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Location: cityofbardstown.org > Ordinances Drainage Control
Section 156.01 Purpose Design Criteria; Performance Standards 156.15 Stormwater management plan Bonds, Maintenance, Assurances, and Fees 156.30 Performance bonds and other assurance for completion and Administration and Enforcement 156.45 Flood Safety officer; responsibility 156.99 Penalty § 156.01 PURPOSE. The purpose of this chapter is to reduce or eliminate the hazards to public health and safety caused by excessive stormwater runoff, reduce economic losses to individuals and the community at large, and protect, conserve, and promote the orderly development of land and water resources. The provisions of this chapter further supplement ordinances regulating: (A) The subdivision, layout, and improvement of lands located within the corporate limits of the city. (B) The excavation, filling, and grading of lots and other parcels or areas. (C) The construction of buildings and the drainage of the sites on which these structures are located, to include parking and other paved areas. (D) The design, construction, and maintenance of stormwater drainage facilities and systems. § 156.02 INTERPRETATION. In the interpretation and application of this chapter, the provisions expressed herein shall be held to be the minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes or exercised by home rule units. § 156.03 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. "DETENTION FACILITY." Any structure which is designed to collect and store surface water for subsequent gradual discharge. "DRAINAGE FACILITY." Any component of the drainage system. "EXCESS STORMWATER RUNOFF." That portion of stormwater which exceeds the safe storm drainage capacity of storm sewers or natural drainage channels serving a specific watershed. "FLOOD PROTECTION OFFICER." The City Engineer or his authorized deputy, agent, or representative. “IMPERVIOUS AREAS.” The horizontal–projected plain area of roof and paved areas of all permanently constructed roofs of houses, garages, mobile homes, businesses, industries, paved driveways, patios and parking lots, but does not include no-permanent structures such as temporary buildings and tents. Also excluded are impervious areas of stored materials and equipment, swimming pools, ponds and lakes, and storm water retention and detention basins. Gravel or rock roads and gravel or rock parking areas are not considered as impervious areas. "PROTECTED CHANNEL." A channel which receives stormwater discharge and which is paved, rip-rapped, or otherwise improved by addition of man-made materials so as to reduce the potential for erosion. "SAFE STORM DRAINAGE CAPACITY." The quantity of stormwater runoff that can be transported by a channel or conduit without having the water surface rise above the top of the channel or conduit. "STORMWATER CHANNEL." A natural or man-made open watercourse with definite bed and banks which periodically or continuously contains moving water, or which forms a connecting link between two bodies of water. "STORMWATER RUNOFF." Water that results from precipitation which is not absorbed by the soil or vegetation or evaporated and which flows over the ground surface or is collected in channels or conduits. "STORMWATER RUNOFF RELEASE RATE." The rate at which stormwater runoff is released from dominant to servient land. "TWENTY-FIVE-YEAR, 24-HOUR FREQUENCY RAINFALL." A precipitation event of 24-hours' duration, having a 4% chance of occurring in any one year.
§ 156.04 COMPLIANCE WITH OTHER REQUIREMENTS. Before starting any activities regulated by this chapter, an applicant shall comply with the requirements set forth in other applicable ordinances with respect to the submission and approval of preliminary and final subdivision plats, improvement plans, building and zoning permits, inspections, appeals, and similar matters, along with those set forth in this chapter and as may be required by state statutes and the regulations of any department of the Commonwealth of Kentucky. DESIGN CRITERIA; PERFORMANCE STANDARDS § 156.15 STORMWATER MANAGEMENT PLAN. (A) A stormwater management plan shall be required for any new single-family residential developments having a gross aggregate area, including roads, utility rights-of-way, and any other dedicated lands of five or more acres, and having a density of greater than one dwelling unit per acre or for any new commercial, multi-family residential, industrial, institutional, or utility development having a gross aggregate area of 0.5 acres or more; provided that all such development is located in areas designated as "severe" or "high" on the watershed drainage map. A plan shall also be required for any new development or redevelopment of fully developed areas as designated on the watershed drainage map. The official watershed drainage map shall be kept in the office of the Flood Safety Officer. No final subdivision plat shall be approved and no building