[Ord. No. 2782 §1, 8-2-2006]
These regulations shall be known as the "Land Disturbance Code"
of Ellisville, Missouri, hereinafter referred to as "this code".
[Ord. No. 2782 §1, 8-2-2006]
For the purpose of this code, the following terms, phrases,
words and their derivations shall have the meanings given herein.
Where terms are not defined by this Section, such terms shall have
ordinarily accepted meanings such as the context implies.
ARMY CORPS OF ENGINEERS
The Army Corps of Engineers acting through its Director or
his/her duly authorized designee.
BEST MANAGEMENT PRACTICES OR BMP
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. BMP
also include treatment and requirements, operating procedures and
practices to control plant site runoff, spillage or leaks, sludge
or waste disposal or drainage from raw material storage and both structural
and non-structural measures to control, treat or prevent storm water
runoff pollution within waters of the State. "Structural measures" means engineered devices and "non-structural measures" includes,
but is not limited to, alternative site design ordinance and zoning,
education and good housekeeping measures. Types of BMP include, but
are not limited to:
1.
State-approved standard specifications and permit programs.
2.
Employee training in erosion control, material handling and
storage and housekeeping for maintenance areas.
3.
Site preparation such as grading, surface roughening, topsoiling,
tree preservations and protection and temporary construction entrances.
4.
Surface stabilization such as temporary seeding, permanent seeding,
mulching, sodding, ground cover including vines and shrubs, riprap
and geotextile fabric. Mulches may be hay, straw, fiber mats, netting,
wood cellulose, corn or tobacco stalks, bark, corncobs, wood chips
or other suitable material which is reasonably clean and free of noxious
weeds and deleterious materials. Grasses used for temporary seeding
shall be a quick growing species such as rye grass, Italian rye grass
or cereal grasses suitable to the area and which will not compete
with the grasses sown later for permanent cover.
5.
Runoff control measures such as temporary diversion dikes or
berms, permanent diversion dikes or berms, right-of-way or perimeter
diversion devices and retention and detention basins; and sediment
traps and barriers, sediment basins, sediment (silt) fence and staked
straw bale barriers.
6.
Runoff conveyance measures such as grass-lined channels, riprap
and paved channels, temporary slope drains, paved flumes or chutes;
and slope drains may be constructed of pipe, fiber mats, rubble, Portland
cement concrete, plastic sheets or other materials that adequately
will control erosion.
7.
Inlet and outlet protection.
8.
Stream bank protection such as a vegetative greenbelt between
the land disturbance and the watercourse. Also, structural protection
which stabilizes the stream channel.
9.
A critical path method analysis or a schedule for performing
erosion control measures.
10.
Other proven methods for controlling runoff and sedimentation.
BOCA
Refers to the currently adopted BOCA National Building Code;
these regulations are designed to be used with the adopted BOCA Codes
as a reference for minimum performance standards.
BUILDING DEPARTMENT
The Ellisville Building Department acting through its Director
or his/her duly authorized designee.
CITY
The City of Ellisville, Missouri.
CLEARING
Any activity that removes the vegetative surface cover or
destroys the root system.
COUNTY
St. Louis County, Missouri.
DEBRIS OR SEDIMENT BASIN
A barrier or dam built across a waterway or at other suitable
locations to retain rock, sand, gravel, silt or other materials.
DEPARTMENT OF PUBLIC WORKS
The Ellisville Department of Public Works acting through
its Director or his/her duly authorized designee.
DIVERSION
A channel with or without a supporting ridge on the lower
side constructed across or at the bottom of a slope.
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.
EROSION CONTROL
Any best management practices (BMP) that prevents or minimizes
erosion.
EXCAVATION OR CUT
The removal, stripping or disturbance of soil, earth, sand,
rock, gravel or other similar substances from the ground.
EXISTING GRADE
The vertical location of the existing ground surface prior
to excavations or filling.
FEMA
Federal Emergency Management Agency.
FILL OR FILLING
The placing of any soil, earth, sand, rock, gravel or other
substance on the ground.
FINISHED GRADE
The final grade or elevations of the ground surface conforming
to the proposed design.
GRADING
Reshaping the ground surface through excavation and/or fill
of material.
LAND DISTURBANCE ACTIVITIES
Clearing, grading or any related work which results in removal
of the natural site vegetation or destruction of the root zone or
otherwise results in leaving the ground surface exposed to soil erosion
through the action of wind or water.
LAND DISTURBANCE, MAJOR
Any land disturbance activity involving one (1) acre or more
of land or a site involving less than one (1) acre that is part of
a proposed development that will ultimately disturb one (1) acre or
more.
LAND DISTURBANCE PERMIT
A permit issued by the authority having jurisdiction authorizing
a land disturbance activity at a specific site subject to conditions
stated in the permit. A land disturbance permit may be for any one
(1) or more major or ordinary land disturbance activities.
