St Robert City Zoning Code
CHAPTER 419
Stormwater Management
Section 419.001 Purpose.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The purpose of this Chapter is to:
1.
Protect the health, safety and property of the people of St. Robert by controlling stormwater drainage.
2.
Assure that consideration is given to the preservation and restoration of natural features in the grading or development of public and private land.
3.
Prevent the pollution of streams and lakes by sediment through assurances that proper provisions are made regarding control of sediments resulting from rainfall on graded areas and that adequate facilities are constructed for the management of stormwater.
4.
Assure the movement of emergency vehicles during storm periods.
5.
Protect the public from rapidly flowing water and flash floods.
6.
Minimize storm and flood losses resulting from uncontrolled runoff.
7.
Establish requirements for construction of stormwater management facilities in newly developed areas.
8.
Establish requirements for sediment and erosion control measures to be constructed to abate inadequate or non-existent best management practices.
B.
Scope Of Authority. Except as exempted by Section 419.007, any person, firm, corporation or business proposing to develop land that requires land disturbance activities to be conducted on greater than one (1) acre in gross land area within the City of St. Robert shall apply to the Missouri Department of Natural Resources (MODNR) for issuance of a land disturbance permit as specified in the Missouri Clean Water Law Act (RSMo. 644). No land disturbance activities shall be permitted to commence in the City except upon the issuance of such permit.
C.
Disclaimer Of Liability. The performance standards and design criteria set forth herein establish minimum requirements which must be implemented utilizing best management practices. Use of the requirements contained herein shall not constitute a representation, guarantee or warranty of any kind by the City or its officers and employees or the adequacy or safety of any structure or use of land. Nor shall the approval of plans and issuance of permit imply that land uses permitted will be free from damages caused by stormwater. The degree of protection required by this Chapter is considered reasonable for regulatory purposes. Larger storms may occur or stormwater runoff heights may be increased by manmade or natural causes. This Chapter therefore shall not create liability on the part of the City or any officer with respect to any legislative or administrative decision lawfully made hereunder.
D.
Conflict With Public And Private Provisions.
1.
Public provisions. This Chapter is not intended to interfere with, abrogate or annul any existing law, ordinance, rule or regulation of the City. Where any provision of this Chapter imposes restrictions different from those imposed by other regulations, the provisions which are more restrictive or impose higher standards shall control.
2.
Private provisions. This Chapter is not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provision of this Chapter are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement or restriction, the requirements of this Chapter shall govern. Where the provisions of the easement, covenant or private agreement or restriction impose duties and obligations more restrictive and such private provisions are inconsistent with this Chapter or determinations thereunder, then such private provisions shall be operative and supplemental to this Chapter and determinations made thereunder.
E.
Severability. If any part or provision of this Chapter or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to that part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Chapter or the application hereof to other persons or circumstances. The Governing Body hereby declares that it would have enacted the remainder of this Chapter even without any such part, provision or application found to be unlawful or invalid.
Section 419.003 Definitions.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
As used in this Chapter, the following terms shall have these prescribed meanings:
All farm enterprises such as cropland forage production, animal husbandry, dairy and poultry, silviculture, floriculture and viticulture.
Effective and practical, structural or non-structural methods which prevent or reduce erosion and the movement of sediment and other pollutants from the land to surface or ground water or which otherwise protect water quality from potential adverse effects of land disturbance activities.
The City Engineer or his/her designates.
Uncontaminated soil, rock, sand, gravel, concrete, asphalt concrete, cinder blocks, brick, minimal amounts of wood and metal and inert soils which are approved by rule or policy of the State Department of Natural Resources for fill, reclamation or other beneficial use.
A permit that has been granted by the Board of Aldermen for those conditional uses, as delineated in Chapter 404, which are allowed in a given zoning district.
