The text
Footnotes:
--- (1) --- State Law reference— Local health regulations, G.L. 1956, § 23-19.2-1 et seq.
ARTICLE I. - IN GENERAL#
Secs. 18-1—18-18. - Reserved.#
ARTICLE II. - PUBLIC NUISANCES#
Footnotes:
--- (2) --- State Law reference— Order to remove refuse, G.L. 1956, § 23-19.2-4 et seq.
Sec. 18-19. - 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:
Investigative body means the city fire division, division of code enforcement, the environmental action officer and any other person or department which is authorized by state law or city ordinance to conduct investigations of private property for the city.
Nuisance property means any property, both real and personal, within the city which is cited for two or more separate and unrelated violations during two or more separate inspections within a 12-month period by an investigative body of the city.
Public nuisance means any condition or use of premises or of building exteriors which is detrimental to the property of others or which causes or tends to cause substantial diminution in value of other property in the neighborhood in which such premises are located, or a building that is a menace to the public health, welfare or safety or that is structurally unsafe, unsanitary or not provided with adequate safe egress, or that constitutes a fire hazard, or is otherwise dangerous to human life, or is otherwise no longer fit and habitable, or that in relation to existing use constitutes a hazard to the public health, welfare or safety by reason of inadequate maintenance, dilapidation, obsolescence or abandonment. This includes, but is not limited to, the keeping or the depositing on or the scattering over the premises of any of the following: (1)
Lumber, junk, trash or debris.
(2)
Abandoned, discarded or unused objects or equipment such as automobiles, trailers, buildings, furniture, stoves, refrigerators, freezers, cans, or containers.
(3)
Any compost pile which is of such a nature so as to spread or harbor disease, emit unpleasant odors or harmful gas or attract rodents, vermin or other disease-carrying pests, animals or insects, provided that the presence of earthworms in a compost pile shall not constitute a nuisance.
(4)
The using of any part of the property or any public property adjacent thereto for the manufacture, sale, use or delivery of a controlled substance or from possessing on the property or any public property adjacent thereto with the intent to manufacture, sell, use or deliver a controlled substance classified in schedule I or schedule II of G.L. 1956, tit. 21, ch. 28 (G.L. 1956, § 12-28-1.01 et seq.).
(5)
The using of any part of the property adjacent thereto, to receive or offer or agree to receive any person into any place, structure, house, building or room for the purpose of pandering or committing prostitution or for any other lewd or indecent act.
(Code 1994, §§ 18-51, 18-54; Ord. of 6-1-2005(3))
Sec. 18-20. - Authority of director of public safety.#
(a)
The director of public safety shall have the authority to declare any building or property, be it real or personal, in the city as a public nuisance.
(b)
The director of public safety shall issue a public nuisance declaration via regular and certified mail to the building or property owner and shall send a copy to the Central Falls Nuisance Property Task Force.
(c)
The director of public safety shall issue a public nuisance declaration based upon a recommendation of the Central Falls nuisance property task force.
(1)
Establishment. The Central Falls Nuisance Property Task Force is hereby established as a cross departmental effort designed to create collaboration among city officials in identifying and abating nuisance properties. The mission of the nuisance task force is to address, in a holistic and systematic way, properties identified as nuisances that negatively impact city neighborhoods, the quality of housing available, and the health and life of city residents, businesses and visitors.
(2)
Purpose. The Central Falls nuisance property task force shall create a system to document, track and report on nuisance properties; research and document best practices to address nuisance properties; develop and implement strategies for nuisance abatement that are individually tailored to targeted nuisance property; meet with and assist owners, neighbors and interested parties of nuisance properties in abating the nuisances; request prosecution for those liable for nuisance properties who fail or refuse to abate nuisances; facilitate the transfer of abandoned or otherwise severely neglected properties to responsible owners; identify potential urban redevelopment and neighborhood revitalization opportunities and to facilitate the coordinated and efficient realization of these opportunities; provide multilingual community education and awareness with respect to foreclosure, nuisance avoidance and abatement, responsible ownership, and landlord-tenant relations; complete a comprehensive review, identify improvements and propose revisions of city ordinances; and improve the overall quality of housing stock and quality of life in the neighborhoods in the city.
(3)
Membership. The director of public safety shall appoint without the necessity of any approval or confirmation by any other person or body. the following members and officers to the Central Falls nuisance property task force. who shall serve at the pleasure of the director:
a.
