[Ord. No. 2772 §1, 5-20-2002]
The provisions of this Chapter shall constitute and be known
as the "Storm Water Management Ordinance for the City of Harrisonville,
Missouri".
[Ord. No. 2772 §1, 5-20-2002]
The purpose and intent of this Chapter is to protect, maintain
and enhance the public health, safety and general welfare of the citizens
of the City of Harrisonville by establishing minimum requirements
and procedures to control the adverse effects of increased storm water
runoff associated with both future and existing developed land within
the City. Proper management of storm water runoff will minimize damage
to public and private property, ensure a functional drainage system,
reduce the effects of development on land and stream channel erosion,
assist in the attainment and maintenance of water quality standards,
enhance the local environment associated with the drainage system,
reduce local flooding, maintain as nearly as possible the pre-developed
runoff characteristics of the site, and facilitate economic development
while mitigating associated flooding and drainage impacts.
[Ord. No. 2772 §1, 5-20-2002]
The provisions and criteria of this Chapter shall extend and
apply to all land within the corporate limits of the City and to appropriate
unincorporated land in Cass County. Any person, firm, association,
corporation or business proposing to construct buildings or develop
land shall make application to the City Engineer for approval of a
on-site storm water management plan and issuance of a drainage permit
as specified herein. Provisions expressed herein shall be the minimum
storm water management requirements and shall not be deemed a limitation
or repeal of any other powers granted by State Statute. If site characteristics
indicate that complying with these minimum requirements will not provide
adequate designs or protection for local property or residents, it
is the designer's responsibility to exceed the minimum requirements
as necessary. The City Engineer or designee shall be responsible for
the coordination and enforcement of the provisions of this Chapter.
[Ord. No. 2772 §1, 5-20-2002]
For the purpose of this Chapter, the following terms, phrases
and words, and their derivatives, shall have the meaning given herein:
A set of engineering or site drawings that illustrate constructed
features.
A wide range of management procedures, schedules of activities,
prohibitions on practices and other management practices which have
been demonstrated to effectively control the quality and/or quantity
of storm water runoff and which are compatible with the planned land
use.
The City of Harrisonville, an incorporated community in the
State of Missouri.
The duly designated public works engineer for the City of
Harrisonville, Missouri, or his/her duly authorized agent.
Corps of Engineers.
A water conveyance located under a roadway or driveway.
The report that accompanies the storm water management plan
and includes data used for engineering analysis, results of all analysis,
design and analysis calculations (including results obtained from
computer programs) and other engineering data that would assist the
City Engineer in evaluating proposed storm water management facilities
including those requirements of the Storm Water Management Design
Manual.
A permanent storm water management structure whose primary
purpose is to temporarily store storm water runoff and release the
stored runoff at controlled rates.
Shall generally mean any of the following actions undertaken
by a public or private individual or entity:
The division of a lot, tract or parcel of land into two (2)
or more lots, plots, sites, tracts, parcels or other divisions by
plat or deed, or
Any land change for development purposes including, without
limitation, clearing, tree removal, grubbing, stripping, dredging,
grading, excavating, transporting and filling of land.
To change the runoff characteristics of a parcel of land in
conjunction with residential, commercial, industrial or institutional
construction or alteration.
A grant or reservation by the owner of land for the use of
such land by others for a specific purpose or purposes, and which
must be included in the conveyance of land affected by such easement.
Systems consisting of underground pipes, culverts and similar
functional underground structures used to convey storm water.
The wearing away of land surface by the action of wind, water,
gravity, ice, or any combination of those forces.
The control of solid material, both mineral and organic,
during a land disturbing activity to prevent its transport out of
the disturbed area by means of air, water, gravity or ice.
The land use conditions existing at the time of the most
recent official aerial photography available from the City.
The United States Federal Emergency Management Agency responsible
for administering the National Flood Insurance Program.
Flood Insurance Rate Maps which are prepared by FEMA and
show areas that are predicted to flood after intense or major storms.
Any land adjoining a river, stream, watercourse or lake,
which is likely to be flooded in a 100-year flood.
That portion of the flood hazard area identified by FEMA
as the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the regulatory flood
without cumulatively increasing the water surface elevation more than
one (1) foot.