A location within the drainage reach downstream of the subject site consisting of a channel section, drainage swale, bridge, box culvert, storm sewer or other conveyance facility or structure having a conveyance capacity which would be exceeded by stormwater runoff from a 10-year frequency, 24-hour duration storm under existing land use conditions; or an existing structure or building located downstream of the subject site which has its lowest floor elevation less than one (1) foot above the maximum elevation in an adjacent channel attained by the 100-year frequency, 24-hour duration storm, assuming existing land use conditions with the proposed ultimate development of the subject site in place. The conveyance capacity of a structure operating under inlet control conditions shall be determined with a maximum headwater to diameter ratio (HW/D) of 1.50 or with a headwater elevation equal to the top of curb, whichever is less.
The selected or established frequency or return period of rainfall time-duration for which drainage facilities are to be designed.
Real estate altered by the addition of impervious surface which changes the hydrology of the property from its natural state.
A person, partnership or corporation engaged in the development of land and not excluded by the exemption Section of this Chapter.
The process of grading, clearing, filling, quarrying, construction or similar activities when not excluded by the exemption Section of this Chapter.
The catchment area from which stormwater is carried off by a watercourse or storm drainage system. The area served by a drainage system receiving storm and other surface-borne water. Drainage basin boundaries are a product of natural topography and drainage system configuration.
A manmade structure or natural watercourse for the conveyance of storm runoff. Examples are channels, pipes, ditches, swales, catch basins and street gutters.
A building or portion thereof used for residential uses.
The wearing away of land areas in which soil particles are dislodged by action of wind, water or gravity.
An engineered plan that illustrates the location, materials and construction details of all sediment and erosion control methods that will be constructed, erected, installed and maintained on the development site during all phases of construction activities. Stormwater control devices may be included as an integral part of the erosion control plan.
The plan submitted by the developer which incorporates the designs and management controls of the Stormwater Pollution Prevention Plan. Such plan need only cover the tract of land for which land disturbance activities will occur.
Removing, clearing or scalping material such as roots, stumps, underbrush or sod.
A surface on real property where infiltration of stormwater into the earth has been virtually eliminated by the works of man. Impervious surfaces shall include, but not be limited to: roofs, paved driveways, patio areas, sidewalks, parking lots, storage areas and other oil or macadam surfaced areas which prevent percolation on stormwaters into the earth's surface.
A permit issued by the Missouri Department of Natural Resources (MODNR) that authorizes the commencement of land disturbance activities upon any tract of land that is one (1) acre or greater.
The application of plant or other suitable materials on the soil surface to conserve moisture, reduce erosion and aid in establishing plant cover.
A channel formed in the existing surface topography of the earth prior to changes made by unnatural conditions.
The use of developed land for any purposes other than for a single-family residence or a multiple-family building.
Any act or activity that is kept, maintained, caused or permitted to be caused by any person, firm or corporation on any lot, parcel or tract of land within the City of St. Robert that poses a potential hazard to the health, safety or welfare to people or property.
The person in possession or lawfully entitled to possession of a parcel of land.
Ordinances or regulations such as, but not limited to, zoning, subdivision and landscaping.
Any person having legal title to or a proprietary interest in real property. Proprietary interest shall include, but not be limited to, estate administration, trusteeship, guardianship and actions under a valid power of attorney.
The maximum rate at which stormwater travels across the surface of the land.
A set of regulatory guidelines that have been adopted, administered and enforced by a local municipality or other regulatory agency that promote the health, safety and welfare of a community. For the purposes of this Chapter, the Land Development Regulations of the City of St. Robert shall apply.
Rock, sand, gravel, silt or other material deposited by action of wind, water or gravity.
A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, silt or other material deposited by action of wind, water or gravity.
Staked bales or silt fencing systems that function as a filter and a velocity check to trap fine-grained sediment while allowing satisfactory passage of stormwater run-off.
A lot, tract or parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation.