The city solicitor or his or her designee to serve as chair;
b.
The director of the department of public works and code enforcement or his or her designee to serve as vice-chair;
c.
The city clerk or his or her designee to serve as secretary;
d.
The director of planning and economic development or his or her designee;
e.
The chief of the fire department or his or her designee;
f.
The chief of the police department or his or her designee;
g.
The president of the city council or his or her designee;
h.
The housing inspector or his or her designee;
i.
The housing prosecutor or his or her designee;
j.
The Attorney General or his or her designee;
k.
The executive director of Progreso Latino or his or her designee;
l.
The executive director of Pawtucket Central Falls Development or his or her designee;
m.
The executive director of Central Falls Housing Authority or his or her designee.
(4)
Meetings. Regular meetings of the Central Falls nuisance property task force shall be held at least once each month at a date fixed by the chairperson. Special meetings shall be held as often as the chairperson determines is necessary. A quorum for purposes of voting shall be seven while a quorum for purposes of nonvoting matters shall be five.
(Code 1994, § 18-53; Ord. of 6-1-2005(3); Ord. of 7-10-2017(1), § 2; Ord. of 7-10-2023(2), § 1)
Sec. 18-21. - Nuisance inspection fee.#
(a)
Any person who owns property in the city and upon declaration of said property as a nuisance property by the director of public safety will be subject to a penalty for the violation of this chapter of up to $500.00. Each and every day subsequent to the declaration received by the owner will constitute a new violation of this chapter until the director of public safety declares that the property is no longer a nuisance.
(b)
Failure to pay said penalty within 30 days of the citation will result in a lien being placed on the property.
(Code 1994, § 18-52; Ord. of 6-1-2005(3); Ord. of 7-10-2017(1), § 2)
Sec. 18-22. - Appeal to municipal housing court.#
All appeals contesting municipal action pursuant to this article shall be heard in the municipal housing court or a court of competent jurisdiction.
(Code 1994, § 18-55; Ord. of 6-1-2005(3); Ord. of 7-10-2017(1), § 2)
Secs. 18-23—18-47. - Reserved.#
ARTICLE III. - JUNKED AND ABANDONED VEHICLES#
Footnotes:
--- (3) --- State Law reference— Abandoned motor vehicles, G.L. 1956, § 31-42-1 et seq.
Sec. 18-48. - 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:
Abandoned motor vehicle means a motor vehicle that is inoperable and over eight years old and is left unattended on public property for more than 48 hours, or a motor vehicle that has remained illegally on public property for a period of more than three days, or a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than three days.
Abandoned motor vehicle of no value means a motor vehicle that is inoperable and over ten years old and is left unattended on public property for more than 48 hours, or a motor vehicle that has remained illegally on public property for a period of more than three days, or a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than three days and meets the following criteria: (1)
The vehicle has no evidence of current registration in or upon the vehicle;
(2)
The vehicle has a fair market value of $500.00 or less; and
(3)
The vehicle does not have a valid inspection sticker.
Motor vehicle means any vehicle which is self-propelled and designed to travel along the ground and shall include but not be limited to automobiles, busses, motorbikes, motorcycles, trucks, tractors, go-carts, golf carts, campers, boats and trailers.
Nonoperational motor vehicle means a motor vehicle which is left unattended on private property for more than three days, which does not have lawfully affixed thereto both an unexpired plate or plates and a current motor vehicle safety inspection certificate and the condition of which is wrecked, dismantled, partially dismantled or inoperative.
Private property means any real property within the city which is privately owned and which is not public property, as defined in this section.
Public property means any street or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel and also any other publicly owned property or facility.
Vehicle survey report means a report printed in the form set forth in the General Laws of the state.
(Code 1994, § 18-36; Ord. of 12-14-1987(1); Ord. of 9-30-2002(1))
Sec. 18-49. - Dismantled, unservicable, junked and abandoned vehicles not permitted.#
No person shall deposit, store, keep or permit to be deposited, stored or kept in the open upon public or private property a dismantled, unserviceable, junked or abandoned vehicle or one legally or physically incapable of being operated.
(Code 1994, § 18-37; Ord. of 12-14-1987(1), § A)
Sec. 18-50. - Storage of vehicles restricted; declaration of nuisance; exceptions.#
(a)
No person shall park, leave or permit the parking, storing or leaving of any motor vehicle of any kind which is abandoned or nonoperational upon any public or private property within the city for a period of time in excess of three days.
