Appendix B
MODEL POST-CONSTRUCTION STORM WATER MANAGEMENT ORDINANCE
Note to Users: The “Users” in this document are the municipalities that use this guidance in developing their ordinances. “Note to Users” appears in italics throughout these model ordinances and should not be included in the final ordinance. This model ordinance includes the use of brackets [ ] around phrases that are to be filled in by the municipality. For example, the phrase [administering authority] is frequently used. When the municipality chooses to have the ordinance administered by the City Engineer, the phrase [administering authority] should be replaced by ”City Engineer.” In a few places, the model ordinance includes phrases in brackets that are underlined [______]. In these cases, one of the underlined phrases should be selected verbatim. For example, if the phrase includes statutory citations, several underlined choices may be given such as [59.693, 60.627, 61.354, or 62.234]. A county would replace the phrase in brackets with “59.693,” since that is the appropriate citation for a county to use. Some sections and subsections are optional for users to include in the ordinance and will be identified as such in a “Note to Users.” An asterisk ( * ) denotes subsequent numbering and references to numbered sections or subsections that would be affected by exclusion of the optional text.
TABLE OF CONTENTS
Foreword
S. 01 Authority
S. 02 Findings of Fact
S. 03 Purpose and Intent
(1) Purpose
(2) Intent
S. 04 Applicability and Jurisdiction
(1) Applicability
(2) Jurisdiction
(3) Exclusions
S. 045 Subdivision and Numbering of This Ordinance; Word Usage
S. 05 Definitions
S. 055 Applicability of Maximum Extent Practicable
S. 06 Technical Standards
S. 07 Performance Standards
(1) Responsible Party
(2) Storm Water Management Plan
(3) Maintenance of Effort
(4) Requirements
(a) Total Suspended Solids
(b) Peak Discharge
(c) Infiltration
(d) Protective Areas
(e) Fueling and Maintenance Areas
(f)* Swale Treatment for Transportation Facilities
(5) General Consideration for Storm Water Management Measures
(6) BMP Location
(7) Additional Requirements
S. 08 Permitting Requirements, Procedures, and Fees
(1) Permit Required
(2) Permit Application and Fees
(3) Permit Application Review and Approval
(4) Permit Requirements
(5) Permit Conditions
(6) Permit Duration
S. 09 Storm Water Management Plan
(1) Storm Water Management Plan Requirements
(2) Alternate Requirements
S. 10 Maintenance Agreement
(1) Maintenance Agreement Required
(2) Agreement Provisions
S. 11 Financial Guarantee
(1) Establishment of the Guarantee
(2) Conditions for Release
S. 12 Fee Schedule
S. 13 Enforcement
S. 14 Appeals
(1) Board of Appeals or Adjustment
(2) Who May Appeal
S. 15 Severability
S. 16 Effective Date
Note to Users: An asterisk ( * ) denotes subsequent numbering and references to numbered sections or subsections that would be affected by exclusion of the optional text.
