[Ord. No. 4934, 9-8-2020]
The purpose of this Article is to provide stormwater rules,
regulations and standards to establish best management practices (BMPs)
for infill development within the City of Brentwood, Missouri, in
order to promote the public health, safety, convenience and general
welfare of the municipality. This Article provides standards, criteria,
procedures, and controls necessary to minimize adverse effects and
harmful physical and economic effects of flooding from stormwater
by means of detention and controlled discharge of the differential
runoff from a property (unless excepted from the regulation hereunder)
as a result of proposed construction, erection, or alteration of a
building or structure.
[Ord. No. 4934, 9-8-2020]
For the purpose of this Article, the following terms shall have
the meaning given herein:
A structural device, measure, facility, or activity that
helps to achieve stormwater management control objectives at a designated
site.
The portion of a parcel of property that is covered by any
structures or material that substantially reduces or prevents the
infiltration of stormwater, including, but not limited to, roofs,
streets, sidewalks, patios, driveways, parking lots paved with asphalt,
concrete, compacted sand, compacted gravel or clay, and similar improvements.
Impervious area shall not include natural undisturbed surface rock.
The latest edition of the manual "Best Management Practices
for Stormwater Control, City of Brentwood."
A tract, plot or portion of a subdivision or parcel of land
intended as a unit for the purpose, whether immediate or future, for
transfer of ownership or for building development.
An agreement between the current property owner and the City
where the property owner agrees to maintain any installed BMPs or
stormwater detention facilities on the property.
[Ord. No. 5113, 2-5-2024]
The impervious area calculated by subtracting the present
impervious area in the most currently available aerial photography
data or current site survey from the proposed post-development impervious
area and maintaining the original property boundary as the regulated
project boundary, regardless of subdivision, replat, horizontal property
regime, or any other modification of property boundaries by deed or
plat.
A document approved at the site design phase that outlines
the measures and practices used to control stormwater runoff at a
site.
The creation of net additional impervious area of two hundred (200) square feet or greater of additional area of commercial, industrial, or residential real property through new construction, additions to existing structures, redevelopment, or rehabilitation of existing lots. Lots consisting of residential real property are regulated by this Article if there is creation of net additional impervious area of two hundred (200) square feet or greater and the change or improvement requires review by the Architectural Review Board in accordance with Section 400.920 of the City Code.
Any surface flow, runoff and drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
Any lot containing no current permanent structure(s).
[Ord. No. 4934, 9-8-2020]
A.
Except
as herein provided, no improvements shall commence on any regulated
infill development site without obtaining a permit through the Planning
and Development Department. A separate permit shall be required for
each site. An application for a Stormwater Infill Development Permit
shall be through the City's online application portal. The application
shall contain the information described below and as shown on the
City's Stormwater Infill Development Checklist:
[Ord. No. 5113, 2-5-2024]
1.
Contoured development map showing existing contours of the site and
adjoining strips of non-site property and proposed contours at one
(1) foot intervals after completion of the proposed grading and development,
based on United State Geological Survey datum (NAD83), with established
elevations at building, walks, drives and streets; and information
on necessary clearing and grubbing, removal of existing structures,
excavating, filling, spreading and compacting.
2.
Name and address of owner(s).
3.
Site location map.
4.
Existing site conditions.
5.
Proposed site improvements.
6.
A drainage area map and stormwater runoff calculations shall be prepared
and sealed by a licensed professional engineer or land surveyor and
include the following:
a.
Existing and proposed impervious area calculations.
b.
Existing and proposed stormwater runoff calculations for one and
fourteen-hundredth (1.14) inches of rainfall.
c.
Detailed design of proposed stormwater BMPs.
d.
Soils conditions, as required per the City's Stormwater Best Management
Practices document.
7.
The requirements under Subsection (A)(6)(a) — (A)(6)(d) of this Section will not be required if all of the following conditions can be provided by visual acceptance during the permit inspection:
a.
The site is a residential site improvement with between two hundred
(200) square feet and two thousand (2,000) square feet of net additional
impervious area is being created.
b.
