A.
Applicability.
The provisions of this chapter apply to all land disturbance construction
activities including residential (single-family and multi-family),
commercial and industrial development. Storm water detention facilities
shall be constructed and in operation prior to any construction of
impervious surface and so noted on the engineering drawings.
B.
Developer
Responsibility. There are many methods and/or combination of methods,
which may be utilized to provide the amount of storage required. It
is the responsibility of the developer to choose which method or combination
of methods he/she will use. All required improvements must be designed
and built according to the latest edition of the Kansas City Metropolitan
A.P.W.A. unless otherwise required by the City of Raymore “Standard
Contract Documents and Technical Specifications and Design Criteria
for Utility and Street Construction.” Whenever these two (2)
are in conflict, the more restrictive applies.
C.
Methods
of Storage. The following is a list of various methods of detention
including conditions and limitations, which shall be observed in the
selection of a method of detention.
1.
Rooftop Storage.
a.
Building Codes require roof load designs for rain and snow. The design
load may be converted to an equivalent water depth in inches, which
can be safely contained on flat roofs.
b.
The maximum storage allowed for design purposes should not exceed
this depth unless a building is designed to withstand a greater roofload.
The depth of water can be controlled by proper sizing of downspouts
and by constructing scuppers through the parapet walls.
c.
Overflow drains should be used to protect against possible roof overloading.
Roofwater tightness is required to prevent leakage from water accumulation.
2.
Parking Lots.
a.
Considerable area in commercial areas is occupied by parking lots.
Planned correctly these paved areas can provide adequate detention
with minimum inconvenience to the public and without functional interference.
This method involves storage of runoff in depressions constructed
near drains.
b.
In parking lots, detention is permitted to a maximum depth of seven
(7) inches. The maximum limits of ponding may not be designed closer
than ten (10) feet from a building unless waterproofing of the building
and pedestrian accessibility are properly documented. The minimum
freeboard from the maximum ponding elevation to the lowest sill elevation
of a building is one (1) foot.
c.
When detention is used on parking lots by means of retaining walls
or curbs, these retaining walls and curbs must be constructed with
reinforced concrete.
3.
Recreation Areas.
a.
Recreation areas, such as open space or sports fields, generally
have a substantial area of grass cover which can have high infiltration
rates. A secondary use of such recreation areas can be made by providing
for limited detention storage of runoff from adjacent areas. Because
these areas are not used during periods of precipitation, detention
ponding should not impede their primary use.
b.
To minimize the effects of detention, the recreation area should
be designed so that it will thoroughly drain. Additionally, the vegetation
used on the area should be tolerant of periodic inundation and wetness.
The developer and the Parks and Recreation Department should work
closely to provide open space that can also be used for limited detention
storage.
4.
Dry Reservoirs. Dry reservoirs shall be designed in accordance with
the latest revision of the Standard Specifications of the Kansas City
Metropolitan Chapter of the American Public Works Association as modified
below:
a.
Earth Bottoms. All dry detention facilities shall be constructed
with earth bottoms unless there is not sufficient runoff to support
a plant community as determined by the Director of Public Works. The
pond bottom shall be designed as a wetland and plantings shall be
installed in accordance with wetland design criteria as specified
in the latest revision of the Mid-America Regional Council and American
Public Works Association “Manual for Best Management Practices
for Storm Water Quality.”
b.
Maintenance.
(1)
Stormwater facilities shall be maintained by the owner or other
responsible party as outlined in a maintenance agreement approved
by the City Council at the time of final plat approval.
(2)
Disposal of waste from maintenance of facilities shall be constructed
in accordance with applicable federal, state and local laws and regulations.
(3)
Records of installation and maintenance and repair shall be
retained by the owner or other responsible party for the current five-year
period and shall be made available to the City Public Works Department
upon request.
c.
Inspection.
(1)
Stormwater systems shall be inspected by the City Public Works
Department during and after construction and annually thereafter to
assure consistency with the approved stormwater management plan.
(2)
All stormwater systems shall be subject to the authority of
the on-site detention inspection program of the City Public Works
Department to ensure compliance with this code and may be inspected
when deemed necessary.
