[Ord. No. 2470, 11-13-2018[1]]
A.Â
The provisions of this Chapter shall constitute and be known as the
"Storm Water Management Ordinance" for the City of Richmond, Missouri,
hereby called the "City."
B.Â
The purpose of this Chapter is to protect, maintain and enhance the
public health, safety and general welfare by establishing the minimum
requirements and procedures to control the adverse effects of increased
storm water runoff associated with both future land development 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 on the attainment and maintenance
of water quality standards, enhance the local government associated
with the drainage system, reduce local flooding, maintain as nearly
as possible the pre-developed runoff characteristics of the area and
facilitate economic development while mitigating associated flooding
and drainage impacts.
C.Â
The application of this Chapter and the 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. In addition, 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. Should
the requirement contained in this Chapter and guide not be followed,
then APWA (American Public Works Association) Section 5600 Development
Criteria for storm drainage systems and facilities shall apply. The
Community Development Director shall be responsible for the coordination
and enforcement of the provisions of this Chapter.
D.Â
If at some time in the future NPDES storm water regulations are applied
to Richmond, then future development will be required to meet the
criteria required by NPDES storm water regulations and those requirements
shall be incorporated into this Chapter.
[Ord. No. 2470, 11-13-2018]
For the purposes 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 delineate the
specific permitted storm water management facility as actually constructed.
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 Richmond, Missouri.
The official responsible for the administration of the City
or his/her duly authorized representative.
The Department of Community Development established by the
Council of the City of Richmond, Missouri.
The individual designated by the City Administrator to direct
the operations of the Community Development Department.
A culvert located under a roadway.
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 in evaluating proposed storm water management facilities.
A professional engineer, architect or land surveyor licensed
in the State of Missouri who prepares plans and studies required by
this Chapter.
A permanent storm water management structure whose primary
purpose is to temporarily store storm water runoff and release the
stored runoff at controlled rates.
To change the runoff characteristics of a parcel of land
in conjunction with residential, commercial, industrial or institutional
construction or alteration.
The land use conditions according to the current, official
Zoning Map adopted by the City of Richmond, Missouri.
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, including without limitation, clearing, tree
removal, grubbing, stripping, dredging, grading, excavating, transporting
and filling of land.
A grant or reservation by the owner of land for the use of
such land by others for a specific purpose and which must be included
in the conveyance of land affected by such easement.
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.
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 decree to which a site is impervious.
The passage or movement of water through the soil profile.
A culvert that is not located under a roadway.
Any use of 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 aesthetic aspects associated with storm water management facilities.
Waterways that are part of the natural topography. They usually
maintain a continuous or seasonal flow during the year and are characterized
as being irregular in cross-section with a meandering course. Construction
channels such as drainage ditches shall not be considered natural
waterways.
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.
Pollution contained in storm water runoff from ill defined,
diffused sources.
The Zoning Map adopted by the City Council showing the zoning
districts, streets, highways and parts theretofore laid out, adopted
and established by law and any amendments thereto resulting and adopted
by the City Council or additions thereto resulting from the approval
of subdivision plats and the subsequent filing of such approved plats.
The design and construction of a facility necessary to control
storm water runoff within and for single development.
A storm that is capable of producing rainfall expected to
be equaled or exceeded on the average of one (1) 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 person who has or represents those 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 residential or commercial subdivision
submitted pursuant to the City's subdivision regulations.
A final field survey which locates the visible surface features
of a constructed storm water facility on the ground, but without locating
non-visible or subsurface features such as the actual route and elevation
of buried pipe.
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 civil engineer properly registered and licensed in the
State of Missouri.
A land surveyor properly registered and licensed in the State
of Missouri.
A landscape architect properly registered and licensed in
the State of Missouri.
Any foreman, superintendent or similar individual who is
the on-site person in charge of land disturbing activities.
A permanent structure whose primary purpose is to permanently
store a given volume of storm water runoff. Release of the given volume
is by infiltration and/or evaporation.
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 installation of vegetative or structural measures to
establish a soil cover to reduce soil erosion by storm water runoff,
wind, ice and gravity.
A plan for the staged construction of storm water facilities
where portions of the facilities will be constructed as different
stages of the proposed development are started or completed.
The overall proposal for a storm drainage system, including
storm water management structures, and supporting documentation as
specified in the Storm Water Management Design Guide for each proposed
private or public development to the extent permitted by law. Also
included are the supporting engineering calculations and results of
any computer analysis, if necessary.
The manual of design, performance and review criteria for
storm water management practices prepared under the direction of the
City or contacted professional. Copies of this manual can be obtained
from the City.
Those structures and facilities that are designed for the
collection, conveyance, storage, treatment and disposal of storm water
runoff into and through the drainage system.
The set of drawings and other documents that comprise all
of the information and specifications for the drainage systems, structure,
concepts and techniques that will be used to control storm water as
required by this Chapter and the Storm Water Management Design Guide.
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.
The division of land into two (2) or more lots or parcels.
The term "subdivision" shall also include all re-subdivisions of land
or lots.
The division of land into two (2) but not more than four
(4) lots which does not include any new streets, improvements, easements
or rights-of-way; a division of land in which each parcel is five
(5) acres or more in area and does not include any new streets, improvements,
easements or rights-of-way, or other provisions for public areas and
facilities; the division of land held in a bona fide partnership in
existence for two (2) or more years upon dissolution thereof; a division
of land among the immediate members of a family for personal use which
does not include any new streets, improvements, easements or rights-of-way.
