[Ord. No. 05-148 §14, 10-25-2005]
A.
Three (3) sets of plans (construction drawings) shall be submitted to the Development Review Division for review and approval along with the plan review fee. Initially submitted plans must include all items in Subsections (1) and (2) of this Section and must be supplemented by all items in Subsection (3) of this Section prior to issuance of any permit, unless an item is waived pursuant to Section 412.070.
1.
General information.
a.
Name, address and telephone number of property owner or permittee.
b.
Property address and location map of land disturbance property.
c.
Property boundaries and adjacent property owners.
d.
A site map showing the outlines of the total project area and land
disturbance areas.
e.
Total acreage of site or property.
f.
Total acreage of land disturbance.
g.
Name and address of engineering firm or engineer.
h.
Existing land use and zoning.
i.
USGS benchmark source and site benchmark on USGS datum.
j.
Plotted no larger than on twenty-four (24) inch by thirty-six (36)
inch paper at an appropriate horizontal scale between one (1) inch
equals fifty (50) feet and one (1) inch equals ten (10) feet.
k.
Topographic survey of physical features to at least twenty-five (25)
feet beyond the land disturbance activity area.
l.
Existing surface contours at interval no greater than two (2) feet
to at least twenty-five (25) feet beyond the land disturbance activity
area.
m.
FEMA flood panel number and delineation of 100-year flood plain and
floodway.
n.
Location of soil types, wooded areas, watercourses, wetlands, surface
water bodies and soil borings.
o.
Location of all underground and above ground utilities, including
pipelines operated at a service pressure in excess of two hundred
(200) psig.
p.
Delineation of the tree preservation plan per Section 410.145 of this Unified Development Ordinance.
q.
Delineation of the vegetative buffer plan per Section 405.5021 of this Unified Development Ordinance.
r.
Field surveyed natural watercourses showing top and toe of banks.
s.
Proposed access to the site either from public right-of-way under
a permit issued by the governing agency or through private property
under an easement or license. (Attach copy of permit, easement or
license.)
t.
All proposed permanent improvements to be constructed as part of
the land disturbance activity.
u.
Proposed surface contours at intervals no greater than two (2) feet
to at least twenty-five (25) feet beyond the land disturbance activity
area.
v.
County standard land disturbance activity notes, which includes a
note stating that "The contractor shall request inspection two (2)
days in advance of construction startup".
w.
County standard construction details.
x.
Signature, seal and date of a licensed professional engineer.
y.
Signature, seal and date of a registered land surveyor and his (her)
statement identifying sources of topographical information.
z.
A signed statement by the permittee assuming full responsibility
for the performance of the land disturbance activities and that all
State, County and private property or roads will be adequately protected.
aa.
Other items as required in the Design Manual or as required by the
Director of Development Review.
2.
Specific design information.
a.
A geotechnical report identifying the United States Department of
Agriculture soil textures throughout the site; slope stabilization
analysis for cut and fill slopes; and other pertinent data related
to erosion or sediment concerns during land disturbance activities.
b.
The sequence of all land disturbance activities including those listed
below, and all installations of erosion and sediment controls listed
below, shall be shown on construction plans:
(1)
Stripping and clearing;
(2)
After changes in drainage courses;
(3)
Construction of underground infrastructure;
(4)
Construction of structures, such as buildings, pavement, retaining
walls;
(5)
Final grading; and
(6)
Landscaping.
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The Director of Development Review may require that separate
construction plans be submitted for separate phases of the project.
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c.
Stabilization of any stream bank erosion problems existing in natural
watercourses that are to be left undisturbed, that may jeopardize
private lots, public utilities or detention facilities.
d.
Details of any temporary drainage system proposed to be installed
in connection with any and all phases of land disturbance activity.
e.
Details of proposed water impoundment structures, embankments, sediment
or debris basins, grass or lined waterways and diversions with the
details and locations of proposed stable outlets and the location
of any downstream impoundments which could be affected by the proposed
land disturbance activities.
f.
Location of construction traffic entrance and wash-off pad.
g.
