[CC 1999 §23-61]
Unless specifically defined below, words or phrases in this
Chapter shall be interpreted so as to give them the meaning they have
in common usage and to give this Chapter its most reasonable application:
The City of Chillicothe, Missouri.
The appointed City Engineer of public works or a delegated
representative.
The City Council of the City of Chillicothe, Missouri.
The selected or established frequency or return period of
rainfall time-duration for which drainage facilities are to be designed.
Any manmade area which serves as a means of controlling and
storing storm water runoff.
A person directing or participating in the direction of improvements
on and/or to land including, but not limited to, the owner of the
land, a general contractor or a commercial agent engaged for such
activity.
Any change of land use or improvement on any parcel of land.
The catchment area from which storm water is carried off
by a watercourse or storm drainage system. The area served by a drainage
system receiving storm and other surface-borne water. The boundaries
of a drainage basin are a product of natural topography and drainage
system configuration.
A manmade structure or natural watercourse for the conveyance
of storm water runoff. Examples are channels, pipes, ditches, swales,
catch basins and street gutters.
One (1) or more rooms in a dwelling occupied or intended
to be occupied as separate living quarters by a single family as defined
herein.
One (1) or more persons related by blood, marriage, adoption
or occupying a dwelling unit as an individual housekeeping organization.
A family may not include more than two (2) persons not related by
blood, marriage, adoption or occupying a dwelling unit as an individual
housekeeping organization.
Surfaces on real property where infiltration of storm water
into the earth has been virtually eliminated by the works of man.
Land having improvements that are impervious to, or alter
the flow of, storm water within the limits of a platted, or otherwise
distinguished, parcel of land.
A structure on or other alteration of land.
Individually platted lots containing two (2) or fewer dwelling
units.
Any person, firm, association, syndicate, partnership, corporation,
trust or any other entity having legal title to or a sufficient proprietary
interest to legally transfer real property. Proprietary interest shall
include, but not be limited to, estate administration, trusteeship,
guardianship and actions under a valid power of attorney. Proprietary
interest shall not include an agency or a bare employment relation.
A natural person, corporation, partnership or other entity.
An improved storm drain is a closed conduit or paved open
ditch for conducting collected storm water. An unimproved storm drain
is an open ditch, natural or specifically constructed, for conveying
collected storm water.
A City manual for use by land developers in the design of
storm drainage systems such as storm drains, culverts, streets, gutter
flow hydraulics, natural drainage swales and storm inlets. The Storm
Drainage Design Manual may include drainage policy to be followed,
standard design methods, computation forms and City standards.
All drainage facilities used for collecting and conducting
storm water to, through and from drainage areas to the points of final
outlets including, but not limited to, any and all of the following:
A City Master Plan describing the development of, and facilities
required for, the storm water drainage system and additional improvements
and actions necessary to the management of storm water drainage, entitled
"City of Chillicothe, Missouri Storm Water Management Plan", as approved
by the Council and from time to time amended.
A relatively wide, shallow ditch around or between structures
used to carry storm water runoff.
Land in its natural state.
A stream, usually flowing in a particular direction (though
it need not flow continuously in a definite channel), having a bed
or banks and usually discharging into some other stream or body of
water.
[CC 1999 §23-62]
A.
No storm
water drainage facility shall be constructed, altered or reconstructed
without first obtaining a permit. All such construction shall comply
with the general requirements and design procedures as set forth in
this Chapter and the criteria of the Storm Drainage Design Manual.
Storm water drainage facilities shall comport with the storm water
management plan.
B.
No clearing, grading, borrowing or filling of land shall be done without obtaining a permit from the City Engineer. All such work shall comport with the storm water management plan. No permit may be issued pursuant to this Subsection for clearing, grading, borrowing or filling of land on tracts greater than five (5) acres except in conjunction with a building permit issued in accordance with the provisions of Chapter 500. Every permit issued under this Subsection for clearing, grading, borrowing or filling of land not in conjunction with a building permit shall expire within one (1) year from the date of issuance.
C.
The City
Engineer shall promulgate rules and regulations governing the issuance
of the permits required by this Section.
