[Ord. No. 1556 § 1, 8-17-2016]
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. 1556 § 1, 8-17-2016]
In this Article, the following words and terms are defined as
provided below.
The City of Cottleville, Missouri.
The City Administrator of the City of Cottleville, Missouri,
or his/her designee.
The Municipal Code of the City of Cottleville, Missouri.
A calendar day.
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.
An individual, corporation, partnership, and/or unincorporated
association or persons.
[Ord. No. 1556 § 1, 8-17-2016]
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. 1556 § 1, 8-17-2016]
A.
From and after, August 17, 2016, 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 twenty dollars ($120.00).
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. 1556 § 1, 8-17-2016]
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. 1556 § 1, 8-17-2016]
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. 1556 § 1, 8-17-2016]
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. 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. 1556 § 1, 8-17-2016]
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 215.200 of this Code.
