Sullivan City Zoning Code
ARTICLE XVI
Floodplains, Drainage, Erosion and Stormwater
Section 400.793 Setbacks from Streams Outside Designated Floodplains.
[Ord. No. 2974 §1(Art. 16 §251), 11-2-2004]
A.
In any area that is located outside a designated floodplain but where a stream is located to the extent possible, no building or fill may be located within a distance of the stream bank equal to five (5) times the width of the stream at the top of the bank or twenty (20) feet on each side, whichever is greater.
B.
Use Franklin or Crawford County Soil Survey detailed field sheets, map unit descriptions and soil and water feature table to assist with on-site evaluations.
Section 400.795 Activities or Uses in Floodway or Floodplains.
[Ord. No. 2974 §1(Art. 16 §252), 11-2-2004]
All activities or uses in floodway or floodplains will be governed by the provisions contained in Chapter 405 of this Code.
Section 400.818 Natural Drainage System Utilized to Extent Feasible.
[Ord. No. 2974 §1(Art. 16 §261), 11-2-2004]
A.
To the extent practicable, all development shall conform to the natural contours of the land and natural and pre-existing manmade drainage ways shall remain undisturbed.
B.
To the extent practicable, lot boundaries shall be made to coincide with natural and pre-existing manmade drainage ways within subdivisions to avoid the creation of lots that can be built upon only by altering such drainage ways.
Section 400.820 Developments Must Drain Properly.
[Ord. No. 2974 §1(Art. 16 §262), 11-2-2004]
A.
All developments shall be provided with a drainage system that is adequate to prevent the undue retention of surface water on the development site. Surface water shall not be regarded as unduly retained if:
1.
The retention results from a technique, practice or device deliberately installed as part of an approved sedimentation or stormwater runoff control plan; or
2.
The retention is not substantially different in location or degree than that experienced by the development site in its predevelopment stage, unless such retention presents a danger to health or safety.
B.
No surface water may be channeled or directed into a sanitary sewer.
C.
Whenever practicable, the drainage system of a development shall coordinate with and connect to the drainage systems or drainage ways on surrounding properties or streets.
D.
Use of drainage swales rather than curb and gutter and storm sewers in subdivisions may be used when approved by the Engineering Department and in accordance with department specifications. Private roads and access ways within unsubdivided developments shall utilize curb and gutter and stone drains to provide adequate drainage if the grade of such roads or access ways is too steep to provide drainage in another manner or if other sufficient reasons exist to require such construction.
E.
Construction specifications for drainage swales, curbs and gutters and storm drains are contained in Appendix C to this Chapter.
Section 400.823 Stormwater Management.
[Ord. No. 2974 §1(Art. 16 §263), 11-2-2004]
A.
All developments shall be constructed and maintained so that adjacent properties are not unreasonably burdened with surface waters as a result of such developments. More specifically:
1.
No development may be constructed or maintained so that such development unreasonably impedes the natural flow of water from higher adjacent properties across such development, thereby unreasonably causing substantial damage to such higher adjacent properties; and
2.
No development may be constructed or maintained so that surface waters from such development are unreasonably collected and channeled onto lower adjacent properties at such locations or at such volumes as to cause substantial damage to such lower adjacent properties.
Section 400.825 Sedimentation and Erosion Control.
[Ord. No. 2974 §1(Art. 16 §264), 11-2-2004]
A.
No zoning or conditional use permit may be issued and final plat approval for subdivisions may not be given with respect to any development that would cause land disturbing activity subject to the jurisdiction of the Missouri Department of Natural Resources unless it has certified to the City, either that:
1.
An erosion control plan has been submitted to and approved by Missouri Department of Natural Resources; or
2.
The Missouri Department of Natural Resources has examined the preliminary plans for the development and it reasonably appears that an erosion control plan can be approved upon submission by the developer of more detailed construction or design drawings. However, in this case, construction of the development may not begin (and no building permits may be issued) until the Missouri Department of Natural Resources approves the erosion control plan.
B.
For purposes of this Section, "land disturbing activity" means any use of the land by any person in residential, industrial, educational, institutional or commercial development and highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. Sedimentation occurs whenever solid particulate matter, mineral or organic, is transported by water, air, gravity or ice from the site of its origin.
Section 400.828 Corps of Engineers Permits.
[Ord. No. 2974 §1(Art. 16 §265), 11-2-2004]
Developers shall be required to obtain all permits, including four hundred four (404) permits, for all work to be performed in or adjacent to waters of the United States. Written proof shall be supplied with permit applications.