All facilities and methods discussed in this section shall meet current APWA and building code requirements.

(1)

Applicability. The provisions of this chapter apply to all land disturbance construction activities including residential (single-family and multifamily), commercial and industrial development. Stormwater detention facilities shall be constructed and in operation prior to any construction of impervious surface and so noted on the engineering drawings.

(2)

Developer responsibility. There are many methods and/or combination of methods, which may be utilized to provide the amount of storage required. It is the responsibility of the developer to choose which method or combination of methods he or she will use. All required improvements must be designed and built according to the latest edition of the Kansas City Metropolitan APWA unless otherwise required by the City of Belton. Whenever these two are in conflict, the more restrictive applies.

(3)

Methods of storage. The following is a list of various methods of detention including conditions and limitations, which shall be observed in the selection of a method of detention.

a.

Rooftop storage.

1.

Building codes require roof load designs for rain and snow. The design load may be converted to an equivalent water depth in inches, which can be safely contained on flat roofs.

2.

The maximum storage allowed for design purposes should not exceed this depth unless a building is designed to withstand a greater roof-load. The depth of water can be controlled by proper sizing of downspouts and by constructing scuppers through the parapet walls.

3.

Overflow drains should be used to protect against possible roof overloading. Roof-water tightness is required to prevent leakage from water accumulation.

b.

Parking lots.

1.

Considerable area in commercial areas is occupied by parking lots. Planned correctly these paved areas can provide adequate detention with minimum inconvenience to the public and without functional interference. This method involves storage of runoff in depressions constructed near drains.

2.

In parking lots, detention is permitted to a maximum depth of seven inches. The maximum limits of ponding may not be designed closer than ten feet from a building unless waterproofing of the building and pedestrian accessibility are properly documented.

When detention is used on parking lots by means of retaining walls or curbs, these retaining walls and curbs shall be constructed with reinforced concrete and constructed according to APWA standards.

c.

Recreation areas.

1.

Recreation areas, such as open space or sports fields, generally have a substantial area of grass cover which can have high infiltration rates. A secondary use of such recreation areas can be made by providing for limited detention storage of runoff from adjacent areas. Because these areas are not used during periods of precipitation, detention ponding should not impede their primary use.

2.

To minimize the effects of detention, the recreation area should be designed so that it will thoroughly drain. Additionally, the vegetation used on the area should be tolerant of periodic inundation and wetness. The developer and the parks and recreation department should work closely to provide open space that can also be used for limited detention storage.

d.

Dry reservoirs. Dry reservoirs shall be designed in accordance with the latest revision of the Standard Specifications of the Kansas City Metropolitan Chapter of the American Public Works Association as modified below:

1.

Earth bottoms. All dry detention facilities shall be constructed with earth bottoms unless there is not sufficient runoff to support a plant community as determined by the director of public works. The pond bottom shall be designed as a wetland and plantings shall be installed in accordance with wetland design criteria as specified in the latest revision of the Mid-America Regional Council and American Public Works Association "Manual for Best Management Practices for Stormwater Quality."

2.

Maintenance.

(i)

Stormwater facilities shall be maintained by the owner or other responsible party as outlined in a maintenance agreement approved by the city council at the time of final plat approval.

(ii)

Disposal of waste from maintenance of facilities shall be constructed in accordance with applicable federal, state and local laws and regulations.

(iii)

Records of installation and maintenance and repair shall be retained by the owner or other responsible party for the current five-year period and shall be made available to the city public works department upon request.

(iv)

Any failure to maintain a stormwater facility in accordance with city requirements or to correct problems with a stormwater facility as required by the city after receipt of due notice shall be handled under the procedure for nuisances as outlined in the Belton City Code.

3.

Inspection.

(i)

Stormwater systems shall be inspected by the city public works department during and after construction and annually thereafter to assure consistency with the approved stormwater management plan.

(ii)

All stormwater systems shall be subject to the authority of the on-site detention inspection program of the city public works department to ensure compliance with this Code and may be inspected when deemed necessary.

(iii)

Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including but not limited to, random sampling and/or sampling in areas with evidence of stormwater pollution, illicit discharges, or similar factors. Refer to Chapter 11, Article V of the city's Code of Ordinances for details on illicit discharges and the enforcement of the prohibition of illicit discharges.

e.

