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Jennings, Missouri - Code of Ordinances / Chapter 13.5 - FLOODPLAIN MANAG…/ ARTICLE X. - LAND DISTURBANCE CO…
Jennings, MO
Code of Ordinances
CODE OF ORDINANCES OF THE CITY OF JENNINGS, MISSOURI
SUPPLEMENT HISTORY TABLE modi ed
Chapter 1 - GENERAL PROVISIONS
Chapter 2 - ADMINISTRATION
Chapter 3 - ADVERTISING
Chapter 4 - ALCOHOLIC BEVERAGES
Chapter 5 - AMUSEMENTS
Chapter 6 - ANIMALS AND FOWL modi ed
Chapter 7 - BUILDING
Chapter 8 - RESERVED
Chapter 9 - COURT
Chapter 10 - DRY CLEANERS AND LAUNDRIES
Chapter 11 - ELECTIONS
Chapter 12 - ELECTRICITY
Chapter 12.5 - EMERGENCY MANAGEMENT
Chapter 13 - FIRE PROTECTION AND PREVENTION
Chapter 13.5 - FLOODPLAIN MANAGEMENT
ARTICLE I. - STATUTORY AUTHORIZATION, FINDINGS OF FACT, AND PURPOSES
ARTICLE II. - GENERAL PROVISIONS
ARTICLE III. - ADMINISTRATION
ARTICLE IV. - PROVISIONS FOR FLOOD HAZARD REDUCTION Prev Hit Next Hit
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ARTICLE V. - FLOODPLAIN MANAGEMENT VARIANCE PROCEDURES
ARTICLE VI. - PENALTIES FOR VIOLATION
ARTICLE VII. - AMENDMENTS
ARTICLE VIII. - DEFINITIONS
ARTICLE IX. - STREAM BUFFER PROTECTION
ARTICLE X. - LAND DISTURBANCE CODE
Sec. 13.5-176. - Title.
Sec. 13.5-177. - Purpose.
Sec. 13.5-178. - De nitions.
Sec. 13.5-179. - Applicability.
Sec. 13.5-180. - Permits.
Sec. 13.5-181. - Stormwater pollution prevention plan (SWPPP).
Sec. 13.5-182. - Design requirements.
Sec. 13.5-183. - Inspections.
Sec. 13.5-185. - Violations, enforcement and penalties.
Sec. 13.5-186. - Administrative appeal and judicial review.
Sec. 13.5-187. - Project closure requirements.
Chapter 14 - FOOD AND FOOD HANDLERS
Chapter 15 - GARBAGE AND TRASH
Chapter 16 - HOSPITALS
Chapter 17 - PROPERTY MAINTENANCE CODE
Chapter 17.1 - INTERNATIONAL RESIDENTIAL CODE
Chapter 17.5 - HUMAN RIGHTS
Chapter 18 - JUNK AND SECONDHAND DEALERS
Chapter 19 - LICENSES
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Chapter 20 - MASSAGE PARLORS
Chapter 21 - MOBILE HOMES
Chapter 22 - MOTOR VEHICLES
Chapter 23 - NUISANCES
Chapter 24 - OFFENSES AND MISCELLANEOUS PROVISIONS
Chapter 25 - PARKS AND RECREATION
Chapter 25.5 - PAWNBROKERS
Chapter 26 - SOLICITORS AND ITINERANT MERCHANTS
Chapter 27 - PLANNING
Chapter 28 - PLUMBING
Chapter 29 - POLICE
Chapter 30 - PRIVATE WATCHMEN
Chapter 31 - RESERVED
Chapter 31.5 - SPECIAL BUSINESS DISTRICT
Chapter 32 - STREETS AND SIDEWALKS
Chapter 33 - SWIMMING POOLS
Chapter 34 - TAXATION
Chapter 35 - TAXICABS
Chapter 36 - TRAFFIC
Chapter 37 - TREES AND VEGETATION
Chapter 38 - UTILITIES
APPENDIX A - ZONING
CODE COMPARATIVE TABLE modi ed
STATUTORY REFERENCE TABLE
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3/26/2021 Chapter 13.5 - FLOODPLAIN MANAGEMENT | Code of Ordinances | Jennings, MO | Municode Library
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Chapter 13.5 - FLOODPLAIN MANAGEMENT
Footnotes:
--- (1) ---
Editor's note— Ord. No. 2029, § 1, adopted Nov. 22, 2004, repealed the former Ch. 13.5, §§ 13.5-1—13.5-34, and
enacted a new Ch. 13.5 as set out herein. The former Ch. 13.5 pertained to flood damage prevention and derived from
Ord. No. 1653, §§ 1—7, 9-28-92.
ARTICLE I. - STATUTORY AUTHORIZATION, FINDINGS OF FACT, AND
PURPOSES
Sec. 13.5-1. - Statutory authorization.
The Legislature of the State of Missouri has in RSMo 77.260 delegated the responsibility to local
governmental units to adopt floodplain management regulations designed to protect the health, safety,
and general welfare. Therefore, the City Council of the City of Jennings, Missouri ordains as follows.
(Ord. No. 2029, § 1, 11-22-04; Ord. No. 2354, § 1, 12-1-14)
Sec. 13.5-2. - Findings of fact.
Flood losses resulting from periodic inundation. The special flood hazard areas of the City of
Jennings, Missouri, are subject to inundation which results in loss of life and property, health
and safety hazards, disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the tax base; all of which
adversely affect the public health, safety and general welfare.
General causes of the flood losses. These flood losses are caused by (1) the cumulative effect
of development in any delineated floodplain causing increases in flood heights and velocities;
and (2) the occupancy of flood hazard areas by uses vulnerable to floods, hazardous to
others, inadequately elevated, or otherwise unprotected from flood damages.
Methods used to analyze flood hazards. The Flood Insurance Study (FIS) that is the basis of
this ordinance uses a standard engineering method of analyzing flood hazards which consist
of a series of interrelated steps.
Selection of a base flood that is based upon engineering calculations which permit a
consideration of such flood factors as its expected frequency of occurrence, the area
inundated, and the depth of inundation. The base flood selected for this ordinance is
representative of large floods which are characteristic of what can be expected to occur
on the particular streams subject to this ordinance. It is in the general order of a flood
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which could be expected to have a one (1) percent chance of occurrence in any one (1)
year as delineated on the Federal Insurance Administrator's FIS, and illustrative materials
for St. Louis County dated February 4, 2015 as amended, and any future revisions thereto.
Calculation of water surface profiles are based on a standard hydraulic engineering
analysis of the capacity of the stream channel and overbank areas to convey the
regulatory flood.
Computation of a floodway required to convey this flood without increasing flood heights
more than one (1) foot at any point.
Delineation of floodway encroachment lines within which no development is permitted
that would cause any increase in flood height.
Delineation of flood fringe, i.e., that area outside the floodway encroachment lines, but
still subject to inundation by the base flood.
(Ord. No. 2029, § 1, 11-22-04; Ord. No. 2354, § 2, 12-1-14)
Sec. 13.5-3. - Statement of purpose.
It is the purpose of this article to promote the public health, safety, and general welfare; to minimize
those losses described in Article I, section 13.5-2(b); to establish or maintain the community's eligibility
for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal
Regulations (CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) by applying the provisions
of this article to:
Restrict or prohibit uses that are dangerous to health, safety, or property in times of
flooding or cause undue increases in flood heights or velocities;
Require uses vulnerable to floods, including public facilities that serve such uses, be
provided with flood protection at the time of initial construction; and
Protect individuals from buying lands that are unsuited for the intended development
purposes due to the flood hazard.
(Ord. No. 2029, § 1, 11-22-04)
Secs. 13.5-4—13.5-20. - Reserved.
ARTICLE II. - GENERAL PROVISIONS
Sec. 13.5-21. - Lands to which ordinance applies.
Article I through Article VIII of this Chapter 13.5 shall apply to all lands within the jurisdiction of the
City of Jennings, Missouri identified as numbered and unnumbered A zones and AE zones, on the Flood
Insurance Rate Maps (FIRMs) for St. Louis County on map panels 29189C0206K, 29189C0207K,
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29189C0208K, 29189C0209K, and 29189C0226K dated February 4, 2015 as amended, and any future
revisions thereto. In all areas covered by this chapter, no development shall be permitted except
through the issuance of a floodplain development permit, granted by the mayor and city council or its
duly designated representative under such safeguards and restrictions as the mayor and city council or
the designated representative may reasonably impose for the promotion and maintenance of the
general welfare, health of the inhabitants of the community, and as specifically noted in Article IV.
(Ord. No. 2029, § 1, 11-22-04; Ord. No. 2354, § 3, 12-1-14)
Sec. 13.5-22. - Floodplain administrator.
The director of public works, division of housing and economic development is hereby designated as
the floodplain administrator under this chapter.
(Ord. No. 2029, § 1, 11-22-04; Ord. No. 2354, § 4, 12-1-14)
Sec. 13.5-23. - Compliance.
No development located within the special flood hazard areas of this community shall be located,
extended, converted, or structurally altered without full compliance with the terms of this article and
other applicable regulations.
(Ord. No. 2029, § 1, 11-22-04)
Sec. 13.5-24. - Abrogation and greater restrictions.
It is not intended by this article to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this article imposes greater restrictions, the provisions of this article
shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the
inconsistency only.
(Ord. No. 2029, § 1, 11-22-04)
Sec. 13.5-25. - Interpretation.
In their interpretation and application, the provisions of this article shall be held to be minimum
requirements, shall be liberally construed in favor of the governing body, and shall not be deemed a
limitation or repeal of any other powers granted by state statutes.
(Ord. No. 2029, § 1, 11-22-04)
Sec. 13.5-26. - Warning and disclaimer of liability.
