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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, 3 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 4 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 5 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 6