Does not include any new streets, easements, right-of-way, rights
of ingress or egress but shall include an approved sewer and water
system.
Does not include a provision for a public area or public facility.
Conforms to the minimum lot area and other requirements contained
in the Zoning Code.
Conveys the right-of-way necessary for road widening and maintenance
of City roads where the granting of such right-of-way can be given
without undue hardship.
A structure measured with a lining of grass, riprap or other
materials which can function as a detention structure and 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.
A storm that is capable of producing rainfall expected to
be equaled or exceeded on the average of once in twenty-five (25)
years. It may also be expressed as an exceedance probability with
a four percent (4%) chance of being equaled or exceeded in any given
year.
A storm that is capable of producing rainfall expected to
be equaled or exceeded on the average of once in two (2) years. It
may also be expressed as an exceedance probability with a fifty percent
(50%) chance of being equaled or exceeded in any given year.
The modification by the City Council of the minimum storm
water management requirements for specific circumstances where the
strict adherence of the requirements would result in unnecessary hardship
and not fulfill the intent of this Chapter.
The relinquishment from storm water management requirements
by the City Council for a specific land disturbing activity on a case-by-case
review basis.
Those characteristics of storm water runoff from a land disturbing
activity that relates to the physical, chemical, biological or radiological
integrity of water.
Those characteristics of storm water runoff that relate to
the rate and volume of the storm water runoff to downstream areas
resulting from land disturbing activities.
The drainage area contributing storm water runoff to a single
point.
[Ord. No. 2470, 11-13-2018]
All storm water ditches, creeks, streams or waterways are to
be maintained by the adjoining property owners and shall be kept free
from leaves, brush and debris to maintain a continuous flow of water
except where such ditches, creeks and waterways are designated as
part of the City critical storm water management system by the City
of Richmond.
[Ord. No. 2470, 11-13-2018]
No person shall develop any land without having provided for appropriate storm water management measures that control or manage runoff in compliance with this Chapter, unless exempted in Section 412.040.
[Ord. No. 2470, 11-13-2018]
A.Â
The following development activities are exempt from the provisions
of this Chapter and the requirements of providing storm water management
measures:
[Ord. No. 2470, 11-13-2018]
A.Â
To assist in the design and evaluation of storm water management
facilities in the City, a Storm Water Management Design Guide has
been developed. Example design procedures and criteria are presented
for conducting hydrologic and hydraulic evaluations. Although the
intention of the guide is to establish uniform design practices, it
neither replaces the need for engineering judgment nor precludes the
use of information not presented. Other accepted engineering procedures
may be used to conduct hydrologic and hydraulic studies if approved
by the City.
B.Â
If individual lots or sections in a residential/commercial subdivision
are being developed by different property owners, all land disturbing
activities related to the residential/commercial subdivision shall
be covered by the approved storm water management plan for the residential/commercial
subdivision. Individual lot owners or developers shall sign a certificate
of compliance that all activities on that lot will be carried out
in accordance with the approved storm water management plan for the
residential/commercial subdivision on file in the office of the Community
Development Director.
C.Â
Residential/commercial subdivisions which were approved for construction
by the City Council prior to the effective date of these regulations
are exempt from these requirements. Development of new phases of existing
subdivisions which were not previously approved shall comply with
the provisions of these regulations.
D.Â
For residential land disturbing activities involving three (3) acres or less of actual land disturbance which are not part of a larger common plan of development or sale, the person responsible for the land disturbing activity shall submit a simplified storm water management plan to the Community Development Department meeting the requirements listed below. This plan does require approval by the City but does not require preparation of certification by the designers specified in Section 412.150. All commercial developments regardless of size must conform to Sections 412.060 through 412.150 unless a waiver is granted by the City.
1.Â
A narrative description of the storm water management facilities
to be used.
2.Â
A general description of topographic and soil conditions of
the development site.
3.Â
A general description of adjacent property and a description
of existing structures, buildings and other fixed improvements located
on surrounding properties.
4.Â
A sketch plan to accompany the narrative which shall contain:
a.Â
A site location drawing of the proposed project, indicating
the location of the proposed project in relation to roadways, jurisdictional
boundaries, streams and rivers;
b.Â
The boundary lines of the site on which the work is to be performed;
c.Â
All areas within the site which will be included in the land
disturbing activities shall be identified and the total disturbed
area calculated;
d.Â
A topographic map of the site and adjacent property to show
that the proposed project will not result in storm water draining
onto adjacent properties;
e.Â
Anticipated starting and completion dates of the various stages
of land disturbing activities and the expected date the final stabilization
will be completed; and
f.Â
The location of temporary and permanent vegetative and structural
storm water management control measures.
5.Â
Storm water management plans shall contain certification by
the person responsible for the land disturbing activity that the land
disturbing activity will be accomplished pursuant to the plan on file
in the office of the Community Development Director.
6.Â
Storm water management plans shall contain certification by
the person responsible for the land disturbing activity of the right
of City to conduct on-site inspections on file in the office of the
Community Development Director.
