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City of St. Charles, MO
St. Charles County
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Table of Contents
Table of Contents
[R.O. 2011 § 510.200; R.O. 2009 § 151.60; Ord. No. 02-175, 7-19-2002; Ord. No. 18-198, 9-4-2018]
Two (2) consequences of construction and development are the increased runoff created by the changed properties of the ground surface and the rate of discharge of this increased runoff. These are both of great relevance to stormwater management. The natural condition of the land before development is in relative balance with the natural capacity of the receiving creeks. Normally, the undeveloped conditions provide greater permeability and longer times of concentration. By modification of the ground surface from the irregular, pervious and vegetation-covered, the areas are changed to more impervious, more quickly drained and, in some cases, denuded of vegetation. It is the policy of the City to protect and promote the public health, safety and general welfare. The management of stormwater will reduce the erosion on land and creek channels, will reduce the possibility of damage to public and private property, will assist in the attainment and maintenance of water quality standards and will preserve the environmental quality of the watercourses in the City.
[R.O. 2011 § 510.210; R.O. 2009 § 151.61; Ord. No. 02-175, 7-19-2002; Ord. No. 18-198, 9-4-2018]
For the purposes of this Article, the following terms, phrases, words and their derivations shall have the meanings given herein.
2-YEAR PEAK FLOW
The peak rate of flow of water at a given point in a channel, watercourse or conduit resulting from the 2-year storm.
2-YEAR STORM
Rainstorm of a specific duration having a fifty percent (50%) probability of occurrence in any given year.
15-YEAR PEAK FLOW
The peak rate of flow of water at a given point in a channel, watercourse or conduit resulting from the 15-year storm.
15-YEAR STORM
Rainstorm of a specific duration having a six and six hundred sixty-seven thousandths percent (6.667%) probability of occurrence in any given year.
25-YEAR FLOOD
A flood having a four percent (4%) probability of occurrence in a given year.
25-YEAR PEAK FLOW
The peak rate of flow of water at a given point in a channel, watercourse or conduit resulting from the 25-year storm.
25-YEAR STORM
Rainstorm of a specific duration having a four percent (4%) probability of occurrence in an given year.
50-YEAR FLOOD
A flood having a two percent (2%) probability of occurrence in a given year.
50-YEAR PEAK FLOW
The peak rate of flow of water at a given point in a channel, watercourse or conduit resulting from the 50-year storm.
50-YEAR STORM
Rainstorm of a specific duration having a two percent (2%) probability of occurrence in any given year.
100-YEAR FLOOD
A flood having a one percent (1%) probability of occurrence in a given year.
100-YEAR PEAK FLOW
The peak rate of flow of water at a given point in a channel, watercourse or conduit resulting from the 100-year storm.
100-YEAR STORM
Rainstorms of a specific duration having a one percent (1%) probability of occurrence in any given year.
ALLOWABLE RELEASE RATE
The pre-development or existing condition peak flow corresponding to a selected rainfall frequency event.
APPLICANT
The specific person applying for the permit for an approved stormwater management system.
BASE FLOOD
The flood having a one percent (1%) probability of being equaled or exceeded in any given year, i.e., the 100-year flood.
BOND
Any form of security for the completion or performance of a stormwater management plan or the maintenance of drainage improvements, including surety bond, collateral, property or instrument of credit, or escrow deposit in an amount and form satisfactory to the Governing Body.
DETENTION BASIN
Any manmade area or facility designed to detain (hold) stormwater temporarily during and immediately after a runoff event.
DIFFERENTIAL RUNOFF
The difference between the calculated developed runoff rate and the calculated pre-developed runoff rate.
DRAINAGE FACILITY
Any system of artificially constructed drains, including open channels and sewers, used to convey stormwater, surface water or groundwater either continuously or intermittently to natural watercourses.
FLOODPLAIN
A geographic area susceptible to periodic inundation from the overflow of natural waterways during the base 100-year flood.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot and so delineated in the Federal Emergency Management Agency (FEMA) Flood Insurance Study.
