HomeMy WebLinkAbout2024-OR-79 Ordinance Establishing the Stormwater Ordinance for the City ORDINANCE NO. 2024-OR- •`C1
AN ORDINANCE
ESTABLISHING THE STORMWATER ORDINANCE FOR THE CITY OF
JEFFERSONVILLE,INDIANA
WHEREAS,
CHAPTER
ABBREVIATED TABLE OFCONTENTS
Section Title Page
1-1 GENERAL INFORMATION 1
1-2 PROHIBITED DISCHARGES AND CONNECTIONS 4
1-3 STORMWATER QUANTITY MANAGEMENT 7
1-4 STORMWATER POLLUTION PREVENTION FOR 9
CONSTRUCTION SITES
13
1-5 STORMWATER QUALITY MANAGEMENT FOR
POST-CONSTRUCTION 15
1-6 PERMIT REQUIREMENTS AND PROCEDURES 21
1-7 ENFORCEMENT
Appendices
A ABBREVIATIONS AND DEFINITIONS 31
Stormwater Management Ordinance—Page 1
SECTION 1-1
GENERAL INFORMATION
(a) AUTHORITY AND TITLE
This Ordinance is required by Phase II of the National Pollutant Discharge Elimination System
program(FR Doc. 99-29181)authorized by the 1972 amendments to the Clean Water Act,the
Indiana Department of Environmental Management's Municipal Separate Storm Sewer System
General Permit(MS4GP) and the Indiana Department of Environmental Management's
Construction Stormwater General Permit(CSGP) Based on this authority and these
requirements,this Ordinance regulates:
1. Discharges of prohibited non-stormwater flows into the storm drain system.
2. Stormwater drainage improvements related to development of lands located within
the corporate boundaries of the City of Jeffersonville("City").
3. Drainage control systems installed during new construction and grading of lots and
other parcels of land.
4. Erosion and sediment control systems installed during new construction and
grading of lots and other parcels of land.
5. The design, construction, and maintenance of stormwater drainage facilities and systems.
6. The design, construction, and maintenance of stormwater quality facilities and systems.
This Ordinance shall be known and may be cited as the City of Jeffersonville Stormwater
Management Ordinance. Once adopted,this Ordinance will supersede any conflicting
ordinances previously adopted by the City of Jeffersonville.
This ordinance shall apply to any Development or Construction plan that is submitted to any
City of Jeffersonville Department for permit after the date of passage. Any plans submitted to
any City Department prior to the passing of this ordinance shall be subject to all previously
approved ordinances and regulations in existence at time of filing
(b) APPLICABILITY AND EXEMPTIONS
This Ordinance shall regulate all development and redevelopment occurring within the City of
Jeffersonville.No building permit shall be issued, and no land disturbance started for any
construction in a development, as defined in Appendix A, until the plans required by this
Ordinance for such construction have been accepted in writing by the City of Jeffersonville.
With the exception of the requirements of Section 1-2 and Section 1-6(d)of this Ordinance,
single-family dwelling houses and duplexes in accepted subdivisions and land-disturbing
activities affecting less than 10,000 square feet of area shall be exempt from the requirements
of this Ordinance. Also exempt from this Ordinance shall be agricultural land-disturbing
activities unless specific to illicit discharges, dumping, or related work to an agricultural use.
Stormwater Management Ordinance—Page 2
In addition to the requirements of this Ordinance and its companion Stormwater Technical
Standards Manual, compliance with all applicable ordinances of City of Jeffersonville as well
as with applicable Federal, State of Indiana, and other Local statues and regulations shall also
be required. Unless otherwise stated,all other specifications referred to in this Ordinance shall
be the most recent edition available. Jeffersonville Municipal Projects shall be exempt from
obtaining a permit but are expected to meet all applicable technical requirements of this
Ordinance and the City of Jeffersonville Stormwater Technical Standards Manual.In case there
are conflicts between the requirements contained in this Ordinance and applicable requirements
contained in other regulatory documents referenced above,the most restrictive shall prevail.
Any construction project which has had its final drainage plan accepted by the City of
Jeffersonville within a 2-year period prior to the effective date of this Ordinance shall be
exempt from all requirements of this Ordinance that are in excess of the requirements of
ordinances in effect at the time of acceptance. Such an exemption is not applicable to the
requirements detailed in Section 1-2 of this Ordinance.
The City of Jeffersonville Drainage Board has the authority to modify, grant exemptions,
and/or waive any and all the requirements of this Ordinance and its associated technical
standards document. A pre-submittal meeting with the City may be requested by the applicant
to discuss the applicability-of various provisions of the Ordinance and its associated technical
standards document with regards to unique or unusual circumstances relating to a project.
However, any initial determination of such applicability shall not be binding on future
determinations of the City that may be based on the review of more detailed information and
plans.
(c) BACKGROUND
On December 8, 1999, Phase II of the National Pollutant Discharge Elimination System
(NPDES) permit program was published in the Federal Register. The NPDES program, as
authorized by the 1972 amendments to the Clean Water Act, controls water pollution by
regulating point sources that discharge pollutants into waters of the United States. Phase II
of NPDES requires permit coverage for stormwater discharges from regulated small
municipal separate storm sewer systems (MS4s) and for small construction activity that
results in the disturbance of equal to or greater than one acre. This federal regulation went
into effect March 10, 2003. In response to Phase II of NPDES, the Indiana Department of
Environmental Management enacted the Municipal Separate Storm Sewage System General
Permit and the Construction Stormwater General Permit.
Under these State and Federal regulations,the City of Jeffersonville is required to establish a
regulatory mechanism for regulating stormwater quality management. The city has four
ordinances in place to meet these regulations. These include: Ordinance 2004-OR-56
Construction Site Runoff Control, Ordinance 2004-OR-55 Storm Water Illicit Discharge
Control, Ordinance 2005-OR-65 Post-Construction Storm Water Management and
Ordinance 2006-OR-20 Drainage Ordinance.Therefore,this document was created to update
and consolidate these current ordinances into one comprehensive Stormwater Ordinance and
an accompanying Stormwater Technical Standards.
Stormwater Management Ordinance—Page 3
(d) FINDINGS
The City of Jeffersonville finds that:
1. Water bodies, roadways, structures, and other property within,and downstream of the
City of Jeffersonville are at times subjected to flooding.
2. Flooding is a danger to the lives and property of the public and is also a danger to the
natural resources of the region.
3. Land development alters the hydrologic response of watersheds, resulting in increased
stormwater runoff rates and volumes, increased flooding, increased stream channel
erosion, and increased sediment transport and deposition.
• 4. Soil erosion resulting from land-disturbing activities causes a significant amount of
sediment and other pollutants to be transported off-site and deposited in ditches, streams,
wetlands, lakes, and reservoirs.
5. Increased stormwater runoff rates and volumes, and the sediments and. pollutants
associated with stormwater runoff from future development projects within the City will,
absent reasonable regulation and control, adversely affect the City's water bodies and
water resources.
6. Pollutant contributions from illicit discharges within the City will, absent reasonable
regulation, monitoring, and enforcement, adversely affect the City's water bodies and
water resources.
7. Stormwater runoff, soil erosion, non-point source pollution, and illicit sources of
pollution can be controlled and minimized by the regulation of stormwater management.
8. Adopting the standards, criteria, and procedures contained and referenced in this
Ordinance and implementing the same will address many of the deleterious effects of
stormwater runoff and illicit discharges.
9. Adopting this Ordinance is necessary for the preservation of the public health, safety,and
welfare, for the conservation of natural resources, and for compliance with State and
Federal regulations.
(e) PURPOSE
The purpose of this Ordinance is to provide for the health, safety, and general welfare of the
citizens of the City of Jeffersonville through the regulation of stormwater and non-stormwater
discharges to the storm drainage system and to protect, conserve and promote the orderly
development of land and water resources within the City. This Ordinance establishes methods
for managing the quantity and quality of stormwater entering into the storm drain system in
order to comply with State and Federal requirements.The objectives of this Ordinance are:
1. To reduce the hazard to public health and safety caused by excessive stormwater runoff.
2. To regulate the contribution of pollutants to the storm drain system from construction
site runoff.
3. To regulate the contribution of pollutants to the storm drain system from runoff from
new development and re-development.
Stormwater Management Ordinance—Page 4
4. To prohibit illicit discharges into the storm drain system.
5. To establish legal authority to carry out all inspection, monitoring, and enforcement
procedures necessary to ensure compliance with this ordinance.
(t) ABBREVIATIONS AND DEFINITIONS
For the purpose of this Ordinance, the abbreviations and definitions provided in Appendix A
shall apply.
(g) RESPONSIBILITY FOR ADMINISTRATION
The City of Jeffersonville shall administer, implement, and enforce the provisions of this
Ordinance. Any powers granted or duties imposed upon the authorized enforcement agency
may be delegated in writing by the City to qualified persons or entities acting in the beneficial
interest of or in the employ of the City.
(h) INTERPRETATION
Words and phrases in this Ordinance shall be construed according to their common and
accepted meanings, except that words and phrases defined in Appendix A, shall be
construed according to the respective definitions given in that section. Technical words and
technical phrases that are not defined in this Ordinance, but which have acquired particular.
meanings in law or in technical usage shall be construed according to such meanings
(i) SEVERABILITY
The provisions of this Ordinance are hereby declared severable,and if any court of competent
jurisdiction should declare any part of provision of this Ordinance invalid or unenforceable,
such invalidity or unenforceability shall not affect any other part of provision of this
Ordinance.
(j) DISCLAIMER OF LIABILITY
The degree of protection required by this Ordinance is considered reasonable for regulatory
purposes and is based on historical records, engineering, and scientific methods of study.
Larger storms may occur, or stormwater runoff amounts may be increased by man-made or
natural causes. This Ordinance does not imply that and land uses permitted will be free from
stormwater damage. This Ordinance shall not create liability on the part of the City of
Jeffersonville or any officer, representative, or employee thereof, for any damage that may
result from reliance on this Ordinance or on any administrative decision lawfully made there
under.
Stormwater Management Ordinance—Page 5
SECTION 1-2
PROHIBITED DISCHARGES AND CONNECTIONS
(a) APPLICABILITY AND EXEMPTIONS
This section shall apply to all discharges, including illegal dumping, entering the storm drain
system under the control of the City of Jeffersonville, regardless of whether the discharge
originates from developed or undeveloped lands, and regardless of whether the discharge is
generated from an active construction site or a stabilized site. These discharges include flows
from direct connections to the storm drain system,illegal dumping, and contaminated runoff.
Stormwater runoff from agricultural, timber harvesting, and mining activities is exempted
from the requirements of this section unless determined to contain pollutants not associated
with such activities or in excess of standard practices. Farm residences are not included in
this exemption.
Any non-stormwater discharge permitted under an NPDES permit,waiver(unless the waiver
is solely based on point source considerations, still allowing non-point source discharge of a
pollutant), or waste discharge order issued.to the discharger and administered under the
authority of the Federal Environmental Protection Agency,provided that the discharger is in
full compliance with all requirements of the permit, waiver, or order and other applicable
laws and regulations, and provided that written approval has been granted for the subject
discharge to the storm drain system, is also exempted from this section.
(b) PROHIBITED DISCHARGES AND CONNECTIONS
No person shall discharge to a MS4 conveyance, watercourse, or waterbody, directly or
indirectly, any substance other than stormwater or an exempted discharge. Any person
discharging stormwater shall effectively minimize pollutants from also being discharged with
the stormwater, through the use of best management practices(BMP's).
Concrete washout material must be properly contained within an appropriate practice and any
waste material properly disposed of.
The City of Jeffersonville is authorized to require dischargers to implement pollution
prevention measures, utilizing BMP's necessary to prevent or reduce the discharge of
pollutants into the City's stormwater drainage system.
