[R.O. 2009 §13.08.360; Ord. No. 4101 §9, 1980]
For the purpose of this Article, the following definitions shall
apply. Words used in the singular include the plural and the plural
the singular; words used in the present tense include the future tense.
The word "shall" is mandatory and not discretionary.
The word "may" is permissive. Words not defined in
this Section shall be construed to have the meaning given by common
and ordinary use as defined by the latest edition of Webster's Dictionary.
100-YEAR STORM
Rainstorms of varying durations and intensities having a
one percent (1%) or more probability of recurring in any one (1) year.
APPLICANT
Any person applying for a permit to proceed with a project.
AQUIFER
An underground formation, group of formations or part of
a formation that is permeable enough to transmit, store and yield
usable quantities of water.
ARTIFICIAL DRAINAGE SYSTEM
Any canal, ditch, culvert, dike, storm sewer or other manmade
facility which tends to control the surface flow of water.
DEVELOPER
Any person who acts in his/her own behalf or as the agent
of any owner of property and engages in alteration of land or vegetation
in preparation for construction activity.
DEVELOPMENT
The carrying out of any building or mini-operation or the
making of any material change in the use or appearance of any structure
or land.
GROUND WATER
Water beneath the surface of the ground whether or not flowing
through known and definite channels.
HYDROGRAPH
A graph showing, for a given point on a stream or conduit,
the runoff flow rate with respect to time.
HYDROLOGIC CYCLE
The movement of water through the environments on, above
and below the surface of the earth.
IMPROVEMENT
The alteration of any structure, land, vegetation or water
body or the construction of any structure.
LAND
The earth, water and air above, below or on the surface and
includes any vegetation, improvements or structures customarily regarded
as land.
NATURAL FLOW PATTERN
The rate, volume and direction of the surface or ground water
flow occurring under natural conditions for any given portion of Sikeston,
Missouri.
PERSON
An individual, corporation, governmental agency, business
trust, estate, trust, partnership, association, two (2) or more persons
having a joint or common interest or any other legal entity.
PROJECT
The particular structures and improvements proposed by the
applicant on a particular land area which are part of a common plan
of development and shall include the subdivision of land into two
(2) or more parcels for the purpose of offering the same to the public
for purchase.
PROJECT INITIATION
All acts antecedent to actual construction activities and
includes, but is not limited to, land clearing, surveying, site planning,
architectural drawing, utility construction and the like.
RATE
Volume per unit of time.
RECHARGE
The inflow of water into a project, site, aquifer, drainage
basin or facility.
SITE PLAN
The plan required to acquire a development construction,
building or stormwater permit which shows the means by which the developer
will conform with applicable provisions of this Article and other
applicable ordinances.
STORMWATER DRAINAGE SYSTEM
All means, natural or manmade, used for conveying stormwater
to, through or from a drainage area to the point of final outlet including,
but not limited to, conduits and appurtenant features, canals, channels,
ditches, streams, culverts and streets.
STORMWATER RUNOFF
The waters derived from rain or melting snow within a tributary
drainage basin, flowing over the surface of the ground or collected
in channels or conduits.
STRUCTURE
That which is built or constructed, an edifice or building
of any kind or any piece of work artificially built up or composed
of parts joined together in some definite manner.
SURFACE WATER
Water upon the surface of the earth, whether contained in
bounds created naturally or artificial or diffused. Water from natural
springs or wells shall be classified as surface water when it exits
from the spring or well onto the earth's surface.
VOLUME
Occupied space and is measured in cubic units.
WATER
All water on or beneath the surface of the ground or in the
atmosphere, including natural or artificial watercourses, lakes, ponds
or diffused surface water and water standing, percolating or flowing
beneath the surface of the ground, as well as all coastal waters within
Sikeston, Missouri.
WETLANDS
Fresh or salt water marshes, swamps, bogs and wet woodlands
characterized by specific vegetational types and plan communities,
whether:
2.
Flooded only seasonally; or
3.
