[Ord. No. 5965 §1(15-1), 3-13-2007]
A. This
Chapter is being enacted to comply with requirements of the Metropolitan
Sewer District (MSD) related to protection of property during construction.
During construction, soil is highly vulnerable to erosion by wind
and water. Eroded soil endangers water resources by reducing water
quality and causing siltation. In addition, clearing and grading during
construction causes the loss of vegetation necessary to prevent erosion
and sustain the flow of water. Finally, construction activities strip
the land and generate waste which causes a cleaning nuisance on streets,
sidewalks and/or adjacent properties.
B. This
Chapter is designed to provide an adequate safeguard to assure that
construction activities do not cause damage to the environment and
to protect properties adjacent to the site and throughout the City
of Clayton.
[Ord. No. 5965 §1(15-2), 3-13-2007]
For the purposes of this Chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
BEST MANAGEMENT PRACTICES OR BMPs
Practices, procedures or a schedule of activities to reduce
the amount of sediment and other pollutants in storm water discharges
associated with construction and land disturbance activities. For
a list of acceptable BMPs, the City of Clayton will utilize the St.
Louis County Sediment and Erosion Control Manual.
CLEARING
Any activity that removes the vegetative surface cover.
DRAINAGE WAY
Any channel that conveys surface runoff through a site.
EROSION
The wearing away of land surface through the action of wind
or water.
GRADING
Reshaping the ground surface through excavation and/or fill
of material, including the resulting conditions.
LAND DISTURBANCE ACTIVITIES
Any activity such as clearing, grading or any other action
which results in removal of the natural site vegetation and destruction
of the root zone or otherwise results in leaving the ground surface
exposed to soil erosion through the action of wind or water.
LAND DISTURBANCE PERMIT
A permit issued by the municipality authorizing disturbance
of the land at a specific site subject to conditions stated in the
permit.
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 phases, with the stabilization
of each phase substantially completed before the clearing of the next.
RUNOFF COEFFICIENT
The fraction of total rainfall that will appear at the outfalls
from a site.
STABILIZATION
The use of BMPs that prevent exposed soil from eroding including
improvements and structures for the control of erosion, runoff and
grading.
START OF CONSTRUCTION
The first (1st) land-disturbing activity associated with
a development, including land preparation such as clearing, grading
and filling; installation of streets and walkways; excavation for
basements, footings, piers or foundations; erection of temporary forms;
and installation of accessory buildings such as garages.
STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
A management plan, the purpose of which is to ensure the
design, implementation, management and maintenance of BMPs in order
to reduce the amount of sediment and other pollutants in storm water
discharges associated with land disturbance activities, comply with
the standards of the City of Clayton and ensure compliance with the
terms and conditions of the applicable State permits, including adherence
to the land disturbance program contained in the Missouri MS4 NPDES
permit. This document can be in the form of either a formal plan document
for the development or on one (1) plan sheet attached to the site
plan.
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. 5965 §1(15-3), 3-13-2007]
A. Any entity
or person who intends to disturb land of five thousand (5,000) square
feet or more but less than forty-three thousand five hundred sixty
(43,560) square feet (one (1) acre) must comply with site disturbance
regulations of the City of Clayton. Said land disturbance mitigations
must be included on the site plan submitted for review and must be
in place prior to the commencement of construction. Additionally,
land disturbance mitigation must be maintained in effective working
order throughout the period of construction activities.
1. Application of regulations. Generally, all new single-family
residences and most large additions will be the subject of this Section.
