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HomeMy WebLinkAboutOrd.4805.01-19-16 BILL NO. 16-01 ORDINANCE NO. ___En AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 23 OF THE CITY CODE RELATING TO STORMWATER MANAGEMENT REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . Section 23-8 (3) of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows : The increased stormwater runoff resulting from the proposed development shall be detained on-site by appropriate detention basins or by other acceptable techniques . The minimum volume of storage shall be sufficient to store the volume from a twenty-five- year storm (under developed conditions) . Control devices shall limit the discharge from storage to a rate no greater than that prescribed by this chapter. Downstream property, watercourses, channels or conduits shall not receive stormwater runoff from proposed development at a higher peak flow rate than that which existed prior to the development . Detention/retention areas should at a minimum filter the stormwater runoff. When possible, filtration and/or infiltration practices should be incorporated into the site design . (a) Where a development site has more than one (1) watershed, the runoff water shall be controlled within each watershed. Exemption from this requirement must be approved by the city manager or his designee . With a request for this exemption, the developer will be required to present information and/or documentation establishing conclusively that no adverse impacts would occur to adjoining or downstream properties from uncontrolled runoff in a particular watershed area of the development site . is hereby repealed in its entirety, and a new Section 23- 8 (3) is hereby enacted in lieu thereof, in words and figures, to read as follows : The increased stormwater runoff resulting from the proposed development shall be detained on-site by appropriate detention basins or by other acceptable techniques . The minimum volume of storage shall be sufficient to store the volume of the difference between (15) year storm under undeveloped conditions and the twenty-five (25) year storm under developed conditions . Control devices shall limit the discharge from storage to a rate no greater than that prescribed by this chapter . Downstream property, watercourses, channels or conduits shall not receive stormwater runoff from proposed development at a higher peak flow rate than that which existed prior to the development . Detention/retention areas should at a minimum filter the stormwater runoff . When possible, filtration and/or infiltration practices should be incorporated into the site design . (a) Where a development site has more than one (1) watershed, the runoff water shall be controlled within each watershed. Exemption from this requirement must be approved by the city manager or his designee . With a request for this exemption, the developer will be required to present information and/or documentation establishing conclusively that no adverse impacts would occur to adjoining or downstream properties from uncontrolled runoff in a particular watershed area of the development site . ARTICLE 2 . Section 23-8 (9) of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows : All excavations, grading or filling shall have a finished grade not to exceed a 3 : 1 (three (3) horizontal to one (1) vertical) slope . Steeper grades may be approved the city engineer if the excavation is through rock or the excavation or fill is protected {a designed head wall or toe wall may be required) . Retaining walls that exceed a height of four (4) feet shall require the construction of safety guards identified in the building code identified in section 7-27 and subsequent amendments thereto . Permanent safety guards will be constructed in accordance with the building code identified in chapter 7 and subsequent amendments thereto. is hereby repealed in its entirety, and a new Section 23- 8 (9) is hereby enacted in lieu thereof, in words and figures, to read as follows : All excavations, grading or filling shall have a finished grade not to exceed a 3 : 1 (three (3) horizontal to one ( 1) vertical) slope . Steeper grades may be approved the city engineer if the excavation is through rock or the excavation or fill is protected {a designed head wall or toe wall may be required) . ARTICLE 3 . Section 23-8 (15) of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows : All lots shall be seeded and mulched or sodded before an occupancy permit shall be issued. is hereby repealed in its entirety, and a new Section 23- 8 (15) is hereby enacted in lieu thereof, in words and figures, to read as follows : All lots shall be seeded and mulched or sodded, with a density of at least seventy percent (70%) vegetative cover over the entire disturbed area before the certificate of occupancy shall be issued . ARTICLE 4 . Section 23-10 ( 6) (a) of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows : Storage volumes . The minimum volume of storage provided in detention basins, together with such storage as may be authorized in other on-site 3 facilities, shall be sufficient to store the volume from a twenty-five-year storm (under developed conditions) . is hereby _ repealed in its entirety, and a new Section 23- 10 ( 6) (a) is hereby enacted in lieu thereof, in words and figures, to read as follows : Storage volumes. The minimum volume of storage provided in detention basins, together with such storage as may be authorized in other on-site facilities, shall be sufficient to store the volume of the difference between the fifteen (15) year storm under undeveloped conditions and the twenty-five (25) year storm under developed conditions . ARTICLE 5 . Section 23-10 (7) (e) of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows : In no case shall the limits of maximum ponding elevation be closer than twenty-five (25) feet horizontally from any building and less than two (2) feet vertically below the lowest sill elevation . The entire reservoir area shall be seeded, fertilized and mulched, sodded or paved. is hereby_ repealed in its entirety, and a new Section 23- 10 (7) (e) is hereby enacted in lieu thereof, in words and figures, to read as follows : In no case shall the limits of maximum ponding elevation of a dry-detention facility within two (2) feet vertically below the lowest sill elevation be closer than twenty-five (25) feet horizontally from any building . The entire reservoir area shall be seeded, fertilized and mulched, sodded or paved. ARTICLE 6 . Section 23-10 (8) (f) of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows : The limits of maximum ponding elevations are to be no closer than thirty (30) feet horizontally 4 from any building and no less than two (2) feet below the lowest sill elevation of any building . is hereby repealed in its entirety, and a new Section 23- 10 (8) (f) is hereby enacted in lieu thereof, in words and figures, to read as follows : In no case shall the limits of maximum ponding elevation of a wet-detention facility within two (2) feet vertically below the lowest sill elevation be closer than thirty (30) feet horizontally from the lowest sill elevation of any building . ARTICLE 7 . A new Section 23-14 ( 1) is hereby enacted, in words and figures, to read as follows : (1) Pre-disturbance inspection. A pre- disturbance inspection shall be requested by the permittee at least 48 hours prior to commencement of site disturbance activities on projects one (1) acres or greater, to inspect erosion and sediment control and other site BMPs . ARTICLE 8 . Section 23-23 of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows : Sec . 23-23 . - Final approval required. (1) Any stormwater management facility for which a permit has been issued as a part of a subdivision improvement plan must be included with as-built drawings and certified to have been constructed accordingly. (2) Any stormwater management facility for which a permit has been issued individually or as a part of a site development plan must be certified to have been constructed in conformance with the approved drawings prior to issuance of an occupancy permit . (3) The certification in a . and b. above must be by a professional engineer licensed in Missouri or a CPESC . 5 is hereby repealed in its entirety, and a new Section 23-23 is hereby enacted in lieu thereof, in words and figures, to read as follows : Sec . 23-23 . - Final approval required. (1) Any stormwater management facility for which a permit has been issued as a part of a subdivision improvement plan must be included with as-built drawings and certified to have been constructed in conformance with the approved drawings . (2) Any stormwater management facility for which a permit has been issued individually or as a part of a site development plan must be included with as-built drawings certified to have been constructed in conformance with the approved drawings prior to issuance of a certificate of occupancy. (3) The certification in a . and b. above must be by a professional engineer licensed in Missouri or a CPESC. ARTICLE 9 . If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof . ARTICLE 10 . It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention . ARTICLE 11 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS \R AY OF 4.4) 4 2016 . 6 (41asaa Harry E. Rediger, Mayor ATTEST: /.e/. . Yl �ruce Ta or, Deputy City Clerk 1gARby4'°• L'itIVO s , ICA Veer VI s ;0 ,t...ptit.: est ,cru us . * x