permits shall be issued until and unless the stormwater management plan has been reviewed and approved by the Flood Safety Officer. Owners of residential property within subdivisions for which final subdivision plats have been approved prior to the date of the approval of this chapter shall not be required to comply with this chapter. The Flood Safety Officer may also require stormwater management plans for any drainage area if adverse impacts are anticipated. A stormwater management plan may also be required prior to any grading or excavation which would fill, obstruct, or otherwise alter any creek, stormwater channel, or drainage facility. (B) The required stormwater management plan shall identify means for controlling the stormwater runoff release rate from the development and providing storage potential for the excess stormwater runoff (where required). All computations, plans and specifications related to the implementation of this chapter must be prepared and sealed by a professional engineer registered in the state. (1) Requirements for controls of runoff for projects under construction/new construction. The following best management practices, which address the problem of urban runoff, shall apply to all projects undergoing construction in the city. The best management practices list set forth below is required by the city. The requirements set forth below shall apply at the time of demolition of an existing structure or commencement of construction and until receipt of a certificate of occupancy: (a) Runoff sediment and construction waste from construction sits and parking areas shall not leave the site; (b) Any sediments or other materials which are tracked off the site shall be removed the same day as they are tracked off the site. Where determined by the Flood Safety Officer or his or her designated representative, a temporary sediment barrier shall be installed; (c) On an emergency basis only, plastic covering may be utilized to prevent erosion of an otherwise unprotected area, along with runoff devices to intercept and safely convey the runoff. (d) Excavated soil shall be located on the site in a manner that eliminates the possibility of sediments running into the street or adjoining properties. Soil piles shall be covered until the soil is either used or removed. A plastic or micromesh fabric should be used; (e) No washing of construction or other industrial vehicles shall be allowed adjacent to a construction site. No runoff from washing vehicles on a construction site is allowed to leave the site; (f) Drainage controls shall be utilized as needed, depending on the extent of proposed grading and topography of the site, including but limited to the following: 1. Detention ponds, sediment ponds, or infiltration pits; 2. Dikes, filter berms, silt fences, or ditches; 3. Down drains, chutes or flumes. (2) Observe basic principles such as: (a) Preserve existing vegetation as much as possible; (b) Mulch or seed bare soil immediately for the best and cheapest erosion protection; (c) Use silt fences, brush barriers, or other approaches to pond and filter sediment from runoff; (d) Install silt check dams made of rock, brush, or other products to prevent ditch erosion and remove sediment; (e) Protect inlets and outlets; and (f) Settle out soil particles in sediment traps and basins. (C) The stormwater management plan shall contain, but not be limited to, the following information unless specifically excluded by the Flood Safety Officer. (1) A topographic map of the project site and adjacent areas, of suitable scale and contour interval, which shall define the location of streams, the extent of flood plains and calculated high water elevations, the shoreline of lakes, ponds, swamps and detention basins including their inflow and outflow structures, if any. (2) The location and flowline elevation of all existing sanitary, storm, or combined sewers. (3) Detailed determination of runoff anticipated for the entire project site following development indicating design volumes and rates of proposed runoff for each portion of the watershed tributary to the storm drainage system, the calculations used to determine said runoff volumes and rates and restatement of the criteria which have been used by the project engineer throughout calculations. (4) A layout of the proposed stormwater management system including the location and size of all drainage structures, storm sewers, channels and channel sections, detention basins, and analyses regarding the effect said improvements will have upon the receiving channel and its high water elevation. (5) The slope, type, and size of all existing and proposed storm sewers and other waterways impacting or impacted by the proposed development on the site. (6) For all detention basins, a plot or tabulation of storage volumes with corresponding water surface elevations and of the basin outflow rates for those water surface elevations. (7) For all detention basins, design hydrographs of