City of Dardenne Prairie, MO
St. Charles County
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Table of Contents
Table of Contents
[Ord. No. 1636 §1, 7-18-2012]
Detention basins are usually located in new residential, commercial and industrial developments helping to control potential flooding and improving water quality. Detention basins require regular maintenance in order to ensure proper function. Poorly maintained basins lose their ability to control flooding and pollution, allowing sediment, debris, fertilizers, pesticides and other pollutants to enter creeks and streams. It is the policy of the City to protect and promote the public health, safety and general welfare. The proper maintenance of detention basins will reduce the erosion on land and creek channels, assist in the attainment and maintenance of water quality standards, and preserve and enhance the environmental quality of watercourses in the City.
[Ord. No. 1636 §1, 7-18-2012]
In this Section, the following words and terms are defined as provided below.
CITY
The City of Dardenne Prairie, Missouri.
CITY ADMINISTRATOR
The City Administrator of the City of Dardenne Prairie, Missouri, or his/her designee.
CODE
The Municipal Code of the City of Dardenne Prairie, Missouri.
DAY
A calendar day.
DETENTION BASIN
A man-made or natural water collector facility designed to collect surface and subsurface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of the property into natural or man-made outlets.
PERSON
An individual, corporation, partnership, and/or unincorporated association or persons.
[Ord. No. 1636 §1, 7-18-2012]
It shall be unlawful for any person to own, operate or maintain a detention basin in violation of the provisions of this Chapter. Any person or persons owning land containing a detention basin shall maintain the detention basin as it was designed and approved by the City or otherwise approved pursuant to law or ordinance in order to continue the mitigation of the stormwater impacts and to prevent the contamination of discharge from the detention basin. This maintenance shall include, but not necessarily be limited to, the removal of any overgrown vegetation, trash and debris removal, repair of erosion, repairs to any inlet/outlet structures, and the removal of excess silt or any other maintenance deemed necessary to provide the design storage capacity.
[Ord. No. 1636 §1, 7-18-2012]
A. 
From and after, July 5, 2012, every person who owns, operates or maintains a detention basin shall obtain a permit from the City to operate and maintain a detention basin. Applications for permits required pursuant to this Section shall be submitted on forms prepared by the City Administrator, and shall include the following:
1. 
The name, address and telephone number of the applicant;
2. 
The name of the owner of the property containing the detention basin;
3. 
An address or description of the property containing the detention basin;
4. 
The name of the subdivision in which the detention basin is located, if any;
5. 
A statement granting the City authority to enter upon the property containing the detention basin for purposes of conducting an inspection; and
6. 
A permit inspection fee of one hundred forty dollars ($140.00).
B. 
All permits issued pursuant to this Section shall be valid for a period of three (3) years. Permits shall be issued if, upon inspection by the City, the detention basin is found to be in compliance with the provisions of this Chapter.
[Ord. No. 1636 §1, 7-18-2012]
A. 
In all inspections conducted pursuant to the requirements of this Chapter, the City Administrator shall determine whether the detention basin under inspection is maintained to the following standards:
1. 
The site plan or improvement plan for the detention basin approved by the City pursuant to the Code or such other ordinances, orders or regulations in place at the time such site plan or improvement plan was approved by the City or such other entity with the authority and jurisdiction to approve such site plan or improvement plan; and
2. 
The Property Maintenance Code of the City; and
3. 
The performance and inspection criteria for detention basins duly promulgated by the City Administrator pursuant to this Chapter.
[Ord. No. 1636 §1, 7-18-2012]
The City Administrator is hereby authorized and directed to develop and distribute to owners of detention basins performance and maintenance criteria consistent with this Chapter.
[Ord. No. 1636 §1, 7-18-2012]
A. 
If upon inspection the City Administrator finds that a detention basin violates this Chapter, the City Administrator shall mail the owner or owners of the property upon which the detention basin is located a notice detailing those violations and requiring submission of a corrective action plan with deadlines for abating those violations within no more than twenty (20) days of the date of the notice. The deadlines for abating violations shall be approved by the City Administrator, but shall not exceed three hundred sixty-five (365) days from the date of the notice from the City Administrator. For good cause shown, and provided there is no immediate harm to the health, safety and general welfare to the residents of the City, the City Administrator may grant the owner or owners a reasonable extension for submitting that corrective action plan, such extension not to exceed fifteen (15) days. The City Administrator may approve the plan as submitted or require its amendment within no more than fourteen (14) days.
[Ord. No. 2062, 10-21-2020]
B. 
Prior to the expiration of the time for corrective action as set forth in the corrective action plan, the owner or owners of the property upon which the detention basin is located shall submit a request to the City Administrator to reinspect the detention basin to determine compliance with this Chapter. Such requests for reinspection shall be made on forms prepared by the City Administrator and shall be accompanied by a reinspection fee of one hundred forty dollars ($140.00). If upon reinspection the City Administrator finds that a detention basin violates this Chapter, the City Administrator may declare the detention basin a public nuisance pursuant to Section 420.080 of this Code or proceed with any other remedies provided for in this Chapter.
[Ord. No. 1636 §1, 7-18-2012]
Any violation of the performance and maintenance standards set forth in this Chapter is hereby declared a public nuisance. The City Administrator is hereby authorized to declare a public nuisance pursuant to the provisions of this Chapter and may abate the same after providing notice and conducting a hearing consistent with the procedures set forth in Section 215.010 of this Code.
[Ord. No. 1636 §1, 7-18-2012]
A. 
The City may institute a civil suit seeking injunctive relief and/or damages where appropriate.
B. 
No civil judgment or any act by the City Administrator or other persons affected shall bar or prevent a prosecution for each and every violation of this Chapter.