HomeMy Public PortalAboutCity of Frontenac3/17/2021 City of Frontenac, MO Ecode360
City of Frontenac, MO
Wednesday, March 17, 2021
Chapter 506. Stormwater Regulations
ARTICLE II. Land Disturbance
Division 1. Generally
Section 506.020. Title.
[Ord. No. 2010-1621 §1, 4-20-2010]
These regulations shall be known as the "Land Disturbance Ordinance" of Frontenac, Missouri,
hereinafter referred to as "this Article".
Section 506.030. Introduction.
[Ord. No. 2010-1621 §1, 4-20-2010]
On construction or land disturbance sites, soil is highly vulnerable to erosion by wind and water.
Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic
habitat for fish and other desirable species. Deposits of eroded soil also necessitate maintenance of
sewers and ditches and the dredging of lakes. In addition, clearing and grading during construction
cause the loss of native vegetation necessary for terrestrial and aquatic habitat. Construction activities
also utilize materials and generate wastes, which if not properly controlled can pollute receiving waters.
Section 506.040. Purpose.
[Ord. No. 2010-1621 §1, 4-20-2010]
A. The purpose of this Article is to establish minimum stormwater management requirements and
controls to protect and safeguard the general health, safety, and welfare of the public residing in
watersheds within the City of Frontenac (City), which is included in the Metropolitan St. Louis
Sewer District (MSD) service area. This Article seeks to meet that purpose through the following
objectives:
1. To inhibit the deterioration of water resources resulting from development;
2. To protect the safety and welfare of citizens, property owners, and businesses by minimizing
the negative impacts of increased stormwater discharges from new land development and
redevelopment;
3. To control the rate, quality and volume of stormwater originating from land disturbance
activities so that surface water and ground water are protected and flooding and erosion
potential are not increased;
4. To control non -point source pollution and stream channel erosion;
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5. To maintain the integrity of stream channels and networks for their biological functions,
drainage, and natural recharge of ground water;
6. To protect the condition of State (and U.S.) waters for all reasonable public uses and
ecological functions;
7. To provide long-term responsibility for and maintenance of stormwater BMPs;
8. To facilitate the integration of stormwater management and pollution control with other
ordinances, programs, policies, and the Comprehensive Plan of the City; and
9. To establish legal authority to carry out all the inspection and monitoring procedures
necessary to ensure compliance with this Article.
B. This Article further seeks the following objectives specific to the municipal separate storm sewer
system (MS4):
1. To regulate the contribution of pollutants to the MS4 by stormwater discharges from land
disturbance;
2. To enable the City to comply with the National Pollution Discharge Elimination System permit
and applicable Federal and State regulations;
3. To facilitate compliance with State and Federal standards and permits by owners of
construction sites, developments, and permanent stormwater BMPs with the City;
4. To preserve the natural infiltration of ground water to maintain the quantity and quality of
ground water resources; and
5. To protect against and minimize the pollution of public drinking water supplies resulting from
development and redevelopment.
Section 506.050. Scope.
[Ord. No. 2010-1621 §1, 4-20-2010]
This Code provides for the safety, health and welfare of the public by regulating and controlling the
design, construction, use, and maintenance of any development or other activity that disturbs land
surfaces or results in the movement of earth in Frontenac, Missouri.
Section 506.060. Applicability.
[Ord. No. 2010-1621 §1, 4-20-2010]
A. This Article shall be applicable to all land disturbance activity, including, but not limited to, site plan
applications, subdivisions applications, building permit and excavation applications, unless
specifically exempted herein. These provisions apply to any new development or redevelopment
site within the City that meets one (1) or more of the following criteria:
1. Any new development or redevelopment, regardless of size, that is identified by the City to be
an area where the land use has the potential to generate contaminated runoff;
2. Additional impervious cover that exceeds ten percent (10%) of the lot area or one thousand
(1,000) square feet, whichever is less.
B. Exemptions. The following activities are exempt from this Article:
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1. Projects that are exclusively for agricultural and silvicultural uses. (Agricultural or silvicultural
roads that are used to access other land uses subject to this Article are not exempt.
Agricultural structures that are also used for other uses subject to this Article are not
exempt.);
2. Maintenance and repair to any stormwater BMP deemed necessary by the City;
3. Any emergency project that is immediately necessary for the protection of life, property, or
natural resource;
4. Linear construction projects, such as pipeline or utility line installations that do not result in the
installation of any impervious cover, as determined by the City. (Such projects must be
designed to minimize the number of stream crossings and width of disturbance, and are
subject to the supplemental stormwater regulations of this Chapter and any other applicable
municipal, State and Federal regulations); and
5. Any part of a land disturbance that was approved by the City prior to the effective date of this
Chapter.
Section 506.070. through Section 506.090. (Reserved)
Division 2. Land Disturbance Permits Required
Section 506.100. Permit Required.
[Ord. No. 2010-1621 §1, 4-20-2010]
Any person who intends to conduct any land disturbance activity must obtain a permit prior to
beginning the activity. The type of permit shall be as required by this Division 2 of this Chapter.
Exception: Activities that do not require permits under Section 506.150 of this Chapter.
Section 506.110. Major Land Disturbance Permits.
[Ord. No. 2010-1621 §1, 4-20-2010]
A. No person shall perform any major land disturbance activity prior to receipt of a major land
disturbance permit. Applications for major land disturbance permits shall be filed with the Director
of Public Works. In addition, land disturbance activity over one (1) acre must comply with the
Missouri Department of Natural Resources land disturbance permitting requirements.
Exception: Activities that do not require permits under Section 506.150 of this Chapter.