(3)
Routine or area inspections shall be based upon such reasonable
selection processes as may be deemed necessary to carry out the objectives
of this chapter, including but not limited to, random sampling and/or
sampling in areas with evidence of stormwater pollution, illicit discharges,
or similar factors.
d.
Existing Dry Reservoirs.
(1)
In residential subdivisions where dry reservoirs/wet weather
ponds currently exist, if a majority of the lot owners in that subdivision
file a written request with the City Council to have the reservoir/pond
either filled in or converted to another method of stormwater detention
and there are curbs and gutters and a stormwater inlet located nearby
to safely control the volume of a one-hundred-year storm event, the
City Council shall hold a public hearing and vote on the request.
(2)
In residential subdivisions where dry reservoirs/wet weather
ponds have been approved but are less than twenty-five percent (25%)
constructed, if a majority of lot owners file a written request with
the City Council asking that another method of stormwater detention
be used, then the City Council shall hold a public hearing and vote
on the request.
(3)
For commercial property, if a majority of the owners of that
property file a written request with the City Council asking that
another method of stormwater detention be used, then the City Council
shall hold a public hearing and vote on the request.
5.
Permanent Lakes. Permanent lakes must be constructed according to
the Kansas City Metro A.P.W.A. standards and specifications.
6.
Underground Storage.
a.
Storm water runoff may be controlled by a holding tank or large size
pipe. This method should be limited to areas where surface ponding
is prohibited due to lack or high cost of available land or areas
where the surface topography is not conducive to above-ground storage.
b.
These systems must be designed so that the water surface from the
twenty-five-year storm does not exceed the elevation of the top of
the storage pipe or vault or come within six (6) inches of the bottom
of any inlet grate or exceed the top of any upstream pipe; and provision
must be made to safely control the one-hundred-year storm.
c.
Underground storage systems must be designed to be relatively maintenance
free by using adequate trash screens at all inlets to the system and
at the control structures avoiding the use of moving parts and avoiding
the use of small control pipes and narrow weir openings.
d.
Privately maintained underground storage systems located on private
property must be constructed of materials which have a similar expected
life as that of the project. Tanks, vaults or oversized pipes and
multiple parallel pipes may be used in these private systems.
e.
All underground storage systems must have a reasonable number and
type of access locations to allow easy inspection and maintenance.
[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:
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.
A natural or artificial Watercourse with defined bed and
banks.
The City of Raymore, Missouri.
The Raymore Municipal Code.
The deliberate appropriation of property by its owner for
general public use.
A person who engages in Development of real estate, whether
or not that person is the Landowner.
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.
The Director of Public Works Department or the Director’s
authorized representative.
The Director of the Public Works Department or the Director’s
authorized representative.
Those surfaces that cannot effectively infiltrate rainfall,
including building rooftops, pavement, sidewalks, and driveways.
The process of percolating Stormwater into the subsoil.
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.”
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.
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.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
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.
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.
All buildings, parking, sidewalks, and other impervious surfaces
that currently exist on a site that were built in accordance with
an approved Development plan.
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.
An order issued which requires that all construction activity
on a site be stopped.
Stormwater runoff, snow melt runoff, and surface runoff and
drainage from precipitation.
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.
The detailed design criteria, specifications, standard details,
and maintenance requirements adopted in writing by the Director.
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.
4.
Agricultural land uses.
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.
A.
Stormwater
Treatment Standards (Standards): The City shall adopt and maintain
Stormwater Treatment Standards to implement and interpret the provisions
of this chapter. The latest edition of the Mid-America Regional
Council and American Public Works Association Manual of Best Management
Practices for Stormwater Quality (MARC BMP Manual), and all
appendices, shall be the basis for these Standards. Included in the
Standards shall be additional technical guidance or exceptions to
the MARC BMP Manual which have been adopted by the
Director. The additional guidance or exceptions may include, but not
be limited to, modified best management practices, design criteria,
construction specifications, or standard details. Copies of all adopted
standards shall be on file and available in the Department of Public
Works.
B.
Modifications
to Standards: The Standards shall be amended by the following process:
The public input process shall include the following minimum steps:
(1) posting proposed documents in draft form a minimum of thirty (30)
days prior to the City holding a public informational meeting; and
(2) extending a written comment period for a minimum of thirty (30)
days after the public informational meeting.