FREEBOARD
The difference in elevation between the hydraulic grade line elevation and:
1. 
The inlet sill elevation; or
2. 
The top of structure elevation; or
3. 
The top of channel bank elevation; or
4. 
The top of wall elevation.
HYDRAULIC GRADE LINE
A line coinciding with the level of flowing water at any given point along an open channel; or the level to which water would rise in a vertical tube connected to any point along a pipe or closed conduit flowing under pressure.
LOW SILL ELEVATION
The lowest finished floor elevation, basement window sill elevation, or basement walk-out door threshold elevation, whichever is lower, of any structure or building.
MAINTENANCE
The act of maintaining or preserving including, but not limited to, operation construction and re-construction.
MSD
Metropolitan St. Louis Sewer District.
OUTFALL
The point location or structure where drainage discharges.
PERMIT
A permit granted by the City to a person to construct a stormwater management system.
PERMITTEE
Any person to whom a permit has been granted by the City under this Chapter.
PERSON
An individual, corporation, partnership and/or unincorporated association of persons.
POST-DEVELOPED FLOW
The peak flow corresponding to a selected rainfall event as a result of site conditions after development.
PRE-DEVELOPED FLOW
The amount of flow from an existing site prior to new development or improvements as computed using the Rational Formula.
RATIONAL METHOD
An empirical formula for calculating peak rates of runoff resulting from rainfall.
SITE
The area to be developed or improved.
SOIL CONSERVATION SERVICE METHOD
A technique for calculating stormwater runoff volume and peak flow described in Soil Conservation Service (SCS) Technical Release 55.
STORMWATER MANAGEMENT PLAN
The drawings, computations, data, reports, etc., which identify how stormwater runoff is to be handled.
STORMWATER MANAGEMENT SYSTEM
All means, natural or manmade, used for conducting stormwater runoff to, through or from a drainage area to the point of outlet.
STORMWATER RUNOFF
Water that results from precipitation which is not absorbed by the soil, evaporated into the atmosphere, or entrapped by ground surface depressions and vegetation.
STORMWATER SEWER
A pipe or closed conduit that carries surface runoff and subsurface waters.
STRUCTURE
Any object constructed above or below ground.
TR-55
See "soil conservation service method."
[R.O. 2011 § 510.220; R.O. 2009 § 151.62; Ord. No. 02-175, 7-19-2002; Ord. No. 18-198, 9-4-2018]
No person shall uncover, make any connection with or opening into, use, alter or disturb any public or private storm sewer, stormwater facility or stormwater structure without first obtaining a written permit from the Director of Engineering or his/her designee. All plans for stormwater construction or alteration shall be approved by the Director of Engineering or his/her designee or the Director of Engineering or his/her designee's authorized agent prior to the beginning of any such work. A permit application form will be provided by the City and be made available through the Engineering Department. The permit application shall be supplemented by plans, specifications and other information as required in this Article or by the Director of Engineering or his/her designee. A permit cannot be issued without the completed application form, permit fees and all the supplemental plans, specifications and other information as required.
[1]
Cross Reference: As to penalty, § 510.340.
[R.O. 2011 § 510.230; R.O. 2009 § 151.63; Ord. No. 02-175, 7-19-2002; Ord. No. 18-198, 9-4-2018]
A. 
The permit fee for storm sewers shall be a combination of the amounts stated in Section 150.030 for a storm sewer construction permit fee plus a storm sewer inspection fee for every three hundred (300) lineal feet of proposed storm sewer. This charge is not refundable.
[Ord. No. 22-167, 12-20-2022]
B. 
Upon approval of the final plans for any stormwater management system, but before the issuance of any permits, the Director of Engineering or his/her designee shall require the applicant to post a performance bond, cash escrow, certified check, or other acceptable form of performance security for the amount of the work to be done pursuant to the approved stormwater management plans. This performance security shall not be fully released by the Director of Engineering or his/her designee except in conformance with State Statutes. A one-year guarantee against defects in workmanship will be required by the Director of Engineering or his/her designee for any stormwater management system accepted by the City.
