oEPA
United States
Environmental Protection
Agency
2012 GREEN INFRASTRUCTURE TECHNICAL ASSISTANCE PROGRAM
City of Neosho
Neosho, Missouri
Green Infrastructure Barriers and Opportunities in
Neosho, Missouri
An Evaluation of Local Codes and Ordinances
Photo credit: Martina Frey, Tetra Tech, Inc.
December 2013
EPA800-R-13-002
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About the Green Infrastructure Technical Assistance Program
Stormwater runoff is a major cause of water pollution in urban areas. When rain falls in undeveloped
areas, the water is absorbed and filtered by soil and plants. When rain falls on our roofs, streets, and
parking lots, however, the water cannot soak into the ground. In most urban areas, stormwater is
drained through engineered collection systems and discharged into nearby waterbodies. The
stormwater carries trash, bacteria, heavy metals, and other pollutants from the urban landscape,
polluting the receiving waters. Higher flows also can cause erosion and flooding in urban streams,
damaging habitat, property, and infrastructure.
Green infrastructure uses vegetation, soils, and natural processes to manage water and create healthier
urban environments. At the scale of a city or county, green infrastructure refers to the patchwork of
natural areas that provides habitat, flood protection, cleaner air, and cleaner water. At the scale of a
neighborhood or site, green infrastructure refers to stormwater management systems that mimic
nature by soaking up and storing water. These neighborhood or site-scale green infrastructure
approaches are often referred to as low impact development.
EPA encourages the use of green infrastructure to help manage stormwater runoff. In April 2011, EPA
renewed its commitment to green infrastructure with the release of the Strategic Agenda to Protect
Waters and Build More Livable Communities through Green Infrastructure. The agenda identifies
technical assistance as a key activity that EPA will pursue to accelerate the implementation of green
infrastructure.
In February 2012, EPA announced the availability of $950,000 in technical assistance to communities
working to overcome common barriers to green infrastructure. EPA received letters of interest from
over 150 communities across the country, and selected 17 of these communities to receive technical
assistance. Selected communities received assistance with a range of projects aimed at addressing
common barriers to green infrastructure, including code review, green infrastructure design, and cost-
benefit assessments. The City of Neosho was selected to receive assistance identifying green
infrastructure barriers and opportunities and design guidance.
For more information, visit http://water.epa.gov/infrastructure/greeninfrastructure/gi support.cfm.
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Acknowledgements
Principal USEPA Staff
Kerry Herndon, USEPA Region 7
Mandy Whitsitt, USEPA Region 7
Tamara Mittman, USEPA
Christopher Kloss, USEPA
James Pittman, USEPA
Community Team
John Harrington, City of Neosho
Dana Daniel, City of Neosho
Consultant Team
Emily Clifton, LID Center
Martina Frey, Tetra Tech, Inc.
John Kosco, Tetra Tech, Inc.
This report was developed under EPA Contract No. EP-C-11-009 as part of the 2012 EPA Green
Infrastructure Technical Assistance Program.
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Contents
Introduction 1
Key Findings 3
Next Steps 4
References 19
Table
Table 1. Detailed Review of Neosho's Codes 5
IV
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Introduction
The City of Neosho is located on the western edge of the Missouri Ozarks and, with a population of
more than 11,800, is the most populous city in Newton County, Missouri. Its name, which is of Native
American origin, means "clear or abundant water," was given due to the abundance of natural,
freshwater springs within the area. Its historic downtown square is traditionally designed, with a
majority of the buildings being constructed between 1870 and 1900, and has recently enjoyed renewed
interest and private/public investments. The area has seen considerable population growth based on its
location within a fast-growing, four state region, with new development primarily occurring along the
urban fringe.
The City of Neosho is one of approximately 150 communities within Missouri which has been designated
by the US Environmental Protection Agency (USEPA) and the Maryland Department of Natural
Resources (MDNR) as a small Municipal Separate Storm Sewer System (MS4) community that must meet
and comply with Missouri's Phase II MS4 general permit requirements. As such, the City was required by
March 10, 2008, to put in place a stormwater management program which meets six minimum control
measures (MCMs). These are:
• MCM1: Public Education and Outreach
• MCM2: Public Involvement and Participation
• MCM3: Illicit Discharge Detection and Elimination
• MCM4: Construction Site Runoff Control
• MCMS: Post-construction Runoff Control
• MCMS: Pollution Prevention and Good Housekeeping for Municipal Operations
The City of Neosho is seeking to satisfy its Phase II MS4 general permit requirements and improve its
local water quality by identifying barriers to MCM implementation and to incorporate the use of Green
Infrastructure (Gl) practices and Low Impact Development (LID) techniques in the management of
stormwater. Measures to reduce illicit discharge, improve construction site sediment and erosion
control, and minimize the post-construction impacts of stormwater runoff on water resources not only
aide in satisfying permit requirements, but can also provide significant ancillary benefits for the town
(e.g., enhance tourism and trout fishing, contribute to the city's continued beautification efforts, and
increase real estate value from increased curb appeal).
Often, existing codes and standards can work against these goals. Local codes and ordinances can
require inflexible standards or incorporate outdated requirements that present barriers to
implementation. This memorandum presents findings by EPA from a review of the regulations and
standards relevant to the implementation of stormwater best management practices within the City.
The purpose of the review was to identify regulatory updates needed to comply with Missouri's Small
MS4 General Permit as they relate to meeting three of the minimum control measures:
1. Illicit Discharge Detection and Elimination—MCM3
2. Construction Site Stormwater Runoff Controls—MCM4
3. Post-construction Runoff Controls—MCMS
A checklist was prepared accordingly to assist the City in their efforts of evaluating current code for
compatibility with its Phase II requirements.