Permanent lakes. Permanent lakes must be constructed according to the Kansas City Metro APWA standards and specifications.

f.

Underground storage.

1.

Stormwater runoff may be controlled by a holding tank or large size pipe. This method should be limited to areas where surface ponding is prohibited due to lack or high cost of available land or areas where the surface topography is not conducive to above-ground storage.

2.

These systems must be designed so that the water surface from the 25-year storm does not exceed the elevation of the top of the storage pipe or vault or come within six inches of the bottom of any inlet grate or exceed the top of any upstream pipe; and provision must be made to safely control the 100-year storm.

3.

Underground storage systems must be designed to be relatively maintenance free by using adequate trash screens at all inlets to the system and at the control structures avoiding the use of moving parts and avoiding the use of small control pipes and narrow weir openings.

4.

Privately maintained underground storage systems located on private property must be constructed of materials which have a similar expected life as that of the project. Tanks, vaults or oversized pipes and multiple parallel pipes may be used in these private systems.

5.

All underground storage systems must have a reasonable number and type of access locations to allow easy inspection and maintenance.

(4)

Payment in lieu of detention. Properties located within the Markey Regional Detention Watershed (defined as that property set out on Exhibit A) in lieu of providing for on-site detention in conjunction with improvements to the property, as required by section 32-1(1) of the UDC, may make a payment in lieu of storm water detention to the city (the "payment") and utilize the city's regional detention facility as shown on Exhibit A, (the regional detention facility). In order to be authorized to make a payment and utilize the regional detention facility the following must take place:

a.

For development of property being platted. An application (the "application") on forms provided by the public works department must be submitted at least 30 days prior to the planning commission's consideration of a preliminary plat which seeks to use the regional detention facility in lieu of providing for on-site detention.

b.

For development of property not being platted. If the proposed improvements to the property do not require a plat nor modifications to an existing plat, the application must be provided with the site plan submitted for development review.

c.

A drainage study (the "drainage study") must be filed with the application and contain all of the information regarding the development proposed for the property being platted and it's storm water detention needs. The drainage study shall be based on APWA 5600 and City of Belton's standards as set out in section 36-69(b) of the UDC. The drainage study shall also include: a) an analysis of the proposed and existing runoff conditions of the site; b) an analysis of the capacity of downstream storm sewers, proposed storm sewer improvements and detention/retention ponds; c) a review of drainage areas that are adjacent to or that flow through the property being platted; and d) any and all other information reasonably request by the city (the "study").

The director of public works or his designee shall have the sole discretion to approve of the study and shall include such decision for approval to the city council as part of its consideration of the agreement (the "agreement") as described below.

d.

The details of the payment shall be set out in the agreement between the city and the applicant and shall be expeditiously approved by the city council:

1.

In the case of a development requiring a plat, the agreement shall be approved by the city council in conjunction with the approval of the preliminary plat.

2.

In the case of a development which does not require a plat, the agreement shall be approved by a resolution or motion of the city council.

e.

In all regards, the payment shall be calculated at a rate (the "rate") of $5,900.00 per impervious acre of development as set out in the approved study. The payment for the property being developed shall be made to the city before a building permit will be issued for the development. After March 1, 2015 the rate shall be increased every March 1st using an escalator fact based upon the Consumer Price Index for Construction.

(5)

Dams, retention basins and siltation control. Where dams are proposed in any subdivision, they must be designed by a professional engineer registered in the state. A preliminary engineering report including soil investigations and design procedures must be submitted to the director of public works for review. When a dam is planned on private property, the engineer must certify that the dam is constructed according to the approved plans and specifications.

(6)

Stream buffer protection.

a.

Applicability. This section applies to all land or new development within the stream corridor, as defined by this section and applied to designated stream segments identified on the Belton Stream Order Map and incorporated as a part of this section. No development shall occur on a parcel of land that is within or partially within the defined stream corridor, except in accordance with this section. This section does not apply to land or to development which:

1.

Is on land covered by an approved, unexpired final plat, preliminary plat, memorandum of understanding (MOU) or preliminary plan, where such approval was given prior to the effective date of the ordinance from which this section is derived;

2.