C. 
The Director of Engineering or his/her designee shall establish the amount of the performance bond or escrow, if any, required as part of the permit application.
[R.O. 2011 § 510.240; R.O. 2009 § 151.64; Ord. No. 02-175, 7-19-2002; Ord. No. 18-198, 9-4-2018]
In advance of any planned storm sewer work, the owner of the site or his/her agent shall cause to have submitted preliminary construction plans on the project to the Director of Engineering or his/her designee for review and comment. After approval of said preliminary plans, the owner or his/her agent shall submit final plans, specifications, calculations, all required additional information, a permit application form, all bonds and/or escrows and the permit fee to the Director of Engineering or his/her designee for approval. These submitted materials will be reviewed for compliance with the ordinances and standards of the City. Any and all errors or omissions on any part of the submitted material shall be corrected by the owner or the owner's agent prior to issuance of a permit for the work. A separate excavation permit will be required for any portion of the work within City rights-of-way.
[R.O. 2011 § 510.250; R.O. 2009 § 151.65; Ord. No. 02-175, 7-19-2002; Ord. No. 18-198, 9-4-2018]
A. 
Only after review and approval by the Director of Engineering or his/her designee of all the required documents as detailed in this Article and payment of all fees, bonds and escrows, a permit will be issued for the proposed work.
B. 
The Director of Engineering or his/her designee may impose such conditions or requirements upon the issuance of a permit as the Director of Engineering or his/her designee deems necessary or proper to ensure the safety of the public and faithful compliance with City ordinances and standards.
C. 
All appropriate approvals from the United States Army Corps of Engineers and Missouri Department of Natural Resources must be acquired and submitted to the Director of Engineering or his/her designee prior to issuance of a stormwater permit.
[R.O. 2011 § 510.260; R.O. 2009 § 151.66; Ord. No. 02-175, 7-19-2002; Ord. No. 18-198, 9-4-2018]
A permit issued under this Article shall expire one (1) year from the date of issuance; except that the Director of Engineering or his/her designee may, for due cause shown, extend any permit for additional one-year periods after complete review of all plans and examination of work accomplished and proposed; provided application is made at least thirty (30) days prior to the expiration date of such permit. In no case shall permit be extended if the provisions of this Article have not been complied with.
[R.O. 2011 § 510.270; R.O. 2009 § 151.67; Ord. No. 02-175, 7-19-2002; Ord. No. 04-194, 8-13-2004; Ord. No. 07-158, 6-8-2007; Ord. No. 18-198, 9-4-2018]
A. 
No owner of property regulated by this Article shall permit stormwater to be discharged in any manner that injures the property of adjacent property owners.
B. 
Detention basins shall be maintained by the owner or owners of the property. No modifications can be made to the facility without a permit from the City and, in some situations, the Missouri Department of Natural Resources.
C. 
Beyond the scope of this Section, the Director of Engineering shall maintain stormwater construction and design specifications for the City. These stormwater construction and design specifications shall be approved by the Board of Public Works and the City Council. Once approved, the stormwater construction and design specifications shall be followed by all persons planning or constructing any stormwater management system within the City.
D. 
Development along natural watercourses shall have residential lot lines, commercial or industrial improvements, parking areas and driveways set back a minimum of twenty-five (25) feet from the top of the existing stream bank. The section of land between a natural watercourse and lot lines shall be designated as common ground and drainage easement to be maintained by the trustees of the subdivision within all types of residential developments. All developments shall maintain a setback minimum of fifty (50) feet from the top of the existing stream bank and any building or structure. Commercial and industrial areas shall have creek areas dedicated as drainage easements.
E. 
All stormwater design work and calculations shall be prepared by a registered professional engineer in the State of Missouri and stamped with a valid stamp and signed representing that the professional engineer is certifying the responsibility for the design.
F. 
