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Ordinance 1600 - Stormwater RegulationsORDINANCE NO, 1600 AN ORDINANCE REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, USE, AND MAINTENANCE OF ANY DEVELOPMENT OR OTHER ACTIVITY WHICH DISTURBS OR BREAKS THE TOPSOIL OR RESULTS IN THE MOVEMENT OF EARTH ON LAND IN THE CITY TO COMPLY WITH THE NPDES PHASE II STORMWATER PROGRAM OF THE ENVIRONMENTAL PROTECTION AGENCY AS ADMINISTERED BY THE MONTANA STATE DEPARTMENT OF ENVIRONMENTAL QUALITY AND DECLARING AN EFFECTIVE DATE, WHEREAS during the construction and land disturbance process, soil is the most vulnerable to erosion by wind and water which endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species; and WHEREAS deposition of eroded soil also necessitates repair of sewers and ditches, and the dredging of lakes; and WHEREAS clearing and grading during construction also causes the loss of native vegetation necessary for terrestrial and aquatic habitat, which provides a healthy living environment for citizens of the city; and WHEREAS management of wastes from construction sites is also important in preventing polluted stormwater runoff from a site; and WHEREAS the purpose of regulating, and controlling the design, construction, use, and maintenance of any development or other activity which disturbs or breaks the topsoil or results in the movement of earth on land in the city is to safeguard persons, protect property, prevent damage to the environment and promote the public welfare, as well as meet the requirements set forth in the NPDES Phase II Storm Water Program of the Environmental Protection Agency as administered by the Montana State Department of Environmental Quality. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION I. The City of Kalispell hereby adopts the following ordinance which shall be entitled "Stormwater Discharges Resulting From. Construction And Land Disturbance Activities." SECTION 2 Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: "Belowground installations." Activity that causes sediment laden water, concrete sawing wash water, wash water or drilling mud pumped from an excavation or structure and shall be treated as sediment laden runoff for erosion control purposes. "BMPs." Best Management Practices. "City." The City of Kalispell and its employees with authority to inspect or enforce stormwater compliance. "Construction activities." Construction activities that require a building permit. "Construction Site BMP Manual." The Montana Department of Transportation Erosion and Sediment Control Best Management Practices (BMP) Reference Manual and Field Manual, as amended from time to time. A current copy of the manuals shall be Dept on file in the Kalispell City Public Works office and shall be available to the public for the cost of reproduction. "EPA." Environmental Protection Agency. "ESC." Erosion and Sediment Control. "Stormwater Management plan." A site plan with necessary details, showing the property where land disturbing activity will take place and showing the locations and types of devices, procedures and practices to be used to control erosion and sedimentation. "Final approval." Completion of a project, site or building in accordance with city requirements and ordinances. In the case of a building, a certificate of occupancy is issued. In case of a subdivision, when the 2- year Warranty and Maintenance bond has been submitted and the appointed Public works Employee certifies all work is complete. "Land disturbing activity." Any activity, including but not limited to excavation, planting, tilling, and grading, which disturbs the natural or improved vegetative ground cover so as to expose soil to the erosive forces of rain, stormwater runoff or wind. All installations and maintenance of franchise utilities such as telephone, gas, electric, etc., shall be considered land disturbing activities. "MS4." Municipal separate storm sewer system. "MPDES." The Montana Pollutant Discharge Elimination System as administered by the state department of environmental quality. "NPDES." The National Pollutant Discharge Elimination System as administered by the Environmental Protection Agency. "Off-site borrow area."' A source of earth fill material used in the construction of embankments or other earth fill structures, that is located on another parcel of property in City Limits other than where the principal construction is occurring. "Off-site sedimentation." Deposit of soil material beyond the limits of the property undergoing land disturbing activity or in city streets, alleys or drainage facilities in an amount sufficient to constitute a threat to public safety and comfort. "Off-site spoil area." An area on another parcel of property, in City limits, other than where the principal construction is occurring, where excess earth, rock or construction material is disposed. "Permanent erosion control devices." Devices or practices installed prior to final approval and maintained after final approval to prevent or minimize the erosion and deposit of soil materials. Such devices may include, but shall not be limited to, permanent seeding, sod, storm drain channels, channel linings, storm drainpipes, outlet velocity control structures and stormwater detention structures. "Permanent ground cover." Permanent vegetative cover on all bare soil areas of a property not covered by a permanent structure or landscaping improvements, including but not limited to, live sod, perennial grasses or other materials which lessen runoff and soil erosion on the property. "Related land area." Includes the property where the