(b)
The presence of an abandoned or nonoperational vehicle or parts thereof on private or public property is hereby declared a nuisance which may be abated as such in accordance with the provisions of this article and those provisions of the General Laws of the state and relative to abandoned motor vehicles.
(c)
This section shall not apply to any vehicle: enclosed within a building on private property, to any vehicle held in connections with a business enterprise, lawfully licensed by the city and properly operated in the appropriate business zone pursuant to the zoning laws of the city, or to any motor vehicle in operable condition specifically adopted or designed for operation on drag strips or raceways or any vehicle retained by the owner for antique collection purposes and registered for that purpose.
(Code 1994, § 18-38; Ord. of 9-30-2002(1))
Sec. 18-51. - Authority to take possession of abandoned and nonoperational motor vehicles.#
(a)
The police department or the department of code enforcement, upon completion of a vehicle survey report or upon receipt of an order of the municipal court, may take into custody any motor vehicle found abandoned or nonoperational on public or private property. In such connection, the police department or the department of code enforcement may employ its own personnel, equipment and facilities or authorize persons, equipment and facilities for the purpose of removing, preserving and storing abandoned motor vehicles.
(b)
It shall be unlawful for any person to interfere with, hinder or refuse to allow such person to enter private property for the purpose of removing a motor vehicle under the provisions of this chapter.
(Code 1994, § 18-39; Ord. of 9-30-2002(1))
Sec. 18-52. - Notice to remove summons to appear.#
(a)
Whenever it comes to the attention of the police department or the department of code enforcement that any abandoned motor vehicle or abandoned motor vehicle of no value is located on any property, public or private, in the city, or that a nonoperational motor vehicle is located on private property in the city without the consent of the property owner as defined in this chapter, the police department or the department of code enforcement shall post or attach to the vehicle, 48 hours prior to towing, a notification of abandoned or nonoperational vehicle indicating that the vehicle will be towed.
(b)
Summons to appear.
(1)
Whenever it comes to the attention of the police department or the department of code enforcement that any nonoperational motor vehicle as defined in this chapter exists on private property in the city with or without consent of the owner of said private property, a notice in writing shall be served upon the owner of the land where said motor vehicle is located and upon the vehicle's owner or last known owner notifying them of the existence of the violation and requesting its removal within three days. Said notice shall also include a summons to appear in the municipal court by certified mail or in person on a date certain, if the vehicle is not removed within the prescribed time.
(2)
The notice and summons to appear may be served by any sheriff, deputy sheriff, constable, police constable, city sergeant or police officer. It shall also constitute sufficient notice and service of process when a copy of the same is posted in a conspicuous place upon the private property on which the vehicle is located and duplicate copies are sent by certified mail to the owner of the vehicle, if known, or the owner of the property at his last known address.
(c)
Whenever it comes to the attention of the police department or the department of code enforcement that any abandoned motor vehicle, abandoned motor vehicle of no value or a nonoperational motor vehicle is located on any property, public or private, in the city, with or without the consent of the property owner, and said motor vehicle is leaking fuel or other harmful substance, or creates a substantial hazard which, if allowed to remain, is a detriment to the health, safety and welfare of the inhabitants of the city, the police department or the department of code enforcement shall immediately tow the motor vehicle in question without prior notification. However, the owner of said vehicle shall be entitled to a full and fair hearing in the municipal court within 14 days of the date that the owners and lienholders are given notice that the vehicle has been towed as set forth in this chapter.
(Code 1994, § 18-40; Ord. of 9-30-2002(1))
State Law reference— Notice on abandoned motor vehicles, G.L. 1956, § 31-42-2.
Sec. 18-53. - Garagekeepers and abandoned motor vehicles.#
Any motor vehicle left for more than ten days in a garage operated for commercial purposes after notice by registered mail, return receipt requested, to the owner to pick up the vehicle, or for more than ten days after the period when, pursuant to contract, the vehicle was to remain on the premises, and any motor vehicle left for more than ten days in such garage by someone other than the registered owner or left by a person authorized to have possession of the motor vehicle, shall be deemed an abandoned vehicle and shall be reported by the garagekeeper to the police department. Any garagekeeper who fails to report the possession of such a vehicle within ten days after it becomes abandoned within the meaning of this section shall no longer have any claim for storage of the vehicle. All abandoned vehicles left in garages may be taken into custody by the police department and sold in accordance with the procedures set forth in this division unless the motor vehicle is reclaimed and the garagekeeper is paid. The proceeds of the sale shall be first applied to the garagekeeper's charges for storage and any surplus proceeds shall be distributed in accordance with G.L. 1956, § 31-42-4. Except for the termination of claim for storage for failure to report an abandoned motor vehicle, nothing in this section shall be construed to impair any lien of a garagekeeper under the laws of the state, or the right of a lienholder to foreclose. For the purposes of this section, the term "garagekeeper" means any operator of a parking place establishment or motor vehicle storage facility.