NPDES
National Pollution Discharge Elimination System-Federal legislation
that requires cities to establish permit procedures to control sediment
pollution.
PERIMETER CONTROL
A barrier that prevents sediment from leaving a site by filtering
sediment-laden runoff or diverting it to a sediment trap or basin.
PHASING
Clearing a parcel of land in distinct stages with the stabilization
of each phase substantially completed before the clearing of the next.
QUALIFIED PROFESSIONAL
A Missouri licensed professional engineer or other person
or firm knowledgeable in the principles and practices of erosion and
sediment control, including the best management practices described
in this code.
SEDIMENT
Solid material, mineral or organic, that has been moved by
erosion and deposited in a location other than the point of origin.
SEDIMENT CONTROL
Any best management practices (BMP) that prevents eroded
sediment from leaving a site.
SILT TRAPS OR FILTERS
Staked bales or silt fencing systems that function as a filter
and a velocity check to trap fine-grained sediment while allowing
satisfactory passage for storm water runoff.
SITE
A lot or parcel of land, or a contiguous combination thereof,
where grading work is performed as a single unified operation.
SITE DEVELOPMENT
Altering terrain and/or vegetation and constructing improvements.
STABILIZATION
The use of best management practices (BMP) that prevent exposed
soil from eroding from a land disturbance site.
STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
A management plan, the purpose of which is to ensure the
design, implementation, management and maintenance of best management
practices 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 and County and ensure compliance
with the terms and conditions of the applicable State permits, including
adherence to the land disturbance program contained in Missouri MS4
NPDES permits.
STREAM BANK, TOP OF EXISTING
The usual boundaries, not the flood boundaries, of a stream
channel. The top of the natural incline bordering a stream.
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. 2782 §1, 8-2-2006]
Other Laws. The provisions of this code shall
be interpreted consistent with, and shall not be deemed to nullify,
any related provisions of City, County, State or Federal law.
[Ord. No. 2782 §1, 8-2-2006]
A. Department Of Public Works. The Department of Public Works
shall have the authority and responsibility to perform the following
functions related to the enforcement of this code, including:
1. Receive
applications for major land disturbance permits;
2. Coordinate
the review of major land disturbance permit applications and accompanying
documents with City departments and the Metropolitan St. Louis Sewer
District (MSD), Department of Natural Resources and Corps of Engineers,
if necessary;
3. Issue
major land disturbance permit in coordination with the departments
of the City, the Metropolitan St. Louis Sewer District (MSD), Department
of Natural Resources and Corps of Engineers, if necessary;
4. Inspect
major land disturbance activities;
5. Inspect
land disturbance activities within or abutting areas designated 100-year
flood plain;
6. Receive
applications, perform plan review, inspect and issue permits for ordinary
land disturbance activities relating to best management practices
to be utilized to control erosion and sedimentation from leaving the
site during construction and other land disturbance activities;
7. Plan
review of major land disturbance activities;
8. Plan
review and inspection of land disturbance activities related to construction,
repair, maintenance or condition of roadways and roadway right-of-ways
which are maintained by the City;
9. Plan
review of land disturbance activities within or abutting areas designated
100-year flood plain; and
10. Administer
the determination, collection and release of site development escrows
required by this code.
B. Issuance Of Permit.
1. The
Department of Public Works shall promptly issue a land disturbance
permit upon determination that all applicable provisions of this code
have been met. No major land disturbance permit or ordinary land disturbance
permit shall be issued if the Department of Public Works finds that
the proposed land disturbance activity would result in a material
change in the amount or pattern of surface water runoff to the substantial
injury of neighboring public or private property or right-of-way.
2. All
land disturbance activities shall be carried out in such a manner
as to minimize inconvenience and harm to adjacent properties and property
owners.
C. Departments
having enforcement authority and responsibilities described in this
code shall have the authority, as necessary in the interest of public
health, safety and general welfare, to adopt and promulgate interpretations
to implement the provisions of this code in order to secure the intent
thereof and to designate requirements applicable because of local
climatic or other conditions. Such interpretations shall not have
the effect of waiving requirements specifically provided for in this
code or of violating accepted engineering practices involving the
purpose of this code.
D. The City
shall not be liable to any person or entity for any action taken pursuant
to authority of this code or for failure to take action authorized
by this code.
[Ord. No. 2782 §1, 8-2-2006]
A. Unlawful Acts. It shall be unlawful for any person, firm
or corporation to perform any land disturbance activities or cause
or allow same to be done in conflict with or in violation of any of
the provisions of this code.
B. Violation—Notice—Abatement.
1. Whenever
the enforcement personnel find evidence of a violation of any provision
of this Chapter, written notice thereof shall be given to the responsible
party (owner and/or occupant as the case may be). Such notice shall
be in writing and shall include:
a. A
statement of the provisions being violated, together with a designation
of the remedial action to be taken;
b. The
period of time within which such remedial action shall be completed,
which time shall be a reasonable period of time under all of the circumstances;
c. A
notice of the penalty for failure to timely remove or abate the violation,
including that a summons will be issued for hearing before the Municipal
Court; and
d. A
statement that if the violation reoccurs within a period of twelve
(12) months after the aforesaid date by which the violation shall
be removed or abated, a summons may be issued without further notice.
