HomeMy WebLinkAbout2005-12-706572890
ORDINANCE NO.2005-12-7065
AN ORDINANCE AMENDING CHAPTER 50, BY
CREATING ARTICLE IV, EROSION PREVENTION
AND SEDIMENT CONTROL, OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH,
KENTUCKY
607
WHEREAS, the City desires to control soil erosion and sedimentation resulting from
land disturbing activities within the City of Paducah; and
WHEREAS, the City desires to establish guidelines, conservation practices, and
planning activities which minimize soil erosion and sedimentation; and
WHEREAS, the City is required to and desires to comply with all applicable state and
federal requirements pertaining to the Clean Water Act, including limitation of discharge of
pollutants as set forth by the Kentucky Pollution Discharge Elimination System (KPDES) and all
applicable provisions of the National Pollutant Discharge Elimination Systems (NPDES) storm
water general permit for Phase II communities.
WHEREAS, this Ordinance will create new Chapter 50, Article IV, Sections 1 to 9.9.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Section 50, Floods, of the Code of Ordinances of the City of Paducah,
Kentucky, is hereby amended by creating Article IV, Erosion Prevention and Sediment Control,
to read as follows:
ARTICLE IV. EROSION PREVENTION AND SEDIMENT CONTROL
(1) - AUTHORITY
` This Ordinance is adopted pursuant to the powers granted and limitations imposed by
Kentucky laws, including the statutory authority granted to Kentucky cities and counties
in Kentucky Revised Statutes (KRS), Chapter 67 and .1.00.
This Ordinance is adopted pursuant to the powers granted and limitations by the Federal
Clean Water Act and in particular those parts that authorize local governments to require
any state or federal department or agency to comply with all local water pollution control
requirements.
(2) - PURPOSE/SCOPE
The re_gulations set forth in this Ordinance are intended to protect the general health,
safety, and welfare of the citizens of Paducah, and more specifically,
2..1. To control soil erosion and sedimentation resulting from land disturbing activities
within City of Paducah;,
2.2 To establish guidelines, conservation practices and planning activities which
minimize soil erosion and sedimentation;
2.3 To comply with all applicable provisions as set forth by the Kentucky Pollutant
Discharge Elimination. System. (KPDES) storm water general permit for S.MS4
Phase II communities.
This Ordinance controls land disturbances soil storage and erosion and sedimentation
resulting from such activities and establishes procedures for issuance, approval,
administration and enforcement of an Erosion Prevention and Sediment Control (E.PSC)
Permit.
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(3) - DEFINITIONS
For the purposes of this Ordinance, the following terms, phrases, words, and their
derivatives shall have the meaning stated below:
3.1 Annlicant is the person and/or landowner who submits an annlication to Citv of
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Paducah for an EPSC Permit pursuant to this ordinance. The Applicant must be a
person who has financial or operational control over the land -disturbing activity.
3.2
Bench is a relatively level step excavated into earth material on which fill is to be
placed.
3.3
Best Management Practice (BMP) is a technique or series of techniques, which
are proven to be effective in controlling runoff, erosion, and sedimentation.
3.4
Borrow is earth material acquired from an off-site location for use in grading on a
site.
3.5 _
Clearing c nd c>rubbing is the cutting and removal of trees, shrubs, bushes,
windfalls and. other vegetation including removal of stumps, roots, and other
remains in the designated areas.
3.7
Contractor is a person who contracts with the permittee, landowner, developer, or
another contractor (i.e. subcontractor.) to undertake any or all the land disturbance
activities covered by this Ordinance.
3.8
Detention facility is a temporary natural or man .made structure that provides for
the temporary storage of storm water runoff.
3.9
Developer is any person, firm, corporation, org),anization, sole proprietorship,
partnership, state agency, legal identity or political subdivision thereof engaged in
a land disturbance activity.
3.10
Engineer is a professional engineer licensed in the Commonwealth of .Kentucky
to practice in the field of Civil Engineering.