Description of erosion and sediment controls that will be installed prior to and during land disturbance activity to control pollutants in stormwater discharges, along with drainage area map with appropriate pre-development, appropriate interim and post runoff calculations for each proposed stormwater conveyance system and erosion and sediment control. (Calculations shall conform to Article IV of this Chapter.)
h.
Drawing depicting the runoff travel paths, which are the route taken
by a drop of effective rainfall falling at the most hydraulically
remote point to the outlet of a drainage basin to determine the time
of concentration used in item (g) above. Provide calculations for
time of concentration and composite curve number (CN) for pre-developed
watersheds.
i.
Description and location of permanent erosion and sediment controls
after land disturbance activities have ended.
3.
Other required submittals. Other items, if applicable,
must be submitted prior to issuance of a land disturbance permit.
a.
Alternative material and vendor specifications for erosion and sediment
control devices.
b.
Other County permits, such as flood plain development permit, special
use permit, demolition permit and building permit for retaining walls.
c.
Permits from other governmental agencies, such as United States Army
Corps of Engineers Section 404 permit and Missouri Department of Natural
Resources Section 401 permit.
d.
Missouri Department of Natural Resources land disturbance permit.
f.
Executed easements needed for land disturbance activities or access.
g.
Payment of base inspection fee required by this Chapter.
[Ord. No. 05-148 §14, 10-25-2005; Ord. No. 10-041 §68, 6-2-2010]
The applicant may request a waiver of specific plan submittal
requirements to the Director of Development Review. The Director of
Development Review may grant the request for a waiver, including a
reduction in base inspection fees, upon determining that the item
to be waived is not applicable to the project under review or that
the request for a waiver is justified and that the remaining information
on the submitted plans or permit application is sufficient to show
that the work will comply with the objectives and principles of this
Chapter.
[Ord. No. 05-148 §14, 10-25-2005; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §69, 6-2-2010; Ord. No. 18-015 § 5, 1-29-2018]
In order to obtain a land disturbance permit, the applicant
must insure or guarantee the stabilization of the site upon completion
or stoppage of the land disturbance activity.
A.
The
applicant, or a contractor for the applicant, shall post a performance
guarantee with the County in the amount established in this Section.
1.
If the performance guarantee is a lender's or escrow agreement, that
agreement shall:
a.
Be prepared on forms developed by the Director of the Division
of Development Review and approved by the County Counselor and be
signed by the Director of the Division of Development Review and County
Registrar;
b.
Ensure or guarantee the installation of sediment and erosion controls and the final stabilization of ground cover based on amounts established in Section 412.080(B) and approved by the Director of the Division of Development Review; and
c.
Be held in a special account by the escrow holder or lender
at offices in St. Charles County, the City of St. Louis or Missouri
counties contiguous to St. Charles County, and the funds shall be
subject to the audit of St. Charles County.
2.
If the performance guarantee is a standby letter of credit or
a certified check, the applicant, or a contractor for the applicant,
and the County shall enter into a fully executed deposit agreement
prepared on forms developed by the Director of the Division of Development
Review and approved by the County Counselor and signed by the Director
of the Division of Development Review and the County Registrar, which
shall require the applicant, or a contractor for the applicant, to
fulfill the obligations imposed in this Section. A standby letter
of credit may be prepared on forms provided by the financial institution
on which it is drawn but must be approved by the County Counselor
and must, at a minimum, provide for:
a.
Drafts to be drawn at offices in St. Charles County, the City
of St. Louis, or Missouri counties contiguous to St. Charles County;
and
b.
Automatic extensions for additional one-year terms unless, at
forty-five (45) days prior to the letter's then-current expiration
date, the financial institution issuing the letter gives written notice
of non-renewal to St. Charles County's Department of Community
Development by registered or certified mail or by overnight courier.
B.
Amount Of Performance Guarantee. The amount of the performance guarantee shall be determined by a line-item cost estimate prepared by or on behalf of the applicant and approved by the Director of the Division of Development Review using current market value of the materials and labor for all erosion and sediment controls and other proposed construction items referenced in Section 412.060(A)(1)(t), (2)(c), (2)(d), and/or (3)(a).
C.
Release Of Performance Guarantee Funds.
1.