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The degree of flood protection required by this article is considered reasonable for regulatory
purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare
occasions or the flood heights may be increased by manmade or natural causes, such as ice jams and
bridge openings restricted by debris. This article does not imply that areas outside the floodway and
flood fringe or land uses permitted within such areas will be free from flooding or flood damage. This
article shall not create a liability on the part of the City of Jennings, any officer or employee thereof, for
any flood damages that may result from reliance on this article or any administrative decision lawfully
made thereunder.
(Ord. No. 2029, § 1, 11-22-04)
Sec. 13.5-27. - Severability.
If any section, clause, provision, or portion of this article is adjudged unconstitutional or invalid by a
court of appropriate jurisdiction, the remainder of this article shall not be affected thereby.
(Ord. No. 2029, § 1, 11-22-04)
Secs. 13.5-28—13.5-40. - Reserved.
ARTICLE III. - ADMINISTRATION
Sec. 13.5-41. - Floodplain development permit (required).
A floodplain development permit shall be required for all proposed construction or other
development, including the placement of manufactured homes, in the areas described in Article II,
section 13.5-21. No person, firm, corporation, or unit of government shall initiate any development or
substantial-improvement or cause the same to be done without first obtaining a separate floodplain
development permit for each structure or other development.
(Ord. No. 2029, § 1, 11-22-04)
Sec. 13.5-42. - Designation of oodplain administrator.
The director of public works, division of housing and economic development is hereby appointed to
administer and implement the provisions of this chapter.
(Ord. No. 2029, § 1, 11-22-04; Ord. No. 2354, § 5, 12-1-14)
Sec. 13.5-43. - Duties and responsibilities of oodplain administrator.
Duties of the director of public works, division of housing and economic development shall include,
but not be limited to:
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Review of all applications for floodplain development permits to assure that sites are reasonab
from flooding and that the floodplain development permit requirements of this chapter have b
satisfied;
Review of all applications for floodplain development permits for proposed development
to assure that all necessary permits have been obtained from federal, state, or local
governmental agencies from which prior approval is required by federal, state or local
law;
Review all subdivision proposals and other proposed new development, including
manufactured home parks or subdivisions, to determine whether such proposals will be
reasonably safe from flooding;
Issue floodplain development permits for all approved applications;
Notify adjacent communities and the Missouri State Emergency Management Agency (Mo
SEMA) prior to any alteration or relocation of a watercourse, and submit evidence of such
notification to the Federal Emergency Management Agency (FEMA);
Assure that the flood-carrying capacity is not diminished and shall be maintained within
the altered or relocated portion of any watercourse so as to have no net loss of flood
water storage in the floodplain;
Verify and maintain a record of the actual elevation (in relation to mean sea level) of the
lowest floor, including basement, of all new or substantially improved structures;
Verify and maintain a record of the actual elevation (in relation to mean sea level) that the
new or substantially improved nonresidential structures have been floodproofed;
When floodproofing techniques are utilized for a particular nonresidential structure, the
director of public works, division of housing and economic development shall require
certification from a registered professional engineer or architect.
(Ord. No. 2029, § 1, 11-22-04; Ord. No. 2354, § 6, 12-1-14)
Sec. 13.5-44. - Application for oodplain development permit.
To obtain a floodplain development permit, the applicant shall first file an application in writing on a
form furnished for that purpose. Every floodplain development permit application shall:
Describe the land on which the proposed work is to be done by lot, block and tract, house
and street address, or similar description that will readily identify and specifically locate
the proposed structure or work.
Identify and describe the work to be covered by the floodplain development permit;
Indicate the use or occupancy for which the proposed work is intended;
Indicate the assessed value of the structure and the fair market value of the
improvement;
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Specify whether development is located in designated flood fringe or floodway;
Identify the existing base flood elevation and the elevation of the proposed development;
Give such other information as reasonably may be required by the director of public
works, division of housing and economic development;
Be accompanied by plans and specifications for proposed construction; and
Be signed by the permittee or his authorized agent who may be required to submit
evidence to indicate such authority.
(Ord. No. 2029, § 1, 11-22-04; Ord. No. 2354, § 7, 12-1-14)
Secs. 13.5-45—13.5-60. - Reserved.
ARTICLE IV. - PROVISIONS FOR FLOOD HAZARD REDUCTION
Sec. 13.5-61. - General standards.
No permit for floodplain development shall be granted for new construction, substantial-
improvements, and other improvements, including the placement of manufactured homes,
within any numbered or unnumbered A zones and AE zones, unless the conditions of this
section are satisfied.
All areas identified as unnumbered A zones on the FIRM are subject to inundation of the 100-
year flood; however, the base flood elevation is not provided. Development within
unnumbered A zones is subject to all provisions of this article. If flood insurance study data is
not available, the community shall obtain, review, and reasonably utilize any base flood
elevation or floodway data currently available from federal, state, or other sources.
Until a floodway is designated, no new construction, substantial improvements, or other
development, including fill, shall be permitted within any numbered A zone or AE zone on the
FIRM, unless it is demonstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development, will not increase the
water surface elevation of the base flood more than one (1) foot at any point within the
community.
All new construction, subdivision proposals, substantial-improvements, prefabricated
structures, placement of manufactured homes, and other developments shall require:
Design or adequate anchorage to prevent flotation, collapse, or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including the effects of
buoyancy;
Construction with materials resistant to flood damage;
Utilization of methods and practices that minimize flood damages;
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(4)
(5)
(6)
a.
b.
c.
d.
(e)
(1)
(2)
(f)
(a)
(1)
All electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service faci
designed and/or located so as to prevent water from entering or accumulating within the com
during conditions of flooding;
New or replacement water supply systems and/or sanitary sewage systems be designed
to minimize or eliminate infiltration of flood waters into the systems and discharges from
the systems into flood waters, and on-site waste disposal systems be located so as to
avoid impairment or contamination; and
Subdivision proposals and other proposed new development, including manufactured
home parks or subdivisions, located within special flood hazard areas are required to
assure that:
All such proposals are consistent with the need to minimize flood damage;
All public utilities and facilities, such as sewer, gas, electrical, and water systems are
located and constructed to minimize or eliminate flood damage;
Adequate drainage is provided so as to reduce exposure to flood hazards; and
All proposals for development, including proposals for manufactured home parks and
subdivisions, of five (5) acres or fifty (50) lots, whichever is lesser, include within such
proposals base flood elevation data.
Storage, material, and equipment.
The storage or processing of materials within the special flood hazard area that are in
time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or
plant life is prohibited.
Storage of other material or equipment may be allowed if not subject to major damage by
floods, if firmly anchored to prevent flotation, or if readily removable from the area within
the time available after a flood warning.
Accessory structures. Structures used solely for parking and limited storage purposes, not
attached to any other structure on the site, of limited investment value, and not larger than
four hundred (400) square feet, may be constructed at-grade and wet-floodproofed provided
there is no human habitation or occupancy of the structure; the structure is of single-wall
design; a variance has been granted from the standard floodplain management requirements
of this article; and a floodplain development permit has been issued.
(Ord. No. 2029, § 1, 11-22-04)
Sec. 13.5-62. - Speci c standards.
In all areas identified as numbered and unnumbered A zones and AE zones, where base flood
elevation data have been provided, as set forth in Article IV, section 13.5-61(b), the following
provisions are required:
Residential construction. New construction or substantial-improvement of any residential
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(2)
(3)
a.
b.
(a)
structures, including manufactured homes, shall have the lowest floor, including
basement, elevated to one (1) foot above base flood elevation.
[*In all unnumbered and numbered A zones and AE zones, the FEMA, Region VII office
recommends elevating to one (1) foot above the base flood elevation to accommodate
floodway conditions when the floodplain is fully developed.]
New construction or substantial-improvement of any commercial, industrial, or other
nonresidential structures, including manufactured homes, shall have the lowest floor,
including basement, elevated to one (1) foot above the base flood elevation or, together
with attendant utility and sanitary facilities, be floodproofed so that below the base flood
elevation the structure is watertight with walls substantially impermeable to the passage
of water and with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. A registered professional engineer or
architect shall certify that the standards of this subsection are satisfied. Such certification
shall be provided to the floodplain administrator as set forth in Article III, section 13.5-
43(9).
[*The FEMA, Region VII office recommends elevating to one (1) foot above the base flood
elevation to qualify for flood insurance rates based upon floodproofing.]
Require, for all new construction and substantial-improvements, that fully enclosed areas
below lowest floor used solely for parking of vehicles, building access, or storage in an
area other than a basement and that are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry
and exit of floodwaters. Designs for meeting this requirement must either be certified by
a registered professional engineer or architect or meet or exceed the following minimum
criteria:
A minimum of two (2) openings having a total net area of not less than one (1) square
inch for every square foot of enclosed area subject to flooding shall be provided; and
The bottom of all opening shall be no higher than one (1) foot above grade. Openings
may be equipped with screens, louvers, valves, or other coverings or devices provided
that they permit the automatic entry and exit of floodwaters.
(Ord. No. 2029, § 1, 11-22-04; Ord. No. 2354, § 8, 12-1-14)
Sec. 13.5-63. - Manufactured homes.
All manufactured homes to be placed within all unnumbered and numbered A zones and AE
zones, on the community's FIRM shall be required to be installed using methods and practices
that minimize flood damage. For the purposes of this requirement, manufactured homes
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(b)
(1)
(2)
(3)
(4)
(c)
(1)
(2)
(1)
must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of
anchoring may include, but are not limited to, use of over-the-top or frame ties to ground
anchors.
Require manufactured homes that are placed or substantially improved within unnumbered
or numbered A zones and AE zones, on the community's FIRM on sites:
Outside of manufactured home park or subdivision;
In a new manufactured home park or subdivision;
In an expansion to and existing manufactured home park or subdivision; or
In an existing manufactured home park or subdivision on which a manufactured home
has incurred substantial-damage as the result of a flood, be elevated on a permanent
foundation such that the lowest floor of the manufactured home is elevated to one (1)
foot above the base flood elevation and be securely attached to an adequately anchored
foundation system to resist flotation, collapse, and lateral movement.