Having a water table within six (6) inches of the ground surface
for at least three (3) months of the year.
[R.O. 2009 §13.08.370; Ord. No. 4101 §1, 1980]
This Article shall apply to the incorporated areas of the City.
[R.O. 2009 §13.08.380; Ord. No. 4101 §2, 1980; Ord. No. 5816 §II, 6-15-2010]
No person may make any improvements or change in the use, arrangements
or appearance of any structure or land without first obtaining a permit
from the City of Sikeston, in the manner set forth in this Article,
and in any and all other applicable ordinances in effect in this City.
[R.O. 2009 §13.08.390; Ord. No. 4101 §3, 1980; Ord. No. 5816 §II, 6-15-2010; Ord. No. 6304, 5-1-2023]
A. For
purposes of this Article, the following activities may potentially
alter or disrupt the natural stormwater runoff patterns and as such
will require a land disturbance permit prior to the initiation of
any such project.
1. Clearing and/or draining of land as an adjunct to construction;
2. Clearing and/or draining of land for agricultural purposes;
3. Converting agricultural lands to non-agricultural uses;
4. Subdividing land into two (2) or more parcels;
5. Replatting recorded subdivisions and the development of unrecorded
subdivisions;
6. Changing the use, arrangement, appearance, intensity or density of
structures or land;
7. Altering the shoreline or bank of any surface water body;
8. Any activities which disturbs greater than or equal to one (1) acre,
or less than one (1) acre if the activities are part of a larger common
plan or development or sale that would disturb one (1) acre or more,
with the exception of farming activities; and
9. Creating and/or increasing pervious surface, either building or parking
area, with an area of greater than two thousand (2,000) square feet.
[R.O. 2009 §13.08.410; Ord. No. 4101 §5, 1980; Ord. No. 4208 §4, 1980; Ord. No. 4332 §§1—2,
1982; Ord. No. 5816 §II, 6-15-2010]
A. Stormwater
management control standards shall meet the following performance
standards and requirements:
1. The surface runoff from the developed site shall approximate the
hydrograph, in terms of peak flow, for a two-year frequency storm
for the undeveloped, natural site. In addition the shape and timing
of the outflow hydrograph on downstream flow and water quality conditions
shall be assessed.
2. Historical rates and volumes of stormwater runoff, whether discharged
into natural drainage corridors or artificial drainage systems, shall
meet existing water quality standards at the point of discharge. Discharge
points shall be designed to prevent erosive velocities.
3. Runoff computations shall be based on the most critical situation
(rainfall duration and distribution) and conform to acceptable engineering
practices using rainfall data and other local information applicable
to the affected area.
4. Retention or detentions structures and attenuation devices.
a. Retention or detention structures and attenuation devices in subdivision
projects shall be on private property, except where it is determined,
through the subdivision review process, that there will be a public
benefit and that specific public benefit is desirable in the proposed
location. Maintenance responsibility shall remain with the property
owner on which the structure is located.
b. To determine the desirability and feasibility of public ownership
and public maintenance of a retention or detention structure and attenuation
devices the following items shall be considered in, but not limited
to, the following evaluations.
(1)
Size of the development project;
(2)
Type of retention or detention facility;
(3)
Multiple uses of the area;
(4)
Maintenance costs involved;
(5)
Effectiveness of stormwater control; and
(6)
Relationship to the overall development.
[R.O. 2009 §13.08.420; Ord. No. 4101 §6(part), 1980; Ord. No. 5816 §II, 6-15-2010]
A. The
following criteria are to be applied in the design and development
of stormwater drainage facilities:
1. Stormwater collection systems.
a. Design frequency. Ten (10) year frequency rainfall
amounts from technical papers published by the U.S. Weather Bureau
shall be used to determine the discharges for the design of storm
sewers, inlet capacities and such appurtenances.
b. Hydrologic design. Hydrologic designs and summary
runoff computations shall be prepared by a professional engineer registered
in the State of Missouri and must be made using the Rational Method
(with "C" factors based upon percent of impervious site area from
the tabulation in this paragraph), Soil Conservation Service Technical
Release 55 (TR-55) or other technical method acceptable to the City.
