City of Battlefield, MO Required Public Improvements

[R.O. 2017 § 405.340; Ord. No. 02-19 §§ 1 — 5, 10-15-2002]

Improvements shall be installed only in accordance with a final plat that has been approved under the provisions of this Chapter. Such improvements must be in accordance with construction plans approved by the City.

Section 405.350 Assurances For Improvements.

[R.O. 2017 § 405.350; Ord. No. 02-19 §§ 1 — 5, 10-15-2002; Ord. No. 09-05 § 1, 4-7-2009]

Methods Of Assurances. Completion of required public improvements shall be assured by the methods prescribed in this Section. The installation of such improvements shall be at no cost to the City.

Improvements Installed Before Plat Recording. Before the final plat of any subdivision shall be recorded, the subdivider shall provide for the installation of all improvements described in this Article.

Sidewalk Installation. In lieu of installation of required sidewalks before the final plat is recorded, the subdivider may either escrow with the City or post a surety bond (from a corporate surety engaged in the business of issuing and signing surety bonds in the State of Missouri) for an amount equal to the cost of construction of the required sidewalks. The escrow or bond amount shall be approved by the City Engineer based on current anticipated construction costs. The escrow/bond amount shall be sufficient to take into account any reasonably anticipated potential increases in the construction costs over the course of the escrow/bond period. The escrow or bond agreement shall be approved by the City Attorney. All legal, engineering and other third party costs incurred by the City in connection with the approval and execution of escrow or bond as authorized by this Section shall be paid by subdivider to the City. The payment of said expenses is a condition precedent to the right to defer the installation of the sidewalks authorized by this Section.

Time Of Completion. All sidewalk improvements must be completed within one (1) year of final plat recording. Upon proof of hardship, the subdivider may request that the completion date of the sidewalk installation be extended one (1) time for a maximum period of one (1) additional year beyond the date provided for in the escrow/bond agreement [said date not to exceed one (1) year from the date of the recording of the final plat]. The request shall be submitted to the Commission and, if recommended by the Commission, the Board of Aldermen may vote to approve the requested extension. No request for extension shall be granted unless:

(1)

The request is made prior to the earlier of the expiration of the time allowed under the escrow/bond or the end of the one (1) year period following recordation of the final plat; and

(2)

The escrow/bond amount is adjusted following review and revision, if applicable, by the City Engineer. If the sidewalk improvements are not completed within the specified time, the City may use the funds from said escrow/bond or any necessary portion thereof to complete the improvements.

Release Of Escrow/Bond. Where required sidewalk improvements are guaranteed under the provisions of Section 405.350(A), the Board of Aldermen may release said bond or escrowed funds posted by the subdivider when the City Engineer has determined that all required sidewalks have been satisfactorily completed by the subdivider and "as-built plans" have been certified to the City in accordance with the provisions of Section 405.350(B). In the event the City is required to complete the construction of the sidewalks with the escrow/bond funds and there are funds remaining after all expenses of the City have been paid, the City shall refund any remaining balance after ensuring that all such expenses have been paid.

As-Built Plans. Before the Board of Aldermen will approve the final plat under provisions of Section 405.350(A), the applicant's engineer shall certify to the City, through the submission of detailed "as-built" plans, that the improvements have been constructed substantially in conformance with the approved plans and specifications and that the improvements are free and clear of any and all liens and encumbrances and are ready for dedication to the City.

The "as-built" plans shall show actual elevations of all elevation points shown on the approved improvement plans, computation of all actual grades, computations of actual detention volume, actual dimensions and locations of all structures and locations of all improvements relative to all easements or rights-of-way. All sewer laterals shall be located by giving a distance from the upstream manhole down to the lateral connector.

The information to be included in the "as-built" plans may be provided on the approved construction plans; but if, for any reason, placing said notations on the construction plans is inappropriate or difficult, then this information shall be presented on a separate drawing or drawings.

The "as-built" survey shall be sealed by a land surveyor registered in the State of Missouri, with the design engineer's seal and supplied and paid for by the subdivider, along with any additional engineering fees incurred by the City in connection with review of the "as-built" survey.

Final Plat In Phases. Where subdivision plats are approved in phases, no phase of a final plat shall be recorded unless all required improvements for said phase are installed or guaranteed in accordance with the provisions of this Section.

