless provisions are made with the city to manage stormwater by an off-site, or regional facility. The off-site or regional facility:
(1) Must be located on property legally dedicated for the purpose,
(2) Must be designed and adequately sized to provide a level of stormwater quantity and quality control that is equal to or greater than that which would be afforded by on-site practices, and
(3) There must be a city-approved, legally-obligated entity responsible for long-term operation and maintenance of the off-site or regional stormwater facility. In addition, on-site measures shall be implemented, where necessary, to address stormwater management issues upstream and downstream from the development site to the off-site or regional facility.
A stormwater management plan must be submitted to the city which shows the adequacy of the off-site or regional facility.
To be eligible for a modification, the applicant must demonstrate to the satisfaction of the city that the use of an off-site or regional facility will not result in the following impacts to upstream or downstream areas:
(1) Increased threat of flood damage to public health, life, and property;
(2) Deterioration of existing culverts, bridges, dams, and other structures;
(3) Accelerated stream bank or streambed erosion or siltation;
(4) Degradation of in-stream biological functions or habitat; or
(5) Water quality impairment in violation of state water-quality standards, and/or violation of any state or federal regulations.
(Ord. No. 0-06-19, 11-7-06)
Sec. 18-441. - Post-development stormwater management performance criteria.
The following performance criteria shall be applicable to all stormwater management plans, unless otherwise provided for in this article per the submission of a statement of compliance with state and federal regulations prepared by a design professional.
(1) Water quality. Stormwater runoff generated from a site shall be adequately treated before discharge. It will be presumed that a stormwater management system complies with this requirement if:
a. The system is sized for the volume from the site, as defined in the LDM;
b. Appropriate structural stormwater controls or nonstructural practices are selected, designed, constructed and preserved in accordance with the specific criteria in the LDM; and, runoff from hotspot land uses and activities identified in the LDM are adequately treated and addressed through the use of appropriate structural stormwater controls, nonstructural practices and pollution prevention practices identified in the LDM.
(2) Stream channel protection. Protection of stream channels from bank and bed erosion and degradation shall be provided by using the following approaches:
a. Preservation, restoration and/or reforestation (with native vegetation) of the applicable stream buffer; and, erosion prevention measures such as energy dissipation and velocity control; and
b. All design and construction work that is undertaken proximate to stream channels (including the buffer areas) shall be in strict conformance with current local, state and federal regulations.
(3) Flood protection. Flood and public safety protection shall be provided by controlling and safely conveying storm events such that flooding is not exacerbated for the storm events specified in the LDM and in accordance with applicable requirements of this article.
(4) Drainage system guidelines. A system emphasizing a natural, as opposed to an engineered, drainage strategy shall be encouraged. The applicability of a natural approach depends upon such factors as site storage capacity, open channel hydraulic capacity, maintenance needs/resources and regulatory permitting factors. Stormwater conveyance facilities may include but are not limited to culverts, stormwater drainage pipes, catch basins, drop inlets, junction boxes, headwalls, gutters, swales, channels, ditches, and energy dissipaters shall be provided when necessary for the protection of public and private properties adjoining project sites. Stormwater conveyance facilities that are designed to carry stormwater runoff from more than one (1) parcel, existing or proposed, shall meet the following requirements:
a. Methods to calculate stormwater flows shall be in accordance with the LDM;
b. All culverts, pipe systems and open channel flow systems shall be sized in accordance with the stormwater management plan using the methods included in the LDM; and,
c. Design and construction of stormwater conveyance facilities shall be in accordance with the criteria and specifications found in the LDM.
(Ord. No. 0-06-19, 11-7-06)
Sec. 18-442. - Maintenance of facilities.
Stormwater detention facilities which are owned by the city are deemed to be an essential and integral part of the city stormwater management program and detention facilities known as "stormwater holding ponds" may be maintained by the city. Stormwater management facilities known as "holding ponds" owned by others which are built to satisfy this article may be maintained by the city, provided the owners thereof shall meet the requirements of all of the provisions of this article. No stormwater detention/retention facility shall be accepted for maintenance by the city until the owner provides an fee simple warranty deed conveying the holding pond to the city, and providing to the city in said warranty deed a description of a twenty-foot permanent, non-exclusive easement for access to and from said holding pond. The fee simple warranty deed shall be accompanied by two (2) recordable plats signed by a certified land surveyor or engineer, and such plat shall be referred to as a part of the legal description of the deed.
An inspection and maintenance agreement shall be executed for all private on-site stormwater management facilities prior to approval of the final plat. Such agreement shall be in form and content acceptable to the city, and shall provide that all inspection, maintenance and repair procedures of such facilities shall be the responsibility of the property owner. Such agreement shall provide for access to the facility by virtue of a nonexclusive perpetual easement in favor of the city at reasonable times for regular inspection and/or maintenance by the city.
The agreement shall provide that preventive maintenance inspections of infiltration systems, retention, or detention structures may be made by the city, at its option.
The agreement shall provide that if, after an inspection, the condition of a facility presents an immediate danger to the public health, safety or general welfare because of unsafe conditions or improper maintenance, the city shall have the right, but not the duty, to take such action as may be necessary to protect the public health, safety, general welfare and adjacent properties from damage. If it is determined that such deficient conditions are the result of neglected maintenance, or other action caused by the property owner, then any cost incurred by the city shall be paid by the property owner.
The maintenance agreement shall be recorded by the property owner in the land records of Crisp County, Georgia prior to approval of the final plat.
The agreement shall provide that the city shall notify the property owner(s) of the facility of any violation, deficiency or failure to comply with this article. The agreement shall also provide that upon a failure to correct violations requiring maintenance work, within thirty (30) days after notice thereof, in writing, the city may provide for all necessary work to place the facility in proper working condition. The owner(s) of the facility shall be assessed the costs of the work performed by the city pursuant to this subsection, and there shall be a lien on all property of the owner, which lien, when filed in the county real estate records, shall have the same status and priority as liens for nonpayment of ad valorem taxes. Should such a lien be filed, portions of the affected property may be released by the city following the payments by the owner of such portion of the property of such owner's pro-rata share of the lien amount based upon the acreage to be released with such release amount to be determined by the city commission.
(Ord. No. 0-06-19, 11-7-06; Ord. No. 0-08-02, 2-19-08)