3.11
Erosion is the wearing away of the ground surface as a result of the movement of
wind, water, ice, and/or vehicles and equipment associated with land disturbance
activities.
3..1.2
EPSC (Erosion Prevention and Sediment Control) is the prevention of soil
erosion and control of solid material during land disturbing activity to prevent its
transport out of the disturbed area by means of air, water, gravity, or ice.
3.1.3
EPSC Permit is a permit required by this Ordinance for land disturbance
activities.
3.14
EPSC Plan is a detailed plan which includes a set of best management practices
or equivalent measures designed to control surface runoff and erosion and to
retain sediment on a specific development site or parcel of land during the period
in which pre -construction and construction related. land disturbances, fills, and
soil storage occur, and before final improvements are completed, all in
accordance with this Ordinance.
3.15
Erosion Control Inspector is a person designated by the Issuing Authority who is
properly trained to inspect EPSC .measures.
3.16
Existing Grade is the grade prior to land disturbing activities.
3.:1.7
Finish Grade is the final grade of the site which conforms to the approved plan.
3.18
Floodplain is the one hundred. (100) year floodplain which is that area adjoining a
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watercourse which could be inundated by a flood that has a one (1) percent
chance of being equaled or exceeded in any given year and is delineated on the
Federal :Emergency Management Agency Floodway Maps.
3.19
General Permit refers to the .K:P:D.ES Storm Water General Permit for storm water
discharges related to construction activities that disturb one (1) acre or more.
Coverage under this general storm water permit is obtained b fig a Notice of
Intent (NOI) with the Kentucky Division of Water.
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3.20 Grade is the vertical location of the around surface.
3.21 Issuing Authority is the Paducah City EngrineeJ's Office and their duly authorized
designee.
3.22 Land disturbance activib� is any clearing grubbing. grading excavating, filling,
or other alteration of the earth's surface where natural or man-made ground cover
is destroyed. Land disturbance activity does not include the following:
3.22.1 Minor land disturbance activities including, but not limited to, activities
specific to underground utility repairs, replacement of existing utilities.
home gardens, minor repairs, and maintenance work.
3 22 2 Installation of fence sign telephone and electric poles and other kinds
of posts or poles.
3.22.3 Emergencv work to protect_ life,_ limb, or property and emergenc
repairs. If the land disturbing activity would have required an approved
EPSC Plan except for the emery, then the land area disturbed shall
be shaped and stabilized in accordance with the requirements of this
Ordinance.
3.23 Larger common plan o'development or sale means a contiguous area where
multiple separate and distinct construction activities are planned to occur at
different times on different schedules under one plan, e.g., a housingdevelopment
of five l/4 acre lots
3.24 Outfcdl is the point of discharge to anv watercourse from a public or private
stormwater drainage system.
3.25 Permittee is the applicant in whose name a valid .EPSC Permit is duly issued
pursuant to this Ordinance and his/her agents, employees. and others acting under
his/her. direction.
3.26 Retention facility is a permanent natural or manmade structure that provides for
1 the storage of storm water runoff by means of a permanent pool of water.
3.27 Rough grade is the stage at which the grade approximately conforms to the
approved plan.
3.28 Runoff is rainfall, snowmelt, or irrigation water flowing over the ground surface.
3.29 Sediment is soils or other sur is ial_materials transported by surface water or
mechanical means as a product of erosion.
3.30 Sedimentation is the process or action of deposition sediment that is determined to
have been caused by erosion.
3.31 Site is the entire area of land on which the land disturbance activity is proposed in
the land disturbance permit application.
3.32 Site plan is a plan or set of plans showing the details of any land disturbance
activity of a site including but not limited to the construction of: structures, open
and enclosed drainage facilities stormwater management facilities, parking lots,
driveways, curbs pavements sidewalks bike paths, recreational facilities, ground
covers, plantings, and landscaping.