The Director of the Division of Development Review may authorize release up to fifty percent (50%) of any performance guarantee funds upon confirming by inspection that all erosion and sediment controls and other proposed construction items referenced in Section 412.060(A)(1)(t), (2)(c), (2)(d), and/or (3)(a) are in place and functioning properly, including establishment of vegetation.
2.
The Director of the Division of Development Review may authorize
release up to ninety percent (90%) of any performance guarantee funds
upon confirming by inspection that vegetation has been established,
ongoing maintenance has been provided for all installed erosion and
sediment controls, and all stormwater management facilities are completed
and protected where performance guaranty funds are being held for
stormwater management facilities in a non-subdivision development
per Section 405.525(D)(12). However, the amount retained shall not
be reduced to less than the cost of maintaining the erosion and sediment
controls and completing said remaining stormwater management facility
improvements.
[Ord. No. 20-098, 12-21-2020]
3.
The Director of the Division of Development Review shall authorize
release of all remaining performance guarantee funds only when the
County Inspector certifies that all land disturbance work has been
completed, all temporary sediment and erosion control measures have
been properly removed or abandoned, all tree preservation requirements
have been met, all permanent site improvements have been constructed
and approved, including stormwater management facilities in a non-subdivision
development required per Section 405.525(D)(12), and all soil subject
to the land disturbance permit is stabilized, including permanent
vegetation.
[Ord. No. 20-098, 12-21-2020]
[Ord. No. 05-148 §14, 10-25-2005]
A.
A land
disturbance permit shall be issued by the Director of Development
Review only if:
[Ord. No. 05-148 §14, 10-25-2005; Ord. No. 07-040 §1, 3-13-2007]
A.
Unless
a permittee transfers a land disturbance permit as provided herein,
that permittee remains bound by the terms of that permit even after
transfer of ownership of land subject to it. A land disturbance permit
may be transferred only if all of the following conditions are met.
2.
The Director of Development Review must determine from the request
and supporting documentation that the area to be transferred includes
substantially all of any drainage basin or basins wholly or partly
within the area subject to the originally issued permit and give permittee
and transferee written mail notice of that determination.
3.
The transferee must submit to the Director of Development Review:
[Ord. No. 05-148 §14, 10-25-2005]
A.
It
is the responsibility of the permittee to ensure that the following
items are performed prior to construction startup, unless deemed non-applicable
to the project by the Director of Development Review.
1.
Schedule a pre-construction conference with the Director of Development
Review prior to the start of each construction phase of land disturbance
activity including installation of the temporary construction entrance.
The permittee will be responsible for notifying all contractors and
other entities, including utility crews that will perform work at
the site, to be in attendance.
2.
Supply in writing to the Director of Development Review the name
and telephone number of all contractors and subcontractors and a twenty-four
(24) hour telephone number of the permittee's designated agent supervising
and directing all land disturbance activities on site.
4.
Identify in writing each erosion and sediment control product that is not a specification authorized by Article IV of this Chapter and submit manufacturer specifications and installation techniques for approval by the Director of Development Review for performance equivalency with County specifications.
5.
Identify proposed good housekeeping practices to control general
site pollutants, such as construction wastes, site litter, construction
debris, dust and sanitary wastes.
6.
Identify toxic or hazardous substances, petroleum products, pesticides,
herbicides and other pollutants that will be used on site. Identify
pollution control method for each substance and submit an emergency
management plan for responding to any loss of toxic materials due
to a containment failure. This plan must include documentation of
actions and mandatory reporting to the Saint Charles County Division
of Environmental Services, Solid Waste Enforcement.
7.
Provide a location map depicting any proposed borrow or fill sites
in the County and the proposed truck haul routes through the County.
[Ord. No. 05-148 §14, 10-25-2005; Ord. No. 10-041 §70, 6-2-2010]
A.
Field Modifications. The permittee shall modify already
approved plans or modify descriptions of pollution prevention methods
in any of the following circumstances.
1.
Inspections by the Director of Development Review or by the Missouri
Department of Natural Resources indicate deficiencies.
2.
Inspections by the permittee indicate deficiencies.
3.
Either the permittee or the Director of Development Review determines
that the current installations are ineffective in significantly minimizing
or controlling erosion of land or sedimentation in streams or lakes.
4.