inflow and outflow for the 25-year, 24-hour events for the site under existing and developed conditions. (8) A profile and one or more cross sections of all existing and proposed channels or other open drainage facilities, showing existing conditions and the proposed changes thereto, together with the high water elevations expected from stormwater runoff under the controlled conditions called for by these regulations and the relationship of structures, streets, and other utilities to such channels. (9) Show specific erosion control methods to be utilized during construction. § 156.16 DESIGN CRITERIA. The following rules shall govern the design of improvements with respect to managing stormwater runoff: (A) Methods of determining stormwater runoff rate and volume. The volume of required stormwater storage and runoff shall be calculated on the basis of the runoff from a 25-year frequency storm with a 24-hour duration. The calculations can be made in accordance with the instantaneous runoff factor method, the rational method or other methods that may be deemed appropriate by the Flood Safety Officer. (B) Release rate. (1) All developments undertaken as outlined in that chapter shall be done in such a way as to insure that stormwater falling on a given site shall be absorbed or detained on site to the extent that the controlled release rate of stormwater runoff from all developments described in § 156.15(A) shall not exceed the pre-development stormwater runoff rate, unless it can be shown that no significant adverse downstream impacts will result from higher rates. The rate at which stormwater runoff is delivered to a designated stormwater storage area shall be unrestricted. (2) In the event that the Flood Safety Officer determines that the natural downstream channel or storm sewer system is inadequate to accommodate the release rate provided above, then the allowable release rate shall be reduced to that rate permitted by the capacity of the downstream channel or storm sewer system. (C) Development design. (1) Where it can be demonstrated by the developer that a higher stormwater release rate will not be contrary to the purpose and intent of this chapter and where such proposed release rate will not adversely affect properties in the downstream portion of the watershed, the Flood Safety Officer may permit such release to be used as deemed appropriate. (2) Streets, blocks, lots, parks, and other public grounds shall be located and laid out in such a manner as to minimize the velocity of overland flow and allow maximum opportunity for infiltration of stormwater into the ground, and to preserve and utilize existing and planned streams, channels, and detention basins, and include, whenever possible, streams, and floodplain within parks and other public grounds. (D) Excess stormwater passage. (1) An excess stormwater passage shall be provided for all stormwater areas. Such passage shall have the capacity to convey through the proposed development the excess stormwater. The capacity for a passage shall be such that it will be able to transport the peak rate of run-off from a 100-year, 24-hour return frequency storm. (2) There shall be no buildings or structures constructed within excess stormwater passage, however, parking lots, playgrounds and park areas, which shall not impair or endanger the water holding capability of a development shall be considered compatible uses. (3) Appropriate land planning shall be undertaken to preserve the existing natural drainage of a proposed development as part of the excess stormwater passage. (4) Open channels shall be protected from erosion by appropriate vegetative cover, lining or other treatment and earthen channel side slopes shall be no steeper than two to one. Open channels with lining shall have a maximum gradient on side slopes of 67% and channel side slopes steeper than 67% shall be designed as structural retaining walls. (E) Stormwater storage/detention areas. The increased stormwater runoff resulting from the proposed development may be accommodated by the provision of appropriate detention facilities including wet or dry bottom reservoirs, flat roofs, parking lots, or streets. Storage areas shall be designed to the satisfaction of the Flood Safety Officer and if possible to provide secondary purposes for recreation, open spaces, parking lot or other types of use that will not be adversely affected by intermittent flooding. The following shall govern the design of detention facilities: (1) Storage volume. (a) All stormwater storage areas must be designed to contain and safely pass stormwater runoff. The combined capacity of these storage areas shall be sufficient to contain the storm from the development. The detention facility must be designed for periodic maintenance and energy dissipators shall be provided at points necessary. (b) The ponding of stormwater runoff shall not exceed a depth of one foot on a pedestrian mall area or 1-1/2 feet maximum in parking lots. Where these