[Ord. No. 2470, 11-13-2018]
A.Â
A storm water concept plan for development shall be submitted for
review by the Community Development Director prior to submission of
the storm water management plan and construction plans for the entire
development, or any portion thereof. The storm water concept plan
must identify the location and type of facilities to be constructed
in sufficient detail to accurately estimate construction cost and
enable the Community Development Department to determine if a storm
water management plan is needed. If they determine a final storm water
management plan is needed, the concept plan then becomes the basis
for the storm water management plan for this development.
B.Â
All preliminary plats of the development shall be consistent with the storm water concept plan required in Subsection (A) above.
C.Â
Upon approval of the concept plan by the Community Development Department
the applicant shall submit a final storm water management plan (as
part of the construction plans).
D.Â
Should any storm water management plan involve any storm water management
facilities or land to be dedicated to public use, the same information
shall also be submitted for review to the department having jurisdiction
over the land or other appropriate departments or agencies prior to
submission to the City Council for review and approval. The final
storm water management plan shall serve as the basis for all subsequent
construction.
E.Â
If disapproved by the City Council, the storm water management plan
may be reviewed with the designer, where it will either be changed,
modified or resubmitted. If rejected, changes, additional analysis
or other information needed to approve the next submittal of the concept
plan shall be identified by the City Council. After the receipt of
the revised storm water management plan, the City Council shall issue
a decision approving, rejecting or conditionally approving the plan
with modification.
[Ord. No. 2470, 11-13-2018]
B.Â
No site grading permit shall be issued or modified without the following:
1.Â
Right of entry for emergency maintenance if necessary. (See
Exhibits E and F which are on file in the office of the Community
Development Director.)
2.Â
Right of entry for inspections. (See Exhibits E and F which
are on file in the office of the Community Development Director.)
3.Â
Any off-site easement needed.
4.Â
An approved storm water concept plan or storm water management
plan, as appropriate.
5.Â
An approved storm water ownership and maintenance plan.
C.Â
The approved storm water management plan shall contain certification
by the applicant that all land clearing, construction, development
and drainage will be done according to the storm water management
plan or previously approved revisions. Any and all site grading permits
may be revoked at any time if the construction of storm water management
facilities is not in strict accordance with approved plans. (See Exhibit
C which is on file in the office of the Community Development Director.)
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. 2470, 11-13-2018]
A filing fee as specified in the Schedule of Fees, Article V, Section 400.640 shall accompany all plans.
[Ord. No. 2470, 11-13-2018]
A.Â
A site grading 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 as approved.
2.Â
Construction not in accordance with the approved plans.
3.Â
Non-compliance with correction notice(s). (See Exhibit H which
is on file in the office of the Community Development Director.)
4.Â
The existence of an immediate danger in a downstream area in
the judgment of the Community Development Director or his/her designee.
B.Â
If one (1) or more of these conditions are found, a written notice
of violation(s) 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.
[Ord. No. 2470, 11-13-2018]
A.Â
The following standards shall constitute minimum runoff control requirements:
1.Â
The minimum storm water control requirements shall provide management
measures necessary to accomplish the following:
a.Â
Install storm water management facilities to limit the two-year
and ten-year developed peak discharge rates. The design of these facilities
shall be based on procedures contained in the Storm Water Management
Design Guide or procedures approved by the Director of Public Works.
At a minimum, enclosed systems must incorporate the APWA 5,600 requirement
to convey the ten-year event (larger as appropriate for street/roadway
crossings) and all new drainage systems must prove either in-pipe,
in-channel, or at least an adequate overload flow patch for the one-hundred-year
event that does not encroach on existing structures or must be at
least fifty (50) feet setback from any proposed structures. The two-year
and ten-year design storms cover the range of normal flooding. Structures
must be analyzed for both. The twenty-five-, fifty- or one-hundred-year
storm events shall be used for structures under local, State and Federal
roadways respectively.
b.Â
There shall be a minimum setback of fifty (50) feet from the
defined one-hundred-year flow-path for all new construction.
c.Â
The requirements or portions thereof of Subsections (A)(1)(a) and (b) above may be waived by the City Council if it can be shown by the detailed engineering calculations and analysis which are acceptable to the City that one (1) of the following exists:
(1)Â
The installation of storm water management facilities
would have insignificant effects on reducing downstream flood peaks;
(2)Â
Storm water management facilities are not needed
to protect downstream developments and the downstream drainage system
has sufficient capacity to receive any increase in runoff for the
design storm;
(3)Â
It is not necessary to install storm water management
facilities to control developed peak discharge rates at the exit to
a proposed development and installing such facilities would increase
flood peaks at some downstream locations; or
(4)Â
The Community Development Department determines
that storm water management facilities are not needed to control developed
peak discharge rates and installing such facilities would not be in
the best interest of the City.
d.Â
The requirements or portions thereof of Subsection (A)(1)(a) above may not be waived if the City determines that not controlling downstream flood peaks would increase known flooding problems or exceed the capacity of the downstream drainage system.
e.Â
A waiver shall only be granted after a written request is submitted
to the City Administrator through the Community Development Department
by the applicant containing descriptions, drawings and any other information
that is necessary to evaluate the proposed land disturbing activity.
A separate written waiver request shall be required if there are subsequent
additions, extensions or modifications which would alter the approved
storm water runoff characteristics to a land disturbing activity receiving
a waiver. The City will conduct a review of the request for a waiver.
f.Â
Discharge velocities shall be reduced to provide a non-erosive
velocity flow from a structure, channel or other control measure or
the velocity of the ten-year design storm runoff in the receiving
waterway prior to the land disturbing activity, whichever is greater.