(Code 1994, § 18-42; Ord. of 12-14-1987(1), § F)
State Law reference— Similar provisions, G.L. 1956, § 31-42-5.
Sec. 18-54. - Liability for loss or damage.#
Neither the owner, lessee or occupant of the premises from which any disabled, junked or abandoned vehicle or one legally or physically incapable of being operated shall be removed, nor shall his servant or agent or the city be liable for any loss or damage to such vehicle while being removed, while in the possession of the city, or as a result of any subsequent sale or other disposition.
(Code 1994, § 18-43; Ord. of 12-14-1987(1), § G)
Secs. 18-55—18-100. - Reserved.#
ARTICLE IV. - SEWERS AND DRAINS#
Sec. 18-101. - Illicit discharges defined.#
Illicit discharges to the municipal storm sewer system are comprised of nonstormwater discharges that are expressly prohibited from the municipal storm sewer system unless: (1)
The discharges have received all required federal, state and local permits, including the Rhode Island Pollutant Discharge Elimination System (RIPDES); or
(2)
The discharges are included in one of the following categories of discharges:
a.
Discharges which result from the washdown of vehicles at retail dealers selling new and used automobiles where no detergents are used and individual residential car washing.
b.
External building washdown where no detergents are used.
c.
The use of water to control dust.
d.
Firefighting activities.
e.
Fire hydrant flushing.
f.
Natural springs.
g.
Uncontaminated groundwater.
h.
Dechlorinated pool discharges.
i.
Air conditioning condensate.
j.
Lawn watering.
k.
Potable water sources, including water line flushing.
l.
Irrigation drainage.
m.
Pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled materials have been removed) and where detergents are not used.
n.
Discharges from foundation or footing drains where flows are not contaminated with process materials such as solvents, or contaminated by contact with soils where spills or leaks of toxic or hazardous materials have occurred.
o.
Uncontaminated utility vault dewatering.
p.
Dechlorinated water line testing water.
q.
Hydrostatic test water that does not contain any treatment chemicals and is not contaminated with process chemicals.
(Ord. of 6-25-2009, § 42-1)
Sec. 18-102. - Right of entry.#
To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the director of public works and/or his/her designated representative may enter upon privately owned property for the purpose of performing their duties under this article and may make or cause to be made such examinations, surveys or sampling as the city deems reasonably necessary.
(Ord. of 6-25-2009, § 42-2)
Sec. 18-103. - Notification of spills.#
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in unauthorized discharges or pollutants discharging into stormwater, the storm drain system, or waters of the state from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material, said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of nonhazardous materials, said person shall notify the authorized enforcement agency no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the authorized enforcement agency within five working days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Nothing in this section shall preclude any owner/lessee from compliance with relevant provisions of the Rhode Island Clean Water Act, G.L. 1956, § 46-12-1 et seq., or other applicable laws or regulations.
(Ord. of 6-25-2009, § 42-3)
Sec. 18-104. - Enforcement; violations and penalties.#
If an illicit discharge to the municipal storm sewer system is detected, the owner shall cease the discharge. If the discharge does not cease within seven calendar days, the owner may be summoned to appear before the municipal court and, after being given an opportunity to be heard, may be fined $100.00 per calendar day that the violation goes unrepaired, and the city may be authorized to take the available appropriate remedies it deems necessary to correct the violations and to assess a lien on the subject property in an amount equal to the cost of the remedial actions. The lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. The lien shall be recorded in the land evidence records of the city and shall incur legal interest from the date of the recording. The imposition of any penalty shall not exempt the offender from compliance with the provisions of this article, including revocation of the performance bond or assessment of a lien on the property.
