The City of Lafayette has enacted a Stormwater Ordinance in order to provide for the health, safety, and general welfare of the citizens of the City of Lafayette through the regulation of stormwater and non-stormwater discharges to the storm drainage system; to enhance economic objectives; and to protect, conserve and promote the orderly development of land and water resources within City of Lafayette. The City of Lafayette 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 Lafayette will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. Stormwater User fees will be calculated and collected by the City of Lafayette. The City of Lafayette, 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 Lafayette has the authority to inspect stormwater facilities and practices in order to ascertain that they properly maintained and functioning.
The fee is based on the average impervious surface for the average residential parcel size, or an Equivalent Residential Unit (ERU). One ERU equals 3,200 square feet.
Long term inspection of stormwater quantity facilities shall be the responsibility of the City of Lafayette. All public and privately owned stormwater quantity facilities will be inspected no less than once each year. The inspection will cover physical conditions, available storage capacity and the operational condition of key facility elements. Stormwater quantity facilities shall be maintained in good condition, in accordance with the terms and conditions of the approved stormwater management permit, and shall not be subsequently altered, revised or replaced except in accordance with the approved stormwater permit, or in accordance with approved amendments or revisions to the permit. If deficiencies are found during the inspection, the owner of the facility will be required to take all necessary measures to correct such deficiencies within one hundred eighty (180) days. If the owner fails to correct the deficiencies within the allowed time period, the City of Lafayette may undertake the work and collect the cost thereof, including court costs and attorney fees, from the owner using lien rights if necessary.
Assignment of responsibility for maintaining facilities serving more than one lot or holding shall be documented by appropriate covenants to property deeds, unless responsibility is formally accepted by a public body, and determined before the final stormwater permit is approved. Stormwater detention/retention basins may be donated to City of Lafayette or other unit of government designated by the City of Lafayette, for ownership and permanent maintenance providing City of Lafayette or the other governmental unit is willing to accept responsibility therefore.
The stormwater pollution prevention plan, which is to be submitted to the City of Lafayette as part of the stormwater management permit application, must include post-construction stormwater quality measures. These measures are incorporated as a permanent feature into the site plan and are left in place following completion of construction activities to continuously filter stormwater runoff from the stabilized site. Any project located within the City of Lafayette that includes clearing, grading, excavation, and other land disturbing activities, resulting in the disturbance of 1 acre or more of total land area, is subject to the requirements of this Article. This includes both new development and re-development, and disturbances of less than one (1) acre of land that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb one (1) or more acres of land, within the MS4 area.
It is recognized that developed areas, as compared to undeveloped areas, generally have increased imperviousness, decreased infiltration rates, increased runoff rates, and increased concentrations of pollutants such as fertilizers, herbicides, greases, oil, salts and other pollutants. As new development and re-development continues in the City of Lafayette measures must be taken to intercept and filter pollutants from stormwater runoff prior to reaching regional creeks, streams, and rivers in order to preserve fishable and swimmable conditions. Through the use of Best Management Practices (BMP), stormwater runoff will be filtered and harmful amounts of sediment, nutrients and contaminants will be removed. The project site owner must submit to the City of Lafayette, a Storm Water Pollution Prevention Plan (SWPPP) that would show placement of appropriate BMP(s) from a pre-approved list of BMPs specified in the Indiana Stormwater Quality Manual or the Technical Standards. The noted BMPs must be designed, constructed, and maintained according to guidelines provided or referenced in the Indiana Stormwater Quality Manual or the Technical Standards. Practices other than those specified in the pre-approved list may be utilized. However, the burden of proof, as to whether the performance and ease of maintenance of such practices will be according to guidelines provided in the Indiana Stormwater Quality Manual or the Technical Standards, would be placed with the applicant. Details regarding the procedures and criteria for consideration of approval of such BMPs are provided in the Technical Standards.
Following project completion, the owner is responsible for inspection and maintenance of the stormwater quality facilities. The city of Lafayette has the authority to conduct inspections following project completion to ensure full compliance with the provisions of this Code. Noted deficiencies and recommended corrective action will be included in an inspection report. If deficiencies are found during the inspection, the owner of the stormwater quality facility will be notified by the city of Lafayette and will be required to take all necessary measures to correct such deficiencies. If the owner fails to correct the deficiencies within the allowed time period, as specified in the notification letter, the city of Lafayette will undertake the work and collect from the owner using lien rights if necessary.
Any person found in violation of any provision of this Code shall be responsible for a civil infraction and subject to a fine of not less than $500 for a first offense, and not less than $1,000 for a subsequent offense, plus damages, expenses, and costs as may be imposed in the discretion of the court. Each day such violation occurs or continues shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day. The rights and remedies provided for in this section are cumulative and in addition to any other remedies provided by law. An admission or determination of responsibility shall not exempt the offender from compliance with the requirements of this Code.
Any person who aids or abets a person in a violation of this Code shall be subject to the penalties provided in this section.
For purposes of this section, "subsequent offense" means a violation of the provisions of this Code committed by the same person within 12 months of a previous violation of the same provision of this Code for which said person admitted responsibility or was adjudicated to be responsible.
Nothing herein contained shall prevent the City of Lafayette from taking such other lawful action as may be necessary to prevent or remedy any violation. All costs connected therewith shall accrue to the person or persons responsible. Costs include, but are not limited to, repairs to the storm drain system made necessary by the violation, as well as those penalties levied by the EPA or IDEM for violation of the City of Lafayette’s NPDES permit, attorney fees, and other costs and expenses.