B. State Of Missouri Permits Required. The permit applicant must obtain a land disturbance permit
from the State of Missouri Department of Natural Resources for any site where one (1) acre or
more of land will be disturbed (major land disturbance), before beginning any site work authorized
by a City permit. This requirement applies to sites of less than one (1) acre that are part of a
proposed development that will ultimately disturb one (1) acre or more.
Section 506.120. Ordinary Land Disturbance Permits.
[Ord. No. 2010-1621 §1, 4-20-2010]
No person shall perform any land disturbance activity prior to receipt of a land disturbance permit.
Applications for ordinary land disturbance permits shall be filed with the City.
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Exception: Activities that do not require permits under Section 506.150 of this Chapter.
Section 506.130. Building Permit and Related Land Disturbance
Activities.
[Ord. No. 2010-1621 §1, 4-20-2010]
The City may include ordinary land disturbance activities associated with the construction of a building,
structure, or parking lot authorized by a permit issued under the Building Code, as an integrated permit
for the proposed construction.
Section 506.140. Limitation On Transfer of Land Disturbance
Permits.
[Ord. No. 2010-1621 §1, 4-20-2010]
A. Any person who buys land from a person who has been issued a land disturbance permit under
Sections 506.100 or 506.110 of this Chapter must obtain a separate land disturbance permit.
Exceptions:
1. Major land disturbance permits may be transferred to a new landowner provided the original
permit holder obtains the approval of the City to retain responsibility for the land disturbance
activities on such property.
2. Ordinary land disturbance permits may be transferred to a new land owner provided the
original permit holder obtains the approval of the City to retain responsibility for the land
disturbance activities on such property.
Section 506.150. Exceptions — Land Disturbance Permits Not
Required.
[Ord. No. 2010-1621 §1, 4-20-2010]
A. Land disturbance permits are not required for the activities identified in this Section:
1. Any emergency activity that is immediately necessary for the protection of life, property, or
natural resources.
2. Land disturbance activities by any public utility for the installation, inspection, repair or
replacement of any of its equipment or for its collection or distribution lines or piping systems;
provided adequate erosion and sediment control measures are in until grass or other
vegetation is established or other approved ground cover means are used. This exception
does not apply to any land disturbance activity associated with work that requires a building
permit.
3. Activities in this Subsection provided:
a. The activity does not alter, or cause to be altered, the present surface of the ground by
any cut and fill at the property line,
b. By any cut and fill that would permanently divert one drainage area to another,
c. By any cut and fill which would deposit mud or harmful silt, or create erosion or damage
to adjoining properties,
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d. By any cut or fill that would block or affect an existing swale or drainage path in a manner
to cause damming or ponding,
e. By any emergency activity that is immediately necessary for the protection of life,
property or natural resources.
(1) Existing farming, nursery and agricultural operations conducted as a permitted or
accessory use.
(2) Excavation or fill of less than thirty (30) cubic yards provided the land disturbance
activity is for the improvement of the property. Adequate erosion and sediment
control measures shall be provided, when necessary, until grass or other vegetation
is established or other approved means of ground cover means are used.
(3)
Land disturbance activities associated with additions to and accessory structures for
one- and two-family dwellings when said additions or structures are less than one
thousand (1,000) square feet in area and does not increase the impervious area by
ten percent (10%).
(4) Land disturbance activities less than one thousand (1,000) square feet in area.
(5)
Removal of existing or dying grass or similar vegetation by disturbing not more than
ten thousand (10,000) square feet and re -sodding or re -seeding with new
landscaping to include preparation of the seedbed; provided erosion and sediment
control measures are in place until the grass or other vegetation is established and
there is no change in grade that would increase runoff. Any cut or fill in conjunction
with the preparation of the seedbed shall not exceed thirty (30) cubic yards.
(6) Gardening and similar activities on property occupied by one- or two-family
dwellings, however the grade shall not be changed such that water runoff will be
increased.
Division 3. Land Disturbance Permit Applications
Section 506.160. Permit Applications.
[Ord. No. 2010-1621 §1, 4-20-2010]
Applications for land disturbance permits required by this Article shall be in the form prescribed by and
accompanied by the site plans and documents determined necessary by the City.
Section 506.170. Stormwater Pollution Prevention Plan Required
(SWPPP) For Major Land Disturbance Permits.
[Ord. No. 2010-1621 §1, 4-20-2010]
All applications for major land disturbance permits shall be accompanied by a stormwater pollution
prevention plan prepared for the specific site by or under the direction of a qualified professional. The
application shall contain a statement that any land clearing, construction, or development involving the
movement of earth shall be in accordance with the stormwater pollution prevention plan, and the
applicant will assume and acknowledge responsibility for compliance with this Code and the
stormwater pollution prevention plan at the site of the permitted activity.
Section 506.180. Stormwater Pollution Prevention Plan (SWPPP)
For Major Land Disturbance.
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[Ord. No. 2010-1621 §1, 4-20-2010]
A. Content — Stormwater Pollution Prevention Plan (SWPPP). The design requirements of this
Article shall be complied with when developing the stormwater pollution prevention plan and the
plan shall include the following:
1. Name, address and telephone number of the site owner and the name, address and
telephone number of the individual who will be in overall responsible charge of
construction/development activities at the site.
2. Site address or location description and parcel identification number(s).
3. A site map showing the outlines of the total project area, the areas to be disturbed, existing
land uses, locations and names of surface water bodies, locations of flood plains, locations of
temporary and permanent Best Management Practices (BMP) and such other information as
may be required by the City.
4. Existing contours of the site and adjoining strips of off -site property and proposed contours
after completion of the proposed land disturbance and development, based on United States
Geological Survey datum, with established elevations at buildings, walks, drives, street and
roads; and information on necessary clearing and grubbing, removal of existing structures,
excavating, filling, spreading and compacting.