areas are used for ponding the maximum depth should occur in the most remote and least used areas. (c) The drainage and grading design shall be prepared to insure that in a 100-year storm the depth of water run-off in any street, alley, or pedestrian mall will not exceed the level of the first floor of any building. (d) For wet pond storage areas when calculating the storage capacity, only the volume available to store excess stormwater shall be considered. Permanent water storage does not constitute control of excess storm runoff. (2) Release rate. At no time during the design storm shall the stormwater runoff release rate exceed the allowable release rate as set forth in division (B) of this section. (3) Release velocity. Detention facilities shall release stormwater at a nonerosive velocity. The protected channel receiving the detention discharge shall incorporate features to reduce velocity to nonerosive levels at the point where such discharge enters the unprotected channel. If release is into a subsurface conduit the energy gradient in the receiving facility shall not be increased beyond the slope of the conduit. (4) Spillway. (a) Overflow for each stormwater storage area shall be provided in the event a storm in excess of the design capacity occurs. Such overflows hall be constructed to function without specific attention and shall become part of the excess stormwater passage. (b) Emergency spillways shall be provided to permit the safe passage of runoff generated from a 100-year, 24-hour storm, or greater if required by state law. (c) Where rooftop storage or excess stormwater is provided, the building shall be provided with adequate structural design to insure that roof failure does not occur. Overflow areas shall be provided so that the weight of stored stormwater will not exceed the structural capacity of the roof. (5) Freeboard. Detention facilities shall have adequate capacity to contain the storage volume of tributary stormwater runoff with at least one foot of freeboard above the water surface of flow in the emergency spillway in a 100-year, 24-hour storm or as required by state law. (F) Sinkholes and subterranean water channels. (1) The use of sinkholes or subterranean water channels for direct drainage of excess stormwater shall not be permitted although they may be used to drain a stormwater storage area. The introduction of any foreign matter or the filling, clogging or interfering with the natural drainage capabilities of the sinkholes shall not be permitted. (2) Any person, firm or corporation proposing alterations, improvements or other disturbances of any sinkholes or known subterranean water channel must submit plans to the Flood Safety Officer showing that said alterations, improvements or disturbance would not interfere with the drainage capability. Also, erosion control methods must be shown for any activities which might create erosion or sedimentation and must be included in the plans. § 156.17 PERFORMANCE STANDARDS. (A) Stormwater channel location. Generally acceptable locations of stormwater channels in the design of a subdivision may include but are not limited to the following: (1) Adjacent to roadways. (2) In a depressed median of a divided roadway, provided the median is wide enough to permit slopes of one foot drop in six feet horizontal or flatter. (3) Centered on lot lines or entirely within the rear yards of a single row of lots or parcels. (4) In each of the foregoing cases, a drainage easement with sufficient width to facilitate maintenance and design flow shall be provided and shown on the plat. (B) Storm sewer outfall. The storm sewer outfall shall be designed to provide adequate protection against downstream erosion and scouring. (C) Lot lines. Whenever the plans call for the passage and/or storage of stormwater runoff along lot lines, the grading of all such lots shall be prescribed and established for the passage and/or storage of waters, and no structure or vegetation which would obstruct the flow of stormwater shall be allowed, nor shall any change be made to the prescribed grades and contours of the specified stormwater channels. (D) Manholes. All utility sewer manholes constructed in an area designed for the storage or passage of stormwater, shall be provided with either a watertight manhole cover or be constructed with a rim elevation of a minimum of one foot above the high water elevation of the design storm. (E) Easements. Permanent easements for the detention and conveyance of stormwater, including easements of access to structures and facilities, shall be dedicated to the city. (F) Drainage obstruction. The keeping or disposal of grass clippings, trash, debris, obstructions or unwanted materials into the storm sewers or within or along stormwater channels or in adjacent flood plain areas which may wash into sewers and channels, is prohibited. (G) Maintenance. Required maintenance for detention basins or other structures shall be permanently provided by the developer