City of Excelsior Springs, MO
Clay County
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Table of Contents
Table of Contents
[Ord. No. 14-04-09 §1, 4-21-2014]
A. 
The purpose of this Chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within the City of Excelsior Springs. This Chapter seeks to meet that purpose through the following objectives:
1. 
To protect the safety and welfare of citizens, property owners, and businesses by minimizing the negative impacts of increased stormwater discharges from new land development and redevelopment.
2. 
To control the rate, quality and volume of stormwater originating from development and redevelopment sites so that surface water and groundwater are protected and flooding and erosion potential are not increased.
3. 
To encourage responsible development to occur in the City of Excelsior Springs
4. 
To control nonpoint source pollution and stream channel erosion.
5. 
To maintain the integrity of stream channels and networks for their biological functions, drainage, and natural recharge of groundwater.
6. 
To protect the condition of state (and U.S.) waters for all reasonable public uses and ecological functions.
7. 
To provide long-term responsibility for and maintenance of stormwater BMPs.
8. 
To establish legal authority to carry out all the inspection and monitoring procedures necessary to ensure compliance with this Chapter.
9. 
To enable the City of Excelsior Springs to comply with the National Pollution Discharge Elimination System permit and applicable Federal and State regulations.
[Ord. No. 14-04-09 §1, 4-21-2014]
A. 
This Chapter shall be applicable to all land development, including, but not limited to, site plan applications, subdivision applications, and grading applications, unless exempt pursuant to Section 407.030.
B. 
Some requirements within individual sections may be reduced or eliminated for sites that result in land disturbance less than one (1) acre.
C. 
Any land development that is exempt from other requirements shall still provide suitable construction site runoff control to protect adjacent properties, roadways and natural resources.
[Ord. No. 14-04-09 §1, 4-21-2014]
A. 
The following activities are exempt from this Chapter:
1. 
Projects that are exclusively for agricultural and silvicultural uses. Agricultural or silvicultural roads that are used to access other lands subject to this Chapter are not exempt. Agricultural structures that are used for other uses subject to this Chapter are not exempt.
2. 
Maintenance and repair to any stormwater BMP deemed necessary by the Director.
3. 
Any emergency project that is immediately necessary for the protection of life, property, or natural resources.
4. 
Linear construction projects, such as pipeline or utility line installation that does not result in the creation of impervious cover or land disturbance greater than one acre, as determined by the Director. Such projects must be designed to minimize the number of stream crossings and width of disturbance, and are subject to City erosion and sediment control practices.
5. 
Minor construction that does not result in land disturbance greater than one (1) acre and does not substantially alter the lay of the land or increase the impervious surface by more than ten percent (10%) as determined by the Director.
[Ord. No. 14-04-09 §1, 4-21-2014]
This Chapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, stature, or other provision of law. The requirements of this Chapter should be considered minimum requirements, and where any provision of this Chapter imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.
[Ord. No. 14-04-09 §1, 4-21-2014]
Floods from stormwater runoff may occur which exceed the capacity of stormwater drainage facilities constructed and maintained under this Chapter. This Chapter does not guarantee that property will always be free from stormwater flooding or flood damage. This Chapter shall not create a liability on the part of, or cause of action against, the City or any officer or employee thereof for any flood damage. This Chapter does not purport to reduce the need or the necessity for obtaining flood insurance.