5. A natural resources map identifying soils, forest cover, and resources protected under other
provisions of City ordinances.
6. An estimate of the runoff coefficient of the site prior to disturbance and the runoff coefficient
after the construction addressed in the permit application is completed.
7. Estimated quantity of land to be disturbed.
8. Details of the site drainage pattern both before and after major land disturbance activities.
9. Access to construction site.
10. Description of Best Management Practices (BMP) to be utilized to control erosion and
sedimentation during the period of land disturbance.
11. Description of Best Management Practices (BMP) to be utilized to prevent other potential
pollutants such as construction wastes, toxic or hazardous substances, petroleum products,
pesticides, herbicides, site litter, sanitary wastes and other pollutants from entering the natural
drainage ways during the period of construction and land disturbance.
12. Description of Best Management Practices (BMP) that will be installed during land
disturbance to control pollutants in stormwater discharges that will occur after land
disturbance activity has been completed.
13. Location of temporary off-street parking, and wash -down area for related vehicles.
14. Sources of off -site borrow material or spoil sites, and all information relative to haul routes,
trucks and equipment.
15. The anticipated sequence of construction and land disturbance activities, including installation
of Best Management Practices (BMP), removal of temporary Best Management Practices
(BMP), stripping and clearing; rough grading; construction utilities, infrastructure and
buildings; and final grading and landscaping. Sequencing shall identify the expected date(s)
on which clearing will begin, the estimated duration of exposure of cleared areas, areas of
installation of temporary erosion and sediment control measures, and establishment of
permanent vegetation.
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16. All erosion and sediment control measures necessary to meet the objectives of this Article
throughout all phases of construction and after completion of site development. Depending
upon the complexity of the project, the drafting of intermediate plans may be required at the
close of each season.
17. Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding
dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for
both temporary and permanent vegetative control measures.
18. Provisions for maintenance of control facilities, including easements and estimates of the cost
of maintenance.
19. Plans for responding to any loss of contained sediment to include the immediate actions the
permit holder will take in case of a containment failure. This plan must include documentation
of actions and mandatory reporting to the City.
20. Schedules and procedures for routine inspections of any structures provided to prevent
pollution of stormwater or to remove pollutants from stormwater and of the site in general to
ensure all Best Management Practices (BMP) are continually implemented and are effective.
B. Required Plan Amendments — Stormwater Pollution Prevention Plan (SWPPP). The permit
holder shall amend the stormwater pollution prevention plan whenever:
1. Design, operation or maintenance of Best Management Practices (BMP) is changed;
2. Design of the construction project is changed that could significantly affect the quality of the
stormwater discharges;
3. Site operator's inspections indicate deficiencies in the stormwater pollution prevention plan
(SWPPP) or any Best Management Practices (BMP);
4. Inspections by City or by the Missouri Department of Natural resources indicate deficiencies
in the stormwater pollution prevention plan (SWPPP) or any Best Management Practices
(BMP);
5. The stormwater pollution prevention plan (SWPPP) is determined to be ineffective in
significantly minimizing or controlling erosion or excessive sediment deposits in streams or
lakes;
6. The stormwater pollution prevention plan (SWPPP) is determined to be ineffective in
preventing pollution of waterways from construction wastes, chemicals, fueling facilities,
concrete truck washouts, toxic or hazardous materials, site litter or other substances or
wastes likely to have an adverse impact on water quality;
7. Total settleable solids from a stormwater outfall exceeds 0.5 ml/L/hr if the discharge is within
the prescribed proximity of a "valuable resource water" as defined by the Missouri
Department of Natural Resources;
8. Total settleable solids from a stormwater outfall exceeds 2.5 ml/L/hr for any other outfall; or
9. The City or the Missouri Department of Natural Resources determines violations of water
quality standards may occur or have occurred.
C. Permit Holder Responsibilities For Administration For Stormwater Pollution Prevention Plan
(SWPPP). The permit holder shall:
1. Notify all contractors and other entities (including utility crews or their agents) that will perform
work at the site of the existence of the stormwater pollution prevention plan (SWPPP) and
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what actions or precautions shall be taken while on site to minimize the potential for erosion
and the potential for damaging any Best Management Practices (BMP);
2. Determine the need for and establish training programs to ensure that all site workers have
been trained, at a minimum, in erosion control, material handling and storage, and
housekeeping;
3. Provide copies of the stormwater pollution prevention plan (SWPPP) to all parties who are
responsible for installation, operation or maintenance of any Best Management Practices
(BMP); and
4. Maintain a current copy of the stormwater pollution prevention plan (SWPPP) on the site at all
times.
Division 4. Stormwater Authority
Section 506.190. Designation of The Stormwater Authority
Power and Duties.
[Ord. No. 2010-1621 §1, 4-20-2010]
A. The City shall administer and enforce this Chapter, and may furnish additional policy, criteria and
information, including specifications and standards, for the proper implementation of the
requirements of this Chapter and may provide such information in the form of a Stormwater
Design Manual.
B. The Stormwater Design Manual may be updated and expanded from time to time, at the City's
discretion, based on improvements in engineering, science, monitoring, and local maintenance
experience.
C. Representatives of the City shall have the right to enter upon any land for the purposes of making
an inspection or acquiring information to determine whether or not the property conforms to the
requirements of this Chapter.
Division 5. Permit Procedures and Requirements
Section 506.200. Stormwater Management Concept Plan and
Consultation Meeting.
[Ord. No. 2010-1621 §1, 4-20-2010]
A. Each owner subject to this Chapter shall submit to the City for review and approval a stormwater
management concept plan as provided herein:
1. Stormwater management concept plan. All preliminary plans of subdivision and site plans
shall provide a stormwater management concept plan describing, in general, how stormwater
runoff through and from the development will be treated and conveyed. All other land
disturbance projects subject to this Chapter shall submit a stormwater management concept
plan prior to preparation of the stormwater management design plan.