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EPA reviewed the following City codes and documents:
• Title II. Public Health, Safety, and Welfare
• Title IV. Ch. 405: Zoning
• Title IV. Ch. 425: Flood Prevention
• Title IV. Ch. 430: Stormwater Runoff Management
• Title VII. Ch. 700: Water, Sewers, and Sewage Disposal
• City of Neosho's Draft Stormwater Management Program (January 2010)
• City of Neosho's Comprehensive Plan (May 2006)
A number of existing guidance documents exist that identify key land development and green
Stormwater infrastructure principles to reduce sediment and pollutant runoff and Stormwater flows,
reduce impervious cover, and conserve natural areas during the development process. For this effort,
principles relevant to maintaining, minimizing, and mitigating Stormwater impacts were adapted from
the following:
• Missouri DNR's 2012 Missouri Guide to Green Infrastructure
• Missouri DNR's 2011 Protecting Water Quality: A Field Guide to Erosion, Sediment and
Stormwater Management Practice for Development Sites in Missouri and Kansas
• The Center for Watershed Protection's 2004 Illicit Discharge Detection and Elimination: A
Guidance Manual for Program Development and Technical Assessments
• EPA's 2009 Water Quality Scorecard
Emphasis was placed on site design techniques and Stormwater management practices considered
appropriate for Neosho.
The findings presented in this memo are intended to highlight code areas for City staff discussion.
Potential solutions to the identified issues were included and prioritized in order to help initiate a
conversation when the city considers this report. However, it is fully expected and presented in a way
that the City, through discussions with staff and external stakeholders, can manipulate and revise
recommendations and priorities as necessary. EPA's review did not include an evaluation of
administrative, inspection, or enforcement procedures; cost/benefit analyses; interviews with agency
staff; or work sessions engaging the local regulatory, development, and environmental communities,
which would likely precede any formal code update process. Where practical, EPA provided alternatives
for addressing some of the issues identified, but ultimately it is up to the City to determine the most
appropriate recommendations for local implementation.
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Key Findings
As of March 10, 2008, all Phase II MS4 communities were required to put in place a stormwater
management program which meets the six MCMs identified above. The most significant measures
identified to satisfy the City of Neosho's existing permit requirements are listed below. These findings
represent those that EPA believes will address the City's most immediate needs of meeting its permit
obligations.
• Submit a final, approved Stormwater Management Program Plan to MDNR. In 2010, the City
prepared and delivered a draft stormwater management plan to MDNR which outlines in draft
form the steps the City intends to take in order to meet the six MCMs. However, this document
was never approved by the City Council and has remained in draft form. In addition, key
measures identified within the plan have not been implemented.
• Prepare and adopt an illicit discharge stream mapping and screening project protocol manual
to guide the completion of the outfall inventory. Completion of an outfall inventory will aid in
satisfying the City's Phase II MS4 requirements and will provide the City with a functional
mapping and water quality screening program. The end product of the stream mapping and
screening will be a complete database populated with the required information for all outfalls
within the City's limits.
• Prepare and adopt a more comprehensive illicit discharge detection and elimination code.
While some regulatory codes are already in place, the city should update its code to directly
prohibit illicit discharges into the MS4 and to include powers of entry for identifying illicit
discharge sources, enforcement measures, remediation recovery, response procedures, and
adequate penalties for non-compliance (such as an enforcement escalation policy). According to
the city's Draft Stormwater Management Program plan, a draft ordinance has already been
prepared, and must simply be reviewed to ensure it meets the MCM requirements and
submitted to the City Council for adoption.
• Revise the City's stormwater code to include a land disturbance activity code and a
comprehensive land disturbance permit requirement. In order to be consistent with DNR
requirements, the City must revise its code to require that a city land disturbance permit be
obtained for any development greater or equal to 1 acre or when they are part of a larger
common plan. In reviewing the City's Draft Stormwater Management Plan, it appears that the
city has already drafted a revised stormwater management ordinance. No final ordinance,
however, has been adopted by the City.
• Revise the City's stormwater code to ensure it adequately protects environmentally sensitive
features. In order to comply with the City's Phase II MS4 permit, the city must ensure that
environmentally sensitive features (steep slopes, hydric soils, erodible soils, stream and wetland
buffers, etc.) are protected through the construction and post-construction process. Consider
revising §430.120, Submission of Preliminary Stormwater Management Plan, to require either
the submission of a separate, approved plan which shows the buffers of environmentally
sensitive features with the submission of a preliminary SWM plan or land disturbance plan
application package. Require buffers and a limit of disturbance line to be approved and shown
on subsequent development plans.
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Prepare, adopt, and reference a regularly updated stormwater manual with design
specifications and performance design standards. Currently, the city code does not reference a
regularly updated stormwater management manual. Not only is a manual necessary to provide
guidance for the planning and implementation of stormwater BMPs and monitoring programs at
construction sites, but it is also necessary for enforcement.
Next Steps
In addition to the key findings presented above, a tabulated code review is presented in Table 1 that
provides a more detailed review of the City's codes. As the City works to come into compliance with its
Phase II MS4 permit obligations, the attached table provides some example code language and other
resources for crafting code text amendments, drafting design templates, and drafting a stormwater
manual for City Council consideration.
Next steps for this project include the preparation of a green infrastructure handbook that will focus
more specifically on the types of Gl and LID techniques applicable to Neosho. Such practices better
mimic pre-construction runoff conditions on new development projects and more effectively utilize
water quality strategies and technologies on redevelopment projects to the maximum extent
practicable.