Exceptions: The following land disturbance
activities are not subject to the stipulations of this Section:
a. Any
emergency activity that is immediately necessary for the protection
of life, property or natural resources as determined by the City.
b. Existing
nursery and agricultural operations conducted as a permitted main
or accessory use.
c. Excavation
or fill of less than fifty (50) cubic yards, provided the land disturbance
activity is for the improvement of the property. Erosion and sediment
control measures shall be provided, when necessary, until grass or
other vegetation is established or other approved means of ground
cover means are used.
d. Land
disturbance activities less than five thousand (5,000) square feet
in area.
e. Removal
of existing or dying grass or similar vegetation by disturbing not
more than ten thousand (10,000) square feet and reseeding with new
landscaping to include preparation of the seedbed; provided erosion
and sediment control measures are provided until grass or other vegetation
is established. Any cut or fill in conjunction with the preparation
of the seedbed shall not exceed fifty (50) cubic yards.
f. Gardening
or similar activities on property occupied by one-, two- or multi-family
dwellings.
g. Land
disturbance activities by any public utility for the installation,
inspection, repair or replacement of any of its equipment or for its
collection or distribution lines or piping systems; provided erosion
and sediment control measures are provided until grass or other vegetation
is established or other approved ground cover means are used. These
exceptions do not apply to any land disturbance activity associated
with work that requires a building permit.
2. Site plan review. Every applicant for a project which will
disturb five thousand (5,000) square feet or more must include the
following information to be considered the SWPPP in their site plan
for staff review. This information may also serve to fulfill requirements
of the post- construction provisions of this Chapter. As part of the
site plan review process, the following information must be provided
on the site plan:
a. Existing
and proposed contours;
b. Drainage
facilities and methods for preserving the natural watercourse and
patterns of drainage;
c. Identify
limits of any areas to be disturbed by the proposed construction;
d. Amount
of current impervious coverage and proposed impervious coverage;
e. Methods
to mitigate additional impervious coverage and/or address drainage
issues on the site;
f. Connection
to storm sewer and/or method of controlling storm water runoff on
site;
g. Best
management practices to reduce sediments and other pollutants associated
with construction activities;
h. Location
of siltation fences, hay bales and other runoff prevention methods
(as well as other items as required by the site plan review process)
and plans for maintenance of these installations during construction;
i. Schedule
of street and sidewalk cleaning to alleviate mud and dirt on public
right-of-way;
j. Seal
of a registered professional engineer in the State of Missouri;
k. Bench
mark information from the site survey;
l. Other
information as required by the Director of Planning and Development
Services or the Director of Public Works.
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The appropriate departments in the City of Clayton will review
the site plan for compliance with the above requirements. The same
or additional information will be required on the construction documents
for building permit issuance.
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3. Implementation during construction. The installation of
all required siltation fences and other required mitigation mechanisms
must be in place prior to construction activity. Inspections will
be conducted to assure compliance at the beginning of construction
and at intervals throughout the project. These inspections will be
completed by either staff of the Planning and Development Services
Department or an outside contractor at the developer's expense, depending
on the complexity of the mitigation required and/or workload of the
department.
4. Costs for plan review and implementation. Any costs incurred
by the City to fulfill the intent of this Section shall be paid by
the applicant. The City shall secure the necessary professional services
and provide an estimate of cost and scope to the applicant. This scope
and cost will be approved by the applicant prior to the City contracting
for these services. The estimated costs will be submitted by the applicant
to the City prior to beginning any work on the project.
[Ord. No. 5965 §1(15-4), 3-13-2007]
A. All construction
projects of one (1) acre or more will be subject to the regulations
of this Section.
1. Land disturbance permit. No person shall perform any land
disturbance on a site one (1) acre or greater without first obtaining
a land disturbance permit. The application for permit will be submitted
to, reviewed by and approved by the Clayton Public Works Department,
but will be issued by the Planning and Development Services Department
in coordination with the building permit.
a. Each
permit application shall bear the name(s) and address(es) of the owner
and developer of the site, together with the principal contact and
consulting firm.
b. Each
land disturbance permit application shall includes a separate erosion
control plan that includes BMPs necessary for the site conditions
or include a formal Storm Water Pollution Prevention Plan prepared
for the specific site by or under the direction and sealed by a qualified
professional engineer licensed in the State of Missouri. Either submittal
shall include a statement that any land clearing, construction or
development involving the movement of earth shall be in accordance
with the Storm Water Pollution Prevention Plan.
c. The
permit applicant will be required to file with the City of Clayton
a performance bond, letter of credit or other improvement security
in an amount deemed sufficient by the City of Clayton to cover all
costs of improvements, landscaping, maintenance of improvements for
such period as specified by the City of Clayton.