A closed conduit or open ditch, natural or specifically constructed, for conducting or conveying collected stormwater. Conduits and paved open ditches are termed improved; unpaved ditches are termed unimproved.
All drainage facilities used for collecting and conducting stormwater to, through and from drainage areas to the points of final outlet including, but not limited to, the following: conduits and appurtenant features, canals, ditches, streams, gullies, flumes, culverts, streets, gutters and pump stations.
Guidelines, delineating minimum acceptable design criteria, intended primarily for use by land developers and/or engineers in the design of storm drainage systems and sediment and erosion control practices. For purpose of this regulation, the use of the Missouri Department of Natural Resources publication #000488 "Protecting Water Quality, a Field Guide to Erosion, Sediment and Stormwater Best Management Practices for Development Sites in Missouri" is encouraged.
A plan designed by a registered engineer in the State of Missouri that details the methods to be implemented to treat stormwater runoff from a specific construction site. This plan is a mandatory requirement for the approval and issuance of a land disturbance permit.
A ditch or channel constructed to carry concentrated flows of stormwater.
Land or property having little or no "impervious surface".
Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied or any activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a tract of land.
A permit that has been granted by the Planning and Zoning Commission for those permitted uses, as delineated in Chapter 404, which are allowed in a given zoning district.
Section 419.005 Applicability.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
Land disturbance activities which are to be performed on an area greater than one (1) acre or are part of a larger common plan of development or sale of land will require the issuance of a general operating permit from the Department of Natural Resources effective April 1, 2003. Land disturbance activities may not lawfully commence on any parcel of land greater than one (1) acre in gross area within the City of St. Robert without the approval of the proposed development by the City and the issuance of an approved land disturbance permit by the Missouri Department of Natural Resources.
B.
A copy of the Stormwater Pollution Prevention Plan (SWPPP) in PDF format shall be submitted to the Land Use Administrator in addition to a copy of the final land disturbance permit that has been issued by the Missouri Department of Natural Resources.
Section 419.007 Exemptions.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
Except as provided for elsewhere in this Title, the provisions of this Chapter shall not apply to the following types of developments:
1.
Construction activities on any parcel, lot or tract of land that is less than one (1) acre in gross area except when it has been determined that an excessive sedimentation or stormwater runoff hazard exists.
2.
Routine maintenance and removal of undergrowth vegetation and trees and removal of dead or diseased limbs, noxious weeds and/or vines or to remedy a potential fire or health hazard or threat to public safety. At no time will the root zone be disturbed in any instance described above.
Section 419.009 Development Approval.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
Approval. No development activities may take place on any undeveloped land within the City of St. Robert that is greater than one (1) acre of land in gross area without the approval of one (1) of the following types of actions by the City:
B.
Review. All development proposals shall be reviewed in accordance with the regulatory requirements set forth in other Chapters of this regulation, but more specifically shall require the submittal of the following documentation at a minimum to ensure the requirements of this Chapter are achieved:
Section 419.011 Erosion Control Plan.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
General.
1.
An erosion control plan shall accompany all permit applications in accordance with Section 419.009 of this Chapter. The purpose of the plan is to clearly establish what measures will be taken to prevent erosion and off-site sedimentation during and after land disturbance activities. The plan may be prepared in accordance with the Missouri Department of Natural Resources publication #000488 "Protecting Water Quality, a Field Guide to Erosion, Sediment and Stormwater Best Management Practices for Development Sites in Missouri".
2.
No building permit or certificate of occupancy shall be issued for any property subject to the provision of this Chapter until all surfaces are stable and non-erosive. A temporary certificate of occupancy may be issued if seasonal limitations prevent the establishment of vegetative cover for soil stabilization purposes, provided that such measures are established immediately during the next seasonal period to ensure adequate erosion control is effectively in place. At which time a final certificate of occupancy will then be issued upon inspection of said stabilized areas.
3.
Sediment control devices shall be maintained in accordance with the approved land disturbance permit.
4.
