The City of Peoria has enacted Ordinances in order to comply with state and federal environmental regulations. The City of Peoria 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 Peoria will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Peoria, 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 Peoria has the authority to inspect stormwater facilities and practices in order to ascertain that they properly maintained and functioning.
Emergency repairs.
The owner of any dwelling wherein the sewer or drainage system is damaged, decayed or in a state of disrepair to such extent as to create a clear and present danger of injury or damage to adjacent property, or to any person who might be in or about the premises, may be ordered to repair the sewer or drain, as the case may be, within 24 hours after due notice is served upon the owner or occupant of the premises, in person or by certified mail, return receipt requested. If the danger persists and the owner has not repaired the defect at the expiration of 24 hours, the director is hereby authorized, with approval of the city manager, to repair the sewer or drain, as the case may be, forthwith, at the expense of the city and recoverable by civil action against the owner, his successors and assigns. Repairs made pursuant to this section, upon filing a notice of lien with the recorder of deeds of the county, shall constitute a lien in favor of the city against the premises on which the repairs were made.
Discharge of sewage into stormwater sewers.
No person shall discharge or cause to be discharged any sewage or industrial wastewater into any connection with any sewer or drain designated by the director, for the exclusive conveyance of stormwater.
Obstructions and deleterious substances.
No person shall stop or obstruct the free flow and passage of water in any street, gutter, public sewer, culvert, natural drainageway, water pipe or hydrant; nor shall any person introduce into any sewer or drainage system any substance which will cause substantial deterioration of the system.
Maintenance.
Anyone owning property with a permanent stormwater control measure existing thereon and installed pursuant to this chapter shall maintain the control measure so that it functions in compliance with the standards.
Standards for design and maintenance of control measures for soil erosion, sediment and stormwater.
(b) Permanent stormwater control measures. All stormwater controls shall be designed so that the peak discharge rate from the permitted area resulting from the two-year and 25-year frequency storm events for the post-project condition do not exceed the corresponding storm event peak discharges for the pre-project condition or a cropland equivalent, for straight row crops with crop residue greater than 20 percent and good hydrologic condition, whichever is less.
Stream buffer requirements.
Purpose.
The purpose of this part is to establish minimal acceptable requirements for the design of buffers to protect property adjacent to streams and floodways; to protect the water quality of watercourses, reservoirs, lakes, wetlands, and other significant water resources; to protect riparian and aquatic ecosystems; and to provide for the environmentally sound use of land resources, all within the City Peoria and its one and one-half mile jurisdiction.
Buffer management and maintenance.
1. The stream buffer, including wetlands and floodways, shall be managed to enhance and maximize the unique value of these resources. Management includes specific limitations on alteration of the natural conditions of these resources. The following practices and activities are restricted within the stream buffer located on privately owned property, except with approval by the director of planning and growth management.
a. Clearing of existing native vegetation;
b. Soil disturbance by grading, stripping, or other practices;
c. Filling or dumping, or private drainage of sump pumps;
d. Drainage by ditching, underdrains, or other systems;
e. Use, storage, or application of pesticides, except for the spot spraying of noxious weeds or non-native species consistent with recommendations of the director of planning and growth management.
f. Storage or operation of motorized vehicles, except for maintenance or emergency use, approved by the director of planning and growth management.
2. The following structures, practices, and activities are permitted in the stream buffer located on privately owned property, with specific design and/or maintenance features, subject to the approval of the director of planning and growth management:
a. Flood control structures;
b. Utility rights-of-way and facilities;
c. Biking and hiking paths;
d. Road crossings. Where permitted shall be generally perpendicular to the channel. The minimum number of road crossings should be used within each subdivision. An analysis needs to be conducted to ensure that no economically feasible alternative is available;
e. Stormwater management facilities as approved by the public works department;
f. Recreational and park uses as approved by director of planning and growth management;
g. Selective tree and vegetation clearing as approved by the director of planning and growth management;
h. Sanitary sewers constructed towards the outside edge (greatest distance from the channel) to the extent practical.
i. Gravity flow drainage systems.
The director of public works must approve these practices and activities within City of Peoria rights-of-way. Appeals of the director's review shall require the developer to submit a plan through the standard planning commission and city council approval process.
