[CC 1985 §5-69.35; Ord. No. 2963 §1(Art. III §6.1), 5-14-1998]
A.
Application
for a stormwater management plan shall be as follows:
1.
Responsibility. Administration of this Article shall be
the responsibility of the office of the City Administrator or his/her
designee.
2.
Procedure. The owner or his/her agent seeking to develop
or change the use of the property shall submit to the administrative
officer a stormwater management plan in compliance with the design
criteria specified in this Article. The administrative officer will
review the plan for completeness at which time it will be forwarded
to the City Engineer for technical review. Following review by the
City Engineer, the plan together with comments and recommendations
from the City Engineer will be presented to the Board of Aldermen
by the City Administrator. The Board of Aldermen shall act on the
plan within sixty (60) days of the date a complete plan is submitted
to the City.
3.
Approval. The Board of Aldermen is ultimately responsible
for approval or denial of any stormwater management plan. The plan
shall be deemed approved upon the failure of the Board of Aldermen
to act within the prescribed sixty (60) day period, except that the
Board with the consent of the applicant may extend the sixty (60)
day period. The grounds for disapproval of any stormwater management
plan shall be made a matter of public record.
[CC 1985 §5-69.36; Ord. No. 2963 §1(Art. III §7.1), 5-14-1998; Ord. No. 3148 §1, 2-22-2001; Ord. No. 3522 §1, 1-11-2007]
Stormwater management permit fee recommendations.
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Residential — less than one (1) acre
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$250.00
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Residential — greater than one (1) acre
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$275.00 plus $175.00 per acre for acreage over one (1.0) acre
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Commercial/industrial — less than
two (2) acres
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$425.00
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Commercial/industrial — more than
two (2) acres
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$425.00 plus $175.00 per acre for acreages over two (2.0) acres
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Variance request (with public hearing)
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$300.00 plus publication costs
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Modification to existing permit
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$55.00
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NOTE: Engineering review costs are to be added to the above
stormwater fees. Stormwater management fees are in addition to any
required building permit fees.
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[CC 1985 §5-69.37; Ord. No. 2963 §1(Art. III §8.1), 5-14-1998]
A.
Procedure. The owner or his/her agent seeking to develop
or change the use of the property shall file a request for variance
from the provisions of this Article. No variance shall become effective
until after the Board of Aldermen have held a public hearing on the
variance request at which all parties in interest and citizens shall
have an opportunity to be heard. At least fifteen (15) days' notice
of the time and place of such hearing shall be published in a newspaper
of general circulation in the City of Ste. Genevieve. The Board of
Aldermen may provide for the posting of notices of the hearing on
the requested variance and for other means of notifying the public
or interested persons of the proceedings.
B.
Publication Costs. The owner or his/her agent seeking the
variance from this Article shall pay the cost to the City of publication
of the public hearing.
[CC 1985 §5-69.38; Ord. No. 2963 §1(Art. III §9.1), 5-14-1998]
Responsibility for all changes to official maps and profiles
remains with the Board of Aldermen.
[CC 1985 §5-69.39; Ord. No. 2963 §1(Art. III §10.1), 5-14-1998]
A.
In the
interpretation and application of this Article, the provisions expressed
herein shall be held to be the minimum requirements and shall be liberally
construed in favor of the City and shall not be deemed a limitation
or repeal of any other powers granted by State Statutes.
Inspection:
1.
The City shall be responsible for determining whether the stormwater management plan is in conformance with requirements specified in Article II and whether development is proceeding in accordance with approved stormwater management plan. Periodic inspection of the development site may be made by the City to ensure that the stormwater management plan is properly implemented.
2.
The
City and other duly authorized employees bearing proper credentials
and identification shall be permitted to enter upon all properties
for the purpose of inspection, observation and measurement in accordance
with the provisions of this Article.
[CC 1985 §5-69.40; Ord. No. 2963 §1(Art. III §11.1), 5-14-1998]
A.
Plan Adherence. The applicant shall be required to adhere
strictly to the stormwater management plan as approved. The administrative
officer in accordance with the procedures set forth in this Article
obtaining stormwater management plan approval must approve any changes
or amendments to the plan. Enforcement officials shall be and are
herein granted inspection rights and right-of-entry privileges in
order to ensure compliance with the requirements of this Article.
B.
Enforcement — Approved Projects. The administrative
officer or his/her designated representative may carry out periodic
inspections of the project site to ensure the applicant's compliance
with this Article. If it is determined that the project is not being
carried out in accordance with the approved stormwater management
plan, the administrative officer is authorized to:
1.
Written notice. Issue written notice to the applicant or
owner, specifying the nature and location of the alleged non-compliance,
with a description of the remedial actions necessary to bring the
project into compliance within a reasonable specified time.
2.
Stop work order. Issue a stop work order directing the applicant
or owner to cease and desist all or any portion of the work which
violates the provisions of this Article, if the remedial work identified
in the "written notice" is not completed within the specified time.
[CC 1985 §5-69.41; Ord. No. 2963 §1(Art. III §12.1), 5-14-1998]
A.
General
violation of the provisions of this Article or failure to comply with
any of its requirements, including conditions and safeguards established
in connection with variances or special use permits, shall constitute
a violation of this City ordinance. Any person who violates this Article
or fails to comply with any of its requirements shall upon conviction
thereof be fined not more than five hundred dollars ($500.00); may
be imprisoned for a period of not more than ninety (90) days; and
in addition, shall pay all costs and expenses involved in the case.
Each day such violation continues shall be considered a separate offense.
B.
Corrective Actions. Nothing herein contained shall prevent
the City from taking such other lawful action as is necessary to prevent
or remedy any violation. Any violation(s) of this Article shall be
considered a violation of the dangerous building ordinance of the
City of Ste. Genevieve.
1.
Work suspension.
a.
In
the event that work performed does not conform to the provisions of
the approved stormwater management plan and specifications, a written
notice to comply shall be served upon the developer. Such notice shall
set forth the nature of the correction required and the time within
which corrections shall be made.
b.
Failure
to comply with such notice shall result in the issuance of a stop
work order applicable to all construction activity except that necessary
for correction of the violation. Upon correction of the violation
the stop work order shall be voided and construction may resume.
2.
Bond forfeiture.
a.
In
the event of continued violation of the approved stormwater management
plan, a public hearing on the matter shall be conducted by the Board
of Aldermen.
b.
Written
notice of such hearing shall be served upon the developer by registered
mail and shall state:
(1)
The grounds for complaint.
(2)
The time and place such hearing is to be held.
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Such notice shall be served at least fifteen (15) days prior
to the date set for the hearing. At any such hearing, the developer
shall be given an opportunity to be heard and he/she may call witnesses
and present evidence on his/her behalf. After such hearing, if the
Board of Aldermen concludes that the issuance of additional correction
notices would be futile, any bonds or cash deposits posted with the
City shall be forfeited, whereupon said security shall be used for
completion of the stormwater management plan as approved.
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