[Amendment 21 – Ordinance 2015-005, 1-26-2015]
A. The
purpose of this chapter is to minimize and prevent the discharge of
pollutants from developed land into the surface waters of the City
by establishing reasonable requirements for the treatment of stormwater
runoff from new development and redevelopment activities.
B. The
City of Raymore finds that land development and the associated increases
in impervious cover can increase the quality and nature of pollutants
carried by stormwater runoff, increase stormwater runoff rates and
volumes, aggravate stream channel erosion and sediment transport,
alter the hydrologic response of watersheds, and degrade the ecological
function of downstream rivers, creeks, streams, lakes and other water
bodies.
C. Further,
the City of Raymore finds that Stormwater Treatment Facilities and
requirements can minimize those impacts by reducing pollutant levels
carried in stormwater runoff, removing or reducing the concentrations
of those pollutants that are carried, reducing stream bank erosion,
and by restoring stormwater runoff rates and volumes to levels closer
to the pre-development hydrologic regimes.
For the purposes of this chapter, these words and phrases shall
have the following meaning:
APPLICANT
A property owner or agent of a property owner who has filed
an application for a permit that is subject to the requirements of
this chapter.
CHANNEL
A natural or artificial Watercourse with defined bed and
banks.
CITY
The City of Raymore, Missouri.
CODE
The Raymore Municipal Code.
DEDICATION
The deliberate appropriation of property by its owner for
general public use.
DEVELOPER
A person who engages in Development of real estate, whether
or not that person is the Landowner.
DEVELOPMENT
Any man-made changes to improved or unimproved real estate,
including, but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
DIRECTOR
The Director of Public Works Department or the Director’s
authorized representative.
IMPERVIOUS COVER
Those surfaces that cannot effectively infiltrate rainfall,
including building rooftops, pavement, sidewalks, and driveways.
INFILTRATION
The process of percolating Stormwater into the subsoil.
INFILL DEVELOPMENT
Development on a vacant or substantially vacant tract of
land surrounded by existing Development except that tracts of land
larger than ten (10) acres shall not be considered “Infill Development.”
LAND DISTURBANCE
Any activity that changes the physical condition of landform,
vegetation and hydrology, creates bare soil, or otherwise may cause
erosion or sedimentation. Such activities include, but are not limited
to, clearing, removal of vegetation, stripping, grading, grubbing,
excavating, filling, logging and storing of materials.
LANDOWNER
The legal or beneficial owner or owners of a lot or tract.
The holder of a contract to purchase or other person having an enforceable
proprietary interest in a lot or tract shall be deemed a landowner.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
OFF-SITE FACILITY
A Stormwater Treatment Facility located outside the subject
property boundary described in the permit application for land Development
activity, including Facilities that may accept runoff from multiple
projects.
POLLUTANT
Any substance or material which contaminates or adversely
alters the physical, chemical or biological properties of water, including
changes in temperature, taste, odor, turbidity, or color.
PREVIOUSLY CONSTRUCTED DEVELOPMENT
All buildings, parking, sidewalks, and other impervious surfaces
that currently exist on a site that were built in accordance with
an approved Development plan.
REDEVELOPMENT
Development on a tract of land that has been previously developed
in substantial accordance with an approved Development plan or final
plat, either under City or County zoning codes, and where all or a
majority of the existing structures and/or site improvements built
under that plan are proposed to be razed and a new structure or structures
or other site improvements are proposed to be constructed in accordance
with an approved Development plan or plat.
STOP WORK ORDER
An order issued which requires that all construction activity
on a site be stopped.
STORMWATER
Stormwater runoff, snow melt runoff, and surface runoff and
drainage from precipitation.
STORMWATER TREATMENT FACILITIES OR FACILITIES
All structures, plantings, natural features, or other physical
elements that are designed, constructed and maintained in accordance
with this chapter and which are provided to prevent or reduce Stormwater
Pollution or to control Stormwater runoff volume and discharges.
WATERCOURSE
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
[Amendment 22 – Ordinance 2015-068, 9-14-2015]
No land shall be developed without full compliance with this
chapter unless Development occurs as allowed by the following exceptions:
A. Standard
Exceptions: Projects meeting any of the following criteria are exempt
from the provisions of this chapter:
1. Land Disturbances of less than one (1) acre that are not part of
a common plan for Development that will cumulatively disturb more
than one (1) acre.
2. Expansions and modifications to Previously Constructed Developments
otherwise subject to this chapter where the proposed increase in impervious
surface is less than five thousand (5,000) square feet. This exception
shall not apply to multiple applications in the approval process and/or
under construction at the same time that cumulatively exceed five
thousand (5,000) square feet of impervious surface.
3. Land Disturbances for utility construction.
5. Single lot residential Developments that are not part of a larger
common plan for Development.
6. Repairs to any Stormwater Treatment Facility or practice deemed necessary
by the Director of Public Works.
7. Required Rezoning and Conditional Use Permits to allow a specific
use with no physical changes proposed to the approved Preliminary
Development Plan.