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Table 1. Detailed Review of Neosho's Codes
Permit
Reference
Key Question
Code/ Section
Finding Ordinance Reference
Comments
Recommendation
Priority
Illicit Discharge Detection
Storm Sewer Map With Outfall Locations
4.2.3.1.1 Ensure locations of
known outfalls are
mapped and sources
verified with field
surveys
No
Draft
SMPP
Outfall stream mapping and screening is a part of the Illicit
Discharge Detection and Elimination Minimum Control
Measures and is a major component of the process required
to reduce pollutant discharge and protect water quality. In
order to identify illicit discharges, all outfalls into water
bodies need to be mapped and screened. The Draft SMPP
states that the city began mapping the storm sewer system
in 2008 by collecting GPS point data on stream outfalls and
storm drain inlets, and identified measurable goals for
determining success.
Note: the city intends to incorporate the storm sewer data
into the city's GIS system. The draft stormwater
management program plan states that the city will conduct
field screenings of at least 20% of all outfalls per year. Both
are important for meeting the goals if identifying and
tracking outfall locations and sources.
Evaluate and finalize the Draft SMPP for compliance with
Phase II MS4 requirements, and prepare and adopt an
illicit discharge stream mapping and screening project
protocol manual to guide the completion of the outfall
inventory (for examples of protocol manuals, see DNR's
website at: http://dnr.mo.gov/env/wpp/stormwater/sw-
Iocal-gov-programs.htm#mcm3). Completion of an outfall
inventory will aid in satisfying the City's Phase II MS4
requirements and will provide the City with a functional
mapping and water quality screening program. The end
product of the stream mapping and screening will be a
complete database populated with the required
information for all outfalls within the City's limits. Given
the gap in time between the development and
implementation of the Draft SMPP, consider increasing
the number of field screenings per year in order to finalize
data population.
High
Prohibit Stormwater Discharges and Implement Enforcement
Include definition of a
municipal separate
storm sewer system
(MS4) in the city's
stormwater runoff
management code
No TITLE IV CH430 In §430.040, Definitions, of Ch. 430, MS4s are not
currently defined. While not critical, including a regulatory
definition of MS4s in the Stormwater Runoff Management
chapter would help the city in determining how success or
improvements are defined and in demonstrating
enforcement of certain aspects of the local codes under
the MS4 permit.
Consider revising Title IV, Ch. 430, §430.040 to include a
definition of MS4s that includes the city's overall storm
water management program performance goals
Low
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Permit
Reference
4.2.3.1.2
Key Question
Ordinance prohibiting
non-stormwater
Finding
Partly
Code/
Ordinance
TITLE II and
TITLE VII
Section
Reference
CH 215
Comments
Title II, Public Health, Safety and Welfare, Chapter 215 ,
Offenses and Miscellaneous Provisions:
Recommendation
While the Draft SMPP indicates that the city will adopt a
more comprehensive code that directly prohibits illicit
Priority
High
discharges into the storm
sewer system and
enforcement mechanisms
to prohibit discharges
• § 215.390, §215.570 and §215.600 deal with
throwing trash from vehicles and keeping sidewalks
free of trash, as well as draining filth, slops, waste
water, etc. into streets
• §230.100 prohibits littering and imposes minimum
$100 fine
• §230.110 and §230.120 deal with depositing dirt,
grass, and other litter in public alleys, streets, and
ditches, as well as dirt from vehicle wheels
Title VII, Ch. 700, Waters, Sewers, and Sewage Disposal:
• §705.050 makes it unlawful to discharge without a
permit
• § 705.070 prohibits unsanitary disposal of
human/animal waste, etc.
• §705.100+ identifies penalties
• §705.300 prohibits cesspools or septic tanks to
discharge to natural outlets and §705.400 allows
cost-recovery charges and fees
• §705.540 includes reporting requirements for
permittees
• §705.550 prohibits sewage or other discharges into
natural outlets
• §705.560 prohibits stormwater, roof water, drains,
etc., to drain to sanitary sewers
discharges into MS4 and include powers of entry for
identifying illicit discharge sources, enforcement
measures, remediation recovery, and response
procedures, this has not yet happened. As such, the City
is not in compliance with their Phase II MS4 permit. If the
city has not yet drafted an ordinance, the Metropolitan
St. Louis Sewer District Ordinance No. 8472 may have
language that is adaptable. A final ordinance will need to
incorporate adequate penalties (such as an enforcement
escalation policy).
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Permit
Reference
Key Question
Code / Section
Finding Ordinance Reference
Comments
Recommendation
Priority
4.2.3.1.3 Plan and implementation
schedule in place to
detect and address non-
stormwater discharges,
including illegal dumpings
No DraftSMPP
In orderto comply with Phase II MS4 requirements, the
City must have a plan and implementation schedule in
place to detect and address non-stormwater discharges,
including from illegal dumpings and spills, to the
permittee's system. As per Phase II requirements, it must
include dry weather field screening for non-stormwater
flows and field tests of selected chemical parameters. The
2010 Draft SMPP states that the city will conduct visual
field screenings of at least 20% of all outfalls per year, as
well as include methods for reporting illicit discharges (via
stream teams, volunteer monitoring, and the storm water
management web page, which will have info on what an
illicit discharge looks like and have an online reporting
form). An EPA fact sheet regarding illicit discharges is
available on the web, but other portions of the draft plan
have not been enacted.