Exception: The City may waive the requirement of a concept plan if it is determined by the
City that the disturbance activity is minor in nature and a preliminary review is not necessary.
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2. Application requirements. The stormwater management concept plan submittal shall contain a
completed application form provided by the City, and a stormwater management concept plan
that satisfies the requirements of this Section, the Stormwater Design Manual, and other
requirements of Chapter 506 as applicable.
3. Concept plan prior to design plan. The stormwater management concept plan must be
approved prior to submission of a stormwater management design plan (as part of the
construction or final site plan) for the entire development, or portions thereof.
4. Meetings with the City. All applicants are encouraged to hold a pre -submittal consultation
meeting with the City to discuss potential approaches for stormwater design and opportunities
to use design techniques to reduce runoff rates, volumes, and pollutant loads. In addition, the
applicant or his representative shall meet on site with a designee of the City prior to approval
of the stormwater management concept plan for the purposes of verifying the conditions of
the site and all receiving channels.
B. Maximize Use Of Techniques To Reduce Runoff By Design. The stormwater management concept
plan shall utilize, to the maximum extent practicable, site planning and design techniques that
reduce runoff rates, volumes, and pollutant loads. Such techniques include, but are not limited to:
minimization and/or disconnection of impervious surfaces; development design that reduces the
rate and volume of runoff; restoration or enhancement of natural areas such as riparian areas,
wetlands, and forest; and distributed practices that intercept and treat runoff from developed
areas.
Section 506.210. Stormwater Management Design Plan.
[Ord. No. 2010-1621 §1, 4-20-2010]
A. Each owner subject to this Chapter shall submit to the City for review and approval a stormwater
management design plan as provided herein:
1. Stormwater management design plan. A stormwater management design plan containing all
appropriate information as specified in this Chapter shall be submitted to the City in
conjunction with the final subdivision plat, final site plan, construction plan, or any other land
development plan subject to this Chapter.
2. Application requirements. The stormwater management design plan submittal shall contain a
completed application form provided by the City, the fee that is required by Section 500.031, a
stormwater management design plan that satisfies the requirements of this Section and the
Stormwater Design Manual, a stormwater maintenance plan, and a certification stating
compliance with all requirements of the approved plan. Failure of the owner to demonstrate
that the project meets these requirements, as determined by the City, shall be reason to deny
approval of the plan.
3. Consistency between concept and design plans. A copy of the approved stormwater
management concept plan shall be submitted with the stormwater management design plan.
The City shall check the design plan for consistency with the concept plan and may require a
revised stormwater management concept plan if changes in the site development proposal
have been made.
4. Stormwater management design plan content. The stormwater management design plan shall
contain maps, charts, graphs, tables, photographs, narrative descriptions, explanations,
citations to supporting references, a record of all major permit decisions, and other
information as may be necessary for a complete review of the plan, and as specified in the
latest version of the Stormwater Design Manual.
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Section 506.220. Stormwater Management Design Plan Review
Procedures.
[Ord. No. 2010-1621 §1, 4-20-2010]
A. Preliminary Review For Completeness Of Plan. The City shall have a maximum of ten (10)
calendar days from the receipt of an application for preliminary review to determine if the
application is complete. During this period, the application will be accepted for review, which will
begin the thirty (30) day review period, or rejected for incompleteness. If the City determines that
the application is not complete, the City shall give written notice to the applicant of that
determination and the additional required information necessary to complete the application.
Failure of the City to give written notice to the applicant of its determination that the application is
incomplete within fifteen (15) days after receipt of an application shall be deemed to constitute
plan acceptance for review and the thirty (30) day review period provided for in Subsection (B)
below shall begin on the tenth (10th) day after receipt of the application by the City.
B. Upon receipt of a complete application, the City shall have thirty (30) days to review the proposed
stormwater management plan. Except as provided above, the thirty (30) day review period begins
on the day the complete stormwater management design plan is accepted for review by the City.
During the thirty (30) day review period; the City shall either approve or disapprove the plan and
communicate the decision to the applicant in writing. Approval or denial shall be based on the
plan's compliance with the Frontenac stormwater regulations and the Stormwater Design Manual,
as the same may be amended from time to time.
C. Modifications Needed For Approval. In cases where modifications are required to approve the
plan, the City shall have an additional thirty (30) days to review the revised plan from the initial and
any subsequent resubmission dates. If the plan is approved, one (1) copy bearing certification of
such approval shall be returned to the applicant. If the plan is disapproved, the applicant shall be
notified in writing of the reasons for disapproval and any modifications necessary for approval.
D. Appeals. The applicant, or any aggrieved party, may appeal the City's decision of approval or
disapproval of a stormwater management design plan. The appeal shall be made to the Frontenac
Board of Adjustment, in writing, and must be submitted within thirty (30) days after the City
renders its decision to approve or disapprove the plan.
E. Substantive Changes To Plan. No substantive changes shall be made to an approved plan without
review and written approval by the City. The City may request additional data with a plan
amendment as may be necessary for a complete review of the plan and to ensure that changes to
the plan will comply with the requirements of this Chapter.
F. Expiration Of Plan Approval. The stormwater management design plan's approval expires in one
(1) year from the date of approval unless a final plat is recorded or unless work has actually begun
on the site. The recordation of a final plat for a section of a subdivision (or initiation of construction
in a section) does not vest the approval of the stormwater management design plan for the
remainder of the subdivision. If the stormwater management design plan expires, the applicant
shall file with the City for re -approval of the stormwater management design plan.
Section 506.230. Plan Preparation and Certification.