with responsibility becoming that of the private landowner after complete development, subject to inspection of the Flood Safety Officer. Every detention basin or structure shall be legally defined on both deed and plat and the maintenance entity shall be specified. (H) Encroachment permit (city right-of-way). (1) All new construction projects (residential, commercial or industrial) which require a permanent or temporary entrance onto an existing city street or newly developed street which is to be dedicated to the city at a later time and which can impact property street drainage shall apply for an encroachment permit at the office of the city engineer or his designated representative. The encroachment permit should be complete in sufficient detail to show the location of said entrance with respect to property lines. The encroachment permit shall detail the pipe size, material, and slope/grade. (2) This encroachment permit shall be obtained prior to issuance of a building permit by the Planning and Zoning Office. (3) The bond required for the encroachment permit shall be as listed in § 156.32 below. This encroachment permit bond is fully refundable provided the entrance is constructed as detailed and approved on said Encroachment permit. BONDS, MAINTENANCE, ASSURANCES, AND FEES § 156.30 PERFORMANCE BONDS AND OTHER ASSURANCE FOR COMPLETION AND OPERATION OF STORMWATER MANAGEMENT IMPROVEMENTS. Upon approval of the stormwater management plan, but before the issuance of a building permit or subdivision plat approval, the Flood Safety Officer shall require the applicant to either complete all required improvements or the applicant shall post a performance bond, cash escrow, certified check, letter of credit, or other acceptable form of performance security in an amount sufficient to ensure the execution of the plan. After determination by the Flood Safety Officer that all facilities are constructed in compliance with the approved plan, the performance bond or other securities shall be released. § 155.31 MAINTENANCE AGREEMENT. A maintenance agreement, approved by the Flood Safety Officer, assuring perpetual maintenance of stormwater management improvements shall be executed by the applicants. § 156.32 BONDS/FEES. (A) Encroachment permits. (1) A bond of $500 shall accompany the submittal of each encroachment permit. This bond is fully refundable provided the entrance is constructed as specified on the permit. (2) The Encroachment Permit holder shall have 12 months (one year) time from date of permit issue to construct the entrance in accordance with the permit. Failure to complete the work properly within this one‑year time frame shall be reasons for forfeiture of the $500 bond. If the work is not completed properly within the one‑year time frame, no further permits will be issued to the permit holder until the property comes into compliance with this ordinance. (3) All Encroachment Permits shall have an Administrative Fee as follows with a minimum fee of $10: (a) Non‑living/Non‑commercial areas $10 (b) Mobile home/Residential/living area $50 (c) Residential/Commercial (greater then $100 (B) Establishment of storm water management fund. (1) The storm water management program is established and the storm water system is provided to protect the waterways and land in the city by managing flooding and to benefit the natural environment. The costs of designing, developing, improving, operating, maintaining, and monitoring the storm water system required in the city should, therefore, be allocated, to the extent as practicable, to all property owners. In order to provide revenue to fund those costs and to fairly allocate those costs, a Storm Water Management Fund ("the Fund") is established. (2) All revenues collected from grants, permit fees, and other charges collected under the Storm Water Management Program, shall be deposited to the Fund. The City Council may make additional appropriations to the Fund. All disbursements from the Fund shall be for the purposes of the Fund as set forth in division (E). (C) Purposes of the Fund. The Fund shall be used for the following purposes: (1) The acquisition by gift, purchase, or condemnation of real and personal property, and interests therein, necessary to construct, operate, and maintain storm water management facilities. (2) All costs of administration and implementation of the Storm Water Management Program, including the establishment of reasonable operating and capital reserves to meet unanticipated or emergency storm water management requirements. (3) Engineering and design, debt service and related financing expenses, construction costs for new facilities, amid enlargement or improvement of existing facilities. (4) Operation and maintenance of the storm water system. (5) Monitoring, surveillance, and inspection of storm water control devices. (6) Water quality monitoring and water quality programs. (7) Retrofitting developed areas for pollution control. (8) Inspection and