If other methods than the two (2) noted herein are proposed, then
approval must be obtained from the City.
|
% Impervious
|
Rational C Factor
|
---|
|
5
|
0.37
|
|
10
|
0.39
|
|
20
|
0.44
|
|
30
|
0.48
|
|
40
|
0.52
|
|
50
|
0.56
|
|
60
|
0.60
|
|
70
|
0.64
|
|
80
|
0.68
|
|
90
|
0.73
|
|
100
|
0.77
|
c. Hydraulic design. Hydraulic computations for pipes
and ditches shall use open-channel, pressurized pipe, culvert, orifice
and weir equations and coefficients generally accepted by the civil
engineering community. The project engineer shall clearly document
the sources used for hydraulic design.
d. Conveyance on streets. The 10-year storm flow shall
be allowed to be conveyed on all streets to a depth of two (2) inches
above the roadway centerline, but in no case shall the stormwater
extend either to more than fourteen (14) feet beyond the edge of pavement
or back of curb or outside the street right-of-way.
e. Maintenance during construction.
(1)
Straw bale barriers, silt fences or similar erosion control
features must be provided during construction to control the transport
of silt from the site and into the public streets or storm water system.
(2)
Seeding and mulching or sodding of earthen improvements must
made as soon as possible after completion of the improvements.
(3)
Prior to acceptance by the City all features must be free of
sediment and a sufficient stand of grass or other protective measures
must be established to retard erosion and control the transport of
sediment.
(4)
If the developer fails to provide adequate maintenance and the
facilities become inoperative or ineffective, the City of Sikeston
may perform remedial work at the developer's expense.
2. Stormwater detention or retention facilities.
a. When required. Detention or retention systems will
be required for development sites from which the post-development
10-year discharge would exceed the 10-year pre-development discharge
and where the existing downstream drainage facilities have inadequate
capacity to accept the additional post-development discharge from
the site. Design computations will be required to demonstrate that
no detention is required. Developments without detention or retention
must be individually approved by the City Manager or his/her designee.
b. Detention design frequency. Detention basins shall
be designed to receive the 10-year post-development discharge and
limit the maximum discharge from the site to the 2-year pre-development
discharge. Computations must be provided for the basin volume and
for the performance of the control structure.
c. Detention volume for sites of 20 acres or less. For
sites of twenty (20) acres or less the volumes for detention basins
shall be determined by either a routing of the 10-year hydrograph
through the basin and control structure by an acceptable computer-based
hydraulic routing program or by providing a volume equivalent to provided
one thousand eight hundred (1,800) seconds of storage of the difference
between the 10-year peak post-development discharge and the 2-year
peak pre-development discharge.
d. Detention volume for sites of over 20 acres. For
sites of over twenty (20) acres the volumes for detention basins must
be determined by routing the 10-year hydrograph through the basin
and control structure with an acceptable computer-based hydraulic
routing program.
e. Retention basin design. Storm water retention basins
or hybrid detention/retention basins may be used to take advantage
of soil infiltration to reduce the peak rate of discharge. Discharge
from such basins shall not exceed the 2-year pre-development flow.
Design seepage rates shall not be more than ten percent (10%) of that
observed by on-site percolation tests or indicated by soil report
data. The total volume of no-discharge retention-only basins shall
not be less than that required to contain the total volume of runoff
from an eight and one-half (8.5) inch rainfall event as indicated
by Table 2-1 of TR-55.
f. Forms of detention and retention. Detention and
retention basins may be provided in the following forms:
(1)
Drain-dry earthen basins with maximum 4:1 side slopes, concrete
lined low-flow channels and a one (1) foot minimum freeboard,
(2)
Permanent ponds with maximum 4:1 side slopes, minimum permanent
water depth of three (3) feet and two (2) foot minimum freeboard,
(3)
Underground piping and basins with provisions for silt control
and removal,
(4)
Parking lots to a maximum depth of twelve (12) inches.
