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Stormwater Ordinance Executive Summary

PDF of Entire Ordinance

 

Section 1.  General Provisions

The first section sets the county’s authority, intent and limitations.  Applicability defines when a land disturbance activity or redevelopment project falls under the new regulation.  Exemptions include agriculture, emergency and some linear projects, and plans/plats that were approved before the ordinance goes into effect.

Section 2.  Definitions

Section 3.  Plan submittal/review requirements.

This section sets the new requirements for a mandatory pre-application meeting and the materials necessary for that meeting.  The next mandatory plan review is a preliminary stormwater management plan, then the construction plan.  The last section outlines the new requirements for maintenance agreements. 

Section 4.  Performance Criteria for Stormwater Management.

This section sets the criteria for stormwater controls and management on new development, redevelopment and development in sensitive areas, such as sinkholes and caves.  Section 4.4 sets requirements to reduce the post-development runoff by 10% through infiltration, disconnection, or vegetative controls.  The remaining water quality volume has to be treated through a filtration BMP.  The water leaving the property must be contained in a way to prevent downstream erosion.  Finally, the section on flood control states that the site must convey the 100-year storm without causing damage to structures.  Section 4.5 provides various options for redevelopment, including off-site treatment.  Section 4.6 reduces the land disturbance from one (1) acre to 3000 square feet when disturbing land in environmentally sensitive areas, and increases the buffer area around wetlands, sinkholes, losing streams and caves.    

Section 5.  Construction Site Runoff Control

This section gives the county the authority to enforce the federal and state regulations that have been in effect for the past 10 years.     

Section 6.  Ongoing Maintenance for Stormwater Best Management Practices (BMPs)

This section states that all stormwater BMPs shall be maintained in accordance with the stormwater plan, a responsible party will be identified for private and residential properties and easements will convey the 100-year storm.  This section also grants Boone County inspectors permission to enter and inspect stormwater facilities.  

Section 7.  Illicit Discharge Detection and Elimination

An illicit discharge from a storm drain is a dry weather flow that contains pollutants and/or pathogens.  This section of the ordinance makes those discharges illegal, as well as unauthorized connections to the County’s MS4.

Section 8.  Permits

There are two required permits, a stormwater discharge permit and land disturbance permit.  This section outlines when permits are needed, the fees, performance bonds, and inspection requirements.

Section 9. Violations Enforcement and Penalties

The last section of the ordinance outlines enforcement procedures.  Inspectors will notify the responsible party verbally, if possible, and follow-up with written notification. The written notice will provide contact information as well as a schedule for removal of the violation.  If the responsible party does not comply with the schedule or receive approval for a revised schedule, enforcement action will be taken as defined in the ordinance.  The requirements and process to apply for a variance are also defined.

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