Such notice shall be served by the enforcement personnel by delivering
a copy to the responsible party or by sending a copy of the notice
by registered or certified mail with return receipt requested to the
last known address or, if the address of the responsible party is
unknown, by posting a copy of such notice in a conspicuous place in
or about the property affected by the notice. The notice shall be
deemed served on the date delivered or received or ten (10) days after
posting.
2. The
responsible party shall remedy the conditions specified in such notice
within the time designated therein, provided that the enforcement
personnel may, for good cause, extend the time for compliance with
any such notice.
3. Once
notice has been given to a person regarding a violation, if the same
violation recurs in or on the same lot or tract of land or land adjacent
thereto within twelve (12) months after the date stated in the notice
as the deadline to remove or abate the violation, no further notice
shall be required and the same person may be summoned into Municipal
Court regarding the recurring violation.
4. If a warning notice is given as provided in Subsection
(B)(3) and if after the time for removal or abatement has lapsed, the property is reinspected and the inspector finds and determines that the violation has not been removed or abated, the inspector shall fill out and sign as the complainant a complaint and information form, hereinafter referred to as a summons, directed by name to the occupant, owner or person in charge of the property showing the address or legal description of the property on which the violation is located and such other information as may be available to the inspector and setting forth in general the nature of the violation and may serve the summons on the occupant, owner or person in charge or any or all such persons. If a notice is not required under Subsection
(B)(5), the inspector who finds and determines that a violation has recurred may fill out and sign as the complainant a complaint and information form as provided above and may serve the summons on any person who is not entitled to notice under Subsection
(B)(5). The summons shall contain a date on which the case will be on the Municipal Court docket for a hearing. The City's prosecuting attorney or assistant prosecuting attorney shall sign the original copy of all such summons and the original thereof shall be forwarded to the Clerk of the Municipal Court for inclusion on the court's docket for the date shown on the summons. If the violation is corrected prior to the court date, the inspector may request the prosecuting attorney to dismiss the matter. If the matter is dismissed, notice of dismissal shall be promptly provided to the summoned party.
5. If no one is found at the property to accept a summons for failure to remove or abate a violation, the inspector shall fill out and sign the summons as the complainant as provided in Subsection
(B)(1) and deliver the original and one (1) copy of the summons to the Clerk of the Municipal Court. The Clerk shall then mail the copy of the summons by ordinary mail, postage prepaid to the person named therein at the address shown on the summons or at such other address as the person charged therewith may be found or shall be known to reside. If the mail is duly addressed to the person named in the summons at the address as provided above and is not returned to the City, it shall be deemed to have been delivered and received by the person to whom addressed.
C. Violation, Penalties. Any person, firm or corporation who shall violate any provision of this code or who shall fail to comply with any of the requirements thereof or who shall perform work in violation of the approved construction documents or the storm water pollution prevention plan or any directive of the Department of Public Works or of a permit or certificate issued under the provisions of this code or shall start any work requiring a permit without first obtaining a permit therefore or who shall continue any work in or about a structure after having been served a stop work order except for such work which that person, firm or corporation has been directed to perform to remove a violation or unsafe conditions, or any owner of a property or any other person who commits, takes part or assists in any violation of this code or who maintains any property on which such violation shall exist shall be a misdemeanor punishable according to Section
100.110 of the Ellisville Municipal Code.
D. No Permit Penalty. In addition to the penalties set out
above, the following procedure shall be followed where the Department
of Public Works determines that work has been started prior to the
acquisition of a permit required by this code:
1. The
department shall issue a stop work order.
2. The
department Director shall notify the violator of his/her assessment
regarding the appropriate penalty amount to be assessed against the
violator, which shall not exceed one thousand dollars ($1,000.00)
for each day that work occurs without a permit. In making the assessment,
the department shall consider whether the violator has previously
violated this code and whether the occupation or experience of the
violator indicates that he/she knew or should have known that a permit
was required. In no case will a no permit penalty be assessed against
a property owner unless he/she actually performed the work involved.
3. The
violator shall either accept the penalty assessment and pay the assessed
penalty amount (certified check or cash only) to the City department
or pursue a timely appeal.
4. In the
event of an appeal, the department may revise its assessment upon
notice to both the City Manager and the violator at any time prior
to the hearing. Likewise, at any time prior to the hearing, the violator
may accept and pay the recommended penalty amount and the hearing
will be canceled.
E. Abatement Of Violation. The imposition of the penalties
herein prescribed shall not preclude the City from instituting appropriate
action to prevent unlawful construction or to restrain, correct or
abate a violation or to prevent illegal use of a property or to stop
an illegal act.