No stormwater runoff from net impervious areas is permitted to flow
onto neighboring properties. (i.e., A berm, vegetated filter strip
or other adequate means shall be constructed to contain or allow for
infiltration of the storm water runoff according to the City's Best
Management Practices for Stormwater Control.)
c.
Existing overflow drainage paths and patterns are not obstructed
or otherwise altered.
e.
Erosion control devices are adequately installed and maintained to
prevent sediment and erosion from leaving the property during construction.
f.
A site suitable stormwater BMP has been constructed, and the required
contributing area has been directed through said BMP according to
the City's Best Management Practices for Stormwater Control and Uniform
BMP Sizing Document, which is located in the office of the Director
of Planning and Zoning.
C.
No
Stormwater Infill Development Permit shall be issued unless all owners
of the property sign the application or unless the application is
accompanied by a copy of a contract signed by all owners of the property
authorizing the applicant to make application on their behalf and
agreeing to be bound by the provisions of this Article.
[Ord. No. 4934, 9-8-2020]
A.
A
Stormwater Infill Development Permit shall not be required in the
following instances:
1.
Site improvements where less than two hundred (200) square feet of
net additional impervious area is being created.
2.
Lots consisting of residential real property are excepted from the
requirements of this Article if the change or improvements do not
require review and approval from the City's Architectural Review Board.
[Ord. No. 4934, 9-8-2020; Ord.
No. 5113, 2-5-2024]
In addition to any fees for plan review, permitting or inspections
applicable to construction and/or land disturbance activities on a
site, fees for plan review for Stormwater Infill Development Permits
shall be paid to the City for each site as shown in Appendix A, Table
of Permit Fees, Inspection Fees and Other Related Fees[1].
[1]
Editor's Note: Appendix A, Table of Permit Fees, Inspection
Fees and Other Related Fees is included as an attachment to this Chapter.
[Ord. No. 4934, 9-8-2020; Ord.
No. 5113, 2-5-2024]
A.
To
ensure compliance with the provisions hereof, each applicant for a
Stormwater Infill Development Permit shall deposit with the City a
sum as shown in Appendix A, Table of Permit Fees, Inspection Fees
and Other Related Fees[1].
[1]
Editor's Note: Appendix A, Table of Permit Fees, Inspection
Fees and Other Related Fees is included as an attachment to this Chapter.
B.
Payment of the deposit does not include the fee as described in Section 500.1740. If the permittee fails to properly construct the proposed BMP per the approved plans the City may elect to withhold the deposit to:
1.
Pay the cost of removal of refuse, dirt, paper or other waste found
on other property, public or private, from the premises on which the
work is being done, if not promptly removed by the permittee or contractor.
2.
Pay the cost of installing, restoring or repairing appropriate control
measures, reseeding or completion or alteration of grading if abandoned
or not appropriately performed by the permittee or its contractor.
C.
The
City may reimburse itself for expenses incurred to ensure compliance
with this Article and timely completion of approved stormwater control
plans and BMPs from funds deposited pursuant to this Article.
D.
Any
portion of the deposit not expended by the City shall be refunded
when the construction of the improvements is completed and soil conditions
stabilized to the satisfaction of the City.
E.
The
deposit required herein shall in no way be construed as a limitation
of the liability of an applicant for damages caused as a result of
his/her activities, nor as a limitation or restriction on the right
of the City to enforce ordinances violated as a result of applicant's
activities through criminal prosecution, injunctive relief or other
means.
[Ord. No. 4934, 9-8-2020]
A.
A
regulated infill development shall not proceed without a Stormwater
Infill Development Permit and shall meet the requirements of this
Section.
1.
A regulated infill development creating two hundred (200) square
feet or more of net additional impervious area is required to capture
the first one and fourteen-hundredth (1.14) inches of rainfall runoff
for an impervious area equal to the net additional impervious area.
2.
A regulated infill development required to provide stormwater quality or quantity control BMPs by the Metropolitan St. Louis Sewer District MSD shall be exempt from Subsection (A)(1) of this Section.
3.
All new development and redevelopment projects that disturb greater
than or equal to one (1) acre, shall have development plans submitted
to the Metropolitan St. Louis Sewer District (MSD) for review and
approval prior to the issuance of any permits.
4.
All regulated infill development shall comply with all other applicable
provisions of City Codes and Ordinances.
