Raymore City Zoning Code

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

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/she will use. All required improvements must be designed and built according to the latest edition of the Kansas City Metropolitan A.P.W.A. unless otherwise required by the City of Raymore “Standard Contract Documents and Technical Specifications and Design Criteria for Utility and Street Construction.” Whenever these two (2) are in conflict, the more restrictive applies.

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.

The purpose of this chapter is to minimize and prevent the discharge of pollutants from developed land into the surface waters of the City by establishing reasonable requirements for the treatment of stormwater runoff from new development and redevelopment activities.

The City of Raymore finds that land development and the associated increases in impervious cover can increase the quality and nature of pollutants carried by stormwater runoff, increase stormwater runoff rates and volumes, aggravate stream channel erosion and sediment transport, alter the hydrologic response of watersheds, and degrade the ecological function of downstream rivers, creeks, streams, lakes and other water bodies.

Further, the City of Raymore finds that Stormwater Treatment Facilities and requirements can minimize those impacts by reducing pollutant levels carried in stormwater runoff, removing or reducing the concentrations of those pollutants that are carried, reducing stream bank erosion, and by restoring stormwater runoff rates and volumes to levels closer to the pre-development hydrologic regimes.

Standard Exceptions: Projects meeting any of the following criteria are exempt from the provisions of this chapter:

City Administered Construction: Construction projects administered and constructed directly by the City shall comply with this chapter, except that compliance is not required for street and thoroughfare construction: (1) that would be exempt under the standard exceptions in Section 450.040A of this chapter; and (2) that will maintain, enhance, or reconstruct existing roadways, including the intersection improvements, turn lane additions, safety improvements, or new entrances, but which will not add additional through lanes.

Unless subject to another agreement, Stormwater Treatment Facilities installed as part of City administered projects are owned and maintained by the City.

The City does not assert jurisdiction under this chapter over any construction work on State of Missouri right-of-way.

Previously Approved Plans: Single-family and two-family residential projects having a preliminary plan, preliminary plat, or final plat approval, and multi-family and nonresidential projects having site plan approval are exempt from the provisions of this chapter. “Substantial or Significant Changes” to approved plans must comply with this chapter in the same manner as a new Development.

“Substantial or Significant Changes” shall mean any of the following criteria:

Infill and Redevelopment Projects: Substantial or Significant Changes to approved plans after the effective date of this chapter are subject to the provisions as required under Section 450.040C of this chapter.

Stormwater Treatment Standards (Standards): The City shall adopt and maintain Stormwater Treatment Standards to implement and interpret the provisions of this chapter. The latest edition of the Mid-America Regional Council and American Public Works Association Manual of Best Management Practices for Stormwater Quality (MARC BMP Manual), and all appendices, shall be the basis for these Standards. Included in the Standards shall be additional technical guidance or exceptions to the MARC BMP Manual which have been adopted by the Director. The additional guidance or exceptions may include, but not be limited to, modified best management practices, design criteria, construction specifications, or standard details. Copies of all adopted standards shall be on file and available in the Department of Public Works.

Modifications to Standards: The Standards shall be amended by the following process: The public input process shall include the following minimum steps: (1) posting proposed documents in draft form a minimum of thirty (30) days prior to the City holding a public informational meeting; and (2) extending a written comment period for a minimum of thirty (30) days after the public informational meeting.

Minimum Control Requirements: All Stormwater Treatment Facilities shall be designed to provide a combination of pollutant removal and water volume control that satisfies the level of service and value rating calculations set forth in the Stormwater Treatment Standards and other requirements established by City approved watershed management plans or studies.

Non-Structural Stormwater Practices: Non-structural stormwater treatment practices are encouraged to minimize reliance on structural practices. Applicants wishing to obtain credit for using non-structural practices must ensure that these practices are documented and will remain unaltered by subsequent property owners by locating the facility in a conservation easement, separate tract dedicated for stormwater treatment facilities or similar instrument as approved by the Director.

Infill and Redevelopment Projects: The Standards may modify or reduce requirements on infill and redevelopment projects.

Modifications to Allow Alternate Compliance: In addition, the Director may waive or modify any of the Stormwater Treatment Standards to encourage the implementation of alternative or innovative practices that implement the intent of the modified standards and provide equivalent public benefits without significant adverse impacts on surrounding development. Such modification may be granted for issues including, but not limited to:

Appeals or decisions made by the Director related to the Standards shall be made to the City of Raymore Board of Appeals.

