HomeMy WebLinkAbout91-2-4574W
ORDINANCE NO. 91-2-4574
AN ORDINANCE CREATING CHAPTER 27 1/2, STORMWATER
CONVEYANCE AND MANAGEMENT, OF THE CODE OF ORDINANCES OF THE
CITY OF PADUCAH, KENTUCKY
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. Section 27 1/2-1, General, of the Code
of Ordinances of the City of Paducah, Kentucky, is hereby
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created to read as follows:
"Stormwater management is vital in promoting the
health, safety, and general welfare of the public. It is
the intent of this ordinance, in an effort to minimize the
dangers of flooding to life and property, that certain
runoff control devices be provided as land areas are devel-
oped or redeveloped. The design criteria for such
stormwater conveyance structures is outlined in this chap-
ter.
"All development occurring within the City shall
provide for properly sized stormwater conveyance facilities
and shall contain on-site, or provide off-site, stormwater
management facilities capable of controlling increased
runoff relative to its pre -developed condition. Unless
included in exemptions listed below, no application for a
preliminary or final plan of subdivision shall be approved
unless it includes either a plan describing the manner in
which stormwater erosion and sediment resulting from the
development will be controlled or managed or a documented
request for a waiver thereof. Similarly, unless exempt, no
building permit shall be issued for any parcel or lot until
either an adequate stormwater management plan addressing
erosion, sediment and stormwater, or a documented request
for a waiver thereof, has been approved.
SECTION 2. Section 27 1/2-2, Stormwater Convey-
ance Facilities - Design Criteria, of the Code of Ordinances
of the City of Paducah is hereby created to read as follows:
"Definitions.
City Plan Review Staff. City Engineer and/or
other designated officials.
Controlled Release Structure. A facility
constructed to regulate the volume of stormwater runoff that
} is conveyed during a specific length of time.
Conveyance Structures. Water carrying devices or
improvements such as channels, ditches, storm sewers,
culverts, inlets, etc.
Detention (sometimes termed Retention).
Restraining the rate of stormwater runoff with some natural
or man-made devices.
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based upon interpretation of the docu-
mentation presented by the developer in
conjunction with staff knowledge of the
relationship of the proposed development
to the adjacent property.
"F. Design Certification
"Design of all stormwater management and convey-
ance facilities shall be prepared and stamped by a licensed
professional engineer (Kentucky registration required).
"G. Construction Certification
"Prior to final approval of the development, the
licensed Professional Engineer must submit certification
that the stormwater management and conveyance facilities
were constructed in accordance with the approved plan.
Final approval shall also provide evidence of the recording
of all stormwater conveyance and management facilities deed
restrictions, easements, and rights of way. Any request for
deviation from the approved plan during construction shall
be submitted to the city plan review staff in writina for
approval.
"H. Ownership, operation, and maintenance of
detention systems. )
i) For commercial, industrial, and
multi -family residential developments,
ownership and maintenance responsibili-
ties remain with the property own-
er/developer.
ii) For single family residential
subdivisions, the city may accept owner-
ship and maintenance responsibilities
provided that:
a. Construction and certification in
accordance to the approved plan.
b. Appropriate land dedication and
easements are provided, including
adequate public ingress and egress
from the facility to a public
street.
SECTION S. Section 27 1/2-5, Stormwater
Management Facilities - Design Criteria, of the Code of
Ordinances of the City of Paducah is hereby created to read
as follows-
"No certificate of occupancy shall be issued for
any development which is subject to the regulations of this
er unless and until all requirements and criteria of
this chapter are fully complied with. (Additionally, any
person who is subject to the regulations of this chapter
shall be liable to the city for a civil penalty of two
hundred and fifty dollars ($250.00) per violation per day
for as long as the violation(s) continues. In addition to
such penalty, the city may recover from such person its
reasonably attorney fees, court costs and other expenses
incurred in any enforcement proceedings.
SECTION 6. This is the second reading of this
ordinance, the first reading having been given on the 12th
day of February, 1991. Due to the extreme importance of the
contents of this ordinance and the urgent need of the City
to implement regulations relating to the control of storm
flow and waste, all of which is for the protection and best
interest of the public, this ordinance shall be effective
immediately upon enactment by the Board of Commissioners.
This ordinance shall be published according to law.
GERRY B. MONTGOMERY
Mayor
Introduced by the Board of Commissioners February 12, 1991
Adopted by the Board of Commissioners February 26, 1991
Recorded by Lenita Smith, City Clerk, February 26, 1991
Published by The Paducah Sun March 4, 1991.
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