Is covered by an unexpired building permit issued prior to the effective date of this section, in accordance with the City Code, and platting was not required prior to issuance of a building permit;

3.

Is being used for agricultural operations; or

4.

If a development obtains a Federal Clean Water Act Individual 404 Permit allowing a stream to be relocated or otherwise altered, this section will apply to the new stream location and order. A copy of the approved 404 Permit shall be submitted with the buffer plan.

(i)

No development shall be approved that proposes development on any parcel of land wholly or partially within the defined stream corridor unless the proposed development is in compliance with the applicable provisions of this section.

(ii)

Except as otherwise provided by this section, the director of public works shall administer, implement and enforce the provisions of this section. The director may delegate any powers or duties granted by this Code to other city personnel or authorized representatives.

(iii)

The city is authorized to develop administrative policies and guidelines to implement this section.

(iv)

Stream buffers, as required by this section, are a part of the city's stormwater management program.

b.

Buffer and stream setback requirements. All land development activity subject to this chapter shall meet the following requirements:

1.

Plan requirements.

(i)

A buffer plan approved by the director of public works is required for all projects where development or redevelopment is to occur on property that includes or is adjacent to a stream. The plan shall set forth an informative, conceptual, and schematic representation of the proposed activity so as to enable the city an opportunity to make a reasonably informed decision regarding the proposed activity.

(ii)

The delineation of the stream buffer and its component zones shall be shown on any building construction plans, preliminary plat and final plat, as may be required by the City Code. The buffer plan shall be submitted in conjunction with the required preliminary plat and engineering plans for any development and the boundaries of the stream buffer shall be clearly delineated.

(iii)

A buffer plan shall contain the following information:

A.

A location or vicinity map showing the limits of the FEMA-delineated 100-year flood limits.

B.

Field-delineated and/or surveyed streams, springs, bodies of water (include a minimum of 150 feet into adjacent properties).

C.

Labels for the stream buffer zones and any structures or activities by the zone where they are to be located.

D.

An inspection and maintenance plan.

E.

A planting palette in accordance with the latest revision of the Kansas City APWA Best Management Practices Manual.

c.

Boundary markers. Boundary markers shall be installed prior to final approval of the required clearing and grading plan.

d.

Construction fencing. Construction fencing shall be placed to delineate the buffer and shall be maintained throughout the construction of the project.

e.

Final plats. All final plats and survey documents prepared for recording shall clearly:

1.

Show the extent of any stream buffer on the subject property.

2.

Provide a note to reference any stream buffer stating: "There shall be no clearing, grading, construction or disturbance of vegetation."

3.

Provide a note to reference any conservation easements governing all stream buffer areas stating: "Any stream buffer shown hereon is subject to conservation easements that restrict disturbance and use of these areas."

f.

Design standards for stream buffers.

1.

A buffer for a stream shall consist of a strip of land extending along both sides of a stream.

2.

The required width for all stream buffers shall be a minimum average of 50 feet on each side of the stream beginning at the stream centerline and shall comply with the following. All buffers are measured from the stream centerline and are required on each side of the stream.

3.

In no case shall the buffer be less than the floodplain limits as shown on the Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) Cass County Panels.

4.

If stream buffers, or stream channels, are disturbed or destroyed during development or construction activities, they shall be restored using native vegetation or plantings.

5.

The following structures, practices, and activities are permitted in the stream buffer, with specific design or maintenance features, subject to the review and approval of the city:

(i)

Activities for the purpose of building one of the following:

A.

A stream crossing by a driveway, transportation route or utility line;

B.

Public water supply intake or public wastewater outfall structures;

C.

Public access facilities that must be on the water including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks;

D.

Paved foot trails and paths;

E.

Activities to restore and enhance stream bank stability, vegetation, water quality and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used.

(ii)

Crossings for roads, bridges and utilities, subject to the following:

A.

The right-of-way should be the minimum width needed to allow for maintenance access and installation;

B.

The angle of the crossing shall be as close to perpendicular to the stream or buffer as is practicable to minimize clearing requirements; and

C.

The minimum number of road crossings should be used within each subdivision, and no more than one crossing is allowed for every 1,000 feet of buffer.

(iii)

Public sewer line easements paralleling the creek, except that all easements (permanent and construction) and land disturbance should be at least 25 feet from the top of the bank. This includes such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures.

