[Ord. No. 4190, 2-1-2021]
A.
Two (2) consequences of construction and development are the increased
runoff created by the changed properties of the ground surface and
the rate of discharge of this increased runoff. These are both of
great relevance to stormwater management.
B.
The natural condition of the land before development is in relative
balance with the natural capacity of the receiving creeks. Normally,
the undeveloped conditions provide greater permeability and longer
times of concentration.
C.
By modification of the ground surface from the irregular, pervious
and vegetation-covered, the areas are changed to more impervious,
more quickly drained and, in some cases, denuded of vegetation.
D.
It is the policy of the City to protect and promote the public health,
safety and general welfare.
E.
The management of stormwater will reduce the erosion on land and
creek channels, will reduce the possibility of damage to public and
private property, will assist in the attainment and maintenance of
water quality standards and will preserve the environmental quality
of the watercourses in the City.
[Ord. No. 4190, 2-1-2021]
[Ord. No. 4190, 2-1-2021]
A.
No person shall uncover, make any connection with or opening into,
use, alter or disturb any public or private storm sewer, stormwater
facility or stormwater structure without first obtaining a written
permit from the Public Works Director.
B.
All plans for stormwater construction or alteration shall be approved
by the Public Works Director prior to the beginning of any such work.
C.
A permit application form will be provided by the City and be made
available through the Public Works Department.
D.
The permit application shall be supplemented by plans, specifications
and other information as required in this Article or by the Public
Works Director.
E.
A permit cannot be issued without the completed application form,
permit fees and all the supplemental plans, specifications and other
information as required.
[Ord. No. 4190, 2-1-2021]
A.
The permit fee for storm drainage facilities shall be set annually
and maintained on the official fee schedule with the Public Works
Department. This charge is not refundable.
B.
The provisions of Article IX, Required Improvements and Guarantees, shall apply to any stormwater facility modification or construction.
C.
The Public Works Director shall establish the amount of the required
financial guarantee, if any, required as part of the permit application.
[Ord. No. 4190, 2-1-2021]
A.
Preliminary Construction Plans.
1.
In advance of any planned storm sewer work, the owner of the
site or his agent shall cause to have submitted preliminary construction
plans on the project to the Public Works Director for review and comment.
B.
Final Construction Plans.
1.
After approval of said preliminary plans, the owner or his agent
shall submit final plans, specifications, calculations, all required
additional information, a permit application form, all financial guarantees
and the permit fee to the Public Works Director for approval.
C.
Staff Review.
1.
These submitted materials will be reviewed for compliance with
the ordinances and standards of the City.
2.
Any and all errors or omissions on any part of the submitted
material shall be corrected by the owner or the owner's agent prior
to issuance of a permit for the work.
3.
The Public Works Director may impose such conditions or requirements
upon the issuance of a permit as the Public Works Director deems necessary
or proper to assure the safety of the public and faithful compliance
with City ordinances and standards.
4.
All appropriate approvals from the United States Army Corps
of Engineers and Missouri Department of Natural Resources must be
acquired and submitted to the Public Works Director prior to issuance
of a stormwater permit.
5.
Only after review and approval by the Director of Public Works
of all the required documents as detailed in this Article and payment
of all fees, financial guarantees, a permit will be issued for the
proposed work.
D.
Additional Permits.
1.
A separate excavation permit will be required for any portion
of the work within City rights-of-way.
E.
Permit Violations.
1.
If any action is taken that is inconsistent with a permit, or
if any remedial action required by the City is not taken as directed,
the Public Works Director may issue a stop-work order.
2.
The stop-work order shall direct all parties to cease and desist
any or all portions of the work, except such work necessary to comply.
3.
If such stop-work order is ignored, the parties shall be in
violation of this Chapter and shall be subject to the penalties contained
herein.
F.
Permit Period Of Validity.
1.
A permit issued under this Article shall expire one (1) year
from the date of issuance.
G.
Extensions.
1.
The Public Works Director may, for due cause shown, extend any
permit for additional one-year periods after complete review of all
plans and examination of work accomplished and proposed.
2.
Requests for extensions shall be made at least thirty (30) days
prior to the expiration date of such permit. In no case shall the
permit be extended if the provisions of this Article have not been
complied with.