(5)
The above list of design options is not intended to preclude
the use of innovative design concepts.
g. Detention and retention facility design and site details. The design and site details for detention and retention basins must
provide for the following:
(1)
Adequate space and legal authority for access (a minimum of
fifteen (15) feet around top of slopes) must be provided for maintenance
and inspection.
(2)
The facilities must be designed and have emergency spillways
to allow passage of a 100-year developed runoff without detriment
to the structure and must limit backwater to avoid damage to the improvements
on the site.
(3)
Low-flow openings of less than twelve (12) inches in diameter
or minor dimension shall be provided with a two (2) inch bar screen
with a net opening area of at least one hundred forty-four (144) square
inches.
h. Maintenance during construction.
(1)
Detention or retention facilities must be constructed before
other major site disruption to allow the features to be used for the
control of the transport sediment.
(2)
Accumulated sediment must be removed whenever the presence of
such sediment degrades the performance of the structure in the control
of transport of sediment.
(3)
If the developer fails to provide adequate maintenance and the
facilities become inoperative or ineffective or become a nuisance,
the City of Sikeston may perform remedial work at the developer's
expense.
[R.O. 2009 §13.08.420; Ord. No. 5816 §II, 6-15-2010]
A. The
following provisions shall govern the control of all construction
site runoff for all construction projects within the City.
1. Site disturbance permits required. All construction
projects which would disturb greater than or equal to one (1) acre,
or less than one (1) acre if the construction project is part of a
larger common plan or development or sale that would disturb one (1)
acre or more must obtain a land disturbance permit from the Missouri
Department of Natural Resources, in addition to any land disturbance
permit issued by the City.
[Ord. No. 6304, 5-1-2023]
2. Best management practices (BMP's). BMP's shall include
both physical improvements and good construction practices. The minimum
required BMP's shall include the following, but may include others
as required by the owner in the review of the construction.
a. Physical silt control BMP's. All construction projects
shall provide a physical or vegetative buffer to retard the migration
of silt from the site of the project. These measures must be installed
prior to the start of excavating or grading activities and may be
either silt fencing, straw bale barriers, sod strips, fully-established
turf strips or other management practice that will effectively retard
the migration of silt.
b. Physical tracking control BMP's. The access to construction
sites must be either a permanently paved or a temporary gravel surface
sufficient to allow for the movement to and from the site and parking
of vehicles on site. The goal of this requirement is to eliminate
the tracking of silt on vehicles from construction sites.
c. Establishment of turf. The contractor shall provide
seeding and mulching of a minimum width of twenty (20) feet along
the perimeter of the site immediately upon completion of grading activities.
Follow-up seeding shall be done as required to produce an acceptable
stand of grass. No disturbed areas along the site perimeter shall
be left without seeding for more than one (1) month.
d. Construction practice BMP's. Provisions must be
made on construction sites to prevent the migration of mud, silt and
debris including the following minimum measures:
(1)
The contractor shall be responsible to inform employees on the
goals to minimize pollution and to provide instructions on the measures
required by this Chapter.
(2)
Parking on non-surfaced areas shall be avoided. Contractors
must use paved access and parking areas adjacent to or within the
area.
(3)
All vehicles leaving the site will be washed of all mud. The
contractor shall maintain a wash down area and washed materials shall
be removed on a regular basis.
(4)
The contractor shall sweep the public roadway as required to
remove mud, dirt or rock tracked from the site.
(5)
No slopes or cut faces or embankments shall be left at day's
end that are greater than 3 horizontal to 1 vertical except for excavations
than have no discharge from the site.
e. Spill prevention BMP's. The following provisions
must be made regarding spill prevention and control:
(1)
Any spill of petroleum, paint or other product which might cause
ground water pollution in excess of five (5) gallons shall be immediately
reported to the City.
(2)
Vehicles that have fluid leaks will not be used, any leaks will
be fixed immediately or the equipment shall be hauled from the site.