3.33 Slone is the incline of aground surface expressed as a ratio of horizontal distance
to vertical distance.
3.34 Stripping is any activity which removes or significantly disturbs the vegetative
surface cover including clearing. grubbing of stumps and root mat, and topsoil
removal..
3.35 Structure is anything manufactured, constructed or erected which is normally
attached to or positioned on land including buildings, portable structures, earthen
structures roads, parking lots, and paved storage areas.
3.36 Topsoil is the upper layer of soil.
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3.37 Mility is the owner/operator of anv underground facility including an
underground line, facility, system, and its appurtenances used to produce, store,
convey, transmit, or distribute communications, data, electricity, power, heat, gas,
oil, petroleum products,_ potable water, stormwater, steam, sewage and other
similar substances.
3.38 Watercourse is any natural or improved stream, river, creek, ditch, channel, canal,
conduit, gutter, culvert, drain,u�lly, swale, or wash in which waters blow either
continuously or intermittently_
3.39 Wetlands is a lowland area such as a marsh that is saturated with moisture as
defined by the United States Army Corps of Engineers.
(4) - PERMI'T'S
4.1 Applicability
An EPSC Permit from. the City will be required and the activity subject to the provisions
of this Ordinance in the following circumstances:
4.1..1. all land disturbing activities including development and re -development
activities that disturb an area greater than or equal to one (1) acre. Sites
that are smaller than one (1) acre are also covered by this ordinance if they
are part of a larger common plan of development or sale as defined by this
ordinance.
4.1.2 land disturbing activities of less than 1 acre that have the potential to
negativelypact local water quality, sensitive areas, or result in a
nuisance to the public. This determination will be made at the sole
discretion of the City Engineer or his designee.
4.2 Exemptions
The following
activities are exempt from obtaining an EPSC Permit and from the
procedures of this Ordinance:
4.2.1
Cemetery graves.
4.2.2
Emergencies posing an immediate danger to life or property, substantial
flood or fire hazards.
4.2.3
Land disturbance activity on lots less than 1. acre which are not located in
or near a sensitive area.
4.2.4
Land disturbance activity less than 1 acre that is not associated with a
common plan of development, and is not located in or near a sensitive
area.
4.2.5
Agricultural operations required to adopt and implement an individual.
agriculture water quality plan pursuant to the requirements set forth in the
Kentucky Agriculture Water Quality Act (K.RS 224)
4.2.6
Usual and customary site investigations, such as geotechnical
explorations, monitoring wells and archaeological explorations, which are
undertaken prior to submittal of an application for preliminary subdivision
plat.
4.2.7
The Issuing Authority may, on a project -by -project basis, exempt other
land disturbance activities not specifically identified in Section 4.2.
4.3 EPSC :Permit Application
Upon approval of the Preliminary .Plat, or other applicable approvals from the local
planning and zoning authorities, the person responsible for the land disturbing activities
subiect to this ordinance must submit a completed EPSC Permit Application Form along
with an EPSC plan to the City Engineer for review and approval. A licensed engineer
shall prepare the EPSC Plan. The Issuing Authority may waive the preparation or
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gpproval and signature by the licensed engineer when it is self-evident that the work is
simple clearly shown and entails no hazard or nuisance potential to adjacent property car
watercourse and does not include the placement of fill upon which a structure may be
erected.
4.4 Fiscal Surety
4.4.1 The Permittee shall be responsible for the installation, good repair, day to
day maintenance and ultimate removal of al.l temporary and permanent
p EPSC measures.
4.4.2 The Issuing Authority require the Permittee to post a fiscal surety in
the form of, cash, blanket bond certified check, irrevocable letter of
credit or other instrument approved by the Issuing Authority. Fiscal.
suretyfor �or single-family developments may be exempt as determined by
the Issuing Authority. When a fiscal surety is required, the surety shall be
posted prior to the issuance of an EPSC Permit.
