HomeMy Public PortalAboutCity of Kirkwood BILL 10702
ORDINANCE 10546
AN ORDINANCE AMENDING CHAPTER 5 BY CREATING A NEW ARTICLE VI. "INFILL
DEVELOPMENT STORM WATER MANAGEMENT", REDESIGNATING ARTICLE VI "FEE
SCHEDULE" TO A NEW ARTICLE VII. AND AMENDING VARIOUS SECTIONS OF THE CODE
FOR CONSISTENCY.
WHEREAS, the City has been working with a consultant on the best management practices for
storm water management for infill development, and
WHEREAS, the City Council believes it is in the best interest of Kirkwood citizens to amend the
Code to include a section entitled an"Infill Development Storm Water Management."
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KIRKWOOD, MISSOURI, AS FOLLOWS:
SECTION 1. Chapter 5, Article VI"Fee Schedule" is hereby redesignated as Article VII. and a
new Chapter 5, Article VI"Infill Development Storm Water Management"is hereby created as follows:
ARTICLE VI. INFILL DEVELOPMENT STORM WATER MANAGEMENT
Sec. 5-200. Purpose
The purpose of this ordinance is to provide storm water rules, regulations and standards to
establish best management practices (BMP's) for infill development within the City of Kirkwood,
Missouri, in order to promote the public health, safety, convenience and general welfare of the
municipality.
Sec. 5-201. Definitions
Best Management Practice (BMP) means a structural device, measure, facility, or activity that
helps to achieve storm water management control objectives at a designated site.
Impervious Area (IA) means the portion of a parcel of property that is covered by any material,
including without limitation roofs, streets, sidewalks and parking lots paved with asphalt, concrete,
compacted sand, compacted gravel or clay, that substantially reduces or prevents the infiltration of storm
water. Impervious area shall not include natural undisturbed surface rock.
Infill Development Storm Water Guidance Document means the latest edition of the manual
"Storm Water Management Guidance, City of Kirkwood Green Infrastructure Techniques for Storm
Water Management"maintained by the Department of Public Services.
Lot means a tract, plot or portion of a subdivision or parcel of land intended as a unit for the
purpose, whether immediate or future,for transfer of ownership or for building development.
Maintenance Agreement means an agreement between the current property owner and the City
where the property owner agrees to maintain any installed BMPs on the property.
Net Additional Impervious Area means the impervious area calculated by subtracting the present
impervious area in the most currently available aerial photography data or current site survey from the
proposed post-development impervious area and maintaining the original property boundary as the
regulated project boundary, regardless of subdivision, re-plat, horizontal property regime, or any other
modification of property boundaries by deed or plat.
Plan means a document approved at the site design phase that outlines the measures and practices
used to control storm water runoff at a site.
Regulated Infill Development means the creation of Net Additional Impervious Area of at least
1,000 square feet or causing the total impervious area on the lot to be twenty-five (25) percent or greater
of the total lot area for commercial, industrial, or residential real property through new development,
redevelopment, or rehabilitation of existing lots.
Storm Water means any surface flow, runoff and drainage consisting entirely of water from any
form of natural precipitation and resulting from such precipitation.
Vacant Lot means any lot containing no current permanent structure(s) and no permanent
structures visible on the aerial photography dated 2001 maintained by the City.
Sec. 5-202. Regulated Infill Development—Requirements
All Regulated Infill Development shall not proceed without a permit and shall meet the
requirements of this section.
(a) All Regulated Infill Development creating one thousand (1,000) square feet or more of
Net Additional Impervious area is required to treat,by means of capture, the first 1.14" of
rainfall runoff, for impervious area equal to the Net Additional Impervious Area. Vacant
Lots shall be subject to this requirement.
(b) All Regulated Infill Development causing the total impervious area on the lot to be
twenty-five (25) percent or greater of the total lot area are required to treat, by means of
capture, the first 1.14" of rainfall runoff, for the amount of impervious area greater than
twenty-five (25) percent of the total lot area or the Net Additional Impervious Area,
whichever is greater.
(c) All Regulated Infill Development required to provide storm water quality or quantity
control BMP's by the Metropolitan St. Louis Sewer District MSD shall be exempt from
the requirements of items(a)and(b)of this section.
(d) All new development and redevelopment sites that disturb greater than or equal to one(1)
acre, including projects that are part of a larger common parcel or project that is greater
than one (1) acre shall have development plans submitted to the Metropolitan St. Louis
Sewer District (MSD) for review and approval prior to the issuance of any building
permits.
(e) All development proposed for commercial, industrial, or multi-family use regardless of
disturbed area shall have development plans submitted to the Metropolitan St. Louis
Sewer District (MSD) for review and approval prior to the issuance of any building
permits.
(f) Construction of an approved storm water BMP(s) shall not require a separate permit if
installed in conjunction with associated construction activities requiring a permit from the
Department of Public Services.
(g) Approved storm water BMP(s) constructed in association with any permitted work not
requiring a Residential Site Restoration Escrow or Performance Guarantee shall require a
Storm Water BMP Construction Escrow as set forth in Chapter 5, Article VII Fee
Schedule.
(h) All Regulated Infill Development shall comply with the provisions of Chapter 5, Article
V of this code.