Section 405.360 Protection Against Defects.

[R.O. 2017 § 405.360; Ord. No. 02-19 §§ 1 — 5, 10-15-2002]

Surety Required. The developer shall post a performance bond or other sufficient surety, acceptable to the Board of Aldermen, to guarantee that the developer will correct all defects in such improvements or facilities that occur within two (2) years after the offer of dedication of such facilities or improvements is accepted by the City.

Defects Defined. The term "defects" refers to any condition in facilities or improvements dedicated to the public that requires the City to make repairs in such facilities or improvements over and above the amount of maintenance that normally would be required as determined by the City. If such defects appear, the guaranty may be enforced regardless of whether the facilities or improvements were constructed in accordance with the requirements of this Chapter.

Section 405.370 Monuments And Markers.

[R.O. 2017 § 405.370; Ord. No. 02-19 §§ 1 — 5, 10-15-2002]

Markers and monuments shall conform to the Missouri Minimum Standards for Property Boundary Surveys promulgated by the Division of Geology and Land Survey, Missouri Department of Natural Resources.

Section 405.380 Blocks.

[R.O. 2017 § 405.380; Ord. No. 02-19 §§ 1 — 5, 10-15-2002]

Block Size. Block length and width or acreage within bounding streets shall be such as to accommodate the size of lot required by the zoning district and to provide for convenient access, circulation and safety of street traffic.

Block Lengths. Block lengths shall not exceed one thousand five hundred (1,500) feet or be less than three hundred (300) feet, except under unusual conditions or in the case where the average size of lots is greater than two (2) acres.

Block Arrangements. A block should be arranged to provide two (2) tiers of lots and to allow for adequate pedestrian access through the subdivision and to adjoining properties.

Section 405.390 Lots.

[R.O. 2017 § 405.390; Ord. No. 02-19 §§ 1 — 5, 10-15-2002]

Street Frontage. All lots shall abut by their full frontage on a publicly dedicated street.

Side Lot Lines. Side lot lines shall be at approximate right angles to straight street lines or radial to curved street lines.

Corner Lots. In conformance with the requirements of the zoning district, corner lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets.

Double Frontage And Reverse Frontage Lots. Double frontage and reverse frontage lots shall be avoided except where essential to provide separation of residential development from arterial streets or to overcome site specific difficulties of topography or orientation. Where double frontage lots are permitted, access from the "rear" or arterial street is prohibited.

Lots Abutting State Highways.

In platting lands abutting a limited access highway, every effort shall be taken to minimize the adverse impact of heavy or high speed highway traffic on the land being platted and to minimize interference with through traffic.

Lots abutting highways shall be platted at generous depth. Unless not otherwise possible, vehicular access to such lots shall be provided by minor streets or by frontage roads paralleling the highway. Access to such frontage road or minor street shall be set back at a sufficient distance from the highway intersection so as not to impede the flow of traffic on the highway.

The frontage of such lots may be reversed and access provided via means of a minor street.

Access To Single-Family And Duplex Lots. Whenever a subdivision involving the creation of one (1) or more new streets borders on or contains an existing or proposed arterial street, no direct driveway access shall be provided from the lots within the subdivision to the arterial street. See Article VIII, Street Access Management Standards, of this Chapter.

[Ord. No. 23-11, 8-22-2023]

Lots Subject To Flooding. Lots subject to flooding and deemed uninhabitable by the City shall not be platted for residential occupancy nor for any other use that may increase danger to health, life or property or aggravate flood hazards. Such land within the plat shall be set aside for such uses that shall not be endangered by periodic or occasional inundation or shall not result in unsatisfactory living conditions.

Lot Remnants Prohibited. All land area within the plat shall be designated as a lot, dedicated to and accepted by the City or designated for particular use with adequate provisions for continued maintenance. Remnants of land not designated for private use, utilities or other public purpose are not permitted.

Building Lines. Building lines shall be shown on all lots intended for residential use and in some cases may be required on lots intended for business use.

Lot Dimensions. Minimum lot size, width, depth and minimum building setback lines shall conform to requirements of the zoning district.

Section 405.400 Streets.

[R.O. 2017 § 405.400; Ord. No. 02-19 §§ 1 — 5, 10-15-2002; Ord. No. 10-10 §§ 1 — 3, 7-20-2010]

General Requirements.