4.4.3 The fiscal surety shall be in the amount_eaual to one hundred twenty-five
(125) percent of the estimated. cost of the :EPSC measures as approved by
the Issuing Authority. Whenever feasible, fiscal surety for the EPSC
measures may be combined with and posted with other appropriate
security instruments such as those required for final plat approval or other
building approvals.
4.4.4 If the Issuing Authority finds the required temporary or permanent
improvements or control measures have not been installed or maintained
properly or are not in good repair or functioning properly, then the Issuing
Authority may declare the Permittee to be in default and enforcement
actions initiated.
4.4.5 Request for release of surety may made after the Issuing Authority
makes an inspection of the property and determines that site construction
is finished; final stabilization has been established; the required
improvements and controls are properly installed and temporary controls
have been removed.
4.5 General Permit
Com.v.lving with the provisions of this Ordinance and .issued EPSC Permit does
not exempt the Permittee from obtaining coverage from the Kentucky Division of
Water under the KPDES Ston -n. Water General Permit for storm discharges related
to construction activities that disturb one (.1.) acre of more. The Permittee shall
provide a copy of the Notice of Intent filed with the Kentucky Division of Water
to the Issuing Authoritv prior to the issuance _of_an EPSC Permit by the Issuing
Authori.tv.
4.6 Relation to Other Laws
Neither this Ordinance nor any administrative decision made under it exempts the
Permittee or any other person fromrp ocuring other required local, state, or federal
permits or complying with the requirements and conditions of such other permit(s)
or limits the right of any person to maintain, at any time, any appropriate action, at
,. law or in equity, for relief or damages against the Permittee or any other person
arising from the activity regulated by this Ordinance.
(5) - REVIEW AND APPROVAI.
The Issuing Authority will review each application for an EPSC permit to determine its
conformance with the provisions of this Ordinance. After receiving a complete
application and EPSC plan, the Issuing Authority shall, in writing:
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5.1 Approve the application and EPSC plan and issue the EPSC Permit;
5.2 Approve the application and EPSC plan subject to such reasonable
conditions as may be necessary to secure substantially t��jectives of
this Ordinance, and issue the EPSC Permit subject to these conditions; or
5.3 Disapprove the permit application and EPSC plan, indicating the reason(s)
and procedure for submitting a revised application and/or submission.
(_6) - EROSION PREVENTION AND SEDIMENT CONTROL PLAN
6.1. Land disturbance activities, which. involve the disturbance of soil as defined
herein and described. in. Section 4.1 above, require an EPSC Plan approved by the
Issuing Authority. These plans shall be prepared by a licensed professional
engineer, drawn to an appropriate scale and shall include sufficient information to
evaluate the environmental characteristics of the affected areas, the potential
impacts of the proposed grading on water resources, and show measures proposed
to minimize soil erosion and off-site sedimentation. The permitee shall assure
that all clearinggrading, drainage, construction, and development are performed
in strict accordance with the approved plan and this Ordinance. The EPSC Plan
shall include the following:
6.1.1 A project narrative.
6.1..2 The location of the site in relationship to the surrounding area's
watercourses water bodies sinkholes roads structures and other
significant geographic features vulnerable to erosion from the disturbed
site.
6.1.3 An indication of the scale used.
6.1.4 The name, address, and telephone number of the owner and/or developer
of the property where the land disturbing activity is proposed.
6.1.5 Ground contours, minimum 2 feet intervals, for the existing and proposed
topography.
6.1.6 The proposed grading or land disturbance activity including: the surface
area involved, excess spoil material, use of borrow material, and specific
limits of disturbance.
6.1.7 A clear and definite delineation of anv areas of vegetation. or trees to be
saved.
6.1.8 A clear and definite delineation of any wetlands, sinkholes, natural or
artificial water storage detention areas, and drainage ditches on the site.
6.1.9 A clear and definite delineation of any hundred (100) year floodplain
on or near the site.
