[Ord. No. 7856 § 1, 12-1-2008]
A.
Design Criteria.
1.
Storm Drainage Systems And Facilities. The design
procedures stipulated in the KC-APWA 5600 shall be followed insofar
as it is applicable. Written justification for all deviations must
be prepared and submitted in accordance with the variance procedures
set forth in this Chapter.
2.
Erosion And Sediment Control. The design procedures
stipulated in the latest edition of the KC-APWA 5100 shall be followed
insofar as it is applicable. Written justification for all deviations
must be prepared and submitted in accordance with the variance procedures
set forth in this Chapter.
B.
Standard Drawings. The City Standard Details, as amended
from time to time, as well as the Kansas City Metro Chapter of the
American Public Works Association, Division 5300, Standard Drawings
(KC-APWA 5300) shall be referenced as necessary for design and construction.
When the two (2) documents conflict, the City of Marshall Standard
Details shall rule.
C.
Plan Requirements. Plans shall include all drawings, narratives
and computations as outlined in KC-APWA 5100 and 5600.
D.
Drainage Onto Sidewalks. Tributary areas where sidewalks
exist or are proposed, and which drain 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 in proportional amounts 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.
E.
Downspouts. Downspouts shall not be discharged directly
onto sidewalks or entrance ways. When downspouts are connected to
the gutter line of the street or the public drainage system, they
shall be connected by a method approved by the City. Downspouts shall
not discharge within the building setback unless there is a drainage
swale established to carry the water to the front or rear of the property
or closest natural drainage course. Downspouts may also discharge
within the building setback if discharging into a rain garden, rain
barrel or other stormwater best management practice.
F.
Flow Toward Streets. Any concentration of surface flow
in excess of two (2) cubic feet per second (cfs) for the ten-year
frequency rain shall be intercepted before reaching the street right-of-way
and shall be carried by a storm drain to connect with a drainage structure
at the low point in the street right-of-way or to discharge to a watercourse.
G.
Parking Lots And Garages. Adequate provisions shall be
made for the disposal of stormwater from parking lots and garages.
Plans shall be submitted for approval to the City to ensure measures
are taken to limit the flow of water onto adjoining property or adjacent
sidewalks or streets in a quantity that would be detrimental to or
inconvenient to persons using the streets or sidewalks.
H.
Natural Stream Protection On Developments Platted After
January 1, 2008.
1.
Natural streams shall be buffered by a twenty-five-foot
riparian buffer zone plus an additional twenty-five-foot building
setback. The riparian buffer zone shall be measured from the ordinary
high-water mark and the building setback shall be measured from the
edge of the riparian buffer zone.
2.
Riparian buffer zones shall remain undisturbed
to the maximum extent practicable. This zone prohibits any land disturbance,
clearing, grubbing, or any other construction activities except as
necessary for utility construction and road access. Such construction
shall minimize disturbance of the stream and riparian buffer zone.
Naturally occurring vegetation within the riparian buffer zone shall
not be removed, diminished, inhibited, mowed or substantially altered
from its natural state or growth.
3.
Adjustments in widths of the riparian buffer zone
or adjacent building setback may be made when approved by the Subdivision
and Development Advisory Board when local conditions justify deviation
from the standard widths.
4.
Wherever the designated riparian buffer zone must
be disturbed, mitigation measures shall be taken to reestablish vegetative
filtration and stream stabilization to the maximum extent practicable.
[Ord. No. 7856 § 1, 12-1-2008]
A.
No stormwater drainage facility shall be constructed, altered
or reconstructed without first obtaining approval of plans for said
facility. All such construction shall comply with the general requirements
and design procedures, as set forth in this Chapter, and the criteria
of the KC-APWA 5600.
B.
No clearing, grading, borrowing or filling of land shall be done without an approved grading plan and issuance of a land disturbance permit. All such work shall also comport with an approved erosion and sediment control plan. No permit may be issued pursuant to this Subsection for clearing, grading, borrowing or filling of land on tracts greater than one (1) acre except in conjunction with a building permit issued in accordance with the provisions of Chapter 500 of the Code of the City of Marshall, Missouri, or in conjunction with a land disturbance permit. Every approval 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. No approval is required for the following activities:
1.
Any emergency activity which is immediately necessary
for the protection of life, property or natural resources.
2.
Existing nursery and agricultural operations conducted
as a permitted main or accessory use.
3.
Minor construction that does not substantially
alter the lay of the land or increase the impervious surface by more
than ten percent (10%).
C.
The City Administrator or his/her designee shall promulgate
rules and regulations governing the issuance of the permits required
by this Section.
D.
Duties Of Property Owners And Developers; Detailed Plan
Required.
1.