[Ord. No. 2010-1621 §1, 4-20-2010]
A. Certification By Plan Preparer. The stormwater management design plan shall be prepared by a
Missouri licensed professional engineer and must be signed and sealed by the professional
preparing the plan, who shall certify that the design of all stormwater BMPs meets the
requirements in this Chapter.
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Exception: The City may waive the need for a design professional if the work is minor in nature
and if the City determines that the work will not affect the stormwater drainage system.
B. Certification By Owner. The owner shall certify that all land clearing, construction, land
development and drainage will be done according to the approved plan.
Section 506.240. Coordination With Other Approvals and
Permits.
[Ord. No. 2010-1621 §1, 4-20-2010]
A. Approval Of Other Permits. No grading or building permit shall be issued for land disturbance
without approval of a stormwater management design plan as required by this Chapter.
B. Coordination With Other Plans. Approval of the stormwater management design plan shall be
coordinated with a City approved erosion and sediment control and/or construction stormwater
plan with regard to the location, schedule, and/or phasing of temporary and permanent stormwater
management measures. If natural drainage features or other natural areas are to be preserved,
then these areas must be shown and measures provided for their protection on both the erosion
and sediment control plan and the stormwater management design plan. If other elements of the
stormwater management design plan utilize soils, vegetation, or other natural features for
infiltration or treatment, then these areas must be shown on the erosion and sediment control plan
and measures shall be provided for their protection during construction.
C. Other Permits Or Approvals. Approvals issued in accordance with this Chapter do not relieve the
applicant of responsibility for obtaining all other necessary permits and/or approvals from other
Federal, State, and/or local agencies. If requirements vary, the most restrictive shall prevail. These
permits may include, but are not limited to, construction stormwater discharge permits, applicable
State and Federal permits for stream and wetland impacts, and applicable dam safety permits.
Applicants are required to show proof of compliance with these regulations before the City will
issue a grading, building, or zoning permit.
D. Stormwater Measures Within Floodplain. Construction of stormwater measures or facilities within
a Federal Emergency Management Agency (FEMA) designated floodplain shall be avoided to the
extent possible. When this is unavoidable, all stormwater BMP construction shall be in compliance
with all applicable requirements of the Flood Insurance Rate Maps (FIRM) dated August 2, 1995
or August 23, 2000, as amended, and any future revisions thereto.
Section 506.250. Maintenance Agreement and Plan (If
Required).
[Ord. No. 2010-1621 §1, 4-20-2010]
A. Prior to approval by the City of a stormwater management design plan, each owner shall submit a
maintenance agreement and maintenance plan in accordance with the following:
1. Responsible party. The owner shall be responsible for the operation and maintenance of such
measures and shall pass such responsibility to any successor owner, unless such
responsibility is transferred to the City or to another governmental entity in accordance with
Division 5.
2. Requirement for maintenance agreement and plan. If a stormwater management design plan
requires structural or non-structural measures, the owner shall execute a stormwater
maintenance agreement prior to the City granting final approval of the plan, or any plan of
development or other development for which a permit is required under this Chapter. The
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agreement shall be recorded in the office of the St. Louis County Recorder of Deeds and shall
run with the land. A copy of the recorded agreement shall be submitted to the Frontenac
Building Commissioner/Zoning Administrator.
3. Required elements for maintenance agreement and plan. The stormwater maintenance
agreement and plan shall be in a form approved by the City, and shall, at a minimum:
a. Designate for the land development, the owner, governmental agency, or other legally
established entity (responsible party) which shall be permanently responsible for
maintenance of the structural or non-structural measures required by the plan;
b. Pass the responsibility for such maintenance to successors in title;
c. Grant the City the right of entry for the purposes of inspecting all stormwater BMPs at
reasonable times and in a reasonable manner, which includes the right to enter a
property when the City 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;
d. Ensure the continued performance of the maintenance obligations required by the plan
and this Chapter through a maintenance plan (which may be an attachment to the actual
maintenance agreement), and shall include a list of inspection and maintenance tasks, a
schedule for routine inspection and maintenance, actions to be taken when maintenance
is required, and other items listed in the Stormwater Design Manual.
Section 506.260. Escrow.
[Ord. No. 2010-1621 §1, 4-20-2010]
A. Performance Guarantee Required. No permits shall be issued unless the applicant furnishes a
cash escrow or a letter of credit as approved by the Frontenac City Attorney. The amount of the
escrow or letter of credit shall be determined by the City based on the cost of the work and scope
of work. This is to ensure that action can be taken by the City, at the applicant's expense, should
the applicant fail to initiate or maintain those measures identified in the approved stormwater
management design plan (after being given proper notice and within the time specified by the City.
If the City takes such action upon such failure by the applicant, the City shall collect from the
applicant the difference should the amount of reasonable cost of such action exceed the amount
of the security held.
B. Term Of Performance Guarantee. The performance escrow or letter of credit furnished pursuant to
this Section, or the unexpended or unobligated portion thereof, shall be returned to the applicant
within sixty (60) days of issuance by the City of a stormwater certificate of completion in
accordance with Section 506.390, or the final acceptance of the permanent stormwater BMP by
the City.
C. Term Extended For Initial Maintenance. At the discretion of the City, the performance escrow or
letter of credit may be extended beyond the time period specified above to cover a reasonable
period of time for testing the practices during storm events and for initial maintenance activities.
For the purposes of this Section, the time shall not exceed two (2) years.
D. Partial Release Of Escrow. The City shall have the discretion to adopt provisions for a partial pro
rata release of the performance escrow or letter of credit on the completion of various stages or
phases of development.
Section 506.270. As -Built Plans.
