Under the regulations governing the NPDES Storm Water Phase II program, the City of Clarksville has developed and implemented a post-construction stormwater quality program. The City’s stormwater quality program has been developed with input from stakeholders’ groups and after investigating other stormwater quality programs. Section 14 of the City’s Storm Water Management Ordinance contains language requiring storm water quality plans. This chapter provides design criteria and information for stormwater quality best management practices, or BMPs, to be included in stormwater quality plans.
The Phase II Storm Water permit requires the City to adopt a post-construction runoff control program, specifically addressing storm water quality after construction has been completed. Stormwater maintenance and inspections are very important for land owners to understand so they can ensure their properties are compliant with the provisions set forth in the stormwater ordinance. More than 80 communities in Tennessee have been required to comply with the same regulations.
(1) Illicit discharges. Except as otherwise provided in this section, all non-storm water discharges into public or private storm water drainage systems are prohibited.
(2) Allowable discharges. Unless identified by the director of streets as a source of pollution, the following non-storm water discharges into public or private storm water drainage systems are permitted:
a. Water line flushing;
b. Landscape irrigation;
c. Diverted stream flows permitted by the state;
d. Rising ground waters;
e. Uncontaminated ground water infiltration as defined at 40 CFR 35.2005(20);
f. Uncontaminated pumped ground water;
g. Discharges from potable water sources;
h. Foundation drains;
i. Air conditioning condensate;
j. Irrigation water;
k. Springs;
l. Water from crawl space pumps;
m. Footing drains;
n. Lawn watering;
o. Individual residential car washing;
p. Flows from riparian habitats and wetlands;
q. Dechlorinated swimming pool discharges;
r. Street wash waters resulting from normal street cleaning operations;
s. Discharges or flows from emergency fire fighting activities;
t. Discharges pursuant to a valid and effective NPDES permit issued by the state; and
u. Other discharges as determined by the director of streets and documented in the Storm Water Management Manual.
(3) Illegal dumping. It shall be illegal for any person to intentionally dump liquids or solids that are considered priority pollutants by the EPA on the ground where there is potential exposure to rain or storm water runoff and potential for the pollutant to reach a public or private storm water drainage system.
(4) Compliance. In order to insure compliance, the director of Streets may notify the gas and water department who shall deny utility services for any property that does not conform with this chapter and the Storm Water Management Manual. The director of streets shall also have the authority to stop or prevent illicit discharges into its system by blocking the discharge, assessing penalties as defined in section 12-330, or other means, as appropriate.
(5) Implementation. The director of streets shall have authority to implement the prevention of non-storm water discharges by appropriate regulations. Such regulations may include but are not limited to provisions for inspection of points of origin of known or suspected non-permitted discharges.
To assist in the design and evaluation of storm water drainage systems and components in the city, a Storm Water Management Manual shall be promulgated by the director of streets. The manual shall be adopted by reference upon passage of this chapter, and subsequent changes to the manual shall be adopted by the street committee prior to implementation and enforcement of its provisions.
The manual shall describe design procedures, outline submittal standards, and establish minimum requirements for the hydrologic and hydraulic analysis and design of storm water drainage systems. The manual shall also describe the design procedures and minimum requirements for the design of storm water quality plans, including water quality buffers. The manual may address any and all other storm water management issues that are deemed necessary by the director of streets to meet the intent of this chapter. The director of streets may approve engineering procedures not contained in the manual if it is demonstrated by the designer that the procedures produce a similar or superior result to those recommended in the manual.
Sec. 12-311. - Storm water master plans.
(1) The director of streets shall have the authority to prepare, or have prepared, storm water master plans for drainage basins. For those areas that have been or will be selected for master planning, storm water master plans shall serve to guide development as it affects the quantity and quality of storm water runoff from the contributing drainage area. The director of streets shall require that all development within a watershed for which a master plan exists follow the general and specific recommendations in the master plan or the terms of this chapter, whichever is more stringent.
(2) The director of streets shall have the authority to approve and adopt drainage studies that define floodway and floodplain boundaries and associated elevations where such studies are based on best available data. Upon adoption, the drainage studies may be used by the director as the basis for determining compliance with this chapter and the Storm Water Management Manual.
Sec. 12-312. - Storm water concept plans.
(1) For all development activities for which a grading permit is required, the director of streets is hereby authorized and directed to require a storm water concept plan prior to submission of construction plans for the development, or any portion thereof.