Evaluate and finalize the Draft SMPP for compliance with
Phase II MS4 requirements, including procedures for
tracing and removing sources and appropriate
enforcement actions. Prepare and adopt an illicit
discharge stream mapping and screening project
protocol manual to guide the completion of the outfall
inventory and field verification that will be conducted by
the City. As stated above under comment 1, examples
are available on DNR's website at:
http://dnr.mo.gov/env/wpp/stormwater/sw-local-gov-
programs.htm#mcm3). DNR suggests that the fact sheet
Series PUB2209 available at this website may also prove
useful to inspectors. While the City intends to conduct its
own field screenings, the Draft SMPP also indicates that
materials will be available to encourage volunteer
monitoring. To this degree, the City should consider
providing or hosting workshops and training (in
coordination with the stream teams, where they exist)
on the collection of scientific data by volunteers to
ensure that data collected is useful to the city.
High
4.2.3.1.4 Identify and address
significant non-
stormwater discharges or
flows that are significant
contributors of pollutants
Yes
As per the Phase II permit, examples of non-stormwater
discharges or flows (i.e., illicit discharges) that are
significant contributors of pollutants to the regulated small
MS4can include uncontaminated pumped groundwater,
discharges from potable water sources, foundation drains,
air conditioning condensation, springs, water from crawl
space pumps, footing drains, lawn watering, flow from
riparian habitats and wetlands, and street wash water.
§705.560 prohibits the discharge of foundation drains,
subsurface drainage, cooling water, or unpolluted
industrial process water to any sanitary sewer.
Review list of possible contaminants to make sure that
all significant contributors are addressed.
Low
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Permit
Reference
Key Question
Code / Section
Finding Ordinance Reference
Comments
Recommendation
Priority
Construction Site Stormwater Runoff Control
Bmp Concept Development
4.2.4.1 Require a city land
disturbance permit for
developments
>=1 ac. or part of larger
common plan
No DraftSMPP
The State of Missouri requires Land Disturbance Permits
for disturbance of one acre or greater. While the city does
require Stormwater management plans for developments
equal or greater to 10,000 sq. ft. (see comments for No. 7
regarding updates), a land disturbance permit is not
required. The implementation of a comprehensive land
disturbance permit program, including the revision of
erosion and sediment control best management practices
(BMP) standards and requirements, is necessary to be in
conformance with state requirements.
Revise city code to include a land disturbance activity
code and a comprehensive land disturbance permit
requirement in order to be consistent with DNR
requirements. While the city has drafted a revised
Stormwater management ordinance (see comments for
#7) which appears to be consistent with the state's
requirements, it is still in draft form. In addition to
adopting an ordinance, Consider preparing a checklist for
obtaining a land disturbance permit in order to help
applicants understand and keep track of the necessary
components. As an example, see the City of Springfield's
comprehensive land disturbance permit program
website:
www.springfieldmo.gov/stormwater/esc/index.html.
High
4.2.4.1 Require a local soil and
erosion sediment control
plan or Stormwater
management plan to
mitigate soil erosion,
prevent Stormwater
runoff increases, and
minimize pollutant
discharges for
developments >= 1 ac. or
part of larger common
plan
Partly TITLE IV CH 430
Title IV Ch. 430 (Stormwater Runoff Management) requires
developments equal or greater to 10,000 sq. ft. to have an
approved Stormwater management plan, and shall not
increase the quantity and rate of Stormwater emanating
from the development, except in accordance with a SWMP
(§430.110). However, other pollutants of concern are not
addressed.
The Phase II permit requires permittees to include an
ordinance or other regulatory mechanism that requires
erosion and sediment control BMPs at construction sites.
The Draft SMP indicates that a revised Stormwater
management ordinance which contains new requirements
for land disturbance activities and erosion and sediment
control for all activities affecting an area >= 1 ac., including
any land disturbance activity that is part of a larger
common plan. It also addresses land disturbances < 1 ac.
where there is significant potential for sediment deposition
in violation ordinance, when in close proximity to valuable
resource waters, when 25 ft. or less from a spring, sinkhole
rim, cave, wetland, watercourse, stream buffer, or 100 yr.
floodplain.
Adopt the 2010 Stormwater Management Ordinance
prepared for the City of Neosho. In order to be in
compliance with the City's Phase II MS4 requirements,
the city must update its Stormwater management code.
While the revised Stormwater management ordinance
identified in the Draft SMPP was not available for review,
its description in the Draft SMPP appears to meet the
requirements of the Phase II MS4 Permit. Evaluate the
ordinance to ensure that all pollutants of concern
(sediments and urban pollutants such as oils, greases,
etc.) are addressed.
High
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Permit
Reference
Key Question
Code / Section
Finding Ordinance Reference
Comments
Recommendation
Priority
4.2.4.1 Include criteria to
determine who can
prepare a stormwater
management plan or soil
and erosion sediment
control plan
Yes TITLE IV CH 430 §430.110: GENERAL, states: "No development equal to or
greater than ten thousand (10,000) square feet shall
increase the quantity and rate of stormwater emanating
from said land areas except in accordance with an
approved Stormwater Management Plan as provided in
these regulations. The Stormwater Management Plan shall
be prepared by a licensed professional engineer in the
State where the development occurs. No building permits
shall be issued until and unless the Stormwater
Management Plan has been approved by the City Building
Inspector."
None. If altered to include other professionals, ensure
that prepares are, at a minimum, certified SWPP
preparers or other individuals whose qualifications are
acceptable to the City
4.2.4.1 City code references a
regularly updated erosion
and sediment control
manual or stormwater
management manual
No TITLE IV CH 430 No manual is available through the city's website, though
the city's draft stormwater management program plan
indicates that a design manual may have already been
prepared. Not only is a manual necessary to provide
guidance for the planning and implementation of
stormwater BMPs and monitoring programs at
construction sites, but it is also necessary for enforcement.