F. Permit Suspension Or Revocation. When a land disturbance
activity is conducted in violation of the requirements of this code
or the terms of the permit in such a manner as to materially adversely
affect the safety, health or welfare of persons or materially be detrimental
or injurious to property or improvements, the Department of Public
Works may suspend or revoke such permit.
G. Stop Work Order. Upon notice from the Department of Public
Works that work on any property is being prosecuted contrary to the
provisions of this Code or in an unsafe and dangerous manner, such
work shall be immediately stopped. The stop work order shall be in
writing and shall be given to the owner of the property involved,
or to the owner's agent, or to the person doing the work; and shall
state the conditions under which work will be permitted to resume.
H. Unlawful Continuance. Whenever the Department of Public Works finds that any land disturbance activity is being prosecuted contrary to the provisions of this code or in an unsafe and dangerous manner, the owner or the person performing such activity shall immediately stop such activity. The stop work order shall be in writing and shall be given to the owner of the property involved or to the owner's agent or to the person doing the work and shall state the conditions under which work will be permitted to resume. Any person who shall continue any work in or about the property after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as specified in this Section and Section
100.110 of the Ellisville Municipal Code.
[Ord. No. 2782 §1, 8-2-2006]
A. Application For Appeal. Any person shall have the right to appeal a decision of the Department of Public Works to the Board of Adjustment pursuant to Chapter
400, Article
III, Section
400.140 of this Title. An application for appeal shall be based on a claim that the intent of this code or the rules or regulations adopted thereunder have been incorrectly interpreted or the provisions of this code do not apply.
B. Resolution. The decision of the Board of Adjustment shall
be in writing. Copies shall be furnished to the appellant and to the
Department of Public Works.
C. Administration. The applicable department shall take immediate
action in accordance with the decision of the Board of Adjustment.
D. Court Review. A party adversely affected by a decision
of the Board of Adjustment may appeal to an appropriate court from
such decision. Application for review shall be made in the manner
and time required by law following the filing of the decision.
E. Payment. Upon conclusion of any and all timely review proceedings,
the final assessed penalty shall be immediately paid.
[Ord. No. 2782 §1, 8-2-2006]
A. Permit Required. Any person who intends to conduct any land disturbance activity must obtain a permit prior to beginning the activity. The type of permit shall be as required by Subsections
(B) or
(C) in this Section.
B. Major Land Disturbance Permit. No person shall perform any
major land disturbance activity prior to receipt of a major land disturbance
permit. Applications for major land disturbance permits shall be filed
with the Department of Public Works.
C. Ordinary Land Disturbance Permit. No person shall perform
any ordinary land disturbance activity prior to receipt of an ordinary
land disturbance permit. Applications for ordinary land disturbance
permits shall be filed with the Department of Public Works.
1. Building permit and related ordinary land disturbance activities. The Department of Public Works may include ordinary land disturbance
activities associated with the construction of a building, structure
or parking lot authorized by a permit issued under the Building Code
as an integrated permit for the proposed construction.
D. Limitation On Transfer Of Land Disturbance Permits. Any person who buys land from a person who has been issued a land disturbance permit under Subsections
(B) or
(C) of this Section must obtain a separate land disturbance permit from the City, except that major land disturbance permits and ordinary land disturbance permits may be transferred to a new land owner provided the original permit holder obtains the approval of the Department of Public Works and retains responsibility for the land disturbance activities on such property.
[Ord. No. 2782 §1, 8-2-2006; Ord. No. 3035 §7, 7-20-2011]
A. Land
disturbance permits are not required for the following activities:
1. Any
emergency activity that is immediately necessary for the protection
of life, property or natural resources.
2. 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. This
exception does not apply to any land disturbance activity associated
with work that requires a building permit.
B. Land
disturbance permits are not required for the following activities,
provided the activity does not alter, or cause to be altered, the
present surface of the ground:
1. By any
cut or fill at the property line;
2. By any
cut or fill that would permanently divert one drainage area to another
drainage area;
3. By any
cut or fill which would deposit mud or harmful silt or create erosion
or damage to adjoining properties; or
4. By any
cut or fill that would block or affect an existing swale or drainage
path in a manner to cause damming and ponding:
a. Grading
of land that does not remove or destroy more than five thousand (5,000)
square feet of tree canopy coverage in one (1) year or less for bona
fide farming, nurseries, landscaping or gardening or similar agricultural
or horticultural use whenever there is substantial compliance with
recommendations or standards of the local soil conservation authority;
provided however, that this exception shall not include or exempt
from the permit requirement any grading in anticipation of or in preparation
for construction of buildings or any construction or development that
would require rezoning or subdivision of the land.
