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]
All stormwater facilities and BMPs shall be maintained in accordance with the approved and recorded stormwater maintenance agreement and stormwater maintenance plan. If no maintenance agreement or plan is in place, the owner shall maintain the facility as it was designed in order to continue the mitigation of stormwater quantity and quality impacts. This maintenance shall include removal of overgrown vegetation, repair of erosion, repairs to any inlet/outlet structures, and removal of excess silt or any other maintenance deemed necessary to provide said mitigation. The design of stormwater facilities shall incorporate maintenance accommodation and long-term maintenance reduction features.
[Ord. No. 14-04-09 §1, 4-21-2014]
The responsible party named in the recorded stormwater maintenance agreement (per Section 407.130) shall maintain in good condition and promptly repair and restore all structural and non-structural stormwater facilities and BMPs and all necessary access routes and appurtenances (grade surfaces, walls, drains, dams and structures, vegetation, erosion and sedimentation controls, and other protective devices) in order to maintain the mitigation of stormwater quantity and quality impacts. Such repairs or restoration and maintenance shall be in accordance with the approved stormwater management design plan, the stormwater maintenance agreement, and the stormwater maintenance plan.
[Ord. No. 14-04-09 §1, 4-21-2014]
A. 
The City shall be permitted to enter and inspect facilities subject to regulation under this Chapter as often as may be necessary to determine compliance with this Chapter. If the site has security measures in force which require proper identification and clearance before entry into its premises, the responsible party shall make the necessary arrangements to allow access to representatives of the City.
B. 
Unreasonable delays in allowing the City access to a permitted facility is a violation of a stormwater discharge permit and of this Chapter.
C. 
If the City has been refused access to any part of the premises from which stormwater is discharged, and is able to demonstrate probable cause to believe that there may be a violation of this Chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the City may seek issuance of a search warrant from any court of competent jurisdiction.
[Ord. No. 14-04-09 §1, 4-21-2014]
The responsible party shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least five (5) years. These records shall be made available to the Director during inspection of the facility and at other reasonable times upon request.
[Ord. No. 14-04-09 §1, 4-21-2014]
A. 
In the event that the stormwater BMP has not been maintained and/or becomes a danger to public safety or public health, the Director shall notify the responsible party by registered or certified mail. The notice shall specify the measures needed to comply with the maintenance agreement and the maintenance plan and shall specify that the responsible party has thirty (30) days or other time frame mutually agreed to between the Director and the responsible party, within which such measures shall be completed. If such measures are not completed, then the Director shall pursue enforcement procedures pursuant to Article IX of this Chapter.
B. 
If a responsible person fails or refuses to meet the requirements of an inspection report, maintenance agreement, or maintenance plan the Director, after thirty (30) days written notice (except, that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours notice shall be sufficient), may correct a violation of the design standards or maintenance requirements by performing the necessary work to place the practice in proper working condition. The Director may assess the responsible party of the practice for the cost of repair work which shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes by the City of Excelsior Springs.
[Ord. No. 14-04-09 §1, 4-21-2014]
A. 
Whenever improvements to land are made, easements for the stormwater management facilities including structural facilities, engineered channels and overflow paths, shall be provided across private property. Easements through existing developments shall be obtained as deemed necessary. Drainage easements shall include access from a convenient public street or parking lot. Minimum dimensions are as follows:
1. 
Where a storm drain consists of a closed conduit, the width shall be the greater of fifteen (15) feet or the sum of the conduit diameter and twice the cover depth over the conduit.
2. 
Where the drainage system consists of an engineered channel, easements shall at a minimum be as wide as the top of bank width plus ten (10) feet each side.
3. 
The width of the easement must contain the overflow from the 100-year (one percent (1%) annual chance) storm event and shall indicate the highest expected water surface elevation of said event.
4. 
Access easements to and around detention/retention facilities shall be a minimum of fifteen (15) feet wide with cross slopes less than five (5) horizontal to one (1) vertical in order to be safely accessible by a vehicle unless otherwise approved by the Director.
[Ord. No. 14-04-09 §1, 4-21-2014]
No person shall damage, discharge or place any substance into the drainage system which will or may cause obstruction to flow or other interference with the operation of the stormwater drainage system. Any person violating this Section or damaging the stormwater drainage system shall be liable to the City for all expense, loss or damage incurred by the City due to such violation or damage, in addition to any other penalties set forth herein.