[R.O. 2012 §525.010; Ord. No. A-5926 §1, 6-9-1994; Ord.
No. A-7097, 10-26-2001; Ord. No. 7304, 4-14-2003; Ord. No. 7422, 6-1-2004; Ord. No. 7988 §§1 —
2, 8-20-2010]
A. Current
and enforceable municipal ordinances, regulations, and statutory requirements
notwithstanding:
1. The applicant for a building permit shall submit with the application,
plans, drawings, and any other such information required by this Chapter
for the management and control of surface water runoff from the tract
or tracts for which the permit is requested, and to provide that temporary
flooding does not occur to other properties during construction.
2. Any person or party submitting a final subdivision plat for consideration
and approval under the subdivision and zoning ordinance in effect
at the time of submittal shall submit plans, drawings, and any other
such information required by this Chapter for the management and control
of surface water runoff from the tract or tracts to be subdivided,
and to provide that temporary flooding does not occur to other properties
during construction.
3. Any person or parties prior to grading, excavating, ditching, or
otherwise implementing activities that would alter the topography
of an area or contiguous areas greater than ten thousand (10,000)
square feet, or alter, channelize, rechannel, or modify a natural
or man-made watercourse shall first submit to the City Engineer of
the City of Monett, plans, drawings, calculations, and other information
required by this Chapter for the management and control of surface
water runoff from the area to be altered, or surface water conveyed
by any natural or manmade watercourse, and to provide that temporary
flooding does not occur to other properties during construction.
4. Any person or party submitting plans for new development or construction
of any commercial or industrial property that exceeds a detention
volume of five hundred (500) cubic feet shall submit plans, calculations
and any other information required by this Chapter for the management
and control of surface water runoff from the property. Such person
or party shall also provide and maintain temporary straw bales and
silt fences as necessary to control flooding, erosion and/or silt
deposition from off the property. If, at any time, the cumulative
total of detention volume for a development or commercial or industrial
construction project exceeds five hundred (500) cubic feet, the responsible
person or party shall comply with the provisions of this Section.
5. The requirement for storm water detention may be waived for property
which lies inside the FEMA 100-year floodplain.
[R.O. 2012 §525.020; Ord. No. A-5926 §II, 6-9-1994]
A. The applicant or the person or party submitting a final subdivision plat shall retain the services of a professional engineer, registered in the State of Missouri, to provide under his/her professional seal and signature the surface water runoff management and control plans, drawings, calculations, and information required under Article
III of this Chapter.
B. All
facilities constructed or required to be constructed for approval
of a final subdivision plat for the management and control of surface
water runoff, shall, during and upon completion of construction, be
inspected by a professional engineer licensed in the State of Missouri.
Upon completion of construction of the surface water runoff management
and control facilities, the City Engineer of the City of Monett shall
receive from the professional engineer certification that the said
facilities have been completed and constructed in accordance with
the intent of the plans, drawings, and calculations upon which permits
or approval were issued.
C. Upon written request by the building permittee or person or parties submitting a subdivision plat, the City, upon receipt of fees established by the Superintendent of Utilities, shall retain the services of a professional engineer licensed in the State of Missouri to perform the inspection and provide certification requirements of Subsection
(B).
D. In the event certification of completion and compliance with plans, drawings and calculations are not received by the City Engineer of the City of Monett, or should the City Engineer determine the improvements facilities as described in the approved plans are not being constructed to meet minimum standards set forth in Article
III of this Chapter, then the City Engineer shall so notify the permittee and may issue an order revoking the building permit, or recommend to the Governing Body to discontinue provision of municipal utilities until the deficiencies are corrected.
[R.O. 2012 §525.030; Ord. No. A-5926 §III, 6-9-1994]
A. It
shall be unlawful for any person to block, obstruct, destroy, cover,
fill, or alter in any way a watercourse or any part thereof so as
to cause damage to the property of other persons from surface water.
B. A watercourse
is land which has a conformation so as to give to surface water flowing
from one tract of land to another tract of land, a fixed and determinate
course so as to uniformly discharge it upon the servient tract at
a fixed and definite point. It shall include, but shall not be limited
to, ravines, swales, sinkholes, or depressions of greater or less
depth extending from one tract and so situated as to gather up the
surface water flowing upon the dominant tract and to conduct along
a definite course to a definite point of discharge upon the servient
tract. It shall not be deemed to be important that the force of water
flowing from one tract of land to another has not been sufficient
to wear out a channel or canal having definite or well-marked sides
or banks. If the surface water, in fact, uniformly or habitually flows
over a given course having reasonable limits as to the width of the
line of its flow, it shall be considered to have a definite course.