Stormwater Management Ordinance—Page 6
(c) EXEMPTED DISCHARGES AND CONNECTIONS
Notwithstanding other requirements in this Ordinance,the following categories of non-
stormwater discharges or flows are exempted from the requirements of this section:
1. Water line flushing.
2. Landscape irrigation.
3. Diverted streamflows.
4. Rising ground waters.
5. Uncontaminated groundwater infiltration.
6. Uncontaminated pumped ground water.
7. Discharges from potable water sources.
8. Foundation drains.
9. Air conditioning condensation.
10. Irrigation water.
11. Springs.
12. Water from crawl space pumps.
13. Footing drains.
14. Lawn watering.
15. Individual residential car washing.
16. Flows from riparian habitats and wetlands.
17. Dechlorinated swimming pool discharges.
18. Street wash water.
19. Discharges from firefighting activities.
20. Naturally introduced detritus(e.g. leaves and twigs).
(d) STORAGE OF HAZARDOUS OR TOXIC MATERIAL
Storage or stockpiling of hazardous or toxic material within any watercourse, or in its
associated floodway or floodplain, is strictly prohibited. Storage or stockpiling of hazardous
or toxic material, including sewage treatment plant stockpiles, on active construction sites
must include adequate protection and/or containment so as to prevent any such materials from
entering any temporary or permanent stormwater conveyance or watercourse.
(e) PRIVATE PROPERTY MAINTENANCE DUTIES
Every person owning property through which a watercourse passes, or such person's lessee,
shall keep and maintain that part of the watercourse located within their property boundaries,
free of trash, debris, excessive vegetation, and other obstacles that would pollute,
contaminate, or significantly retard the flow of water through the watercourse. In addition,
the owner or lessee shall maintain existing privately owned structures within or adjacent to a
watercourse, so that such structures will not become a hazard to the use, function,or physical
integrity of the watercourse.
Stormwater Management Ordinance—Page 7
(I) SPILL REPORTING
Any discharger who accidentally discharges into a waterbody any substance other than
stormwater or an exempted discharge shall immediately inform the City of Jeffersonville
concerning the discharge. A written report concerning the discharge shall be filed with the
City and IDEM, by the dischargers,within five (5) days. The written report shall specify:
1. The composition of the discharge and the cause thereof.
2. The date,time, and estimated volume of the discharge.
3. All measures taken to clean up the accidental discharge, and all measures proposed to
be taken to prevent any recurrence.
4. The name and telephone number of the person making the report,and the name and
telephone number of a person who may be contacted for additional information on
the matter.
A properly reported accidental discharge shall be an affirmative defense to a civil infraction
proceeding brought under this Ordinance against a discharger for such discharge. It shall not,
however, be a defense to a legal action brought to obtain an injunction,to obtain recovery of
costs or to obtain other relief because of or arising out of the discharge. A discharge shall be
considered properly reported only if the discharger complies with all the requirements of this
section.This requirement does not relieve discharger from notifying other entities as required
by state or federal regulations.
(g) INSPECTIONS AND MONITORING
1. Storm Drainage System
The City of Jeffersonville has the authority to periodically inspect the portion of the
storm drainage system under the City's control, in an effort to detect and eliminate illicit
connections and discharges into the system. This inspection will include a screening of
discharges from outfalls connected to the system in order to determine if prohibited
flows are being conveyed into the storm drainage system. It could also include spot
testing of waters contained in the storm drainage system itself to detect the introduction
of pollutants into the system by means other than a defined outfall, such as dumping or
contaminated sheet runoff.
2. Potential Polluters
If, as a result of the storm drainage system inspection, a discharger is suspected of an
illicit discharge,the city may inspect and/or obtain stormwater samples from stormwater
runoff facilities of the subject discharger,to determine compliance with the requirements
of this Ordinance. Upon request,the discharger shall allow the City's properly identified
representative to enter upon the premises of the discharger at all hours necessary for the
purposes of such inspection or sampling.The City or its properly identified representative
may place on the discharger's property the equipment or devices used for such sampling
or inspection. Identified illicit connections or discharges shall be subject to enforcement
action as described in Section 1-7 of this Ordinance.
Stormwater Management Ordinance—Page 8
3. New Development and Re-Development
Following the final completion of construction and the receipt of as-built drawings by
the City,the City has the authority to inspect new development and re-development sites
to verify that all on-site stormwater conveyances and connections to the storm drainage
system are in compliance with this section.
Stormwater Management Ordinance—Page 9
SECTION 1-3
STORMWATER QUANTITY MANAGEMENT
(a) APPLICABILITY AND EXEMPTIONS
The storage and controlled release rate of excess stormwater runoff shall be required for all
new business, institutional developments, commercial and industrial developments,
residential subdivisions, planned development, rural estate subdivisions, and any
redevelopment or other new construction located within the City of Jeffersonville. The city,
after thorough investigation and evaluation,may waive the requirement of controlled runoff
for minor subdivisions and parcelization.
(b) POLICY ON STORMWATER QUANTITY MANAGEMENT
It is recognized that most streams and drainage channels serving the City do not have
sufficient capacity to receive and convey stormwater runoff resulting from continued
urbanization,Accordingly,the storage and controlled release of excess stormwater runoff as
well as compensation for loss of floodplain storage shall be required for all developments
and redevelopments (as defined in Appendix A) located within the City. Release rate
requirements, downstream restriction considerations, acceptable outlet, adjoining property
impact considerations, and compensatory floodplain storage rates are detailed in the City of
Jeffersonville Stormwater Technical Standards.
(c) CALCULATIONS AND DESIGN STANDARDS AND SPECIFICATIONS
The calculation methods as well as the type,sizing,and placement of all stormwater facilities
shall meet the design criteria, standards, and specifications outlined in the City of
Jeffersonville Stormwater Technical Standards Manual. The methods and procedures in the
Stormwater Technical Standards Manual are consistent with the policy stated above.
(d) DRAINAGE EASEMENT REQUIREMENTS
All storm drainage systems, including detention or retention basins, conveyance systems,
structures and appurtenances, located outside of the right-of-way shall be placed within an
easement. No trees or shrubs shall be planted, nor any structures or fences erected in any
drainage easement, unless otherwise accepted by the City of Jeffersonville. Additional
easement requirements along storm drainage conveyance systems are contained in the City
of Jeffersonville Stormwater Design Guide. All drainage improvements performed relative
to the conveyance of storm water runoff and the perpetual maintenance thereof, within the
latter easements, shall be the responsibility of the owner or homeowner association.
(e) PLACEMENT OF UTILITIES
No utility company may disturb existing storm drainage facilities without the consent of the
City staff,whose decision may be appealed to the City of Jeffersonville Drainage Board.All
existing drainage facilities shall have senior rights and damage to said facilities shall result
in penalties as prescribed in Section 1-7 of this ordinance.
Stormwater Management Ordinance—Page 10
(t) INSPECTION,MAINTENANCE,RECORD KEEPING,AND REPORTING
After the approval of the Stormwater Management Permit by the City and the
commencement of construction activities, the City has the authority to conduct inspections
of the work being done to ensure full compliance with the provisions of this section, the
Stormwater Technical Standards Manual,Design and Construction Standards,and the terms
and conditions of the approved permit.
The City also has the authority to perform long-term,post-construction inspection of all public
or privately owned stormwater quantity facilities. The inspection will cover physical
conditions,available storage capacity,and the operational condition of key facility elements.
Stormwater quantity facilities shall be maintained in good condition, in accordance with the
designed and approved performance specifications for the facilities, in addition to any
prescribed Operation & Maintenance procedures, and shall not be subsequently altered,
revised or replaced except as approved by the City. If deficiencies are found during the
inspection,the owner of the facility will be notified by the city and will be required to take all
necessary measures to correct such deficiencies. If the owner fails to correct the deficiencies
within the allowed time period,as specified in the notification letter,the City will undertake
the work and collect from the owner using lien rights if necessary.
Assignment of responsibility for maintaining facilities serving more than one lot or holding
shall be documented by appropriate covenants to property deeds, unless responsibility is
formally accepted by a public body, and determined before the final stormwater permit is
approved. Stormwater detention/retention basins may be donated to the city or other unit of
government designated by the City,for ownership and permanent maintenance providing the
City or other governmental unit is willing to accept responsibility.
SECTION 1-4
STORMWATER POLLUTION PREVENTION FOR CONSTRUCTION SITES
(a) APPLICABILITY AND EXEMPTIONS
The City of Jeffersonville will require a Stormwater Pollution Prevention Plan (SWPPP),
which includes erosion and sediment control measures and materials-handling procedures,
to be submitted as part of a project's construction plans and specifications. Any project
located within the corporate boundaries of the City of Jeffersonville that includes clearing,
grading, excavation or other land disturbing activities resulting in the disturbance of 10,000
square feet or more of total land area is subject to the requirements of this section. This
includes both new development and re-development. This section also applies to
disturbances of land that are part of a larger common plan of development or sale if the larger
common plan will ultimately disturb 10,000 square feet or more of total land area, Section
1-4 (c) provides guidelines for calculating land disturbance. Projects meeting the coverage
requirements of IDEM's Construction Stormwater General Permit shall also be in
compliance with the requirements contained in that permit. CSGP.
The requirements under this section do not apply to the following activities:
1. agricultural land disturbing activities;
2. forest harvesting activities(not associated with development site preparation work); or
3. Stormwater discharges associated with oil and gas exploration, production, processing
and treatment operations, or transmission facilities under 40 CFR 122.26.
The requirements under this section do not apply to the following activities, provided other
applicable state permits contain provisions requiring immediate implementatiO 11 of soil
erosion control measures:
1. Landfills that have been issued a certification of closure under 329 IAC 10.
2. Coal mining activities permitted under IC 14-34.
3. Municipal solid waste landfills that are accepting waste pursuant to a permit issued by
the Indiana Department of Environmental Management under 329 IAC 10 that
contains equivalent stormwater requirements, including the expansion of landfill
boundaries and construction of new cells either within or outside the original solid
waste permit boundary.
For an individual lot where land disturbance is expected to be one (1) acre or more, the
individual lot owner must complete their own notice of intent letter, apply for a Stormwater
permit from the City, and ensure that a sufficient construction and stormwater pollution
prevention plan is completed and submitted in accordance with Section 1-6 of this
Ordinance; regardless of whether the individual lot is part of a larger permitted project site.
Stormwater Management Ordinance—Page 12
An individual lot with land disturbance less than 10,000 square feet, located within a larger
permitted project site, is considered part of the larger permitted project site, and the
individual lot operator must comply with the terms and conditions of the stormwater permit
approved for the larger project site. The stormwater permit application for the larger project
site must include detailed erosion and sediment control measures for individual lots.
It will be the responsibility of the project site owner to complete a stormwater permit
application and ensure that a sufficient construction plan is completed and submitted to the
city in accordance with Section 1-6 of this Ordinance. It will be the responsibility of the
project site owner to ensure compliance with this Ordinance during the construction activity
and implementation of the construction plan, and to notify the City with a sufficient notice
of termination letter upon completion of the project and stabilization of the site. However,
all persons engaging in construction and land disturbing activities on a permitted project site
meeting the applicability requirements must comply with the requirements of this section
and this Ordinance.
(b) POLICY ON STORMWATER POLLUTION PREVENTION
Effective stormwater pollution prevention on construction sites is dependent on a
combination of preventing movement of soil from its original position (erosion control),
intercepting displaced soil prior to entering a waterbody (sediment control), and proper on-
site materials handling. For land disturbance of one (1) acre or more, the developer must
submit to the City a SWPPP with detailed erosion and sediment control plans as well as a
narrative describing materials handling and storage, and construction sequencing. For land
disturbances totaling 10,000 square feet or more but less than one (1) acre, appropriate
erosion and sediment control measures that are consistent with the City of Jeffersonville
Technical Standards must be designed and shown on the plans. The following principles
apply to all land-disturbing activities and shall be considered in the preparation of a SWPPP
within the corporate boundaries of the City of Jeffersonville.
1. Minimize the potential for soil erosion by designing a development that fits the
topography and soils of the site. Deep cuts and fills in areas with steep slopes should
be avoided wherever possible, and natural contours should be followed as closely as
possible.
