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City of Davenport, IA
Scott County
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[Prior Ordinance History: Ord. 2007-167, 2013-335.]
[Ord. 2018-260]
The purpose of this chapter is to regulate and control the erosion of soil and other debris, including but not limited to Discharge prohibitions as noted in Section 13.36.060, from any development or redevelopment and sets forth the procedures required to prevent erosion and provides recourse for affected parties, so as to care and protect the quality of our soil and water resources and to promote and preserve the rights, privileges, property, safety, health and well-being of the public.
[Ord. 2018-260]
A. 
The U.S. EPA's National Pollutant Discharge Elimination System ("NPDES") permit program (program) administered by the Iowa Department of Natural Resources ("IDNR") requires that cities meeting certain demographic and environmental impact criteria obtain from the IDNR an NPDES permit for the discharge of storm water from a municipal separate storm sewer system (MS4) (MRS permit). The City of Davenport (City) is subject to the program and is required to obtain, and has obtained, an MS4 permit; the City's MS4 permit is on file at the office of the City Clerk and is available for public inspection during regular office hours.
B. 
The program requires certain individuals engaged in construction activities (applicant or applicants) to submit an application to the IDNR for a state NPDES General Permit #2. Notwithstanding any provision of this chapter, every applicant bears final and complete responsibility for compliance with a state NPDES General Permit #2 and any other requirement of state or federal law or administrative rule.
C. 
As a condition of the City's MS4 permit, the City is obliged to undertake responsibility for administration and enforcement of the program by adopting a CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL (COSESCO) ORDINANCE designed to achieve the following objectives:
1. 
Any person, firm, sole proprietorship, partnership, corporation, state agency or political subdivision ("applicant") required by law or administrative rule to obtain coverage under the IDNR for a state NPDES General Permit #2 shall also be required to obtain from the City a COSESCO permit in addition to and not in lieu of the state NPDES General Permit #2.
2. 
The City shall have responsibility for periodic compliance inspections, monitoring and enforcement procedures to promote applicants' compliance with state NPDES General Permits #2 and COSESCO permits.
D. 
No state or federal funds have been made available to assist the City in administering and enforcing the program. Accordingly, the City shall fund its application, inspection, monitoring and enforcement responsibilities entirely by fees imposed as adopted by resolution of the City Council.
E. 
Terms used in this chapter shall have the meanings specified in the program.
[Ord. 2018-260]
When used in this chapter, the following words and phrases shall have the meanings as defined in this section.
A. 
ACCESS or SITE ACCESS – Means any physical entry to a construction site or fill site and shall include any means of entry by pedestrian or vehicle.
B. 
CONSTRUCTION – Means any improvement to a structure including additions or new buildings and retaining walls or landscape, resulting in an improvement of a property within an existing subdivision.
C. 
DEVELOPMENT – Means the improvement of land from its natural state and providing for future construction and includes the installation of a subdivision and related utilities and public improvements.
D. 
DEBRIS – Means concrete, rubble, grubbed plant material, construction material and equipment.
E. 
DISTURBED AREA – Means the actual size of an area from which protective cover and established vegetation has been removed.
F. 
EROSION – Means the depositing or relocation of soil or debris by natural drainage, wind, dumping, construction activity, transportation or other means.
G. 
EXCAVATE or EXCAVATION Means any land disturbing activity, by which organic matter, earth, sand, gravel, rock, trees, vegetation, or other ground cover is cleared, graded, cut, dug, uncovered, removed, displaced, relocated or moved and shall include the conditions resulting therefrom.
H. 
FILL or FILLING – Means any land disturbing activity by which earth, sand, gravel, rock or other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved to a new location and shall include the conditions resulting therefrom.
I. 
GRADE or GRADING – Means any excavating, filling or combination thereof.
J. 
LAND DISTURBING ACTIVITIES – Means the act of clearing, grading, excavating, filling or other construction activities which involve the removal of protective cover and established vegetation on a lot, tract, or parcel of land.