The classification, extent and location of all streets shall conform to the Battlefield Comprehensive Plan and the major street plan. Where not shown, the arrangement and design standards of streets shall conform to the provisions herein.

All streets, curbs and gutters shall be designed and constructed in accordance with the provisions of this regulation and the City of Battlefield design standards for public improvements. The City shall not approve streets that will be subject to frequent or repeated inundation or flooding.

The requirements of Article VIII, Street Access Management Standards, in Chapter 405 shall be applicable to this Section relating to streets.

[Ord. No. 23-11, 8-22-2023]

Street Classification.

In all new subdivisions, streets that are dedicated to public use shall be classified as provided in Section 405.400(B)(2).

The classification shall be based upon the projected volume of traffic to be carried by the street, stated in terms of the number of trips per day.

The number of dwelling units to be served by the street may be used as a good indicator of the number of trips but is not conclusive.

Whenever a subdivision street continues an existing street that formerly terminated outside the subdivision or it is expected that a subdivision street will be continued beyond the subdivision at some future time, the classification of the street will be based upon the street in its entirety, both within and outside of the subdivision.

The classification of streets shall be as follows:

Local Streets. Streets which are intended to provide access to individual properties abutting the street and are designed for low volume, low speed traffic.

Collectors. Streets which collect and distribute traffic to and from local streets and arterial streets and are designed for low to moderate volume, low speed traffic. The functions of traffic movement and access to abutting properties are to be balanced.

Parkways. Scenic open spaces which combine the functions of aesthetics and movement of traffic along an arterial.

Secondary Arterials. Streets of considerable continuity which are intended to provide for moderate volume, moderate speed traffic movement between major activity centers and between neighborhood areas within the City. Access to abutting property is subordinate to the follow of traffic and entrances and exits to the arterial are subject to control.

Primary Arterials. Streets of considerable continuity which are intended to provide for high volume, moderate speed traffic movement through the community and between major activity centers. Access to abutting property is subordinate to the follow of traffic and entrances and exits to the arterial are subject to control.

Expressways. Streets that connect the City to other areas and the primary function is to move traffic through the City. Expressways carry large volumes of traffic at moderate to high speeds and access may be limited.

Coordination With Surrounding Streets.

The street system of a subdivision shall be coordinated with exiting, proposed and anticipated streets outside the subdivision or outside the portion of a single tract that is being divided into lots.

Collector streets shall intersect with surrounding collector or arterial streets at safe and convenient locations.

Local streets shall connect with surrounding streets where necessary to permit the convenient movement of traffic between residential neighborhoods or to facilitate access by emergency vehicles, but connections shall not be permitted where the effect would be to encourage the use of such local streets by substantial through traffic.

When a new subdivision adjoins unsubdivided land susceptible to being subdivided, the new streets shall be developed to the boundaries of such tract. Temporary turnarounds shall be constructed at the end of such streets pending their extension to facilitate the flow of traffic or to accommodate emergency vehicles. Notwithstanding the other provisions of this Subsection, no temporary dead-end street in excess of one thousand (1,000) feet may be created unless no other practicable alternative is available.

Rights-Of-Way And Pavement Widths. All street rights-of-way and pavement widths shall be in accordance with the provisions in the following table and the City of Battlefield design standards for public improvements:

Street Type		Minimum Right-of-Way Width (Feet)	*Minimum Pavement Width (Feet)**
Alleys and service drives		24	20
Local
	Single-family or duplex residential	50	32
	Multi-family residential	60	36
Collector
	Single-family residential	50	36
	All other development (without bicycle lane)	65	29
	All other development (with bicycle lane)		35
Parkway
	Divided	120	86
	Undivided	100	68
Secondary arterial (without bicycle lane) Secondary arterial (with bicycle lane) Primary arterial		80 80 110	41 46 76 (with 18 feet median)
Expressways Six lane Four lanes		180 (plus frontage roads) 180 (plus frontage roads)	124 98
*Minimum pavement width shall be from back to back of curb

Entrances To Streets. All driveway entrances and other openings onto streets within the City's jurisdiction shall be constructed so that:

Vehicles can enter and exit from the lot in question without posing any substantial danger to themselves, pedestrians or vehicles traveling on abutting streets.

Interference with the free and convenient flow of traffic in abutting or surrounding streets is minimized.