2. Existing natural vegetation should be retained and protected wherever possible. Areas
immediately adjacent (within 50 feet of top of bank) to watercourses and lakes also
should be left undisturbed. Un-vegetated or vegetated areas with less than 70%cover
that are scheduled or likely to be left inactive for 15 days or more must be temporarily
or permanently stabilized with measures appropriate for the season to reduce erosion
potential. Alternative measures to site stabilization may be acceptable if the project
site owner or their representative can demonstrate they have implemented and
maintained erosion and sediment control measures adequate to prevent sediment
discharge from the inactive area.
Stormwater Management Ordinance—Page 13
3. All activities on a site should be conducted in a logical sequence so that the smallest
practical area of land will be exposed for the shortest practical period of time during
development.
4. The length and steepness of designed slopes should be minimized to reduce erosion
potential.Drainage channels and swales must be designed and adequately protected so
that their final gradients and resultant velocities will not cause erosion in the receiving
channel or at the outlet. Methods for determining acceptable velocities are included
Stormwater Technical Standards Manual.
5. Sediment-laden water which otherwise would flow from the project site shall be
treated by erosion and sediment control measures appropriate to minimize
sedimentation. A stable construction site access shall be provided at all points of
construction traffic ingress and egress to the project site.
6. Appropriate measures shall be implemented to prevent wastes or unused building
materials, including, garbage, debris, packaging material, fuels and petroleum
products, hazardous materials or wastes, cleaning wastes, wastewater, concrete truck
washout,and other substances from being carried from a project site by runoff or wind.
Identification of areas where concrete truck washout is permissible must be clearly
posted at appropriate areas of the site. Wastes and unused building materials shall be
managed and disposed of in accordance with all applicable State statutes and
regulations. Proper storage and handling of materials such as fuels or hazardous
wastes, and spill prevention and cleanup measures shall be implemented to minimize
the potential for pollutants to contaminate surface or ground water or degrade soil
quality.
7. Public or private roadways shall be kept cleared of accumulated sediment that is a
result of runoff or tracking. Bulk clearing of accumulated sediment shall not include
flushing the area with water. Cleared sediment shall be redistributed or disposed of in
a manner that is in accordance with all applicable statutes and regulations.
8. Collected runoff leaving a project site must be either discharged directly into a well-
defined,stable receiving channel,or diffused and released to adjacent property without
causing an erosion or pollutant problem to the adjacent property owner.
9. Natural features, including wetlands, shall be protected from pollutants associated
with stormwater runoff.
(c) CALCULATIONS AND DESIGN STANDARDS AND SPECIFICATIONS
In calculating the total area of land disturbance,for the purposes of determining applicability
of this section to a project,the following guidelines should be used:
1. Offsite construction activities that provide services (for example, road extensions,
sewer, water, offsite stockpiles, and other utilities)to a land disturbing project
site, must be considered as a part of the total land disturbance calculation for the
project site,when the activity is under the control of the project site owner.
Stormwater Management Ordinance—Page 14
2. Strip developments will be considered as one (1) project site and must comply with
this chapter unless the total combined disturbance on all individual lots is less than
one (1)acre and is not part of a larger common plan of development or sale.
3. To determine if multi-lot project sites are regulated by this section, the area of land
disturbance shall be calculated by adding the total area of land disturbance for
improvements, such as, roads, utilities, or common areas, and the expected total
disturbance on each individual lot, as determined by the following:
i. For a single-family residential project site where the lots are one-half(0.5) acre
or more,one-half(0.5)acre of land disturbance must be used as the expected lot
disturbance.
ii. For a single-family residential project site where the lots are less than one half
(0.5) acre in size,the total lot must be calculated as being disturbed.
iii. To calculate lot disturbance on all other types of project sites, such as industrial
and commercial projects project sites, a minimum of one (1) acre of land
disturbance must be used as the expected lot disturbance, unless the lots are less
than one (1) acre in size, in which case the total lot must be calculated as being
disturbed.
The calculation methods as well as the type,sizing,and placement of all stormwater pollution
prevention measures for construction sites shall meet the design criteria, standards, and
specifications outlined in the Indiana Stormwater Quality Manual and the City of
Jeffersonville Stormwater Technical Standards Manual. The methods and procedures
included in these two references are in keeping with the above stated policy and meet the
requirements of IDEM's CSGP. A Copy of the Indiana Stormwater Quality Manual may be
obtained through IDEM.
(d) INSPECTION, MAINTENANCE,RECORD KEEPING,AND REPORTING
Following approval of the Stormwater Management Permit by the City and commencement
of construction activities, the City has the authority to conduct inspections of the site to
ensure full compliance with the provisions of this section,the approved Stormwater Pollution
Prevention Plan, the Indiana Stormwater Quality Manual, and the terms and conditions of
the approved permit.
A self-monitoring program must be implemented by the project site owner to ensure the
stormwater pollution prevention plan is working effectively. A qualified professional,
acceptable to the City, shall monitor and manage project construction and perform a written
evaluation of the project site:
Stormwater Management Ordinance—Page 15
1. Twenty-four(24)hours prior to a qualifying event or by the end of the next business
day following each measurable storm event.
2. If there are no qualifying storm events within a given week, the site should be
monitored at least once that week.
3. In the event of multiple qualifying storm events during a work week (Monday —
Friday),no more than three (3) inspections are required.
4. A minimum of one(1)time per month for specific areas within the project area which
are stabilized with permanent vegetation cover of at least seventy(70)percent density
and/or erosion resistant armoring is installed. Weekly monitoring must resume if the
vegetative cover fails, there is evidence of erosion in the area, or IDEM/inspecting
authority requires weekly monitoring to resume.
A qualifying storm event is defined as precipitation accumulation equal to, or greater than,
one-half(0.50) inches of rainfall within a twenty-four(24)hour period. Self-monitoring
inspections by the qualified professional shall continue until the entire site has been stabilized
and a notice of termination letter has been issued by the City.
The qualified professional should look at the maintenance of existing stormwater pollution
prevention measures, inducting erosion and sediment control measures, drainage structures,
and construction materials storage/containment facilities, to ensure they are functioning
properly. The qualified professional should also identify additional measures, beyond those
originally identified in the stormwater pollution prevention plan, necessary to remain in
compliance with all applicable statutes and regulations.The resulting evaluation reports must
include the name of the qualified professional performing the evaluation, the date of the
evaluation, problems identified at the project site, and details of maintenance, additional
measures, and corrective actions recommended and completed.
The stormwater pollution prevention plan shall serve as a guideline for stormwater quality
but should not be interpreted to be the only basis for implementation of stormwater quality
measures for a project site. The project site owner is responsible for implementing, in
accordance with this section, all measures necessary to adequately prevent polluted
stormwater runoff. Recommendations by the qualified professional for modified stormwater
quality measures should be implemented. Substantial changes to the plan shall involve
advance notification in writing from the site owner to the City.
Although self-monitoring reports do not need to be submitted to the City, the City has the
right to request complete records of maintenance and monitoring activities involving
stormwater pollution prevention measures. All evaluation reports for the project site must be
made available to the City, in an organized fashion, within forty-eight (48) hours upon
request.
Stormwater Management Ordinance—Page 16
SECTION 1-5
STORMWATER QUALITY MANAGEMENT FOR POST-CONSTRUCTION
(a) APPLICABILITY AND EXEMPTIONS
In addition to the requirements of Section 1-4, the stormwater pollution prevention plan,
which is to be submitted to the city as part of the Stormwater Management Permit application,
must also include post- construction stormwater quality measures. These measures are
incorporated as a permanent feature into the site plan and are left in place following'
completion of construction activities to continuously treat stormwater runoff from the
stabilized site. Any project located within the corporate boundaries of the City of
Jeffersonville that includes clearing,grading,excavation,and other land disturbing activities,
resulting in the disturbance of 10,000 square feet or more of total land area is subject to the
requirements of this section. This includes both new development and re-development, and
disturbances of land less than 10,000 square feet of total land area that are part of a larger
common plan of development or sale if the larger common plan will ultimately disturb 10,000
square feet or more of total land area. In addition, regardless of the amount of disturbance,
the City of Jeffersonville reserves the right to require pre-treatment Best Management
Practices (BMP's) for proposed hot spot developments in accordance with provisions
contained in the City of Jeffersonville Stormwater Technical Standards Manual.
The requirements under this section do not apply to the following activities:
1. agricultural land disturbing activities;or
2. forest harvesting activities;or
3. construction activities associated with a single family residential dwelling disturbing
less than one(1)acre,when the dwelling is not part of a larger common plan of
development or sale;or
4. individual building lots within a larger permitted project.
The requirements under this section do not apply to the following activities, provided other
applicable state permits contain provisions requiring immediate implementation of soil
erosion control measures:
1. Landfills that have been issued a certification of closure under 329 IAC 10.
2. Coal mining activities permitted under IC 14-34.
3. Municipal solid waste landfills that are accepting waste pursuant to a permit issued by
the Indiana Department of Environmental Management under 329 IAC 10 that
contains equivalent stormwater requirements, including the expansion of landfill
boundaries and construction of new cells either within or outside the original solid
waste permit boundary.
Stormwater Management Ordinance—Page 17
It will be the responsibility of the project site owner to complete a stormwater permit
application and ensure that a sufficient construction plan is completed and submitted to the
City in accordance with Section 1-6 of this Ordinance. It will be the responsibility of the
project site owner to ensure proper construction and installation of all stormwater BMP's
(especially,the protection of post-stormwater BMP's during construction phase)in compliance
with this Ordinance and with the approved Stormwater Management Permit, and to notify the
City with a sufficient notice of termination letter upon completion of the project and
stabilization of the site.However, all eventual property owners of stormwater quality facilities
meeting the applicability requirements must comply with the requirements of this section and
this Ordinance.
(b) POLICY ON STORMWATER QUALITY MANAGEMENT
It is recognized that developed areas, as compared to undeveloped areas, generally have
increased imperviousness, decreased infiltration rates, increased runoff rates, and increased
concentrations of pollutants such as fertilizers, herbicides, greases, oil, salts and other
pollutants. As new development and re-development continues within the corporate
boundaries of the City of Jeffersonville, measures must be taken to intercept and filter
pollutants from stormwater runoff prior to reaching regional creeks, streams, and rivers.
Through the use of appropriate BMP's, stormwater runoff will be filtered, and harmful
amounts of sediment, nutrients, and contaminants will be removed.
The project site owner must submit to the city a SWPPP that shows placement of appropriate
BMP's from a pre-approved list of BMP's specified in the City of Jeffersonville Stormwater
Technical Standards Manual.The SWPPP submittal shall include maintenance guidelines for
proposed post construction BMP's included in the project and a notarized Maintenance
Agreement, consistent with the sample agreement provided in Appendix D of the City of
Jeffersonville Stormwater Technical Standards Manual, providing for the long-term
maintenance of those BMP's, both of which shall be recorded with the deed for the property
on which the project is located. The noted BMP's must be designed, constructed, and
maintained according to guidelines provided or referenced in the City of Jeffersonville
Stormwater Technical Standards Manual. Practices other than those specified in the pre-
approved list may be utilized. However, the burden of proof, as to whether the performance
and ease of maintenance of such practices will be according to guidelines provided in the
City of Jeffersonville Stormwater Technical Standards Manual, would be placed with the
applicant. Details regarding the procedures and criteria for consideration of acceptance of
such BMP's are provided in the City of Jeffersonville Stormwater Technical Standards
Manual.
Gasoline outlets and refueling areas must install appropriate practices (as noted under "Hot
Spots" provision in the Stormwater Design Guide) to reduce lead, copper, zinc, and
polyaromatic hydrocarbons in stormwater runoff. These requirements will apply to all new
facilities and existing facilities that replace their tanks,regardless of the size of the facility.
Discharges from new development and redevelopment sites will not be allowed directly into
karst features without pre-treatment.
Stormwater Management Ordinance—Page 18
(c) CALCULATIONS AND DESIGN STANDARDS AND SPECIFICATIONS
Calculation of land disturbance should follow the guidelines discussed in Section 1-3(c).