[Ord. No. 4190, 2-1-2021]
A.
Intent.
1.
The purpose of this Section is to establish standards for maintenance
of detention basins and stormwater management systems. Standards for
maintenance will ensure that detention basins and stormwater management
systems function properly after they are constructed.
2.
No developer, trustee or owner of property regulated by this
Article shall permit stormwater to be collected or discharged in detention
basins or stormwater management systems in any manner that injures
the property of others.
3.
Detention basins and stormwater management systems shall be
maintained to a reasonable degree of maintenance.
4.
No modifications shall be made to any detention basins or stormwater
management systems without a permit from the City.
B.
Aeration Requirements.
1.
When retention ponds are planned in a subdivision to control
stormwater runoff, the developer shall provide a means of aerating
or circulating the water in the retention ponds to minimize future
water stagnation and the breeding of mosquitoes.
2.
The equipment installed to aerate or circulate the water shall
be installed upon the completion of the retention pond, establishment
of ground cover after rough grading, and prior to the release of erosion
control and/or stormwater financial guarantees.
3.
The City shall approve the proposed method by the developer
to aerate or circulate the water in the retention pond. Methods used
to aerate or circulate the water in the retention ponds may include,
but are not limited to, systems such as fountains, circulation or
bubblers.
C.
Nature Of Stormwater Facilities.
1.
Location.
a.
To carry away surface water that may exist either previously
to, or as a result of, the subdivision, such drainage facilities shall
be located in perpetual unobstructed easements of appropriate width.
2.
Effect On Downstream Drainage Areas.
a.
Where it is anticipated that the additional runoff incident
to the development of the subdivision will adversely impact an existing
downstream drainage facility, the Planning and Zoning Commission may
withhold approval of the subdivision until provision has been made
for the improvement of said potential condition.
b.
No subdivision shall be approved unless adequate drainage will
be provided to an adequate drainage watercourse or facility.
[Ord. No. 4190, 2-1-2021; Ord. No. 4587, 9-18-2023]
A.
Maintenance.
1.
The developer of a subdivision shall have responsibility for
the maintenance of detention basins and stormwater management systems
in the subdivision until such time as the construction financial guarantee
for the development of the subdivision has been released.
2.
Prior to the release of the construction financial guarantee, the developer shall establish an indenture of trust for the subdivision and execute a stormwater basin maintenance agreement in accordance with Section 430.460(B), Stormwater Basin Maintenance Agreements.
3.
Upon release of the construction financial guarantee for the
development of the subdivision, the responsibility for the maintenance
of detention basins and stormwater management systems in the subdivision
shall vest in the trustees of the subdivision pursuant to the indenture
of trust and stormwater basin maintenance agreement.
4.
In absence of an enforceable or valid indenture of trust, stormwater
basin maintenance agreement, or trustees for a subdivision, responsibility
for the maintenance of detention basins and stormwater management
systems in the subdivision shall vest jointly and severally in the
owners of property in the subdivision.
5.
Single-Lot Developments.
a.
The responsibility for maintenance of detention basins and stormwater
management systems in a single-lot development shall vest jointly
and severally in the developer and owner of the single-lot development
until final inspection of the single-lot development is approved and
an occupancy permit is issued.
b.
Prior to the issuance of an occupancy permit, the developer shall execute a storm water basin maintenance agreement in accordance with Section 430.460(B), Stormwater Basin Maintenance Agreements.
c.
Upon occupancy, responsibility for the maintenance of detention
basins and stormwater management systems in a single-lot development
shall vest in the owner of the single-lot development.
6.
Unsafe Conditions.
a.
Causing any detention basin or stormwater management system
to be a danger to the public health and safety because of any unsafe
condition or because of any failure to provide a reasonable degree
of maintenance shall constitute a violation of this Code. Each day
on which any such condition is caused to exist shall be deemed a separate
offense.
b.
Any defendant charged with a violation of this Section shall
be issued a summons directing an appearance before the Municipal Court
of the City for the purpose of adjudicating the violation. Any defendant
found to violate this Section shall, upon conviction, be fined not
more than five hundred dollars ($500.00) or imprisoned as determined
by the Judge, or any combination of both, and pay court costs.
c.
