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City of Bardstown

Bardstown Stormwater Laws & Regulations

The City of Bardstown regulations are compliant with the Kentucky Pollutant Discharge Elimination System (KPDES) through municipal regulation Bardstown Drainage Control Ordinance. The city’s Municipal Separate Storm Sewer System (MS4) requires Bardstown to administer and enforce compliance with stormwater discharge permits in an effort to decrease stormwater pollutants and increase overall water quality.

EXCERPT- Bardstown Post Construction Page

Typically most construction will add areas that are impervious to water for example roofs and parking areas. It is important therefore that these impervious areas are accounted for, along with any pollutants that may run off these areas by ensuring that appropriate controls are installed to manage stormwater from each site once construction is completed.

These Best Management Practices (BMP’s) can include structural and non-structural controls such as detention ponds, infiltration trenches and Catch basin screens.

EXCERPT- Bardstown Drainage Control Ordinance

DESIGN CRITERIA; PERFORMANCE STANDARDS

§ 156.15 STORMWATER MANAGEMENT PLAN.

(A) A stormwater management plan shall be required for any new single-family residential developments having a gross aggregate area, including roads, utility rights-of-way, and any other dedicated lands of five or more acres, and having a density of greater than one dwelling unit per acre or for any new commercial, multi-family residential, industrial, institutional, or utility development having a gross aggregate area of 0.5 acres or more; provided that all such development is located in areas designated as “severe” or “high” on the watershed drainage map. A plan shall also be required for any new development or redevelopment of fully developed areas as designated on the watershed drainage map. The official watershed drainage map shall be kept in the office of the City Civil Engineer. No final subdivision plat shall be approved and no building permits shall be issued until and unless the stormwater management plan has been reviewed and approved by the City Civil Engineer. Owners of residential property within subdivisions for which final subdivision plats have been approved prior to the date of the approval of this chapter shall not be required to comply with this chapter. The City Civil Engineer or his or her duly authorized designees may also require stormwater management plans for any drainage area if adverse impacts are anticipated. A stormwater management plan may also be required prior to any grading or excavation which would fill, obstruct, or otherwise alter any creek, stormwater channel, or drainage facility.

(B) The required stormwater management plan shall identify means for controlling the stormwater runoff release rate from the development and providing storage potential for the excess stormwater runoff (where required). All computations, plans and specifications related to the implementation of this chapter must be prepared and sealed by a professional engineer registered in the state.

(1) Requirements for controls of runoff for projects under construction/new construction. The following best management practices, which address the problem of urban runoff, shall apply to all projects undergoing construction in the city. The best management practices list set forth below is the minimum required by the city. Any BMP or BMP Plan utilized shall be equal to or more effective than the BMPs contained in the Kentucky Erosion Prevention and Sediment Control Manual and Field Guide.

(D) Stormwater Pollution Prevention Plan (SWPPP). Any land disturbing activity that disturbs 0.5 acres of land or more is required to submit a SWPPP to the Office of the City Civil Engineer. For all sites that disturb one acre or more, a notice of intent (NOI) must be filed with the Kentucky Division of Water as well as the SWPPP prior to any disturbance. The NOI and SWPPP shall be submitted with the design plans and stormwater management plan to the Office of the City Civil Engineer. The SWPPP shall include sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed grading on water resources, and measure proposed to minimize soil erosion and off-site sedimentation. The owner/developer, contractor shall perform all clearing, grading, drainage, construction, and development in strict accordance with the approved plan and this chapter.

§ 156.18 POST-CONSTRUCTION STORMWATER MANAGEMENT PLAN.

(1) A post-construction stormwater management plan (PC-SWMP) shall be submitted for all subdivisions that discharge to MS4 high quality waters. This includes residential, commercial, and industrial developments. The PC-SWMP is required for all sites one acre and larger in size, and all sites part of a greater common development.

(2) The city reserves the right to develop or adopt other guidance documents to serve as design and implementation standards. Other guidance documents distributed by the city should be reviewed and considered when preparing the PC- SWMP. These documents may be applied as standards by which designs are to be prepared and controls implemented.

(3) The city shall have the authority to implement this chapter by appropriate regulations, guidance or other related materials. In this regard, technical, administrative, or procedural matters may be modified as needed to meet the objectives herein. (Ord. B2011-19, passed 9-27-11) Penalty, see § 156.99

BONDS, MAINTENANCE, ASSURANCES, AND FEES

§ 156.31 MAINTENANCE AGREEMENT.

(A) General. Individual property owners, whether residential or commercial, shall be responsible for the general and overall maintenance of the drainage easements and the street right-of-way ditch. Such maintenance includes mowing, keeping the drainway free of leaves and debris, and following the guidelines within this chapter. Property owners shall install and maintain their permitted entrance pipe. The pipe shall be kept free of debris, and excess sediment that builds up over time, which constricts the flow of the street runoff. No one shall “fill-in” the right-of-way ditch or any drainage way without first obtaining an land disturbance permit. All proposed piping of ditches shall be appropriately sized and may be required to have a catch basin to allow for intake of surface water. The property owner shall ensure that adequate vegetation remains in the drainway and provide a hardened surface where applicable to prevent erosion.