Require that manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision within all unnumbered and numbered A
zones and AE zones, on the community's FIRM, that are not subject to the provisions of Article
IV, section 13.5-63(b) of this article, be elevated so that either:
The lowest floor of the manufactured home is at one (1) foot above the base flood level;
or
The manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than thirty-six (36) inches in
height above grade and be securely attached to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement.
[*In all unnumbered and numbered A zones and AE zones, the FEMA, Region VII office
recommends elevating to one (1) foot above the base flood elevation to accommodate
floodway conditions when the floodplain is fully developed.]
(Ord. No. 2029, § 1, 11-22-04)
Sec. 13.5-64. - Floodway.
Located within areas of special flood hazard established in Article II, section 13.5-21 are areas
designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood
waters that carry debris and potential projectiles, the following provisions shall apply:
The community shall select and adopt a regulatory floodway based on the principle that
the area chosen for the regulatory floodway must be designed to carry the waters of the
base flood without increasing the water surface elevation of that flood more than one (1)
foot at any point.
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(2)
(3)
(4)
(a)
(1)
(2)
(3)
The community shall prohibit any encroachments, including fill, new construction, substantial-
improvements, and other development within the adopted regulatory floodway unless it has b
demonstrated through hydrologic and hydraulic analyses performed in accordance with stand
engineering practice that the proposed encroachment would not result in any increase in flood
within the community during the occurrence of the base flood discharge.
If Article IV, section 13.5-64(2) is satisfied, all new construction and substantial-
improvements shall comply with all applicable flood hazard reduction provisions of Article
IV.
In unnumbered A zones, the community shall obtain, review, and reasonably utilize any
base flood elevation or floodway data currently available from federal, state or other
sources as set forth in Article IV, section 13-5.61(b).
(Ord. No. 2029, § 1, 11-22-04; Ord. No. 2354, § 9, 12-1-14)
Sec. 13.5-65. - Recreational vehicles.
Require that recreational vehicles placed on sites within all unnumbered and numbered A
zones and AE zones on the community's FIRM either:
Be on the site for fewer than one hundred eighty (180) consecutive days, or
Be fully licensed and ready for highway use, or
Meet the permitting, elevation, and the anchoring requirements for manufactured homes
of this article.
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is
attached to the site only by quick-disconnect type utilities and security devices, and has no
permanently attached additions.
(Ord. No. 2029, § 1, 11-22-04)
Secs. 13.5-66—13.5-80. - Reserved.
ARTICLE V. - FLOODPLAIN MANAGEMENT VARIANCE PROCEDURES
Sec. 13.5-81. - Establishment of appeal board.
The board of adjustment as established by the City of Jennings shall hear and decide appeals and
requests for variances from the floodplain management requirements of this chapter.
(Ord. No. 2029, § 1, 11-22-04; Ord. No. 2354, § 10, 12-1-14)
Sec. 13.5-82. - Responsibility of appeal board.
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(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
Where an application for a floodplain development permit or request for a variance from the
floodplain management regulations is denied by the director of public works, division of housing and
economic development, the applicant may apply for such floodplain development permit or variance
directly to the board of adjustment, as defined in Article IV, section 13.5-81.
The board of adjustment shall hear and decide appeals when it is alleged that there is an error in any
requirement, decision, or determination made by the director of public works, division of housing and
economic development in the enforcement or administration of this article.
(Ord. No. 2029, § 1, 11-22-04; Ord. No. 2354, § 11, 12-1-14)
Sec. 13.5-83. - Further appeals.
Any person aggrieved by the decision of the board of adjustment or any taxpayer may appeal such
decision to the St. Louis County Circuit Court as provided in RSMo 89.110.
(Ord. No. 2029, § 1, 11-22-04; Ord. No. 2354, § 12, 12-1-14)
Sec. 13.5-84. - Floodplain management variance criteria.
In passing upon such applications for variances, the board of adjustment shall consider all technical
data and evaluations, all relevant factors, standards specified in other sections of this article, and the
following criteria:
The danger to life and property due to flood damage;
The danger that materials may be swept onto other lands to the injury of others;
The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owner;
The importance of the services provided by the proposed facility to the community;
The necessity to the facility of a waterfront location, where applicable;
The availability of alternative locations, not subject to flood damage, for the proposed use;
The compatibility of the proposed use with existing and anticipated development;
The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
The safety of access to the property in times of flood for ordinary and emergency vehicles;
The expected heights, velocity, duration, rate of rise and sediment transport of the flood
waters, if applicable, expected at the site; and
The costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and
water systems; streets; and bridges.
(Ord. No. 2029, § 1, 11-22-04; Ord. No. 2354, § 13, 12-1-14)
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(a)
(b)
(c)
(d)
(e)
(f)
(1)
Sec. 13.5-85. - Conditions for approving oodplain management variances.
Generally, variances may be issued for new construction and substantial-improvements to be
erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level, providing subsections (b) through
(f) below have been fully considered. As the lot size increases beyond the one-half acre, the
technical justification required for issuing the variance increases.
Variances may be issued for the reconstruction, rehabilitation, or restoration of structures
listed on the National Register of Historic Places, the State Inventory of Historic Places, or local
inventory of historic places upon determination provided the proposed activity will not
preclude the structure's continued historic designation.
Variances shall not be issued within any designated floodway if any increase in flood levels
during the base flood discharge would result.
Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
Variances shall only be issued upon (a) a showing of good and sufficient cause, (b) a
determination that failure to grant the variance would result in exceptional hardship to the
applicant, and (c) a determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or
ordinances.
A community shall notify the applicant in writing over the signature of a community official
that (1) the issuance of a variance to construct a structure below base flood level will result in
increased premium rates for flood insurance up to amounts as high as twenty-five dollars
($25.00) for one hundred dollars ($100.00) of insurance coverage and (2) such construction
below the base flood level increases risks to life and property. Such notification shall be
maintained with the record of all variance actions as required by this chapter.
(Ord. No. 2029, § 1, 11-22-04)
Sec. 13.5-86. - Conditions for approving variances for accessory structures.
Any variance granted for an accessory structure shall be decided individually based on a case by case
analysis of the building's unique circumstances. Variances granted shall meet the following conditions as
well as those criteria and conditions set forth in Article V, sections 13.5-84 and 13.5-85.
In order to minimize flood damages during the 100-year flood and the threat to public health and
safety, the following conditions shall be included for any variance issued for accessory structures that
are constructed at-grade and wet-floodproofed.
Use of the accessory structures must be solely for parking and limited storage purposes in
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(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
flood-prone areas only.
For any new or substantially damaged accessory structures, the exterior and interior
building components and elements (i.e., foundation, wall framing, exterior and interior
finishes, flooring, etc.) below highest adjacent grade, must be built with flood-resistant
materials in accordance with Article IV, section 13.5-61(d)(2).
The accessory structures must be adequately anchored to prevent flotation, collapse, or
lateral movement of the structure in accordance with Article IV, section 13.5-61(d)(1) of
this chapter. All of the building's structural components must be capable of resisting
specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and
debris impact forces.
Any mechanical, electrical, or other utility equipment must be located above highest
adjacent grade or floodproofed so that they are contained within a watertight,
floodproofed enclosure that is capable of resisting damage during flood conditions in
accordance with Article IV, section 13.5-61(d)(4).
The accessory structures must meet all National Flood Insurance Program (NFIP) opening
requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-
year flood, contain openings that will permit the automatic entry and exit of floodwaters
in accordance with the NFIP regulations.
Equipment, machinery, or other contents must be protected from any flood damage.
No disaster relief assistance under any program administered by any federal agency shall
be paid for any repair or restoration costs of the accessory structures.
A community shall notify the applicant in writing over the signature of a community
official that (1) the issuance of a variance to construct a structure below the highest
adjacent grade will result in increased premium rates for flood insurance up to amounts
as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance
coverage and (2) such construction below highest adjacent grade increases risks to life
and property. Such notification shall be maintained with the record of all variance actions
as required by this chapter.
Wet-floodproofing construction techniques must be reviewed and approved by the
community and registered professional engineer or architect prior to the issuance of any
floodplain development permit for construction.
(Ord. No. 2029, § 1, 11-22-04; Ord. No. 2354, § 14, 12-1-14)
Secs. 13.5-87—13.5-100. - Reserved.
ARTICLE VI. - PENALTIES FOR VIOLATION
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3/26/2021 Chapter 13.5 - FLOODPLAIN MANAGEMENT | Code of Ordinances | Jennings, MO | Municode Library
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Sec. 13.5-101. - Penalty.
Violation of the provisions of this chapter or failure to comply with any of its requirements (including
violations of conditions and safeguards established in connection with granting of variances) shall
constitute a misdemeanor. Any person who violates this article or fails to comply with any of its
requirements shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00), and
in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall
be considered a separate offense. Nothing herein contained shall prevent the City of Jennings or other
appropriate authority from taking such other lawful action as is necessary to prevent or remedy any
violation.
(Ord. No. 2029, § 1, 11-22-04)
Secs. 13.5-102—13.5-120. - Reserved.
ARTICLE VII. - AMENDMENTS
Sec. 13.5-121. - Amendments.
The regulations, restrictions, and boundaries set forth in this chapter may from time to time be
amended, supplemented, changed, or appealed to reflect any and all changes in the National Flood
Disaster Protection Act of 1973, provided, however, that no such action may be taken until after a public
hearing in relation thereto, at which parties of interest and citizens shall have an opportunity to be
heard. Notice of the time and place of such hearing shall be published in a newspaper of general
circulation in the City of Jennings. At least twenty (20) days shall elapse between the date of this
publication and the public hearing. A copy of such amendments will be provided to the Region VII office
of the Federal Emergency Management Agency (FEMA). The regulations of this ordinance are in
compliance with the National Flood Insurance Program (NFIP) regulations.
(Ord. No. 2029, § 1, 11-22-04)
Secs. 13.5-122—13.5-140. - Reserved.
ARTICLE VIII. - DEFINITIONS
Sec. 13.5-141. - De nitions.
