HomeMy Public PortalAboutCity of OlivetteChapter 422
STORMWATER MANAGEMENT
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ARTICLE I
Short Title, Intent And Purpose
Section 422.010.Short Title.[Ord. No. 2601,2-28-20171]
This Chapter shall be known and may be cited as "The Stormwater
Management Ordinance of the City of Olivette, Missouri."
Section 422.020.Intent And Purpose.[Ord. No. 2601,2-28-2017]
A.This Chapter is intended to be utilized in conjunction with the Zoning
Ordinance,Subdivision Code,Stream Buffer Protection Ordinance and
Rights-of-Way Usage and Grading Ordinance of the City of Olivette,
Missouri,to ensure that the development of land in the City of Olivette
occurs in a manner that protects,provides for and promotes the public
health,safety,convenience,comfort and general welfare of the
residents of Olivette.
B.The Clean Water Act Phase II Stormwater Regulations were
promulgated to provide appropriate stormwater management of non-
point source pollution in urbanized areas,and these regulations apply
to the watersheds located within the Metropolitan St.Louis Sewer
District (MSD).Olivette recognizes that as an urban mature community
which has traditionally been developed to facilitate stormwater
drainage onto streets,catch basins,detention areas and streams,the
City must be cognizant of the quality of water that is being generated
and directed into surrounding watersheds.The intent of this Chapter is
to establish the regulations and guidelines for how stormwater is
managed, purified and detained on private and public property.
C.Specific purposes of this Chapter include the following:
1.To control and manage stormwater on developed property;
2.Minimize adverse stormwater effects on adjoining and nearby
properties;
3.Improve the water quality and limit the sources of impairment
within adjacent streams, basins and watersheds;
4.Commit the City of Olivette to the St.Louis County Phase II
Stormwater Management Plan;
5.To ensure the orderly development of land; and
6.To protect and to conserve the value of building and other
improvements and to minimize adverse impact of development on
adjoining or nearby properties.
1.Editor's Note: Former Chapter 422, Stormwater Management, containing Sections
422.010 through 422.080 was repealed 2-28-2017 by Ord. No. 2601.
Section
422.010
STORMWATER MANAGEMENT Section
422.030
422:3
Section 422.030.Conflicts With Other Ordinances.[Ord. No. 2601,
2-28-2017]
Wherever conflicts exist between the regulations and minimum standards
set forth in this Chapter with other regulations,ordinances or resolutions,
the more restrictive or higher standard shall apply.
Section
422.030
OLIVETTE CITY CODE Section
422.030
422:4
ARTICLE II
Definitions
Section 422.040.Definitions.[Ord. No. 2601,2-28-2017]
The following words,terms and phrases,when used in this Chapter,shall
have the meanings ascribed in this Section.
BEST MANAGEMENT PRACTICES —Also known as BMPs,best
management practices are control measures taken to mitigate changes to
both quantity and quality of urban runoff caused through changes in land
use.Generally BMPs focus on water quality problems caused by increased
impervious surfaces from land development.BMPs are designed to reduce
stormwater volume,peak flows and/or non-point source pollution through
evapotranspiration,infiltration,detention,and filtration or biological and
chemical actions.
BMPs —Best Management Practices.
CLEAN WATER ACT PHASE II STORMWATER REGULATIONS —The Clean
Water Act amendments of 1987 Phase II regulations,which were published
in the December 8,1999,Federal Register.These regulations require all
municipalities to have National Pollution Discharge Eliminations System
(NPDES)permit.The City of Olivette is a co-permittee under the NPDES
titled St. Louis County Phase II Stormwater Management Plan.
COMMISSION —The City of Olivette Planning and Community Design
Commission.
COMMUNITY DESIGN REVIEW —The review of site plan documents by the
City of Olivette Planning and Community Design Commission in accordance
to the procedures outlined in Chapter 425,Community Design –Generally
or Chapter 428, Olive Boulevard Corridor of the Olivette Municipal Code.
CONCEPT STORMWATER MANAGEMENT PLAN —A plan specified in
Section 422.070 that identifies and illustrates how stormwater will be
managed on the site grounds.
DIRECTOR —The City's Director of Planning and Community Development
or his or her designee.
EXCAVATION AND GRADING ORDINANCE —Chapter 520 of the Olivette
Municipal Code regulating excavations,acts by which earth,sand,gravel,
rock or any other similar material is cut into,dug,quarried,uncovered,
removed,displaced,relocated or bulldozed and shall include the conditions
resulting therefrom,and grading,any excavation or fill or any combination
thereof and shall include the conditions resulting from any excavation or fill.