Centralized and Common Stormwater Treatment Facilities: Centralized and common Facilities for Stormwater treatment shall be shown on preliminary plans, preliminary plats, final plats and site plans. The perimeter of the Facility shall be dimensioned on a plan provided as an attachment to the Maintenance Agreement. Provisions shall be made for maintenance of the Facilities, documentation of their presence, and rights of access, as set forth in Section 450.110.

Distributed Stormwater Treatment Facilities: Distributed Stormwater Treatment Facilities shall be dimensioned on a plan provided as an attachment to the Maintenance Agreement. Provisions shall be made for maintenance of the Facilities, documentation of their presence, and rights of access, as set forth in Section 450.110.

Residential Single-Family and Two-Family Areas: Generally, Stormwater Treatment Facilities for residential single-family and two-family Developments shall be centralized and located on a common tract, to be owned and maintained by the entity holding fee title to the property or other person contracted or obligated by other agreement to implement and maintain post-construction Stormwater BMP’s.

The Director may allow a limited number of distributed Facilities on individual residential tracts, provided the applicant demonstrates that substantial provisions are in place to ensure long-term operation, maintenance and inspection of such Facilities without undue burden to the City for tracking or monitoring compliance.

Private Facilities in the Public Street Right-of-Way: Privately owned and operated Stormwater Treatment Facilities shall be located outside of the public street right-of-way unless approved in writing by the Director and a corresponding right-of-way Maintenance Agreement shall be recorded that provides for private maintenance responsibility in the public street right-of-way.

Coordination with Utility Easements: Stormwater Treatment Facilities shall not be co-located within utility easements unless approved by the Director.

Detention Ponds: When detention facilities for peak flood control are required under the provisions of Chapter 450 of the Code, such basins may be co-located with Stormwater Treatment Facilities, provided that the Facilities are designed to meet the requirements of both uses.

Off-site Facilities: The Director may consider proposals to manage Stormwater runoff in Off-site Facilities that treat runoff from the proposed Development and comply with the Stormwater Treatment Standards. The Off-site Facility shall be in place prior to or concurrently with the proposed Development. Long-term operations and maintenance responsibilities for the Facilities must be established by legal agreements, approved by the City and recorded with the Cass County Recorder.

Existing stream corridors as required in Section 455.040 of the Code are considered a beneficial Stormwater Treatment Facility, therefore credit will be granted by the Stormwater Treatment Standards. In limited circumstances, which are specifically included in the Stormwater Treatment Standards, the outer one-third (1/3) of the designated stream corridor may incorporate additional features which enhance the corridor’s Stormwater treatment function. Such Facilities must be consistent with the long-term integrity of the stream corridor as a natural, riparian zone.

The Planning Commission of the City of Raymore may, in the process of approving preliminary plans, preliminary plats, final plats, and site plans, approve deviations from the specific terms of this chapter which would not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship for the Applicant, and provided that the spirit of this chapter shall be observed, the public safety and welfare secured and substantial justice done for the Applicants.

An application for a deviation may be granted only upon a finding that all of the following conditions have been met:

In considering deviation applications, the City has the discretion of using any or all of the following project evaluations when, in the judgment of the Planning Commission or City of Raymore, these evaluations are relevant and appropriate. No individual or combination of evaluations are necessarily required for an application to be approved and the Planning Commission or City of Raymore may weigh these evaluations in light of all relevant considerations in determining whether or not to approve an application.

For City administered street construction, a request for deviation will be initiated and recommended by the Director and must be approved by the City of Raymore. The City may consider, as part of a deviation request, the constraints posed by lack of available right-of-way, interaction with previously planned or approved Stormwater drainage systems, and the nature of surrounding land uses.

Preliminary Stormwater Treatment Facility Plan Requirements: No application for development shall be accepted unless it includes a preliminary Stormwater Treatment Facility plan detailing in concept how runoff and associated water quality impacts resulting from the development will be controlled or managed. This plan must be prepared by a registered professional engineer in the State of Missouri and must show whether stormwater will be managed on-site or off-site, and show the general location and type of practices.

The preliminary Stormwater Treatment Facility plan must include: conceptual stormwater management plans, sufficient information to evaluate the existing environmental characteristics of the project site, impacts of the proposed development, preliminary sizing for Stormwater Treatment Facilities, and locations of any proposed access easements or conservation easements, and a description of the maintenance responsibility for proposed stormwater treatment facilities. The Director may set additional minimum submittal requirements.