(1) Performance and maintenance bond. A bond in the
City's favor to ensure the restoration of the ROW shall be submitted
prior to the issuance of the ROW permit. The bond shall continue in
full force and effect for a period of twelve (12) months following
completion of the work. It is the responsibility of the applicant
to request the release of the bond in writing. The bond shall be issued
by a surety with an "A" or better rating of insurance in Best's Key
Rating Guide, Property/Casualty Edition, shall be subject to the approval
of the City Attorney and shall contain the following endorsement:
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"This bond may not be canceled, or allowed to lapse, until sixty
(60) days after receipt by the City, by certified mail, return receipt
requested, of a written notice from the issuer of the bond of intent
to cancel or not to renew."
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(2) Certificate of insurance. All ROW users shall maintain
for the duration of any ROW permit the following minimum liability
insurance coverage: Workers' Compensation and employer liability insurance
to meet all requirements of Missouri law and commercial general liability
insurance with respect to the construction, operation and maintenance
of the facilities and the conduct of the ROW user's business in the
City in the minimum amounts of:
(a) Two million dollars ($2,000,000.00) for property damage resulting
from any one (1) accident;
(b) Two million dollars ($2,000,000.00) for personal bodily injury or
death resulting from any one (1) accident;
(c) Two million dollars ($2,000,000.00) for all other types of liability.
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All insurance policies shall be with sureties qualified to do
business in the State of Missouri with an "A" or better rating of
insurance by Best's Key Rating Guide, Property/Casualty Edition. All
general liability insurance policies shall name the City, its officers,
boards, board members, commissions, commissioners, agents and employees
as additional insureds and shall further provide that any cancellation
or reduction in coverage shall not be effective unless thirty (30)
days' prior written notice thereof has been given to the City Clerk.
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d. The
permit applicant may also 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
also 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.
2. Design requirements. The following are guidelines that shall
be followed in the design and/or must be depicted on the plans:
a. 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.
b. Cut
and fill slopes shall be no greater than three to one (3:1), except
as approved by the Department of Public Works to meet other community
or environmental objectives.
c. Clearing
and grading of natural resources, such as forests and wetlands, shall
not be permitted, except when in compliance with all other Chapters
of the City Code of Ordinances.
d. 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 to the
satisfaction of the Department of Public Works.
e. Clearing,
except that necessary to establish sediment control devices, shall
not begin until all sediment control devices have been installed and
have been stabilized.
f. Phasing
shall be required on all sites deemed appropriate at plan review and
as approved by the Department of Public Works.
g. Erosion
control requirements shall include the following:
(1) Soil stabilization shall be completed within five (5) days of clearing
or inactivity in construction.
(2) If seeding or another vegetative erosion control method is used,
it shall become established within two (2) weeks or the Department
of Public Works may require the site to be reseeded or a non-vegetative
option employed.
(3) Techniques shall be employed to ensure stabilization on steep slopes
and in drainage ways.
(4) Soil stockpiles must be stabilized or covered at the end of each
workday.
(5) 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.
(6) Techniques shall be employed to prevent the blowing of dust or sediment
from the site.
(7) Techniques shall be employed to divert upland runoff past disturbed
slopes.
h. Sediment
control requirements shall include:
(1) Settling basins, sediment traps or tanks and perimeter controls.
(2) Settling basins shall be provided for each drainage area with ten
(10) or more acres disturbed at one time and shall be sized to contain
0.5 inch of sediment from the drainage area and be able to contain
a 2-year, 24-hour storm. If the provision of a basin of this size
is impractical, other similarly effective BMPs, as evaluated and specified
the SWPPP, shall be provided.
(3) Settling basins shall be designed in a manner that allows adaptation
to provide long-term storm water management as required by the Department
of Public Works.
(4) Settling basins shall have stabilized spillways to minimize the potential
for erosion of the spillway or basin embankment.