Prior to the issuance by the City of a building
permit for any type of construction, the property owner, the developer
or their agent shall have a drainage plan approved by the City in
accordance with this Chapter. The property owner, developer or their
agent shall, at his own expense, submit necessary plans, designs and
specifications to the City for review and approval along with a land
disturbance permit application on a form provided by the City.
2.
Provisions of this Section for plan requirement
shall be waived, provided no land is disturbed and no trees, shrubs,
grass or vegetation is destroyed or removed for construction, reconstruction,
repair or alteration of any building provided the improvement does
not alter or increase the flow of water.
E.
Review And Approval.
1.
The City will review each application for a permit
to determine its conformance with the provisions of the Code. Within
thirty (30) days after receiving an application, the City shall, in
writing:
a.
Approve the permit application;
b.
Approve the permit application subject to such
reasonable conditions as may be necessary to secure substantially
the objectives of this regulation, and issue the permit subject to
these conditions; or
c.
Disapprove the permit application, indicating
the deficiencies and the procedure for submitting a revised application
and/or submission.
2.
Failure of the City to act on original or revised
applications within thirty (30) days of receipt shall authorize the
applicant to proceed in accordance with the plans as filed unless
such time is extended by agreement between the applicant and the City.
Pending preparation and approval of a revised plan, development activities
shall be allowed to proceed in accordance with conditions established
by the City.
F.
Modifications To The Plan.
[Ord. No. 7856 § 1, 12-1-2008]
A.
Restriction Of Runoff. The City may require that storm
drainage systems for tributary areas upstream of existing storm drainage
facilities include on-site stormwater 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 at its option may allow downstream system improvements, detention
and/or fees in-lieu-of construction that provide the same level of
control.
B.
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 purpose of stormwater management.
[Ord. No. 7856 § 1, 12-1-2008]
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 shall
be constructed within fifty (50) feet of the ordinary high-water mark
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 may vary the above requirements upon
visiting the building site and/or reviewing plans for 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 Department of Municipal Services.
[Ord. No. 7856 § 1, 12-1-2008]
A.
Easements. Whenever improvements to land are made, easements
for the stormwater drainage system including structural facilities,
engineered channels and overflow paths, shall be provided across private
property. Easements through existing developments may be obtained
as deemed necessary. Drainage easements shall include access from
a convenient public street or parking lot. The minimum width of easements
for stormwater 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. Where the drainage system consists
of an engineered channel, easements shall be as wide as the top of
bank width plus ten (10) feet each side.
B.
Maintenance.
1.
Public Stormwater Improvements. Maintenance of
stormwater sewers, lined drainage channels, detention facilities and
related facilities located within public drainage easements shall
be the responsibility of the City.
2.
Natural Channels. The City may undertake all maintenance
activities, deemed necessary, 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.
3.
Private Stormwater Improvements. Maintenance of
stormwater 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.
4.
Private Detention Facilities.
a.
Responsibilities. Owners of land containing private
detention facilities shall maintain the facility as it was designed
in order to continue the mitigation of the stormwater impacts. This
maintenance shall include removal of overgrown vegetation, repair
of erosion, repairs to any inlet/outlet structures, and removal of
excess silt or any other maintenance deemed necessary to provide the
design storage capacity.
b.
Nuisance Declared. Failure to provide necessary
maintenance shall be deemed a nuisance.
c.
Stormwater Pollution Prevention. Any owner or
operator of a commercial or industrial establishment shall provide,
at their own expense, reasonable protection from accidental discharge
of prohibited materials or other wastes into the municipal storm drain
system or watercourses through the use of structural and nonstructural
BMPs. Further, any person responsible for a property or premises,
which is, or may be, the source of an illicit discharge, may be required
to implement, at said person's expense, additional structural
and nonstructural BMPs to prevent the further discharge of pollutants
to the municipal separate storm sewer system. Compliance with all
terms and conditions of a valid NPDES permit authorizing the discharge
of stormwater associated with industrial activity, to the extent practicable,
shall be deemed compliant with the provisions of this Section. These
BMPs shall be part of a stormwater pollution prevention plan (SWPPP)
as necessary for compliance with requirements of the NPDES permit.
[Ord. No. 7856 § 1, 12-1-2008]
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 stormwater drainage system.
Any person violating this Section or damaging the stormwater 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.
[Ord. No. 7856 § 1, 12-1-2008]
The City may periodically inspect development sites. Through
such periodic inspections, the City shall ensure that the drainage
plan is properly implemented. The improvements shall be maintained
by the developer or owner until such time, if any, maintenance is
taken over by the City.
[Ord. No. 7856 § 1, 12-1-2008]
If it is determined that development is not proceeding in accordance
with the approved drainage plan, the City shall issue a written stop-work
order to the developer detailing the nature and location of the noncompliance
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 shall issue a notice of compliance
and the development may proceed.