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to
give them the same meaning they have in common usage and to give this ordinance its most reasonable
application.
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3/26/2021 Chapter 13.5 - FLOODPLAIN MANAGEMENT | Code of Ordinances | Jennings, MO | Municode Library
https://library.municode.com/mo/jennings/codes/code_of_ordinances?nodeId=CD_ORD_CH13.5FLMA_ARTXLADICO 18/44
100-year flood see base flood.
Accessory structure means the same as appurtenant structure.
Actuarial rates see risk premium rates.
Administrator means the Federal Insurance Administrator.
Agency means the Federal Emergency Management Agency (FEMA).
Agricultural commodities means agricultural products and livestock.
Agricultural structures means any structure used exclusively in connection with the production,
harvesting, storage, drying, or raising or agricultural commodities.
Appeal means a request for review of the floodplain administrator's interpretation of any provision of
this article or a request for a variance.
Appurtenant structure means a structure that is on the same parcel of property as the principle
structure to be insured and the use of which is incidental to the use of the principal structure.
Area of special flood hazard is the land in the floodplain within a community subject to a one (1)
percent or greater chance of flooding in any given year.
Base flood means the flood having a one (1) percent chance of being equaled or exceeded in any
given year.
Basement means any area of the structure having its floor subgrade (below ground level) on all sides.
Building see structure.
Chief executive officer or chief elected official means the official of the community who is charged
with the authority to implement and administer laws, ordinances, and regulations for that community.
Community means any state or area or political subdivision thereof, which has authority to adopt and
enforce floodplain management regulations for the areas within its jurisdiction.
Development means any manmade change to improved or unimproved real estate, including but not
limited to buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving,
excavation or drilling operations, or storage of equipment or materials.
Elevated building means for insurance purposes, a non-basement building which has its lowest
elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or
columns.
Eligible community or participating community means a community for which the administrator has
authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).
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Existing construction means for the purposes of determining rates, structures for which the "start of
construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs
effective before that date, "existing construction" may also be referred to as "existing structures."
Existing manufactured home park or subdivision means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final
site grading or the pouring of concrete pads) is completed before the effective date of the floodplain
management regulations adopted by a community.
Expansion to an existing manufactured home park or subdivision means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads).
Flood or flooding means a general and temporary condition of partial or complete inundation of
normally dry land areas from (1) the overflow of inland and/or (2) the unusual and rapid accumulation or
runoff of surface waters from any source.
Flood Boundary and Floodway Map (FBFM) means an official map of a community on which the
administrator has delineated both special flood hazard areas and the designated regulatory floodway.
Flood elevation determination means a determination by the administrator of the water surface
elevations of the base flood, that is, the flood level that has a one (1) percent or greater chance of
occurrence in any given year.
Flood elevation study means an examination, evaluation and determination of flood hazards.
Flood fringe means the area outside the floodway encroachment lines, but still subject to inundation
by the regulatory flood.
Flood Hazard Boundary Map (FHBM) means an official map of a community, issued by the
administrator, where the boundaries of the flood areas having special flood hazards have been
designated as (unnumbered or numbered) A zones.
Flood Insurance Rate Map (FIRM) means an official map of a community, on which the administrator
has delineated both the special flood hazard areas and the risk premium zones applicable to the
community.
Flood Insurance Study (FIS) means an examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
Floodplain or flood-prone area means any land area susceptible to being inundated by water from
any source (see "flooding").
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Floodplain management means the operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency preparedness plans, flood
control works, and floodplain management regulations.
Floodplain management regulations means zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and
other applications of police power. The term describes such state or local regulations, in any
combination thereof, that provide standards for the purpose of flood damage prevention and reduction.
Floodproofing means any combination of structural and nonstructural additions, changes, or
adjustments to structures that reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, or structures and their contents.
Floodway or regulatory 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 (1) foot.
Floodway encroachment lines means the lines marking the limits of floodways on federal, state and
local floodplain maps.
Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of
floodplain management. "Freeboard" tends to compensate for the many unknown factors that could
contribute to flood heights greater than the height calculated for a selected size flood and floodway
conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.
Functionally dependent use means a use that cannot perform its intended purpose unless it is
located or carried out in close proximity to water. This term includes only docking facilities and facilities
that are necessary for the loading and unloading of cargo or passengers, but does not include long-term
storage or related manufacturing facilities.
Highest adjacent grade means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Historic structure means any structure that is (a) listed individually in the National Register of Historic
Places (a listing maintained by the Department of Interior) or preliminarily determined by the secretary
of the interior as meeting the requirements for individual listing on the National Register; (b) certified or
preliminarily determined by the secretary of the interior as contributing to the historical significance of a
registered historic district or a district preliminarily determined by the secretary to qualify as a
registered historic district; (c) individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the secretary of the interior; or (d)
individually listed on a local inventory of historic places in communities with historic preservation
programs that have been certified either (1) by an approved state program as determined by the
secretary of the interior or (2) directly by the secretary of the interior in states without approved
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Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished
or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area
other than a basement area, is not considered a building's lowest floor, provided that such enclosure is
not built so as to render the structure in violation of the applicable floodproofing design requirements
of this article.
Manufactured home means a structure, transportable in one (1) or more sections, that is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached to
the required utilities. The term "manufactured home" does not include a "recreational vehicle."
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into
two (2) or more manufactured home lots for rent or sale.
Map means the Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM), or the Flood
Boundary and Floodway Map (FBFM) for a community issued by the Federal Emergency Management
Agency (FEMA).
Market value or fair market value means an estimate of what is fair, economic, just and equitable
value under normal local market conditions.
Mean sea level means, for purposes of the National Flood Insurance Program (NFIP), the National
Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map (FIRM) are referenced.
New construction means, for the purposes of determining insurance rates, structures for which the
"start of construction" commenced on or after the effective date of an initial FIRM or after December 31,
1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for which the "start of construction"
commenced on or after the effective date of the floodplain management regulations adopted by a
community and includes any subsequent improvements to such structures.
New manufactured home park or subdivision means a manufactured home park or subdivision for
which the construction of facilities for servicing the lot on which the manufactured homes are to be
affixed (including at a minimum, the installation of utilities, the construction of streets, and either final
site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain
management regulations adopted by the community.
(NFIP) means the National Flood Insurance Program (NFIP).
Participating community also known as an "eligible community," means a community in which the
administrator has authorized the sale of flood insurance.
Person includes any individual or group of individuals, corporation, partnership, association, or any
other entity, including federal, state, and local governments and agencies.
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Principally above ground means that at least fifty-one (51) percent of the actual cash value of the
structure, less land value, is above ground.
Recreational vehicle means a vehicle which is (a) built on a single chassis; (b) four hundred (400)
square feet or less when measured at the largest horizontal projections; (c) designed to be self-
propelled or permanently towable by a light- duty truck; and (d) designed primarily not for use as a
permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Remedy a violation means to bring the structure or other development into compliance with federal,
state, or local floodplain management regulations; or, if this is not possible, to reduce the impacts of its
noncompliance.
Repetitive loss means flood-related damages sustained by a structure on two (2) separate occasions
during a ten-year period for which the cost of repairs at the time of each such flood event, equals or
exceeds twenty-five (25) percent of the market value of the structure before the damage occurred.
Risk premium rates means those rates established by the administrator pursuant to individual
community studies and investigations which are undertaken to provide flood insurance in accordance
with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial
principles. "Risk premium rates" include provisions for operating costs and allowances.
Special flood hazard area see area of special flood hazard.
Special hazard area means an area having special flood hazards and shown on an FHBM, FIRM or
FBFM as zones (unnumbered or numbered) A and AE.
Start of construction includes substantial-improvements, and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition
placement, or other improvements were within one hundred eighty (180) days of the permit date. The
actual start means either the first placement of permanent construction of a structure on a site, such as
the pouring of slabs or footings, the installation of piles, the construction of columns, any work beyond
the stage of excavation, or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling, the installation of
streets and/or walkways, excavation for a basement, footings, piers, foundations, the erection of
temporary forms, nor installation on the property of accessory structures, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For a substantial-improvement, the actual
start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a
building, whether or not that alteration affects the external dimensions of the building.
State coordinating agency means that agency of the state government, or other office designated by
the governor of the state or by state statute at the request of the administrator to assist in the
implementation of the National Flood Insurance Program (NFIP) in that state.
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(1)
(2)
(3)
(1)
(2)
(3)
Structure means, for floodplain management purposes, a walled and roofed building, including a gas
or liquid storage tank, that is principally above ground, as well as a manufactured home. "Structure" for
insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is
principally above ground and affixed to a permanent site, as well as a manufactured home on a
permanent foundation. For the latter purpose, the term includes a building while in the course of
construction, alteration or repair, but does not include building materials or supplies intended for use in
such construction, alteration or repair, unless such materials or supplies are within an enclosed building
on the premises.
Substantial damage means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the
market value of the structure before the damage occurred. The term includes repetitive loss buildings
(see definition).
For the purposes of this definition, "repair" is considered to occur when the first repair or
reconstruction of any wall, ceiling, floor, or other structural part of the building commences.
This term does not apply to:
Any project for improvement of a building required to comply with existing health,
sanitary, or safety code specifications which have been identified by the code
enforcement official and which are solely necessary to assure safe living conditions;
Any alteration of a "historic structure" provided the alteration will not preclude the
structure's continued designation as a "historic structure"; or
Any improvement to a building.
Substantial improvement means any combination of reconstruction, alteration, or improvement to a
building, taking place during a ten-year period, in which the cumulative percentage of improvement
equals or exceeds fifty (50) percent of the current market value of the building. For the purposes of this
definition, an improvement occurs when the first alteration of any wall, ceiling, floor, or other structural
part of the building commences, whether or not that alteration affects the external dimensions of the
building. This term includes structures, which have incurred "repetitive loss" or "substantial damage,"
regardless of the actual repair work done.