(5) Protection for adjacent properties by the use of a vegetated buffer
strip in combination with perimeter controls.
i. Watercourse
protection requirements shall include:
(1) 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.
(2) Stabilization of any watercourse channels before, during and after
any in-channel work.
(3) 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 materials 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.
(4) All storm water conveyances shall be designed according to the criteria
of the Metropolitan St. Louis Sewer District (MSD) and the necessary
MSD permits obtained.
(5) Stabilization adequate to prevent erosion shall be provided at the
outlets of all pipes and paved channels.
j. Construction
site access requirements shall include:
(1) A temporary access road provided at all sites including a wash-down
area supporting all active sites,
(2) Other measures required by Department of Public Works in order to
ensure that sediment is not tracked onto public streets by construction
vehicles or washed with wash effluent channeled directly into storm
drains.
k. Control
requirements for construction materials, construction wastes and other
wastes generated on site shall include provisions, satisfactory to
the Department of Public Works, for:
(1) 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 ground water.
(2) Collection and disposal of discarded building materials and other construction site wastes, including those listed in Subsection
(2)(k)(1) above.
(4) Control of concrete truck washouts.
(5) Assurance that on-site fueling facilities will adhere to applicable
Federal and State regulations concerning storage and dispensers.
(6) Provision of sufficient temporary toilet facilities to serve the
number of workers on site.
3. Storm Water Pollution Prevention Plan (SWPPP).
a. The design requirements in Subsection
(2) shall be taken into consideration when developing the Storm Water Pollution Prevention Plan. The SWPPP shall be integrated into the required site plan and will be reviewed as part of that submission. The site plan shall include the following:
(1) Name, address and telephone number of the site owner and the name,
address and telephone number of the individual who will be in overall
responsible charge of construction/development activities at the site.
(2) Site address or location description.
(3) A site map showing the outlines of the total project area, the areas
to be disturbed, existing land uses, locations and names of surface
water bodies, locations of temporary and permanent BMPs and such other
information as the Department of Public Works may require.
(4) 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, street and roads;
and information on necessary clearing and grubbing, removal of existing
structures, excavating, filling, spreading and compacting.
(5) A natural resources map identifying soils, forest cover and resources
protected by the State of Missouri or St. Louis County.
(6) An estimate of the runoff coefficient of the site prior to disturbance
and the runoff coefficient after the construction addressed in the
permit application is completed.
(7) Estimated grading quantity.
(8) Details of the site drainage pattern both before and after major
grading activities.
(9) Construction access to site.
(10) Description of BMPs to be utilized to control erosion and sedimentation
during the period of land disturbance.
(11) 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 drainage ways during the
period of construction and land disturbance.
(12) Description of BMPs that will be installed during land disturbance
to control pollutants in storm water discharges that will occur after
land disturbance activity has been completed.
(13) Location of temporary off-street parking and wash down area for related
vehicles.
(14) Sources of off-site borrow material or spoil sites and all information
relative to haul routes, trucks and equipment.
(15) The anticipated sequence of construction and land disturbance activities,
including installation of 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.
(16) All erosion and sediment control measures necessary to meet the objectives
of this Chapter throughout all phases of construction and after completion
of site development. Depending upon the complexity of the project,
the drafting of intermediate plans may be required at the close of
each season.
(17) Seeding mixtures and rates, types of sod, method of seedbed preparation,
expected seeding dates, type and rate of lime and fertilizer application,
and kind and quantity of mulching for both temporary and permanent
vegetative control measures.
(18) Provisions for maintenance of control facilities.
(19) 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 a plan for documentation of actions
and reporting to the Department of Public Works during the project.
