City of Roswell

The City of Roswell has enacted a Post Development Stormwater Management Ordinance in order to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-development stormwater runoff and nonpoint source pollution associated with new development and redevelopment. The City of Roswell is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Roswell will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. Stormwater utility fees will be calculated and collected by the City of Roswell. The City of Roswell offers credits to properties who implement stormwater best management practices. The City of Roswell, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Roswell has the authority to inspect stormwater facilities and practices in order to ascertain that they properly maintained and functioning.

Post Development Stormwater Management Ordinance

Section 7.2.6 – Ongoing Inspection and Maintenance of Stormwater Facilities and Practices.

7.2.6.1 Long-Term Maintenance Inspection of Stormwater Facilities and Practices.

Stormwater management facilities and practices included in a stormwater management plan which are subject to an inspection and maintenance agreement must undergo ongoing inspections to document maintenance and repair needs and ensure compliance with the requirements of the agreement, the plan and this ordinance.

A stormwater management facility or practice shall be inspected on a periodic basis by the responsible person in accordance with the approved inspection and maintenance agreement. In the event that the stormwater management facility has not been maintained and/or becomes a danger to public safety or public health, the City of Roswell shall notify the person responsible for carrying out the maintenance plan by registered or certified mail to the person specified in the inspection and maintenance agreement. The notice shall specify the deficiencies which must be corrected to comply with the agreement and the plan and shall specify the time within which such measures shall be completed. If the responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement, the City of Roswell, may correct the violation as provided in subsection 7.2.6.4 hereof.

Inspection programs by the City of Roswell may be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in stormwater management facilities; and evaluating the condition of stormwater management facilities and practices.

7.2.6.2 Right-of-Entry for Inspection.

The terms of the inspection and maintenance agreement shall provide for the City of Roswell to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this ordinance is occurring or has occurred and to enter when necessary for abatement of a public nuisance or correction of a violation of this ordinance.

7.2.6.3 Records of Maintenance Activities.

Parties responsible for the operation and maintenance of a stormwater management facility shall provide records of all maintenance and repairs to the City of Roswell.

7.2.6.4 Failure to Maintain.

If a responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement, the City of Roswell, after thirty (30) days’ written notice (except, that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours’ notice shall be sufficient), may correct a violation of the design standards or maintenance requirements by performing the necessary work to place the facility or practice in proper working condition. The City of Roswell may assess the owner(s) of the facility for the cost of repair work which shall be a lien on the property, and may be placed on the ad valorem tax bill for such property and collected in the ordinary manner for such taxes.

Section 7.2.7 – Violations, Enforcement and Penalties.

Any action or inaction which violates the provisions of this ordinance or the requirements of an approved stormwater management plan or permit may be subject to the enforcement actions outlined in this section. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief.

7.2.7.1 Notice of Violation.

If the City of Roswell determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved stormwater management plan or the provisions of this ordinance, it shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this ordinance without having first secured a permit therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.

The notice of violation shall contain:

(1) The name and address of the owner or the applicant or the responsible person;

(2) The address or other description of the site upon which the violation is occurring;

(3) A statement specifying the nature of the violation;

(4) A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the stormwater management plan or this ordinance and the date for the completion of such remedial action;

(5) A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and,

(6) A statement that the determination of violation may be appealed to the City of Roswell by filing a written notice of appeal within thirty (30) days after the notice of violation (except, that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours’ notice shall be sufficient).

7.2.7.2 Penalties.

In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one (1) or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of the following actions or imposing any of the following penalties, the City of Roswell shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity, of not less than ten (10) days (except, that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours’ notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the City of Roswell may take any one (1) or more of the following actions or impose any one (1) or more of the following penalties:

(1) Stop Work Order. The City of Roswell may issue a stop work order which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take the necessary remedial measures to cure such violation or violations.

(2) Withhold Certificate of Occupancy. The City of Roswell 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 cured the violations described therein.

(3) Suspension, Revocation or Modification of Permit. The City of Roswell may suspend, revoke or modify the permit authorizing the land development project. 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 Roswell may deem necessary to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations].

(4) Civil Penalties. Any person failing to comply with this ordinance shall be in violation of this ordinance and shall be subject to the penalties specified in section 1.1.3 of the Roswell Code of Ordinances in addition to any provided in this article.

Stormwater Utility Fee Structure

Non-Residential Properties pay $3.95 per month for every 4,100 square feet of impervious surface on the property.

Stormwater Utility Fee Credits

Stormwater utility credits recognize efforts by private and public entities to help reduce the City’s Stormwater Management Program (SWMP) costs by reducing their Stormwater fee. Credits are generally reviewed and considered annually and support the City’s regulatory program compliance activities. Credits are typically given for: detention facilities, best management practices (BMPs) and other activities such as open space & greenspace preservation. Many programs also include innovative programs that involve education and public participation.

A Stormwater Utility rate credit, or stormwater credit, represents a reduction in the customer’s Stormwater Utility fee. The credit is only applicable for instances where stormwater management best management practices (BMPs) are operated and maintained to reduce the impact of runoff from the subject property on the City’s stormwater management systems or in recognition of activities undertaken by the customer to reduce the cost of operating the stormwater management program.