Final Stormwater Treatment Facility Plan Requirements: Unless waived by the Director, the application shall obtain City approval for the final Stormwater Treatment Facility plan prior to obtaining a permit. The final Stormwater Treatment Facility plan, in addition to the information from the preliminary Stormwater Treatment Facility plan, shall include all of the information required in the Standards and any other submittal requirements as determined by the Director.

Landscaping and Stabilization Requirements: The landscape plan for permitting purposes shall include all of the following:

Permit Required: No person shall receive any permits for building, grading or other land Development without meeting the requirements of this chapter. Generally, permits for Stormwater Treatment Facility construction will be completed under the authorization of a building, site Development, or land disturbance permit. Application requirements and procedures are described in Chapter 455 and Chapter 470 of the Code.

Construction Plan Requirements: The Director shall have the authority to set minimum construction plan submittal requirements by written policy or checklist.

Performance Surety Required: The Director shall require the submittal of a performance surety in the form of an irrevocable letter of credit, surety bond, cash deposit or similar guarantee. If a letter of credit is provided, it shall be on the form as prescribed by the Director. The amount of the performance surety shall be 1.25 times the total construction cost of the Stormwater Treatment Facility as estimated by the project designer and approved by the Director.

Performance Surety Waiver for Single Lot Developments: If Stormwater Treatment Facilities only serve a single building and lot and a building is being constructed, a performance surety may be waived by the Director provided all Stormwater Treatment Facilities are constructed and certified prior to issuance of a Certificate of Occupancy. When seasonal or environmental conditions cause a delay in constructing the Stormwater Treatment Facilities, the Director may approve issuing a Certificate of Occupancy provided a performance surety is posted in accordance with this section.

Release of Performance Surety: The performance surety will be released only when all of the following conditions have been met:

Maintenance Surety: Prior to issuance of a final certificate of occupancy, the Director shall require the submittal of an irrevocable letter of credit, surety bond, cash deposit, or similar guarantee for required maintenance to the Stormwater Treatment Facility. The Landowner shall be responsible for all regular maintenance and repairs to the Stormwater Treatment Facility while the maintenance surety is in effect including, but not limited to, repairs necessary due to damage caused by intentional or unintentional acts of others. The maintenance surety shall be in the amount as required below and can be utilized for any maintenance or rehabilitation costs associated with the Stormwater Treatment Facility deemed necessary by the City, including, but not limited to, removal of siltation, mowing, replacement of vegetation, piping repairs, replacement of underdrains, other repairs to the facility, and nay administrative or engineering costs associated with such maintenance and repairs. Maintenance sureties shall conform to the following:

Timing of Stormwater Treatment Facility Construction: Stormwater Treatment Facilities shall be constructed as early as feasible during the Development process. However, since some commonly used Stormwater Treatment Facilities are sensitive to construction generated silt when upstream areas are under construction, the following provisions are allowable for timing of such Facility construction:

Failure to Construct a Required Stormwater Treatment Facility: When construction of a Stormwater Treatment Facility is delayed beyond the limits as provided in this section, the Director may utilize any or all of the following enforcement mechanisms:

Inspections: Regular inspections of the Stormwater Treatment Facility construction shall be the responsibility of the project designer or other owner’s representative who has been approved by the Director and inspection results forwarded to the City. For certain types and locations of Stormwater Treatment Facilities, the Director may at his discretion require additional or parallel inspections by City staff. A final inspection by the City is required before the release of any performance sureties can occur.

Post Construction Certification: Prior to refunding of performance securities, the project designer, or other party approved by the Director, must certify that the Stormwater Treatment Facility is fully functional and has been installed in accordance with the approved plans. For Developments not requiring a performance surety, the certification shall be made prior to issuance of a Final Certificate of Occupancy or Certificate of Compliance.

Required Maintenance Agreement: Prior to issuance of any permit that includes construction of a Stormwater Treatment Facility, the applicant or Landowner of the site shall provide a Maintenance Agreement for approval by the Director. At a minimum, the Maintenance Agreement shall:

Formation of Homes or Business Association: The Landowner or Developer may form a homes or business association prior to the sale of any lots, and the homes or business association covenants may include, or reference, the provisions of the approved Maintenance Agreement. The homes association or business association covenants shall include provisions collecting maintenance costs for Stormwater Treatment Facilities to comply with the requirements of this section and Section 450.060C.