(iv)

Within an easement of any utility existing at the time this Code takes effect or approved under the terms of this Code, land disturbance activities and such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures.

(v)

Emergency work necessary to preserve life or property. However, when emergency work is performed under this section, the person performing it shall report such work to the director of public works on the next business day after commencement of the work. Within ten days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the director of public works to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area.

(vi)

Placement of structures for the control and monitoring of water quality and water quantity within a stream buffer, as required by the city.

g.

Variance procedures. Any variance request to the requirements of this chapter shall be filed in accordance with this Unified Development Code.

h.

Compatibility with other buffer regulations and requirements. This chapter is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute 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, 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.

i.

Additional information requirements for development on buffer zone properties. Any permit applications for property requiring buffers and setbacks hereunder must include the following:

1.

A site plan showing:

(i)

The location of all streams on the property;

(ii)

Limits of required stream buffers and setbacks on the property;

(iii)

Buffer zone topography with contour lines at no greater than two foot contour intervals;

(iv)

Delineation of forested and open areas in the buffer zone; and,

(v)

Detailed plans of all proposed land development in the buffer and of all proposed impervious cover within the setback;

2.

A description of all proposed land development within the buffer and setback.

3.

Any other documentation that the director of public works may reasonably deem necessary for review of the application and to ensure that the buffer zone provisions of this subsection (5) are addressed in the approval process.

j.

Responsibility. Neither the issuance of a development permit nor compliance with the conditions thereof, nor with the provisions of this chapter shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability upon the city, its officers or employees, for injury or damage to persons or property.

k.

Ownership and maintenance responsibility for stream buffers. The stream buffer areas must be established and recorded by the developer or property owner. Particular zones may be established and protected by different methods. One or more of the following methods shall be used to provide for the preservation of the buffer area in perpetuity:

1.

A drainage or conservation easement;

2.

Inclusion in a development common area; or

3.

Dedication to the City of Belton with the city's acceptance.

Developments and projects must be designed so that all established stream buffers are accessible to facilitate inspection, construction, maintenance and other activities related to the stream and city infrastructure in the buffer area. Nothing contained in this subsection shall establish an independent right of ownership.

l.

Inspection.

1.

The city's engineering and building inspection divisions may cause inspections of the work in the buffer or setback to be made periodically during the course thereof and shall make a final inspection following completion of the work. The permittee shall assist the city in making such inspections. The city shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this chapter, and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the protection area.

2.

No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out official duties.

(UDC 2010, §§ 21.1—21.3; Ord. No. 2012-3879, § 1, 12-11-2012; Ord. No. 2014-4005, § 1, 6-10-2014; Ord. No. 2021-4672, § 6, 11-30-2021)

Any action or inaction which violates the provisions of this chapter or the requirements of an approved plan may be subject to the enforcement actions outlined in this section. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described in the following subsections shall not prevent such equitable relief.

(1)

Notice of violation. If the city determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved site plan or the provisions of this chapter, it shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this chapter without having first secured the appropriate approvals therefore, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site. The notice of violation shall contain:

a.

The name and address of the owner or the applicant or the responsible person;

b.

The address or other description of the site upon which the violation is occurring;

c.

A statement specifying the nature of the violation;

d.

A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the approved site plan or this Code and the date for the completion of such remedial action;

e.

A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and,

f.

A statement that the determination of violation may be appealed to the director of public works by filing a written notice of appeal within 30 days after the notice of violation (except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient).

(2)

Penalties. In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, anyone or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of the following actions or imposing any of the following penalties, the director of public works shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity, of not less than ten days (except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the director of public works may take anyone or more of the following actions or impose anyone or more of the following penalties.

(3)

Stop work order. The director of public works may issue a stop work order which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such violation or violations.

(4)

Withhold certificate of occupancy. The city may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

(5)

Suspension, revocation or modification of permit. The director of public works may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the director of public works may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

(6)

Civil penalties. In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days (or such greater period as the director of public works shall deem appropriate) (except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) after the director of public works has taken one or more of the actions described above, the director of public works may impose a penalty not to exceed $1,000.00 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.