Prepare and adopt a regularly updated manual with
design specifications and performance design standards
in order to be in compliance with Phase II MS4
requirements. See www.dnr.mo.gov/env/wpp/wpcp-
guide/wpcp-guide.pdf or
http://dnr.mo.gov/env/wpp/stormwater/sw-local-gov-
programs.htm#mcm4 for a list of manuals available
through DNR's website. Revise the existing stormwater
management code to reference the (newly created)
manual, as may be updated and modified by the
department, for the minimum requirements that must
be met in order to obtain a land disturbance permit, and
for providing BMP guidance and additional resources to
facilitate control of soil erosion and pollutants on land
that is undergoing development.
High
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Permit
Reference
Key Question
Code / Section
Finding Ordinance Reference
Comments
Recommendation
Priority
4.2.4.1.1 At the local level, require
the disturbance of
vegetated areas to be
phased and disturbance
of vegetated areas
minimized?
No TITLE IV CH 430 Both are common BMPs included in erosion and sediment
control manuals. The adoption of a manual would help
bring the City in compliance with its Phase II MS4 and state
requirements. E.g., the Missouri Gl Guide states that Gl
principles be given more weight during the concept
development and preliminary design/pre-construction
phase in order to minimize soil disturbances and limit soil
exposure. Non-structural stormwater control measures
such as stream setback requirements and similar
regulatory tools promote runoff source control through
minimizing land alterations and taking advantage of
existing natural features to help manage runoff. State
requirements for land disturbance activities for 1 acre +
require existing vegetation to be preserved where
practical. The time period for disturbed areas to be without
vegetative cover is to be minimized to the maximum
extent possible.
Prepare and adopt a regularly updated manual with
design specifications and performance design standards
in order to be in compliance with Phase II MS4
requirements. See www.dnr.mo.gov/env/wpp/wpcp-
guide/wpcp-guide.pdf or
http://dnr.mo.gov/env/wpp/stormwater/sw-local-gov-
programs.htm#mcm4 for a list of manuals available
through DNR's website. Revise the existing stormwater
management code to reference the (newly created)
manual, as may be updated and modified by the
department, for the minimum requirements that must
be met in order to obtain a land disturbance permit, and
for providing BMP guidance and additional resources to
facilitate control of soil erosion and pollutants on land
that is undergoing development. (Same
recommendation as #9).
High
10
-------
Permit
Reference
Key Question
Code / Section
Finding Ordinance Reference
Comments
Recommendation
Priority
4.2.4.1.3 Require environmental
buffers to be shown on a
stormwater management
plan and designs to
preserve existing runoff
pathways to adequately
support existing wetlands
No TITLE IV CH 430 The Draft SMPP indicates that a revised stormwater
ordinance has been prepared that requires buffers of 75 ft.
min. for stream buffers (increased for steep slopes and
floodplain). It does not appear that this ordinance was
submitted for approval. (Note: Missouri DNR's "A field
guide to erosion, sediment and stormwater BMPs for
development sites in Missouri and Kansas," some
communities have stream setback requirements up to 300
feet, depending on the quality of the stream to be
protected. It cites the ordinance for the City of Kansas City
or the City of Lenexa, KS, as a good model. The Missouri Gl
Guide states that "ordinances that include stream setbacks
and buffers provide a measurable area of vegetation
between the streams and development and help protect
the functions and values of aquatic habitat. They typically
are designed so that almost all types of development or
land clearing are prohibited near the stream, with
gradually increased development as the distance from the
top of the stream bank increases."). In addition to requiring
buffers for environmentally sensitive features, it is
important to ensure that such buffers have been verified
and approved by the city either with or prior to the
acceptance of a stormwater management plan. This
greatly increases the ability of such areas to be adequately
protected during and after the construction process, and
allow the permittee to consider and review pre-
construction site plans for potential water quality impacts.
Review the revised stormwater ordinance (as identified
in the Draft SMPP) to ensure it adequately protects
environmentally sensitive features (steep slopes, hydric
soils, erodible soils, stream and wetland buffers, etc.) in
order to be in conformance with the Phase II MS4
Permit. In addition, consider revising §430.120,
Submission of preliminary stormwater management
plan, to require either the submission of a separate,
approved plan which shows the buffers of
environmentally sensitive features with the submission
of a preliminary SWM plan or land disturbance plan
application package
High
11
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Permit
Reference
Key Question
Code / Section
Finding Ordinance Reference
Comments
Recommendation
Priority
Inspection, Enforcement and Maintenance
4.2.4.1.1 Require formalized
inspection and
maintenance program to
ensure that BMPs are
properly installed and
operating during
construction phase, and
sanctions to ensure
compliance
Yes TITLE IV CH 430 The Minnesota Stormwater Manual identifies a formalized
inspection and maintenance program as essential to
proper BMP implementation. For land disturbances of 1
acre +, state permit requirements include regularly
scheduled inspections by a qualified person.
In the city code, §430.210: INSPECTION states: "A. The City
Building Inspector shall be responsible for determining
whether the Stormwater Management Plan is in
conformance with requirements specified in Article IV of
this Chapter, and whether development is proceeding in
accordance with the approved drainage permit. Periodic
inspection of the development site shall be made by the
City Building Inspector. Through such periodic inspections
the City Building Inspector shall ensure that the
Stormwater Management Plan is properly implemented
and that the improvements are maintained." Parts B and C
establish measures for requiring remedial work and allow
the issuance of stop-work orders.