C. A violation of Subsection
(A) hereof shall be deemed to be a public nuisance. Whenever the City Engineer of the City of Monett has determined that a person has blocked, obstructed, destroyed, covered, filled, or altered in any way a watercourse so as to cause surface water damage to the property of others, the City Engineer is authorized to proceed in accordance with Monett City Code so as to abate the public nuisance.
D. In reviewing applications for building permits, the City shall further determine if the work interferes with the use and operation of existing watercourses. If the City has reason to believe that the work may interfere with the use and operation of existing watercourses, then the City shall notify the applicant and request information or revisions to the plans and drawings stipulated in Section
525.010. When determined by the City Engineer to be necessary, the applicant shall comply with the provision set forth in Section
525.020 of this Chapter.
[R.O. 2012 §525.040; Ord. No. A-5926 §IV, 6-9-1994]
A. Storm
water and all other unpolluted waters shall be discharged to storm
sewers or waters of the State.
B. It
shall be unlawful to discharge into any storm sewers and/or waters
of the State within the City or in any area where there is an availability
of sanitary sewers any waste water or pollutant, except where suitable
treatment has been provided and approved by the City and the State
of Missouri under the National Pollution Discharge Elimination System
(NPDES).
C. Violations
of this Section shall be subject to the enforcement procedures contained
in Wastewater Regulations of the Monett City Code.
[R.O. 2012 §525.050; Ord. No. A-5926 §V, 6-9-1994]
A. When
any Surface Water Runoff Control Facility (hereafter called Facility)
is located on the same lot or tract it is intended to serve, the facilities
shall be maintained at all times by the owner of the lot or tract.
Unless otherwise approved by the City, such facility shall not be
constructed on separate lots and no building permit shall be issued
for any such facility if it is located on a lot or tract of land other
than the lot or tract of land it is intended to serve.
B. When
the Facility is designed to serve more than one lot or tract, the
City may permit the construction of such facilities on a lot other
than the lot or tract the facility is intended to serve, if it is
determined that there are sufficient easements and covenants filed
of record with the County Recorder of Deeds imposing the duty and
responsibility to maintain the facilities, together with the liability
for the costs of such maintenance upon the owners of each of the lots
served by the Facility and further covenanting that the assessed costs
of any repairs and maintenance work done by the City shall be a lien
enforceable against each of the lots so served. The City shall require
as a precondition to the issuance of a building permit that the owner
of the property file such covenants and easements with the County
Recorder of Deeds allocating such obligations and liabilities for
the cost of the maintenance of the Facility, which covenants and easements
shall secure the right of the City to execute remedies and the power
to assess the costs thereof against each lot served by the Facility.
C. In
the event the owners of the lots or tracts served by the Facility
fail to maintain the Facility, then the City, upon ten (10) days written
notice, may revoke the occupancy permit issued for such premises and
in addition thereto, or in the alternative, may order utilities disconnected.
Any aggrieved owner shall have the right to an administrative hearing
prior to revocation of the occupancy permit or disconnection of utilities,
to determine whether the Storm Water Detention Facility has been maintained
so as to meet the standards set forth, provided the owner has filed
a written demand for hearing with the City within ten (10) days after
notice was given. The hearing shall be conducted before a hearing
officer designated by the City within twenty (20) days of receipt
of the owner's demand for hearing, and at the conclusion of the hearing,
the hearing officer shall prepare a written decision setting forth
his/her findings of fact and conclusions. The decision of the hearing
officer shall be final for purposes of Chapter 536, RSMo., as revised
or amended.
D. Failure To Maintain Declared A Nuisance — Assessment Of Costs
As A Lien. If the owners of the lots or tracts served by
the Facility fail to adequately maintain the Facility, the same is
hereby declared to be a nuisance and the City may require abatement
of the nuisance under the procedures set forth in the Monett City
Code. In addition to the procedures set forth above, or in the alternative,
upon determining that a nuisance exists, City Officials may refuse
to issue or renew City licenses for any business on any lot or tract
served by the Facility.