(3)
Concrete trucks shall not be washed down in areas where the
washed material will not be properly disposed with embankment.
(4)
The contractor shall not allow any liquid to be washed into
any street, storm sewer, swale or ditch. All liquid products shall
be stored in their original containers and sealed when not in use.
f. Solid waste BMP's. The following provisions must
be made regarding the handling of solid waste:
(1)
All vegetative solid waste shall be disposed by the contractor
in compliance with prevailing laws, ordinances and regulations. No
burning of any form will be allowed.
(2)
Removed pavement may be used as embankment as long as it qualifies
as clean fill in compliance with prevailing laws, ordinances and regulations.
(3)
Other solid waste not conforming to the above requirements shall
be disposed by the contractor at a permitted solid waste disposal
facility.
g. Maintenance and inspection of BMP's. As a minimum
the contractor shall perform the following maintenance and inspection
activities:
(1)
All control measures shall be inspected by the contractor at
least once per week and following any storm event of one-half (0.5)
inches or more. A log shall be kept of inspection activities.
(2)
Repairs required for any structural BMP's shall be made by the
contractor within twenty-four (24) hours of being discovered.
(3)
Public roadways used for access for the project shall be inspected
daily for dirt, debris, spills and any such materials shall be corrected
immediately.
(4)
Public roadway pavements shall be inspected daily for pavement
damage, any noted damage must be reported to the City immediately.
(5)
Accumulated sediment that impacts the performance of a BMP will
be removed and shall not be allowed to exceed one-third (1/3) the
height of the barrier.
[R.O. 2009 §13.08.430; Ord. No. 5816 §II, 6-15-2010]
A. The
following provisions shall govern the long-term operation and maintenance
of privately-owned drainage facilities including detention and retention
basins.
1. If responsibility for post-construction operation and maintenance
is to be transferred to the individual private owners in a subdivision,
the developer shall assure perpetual maintenance of the drainage facilities
through the adoption of maintenance agreements and covenants to be
noted on and recorded with the subdivision plat and referenced on
the deeds for any such facilities.
2. Operation and maintenance responsibilities for stormwater detention
and retention structures including flow attenuation devices shall
remain with the legal owner of the site of the subject improvements.
Typical operation and maintenance activities include the following:
a. Period inspections for defects affecting performance,
b. Removal of accumulated silt and debris,
c. Mowing and turf maintenance.
3. If the owner of the site for stormwater detention and retention structures
including flow attenuation devices fails to provide adequate operation
and maintenance and the facilities become inoperative or ineffective
or become a nuisance, the City of Sikeston may perform remedial work
at the developer's expense.
[R.O. 2009 §13.08.440; Ord. No. 4101 §7(part), 1980; Ord. No. 5816 §II, 6-15-2010]
A. Any
person proposing to make any material change in the use or appearance
of any structure or land shall apply for a permit on an application
form available from the Planning/Code Enforcement Office of the City
of Sikeston. Said application shall be filed by the owner/applicant
and shall contain the following elements:
2. A statement expressing the intent and scope of the proposed project;
and
3. A schedule of proposed improvements.
[R.O. 2009 §13.08.450; Ord. No. 4101 §7(part), 1980; Ord. No. 5816 §II, 6-15-2010]
A. Within
forty-five (45) working days after submission of the completed permit
application package, the City Manager or his/her designee shall approve,
approve subject to conditions/modifications or reject the proposed
plans and shall notify the applicant accordingly.
1. If additional engineering information is required, it shall be the
responsibility of the applicant to furnish the following information
to the City Manager or his/her designee:
a. A detailed site plan, including general location map for the proposed
project prepared by a professional engineer registered in the State
of Missouri;
b. Topographic maps of the site before and after the proposed alteration,
including such adjoining land whose topography may affect the layout
or drainage;
c. General vegetation maps of the site before and after the proposed
alteration; and
d. The construction plans, specifications and computations necessary
to indicate compliance with the requirements of this Article.