2.Â
For all storm water management facilities, a hydrologic-hydraulic
study shall be done showing how the drainage system will function
with and without the proposed facilities. For such studies, the following
land use conditions shall be used. Existing land use data shall be
taken from the most recent aerial photography and field checked and
updated.
a.Â
For the design of the facility outlet structure, use developed
land use conditions for the area within the proposed development and
existing land use conditions for upstream areas draining to the facility.
b.Â
For any analysis of flood flows downstream from the proposed
facility using existing land use conditions for all downstream areas.
c.Â
All storm water management facilities emergency spillways shall
be checked using the one-hundred-year storm and routing flows through
the facility and emergency spillways. For this analysis, developed
land use conditions shall be used for all areas within the analysis.
d.Â
If accepted for City maintenance, the effects of existing upstream
detention facilities can be considered in the hydrologic-hydraulic
study.
[Ord. No. 2470, 11-13-2018]
A.Â
Storm water management facilities may include both structural and
non-structural elements. Natural swales and other natural runoff conduits
shall be retained where practicable.
B.Â
When additional storm water management facilities are required to
satisfy the minimum control requirements, the following measures are
examples of what may be used:
C.Â
Where detention and retention structures are used, designs which
consolidate these facilities into a limited number of large structures
will be preferred over designs which utilize a large number of small
structures.
D.Â
Storm water management plans may be rejected by the City if they
incorporate structures and facilities that will demand considerable
maintenance will be difficult to maintain or utilize numerous small
structures if other alternatives are physically possible.
E.Â
The drainage system and all storm water management structures within
the City (including both public and private portions) will be designed
to the same engineering and technical criteria and standards. The
City's review will be the same whether the portion of the drainage
system will be under public or private control or ownership.
F.Â
All storm water management measures shall be designed in accordance
with the design criteria contained in the Storm Water Management Design
Guide using procedures contained in this manual or procedures approved
by the City.
[Ord. No. 2470, 11-13-2018]
A.Â
Storm water management plans shall include at a minimum the following:
1.Â
A vicinity map indicating a north arrow, scale, boundary lines
of the site and other information necessary to locate the development
site.
2.Â
The existing and proposed topography of the development site.
3.Â
Physical improvements on the site, including present development
and proposed development.
4.Â
Location, dimensions, elevations and characteristics of all
storm water management facilities.
5.Â
All areas within the site which will be included in the land
disturbing activities shall be identified and the total disturbed
area calculated.
6.Â
The location of temporary and permanent vegetative and structural
storm water management control measures.
7.Â
An anticipated starting and completion date of the various stages
of land disturbing activities and the expected date the final stabilization
will be completed.
8.Â
A determination that no occupied first floor elevation of any
structure is below the one-hundred-year plus one-foot flood elevation.
9.Â
At the direction of the Community Development Director, for
all portions of the drainage system which are expected to carry between
fifty (50) and one hundred fifty (150) cfs for the one-hundred-year
storm, the one-hundred-year plus one-foot flood elevation analysis,
the Community Development Department will determine if one (1) of
the following conditions may exist.
10.Â
For all portions of the drainage system which are expected to
carry one hundred fifty (150) cfs (cubic feet per second) or more
for the one-hundred-year storm, the one-hundred-year plus one-foot
flood elevation analysis shall be done and flood limits shall be shown
on the storm water management plans.
11.Â
Storm water management plans shall include designation of all
easements needed for inspection and maintenance of the drainage system
and storm water management facilities. At a minimum, easements shall
have the following characteristics:
a.Â
Provide adequate access to all portions of the drainage system
and structures.
b.Â
Provide sufficient land area for maintenance equipment and personnel
to adequately and efficiently maintain the system with a minimum of
ten (10) feet along both sides of all drainage ways, streams, channels,
etc., and around the perimeter of all detention and retention facilities
or sufficient land use area for equipment access for maintenance of
all storm water management facilities. The distance shall be measured
from the top of the bank or toe of the dam, whichever is applicable.
c.Â
Restriction on easements shall include prohibiting all fences
and structures which would interfere with access to the easement areas
and/or the maintenance function of the drainage system.
12.Â
To improve the aesthetic aspects of the drainage system, a landscape
plan for all portions of the drainage system shall be part of the
storm water management plan. This landscape plan shall address the
following:
a.Â
Tree saving and planting plan.
b.Â
Types of vegetation that will be used for stream bank stabilization,
erosion control, sediment control, aesthetics and water quality improvement.
c.Â
Any special requirements related to the landscaping of the drainage
system and efforts necessary to preserve the natural aspects of the
drainage system.
13.Â
To improve the water quality aspects of the drainage system,
the storm water management plan shall include best management practices
to control the water quality of the runoff during the land disturbing
activities and during the life of the development. This requirement
is in addition to the requirements of the Missouri Department of Natural
Resources Storm Water Pollution Prevention Permit.
14.Â
The storm water management plans shall include all engineering
calculations needed to design the system and associated structures
including pre- and post-development velocities, peak rates of discharge
and inflow and outflow hydrographys of storm water runoff at all existing
and proposed points of discharge from the site.
15.Â
Description of site conditions around points of all surface
water discharge including vegetation and method of flow conveyance
from the land disturbing activity.
16.Â
Construction and design details for structural controls.
17.Â
The expected timing of flood peaks through the downstream drainage
system shall be assessed when planning the use of detention facilities.
