[Ord. No. 10546, 1-3-2019[1]]
The purpose of this article is to provide stormwater rules,
regulations and standards to establish best management practices (BMPs)
for infill development within the City of Kirkwood, Missouri, in order
to promote the public health, safety, convenience and general welfare
of the municipality.
[Ord. No. 10546, 1-3-2019]
As used in this article, the following terms shall have the
meanings indicated:
A structural device, measure, facility, or activity that
helps to achieve stormwater management control objectives at a designated
site.
The portion of a parcel of property that is covered by any
material, including without limitation roofs, streets, sidewalks and
parking lots paved with asphalt, concrete, compacted sand, compacted
gravel or clay, that substantially reduces or prevents the infiltration
of stormwater. Impervious area shall not include natural undisturbed
surface rock.
The latest edition of the manual "Stormwater Management Guidance,
City of Kirkwood Green Infrastructure Techniques for Stormwater Management"
maintained by the Department of Public Services.
A tract, plot or portion of a subdivision or parcel of land
intended as a unit for the purpose, whether immediate or future, for
transfer of ownership or for building development.
An agreement between the current property owner and the City
where the property owner agrees to maintain any installed BMPs on
the property.
The impervious area calculated by subtracting the present
impervious area in the most currently available aerial photography
data or current site survey from the proposed post-development impervious
area and maintaining the original property boundary as the regulated
project boundary, regardless of subdivision, replat, horizontal property
regime, or any other modification of property boundaries by deed or
plat.
A document approved at the site design phase that outlines
the measures and practices used to control stormwater runoff at a
site.
The creation of net additional impervious area of at least
1,000 square feet or causing the total impervious area on the lot
to be 25% or greater of the total lot area for commercial, industrial,
or residential real property through new development, redevelopment,
or rehabilitation of existing lots.
Any surface flow, runoff and drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
Any lot containing no current permanent structure(s) and
no permanent structures visible on the aerial photography dated 2001
maintained by the City.
[Ord. No. 10546, 1-3-2019]
(a)
All regulated infill development shall not proceed without a permit
and shall meet the requirements of this section.
(1)
All regulated infill development creating 1,000 square feet
or more of net additional impervious area is required to treat, by
means of capture, the first 1.14 inches of rainfall runoff, for impervious
area equal to the net additional impervious area. Vacant lots shall
be subject to this requirement.
(2)
All regulated infill development causing the total impervious
area on the lot to be 25% of the total lot area are required to treat,
by means of capture, the first 1.14 inches of rainfall runoff, for
the amount of impervious area greater than 25% of the total lot area
or the net additional impervious area, whichever is greater.
(3)
All regulated infill development required to provide stormwater
quality or quantity control BMPs by the Metropolitan St. Louis Sewer
District MSD shall be exempt from the requirements of items in Subsection
(a)(1) and (2) of this section.
(4)
All new development and redevelopment sites that disturb greater
than or equal to one acre, including projects that are part of a larger
common parcel or project that is greater than one acre shall have
development plans submitted to the Metropolitan St. Louis Sewer District
(MSD) for review and approval prior to the issuance of any building
permits.
(5)
All development proposed for commercial, industrial, or multifamily
use regardless of disturbed area shall have development plans submitted
to the Metropolitan St. Louis Sewer District (MSD) for review and
approval prior to the issuance of any building permits.
(6)
Construction of an approved stormwater BMP(s) shall not require
a separate permit if installed in conjunction with associated construction
activities requiring a permit from the Department of Public Services.
(9)
All regulated infill development shall comply with all applicable
provisions of Appendix A, Zoning Ordinance, Ord. No. 10103.
(b)
The owner/developer of a project qualifying as regulated infill development
shall endeavor to treat the first 1.14 inches of rainfall runoff from
the net added impervious area using methods from the infill development
stormwater guidance document. If this treatment proves impractical,
improving downstream drainage to mitigate a known flooding problem
with assistance from a professional engineer may be considered for
all or part of the 1.14-inch treatment requirement; final determination
of allowable alternate method to be made by Director of Public Services.
[Ord. No. 10546, 1-3-2019]
(a)
All projects which include the installation of sump pumps or existing sump pumps with discharges causing a nuisance per Chapter 16, § 16-2, of this Code must discharge to one of the following BMPs per the infill development stormwater guidance document:
(1)
Drywell sized to treat a minimum of 175 square feet of contributing
area and located a minimum of 10 feet from any property line; or
(2)
Vegetated filter strip sized to treat a minimum of 175 square
feet of contributing area and sump pump discharge located a minimum
of 20 feet from any property line.
[Ord. No. 10546, 1-3-2019]
The Director of Public Services shall maintain the "Stormwater
Management Guidance, City of Kirkwood Green Infrastructure Techniques
for Stormwater Management" as adopted by resolution by the City Council.
The latest version as adopted by resolution by the City Council shall
be followed by all persons planning or constructing regulated infill
development within the City limits.
[Ord. No. 10546, 1-3-2019]
(a)
Prior to the issuance of any permit for a development involving any
regulated infill stormwater BMP, the owner(s) of the site must execute
a maintenance agreement that shall be binding on all subsequent owners
of land served by the stormwater BMP. The agreement shall provide
for access to the BMP and the land it serves at reasonable times for
periodic inspection by the City or the City's designee and for regular
or special evaluations of property owners to ensure that the BMP is
maintained in proper working condition to meet City stormwater requirements.
The maintenance agreement shall be recorded with the St. Louis County
Recorder of Deeds, and a recorded copy of the agreement shall be provided
to the City by the owner prior to issuance of any permit.
(b)
The owner(s) of every regulated infill development site shall be
responsible for maintaining stormwater BMPs in an effective state
as determined in the sole judgment of the City after completion of
construction.
(c)
Occupancy permits shall not be granted until all stormwater BMPs
have been inspected and approved by the City.
[Ord. No. 10546, 1-3-2019; ]
Whenever the Director or the Director's designees, including inspectors within the City's Department of Public Services, find that a person has violated the terms of the maintenance agreement or failed to meet a requirement of this chapter, the Director or his or her designee may order compliance in accordance with procedures set forth in Chapter 5, Article III, Property Maintenance Code.
[Ord. No. 10546, 1-3-2019]