(Ord. of 6-25-2009, § 42-4)
Sec. 18-105. - Discharge of other wastes prohibited; violations penalties.#
Any individual or other party is prohibited from discharging waste, including construction waste, building material, truck washout, chemicals, litter, sanitary wastes or other waste, into the city right-of-way, storm sewer system, or other city property. If such a violation occurs, the city may fine the violator $200.00 and require removal of the waste within ten calendar days at the violator's expense. The city may charge the violator any costs associated with removal or repair of damage resulting from the violation.
(Ord. of 6-25-2009, § 42-5)
Sec. 18-106. - Administrative hearing.#
Any owner or responsible party, receiving a written notice of violation, shall be given an opportunity for a hearing before the city board of appeals to state his/her case. Application for said appeal shall be received by the board of appeals prior to the date of compliance stipulated by the written notice of violation. In exercising its powers in ruling, the board may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, and may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the officer or agency from whom the appeal was taken.
(Ord. of 6-25-2009, § 42-6)
Secs. 18-107—18-140. - Reserved.#
ARTICLE V. - POSTCONSTRUCTION STORMWATER CONTROL#
Sec. 18-141. - Findings; purpose.#
(a)
Unmitigated stormwater from areas altered by development may pose public health and safety threats. Potential contaminants in stormwater runoff may include suspended solids, nitrogen, phosphorus, hydrocarbons, heavy metals, pathogenic organisms (bacteria and viruses), and road salts.
(b)
This article establishes the administrative mechanisms necessary for the city to ensure proper stormwater management. The article is written to work in conjunction with current state regulations.
(Ord. of 6-25-2009, § 44-1)
Sec. 18-142. - Applicability.#
This article shall apply to all development occurring within the city that requires development plan review. No person shall engage in land development activities without receiving approval from the city planning commission or the department of planning and redevelopment.
(Ord. of 6-25-2009, § 44-2)
Sec. 18-143. - Technical standards.#
All applicants are required to develop and submit a stormwater management plan. All stormwater management plans must address stormwater management on a site-by-site basis and all requirements of this article. All stormwater management practices shall be consistent with the state stormwater design and installation standards manual and the state soil erosion and sediment control handbook, as amended. (1)
Performance standards. Stormwater management plans shall incorporate best management practices for water quality control, which in combination are demonstrated to reduce the average annual total suspended solids in post-development runoff by 80 percent. Development in drinking water supply watersheds or watersheds where impaired waters as defined by the state's 303(d) list exist may be held to higher standards.
(2)
Disallowed stormwater best management practices. The placement of detention basins and other stormwater structures within a floodplain shall be avoided. If there is no alternative, the applicant must show what effects, if any, the tail waters created by the floodplain will have on the outflow and effective storage capacity of the detention facility.
(3)
Facilitation of maintenance. Facilities that require maintenance shall be designed to minimize the need for regular maintenance, facilitate required maintenance, and ensure accessibility of components that require maintenance. At a minimum, all stormwater management plans must incorporate best management practices with appropriate maintenance design in accordance with the state stormwater design and installation standards manual, as amended; or the state soil erosion and sediment control handbook, as amended.
(4)
Flood protection. Stormwater management plans shall demonstrate that a proposed project provides for protection of life and property from flooding and flood flows. Water quantities must be controlled in accordance with the state stormwater design and installation standards manual, as amended, or a municipally approved regional stormwater management plan for the watershed in which the development site is located. Stormwater management plans shall demonstrate incorporation of the following standards into the proposed project:
a.
Control and maintenance of post-development peak discharge rates from the two-year, ten-year, 25-year, and 100-year storm events and predevelopment levels.
b.
Downstream analysis of the 100-year storm event and control of the peak discharge rate for the 100-year storm to mitigate significant downstream impacts.
c.
Discharge from any stormwater facility must be conveyed through properly constructed conveyance system to provide for nonerosive flows during all storm events. The proposed stormwater conveyance system consisting of open channels, pipes, and other conveyance devices shall at a minimum accommodate the runoff from a 25-year storm event. The stormwater conveyance system must provide for nonerosive flows to receiving waters.
(5)
Surface water and groundwater. Stormwater management plans shall demonstrate that during develop and post-development, all receiving waters will be recharged in a manner closely resembling predevelopment conditions and that the developed site will retain hydrological conditions that closely resemble those prior to disturbance.
(Ord. of 6-25-2009, § 44-3)
Sec. 18-144. - Maintenance requirements for best management practices.#
(a)
Routine maintenance and repair procedures.