The calculation methods as well as the type, sizing, and placement of all stormwater quality
management measures, or BMP's shall meet the design criteria, standards, and specifications
outlined in the City of Jeffersonville. Stormwater Technical Standards Manual. The methods
and procedures included in the referenced Standards is in keeping with the above stated
policy and meet the requirements of IDEM's MS4GP.
(d) INSPECTION, MAINTENANCE, RECORD KEEPING,AND REPORTING
After the approval of the Stormwater Management Permit by the City and the commencement
of construction activities,the City has the authority to conduct inspections of the work being
done to ensure full compliance with the provisions of this section,the approved SWPPP,the
City of Jeffersonville Stormwater Technical Standards Manual,and the terms and conditions
of the approved permit.
Stormwater quality facilities shall be maintained in good condition, in accordance with the
Operation and Maintenance procedures and schedules listed in the City of Jeffersonville
Stormwater Technical Standards Manual, in addition to the designed and approved
performance specifications for the facilities and shall not be subsequently altered,revised,or
replaced except as approved by the City.
The City also has the authority to perform long-term, post-construction inspection of all
public or privately owned stormwater quality facilities. The inspection will cover physical
conditions, available water quality storage capacity and the operational condition of key
facility elements.Noted deficiencies and recommended corrective action will be included in
an inspection report.
(e) EASEMENT REQUIREMENTS
All stormwater quality management systems, including detention or retention basins, filter
strips, pocket wetlands, in-line filters, infiltration systems, conveyance systems, structures
and appurtenances located outside of the right-of-way shall be incorporated into permanent
easements. For the purposes of monitoring, inspection, and general maintenance activities,
adequate easement width, as detailed in the City of Jeffersonville Stormwater Design
Guide, beyond the actual footprint of the stormwater quality management facility as well as
a 20-foot-wide access easement from a public right-of-way to each BMP shall be provided.
SECTION 1-6
PERMIT REQUIREMENTS AND PROCEDURES
(a) PERMIT PROCEDURES
This section applies to all development, or re-development of land, that results in land
disturbance of one(1)acre or more.Individual lots with land disturbance less than one(1)acre
shall refer to Sections 4 and 5 for plan review requirements and procedures. Figure 1 is a
flowchart summarizing the plan review/permit approval process and can be found at the end
of this section.
All projects located within the corporate boundaries of the City of Jeffersonville lie within
the City's MS4 area boundary by default. The project site owner shall submit an application
for a Stormwater Management Permit to the City. The application will include construction
plan sheets, a stormwater drainage technical report, a SWPPP, and any other necessary
support information. Specific information to be included in the application can be found in
Section(b)below. A digital copy of each application must be submitted to the City.
After the City's receipt of the application, the applicant will be notified as to whether their
application was complete or insufficient. The applicant will be asked for additional
information if the application is insufficient.If the application is complete,it will be reviewed
in detail by the city and/or its plan review consultant(s).Once the review has been completed,
the Jeffersonville Drainage Board will either approve the project, request modifications or
deny the project.
Once the project is approved by the Jeffersonville Drainage Board, the project site owner
must notify the City and IDEM 48 hours before beginning construction.Notification shall be
in the form of an updated IDEM NOI form. Once a permit has been issued and the updated
NOI submitted to the City and IDEM 48 hours before the beginning of construction,
construction may commence. Once construction starts, the project owner shall monitor
construction activities and inspect all stormwater pollution prevention measures in
compliance with this Ordinance and the terms and conditions of the approved permit. Upon
completion of construction activities, as-built plans must be submitted to the City. A Notice
of Termination(NOT) shall be sent to the City once the construction site has been stabilized
and all temporary erosion and sediment control measures have been removed. The City, or
its representative, shall inspect the construction site to verify that the requirements for an
NOT have been met. Once the applicant receives a "verified" copy of the NOT, they must
forward a copy to IDEM. Permits issues under this scenario will expire 5 years from the date
of issuance. If construction is not completed within 5 years, the NOI must be resubmitted at
least 90 days prior to expiration.
Stormwater Management Ordinance—Page 20
(b) INFORMATION REQUIREMENTS
Specific projects or activities may be exempt from all or part of the informational
requirements listed below. Exemptions are detailed in the "Applicability and Exemptions"
Sections of Sections 1-1 through 1-5. If a project or activity is exempt from any or all
requirements of this ordinance, an application should be filed listing the exemption criteria
met, in lieu of the information requirements listed below. This level of detailed information
is not required from individual lots, disturbing less than 1 acre of land, developed within a
larger permitted project site. Review and acceptance of such lots is covered under Section(c)
below.
The different elements of a permit submittal include construction plans, a stormwater
drainage technical report, a stormwater pollution prevention plan for active construction
sites, a post-construction stormwater pollution prevention plan, and any other necessary
supporting information. All plans, reports, calculations, and narratives shall be signed and
sealed by a professional engineer or a licensed surveyor, registered in the State of Indiana.
1. Construction Plans
Construction plan sheets(larger than 11"by 17",but not to exceed 24" by 36"in size)
shall describe and depict the existing and proposed conditions. Note that in order to
gain an understanding of and to evaluate the relationship between the proposed
improvements for a specific project section/phase and the proposed improvements
for an overall multi-section (phased) project, the detailed information requested
herein for the first section/phase being permitted must be accompanied by an overall
project plan that includes the location, dimensions, and supporting analyses of all
detention/retention facilities, primary conveyance facilities, and outlet conditions.
Construction plans need to include items listed in the application checklist provided
in the City of Jeffersonville Stormwater Technical Standards Manual.
2. Stormwater Drainage Technical Report
A written stormwater drainage technical report must contain a discussion of the steps
taken in the design of the stormwater drainage system. Note that in order to gain an
understanding of and to evaluate the relationship between the proposed improvements
for a specific project section/phase and the proposed improvements for an overall
multi-section (phased) project, the detailed information requested herein for the first
section/phase being permitted must be accompanied by an overall project plan that
includes the location, dimensions, and supporting analyses of all detention/retention
facilities, primary conveyance facilities, and outlet conditions. The technical report
needs to include items listed in the application checklist provided in the City of
Jeffersonville Stormwater Technical Standards Manual.
Stormwater Management Ordinance—Page 21
3. Stormwater Pollution Prevention Plan(SWPPP) for Construction Sites
For sites with total disturbance of one (1) acre or more, a stormwater pollution
prevention plan associated with construction activities must be designed to, at least,
meet the requirements of this Ordinance. The SWPPP and construction plans must
include the items listed in the application checklist provided in the City of
Jeffersonville Stormwater Technical Standards Manual. For land disturbances totaling
10,000 square feet or more of land area but less than one(1)acre, appropriate erosion
and sediment control measures that are consistent with the City of Jeffersonville
Technical Standards must be designed and shown on the plans.
4. Post-Construction Storm Water Pollution Prevention Plan
For sites with total land disturbance of 10,000 square feet or more of total land area, a
post-construction stormwater pollution prevention plan must be designed to, at least,
meet the requirements of this Ordinance and must include the information provided in
the City of Jeffersonville Stormwater Technical Standards Manual. The post-
construction storm water pollution prevention plan must include items listed in the
application checklist provided in the City of Jeffersonville Stormwater Technical
Standards Manual.
(c) CHANGES TO PLANS
Any changes or deviations in the detailed plans and specifications after approval of the
applicable Stormwater Management Permit shall be filed with, and accepted by, the City of
Jeffersonville prior to the land development involving the change. Copies of the changes, if
accepted, shall be attached to the original plans and specifications.
(d) REQUIRED ASSURANCES
This section shall apply to all projects whether the stormwater management system or
portions thereof will be dedicated to the City or retained privately.As a condition of approval
and issuance of the permit, the City of Jeffersonville shall require the applicant to provide
assurance in form of an irrevocable letter of credit or a bond when the stormwater
management plan has been accepted and before construction begins. Said assurance will
guarantee a good faith execution of the stormwater drainage plan, the stormwater pollution
prevention plan, the stormwater quality management plan, and any permit conditions. The
assurance shall be for an amount equal to 110 percent of the total costs of all stormwater
management measures for the entire project.The above-mentioned costs shall be based on an
estimate as prepared by a registered engineer or land surveyor. Said costs shall be for the
installation and ongoing monitoring and maintenance of erosion control measures and the
construction and ongoing monitoring and maintenance of storm drainage infrastructure,
detention/retention facilities, and stormwater quality BMP's, as regulated under this
Ordinance, until the construction is completed, the site is stabilized, and as-built plans are
accepted by the City.
Stormwater Management Ordinance—Page 22
Assurances shall be for a minimum of$5,000. All other performance bonds, maintenance
bonds or other assurances required by the City in accordance with any and all other
ordinances shall also apply and so be required. Local governmental jurisdictions may require
additional performance and/or maintenance assurances. The intent of this assurance is not
only to complete the installation of storm drain infrastructure for the project,but also to assure
that adequate stormwater pollution prevention measures are properly installed and
maintained. If adequate assurances are set aside by the project site owner for the overall
project, proof of total assurance can be submitted in place of an individual stormwater
assurance.
(e) TERMS AND CONDITIONS OF PERMITS
In granting a Stormwater Management Permit, the City may impose such terms and
conditions as are reasonably necessary to meet the purposes of this Ordinance. The project
site owner shall insure compliance with such terms and conditions.Non-compliance with the
terms and conditions of permits will be subject to enforcement as described in Section 1-7.
The project site owner shall inform all general contractor, construction management firms,
grading or excavating contractors, utility contractors, and the contractors that have primary
oversight on individual building lots of the terms and conditions of the Stormwater
Management Permit and the schedule for proposed implementation.
In the event that a project site is determined to impact or discharge to a Sensitive Area or is
located in an Impact Drainage Area,the city may require more stringent stormwater quantity
and quality measures than detailed in this Ordinance.
1. Determination of Sensitive Areas
Sensitive Areas include highly erodible soils, wetlands, karst areas, threatened or endangered
species habitat, outstanding waters, impaired waters, recreational waters, and surface drinking
water sources. Any discharge from a stormwater practice that is a Class V injection well shall
meet the Indiana groundwater quality standards and registered with US EPA as required by the
IDEM. If wetlands are suspected on a site, a wetland delineation should be completed in
accordance with the methodology established by the U.S. Army Corps of Engineers(USACE).
The need for the applicant to check for the presence of threatened or endangered species habitat
will be determined on a case-by-case basis. Special terms and conditions for development
determined to impact or discharge to any Sensitive Area shall be included in the Stormwater
Management Permit.
2. Determination of Impact Drainage Areas
The following areas shall be designated as Impact Drainage Areas, unless good reason for not
including them is presented to the City of Jeffersonville.
i. A floodway or floodplain as designated by the most updated FEMA Code dealing
with floodplain regulation and/or by the Best Available Data through IDNR.
ii. Land within 25 feet of each bank of any ditch within the City of Jeffersonville's
system.
iii. Land within 15 feet of the centerline of any stormwater infrastructure or enclosed
conduit within the City of Jeffersonville's system.
iv. Land within 75 feet of each bank of a county open regulated drain.
v. Land within 50 feet of a natural drainage way.
Stormwater Management Ordinance—Page 23
The City ofJeffersonville or the City ofJeffersonville Engineer is authorized,but is not required,
to classify certain geographical areas as Impact Drainage Areas. In determining Impact
Drainage Areas, the City of Jeffersonville may consider such factors as topography, soil type,
capacity of existing drains, and distance from adequate drainage facility.
Land that does not have an adequate outlet,taking into consideration the capacity and depth of
the outlet,may be designated as an Impact Drainage Area by the City of Jeffersonville. Special
terms and conditions for development within any Impact Drainage Area shall be included in
the Stormwater Management Permit.
3. Determination of Designated Drainage Areas Served by Regional Facilities
The City of Jeffersonville is authorized, but is not required, to classify certain geographical
areas as Designated Drainage Areas that are or will be served by regional facilities, such as a
regional pond. In such cases,an Infrastructure Development Fee(IDF)rate may be established
for the Designated Drainage Area. The basis for determining such a fee for a proposed
development or re-development within a Designated Drainage Area will be as detailed in the
City of Jeffersonville Stormwater Design Guide.