principal land disturbing activity is taking place, all adjacent property, off-site borrow areas, off-site spoil areas, off-site properties necessary for required utility extensions, and off-site areas for required street improvements. "Responsible party." A business entity, franchised utility company, developer, property owner, contractor or holder of a building permit who is required to comply with the terms of this article. "Staging area." An on-site or off-site location used by a contractor to store materials for a project, to assemble portions of equipment or structures, to store equipment or machinery, to park vehicles, or for other construction -related uses. "Stop work order." The suspension of all city permits with no approvals or inspections of work for the site or project being performed. Apart from stabilizing ESC SMPs, no work shall be done on the site. "Temporary erosion control devices." Devices installed or practices implemented and maintained during land disturbing activities to prevent, minimize or control the erosion and deposit of soil materials. SECTION 3 Erosion Control Required. A. Duty of..party in control of ro ert to prevent soil mud rock or debris from washing,trackin or being carried by the wind off-site onto public streets alleys, etc. It shall be unlawful and shall constitute a public nuisance for any person or business entity, whether owner, lessee, agent, employee, or otherwise, having control of real property within the city to permit soil, mud, rock or debris to wash, slide, erode or otherwise be moved from said real property onto streets, alleys, utility facilities, storm drains, rights-of-way or easements or receiving waters. It shall be the duty of each party in control thereof to prevent soil, mud, rock or debris from such real property being deposited or otherwise transported onto the streets, alleys, storm drains, utility facilities, rights-of-way, easements or receiving waters of the city. B. Erosion control plan implementation and compliance. A responsible party engaging in any land disturbing activity, or any construction activities shall prepare and submit a Stormwater Management Permit to the Kalispell Department of. Public Works. (1) Greater or equal to One Acre. Land disturbing activity of one acre or greater or construction activity that is part of larger common plan of development or sale that would disturb one acre or more shall submit shall prepare and submit a Stormwater Management Permit, for review and approval by the City of Kalispell Public Works Department, containing the following: (a) A copy of the notice of intent (NOI), the Stormwater Pollution Prevention Plan (SWPPP), and the Notice of termination in accordance with the Montana Pollutant Discharge Elimination System general permit for stormwater discharges associated with construction activity, permit number MTR1OOOOO. (b) A complete Stormwater Management Permit application form (c) A complete Stormwater Management Checklist (2) Less Than One Acre. Land disturbing activity of less than one acre is not required to comply with MPDES general permit number MTR100000, but shall prepare and submit a Stormwater Management Plan, for review and approval by the City of Kalispell Public works Department, containing the following: (a) A complete Stormwater Management Permit application form. (b) A checklist with a narrative statement of erosion and sediment controls to be used at the construction site. (c) A checklist with a narrative statement of pollution prevention practices to be used at the construction site. (d) A map of the construction site showing the locations of the BMPs. C. Implementation and maintenance of erosion control measures. Each responsible party shall implement and maintain erosion control measures to minimize the erosion and the transport of silt, earth, topsoil, etc., by water runoff or construction activities, beyond the limits of the responsible pasty's site onto city streets, drainage easements, drainage facilities, storm drains or other city property prior to beginning any land disturbing activity. A City of Kalispell Stormwater Management Permit fee of $10 for less than one acre by the responsible party at the time of filing the building permit and $45 for one acre or greater shall be submitted by the responsible party at the time of filing. D. off-site borrows oil and sta in areas. Where applicable, off-site borrow areas, spoil areas and construction staging areas in City limits shall be considered as part of the project site and shall be governed by this article. E. Related land areas. The erosion control requirements of this article shall apply to all related land areas. Additionally, when land disturbing activity occurs on a project, all disturbed land areas related to the project shall have permanent erosion control BMPs established before final occupancy of structures located thereon or final acceptance of the subdivision may be obtained. This subsection applies whether or not a building permit is required. F. Below- round installations. All discharges resulting from below - ground installations shall be passed through city -approved erosion control device(s) or removed from the site and properly disposed. G. Exclusions. No site development permit is required for the following activities: (1) Any emergency activity that is immediately necessary for the protection of life, property or natural resources. SECTION 4 Stormwater Management Flan Requirements Generally. Each erosion control plan required by this article shall clearly identify all erosion and sediment control measures to be installed and maintained throughout the duration of the project for which that plan is submitted. For land disturbing activity of one acre or greater, the responsible party shall install and maintain erosion control devices in accordance with MPDES or NPDES general permit for stormwater discharges associated with construction activity requirements. SECTION S Design Requirements. A. Desi_n criteria. Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the most recent version of the Erosion and Sediment Control Best Management Practices (BMP) Reference Manual, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the city. B. Clearing andradin . (1) Clearing and grading of natural resources, such as water bodies and wetlands, shall not be permitted, except when in compliance with all other required permits. (2) Clearing techniques that retain natural vegetation and retain natural drainage patterns, as described in the Construction Site BMP Manual, shall be used to the satisfaction of the city. (3) Phasing shall be required on all sites disturbing equal to or greater than thirty acres, with the size of each phase to be established at plan review and as approved by the city. (4) Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized. C. Erosion control. (1) Soil must be stabilized using recommended methods described in the Construction Site BMP Manual. (a) Erosion seeding is the immediate seeding on cut and fill slopes steeper than 3:1 that will not undergo further disturbance. (b) Temporary seeding is the establishment of a temporary vegetative cover on areas with a slope of 3:1 or flatter that will be exposed for longer than 14 days and can undergo further disturbance. (2) Soil stockpiles must be stabilized or covered at the end of each workday. (3) Techniques shall be employed to prevent the blowing of dust or sediment from the site. (4) Techniques that divert upland runoff past disturbed slopes shall be employed. D. Sediment controls. (1) Sediment controls shall be provided in the form of settling basins or sediment traps or tanks, temporary seeding, perimeter controls or other methods described in the Construction Site BMP Manual. (2) where possible, settling basins shall be designed in a manner that allows adaptation to provide long-term stormwater management. (3) Adjacent properties shall be protected by the use of a vegetative buffer, silt fence, fiber rolls, or other BMPs outlined in the Construction Site BMP Manual. E. Winterization. (1) Winterization BMPs described in the Construction Site BMP Manual shall be implemented on projects prior to seasonal shut downs or downtime of one month or longer. F. Waterways. and watercourses. (1) when a watercourse must be crossed regularly during construction, a temporary stream crossing shall be provided and an approval obtained from the city and all other authorized permitting agencies. (2) When in -channel work is conducted, the channel shall be stabilized before, during and after work. (3) All on-site stormwater conveyance channels shall be designed according to the criteria outlined in the current addition of the City of Kalispell Standards for Design and Construction. (4) Stabilization adequate to prevent erosion must be provided at the outlets of all pipes and paved channels. G. Construction site access. (1) A temporary access entrance shall be provided at all sites and shall be in accordance with the current addition of the City of Kalispell Standards for Design and construction. (2) other measures may be required at the discretion of the city in order to ensure that sediment is not tracked onto public streets by construction vehicles, or washed into storm drains. H. Removal of temporary erosion control devices. Upon establishing 70% or greater permanent ground cover on a lot, all temporary erosion control devices shall be removed. SECTION 6 Franchised Utilities Companies. Subject to the terms of its franchise agreement with city, including but not limited to terms regarding permits, a franchised utility company engaging in land disturbing activities within the city shall comply with the following: A. Stormwater Management Permit. Prior to beginning any land disturbing activity a Stormwater Management Permit shall be obtained as outlined in SECTION 3 Erosion Control Required. B. Emergency Construction. Construction activity in response to emergencies where services are being restored by a franchised utility company are not subject to the requirements for filing an stormwater management permit. At the conclusion of emergency construction activity, the utility company responsible for construction activities should take any needed action to clean up or contain sediment or debris resulting from the emergency construction activity. SECTION 7 Construction Waste Management. Construction site operators must, at a minimum, control waste such as discarded building materials, concrete truck washout water, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. This includes: A. operators must keep solid waste materials in either a secure enclosed container or an enclosed waste collection area on site that does not receive a substantial amount of runoff from upland areas and that does not drain directly to a water body, and that prohibits pollutant runoff from the construction site, and that does not allow wind-blown debris to leave the site. B. Chemicals, paint, petroleum, fertilizer, and pesticides must be stored in a covered enclosure C. Above ground petroleum storage tanks must be placed in a bermed enclosure. D. Empty/unused chemical containers must be disposed of in accordance with label instructions. E. Potentially