All driveway entrances are required to comply with the City of Battlefield design standards for public improvements.

Driveway access to collector streets shall be minimized to facilitate the free flow of traffic and to avoid traffic hazards.

Street Intersections.

Streets shall intersect as nearly as possible at right angles and no two (2) streets may intersect at less than sixty degrees (60°). Not more than two (2) streets shall intersect at any one (1) point unless it can be shown that such an intersection can be constructed with no extraordinary danger to public safety.

Street jogs with center-line offsets of less than one hundred fifty (150) feet shall be prohibited.

Except when no other alternative is practicable or legally possible, no two (2) streets may intersect with any other street on the same side at a distance of less than four hundred (400) feet measured from center line to center line of the intersecting street. When the intersected street is an arterial, the distance between intersecting streets shall be at least one thousand (1,000) feet.

Cul-De-Sac. Culs-de-sac shall not exceed five hundred (500) feet in length and the closed end shall have a turnaround encompassing a minimum right-of-way diameter of one hundred (100) feet.

Half Streets. Half width streets are prohibited unless otherwise necessary to complete a half-street already developed in an adjoining subdivision.

Dead-End Streets. Unless otherwise permitted in Section 405.400(C)(4), dead-end streets are prohibited.

Street Grades And Curves.

Street Grades. Streets and street grade shall be appropriately related to the topography and shall be designed to facilitate drainage and stormwater runoff. The grades of streets shall not exceed the following except that, where unusual conditions exist, the City may approve a modification to these requirements. All changes in street grades in excess of one percent (1%) shall be connected by vertical curves of a minimum length equal to fifteen (15) times the algebraic difference in the rate if grade for highways, thoroughfares and parkways and one-half (1/2) of this minimum for all other streets.

Street Type	Maximum Grade (In Percent)
Alleys and service drives	10.0
Local streets	10.0
Collector streets	7.0
Parkways	5.0
Arterial streets	5.0
Expressways	5.0
Minimum street grade	0.5

Radii Of Curvature. The radii of curvature on the center line shall not be less than the following:

For highways, thoroughfares and parkways: four hundred (400) feet.

For local streets, minor streets and service drives: one hundred (100) feet.

Street Names.

Street names shall be assigned by the developer with the approval of the Commission. Names of new streets shall not duplicate existing or platted street names unless the new street is a continuation of an existing or platted street. Building numbers shall be assigned by the City. The City shall coordinate street names and numbers with Greene County emergency services.

Street name signs shall be placed at all intersections. Signs shall be constructed by the developer to meet the standards by the City of Battlefield design standards for public improvements.

Private Streets. Private streets shall not be approved within the corporate limits of the City of Battlefield.

Section 405.410 Sidewalks.

[R.O. 2017 § 405.410; Ord. No. 02-19 §§ 1 — 5, 10-15-2002; Ord. No. 03-14 § 1, 4-15-2003; Ord. No. 09-05 § 2, 4-7-2009; Ord. No. 10-10 § 4, 7-20-2010]

Sidewalk Requirements.

Sidewalks shall be required as follows:

Local residential	One (1) side of each street
Local non-residential	One (1) side of each street
Collector	Both sides of each street
Parkway	Both sides of each street
Secondary arterial	Both sides of each street
Primary arterial	Both sides of each street
Expressways	On frontage roads

If the Commission finds that unusual or peculiar conditions prevail with respect to traffic and/or safety of pedestrians, the Commission may require different standards of walkway improvements to ensure safe pedestrian access to schools, parks, other public use areas or adjoining streets.

Sidewalks shall be constructed in conformance with the provisions of the City of Battlefield design standards for public improvements. Sidewalks may be constructed of other suitable materials if the Commission determines that:

Such sidewalks will serve residents of the development as adequately as concrete walks; and

Such sidewalks would be more environmentally desirable or more in keeping with the overall design of the development; and

The City will not incur greater than normal expense in maintaining such sidewalks dedicated for public use.

Exterior Sidewalks.

Exterior sidewalks are those sidewalks along collector or higher roads that are adjacent to a subdivision and not an integral part of the subdivision. These streets do require sidewalks on both sides of the street. This can sometimes be an unreasonable burden to place on a developer when the County road does not easily accommodate the addition of sidewalks on the developer's side.