Prior to acceptance of improvement plans, the Director of Engineering or his/her designee may request that a flood study be performed by the permit applicant in the area of the improvements and, if necessary, require that a letter of map revision be filed with the United States Army Corps of Engineers.
[1]
Cross Reference: As to penalty, § 510.340.
[R.O. 2011 § 510.280; R.O. 2009 § 151.68; Ord. No. 02-175, 7-19-2002; Ord. No. 09-119, 6-18-2009; Ord. No. 10-174 § 3, 7-18-2010; Ord. No. 18-198, 9-4-2018]
A. 
The Metropolitan St. Louis Sewer District (MSD) Standard Construction Specifications for Sewers and Drainage Facilities, 2009, is hereby adopted for the City's standard construction specifications for stormwater facilities with the following exceptions:
1. 
Maintenance Of Backfilled Areas. Backfilled areas shall be maintained to the grade of the surrounding terrain by the developer or contractor for a period of one (1) year after completion of the respective contract/project.
2. 
Storm Pipes.
a. 
R.C.P. Pipe. Reinforced concrete pipe shall be installed and inspected per City of St. Charles standards.
b. 
P.P. Pipe. Polypropylene pipe meeting the requirements of ASTM F2736 or F2764 shall be installed and inspected per City of St. Charles standards.
[Ord. No. 16-042 § 1, 2-16-2016]
c. 
A developer achieving Tier 1 status under the Green Point Rating System Guide established in Section 400.920 may make application to the Department of Engineering for the use of a Green Point Rating System Alternative to the requirements of this Subsection as set forth in the "Development Guide: Infrastructure Alternatives for St. Charles GPRS Projects" on file with the City Clerk.
3. 
Bedding Under And Around The Pipe. All pipe shall be bedded in MSD 1 or 2 bedding unless otherwise directed by the City.
4. 
Earth Backfill, Flowable Fill And Jetting. The permissible trench backfill materials and compaction methods and criteria are subdivided into those associated with sewer maintenance and new construction of sewers. All trenches not considered part of new construction as defined below will be backfilled according to the maintenance standards and at the direction of the Director of Engineering or his/her designee.
a. 
Maintenance. Where maintenance/repairs require excavation to existing sewers.
(1) 
Flowable Fill (inside Paved Areas). Where maintenance is required to existing sewers in paved areas, flowable fill will be used as backfill (except as approved by the City) from the top of the bedding material six (6) inches above the pipe to the surface or to within one (1) foot of grade in landscaped areas.
(2) 
Earth Backfill (outside Paved Areas). As an alternative to flowable fill, earth backfill (meeting MSD standards) may be used outside paved areas, from the top of the bedding material six (6) inches above the pipe to the surface. Earth backfill should be placed in maximum eight-inch loose lifts and shall be mechanically compacted to a minimum density equal to that of the adjacent, undisturbed earth.
b. 
New Construction. To include sewer construction in new residential subdivisions, new residential lots and new commercial developments with the exception that any excavations within existing paved areas or any off-site construction excavations are to be treated as a maintenance excavation as stated above.
(1) 
Earth Backfill (Outside Paved Areas). Earth backfill for new construction may be used outside paved areas and must be properly jetted to achieve proper compaction. [See Subsection (A)(4)(b)(4), Jetting, below.]
(2) 
Earth Backfill (Inside Proposed Paved Areas). Earth backfills inside paved areas shall be placed in maximum eight-inch loose lifts and shall be mechanically compacted to a minimum density equal to that of the adjacent undisturbed earth. Prior to paving operations, subgrade must be prepared and compacted to City standards per Chapter 405 of this Code.
(3) 
Granular Backfill (inside Proposed Paved Areas). Granular backfill under proposed paved areas and two (2) feet beyond proposed edge of pavement shall consist of well graded three-fourth (3/4) inch minus crushed limestone. Granular materials shall be free from organic, deleterious or earth materials such as silt or clay. Granular materials must be properly jetted to achieve proper compaction. [See Jetting in Subdivision (A)(4) below.]