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[Ord. No. 2010-1621 §1, 4-20-2010]
All applicants are required to submit as -built plans for any permanent stormwater management
facilities located on site after final construction is completed. The plan must show the final design
specifications for all stormwater management facilities, meet the criteria for as -built plans in the
Stormwater Design Manual, and be sealed by a registered professional engineer. A final inspection by
the City is required before any performance escrow or letter of credit will be released.
Section 506.280. Fees.
[Ord. No. 2010-1621 §1, 4-20-2010]
The City has the ability to require a fee to support local plan review, inspection and program
administration. Each owner seeking approval of a stormwater management concept plan or stormwater
management design plan shall pay a fee for the City consulting engineer review and expenses and
additional expenses for staff time for site visits and meetings, and shall pay a fee for each inspection in
amounts according to the fee schedule contained in Division 3.
Section 506.290. Dedication of Stormwater Bmps.
[Ord. No. 2010-1621 §1, 4-20-2010]
A. The owner of a stormwater practice required by this Chapter may offer for dedication any such
stormwater practice, together with such easements and appurtenances as may be reasonably
necessary, as provided herein:
1. Preliminary determination by the City. Upon receipt of such offer of dedication by City, the City
shall make a preliminary determination that the dedication of the practice is appropriate to
protect the public health, safety and general welfare, and furthers the goals of the City's
stormwater management program and/or associated watershed plans. The City shall forward
its determination to MSD, if appropriate. Prior to making its determination, the City shall
inspect the practice to determine whether it has been properly maintained and is in good
repair.
2. Acceptance by City. The City may accept the offer of dedication by adoption of a resolution.
The document dedicating the stormwater BMP shall be recorded in the office of the Clerk of
the Circuit Court for the City.
3. Owner to provide documentation. The owner, at his sole expense, shall provide any document
or information requested by the City in order for a decision to be reached on accepting the
practice.
4. Section 506.300, Post -Construction Performance Criteria for Stormwater Management.
Section 506.300. General Post -Construction Stormwater
Management Criteria.
[Ord. No. 2010-1621 §1, 4-20-2010]
A. Stormwater BMP Maintenance. All stormwater BMPs shall be maintained in accordance with the
approved and deeded stormwater maintenance agreement and stormwater maintenance plan.
The design of stormwater facilities shall incorporate maintenance accommodation and long-term
maintenance reduction features in accordance with the latest version of the Stormwater Design
Manual.
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B. Velocity Dissipation. Velocity dissipation devices shall be placed at discharge locations and along
the length of any outfall to provide non -erosive flow velocity from the structure to an adequate
receiving stream or channel so that the natural physical and biological characteristics and
functions of the receiving stream are maintained and protected.
C. Discharges To Adjacent Property. Concentrated discharges from land disturbance, including from
stormwater practices, shall not be discharged closer than ten (10) feet to adjacent developed
property without adequate conveyance in a natural stream or storm sewer system. The City may
require drainage easements where stormwater discharges must cross an adjacent or off -site
property before reaching an adequate conveyance.
D. Individual Lots Not Separate Land Development. Residential, commercial or industrial
developments shall apply these stormwater management criteria to land development as a whole.
Individual residential lots in new subdivisions shall not be considered separate land development
projects, but rather the entire subdivision shall be considered a single land development project.
E. Location Of Stormwater Facilities On Lots. Stormwater facilities within residential subdivisions that
serve multiple lots and/or a combination of lots and roadways shall be on a lot owned and
maintained by an entity of common ownership, unless an alternative arrangement is approved by
the City. Stormwater practices located on individual lots shall be maintained by the lot owner or, at
the discretion of the City, be placed within an easement and maintained by an entity of common
ownership.
F. Hydrologic Computation Assumptions. Hydrologic parameters shall reflect the ultimate land
development and shall be used in all engineering calculations. All pre -development calculations
shall consider woods and fields to be in good condition, regardless of actual conditions at the time
of application.
G. Authorization To Discharge To MS4. If runoff from a land development will flow to a municipal
separate storm sewer system (MS4) or other publicly -owned storm sewer system, then the
applicant shall obtain authorization from the system's owner to discharge into the system. MSD
may require the applicant to demonstrate that the system has adequate capacity for any increases
in peak flow rates and volumes.
H. Compliance With Federal And State Regulations. All stormwater facilities and conveyance
systems shall be designed in compliance with all applicable State and Federal laws and
regulations, including the Federal Clean Water Act and all applicable erosion and sediment control
and flood plain regulations. To the extent practical, stormwater facilities shall not be located in
areas determined to be jurisdictional waters through Section 404 of the Federal Clean Water Act
and/or applicable State regulations.
I. Protect Public Health, Safety And General Welfare. The design of stormwater BMPs shall consider
public health, safety, and general welfare. These considerations include, but are not limited to:
preventing flooding of structures and travelways; preventing standing water in facilities, manholes,
inlets, and other structures in a manner that promotes breeding of mosquitoes; preventing
attractive nuisance conditions and dangerous conditions due to velocity or depth of water and/or
access to orifices and drops; and preventing aesthetic nuisances due to excessive slopes, cuts
and fills, and other conditions.
J. Adherence To Stormwater Design Manual. All stormwater BMPs shall be designed to the
standards of the most current version of the Stormwater Design Manual, unless the City grants the
applicant a waiver or the applicant is exempt from such requirements.
K. Treat Entire Land Disturbance. The stormwater design shall provide for treatment of runoff from
the entire land disturbance, to the extent practical.
L. Landscape Plan. The design of stormwater BMPs shall include a landscape plan detailing both the
vegetation to be in the practice and how and who will manage and maintain the vegetation. The
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landscape plan shall be prepared in accordance with the Stormwater Design Manual.
M. Pretreatment. Each stormwater BMP shall have an acceptable form of water quality pretreatment
in accordance with the pretreatment requirements found in the current Stormwater Design Manual.