Credit Program Procedures

• Application submitted and reviewed by City personnel, including an inspection of the facility (if applicable) to insure functionality and appropriateness
• Periodic Renewal – must be renewed at the specified interval (usually one year)
• Activities/Participation results in a credit on the bill following approval of the application

Basic Procedures

Most of the credits require an application, and some of the credit applications require engineering calculations to verify eligibility to receive the credit. The credits associated with engineering calculations are identified in the manual and the credit application forms. The City requires that these calculations be performed, signed, and sealed in accordance with the professional certification provisions outlined herein.

The procedure for filing a credit application includes the following tasks:

• Obtain an application packet from the City.
• If required by the credit, retain a professional engineer to perform the required analysis.
• Submit the completed application with all sections appropriately filled out, and all required information contained within or attached to the application, including the Right of Entry form.
• The City will review and rule on the eligibility of the credit application within 30 days of receipt of the completed Stormwater Utility credit application. Incomplete packages will not be considered by the City and will be returned to the customer for correction/revision. The decision of the City regarding credit eligibility is final.
• If the credit application is approved, the City will apply the stormwater credit to the next billing cycle.
• During the credit term, the City has the right to inspect the BMP facility to ensure it is functioning per the design documents and is being properly maintained.
• Stormwater Utility credits expire automatically at the end of the credit term. A new credit application is required at the end of the credit term. It is the customer’s responsibility to ensure that reapplication is made within 90 days of expiration and a maximum of 60 days prior to the credit expiring for the City to review and approve..

Watershed Stewardship

Non-Residential customers are eligible for a stormwater credit if the customer participates in a City approved local watershed stewardship event. Eligible events are set up, organized, and executed through a partnership with citizens, local groups, county, and federal agencies.

Credit Description

In general, eligible watershed stewardship activities will include community programs such as Adopt-A-Stream, Adopt-A-Park and Adopt-A-Mile that require participation in at least 4 events per year. Other eligible programs may be added in the future, but customers should verify activity eligibility with the City Stormwater Manager in advance.

There shall only be one stormwater credit certificate issued per NSFR property. Participation may include more than one person. However, the certificate may only be issued for those properties where the customer or adult over the age of 18 that is affiliated with the organization responsible for or is a tenant of the property is one of the participants, unless otherwise approved by the City Stormwater Manager.

Septic Tank Maintenance

NSFR customers are eligible for a stormwater credit if the customer conducts maintenance on existing septic systems located on the customer’s property. NSFR customers with septic systems can receive a credit by having their septic tanks pumped out on a regular basis, at a minimum of every five years. By submitting documentation in the form of a receipt from a licensed hauler of septic wastes, customers would be eligible for a 25% credit for the five years after the septic tank was pumped out. Customers may reapply for this credit at the end of every five year term.

Credit Description

The septic system maintenance credit will be applied to the customer applying for the stormwater credit.

There shall only be one stormwater credit certificate issued per NSFR property in which regular maintenance is conducted on the septic system and it shall only be good for a period of five years. It is the customer’s responsibility to contact a licensed hauler of septic wastes and submit the proper documentation citing that the septic system has had maintenance conducted on the system.

Upon receipt of the credit application, the City shall review the application and documentation from the licensed hauler of septic waste. Upon verification, the stormwater credit will be applied starting with the next billing cycle.

If the City Stormwater Manager does not approve of the documentation submitted by the NSFR customer applying for the Stormwater Utility credit, the City will send a letter to the customer explaining why the credit application was not approved. If the customer reapplies, and the verification results in an approval of the application, the City will notify the customer of the credit amount and the date the credit will become effective.

The customer shall continue to conduct maintenance on the septic system at a minimum of every five years in order to qualify and receive the stormwater credit. Renewal of the Stormwater Utility credit shall be in accordance with the Basic Procedures section of this manual and the requirements listed above. A 25% credit is available for septic tank maintenance.

Reduced Imperviousness Parcel

The City desires to promote the reduction of impervious cover in the watersheds in Roswell and has developed this credit for NSFR customers who voluntarily choose to reduce the amount of existing impervious surface on their property. The removal of impervious surfaces from the NSFR property will result in a reduction of runoff and will therefore be classified as a Reduced – Imperviousness Parcel.

Credit Description

A credit shall apply to those NSFR customers who can prove that they have successfully removed impervious surfaces from their property and replaced the areas with a pervious area. Customers who can show that they have removed 10% of the existing impervious surfaces on their property shall qualify for this credit for a period of one year.

Upon receipt of the credit application, the City shall review the documentation and calculations. Upon verification, the stormwater credit will be applied, starting with the next billing cycle. If the City inspector does not approve of the customer’s application, the City will send a letter to the customer explaining why the credit application was not approved.

If the NSFR parcel meets all the requirements above, the customer would be eligible for a Stormwater Utility rate credit of 100% of the revised stormwater bill applicable for 1 year. Additionally, the NSFR customer will likely qualify for a permanent reduction in stormwater fees through the reduction in impervious surface area fees calculated for the parcel.

NOTE: All work associated with pursuit of a Stormwater Utility fee credit shall be done in strict accordance with the City’s current ordinances related to the management of stormwater runoff.

City of Norcross Additional Documents

City of Norcross Ordinance Code