(20) Schedules and procedures for routine inspections of any structures
provided to prevent pollution of storm water or to remove pollutants
from storm water and of the site in general to ensure all BMPs are
continually implemented and are effective.
b. Amendment of plan. The permittee shall amend the Storm Water
Pollution Prevention Plan whenever:
(1) Design, operation or maintenance of BMPs is changed;
(2) Design of the construction project is changed that could significantly
affect the quality of the storm water discharges;
(3) Site operator's inspections indicate deficiencies in the SWPPP or
any BMP;
(4) Inspections by the City or by the Missouri Department of Natural
Resources indicate deficiencies in the SWPPP or any BMP;
(5) The SWPPP is determined to be ineffective in significantly minimizing
or controlling erosion or excessive sediment deposits in streams or
lakes;
(6) 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;
(7) Total settleable solids from a storm water 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;
(8) Total settleable solids from a storm water outfall exceeds 2.5 ml/L/hr
for any other outfall; or
(9) The City of Clayton or the Missouri Department of Natural Resources
determines violations of water quality standards may occur or have
occurred.
c. Construction responsibilities.
(1) 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;
(2) Determine the need for and establish training programs to ensure
that all site workers have been trained, as a minimum, in erosion
control, material handling and storage, and housekeeping; and
(3) Provide copies of the SWPPP to all parties who are responsible for
installation, operation or maintenance of any BMP.
(4) Maintain a current copy of the SWPPP on the site at all times.
4. Inspections during construction.
a. The
Department of Public Works shall make inspections as needed and 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. Inspections may be made at random
times or upon permittee notification to the Department of Public Works
at least two (2) working days before the following:
(2) Installation of sediment and erosion measures.
(3) Completion of site clearing.
(4) Completion of rough grading.
(5) Completion of final grading.
(6) Close of the construction season.
(7) Completion of final landscaping.
b. The
permittee or his/her agent shall make 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. Inspections
must be scheduled at least once every two (2) weeks and no later than
seventy-two (72) hours after 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 inspections shall be documented
in written form on biweekly 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:
(1) Inspector's name and signature;
(3) Observations relative to the effectiveness of the BMPs;
(4) Actions taken or necessary to correct deficiencies; and
(5) A listing of areas where land disturbance operations have permanently
or temporarily stopped.
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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.
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c. The Department of Public Works shall make inspections as deemed necessary to ensure the validity of the reports filed under Subsection
(4)(b) above or to otherwise ensure proper installation, operation and maintenance of storm water BMPs and to determine the overall effectiveness of the SWPPP and the need for additional control measures.
5. Costs for plan review and implementation. Any costs incurred
by the City to fulfill the intent of this Section shall be paid by
the applicant. The City shall secure the necessary professional services
and provide an estimate of cost and scope to the applicant. This scope
and cost will be approved by the applicant prior to the City contracting
for these services. The estimated costs will be submitted by the applicant
to the City prior to beginning any work on the project.
[Ord. No. 5965 §1(15-5), 3-13-2007]
A. Stop Work Order—Revocation Of Permit. In the event
that any person holding a site disturbance permit violates the terms
of the permit or implements site development in such a manner as to
materially adversely affect the health, welfare or safety of persons
residing or working in the neighborhood or development site so as
to be materially detrimental to the public welfare or injurious to
property or improvements in the neighborhood, the Department of Planning
and Development or Department of Public Works may suspend or revoke
the building permit or land disturbance permit.
B. Violation And Penalties. No person shall construct, enlarge,
alter, repair or maintain any grading, excavation or fill, or cause
the same to be done, contrary to or in violation of any terms of this
Chapter. Any person violating any of the provisions of this Chapter
shall be deemed guilty of a misdemeanor and each day during which
any violation of any of the provisions of this Chapter is committed,
continued or permitted shall constitute a separate offense. Upon conviction
of any such violation, such person, partnership or corporation shall
be punished by a fine of not more than one thousand dollars ($1,000.00)
for each offense. In addition to any other penalty authorized by this
Section, any person, partnership or corporation convicted of violating
any of the provisions of this Chapter shall be required to bear the
expense of such restoration.
C. Project Closure Requirements. Any site development escrows
or bonds will not be fully released to the site operator or permittee
until all of the following have been completed:
1. All
temporary storm water control BMPs have been removed and the site
has been fully stabilized.
2. All
permanent storm water control BMPs have been completed.
3. All
final inspections/certifications have been completed by each of the
government jurisdictions involved in authorizing the project.