18.Â
In determining downstream effects from storm water management
structures and the development, hydrologic-hydraulic engineering studies
shall extend downstream to a point where the proposed development
represents less than ten percent (10%) of the total watershed.
19.Â
All storm water management facilities and all major potions
of the conveyance system through the proposed development (i.e., channels,
culverts) shall be analyzed using the design and one-hundred-year
storms for design conditions and operating conditions which can reasonably
be expected during the life of the facility. The results of the analysis
shall be included in the hydrologic-hydraulic study.
20.Â
If the storm water management plan and/or design report indicates
that there may be a drainage or flooding problem at the exit to the
proposed development or at any location between the exit point and
the ten percent (10%) downstream point, the Director of Community
Development may require:
21.Â
All storm water management plans submitted for approval shall
contain certification by the person responsible for the land disturbing
activity that the land disturbing activity will be accomplished pursuant
to the approved plan and that responsible personnel will be assigned
to the project. (See Exhibit C which is on file in the office of the
Community Development Director.)
22.Â
All storm water management plans shall contain certification,
by the person responsible for the land disturbing activity, of the
right of the City to conduct on-site inspections. (See Exhibit D which
is on file in the office of the Community Development Director.)
23.Â
No storm water management plan shall be considered approved
without the inclusion of an approval signature and date on the plans
by the Director of Community Development or his/her designee. The
approval on the plan is solely an acknowledgement of satisfactory
compliance with the requirements of these regulations. The approval
does not constitute a representation or warranty to the applicant
or any other person concerning the safety, appropriateness or effectiveness
of any provision or omission from the storm water management plan.
24.Â
Approved storm water management plans remain valid for five
(5) years from the date of approval. Extensions or renewals of the
plan approvals may be granted by the City Administrator upon written
request by the person responsible for land disturbing activity.
[Ord. No. 2470, 11-13-2018]
A.Â
The hydrologic criteria to be used for the storm water concept and
storm water management plans shall be as follows:
1.Â
Twenty-five-year design storm for all cross-drain culverts and
drainage designs.
2.Â
Ten-year design storm for all interior culverts and drainage
designs.
3.Â
Two-year and ten-year design storms for all detention and retention
basins using procedures contained in the Storm Water Management Design
Guide or approved by the Community Development Director.
4.Â
All drainage designs and systems shall be checked using the
one-hundred-year storm for analysis of local flooding and possible
flood hazards to adjacent structures and/or property. This check shall
include completion of flow calculations for the one-hundred-year extent
for all drainage systems. The plan shall include a narrative description
of how the one-hundred-year flows are to be conveyed. If not included,
then the one-hundred-year overflow amount, depth velocity and flow
width must be calculated and shown on the plans.
6.Â
For the design of storage facilities, a secondary outlet device
or emergency spillway shall be provided to discharge the excess runoff
in such a way that no danger of loss of life or facility failure is
created. The size of the outlet device or emergency spillway shall
be designed to pass the one-hundred-year storm as a minimum requirement.
[Ord. No. 2470, 11-13-2018]
A.Â
Following are the criteria related to using storm water management
facilities for water quality purposes:
1.Â
Ponds, Lakes And Reservoirs.
a.Â
When the land disturbing activity consists of the construction
of a pond, lake or reservoir which is singly built and not part of
a permitted land disturbing activity, the following procedures will
apply:
(1)Â
A storm water management plan will not be required
if the pond, lake or reservoir is permitted under the State Dams and
Reservoirs Safety Act or has received a Certificate of Exemption from
the State Dams and Reservoirs Safety Act. Best management practices
should be used to minimize the impact of erosion and sediment.
(2)Â
A storm water management plan will be required for the construction of all ponds, lakes or reservoir not meeting the conditions in Subsection (A)(1)(a)(1) above that otherwise meet the size requirement for storm water management plan approval.
b.Â
When ponds are used for water quality protection, the ponds
shall be designed as both quantity and quality control structures.
Sediment storage volume shall be calculated considering the clean
out and maintenance schedules specified by the designer during the
land disturbing activity. Sediment storage volumes may be predicted
by the Universal Soil Loss Equation or other methods acceptable to
the Community Development Director.
c.Â
Storm water runoff and drainage to a single outlet from land
disturbing activities which disturb ten (10) acres or more shall be
controlled during the land disturbing activity by a sediment basin
where sufficient space and other factors allow these controls to be
used until inspection. The sediment basin shall be designed and constructed
to accommodate the anticipated sediment loading from the land disturbing
activity and meet a removal efficiency of eighty percent (80%) suspended
solids or five-tenths (0.5) ML/L peak set table solids concentration,
whichever is less. The outfall device or system design shall take
into account the total drainage area flowing through the disturbed
area draining to the basin.
d.Â
Other practices may be acceptable to the City if they achieve
an equivalent removal efficiency of eighty percent (80%) for suspended
solids or five-tenths (0.5) ML/L peak set table solids concentration,
whichever is less. The efficiency shall be calculated for disturbed
conditions for the ten-year twenty-four-hour design storm event.
e.Â
Permanent water quality ponds having a permanent pool shall
be designed to store and release the first one-half (1/2) inch of
runoff from the site over a twenty-four-hour period. The storage volume
shall be designed to accommodate at least one-half (1/2) inch of runoff
from the entire site.
f.Â
Permanent water quality ponds, not having a permanent pool,
shall be designed to release the first inch of runoff from the site
over a twenty-four-hour period.
g.Â
The use of measures other than ponds to achieve water quality
improvement are recommended on sites containing less than ten (10)
disturbed acres.