C.
Minimum
Control Requirements: All Stormwater Treatment Facilities shall be
designed to provide a combination of pollutant removal and water volume
control that satisfies the level of service and value rating calculations
set forth in the Stormwater Treatment Standards and other requirements
established by City approved watershed management plans or studies.
D.
Non-Structural
Stormwater Practices: Non-structural stormwater treatment practices
are encouraged to minimize reliance on structural practices. Applicants
wishing to obtain credit for using non-structural practices must ensure
that these practices are documented and will remain unaltered by subsequent
property owners by locating the facility in a conservation easement,
separate tract dedicated for stormwater treatment facilities or similar
instrument as approved by the Director.
E.
Infill
and Redevelopment Projects: The Standards may modify or reduce requirements
on infill and redevelopment projects.
F.
Modifications
to Allow Alternate Compliance: In addition, the Director may waive
or modify any of the Stormwater Treatment Standards to encourage the
implementation of alternative or innovative practices that implement
the intent of the modified standards and provide equivalent public
benefits without significant adverse impacts on surrounding development.
Such modification may be granted for issues including, but not limited
to:
1.
Approval of alternate materials, devices, techniques, details or
specifications for individual treatment facilities that would be expected
to provide similar or better performance.
2.
Evaluations of credits, ratings, or level of service calculations
to account for unique or special technical considerations.
3.
Corrections, clarifications or modifications to requirements which
the Director has found to give inadequate or undesirable performance.
G.
Appeals
or decisions made by the Director related to the Standards shall be
made to the City of Raymore Board of Appeals.
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.
A.
The
Planning Commission of the City of Raymore may, in the process of
approving preliminary plans, preliminary plats, final plats, and site
plans, approve deviations from the specific terms of this chapter
which would not be contrary to the public interest and where, owing
to special conditions, a literal enforcement of the provisions of
this chapter would result in unnecessary hardship for the Applicant,
and provided that the spirit of this chapter shall be observed, the
public safety and welfare secured and substantial justice done for
the Applicants.
B.
An
application for a deviation may be granted only upon a finding that
all of the following conditions have been met:
1.
That the granting of the deviation will not adversely affect the
rights of adjacent Landowners.
2.
That the strict application of the provisions of this chapter would
constitute unnecessary hardship upon the Landowner represented in
the application.
3.
That the deviation desired will not adversely affect the public health,
safety, morals, order, convenience, prosperity or general welfare.
4.
That granting the deviation will comply with the general spirit and
intent of this chapter.
5.
That is has been determined the granting of a deviation will not
result in extraordinary public expense, create nuisances, cause fraud
on or victimization of the public or conflict with existing local,
federal or state laws.
|
Upon consideration of the factors listed above and the purposes
of this chapter, the City may attach such conditions to the granting
of deviations as it deems necessary to further the purpose of this
chapter.
|
C.
In
considering deviation applications, the City has the discretion of
using any or all of the following project evaluations when, in the
judgment of the Planning Commission or City of Raymore, these evaluations
are relevant and appropriate. No individual or combination of evaluations
are necessarily required for an application to be approved and the
Planning Commission or City of Raymore may weigh these evaluations
in light of all relevant considerations in determining whether or
not to approve an application.
1.
That alternative standards for Stormwater management, water quality
protection, and ecological preservation have been established, and/or
that mitigation measures are undertaken.
2.
That existing physical or natural characteristics of the site make
strict application of the chapter infeasible.
3.
That concerns for flooding, stream bank erosion, stream instability,
and maintenance of culverts, bridges or other structures are addressed.
4.
That the deviation is the minimum necessary to afford relief.
D.
For
City administered street construction, a request for deviation will
be initiated and recommended by the Director and must be approved
by the City of Raymore. The City may consider, as part of a deviation
request, the constraints posed by lack of available right-of-way,
interaction with previously planned or approved Stormwater drainage
systems, and the nature of surrounding land uses.
A.
