2312ORDINANCE NO. 2312
COUNCIL MEMBER ANDERSEN INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING CHAPTER 9, ARTICLE 7 OF THE MUNICIPAL CODE OF
THE CITY OF BLAIR BY ADDING SECTION 9-701 THROUGH 9-712 ESTABLISHING
STORMWATER MANAGEMENT TO PROTECT, MAINTAIN AND ENHANCE THE
PUBLIC HEALTH, SAFETY AND GENERAL WELFARE BY ESTABLISHING MINIMUM
REQUIREMENTS AND PROCEDURES TO CONTROL THE ADVERSE IMPACTS
ASSOCIATED WITH INCREASED AND ALTERED STORMWATER RUNOFF; AND
ADDING ARTICLE 8 PENAL PROVISION; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING WHEN THIS ORDINANCE
SHALL BE IN FULL FORCE AND EFFECT AND FURTHER AND PROVIDING FOR
PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. Chapter 9, Article 7 of the Municipal Code of the City of Blair, Nebraska is
hereby amended in its entirety as follows, to wit:
Article 7. Stormwater Management
Sec. 9-701 STORMWATER MANAGEMENT; PURPOSE AND AUTHORITY. The
purpose of these Stormwater Management regulations is to protect, maintain, and enhance the
public health, safety, and general welfare by establishing minimum requirements and procedures
to control the adverse impacts associated with increased and altered stormwater runoff. Proper
management of stormwater runoff will minimize damage to public and private property, reduce
the harmful effects of development on land, control stream channel erosion, reduce local flooding,
and maintain after development, as nearly as possible, the predevelopment runoff characteristics.
The application of these Stormwater Management regulations and provisions expressed herein
shall be the minimum stormwater management requirements and shall not be deemed a limitation
on such management practices. The City of Blair shall be responsible for the coordination and
enforcement of the provisions of these regulations, which shall be applicable to all property within
the city and all property within the City's zoning jurisdiction.
Sec. 9-702 DEFINITIONS. The following words, phrases and terms as used in this chapter shall
have the meanings ascribed to them in this chapter.
1) BMP — see Post -Construction Stormwater Management Best Management Practices.
2) City shall mean City of Blair.
3) Director means the Director of Public Works Department for the City of Blair or his/her
authorized agent or representative.
4) Discharge means any release, spill, leak, pump, flow, escape, dumping, or disposal of any
liquid, semi-solid, or solid substance to the Municipal Stormwater System.
5) Illicit Connection means any human made conveyance that is directly or indirectly connected
to the Municipal Stormwater System and allows for an illicit discharge.
6) Illicit Discharge means any discharge to the Municipal Stormwater System that is prohibited
under local, state, or federal statutes, ordinances, codes, or regulations.
7) Municipal Stormwater System means any inlet, pipe, ditch or gully, or system of pipes,
ditches, or gullies, that is owned and operated by the City and used for collecting and conveying
stormwater.
8) Maximum Extent Practical means a standard for implementation of stormwater management
programs. It is the maximum extent possible taking into account equitable consideration of
competing factors, including, but not limited to the seriousness of the problem, public health risk,
environmental benefits, regulatory compliance, ability to implement, cost and technical feasibility.
9) New Development means land disturbing activities, structural development, including
construction or installation of a building or structure, the creation of impervious surfaces, and land
subdivision.
10) Post -Construction Stormwater Management Best Management Practices (BMP) shall mean
stormwater management practices designed and carried out to reduce the flow rate or velocity of
stormwater runoff after construction is completed. BMPs must be pre -authorized through the
approval of a Post -Construction Stormwater Management Plan.
11) Post -Construction Stormwater Management Plan (SMP) means a design, with drawings and
calculations, prepared by a licensed civil engineer to reduce flooding damage by minimizing, to
the Maximum Extent Practical, any increase in the flow rate or velocity of Stormwater Runoff
after construction is completed from New Development and Significant Redevelopment projects;
to reduce soil erosion from New Development and Significant Redevelopment projects; and to
assure adequacy of existing and proposed Municipal Stolinwater System components. All SMPs
must contain a Required Maintenance section, describing the periodic inspections and
maintenance which must be performed by the owners or occupants to ensure the continued
successful operation of all Post -Construction Stormwater Management BMPs.
