Chapter 13.20
POST-CONSTRUCTION STORM WATER MANAGEMENT

Sections:

13.20.010    Applicability.

13.20.020    Plan submittal.

13.20.030    Maintenance and repair.

13.20.040    Standards.

13.20.050    Inspections.

13.20.010 Applicability.

This chapter applies to new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, and discharge storm water to that portion of the MS4 located within the Fairbanks urbanized area, unless explicitly exempted by an authorized enforcement agency. (Ord. 2009-27 § 5, 2009. 2004 Code § 21.50.010.)

13.20.020 Plan submittal.

A. A permanent storm water control plan (PSWCP) for each project subject to the provisions of this chapter shall be submitted and accepted by the department prior to issuance of a site development permit.

B. The PSWCP must be developed by a certified professional in erosion and sediment control or a professional engineer registered and licensed in the state of Alaska and shall include the following items as set forth in the standards of this chapter:

1. The name and contact information of the site owner;

2. Project site plan;

3. BMP selection narrative;

4. BMP sizing and design information; and

5. BMP operation and maintenance schedule.

C. Payment of the plan review fee must accompany each PSWCP submittal.

D. The department shall conduct a review of the PSWCP and accept the PSWCP, accept the PSWCP with conditions, or reject the PSWCP in writing based on its conformance with the standards set forth in this chapter.

E. Any applicant may petition the department for reconsideration of a decision regarding a PSWCP submittal within 30 days of the decision. Any such reconsideration request must be accompanied by the original submittal documents and the specific reason for requesting reconsideration. The department will notify the applicant within seven days if reconsideration of the decision is granted. Reconsideration decisions are final decisions appealable to the superior court in accordance with the rules of appellate procedure.

F. No person shall commence with construction of a project regulated by this chapter without an accepted PSWCP. (Ord. 2009-27 § 5, 2009. 2004 Code § 21.50.020.)

13.20.030 Maintenance and repair.

A. No person or entity shall occupy, utilize, or operate a constructed facility or site until the owner has submitted an as-built plan and executed a maintenance agreement in accordance with this section.

B. The owner of a project subject to the provisions of this chapter shall submit an as-built plan and a certification prepared by a certified professional in erosion and sediment control or a registered professional engineer that all permanent storm water controls have been installed in accordance with the PSWCP or approving any changes or modifications to the PSWCP.

C. The owner shall execute a maintenance agreement to be recorded and binding upon all subsequent owners of the property. Maintenance agreements shall specify:

1. The persons responsible for the maintenance of permanent storm water controls. A homeowner’s association may be designated; provided, that provisions for financing necessary maintenance are included in deed restrictions or other contractual agreements.

2. That the persons responsible shall maintain permanent storm water controls in accordance with the PSWCP, and will correct any deficiencies in the system including repair or replacement of the controls if needed.

3. That the department is authorized to enter the property at reasonable times to conduct on-site inspections of the controls. (Ord. 2009-27 § 5, 2009. 2004 Code § 21.50.030.)

13.20.040 Standards.

The specifications and standards set forth in the following document will be used to execute the provisions of this chapter:

A. FNSB BMP Design Guide. This document includes a description of the required PSWCP contents, local design considerations, and best management practices found effective for the Fairbanks urbanized area. The most recently issued guide shall be used.

B. Additional standards may be adopted by the department as necessary to ensure runoff and associated storm water impacts from the development will be controlled and managed. (Ord. 2009-27 § 5, 2009. 2004 Code § 21.50.040.)

13.20.050 Inspections.

A. The department may inspect each project site as necessary to complete review of a PSWCP submittal or maintenance agreement.

B. Access to a project site for inspection shall not be denied. A PSWCP or maintenance agreement will be rejected if an inspection deemed necessary by the department cannot be conducted. (Ord. 2009-27 § 5, 2009. 2004 Code § 21.50.050.)