(2) The director of streets shall develop written technical requirements and review procedures for storm water concept plans. At a minimum, such plans shall be consistent with the storm water master plan if available for the area in question and shall contain a plan view of the existing and proposed storm water drainage systems on the site.
(3) The director of streets shall review the storm water concept plan with the designer within five (5) working days of receipt where it will either be approved, approved with changes, or rejected. If rejected, changes, additional analysis, or other information needed to approve the next submittal of the concept plan shall be identified.
Sec. 12-313. - Grading, drainage and erosion control plans.
(1) For all development activities for which a grading permit is required, the director of streets is hereby authorized and directed to require a grading, drainage and erosion control plan. The grading, drainage and erosion control plan must be submitted to the director of streets and approved by same prior to commencement of land disturbing activities.
(2) The grading, drainage and erosion control plan shall be submitted as a hard copy and as a digital copy, in accordance with the standards set forth in the Clarksville Storm Water Management Manual.
(3) The director of streets shall develop written technical requirements and review procedures for grading, drainage and erosion control plans. At a minimum, such plans shall be consistent with the storm water master plan if available for the area in question and shall contain details of storm water drainage systems and erosion control methods.
(4) Within fifteen (15) working days from and after the receipt of the grading, drainage and erosion control plan, the director of streets shall issue a decision approving, rejecting or conditionally approving the plan with modification.
(5) A grading permit shall be issued to the applicant by the director of streets upon approval of the grading, drainage, and erosion control plan. Terms and conditions of the grading permit shall be developed and documented in the Storm Water Management Manual.
Sec. 12-314. - Storm water quality plans.
(1) For all new development and redevelopment activities for which a storm water quality permit is required, the director of streets is hereby authorized and directed to require a storm water quality plan. The storm water quality plan must be submitted to the director of streets and approved by the same prior to commencement of land disturbing activities.
(2) The storm water quality plan shall be submitted as a hard copy and as a digital copy, in accordance with the standards set forth in the Clarksville Storm Water Management Manual.
(3) The director of streets shall develop written technical requirements and review procedures for storm water quality plans. The plans shall contain details of storm water quality best management practices (BMP), both structural and non-structural.
(4) Prior to issuing a storm water quality permit, the developer shall identify the point of contact for storm water quality control issues for the permitted site.
(5) Within fifteen (15) working days from and after the receipt of the storm water quality plan, the director of streets shall issue a decision approving, rejecting or conditionally approving the plan with modification.
(6) Final approval of the storm water quality plan shall be contingent upon an adequately executed BMP Operation and Maintenance Agreement with the city, if required.
(7) A storm water quality permit will be issued to the applicant by the director of streets upon approval of the storm water quality plan. Terms and conditions of the storm water quality permit shall be developed and documented in the Storm Water Management Manual.
(8) Violations of the approved storm water quality plan constitutes a violation of this chapter.
Sec. 12-315. - Water quality buffers.
(1) Water quality buffers shall be maintained for all new development and redevelopment activities for which a storm water quality permit is required, in accordance with the Storm Water Management Manual. Modification, removal or disturbances of water quality buffers constitutes a violation of this chapter.
(2) The limits of water quality buffers must be flagged or otherwise marked prior to beginning any land disturbing activities at a site.
(3) Prior to final grading permit inspection, water quality buffers shall be marked in the field with appropriate permanent signage. The city shall specify the language to be included on the signage in the Storm Water Management Manual.
(4) The storm water board of appeals may approve variances from the water quality buffer requirements set forth in this chapter and in the Storm Water Management Manual.
Sec. 12-316. - Permit requirements.
(1) A certificate of occupancy shall not be issued by the building department without written certification from the director of streets that construction is exempted from, or in compliance with, the terms of this chapter and the Storm Water Management Manual.
(2) In order to insure compliance, the director of streets may notify the gas and water department who shall deny utility services for any property that does not conform with this chapter and the Storm Water Management Manual.
(3) In addition to the plans and permits required by the City, applicants shall obtain all applicable, state and federal permits. A copy of all permit applications submitted to state and federal agencies shall be submitted to the director of streets for public record. Within ten (10) working days of the receipt of a state or federal permit, a copy of the permit must be submitted to the director of streets.
Sec. 12-317. - Fees.
A schedule of fees for plans review and inspections or other pertinent fees associated with this chapter or the Storm Water Management Manual may be developed by the director of streets and submitted to the city council for approval by resolution.
Sec. 12-321. - Maintenance of pre-existing private storm water drainage systems.