[Ord. No. 99-09 §1, 2-8-1999]
The following proposed fees for storm water drainage and grading
projects be set as follows:
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Grading permits
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$25.00
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Storm water drainage permit
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$50.00
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[CC 1999 §23-63]
A.
Prior
to the issuance by the City of a building permit for any low-density
residential construction, the City Engineer's office will prepare
the permit noting any special conditions to be met for storm drainage.
This shall normally be accomplished within three (3) working days
after receipt of the application.
B.
Prior
to the issuance by the City of a building permit for any other type
of construction, the property owner, the developer or their agent
shall have a detailed drainage plan approved by the City Engineer
in accordance with this Chapter. The property owner, developer or
their agent shall, at his/her own expense, submit necessary plans,
designs and specifications to the City Engineer for review and approval.
C.
Provisions
of this Section for plan requirement may be waived by the City Engineer
if, in his/her opinion, the amount of land disturbed and trees, shrubs,
grass or vegetation is destroyed or removed or the construction, reconstruction,
repair or alteration of any building does not materially alter or
increase the flow of water.
[CC 1999 §23-64]
The City Engineer or his/her designated representative may periodically
inspect the development site. Through such periodic inspections the
City Engineer will review whether the drainage plan is properly implemented
and that the improvements are maintained by the developer or owner
until such time, if any, maintenance is taken over by the City.
[CC 1999 §23-65]
Whenever improvements to land are made, easements for the storm
water drainage system shall be provided across private property. Easements
through existing developments may be obtained as deemed necessary
by the City Engineer. Drainage easements shall include access from
a convenient public street. Maintenance of storm water sewers, lined
drainage channels and related facilities located within public drainage
easements shall be the responsibility of the owner of the project,
unless the City, by ordinance, specifically agrees to undertake the
maintenance. The City may undertake all maintenance activities, deemed
necessary by the City Engineer, of natural watercourses and other
unlined drainage channels located within public drainage easements;
however, assumption of such maintenance activities does not relieve
the property owner of the responsibility for normal maintenance including
debris removal, cutting of vegetation, repair of erosion and removal
of silt. Maintenance of storm water facilities located on private
property and not within any public drainage easements shall be the
responsibility of the property owners and shall include debris removal
and cleaning, cutting of vegetation, repair of erosion, removal of
silt and maintenance of structural facilities.
[CC 1999 §23-66]
A.
The following
shall be complied with in any development:
1.
Storm water. Storm water shall be carried in enclosed storm
conduits or open channels on the basis of criteria established in
this Section, subject to final determination and approval of the City
Engineer. It shall be understood that the requirements outlined in
these standards are only minimum requirements.
2.
Open channels. Open channels shall be located in drainage
easements designed to provide a 50-year flood plain. The developer
may be required to pave a channel if such paving is necessary to attain
ultimate design capacity or to stabilize the embankments and channel
flowline. If the channel extends between buildings, consideration
must be given to provide adequate protective measures such as paving
the channel invert and side slopes, bank protection or fencing. Open
channels in residential areas shall generally be located along the
rear or side lot lines.
3.
Side line drainage. Storm drainage along the side lot lines
of residential property for pipe sizes through twenty-four (24) inch
diameter shall be in conduit for the full length of the side lot line
or the nearest natural drainage way of a larger tributary stream.
Discharge protection shall be provided to minimize erosion and disperse
flow.
a.
Storm
drainage along the side lot lines of residential property for pipe
sizes above twenty-four (24) through forty-eight (48) inch diameter
shall be in conduit to a point thirty (30) feet to the rear of the
front building line or ten (10) feet beyond the rear line of the structure,
whichever is greater. Extension of the system shall then be continued
from this point the full length of the side lot line or to the nearest
natural drainage way of a larger tributary stream with a stable ditch
section.
b.
Storm
drainage along the side lot line of residential property for pipe
sizes above forty-eight (48) inch diameter shall be designed with
a stable ditch section.
c.
In
all instances, a surface swale shall be provided over the drainage
system to contain at least a 50-year storm.
4.
Under roadways. Where culverts are placed under roadways,
they shall extend to the limits of right-of-way or the toe of the
roadway embankment if that distance is greater and proper hydraulic
structures shall be provided for dissipation of velocity to prevent
erosion. Embankments shall be protected by riprapping or some other
approved method to prevent erosion against a 50-year frequency storm.