2.Â
Infiltration Practices.
a.Â
Permanent infiltration practices, when used, shall be designed
to accept, at a minimum, the first inch of runoff from all impervious
areas.
b.Â
Area drainage to infiltration practices must be established
and vegetative filters established prior to runoff entering the system.
Infiltration practices shall not be used if a suspended solids filter
system does not accompany the practice. If vegetation is the intended
filter, there shall be at least a twenty (20) feet width of vegetative
filter prior to storm water runoff entering the infiltration practice.
c.Â
The bottom of the infiltration practice shall be at least two
(2) feet above the seasonal high water table, whether perched or regional,
determined by direct piezometer measurements which can be demonstrated
to be representative of the maximum height of the water table on an
annual basis during years of normal precipitation or by the depth
in the soil at which mottling first occurs.
d.Â
The infiltration practice shall be designed to completely drain
off water within seventy-two (72) hours.
e.Â
Soils must have adequate permeability to allow water to infiltrate.
Infiltration practices are limited to soils having an infiltration
rate of at least thirty-hundredths (0.30) inches per hour. Initial
consideration will be based on a review of the appropriate soil survey,
and the survey may serve as a basis for rejection. On-site soil borings
and textural classifications must be accomplished to verify the actual
site and seals on high water table conditions when infiltration is
to be utilized.
f.Â
Infiltration practice greater than three (3) feet deep shall
be located at least ten (10) feet from basement walls.
g.Â
Infiltration practices designed to handle runoff from impervious
parking areas shall be a minimum of one hundred fifty (150) feet from
any public or private water supply wall.
h.Â
The design of infiltration practice shall provide an overflow
system with measures to provide a non-erosive velocity of flow along
its length and at the outfall.
i.Â
The slope of the bottom of the infiltration practice shall not
exceed five percent (5%). Also, the practice shall not be installed
in fill material, as piping along the fill/natural ground interface
may cause slope failure.
j.Â
An infiltration practice shall not be installed on or atop a
slope whose natural angle of incline exceeds twenty percent (20%).
k.Â
Clean outs will be provided, at a minimum, every one hundred
(100) feet along the infiltration practice to allow for access and
maintenance.
[Ord. No. 2470, 11-13-2018]
A.Â
Storm water concept and storm water management plans and design reports
that are incidental to the overall or ongoing site design shall be
prepared, certified and stamped/sealed by a qualified registered Missouri
professional engineer, land surveyor or landscape architect using
acceptable engineering standards and practices. All other storm water
concept and storm water management plans and design reports shall
be prepared, certified and stamped/sealed by a qualified registered
Missouri professional engineer using acceptable engineering standards
and practices.
B.Â
The engineer, surveyor or landscape architect shall perform services
only in areas of his/her competence and shall undertake to perform
engineering or land surveying assignments only when qualified by education
and/or experience in the specific technical field. In addition, the
engineer, surveyor or landscape architect must verify that the plans
have been designed in accordance with this Chapter and the standards
and criteria stated or referred to in this Chapter.
[Ord. No. 2470, 11-13-2018]
A.Â
All storm water management facilities shall be privately owned and
maintained unless the City Council accepts the facility for municipal
ownership and maintenance. The owner of all private facilities shall
grant to the City a perpetual non-exclusive easement which allows
for public inspection and emergency repair.
B.Â
All storm water management measures relying on designed vegetated
areas or special site features shall be privately owned and maintained
as defined on the storm water management plan.
C.Â
Most regional storm water management facilities will be publicly
owned and/or maintained.
[Ord. No. 2470, 11-13-2018]
A.Â
When the City determines that additional storage capacity beyond
that required by the applicant for on-site storm water management
is necessary in order to enhance or provide for the public health,
safety and general welfare to correct unacceptable or undesirable
existing conditions or to provide protection in a more desirable fashion
for future development, the City may:
1.Â
Require that the applicant grant any necessary easement over,
through or under the applicant's property to provide access to
or drainage for such a facility;
2.Â
Require that the applicant attempt to obtain from the owners of property over, through or under where the storm water management facility is to be located any easement necessary for the construction and maintenance of same. Failing to obtain such easements, the City may, at its option, assist in such matters by purchase, condemnation, dedication or otherwise and subject to Subsection (A)(3) below, with any cost incurred thereby to be paid by the City; and/or
3.Â
Participate financially in the construction of such facility
to the extent that such facility exceeds the required on-site storm
water management as determined by the City.
B.Â
To implement this provision, both the City and developer must be
in agreement with the proposed facility that includes the additional
storage capacity and jointly develop a cost-sharing plan which is
agreeable to all parties.
[Ord. No. 2470, 11-13-2018]
A.Â
Any storm water discharge control facility which services a single lot or commercial and industrial development shall be privately owned and maintained; provided however, the owner thereof shall grant to the City a perpetual, non-exclusive easement which allows for public inspection and emergency repair in accordance with the maintenance agreement set forth in Section 412.190.
B.Â
All regional storm water discharge control facilities identified
on municipal storm water discharge control master plans shall be publicly
owned and/or maintained only if accepted for maintenance by the City
Council.