Either the Director of Development Review or the Missouri Department
of Natural Resources determines that total settleable solids from
a stormwater outfall exceeds two and one-half (2.5) milliliters per
liter per hour (ml/L/hr) or one-half (0.5) ml/L/hr in the event the
land disturbance activity is within a valuable water resource area
as determined by the Missouri Department of Natural Resources.
5.
Either the Director of Development Review or the Missouri Department
of Natural Resources determines that violations of Water Quality Standards
10 CSR 20-7.031(3) may occur or have occurred.
6.
Either the Director of Development Review or the Missouri Department of Natural Resources determines that the pollution prevention methods submitted to the Director of Development Review as required by Section 412.060, above, are 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.
B.
Submittal Of Amended Plans. The permittee shall submit for
the Director of Development Review's approval amended plans and descriptions
of pollution prevention methods in any of the following circumstances.
1.
The permittee seeks to modify the originally approved plans for the
design, operation or maintenance of erosion and sediment controls.
2.
The permittee modifies the design for the construction project for
which the permittee submitted those originally approved plans, so
as to significantly affect the quality of stormwater discharges.
3.
The Director of Development Review determines that the temporary
facilities or erosion and sediment controls installed according to
approved plans fail to meet performance standards imposed by these
regulations and that those failures require amendment of those plans
and supporting documentation or calculations.
[Ord. No. 05-148 §14, 10-25-2005]
A.
County Inspections.
1.
The permittee consents to the County inspecting the proposed development
site and all work in progress and to payment of additional inspection
fees above the base inspection fee, if any, as authorized by ordinance.
2.
The Director of Development Review or his designee shall make inspections
and either approve that portion of the work completed or notify the
permittee in writing when the work fails to comply with the conditions
of the land disturbance permit.
3.
The permittee shall notify the Director of Development Review or
his designee at least two (2) working days before the following activities
to obtain timely inspection:
a.
Establishment of tree preservation and stream buffer boundaries.
Refer to Section 412.110(3);
b.
Start of land disturbance or construction;
c.
Installation of erosion and sediment controls;
d.
Completion of site clearing;
e.
Completion of rough grading;
f.
Completion or suspension of final land disturbance activity;
g.
Close of the construction season; and
h.
Completion of final landscaping.
4.
The Director of Development Review or his designee shall inspect the property periodically for compliance with these regulations, after a substantial rain event and after any notice to correct issued pursuant to Subsection (B) of Section 412.140. The Director of Development Review or his designee may inspect the property upon receipt of a citizen complaint concerning erosion or sediment control issues.
B.
Permittee Inspections And Reporting.
1.
The permittee shall make regular inspections of the permitted site,
observing all erosion and sediment control and other pollutant control
measures, outfalls and off-site receiving waters. The inspections
must be conducted by a person knowledgeable in the principles and
practice of erosion and sediment controls, who possess the skills
to assess conditions at the construction site that could impact stormwater
quality and to assess the effectiveness of the erosion and sediment
controls used.
2.
Inspections must be made by the permittee at least once per week
and no later than two (2) days after a substantial rain event. A reduction
in the weekly inspections may be waived by the Director of Development
Review for the following reasons:
3.
All inspections by the permittee shall be documented in written form
on reports with copies submitted to the Director of Development Review
at the time interval specified in the permit. A report of each inspection
shall be kept on site by the permittee if possible. Otherwise, the
inspection form will be retained by the permittee at its closest business
office located within the County. Falsification of reports is in violation
of the permit and cause of immediate suspension or revocation of the
permit. The inspection reports are to include the following minimum
information:
a.
Inspector's name and signature;
b.
Date of inspection;
c.
Observations relative to the effectiveness and deficiencies of the
erosion and sediment controls and other pollution prevention controls;
d.
Actions taken or necessary to correct deficiencies, including the
log of field changes to the approved plan during the period covered
by the report;
e.
A listing of areas where land disturbance activities have permanently
or temporarily stopped; and
f.
Stormwater sampling information and analytical results, when applicable.
4.
The permittee shall be responsible for correcting any deficiencies
identified within seven (7) calendar days of the date of inspection
required by this Subsection identifying these deficiencies.
5.