4. In order to ensure long-term maintenance and inspection access, those areas within the buffer, if not otherwise publicly owned, must be granted to the City of Peoria as a permanent drainage, conservation, and maintenance easement and depicted on all plats of survey and development plans. Such easements shall contain the following protective development covenant and deed restriction:
"All stream buffer areas shall be maintained through a declaration of protective covenant that has been approved and executed by the director of planning and growth management. The covenant shall be recorded at the Peoria County Recorder of Deeds and shall run with the land and continue in perpetuity."
5. All lease agreements must contain a notation regarding the presence and location of protective covenants for stream buffer areas and information on the management and maintenance requirements for the stream buffer for the new property owner.
6. An offer of dedication of a stream buffer area to the City of Peoria shall not be interpreted to mean that this automatically conveys to the general public the right of access to this area.
7. The City of Peoria shall periodically inspect the stream buffer for evidence of sediment deposition, erosion, or concentrated flow channels and cause the responsible entity to take corrective actions to ensure the integrity and functions of the stream buffer.
8. Stream buffer areas may be allowed to grow into their vegetative target state naturally, but methods to enhance the succession may be required when deemed necessary by the public works department to ensure the preservation and propagation of the buffer area. Buffer areas may also be enhanced through reforestation or other growth techniques as a form of mitigation for achieving buffer preservation requirements.
9. If not left in its natural state, replanting of the buffer with deep-rooted plantings from quality nursery stock shall be allowed.
10. Structure, practices, and activities must meet good stormwater management engineering practices and the intent of this part.
11. Developers of subdivisions with lots adjacent to stream buffer areas platted as outlots and/or dedicated to the City of Peoria or Peoria Park District may request a waiver of rear yard setback requirements. Any waiver shall be directed to the discretion of the director of planning and growth management department.
Enforcement procedures.
1. The City of Peoria is authorized and empowered to enforce the requirements of this part in accordance with the procedures of this section.
2. If, upon inspection or investigation, the director of planning and growth management or his/her designee is of the opinion that any person or entity has violated any provision of this part, he/she shall with reasonable promptness issue a correction notice to the person. Each such notice shall be in writing and shall describe the nature of the violation, including a reference to the provision within this part, which has been violated. In addition, the notice shall set a reasonable time for the abatement and correction of the violation.
3. If it is determined that the violation(s) continue after the time fixed for abatement and correction has expired, the director of planning and growth management shall issue a citation by certified mail to the person or entity who is in violation. Each such notice shall be in writing and shall describe the nature of the violation, including a reference to the provision within this part which has been violated, and what penalty, if any, is proposed to be assessed. The person or entity charged has 30 days within which to contest the citation or proposed assessment of penalty and to file a request for a hearing with the director or his designee. At the conclusion of this hearing, the director or his designee will issue a final order, subject to appeal to the Circuit Court of Peoria County. If, within 30 days from the receipt of the citation issued by the director, the person or entity fails to contest the citation or proposed assessment of penalty, the citation or proposed assessment of penalty shall be deemed the final order of the director.
4. Any person or entity who violates any provision of this part may be liable for any cost or expenses incurred as a result thereof by the City of Peoria.
5. Penalties, which may be assessed for those deemed to be in violation, may include:
a. A civil penalty not to exceed $1,000.00 for each violation with each day's continuance considered a separate violation;
b. A criminal penalty in the form of a fine of not more than $1,000.00 for each violation or imprisonment for not more than 90 days, or both. Every day that such violation(s) shall continue will be considered a separate violation;
c. Anyone who knowingly makes any false statements in any application, record, plat, or plan required by this part shall upon conviction be punished by a fine of not more than $1,000.00 for each violation or imprisonment for not more than 30 days, or both.
6. In addition to any other sanctions listed in this part, a person or entity who fails to comply with the provisions of this buffer part shall be liable to the City of Peoria in a civil action for damages in an amount equal to twice the cost of restoring the buffer. Damages that are recovered in accordance with this action shall be used for the restoration of buffer systems or for the administration of programs for the protection and restoration of water quality, streams, wetlands, and floodways.