HomeMy Public PortalAbout07644 O R D I N A N C E NO. 7644
AN ORDINANCE, establishing building or floodway
reservation lines along and adjacent to any watercourse or stream,
natural or artificial, or any part thereof, running in or through
or bordering on The Metropolitan St. Louis Sewer District,
controlling the use of private lands within such lines, providing
for the policing of the lands within such lines, and providing
penalties for violations.
WHEREAS, Section 3.030 of the Plan of the District
authorizes the Board of Trustees to establish building or floodway
reservation lines along streams and Section 3.040 authorizes the
authorized agents of the Board of Trustees to police the floodway
reservation lines established by the Board and
WHEREAS, in order to provide a national standard without
regional discrimination, the 100-year flood has been adopted by the
Federal Emergency Management Agency as the base flood for purposes
of flood plain management measures.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. It is the finding of the Board of
Trustees, that building or floodway reservation lines as authorized
by Section 3.030 of the Plan of the Metropolitan St. Louis Sewer
District should be established along and adjacent to certain
watercourses or streams, natural or artificial, or any part
thereof, running in or through or bordering on the District, to
protect the public health and convenience, for the adequate
drainage of said District, and for the protection of property from
the encroachment of flood waters.
Section Two. Definitions of Words and Terms. In
addition to words and terms defined elsewhere in this Ordinance,
the following words and terms as used in this Ordinance shall have
the following meanings, unless some other meaning is plainly
intended:
"Base Flood" means the flood having one per cent chance
of being equalled or exceeded in any given year.
"Building" or "Structure" means a walled and roofed
building that is principally above ground, as well as a
manufactured home, and a gas or liquid storage tank that is
principally above ground.
"Flood Insurance Study" is the official report provided
by the Federal Emergency Management Agency. The report contains
flood profiles, as well as the Flood Boundary/Floodway Map and the
water surface elevation of the Base Flood.
"Floodway" means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing
the water surface elevation more than one foot and so delineated in
the Flood Insurance Study.
"Person" means any individual, firm, proprietorship,
partnership, company, municipality, association, society,
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corporation, group, or other entity.
Section Three. Building or floodway reservation lines as
delineated in the Flood Insurance Studies published by the Federal
Emergency Management Agency as may be officially amended from time
to time are hereby established within the boundaries of the
Metropolitan St. Louis Sewer District. Because MSD serves several
political subdivisions who have adopted flood plain management
ordinances, the building or floodway reservation lines provided in
this Ordinance shall serve as a uniform minimum standard throughout
the District. If any political subdivision has more restrictive
requirements as part of their flood plain management program, the
District will honor them in accordance with the Plan of the
District. Copies of the Flood Insurance Studies for the
Metropolitan St. Louis Sewer District area are attached hereto and
made a part of this Ordinance. Copies of the current Flood
Insurance Studies shall be kept on file in the office of the
Director of Engineering of the District.
Section Four. Such building lines are the limits of
floodway reservations. No buildings or part of a building or
appurtenance thereof or any structure shall be set up or erected
within such reservations.
Section Five. Except by permission of the Board pursuant
to ordinance, no fill shall be made within such reservations which
may diminish the area of flow or otherwise obstruct in any way the
free flow of flood waters in such reservations nor without such
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permission shall any dams, walls or other watertight or practically
watertight structures be constructed or placed within such
reservations which would obstruct in any way the free flow of flood
waters.
Section Six. District maintenance and supervisory
personnel and other authorized agents of the Board shall have the
right to enter upon the lands hereby reserved and to clean, police
and otherwise maintain the channel and banks of the streams or
watercourses described herein, so that the natural and healthful
flow of the stream may be maintained at all times.
Section Seven. It shall be unlawful for any person to
deposit, dump, or otherwise dispose of, within the building lines
hereby established, any sewage, garbage, rubbish, industrial
wastes, loose material, oils or other soluble or insoluble solid or
liquid matter, which may pollute the streams or subsequently be
washed away or carried downstream or which may leave unhealthful or
unsightly traces either in the bed of the stream or on the banks
thereof. The Executive Director may by written order require any
person who shall have violated any of the provisions of this
section to remove any or all material such person may have
deposited or otherwise disposed of within such lines. In case of
the failure of the owner of any land within such lines to remove
any such material upon such order, the Executive Director shall
order such material removed at the expense of such owner and, if
the owner shall fail to pay the cost of such work, the District may
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file a lien for the amount thereof against the property with the
Recorder of Deeds of either the City of St. Louis or of St. Louis
County, as the case may be.
Section Eight. Any person violating any provision of this
Ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined not less than One Hundred Dollars
($100.00) nor more than One Thousand Dollars ($1,000.00) or be
imprisoned in the city workhouse or the county jail, as the case
may be, not less than ten (10) days nor more than One Hundred
Eighty (180) days, or by both such fine and imprisonment for each
violation. Each day in which any such violation shall continue
shall be deemed a separate offense.
Section Nine. The following Ordinances relating to
building or floodway reservation lines are hereby repealed:
Ordinance No. Date Adopted
71 May 21, 1956
115 February 11, 1957
693 January 25, 1962
929 February 21, 1963
1776 August 29, 1968
1790 September 26, 1968
2102 December 1, 1970
2199 August 11, 1971
2218 September 16, 1971
2257 December 22, 1971
6792 October 22, 1986
7393 March 9, 1988
7520 July 27, 1988
7564 September 28, 1988
The foregoing Ordinance was adopted December 28, 1988.
Book 12100, Pages 0868/0874
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