5.
Future connections. Pipe drains or culverts constructed
to intercept the flow of ditches or channels, which may be enclosed
in a conduit at a future time, shall be laid at the required depth
to permit their extension at the same required depth.
6.
Intersections. Curb inlets shall be installed at or near
intersections where they are deemed necessary for the safety of pedestrian
and vehicular traffic. Curb inlets shall be placed so as to intercept
the storm water before it reaches the crosswalks and no curb inlet
shall be located within a crosswalk. The above is particularly important
in commercially zoned areas and other areas of high pedestrian traffic
and is considered desirable in all other areas.
7.
Drainage onto sidewalks. Tributary areas where sidewalks
exist or are proposed, and which drains across a public sidewalk,
must not exceed three thousand (3,000) square feet of impervious area,
including roofs discharging upon paved areas, or nine thousand (9,000)
square feet of sodded areas or a proportional amount for a combination
of such areas. Paved, roofed or other impervious areas exceeding three
thousand (3,000) square feet shall be provided with drains for discharge
into storm conduits, channels or street gutters.
8.
Downspouts. Downspouts shall be connected to the drainage
system when possible by a method approved by the City Engineer. Where
no system exists, they shall not be directed to adjacent lots or structures.
They shall not be discharged directly onto sidewalks or entrance ways.
9.
Flow toward streets. Any concentration of surface flow in
excess of two (2) cubic feet per second (cfs) for the 10-year frequency
rain shall be intercepted before reaching the street right-of-way
and shall be carried by an enclosed storm drain to connect with a
drainage structure at the low point in the street right-of-way or
to discharge to a watercourse.
10.
Parking lots and garages. Adequate provisions shall be made
for the disposal of storm water from parking lots and garages. Plans
shall be submitted for approval to the City Engineer to ensure measures
are taken to limit the flow of water onto adjoining property to adjacent
sidewalks or streets in a quantity that would be detrimental to or
inconvenient to persons using the streets or sidewalks.
11.
Detention basin. Detention basins shall be designed using
methods acceptable to the City Engineer. Detention basins shall be
designed by a registered professional engineer or architect, authorized
to practice in the State of Missouri, who shall provide a statement
as to the characteristics of the achieved storm water flow restrictions.
12.
Easements. The minimum width of easements for storm water
drainage shall be fifteen (15) feet. Where a storm drain consists
of a closed conduit, the width shall be the greater of fifteen (15)
feet or the sum of the conduit diameter and twice the cover depth
over the conduit.
[CC 1999 §23-67]
A.
Drainage
plans will be satisfactory to the City Engineer and will normally
include the following:
1.
A boundary
survey for unplatted parcels by a licensed surveyor.
2.
Details
defining the alignment, boundary and acreage of any natural drainage
course, drainage facility or subdrainage area on the land in question.
3.
Detail
drawings of profiles and specifications for construction of channels,
conduits, detention ponds, culverts, bridges and all other drainage
facilities reasonably necessary to ensure that flood and storm waters,
including drainage from other lands which will contribute runoff to
the subject property, will be adequately drained, stored or otherwise
controlled. Included in the drainage plan shall be a schedule containing
the estimated dates of completion of construction for all storm water
drainage facilities shown on the drainage plan. If the drainage plan
is approved and the building permit issued, the applicant shall comply
with said schedule.
4.
Specific
plan details shall include the following:
a.
Plan
sizes shall be twenty-four (24) inch by thirty-six (36) inch or twenty-two
(22) inch by thirty-four (24) inch plan and profile. Minimum horizontal
scale of one (1) inch equals fifty (50) feet and vertical scale of
one (1) inch equals ten (10) feet.
b.
The
cover sheet key map of the entire project to scale one (1) inch equals
two hundred (200) feet showing storm drains and facilities, both existing
and to be constructed.
c.
Plans
and profiles of each storm drain, showing location, size, design flow,
flowline elevations, gradients and materials, boring information and
rock elevations along the proposed storm drain anywhere applicable;
location, depths and sizes of adjacent or crossing wastewater lines
and utilities; and special construction requirements such as concrete
cradle or encasement, backfill, size and class of pipe, etc.
d.