(f) CERTIFICATION OF AS-BUILT PLANS
This section shall apply to all projects whether the stormwater management system or
portions thereof will be dedicated to the City or retained privately. After completion of
construction of the project and before the release of required performance assurances
referenced in Section (g) above, a professionally prepared and certified 'as-built' set of plans
(record drawings) shall be submitted to the City for review. These as- built plans/record
drawings must be prepared and certified by the Engineer of Record, i.e., the
company/engineer who originally prepared the construction plans. Additionally, a digital
copy of the 'as- built' plans (record drawings) as well as finalized digital versions of all
analyses, models, manuals, and reports that are consistent with the as-built conditions is
required in a format acceptable to the City. These plans shall include all pertinent data
relevant to the completed• storm drainage system and stormwater management facilities, and
shall include:
1. Pipe size and pipe material
2. Invert elevations
3. Top rim elevations
4. Elevation of the emergency overflow(spillway) for ponds
5. Grades along the emergency flood routing path(s)
6. Pipe structure lengths
7. BMP types,dimensions, and boundaries/easement
8. "As-planted" plans for BMP's, as applicable
Stormwater Management Ordinance—Page 24
9. Data and calculations showing detention basin storage volume
10. Data and calculations showing BMP treatment capacity
11. Certified statement on plans stating the completed storm drainage system and
stormwater management facilities substantially comply with construction plans and the
Stormwater Management Permit as approved by the city. (See certificate in the
Stormwater Technical Standards Manual.
The property owner,developer,or contractor shall be required to assure that such stormwater
system installation was done according to standards of good workmanship,that the materials
used in the construction and installation were of good quality and construction, and that such
project was done in accordance with the accepted plans, and this Ordinance.
To verify that all stormwater infrastructure is functioning properly, visual recordings (via
closed circuit television) of such infrastructure, including all subsurface drains, shall be
required twice,once following the completion of installation of the stormwater management
system and submittal of as built, and the second time before release of maintenance bonds.
These visual recordings will be scheduled by the city and paid for by the developer. Notices
shall be provided to the City within 72 hours following the completion of installation and
again at least 60 days prior to the expiration date of the maintenance bond so that the noted
recordings may be scheduled. Reports summarizing the results of the noted visual recordings
shall be reviewed and accepted by the City before the plat is recommended for recording and
again before the maintenance bond shall be recommended to be released.
(g) FEE STRUCTURE
1. FEE AMOUNT
As a condition of the submittal and the review of development plans by the City of
Jeffersonville, the applicant shall agree to pay the City of Jeffersonville the applicable fee, as
set by the City of Jeffersonville with respect to the review of all drainage submittals,preliminary
plans,final plans,construction plans and accompanying information and data,as well as prepaid
inspection fees. Fees shall be based on the amount of disturbed acreage associated with any
proposed project.
Disturbed acres are defined as the area of the project in which the surface of the land is disturbed
by excavation,embankments,land development,residential lot construction,mineral extraction
and moving, depositing or storing of soil,rock or other earthmoving activity.
2. TIME OF PAYMENT
Application will not be accepted for review without payment of the appropriate fee. The fees
below shall include inspection for perimeter control, grading, and stormwater quality
management permits.
Stormwater Management Ordinance—Page 25
3. METHOD OF PAYMENT
Fees shall be paid by one of the following methods:
• Check payable to "City of Jeffersonville
• Money Order
• Credit Card(processing fee in addition to fee)
4. REFUND OF PAYMENT
Fees are refundable only if the City of Jeffersonville determines that compliance by the
development of project to this Ordinance is not necessary.
5. FEE SCHEDULE
Stormwater Permit Application and Inspection Fees will be in accordance with the fee schedule
outlined below.
Development Size Initial Re-Submissions
Up to 5.0 acres $800 $700
5.1 to 10.0 acres $1,700 $1,500
10.1 to 25.0 acres $2,750 $2,500
25.1 or more acres $3,500 $3,100
Sites with un-permitted construction underway: 2x the above.
Stormwater Management Ordinance—Page 26
Figure 1: Permit Approval Process
Submit full stormwater permit application
(including a Draft NOI)to the City
•
► Review by City
(Drainage Board Approval and Technical Review of SWPPP)
♦ V
Project modifications No project
needed modifications needed
•
Permit Approved
•
Public Notice
Project
•
Provide IDEM and City an updated Provide IDEM and City an updated
NOI,at least 48 hours prior to 4 NOI,at least 48 hours prior to
starting construction starting construction
•
Construction of Monitor activities and comply with
Project 4 I. this Ordinance and permit terms
and conditions
•
Major construction complete,
submit as-built plans to City
•
Site is stabilized. Conduct additional
Submit NOT to City on-site stabilization
•
♦ _J —
City verifies that site is stabilized,and City determines additional on-
forwards copy of"verified"NOT to site stabilization is needed
the applicant so that applicant can before"verified"NOT
submit the same to IDEM
Stormwater Management Ordinance—Page 27
SECTION 1-7
ENFORCEMENT
(a) COMPLIANCE WITH THIS ORDINANCE
In addition to the requirements of this Ordinance, compliance with the requirements set forth
in the local Zoning Ordinances is also necessary. Compliance with all applicable ordinances of
the City of Jeffersonville as well as with applicable State of Indiana statues and regulations
shall also be required. Unless otherwise stated, all other specifications referred to in this
Ordinance shall be the most recent edition available. Violations of the requirements of this
Ordinance are subject to the penalties listed below.
1. Violations
Any action or inaction which violates the provisions of this Ordinance,the requirements
of an approved stormwater management design plan or permit, and/or the requirements
of a recorded stormwater maintenance agreement may be subject to the enforcement
actions outlined in this Section. Any such action or inaction is deemed to be a public
nuisance and may be abated by injunctive or other equitable relief.The imposition of any
of the penalties described below shall not prevent such equitable relief.
2. Warning Notice
When the City finds that any person has violated, or continues to violate, any provision
of this ordinance, or any order issued hereunder, the City may serve upon that person a
written Warning Notice, specifying the particular violation believed to have occurred and
requesting the discharger to immediately investigate the matter and to seek a resolution
whereby any offending discharge will cease. Investigation and/or resolution of the matter
in response to the Warning Notice in no way relieves the alleged violator of liability for
any violations occurring before or after receipt of the Warning Notice. Nothing in this
subsection shall limit the authority of the City to take any action, including emergency
action or any other enforcement action,without first issuing a Warning Notice.
(b) ENFORCEMENT OF THIS ORDINANCE
1. Notice of Violation/Citation
If the City determines that an applicant or other responsible person has failed to comply
with the terms and conditions of a permit, an approved stormwater management design
plan, a recorded stormwater management maintenance agreement, or the provisions of
this ordinance, it shall issue a written Notice of Violation to such applicant or other
responsible person and the owner of the property. Where a person is engaged in activity
covered by this ordinance without having first secured a permit therefore, the notice of
violation shall be served on the owner or the responsible person in charge of the activity
being conducted on the site.
Stormwater Management Ordinance—Page 28
The notice of violation can be in the form of a citation ticket and/or a written letter that
would contain detailed inspection findings,conclusions of law,disposition of warning or
fines assessed, stipulated remedial actions as discussed with the responsible party
representative, reasonable deadlines for those remedial actions, and the date of re-
inspection.
2. Compensatory Action
In lieu of enforcement proceedings,penalties,and remedies authorized by this ordinance,
the City may impose upon a violator alternative compensatory action,such as storm drain
stenciling, attendance at compliance workshops, creek cleanup,public education, etc.
3. Civil Penalties for Violations
Any person found in violation of any provision of this Ordinance shall be responsible for
a civil infraction and subject to a maximum fine of$2,500 for each offense, plus costs,
damages, and expenses. Each day such violation occurs or continues shall be deemed a
separate offense and shall make the violator liable for the imposition of a fine for each
day. The rights and remedies provided for in this section are cumulative and in addition
to any other remedies provided by law. An admission or determination of responsibility
shall not exempt the offender from compliance with the requirements of this Ordinance.
Any person who aids or abets a person in a violation of this Ordinance shall be subject to
the penalties provided in this section.
For purposes of this section, "subsequent offense" means a violation of the provisions of
this Ordinance committed by the same person within 12 months of a previous violation
of the same provision of this Ordinance for which said person admitted responsibility or
was adjudicated to be responsible.
The issuance of fines shall be guided by the schedule below. The City reserves the right
to issue a maximum fine for any violation deemed sufficiently egregious or otherwise
determined by the City to warrant a maximum penalty.
Ordinance Section 1-2 Illicit Discharges Table of Fines
Fine Category 1st Offense 2nd Offense 3rd Offense
Minor Warning&Cleanup $150 & $300 & Cleanup
Cleanup
Residential
Major $250 & Cleanup $500& $1,000 & Cleanup
Cleanup
Commercial Minor $250 & Cleanup $750 $1,500 & Cleanup
Industrial &Cleanup
Institutional Ma or $1,500 & $2,500 & Cleanup
j $500 & Cleanup Cleanup
Stormwater Management Ordinance—Page 29
Ordinance Section 1-4 Construction Activities-Table of Fines
Fine Category 1st Offense 2`d Offense 3r d Offense
Individual Lot(Residential) $150& $350 & $750 &Cleanup
Cleanup Cleanup
Commercial Lot or Multi-Parcel
Development $500 & $1,000 & $2,500 and
(i.e.,subdivision, commercial, Cleanup Cleanup Cleanup
industrial)
4. Stop Work Order
In addition to the penalties listed above, if land disturbance activities are conducted
contrary to the provisions of this Ordinance or accepted final stormwater management
plans, the City may order the work stopped by notice in writing served on any person-
engaged in the doing or causing of such work to be done, and any such persons shall
forthwith stop such work until authorized by the City to proceed with the work. A Stop
Work Order will be posted on the site by the city, and it is unlawful for any person to
remove the notice or continue any work on the site without permission from the City.
The city may also undertake or cause to be undertaken, any necessary or advisable
protective measures to prevent violations of this Ordinance or to avoid or reduce the
effects of noncompliance herewith. The cost of any such protective measures shall be the
responsibility of the owner of the property upon which the work is being done and the
responsibility of any person carrying out or participating in the work.
Any person who neglects or fails to comply with a stop work order shall,upon conviction,
be guilty of a misdemeanor,punishable by a fine of not less than$1,000, and such person
shall also pay such costs as may be imposed in the discretion of the court. A permit
reinstatement fee may also be assessed by the city.
5. Withhold Certificate of Occupancy
The City may refuse to issue a certificate of occupancy for the building or other
improvements constructed or being constructed on the site until the applicant or other
responsible person has taken the remedial measures set forth in the notice of violation or
has otherwise satisfied the requirements of this ordinance as determined by the City.
6. Suspension, Revocation,or Modification of Permits
The city may suspend, revoke, or modify any existing permit that the violator may also
have been previously granted. A suspended, revoked, or modified permit may be
reinstated after the applicant or other responsible person has taken the remedial measures
set forth in the notice of violation or has otherwise cured the violations described therein,
provided such permit may be reinstated upon such conditions as the City of Jeffersonville
may deem necessary to enable the applicant or other responsible person to take the
necessary remedial measures to cure such violations.
Stormwater Management Ordinance—Page 30
7. Suspension of Access to the Stormwater Drainage System
i. Emergency Cease and Desist Orders
When the City finds that any person has violated,or continues to violate,any provision
of this ordinance, or any order issued hereunder,or that the person's past violations are
likely to recur, and that the person's violation(s)has(have) caused or contributed to an
actual or threatened discharge to the MS4 or Waters of the United States which
reasonably appears to present an imminent or substantial endangerment to the health or
welfare of persons or to the environment, the City may issue an order to the violator
directing it immediately to cease and desist all such violations and directing the violator
to immediately comply with all ordinance requirements and take such appropriate
preventive action as may be needed to properly address a continuing or threatened
violation, including immediately halting operations and/or terminating the discharge.
