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City of Winchester

Winchester Stormwater Laws & Regulations

The City of Winchester regulations are compliant with the Kentucky Pollutant Discharge Elimination System (KPDES) through municipal regulation Winchester Ordinance No. 14-2011. The city’s Municipal Separate Storm Sewer System (MS4) requires Winchester to administer and enforce compliance with stormwater discharge permits in an effort to decrease stormwater pollutants and increase overall water quality.

EXCERPT- Post Construction Ordinance, 2011

Section 14-354. General Provisions

B. Exemptions for Providing Stormwater Management

Post-construction stormwater management measures must be implemented at construction sites disturbing one or more acres of land or sites less than one acre that are from a common plan of development. The following activities may be exempt from the post-construction stormwater performance criteria in this ordinance:

1. Any logging and agricultural activity which is consistent with an approved soil conservation plan or a timber management plan prepared or approved by the City of Winchester, as applicable.

2. Additions or modifications to existing single family structures

3. Developments that do not disturb more than one (1) acre of land, provided they are not part of a larger common development plan;

4. Repairs to any stormwater treatment practice deemed necessary by City of Winchester;

5. Any emergency project that is immediately necessary for the protection of life, property or natural resources;

6. Linear construction projects, such as pipeline or utility line installation, that do not result in the installation of any impervious cover, as determined by the City of Winchester;

7. Any part of a land development that was approved by the City of Winchester prior to the effective date of this ordinance.

Section 14-356. Stormwater Management Measures

A. Stormwater Management Site Performance Criteria. Unless judged by the City of Winchester to be exempt or granted a waiver, the following performance criteria shall be addressed for stormwater management at all sites:

(A) All site designs shall establish stormwater management practices to control the peak flow rates of stormwater discharge and reduce the generation of stormwater runoff. These practices should seek to utilize pervious areas for stormwater treatment and to infiltrate stormwater runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas to the maximum extent practical.

(B) Stormwater management measures shall be required that are designed, built, and maintained to treat, filter, flocculate, infiltrate, screen, evapotranspire, harvest and reuse stormwater runoff in order to manage stormwater runoff quality and quantity.

(C) Structural and non-structural controls may be used to obtain permanent stormwater management over the life of the property’s use. Structural stormwater controls include, but are not limited to, grass swales, filter strips, infiltration basins, detention ponds, stormwater wetlands, natural filtration areas, sand filters, and rain gardens. Nonstructural BMPs include, but are not limited to, open spaces, vegetated conveyances and buffers, natural infiltration, and low impact development.

(D) Areas of development and re-development that result in new or expanded discharge to high quality waters (HQWs) shall follow the “Standards for Protection of HQWs” in Winchester’s Stormwater Manual in order to protect existing in-stream water uses and the level of water quality necessary to protect existing uses.

(E) Recommended BMP resources include EPAs National Menu of Stormwater Best Management Practices.

(F) Prepare and implement a Stormwater Pollution Prevention Plan (SWPPP) and file a Notice of Intent (NOI) under the provisions of the National Pollutant Discharge Elimination System (NPDES) general or individual permit. The SWPPP requirement applies to both existing and new development sites.

(G) Stormwater discharges from land uses or activities with higher potential pollutant loadings, known as “hotspots”, may require the use of specific structural Stormwater Treatment Practices (STPs) and pollution prevention practices.

(H) Stormwater design calculations shall follow the current Subdivision Regulations for Winchester/Clark County and incorporate the “Stormwater Runoff Quality Treatment Standard” accepted by the City of Winchester in Winchester’s Stormwater Manual.

B. Maintenance Agreements. All stormwater treatment practices shall have an enforceable Operation and Maintenance Agreement to ensure the system functions as designed. This agreement will include any and all maintenance easements required to access and inspect the stormwater treatment practices, and to perform routine maintenance as necessary to ensure proper functioning of the stormwater treatment practice. In addition, a legally binding covenant specifying the parties responsible for the proper maintenance of all stormwater treatment practices shall be secured prior to issuance of any permits for land disturbance activities.

Section 14-358. Enforcement

1. The City of Winchester shall be responsible for the enforcement of this Ordinance. Duly authorized representatives have the authority to issue notices of violation, citations and levy fines as described below.

2. A notice of violation (NOV) and/or citation may be posted for the entire project or any specified part thereof if any of the following conditions exist:

Structural and/or non-structural BMPs are not being installed or maintained per manufacturer’s specifications and/or City of Winchester.
Construction is not in compliance with the approved Stormwater Management Plan.
Any of the conditions of this article are not being met.

4. NOVs are the first level of enforcement and do not include a penalty, or fine. Only one NOV will be issued for an offense before citations are utilized. An offense of the same nature as a previous offense, even if previously corrected under a NOV, will constitute a second offense to be enforced through a citation. Offenses enforced through a NOV must be corrected within five (5) calendar days of the date of issuance or a citation will be issued.

5. Citations shall include a penalty, or fine, for each occurrence and payable to the Issuing Authority prior to release.

a. First Citation = $1,000.00 fine.

b. Second Citation = $2,000.00 fine and Notice of Intent letter.