enforcement activities. (9) Costs of public education relating to storm water and related issues. (10) Billing and administrative costs. (11) Other activities which are reasonably required. ADMINISTRATION AND ENFORCEMENT § 156.45 FLOOD SAFETY OFFICER; RESPONSIBILITY. The administration of this chapter shall be the responsibility of the Offices of the designated Flood Safety Officer. § 156.46 VARIANCES. (A) Standards. Variances from these standards, provisions, and specifications may be granted when it is demonstrated to the satisfaction of the City Council that, owing to special conditions, a strict adherence to the provisions of this chapter will result in unnecessary hardship and that the spirit and intent of the chapter will be observed. (B) Procedure. A written request for variance shall be filed by the owner, seeking to develop or change the use of his property, or his agent with the Flood Safety Officer and shall state specifically what variance is sought and the public's interest in granting the variance. The applicant must specify hardships to result in following the prescribed regulations. The Flood Safety Officer must then examine and decide the validity of the proposed hardships. This request is then submitted to the City Council by the Flood Safety Officer along with a recommendation about granting the variance. (1) The variance will be granted only upon showing that there is good and sufficient cause and that the failure to grant a variance would result in exceptional hardship to the applicant. Financial hardship to the property owners not constitute operator appropriate grounds for a variance under this chapter. (2) A record of all variance actions shall be maintained by the flood Safety Officer including the justification for issuance. (3) Variances may be considered for the reconstruction, abilitation or restoration of structures listed on the State Inventory of Historic Places. § 156.47 OFFICIAL MAPS AND PROFILES. Responsibility for all changes to official maps and profiles remains with the Flood Safety Officer. § 156.48 INSPECTIONS. (A) The Flood Safety Officer shall be responsible for determining whether the stormwater management plan is in conformance with requirements specified in §§ 156.15 through 156.17, and whether development is proceeding in accordance with the approved stormwater management plan. Periodic inspection of the development site shall be made by the Flood Safety Officer to ensure that the stormwater management plan is properly implemented. (B) The Flood Safety Officer, the Zoning Enforcement Officer, and other duly authorized employees bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, and measurement, in accordance with the provisions of this chapter. § 156.49 CERTIFICATION. At the completion of the improvements approved in the stormwater management plan, the applicant shall provide to the Flood Safety Officer a certification by a professional engineer that the improvements have been built in conformance with the plan. § 156.50 ENFORCEMENT PROCEDURE. (A) Work suspension. In the event that work performed does not conform to the provisions of the approved stormwater management plan and specifications, a written notice to comply shall be served upon the developer. Such notice shall set forth the nature of the correction required and the time within which corrections shall be made. Failure to comply with such notice shall result in the issuance of a stop work order applicable to all construction activity except that necessary for correction of the violation. Upon correction of the violation the stop work order shall be voided and construction may resume. (B) Appeals. A developer may appeal any decision made by the Flood Safety Officer to the City Council within 30 days of the date of notification. (C) Bond forfeiture. (1) In the event of continued violation of the approved stormwater management plan, a public hearing on the matter shall be conducted by the City Council. (2) Written notice of such hearing shall be served upon the developer by registered mail, and shall state: (a) The grounds for complaint. (b) The time and place such hearing is to be held. (3) Such notice shall be served at least 15 days prior to the date set for the hearing. At any such hearing, the developer shall be given an opportunity to be heard, and he may call witnesses and present evidence on his behalf. After such hearing, if the City Council concludes that the issuance of additional correction notices would be futile, any bonds or cash deposits posted with the city shall be forfeited, whereupon said security shall be used for completion of the stormwater management plan as approved.
§ 156.99 PENALTY. Any person, firm, or corporation who violates or fails to comply with any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction, shall be subject to a fine of not less that $25, nor more than $200. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
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