This term does not apply to:
Any project for improvement of a building required to comply with existing health,
sanitary, or safety code specifications which have been identified by the code
enforcement official and which are solely necessary to assure safe living conditions;
Any alteration of a "historic structure" provided the alteration will not preclude the
structure's continued designation as a "historic structure"; or
Any building that has been damaged from any source or is categorized as repetitive loss.
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> Chapter 13.5 - FLO…> ARTICLE IX. - STREA…
3 Sec. 27-4. - Fee schedule for division of land. Code of Ordinances
> Chapter 27 - PLAN…> ARTICLE I. - IN GEN…
4 ARTICLE X. - LAND DISTURBANCE CODE Code of Ordinances > Chapter 13.5 - FLO…
5 Section 2.1. - Land use. Code of Ordinances > APPENDIX A - ZONI…
> ARTICLE 2. - COMP…
6 Section 2.2. - Structures in compliance with permitted land uses. Code of Ordinances
> APPENDIX A - ZONI…> ARTICLE 2. - COMP…
7 Section 2.3. - Structures in compliance with district land area regulations. Code of
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8 Sec. 27-1. - Definitions. Code of Ordinances > Chapter 27 - PLAN…
> ARTICLE I. - IN GEN…
9 Sec. 13.5-144. - Definitions. Code of Ordinances > Chapter 13.5 - FLO…
> ARTICLE IX. - STREA…
10 Section 30.1. - Purpose statement. Code of Ordinances > APPENDIX A - ZONI…
> ARTICLE 30. - SUB…
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(1)
(2)
Substantially improved existing manufactured home parks or subdivisions is where the repair,
reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty
(50) percent of the value of the streets, utilities and pads before the repair, reconstruction or
improvement commenced.
Variance means a grant of relief by the community from the terms of a floodplain management
regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be
varied by the community.
Violation means the failure of a structure or other development to be fully compliant with the
community's floodplain management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required by this article is
presumed to be in violation until such time as that documentation is provided.
Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD)
of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the
floodplain.
(Ord. No. 2029, § 1, 11-22-04; Ord. No. 2354, § 15, 12-1-14)
ARTICLE IX. - STREAM BUFFER PROTECTION
Sec. 13.5-142. - Title.
This article shall be known as the Jennings Stream Buffer Protection Ordinance.
(Ord. No. 2148, § 1, 6-22-09)
Sec. 13.5-143. - Purpose.
The purpose of this article is to protect public health, safety, environment and general welfare; to
minimize public and private losses due to erosion, siltation and water pollution; and to maintain stream
water quality in accordance with Metropolitan Sewer District Regulations.
(Ord. No. 2148, § 2, 6-22-09)
Sec. 13.5-144. - De nitions.
Buffer means, with respect to a stream, a natural or enhanced vegetated area (established by
subsection 13.5-148(a)(1) below), lying adjacent to the stream.
Impervious cover means any manmade paved, hardened or structural surface regardless of
material. Impervious cover includes but is not limited to rooftops, buildings, streets, roads,
decks, swimming pools, and any concrete or asphalt.
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(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
a.
b.
(15)
Land development means any land change, including, but not limited to, clearing, grubbing, stripp
removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction,
paving and any other installation of impervious cover.
Land development activity means those actions or activities which comprise, facilitate or
result in land development.
Land disturbance means any land or vegetation change, including, but not limited to, clearing,
grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting, and
filling of land, that does not involve construction, paving or any other installation of
impervious cover.
Land disturbance activity means those actions or activities which comprise, facilitate or result
in land disturbance.
Floodplain means any land area susceptible to flooding, which would have at least a one (1)
percent probability of flooding occurrence in any calendar year based on the basin being fully
developed as shown on the current land use plan; i.e., the regulatory flood.
Parcel means any plot, lot, or acreage shown as a unit on the latest county tax assessment
records.
Permit means the permit issued by Jennings required for undertaking any land development
activity.
Person means any individual, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public, or private institution, utility, cooperative,
city, county, or other political subdivision of the state, any interstate body or any other legal
entity.
Protection area or stream protection area means, with respect to a stream, the combined
areas of all required buffers and setbacks applicable to such stream.
Riparian means belonging or related to the bank of a river, stream, lake, pond or
impoundment.
Setback means, with respect to a stream, the area established by subsection 13.5-148(b)
extending beyond any buffer applicable to the stream.
Stream means any stream, beginning at:
All natural watercourses depicted by a solid or dashed blue line on the most current
United States Geological Survey (U.S.G.S.) 7.5 Minute Series (Topographic) Maps for
Missouri; or
A point in the stream channel with a drainage area of twenty-five (25) acres or more.
Stream bank means the sloping land that contains the stream channel and the normal flows
of the stream. Where no established top-of-bank can be determined, the stream bank will be
the "ordinary high water mark" as defined by the Corps of Engineers in Title 33 of the Code of
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(16)
(1)
(2)
(3)
(4)
(1)
a.
b.
Federal Regulation, Part 328.3.
Stream channel means the portion of a watercourse that contains the base flow of the
stream.
(Ord. No. 2148, § 3, 6-22-09)
Sec. 13.5-145. - Applicability.
This article shall apply to all land development activity on property containing a stream as defined in
section 13.5-144 of this article. These requirements are in addition to, and do not replace or supersede,
any other applicable buffer or floodplain requirements established under other local, state or federal
regulations and approval or exemption from these requirements do not constitute approval or
exemption from buffer requirements established under other local, state or federal regulations.
(Ord. No. 2148, § 4, 6-22-09)
Sec. 13.5-146. - Grandfather provisions.
This article shall not apply to the following activities:
Work consisting of the repair or maintenance of any lawful use of land that is zoned and
approved for such use on or before the effective date of this article.
Existing development and on-going land disturbance activities including but not limited to
existing agriculture, silviculture, landscaping, gardening and lawn maintenance, except
that new development or land disturbance activities on such properties will be subject to
all applicable buffer requirements.
Any land development activity that is under construction, fully approved for development,
scheduled for permit approval or has been submitted for approval as of the effective date
of this article.
Land development activity that has not been submitted for approval, but that is part of a
larger master development plan, such as for an office park or other phased development
that has been previously approved within two (2) years of the effective date of this article.
(Ord. No. 2148, § 4.1, 6-22-09)
Sec. 13.5-147. - Exemptions.
The following specific activities are exempt from this article. Exemption of these activities does not
constitute an exemption for any other activity proposed on a property:
Activities for the purpose of building one (1) of the following:
A stream crossing by a driveway, transportation route or utility line;
Public water supply intake or public wastewater structures or stormwater outfalls;
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c.
d.
e.
f.
(2)
(3)
(4)
(5)
(6)
(a)
Intrusions necessary to provide access to a property;
Public access facilities that must be on the water including boat ramps, docks, foot
trails leading directly to the river, fishing platforms and overlooks;
Unpaved foot trails and paths;
Activities to restore and enhance stream bank stability, vegetation, water quality
and/or aquatic habitat, so long as native vegetation and bioengineering techniques
are used.
Trash, debris and individual trees within the stream buffer that are in danger of falling,
causing damage to dwellings or other structures, or causing blockage of the natural
watercourse may be removed.
Public utility easements. This includes such impervious cover as is necessary for the
operation and maintenance of the utility, including, but not limited to, manholes, vents
and valve structures and land disturbance activities. This exemption shall not be
construed as allowing the construction of roads, bike paths or other transportation routes
in such easements, regardless of paving material, except for access for the uses
specifically cited in subsection (1), above.
Land development activities within a right-of-way existing at the time this article takes
effect or approved under the terms of this article.
Emergency work necessary to preserve life or property. However, when emergency work
is performed under this section, the person performing it shall report such work to the
public works department on the next business day after commencement of the work.
Within ten (10) days thereafter, the person shall apply for a permit and perform such work
within such time period as may be determined by the public works department to be
reasonably necessary to correct any impairment such emergency work may have caused
to the water conveyance capacity, stability or water quality of the protection area.
Any activities approved under a 404 permit issued by the corps of engineers and 401
water quality certification issued by the Missouri Department of Natural Resources.
After the effective date of this article, it shall apply to new subdividing and platting activities.
Any land development activity within a buffer established hereunder or any impervious cover within a
setback established hereunder is prohibited unless a variance is granted pursuant to subsection 13.5-
148(b) below.
(Ord. No. 2148, § 4.2, 6-22-09)
Sec. 13.5-148. - Land developments requirements.
Buffer and setback requirements. All land development activity subject to this article shall
meet the following requirements:
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(1)
(2)
(3)
(b)
(1)
(2)
(3)
a.
b.
(4)
a.
b.
For streams depicted as a solid blue line on the U.S.G.S. map, an undisturbed natural vegetativ
shall be maintained for fifty (50) feet, measured horizontally, on both banks (as applicable) of t
stream as measured from the top to the stream bank. For all other streams subject to this artic
undisturbed natural vegetative buffer shall be maintained for twenty-five (25) feet, measured
horizontally, on both banks (as applicable) of the stream as measured from the top of the strea
An additional setback shall be maintained for twenty-five (25) feet, measured horizontally,
beyond the undisturbed natural vegetative buffer, in which all impervious cover shall be
prohibited. Grading, filling and earthmoving shall be minimized within the setback.
No septic tanks or septic tank drain fields shall be permitted within the buffer or the
setback.
Variance procedures. Variances from the above buffer and setback requirements may be
granted in accordance with the following provisions:
Where a parcel was platted prior to the effective date of this article, and its shape,
topography or other existing physical condition prevents land development consistent
with this article, and the public works department finds and determines that the
requirements of this article prohibit the otherwise lawful use of the property by the
owner, the board of adjustment of Jennings may grant a variance from the buffer and
setback requirements hereunder, provided such variance requires mitigation measures to
offset the effects of any proposed land development on the parcel.