b. Land
disturbance for residential purposes on any lot of three (3) acres
or less containing a single-family residence for which an occupancy
permit has been issued; provided appropriate measures are taken to
prevent increased site erosion, water runoff, siltation or other damage
to neighboring property. Where it is determined that such erosion
measures are not being taken, the Director of Public Works may revoke
application of this exemption to the subject site. (The City requires
sump pump discharge, surface water runoff concentrated into an enclosed
pipe system and any other water collected by artificial means shall
not be discharged closer than ten (10) feet from any property line
and not within any public right-of-way or on public property without
prior permission from the City Engineer.)
c. Land
disturbance activities involving less than thirty (30) cubic yards
of earth/soil moved and less than two thousand (2,000) square feet
of disturbed area 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 associated with additions to and accessory
structures for one- and two-family dwellings.
e. Removal
of existing or dying grass or similar vegetation by disturbing not
more than ten thousand (10,000) square feet and resodding or reseeding
with new landscaping to include preparation of the seed bed; provided
erosion and sediment control measures are provided until the grass
or other vegetation is established. Any cut or fill in conjunction
with the preparation of the seedbed shall not exceed thirty (30) cubic
yards.
f. Gardening
and similar activities on property occupied by one- or two-family
dwellings.
[Ord. No. 2782 §1, 8-2-2006]
The applicant must obtain a land disturbance permit from the
State of Missouri Department of Natural Resources for any site where
one (1) acre or more of land will be disturbed before beginning any
site work authorized by a City permit. This requirement applies to
sites of less than one (1) acre that are part of a proposed development
that will ultimately disturb one (1) acre or more. A copy of the State
application and permit must be included in the application to the
City.
[Ord. No. 2782 §1, 8-2-2006]
A. Permit Applications. Applications for land disturbance permits
required by this code shall be in the form prescribed by and accompanied
by the site plans and documents determined necessary by the Department
of Public Works. Applications for land disturbance permits shall include
proof that proposed land disturbance and uses have received any applicable
zoning approval from the City.
1. Photographs/videotaping. It shall be the duty of the Director
of Public Works, immediately prior to the time of designating the
route or routes or alternate route or routes as provided above, to
examine the condition of the streets to be used and to photograph
or videotape the streets showing the condition of the pavement, curbs,
sidewalks and other physical features, which shall be dated and a
memorandum made of the location shown by such photographing. Within
five (5) days after termination of the use of the streets as herein
provided, it shall be the duty of the Director to have additional
photographs or video tapes made and proper descriptive matter included
therewith.
2. Inspection. In addition to the taking of photographs before
and after construction, the Director of Public Works shall cause a
thorough inspection to be made of the condition of the pavement of
the streets designated and used under the permit, as well as the curbs
and sidewalks, and shall make written reports of his/her findings,
including with his/her report after termination or completion of the
work his/her estimate of the cost of restoring the streets to its
original condition as well as any curbs or sidewalks or other public
property.
3. Damage to streets, etc. At the time the Director of Public
Works designates the route or routes to be used as provided above,
he/she shall notify the contractor that the City will hold the contractor
liable for unusual wear and tear or damage to streets, curbs, sidewalks
or other public facilities and that acceptance of the route or routes
by the contractor shall constitute an agreement on his/her part to
pay the reasonable cost of restoring the streets, curbs and sidewalks
in question to their original condition if the surety amount determined
to cover such damage is insufficient. Within thirty (30) days after
termination or completion of the contractor's usage of said route
or routes under the grading permit, the contractor shall pay to the
City an amount sufficient to reimburse the City for the expense of
restoring the streets, sidewalks and curbs to their original condition.
4. Barriers at construction site. After new excavation or construction
is commenced on any lot or tract of land in the City and until sodding,
planting, concreting, paving or other final surfacing is in place
which will avoid washing or spreading of dirt and mud onto other property,
sidewalks, curbs, gutters, streets and the space between sidewalks
and curbs, the owner of the property or the contractor or builder
in charge of work shall erect and maintain temporary walls or other
approved barriers to prevent such washing or spreading of mud or dirt.
At the end of each day and as required and necessary throughout the
day during the course of excavating or construction, dirt and mud
on the sidewalks, curbs, gutters and streets and the space between
sidewalk and street, resulting from work, must be removed.
[Ord. No. 2782 §1, 8-2-2006]
All applications for major land disturbance permits shall be
accompanied by a Storm Water Pollution Prevention Plan prepared for
the specific site by or under the direction of a qualified professional
which shall be dated and bear the qualified professional's original
seal and signature. The application shall contain 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 and the applicant will assume and acknowledge responsibility
for compliance with this code and the Storm Water Pollution Prevention
Plan at the site of the permitted activity.
[Ord. No. 2782 §1, 8-2-2006]
A. Applicants
for land disturbance permits shall, upon approval of their application
but prior to issuance of permit, file a site development escrow in
the form of a letter of credit or other improvement security in an
amount deemed sufficient by the Department of Public Works to cover
all costs of required erosion and sediment controls, watercourse protections,
site access controls and material and waste controls.