Any person notified of an emergency order directed to it under this Subsection shall
immediately comply and stop or eliminate its endangering discharge. In the event of a
discharger's failure to immediately comply voluntarily with the emergency order, the
city may take such steps as deemed necessary to prevent or minimize harm to the
stormwater drainage system or waters of the United States, and/or endangerment to
persons or to the environment, including immediate termination of a facility's water
supply, sewer connection, or other municipal utility services.
The city may allow the person to recommence its discharge when it has demonstrated
to the satisfaction of the city that the period of endangerment has passed,unless further
termination proceedings are initiated against the discharger under this ordinance. A
person that is responsible, in whole or in part, for any discharge presenting imminent
endangerment shall submit a detailed written statement, describing the causes of the
harmful discharge and the measures taken to prevent any future occurrence,to the city
within 5 days of receipt of the emergency order. Issuance of an emergency cease and
desist order shall not be a bar against, or a prerequisite for, taking any other action
against the violator.
ii. Suspension Due to Illicit Discharges in Emergency Situations
The city may, without prior notice, suspend stormwater drainage system discharge
access to a person when such suspension is necessary to stop an actual or threatened
discharge which presents or may present imminent and substantial danger to the
environment, or to the health or welfare of persons, or to the stormwater drainage
system or waters of the state if the violator fails to comply with a suspension order
issued in an emergency,the City may take such steps as deemed necessary to prevent
or minimize damage to the stormwater drainage system or waters of the state, or to
minimize danger to persons.
Stormwater Management Ordinance—Page 3 I
iii. Suspension Due to the Detection of Illicit Discharge
Any person discharging to the stormwater drainage system in violation of this
ordinance may have their stormwater drainage system access terminated if such
termination would abate or reduce an illicit discharge. The city will notify a violator of
the proposed termination of its stormwater drainage system access. The violator may
petition the city for a reconsideration and hearing. A person commits an offense if the
person reinstates stormwater drainage system access to premises terminated pursuant
to this Section, without the prior approval of the City.
8. Criminal Penalties for Violations
For intentional and flagrant violations of this ordinance, the City may issue a notice to
the applicant or other responsible person and the owner of the property, requiring such
person to appear in the Circuit or Superior Court of Clark County to answer charges for
such violation. Upon conviction, such person shall be punished by a fine as set by the
City Council of the City of Jeffersonville, plus costs, damages, and expenses or
imprisonment for 60 days or both. Each act of violation and each day upon which any
violation shall occur shall constitute a separate offense.
(c) COST OF ABATEMENT OF THE VIOLATION
In addition to any other remedies, should any owner fail to comply with the provisions of this
ordinance,the City may,after giving notice and opportunity for compliance,have the necessary
work done,and the owner shall be required to promptly reimburse the City for all costs of such
work.
Nothing herein contained shall prevent the city from taking such other lawful action as may be
necessary to prevent or remedy any violation. All costs connected therewith shall accrue to the
person or persons responsible. Costs include, but are not limited to, repairs to the stormwater
drainage system made necessary by the violation, as well as those penalties levied by the EPA
or IDEM for violation of the City's NPDES permit, administrative costs, attorney fees, court
costs,and other costs and expenses associated with the enforcement of this Ordinance,including
sampling and monitoring expenses.
If the amount due for abatement of the violation. is not paid within a timely manner as
determined by the decision of the City or by the expiration of the time in which to file an appeal,
the charges shall become a special assessment against the property and shall constitute a lien on
the property for the amount of the assessment.
(d) APPEALS
1. Appeal of Notice of Violation
Any person to whom any provision of this Ordinance has been applied may "appeal in
writing, not later than 30 days after the action or decision being appealed from, to the
Drainage Board of the City of Jeffersonville. the action or decision whereby any such
provision was so applied. Such appeal shall identify the matter being appealed, and the
basis for the appeal. The Drainage Board of the City of Jeffersonville shall consider the
Stormwater Management Ordinance—Page 32
appeal and make a decision whereby it affirms, rejects or modifies the action being
appealed. In considering any such appeal,the Drainage Board of the City of Jeffersonville
may consider the recommendations of the City of Jeffersonville Staff and the comments
of other persons having knowledge of the matter. In considering any such appeal, the
Drainage may grant a waiver from the terms of this Ordinance to provide relief, in whole
or in part, from the action being appealed, but only upon finding that the following
requirements are satisfied:
i. The application of the Ordinance provisions being appealed will present or cause
practical difficulties for a development or development site; provided, however,
that practical difficulties shall not include the need for the developer to incur
additional reasonable expenses in order to comply with the Ordinance; and
ii. The granting of the relief requested will not substantially prevent the goals and
purposes of this Ordinance, nor result in less effective management of stormwater
runoff.
2. Enforcement Measures After Appeal
If the violation has not been corrected pursuant to the requirements set forth in the Notice
of Violation, or, in the event of an appeal, within 5 days of the decision of the Drainage
Board upholding the decision of the City of Jeffersonville Stormwater Department, then
representatives of the City of Jeffersonville Stormwater Department shall enter upon the
subject private property and are authorized to take any and all measures necessary to abate
the violation and/or restore the property. It shall be unlawful for any person, owner, agent
or person in possession of any premises to refuse to allow the City or its designated
contractor to enter upon the premises for the purposes set forth above. Any costs
associated with the abatement shall be the responsibility of owner of the premises. In the
event,the owner of the premises fails to pay those costs within thirty(30)days of invoice,
the City of Jeffersonville Stormwater Department shall impose a lien on the premises in
the unpaid amount.
Stormwater Management Ordinance—Page 33
61 APPENDIX A
ABBREVIATIONS AND DEFINITIONS
ABBREVIATIONS
BMP Best Management Practice
COE United States Army Corps of Engineers
CWA Clean Water Act
EPA Environmental Protection Agency
GIS Geographical Information System
IDEM Indiana Department of Environmental Management
MS4 Municipal Separate Storm Sewer System
NRCS USDA -Natural Resources Conservation Service
NPDES National Pollution Discharge Elimination System
POTW Publicly Owned Treatment Works
SWCD Soil and Water Conservation District
SWPPP Stormwater Pollution Prevention Plan
USDA United States Department of Agriculture
USFWS United States Fish and Wildlife Service
Stormwater Management Ordinance—Page 34
DEFINITIONS
A B C D E F O H a I N_ L M N O P Q R S T U v A X I A
Agricultural land disturbing activity. Tillage, planting, cultivation, or harvesting
operations for the production of agricultural or nursery vegetative crops. The term also
includes pasture renovation and establishment, the construction of agricultural
conservation practices, and the installation and maintenance of agricultural drainage
pipe. For purposes of this rule,the term does not include land disturbing activities for the
construction of agriculture] related facilities,such as barns,buildings to house livestock,
roads associated with infrastructure,agricultural waste lagoons and facilities, lakes and
ponds, wetlands, and other infrastructure.
Base Flow. Stream discharge derived from groundwater sources as differentiated from
surface runoff. Sometimes considered to include flows from regulated lakes or
reservoirs.
Best Management Practices. Design, construction, and maintenance practices and
criteria for Stormwater facilities that minimize the impact of stormwater runoff rates and
volumes,prevent erosion, and capture pollutants.
Buffer Strip. An existing, variable width strip of vegetated land intended to protect water
quality and habitat.
Capacity (of a Storm Drainage Facility). The maximum flow that can be conveyed or
stored by a storm drainage facility without causing damage to public or private property.
Catch Basin. A chamber usually built at the curb line of a street for the admission of surface
water to a storm drain or subdrain,having at its base a sediment sump designed to retain grit
and detritus below the point of overflow.
Channel. A portion of a natural or artificial watercourse which periodically or continuously
contains moving water,or which forms a connecting link between two bodies of water. It has
a defined bed and banks which serve to confine the water.
Compliance. The act of correcting a violation or violations within the time frame specified
by the City of Jeffersonville.
Comprehensive Stormwater Management. A comprehensive stormwater program for
effective management of stormwater quantity and quality throughout the community.
Constructed Wetland. A manmade shallow pool that creates growing conditions suitable
for wetland vegetation and is designed to maximize pollutant removal.
Construction activity. Land disturbing activities, and land disturbing activities associated
with the construction of infrastructure and structures. This term does not include routine
ditch or road maintenance or minor landscaping projects.
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Construction site access. A stabilized stone surface at all points of ingress or egress to a
project site, for the purpose of capturing and detaining sediment carried by tires of vehicles
or other equipment entering or exiting the project site.
Construction Support Activities. Include but are not limited to the following: concrete or
asphalt batch plants, equipment staging yards, material storage areas, excavated material
disposal areas, borrow areas. Such activities must not support multiple,unrelated projects,
be a commercial/industrial operation, or continue to operate beyond the completion of the
construction activity for the project it supports.
Contiguous. Adjoining or in actual contact with.
Contour. An imaginary line on the surface of the earth connecting points of the same
elevation. Contour Line. Line on a map which represents a contour or points of equal
elevation.
Contractor or subcontractor. An individual or company hired by the project site or
individual lot owner,their agent, or the individual lot operator to perform services on the
project site.
Conveyance. Any structural method for transferring stormwater between at least two points.
The term includes piping, ditches, swales, curbs, gutters, catch basins, channels, storm drains,
and roadways.
Cross Section. A graph or plot of ground elevation across a stream valley or a portion of it,
usually along a line perpendicular to the stream or direction of flow.
Culvert. A closed conduit used for the conveyance of surface drainage water under a
roadway, railroad, canal or other impediment.
Dechlorinated swimming pool discharge. Chlorinated water that has either sat idle for
seven (7) days following chlorination prior to discharge to the MS4 conveyance, or, by
analysis, does not contain detectable concentrations (less than five hundredths (0.05)
milligram per liter) of chlorinated residual.
Design Storm. A selected storm event, described in terms of the probability of occurring
once within a given number of years, for which drainage or flood control improvements are
designed and built.
Detention. Managing stormwater runoff by temporary holding and controlled release.
Detention Basin. A facility constructed or modified to restrict the flow of storm water to
a prescribed maximum rate, and to detain concurrently the excess waters that accumulate
behind the outlet.
Detention Storage. The temporary detaining of storage of stormwater in storage
facilities, on rooftops, in streets, parking lots, school yards, parks, open spaces or other
areas under predetermined and controlled conditions, with the rate of release regulated
Stormwater Management Ordinance—Page 36
by appropriately installed devices.
Detention Time. The theoretical time required to displace the contents of a tank or unit
at a given rate of discharge(volume divided by rate of discharge).
Detritus. Dead or decaying organic matter;generally contributed to stormwater as fallen
leaves and sticks or as dead aquatic organisms.
Developer. Any person financially responsible for construction activity,or an owner
of property who sells or leases, or offers for sale or lease, any lots in a subdivision.
Development. Any man-made change to improved or unimproved real estate
including but not limited to:
1. Construction, reconstruction,or placement of a building or any addition to a
building.
2. Construction of flood control structures such as levees, dikes,
dams or channel improvements.
3. Construction or reconstruction of bridges or culverts.
4. Installing a manufactured home on a site,preparing a site for a
manufactured home,or installing a recreational vehicle on a site for
more than hundred eight(180) days.
5. Installing utilities, erection of walls, construction of roads, or similar projects.
6. Mining, dredging, filling, grading,excavation, or drilling operations.
7. Storage of materials; or
8. Any other activity that might change the direction, height, or velocity of
flood or surface waters.
"Development" does not include activities such as the maintenance of existing buildings
and facilities such as painting, re-roofing, resurfacing roads, or gardening, plowing and
similar agricultural practices that do not involve filling, grading, excavation, or the
construction of permanent buildings.
Discharge. Usually the rate of water flow. A volume of fluid passing a point per unit
time commonly expressed as cubic feet per second, cubic meters per second, gallons per
minute, or millions of gallons per day.