N. Stormwater Authority Discretion. If hydrologic, geologic, topographic, or land use conditions
warrant greater control than that provided by the minimum control requirements, the City may
impose additional requirements deemed reasonable and necessary to control the volume, timing,
rate and/or quality of runoff. The City may restrict the use of certain stormwater BMPs, require
pretreatment above the minimum standards in the Stormwater Design Manual, and/or require a
stormwater pollution prevention plan in certain circumstances. These include, but are not limited
to, stormwater generated from stormwater hotspots, stormwater discharges that are conveyed
with non-stormwater discharges, and stormwater discharged in important ground water
management areas or areas where geologic conditions are conducive to ground water
contamination (e.g., karst).
O. Replicating Pre -Development Hydrology. Stormwater management designs shall preserve the
natural hydrologic functions, stream channel characteristics, and ground water recharge of the
pre -developed site, to the extent practical. This shall be accomplished by treating runoff at the
source, disconnecting impervious surfaces, preserving or enhancing natural flow paths and
vegetative cover, preserving or enhancing natural open spaces and riparian areas, and other
measures that replicate pre -development hydrologic conditions. The City shall exercise discretion
in the application of this standard, especially in cases of infill development, redevelopment, or
other unique circumstances.
P. Treatment Of Off -Site Stormwater. Off -site stormwater conveyed through a land development shall
be conveyed in a manner that does not increase upstream or downstream flooding. Off -site
stormwater shall be conveyed around on -site stormwater BMPs, unless the facilities are designed
to manage the off -site stormwater. The City may allow credits for treating off -site stormwater.
Q. Stream And Wetland Crossings. All stream and wetland crossings subject to State stream and
wetland regulations shall minimize impacts on streams and wetlands, to the extent practical and
achievable, by crossing streams and wetlands at a right angle, reducing the footprint of grading
and fill, and utilizing bridges, open bottom arches, spans, or other structures that do not restrict or
alter stream or wetland hydrology. If culverts are placed within stream and wetlands, at least one
(1) culvert shall be countersunk or otherwise placed to allow the formation of a natural channel or
wetland bottom to allow movement of aquatic organisms.
Section 506.310. Water Quality Criteria.
[Ord. No. 2010-1621 §1, 4-20-2010; Ord. No. 2011-1648 §1, 4-19-2011]
A. Structural and non-structural stormwater BMPs shall be used to prevent or minimize water quality
impacts from land development. The applicant shall be subject to the requirements of (1), (2) and
(3) below if the project's land disturbance is less than one (1) acre; otherwise, the applicant shall
follow St. Louis Metropolitan Sewer District (MSD) requirements in Chapter 4 of "Rules and
Regulations and Engineering Design Requirements for Sanitary Sewer and Stormwater Drainage
Facilities" February 2006, or latest revision.
1. Water quality volume standard. Structural practices shall be designed to capture and treat, at
a minimum, the water quality volume (WQ„) in cubic feet. The WQ,, shall be computed as
follows:
WQ„ = [P x DI]/12, where:
P = 1 -year 24 -hour rainfall depth of 2.5 inches
DI = is the increase in impervious cover (square feet)
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Land disturbance that qualifies as redevelopment, and exceeds two thousand (2,000)
square feet of increased impervious area, except for swimming pools, and other
miscellaneous accessory structures as approved by the Building Commissioner and
Zoning Administrator, shall also meet one (1) of the following criteria:
a. Reduce existing site impervious cover by at least twenty percent (20%);
b. Provide treatment for at least twenty percent (20%) of the site's pre -development
impervious cover through stormwater BMPs designed in accordance with the criteria in
the Frontenac Stormwater Regulations and the Stormwater Design Manual;
c. Contribute to a watershed project that is acceptable to the City; or
d. Any combination of impervious cover reduction, stormwater treatment, and contribution to
a watershed project acceptable to the City.
2. Technology standard. Structural and non-structural practices shall be selected from the
Stormwater Technology Table in the Stormwater Manual and sized and designed according to
the standards in the manual.
3. Additional criteria for stormwater hotspots. In addition, stormwater discharges from
stormwater hotspots may require the use of specific structural, non-structural, and/or pollution
prevention practices, including enhanced pre-treatment. Discharges from a stormwater
hotspot shall not be infiltrated without enhanced pre-treatment, as approved by the City.
Section 506.320. Stream Channel Protection Criteria.
[Ord. No. 2010-1621 §1, 4-20-2010]
A. Protection of stream channels from bank and bed erosion and degradation shall be provided by
using all of the approaches in (1), (2) and (3), listed below:
1. Treatment of stream buffers. Stream buffers (protected through other regulations and permits,
and Chapter 506) shall be preserved, restored, and/or reforested.
2. Erosion prevention. Erosion prevention measures such as energy dissipation and velocity
control shall be used at all outfalls.
3. Extended detention. The design shall provide twenty-four (24) hour extended detention
storage of the one (1) year, twenty-four (24) hour return frequency storm event.
Section 506.330. Sensitive Waters and Wetlands — Enhanced
Criteria.
[Ord. No. 2010-1621 §1, 4-20-2010]
A. Land disturbance that discharges to sensitive waters and wetlands, as designated in the
Stormwater Design Manual, shall meet enhanced criteria. These may include, but are not limited
to:
1. Control of temperature increases for discharges to designated cold water fisheries;
2. Enhanced control of nutrients and sediment for discharges to drinking water reservoirs, lakes
and/or wetlands;
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3. The control of impacts to wetland hydrology, including limiting fluctuations to the natural or
pre -development wetland hydrology; and
4. Enhanced bacteriological or pollutant controls for discharges to impaired waters, as
designated in the most recent 303(d) list produced by EPA or the appropriate State agency.