Preliminary
Stormwater Treatment Facility Plan Requirements: No application for
development shall be accepted unless it includes a preliminary Stormwater
Treatment Facility plan detailing in concept how runoff and associated
water quality impacts resulting from the development will be controlled
or managed. This plan must be prepared by a registered professional
engineer in the State of Missouri and must show whether stormwater
will be managed on-site or off-site, and show the general location
and type of practices.
The preliminary Stormwater Treatment Facility plan must include:
conceptual stormwater management plans, sufficient information to
evaluate the existing environmental characteristics of the project
site, impacts of the proposed development, preliminary sizing for
Stormwater Treatment Facilities, and locations of any proposed access
easements or conservation easements, and a description of the maintenance
responsibility for proposed stormwater treatment facilities. The Director
may set additional minimum submittal requirements.
B.
Final
Stormwater Treatment Facility Plan Requirements: Unless waived by
the Director, the application shall obtain City approval for the final
Stormwater Treatment Facility plan prior to obtaining a permit. The
final Stormwater Treatment Facility plan, in addition to the information
from the preliminary Stormwater Treatment Facility plan, shall include
all of the information required in the Standards and any other submittal
requirements as determined by the Director.
C.
Landscaping
and Stabilization Requirements: The landscape plan for permitting
purposes shall include all of the following:
1.
Vegetative stabilization and management techniques to be used at
a site after construction are completed.
2.
An explanation of how the site will be stabilized after construction.
3.
Identify the responsible party for the maintenance of vegetation
at the site.
4.
Identify the practices that will be employed to ensure adequate vegetative
cover is preserved.
5.
The design is prepared by a registered landscape architect in the
State of Missouri.
6.
The design is approved prior to receiving a permit to construct the
Stormwater Treatment Facility.
A.
Permit Required: No person shall receive any permits for building, grading or other land Development without meeting the requirements of this chapter. Generally, permits for Stormwater Treatment Facility construction will be completed under the authorization of a building, site Development, or land disturbance permit. Application requirements and procedures are described in Chapter 455 and Chapter 470 of the Code.
B.
Construction
Plan Requirements: The Director shall have the authority to set minimum
construction plan submittal requirements by written policy or checklist.
C.
Performance
Surety Required: The Director shall require the submittal of a performance
surety in the form of an irrevocable letter of credit, surety bond,
cash deposit or similar guarantee. If a letter of credit is provided,
it shall be on the form as prescribed by the Director. The amount
of the performance surety shall be 1.25 times the total construction
cost of the Stormwater Treatment Facility as estimated by the project
designer and approved by the Director.
Performance Surety Waiver for Single Lot Developments: If Stormwater
Treatment Facilities only serve a single building and lot and a building
is being constructed, a performance surety may be waived by the Director
provided all Stormwater Treatment Facilities are constructed and certified
prior to issuance of a Certificate of Occupancy. When seasonal or
environmental conditions cause a delay in constructing the Stormwater
Treatment Facilities, the Director may approve issuing a Certificate
of Occupancy provided a performance surety is posted in accordance
with this section.
D.
Release
of Performance Surety: The performance surety will be released only
when all of the following conditions have been met:
1.
At least ninety percent (90%) of the land area served by the Stormwater
Treatment Facilities has permanent stabilization in place.
2.
All of the Stormwater Treatment Facilities covered by the surety
have been constructed and certified in accordance with this chapter.
3.
If the Stormwater Treatment Facility is constructed prior to final
stabilization of at least ninety percent (90%) of the land area served
by the facility, and the most recent certification of the facility
is more than ninety (90) days old, an updated certification shall
be required to verify that the facility is fully functional.
E.
Maintenance
Surety: Prior to issuance of a final certificate of occupancy, the
Director shall require the submittal of an irrevocable letter of credit,
surety bond, cash deposit, or similar guarantee for required maintenance
to the Stormwater Treatment Facility. The Landowner shall be responsible
for all regular maintenance and repairs to the Stormwater Treatment
Facility while the maintenance surety is in effect including, but
not limited to, repairs necessary due to damage caused by intentional
or unintentional acts of others. The maintenance surety shall be in
the amount as required below and can be utilized for any maintenance
or rehabilitation costs associated with the Stormwater Treatment Facility
deemed necessary by the City, including, but not limited to, removal
of siltation, mowing, replacement of vegetation, piping repairs, replacement
of underdrains, other repairs to the facility, and nay administrative
or engineering costs associated with such maintenance and repairs.