(7)

Criminal penalties. For intentional and flagrant violations of this chapter, the director of public works may issue a citation to the applicant or other responsible person, requiring such person to appear in (appropriate municipal, magistrate or recorders) court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000.00 or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

(UDC 2010, § 21.4)

(a)

Administrative appeal. Any person aggrieved by a decision or order of the city, may appeal an enforcement action in writing within ten days after receipt of such action to the director of public works and shall be entitled to a hearing before the city council within 30 days of receipt of the written appeal.

(b)

Judicial review. Any person aggrieved by a decision or order of the city, after exhausting all administrative remedies, shall have the right to appeal de novo to the municipal court.

(c)

Wetland protection.

(1)

All land disturbance activities shall be conducted in accordance with all state and federal laws.

(2)

In its review of all applications, the city will utilize the U.S. Fish and Wildlife Inventory Map to determine if further study is necessary by an applicant to determine if a wetland is located on property to be developed or upon property included in a land disturbance permit application.

(UDC 2010, § 21.5)

(a)

Introductory provisions.

(1)

Statutory authorization. The Legislature of the State of Missouri has in RSMo. 79.010 et seq., delegated the responsibility to local governmental units, to adopt floodplain management regulations designed to protect the health, safety, and general welfare.

(2)

Findings of fact.

a.

Flood losses resulting from periodic inundation. The special flood hazard areas of the city are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base; all of which adversely affect the public health, safety and general welfare. The following provisions are subject to change based on the most recent FEMA and SEMA guidelines and regulations.

b.

General causes of the flood losses. These flood losses are caused by:

1.

The cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities; and

2.

The occupancy of flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or otherwise unprotected from flood damages.

(3)

Purpose. It is the purpose of this chapter to:

a.

Promote the public health, safety, and general welfare;

b.

To minimize losses;

c.

To establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and

d.

To meet the requirements of 44 CFR 60.3(d) by applying the provisions of this chapter to:

1.

Restrict or prohibit uses that are dangerous to health, safety or property in times of flooding or cause undue increases in flood heights or velocities;

2.

Require uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction; and

3.

Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard.

(b)

Methods used to analyze flood hazards. The flood insurance study (FIS) that is the basis of this chapter uses a standard engineering method of analyzing flood hazards which consist of a series of interrelated steps.

(1)

Selection of a base flood that is based upon engineering calculations which permit a consideration of flood factors such as its expected frequency of occurrence, the area inundated and the depth of inundation. The base flood selected for this chapter is representative of large floods which are characteristic of what can be expected to occur on the particular streams subject to this chapter. It is in the general order of a flood which could be expected to have a one percent chance of occurrence in any one year as delineated on the Federal Insurance Administrator's Flood Insurance Study and illustrative materials for Cass County, Missouri dated January 2, 2013, as amended, and any future revisions thereto.

(2)

Calculation of water surface profiles is based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.

(3)

Computation of a floodway required to convey this flood without increasing flood heights more than one foot at any point.

(4)

Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height.

(5)

Delineation of flood fringe, i.e., the area outside the floodway encroachment lines that is still subject to inundation by the base flood.

(6)

All methods used to calculate water surface profiles, floodway boundaries and fringes shall conform to the latest FEMA and SEMA guidelines.

(c)

Applicability. This chapter applies to all lands within the jurisdiction of the City of Belton, Missouri identified as numbered and unnumbered A zones and AE zones, on the Flood Insurance Rate Maps (FIRMs) for Cass County on map panel numbers 29037C0004F, 29037C0009F, 29037C0010F, 29037C0012F, 29037C0016F, 29037C0017F, 29037C0028F, and 29037C0036F, dated January 2, 2013 as amended, and any future revisions thereto.

(d)

Compliance. No development located within the special flood hazard areas of this community may be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations.

(e)

Abrogation and greater restrictions. It is not intended by this chapter to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.

(f)

Interpretation. In their interpretation and application, the provisions of this chapter will be held to be requirements, will be liberally construed in favor of the governing body, and will not be deemed a limitation or repeal of any other powers granted by state statutes.

(g)

Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by manmade or natural causes. This chapter does not imply that areas outside the floodway and flood fringe or land uses permitted within such areas will be free from flooding or flood damage. This chapter does not create a liability on the part of the City of Belton or any officer or employee thereof, for any flood damages that may result from reliance on this chapter or any administrative decision lawfully made under this chapter.