12) Private Stormwater System means any inlet, pipe, ditch or gully, or system of pipes, ditches,
or gullies, including any instrumentality that drains or conveys water from a building or from or
through one or more properties not owned or operated by a government agency.
13) Receiving Waters means all surface water bodies, including all streams, lakes, ponds,
impounding reservoirs, marshes, wetlands, watercourses, waterways, wells, springs, irrigation
ditches, gullies or channels, drainage systems, and all other bodies or accumulation of water,
natural or artificial, public or private, situated wholly or partly within or bordering upon the
extraterritorial jurisdiction of the City of Blair.
14) Significant Redevelopment means construction activity that results in the creation or addition
of at least three thousand (3,000) square feet of impervious surface area on an already developed
site. Redevelopment includes, but is not limited to the following activities that meet the minimum
standards set forth in this definition:
a) The expansion of a building footprint;
b) Addition of a structure;
c) Addition of impervious surface.
Significant Redevelopment does not include routine maintenance activities.
15) SMP — See Post -Construction Stormwater Management Plan.
16) Stormwater Runoff means that part of natural precipitation (rainfall or snowmelt, including
that of any frozen precipitation) from a drainage area which travels via surface flow and enters the
Municipal Stormwater System.
Sec. 9-703 PROHIBITION OF ILLICIT CONNECTIONS. No person shall install, maintain,
or use any connection to the Municipal Stormwater System that may result in an Illicit Discharge
to the Municipal Stormwater System.
This prohibition expressly includes, without limitation, Illicit Connections made in the past,
regardless of whether the connection was permissible under law or practices applicable or
prevailing at the time of connection. For Illicit Connections made in the past, a plan to remedy the
Illicit Connection shall be submitted to the Director from the present owner or occupant upon
written request from the Director.
Sec. 9-704 REMOVAL OF ILLICIT CONNECTION. If any person fails to disconnect an
Illicit Connection within 30 days of being notified by the Director to remove such Illicit
Connection, the Director may cause the removal of such connection from the Municipal
Stormwater System. The City may pursue the recovery of costs by appropriate means, including a
suit at law against the person or persons responsible or from the present owner or occupant.
Sec. 9-705 PRIVATE STORM WATER CONVEYANCE SYSTEMS. The owner of a
property where a Private Stormwater System is located shall be responsible for the maintenance
and repair, and proper operation of the Private Stormwater System, regardless of whether the
Private Stormwater System is completely located on the private property or partially within the
public right of way. The City shall have no responsibility or obligation for the maintenance, repair,
or proper operation of a Private Stormwater System.
If the Director determines that a Private Stormwater System is not operating properly and causes
the improper discharge of stormwater to the street, sidewalk or Municipal Stormwater System, the
Director may order the person or persons responsible to repair the Private Stormwater System. If
any person fails to repair a Private Stormwater System within 30 days of being notified by the
Director, the City may pursue legal means, including a suit at law against the person or persons
responsible or from the present owner or occupant.
Sec. 9-706 DAMAGE TO THE MUNICIPAL STORMWATER SYSTEM. It is unlawful for
any person to maliciously, willfully, or negligently break, damage, destroy, uncover, deface or
tamper with any structure, appurtenance or equipment which is part of the Municipal Stormwater
System.
Sec. 9-707 WASTE DISPOSAL PROHIBITED. No person shall throw, deposit, place, or
permit to be thrown, deposited, or placed any pollutant, refuse, rubbish, food waste, yard waste,
garbage, or any other discarded or abandoned objects into the Municipal Stormwater System.
Sec. 9-708 EROSION AND SEDIMENT CONTROL AT CONSTRUCTION AND
DEVELOPMENT SITES. Individuals and organizations undertaking New Development or
Significant Redevelopment shall utilize adequate silt fencing and other sediment control measures
to ensure that no sediment encroaches upon or is deposited onto adjoining property or into the
Municipal Stormwater System.
Sec. 9-709 REQUIREMENT AND EXEMPTION FOR NEW DEVELOPMENT AND
REDEVELOPMENT PROJECTS. New Development and Significant Redevelopment projects
with the potential to affect the flow rate or velocity of Stormwater Runoff after construction is
completed must include provisions for the management of the increased post -construction runoff
in a Post -Construction Stormwater Management Plan.