Except as provided above, the board of adjustment of Jennings shall grant no variance
from any provision of this article without first conducting a public hearing on the
application for the variance and authorizing the grant of the variance by an affirmative
vote of the board of adjustment. Jennings shall give public notice of each such public
hearing in the newspaper of general circulation within the City of Jennings.
Variances will be considered only when in the following cases:
A property's shape, topography or other physical conditions existing at the time of the
adoption of this article prevents land development unless a buffer variance is granted.
Unusual circumstances would cause strict adherence to the minimal buffer
requirements in the article to create an extreme hardship.
Variances will not be considered when, following adoption of this article, actions of any
property owner of a given property have created conditions of a hardship on that
property.
At a minimum, a variance request shall include the following information:
A site map that includes locations of all streams, wetlands, floodplain boundaries and
other natural features, as determined by field survey;
A description of the shape, size, topography, slope, soils, vegetation and other physical
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c.
d.
e.
f.
g.
h.
(5)
a.
b.
c.
d.
e.
f.
characteristics of the property;
A detailed site plan that shows the locations of all existing and proposed structures
and other impervious cover, the limits of all existing and proposed land disturbance,
both inside and outside the buffer and setback. The exact area of the buffer to be
affected shall be accurately and clearly indicated;
Documentation of unusual hardship should the buffer be maintained;
At least one (1) alternative plan, which does not include a buffer or setback intrusion,
or an explanation of why such a site plan is not possible;
A calculation of the total area and length of the proposed intrusion;
A stormwater management site plan, if applicable; and
Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request
must include an explanation of why none is being proposed.
The following factors will be considered in determining whether to issue a variance:
The shape, size, topography, slope, soils, vegetation and other physical characteristics
of the property.
The locations of all streams on the property, including along property boundaries;
The location and extent of the proposed buffer or setback intrusion; and
Whether alternative designs are possible which require less intrusion or no intrusion;
The long-term and construction water-quality impacts of the proposed variance;
Whether issuance of the variance is at least as protective of natural resources and the
environment.
(Ord. No. 2148, § 5, 6-22-09)
Sec. 13.5-149. - Compatibility with other regulations and requirements.
This article is not intended to interfere with, abrogate or annul any other ordinance, rule or
regulation, statute or other provision of law. The requirements of this article should be considered
minimum requirements, and where any provision of this article imposes restrictions different from
those imposed by any other ordinance, rule, regulation, statute 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.
(Ord. No. 2148, § 6, 6-22-09)
Sec. 13.5-150. - Additional information requirements for development on
bu er zone properties.
Any permit applications for property requiring buffers and setbacks hereunder must include the
following:
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(1)
a.
b.
c.
d.
e.
(2)
(3)
A site plan showing:
The location of all streams on the property;
Limits of required stream buffers and setbacks on the property;
Buffer zone topography with contour lines at no greater than five-foot contour
intervals;
Delineation of forested and open areas in the buffer zone; and
Detailed plans of all proposed land development in the buffer and of all proposed
impervious cover within the setback;
A description of all proposed land development within the buffer and setback; and
Any other documentation that the public works department may reasonably deem
necessary for review of the application and to ensure that the buffer zone ordinance is
addressed in the approval process.
All buffer and setback areas must be recorded on the final plat of the property following plan
approval. A note to reference the vegetated buffer shall state:
"There shall be no clearing, grading, construction or disturbance of vegetation except as
permitted by Jennings Stream Buffer Protection Ordinance".
(Ord. No. 2148, § 7, 6-22-09)
Sec. 13.5-151. - Responsibility.
Neither the issuance of a development permit nor compliance with the conditions thereof, nor with
the provision of this article, shall relieve any person from any responsibility otherwise imposed by law
for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any
liability upon Jennings, its officers or employees, for injury or damage to persons or property.
(Ord. No. 2148, § 8, 6-22-09)
Sec. 13.5-152. - Inspection.
The public works department may cause inspections of the work in the buffer or setback to be made
periodically during the course thereof and shall make a final inspection following the completion of the
work. The permittee shall assist the public works department in making such investigations as it may
reasonably deem necessary to carry out its duties as prescribed in this article. For this purpose, Jennings
shall have the authority to enter at reasonable times upon any property, public or private, for the
purpose of investigating and inspecting the sites of any land development activities within the protection
area.
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(a)
(1)
(2)
(3)
(4)
(5)
(6)
(b)
No person shall refuse entry or access to any authorized representative or agent who requests entry
for purposes of inspection, and who presents appropriate credentials; nor shall any person obstruct,
hamper or interfere with any such representative while in the process of carrying out official duties.
(Ord. No. 2148, § 9, 6-22-09)
Sec. 13.5-153. - Violations, enforcement and penalties.
Any action or inaction which violates the provisions of this article or the requirements of an approved
site plan or permit may be subject to the enforcement actions outlined in this section. Any such action or
inaction may be deemed to be a public nuisance and may be abated by injunctive or other equitable
relief. The imposition of any of the penalties described below shall not prevent such equitable relief.
Notice of violation. If the public works department determines that an applicant or other
responsible person has failed to comply with the terms and conditions of a permit, an
approved site plan or the provisions of this article, it shall issue a written notice of
violation to such applicant or other responsible person. Where a person is engaged in
activity covered by this article without having first secured the appropriate permit
therefore, the notice of violation shall be served on the owner or the responsible person
in charge of the activity being conducted on the site.
The notice of violation shall contain:
The name and address of the owner or the applicant or the responsible person;
The address or other description of the site upon which the violation is occurring;
A statement specifying the nature of the violation;
A description of the remedial measures necessary to bring the action or inaction into
compliance with the permit, the approved site plan or this article and the date for the
completion of such remedial action;
A statement of the penalty or penalties that may be assessed against the person to
whom the notice of violation is directed; and
A statement that the determination of violation may be appealed to the public works
department by filing a written notice of appeal within thirty (30) days after the notice
of violation (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).
Penalties. In the event the remedial measures described in the notice of violation have not
been completed by the date set forth for such completion in the notice of violation, any
one (1) or more of the following actions or penalties may be taken or assessed against the
person to whom the notice of violation was directed. Before taking any of the following
actions or imposing any of the following penalties, the public works department shall first
notify the applicant or other responsible person in writing of its intended action, and shall
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provide a reasonable opportunity, of not less than ten (10) days (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) to cure such violation. In the event the applicant
or other responsible person fails to cure such violation after such notice and cure period,
the public works department may take any one (1) or more of the following actions or
impose any one (1) or more of the following penalties:
Stop work order. The public works department may issue a stop work order which
shall be served on the applicant or other responsible person. The stop work order
shall remain in effect until the applicant or other responsible person has taken the
remedial measures set forth in the notice of violation or has otherwise cured the
violation or violations described therein, provided the stop work order may be
withdrawn or modified to enable the applicant or other responsible person to take
necessary remedial measures to cure such violation or violations.
Withhold certificate of occupancy. The public works department may refuse to issue a
certificate of occupancy for the building or other improvements constructed or being
constructed on the site until the applicant or other responsible person has taken the
remedial measures set forth in the notice of violation or has otherwise cured the
violations described therein.
Suspension, revocation or modification of permit. The public works department may
suspend, revoke or modify the permit authorizing the land development project. A
suspended, revoked or modified permit may be reinstated after the applicant or other
responsible [person] has taken the remedial measures set forth in the notice of
violation or has otherwise cured the violations described therein, provided such
permit may be reinstated (upon such conditions as the public works department may
deem necessary) to enable the applicant or other responsible person to take the
necessary remedial measures to cure such violations.
Penalties. For violations of this article, the public works department may issue a
citation to the applicant or other responsible person, requiring such person to appear
in Jennings Municipal Court to answer charges for such violation. Upon conviction,
such person shall be punished by a fine not to exceed one thousand dollars
($1,000.00) or imprisonment up to ninety (90) days or both. Each act of violation and
each day upon which any violation shall occur shall constitute a separate offense.
(Ord. No. 2148, § 10, 6-22-09)
Sec. 13.5-154. - Administrative appeal and judicial review.
Administrative appeal. Any person aggrieved by a decision or order of the public works
department, may appeal in writing within thirty (30) days after the issuance of such decision
or order to the public works director or his/her designee and shall be entitled to a hearing
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before the board of adjustment of Jennings within sixty (60) days of receipt of the written
appeal.
Judicial review. Any person aggrieved by a decision or order of the public works department,
after exhausting all administrative remedies, shall have the right to appeal de novo to the
Circuit Court of St. Louis County.
(Ord. No. 2148, § 11, 6-22-09)
Secs. 13.5-155—13.5-175. - Reserved.
ARTICLE X. - LAND DISTURBANCE CODE
Sec. 13.5-176. - Title.
This article shall be known as the "Jennings Land Disturbance Code."
(Ord. No. 2149, § 1, 6-22-09)
Sec. 13.5-177. - Purpose.
The purpose of this article is to protect health, safety and general welfare; to regulate and control the
design construction, use and maintenance of any development or other activity that disturbs land
surface or results in the moving of earth in Jennings in accordance with Metropolitan Sewer District
Regulations.
(Ord. No. 2149, § 1, 6-22-09)
Sec. 13.5-178. - De nitions.
For the purpose of this article, the following terms, phrases, words, and their derivations shall have
the meanings given herein. Where terms are not defined by this section, such terms shall have ordinarily
accepted meanings such as the context implies.
Best management practices or BMP: Practices, procedures or schedule of activities to
reduce the amount of sediment and other pollutants in stormwater discharges associated
with construction and land disturbance activities.
Clearing: Any activity that removes the vegetative surface cover or destroys the root
system.
Construction site or land disturbance site: A parcel of land or contiguous parcels where
land disturbance activities are performed as a part of a plan of development.
Drainageway: Any channel that conveys surface runoff though a site.
Erosion: The wearing away of land surface through the action of wind or water.
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Erosion control: Any BMP that prevents or minimizes erosion.
Grading: Reshaping the ground surface through the excavation and/or fill of material.