hazardous waste must be segregated from nonhazardous waste. F. Daily cleanup of construction site must ensure that all litter is contained in an appropriate enclosure or container so as not to accumulate on the ground. G. All construction site wastes must be disposed of at authorized disposal facilities. H. Recycling of waste material is encouraged where feasible. I. Concrete truck washout water that is contained on site shall be in a designated washout pit, and concrete residue removed at conclusion of construction. J. Sanitary waste facilities should be located a minimum of 15 feet from storm drain inlets and receiving waters and the facilities must be self- contained. SECTION S Inspection and Review. A. Site plan review and inspection programs aid in compliance and enforcement, and provide an opportunity for guidance and education. (1) The city shall perform a site plan review for consideration of potential water quality impacts at the time of filing the Stormwater Management Permit (2) The city shall establish appropriate frequencies for inspection of construction stormwater pollution prevention measures at all active construction sites. (3) The city shall require notification from a construction site operator prior to start or upon completion of various stages of construction on a schedule approved by the city. B. The permittee or his/her agent will be required to perform regularly scheduled site inspections (at least every 14 days) and after major storm events to ensure all accepted BMPs have been constructed and are functioning properly. The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form and made available for review by the city. SECTION 9 Enforcement. A. Violations. It shall be a municipal infraction pursuant to Chapter 1, Article II of the Kalispell City Code for a responsible party or a third party performing work on a project to violate any of the requirements of this article, including, but not limited to, the following: 1 } Conducting any land disturbing or construction activity of greater than one acre without submitting a notice of intent to comply with NPDES or MPDES general permit for stormwater discharge associated with construction activity requirements for the location where the land disturbing activity occurred. (2) Failing to install erosion control devices or to maintain erosion control devices throughout the duration of land disturbing activities (3) Failing to remove off-site sedimentation that is a direct result of land disturbing activities where such off-site sedimentation results from the failure to implement or maintain erosion control devices as specified in this article. (4) Allowing sediment laden water resulting from belowground installations to flow from a site without being treated through an erosion control device. (S) Failing to repair damage to existing erosion control devices, including replacement of existing grass or sod. (6) Failing to provide adequate measures to contain and properly dispose of solid waste, sanitary waste, hazardous waste, chemicals, petroleum products, or concrete truck washout at or from a construction site. B. Notice of violation. written notice of violation shall be given to the responsible party or his job site representative as identified in the Stormwater Management Permit for a site. Such notice shall identify the nature of the alleged violation and the action required to obtain compliance with the approved erosion control plan within twenty-four (24) hours. At the end of the twenty -four-hour cure period, city shall reinspect the site. If, at the time of such reinspection, the erosion control devices at the site have not been brought into compliance with the approved erosion control pian, city may (1) issue a stop work order and issue a citation of municipal infraction for each violation of this article and seek alternative remedies for abatement and fines; and/or (2) clean the public way and bill the owner directly for the actual cost of such cleanup and $200 administrative fee. Correction shall include sediment cleanup, erosion control device repair, erosion control device maintenance and/or installation of additional erosion control devices to prevent recurrence of the violation. The twenty- four -hour cure period may be extended for inclement weather or other factors at the discretion of the city. C. Municipal Infraction. Any person or corporation, whether owner, lessee, principal agent, employee, or otherwise, who violates any provisions of these regulations or permits any such violation or fails to comply with any of the requirements thereof, may be subject to penalties as a municipal infraction pursuant to Chapter 1, Article II of the Kalispell City Code, Each day of continued ,violation shall constitute a separate, additional violation, The City of Kalispell Public works Director or his authorized agent is hereby authorized to enforce this ordinance by issuing a civil citation. SECTION 10 Exemptions. The following activities are exempt from the requirement to obtain a permit and from following the above-described procedures: A. Emergencies posing an immediate danger to life or property, or substantial flood or fire hazards. B. Any activity where the total volume of material disturbed, stored, disposed of or used as fill does not exceed five (5) cubic yards or the area disturbed does not exceed one thousand (1000) square feet provided it does not obstruct a watercourse, and is not located in a floodplain. SECTION 11 This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR THIS 2ND DAY OF APRIL, 2007. Pamela B. Kenned Mayor ATTEST: Theresa White City Clerk