City of Frankfort / County of Franklin

Frankfort Stormwater Laws and Regulations

Frankfort regulations are compliant with Kentucky National Pollutant Discharge and Elimination System permit requirements for the city's small municipal separate storm sewer system (SMS4). As operators of an MS4 the county is required to develop and implement a Stormwater Management Program (SWMP), which is also compliant with the requirements of Franklin County.

Excerpt- Frankfort Stormwater Page

The Clean Water Act defines the City of Frankfort as a Phase II community. Therefore, the City is required to implement programs and practices to control polluted stormwater runoff from entering our waterways.

Excerpt- Franklin County Stormwater Manual

3.10 Stormwater Management/BMP Facilities Operation and Maintenance

As required by the Phase II Stormwater Regulations, the City/County must require the owners of new and redevelopment property to enter into a long-term maintenance plan and agreement. This agreement requires nonresidential developments and multifamily property owners to: Conduct routine maintenance and perform any necessary structural repairs Complete annual self-inspection and submit documentation to the City/County of performance.

For residential stormwater BMP facilities the City/County may maintain cleaning of impoundment structure and associated pipes and infrastructure related to long-term performance of the BMP. This maintenance generally does not include mowing or trash clean-up. Refer to Post-Construction Runoff Ordinance for the City/County for additional information on long-term maintenance requirements and guidance. A copy of the City/County Stormwater Management/BMP Facilities Operation and Maintenance Agreement is found in Appendix G of this Document.

Excerpt- Franklin County Post-Construction Runoff Ordinance

Section 4- Applicability

This ordinance shall be applicable to all subdivision or site plan applications, unless eligible for an exemption or granted a waiver by the Franklin County under the specifications of the Stormwater Procedures Manual. This ordinance also applies to land development activities that are smaller than one acre I such activities are part of a larger common plan of development as established in KPDES permit number KYG200000.

When a site development plan is submitted that qualifies as a redevelopment project as defined in the Stormwater Procedures Manual, decisions on permitting and on=site stormwater requirements shall be made after a review by the Franklin County.

Section 5- Utilization of BMP Resources

Franklin County may furnish additional policy, criteria and information including specifications and standards, for the proper implementation of the requirements for this ordinance in the form of approved Best Management Practices (BMPs), which will be located I the Franklin County’s Stormwater Procedures Manual. The Stormwater Procedures Manual will include specific design criteria and operation and maintenance requirements for stormwater BMPs. Stormwater treatment practices that are designed and constructed in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards. Until the development of this resource, information on stormwater BMPs is available at EPAs National Menu of Stormwater Best Management Practices.

Section 6- Requirements for Stormwater Management Approval

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 indicate whether stormwater will be managed on-site or off-site, and, if on-site, the general location and type of practices. The Stormwater Procedures Manual outlines accepted design criteria and the information required for submittal in the Stormwater Management Plan.

For development or redevelopment occurring on a previously developed site, an applicant shall be required to include within the stormwater plan, measures for controlling existing stormwater runoff discharges from the site in accordance with the Stormwater Procedures Manual.

The Stormwater Management Plan must be signed by a licensed professional engineer, who will verify that the design of all stormwater management practices meet the submittal requirements outlined in the Stormwater Procedures Manual or EPAs National Menu as applicable. By approving a plan under this chapter, Franklin County does not accept responsibility or the design, installation, and operation and maintenance of stormwater BMPs.

Section 7- Maintenance Agreements

All nonresidential developments and multifamily 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 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 permits for land disturbance activities.

Section 8- Enforcement

Franklin County Planning and Zoning Department or their duly authorized designees shall be responsible for the enforcement of this Ordinance and have the authority to issue notices of violation, citations, and levy fines as described below.

Enforcement procedures may be utilized if any of the following conditions exist:
- Structural and/or non-structural BMPs are not being installed or maintained per manufacturer’s specifications and/or Franklin County
- Construction is not in compliance with the approves Stormwater Management Plan
- Maintenance of permanent stormwater BMPs is not sufficient after construction
- Any of the conditions of this Ordinance are not being met
Enforcement Procedures
- For the purposes of this Ordinance, a NOV and/or citation is official by posting a copy of the notice of violation and/or citation on the construction site in reasonable proximity to a location where the violation is taking place. Additionally, a copy of the violation and/or order shall be mailed by first class mail, postage pre-paid, to the address listed by the responsible party on the Operation and Maintenance Agreement. In the case of work for which there is no Operation and Maintenance Agreement, a copy of the violation and/or order shall be mailed to the person listed as the landowner of the property.
- NOVs are the first level of enforcement and do not include a penalty, or fine. Only one NOV will be issued for an offense before citations are utilized. An offense of the same nature as a previous offense, even if previously corrected under a NOV, will constitute a second offense to be enforced through a citation. Offenses enforced through a NOV must be corrected within five calendar days of the date of issuance or a citation will be issued.
- For violations where no Operation and Maintenance Agreement has been recorded, Franklin County will notify the property owner or Responsible Party and cooperate for resolution prior to enforcement. Should the Responsible Party not provide stormwater structure maintenance or demonstrate a history of non-compliance of the same nature, the Franklin County may request the County Attorney to seek to obtain injunctive relief.
- Ten calendar days after issuing the citation, Franklin County may issue a Notice of Intent to the Responsible Party, landowner, or land user stating the Franklin County’s intent to perform work necessary to comply with this Ordinance. The Franklin County may go on the land and commence work after fourteen days from issuing the notice of intent. The costs incurred by the Franklin County to perform this work shall be paid by the property owner or Responsible Party. The cost, plus interest at the rate authorized by the Franklin County, plus a reasonable administrative and attorney fee shall be billed to the property owner. Failure to reimburse the County within thirty day of billing will result in a lien being placed on the property.
- Compliance with the provisions of this Ordinance may also be enforced by injunction.
- Franklin County is authorized to require immediate abatement of any violation of this ordinance that constitutes an immediate threat to the health, safety, or well-being of the public. If any such violation is not abated immediately, Franklin County is authorized to enter onto private or public property and to take any and all measures required to remediate the violation. Ny expense related to such remediation undertaken by Franklin County shall be fully reimbursed by the property owner and/or responsible party. The cost, plus interest at the rate authorized by Franklin County plus a reasonable administrative and attorneys fee shall be billed to the property owner. Failure to reimburse the County within thirty days of billing will result in a lien being placed on the property. For the purpose of this ordinance, the ultimate party responsible for assuring compliance with the conditions set forth is the property owner.