K. 
PERSON – Means any individual, firm, sole proprietorship, partnership or corporation.
L. 
REDEVELOPMENT – Means land-disturbing activity which results in the creation, addition or replacement of impervious surface area on an already developed site. Re-development includes, but is not limited to the following activities that meet the minimum standards set forth in this definition:
1. 
The expansion of a building footprint which creates additional impervious area not accounted for in previously approved stormwater designs;
2. 
Addition or replacement of a structure;
3. 
Land disturbing activities related to improvements, modifications or additions to structural or impervious surfaces such as parking lots, streets, sidewalks, driveways and buildings. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety.
M. 
SEDIMENT – is any particulate matter that can be transported by fluid flow, wind, glaciers or gravity.
N. 
SOIL – Means earth or rock that is naturally occurring or deposited by excavation from the ground.
O. 
TOPSOIL – Means the fertile, dark colored portion of the A-horizon containing a minimum of 3% organic matter, less than 30% clay content, granular structure, loose, friable texture, pH of 6-8, and devoid of debris and rocks.
[Ord. 2018-260]
A. 
The following persons are required to obtain a City COSESCO permit.
1. 
All persons required by law or administrative rule to obtain and comply with the requirements of a state NPDES General Permit #2 from the IDNR, and persons who will be conducting land disturbing activities on a site less than one acre in size that are part of a larger common plan of development.
2. 
All persons creating land disturbing activities less than one acre but more than 5,000 square feet in size for development or redevelopment of property or for the purpose of filling a site where a state NPDES General Permit #2 is not required.
3. 
Land disturbing activities less than 5,000 square feet will be evaluated individually by the Natural Resources Division of Public Works and may be exempted based on disturbance size, topography, location, construction type or other criteria that would eliminate or limit the threat of erosion or sediment deposition.
B. 
Applications for COSESCO permits shall be made on forms approved by the City and are available from the natural resources division of public works.
C. 
An applicant applying for a COSESCO permit shall pay fees in the amount set from time to time by City Council resolution as follows:
1. 
Before any COSESCO permit application is issued by the natural resources division, a plan review fee shall be paid by the applicant. If required materials are incomplete or changed so as to require additional review, an additional review fee shall be charged to the applicant for each review necessary.
2. 
A permit fee shall be due upon acceptance of an application based upon estimated amount of land disturbance, including areas to be dedicated to the City.
3. 
For each inspection required by this chapter, the applicant shall pay an inspection fee.
4. 
An annual permit renewal fee.
Failure of the applicant to pay an inspection fee within 30 days of billing shall constitute a violation of this chapter.
D. 
An applicant in possession of a state NPDES General Permit #2 issued by the IDNR shall submit to the City through their online E-Plan review system the materials described below as a basis for the City to determine whether to issue a COSESCO permit:
1. 
Applicant's plans which show best management practices (BMP) control measures, specifications, notice of intent (NOI) and supporting materials submitted to the IDNR in support of applicant's application for the state NPDES General Permit #2.
2. 
Storm water pollution prevention plan (SWPPP) in accordance with this chapter.
3. 
Evidence of authorizations issued pursuant to applicant's state NPDES General Permit #2.
E. 
Every SWPPP submitted to the City in support of an application for a COSESCO permit shall have the following:
1. 
A written document separate from engineered plans that comply with all current minimum mandatory requirements for SWPPP's promulgated by the IDNR in connection with issuance of a state NPDES General Permit #2.
2. 
A Joint Application Form, PROTECTING IOWA WATERS, IOWA DEPARTMENT OF NATURAL RESOURCES AND U.S. ARMY CORPS OF ENGINEERS, if the applicant is required by law to file and comply with all mandatory minimum requirements pertaining to such applications.
3. 