Include inspection and maintenance requirements for
construction site Stormwater runoff controls in an
approved Stormwater manual (e.g., regularly scheduled
inspections (Ix/mo. min) and within a reasonable time
period (not to exceed 72 hrs) following heavy rains).
Consider adding violations and penalties to the
enforcement measures already provided, including a fine
for each offense and requirements to bear the expense
of restoration.
Med
4.2.4.1.5 Require inspectors to be
trained and certified
No TITLE IV CH 430 While §430.210 assigns inspection duties to the City
Building Inspector, no formal requirements are included to
ensure that the inspector has sufficient knowledge in
erosion, sediment, and Stormwater control principles
Include requirements to ensure that the City Building
Inspector (or, in the case that the inspection process is
revised to allow inspection by applicant or a third party)
has a thorough and demonstrable knowledge of the
site's SWPPP and erosion and sediment control practices
in general, and is knowledgeable in erosion, sediment,
and Stormwater control principles by requiring SWPP
certification of the inspector
Med
4.2.4.1.5 Provide tools to help
SMPP plan reviewers and
construction inspectors
No
There are several things the City could do to improve to
help SMPP plan reviewers and construction inspectors. For
example, including detailed checklists or manuals for plan
submittals ensures consistency; and the preparation and
inclusion of brochures on SWPPs and maintenance (such as
ones listed on DNR's website) may also help. In addition,
providing information on upcoming workshops available
through the state can also greatly improve knowledge and
understanding of planning, construction, and maintenance
responsibilities (a quick web search resulted in finding a
regularly scheduled Stormwater Pollution Prevention Plan
(SWPPP) Preparer Workshop available through Missouri
State University, for ex).
Consider providing additional materials to SMPP plan
reviewers and construction inspectors to ensure that
there is consistency in plan submittals (important for the
review and inspection process), and that reviewers and
inspectors are up to date in their knowledge of
construction site BMPs. Simply updating the website to
provide links to Missouri-specific resources (and
upcoming workshops, etc.) would likely be better
received by the community than generic EPA materials.
Med
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Permit
Reference
Key Question
Code / Section
Finding Ordinance Reference
Comments
Recommendation
Priority
4.2.4.1.6 Require stormwater BMP
maintenance agreements
Yes TITLE IV CH 430 §430.100. City Public Works Dept. is responsible, during
and after construction, for the operation and maintenance
of all drainage structures and improved courses which are
part of the stormwater runoff management system under
public ownership (and are not State or Federal). Each
developer or owner has the responsibility and duty before
and after construction to properly operate and maintain
any on-site stormwater runoff control facility which has
not been accepted for maintenance by the public. Requires
a maintenance agreement with a 2 yr. maintenance bond
(§430.180).
None.
Require maintenance to
be performed by a
certified professional
No TITLE IV CH 430 Currently, no certification requirements exist for anyone
who designs and/or maintains stormwater practices.
Consider incorporating regulations that require
companies performing repair or maintenance on a
stormwater management facility to: have demonstrated
experience in stormwater management facility
construction; have demonstrated experience in
stormwater management facility inspection; and hold a
Certificate of Attendance awarded through a training
program approved by the City. Companies that perform
repair or maintenance on underground stormwater
facilities may also have state and federal training and
credential requirements.
Low
Post-Construction Stormwater Management
Protect Sensitive Areas from Encroachment
4.2.5.1.5 At the local level, require
buffers for streams and
other environmentally
sensitive areas and
require/ encourage
building envelopes to
avoid sensitive
environmental areas and
highly permeable soils
No TITLE IV CH 405 At the local level, there are limited to no regulations
and CH regarding minimizing impacts to slopes exceeding 15
410 percent and to wetlands, streams, swales, and riparian
buffers. In the zoning regulations, such areas may be
considered 'natural site features to be preserved' in cluster
subdivisions, but natural site features are not clearly
defined. See comments above for SWMPs, which are
required for developments =>10,000 sq. ft. Language on
buffers for streams and wetlands should be added. In
addition, plan requirements for developments in ch.s 405
(zoning) and 410 (subdivision) do not include showing
buffers for environmentally sensitive features, and should
be updated to show such features (as well as an approved
limit of disturbance line).
Update the stormwater control ordinance to include
restrictions on development in environmentally sensitive
areas (e.g., slopes exceeding 15%, highly erodible soils,
wetland/stream buffers, etc.). Require buffers and a limit
of disturbance line to be approved and shown on
subsequent development plans.
High
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Permit
Reference
Key Question
Code / Section
Finding Ordinance Reference
Comments
Recommendation
Priority
4.2.5.1.5 At the local level, require/
encourage stream buffers
to remain in a natural
state (new development)
No TITLE IV CH 405 No requirements currently exist in the City's code as they
and CH relate to the stormwater chapter (CH 430), or those on
410 and zoning (CH 405) or subdivision (Ch. 410) regulations. The
CH 430 Missouri Gl Guide identifies site-based non-structural
stormwater control measures as including not only stream
buffer setbacks, but preserving riparian zones, minimizing
areas of disturbance and imperviousness, and maximizing
open space. See comments above regarding buffers for
streams or other environmentally sensitive areas. No
similar
regulations were found in the city's local codes.
Revise the city's stormwater chapter to require riparian High
buffers that remain in a natural state
Address Long-Term Storm Water Runoff Quality
4.2.5.1 Local ordinance or other
mechanism in place to
require pre-site design
meetings with developers
Yes TITLE IV CH 430 Integrating Gl into plans is easier to accomplish when
considered at the beginning of the site design process,
rather than at the end. It simplifies implementation into
three questions: 1. Are land disturbances minimized? 2. Is
vegetation preserved? 3. Is impervious cover minimized?