C.Â
All other storm water discharge control facilities shall be publicly
owned and/or maintained only if accepted for maintenance by the City
Council.
D.Â
Private maintenance requirements shall be a part of the plat of the
subdivision.
[Ord. No. 2470, 11-13-2018]
A.Â
A proposed inspection and maintenance agreement shall be submitted
to the Community Development Director for review for all private on-site
storm water discharge control facilities prior to the approval of
the storm water management plan. (See Exhibit I which is on file in
the office of the Community Development Director.) Such agreement
shall be in form and content acceptable to the City Council and shall
be the responsibility of the private owner. Such agreement shall provide
for access to the facility by virtue of a non-exclusive perpetual
easement in favor of the City at reasonable times for regular inspection
by the City. The agreement will identify who will have the maintenance
responsibility. Possible arrangements for this maintenance responsibility
might include the following:
B.Â
All maintenance agreements shall contain without limitation the following
provisions:
1.Â
A description of the property on which the storm water management
facility is located and all easements from the site to the facility;
2.Â
Site and configuration of the facility;
3.Â
A statement that properties which will be served by the facility
are granted right to construction, use, reconstruction, repair, maintenance
and access to the facility;
4.Â
A statement that each lot served by the facility is responsible
for repairs and maintenance of the facility and any unpaid ad valorem
taxes, public assessments for improvements and unsafe building and
public nuisance abatement liens charged against the facility, including
all interest charges together with attorney fees and cost of expenses
of collection. If an association is delegated these responsibilities,
then membership into the association shall be mandatory for each parcel
served by the facility and any successive buyer. The association shall
have the power to levy assessments for these obligations and that
all unpaid assessments levied by the association shall become a lien
in the individual parcel; and
5.Â
A statement that no amendments to the agreement will become
effective unless approved by the City Council.
C.Â
The agreement shall provide that preventive maintenance inspections
of storm water management facilities may be made by the City, at its
option, without limiting the generality of the foregoing. The City's
inspection schedule may include an inspection during the first year
of operation and once every year thereafter and after major storm
events (i.e., five- or ten-year floods).
D.Â
Inspection reports shall be maintained by the Community Development
Department.
E.Â
The agreement shall provide that if, after an inspection, the condition
of a facility presents an immediate danger to the public health, safety
or general welfare because of unsafe conditions or improper maintenance,
the City shall have the right, but not the duty, to take such action
as may be necessary to protect the public and make the facility safe.
Any cost incurred by the City shall be paid by the owner.
F.Â
The agreement shall be recorded by the owner in the Register of Deeds
prior to the final inspection and approval.
G.Â
The agreement shall provide that the Community Development Director shall notify the owner(s) of the facility of any violation, deficiency or failure to comply with this Chapter. The agreement shall also provide that upon a failure to correct violations requiring maintenance work, within thirty (30) days after notice thereof, the City may provide for all necessary work to place the facility in proper working condition. The owner(s) of the facility shall be assessed the costs of the work performed by the City pursuant to Subsection (F) above. There shall be a lien on all property of the owner(s) whose property utilizes or will utilize such facility in achieving discharge control, which lien, when filed in the Register of Deeds, shall have the same status and priority as liens for ad valorem taxes. Should such a lien be filed, portions of the affected property may be released by the City Administrator following the payments by the owner of such owner's pro rata share of the lien amount based upon the acreage to be released with such release amount to be determined by the City Administrator at his/her reasonable discretion.
H.Â
The City Administrator, at his/her discretion, may accept the certification
of a registered engineer in lieu of any inspection required by this
Chapter.
[Ord. No. 2470, 11-13-2018]
A.Â
Prior to the approval of the storm water management plan, the applicant
shall submit to the Community Development Department a proposed staged
construction and inspection control schedule. This plan shall indicate
a phase line for approval. Otherwise, the construction and inspection
control schedule will be for the entire drainage system.
B.Â
Bi-stage work, related to the construction of storm water management
facilities, shall proceed until the next proceeding stage at work,
according to the sequence specified in the approved staged construction
and inspection control schedule, is inspected and approved by the
Community Development Director or his/her designee.
C.Â
Any portion of the work which does not comply with the storm water
management plan shall be promptly corrected by the permittee.
D.Â
The permittee shall notify the Community Development Department before
commencing work to implement the storm water management plan.
E.Â
The permittee shall provide an "as-built" plan certified by a registered professional (as outlined in Section 412.120) to be submitted upon completion of the storm water management facilities included in the storm water management plan. The registered professional shall certify that:
F.Â
A final inspection shall be conducted by the Community Development
Director or his/her designee upon completion of the work included
in the approved storm water management plan to determine if the completed
work is constructed in accordance with the plan.
G.Â
The Community Development Department shall maintain a file of inspection
reports and provide copies of all inspections reports to the permittee
that include the following (See Exhibit J which is on file in the
office of the Community Development Director):
[Ord. No. 2470, 11-13-2018]
A.Â
The Board of Zoning Adjustments may grant a variance from the requirements
of this Chapter if there are exceptional circumstances applicable
to the site such that strict adherence to the provisions of the Chapter
will result in unnecessary hardship and not fulfill the intent of
the Chapter.
B.Â
A written request for a variance submitted to the Community Development
Director shall be required and shall state the specific variance and
the reasons, with supporting data, for their granting. The request
shall include descriptions, calculations and any other information
that is necessary to evaluate the proposed variance.