Compliance with all other applicable state or federal permit requirements in existence at the time of application including, but not limited to, waste at construction sites that may cause adverse impacts to water quality such as building materials, concrete truck washout, geothermal exploration and drilling, chemicals, solid waste and sanitary waste.
4. 
Within the SWPPP a signed and dated certification by the person preparing the SWPPP that the SWPPP complies with all requirements of this chapter and the applicant's NPDES General Permit #2.
F. 
Issuance by the City of a COSESCO permit shall be a condition precedent for the issuance of a City building permit.
G. 
For the duration of time that the construction site is subject to a state NPDES General Permit #2 and/or a COSESCO permit, the applicant shall provide the City with current information as follows:
1. 
The name, address and telephone number of the person on site designated by the owner who is knowledgeable and experienced in erosion and sediment control and who will oversee compliance with the state NPDES General Permit #2 and the COSESCO permit.
2. 
The name(s), address(es) and telephone number(s) of the contractors) and/or subcontractors(s) responsible for the installation and maintenance of each erosion and sediment control measure identified in the SWPPP.
H. 
An applicant creating land disturbing activities less than one acre in size for development or redevelopment of commercial property or for the purpose of filling a site where a state NPDES General Permit #2 is not required, shall submit a grading, erosion and sediment control plan for review. The grading, erosion and sediment control plan shall be prepared by a licensed professional civil engineer or a certified professional in erosion and sediment control (CPESC), or credentialed in a manner acceptable to the City. As a minimum, the following information shall be included;
1. 
A location map and pertinent surrounding features.
2. 
An overall site plan (minimum scale one inches equals 50 feet) clearly indicating the area of the site and the type of land disturbing activities which will take place.
3. 
Existing and proposed topography shown in one foot intervals.
4. 
The location and description of proposed stormwater management facilities.
5. 
The limits of the land disturbing activities including clearing and grubbing.
6. 
Drainage features including open channels, ponds, streams, or rivers
7. 
Existing and proposed structures and utilities which may impact the plan.
8. 
Erosion and sediment control methods to be implemented as part of the land disturbing activities on the site:
a. 
Location, size, maintenance requirements, and design calculations for best management practices.
b. 
Detail drawings or references to details.
c. 
Type and quantity of seeding, fertilizing, mulching and other plantings.
9. 
The soil types affected by the land disturbing activities, and location of highly erodible or unstable soils as determined by the most current NRCS soil survey.
10. 
The schedule and staging of grading, erosion and sediment control practices, and restoration.
I. 
Upon receipt of an application for a COSESCO permit, the City shall either find that the application complies with this chapter and issue a City COSESCO Permit in accordance with this chapter, or that the application fails to comply with this chapter, in which case the City shall include a written report identifying noncompliant elements of the application.
J. 
By submission of a COSESCO permit application, the applicant agrees to defend, indemnify and hold the City harmless from any and all claims, damages or suits arising directly or indirectly out of any act of commission or omission by the applicant, or any employee, agent, assign or contractor or subcontractor of the applicant, in connection with the applicant's state NPDES General Permit #2 and/or COSESCO permit.
K. 
All persons creating land disturbing activities, regardless of size, shall adhere to the following regulations:
a. 
A silt containment system using best management practices must be installed on site prior to and/or during land disturbing activities as construction scheduling allows. Silt containment shall also be maintained throughout the course of construction to prevent erosion and sediment from accumulating on adjoining public and private properties or waters of the United States.
b. 
Eroded soil or debris from construction or fill sites shall be cleared from public right-of-way within 24 hours of each occurrence and eroded soil or debris shall be cleared immediately from adjoining property owners. Clearing and removal of deposited or eroded soil or debris shall be the responsibility of the owner or permittee of the site. Failure to take corrective action shall constitute a violation of this chapter and may include the City performing, or cause to be performed, the necessary work to clear public right-of-way and assess the cost to do so against the property.
L. 