(h)

Severability. If any section, clause, provision, or portion of this article is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this article shall not be affected thereby.

(UDC 2010, § 21.6; Ord. No. 2012-3880, § 3, 12-18-2012)

(a)

Floodplain administrator.

(1)

Designation. The director of public works or designee is hereby designated as the floodplain administrator and is appointed to administer and implement the provisions of this chapter.

(2)

Powers and duties. The duties and responsibilities of the floodplain administrator include, but are not limited to:

a.

Review of all applications for floodplain development permits to assure sites are reasonably safe from flooding and that the floodplain development permit requirements of this chapter have been satisfied;

b.

Review of all applications for floodplain development permits for proposed development to assure that all necessary permits have been obtained from federal, state or local governmental agencies from which prior approval is required by federal, state or local law;

c.

Review all subdivision proposals and other proposed new developments, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding;

d.

Issue floodplain development permits for all approved applications;

e.

Notify adjacent communities and the Missouri State Emergency Management Agency (Mo SEMA) prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);

f.

Assure that maintenance is provided within the altered or relocated portion of any watercourse so that the flood-carrying capacity is not diminished;

g.

Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures;

h.

Verify and maintain a record of the actual elevation (in relation to mean sea level) that the new or substantially improved nonresidential structures have been floodproofed; and when floodproofing techniques are utilized for a particular nonresidential structure, the floodplain administrator must require certification from a registered professional engineer or architect.

(b)

Floodplain development permit.

(1)

A floodplain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in section 32-4(c). No person, firm, corporation, or unit of government shall initiate any development or substantial-improvement or cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development.

(2)

If any portion of a parcel is within the 100-year floodplain, the area shall be shown, with base flood elevations; and the developer shall present plans for meeting Federal Emergency Management Agency (FEMA) requirements. All FEMA, the Missouri Department of Natural Resources (MDNR) and/or United States Army Corps of Engineers (USCOE) approvals must be in place prior to any review by staff or the planning commission.

(3)

All floodplain permits, LOMA, LOMR and CLOMR permits are subject to the approval of FEMA and/or SEMA.

(c)

Amendments. The regulations, restrictions and boundaries set forth in this chapter may be amended to reflect changes in the National Flood Disaster Protection Act of 1973. A copy of any amendments will be provided to the Region VII office of the Federal Emergency Management Agency (FEMA). The regulations of this chapter are in compliance with the National Flood Insurance Program (NFIP) regulations.

(d)

Variances. Any variance request to the requirements of this chapter shall be filed in accordance with this Uniform Development Code.

(e)

General standards.

(1)

No permit for floodplain development will be granted for new construction, substantial improvements, and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A zone or AE zone, unless the conditions of this chapter are satisfied.

(2)

All areas identified as unnumbered A zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A zones is subject to all provisions of this chapter. If flood insurance study data is not available, the community must obtain, review, and reasonably utilize any base flood elevation or floodway data available from federal, state or other sources.

(3)

Until a floodway is designated, no new construction, substantial improvements or other development, including fill, is permitted within any numbered A zone or AE zone on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

(4)

All new construction, subdivision proposals, substantial improvement, pre-fabricated buildings, placement of manufactured homes, and other development requires:

a.

Design or adequate anchorage to prevent floatation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

b.

Construction of materials resistant to flood damage;

c.

Utilization of methods and practices that minimize flood damage;

d.

All electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities be designated and/or located as to prevent water from entering or accumulating within the components during conditions of flooding.

(5)

New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and on-site waste disposal systems be located so as to avoid impairment or contamination.

(6)

Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that:

a.

All such proposals are consistent with the need to minimize flood damage;

b.

All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;

c.

Adequate drainage is provided so as to reduce exposure to flood hazards; and

d.

All proposals for development, including proposals for manufactured home parks and subdivisions, of five acres or 50 lots, whichever is lesser, include within such proposals base flood elevation data;

e.

The requirements of floodplain permits are subject to change based on the current requirements from FEMA, SEMA, MDNR, and Corps of Engineers.

(f)

Storage, material and equipment.

(1)

The storage or processing of materials within the special flood hazard area that are, in time of flooding, buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited.