6.1.1.0 Existing and proposed storm drainages std
6..1...11 Standard details for storm water facilities and .EPSC measures.
6..1.1.2 .Erosion and sediment control provisions to minimize on-site erosion and
prevent off-site sedimentation including provisions to preserve topsoil
and limit disturbance.
6.1.13 Design details for both temporarypermanent erosion control
structures.
v
6.1.14 Details of temporary and permanent stabilization measures.
6.1.1.5 A signed statement on the permit by the permittee that any clearing=
grading, construction, or development, or all of these, will be done
pursuant to the approved EPSC plan and this Ordinance.
6.2 The applicant may propose the use of any erosion protection and sediment control
techniques in a Final EPSC Plan. provided such techniques are proven to be as or
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more effective than the equivalent best management practices as contained in the
Kentucky Erosion Prevention and Sediment Control Field Guide.
(7) DESIGN REQUIREMENTS
7.1 The design testing installation and maintenance of erosion protection and
sediment control operations and facilities shall adhere to the criteria, standards
and specifications as set forth in the most recent version of the Kentucky Erosion
Prevention and Sediment Control .Field Guide
7.2 At a minimum the following requirements shall be met:
7.2..1 Cut and fill slooes stabilized with standard vegetation shall be no greater
than 3H:1 V unless approved by the Issuing Authority.
7.2.2 Clearing andar�ding, except that necessary to establish sediment control
devices, shall not commence until sediment control devices have been
installed.
7.2.3 Erosion control methods shall. include the following:
7.2.3.1 Phasing of clearing and grading_gperations for all sites greater
than 30 acres;
7.2.3.2 Soil stabilization by seeding/mulching within 15 days of mass
grading operations for borrow (excavation) and fill areas:
7.2.3.3 Stabilizing soil stockpiles at the end of each workday;
7.2.3.4 Installing diversion ditches or other techniques where upland
runoff occurs past disturbed areas
7.2.4 Sediment control methods shall include installing detention/retention
facilities sedimentation basins and traps other similar facilities at the
most downstream runoff location within the site.
7.2.5 Waterway (creeks ditches etc.) protection shall include the installation of
a temporary stream crossing• on-site storm water drainage system and
stabilized outlets at all pipes.
7.2.6 Prevention of mud and debris onto public roadways by construction
equipment and vehicles shall include the installation of crushed stone
construction entrances.
7.2.7 Maintenance schedule during and after construction of graded surfaces,
EPSC facilities, and drainage structures.
(8) — INSPECTION
8.1 The Issuing Authority or its duly authorized representatives shall, as deemed
necessaryby the Issuing Authority, make inspections of land disturbing activities
subject to this Ordinance.
8.2 To ensure compliance with the approved EPSC Plan and to examine field
practices to determine if control measures are adequate, authorized inspectors of
the Issuing Authority shall have the power to inspect any land disturbing activity
and to review the records of all inspections repairs and modifications made by the
Permittee.
i
8.3 The Permittee shall notify the Issuing Authority 24 hours in advance of
conducting initial land disturbing activities.
8.4 Consistent with the requirements of the Kentucky Division of Water the Permittee
shall conduct weekly inspections of the EPSC and document the results of such
inspections. These reports shall. be kept on site if possible but otherwise made
available to the Issuing Authority, if requested. At a minimum the inspection
report shall include the date time of day, name of the person conducting the
inspection company represented scope of the inspection major observations
relating to the :EPSC Plan and B:M.Ps installed, and subsequent changes. The
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Issuing Authority has the right to make regular inspections to ensure the validity
of the inspection reports.
8.5 The Permittee shall be self -policing and shall correct or remedy any EPSC
measures that are not effective or functioning properly at all times during the
various phases of construction. Failure of the permittee under this provision
subjects the permittee and/or landowner to penalties under the enforcement
provisions of this ordinance.