B. Release Of Escrows—Project Closure. Any site development
escrow will not be fully released to the property owner, site operator
or permit holder until all of the following have been completed:
1. All
temporary control best management practices (BMP) have been removed
and the site has been fully stabilized.
2. All
permanent control best management practices (BMP) have been completed.
3. All
final land disturbance inspections/certifications have been completed
by each of the government jurisdictions involved in authorizing the
project.
[Ord. No. 2782 §1, 8-2-2006]
A. Land
disturbance permits shall not be issued until the fees associated
with the permit are paid to the City.
B. Department Of Public Works. Fees for the activities of the Department of Public Works related to land disturbance permits shall be in accordance with the fee rates established in Section
500.020 of this Code. In applying the fee schedule, the total estimated cost of land disturbance activities shall include applicable grubbing, site clearing, rough grading, sediment and erosion control measures, excavating, backfill, final grading, concrete flatwork, asphalt pavement and final landscaping. The Department of Public Works may require a bona fide contract or an affidavit of the owner of the project in which the applicant and owner verify the total cost of the site improvements related to the permit.
[Ord. No. 2782 §1, 8-2-2006]
A. Content—Storm Water Pollution Prevention Plan (SWPPP). Compliance with the design requirements of this code is required
when developing the Storm Water Pollution Prevention Plan and the
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 charge of construction/development
activities at the site.
2. Site
address or location description and parcel identification number(s).
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 flood plains, locations of temporary and permanent
best management practices (BMP) and such other pertinent information
as may be required by the Department of Public Works.
4. Existing
contours of the site and adjoining strips of off-site property and
proposed contours after completion of the proposed land disturbance
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 materials brought to the site, spreading
and compacting. Existing and proposed contours shall be shown at two
(2) foot elevation intervals.
5. A natural
resources map identifying soils, forest cover and resources protected
under other provisions of Ellisville ordinances.
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
quantity of land to be disturbed.
8. Details
of the site drainage pattern both before and after major land disturbance
activities.
9. Access
to construction site.
10. Description
of best management practices (BMP) to be utilized to control erosion
and sedimentation during the period of land disturbance.
11. Description
of best management practices (BMP) 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 best management practices (BMP) 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 best management practices (BMP), removal
of temporary best management practices (BMP), stripping and clearing;
rough grading; construction 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 code 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 including easements and estimates
of the cost of maintenance.
19. Plans
for responding to any loss of contained sediment to include the immediate
actions the permit holder will take in case of a containment failure.
This plan must include documentation of actions and mandatory reporting
to the Department of Public Works.
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 best management practices
(BMP) are continually implemented and are effective.
B. Required Plan Amendments—Storm Water Pollution Prevention Plan
(SWPPP). The permit holder shall amend the Storm Water Pollution
Prevention Plan whenever:
1. Design,
operation or maintenance of best management practices (BMP) is changed;
2. Design
of the construction project is changed in a way that could significantly
affect the quality of the storm water discharges;
3. Site
operator's inspections indicate deficiencies in the Storm Water Pollution
Prevention Plan (SWPPP) or any best management practices (BMP);
4. Inspections
by the City or by the Missouri Department of Natural Resources indicate
deficiencies in the Storm Water Pollution Prevention Plan (SWPPP)
or any best management practices (BMP);
5. The
Storm Water Pollution Prevention Plan (SWPPP) is determined to be
ineffective in significantly minimizing or controlling erosion or
excessive sediment deposits in streams or lakes;
6. The
Storm Water Pollution Prevention Plan (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 one-half (0.5)
ml/L/hr if the discharge is within the prescribed proximity of a "valuable
resource water" as defined by the Missouri Department of Natural Resources;
8. Total
settleable solids from a storm water outfall exceeds two and one-half
(2.5) ml/L/hr for any other outfall; or
9. The
City or the Missouri Department of Natural Resources determines violations
of water quality standards may occur or have occurred.
[Ord. No. 2782 §1, 8-2-2006]
A. The permit
holder shall:
1. Notify
all contractors and other entities (including utility crews, City
or County employees or their agents) that will perform work at the
site of the existence of the Storm Water Pollution Prevention Plan
(SWPPP) and what actions or precautions shall be taken while on site
to minimize the potential for erosion and the potential for damaging
any best management practices (BMP);
2. Determine
the need for and establish training programs to ensure that all site
workers have been trained, at a minimum, in performing erosion control,
material handling and storage and housekeeping;
3. Provide
copies of the Storm Water Pollution Prevention Plan (SWPPP) to all
parties who are responsible for installation, operation or maintenance
of any best management practices (BMP); and
4. Maintain
a current copy of the Storm Water Pollution Prevention Plan (SWPPP)
on the site at all times.
[Ord. No. 2782 §1, 8-2-2006]
A. Design. The design of erosion and sediment controls required
for land disturbance activities shall comply with the following minimum
requirements:
1. Land
disturbance, erosion and sediment control practices and watercourse
crossings shall be adequate to prevent transportation of sediment
from the site.