(2)

Storage of other material or equipment will require a permit if the material is located within a flood zone and may be allowed if not subject to major damage by floods, if firmly anchored to prevent floatation or if readily removable from the area within the time availability after a flood warning.

(g)

Agricultural structures. Structures used solely for agricultural purposes in connection with the production, harvesting, storage, drying or raising of agricultural commodities, including the raising of livestock, may be constructed at-grade and wet-floodproofed, provided:

(1)

There is no human habitation or occupancy of the structure;

(2)

The structure is of single-wall design;

(3)

There is no permanent retail, wholesale or manufacturing use included in the structure;

(4)

A variance has been granted from the floodplain management requirements of this chapter; and

(5)

A floodplain development permit has been issued.

(h)

Accessory structures. Structures used solely for parking and limited storage purposes, not attached to any other structure, of limited investment value and not larger than 400 square feet may be constructed at-grade and wet-floodproofed provided:

(1)

There is no human habitation or occupancy of the structure;

(2)

The structure is of single-wall design;

(3)

A variance has been granted from the standard floodplain management requirements of this chapter; and

(4)

A floodplain development permit has been issued.

(i)

Specific standards. In all areas identified as numbered and unnumbered A zones and AE zones, where base flood elevation data have been provided, the following provisions are required:

(1)

Residential construction.

a.

New construction or substantial improvement of any residential structure, including manufactured homes, must have the lowest floor, including basement, elevated to one foot above base flood level and no platted lots may encroach in the Federal Emergency Management Agency (FEMA) floodplain or the 100-year flood elevation for areas not identified as special flood hazard areas.

b.

This subsection does not apply to any land development activity for which a preliminary plat or other phased development has been previously approved as of February 28, 2005 or to any land development activity which has been submitted for preliminary plat approval as of February 28, 2005.

c.

All residential structures that apply for new construction or improvements to the house structure and surrounding amenities are subject to approval by the most recent FEMA and SEMA guidelines and regulations.

(2)

Nonresidential construction. New construction or substantial improvement of any commercial, industrial or other nonresidential structure, including manufactured homes, must have the lowest floor, including the basement, elevated to one foot above the base flood level or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect must certify that the standards of this subsection are satisfied.

(3)

All construction. Require for all new construction and substantial improvements that fully enclosed areas below lowest floor used solely for parking of vehicles, building access or storage in an area other than a basement and that are subject to flooding must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

a.

A minimum of two openings having a total net of not less than one square inch for every square foot of enclosed area subject to flooding must be provided; and

b.

The bottom of all openings must be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(4)

Manufactured homes.

a.

All manufactured homes to be placed within all unnumbered and numbered A zones and AE zones on the community's FIRM must be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist floatation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This must conform to the latest FEMA and SEMA guidelines.

b.

Require that manufactured homes that are placed or substantially improved within unnumbered or numbered A zones or AE zones on the community's FIRM on sites:

1.

Outside of manufactured home park or subdivision;

2.

In a new manufactured home park or subdivision;

3.

In an expansion to and existing manufactured home park or subdivision; or

4.

In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one foot above the base flood level and be securely attached to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.

c.

Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within unnumbered or numbered A zones and AE zones on the community's FIRM, that are not subject to the provisions of this section, be elevated so that either:

1.

The lowest floor of the manufactured home is one foot above the base flood level; or

2.

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely attached to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.

(5)

Recreational vehicles.

a.

Recreational vehicles placed on sites within all unnumbered and numbered A zones and AE zones on the community's FIRM either:

1.

Be on the site for fewer than 180 consecutive days,

2.

Be fully licensed and ready for highway use.*; or

3.

Meet the permitting, elevation, and the anchoring requirements for manufactured homes of this article.

(UDC 2010, § 21.7; Ord. No. 2012-3880, § 3, 12-18-2012)

Editor's note— *A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions.

Located within areas of special flood hazard are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles, the following provisions apply:

(1)

The community shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designated to carry the waters of the base flood without increasing the water surface elevation of that flood more than one foot at any point;

(2)

The community shall prohibit any encroachments, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge;

(3)

If requirements are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this chapter; and

(4)

In unnumbered A zones, the community shall obtain, review and reasonably utilize any base flood elevation or floodway data currently available from federal, state or other sources.