Disposal. The discharge, deposit, injection,spilling, leaking, or placing of any solid
waste or hazardous waste into or on any land or water so that the solid waste or
hazardous waste, or any constituent of the waste, may enter the environment, be emitted
into the air, or be discharged into any waters, including ground waters.
Ditch. A man-made,open watercourse in or into which excess surface water or
Stormwater Management Ordinance—Page 37
groundwater drained from land, stormwater runoff, or floodwaters flow either
continuously or intermittently.
Drain. A buried slotted or perforated pipe or other conduit(subsurface drain)or a ditch
(open drain) for carrying off surplus groundwater or surface water.
Drainage. The removal of excess surface water or groundwater from land by means of
ditches or subsurface drains. Also see Natural drainage.
Drainage Area. The area draining into a stream at a given point. It may be of different
sizes for surface runoff, subsurface flow and base flow, but generally the surface runoff
area is considered as the drainage area.
Dry Well. A type of infiltration practice that allows stormwater runoff to flow directly
into the ground via a bored or otherwise excavated opening in the ground surface.
Duration. The time period of a rainfall event.
Environment. The sum total of all the external conditions that may act upon a living
organism or community to influence its development or existence.
Erodibility Index (El). The soil erodibility index (EI) provides a numerical expression
of the potential for a soil to erode considering the physical and chemical properties of the
soil and the climatic conditions where it is located. The higher the index, the greater the
investment needed to maintain the sustainability of the soil resource base if intensively
cropped. It is defined to be the maximum of(RxKxLS)/T (from the Universal Soil Loss
Equation) and (CxI)/T (from the Wind Erosion Equation), where R is a measure of
rainfall and runoff, K is a factor o{the susceptibility of the soil to water erosion, LS is a
measure of the combined effects of slope length and steepness, C is a climatic
characterization of windspeed and surface soil moisture and I is a measure of the
susceptibility of the soil to wind erosion. Erodibility Index scores equal jo or greater than
8 are considered highly erodible land.
Erosion. The wearing away of the land surface by water, wind, ice, gravity, or other
geological agents. The following terms are used to describe different types of water
erosion:
• Accelerated erosion -- Erosion much more rapid than normal or geologic
erosion,primarily as a result of the activities of man.
• Channel erosion -- An erosion process whereby the volume and velocity of
flow wears away the bed and/or banks of a well-defined channel.
• Gully erosion -- An erosion process whereby runoff water accumulates in
narrow channels and, over relatively short periods, removes the soil to
considerable depths, ranging from 1-2 ft.to as much as 75-100 ft.
• Rill erosion - An erosion process in which numerous small channels only
Stormwater Management Ordinance—Page 38
several inches deep are fanned; occurs mainly on recently disturbed and
exposed soils (see Rill).
• Splash erosion -- The spattering of small soil particles caused by the impact of
raindrops on wet soils; the loosened and spattered particles may or may not be
subsequently removed by surface runoff.
• Sheet erosion-- The gradual removal of a fairly uniform layer of soil from the land
surface by runoff water. •
Erosion and sediment control. A practice,or a combination of practices,to minimize
sedimentation by first reducing or eliminating erosion at the source and then as
necessary, trapping sediment to prevent it from being discharged from or within a
project site.
Filter Strip. Usually a long, relatively narrow area(usually, 20-75 feet wide)of
undisturbed or planted vegetation used near disturbed or impervious surfaces to filter
stormwater pollutants for the protection of watercourses, reservoirs, or adjacent
properties.
Floatable. Any solid waste that will float on the surface of the water.
Flood (or Flood Waters). A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow, the unusual and rapid.
accumulation, or the runoff of surface waters from any source.
Floodplain. The channel proper and the areas adjoining the channel which have been or
hereafter may be covered by the regulatory or 1 % annual chance flood event. Any
normally dry land area that is susceptible to being inundated by water from any natural
source. The floodplain includes both the floodway, and the floodway fringe districts,
Floodway. The channel of a river or stream and those portions of the-floodplains
adjoining the channel which are reasonably required to efficiently carry and discharge
the peak flow of the regulatory flood of any river or stream.
Floodway Fringe. That portion of the flood plain lying outside the floodway, which is
inundated by the regulatory flood.
Fluvial Erosion Hazard (FEH) Corridor. Fluvial Erosion Hazard corridors represent
the areas along the streams (including the channel and immediate overbanks areas) that
are believed to be subject to stream movement or streambank erosion. These corridors
have been delineated for most actively migrating and relatively stationary streams in
Indianan through an Indiana Silver Jackets initiative.
Footing Drain. A drainpipe installed around the exterior of a basement wall foundation
to relieve water pressure caused by high groundwater elevation.
Stormwater Management Ordinance—Page 39
Garbage. All putrescible animal solid, vegetable solid, and semisolid wastes resulting
from the processing, handling, preparation, cooking, serving, or consumption of food or
food materials.
Gasoline outlet. An operating gasoline or diesel fueling facility whose primary
function is the resale of fuels. The term applies to facilities that create five thousand
(5,000) or more square feet of impervious surfaces or generate an average daily traffic
count of one hundred (100) vehicles per one thousand(1,000) square feet of land area.
Geographical Information System.A computer system capable of assembling, storing,
manipulation, and displaying geographically referenced information. This technology
c an be used for resource management and development planning.
Grade. (I) The inclination or slope of a channel, canal, conduit, etc., or natural ground
surface usually expressed in terms of the percentage the vertical rise(or fall) bears to the
corresponding horizontal distance. (2)The finished surface of a canal bed,roadbed,top of
embankment, or bottom of excavation; any surface prepared to a design elevation for the
support of construction, such as paving or the laying of a conduit.(3)To fmish the surface
of a canal bed, roadbed, top of embankment, or bottom of excavation, or other land area
to a smooth, even condition.
Grading. The cutting and filling of the land surface to a desired slope or elevation.
Grass. A member of the botanical family Gramineae, characterized by blade-like leaves
that originate as a sheath wrapped around the stem.
Groundwater. Accumulation of underground water, natural or artificial. The term does
not include manmade underground storage or conveyance structures.
Habitat. The environment in which the life needs of a plant or animal are supplied.
Highly Erodible Land (HEL). Land that has an erodibility index of eight or more.
Hot Spot Development. Projects involving land uses considered to be high pollutant
producers such as vehicle service and maintenance facilities, vehicle salvage yards arid
recycling facilities, vehicle and equipment cleaning facilities, fleet storage areas for
buses, trucks, etc., industrial/commercial or any hazardous waste storage areas or areas
that generate •such wastes, industrial sites, restaurants and convenience stores, any
activity involving chemical mixing or loading/unloading, outdoor liquid container
storage, public works storage areas, commercial container nurseries, and some high
traffic retail uses characterized by frequent vehicle turnover.
Hydrologic Unit Code. A numeric United States Geologic Survey code that corresponds
to a watershed area. Each area also has a text description associated with the numeric
code.
Hydrology. The science of the behavior of water in the atmosphere, on the surface of
Stormwater Management Ordinance—Page 40
the earth, and underground. A typical hydrologic study is undertaken to compute flow
rates associated with specified flood events.
Illicit Discharge. Any discharge to a conveyance that is not composed entirely of
stormwater except naturally occurring floatable, such as leaves or tree limbs. Illicit
discharges include polluted flows from direct and indirect connections to the MS4
conveyance, illegal dumping, and contaminated runoff.
Impaired Waters. Waters that do not or are not expected to meet applicable water
quality standards, as included on IDEM's CWA Section 303(d)List of Impaired Waters.
Impervious surface. Surfaces, such as pavement and rooftops, which prevent the
infiltration of stormwater into the soil.
Individll.al building lot. A single parcel of land within a multi-parcel development.
Individual lot operator. A contractor or subcontractor working on an individual lot.
Individual lot owner. A person who has financial control of construction activities for
an individual lot.
Infiltration. Passage or movement of water into the soil. Infiltration practices include any
structural BMP designed to facilitate the percolation of run-off through the soil to
groundwater. Examples include infiltration basins or trenches, dry wells, and porous
pavement.
Inlet. An opening into a storm drain system for the entrance of surface storm water
runoff, more completely described as a storm drain inlet.
Land-disturbing Activity. Any man-made change of the land surface, including
removing vegetative cover that exposes the underlying soil, excavating, filling,
transporting and grading.
Land Surveyor. A person licensed under the laws of the State of Indiana to practice
land surveying.
Larger common plan of development or sale. A plan, undertaken by a single
project site owner or a group of project site owners acting in concert,to offer lots for
sale or lease; where such land is contiguous, or is known, designated, purchased or
advertised as a common unit or by a common name, such land shall be presumed as
being offered for sale or lease as part of a larger common plan. The term also includes
phased or other construction activity by a single entity for its own use.
Lowest Adjacent Grade. The elevation of the lowest grade adjacent to a structure,
where the soil meets the foundation around the outside of the structure (including
structural members such as basement walkout, patios, decks, porches, support posts or
piers, and rim of the window well.
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Lowest Floor. Refers to the lowest of the following:
1. The top of the basement floor.
2. The top of the garage floor, if the garage is the lowest level of the building.
3. The top of the first floor of buildings constructed on a slab or of buildings
elevated on pilings or constructed on a crawl space with permanent openings;
or
4. The top of the floor level of any enclosure below an elevated building where the
walls of the enclosure provide any resistance to the flow of flood waters unless:
a. The walls are designed to automatically equalize the hydrostatic flood forces
on the walls by allowing for the entry and exit of flood waters, by providing a
minimum of two opening(in addition to doorways and windows)having a
total area of one(1)square foot for every two(2)square feet of enclosed area
subject to flooding. The bottom of all such openings shall be no higher than
one (1) foot above grade.
b. Such enclosed space shall be usable only for the parking of vehicles or building
access.
Manhole. Storm drain structure through which a person may enter to gain access to an
underground storm drain or enclosed structure.
Measurable storm event. A precipitation event that results in a total measured
precipitation accumulation equal to, or greater than, one-half(0.5) inch of rainfall.
Mulch. A natural or artificial layer of plant residue or other materials covering the land
surface which conserves moisture, holds soil in place, aids in establishing plant cover, and
minimizes temperature fluctuations.
Municipal Separate Storm Sewers. An MS4 meets all the following criteria: (1) is a
conveyance or system of conveyances owned by the state, county, city,town, or other
public entity; (2) discharges to waters of the U.S.;(3)is designed or used for collecting or
conveying stormwater; (4)is not a combined sewer; and, (5) is not part of a Publicly Owned
Treatment Works (POTW).
Refueling area. An operating gasoline or diesel fueling area whose primary function is
to provide fuel to equipment or vehicles.
National Pollutant Discharge Elimination System. A permit developed by the U.S. EPA
through the Clean Water Act. In Indiana,the permitting process has been delegated to IDEM.
This permit covers aspects of municipal stormwater quality.
Natural Drainage. The flow patterns of stormwater run-off over the land in its pre-
development state.
Nutrient(s). (1)A substance necessary for the growth and reproduction of organisms. (2) In
water, those substances (chiefly nitrates and phosphates) that promote growth of algae and
bacteria.
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Offense. Both a violation and a failure of compliance on a particular project. If there are
multiple violations or multiple failures of compliance on the same project, each shall be
considered a separate Offense.
Open Drain. A natural watercourse or constructed open channel that conveys drainage water.
Open Space. Any land area devoid of any disturbed or impervious surfaces created by
industrial, commercial,residential, agricultural, or other manmade activities.
Outfall. The point,location,or structure where a pipe or open drain discharges to a receiving
body of water.
Outlet. The point of water disposal from a stream, river, lake,tidewater, or artificial drain.
Peak Discharge (or Peak Flow). The maximum instantaneous flow from a given storm
condition at a specific location.
Percolation. The movement of water through soil.
Permanent stabilization. The establishment, at a uniform density of seventy percent
(70%)across the disturbed area,of vegetative cover or permanent non-erosive material that
will ensure the resistance of the soil to erosion, sliding, or other movement.