(4) 
Jetting. Granular materials and earth materials associated with new construction outside of pavements may be jetted, taking care to avoid damage to the newly laid sewers. The jetting shall be performed with a probe route on not greater than seven and one-half (7 1/2) foot centers with the jetting probe centered over and parallel with the direction of the pipe. Trench widths greater than ten (10) feet will require multiple probes every seven and one-half (7 1/2) foot centers.
(a) 
Depth. Trench backfill less than eight (8) feet in depth shall be probed to a depth extending to half the depth of the trench backfill, but not less than three (3) feet. Trench backfill greater than eight (8) feet in depth shall be probed to half the depth of the trench backfill but not greater than eight (8) feet.
(b) 
Equipment. The jetting probe shall be a metal pipe with an exterior diameter of one and one-half (1 1/2) to two (2) inches.
(c) 
Method. Jetting shall be performed from the low surface topographic point and proceed toward the high point and from the bottom of the trench backfill towards the surface. The flooding of each jetting probe shall be started slowly allowing slow saturation of the soil. Water is not to be allowed to flow away from the ditch without first saturating the trench.
(d) 
Surface Bridging. The contractor shall identify the locations of surface bridging (the tendency for the upper backfill crust to arch over the trench rather than collapse and consolidate during the jetting process). The contractor shall break down the bridged areas using an appropriate method such as the wheels or bucket of a backhoe. When the surface crust is collapsed, the void shall be backfilled with the same material used as trench backfill and re-jetted. Compaction of the materials within the sunken/jetted area shall be compacted such that no further surface subsidence occurs.
5. 
Cast-Iron Covers. Concrete covers on structures will not be allowed. Only cast-iron covers are permitted.
6. 
Joints. All pipe joints and joints on new structures shall use City approved rubber compression type joints. Water stops are required at all points of connection not using rubber compression type joints such as connections to existing structures.
[R.O. 2011 § 510.290; R.O. 2009 § 151.69; Ord. No. 02-175, 7-19-2002; Ord. No. 04-178, 8-4-2004; Ord. No. 05-49, 2-4-2005; Ord. No. 05-70, 3-8-2005; Ord. No. 10-136 § 1, 6-16-2010; Ord. No. 18-198, 9-4-2018]
A. 
The following standards are to be used for the rules and regulations for engineering design of stormwater management systems within the City:
1. 
Storm Sewer Design.
a. 
On-Site Sewers. Sized to meet the 15-year, 20-minute storm peak flows.
b. 
Calculation Method. Rational Method (Q=API).
c. 
Sewers Downstream Of Detention Basins. 15-year, 20-minute storm calculated on the area served by the detention basin.
d. 
Maximum Discharge Velocity At Outlets. Three (3) feet per second after the use of energy dissipaters.
e. 
Maximum Flow Requiring A Piped System Or Designed Channel. Three (3) cubic foot per second.
f. 
Creeks. Creeks to be piped under any public road shall be sized to account for a fifty percent (50%) blockage of the pipe for pipes and boxes with a design size (including the percent blocked) up to six (6) feet in diameter. For pipes and boxes six (6) feet and larger, the percent blocked may be reduced at the direction of the Director of Engineering or his/her designee.
2. 
Stormwater Overflow Systems.
a. 
Definition. The purpose of the overflow system is to provide a drainage path to safely pass flows which cannot be accommodated by the design system without causing flooding of adjacent structures.
b. 
100-Year Storm Events. Flood areas shall be evaluated and shown on the plans so that if the designed storm sewers are exceeded by a storm event, the flooded area will contain the 100-year, 20-minute and 100-year, 24-hour event. The depth in parking lots may not exceed eight (8) inches and no part of any flooded area may be within thirty (30) feet of a building. A permanent drainage easement is required for all areas within the flood area of a 100-year storm event and must be recorded on the subdivision plat.
c. 
100-Year Flood Elevation. One (1) vertical foot of freeboard shall be maintained between the 100-year high water elevation and the low sill elevation of any adjacent structure or building.
d. 