Excavating, filling (including hydraulic fill) or stockpiling
of earth material, or any combination thereof, including the land
in its excavated or filled condition.
The condition of being impenetrable by water.
The passage or movement of water through the soil profile.
Any use of the land by any person that results in a change
in the natural cover or topography that may cause erosion and contribute
to sediment and alter the quality and/or quantity of storm water runoff.
Any action necessary to preserve storm water management facilities in proper working condition in order to serve the intended purposes set forth in Article I of this Chapter and to prevent structural failure of such facilities. Maintenance shall not include actions taken solely for the purpose of enhancing the aesthetics aspects associated with storm water management facilities.
The department responsible for all storm water management
activities and implementation of the provisions of this Chapter.
The Missouri Department of Natural Resources.
The program responsible for permitting point and non-point
discharges to the waters of the United States.
A material, e.g., natural rock, riprap, concrete, plastic,
etc., that will not experience surface wear due to natural forces
of wind, water, ice, gravity or a combination of those forces.
A storm that is capable of producing rainfall expected to
be equaled or exceeded on the average of once in one hundred (100)
years. It also may be expressed as an exceedance probability with
a one percent (1%) chance of being equaled or exceeded in any given
year.
The design and construction of a facility necessary to control
storm water runoff within and for a single development.
Shall mean:
The person who has or represents having financial or operational
control over the land disturbing activity; and/or
The landowner or person in possession or control of the land
who directly or indirectly allowed the land disturbing activity or
has benefited from it or who has failed to comply with any provision
of this Chapter.
The conditions which exist following the completion of the
land disturbing activity in terms of topography, vegetation, land
use and rate, volume or direction of storm water runoff.
Those land use conditions that existed prior to the initiation
of the land disturbing activity in terms of topography, vegetation,
land use and rate, volume or direction of storm water runoff.
The preliminary plat of a subdivision submitted pursuant
to the City's subdivision regulations.
A geographic area. Such area will generally encompass an
entire drainage basin or watershed.
The design and construction of a facility necessary to control
storm water runoff within or outside a development and for one (1)
or more developments.
A land surveyor properly registered and licensed to conduct
work within the City and the State of Missouri.
A civil engineer properly registered and licensed to conduct
work within the City and duly licensed within the State of Missouri.
Any foreman, superintendent or similar individual that is
the on-site person in charge of land disturbing activities.
Missouri State Emergency Management Agency.
Solid particulate matter, both mineral and organic, that
has been or is being transported by water, air, ice or gravity from
its site of origin.
The collection, conveyance, storage, treatment and disposal
of storm water runoff in a manner to minimize accelerated channel
erosion, increased flood damage, and/or degradation of water quality
and in a manner to enhance and ensure the public health, safety and
general welfare, which shall include a system of vegetative or structural
measures, or both, that control the increased volume and rate of storm
water runoff caused by manmade changes to the land.
The manual of design, performance and review criteria for
storm water management practices; which is the APWA Section 5600,
as amended.
Structural or non-structural storm drainage conveyance elements
such as, but not limited to: inlets, manholes/junctions, conduits,
open channels, lakes, detention basins and erosion control devices.
The set of drawings and other documents that comprise all
of the information and specifications for the drainage systems, structures,
concepts and techniques that will be used to control storm water as
required by this Chapter and the Storm Water Management Design Manual.
Also included are the supporting engineering calculations and results
of any computer analysis.
A system of vegetative, structural or other measures that
reduce or eliminate pollutants that might otherwise be carried by
storm water runoff.
The direct response of a watershed to precipitation and includes
the surface and subsurface runoff that enters a ditch, stream, storm
drain or other concentrated flow during and following the precipitation.
Shall mean:
The creation of one (1) or more new streets, alleys or other
public ways; or the changing of any rights-of-way of any existing
streets, alleys or other public ways.
Any division or redivision of a lot, tract or parcel of land
regardless of its prospective use. Such subdivision may be accomplished
by platting or by description of metes and bounds or otherwise into
two (2) or more lots or other divisions for sale or improvement. The
following are not defined as subdivisions:
The combination or recombination of portions of previously platted
lots where the total number of lots is not increased and the resultant
lots are in accordance with the rules and regulations contained in
the City's subdivision regulations and with the City's zoning ordinance.
