Chapter 8.60 - Storm Water Management#

8.60.110 - Findings of fact.#

The city council adopts this chapter based upon the following findings:

1. The Federal Clean Water Act provides for the regulation and reduction of pollutants discharged into waters of the United States by extending National Pollutant Discharge Elimination System ("NPDES") requirements to storm water and urban runoff discharges into the city storm water conveyance system.

2. Storm water flows from individual properties to the municipal storm drain system and then ultimately discharges to waters of the United States.

3. The city has obtained permit coverage under the state of California's Waste Discharge Requirements for Small Municipal Separate Storm Sewer Systems (Order No. 2003-0005-DWQ) and the National Pollutants Discharge Elimination System General Permit No. CAS000004 under the Clean Water Act. Under the provisions of this permit, the city is required to possess the necessary legal authority to implement appropriate procedures to regulate the entry of pollutants and non-storm water discharges into the city's storm water conveyance system.

(Ord. No. 826B, § 1(8.60.01), 10-23-2007)

8.60.120 - Purpose.#

The purpose of this chapter is to ensure the health, safety and general welfare of citizens, and to protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act by reducing pollutants in storm water discharges to the maximum extent practicable and by prohibiting non-storm water discharges to the storm water conveyance system.

(Ord. No. 826B, § 1(8.60.02), 10-23-2007)

8.60.130 - Definitions.#

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Applicant" means a property owner or agent of a property owner who is developing or redeveloping a site that meets the criteria defined in this chapter.

"Best management practices" means activities, practices, and procedures that prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. Best management practices include, but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-storm water, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices and procedures and other such provisions as the city determines appropriate for the control of pollutants.

"Building" means any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.

"Channel" means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

"City" means the city of Lincoln.

"Dedication" means the deliberate appropriation of property by its owner for general public use.

"Detention" means the temporary storage of storm runoff in a storm water management practice with the goals of controlling peak discharge rates and providing gravity settling of pollutants.

"Detention facility" means a detention basin or alternative structure designed for the purpose of temporary storage of surface runoff and gradual release of stored water at controlled rates.

"Developer" shall be defined as a person who develops real estate, especially by preparing a site for residential or commercial use.

"Drainage easement" means a legal right granted by a landowner to a grantee allowing the use of private land for storm water management purposes.

"Erosion and sediment control plan" means a plan that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.

"Impervious surface" shall be defined as surfaces incapable of being infiltrated by water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).

"Industrial activity" means activities subject to NPDES industrial permits as defined in 40 CFR, Section 122.26(b)(14).

"Industrial storm water permit" means a National Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial storm water discharges or specifies on-site pollution control strategies.

"Infiltration" means the process of percolating storm water into the subsurface.

"Infiltration facility" shall be defined as any structure or device designed to infiltrate retained water to the subsurface. These facilities may be above grade or below grade.

"Jurisdictional wetland" means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

"Land disturbance activity" means any activity which removes existing vegetation or otherwise disturbs the surface of the land. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity which bares soil or rock.

"Landowner" shall be defined as the legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.

"Maintenance agreement" means a legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of storm water management practices.

"Maximum extent practicable (MEP)" means a technology-based standard established by Congress in the Clean Water Act Section 402(p)(3)(iii) for storm water discharge to apply to all small municipal separate storm sewer system (MS4) operators regulated under the NPDES program. MEP is generally the result of emphasizing pollution prevention and source control best management practices as the preferred method of preventing water pollution. The MEP approach is an ever-evolving, flexible and advancing concept, which considers technical and economic feasibility. As knowledge about controlling urban runoff continues to evolve, so does MEP.

"Municipal separate storm sewer system (MS4)" means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) owned by a state, county, city, town, or other public body, that is designed or used for collecting or conveying storm water, which is not a combined sewer, and which is not a part of a publicly owned treatment works.

"Non-storm water discharge" means any discharge to the storm drain system that is not composed entirely of storm water.

"Off-site facility" means a storm water management measure located outside the subject property boundary described in the permit application for land development activity.

"On-site facility" means a storm water management measure located within the subject property boundary described in the permit application for land development activity.

"Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid waste and yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects, articles, and accumulations, so that they may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including, but not limited to, sediments, slurries, and concrete waste); and noxious or offensive matter of any kind.

"Recharge" means the replenishment of underground water reserves.

"Redevelopment" means the construction, alteration or improvement which result in five acres or more of disturbed soil area and where existing land use is high-density commercial, industrial, institutional or multi-family residential.

"Retention basin" means an area to hold water from a small surrounding drainage area that would otherwise flow into other areas.

"Runoff reduction measure" means site design components that reduce the amount of storm water runoff by promoting infiltration or reducing or disconnecting impervious surfaces.

"Stop work order" means an order issued which requires that all construction activity on a site be stopped.

"Storm water" shall be defined as any surface flow, runoff, and drainage consisting entirely of water from precipitation events.

"Storm water management" means the use of structural or non-structural practices that are designed to reduce storm water runoff pollutant loads, discharge volumes, and/or peak flow discharge rates.

"Source control measure" is a measure that prevents pollutants from entering storm water to begin with.

"Treatment measure" means measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing or reducing point source or non-point source pollution inputs to storm water runoff and water bodies.

"Watercourse" shall be defined as a permanent or intermittent stream or other body of water, either natural or manmade, which gathers or carries surface water.

"Waters of the United States" shall be defined as surface watercourses and water bodies as defined at 40 CFR section 122.2, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons.

"Waters of the State" shall be defined as all surface watercourses and water bodies, including lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, marshes, inlets, canals, and all other bodies of surface waters (Porter Cologne Act, Water Code section 13050 (e)). This definition includes, but is broader than, Waters of the United States.

(Ord. No. 826B, § 1(8.60.03), 10-23-2007)

8.60.140 - Applicability.#

This chapter shall be applicable to all subdivision or site plan applications, unless eligible for an exemption or granted a waiver by the city of Lincoln. This chapter applies to developments that fall within the following categories:

1. Development on hillsides.

2. Commercial developments that result in of 100,000 square feet or more of impervious surface area.

3. Automotive repair shops.

4. Retail gasoline outlets.

5. Restaurants.

6. Residential subdivisions with ten or more housing units.

7. Parking lots of 5,000 square feet or more with 25 or more parking spaces and potentially exposed to storm water runoff.

The chapter may also apply to land development activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development that meets the applicability criteria. This chapter may also apply to redevelopment projects as deemed appropriate by the city of Lincoln.

(Ord. No. 826B, § 1(8.60.04), 10-23-2007)

8.60.150 - Compatibility with other permit and ordinance requirements.#

This chapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, stature, or other provision of law. The requirements of this chapter should be considered minimum requirements, and where any provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.

(Ord. No. 826B, § 1(8.60.05), 10-23-2007)

8.60.160 - Development of a storm water design manual.#

The city of Lincoln may furnish additional policy, criteria and information including specifications and standards, for the proper implementation of the requirements of this chapter and may provide such information in the form of a storm water design manual.

(Ord. No. 826B, § 1(8.60.06), 10-23-2007)

8.60.200 - Plan approval.#

No land owner or land operator shall receive approval of final improvement plans until the requirements of this article are met unless otherwise approved by the city.

(Ord. No. 826B, § 1(8.60.20), 10-23-2007)

8.60.210 - Application requirements.#

If this article applies to a specific development, the design standards required by this chapter must be incorporated into the development's improvements plans and those plans subjected to approval by the city.

The city may also require a post-construction maintenance plan that will ensure the long-term operation of any specific best management practice. The city may also require owners of privately-owned storm water best management practices devices to enter into a maintenance agreement or a deed covenant to ensure the long-term operation and maintenance of any such devices.

(Ord. No. 826B, § 1(8.60.21), 10-23-2007)

8.60.300 - Waivers for providing storm water management.#

The city may develop a waiver program for those projects where incorporation of all of or part of the required design standards specified in this chapter are not technically or economically feasible. If the waiver program is developed, an applicant may submit a written request to waive the requirements of this chapter, including evidence that compliance with the required design standards is not technically or economically feasible. All waivers must be submitted to the city for approval. The waiver program may require a fee-in-lieu of complying with the design standards required by this chapter. The amount required to be paid will be determined by the city by resolution. Any monetary contributions collected as part of a fee-in-lieu of waiver will be used to fund storm water management activities.