1. New Development or Significant Redevelopment activity involving only one single family
dwelling unit, duplex, triplex, or quadraplex, provided the single unit is not part of a larger
common plan of development, are exempt from the requirement to submit a Post -Construction
Stormwater Management Plan.
Sec. 9-710 POST -CONSTRUCTION STORMWATER MANAGEMENT PLAN. A Post -
Construction Stormwater Management Plan (SMP) (see Section 9-702[10] for specific
requirements) shall be submitted to the City, for approval by the Director, for all New
Development or Significant Redevelopment activity (see Section 9-709 for residential
exemptions). The SMP shall be submitted during the building permit application process, or
during the preliminary plat application process.
Sec. 9-711 REQUIRED MAINTENANCE OF POST -CONSTRUCTION STORMWATER
MANAGEMENT BMPS. All Stoimwater Management Plans (SMPs) must contain a Required
Maintenance Agreement, describing the periodic inspections and maintenance which must be
performed by the owners or occupants to ensure the continued successful operation of all
Post -Construction Stormwater Management BMPs (BMPs).
1. The City shall record the Required Maintenance Agreement with the Washington County
Register of Deeds. The Required Maintenance Agreement shall be binding on all owners and
occupants of lands on which BMPs have been installed, including subsequent owners and
occupants.
2. BMPs shall be inspected and reviewed, as described in the Required Maintenance Agreement,
by the owners or occupants at least annually. A written record of inspection results and all
maintenance work shall be maintained, and shall be available for review by the City as
requested.
3. The City shall be allowed access to all BMPs, at reasonable times, for review and inspection by
the City or the City's authorized representative to ensure all BMPs are maintained in proper
working condition to meet design standards.
4. The owners and occupants of lands on which BMPs have been installed shall ensure those
BMPs are inspected and maintained as described in the Required Maintenance Agreement, and
shall themselves inspect and maintain those BMPs if other persons or entities who are also
obligated to inspect and maintain those BMPs (by contract or covenant, or pursuant to these
regulations) fail to do so.
5. The responsibility to maintain a BMP may be transferred through a contract or other
agreement. The person or entity accepting a maintenance obligation in such a contract or
agreement will also be legally obliged to maintain that BMP pursuant to these regulations.
However, no contract or other agreement imposing an obligation to maintain a BMP can
relieve a person or entity of any obligation to maintain a BMP imposed by these regulations.
6. Whenever the Director finds that an owner or occupant of lands on which BMPs have been
installed has not maintained such BMP(s), such owner or occupant of lands shall be notified in
writing of the required maintenance work. If, after notice by the City of such violation,
satisfactory corrections are not made by the owner or occupant within 30 days, the City may
perform all necessary maintenance work to keep the BMP(s) in proper working condition. The
owner of the lands on which BMPs have received maintenance work by the City shall be billed
the cost of the work, along with any appropriate administrative fees.
Sec. 9-712 APPEALS. Any person aggrieved by the issuance, denial, suspension, cancellation,
modification, or revocation of any order or request of the Director, may, within ten days of the
receipt of written notice, appeal to the city administrator in writing.
SECTION 2. Chapter 9 of the Municipal Code of the City of Blair, Nebraska is hereby
amended by adding Article 8 Penal Provision in its entirety as follows, to wit:
Article 8. Penal Provision
Sec. 9-801 VIOLATIONS; PENALTY. It shall be unlawful for any person to fail to comply with
the provisions herein, and every person failing to comply with, or violating any of the provisions of
this Chapter shall be deemed to be guilty of a Class III misdemeanor, as defined by the Statutes of
the State of Nebraska, Section 28-106, and upon conviction thereof shall be fined accordingly.
SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 4. That this ordinance shall be in force and take effect from and after its passage,
approval and publication as provided by law.
Passed and approved this 14th day of June, 2016.
CITY OF BLAIR, NEBRASKA
By �
J . REALPH, MAYOR
ATTEST:
6�1�l�6
BRENDA R. WHEELER, CITY CL
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing ordinance was passed at a
regular meeting of the Mayor and City Council of said City held on the 14th day of June, 2016.
616k, -/L
BRENDA R. WHEELER, CITY CLERK