All
elevations shall be based upon U.S.G.S. datum with location noted
of benchmark used.
e.
Typical
cross sections of swales, ditches or channels.
f.
Details
of special structures, culverts, transitions, headwalls, aprons and
junction chambers, all adequately detailed and dimensioned including
placement of steel. Unless otherwise indicated, standard City structures
are assumed where applicable.
g.
For
all detention basins, if any, a plot of storage volumes with corresponding
water surface elevations and of the basin outflow rates for those
water surface elevations.
h.
The
cover sheet will contain the following certified statement by a registered
professional engineer or architect:
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I, a (registered professional engineer) (registered architect)
authorized to practice in the State of Missouri, hereby certify that
this plan for the drainage design of _______________ was prepared
by me or under my direct supervision in accordance with the provisions
of the Storm Water Drainage Design Manual for the owners thereof and
I have hereto affixed my seal.
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(Seal)
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5.
A drainage
area map showing topography shall be furnished for the development.
For low-density residential development, this shall be in conformance
with platting procedures. For any other development a drainage area
map showing topography shall be furnished for the development. The
scale of such maps to be as follows:
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Acreage
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Horizontal Scale
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Contour Interval
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|---|---|---|---|
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0 — 10
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1" = 50'
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1 foot
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Over 10
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1" = 100'
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2 feet
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7.
Design computations. The engineer or architect shall have
detailed design computations available to support his/her design and
shall submit them to, or review them with, the City Engineer.
[CC 1999 §23-68]
A.
The design
procedures stipulated in the latest edition of the Storm Drainage
Design Manual shall be followed insofar as they are applicable. Written
justification for all deviations must be prepared and submitted in
accordance with the variance procedures set forth in this Chapter.
B.
All drainage
plans shall meet the design requirements of any City ordinance regulating
floodwater control and subdivision of land.
[CC 1999 §23-69]
A.
Location Of Structures. In addition to any other requirements
set forth by ordinance for construction in designated flood hazard
areas, the following restrictions for construction adjacent to all
watercourses and other drainage facilities shall apply:
1.
No house
or building and no other structure which is not floodproofed shall
be constructed within thirty (30) feet of the top of the bank of a
watercourse or other drainage facility nor shall any such structure
be constructed with openings at an elevation below four (4) feet above
the highest bank of a watercourse or top of other drainage facilities
which traverse or are adjacent to the parcel being developed.
2.
The
City Engineer may vary the above requirements upon visiting the building
site for low-density residential construction or reviewing plans for
any other construction should such revisions not diminish the overall
intent of this Chapter.
B.
Existing Storm Drains. No cuts shall be made nor fill deposited
over existing storm drains nor shall existing storm drains be altered
without the approval of the City Engineer.
[CC 1999 §23-70]
A.
Conformance With Storm Water Management Plan. Drainage plans
submitted by developers must be developed in conformance with the
storm water management plan in effect at the time of the submission.
B.
Restriction Of Runoff. The City may require that storm drainage
systems for tributary areas upstream of existing storm drainage facilities
include on-site storm water detention facilities limiting the peak
discharge to that which would have occurred for the existing land
use type prior to a zoning change or prior to development of the area.
The City may waive such requirements for detention facilities when
the developer makes satisfactory arrangements to improve or provide
a downstream drainage system of adequate hydraulic capacity for peak
rates of discharge to the system, including discharge from the developer's
site, to a point downstream where the rate of total runoff from the
site is ten percent (10%) or less of the total runoff rate conveyed
by the downstream system measured at the time of system peak rate.
The City may, at its option, also permit downstream system improvements
and detention combinations that provide the same level of control.
C.
Storm Water Management Plan Facilities. Drainage plans and
facilities constructed by developers for developments encompassing
more than forty-three thousand five hundred sixty (43,560) square
feet in total area, including areas not directly subject to improvements,
must include any improvements not previously constructed, which are
planned as part of the storm water drainage system on the affected
property pursuant to the storm water management plan. For purposes
of this paragraph, the storm water management plan in effect at the
time of submission of the drainage plan shall govern. Also for purposes
of this paragraph, the affected property shall include any adjacent
property under common ownership with, and within one hundred (100)
feet of the limits of, the parcel of property being developed. Where
the cost of such storm water related improvements exceeds ten percent
(10%) of the total cost of the development, excluding the cost of
land, the developer may petition for City participation in financing
and/or contribution to the funding of the improvements.