[R.O. 2012 §525.060; Ord. No. A-5926 §VI, 6-9-1994]
A. No person shall engage in the altering of topography, grading, excavating, or the development of land in a sinkhole area without first securing a permit from the City. To obtain a permit, the owner of the property or person having an interest therein shall submit an application for a permit to the Director of Public Works with a plan set out in Section
525.030, which shall contain the following additional information:
1. The plan shall show the location of the sinkhole, the immediate sinkhole
drainage area, a sinkhole cluster area, or portions of such items,
along with ground contours, a storm water analysis of the sinkhole,
and significant physical features on the property.
2. Upon review of the information presented by the applicant, the site,
and such other information as may be available, the City may issue
a permit for work to be performed in the sinkhole area. All work shall
be performed in accordance with the permit. The City may designate
certain areas where grading or construction equipment is not permitted
or is otherwise limited.
B. In
addition to establishing a plan for grading and use of construction
equipment, the City may, based upon the topography, geology, soils,
and history of the sinkhole (such as past filling) and the storm water
analysis and plan of the developer's engineer establish sinkhole-related
non-buildable areas. No buildings, parking areas, grading, or other
structures shall be permitted within the sinkhole-related non-buildable
area unless otherwise authorized by the City.
This non-buildable area shall follow the limits of the sinkhole
in most cases. However, the non-buildable area may be expanded or
contracted by action of the City where warranted, due to the nature
of the specific sinkhole, the underlying geology, soils, drainage,
and any related information, such as depth to bedrock. In sinkhole
cluster areas, the City may require the owner or developer to provide
recommendations from a consulting engineer and a consulting hydro-geologist,
based upon substantial and state-of-the-art field studies and evaluation
of the specific sinkhole system. Such studies shall be submitted to
the City's Authorized Representative for review.
C. Development
may occur in the immediate sinkhole drainage area if the developer
provides alternative surface drainage away from the sinkhole, while
keeping the water in the same surface drainage basin; and provided
further that the water shall not go into another stream of known flooding
problems. The immediate sinkhole drainage area (or portion thereof)
which cannot be provided with an alternative drainage system can be
deleted from the development area and can be used to meet open space
requirements. The developer may request the Planning and Zoning Commission
and the City that the density on the remainder of the developable
area be increased, with the total resulting density no greater than
if the entire area were developed to the permitted density under the
Zoning Code.
[R.O. 2012 §525.070; Ord. No. A-5926 §VII, 6-9-1994]
A. Whereas
it has become apparent to the City Council of the City of Monett,
Missouri that growth and development of residential, commercial, industrial,
and institutional elements within the corporate limits is adversely
impacted by unchecked storm water and surface water runoff, and that
it is in the best interest of the health, safety, and welfare of its
citizens to provide for coordination, control, and planning of means
to manage and control the routing, flow rate, detention, and discharge
of these waters, the City Council of the City of Monett ordains as
follows:
1. The Superintendent of Utilities is empowered and directed to implement
reviews, studies, examinations, and surveys and to prepare and present
to the City Council of the City of Monett, and to the various departments
and administrative divisions thereof, a plan for the management and
control of storm waters, surface runoff waters, and other waters resulting
from precipitation in liquid and solid form;
2. The Superintendent is empowered to retain the services of professionals
and specialists experienced and skilled in the various disciplines
required in the formulation and development of the plan;
3. The plan shall include all areas within the present corporate limits,
and address areas beyond the present corporate limits where topographic,
geologic, and hydrologic features might generate, affect, impact,
or influence the persons and property within the City of Monett.
B. The
plan shall be presented to the City Council for consideration and
review within two (2) consecutive calendar years from June 9, 1994.
[R.O. 2012 §525.080; Ord. No. A-5926 §VIII, 6-9-1994]
A. In
enforcing the provisions of the aforesaid Sections, in addition to
the various remedies provided therein, the City shall have all other
rights, powers, and authority granted to it by Missouri law, including
without limitation the right to file civil suit against any person
who violates or fails to comply with the aforesaid Sections. In the
event of civil suit, the City may recover reasonable attorney's fees,
court costs, and other expenses of litigation.
B. No
person issued a permit under the terms of the aforesaid Section shall
have any recourse whatsoever against the City for any loss, cost or
expense, or damage arising out of any of the provisions or requirements
of these Sections, or because of the enforcement thereof by the City.
These Sections shall not create liability on the part of the City,
its officers, agents or employees as the result of reliance on any
permits issued hereunder or as the result of any administrative decision
lawfully made hereunder.