(UDC 2010, § 21.8)

(a)

Additional buffer requirements. All land development activity subject to this chapter shall meet the following requirements:

(1)

A buffer plan approved by the director of public works is required for all projects where development or redevelopment is to occur on property that includes or is adjacent to a FEMA designated floodplain or land subject to flooding during a 100-year storm event. The plan shall set forth an informative, conceptual, and schematic representation of the proposed activity so as to enable the city an opportunity to make a reasonably informed decision regarding the proposed activity.

(2)

The delineation of the buffer and its component zones shall be shown on any building construction plans, preliminary plat and final plat, as may be required by this Code. The buffer plan shall be submitted in conjunction with the required preliminary plat and engineering plans for any development and the boundaries of the stream buffer shall be clearly delineated.

(3)

A buffer plan shall contain the following information:

a.

A location or vicinity map showing the limits of the FEMA-delineated floodplain and 100-year flood limits.

b.

Field-delineated and/or surveyed streams, springs, bodies of water (include a minimum of 150 feet into adjacent properties).

c.

Labels for the buffer zones and any structures or activities by the zone where they are to be located.

d.

An inspection and maintenance plan as outlined in the latest revision of the Mid-America Council and American Public Works Association Manual of Best Management Practices for Stormwater Quality.

(b)

Boundary markers. Boundary markers shall be installed prior to final approval of the required clearing and grading plan.

(c)

Construction fencing. Construction fencing shall be placed to delineate the buffer and shall be maintained throughout the construction of the project.

(d)

Final plats. All final plats and survey developments prepared for recording shall clearly:

(1)

Show the extent of any buffer on the subject property;

(2)

Provide a note to reference any buffer stating: "There shall be no clearing, grading, construction or disturbance of vegetation"; and

(3)

Provide a note to reference any conservation easements governing all stream buffer areas stating: "Any buffer shown hereon is subject to conservation easements that restrict disturbance and use of these areas";

(4)

Show all floodway boundaries as required by the city planner and city engineer.

(UDC 2010, § 21.9)

(a)

A buffer for a stream shall consist of a strip of land extending along both sides of a stream.

(b)

The required width for all stream buffers shall be a minimum average of 40 feet on each side of the stream beginning at the stream centerline.

(c)

In no case shall the buffer be less than the floodplain limits as shown on the flood insurance rate map (FIRM) and flood boundary and floodway map (FBFM) Cass County Panels dated January 2, 2013 as amended, and any future revisions thereto.

(d)

If stream buffers, or stream channels, are disturbed or destroyed during development activities, they shall be restored using native vegetation or plantings as outlined in required "Planting Palette."

(e)

The following structures, practices, and activities are permitted in the stream buffer, with specific design or maintenance features, subject to the review and approval of the city:

(1)

Activities for the purpose of building one of the following:

a.

A stream crossing by a driveway, transportation route or utility line;

b.

Public water supply intake or public wastewater outfall structures;

c.

Public access facilities that must be on the water including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks;

d.

Paved foot trails and paths;

e.

Activities to restore and enhance stream bank stability, vegetation, water quality and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used.

(2)

Crossings for roads, bridges and utilities, subject to the following:

a.

The right-of-way should be the minimum width needed to allow for maintenance access and installation;

b.

The angle of the crossing shall be as close to perpendicular to the stream or buffer as is practicable to minimize clearing requirements; and

c.

The minimum number of road crossings should be used within each subdivision, and no more than one crossing is allowed for every 1,000 feet of buffer.

(3)

Public sewer line easements paralleling the creek, except that all easements (permanent and construction) and land disturbance should be at least 25 feet from the top of the bank. This includes such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures.

(4)

Within an easement of any utility existing at the time this Code takes effect or approved under the terms of this Code, land disturbance activities and such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures.

(5)

Emergency work necessary to preserve life or property. However, when emergency work is performed under this section, the person performing it shall report such work to the director of public works on the next business day after commencement of the work. Within ten days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the director of public works to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area.

(6)

Placement of structures for the control and monitoring of water quality and water quantity within a stream buffer, as required by the city.

(UDC 2010, § 21.10; Ord. No. 2012-3880, § 3, 12-18-2012)