Land disturbance activities: Clearing, grading or any other related work which results in
removal of the natural site vegetation or destruction of the root zone or otherwise results
in leaving the ground surface exposed to soil erosion through the action of wind or water.
Perimeter control: A barrier that prevents sediment from leaving a site by filtering
sediment-laden runoff or diverting it to a sediment trap or basin.
Phasing: Clearing a parcel of land in distinct stages, with the stabilization of each phase
substantially completed before the clearing of the next.
Qualified professional: A Missouri-licensed professional engineer or other person or firm
knowledgeable in the principles and practices of erosion and sediment control, including
the BMP described in this article.
Runoff coefficient: The fraction of total rainfall that exits at the outfalls from a site.
Sediment control: Any BMP that prevents eroded sediment from leaving a site.
Stabilization: The use of BMP that prevents exposed soil from eroding from a land
disturbance site.
Start of construction: The first land disturbance activity associated with a development.
Stormwater pollution prevention plan (SWPPP): A management plan, the purpose of which
is to ensure the design, implementation, management and maintenance of BMP in order
to reduce the amount of sediment and other pollutants in stormwater discharges
associated with land disturbance activities to comply with the standards of St. Louis
County and to ensure compliance with the terms and conditions of the applicable state
permits, including adherence to the land disturbance program contained in Missouri MS4
NPDES permits.
Watercourse: A natural or artificial channel or body of water, including, but not limited to,
lakes, ponds, rivers, streams, ditches and other open conveyances that carry surface
runoff water either continuously or intermittently.
(Ord. No. 2149, § 3, 6-22-09)
Sec. 13.5-179. - Applicability.
This article shall apply to all land disturbance activity as defined in section 13.5-178 of this article.
These provisions are in addition to, and do not replace or supersede, any other requirements applicable
through St. Louis County, Missouri or federal regulations.
(Ord. No. 2149, § 4, 6-22-09)
Sec. 13.5-180. - Permits.
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Any person who intends to conduct any land disturbance activity that will disturb one (1) acre or m
must obtain a land disturbance permit from the Jennings Department of Public Works.
Any person who buys a lot for construction from a person who has been issued a permit
(unless purchased for the purpose of building their own private residence) must obtain a
separate site disturbance permit from Jennings Department of Public Works unless the
original permittee retains responsibility for the land disturbance activities on the sold lot.
Site disturbance permits are not required for the following activities:
Any emergency activity that is immediately necessary for the protection of life, property,
or natural resources.
Existing nursery and agricultural operations conducted as a permitted main or accessory
use.
Each permit application shall bear the name(s) and address(es) of the owner or developer of
the site, and of any consulting firm retained by the applicant together with the name of the
applicant's principal contact at such firm and shall be accompanied by a filing fee.
Each permit application shall be accompanied by a SWPPP, prepared for the specific site by or
under the direction of a qualified professional, and a statement that any land clearing,
construction, or development involving the movement of earth shall be in accordance with
the SWPPP.
The permit applicant will be required to file with the Jennings Department of Public Works a
faithful performance bond, letter of credit, or other improvement security in an amount
deemed sufficient by Jennings Department of Public Works to cover all costs of
improvements, landscaping, maintenance of improvements for such period as specified by
Jennings, and engineering and inspection costs to cover the cost of failure or repair of
improvements installed on the site.
The permit applicant will be required to obtain a land disturbance permit issued by the
Missouri Department of Natural Resources for any site where one (1) acre or more of land will
be disturbed, 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 larger common plan that will
ultimately disturb one (1) acre or more.
The permit applicant for any development, redevelopment, land disturbance, construction or
other undertaking to which this article is applicable shall be required to provide any and all
information necessary to enable the Metropolitan St. Louis Sewer District ("MSD"), the city
and city plan review personnel to assess and apply the principles promulgated by MSD
entitled "Site Design Guidance—Tools for Incorporating Post-Construction Stormwater Quality
Protection Into Concept Plans and Land Disturbance Permitting," as revised on April 17, 2009
and any further revisions thereto, as such standards and criteria may be promulgated by MSD
from time to time.
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All private and public projects to which this article is applicable must be reviewed and approved fo
storm water issues by the Metropolitan St. Louis Sewer District in accord with the rules, regulation
standards and procedures of that body prior to the issuance of any permits for land disturbance o
construction.
Fees for the activities of the department of public works related to land disturbance permits
shall be in accordance with the fee rates set forth in the building code, chapter 7 of Jennings
Ordinances, inspection fees. In applying the inspection fee schedule, the total estimated cost
of land disturbance activities shall include applicable grubbing, site clearing, rough grading,
sediment and erosion control measures, excavating, backfill, final grading, concrete flatwork,
asphalt pavement, and final landscaping. The department of public works may require a bona
fide contract or any affidavit of the owner of the project, in which the applicant and owner
verify the total cost of the site improvements related to the permit. The department of public
works is authorized to establish the fee by determining the plan review cost and estimating
the total number of inspections required, when in the opinion of the department of public
works, the fee resulting from this method more closely relates to the cost of enforcing the
requirements of this article.
(Ord. No. 2149, § 5, 6-22-09; Ord. No. 2354, § 16, 12-1-14)
Sec. 13.5-181. - Stormwater pollution prevention plan (SWPPP).
The design requirements in section 13.5-182 shall be taken into consideration when
developing the stormwater pollution prevention plan and the plan shall include the following:
Name, address and telephone number of the site owner and the name, address and
telephone number of the individual who will have overall responsibility of
construction/development activities at the site.
Site address and location description.
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 BMPs and such other information as Jennings may
require.
Existing contours of the site and adjoining strips of off-site property and proposed
contours after completion of the proposed grading and development, based on United
States Geological Survey datum, with established elevations at buildings, walks, drives,
streets and roads; and information on necessary clearing and grubbing, removal of
existing structures, excavating, filling, spreading and compacting.
A natural resources map identifying soils, forest cover, and resources protected under the
chapters of Jennings' Code.
An estimate of the runoff coefficient of the site prior to disturbance and the runoff
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coefficient after the construction addressed in the permit application is completed.
Estimated grading quantity.
Details of the site drainage pattern both before and after land disturbance activities.
Construction access to the site.
Description of BMPs to be utilized to control erosion and sedimentation during the period
of land disturbance.
Description of BMPs 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
drainageways during the period of construction and land disturbance.
Description of BMPs that will be installed during land disturbance to control pollutants in
stormwater discharges that will occur after land disturbance activity has been completed.
Location of temporary off-street parking, and washdown area for related vehicles.
Sources of off-site borrow material or spoil sites, and all information relative to haul
routes, trucks and equipment.
The anticipated sequence of construction and land disturbance activities, including
installation of BMPs, removal of temporary BMPs, stripping and clearing; rough grading;
construction of 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 clearing, installation of temporary erosion
and sediment control measures, and establishment of permanent vegetation.
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.
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.
Provisions for maintenance of control facilities, including easements and estimates of the
cost of maintenance.
Plans for responding to any loss of contained sediment to include the immediate actions
the permittee will take in case of a containment failure. This plan must include
documentation of actions and mandatory reporting to the department of public works.
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 BMPs are continually implemented and are effective.
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(2)
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The permittee shall amend the SWPPP whenever:
Design, and operation or maintenance of BMPs is changed;
Design of the construction project is changed that could significantly affect the quality of
the stormwater discharges;
Site operator's inspections indicate deficiencies in the SWPPP or any BMP;
Inspections by Jennings or by the Missouri Department of Natural Resources indicate
deficiencies in the SWPPP or any BMP;
The SWPPP is determined to be ineffective in significantly minimizing or controlling
erosion or excessive sediment deposits in streams or lakes;
The 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;
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 MDNR;
Total settleable solids from a stormwater outfall exceeds 2.5 ml/L/hr for any other outfall;
or
Jennings or the Missouri Department of Natural Resources determines violations of water
quality standards may occur or have occurred.
The permittee shall:
Notify all contractors and other entities (including utility crews, city employees, or their
agents) who will perform work at the site, of the existence of the SWPPP and what actions
or precautions shall be taken while on site to minimize the potential for erosion and the
potential for damaging any BMP;
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;
Provide copies of the SWPPP to all parties who are responsible for installation, operation
or maintenance of any BMP;
Maintain a current copy of the SWPPP on the site at all times.
(Ord. No. 2149, § 6, 6-22-09)
Sec. 13.5-182. - Design requirements.
Grading, erosion control practices, sediment control practices, and watercourse crossings
shall be adequate to prevent transportation of sediment from the site to the satisfaction of
the department of public works.
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(2)
(3)
(4)
(5)
(6)
(7)
(8)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(9)
(a)
(b)
Cut and fill slopes shall be no greater than 3:1, except as approved by the department of public wo
to meet other community or environmental objectives.
Materials brought to any site or property under a permit issued under this article, where said
material is intended to be utilized as fill material at the site for land disturbance, erosion or
sediment control, shall consist of clean uncontaminated earth, soil, dirt, sand, rocks, gravel or
masonry materials or other approved materials.
Clearing and grading of natural resources, such as forests and wetlands, shall not be
permitted, except when in compliance with all other chapters of Jennings Ordinances.
Clearing techniques that retain existing vegetation to the maximum extent practicable shall
be used and the time period for disturbed areas to be without vegetative cover shall be
minimized to the extent practical.
Clearing, except that necessary to establish sediment control devices, shall not begin until all
sediment control devices have been installed and have been stabilized.
Phasing shall be required on all sites disturbing greater than thirty (30) acres, with the size of
each phase to be established at plan review and as approved by the department of public
works.
Erosion control requirements shall include the following:
Soil stabilization shall be completed within five (5) days of clearing or inactivity in
construction.
If seeding or another vegetation erosion control method is used, it shall become
established within two (2) weeks or the site shall be reseeded or a non-vegetative option
employed.
Techniques shall be employed to ensure stabilization on steep slopes and in
drainageways.
Soil stockpiles must be stabilized or covered at the end of each workday or perimeter
controls must be in place to prevent silt from the stockpile from leaving the site.