D.
Alternative Improvements. In reviewing petitions for variances
from the requirements of this Section, the City will consider alternative
improvements or types of improvements proposed by developers which
the City deems to be equivalent for the purposes of storm water management.
[CC 1999 §23-71]
No person shall damage or discharge or place any substance into
the drainage system which will or may cause obstruction to flow or
other interference with the operation of the storm water drainage
system. Any person violating this Section for damaging the storm water
drainage system shall be liable to the City for all expense, loss
or damage incurred by the City due to such violation or damage, in
addition to any other penalties set forth herein.
[CC 1999 §23-72]
If it is determined that development is not proceeding in accordance
with the approved drainage plan, the City Engineer shall issue a written
stop work order to the developer detailing the nature and location
of the non-compliance and specifying what remedial work is necessary
to bring the project into compliance. The developer shall immediately
stop work on all aspects of the development except the required remedial
action, which shall begin. The developer shall complete the remedial
work within a reasonable time after receipt of said order. Upon satisfactory
completion of the remedial work, the City Engineer shall issue a notice
of compliance and the development may proceed.
[CC 1999 §23-73]
A.
General Provisions. Where undue hardship or practical difficulties
may result from strict compliance with this Chapter, the developer
may petition for a variance. The City Engineer may recommend, and
the Council may approve, variances so that substantial justice may
be done and the public interest secured; provided that any such variance
shall not have the effect of nullifying the intent and purpose of
this Chapter; and further provided that the Council shall not grant
variances unless they find and determine that:
1.
The
granting of the variance will not be detrimental to the public safety,
health or welfare or injurious to other property or improvements.
2.
The
conditions upon which the request for a variance is based are unique
to the property for which the variance is sought, are not applicable
generally to other property and are not self-imposed.
3.
Because
of the particular physical surroundings, shape or topographical conditions
of the specific property involved, a particular hardship to the owner
would result, as distinguished from a mere inconvenience, if this
Chapter was strictly interpreted and carried out.
B.
Conditions. In recommending variances and exceptions, the
City Engineer may recommend and the Council may require such conditions
as will, in the judgment of each, secure substantially the objectives
of the standards or requirements of this Chapter.
C.
Procedures. A petition for a variance shall be submitted
at the time of filing for a preliminary plat or for application for
building permit. The petition shall state fully the grounds for the
request and all facts relied upon by the petitioner.
[CC 1999 §23-74]
The provisions of this Chapter shall be administered and enforced
by the City Engineer. The City Engineer shall prescribe forms for
attainment of the purposes of this Chapter and for the proper enforcement
thereof. The City Engineer may delegate the administration of this
Chapter or any part thereof, subject to limitations of the ordinances
of the City, to duly qualified employees, deputies or agents of the
City.
[CC 1999 §23-75]
Floods from storm water runoff may occur which exceed the capacity
of storm water drainage facilities constructed and maintained under
this Chapter. This Chapter does not guarantee that property will always
be free from storm water flooding or flood damage. This Chapter shall
not create a liability on the part of, or cause of action against,
the City or any officer or employee thereof for any flood damage.
Neither does this Chapter purport to reduce the need or the necessity
for obtaining flood insurance.
[CC 1999 §23-76; Ord. No. 98-150, 11-9-1998]
A.
Conditions. Regulation of storm water drainage and the attachment
of reasonable conditions thereto is an exercise of the valid Police
power delegated by the State of Missouri to the City. Property owners
have the duty of compliance with reasonable policies, regulations,
standards and conditions established by the City for design, construction,
improvement and restrictive use of the land so as to conform to the
physical and economical development of the City and to promote the
health, safety and general welfare of the community at large.
B.
Interpretation. The provisions of this Chapter shall be
the minimum requirements for the protection of the public health,
safety and general welfare.
C.
Conflict. Conflict with public and private provisions:
1.
Public provisions. Where any provision of this Chapter imposes
restrictions different from those imposed by any other law or regulation,
whichever is more restrictive or imposes a higher standard 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 provisions 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.