Division or sale of land by judicial decree which shall not
be deemed a division for purposes of this Chapter.
The acquisition of land for the purpose of widening or opening
of streets when the acquisition and work is done by the City, State
or other governmental agency.
The division of land into parcels greater than five (5) acres
where no street right-of-way dedication is involved.
An open channel with a lining of grass, rock, riprap or other
materials which can function to convey storm water runoff without
causing erosion.
A storm that is capable of producing rainfall expected to
be equaled or exceeded on the average of once in ten (10) years. It
may also be expressed as an exceedance probability with a ten percent
(10%) chance of being equaled or exceeded in any given year.
The relinquishment from specific storm water management requirements
by the City Engineer for a land disturbing activity on a case-by-case
review basis.
Those characteristics of storm water runoff from a land disturbing
activity that relate to the physical, chemical, biological or radiological
integrity of water.
The drainage area contributing storm water runoff to a single
point.
[Ord. No. 2772 §1, 5-20-2002; Ord.
No. 3637, 3-20-2023]
A.Â
The
following development activities are exempt from the provisions of
the Storm Water Management Ordinance.
1.Â
Land disturbing activities on agricultural land for production of
plants and animals, including, but not limited to, forages and sod
crops, grains and feed crops; timber and timber products; dairy animals
and dairy products; poultry and poultry products; livestock, including
beef cattle, sheep, swine, horses, ponies, mules or goats, including
the breeding and grazing of these animals; bees; fur animals and aqua-culture.
2.Â
Removing trees or clearing by an individual property owner.
B.Â
The
construction of an agricultural structures such as broiler houses,
machine sheds, repair shops, feed lots and/or animal holding facilities,
and other major buildings which require the issuance of a building
permit, shall require the submittal and approval of a storm water
management plan prior to the start of the land disturbing activity.
[Ord. No. 2772 §1, 5-20-2002]
The Storm Water Management Design Manual shall be the APWA Section
5600 or as amended by the City Engineer. This manual shall provide
guidance and design criteria for the evaluation of storm water management
facilities. This Section shall supersede any conflicts with the Design
Manual. Required guidelines, design procedures and criteria are presented,
and although the intention of the manual is to establish uniform design
practices, it neither replaces the need for engineering judgment nor
precludes the use of information not presented. At the discretion
of the City Engineer, other engineering procedures may be used to
conduct hydrologic and hydraulic analysis.
[Ord. No. 2772 §1, 5-20-2002]
B.Â
A land disturbance permit shall not be issued, as required by Section 410.570 of the Subdivision Regulations, or modified without the following:
C.Â
Any
and all land disturbance permits may be revoked at any time if the
construction of storm water management facilities is not in strict
accordance with approved plans.
D.Â
In
addition to the plans and permits required from the City, applicants
shall obtain all State and Federal permits required for the proposed
development.
[Ord. No. 2772 §1, 5-20-2002; Ord.
No. 3650, 5-1-2023]
All fees are listed in the City's Comprehensive Schedule of
Fees.[1]
[1]
Editor's Note: The Comprehensive Schedule of Fees is on file
in the City offices.
[Ord. No. 2772 §1, 5-20-2002]
A.Â
A land
disturbance permit may be suspended or revoked if one (1) or more
of the following violations have been committed:
1.Â
Violation(s) of the conditions of the storm water management plan;
2.Â
Construction not in accordance with the intent of the approved plans;
3.Â
Failure to obtain all relevant Federal, State and local permits;
4.Â
Non-compliance with correction notice(s) or stop work orders(s);
or
5.Â
The existence of an immediate danger in a downstream area in the
judgment of the City Engineer.
B.Â
If
one (1) or more of these conditions is found, a written notice of
violations shall be served upon the owner or authorized representative
and an immediate stop work order may be issued. The notice shall set
forth the measures necessary to achieve compliance with the plan.
Correction of these violations must be started immediately or the
owner shall be deemed in violation of this Chapter.