(1)
Preventative maintenance procedures are required to maintain the intended operation and safe condition of the stormwater management facility by greatly reducing the occurrence of problems and malfunctions. To be effective, preventative maintenance shall be performed on a regular basis and include such routine procedures as training of staff, periodic inspections, grass cutting, elimination of mosquito breeding habitats, and pond maintenance. Disposal of sediment and debris must occur on a regular basis (unless otherwise specified within an approved plan), at suitable disposal sites or recycling sites and comply with applicable local, state and federal regulations.
(2)
Corrective maintenance procedures are required to correct a problem or malfunction at a stormwater management facility and to restore the facility's intended operation and safe condition. Based upon the severity of the problem, corrective maintenance must be performed on an as-needed or emergency basis and include such procedures as structural repairs, removal of debris, sediment and trash removal which threaten discharge capacity, erosion repair, snow and ice removal, fence repair, mosquito extermination, and restoration of vegetated and nonvegetated linings.
(b)
General maintenance standards.
a.
Maintenance design and maintenance procedures for all stormwater best management practices shall be in accordance with the state stormwater design and installation standards manual, as amended; or the state soil erosion and sediment control handbook, as amended. Stormwater management plans shall demonstrate appropriate maintenance design and procedures for each proposed best management practice.
b.
A maintenance schedule for each type of BMP must be included in the stormwater management plan. These schedules shall list the frequency and type of maintenance operations necessary along with the legally responsible party's name, address, and telephone number. If the stormwater drainage system is to be deeded to the local municipality, the applicant must obtain a letter from the municipality acknowledging maintenance responsibility and intent of ownership.
(Ord. of 6-25-2009, § 44-4)
Sec. 18-145. - Stormwater management plans.#
(a)
Calculations. In addition to the information required for stormwater management plans, the following information must also be included with the application, where applicable:
(1)
The area of each subbasin as identified on final site plans.
(2)
The area of impervious surfaces (including all roads, driveways, rooftops, sidewalks, etc.) for each subbasin as identified in the state stormwater design and installation standards manual, as amended.
(3)
Weighted curve numbers (CN), as determined by the SCS TR-55 method, for each subbasin as identified in the state stormwater design and installation standards manual, as amended.
(4)
Invert elevations for all applicable BMPs. In addition, the elevations for permanent and/or flood pool stages, including peak discharge rates for each stage, within all basins are required.
(5)
The total volume capacity for all flood control and water quality BMPs (e.g., infiltration basin, detention basins, wet ponds, etc.). Volumes must be segregated into permanent and flood pool stage volumes where applicable. Furthermore, the volumes of all sediment storage (basins, fore bays, etc.) areas must also be shown.
(6)
Predevelopment and post-development peak discharge rates and runoff volumes for the two-year, ten-year, 25-year, and 100-year frequency storm events for each sub-watershed. The water quality volume must also be calculated for each sub-watershed. All relevant variables such as curve numbers and time of concentration, along with the supporting computations and worksheets, must be included.
(b)
Narrative description. As part of the stormwater management plan, the applicant shall include a discussion of the protection of environmental resource functions and values. The following outline is provided as guidance for preparing a narrative description for the stormwater management plan. Depending on the size and scope of the proposed project, the amount of information required by the permitting agency may vary; therefore, it is advised to consult the appropriate permitting agency for specific requirements.
(1)
Site description: general topography, soil types, current vegetative composition and relative abundance, existing infrastructure, and/or adjacent properties, identification of major resources (e.g., wetlands, groundwater, surface waters, etc.), name of receiving waters, potential water quality and/or hydrologic impacts on resources.
(2)
Site input data: watershed characteristics, area of all impervious surfaces, total area of site, annual mean rainfall, runoff coefficients, curve numbers for various land uses, peak discharge rates.
(3)
Land use planning and source control plan.
(4)
Best management practices: identify the type of BMPs employed both during and post-construction and justification for selection, including any deviation from the state stormwater design and installation standards manual, as amended, and the potential effect on pollutant removal efficiency.
(5)
Technical feasibility of BMPs, including sizing, location, hydraulic and environmental impacts. Alternatives, which were considered but determined not to be feasible, should also be discussed.
(6)
Maintenance schedule of BMPs to be used, both during and post-construction, including frequency of inspection and maintenance.
