City of Harrisonville, MO
Cass County
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Table of Contents
Table of Contents
[Ord. No. 2772 §1, 5-20-2002]
A. 
The City Engineer may grant a waiver from the requirements of this Storm Water Management Ordinance if there are unique and exceptional physical circumstances or conditions applicable to the site such that strict adherence to the provisions of the ordinance will result in unnecessary hardship and not fulfill the intent of the ordinance. Economic hardships do not constitute grounds for a waiver.
B. 
A written request for a waiver prepared by a professional engineer shall be required and shall state the specific waiver sought and the reasons, with supporting data, for their granting. The request shall be in the format of a preliminary storm water management plan and include descriptions, drawings, calculations and any other information that is necessary to evaluate the proposed waiver.
C. 
The City Engineer will conduct a review of the request for a waiver within a reasonable period of time.
[Ord. No. 2772 §1, 5-20-2002]
Any person aggrieved by a decision of the City Engineer (including any decision with reference to the granting or denial of a waiver from the terms of this Chapter) may appeal any such decision by filing a written notice of appeal with the City Engineer within thirty (30) calendar days of the issuance of said decision by the City Engineer. The City Engineer can then reverse his/her decision or send this notice to the Board of Aldermen, or their designated representatives, with comments. A notice of appeal shall state the specific reasons why the decision of the City Engineer is alleged to be in error and the City Engineer shall prepare and send to the Board of Aldermen, or their designated representatives, and appellant a written response to said notice of appeal. All such appeals may be heard by the Board of Aldermen or the Public Work Committee. Said appeal may be heard at its next regularly scheduled meeting date.
[Ord. No. 2772 §1, 5-20-2002]
A. 
Upon determination that a violation of this Chapter has occurred, the owner shall be given a written notice of the violations and the time in which to correct the deficiencies.
B. 
If construction violations of the approved plan are occurring, an immediate stop work order may be issued by the City Engineer.
C. 
Any person violating this Chapter or any part thereof, including failing to stop work upon order, shall upon conviction thereof be fined not more than two hundred dollars ($200.00)/day or imprisoned not more than thirty (30) days for each offense. Such violations continued shall constitute a new and separate offense and be punished, as aforesaid, for each separate period of violation.
D. 
The City Attorney may institute injunctive or other appropriate action or proceedings at law or equity for the enforcement of this Chapter or to correct violations of this Chapter, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.
[Ord. No. 2772 §1, 5-20-2002]
A. 
Any person requesting the City to provide design and/or construction related services to address storm water management facility improvements shall:
1. 
Verify the problem is located within a regional storm water management facility and not the result of a single lot drainage problem.
2. 
Request the City Engineer or a professional engineer to prepare an evaluation of the storm water management facility in accordance with this Chapter.
3. 
The evaluation will then be categorized in accordance with the public works storm water rating system for inclusion to the capital improvements plan.
[Ord. No. 2772 §1, 5-20-2002]
Any applicant or owner of a parcel of land within the jurisdiction of the City who has constructed the required storm water management facility or who is in the process of meeting the storm water management requirements of the law at the time of the effective date of this Chapter may elect to apply to the City Engineer for reconsideration under the provisions of this Chapter.
[Ord. No. 2772 §1, 5-20-2002]
Whenever the provisions of this Chapter impose more restrictive standards than are required in or under any other ordinance, the regulations herein contained shall prevail. Whenever the provisions of any other ordinance require more restrictive standards than are required herein, the requirements of such shall prevail.
[Ord. No. 2772 §1, 5-20-2002]
If any term, requirement or provision of this Chapter or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Chapter or the application of such terms, requirements and provisions to persons or circumstances, other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term, requirement or provision of this Chapter shall be valid and be enforced to the fullest extent permitted by law.
[Ord. No. 2772 §1, 5-20-2002]
This Chapter may be amended in the manner as prescribed by law for its original adoption. Before the City Governing Body amends this Chapter, it must seek the advice of the City Engineer who will make a recommendation for each amendment.
[Ord. No. 2772 §1, 5-20-2002]
Neither the approval of a plan under the provisions of this Chapter nor the compliance with the provisions of this Chapter shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor shall it impose any liability upon the City for damage to any person or property.
[Ord. No. 2772 §1, 5-20-2002]
The ordinance shall be effective within thirty (30) days after adoption of this Chapter by the City and by reference to the Storm Water Management Design Manual, as amended.