IMPERVIOUS SURFACE —A surface that does not allow water or other
liquids to pass through it.(for example:concrete or asphalt streets,
sidewalks,driveways,parking lots and patio pavements;building rooftops;
etc.)
LOT COVERAGE —The residential lot coverage as defined under Chapter
400, Zoning Regulations.
Section
422.040
STORMWATER MANAGEMENT Section
422.040
422:5
METROPOLITAN SAINT LOUIS SEWER DISTRICT —Also referred to as
MSD.In the interest of the public health and for the purpose of providing
adequate sewer and drainage facilities within defined boundaries which
wholly include the City of Olivette,Section 30 of Article VI of the
Constitution of Missouri established a metropolitan sewer district known by
and under the name of "The Metropolitan St. Louis Sewer District."
MSD —The Metropolitan Saint Louis Sewer District.
NATURAL RESOURCES —As applied under this Chapter,a natural
resource is an undisturbed environment consisting of,or a combination
of,streams,waterways,recreational green space,wildlife habitats,natural
vegetated areas,a congregation of trees and foliage,slopes,rock cropping
and hillsides that is unique to the built-up urban surrounding.
NON-POINT SOURCE POLLUTION —Water pollution affecting a water
body from diffuse sources,in this case contaminated stormwater washed off
of parking lots, roads and highways, and lawns.
PERVIOUS SURFACE —A surface that allows inflow of rainwater or other
liquids into the underlying construction or soil.(for example:grass or
vegetated area, pervious concretes or pervious construction materials.)
RESIDENTIAL FLOOR AREA —The residential floor area as defined under
Chapter 400, Zoning Regulations.
SINGLE-FAMILY SITE ALTERATIONS —Any site alteration of single-family
homes,residential additions,single-family detached and attached
residential exterior alterations and single-family residential detached
structures.
SITE ALTERATIONS —Any development or redevelopment requiring the
application for community design review,site plan review or the subdivision
of land in accordance with the procedures outlined in the Subdivision Code.
SITE PLAN —A series of construction documents required under Chapter
400,Zoning Ordinance with additional requirements under Chapter 425,
Community Design –Generally or Chapter 428,Community Design –Olive
Boulevard Corridor of the Olivette Municipal Code.
SITE PLAN REVIEW —The review of site plan documents by the City
of Olivette Planning and Community Design Commission in accordance to
the procedures outlined in Chapter 400,Zoning Ordinance with additional
requirements under Chapter 425,Community Design Generally or Chapter
428,Community Design,Olive Boulevard Corridor of the Olivette Municipal
Code.
SITE RESOURCE MAP —A part of the Concept Stormwater Management
Plan specified in Section 422.070.
ST.LOUIS COUNTY PHASE II STORMWATER MANAGEMENT PLAN —
Also known as the SWMP,the SWMP was developed in partnership with
sixty (60)co-permittees and MSD to comply with stormwater permit
requirements for the St.Louis Metropolitan Small Municipal Separate
Storm Sewer System (MS4)to meet the National Pollution Discharge
Section
422.040
OLIVETTE CITY CODE Section
422.040
422:6
Elimination System permit system required under the Clean Water Act
Phase II Stormwater Regulations.The purpose of the SWMP is to prevent
harmful pollutants from being carried by stormwater runoff into local water
bodies and to improve the water quality in the area.
STORMWATER —R ainfall or other forms of precipitation.Stormwater
runoff is the result of stormwater washing across impervious surfaces,
carrying with it the pollutants found on streets,parking lots,rooftops,etc.
These pollutants end up in watersheds.
STREAM BUFFER PROTECTION ORDINANCE —Chapter 420 of the
Olivette Municipal Code which creates buffer zones along the streams
of Olivette for the protection of water resources;and minimizes land
development within such buffers by establishing buffer zone requirements
and by requiring authorization for any such activities.
SUBDIVISION CODE —Chapter 405 of the Olivette Municipal Code
governing the division or redivision of land into two (2)or more lots,
creation of condominiums,consolidation of two (2)or more tracts of land
into one (1)lot,and any adjustment of boundaries of property or
subdivisions.
UNDISTURBED —As applied under this Chapter,a naturally developed
vegetated area or other natural terrain features.
WATERSHEDS —An area of land where the runoff from rain and snow
will ultimately drain to a particular stream,river,wetland or other body of
water.
ZONING ORDINANCE —Chapter 400 of the Olivette Municipal Code,
which specifies the type of use to which property may be put in specific
areas, defines:
The purpose for which the ordinance is adopted;1.