(Ord. No. 826B, § 1(8.60.30), 10-23-2007)

8.60.400 - Design standards.#

To prevent the adverse impacts of storm water runoff, the city will develop a set of performance standards that must be met at new development sites that fall within one of the applicable categories defined in Section 8.60.040.

Unless a development is determined by the city to be exempt or is granted a waiver, the following design standards shall be addressed for storm water management at all sites. When a site development plan is submitted that is a redevelopment project as defined in Section 8.60.030 of this chapter, decisions on permitting and on-site storm water requirements shall be determined by the city. This criterion is dependent on the amount of impervious area created by the redevelopment and its impact on water quality. Final authorization of all redevelopment projects will be determined after a review by the city.

1. A storm water management plan must be prepared and submitted for approval by the city that indicates how the design standards identified in this section will be complied with. The plan must illustrate sufficient engineering analysis to show that the proposed storm water management measures are capable of controlling runoff from the site in compliance with a method deemed acceptable by the city.

2. Post-development peak storm water runoff discharge rates shall not exceed the estimated pre-development rate for developments where the increased peak storm water discharge rate will result in increased potential for downstream erosion.§

3. All storm water runoff generated from new development which meets the stated criteria in section 8.60.140 may not discharge untreated storm water directly into a jurisdictional wetland or local water body without adequate treatment.§

4. All developments that meet the criteria of this chapter must be designed in a manner that minimizes, to the maximum extent practicable, the discharge of pollutants and non-storm water discharges.

5. All developments that meet the criteria of this chapter must consider both treatment control and source control measures as defined by this chapter. All developments must maximize infiltration and groundwater recharge to the maximum extent practicable.

6. Sites shall be designed in a manner that limits clearing and grading to the minimum amount needed to build lots, allow access, and provide fire protection.

7. Site layouts must be designed in a manner in which maximizes vegetation.

8. Treatment control selection and design must be approved by the city of Lincoln.

9. All treatment control measures must be designed per design criteria deemed acceptable by the city.

10. All storm water treatment facilities based on volume design shall be sized using the urban runoff quality management method (the 85th percentile capture ratio volume based treatment control sizing method) as set forth in the American Society of Civil Engineers (ASCE) Manuals and Report on Engineering Practice No. 87 or by another method approved by the city.

11. All outdoor waste management areas must be designed in a manner that minimizes the potential for pollutants and/or waste to come in contact with storm water runoff and minimizes the potential for polluted storm water discharges.

12. All outdoor material storage areas must be designed in a manner that minimizes the potential for pollutants to come in contact with storm water runoff and in a manner that minimizes the potential for polluted storm water discharges.

13. All new drain inlets must be stenciled with a brief statement that prohibits the discharge of improper materials to the storm drain conveyance system.§ All stencils must be approved by the city.

14. Commercial developments that will be 100,000 square feet or larger must design the loading and unloading dock areas, any repair and maintenance bays, and/or any vehicle/equipment wash areas in a manner that reduces the potential for pollutants to come into contact with storm water runoff and eliminates prohibited non-storm water discharges. Site layout is subject to approval by the city.

15. All restaurants must be designed to include equipment and accessory wash areas that have a self-contained grease trap that is connected to the sanitary sewer.§ If wash areas are located outdoors, it must be covered, paved, have secondary containment and be connected to the sanitary sewer. All sanitary sewer connections must be approved by the city.

16. All retail gas outlets, automotive repair shops, repair/maintenance bays and vehicle wash areas must be properly designed to prevent oil and grease, solvents, car battery acid, coolant, gasoline, soap, detergent, waste and any other pollutants from discharging into the storm drain conveyance system. Site design must be approved by the city.

17. Parking lots that will have more than 25 or more parking spaces must be designed in a manner that reduces impervious surface, minimizes the potential for polluted discharges and/non-storm water discharge, and must incorporate both treatment and runoff reduction measures to address pollutants of concern. Site design must be approved by the city.