(i) All Regulated Infill Development shall comply with all applicable provisions of
Appendix A—Zoning Ordinance §10103
The owner/developer of a project qualifying as Regulated Infill Development shall endeavor to treat the
first 1.14" of rainfall runoff from the net added impervious area using methods from the Infill
Development Storm Water Guidance Document. If this treatment proves impractical, improving
downstream drainage to mitigate a known flooding problem with assistance from a professional engineer
may be considered for all or part of the 1.14" treatment requirement. Final determination of allowable
alternate method to be made by Director of Public Services.
Sec. 5-203. Sump Pumps
(a) All projects which include the installation of sump pumps or existing sump pumps with
discharges causing a nuisance per Chapter 16 Section 2 of this code must discharge to
one of the following BMP's per the Infill Development Storm Water Guidance
Document:
(1) Drywell sized to treat a minimum of 175 square feet of contributing area and
located a minimum of 10' from any property line, or
(2) Vegetated filter strip sized to treat a minimum of 175 square feet of contributing
area and sump pump discharge located a minimum of 20' from any property line.
(b) BMP's for sump pump discharges listed in this section may contribute to the required
BMP's for Regulated Infill Development by section 5-202.
Sec. 5-204. Storm Water Design Manual
The Director of Public Services shall maintain the "Storm Water Management Guidance, City of
Kirkwood Green Infrastructure Techniques for Storm Water Management" as adopted by resolution by
the City Council. The latest version as adopted by resolution by the City Council shall be followed by all
persons planning or constructing Regulated Infill development within the city limits.
Sec. 5-205. BMP Maintenance and Inspection
(a) Prior to the issuance of any permit for a development involving any Regulated Infill
storm water BMP, the owner(s) of the site must execute a maintenance agreement that
shall be binding on all subsequent owners of land served by the storm water BMP. The
agreement shall provide for access to the BMP and the land it serves at reasonable times
for periodic inspection by City or City's designee and for regular or special evaluations of
property owners to ensure that the BMP is maintained in proper working condition to
meet City storm water requirements. The maintenance agreement shall be recorded with
St. Louis County Recorder of Deeds and a recorded copy of the agreement shall be
provided to the City by the owner prior to issuance of any permit.
(b) The owner(s) of every regulated infilI development site shall be responsible for
maintaining storm water BMPs in an effective state as determined in the sole judgment of
City after completion of construction.
(c) Occupancy permits shall not be granted until all storm water BMPs have been inspected
and approved by City.
Sec. 5-206. Enforcement—Notice of Violation
Whenever the Director or the Director's designees, including inspectors within the City's
Department of Public Services, find that a person has violated the terms of the maintenance agreement or
failed to meet a requirement of this Chapter, the Director or his or her designee may order compliance in
accordance with procedures set forth in Chapter 5, Article III Property Maintenance Code.
Sec. 5-207. Violation Penalties
Violation of the provisions of this ordinance or failure to comply with any of its requirements (including
violations of conditions and safeguards established in connection with granting of variances) shall be
subject to penalties in accordance with Chapter 5,Article III Property Maintenance Code.
SECTION 2. Chapter 5, Article VII "Fee Schedule" is hereby amended to add the following
table to Section 5-109:
TABLE 3—ESCROWS
Item Amount Remark
Residential Site Restoration Escrow $5,000.00 100%refundable upon final inspection
and acceptance by the Department of
Public Services
Storm Water BMP Construction Escrow $1,000.00 100% refundable upon final inspection
and acceptance by the Department of
Public Services
SECTION 3. Amend Chapter 5, Section 5-21 is hereby amended to add the following to the
2009 International Property Maintenance Code:
PM 302.11 —Storm water BMP's: All storm water BMP facilities shall be maintained in an
effective state and operate as designed per the City of Kirkwood Infill Development Storm Water
Guidance Document and per the recorded Storm Water Management BMP facilities maintenance
agreement.
PM 202— General Definitions:
Best Management Practice (BMP) means a structural device, measure, facility, or activity that
helps to achieve storm water management control objectives at a designated site.
Storm Water means any surface flow, runoff and drainage consisting entirely of water from any
form of natural precipitation and resulting from such precipitation.
Storm Water Management BMP Facilities Maintenance Agreement means an agreement between
the current property owner and the City where the property owner agrees to maintain any
installed BMPs on the property.
SECTION 4. Chapter 16 is hereby amended to include the following:
Sec. 16-2. Nuisances enumerated.
(q) Any water discharge causing dirt, mud, ice or filth, caused or permitted on any private
sidewalk, driveway, or patio creating a hazard to users of the premises.
SECTION 5. Chapter 17, is hereby amended by deleting Section 17-242 (a) and (c) in its
entirety and inserting the following:
Sec. 17-242 Water Control.
(a) No person shall direct storm water or sump pump discharge water through a pipe, culvert,
or drain, which discharges within ten feet of the adjacent property line except for (1)
house roof or foundation drains, which may be discharged within two feet of the house
foundation, (2) discharge into an open natural swale or creek on the same property.
(c) No person shall direct water through a pipe, culvert, drain, or sump pump across a public
sidewalk, private driveway, walkway, or patio. Water may be directed to the street
pavement or a pipe may be connected to a public storm sewer inlet providing the system
is maintained by the property owner and received approval from the Metropolitan St.
Louis Sewer District.
SECTION 6. This Ordinance shall be in full force and effect after its passage and approval, as
provided by law.
PASSED AND APPROVED THIS 3`m DAY OF JANUA Y 2Q19�
•
Mayor, City of K rkwood
A EST:
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City Clerk
1" Reading: December 20, 2018
2"d Reading: January 3, 2019