Instead of requiring a developer to construct exterior sidewalks, all developers will pay to the City of Battlefield the estimated cost of the exterior sidewalks, in such amounts as approved by the City Engineer based on current anticipated construction costs, if they are platting a subdivision that is adjacent to a collector or higher status road.

The funds will be held by the City of Battlefield to be used for sidewalk installation when the collector or higher status road is brought into compliance with the City of Battlefield design standards for public improvements. If the road improvement is not scheduled within five (5) years of the collection of funds, the City of Battlefield may, if a high priority need for sidewalks is found, spend the funds for sidewalk improvements at such an alternate site. A high priority need could include such things as sidewalks around a new school, park or community facility or other pedestrian system needs as identified by the City of Battlefield Comprehensive Plan.

Section 405.420 Disabled Accessibility.

[R.O. 2017 § 405.420; Ord. No. 02-19 §§ 1 — 5, 10-15-2002]

Wherever curb and gutter construction is used on public streets, wheelchair ramps for the handicapped shall be provided at intersections and other major points of pedestrian flow. Wheelchair ramps and depressed curbs shall be constructed in accordance with published standards of the most recently adopted Building Codes in the City.

Section 405.430 Bridges.

[R.O. 2017 § 405.430; Ord. No. 02-19 §§ 1 — 5, 10-15-2002]

All bridges shall be constructed in accordance with the standards and specifications of the Missouri Highway and Transportation Department, except those bridges on roads not intended for public dedication may be approved by the City at the recommendation of the City Engineer.

Section 405.440 Easements.

[R.O. 2017 § 405.440; Ord. No. 02-19 §§ 1 — 5, 10-15-2002]

Easements may be required for the installation of utilities and stormwater improvements. Easements shall be located along rear or side lot lines and minimum easement width shall be ten (10) feet, except that a wider easement may be required by the City as determined appropriate by the City Engineer. The size and location of drainage easements shall be approved by the City Engineer. All easements shall be of sufficient width to enable the access and movement of equipment necessary for maintenance and/or repair.

Section 405.450 Utilities.

[R.O. 2017 § 405.450; Ord. No. 02-19 §§ 1 — 5, 10-15-2002]

All utilities, including electric, telephone, gas and cable television, shall be installed according to the specifications and minimum standards of the controlling utility company. Where practicable, easements for poles or underground conduits for electric light, telephone line and cable television shall be provided along rear and side lot lines. No installation of such utilities shall commence until the entity responsible for installation has obtained a utility installation permit from the City.

Section 405.460 Lighting.

[R.O. 2017 § 405.460; Ord. No. 02-19 §§ 1 — 5, 10-15-2002]

All public streets, sidewalks and other common areas or facilities in subdivisions shall be sufficiently illuminated to ensure the safety of persons using such streets, sidewalks and other common areas. Street lights should be no greater than three hundred (300) feet in spacing and should be located at intersections. Street lights shall be installed in accordance with the requirements of the controlling utility company. The number and placement of street lights shall be shown on the preliminary and final plats.

Section 405.470 Wastewater Disposal.

[R.O. 2017 § 405.470; Ord. No. 02-19 §§ 1 — 5, 10-15-2002]

All development shall be provided with an approved system for wastewater disposal in accordance with this regulation and the City of Battlefield design standards for public improvements.

All sanitary sewer extensions, pump stations, appurtenances and all collection and treatment systems shall be designed and constructed in accordance with the provisions of the City of Battlefield design standards for public improvements, the most current regulation of the Missouri Department of Natural Resources' rules and regulations and the Statutes of the State of Missouri.

Section 405.480 Water Supply.

[R.O. 2017 § 405.480; Ord. No. 02-19 §§ 1 — 5, 10-15-2002]

All development shall be provided with an approved system of potable water in accordance with this regulation and the City of Battlefield design standards for public improvements.

All water main extensions and appurtenances thereto shall be designed and constructed in accordance with the most current regulation of the Missouri Department of Natural Resources' rules and regulations, the Statutes of the State of Missouri and the requirements of the Battlefield Public Water Supply District No. 1.

Section 405.490 Fire Hydrants — Requirements.

[R.O. 2017 § 405.490; Ord. No. 97-012301 § 1, 1-23-1997]

All water mains which are installed or replaced within the boundaries of the City of Battlefield on or after the effective date of this Section shall comply with the following specifications:

Location And Spacing. Hydrants shall be provided at each street intersection and at intermediate points between intersections. Generally, hydrant spacing may range from three hundred fifty (350) to a maximum of six hundred (600) feet depending on the area being served.