The various zoning classifications and permitted uses within each;2.
Restrictions, such as height limitations;3.
The procedure for handling non-conforming uses;4.
The procedure for granting amendments,variances and hearing
appeals; and
5.
Penalties for violation of the ordinance.6.
Section
422.040
STORMWATER MANAGEMENT Section
422.040
422:7
ARTICLE III
General Regulations
Section 422.050.Applicability.[Ord. No. 2601,2-28-2017]
A.Provisions of this Chapter shall apply to all residential and non-
residential site alterations.These requirements are in addition to,and
do not replace or supersede,any other applicable stormwater
regulations established under State law and approval or exemption
from these requirements does not constitute approval or exemption
from stormwater management regulations established under State law
or from other applicable local, State or Federal regulations.
1.Grandfather Provisions.This Chapter shall not apply to the
following activities:
a.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 Chapter.
b.Existing development and ongoing 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 zoning and buffer
requirements.
c.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
Chapter.
d.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 Chapter.
2.Exemptions.The following specific activities are exempt from this
Chapter.Exemption of these activities does not constitute an
exemption for any other activity proposed on a property.
a.Activities for the purpose of building one (1) of the following:
(1)A stream crossing by a driveway,transportation route or
utility line;
(2)Public water supply intake or public wastewater
structures or stormwater outfalls;
(3)Intrusions necessary to provide access to a property;
Section
422.050
STORMWATER MANAGEMENT Section
422.050
422:9
Section 422.060.Principles And Acceptable Practices.[Ord. No.
2601,2-28-2017]
(4)Public access facilities that must be on the water including
boat ramps,docks,foot trails leading directly to the river,
fishing platforms and overlooks;
(5)Unpaved foot trails and paths;
(6)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.
b.Public Sewer Line Easements.This includes such impervious
surface cover as is necessary for the operation and
maintenance of the utility,including,but not limited to,
manholes, vents and valve structures.
c.Land development activities within a right-of-way existing at
the time this Chapter takes effect or approved under the terms
of this Chapter.
d.Within an easement of any utility existing at the time this
Chapter takes effect or approved under the terms of this
Chapter,land disturbance activities and such impervious
surface cover as is necessary for the operation and
maintenance of the utility,including,but not limited to,
manholes, vents and valve structures.
e.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 Services 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
Services Department to be reasonably necessary to correct any
impairment such emergency work may have caused to the
water conveyance capacity, stability or water quality.
f.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.
A.Purpose And Objective.The City of Olivette recognizes that
redevelopment of property,either in the form of expansion or new
construction,in a developed community is unique and challenging as it
relates to managing stormwater.Given that redevelopment in Olivette,
whether residential or non-residential,occurs on a lot by lot basis,
addressing stormwater issues that go beyond the scope of the property
being developed is limited.
Section
422.050
OLIVETTE CITY CODE Section
422.060
422:10
In an effort to adequately plan for and resolve stormwater issues on
a City-wide basis as individual lots redevelop,the adoption of the
following underlying principles are intended to provide the City
guidance during the review of site alterations.These principles will be
applied so as to manage stormwater on two (2) levels:
a.The stormwater impacting the property under review from
adjacent and surrounding properties, and
b.The impacts of the stormwater generated by the existing and
proposed improvements on the property grounds under review
onto adjacent and surrounding properties.
These principles and acceptable practices will be utilized by the City
to manage stormwater generated on a site due to new construction
or reconstruction and to minimize the adverse impact of any increase
of stormwater onto adjacent and surrounding properties.These
principles and acceptable practices are to manage stormwater and
should not be construed as a means for reducing or eliminating
stormwater that is already generated on or surrounding the site.
B.Principles.
1.Applications for site alterations approvals shall be designed and
reviewed in accordance to the following acceptable principles:
a.Encourage the reduction of:
(1)Disturbance to preserved greenspace,buffers,zoning
setbacks,and sensitive areas such as flood plains and
stream buffers;
(2)Impervious surface areas such as rooftops,parking lots,
sidewalks, roads, etc.;
(3)Stormwater generation and the amount of stormwater
leaving the site;
(4)The impact to environmentally sensitive areas; and
b.Minimize:
(1)Erosion of site soils;
(2)Stream bank erosion;
(3)Downstream flooding.
c.Promote the use of pervious surface materials,such as
permeable paver blocks,porous asphalt,porous concrete and
green roofs.
d.Encourage the stormwater generated on the site grounds to
filter,disperse and permeate on the site grounds through the
Section
422.060
STORMWATER MANAGEMENT Section
422.060
422:11
use of overland flow to vegetated buffers and other "green"
infrastructure techniques that promote infiltration.
e.Avoid the direct flow of stormwater generated from impervious
surface areas to the storm sewer system.
f.Encourage the installation of engineered systems that treat
stormwater runoff and/or reduce peak stormwater runoff rates
using techniques that employ vegetation and infiltration.
g.Adequately treat stormwater before discharge.
h.Stormwater controls shall be maintainable and enforceable.