Pervious. Allowing movement of water.
Point Source. Any discernible, confined, and discrete conveyance including but not
limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, or container
from which pollutants are or maybe discharged (P.L. 92-500, Section 502[14]).
Porous pavement. A type of infiltration practice to improve the quality and reduce the
quantity of storm water run-off via the use of manmade,pervious pavement which allows
run-off to percolate through the pavement and into underlying soils
Professional Engineer. A person licensed under the laws of the State of Indiana to
practice professional engineering.
Project site. The entire area on which construction activity is to be performed.
Project site owner. The person required to submit a stormwater permit application and
required to comply with the terms of this ordinance, including a developer or a person who
has financial and operational control of construction activities, and project plans and
specifications, including the ability to make modifications to those plans and
specifications.
Qualified Professional. An individual who is trained and experienced in stormwater
treatment techniques and related fields as may be demonstrated by professional
certification or completion of coursework that enable the individual to make sound,
professional judgements regarding stormwater control, treatment and monitoring, -
pollutant fate and transport, and drainage planning.
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Rain garden. A vegetative practice used to alter impervious surfaces,such as roofs,
into pervious surfaces for absorption and treatment of rainfall.
Receiving Stream, Receiving Channel,or Receiving Water. The body of water into
which runoff or effluent is discharged. The term does not include private drains,
unnamed conveyances, retention and detention basins, or constructed wetlands used as
treatment.
Recharge. Replenishment of groundwater reservoirs by infiltration and transmission
from the outcrop of an aquifer or from permeable soils.
Redevelopment. Development occurring on a previously developed site.
Refueling area.An operating gasoline or diesel fueling area whose primary function
is to provide fuel to equipment or vehicles.
Regional Pond. A detention/retention basin sized.to detain/retain the runoff from the
entire watershed, on-site and off-site, tributary to the pond's outlet.
Regulatory Flood. "The discharge or elevation associated with the 100-year flood as
calculated by a method and procedure which is acceptable to and approved by the
Indiana Department of Natural Resources and the Federal Emergency Management
Agency. The "regulatory flood" is also known as the "base flood".
Regulatory Floodway. See Floodway.
Release Rate-The amount of storm water release from a storm water control facility per
unit of time.
Reservoir. A natural or artificially created pond, lake or other space used for storage,
regulation or control of water. May be either permanent or temporary. The term is also
used in the hydrologic modeling of storage facilities.
Retention. The storage of stormwater to prevent it from leaving the development site.
May be temporary or permanent.
Retention basin. A type of storage practice, that has no positive outlet, used to retain
storm water run- off for an indefinite amount of time. Runoff from this type of basin is
removed only by infiltration through a porous bottom or by evaporation.
Return Period - The average interval of time within which a given rainfall event will
be equaled or exceeded once. A flood having a return period of 100 years has a one
percent probability of being equaled or exceeded in any one year.
Riparian zone. Of,on,or pertaining to the banks of a stream,river, or pond.
Riparian habitat. A land area adjacent to a waterbody that supports animal and plant life
Stormwater Management Ordinance—Page 44
associated
with that waterbody.
Runoff.That portion of precipitation that flows from a drainage area on the land surface,
in open channels, or in stormwater conveyance systems.
Runoff Coefficient - A decimal fraction relating the amount of rain which appears as
runoff and reaches the storm drain system to the total amount of rain falling. A
coefficient of 0.5 implies that 50 percent of the rain falling on a given surface appears as
storm water runoff.
Sediment. Solid material (both mineral and organic)that is in suspension, is being
transported, or has been moved from its site of origin by air, water, gravity, or ice and
has come to rest on the earth's surface.
Sedimentation. The process that deposits soils, debris and other unconsolidated
materials either on the ground surfaces or in bodies of water or watercourses.
Sensitive Water. A waterbody in need of priority protection or remediation base on its:
providing habitat for threatened or endangered species, usage as a public water supply
intake, relevant community value, usage for full body contact recreation, exceptional
use classification as found in 327 IAC 2-1-1 1(b), outstanding state resource water
classification as found in 327 IAC 2-1-2(3) and 327 IAC 2-1.5-19(b).
Silvicultural. The practice of controlling the establishment, growth, composition,
health, and quality of forests to meet diverse needs and values.
a. Nonpoint activities include source silvicultural activities such as nursery
operations, site preparation, reforestation and subsequent cultural
treatment, thinning, prescribed burning, pest and fire control, harvesting
operations, surface drainage, or road construction and maintenance from
which there is natural runoff. Some of these activities (such as stream
crossing for roads) may involve the placement of dredged or fill material
which may require a CWA section 404 permit and a 401 Water Quality
Certification.
b. Point source activities include any discernible, confined and discrete
conveyance related to rock crushing, gravel washing, log sorting, or log
storage facilities which are operated in connection with silvicultural
activities and from which pollutants are discharged into waters of the
United States or the State.
Site. The entire area included in the legal description of the land on which land
disturbing activity is to be performed.
Slope. Degree of deviation of a surface from the horizontal, measured as a numerical
ratio or percent. Expressed as a ratio, the first number is commonly the horizontal
distance (run) and the second is the vertical distance (rise)--e.g., 2:1. However, the
preferred method for designation of slopes is to clearly identify the horizontal (H) and
Stormwater Management Ordinance—Page 45
vertical (V) components (length (L) and Width (W) components for horizontal angles).
Also note that according to international standards (Metric), the Slopes are presented as
the vertical or width component shown on the numerator--e.g.,IV:2H. Slope expressions
in this Ordinance follow the common presentation of slopes--e.g., 2:1 with the metric
presentation shown in parentheses--e.g., (IV:2H). Slopes can also be expressed in
"percents". Slopes given in percents are always expressed as (I00*V/H) --e.g., a 2: I (I
V:2H) slope is a 50%slope.
Soil. The unconsolidated mineral and organic material on the immediate surface of the
earth that serves as a natural medium for the growth of land plants.
Soil and Water Conservation District.A public organization created under state law as
a special-purpose district to develop and carry out a program of soil, water, and related
resource conservation, use, and development within its boundaries. A subdivision of
state government with a local governing body, established under IC 14-32.
Solid Waste. Any garbage, refuse, debris, or other discarded material.
Spill. The unexpected, unintended, abnormal, or unapproved dumping, leakage,
drainage, seepage, discharge, or other loss of petroleum, hazardous substances,
extremely hazardous substances, or objectionable substances. The term does not include
releases to impervious surfaces when the substance does not migrate off the surface or
penetrate the surface and enter the soil.
Storm Duration. The length of time that water may be stored in any stormwater control
facility,computed from the time water first begins to be stored.
Storm Event. An estimate of the expected amount of precipitation within a given period
of time. For example, a 10-yr. frequency, 24-hr. duration storm event is a storm that has
a 10%probability of occurring in any one year. Precipitation is measured over a 24-hr.
period.
Storm Sewer. A closed conduit for conveying collected storm water, while excluding
sewage and industrial wastes. Also called a storm drain.
Stormwater. Water resulting from rain,melting or melted snow, hail, or sleet.
Stormwater Management System. A collection of structural and non-structural
practices and infrastructure designed to manage stormwater on a site. This system may
include but is not limited to erosion control measures, storm drainage infrastructure,
detention/retention facilities, and stormwater quality BMP's.
Stormwater Pollution Prevention Plan. A plan developed to minimize the impact of
storm water pollutants resulting from construction activities.
Stormwater Runoff.The water derived from rains falling within a tributary basin,
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flowing over the surface of the ground or collected in channels or conduits.
Stormwater Quality Management Plan, A comprehensive written document that
addresses stormwater runoff quality.
Stormwater Quality Measure. A practice,or a combination of practices, to control or
minimize pollutants associated with storm water runoff.
Stormwater Drainage System - All means, natural or man-made, used for conducting
storm water to, thrc Stormwater Management Ordinance—Page 44 ollowing: conduits and
appurtenant features, canals, enanneis, aucnes, storage facilities, swales, streams,
culverts, streets and pumping stations.
Strip Development. A multi-lot project where building lots front on an existing road.
Subdivision,Major. A subdivision of a parcel of land into more than two(2)
residential, commercial or industrial lots or any size subdivision requiring any new
street.
Subdivision,Minor. The subdivision of a parent tract into any combination of not
more than two(2) contiguous or non-contiguous new residential, commercial or
industrial building site or the reconfiguration of existing lots that create new building
sites and which does not involve the construction or extension of public or private
streets, or, under the standards set forth in the City's Subdivision Regulations and/or
Subdivision Control Ordinance, does not involve substantial improvement or
realignment of any existing publicly maintained street or road.
Subsurface Drain,A pervious backfield trench, usually containing stone and
perforated pipe, for intercepting groundwater or seepage.
Surface Runoff. Precipitation that flows onto the surfaces of roofs, streets, the ground,
etc., and is not absorbed or retained by that surface but collects and runs off.
Swale. An elongated depression in the land surface that is at least seasonally wet, is usually
heavily vegetated, and is normally without flowing water, Swales conduct stormwater into
primary drainage channels and may provide some groundwater recharge.
Temporary Stabilization. The covering of soil to ensure its resistance to erosion, sliding,
or other movement.The term includes vegetative cover,anchored mulch,or other non-
erosive material applied at a uniform density of seventy percent(70%) across the disturbed
area.
Tile Drain. Pipe made of perforated plastic, burned clay, concrete, or similar material, laid
to a designed grade and depth,to collect and carry excess water from the soil.
Topographic Map. Graphical portrayal of the topographic features of a land area,
showing both the horizontal distances between the features and their elevations above a
given datum.
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Topography. The representation of a portion of the earth's surface showing natural and man-
made features of a give locality such as rivers, streams, ditches, lakes, roads, buildings and
most importantly, variations in ground elevations for the terrain of the area.
Urban Drain. A drain defined as"Urban Drain" in Indiana Drainage Code.
Urbanization. The development,change or improvement of any parcel of land consisting of
one or more lots for residential, commercial, industrial, institutional, recreational or public
utility purposes.
Vegetated Swale. A type of vegetative practice used to filter stormwater runoff via a
vegetated, shallow- channel conveyance.
Violation. Any action or inaction which violates the provisions of this Ordinance or the
Stormwater Design Guide,the requirements of an approved stormwater management design
plan or permit, and/or the requirements of a recorded stormwater maintenance agreement
may be subject to the enforcement actions outlined in Section 7 of this Ordinance. Any such
action or inaction is deemed to be a public nuisance and may be abated by injunctive or other
equitable relief in addition to, and separate from, the imposition of any of the enforcement
actions described in Section 7 of this Ordinance.
Water Quality. A term used to describe the chemical,physical,and biological characteristics
of water, usually in respect to its suitability for a particular purpose.
Water Resources. The supply of groundwater and surface water in a given area.
Waterbody. Any accumulation of water, surface, or underground, natural or artificial,
excluding water features designed and designated as water pollution control facilities.
Watercourse. Any river,stream,creek,brook,branch, natural or man-made drainageway in
or into which stormwater runoff or floodwaters flow either continuously or intermittently.
Watershed. The region drained by or contributing water to a specific point that could be
along a stream, lake or other stormwater facilities. Watersheds are often broken down into
subareas for the purpose of hydrologic modeling.
Watershed Area. All land and water within the confines of a drainage divide. See also
Watershed.
Wetlands. Areas that are inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
This Ordinance shall be in full force and effect from and after its passage by
Common Council and approval by the Mayor.
Stormwater Management Ordinance—Page 48
Voted for: Voted against:
cl:Cgt•-)
Passed and adopted by the Common Council of the City of Jeffersonville, Clark
County, Indiana this 7 day of i rVA a, , 2026:
Dustin White
President
ATTEST:
„!
44AJ
Gill
Clerk
Presented by me as Clerk to the Mayor of said City of Jeffersonville this ? day
of , 2026
Lisa Gill
Clerk
This Ordinance approved and signed by me this q day of - , 2024.
M e Moore, ayor
City of Jeffersonville
Stormwater Management Ordinance—Page 49