(B) Stormwater maintenance agreement. A stormwater maintenance agreement, approved by the City Civil Engineer, assuring perpetual maintenance of storm water management improvements, including post-construction BMPs, shall be executed by the applicants to the City of Bardstown. The agreement shall be recorded among the deed records in the Nelson County Clerk’s office upon final plan approval. The agreement shall be a covenant running with the land and shall be binding on the landowner, its administrators, executers, heirs, assigns and any other successors of interest, including any homeowners association. A copy of an appropriate maintenance agreement can be obtained from the City Engineering Department.

(1) Operation and maintenance of all stormwater quality and quantity devices, BMPs, and drainage ways shall be the responsibility of the property owner. Operation and maintenance shall be required sufficient to maintain proper function and water quality at the discharge point.

(2) (a) Routine inspections are the responsibility of property owner to ensure the stormwater facilities/BMPs are operating and functioning as designed and that required maintenance activities have occurred. The property owner must submit an inspection report annually to the city. The report shall include any action taken, who took it, when the action was done, how it was done, and any problems encountered or follow-up actions recommended. Maintenance problems shall be inspected monthly or more frequently as necessary to assure safe and proper functioning of the facilities.

(b) Example post-construction stormwater facility/BMP maintenance inspection checklists are available at the Office of the City Civil Engineer.

(3) The city and its agents shall have the right of entry to inspect, observe, test or perform any other related activity to the operation, maintenance, and function of the stormwater infrastructure. The city has the right to perform inspections and emergency maintenance on the facilities; however, it is not the city’s obligation to maintain the stormwater quality/quantity facility. (Ord. 432, passed 5-16-90; Am. Ord. B2006-8, passed 5-23-06; Am. Ord. B2011-19, passed 9-27-11)

§ 156.50 ENFORCEMENT PROCEDURE.

The City Civil Engineering Department in conjunction with Bardstown Public Works and Code Enforcement shall be responsible for the enforcement of this chapter. Duly authorized representatives have the authority to issue notices of violation, stop work orders, and levy fines. Enforcement actions shall be served to the property owner as listed on the permit or most current property owner as held by the PVA office.

(A) Notice of deficiency (NOD). If any site violates the conditions of this chapter when inspected by the city’s authorized representative, a NOD shall be issued to the violator. The NOD may be verbal or written to either NOI holder or the property owner. The violator shall be given seven (7) calendar days, or as directed by the City Civil Engineer or designee, to correct the deficiency per the details as specified in the NOD.

(B) Notice of violation (NOV). A written NOV shall be issued to either the holder of the NOI or the owner(s) of the site, when previously sited, does not comply with the terms of the NOD within the time period given. The violator shall be given five (5) calendar days to correct the deficiency per the details as specified in the NOV. The city’s authorized representative has the right to modify the timeframe for corrections based on his/her judgment, due to project conditions.

(E) Post-construction stormwater management facilities/BMPs.

(1) When deficiencies are noted upon inspection by the city, the city shall provide the property owner copies of the inspection report with findings and evaluations. The owner then has thirty (30) days to get the stormwater facilities in working order as per its original design function.

(2) In the event the property owner neglects to make repairs upon notification, and/or fails to maintain the stormwater management facilities in good working condition acceptable to the city, the city may enter upon the property and take whatever steps it deems necessary to maintain said stormwater management/BMP facilities and to charge the costs of the repairs to the landowner, its successors and assigns. This provision shall not be construed to allow the City of Bardstown to erect any structure of a permanent nature on the property of the landowner, outside of an easement for stormwater management/BMP facilities. It is expressly understood and agreed that the city is under no obligation to maintain or repair the facilities.

(3) In the event the city performs work of any nature or expends any funds in performance of the work for labor, use of equipment supplies, materials, and the like on account of the landowner, its successors and assigns, the landowner shall reimburse the city upon demand, within thirty (30) days of receipt thereof for all costs incurred by the city. (Ord. 432, passed 5-16-90; Am. Ord. B2006-8, passed 5-23-06; Am. Ord. B2011-19, passed 9-27-11)

§ 156.99 PENALTY.

Any person, firm, or corporation who violates or fails to comply with any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction, shall be subject to a fine of not less than $25, nor more than $250, and in addition shall pay all costs and expenses involved in the case. Violators of this chapter may be issued a citation by the officer in charge of enforcement. In addition or in the alternative, any person determined to be in violation of this chapter may be assessed civil penalties or fines, those fines assessed through the Code Enforcement Board process as provided in §§ 34.20 through34.33 in the amount of no less than $50 nor more than $150 for the first offense, no less than $75 nor more than $200 for the second offense and no less than $100 nor more than $250 for any subsequent offense. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. (Ord. 432, passed 5-16-90; Am. Ord. B2006-8, passed 5-23-06; Am. Ord. B2011-19, passed 9-27-11; Am. Ord. B2015-30, passed 12-8-15)