Valves And Nozzles. Fire hydrants shall have a bottom valve size of at least five (5) inches, one (1) four-and-one-half-inch pumper nozzle, and two (2) two-and-one-half-inch nozzles.

Hydrant Leads. The hydrant lead shall be a minimum of six (6) inches diameter. Auxiliary valves shall be installed in all hydrant leads.

Section 405.500 Stormwater Management.

[R.O. 2017 § 405.500; Ord. No. 02-19 §§ 1 — 5, 10-15-2002]

Storm water Management Required. All development shall be provided for proper disposal of storm water affecting the development. Storm water drainage facilities shall be designed and installed in accordance with the requirements of the City of Battlefield design standards for public improvements.

Improvements On Road Right-Of-Way. Storm drainage improvements installed on public road rights-of-way shall, upon acceptance of the improvements by the Board of Aldermen, become the property of and shall be maintained by the City.

Improvements On Private Property. Storm drainage improvements on private property shall be maintained by the owner of the property on which the improvements are located or by the homeowners' association for improvements located in common areas. Maintenance responsibility for such improvements shall be noted on the final plat, in the subdivision covenants and in the homeowners' association bylaws.

Section 405.505 Regulation Of Illicit Discharges Into The Municipal Separate Storm Sewer System.

[Ord. No. 21-17, 11-16-2021]

Purpose/Intent. The purpose of this Chapter is to provide for the health, safety, and general welfare of the citizens of the City of Battlefield through the regulation of non-storm water discharges to the storm drainage system to the maximum extent practicable as required by Federal and State law. This Chapter establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this Chapter are:

To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by storm water discharges by any user.

To prohibit illicit connections and discharges to the municipal separate storm sewer system.

To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Chapter.

Definitions. As used in this Section, the following terms shall have the meanings indicated:

AUTHORIZED ENFORCEMENT AGENCY

Employees or designees of the Department of Public Works for the City of Battlefield.

BEST MANAGEMENT PRACTICES (BMPs)

Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or storm water conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

CLEAN WATER ACT

The Federal Water Pollution Control Act (33 USC 1251 et seq.), and any subsequent amendments thereto.

CONSTRUCTION ACTIVITY

Activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of one (1) acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

HAZARDOUS MATERIALS

Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

ILLEGAL DISCHARGE

Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in Subsection (H)(1) of this Section.

ILLICIT CONNECTIONS

An illicit connection is defined as either of the following:

Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency, or

Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

INDUSTRIAL ACTIVITY

Activities subject to NPDES industrial permits as defined in 40 CFR, Section 122.26(b)(14).

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT

A permit issued by EPA [or by a State under authority delegated pursuant to 33 USC 1342(b)] that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

NON-STORM WATER DISCHARGE

Any discharge to the storm drain system that is not composed entirely of storm water.

PERSON

Any individual, association, organization, partnership, firm, corporation, or other entity recognized by law and acting as either the owner or as the owner's agent.

POLLUTANT

Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

PREMISES

Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

STORM DRAINAGE SYSTEM

Facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

STORM WATER

Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.

STORM WATER POLLUTION PREVENTION PLAN

A document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, storm water conveyance systems, and/or receiving waters to the maximum extent practicable.

WASTEWATER

Any water or other liquid, other than uncontaminated storm water, discharged from a facility.

Applicability. This Chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.

Responsibility For Administration. The Department of Public Works shall administer, implement, and enforce the provisions of this Chapter. Any powers granted or duties imposed upon the Department of Public Works may be delegated, in writing, by the Director of the Department to persons or entities acting in the beneficial interest of or in the employ of the Department of Public Works.

Severability. The provisions of this Chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Chapter.

Ultimate Responsibility. The standards set forth herein and promulgated pursuant to this Chapter are minimum standards; therefore, this Chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.

Discharge Prohibitions.

Prohibition Of Illegal Discharges. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water.

The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:

The following discharges are exempt from discharge prohibitions established by this Section: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wet-land flows, swimming pools (if dechlorinated — typically less than one (1) PPM chlorine), firefighting activities, and any other water source not containing pollutants.