18. The applicant must prepare an erosion and sediment control plan for all construction activities related to implementing any on-site storm water management practices.§

19. All applicants must submit a maintenance plan with the storm water management plan which must identify long-term maintenance and operation strategy that will ensure the continued effectiveness of any specific storm water treatment or source control measure. The maintenance plan is subject to approval by the city.

20. All storm water measures are subject to final inspection prior to issuance of certificate of occupancy.§

21. Upon the completion of construction, all storm water treatment facilities must be certified by a professional engineer.§

22. The city may require more stringent storm water management measures than those defined in this chapter.

23. The city may develop a runoff reduction credit system that may reduce the amount of storm water treatment required.

(Ord. No. 826B, § 1(8.60.40), 10-23-2007)

8.60.500 - Inspection program.#

The city may establish an inspection program that may include: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins; storm water treatment controls and sources controls. Inspections may include: reviewing maintenance and repair records; sampling discharges of surface water, groundwater, and/or material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other storm water control practices.

(Ord. No. 826B, § 1(8.60.50), 10-23-2007)

8.60.510 - Maintenance.#

The city may require any applicants subjected to the requirements of this chapter to enter into a maintenance agreement or deed covenant to ensure the long term adequacy and operation of any storm water control. All storm water controls must be maintained in accordance with the maintenance plan as required under section 8.60.400(19) of this chapter. The maintenance plan is subject to approval by the city.

(Ord. No. 826B, § 1(8.60.51), 10-23-2007)

8.60.520 - Right of entry for inspection.#

When any new drainage control facility is installed on private property, or when any new connection is made between private property and a public drainage control system, sanitary sewer or combined sewer, the city shall have the right to make an inspection on the property at all reasonable times and in a reasonable manner for such purpose. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this chapter.

(Ord. No. 826B, § 1(8.60.52), 10-23-2007)

8.60.530 - Records of installation and maintenance activities.#

Parties responsible for the operation and maintenance of a storm water management facility shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least ten years.§ These records shall be made available to the city of Lincoln during inspection of the facility and at other reasonable times upon request.

(Ord. No. 826B, § 1(8.60.53), 10-23-2007)

8.60.540 - Failure to maintain best management practices.#

The failure of a responsible party to comply with the requirements of the maintenance agreement or deed covenant is deemed to be a public nuisance, and subject to abatement

Chapter 8.60 - Storm Water Management#

8.60.600 - Violations.#

Any development activity that is commenced or is conducted contrary to this chapter shall be deemed to be a public nuisance may be restrained by injunction or otherwise abated in a manner provided by Chapter 8.08 of the Lincoln Municipal Code.

(Ord. No. 826B, § 1(8.60.60), 10-23-2007)

8.60.610 - Notice of violation.#

When the city determines that an activity is not being carried out in accordance with the requirements of this chapter, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:

1. The name and address of the owner or applicant;

2. The address when available or a description of the building, structure or land 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 development activity into compliance with this chapter and a time schedule for the completion of such remedial action;

5. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;

6. A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within 15 days of service of notice of violation.

(Ord. No. 826B, § 1(8.60.61), 10-23-2007)

8.60.620 - Stop work orders.#

Persons receiving a notice of violation will be required to halt all construction activities. This "stop work order" will be in effect until the city confirms that the development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.

(Ord. No. 826B, § 1(8.60.62), 10-23-2007)

8.60.630 - Civil and criminal penalties.#

In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this chapter shall be punished by a fine of not less than $500.00.§ Such person shall be guilty of a separate offense for each day during which the violation occurs or continues.

(Ord. No. 826B, § 1(8.60.63), 10-23-2007)

8.60.640 - Restoration of lands.#

Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the city may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

(Ord. No. 826B, § 1(8.60.64), 10-23-2007)

8.60.650 - Holds on issuance of certificates of occupancy.#

Certificates of occupancy will not be granted until corrections to all storm water practices have been made and accepted by the city of Lincoln.

(Ord. No. 826B, § 1(8.60.65), 10-23-2007)