(Ord. of 6-25-2009, § 44-5)
Sec. 18-146. - Maintenance agreements.#
Maintenance agreements shall provide written, contractual documentation, which demonstrates compliance with this article and legal arrangements for the upkeep of stormwater facilities to ensure their functionality and safety in accordance with this article. Maintenance agreements, which describe all maintenance schedules and requirements, must be developed for each stormwater management facility unless the facility is dedicated to and accepted by the city. (1)
Recognition of municipal inspection requirements. Maintenance agreements shall include a reasonable and regular schedule for the city, or designee, to conduct on-site inspection of the functionality and safety of stormwater management facilities. Inspection schedules shall be based on the complexity and frequency of maintenance needs and shall be subject to the approval of the city. At a minimum, maintenance frequency should be in accordance with the state stormwater design and installation standards manual, as amended.
(2)
Recordkeeping for maintenance activities. Maintenance agreements shall include provisions for maintenance recordkeeping. All activities conducted in accordance with a maintenance agreement must be recorded in a work order and inspection log. Timely updates of the log shall be the responsibility of the stormwater management facility owner or other responsible party pursuant to this article. Review of the maintenance and inspection log shall be completed by the city, or designee, to determine the effectiveness of operation, maintenance and safety activities. Reviews shall occur as part of each on-site inspection. Additional reviews may be made as deemed appropriate by the city or designee.
(3)
Responsibility for maintenance to ensure functionality and safety. Appropriate maintenance to ensure functionality and safety of stormwater management facilities shall be the responsibility the owner or may be assumed by another party via a written contractual arrangement in accordance with this article.
(4)
Alterations to maintenance agreements. Any alterations in maintenance responsibility or alterations to maintenance agreements must be reviewed and approved by the department of zoning and code enforcement. If portions of the land serviced by a stormwater management facility are to be sold, written contractual arrangements shall be made to pass all responsibility of the maintenance agreement to the purchaser and shall be subject to review and approval of the department of zoning and code enforcement. All alterations to maintenance agreements shall be recorded in accordance with this article.
(5)
Recordation of maintenance agreements. All maintenance agreements and alterations to maintenance agreements shall be recorded in the land evidence records of the city. Copies of all maintenance agreements and alterations to maintenance agreements shall be included in stormwater management plans. Recordation of maintenance agreements in accordance with this article shall be the responsibility of the owner.
(Ord. of 6-25-2009, § 44-6)
Sec. 18-147. - Application fees.#
The city shall be empowered to collect fees from permit applicants which are commensurate with the cost of administering this article.
(Ord. of 6-25-2009, § 44-7)
Sec. 18-148. - Enforcement.#
The city shall have the authority and discretion to invoke penalties and/or impose a lien, whenever a stormwater management facility is not implemented, operated, and/or maintained in accordance with its approval and this article. Any penalty invoked shall be in accordance with this article. (1)
Notification of violation. In the event that the stormwater management facility becomes a danger to public safety or public health, or in need of maintenance or has not been maintained in accordance with the maintenance agreement, the city shall so notify the responsible person in writing by certified mail. Upon receipt of that notice, the responsible person shall have five calendar days to temporarily correct the violations and 30 calendar days to complete maintenance and permanently repair the facility in a manner that is approved by the municipality. If the responsible person fails or refuses to perform such maintenance and repair, the municipality may immediately summon the applicant/owner to appear before the municipal court.
(2)
Enforcement of penalties and liens. Should the applicant/owner fail to take the corrective actions, the city shall then have the right to summon the applicant/owner to appear before the municipal court. The municipal court may issue an order authorizing the city to take the available appropriate remedies it deems necessary to correct the violations and may also order a fine of $100.00 per day that the violation goes unrepaired. The municipal court may also authorize the city to assert a lien on the subject property in an amount equal to the costs of remedial actions. The lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. The lien shall be recorded in the land evidence records of the city, and shall incur legal interest from the date of recording. The imposition of any penalty shall not exempt the offender from compliance with the provisions of this article, including assessment of a lien on the property.
(3)
Administrative hearing. Any owner or responsible party receiving a written notice of violation shall be given an opportunity for a hearing before the city board of appeals to state his/her case. Application for said appeal shall be received by the board of appeals prior to the date of compliance stipulated by the written notice of violation. In exercising its powers in ruling, the board may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, and may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the officer or agency from whom the appeal was taken.
(Ord. of 6-25-2009, § 44-8)