Minimizing earthwork, clearing and construction of
stormwater management infrastructure helps minimize
environmental impacts while reducing construction,
operation, and maintenance costs. §430.130 states:
"Following receipt of a preliminary stormwater
management plan, general drainage concepts and planning
proposals are reviewed by the City Building Inspector (CBI),
and a review meeting is scheduled btwn.. the CBI and
developer to jointly agree on a stormwater management
concept."
While the requirement of a meeting between the CBI
following the receipt of a preliminary SWM plan is a
good one, the planning process in general would benefit
greatly by requiring that a prior plan be submitted and
approved which sets up the site's environmental
restrictions, i.e., require the approval of a plan showing
approved buffers, etc., as identified in the construction
BMP section. This would increase the ability for land
disturbances in environmentally sensitive areas to be
minimized and vegetation preserved.
Med
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Permit
Reference
Key Question
Code / Section
Finding Ordinance Reference
Comments
Recommendation
Priority
4.2.5.1.2 Local ordinance or other
mechanism in place to
require site plan reviews
for storm water quality
for projects >= lac. and to
require reasonable
mimicking of
preconstruction SWR
quality (projects >= 1 ac.)
No TITLE IV CH 430 Stormwater code refers to quantity, but not quality.
§430.030. Any development =>10,000 sq. ft. shall apply to
the CBI for approval of a SWMP and issuance of a drainage
permit.
§430.110. Developments =>10,000 square feet shall not
increase the quantity or rate of Stormwater except in
accordance with an approved SWMP. §430.160, Design
Criteria, #2, states that streets, blocks, depth of lots, parks,
and other public grounds shall be located and laid out in
such a manner as to minimize the velocity of overland
flows and allow maximum opportunity for infiltration of
Stormwater into the ground, and to preserve and utilize
existing and planned streams, channels, and detention
basins, and include, whenever possible, streams and
floodplains within parks and other public grounds.
The Draft SMPP includes code changes to shift focus onto
water quality by requiring mimicking of pre-development
hydrology, including storm water detention and water
quality features, for all new development or
redevelopment projects over a certain size. The current
purpose statement in §430.030 does not explicitly identify
this as an intent of the city code. Its focus is reducing
property damage and human suffering, and minimizing the
hazards of personal injury and loss of life to flooding. Flow
control standards, which focus on ensuring public safety
and reducing property damage, have very little to do with
ecosystem protection. For preserving stream integrity, it is
important for a Stormwater system to specifically
addresses the frequent or micro-storms that occur on a
regular basis.
Revise the Stormwater code to, at a minimum, require
projects >= 1 acre or part of a larger development plan to
include site plan review for storm water quality. Revise
Ch. 430 of Title IV to require mimicking of pre-
development hydrology, including storm water
detention and water quality features, for all new
development or redevelopment projects over a certain
size, as required to be in compliance with Phase II MS4
permit.
High
4.2.5.1.2 Local ordinance or other
mechanism in place to
require incremental
improvements of existing
SWM controls
No TITLE IV CH 430 Not specifically addressed. Development and
redevelopment requirements are generally combined.
Require retrofits of Stormwater management systems
during redevelopment of property. Consider providing
incentives and credits to property owners who
redevelop/retrofit properties with green infrastructure
improvements.
Med
4.2.5.1.2 Local criteria in place to
determine which new/re-
development SWM plans
will be reviewed for water
quality
No TITLE IV CH 430 The City's current Stormwater runoff management
requirements apply to all developments => 10,000 sq. ft.
However, these requirements are just for water quantity. A
new Stormwater ordinance was prepared but not
implemented which include requirements for what
developments would be reviewed for water quality.
Update the Stormwater control ordinance design criteria
to be in conformance with the Phase II MS4
requirements
High
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Permit
Reference
Key Question
Code / Section
Finding Ordinance Reference
Comments
Recommendation
Priority
4.2.5.1.5 Local ordinance or
and mechanism in place to
4.2.5.1.6 allow for non-structural
site design options that
allow for optimal water
quality mgmt. in long-
term SWR and allows for
structural contemporary,
disperse microinfiltration/
filtration practices
No TITLE IV CH 430 "Non-structural site design options that allow for optimal
water quality mgmt. in long-term SWR" refers to measures
such as minimizing/ disconnecting impervious surfaces,
cluster housing, resource protection boundaries, etc. These
are not expressly allowed or prohibited. "Structural
contemporary, disperse microinfiltration/filtration
practices" refers to practices such as grassed swales, sand
filters, neighborhood roundabouts with rain gardens, etc.
See §430.160, Development design: "Streets, blocks, depth
of lots, parks, and other public grounds shall be located
and laid out in such a manner as to minimize the velocity of
overland flow and allow maximum opportunity for
infiltration of stormwater into the ground, and to preserve
and utilize existing and planned streams, channels, and
detention basins, and include, whenever possible, streams
and floodplains within parks and other public grounds."
Prepare and adopt a regularly updated manual with
design specifications and performance design standards
in order to be in compliance with Phase II MS4
requirements. See www.dnr.mo.gov/env/wpp/wpcp-
guide/wpcp-guide.pdf or
http://dnr.mo.gov/env/wpp/stormwater/sw-local-gov-
programs.htm#mcm4 for a list of manuals available
through DNR's website. Revise the existing stormwater
management code to reference the (newly created)
manual, as may be updated and modified by the
department, which includes nonstructural structural post
construction BMPs and specifications (in addition to
construction BMPs, as identified previously).
High
4.2.5.1.2 Require new and re-
development to require
water quality design or
performance standards,
either directly or by
reference
No TITLE IV CH 430 Water quality is not explicitly identified as a goal of the
ordinance.