2.Acceptable Practices.To promote the adopted principles,the City
of Olivette has adopted the following two (2)documents developed
by the MSD as reference resources for acceptable practices and
tools to manage stormwater, as may be revised from time to time:
a.Site Guidance Design.Tools for incorporating post-
construction stormwater quality protection into concept plans
and land disturbance permitting. Revision 1, April 17, 2009.
b.Landscape Guide For Stormwater BMPs Design.
Copies of the adopted documents are on file in the office of the Director
of Public Services.In addition to the adopted documents,the
Commission may accept the utilization of other BMPs if the applicant
can satisfactorily show the Commission,and that the Commission
determines,that said practice will equally facilitate the principles and
practices outlined in Section 422.060.
Section
422.060
OLIVETTE CITY CODE Section
422.060
422:12
ARTICLE IV
Review And Approval
Section 422.070.Concept Stormwater Management Plan.[Ord. No.
2601,2-28-2017]
Section 422.080.Single-Family Residential Development.[Ord. No.
2601,2-28-2017]
A.Intent And Purpose.The evaluation of a Concept Stormwater
Management Plan is intended to ensure the adequate review and
consideration of potential stormwater management impacts of
proposed site alterations upon the surrounding uses,activities,
properties,the existing stormwater infrastructure,and the watershed,
and that the site alterations adhere to the principles and acceptable
practices outlined in Section 422.060.
1.The Concept Stormwater Management Plan shall illustrate how the
proposed site alternations will:
a.Preserve and/or protect existing natural resources areas that
facilitate pollutant removal and reduce runoff.
b.Limit disturbance and preserve existing pervious surface areas
and sensitive areas such as flood plains and stream buffers.
c.Reduce the amount of impervious surface area.(i.e.,rooftops,
parking lots, sidewalks, roads, etc.)
d.Disconnect the stormwater flow generated from impervious
surface areas from the MSD built stormwater infrastructure
system and utilize overland flow to vegetated buffers and other
"green" infrastructure techniques that promote infiltration.
e.Use pervious surface materials,such as permeable paver
blocks, porous asphalt, porous concrete and green roofs.
f.Install engineered systems that treat stormwater runoff and/or
reduce peak stormwater runoff rates using techniques that
employ vegetation and infiltration.
B.Submission Requirements.Submission requirements for the Concept
Stormwater Management Plan shall be in accordance with the
standards identified in Section 400.1080.
1.The Concept Stormwater Management Plan may be incorporated
into other documents identified in Section 400.1080,if in the
opinion of the Director of Public Services,there will be sufficient
detail provided.
C.Review Procedure.Applications shall be reviewed in accordance with
the review procedures identified in Section 400.1090.
Section
422.070
STORMWATER MANAGEMENT Section
422.080
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Section 422.090.Integration With Site Plan Review Procedures And
MSD Stormwater Quality Review.[Ord. No. 2601,2-28-2017]
Before an application for a building permit is submitted for a site alteration,
except single-family site alterations,the application for site alterations,
including the site plan documents and Concept Stormwater Management
Plan approved by the Commission,must be reviewed and approved by the
MSD.
A.Applications for detached single-family residential shall provide for the
following on-site detention:[Ord. No. 2686,11-26-2019]
1.Construction Of New Detached Single-Family Home.Volume
designed to accommodate the entire roof area based on a 15-year,
20-minute rain event.
2.Lot Coverage.Residential addition,reconstruction,or
improvement in which the combined lot coverage is increased as
follows:
a.One thousand two hundred (1,200)square feet or more.
Volume designed to accommodate the proposed impervious
area based on a 15-year, 20-minute rain event.
b.Four hundred (400)square feet or more,but less than one
thousand two hundred (1,200)square feet.Incorporate BMPs
as noted under Section 422.060 to minimize the stormwater
impact generated by the proposed improvement.
3.Residential addition,reconstruction,or improvement in which the
residential combined floor area is increased as follows:
a.Four Hundred (400)Square Feet Or More.Incorporate BMPs
as noted under Section 422.060 to minimize the stormwater
impact generated by the proposed improvement.
Section
422.080
OLIVETTE CITY CODE Section
422.090
422:14