Notice on Plat or Title: The final plat and homes or business association deed restrictions shall contain language approved by the Director to provide notice of facility presence and maintenance obligations. Said deed restriction shall be recorded with the Cass County Recorder concurrent or prior to recording of the final plat or approval of the final plans. The notice shall run with the land and failure to provide this notice to any purchaser prior to transferring any interest in the property shall be in violation of this chapter. The notice shall be in a form approved by the Director and substantially as set forth below:

“Notice: This site includes Stormwater Treatment Facilities, as defined and regulated in the Raymore Municipal Code. Restrictions on the use or alteration of the said Facilities may apply. This property is also subject to the obligations and requirements of the Stormwater Treatment Facility Maintenance Agreement approved by the City.”

When the proposal involves a final plat, this notice shall appear on the face of the plat, as recorded. When the proposals do not involve a final plat, the notice shall be in the form of a notice of presence recorded with the Cass County Recorder, and the notice shall include the legal description of the property, the current owner, the application date and other reference to the project, and the notarized signature of the property owner or owners.

Maintenance Inspections and Certifications by Property Owner: The property owners of all Stormwater Treatment Facilities, except for distributed Facilities serving individual residential lots, must submit a maintenance certification report to the City, at the minimum of one (1) year following initial certification, and subsequently every two (2) years thereafter, or as required by the Director.

The maintenance certification report shall be completed and sealed by a registered professional engineer in the State of Missouri, unless the Director approves other qualified professionals to perform these duties. Such maintenance certification report shall document each item including, but not limited to, the need for removal of silt, litter and other debris, grass cutting, removal of undesirable vegetation, and replacement of landscape vegetation. Any maintenance needs found must be addressed in a timely manner, as determined by the Director, and the inspection and maintenance requirement may be increased as deemed necessary to ensure proper functioning of the Stormwater Treatment Facility.

City Inspection of Stormwater Treatment Facilities: The City may establish an inspection program, including but not limited to: routine inspections, random inspections, inspections based upon complaints or other notice of possible violations, inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or Pollutants, inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or Pollutants or with discharges of a type which are more likely than the typical discharge to cause violation of state or federal water or sediment quality standards or the NPDES Stormwater permit, and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records, sampling discharges, surface water, groundwater, and material or water in drainage control facilities, and evaluating the condition of drainage control facilities and other Stormwater treatment practices.

Right of Entry for Inspection: When any Stormwater Treatment Facility is installed on private property, or when any new connection is made between private property and a public storm sewer system, the property owner shall grant to the City in a manner and form acceptable to the Director, the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this chapter.

Records of Installation and Maintenance Activities: Parties responsible for the operation and maintenance of a Stormwater Treatment Facility shall make records of the installation and 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.

Failure to Maintain Practices: If a responsible party fails or refuses to meet the requirements of the Maintenance Agreement, the Director, after reasonable notice, may correct a violation of the standards or maintenance needs by performing all necessary work to place the Facility in property working condition. In the event that the Stormwater Treatment Facility becomes a danger to public safety or public health, the Director shall notify the party responsible for maintenance of the Stormwater Treatment Facility in writing. Upon receipt of that notice, the responsible person shall have thirty (30) days to effect maintenance and repair of the Facility in an approved manner. In the event of an emergency, when the Director determines that the Facility poses an immediate danger to life or property, no notification period shall be required prior to beginning mitigation work. After proper notice, the Director will enforce the maintenance provisions of this chapter with any or all of the following enforcement measures:

Violations: Any person or entity violating any provision of this chapter is guilty of a misdemeanor and shall be subject to penalties as provided in the Raymore Municipal Code. The Director shall be permitted to cite the owner, or any/all persons identified on the permit as being legally responsible to the City for any violations of this chapter pertaining to that permit.

Restoration of Lands: Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Director may take necessary corrective action, of which the cost to the City shall be added as a special tax assessment on the property.

Compatibility with Other Permit and Ordinance Requirements: This chapter is not intended to interfere with, abrogate, or annul any other chapter, 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, 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.

Severability: If the provisions of any article, section, subsection, paragraph, subdivision or clause of this chapter shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this chapter.

Authority: The Director shall be responsible for the administration and enforcement of this chapter. The Director shall have the authority to adopt regulations, policies and procedures as necessary for the enforcement of this chapter.