2. Materials
brought to any site or property under a permit issued under this code,
where said material is intended to be utilized as fill material at
the site for land disturbance, erosion or sediment control, shall
consist of clean uncontaminated earth, soil, dirt, sand, rocks, gravel
or masonry materials or other approved materials.
3. Cut
and fill slopes shall be no greater than 3:1 except as approved by
the Department of Public Works to meet other community or environmental
objectives. All exactions, grading or filling shall have a finished
grade not to exceed a 3:1 slope (thirty-three percent (33%)). Steeper
grades may be approved by the Director of Public Works if the excavation
is through rock or if the excavation or the fill is adequately protected
(a designed head wall or toe wall may be required). Turf reinforce
mattresses (TRM), rock slopes and other best management practices
(BMP) could be utilized for slopes in excess of 3:1, but should be
approved by a qualified geotechnical engineer hired by the developer
and approved by the City prior to and/or during installation and they
should be listed for concurrence prior to installation. Retaining
walls that exceed a height of forty-two (42) inches shall require
the construction of safety guards as identified in the appropriate
Section(s) of the adopted building codes and must be approved by the
City Building Department. Permanent safety guards shall be constructed
in accordance with the appropriate Section(s) of the adopted BOCA
Codes (latest edition). Also, the following water quality issues as
a reference can be used: Protecting Water Quality—A Field Guide
to Erosion, Sediment and Storm Water Best Management Practices for
Development Sites in Missouri.
4. Clearing
and grading of natural resources, such as forests and wetlands, shall
not be permitted, except when in compliance with all other City ordinances.
5. 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.
6. Clearing,
except that necessary to establish sediment control devices, shall
not begin until all sediment control devices have been installed and
have been stabilized.
7. Phasing
shall be required on all sites disturbing greater than twenty (20)
acres of land. The size of each phase will be established by the Department
of Public Works at the time of plan review for the issuance of a major
land disturbance permit. Phasing should identify the expected date
on which clearing will begin, the estimated duration of exposure of
cleared areas and the sequence of clearing, installation of temporary
sediment control measures, installation of storm drainage, paving
streets and parking areas and establishment of temporary and permanent
vegetative cover. The Director of Public Works may waive specific
requirements for the content of submissions upon finding that the
information submitted is sufficient to show that the work will comply
with the objective and principles of these regulations.
B. Erosion Control Design. 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 site shall be reseeded or
a non-vegetative option employed. Where natural vegetation is removed
during grading, vegetation shall be re-established in such a density,
seventy-five percent (75%) vegetative cover of area disturbed, as
to prevent erosion. Permanent type grasses shall be established as
soon as possible or during the next seeding period after grading has
been completed. When grading operations are completed or suspended
for more than thirty (30) days, permanent grass must be established
at sufficient density, fifty percent (50%) to seventy-five percent
(75%) vegetative cover, to provide erosion control on the site. Between
permanent grass seeding periods, temporary cover shall be provided
according to the Direct of Public Works' recommendations. All finished
grades (areas not to be disturbed by future improvements) in excess
of twenty-percent (20%) slopes (5:1) shall be mulched and tacked as
directed by the Director of Public Works.
3. Techniques
shall be employed to ensure stabilization on steep slopes and in drainage
ways. Provisions shall be made to accommodate the increased runoff
caused by changed soil and surface conditions during and after grading.
Unvegetated open channels shall be designed so that gradients results
in velocities of two (2) fps (feet per second) or less. Open channels
with velocities more than two (2) fps and less than five (5) fps shall
be established in permanent vegetation by use of commercial erosion
control blankets or lined with rock riprap or concrete or other suitable
materials as approved by the Director of Public Works. Detention basins,
diversions or other appropriate structures, as required by the Director
of Public Works, shall be constructed to prevent velocities above
five (5) fps.
4. Soil
stockpiles must be stabilized or covered at the end of each workday
or perimeter controls must be in place to prevent silt from the stockpile
from leaving the site.
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. The
adjoining ground to development sites (lots) shall be provided with
protection from accelerated and increased surface water, silt from
erosion and any other consequences of erosion. Runoff water from developed
areas (parking lots, paved sites and buildings) above the area to
be developed shall be directed to diversions, detention basins, concrete
gutters and/or underground outlet systems. Sufficiently anchored straw
bales may be temporarily substituted with the approval of the Director
of Public Works. All lots shall be seeded and mulched at the rates
as determined by the City Engineer or sodded before an occupancy permit
shall be issued except that a temporary occupancy permit may be issued
by the Building Department in cases of undue hardship because of unfavorable
ground conditions.