2. If the application is rejected or modified, the City Manager or his/her
designee shall state the reasons for rejection or modification.
3. If the City Manager or his/her designee has not rendered a decision
within forty-five (45) business days after the application's submission,
the designee must inform the applicant of the status of the review
process and the anticipated completion date.
4. If the applicant feels aggrieved due to rejection, modification or
delay, the applicant must request a hearing before the City Council.
[R.O. 2009 §13.08.460; Ord. No. 5816 §II, 6-15-2010]
A permit fee shall be collected at the time the permit application
is filed. Said fee will reflect the cost of the administration and
management of the permitting process.
[R.O. 2009 §13.08.470; Ord. No. 5816 §II, 6-15-2010]
After approval of the permit application, the applicant shall be required to adhere strictly to the stormwater management plan and construction site runoff control measures, as approved. Any changes or amendments to the plan must be approved by the City Manager or his/her designee in accordance with the procedures set forth in Sections
700.090 through
700.140. The City Manager or his/her designee shall be granted inspection rights and right-of-entry privileges in order to insure compliance with the requirements of this Article.
[R.O. 2009 §13.08.480; Ord. No. 4101 §10, 1980; Ord. No. 5816 §II, 6-15-2010]
A. If
the City Manager or his/her designee determines the project is not
being carried out in accordance with the approved plan, said designee
is authorized to:
1. Issue written notice to the applicant specifying the nature and location
of the alleged non-compliance, with the remedial steps necessary to
bring the project into compliance.
2. Issue a stop work order directing the applicant to cease and desist all or any portion of the work which violates the provisions of this Article, if the remedial work is not completed within a specified time frame. The applicant must then bring the project into compliance or be subject to immediate revocation of this permit and to the penalties in Section
700.190.
[R.O. 2009 §13.08.490; Ord. No. 4101 §12, 1980; Ord. No. 5816 §II, 6-15-2010]
Where it may be shown by investigation that an increase or decrease
in the rate or volume of surface runoff may be beneficial to the water
resources of the City of Sikeston, Missouri, the City Manager, upon
recommendation by his/her designee, may grant a variance to this Article.
The variance request must be initiated by the developer.
[R.O. 2009 §3.08.500; Ord. No. 4101 §13, 1980; Ord. No. 5816 §II, 6-15-2010]
No part of this Article shall be construed to prevent the doing
of any act necessary to prevent material harm to or destruction of
real or personal property as a result of a present emergency when
the property is in imminent peril and the necessity of obtaining a
permit is impractical and would cause undue hardship in the protection
of the property.
[R.O. 2009 §13.08.510; Ord. No. 4101 §14, 1980; Ord. No. 5816 §II, 6-15-2010]
In the interpretation and application of this Article, the provisions
expressed shall be held to be the minimum requirements and shall be
liberally construed in favor of the City and shall not be deemed a
limitation or repeal of any other powers granted by City Charter or
State Statutes.
[R.O. 2009 §13.08.520; Ord. No. 4101 §15, 1980; Ord. No. 5816 §II, 6-15-2010]
This Article shall not create liability on the part of the City
or any official or employee thereof for any damages which may result
from reliance on this Article or on any administrative decision lawfully
made thereunder.
[R.O. 2009 §13.08.530; Ord. No. 4101 §16, 1980; Ord. No. 5816 §II, 6-15-2010]
In case of conflict between this Article or any part thereof
and the whole or part of any other existing or future ordinance or
code, the most restrictive in each case shall apply.
[R.O. 2009 §13.08.540; Ord. No. 4101 §11, 1980; Ord. No. 5816 §II, 6-15-2010]
Any person, whether owner, lessee, principal, agent, employer
or otherwise, who violates or causes to be violated any provision
of this Article or permits any such violation or fails to comply with
any of the requirements shall be punished by a fine not to exceed
five hundred dollars ($500.00) or by imprisonment for a period not
to exceed sixty (60) days, or by both such fine and imprisonment.
Each day upon which such violation shall continue shall constitute
a separate offense hereunder.