Homebuilders, new lot owners, contractors and subcontractors which are co-permittees under an existing SWPPP shall provide written documentation indicating they are co-permittees including signatures by the co-permittee and developer/property owner.
M. 
For fill sites, substantial site access control shall be installed as necessary in order to prevent depositing of fill by unauthorized persons.
N. 
All construction sites, regardless of size, shall be furnished with a stabilized construction entrance to handle the type and frequency of the traffic entering and exiting the site or make use of some other method designed to prevent off-site tracking. Any soils tracked off-site shall be cleaned up by the permittee or co-permittee at the end of each day or when directed by the City Engineer or their designee to prevent sediment from entering the municipal storm sewers or waters of the states. Any soils entering municipal storm sewers or waters of the United States will be considered a violation of this chapter.
[Ord. 2018-260]
The following land disturbing activities shall be exempt from this chapter:
A. 
In the furtherance of farming, horticultural or gardening.
B. 
Minor utility excavations.
C. 
Street resurfacing or patching.
D. 
Streambank stabilization projects disturbing less than one acre.
E. 
Sites exempted under Section 13.38.040 A, 3.
[Ord. 2018-260]
A. 
A COSESCO permit shall be valid for 365 calendar days from its date of issuance and must be renewed annually.
B. 
A COSESCO permit shall be considered expired 180 calendar days after the date of issuance if permitted work has not commenced.
[Ord. 2018-260]
A. 
All Inspections required under this chapter shall be conducted by the soil erosion inspector or other representative of the City, hereinafter referred to as the "enforcement officer." Inspections by the enforcement officer may be scheduled or unannounced.
B. 
Any permittee that is subject to the terms of the COSESCO permit shall allow the City or an authorized representative of the City, upon the presentation of proper identification, to enter upon applicant's private property for inspection purposes.
C. 
The permittee shall notify the enforcement officer when all measures required by the SWPPP have been accomplished on site prior to earth moving activities, whereupon the enforcement officer shall conduct an initial inspection for the purpose of determining compliance with this chapter, and shall within a reasonable time thereafter report to the permittee either that compliance appears to have been achieved, or that compliance has not been achieved, in which case the City shall provide a report identifying the conditions of noncompliance. The permittee shall immediately commence corrective action and shall complete such corrective action before construction begins. For good cause shown, the City may extend the deadline for taking corrective action. Failure to take corrective action in a timely manner shall constitute a violation of this chapter.
D. 
After initial inspection compliance has been achieved, the enforcement officer will perform quarterly inspections and upon receipt of a complaint (not to exceed one time per 30 calendar days) and the City shall charge the permittee an inspection fee in the amount set from time to time by City Council resolution. The quarterly inspections will be performed until the City accepts the notice of termination as outlined in Section 13.38.090.
E. 
In addition to the scheduled site inspections outlined immediately above, the enforcement officer may conduct additional compliance inspections at the City's expense.
F. 
The City shall not be responsible for the direct or indirect consequences to the applicant or to third parties for noncompliant conditions undetected by inspection.
[Ord. 2018-260]
A. 
Upon issuance of a COSESCO permit, a permittee has an absolute duty to inspect and monitor site conditions and to document any change in circumstances or site conditions the permittee knows, or should know, that pose a risk of any stormwater discharge in a manner inconsistent with the permittee's SWPPP, state NPDES General Permit #2 or COSESCO permit.
1. 
Such documentation shall be made by the permittee on SWPPP inspection forms.
2. 
Failure to provide proper documentation shall constitute a violation of this chapter.
B. 
Any third party may also report to the City site conditions which the third party reasonably believes pose a risk of stormwater discharge in a manner inconsistent with the permittee's SWPPP, General Permit #2 and/or COSESCO permit.
C. 
Upon receiving a report pursuant to this section, the enforcement officer shall conduct an inspection of the site as soon as reasonably possible and thereafter shall provide the permittee with a notice identifying the conditions of non-compliance. The permittee shall immediately commence corrective action. Failure to take corrective action in a timely manner shall constitute a violation of this chapter, whereupon the enforcement officer shall immediately commence enforcement actions as identified within this chapter.