8. The Director of Public Works shall, at least two (2) days before the commencement of work and usage of the streets and rights-of-way of the City, notify the contractor of the route or routes to be used by such trucks and equipment. It shall be the duty of the Director of Public Works to perform pre- and post-construction inspections, via photograph or videotape, to determine the necessary restoration required to be performed by the contractor. If after thirty (30) days from notification by the Director of Public Works the contractor does not perform the necessary repairs, he/she will be considered in violation of this Section and be subject to the penalties detailed in Section
100.110 of the Ellisville Municipal Code.
C. Sediment Control Design. 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 within ten (10) or
more acres disturbed at one time and shall be sized to contain one-half
(0.5) inch of sediment from the drainage area and be able to contain
a 2-year, twenty-four (24) hour storm. If the provision of a basin
of this size is impractical, other similarly effective best management
practices (BMP), as evaluated and specified in the Storm Water Pollution
Prevention Plan (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(s)
having enforcement authority and responsibilities described in this
code.
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.
D. Watercourse Design. 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. All County, State
and Federal permits and approvals shall be obtained by a permit holder
prior to beginning work authorized by a land disturbance permit.
2. Development
along natural watercourses shall have residential lot lines, commercial
or industrial improvements, parking areas or driveways set back a
minimum of fifty (50) feet from the top of the existing stream bank.
The watercourse shall be maintained and made the responsibility of
the subdivision trustees or, in the case of a site plan, by the property
owner. Permanent vegetation shall be left intact. Variances will include
designed stream bank erosion control measures and shall be approved
by the Direct of Public Works. FEMA and U.S. Army Corps of Engineers
guidelines shall be followed where applicable regarding site development
areas designated as floodplains and wetlands.
3. Stabilization
of any watercourse channels before, during and after any in-channel
work.
4. 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 land disturbance
activities have ceased.
5. All
storm water conveyances shall be designed according to the latest
criteria of the St. Louis Metropolitan Sewer District (MSD) and the
necessary MSD permits obtained.
6. Stabilization
adequate to prevent erosion shall be provided at the outlets of all
pipes and paved channels.
E. Construction Site Access Design. Construction site access
requirements for major land disturbance activities shall include:
1. A temporary
access road provided at all land disturbance sites including a wash
down area supporting all active sites.
2. The
Department of Public Works may require other measures to ensure that
construction vehicles do not track sediment onto public streets or
be washed with wash effluent channeled directly into storm drains.
F. Control Of Construction Materials And Waste. Control requirements
for construction materials, construction wastes and other wastes generated
on site at land disturbance sites shall include provisions satisfactory
to the City.
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
(F)(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 major land disturbance sites.
[Ord. No. 2782 §1, 8-2-2006]
A. Department Of Public Works—General. The Department
of Public Works shall make inspections as herein required and shall
either approve that portion of the work completed or shall notify
the permit holder wherein the work fails to comply with this code
and applicable permits and plans. Plans for land disturbance, stripping,
excavating and filling work bearing the stamp of approval of the City
department issuing the permit shall be maintained at the site during
the progress of the work. To obtain inspections, a permit holder shall
notify 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. Extra Inspections. In addition to the inspections otherwise
required, the Department of Public Works is authorized to perform
and charge fees for extra inspections or reinspections which in its
judgment are reasonably necessary due to non-compliance with the requirements
of this code or work not being ready or accessible for inspection
when requested.
C. All erosion
and sediment control facilities shall be inspected following each
rainstorm causing significant runoff or being of sufficient intensity
or duration as to stop construction or grading progress. As a result
of such inspections or any time the following are found:
1. Excess
sediment has accumulated in silt control devices,
2. Sediment
or erosion control devices have been damaged,
3. Obvious
gullies or sediment deposits have formed on the downstream side of
control devices, or
4. Sediment
has been carried beyond the working site,
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the devices shall be cleaned of sediment, repaired if damaged
and restored to serviceable conditions.
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D. Permit Holder Inspection And Report Responsibilities—Major
Land Disturbances. The holder of a major land disturbance
permit or his/her agent shall cause regular inspections of land disturbance
sites by a qualified special inspector. Inspections shall include
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 Storm Water Pollution Prevention Plan. Inspections
must be scheduled at least once per week and no later than twenty-four
(24) hours after heavy rain. The purpose of such inspections will
be to ensure proper installation, operation and maintenance of best
management practices and to determine the overall effectiveness of
the Storm Water Pollution Prevention Plan and the need for additional
control measures. All inspections shall be documented in written form
on weekly reports with copies submitted to the Department of Public
Works at the time interval specified in the permit. Permit holder
inspection reports must include the following minimum information:
1. Inspector's
name and signature;
3. Observations
relative to the effectiveness of the best management practices;
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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The permit holder 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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E. Verification Of Permit Holder's Reports. The Department
of Public Works may make extra inspections as deemed necessary to
ensure the validity of the reports filed under this code or to otherwise
ensure proper installation, operation and maintenance of storm water
best management practices and to determine the overall effectiveness
of the Storm Water Pollution Prevention Plan and the need for additional
control measures.