Discharges specified, in writing, by the Department of Public Works as being necessary to protect public health and safety.

Dye testing is an allowable discharge but requires a verbal notification to the Department of Public Works prior to the time of the test.

The prohibition shall not apply to any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.

Prohibition Of Illicit Connections.

The construction, use, maintenance, or continued existence of illicit connections to the storm drain system is prohibited.

This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

A person is considered to be in violation of this Section if the person connects a line conveying sewage to the MS4 or allows such a connection to continue.

Suspension Of MS4 Access.

A Suspension Due To Illicit Discharges In Emergency Situations. The Department of Public Works may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the Department of Public Works may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons.

Suspension Due To The Detection Of Illicit Discharge. Any person discharging to the MS4 in violation of this Chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The Department of Public Works will notify a violator of the proposed termination of its MS4 access. The violator may petition the Department of Public Works for a reconsideration and hearing.

Offense Committed. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the Department of Public Works.

Industrial Or Construction Activity Discharges. Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Department of Public Works prior to the allowing of discharges to the MS4.

Monitoring Of Discharges.

Applicability. This Section applies to all facilities that have storm water discharges associated with industrial activity, including construction activity.

Access To Facilities.

The Department of Public Works shall be permitted to enter and inspect facilities subject to regulation under this Chapter as often as may be necessary to determine compliance with this Chapter. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency.

Facility operators shall allow the Department of Public Works ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by State and Federal law.

The Department of Public Works shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the department to conduct monitoring and/or sampling of the facility's storm water discharge.

The Department of Public Works has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be always maintained in a safe and proper operating condition by the discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy.

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Department of Public Works and shall not be replaced. The costs of clearing such access shall be borne by the operator.

Unreasonable delays in allowing the Department of Public Works access to a permitted facility is a violation of a storm water discharge permit and of this Chapter. A person who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the Department of Public Works reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this ordinance.

If the Department of Public Works has been refused access to any part of the premises from which storm water is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this Chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the Department of Public Works may seek issuance of a search warrant from the Greene County Circuit Court.

Requirement To Prevent, Control, And Reduce Storm Water Pollutants By The Use Of Best Management Practices. The Department of Public Works will adopt requirements identifying best management practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the U.S. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses using these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this Section. These BMPs shall be part of a Storm Water Pollution Prevention Plan (SWPPP) as necessary for compliance with requirements of the NPDES permit.

Watercourse Protection. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

Notification Of Spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or water of the U.S. said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the Department of Public Works in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Department of Public Works within three (3) business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years.

Enforcement. Whenever the Department of Public Works finds that a person has violated a prohibition or failed to meet a requirement of this Section, the department may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation, any, or all of the following:

The performance of monitoring, analyses, and reporting;

The elimination of illicit connections or discharges;

That violating discharges, practices, or operations shall cease and desist;

The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;

Payment of a sum of money equivalent to the administrative and remediation costs;

The implementation of source control or treatment BMPs.

If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the violator may be prosecuted for a violation of this Section, the City may seek injunctive relief, or the work may be done by the Department of Public Works, or a contractor and the expense thereof shall be charged to the violator; all at the discretion of the Director.

Enforcement Measures. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, then representatives of the Department of Public Works may enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent, or person in possession of any premises to refuse to allow the Department of Public Works or designated contractor to enter upon the premises for the purposes set forth above.

Cost Of The Abatement Of The Violation. Within thirty (30) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. If the amount due is not paid within thirty (30) days after notification of costs, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

Injunctive Relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Chapter. If a person has violated or continues to violate the provisions of this Chapter, the City may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.

Violations Deemed A Public Nuisance. In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this Section is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.

Criminal Prosecution. Any person that has violated or continues to violate this Section shall be liable to criminal prosecution to the fullest extent of the law and shall be subject to a penalty of no more than five hundred dollars ($500.00) per violation per day and/or imprisonment for a period of time not to exceed ninety (90) days per violation per day. The City of Battlefield may recover all attorneys' fees, court costs, (fines or penalties assessed against the City by the Missouri Department of Natural Resources) and other expenses associated with enforcement of this Section, including sampling and monitoring expenses.

Remedies Not Exclusive. The remedies listed in this Section are not exclusive of any other remedies available under any applicable Federal or State law and it is within the discretion of the City to seek cumulative remedies.