Overflow Facilities. Sewers or structures designed as part of an overflow system for flood areas shall be designed for the 100-year, 20-minute peak flows. Where conditions do not allow this, the overflow system shall be considered on a site specific basis by the City Engineer.
3. 
Stormwater Detention And Stormwater Quality.
[Ord. No. 18-252, 11-20-2018[1]]
a. 
There is hereby adopted by the City Council of the City of St. Charles, Missouri, for the purpose of regulating stormwater detention and stormwater quality within the City of St. Charles, a document to be known as:
(1) 
Detention and Stormwater Quality Engineering Design Criteria.
b. 
The most recent edition of the Detention and Stormwater Quality Engineering Design Criteria, listed above and incorporated by reference herein, along with any amendments, insertions, and deletions as may be approved by the City Council by ordinance from time to time, shall be maintained by the Director of Engineering. This document shall be posted on the City's website, and shall be kept on file with the Director of Engineering and the City Clerk.
[1]
Editor's Note: Section 1 of this ordinance repealed former Subsection (A)(3), Detention facility design, as amended.
4. 
Stormwater Detention Easements. Stormwater detention easements are required for all detention facilities. These easements must be recorded on the subdivision plat and must note that maintenance of the facility or facilities are the responsibility of the property owner or owners.
5. 
Drainage Facility Surface Material. All drainage facilities including, but not limited to, detention basins, ditches and swales must be sodded or stabilized with rip-rap or other erosion control materials. All newly placed sod shall be maintained following the requirements of Section 405.260. Seed and mulch alone may not be installed in the portions of a drainage facility intended to convey or store the applicable design flow.
[R.O. 2011 § 510.300; R.O. 2009 § 151.70; Ord. No. 02-175, 7-19-2002; Ord. No. 18-198, 9-4-2018]
A. 
Anyone contemplating any construction work within the City shall prepare, or cause to be prepared, for review and approval by the Director of Engineering or his/her designee, a stormwater management plan for each site being developed, re-developed or maintained. This plan shall follow the guidelines presented in the manual "Protecting Water Quality," January 2011 by the Missouri Department of Natural Resources and be stamped by a registered professional engineer within the State of Missouri. The plan shall contain, among other things, recommendations for potential locations and sizes of on-site or off-site stormwater management facilities and an evaluation of the existing streams and creeks within the site for stabilization and grade (erosion) control issues. If approved by the Director of Engineering or his/her designee, sites under one (1) acre may be exempted from this rule and be given a written exemption from the Director of Engineering or his/her designee.
B. 
The plan shall be designed to minimize the amount of erosion of the site during the construction of the project. Failure to have adequate erosion protection on the site or failure to maintain erosion protection throughout the construction of the project shall be considered a violation of this Article and will result in penalties per Sections 510.330 and 510.340.
[1]
Cross Reference: As to penalty, § 510.340.
[R.O. 2011 § 510.310; R.O. 2009 § 151.71; Ord. No. 02-175, 7-19-2002; Ord. No. 18-198, 9-4-2018]
A. 
As part of the review process for the permitting of construction activities, the following items will have to be submitted to the Director of Engineering or his/her designee for review. These items will have to be adjusted by the applicant as necessary to meet the requirements of the City prior to the issuance of a permit for the work.
1. 
Calculations showing current (pre-developed) and post-developed flows for each required storm event in each drainage area.
2. 
Stormwater Management Plan and Erosion/Sedimentation Control Plan stamped by a professional engineer per Chapter 3 of "Protecting Water Quality," January 2011 by the Missouri Department of Natural Resources.
3. 
Elevation vs. discharge tables or curves for all storm frequencies (detention facilities).
4. 
Elevation vs. storage tables or curves for all storm frequencies (detention facilities).
5. 
Inflow calculations and data for all storm frequencies (detention facilities).
6. 
Hydraulic gradeline computations for pipes entering and leaving basins for all frequencies.
7. 