In these cases, the City may require additional storage, treatment, filtering, infiltration, or other
techniques. The use of non-structural practices shall be used to the maximum extent practical
to meet enhanced criteria.
In making its determination to apply enhanced criteria, the City shall consider cumulative
impacts and also the land development's adherence to the land use plans and policies of the
City, including the promotion of infill and redevelopment in particular areas.
Section 506.340. (Reserved)
[1] Editor's Note — Ord. no. 2011-1648 §1, adopted April 19, 2011, repealed section 506.340
"redevelopment criteria" in its entirety. Former section 506.340 derived from ord. no. 2010-1621 §1, 4-
20-2010.
Section 506.350. Waivers.
[Ord. No. 2010-1621 §1, 4-20-2010]
Every applicant shall provide for stormwater management as required by this Chapter, unless a written
request for a waiver is filed. Prior to applying for a waiver request, the applicant must demonstrate that
all reasonable options to comply with the Chapter have been exhausted. The request for a waiver must
be in writing. The City shall respond in writing by granting or denying the waiver in full, or granting the
waiver with any necessary conditions or mitigation measures to protect public health, safety, and the
environment. The applicant shall note any full or partial waivers, and conditions imposed by the City,
on the stormwater management design plan. Any expenses incurred by the City for review of the
waiver application must be paid by the applicant.
Division 6. Construction Inspection For Permanent
Stormwater Bmps
Section 506.360. Notice of Construction Commencement.
[Ord. No. 2010-1621 §1, 4-20-2010]
The applicant must notify the City before the commencement of construction. In addition, the applicant
must notify the City in advance of construction of critical components of the stormwater practices on
the approved stormwater management design plan, as determined by the City. The City may, at its
discretion, issue verbal or written authorization to proceed with critical construction steps, such as
installation of permanent stormwater practices based on stabilization of the drainage area and other
factors.
Section 506.370. Construction Inspections By The City or Its
Representatives.
[Ord. No. 2010-1621 §1, 4-20-2010]
The City or its representatives shall conduct periodic inspections of the stormwater practices shown on
the approved stormwater management design plan, and especially during critical installation and
stabilization steps. All inspections shall be documented in writing. The inspection shall document any
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variations or discrepancies from the approved plan, and the resolution of such issues. Additional
information regarding inspections can be found in the Stormwater Design Manual. A final inspection by
the stormwater authority is required before any performance bond or guarantee, or portion thereof,
shall be released.
Section 506.380. Inadequacy of Systems.
[Ord. No. 2010-1621 §1, 4-20-2010]
If a stormwater BMP is found to be inadequate by virtue of physical evidence of operational failure,
even though it was built as called for in the approved stormwater management design plan, it shall be
corrected by the applicant before the certificate of completion is issued. If the applicant fails to act, the
City may use the performance bond or guarantee to complete the work.
Section 506.390. Stormwater Certificate of Completion.
[Ord. No. 2010-1621 §1, 4-20-2010]
Subsequent to final installation and stabilization of all stormwater BMPs shown on the stormwater
management design plan, submission of all necessary as -built plans, and final inspection and approval
by the City, the City shall issue a stormwater certificate of completion for the project. In issuing such a
certificate, the City shall determine that all work has been satisfactorily completed in conformance with
this Chapter.
Division 7. Ongoing Maintenance For Stormwater Bmps
Section 506.400. Maintenance Responsibility.
[Ord. No. 2010-1621 §1, 4-20-2010]
The responsible party named in the recorded stormwater maintenance agreement (Section 506.250)
shall maintain in good condition and promptly repair and restore all structural and non-structural
stormwater BMPs and all necessary access routes and appurtenances (grade surfaces, walls, drains,
dams and structures, vegetation, erosion and sedimentation controls, and other protective devices).
Such repairs or restoration and maintenance shall be in accordance with the approved stormwater
management design plan, the stormwater maintenance agreement, and the stormwater maintenance
plan.
Section 506.410. Maintenance Inspection By The City or Its
Representatives.
[Ord. No. 2010-1621 §1, 4-20-2010]
The City or its representatives shall conduct periodic inspections for all stormwater practices for which
a stormwater certificate of completion has been issued in accordance with Section 506.390. All
inspections shall be documented in writing. The inspection shall document any maintenance and repair
needs and any discrepancies from the stormwater maintenance agreement and stormwater
maintenance plans.
Section 506.420. Records of Maintenance Activities.
[Ord. No. 2010-1621 §1, 4-20-2010]
The responsible party shall make records of the installation and of all maintenance and repairs, and
shall retain the records for at least five (5) years. These records shall be made available to the City
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during inspection of the practice and at other reasonable times upon request.
Section 506.430. Failure To Provide Adequate Maintenance.
[Ord. No. 2010-1621 §1, 4-20-2010]
A. In the event that the stormwater BMP has not been maintained and/or becomes a danger to public
safety or public health, the City shall notify the responsible party by registered or certified mail.
The notice shall specify the measures needed to comply with the maintenance agreement and the
maintenance plan and shall specify that the responsible party has thirty (30) days or other time
frame mutually agreed to between the City and the responsible party, within which such measures
shall be completed. If such measures are not completed, then the City shall pursue enforcement
procedures pursuant to Article V of this Chapter.
B. If a responsible person fails or refuses to meet the requirements of an inspection report,
maintenance agreement, or maintenance plan, the City, after thirty (30) days' written notice
(except, that in the event the violation constitutes an immediate danger to public health or public
safety, twenty-four (24) hours' notice shall be sufficient), may correct a violation of the design
standards or maintenance requirements by performing the necessary work to place the practice in
proper working conclusion. The City may assess the responsible party of the practice for the cost
of repair work which shall be a lien 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 City.
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