D. 
The City shall not be responsible for the direct or indirect consequences to the permittee or to third-parties for noncompliant conditions undetected by inspection or monitoring.
[Ord. 2018-260]
A. 
Within 30 days after final stabilization at the construction site, as defined by the IDNR in its General Permit #2, the permittee shall submit a notice of termination to the natural resources division of public works. The notice shall contain the following information:
1. 
The name and address of the permittee to whom the permit was issued.
2. 
The permit authorization number.
3. 
The date the construction site reached final stabilization.
4. 
A certificate stating that the disturbed soils have been finally stabilized and temporary sediment control devices will be removed at an appropriate time. The permittee shall also acknowledge that they are no longer authorized to discharge stormwater associated with construction at this site.
B. 
Upon receipt of the notice of termination, the enforcement officer shall conduct a final inspection of the site for the purpose of verifying final stabilization. Within a reasonable time thereafter, the enforcement officer will report to the permittee that either final stabilization is achieved, or that final stabilization has not been achieved before COSESCO termination is accepted.
[9-23-2020 by Ord. No. 2020-393; Ord. 2018-260]
A. 
Violation of any provision of this chapter may be enforced by civil action, including an action for injunctive relief. In any civil enforcement action, administrative or judicial, the City shall be entitled to recover its attorneys' fees and costs from a person who is determined by a court of competent jurisdiction to have violated this chapter.
B. 
Violation of any provision of this chapter may also be enforced as a municipal infraction within Chapter 1.30, pursuant to the City's municipal infraction ordinance. Fees for these fines shall be set from time to time by City Council resolution.
1. 
Schedule of violations.
a. 
Type 1.
i. 
First offense.
ii. 
Second offense.
iii. 
Third offense.
iv. 
Fourth and subsequent.
b. 
Type 2.
i. 
First offense.
ii. 
Second and subsequent.
2. 
Definition of offenses.
Type 1
a. 
Failure to control off-site tracking of silt, sediment, or mud.
b. 
Failure to implement stormwater pollution prevention controls as designated in SWPPP or grading, erosion and sediment control plan.
c. 
Failure to maintain stormwater pollution prevention controls.
d. 
Failure to document any stormwater discharge that is a violation of water quality standards, or in a manner inconsistent with the permittee's SWPPP, General Permit #2 and/or COSESCO permit.
Type 2
a. 
Operating without a COSESCO permit.
b. 
Discharging silt/sediment to the City of Davenport's storm or sanitary sewers.
c. 
Failure to comply with a written directive issued by the City Engineer, Public Works Director or the enforcement officer designated by the City.
[Ord. 2018-260]
A. 
In the event any person holding a COSESCO permit pursuant to this chapter violates the requirements of the permit as is described herein or carries on site development in such a manner so as to materially adversely affect the health, welfare, environment, or safety of persons residing or working in the neighborhood of the development site or so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the enforcement officer shall suspend or revoke the COSESCO permit.
B. 
The suspension of a COSESCO permit shall be a written stop work order issued by the enforcement officer to the permittee or his agent or the person performing the work. The stop work order shall be effective immediately, shall state the specific violations cited, and the conditions under which the work may be resumed. A stop work order shall remain in effect until the enforcement officer has approved corrective measures.
C. 
Any person who shall continue any work after having been served with a stop work order, except such work as the person is directed to perform to remove a violation, shall be subject to penalties as stated in this chapter.
[Ord. 2018-260]
Any person receiving a notice of violation may appeal the determination of the public works department. The notice of appeal must be received within three calendar days from the date of the notice of violation. Hearing on the appeal before the appropriate authority or his/her designee shall take place within 14 calendar days from the date of receipt of the notice of appeal. The decision of the hearing officer or designees shall be final.