Maintenance sureties shall conform to the following:
1.
For a period of two (2) years from the date of initial certification
of the Stormwater Treatment Facility the maintenance surety shall
be in the amount of fifty percent (50%) of the construction costs
and:
a.
If the maintenance surety is in the form of a maintenance bond, it
shall remain in effect for a period of two (2) years following initial
certification of the Stormwater Treatment Facility.
b.
If the maintenance surety is in the form of a letter of credit, the
contractor or Developer shall deposit with the City’s Finance
Director an irrevocable letter of credit from an acceptable financial
institution payable to the City, collectable no later than two (2)
years from the date of initial certification of the Stormwater Treatment
Facility.
c.
If the maintenance surety is in the form of cash, or letter of credit,
all remaining money and any interest accrued thereon shall be returned
to the contractor no later than three (3) years after the date of
initial certification of the Stormwater Treatment Facility.
2.
Prior to expiration of the two-year maintenance surety the Landowner
shall submit a long-term maintenance surety in an amount determined
by the Director to be the estimated annual cost of maintenance of
the Stormwater Treatment Facility during the time period which the
designated party in the Maintenance Agreement has maintenance responsibility.
If the responsibility for maintenance is passed on to another entity
the Director shall release the portion of the financial guarantee
under this section, less any costs incurred by the Director, at such
time that the new entity responsible for maintenance has submitted
a new maintenance surety.
F.
Timing
of Stormwater Treatment Facility Construction: Stormwater Treatment
Facilities shall be constructed as early as feasible during the Development
process. However, since some commonly used Stormwater Treatment Facilities
are sensitive to construction generated silt when upstream areas are
under construction, the following provisions are allowable for timing
of such Facility construction:
1.
For a Stormwater Treatment Facility serving a single building lot, the Facility shall be constructed concurrently with the Development of the site and building, subject to exceptions set forward in Section 450.040 of this chapter.
2.
When Stormwater Treatment Facilities serve multiple Development lots
within a common plan of Development, a Stormwater Treatment Facility
can be final graded an permanent vegetation installed only after ninety
percent (90%) of the land area served by the Facility has achieved
permanent stabilization unless the Director approves a shortened schedule.
Additionally, Stormwater Treatment Facilities must be installed and
certified within six (6) months of permanent stabilization of the
entire land area served by the Facility. Land area served by the Facility
shall mean those areas served by the Facility within the common plan
of Development and shall not include offsite areas even if they are
tributary to the Facility.
3.
For Stormwater Treatment Facilities serving multiple Development
lots with a common plan of Development, no Certificate of Occupancy
shall be issued for any building or site unless a permit has been
issued authorizing construction of a required Facility to serve the
building or site.
G.
Failure
to Construct a Required Stormwater Treatment Facility: When construction
of a Stormwater Treatment Facility is delayed beyond the limits as
provided in this section, the Director may utilize any or all of the
following enforcement mechanisms:
1.
Draw upon performance surety funds as necessary to construct the Stormwater Treatment Facility. In the event that the performance surety funds are not adequate to cover all costs associated with construction of said Facility, the Director may assess the property owners for any additional costs in accordance with Section 450.110G of this chapter.
2.
Withhold issuance of building permits for properties proposed to
be served by such Stormwater Treatment Facility.
3.
Withhold issuance of Certificate of Occupancy or Certificates of
Compliance for permitted work that is proposed to be served by such
Stormwater Treatment Facility.
4.
Issue Stop Work Orders for permitted work for any or all property
that is proposed to be served by such Stormwater Treatment Facility.
A.
Inspections:
Regular inspections of the Stormwater Treatment Facility construction
shall be the responsibility of the project designer or other owner’s
representative who has been approved by the Director and inspection
results forwarded to the City. For certain types and locations of
Stormwater Treatment Facilities, the Director may at his discretion
require additional or parallel inspections by City staff. A final
inspection by the City is required before the release of any performance
sureties can occur.
B.