Sediment control practices shall be functional throughout earth disturbing activities. They shall continue to function until vegetative cover is established at a sufficient density to provide erosion control on the site.
5.
Natural vegetation shall be retained wherever possible. Where natural vegetation is removed during grading, vegetation shall be re-established in such a density as to prevent erosion.
6.
Properties adjoining development sites will be provided with protection from accelerated and increased surface water, silt from erosion and any other consequences of erosion. Runoff water from developed areas shall be directed to diversions, detention basins, concrete gutters and/or underground outlet systems.
7.
All temporary and permanent erosion control practices shall be designed and constructed to minimize maintenance requirements. They shall be maintained and repaired as needed to assure continued performance of their intended function.
B.
Plan Contents.
1.
Title block.
2.
Engineer's seal with license number and signature.
3.
Site improvements and existing features that include, but are not limited to:
a.
Property lines, and
b.
Streets and sidewalks, and
c.
Buildings, retaining walls, fences and parking lots, and
d.
Water mains, sanitary sewer mains, electrical and natural gas distribution lines, and
e.
Storm sewer lines, curb inlets, area inlets and drainage outlets, and
f.
Fire hydrants, street lights, manholes, lift stations, isolation valves, pad-mount transformers and switch gear.
4.
Existing grade contours labeled and annotated at no more than five (5) foot intervals.
5.
Location of temporary construction entrances and concrete wash down points.
7.
Location and description of inlet protection devices.
8.
Location and description of temporary and permanent diversions, channels and swales.
9.
Location and description of stormwater detention basins.
10.
Dimensioned detail drawings that illustrate the construction specifications of all control devices shown in the plan.
Section 419.013 Stormwater Pollution Prevention Plan (Swppp).
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
Plan Required. Stormwater Pollution Prevention Plan (SWPPP) be provided to the Land Use Administrator and shall show those measures that are/will be implemented on the development site to reduce the amount of sediment, pollutants and debris that leaves the construction site due to stormwater runoff. Stormwater Pollution Prevention Plans are to ensure the design, implementation, management and maintenance of Best Management Practices in order to reduce the amount of sediment and other pollutants in stormwater discharges associated with land disturbance activities, comply with the Missouri Water Quality Standards and ensure compliance with the terms and conditions of the general land disturbance permit.
1.
The development, implementation and maintenance of the Stormwater Pollution Prevention Plan (SWPPP) will provide developers with the tools to reduce pollutants contained in stormwater discharge and comply with the requirements of the general operating permit issued by the Missouri Department of Natural Resources. The primary goals of the SWPPP will be to:
a.
Identify potential sources of pollutants that affect stormwater discharge from the site;
b.
Describe the practices that will be implemented to prevent or control the release of pollutants in stormwater discharges; and
c.
Create an inspection and maintenance schedule to ensure that the practices described in the SWPPP are implemented as designed and evaluate the plan's effectiveness in reducing the pollutant levels in stormwater discharges.
2.
A Stormwater Pollution Prevention Plan (SWPPP) shall be prepared by a registered civil engineer licensed in the State of Missouri and shall accompany all permit applications in accordance with Section 419.005 of this Chapter. The SWPPP shall be supplemented with an erosion control plan as outlined in Section 419.011 of this Chapter.
3.
No storm drainage improvements shall be constructed, altered or reconstructed without first obtaining approval of the engineered plans by the Director of Public Works. No land development activities shall be authorized to commence until the Director of Public Works is satisfied that the proposed storm drainage improvements meet the requirements of this Chapter or any other ordinance or regulation of the City of St. Robert. Approval of engineering plans that include the construction of storm drainage improvements shall constitute issuance of permits to construct those facilities in accordance with the approved Stormwater Pollution Prevention Plan (SWPPP).
4.
No building permit or certificate of occupancy shall be issued for any property subject to the provisions of this Chapter until construction of the required storm drainage facilities is completed in accordance with the approved SWPPP, erosion control plan and infrastructure designs that have been reviewed and approved by the City.