Nothing herein shall preclude the City from taking such other
lawful action as is necessary to prevent or remedy any violation.
B.
Stormwater
Basin Maintenance Agreements.
1.
The stormwater basin maintenance agreement shall be entered into
with the City to fulfill the obligations imposed by this Article and
shall have such other terms as the City Attorney may require consistent
with this Article.
2.
The stormwater basin maintenance agreement shall be approved by the
Director of Public Works and recorded with the St. Charles County
Recorder of Deeds.
C.
Inspection.
1.
The Public Works Director, or the Public Works Director's designee,
shall inspect, or cause to be inspected, all detention basins and
stormwater management systems in the City. Following any inspection,
the Public Works Director shall determine the condition of any detention
basin and stormwater management system and whether developers, trustees
or owners provided a reasonable degree of maintenance to the same.
2.
If a detention basin or stormwater management system is a danger to the public health and safety because of an unsafe condition or because one (1) or more developers, trustees or owners failed to provide a reasonable degree of maintenance, such condition is hereby declared to be a nuisance. The Public Works Director shall take such action as may be necessary to protect the public health and safety, including requiring the abatement of any nuisances described herein under the procedures set forth in Sections 220.010 through 220.200.
[Ord. No. 4190, 2-1-2021]
A.
General Requirements.
1.
Where a subdivision is traversed by a watercourse, drainageway,
channel or stream, there shall be provided a stormwater easement or
drainage right-of-way conforming substantially to the lines of such
watercourse, and of such width and construction, or both, as will
be adequate for the purpose.
B.
Drainage Facilities.
1.
Where topography or other conditions are such as to make impractical
the inclusion of drainage facilities within road rights-of-way, perpetual
unobstructed easements at least fifteen (15) feet in width shall be
provided across property outside the road lines and with satisfactory
access to the road.
2.
The minimum width and location of the drainage easements may
be modified by the Public Works Director upon consideration of the
proposed width of lots in the subdivision, the overall subdivision
drainage plan, and the minimum width needed for repair and service
vehicle access.
3.
Easements shall be indicated on the preliminary plat and improvement
plans.
4.
Drainage easements shall be carried from the road to a natural
watercourse or to other drainage facilities.
5.
When a proposed drainage system will carry water across private
land outside the subdivision, appropriate drainage rights must be
secured and indicated on the subdivision plat and detailed site plan.
6.
The applicant shall dedicate to the City, either in fee simple
or by drainage or conservation easement, land on both sides of existing
streams and drainage areas to a distance to be determined by the City.
Alternatively, the City may require drainage areas be established
by subdivision indenture to be maintained in perpetuity by the subdivision
property owners.
7.
Low-lying lands along watercourses subject to flooding or overflowing
during storm periods, whether or not included in areas for dedication,
shall be preserved and retained in their natural state as drainageways.
Permanent structures shall not be allowed on such land or lands subject
to periodic flooding.
[Ord. No. 4190, 2-1-2021]
A.
Where undue hardship results from compliance with this Article, a developer, trustee or owner of property may petition for a variance following the procedure outlined in Section 405.230, Variance.
B.
The Board of Adjustment may approve a variance so that substantial
justice may be done, and the public interest may be served, provided
that any such variance shall not have the effect of nullifying the
purposes of this Article and further provided that the Board of Adjustment
shall not grant the variance unless it determines that:
1.
The granting of the variance will not be detrimental to the
public health and safety or injurious to other property or improvements;
2.
The conditions upon which the request for variance is based
are unique to the property for which the variance is sought, are not
applicable generally to other property and are not self-imposed; and
3.
Because of the particular physical surroundings, shape or topographical
conditions of the specific property involved, a particular hardship
to the developer, trustee or owner would result, as distinguished
from a mere inconvenience.
C.
In recommending a variance, the City may require such conditions
as will secure substantially the objectives of the standards of this
Article.
D.
A petition for a variance shall be submitted at the time of filing
for a preliminary plat or for application for a building permit. The
petition shall state fully the grounds for the request and all facts
relied thereon.