[Ord. No. 4934, 9-8-2020; Ord.
No. 5113, 2-5-2024]
A.
All projects which include the installation or modifications to sump pumps, existing downspouts or stormwater BMPs with discharges causing a nuisance per Chapter 220 of this Code must comply with one (1) of the following:
1.
Stormwater discharges from BMPs, including pop-up emitters and overflows,
shall be located at least ten (10) feet from the property line, discharging
onto a pervious surface directed away from neighboring properties,
unless otherwise approved in writing by the Chief Building Official
due to existing site constraints.
2.
Sump pump discharges shall be directed to a stormwater BMP, or shall
be discharged into a vegetated filter strip located at least twenty
(20) feet from the property line.
[Ord. No. 4934, 9-8-2020]
The Planning and Development Department shall maintain the Best
Management Practices for Stormwater Control, City of Brentwood, guidance
document as adopted by Resolution by the Board of Alderman from time
to time.
[1]
Editor's Note: The Best Management Practices for Stormwater
Control Guidance Document, City of Brentwood, was adopted 9-8-2020
by Res. No. 1245.
[Ord. No. 4934, 9-8-2020]
A.
Prior
to the issuance of any building permit for any stormwater BMP for
a regulated infill development, the owner(s) of the site must execute
a maintenance agreement that shall run with the land and be binding
on all subsequent owners of land served by the stormwater BMP. The
agreement shall provide for access to the BMP and the land it serves
at reasonable times for periodic inspection by the City or the City's
designee to ensure that the BMP is maintained in proper working condition
to meet City stormwater requirements. The maintenance agreement shall
be recorded with the St. Louis County Recorder of Deeds, and a recorded
copy of the agreement shall be provided to the City by the owner prior
to issuance of any building permit. A copy of the required maintenance
agreement is on file at the office of the Chief Building Official.
[Ord. No. 5113, 2-5-2024]
B.
The
owner(s) of every regulated infill development site shall be responsible
for maintaining stormwater BMPs in an effective state as determined
in the sole judgment of the City after completion of construction.
C.
Occupancy
permits shall not be granted until all stormwater BMPs have been inspected
and approved by the City.
[Ord. No. 4934, 9-8-2020]
A.
It
shall be unlawful for any person to perform work or cause or allow
work to be done in conflict with or in violation of any of the provisions
of this Article. When the Planning and Development Department determines
that a violation of this Article exists, the Director shall notify
the violator. If the violations set forth in the notice are not corrected
within thirty (30) days after receipt of the notice by the property
owner, the permittee or the contractor, the Director of Planning and
Development may cause the same to be corrected. (The costs of correction,
may include, among actual costs of correction, a fee for the City's
costs in administering this Article shall be assessed. The value of
the fee for correction of violations shall be as shown in Appendix
A, Table of Permit Fees, Inspection Fees and Other Related Fees[1]. If the property owner has not reimbursed the City for
the cost of correction within thirty (30) days of demand by the City
the Director of Planning and Development shall certify the cost of
correction to the City Administrator or other officer in charge of
finance who shall cause the certified cost to be included in a special
tax bill or added to the annual real estate tax bill, at the collecting
official's option, and shall be collected in the same manner and procedure
as for collecting real estate taxes.
[Ord. No. 5113, 2-5-2024]
[1]
Editor's Note: Appendix A, Table of Permit Fees, Inspection
Fees and Other Related Fees is included as an attachment to this Chapter.
B.
If
a condition is created by the permit holder that threatens the public
health or welfare, such condition shall, by its existence, be considered
a public nuisance. Such public nuisance shall require immediate abatement
by the permit holder. Should the permit holder fail to abate the nuisance
within the time period prescribed by the Director of Planning and
Development, the Director of Planning and Development shall have the
authority to abate such public nuisance. The cost of abating such
public nuisance shall be borne by the permit holder and collected
by the City in a manner as provided for by law.
[Ord. No. 4934, 9-8-2020]
Any person who violates this Article or fails to remedy any condition allowed to exist in violation of the requirements of this Article within the time specified for correction shall be guilty of an ordinance violation and punished as provided in Section 100.080 of this Code of Ordinances.