(9) — ENFORCEMENT
9.1 The Issuing Authority shall. be .responsible for the enforcement of this Ordinance.
A stop -work order may be posted for the entire project or any specified part
thereof if any of the following conditions exist:
9.1.1 Any disturbance activityregulated under this Ordinance is being
undertaken without a permit.
9.1.2 The Erosion and Sediment Control Plan is not being fully implemented.
9.:1..3 Any of the conditions of the .EPSC .Permit are not being met.
9.2 For the purposes of this section, a stop -work order is validl.v posted by posting a
copy of the stop -work order on the site of the land disturbing activity in
reasonable proximity to a location where the land disturbing activity is taking
place. Additionally, a copy of the order, in the case of work :for which there is an
EPSC Permit, shall be mailed by first class mail, postage pre -paid to the address
listed by the Permittee on the permit.
9.3 Once a Stop Work Order has been issued, the permittee may not conduct land
disturbing activities until such time that the permittee .has demonstrated full
compliance with the approved EPSC Plan, and received written approval by the
Issuing Authority.
9.4 For land disturbance activities being conducted without a permit, the responsible
parties shall immediately cease such activity upon being notified by the Issuing
Authority. If the responsible party does not cease the land disturbance activity
immediately, the Issuing Authority may request the City Attorney to obtain
injunctive relief.
9.5 Ten (.10) calendar dans after postine a stov-work order. the Issuing Authority ma
issue a notice of intent to the Permittee, landowner, or land user of the Issuing
Authority's intent to perform. work necessary to comply with Ordinance. The
Issuing Authority may go on the land and commence work after three (3) calendar
days from issuing the notice of intent. The costs incurred by the Issuing
Authority to perforrn this work shall be paid by the landowner or Permittee out of
the fiscal security referred to in this Ordinance, to the extent that the amount is
covered thereby, with the remainder being directly due and owed by the
landowner or Permittee. In the event no EPSC permit was issued or no bond was
posted, the cost, plus interest at the rate authorized by the Issuing Authority, plus
a reasonable administrative and attorneysshall be billed to the owner.
9.6 Compliance with the provisions of this Ordinance may also be enforced by
injunction.
9.7 The Issuing Authority is authorized to require immediate abatement of an
violation. of this Ordinance that constitutes an immediate threat to the health
safety or well-being of the public. If an s�violation is not abated
immediately, the Issuing Authority is authorized to enter onto private or public
property and to take any and all measures required to remediate the violation.
Any expense related to such remediation undertaken by the Issuing Authority
shall be fully reimbursed by the property owner and/or responsible party. If any
expenses related to remediation are not reimbursed by the property owner and/or
responsible party within .1.0 days of notification by the Issuing Authority to these
individuals then the expenses shall become a special assessment against the
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property and shall constitute a lien on the property for the amount of the
assessment. The Issuing Authority shall. be entitled to recover. from the property
owner and/or responsible arty all reasonable attorney fees and other costs of
collection required in order to enforce the lien, if any, which secures the liability
of the property owner and/or responsible party related to these remediation
expenses.
9.8 Any person firm corporation or agent acting as principal, agent, employee or
otherwise, who fails to comply with the provisions of this Ordinance shall be
guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine
p of not less than one hundred dollars ($100.00)/day and not .more than five hundred
dollars ($500.00)/day or by mprisonment for not more than ninety (90) days, or
both, for each separate offense. Each day there is a violation of any part of this
Ordinance shall constitute a separate offense.
9.9 Should the Issuing Authority or City take legal action to enforce the provisions of
this Ordinance the Issuing Authority or City shall be entitled to collect any and
all costs in instituting and taking such legal action, including but limited to its
court costs and attorney's fees.
SECTION 2. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapte;�424.
Mayor
ATTEST:
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, December 13, 2005
Adopted by the Board of Commissioners, December 20, 2005
Recorded by Tammara S. Brock, City Clerk, December 20, 2005
Published by The Paducah Sun, December 28, 2005
\ord\eng\50-Article IV
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