[R.O. 1993 § 545.005; Ord. No.
2006-2722 § 1, 5-9-2006]
[R.O. 1993 § 545.010; Ord. No.
99-2407 § I, 12-14-1999; Ord. No. 2004-2606 § 1, 7-27-2004; Ord. No. 2006-2722 § 1, 5-9-2006]
A.
The applicant for a building permit shall submit with the application,
plan, 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 the construction.
B.
Any person or parties that would alter, channel, rechannel or modify
a natural or man-made watercourse shall first submit to the Planning
and Zoning Director of the City of Aurora plans, drawings, calculations
and other 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.
C.
Any person or party submitting plans for new development, construction
or addition of any commercial or industrial property 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.
D.
Any person or party submitting a subdivision plat (unless classified
as minor subdivision by the Planning and Zoning Commission) for consideration
and approval under the Subdivision and Zoning Ordinances[1] 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.
E.
Any person or parties applying for a one- or two-family residential
building permit that would alter the topography of an area or contiguous
areas less than ten thousand (10,000) square feet shall be exempt
from submittal requirements of this Chapter.
[R.O. 1993 § 545.020; Ord. No.
99-2407 § II, 12-14-1999; Ord. No. 2006-2722 § 1, 5-9-2006]
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 or her professional
seal and signature the surface water runoff management and control
plans, drawings, calculations and information required under 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 Building Official or City Manager of the
City of Aurora 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 Building Official or City Manager, 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 Building Official
or the City Manager of the City of Aurora, or should the Building
Official or City Manager determine the improvements facilities as
described in the approved plans are not being constructed to meet
minimum standards set forth in this Chapter hereto, the Building Official
or City Manager 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. 1993 § 545.030; Ord. No.
99-2407 § III, 12-14-1999; Ord. No. 2006-2722 § 1, 5-9-2006]
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 the other persons from surface
water.
B.
A watercourse is land which has a conformation so as to give to surface
water flowing from one (1) 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 not be limited to, ravines, swales, sinkholes or depressions of
greater or less depth extending from one (1) 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 (1) 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) shall be deemed to be a public nuisance. Whenever the Building Official or City Manager of the City of Aurora 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 Building Official or City Manager is authorized to proceed in accordance with Aurora 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 545.020. When determined by the Building Official or City Manager to be necessary, the applicant shall comply with the provisions set forth in Section 545.030 of this Chapter.
[R.O. 1993 § 545.040; Ord. No.
99-2407 § IV, 12-14-1999; Ord. No. 2006-2722 § 1, 5-9-2006]
A.
Stormwater 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 Systems
(NPDES).
C.
Violations of this Section shall be subject to the enforcement procedures
contained in wastewater regulations of the Aurora City Code.
[R.O. 1993 § 545.050; Ord. No.
99-2407 § V, 12-14-1999; Ord. No. 2006-2722 § 1, 5-9-2006]
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 (1) 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
or recorded 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 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 disconnect
of utilities, to determine whether the stormwater dentition 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. 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 Aurora 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. 1993 § 545.060; Ord. No.
99-2407 § VI, 12-14-1999; Ord. No. 2006-2722 § 1, 5-9-2006]
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 Building Official with a plan set out in Section 545.040, 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 stormwater 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 stormwater
analysis and plan of the developer's engineer, establish sinkhole
related non-buildable areas. No building, 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 hydrogeologist 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 Ordinance.[1]
[R.O. 1993 § 545.070; Ord. No.
99-2407 § VII, 12-14-1999; Ord. No. 2006-2722 § 1, 5-9-2006]
A.
Whereas, it has become apparent to the Governing Body of the City
of Aurora, Missouri, that growth and development of residential, commercial,
industrial and institutional elements within the corporate limits
is adversely impacted by unchecked stormwater 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 Governing Body of the City of Aurora,
Missouri, ordains as follows:
1.
The Building Official is empowered and directed to implement
reviews, studies, examinations and surveys and to prepare and present
to the Governing Body of the City of Aurora, and to the various departments
and administrative divisions thereof, a plan for the management and
control of stormwaters, surface runoff waters and other waters resulting
from precipitation in liquid and solid form.
2.
The Building Official 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 Aurora.
B.
The plan shall be presented to the Governing Body for consideration
and review within two (2) consecutive calendar years from the date
of passage of this Chapter.
[R.O. 1993 § 545.080; Ord. No.
99-2407 § VIII, 12-14-1999; Ord. No. 2006-2722 § 1, 5-9-2006]
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 any recover reasonable attorneys'
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 provisions or requirements
of these Sections, or because of the enforcement thereof by the City.
These Sections shall not increase 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.