Geotechnical report for design of detention basin earth fills (if required by the Director of Engineering or his/her designee).
8. 
Site plan of detention facilities.
9. 
Site plans showing flood areas and elevations on 100-year, 20-minute and 100-year, 24-hour storm events.
10. 
Cross sections of detention facility adequate to determine volume.
11. 
All necessary easements.
12. 
Approvals from the United States Army Corps of Engineers and Missouri Department of Natural Resources.
13. 
Flood and creek bank studies.
[R.O. 2011 § 510.320; R.O. 2009 § 151.72; Ord. No. 02-175, 7-19-2002; Ord. No. 05-102, 4-13-2005; Ord. No. 15-125 § 1, 6-2-2015; Ord. No. 18-198, 9-4-2018]
A. 
The Director of Engineering or his/her designee shall inspect, or cause to be inspected, all stormwater management systems constructed within the City. Contractors are required to notify the City prior to beginning any stormwater work on each site to be worked or each phase of the site on larger projects.
B. 
Each owner of the property or site being developed, re-developed or maintained has the responsibility and duty to properly operate and maintain any stormwater detention facility. The responsibility of maintenance of the facility in subdivision projects shall remain with the developer until such time as the escrow for such development has been released. Upon release of escrow, the maintenance responsibility shall be vested in the trustees of the subdivision by virtue of a trust indenture. The indenture of trust shall clearly indicate resident responsibility for maintenance. The responsibility for maintenance in single lot development shall remain with the general contractor and owner until final inspection of the development is approved and an occupancy permit is issued. After occupancy, the maintenance of the detention facility shall be vested in the owner of the property. All such privately owned and maintained facilities shall be subject to periodic inspection by the Director of Engineering or his/her designee.
C. 
If, after an inspection by the Director of Engineering or his/her designee, the Director of Engineering or his/her designee determines that the condition of a privately owned stormwater management system is an immediate danger to the public health or safety because of an unsafe condition, or if the trustees or owner fail to provide a reasonable degree of maintenance, the Director of Engineering or his/her designee shall take such action as may be necessary to protect the public health and safety and make the system safe and correct. The Director of Engineering or his/her designee shall follow the abatement procedures set forth in Sections 220.040 through 220.120 of this Code. Any costs incurred by the City, as a result of the Director of Engineering or his/her designee's actions, shall be assessed against the owner(s) of the system.
D. 
Upon a finding by the City Council by clear and convincing evidence that an extreme hardship exists, there is no adverse impact to the public health, safety and welfare and that any and all impacted property owners consent to the grant of a variance in writing, then the City Council may grant a variance to the requirements of Section 510.270 or 510.290.
[R.O. 2011 § 510.330; R.O. 2009 § 151.98; Ord. No. 02-175, 7-19-2002; Ord. No. 18-198, 9-4-2018]
A. 
Any person, company or organization found to be violating any provision of this Chapter shall be served written notice by the Director of Engineering or his/her designee. This notice will require the person, company or organization to appear in front of the Municipal Court for the City of St. Charles to adjudicate the violation.
B. 
Each day in which any such violation shall continue shall be deemed a separate offense.
C. 
Any person violating any of the provisions of this Chapter shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation.
D. 
If remedial action is required by the Director of Engineering or his/her designee and the remedial action is not taken, the City Engineer may then issue a stop work order. This stop work order shall direct all parties involved to cease and desist all or any portion of the work on the development except such work necessary to bring the project into compliance. If such stop work order is ignored, the parties shall be in violation of this Chapter and subject to the penalties contained herein.
[R.O. 2011 § 510.340; R.O. 2009 § 151.99; CC 1981 § 10-48; Ord. No. 73-47, 7-25-1973; Ord. No. 02-175, 7-19-2002; Ord. No. 18-198, 9-4-2018]
Any person who violates any provision of this Chapter and is found guilty in Municipal Court shall be subject to the penalties administered by the courts with a minimum fine of fifty dollars ($50.00) for each violation.