(1) All private storm water drainage systems in existence in the city on the effective date of this chapter shall be maintained by the owner(s) thereof in such a manner as to maintain and enhance the public health, safety and general welfare, in a manner to be assured that such systems are safe and will not result in injury or harm to persons or property, to reduce and minimize damage to public and private property, to reduce and minimize the impact of such systems on land and stream channel erosion, to assist in the attainment and maintenance of water quality standards, to reduce local flooding, and to maintain, as nearly as possible, the pre-developed runoff characteristics of the area. All maintenance of such systems shall be at the sole cost and expense of owner(s) thereof.
(2) It shall be unlawful for the owner of any property upon which a pre-existing private storm water drainage system is located, to fail to maintain such system in a manner that the system creates a danger to the public health, safety and general welfare.
(3) The director of streets may take all legal actions necessary to correct any dangers to the public health, safety or general welfare including actions that are necessary to remove from the property such objectionable conditions constituting the danger and is hereby authorized to charge the cost and expense thereof to the owner(s) or the person(s) in possession in accordance with section 12-324.
(4) The director of streets may accept, at his/her sole discretion, any pre-existing storm water drainage system for city maintenance, provided the system meets the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance by the city.
Sec. 12-322. - Maintenance of new private storm water drainage systems.
(1) A proposed inspection and maintenance agreement shall be submitted to the director of streets for all new private storm water drainage systems prior to approval of the grading, drainage, and erosion control plan. Such agreement shall be in a form and content acceptable to the director of streets and shall be the responsibility of the private owner.
(2) Failure to maintain private storm water drainage systems in accordance with the terms of the inspection and maintenance agreement shall constitute a violation of this chapter.
(3) The inspection and maintenance agreement shall provide that if the condition of the drainage system presents a danger to the public health, safety or general welfare because of unsafe conditions or improper maintenance, the city shall have the right, but not the duty, to take such action as may be necessary to protect the public and make the drainage system safe. The owner as set forth in section 12-324 shall pay the cost incurred by the city.
(4) The agreement shall be recorded by the owner in the Montgomery County Register of Deeds prior to final inspection and approval by the street department.
(5) In lieu of an inspection and maintenance agreement, the director of streets may accept, at his/her sole discretion, dedication of any new storm water drainage system for city maintenance, provided the system meets the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance by the city.
Sec. 12-323. - Ownership, inspection, and maintenance of structural storm water quality best management practices.
(1) It shall be a violation of this chapter to alter, modify, or remove any storm water quality BMPs without prior approval from the director of streets.
(2) All storm water best management practices shall be located in permanent easements with permanent signage placed in or near the facility. The city shall specify the language to be included on the signage in the Storm Water Management Manual.
(3) An operation and maintenance agreement shall be submitted to the director of streets for all new storm water quality BMPs prior to approval of the storm water quality permit. Such agreement shall be in a form and content acceptable to the director of streets.
(4) For structural BMPs receiving public water, the city will assume maintenance responsibility. Storm water quality BMPs shall be employed up gradient from the structural BMP, and maintenance of the water quality BMPs located on private property and not receiving public water will be the responsibility of the landowner or developer, in accordance with the BMP Operation and Maintenance Agreement.
(5)
The city will perform major maintenance on structural storm water quality BMPs located within residential subdivisions. Minor maintenance will be performed by the landowner or homeowners' association, in accordance with the operation and maintenance agreement included with the storm water quality plan.
(6) For structural BMPs located in non-residential subdivisions, the landowner shall be responsible for maintaining the BMP in accordance with the operation and maintenance agreement filed with the city. However, the city shall retain the right to enter the property to inspect the BMP to ensure that it is being properly maintained. Upon finding a BMP in need of maintenance, the city shall take the following action:
a. Contact the owner in writing, describing maintenance needs and outlining a timeframe for completion of maintenance activities. Failure to meet the maintenance requirements set forth in the letter may constitute a violation of this chapter, and the BMP owner may be subject to legal action as outlined in section 12-330.
(7) The operation and maintenance agreement shall provide that if the condition of the drainage system presents a danger to the public health, safety or general welfare because of unsafe conditions or improper maintenance, the city shall have the right, but not the duty, to take such action as may be necessary to protect the public and make the drainage system safe. The owner as set forth in section 12-324 shall pay the cost incurred by the city.
(8) The city will not assume maintenance of any BMP until an as-built inspection certifies that the BMP has been constructed as per the approved plan.
City of Clarksville Stormwater Webpage