C.Â
Any substantial variance from the storm water management plan or
concept plan shall be referred to all agencies which reviewed the
original plan.
D.Â
The Community Development Department will conduct a review of the
request for variance and submit findings to the City Administrator
for recommendation to the City Council.
[Ord. No. 2470, 11-13-2018]
A.Â
Review Of Community Development Director Decision. Any individual
company or corporation aggrieved or prejudiced by decision of the
Community Development Director or his/her designee concerning the
storm water management ordinance shall be entitled to request a review
of said decision. Said review shall be conducted by the City Administrator
pursuant to the following procedure:
1.Â
The City Clerk shall maintain a form for requesting review before
the City Administrator.
2.Â
Said request shall be filed within ten (10) days of the applicant's
receipt of notice of the decision which is being reviewed. Said request
for review shall state the specific manner in which the decision of
the Community Development Director is alleged to be in error.
3.Â
Upon receipt of the request for review, the City Administrator
shall immediately notify the Community Development Director and the
Director shall have five (5) days in which to submit a written response
of said request for review.
4.Â
Within ten (10) days after receiving the response of the Community
Development Director or within fifteen (15) days of filing of the
notice of appeal, if no such response is submitted, the City Administrator
shall render a decision affirming, reversing or modifying the decision
of the Community Development Director. In the alternative, if deemed
appropriate by the City Administrator, the City Administrator may
decline to render a decision and direct the matter to be submitted
to the City Council and a review conducted pursuant to the following
Subsections.
B.Â
Review Of City Administrator Decision. Any individual, company or
corporation aggrieved or prejudiced by the decision of the City Administrator
concerning the storm water management ordinance shall be entitled
to request review of said decision. Said review shall be conducted
by the City Council pursuant to the following:
1.Â
City Clerk shall maintain a form requesting a review before
the City Council.
2.Â
Said request shall be filed within fifteen (15) days of the
applicant's receipt of notice of the decision of the City Administrator
which is being reviewed.
3.Â
The notice of appeal shall state the specific reason why the
decision of the City Administrator is alleged to be in error.
4.Â
Upon receipt of the appeal, the City Clerk shall immediately
notify the City Administrator of the receipt of the appeal and the
City Administrator shall have a period of five (5) days in which to
prepare a written response to said appeal. A copy of said response
shall be provided to the applicant.
5.Â
The hearing shall be held before the City Council not less than
twenty-one (21) days after receipt by the City Clerk of the request
for review, unless extended by the City Council upon mutual agreement
of the parties or for good cause shown.
6.Â
At the hearing, the City Council shall have the right to examine
the drawings, diagrams, books, records and papers pertinent to the
issues before it. The City Council shall have the power to issue any
necessary subpoenas over the signature of the City Clerk and to issue
all necessary processes to subpoena witnesses to compel by subpoena
duces tecum issued over the signature of the City Clerk, the production
of books, records, papers and other evidence and to administer oaths
and testimony.
7.Â
The individual, company or corporation aggrieved shall have
the full right to be represented by counsel and may produce witnesses
and cross-examine all witnesses who appear against him/her at any
hearing held hereunder. Witnesses may appear voluntarily at such hearing
and testimony. Before any witness shall testify in any such hearing
or proceeding, said witness shall be sworn to tell the truth by the
Mayor.
8.Â
All decisions, finding and orders of the City Council to the
proceedings shall be notified of the decision by the City Council
by certified mail to the address listed on the request for review.
9.Â
Based on the evidence produced at the hearing, the City Council
shall make an order as supported by the evidence, including the following:
a.Â
Affirm the decision of the City Administrator and/or Community
Development Director.
b.Â
Reverse the decision of the City Administrator and/or Community
Development Director.
c.Â
Affirm or reverse the decision of the City Administrator and/or
Community Development Director with such modifications to the appealed
decision as Council deems appropriate and is supported by evidence.
C.Â
Review Of City Council Decision. Following any decision or ruling
by the City Council relating to the storm water management ordinance,
any individual, company or corporation aggrieved or prejudiced by
said decision or ruling may seek judicial review of the matter provided
by law. The City Council may stay enforcement of its decision or ruling
for a period of time, not to exceed thirty (30) days, pending the
filing or final disposition of an application for judicial review.
[Ord. No. 2470, 11-13-2018]
It shall be unlawful for any person to violate any provision
of the storm water management ordinance. Upon conviction thereof,
such person shall be judged guilty of a misdemeanor and punished by
a fine not exceeding five hundred dollars ($500.00) or be incarcerated
for a period not to exceed three (3) months, or by both such fine
and incarceration. Each day's violation of, or failure, refusal
or neglect to comply with any provision of the storm water management
ordinance shall constitute a separate and district offense.
[Ord. No. 2470, 11-13-2018]
At the decision of City Council and in addition to or an alternative
remedy from the provision previously noted herein, the City Council
may seek to have the practices, violations or failure to comply with
the provision of the storm water management ordinance abated by an
action for injunction or other civil proceedings to be maintained
in the appropriate Circuit Court for the State of Missouri or other
appropriate forum.
[Ord. No. 2470, 11-13-2018]
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, September 22, 1999, may elect to apply to the City Council
for reconsideration under the provisions of this Chapter.
[Ord. No. 2470, 11-13-2018]
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 requirement of such shall prevail.
[Ord. No. 2470, 11-13-2018]
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.