Performance standards can be found in Article IV of Ch.
430
See other recommendations about revisions to Title IV High
Ch. 430.
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Permit
Reference
Key Question
Code / Section
Finding Ordinance Reference
Comments
Recommendation
Priority
4.2.5.1 Require design standards
or performance measures
to require that pre-
construction runoff in
new developments be
met for: flow volumes,
peak discharge rates,
discharge frequencies,
flow duration, and/or
water quality
No TITLE IV CH 430 §430.030 Purpose: 2. Minimize the hazards of personal
injury and loss of life due to flooding, to be accomplished
through the approval of SWMPs pursuant to the provisions
of these regulations, which:... c. Establish guidelines for
handling increases in volume and peak discharges of runoff
§430.160 Design Criteria. Outlet control works. 6.
Detention. C (1) Outlet works shall be designed to limit
peak outflow rates from detention storage areas to or
below peak flow rates that would have occurred prior to
the proposed development. Design criteria for temporary
detention: 6. Detention. Development also may include
temporary detention of stormwater runoff in order to
minimize downstream flooding conditions. The following
design criteria shall govern the design of temporary
detention facilities; a. Storage volume. The volume of
storage provided in detention basins shall be sufficient to
control the differential runoff from the fifty (50) year storm
frequency of twenty-four (24) hour duration. The
differential runoff is that volume and rate of flow of
stormwater runoff discharged from a parcel of land or
drainage area which is or will be greater than that volume
and rate which pertained prior to proposed development
or redevelopment, b. Freeboard. Detention storage areas
shall have adequate capacity to contain the storage
volume of tributary stormwater runoff with at least two (2)
feet of freeboard above the water surface of flow in the
emergency spillway in a fifty (50) year storm or as required
by State law.
Approve a revises stormwater ordinance (note: a draft
has already been prepared by the city, but not approved)
that brings the city in compliance with their Phase II MS4
permit. Modifications to the city's existing code as per
the city's previously prepared stormwater ordinance (as
indicated in the Draft SWPP) include: requiring the
mimicking of predevelopment hydrology, including
stormwater detention and water quality features;
requiring water quality structural BMPs to capture and
treat 90% of the annual runoff events generated by a
site; new extended detention requirements for water
quality capture volume (in addition to existing flood
protection criteria). While the draft ordinance was not
available for review, these measures appear sufficient
for bringing the city into compliance with the Phase II
MS4 permit. It is recommended that the ordinance be
submitted and approved by the city council.
High
Presence of a water
quality checklist in the
review approval process
No TITLE IV CH 430 No. However, the stormwater regulations stipulate what
should be submitted as part of a preliminary stormwater
plan (§430.110). This includes: 1) topo map w/10 ft.
contour intervals; site plan; location of streams, flood
water runoff channels, etc. Boundaries of existing
vegetation are not required to be shown, nor is a
functional landscape plan.
Tools such as water quality checklists and information on
how to prepare and submit an accurate plan improves
consistency and helps both the submitter, the plan
reviewer, and the inspector. At the minimum, plan
submittal requirements should be updated to include
more information on environmental features and
buffers, as well as to identify a limit of disturbance line
(which should be different from buffers).
Low
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Permit
Reference
Key Question
Finding
Code/
Ordinance
Section
Reference
Comments
Recommendation
Priority
Ensure Long-Term Operation and Maintenance
4.2.5.1.3
Local ordinance or other
Yes
TITLE IV
CH430
§430.100 requires the City Public Works Dept. to be
In addition to the existing measures, a draft stormwater
High
mechanism in place to
require long-term O&M of
SWM controls
responsible for O&M of all publicly owned stormwater
runoff management, and each developer or owner of land
to be responsible for the O&M of on-site stormwater
management controls that have not been accepted for
maintenance by the public. Such responsibility is to be
transmitted to subsequent owners through appropriate
covenants.
management ordinance was prepared by the city (see
Draft SMPP) which requires developers to ensure
ownership and maintenance of facilities via sufficient
easements and covenants approved by the City of
Neosho City Attorney. Where maintenance or repair is
required, the ordinance provides the City with the ability
to correct violations and assess the costs against the
property owner or subdivision homeowners if the owner
fails to comply. These measures would serve to improve
the City's ability to require and enforce long-term O&M.
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Center for Watershed Protection. 2004. Illicit Discharge Detection and Elimination: A Guidance Manual
for Program Development and Technical Assessments. Accessed December 2013.
http://www.epa.gov/npdes/pubs/idde manualwithappendices.pdf.
Missouri Department of Natural Resources. 2011. Protecting Water Quality: A Field Guide to Erosion,
Sediment and Stormwater Management Practice for Development Sites in Missouri and Kansas.
Revised January 2011. Accessed December 2013. http://www.dnr.mo.gov/env/wpp/wpcp-
guide.htm.
Missouri Department of Natural Resources. 2012. Missouri Guide to Green Infrastructure. Pub. 2446.
Revised May 2012. Accessed December 2013.
http://www.dnr.mo.gov/env/wpp/stormwater/mo-gi-guide.htm.
Neosho, Missouri. 2006. Comprehensive Plan. Revised May 2006. Accessed December 2013.
http://neoshomo.org/DocumentCenter/Home/View/650.
USEPA (U.S. Environmental Protection Agency). 2009. Water Quality Scorecard: Incorporating Green
Infrastructure Practices at the Municipal, Neighborhood, and Site Scale. Updated October 2009.
Accessed December 2013. http://www.epa.gov/dced/pdf/2009 1208 wq scorecard.pdf.
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