B. City Administered Construction: Construction projects administered and constructed directly by the City shall comply with this chapter, except that compliance is not required for street and thoroughfare construction: (1) that would be exempt under the standard exceptions in Section
450.040A of this chapter; and (2) that will maintain, enhance, or reconstruct existing roadways, including the intersection improvements, turn lane additions, safety improvements, or new entrances, but which will not add additional through lanes.
Unless subject to another agreement, Stormwater Treatment Facilities
installed as part of City administered projects are owned and maintained
by the City.
The City does not assert jurisdiction under this chapter over
any construction work on State of Missouri right-of-way.
C. Previously
Approved Plans: Single-family and two-family residential projects
having a preliminary plan, preliminary plat, or final plat approval,
and multi-family and nonresidential projects having site plan approval
are exempt from the provisions of this chapter. “Substantial
or Significant Changes” to approved plans must comply with this
chapter in the same manner as a new Development.
“Substantial or Significant Changes” shall mean
any of the following criteria:
1. Increases in the density or intensity of residential uses of more
than five percent (5%) when the increase creates additional impervious
surface (typically horizontal in nature).
2. Increases in the total floor area of all nonresidential buildings
covered by the plan of more than ten percent (10%) when the increase
creates additional impervious surface (typically horizontal in nature).
3. Increase in lot coverage of more than five percent (5%).
4. Changes in ownership patterns or stages of construction that will
lead to a different Development concept.
5. Decreases of areas devoted to open space of more than five percent
(5%) or the substantial relocation of such areas.
6. Decreases of any peripheral setback of more than five percent (5%).
7. Changes of traffic circulation patterns that will affect traffic
outside of the project boundaries.
8. Modification or removal of conditions or stipulations to the approved
plans.
D. Infill and Redevelopment Projects: Substantial or Significant Changes to approved plans after the effective date of this chapter are subject to the provisions as required under Section
450.040C of this chapter.
The location of Stormwater Treatment Facilities shall be consistent
with their function while also conforming to the uses and constraints
of the site. The Facility locations shall be approved by the Director,
and ownership and maintenance responsibility established. At a minimum,
all Stormwater Treatment Facilities will be shown on final construction
plans and in the maintenance plan.
A. Centralized and Common Stormwater Treatment Facilities: Centralized and common Facilities for Stormwater treatment shall be shown on preliminary plans, preliminary plats, final plats and site plans. The perimeter of the Facility shall be dimensioned on a plan provided as an attachment to the Maintenance Agreement. Provisions shall be made for maintenance of the Facilities, documentation of their presence, and rights of access, as set forth in Section
450.110.
B. Distributed Stormwater Treatment Facilities: Distributed Stormwater Treatment Facilities shall be dimensioned on a plan provided as an attachment to the Maintenance Agreement. Provisions shall be made for maintenance of the Facilities, documentation of their presence, and rights of access, as set forth in Section
450.110.
C. Residential
Single-Family and Two-Family Areas: Generally, Stormwater Treatment
Facilities for residential single-family and two-family Developments
shall be centralized and located on a common tract, to be owned and
maintained by the entity holding fee title to the property or other
person contracted or obligated by other agreement to implement and
maintain post-construction Stormwater BMP’s.
The Director may allow a limited number of distributed Facilities
on individual residential tracts, provided the applicant demonstrates
that substantial provisions are in place to ensure long-term operation,
maintenance and inspection of such Facilities without undue burden
to the City for tracking or monitoring compliance.
D. Private
Facilities in the Public Street Right-of-Way: Privately owned and
operated Stormwater Treatment Facilities shall be located outside
of the public street right-of-way unless approved in writing by the
Director and a corresponding right-of-way Maintenance Agreement shall
be recorded that provides for private maintenance responsibility in
the public street right-of-way.
E. Coordination
with Utility Easements: Stormwater Treatment Facilities shall not
be co-located within utility easements unless approved by the Director.
F. Detention Ponds: When detention facilities for peak flood control are required under the provisions of Chapter
450 of the Code, such basins may be co-located with Stormwater Treatment Facilities, provided that the Facilities are designed to meet the requirements of both uses.
G. Off-site
Facilities: The Director may consider proposals to manage Stormwater
runoff in Off-site Facilities that treat runoff from the proposed
Development and comply with the Stormwater Treatment Standards. The
Off-site Facility shall be in place prior to or concurrently with
the proposed Development. Long-term operations and maintenance responsibilities
for the Facilities must be established by legal agreements, approved
by the City and recorded with the Cass County Recorder.
H. Existing stream corridors as required in Section
455.040 of the Code are considered a beneficial Stormwater Treatment Facility, therefore credit will be granted by the Stormwater Treatment Standards. In limited circumstances, which are specifically included in the Stormwater Treatment Standards, the outer one-third (1/3) of the designated stream corridor may incorporate additional features which enhance the corridor’s Stormwater treatment function. Such Facilities must be consistent with the long-term integrity of the stream corridor as a natural, riparian zone.