[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.