B.
SWPPP Contents.
1.
At a minimum, the engineered Stormwater Pollution Prevention Plan (SWPPP) shall contain the following information that effect the development activities that will take place on the approved site:
a.
A site and physical condition description.
b.
How the drainage area will be protected.
c.
Description of Best Management Practices (BMPs) that will be used that include, but are not limited to:
d.
How the disturbed area will be protected from erosion.
e.
Locations at the site where BMPs will be installed.
f.
A description of the types of temporary and permanent non-structural BMPs that will be used.
g.
A description of the types of temporary and permanent structural BMPs that will be used.
h.
Location of the sedimentation basin for each drainage area with ten (10) or more acres disturbed at one time.
i.
Additional site management BMPs to be used such as solid and hazardous waste management, provision of portable toilets, proper storage of construction materials, installation of containment berms and use of drip pans at petroleum product and liquid storage tanks and containers.
j.
The types of permanent stormwater management that will be installed.
C.
Nuisance And Abatement.
1.
Failure to adequately maintain a storm drainage facility or adequate erosion control measures is hereby declared a nuisance.
2.
Whenever the Land Use Administrator determines that a storm drainage facility is inadequately maintained, he/she shall give notice to the property owner or owners of his/her determination and order the nuisance abated. The abatement order shall state the number of days within which the nuisance must be abated. The Land Use Administrator shall also give notice of the right of the property owner or owners to appeal the abatement order.
3.
The notice required in Subsection (C)(2) shall be in writing and shall either be personally served or mailed by certified or registered mail, return receipt requested. When service cannot be had by either of the above two (2) methods, then service may be made by publication. Notice by publication shall be made by inserting the required notice in a newspaper of general circulation published in the County at least once each week for a period of two (2) weeks. Notice shall be considered given when the owner is personally served, the mail is delivered or the last required newspaper notice is published.
4.
If the owner or owners fail to comply with the order of abatement, the Land Use Administrator may cause the nuisance to be abated and shall certify the cost of such abatement to the Board of Aldermen. The Board of Aldermen may, by ordinance, levy the cost thereof as a special tax bill against the property. The tax bill shall be collected in the same manner as other special tax bills and shall be a lien on the property until paid.
Section 419.015 Administration and Enforcement.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
It shall be the duty of the Land Use Administrator to administer and enforce these regulations in accordance with the guidelines set forth in Chapter 410 (Review and Enforcement) of this Regulation.
B.
The developer is required to establish all of the control measures as outlined in the Stormwater Pollution Prevention Plan (SWPPP) and erosion control plan for the development site. All requirements outlined in the developer's land disturbance permit issued by the Missouri Department of Natural Resources shall be met in addition to the requirements set forth in this Chapter.
C.
Any stormwater structure or erosion control practice rendered ineffective by an act of God shall not be considered non-compliance with the provisions of this Chapter if such structure or practice is restored to effectiveness within a reasonable length of time as determined by the Land Use Administrator.
Section 419.017 Penalties.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
B.
Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of these regulations, to prevent unlawful construction, to recover damages and restrain, correct or abate a violation, to prevent illegal occupancy of a building, structure or premises and these remedies shall be in addition to the penalties described above.
C.
The Land Use Administrator is authorized to issue a stop work order whenever he/she believes non-compliant land disturbance activities are occurring. A stop work order shall be in writing and shall be given to the owner of the property involved or to the owner's agent or the person engaged in the land disturbance activity. It shall be unlawful for any person to engage in any further land disturbance activity in violation of a stop work order.
Section 419.019 Appeals.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
Any person aggrieved by any decision of the Land Use Administrator in the administration or enforcement of this Chapter, other than the nuisance abatement provisions, may appeal such decision to the Board of Adjustment in accordance with Chapter 409 of this regulation.