Post
Construction Certification: Prior to refunding of performance securities,
the project designer, or other party approved by the Director, must
certify that the Stormwater Treatment Facility is fully functional
and has been installed in accordance with the approved plans. For
Developments not requiring a performance surety, the certification
shall be made prior to issuance of a Final Certificate of Occupancy
or Certificate of Compliance.
A.
Required
Maintenance Agreement: Prior to issuance of any permit that includes
construction of a Stormwater Treatment Facility, the applicant or
Landowner of the site shall provide a Maintenance Agreement for approval
by the Director. At a minimum, the Maintenance Agreement shall:
1.
Identify the responsible party for maintaining all Stormwater Treatment
Facilities.
2.
Include an attachment showing the locations and dimensions of all
Stormwater Treatment Facilities.
3.
Provide access for the responsible party to maintain all Stormwater
Treatment Facilities, as well as right of access to the City as provided
in other sections of this chapter.
4.
Establish minimum frequency and levels of maintenance to be done.
5.
Identify and itemize anticipated annual maintenance expenditures,
periodic major maintenance items, facility replacement costs, and
expected facility lifetime, so that the responsible party may better
plan for future maintenance costs.
6.
Establish the frequency of inspections to meet or exceed the requirements
of this chapter.
7.
Identify resources available to provide maintenance.
8.
Identify prohibited practices and homes or business association enforcement
process for restoration.
9.
Identify the City’s rights in the event that the responsible
party fails or is unable to perform any of the obligations of the
Maintenance Agreement.
10.
Clarify how modifications or additions can be made to the Maintenance
Agreement.
11.
Be filed as a covenant to the recorded deeds of all lots to enforce
the imposition of any special tax assessment that may be necessary
to maintain Stormwater Treatment Facilities if the responsible party
fails or is unable to perform any of the obligations in the Maintenance
Agreement.
B.
Formation of Homes or Business Association: The Landowner or Developer may form a homes or business association prior to the sale of any lots, and the homes or business association covenants may include, or reference, the provisions of the approved Maintenance Agreement. The homes association or business association covenants shall include provisions collecting maintenance costs for Stormwater Treatment Facilities to comply with the requirements of this section and Section 450.060C.
C.
Notice
on Plat or Title: The final plat and homes or business association
deed restrictions shall contain language approved by the Director
to provide notice of facility presence and maintenance obligations.
Said deed restriction shall be recorded with the Cass County Recorder
concurrent or prior to recording of the final plat or approval of
the final plans. The notice shall run with the land and failure to
provide this notice to any purchaser prior to transferring any interest
in the property shall be in violation of this chapter. The notice
shall be in a form approved by the Director and substantially as set
forth below:
“Notice: This site includes Stormwater Treatment Facilities,
as defined and regulated in the Raymore Municipal Code. Restrictions
on the use or alteration of the said Facilities may apply. This property
is also subject to the obligations and requirements of the Stormwater
Treatment Facility Maintenance Agreement approved by the City.”
When the proposal involves a final plat, this notice shall appear
on the face of the plat, as recorded. When the proposals do not involve
a final plat, the notice shall be in the form of a notice of presence
recorded with the Cass County Recorder, and the notice shall include
the legal description of the property, the current owner, the application
date and other reference to the project, and the notarized signature
of the property owner or owners.
Maintenance Inspections and Certifications by Property Owner:
The property owners of all Stormwater Treatment Facilities, except
for distributed Facilities serving individual residential lots, must
submit a maintenance certification report to the City, at the minimum
of one (1) year following initial certification, and subsequently
every two (2) years thereafter, or as required by the Director.
The maintenance certification report shall be completed and
sealed by a registered professional engineer in the State of Missouri,
unless the Director approves other qualified professionals to perform
these duties. Such maintenance certification report shall document
each item including, but not limited to, the need for removal of silt,
litter and other debris, grass cutting, removal of undesirable vegetation,
and replacement of landscape vegetation. Any maintenance needs found
must be addressed in a timely manner, as determined by the Director,
and the inspection and maintenance requirement may be increased as
deemed necessary to ensure proper functioning of the Stormwater Treatment
Facility.
D.