The entire site must be stabilized, using a heavy mulch layer or another method that does
not require germination to control erosion, at the close of the construction season.
Techniques shall be employed to prevent the blowing of dust or sediment from the site.
Techniques shall be employed to divert upland runoff past disturbed slopes.
Sediment control requirements shall include:
Settling of basins, sediment traps, or tanks and perimeter controls.
Settling basins shall be provided for each drainage area with ten (10) or more acres
disturbed at one (1) time and shall be sized to contain one-half (0.5) inch of sediment from
the drainage area and be able to contain a two-year, 24-hour storm. If the provision of a
basin of this size is impractical, other similarly effective BMPs shall be provided. Prev Hit Next Hit
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(c)
(d)
(e)
(10)
(a)
(b)
(c)
(d)
(e)
(11)
(a)
(b)
(12)
(a)
Settling basins shall be designed in a manner that allows adaptation to provide long-term storm
management.
Settling basins shall have stabilized spillways to minimize the potential for erosion of the
spillway or basin embankment.
Protection for adjacent properties by the use of a vegetated buffer strip in combination
with perimeter controls.
Watercourse protection requirements shall include:
Encroachment into or crossings of active watercourses/riparian areas and wetlands shall
be avoided to the maximum extent practicable. Where applicable, all local, state and
federal permits and approvals shall be provided to the department of public works prior
to the issuance of a site disturbance permit.
Stabilization of any watercourse channels before, during and after any in-channel work.
If a defined watercourse is to be realigned or reconfigured, clearing and grubbing
activities within fifty (50) feet of the watercourse shall not begin until all material and
equipment necessary to protect the watercourse and complete the work are on site. Once
started, work shall be completed as soon as possible. Areas within fifty (50) feet of the
watercourse shall be recontoured and revegetated, seeded or otherwise protected within
five (5) working days after grading has ceased.
All stormwater conveyances shall be designed according to the criteria of the
Metropolitan St. Louis Sewer District (MSD) and the necessary MSD permits obtained.
Stabilization adequate to prevent erosion shall be provided at the outlets of all pipes and
paved channels.
Construction site access requirements shall include:
A temporary access road provided at all sites including a washdown area supporting all
active sites.
Plan to ensure that sediment is not tracked onto public streets by construction vehicles or
washed with wash effluent channeled directly into storm drains.
Control requirements for construction materials, construction wastes and other wastes
generated on site shall include provisions, satisfactory to the department of public works, for:
Spill prevention and control facilities for materials such as paint, solvents, petroleum
products, chemicals, toxic or hazardous substances, substances regulated under the
Resource Conservation and Recovery Act (RCRA) or the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA), and any wastes generated from the
use of such materials and substances, including their containers. Any containment
systems employed to meet this requirement shall be constructed of materials compatible
with the substances contained and shall be adequate to protect both surface and
groundwater. Prev Hit Next Hit
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> ARTICLE I. - IN GEN…
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(b)
(c)
(d)
(e)
(f)
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(2)
(3)
Collection and disposal of discarded building materials and other construction site wastes,
including those listed above.
Litter control.
Control of concrete truck washouts.
Assurance that on-site fueling facilities will adhere to applicable federal and state
regulations concerning storage and dispensers.
Provision of sufficient temporary toilet facilities to serve the number of workers on-site.
(Ord. No. 2149, § 7, 6-22-09)
Sec. 13.5-183. - Inspections.
The department of public works shall make inspections as hereinafter required and either
shall approve that portion of the work completed or shall notify the permittee wherein the
work fails to comply with the grading, erosion and sediment control plan as approved. Plans
for grading, stripping, excavating, and filling work bearing the stamp of approval of the
department of public works shall be maintained at the site during the progress of the work.
To obtain inspections, the permittee shall notify the department of public works at least two
(2) working days before the following:
Start of construction.
Installation of sediment and erosion measures.
Completion of site clearing.
Completion of rough grading.
Completion of final grading.
Close of the construction season.
Completion of final landscaping.
In addition to the inspections otherwise required, the department of public works is
authorized to perform and charge fees for extra inspections or reinspections which in their
judgment are reasonably necessary due to noncompliance with the requirements of this
article or to otherwise ensure proper installation, operation and maintenance of stormwater
BMPs and to determine the overall effectiveness of the SWPPP.
The permittee or his/her agent shall cause regular inspections of the land disturbance site,
including all erosion and sediment and other pollutant control measures, outfalls, and off-site
receiving waters in accordance with the inspection schedule outlined in the approved SWPPP
by a qualified special inspection. Inspections must be scheduled at least once per week and
no later than seventy-two (72) hours after a heavy rain. The purpose of such inspections will
be to ensure proper installation, operation and maintenance of BMPs and to determine the
overall effectiveness of the SWPPP and the need for additional control measures. All
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(a)
(b)
(c)
(d)
(e)
(1)
(a)
(b)
(c)
(d)
(e)
(f)
inspections shall be documented in written form on weekly reports with copies submitted to
the department of public works at the time interval specified in the permit. The inspection
reports are to include the following minimum information:
Inspector's name and signature;
Date of inspection;
Observations relative to the effectiveness of the BMPs;
Actions taken or necessary to correct deficiencies; and
A listing of areas where land disturbance operations have permanently or temporarily
stopped.
In addition, the permittee shall notify the site contractor(s) responsible for any deficiencies identified
so that deficiencies can be corrected within seven (7) calendar days of the weekly inspection report.
(Ord. No. 2149, § 8, 6-22-09)
Sec. 13.5-185. - Violations, enforcement and penalties.
Any action or inaction which violates the provisions of this article or the requirements of an approved
SWPPP or permit may be subject to the enforcement actions outlined in this section. Any such action or
inaction may be deemed to be a public nuisance and may be abated by injunctive or other equitable
relief. The imposition of any of the penalties described below shall not prevent such equitable relief.
If the public works department determines that an applicant or other responsible person
has failed to comply with the terms and conditions of a permit, an approved SWPPP or the
provisions of this article, it shall issue a written notice of violation to such applicant or
other responsible person. Where a person is engaged in activity covered by this article
without having first secured the appropriate permit therefore, the notice of violation shall
be served on the owner or the responsible person in charge of the activity being
conducted on the site.
The notice of violation shall contain:
The name and address of the owner or the applicant or the responsible person;
The address or other description of the site upon which the violation is occurring;
A statement specifying the nature of the violation;
A description of the remedial measures necessary to bring the action or inaction into
compliance with the permit, the approved SWPPP or this article and the date for the
completion of such remedial action;
A statement of the penalty or penalties that may be assessed against the person to
whom the notice of violation is directed; and
A statement that the determination of violation may be appealed to the public works
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(2)
(a)
(b)
(c)
department by filing a written notice of appeal within thirty (30) days after the notice
of violation (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).
In the event the remedial measures described in the notice of violation have not been
completed by the date set forth for such completion in the notice of violation, any one (1)
or more of the following actions or penalties may be taken or assessed against the person
to whom the notice of violation was directed. Before taking any of the following actions or
imposing any of the following penalties, the public works department shall first notify the
applicant or other responsible person in writing of its intended action, and shall provide a
reasonable opportunity, of not less than ten days (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) to cure such violation. In the event the applicant or other
responsible person fails to cure such violation after such notice and cure period, the
public works department may take any one (1) or more of the following actions or impose
any one (1) or more of the following penalties:
Stop work order. The public works department may issue a stop work order which
shall be served on the applicant or other responsible person. The stop work order
shall remain in effect until the applicant or other responsible person has taken the
remedial measures set forth in the notice of violation or has otherwise cured the
violation or violations described therein, provided the stop work order may be
withdrawn or modified to enable the applicant or other responsible person to take
necessary remedial measures to cure such violation or violations.
Suspension, revocation or modification of permit. The public works department may
suspend, revoke or modify the permit authorizing the land disturbance activity. A
suspended, revoked or modified permit may be reinstated after the applicant or other
responsible [person] has taken the remedial measures set forth in the notice of
violation or has otherwise cured the violations described therein, provided such
permit may be reinstated (upon such conditions as the public works department may
deem necessary) to enable the applicant or other responsible person to take the
necessary remedial measures to cure such violations.
Penalties. For violations of this article, the public works department may issue a
citation to the applicant or other responsible person, requiring such person to appear
in Jennings Municipal Court to answer charges for such violation. Upon conviction,
such person shall be punished by a fine not to exceed one thousand dollars
($1,000.00) or imprisonment up to ninety (90) days or both. Each act of violation and
each day upon which any violation shall occur shall constitute a separate offense.
(Ord. No. 2149, § 9, 6-22-09)
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(1)
(2)
(1)
(2)
(3)
Sec. 13-101. - Enforcement provision.Chapter 14 - FOOD AND FOOD HANDLERS
Sec. 13.5-186. - Administrative appeal and judicial review.
Any person aggrieved by a decision or order of the public works department, may appeal in
writing within thirty (30) days after the issuance of such decision or order to the public works
director or his/her designee and shall be entitled to a hearing before the board of adjustment
of Jennings within sixty (60) days of receipt of the written appeal.
Any person aggrieved by a decision or order of the public works department, after exhausting
all administrative remedies, shall have the right to appeal de novo to the Circuit Court of St.
Louis County.
(Ord. No. 2149, § 10, 6-22-09)
Sec. 13.5-187. - Project closure requirements.
Any site development escrows or bonds or other improvement security will be not be fully released
to the site operator or permittee until all of the following have been completed:
All temporary stormwater control BMPs have been removed and the site has been fully
stabilized.
All permanent stormwater control BMPs have been completed.
All final inspections/certifications have been completed by each of the government
jurisdictions involved in authorizing the project.
(Ord. No. 2149, § 11, 6-22-09)
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> Chapter 27 - PLAN…> ARTICLE I. - IN GEN…
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> ARTICLE 2. - COMP…
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> APPENDIX A - ZONI…> ARTICLE 2. - COMP…
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