The Director of Development Review shall make additional inspections
as necessary to ensure the validity of the reports filed and, where
applicable, to confirm the correction of reported deficiencies.
[Ord. No. 05-148 §14, 10-25-2005]
A.
Violations.
1.
It shall be a violation of this Chapter to construct, enlarge, alter,
repair or maintain any land disturbance activity, excavation or fill,
or cause the same to be done, contrary to any provision of this Chapter.
2.
It shall be a violation of this Chapter to fail to install and maintain
any erosion and sediment control measures and systems authorized and
required by a duly issued land disturbance permit.
3.
It shall be a violation of this Chapter to fail to comply timely with any notice to correct issued pursuant to Subsection (B) of this Section or correct timely any deficiencies identified by the permittee pursuant to Section 412.130(B)(4) above.
4.
The need to halt or reduce the permitted construction or grading
activity in order to maintain compliance with the permit conditions
shall not be a defense to the permittee in an enforcement action.
B.
Notice To Correct, Notice Of Violation And Service Of Notices.
1.
Upon confirming any violation or deficiency, the Director of Development
Review shall issue a written notice to correct directing abatement
of those violations and/or correction of that deficiency within seven
(7) calendar days. The notice shall state that failure to comply with
its terms shall constitute an additional violation of this Chapter.
2.
Upon confirming failure to comply timely with any notice to correct, the Director of Development Review shall issue a written notice of violation, including a stop work order and notice of fines as authorized by Subsection (C) of this Section.
3.
Notwithstanding the foregoing provisions of this Subsection, when the Director of Development Review finds that any person has undertaken land disturbance activity without a land disturbance permit required by this Chapter, the Director of Development Review shall issue a notice of violation including a stop work order and notice of fines as authorized by Subsection (C) of this Section and such fines shall accrue from the day on which such unauthorized land disturbance commenced.
4.
The Director of Development Review shall serve any written notice
authorized by this Subsection by posting one (1) copy at the work
site and by hand-delivering or mailing other copies to any and all
persons responsible for the violation or deficiency.
C.
Enforcement.
1.
Stop work order. The Director of Development Review
shall also have the right to stop all or any part of the construction
activities and development until all corrections set out in such notice
have been satisfactorily made. To that end, the Director of Development
Review shall issue and post on the site a written order directing
that such construction activities and development be stopped immediately
and shall serve that written order upon any person, firm, corporation
or business engaged in such construction activities and development
at the site that is the subject of the violation. Every day that such
work continues shall constitute a separate violation. This Chapter
does not preclude remedies available under Federal, State or common
law.
2.
Forfeiture of performance guarantee. In the event of a violation or deficiency that is not resolved in a reasonable time, the performance guarantee proceeds may be used by the County to install pollution prevention controls to stabilize the site subject to the land disturbance permit. Prior to resumption of work, permittee must post a new performance guarantee in an amount determined pursuant to Section 412.080.
3.
Fines. Any person responsible for a violation of
this Chapter shall be guilty of a misdemeanor and liable for a fine
not to exceed one thousand dollars ($1,000.00) a day. Every day that
such violation is ongoing shall constitute a separate violation.
4.
Enforcement. It shall be the duty of the Director
of Development Review to enforce this Chapter. In discharging that
duty the Director of Development Review may request and shall receive,
so far as may be necessary in the discharge of that duty, the assistance
and cooperation of other County Officials including, but not limited
to, the following: the Chief of Police, the Directors of Community
Development and Building and Code Enforcement, the County Engineer
and the County Counselor.
[Ord. No. 16-054 §11, 7-25-2016]
5.
Actions for fines and injunctive relief. In the
event of a violation, the Director of Development Review may request
the County Counselor to institute in the Circuit Court an appropriate
action for fines and injunctive relief against the person or persons
responsible for that violation.
[Ord. No. 05-148 §14, 10-25-2005]
The Director of Development Review shall close land disturbance permits upon permittee's stabilization of all soil at the site subject to the permit and release the entire performance guarantee as authorized in Section 412.080(C).[1]
[1]
Editor's Note—In Ord. No. 10-041 §69, "412.080(3)"
was changed to "412.080(C)", the above reference was editorially corrected.