City
Inspection of Stormwater Treatment Facilities: The City may establish
an inspection program, including but not limited to: routine inspections,
random inspections, inspections based upon complaints or other notice
of possible violations, inspection of drainage basins or areas identified
as higher than typical sources of sediment or other contaminants or
Pollutants, inspections of businesses or industries of a type associated
with higher than usual discharges of contaminants or Pollutants or
with discharges of a type which are more likely than the typical discharge
to cause violation of state or federal water or sediment quality standards
or the NPDES Stormwater permit, and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include,
but are not limited to, reviewing maintenance and repair records,
sampling discharges, surface water, groundwater, and material or water
in drainage control facilities, and evaluating the condition of drainage
control facilities and other Stormwater treatment practices.
E.
Right
of Entry for Inspection: When any Stormwater Treatment Facility is
installed on private property, or when any new connection is made
between private property and a public storm sewer system, the property
owner shall grant to the City in a manner and form acceptable to the
Director, the right to enter the property at reasonable times and
in a reasonable manner for the purpose of inspection. This includes
the right to enter a property when it has a reasonable basis to believe
that a violation of this chapter is occurring or has occurred, and
to enter when necessary for abatement of a public nuisance or correction
of a violation of this chapter.
F.
Records
of Installation and Maintenance Activities: Parties responsible for
the operation and maintenance of a Stormwater Treatment Facility shall
make records of the installation and all maintenance and repairs,
and shall retain the records for at least five (5) years. These records
shall be made available to the Director during inspection of the Facility
and at other reasonable times upon request.
G.
Failure
to Maintain Practices: If a responsible party fails or refuses to
meet the requirements of the Maintenance Agreement, the Director,
after reasonable notice, may correct a violation of the standards
or maintenance needs by performing all necessary work to place the
Facility in property working condition. In the event that the Stormwater
Treatment Facility becomes a danger to public safety or public health,
the Director shall notify the party responsible for maintenance of
the Stormwater Treatment Facility in writing. Upon receipt of that
notice, the responsible person shall have thirty (30) days to effect
maintenance and repair of the Facility in an approved manner. In the
event of an emergency, when the Director determines that the Facility
poses an immediate danger to life or property, no notification period
shall be required prior to beginning mitigation work. After proper
notice, the Director will enforce the maintenance provisions of this
chapter with any or all of the following enforcement measures:
1.
Notice of Violation: The Director is authorized to serve a Notice
of Violation or order on any person or entity responsible for maintaining
the Facility. Such Notice shall order abatement of the violation by
the responsible person or entity.
2.
Special Assessment on Property: The Director may assess the owner(s)
of the Facility for the cost of repair work and any penalties; and
the cost of the work shall be added as a special tax assessment on
the property, or prorated against the beneficial users of the property,
and may be placed on the tax bill and collected as ordinary taxes
by the County.
A.
Violations:
Any person or entity violating any provision of this chapter is guilty
of a misdemeanor and shall be subject to penalties as provided in
the Raymore Municipal Code. The Director shall be permitted to cite
the owner, or any/all persons identified on the permit as being legally
responsible to the City for any violations of this chapter pertaining
to that permit.
B.
Restoration
of Lands: Any violator may be required to restore land to its undisturbed
condition. In the event that restoration is not undertaken within
a reasonable time after notice, the Director may take necessary corrective
action, of which the cost to the City shall be added as a special
tax assessment on the property.
A.
Compatibility
with Other Permit and Ordinance Requirements: This chapter is not
intended to interfere with, abrogate, or annul any other chapter,
rule or regulation, statute, or other provision of law. The requirements
of this chapter should be considered minimum requirements, and where
any provision of this chapter, rule or regulation, or other provision
of law, whichever provisions are more restrictive or impose higher
protective standards for human health or the environment shall be
considered to take precedence.
B.
Severability:
If the provisions of any article, section, subsection, paragraph,
subdivision or clause of this chapter shall be judged invalid by a
court of competent jurisdiction, such order of judgment shall not
affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this chapter.
C.
Authority:
The Director shall be responsible for the administration and enforcement
of this chapter. The Director shall have the authority to adopt regulations,
policies and procedures as necessary for the enforcement of this chapter.
