[Ord. No. 3910-07 §1, 12-19-2007]
A. Title. These regulations shall be known as the "Land Disturbance
Code" of Hazelwood, Missouri, hereinafter referred to as "this Code".
B. Introduction. On construction or land disturbance sites,
soil is highly vulnerable to erosion by wind and water. Eroded soil
endangers water resources by reducing water quality and causing the
siltation of aquatic habitat for fish and other desirable species.
Deposits of eroded soil also necessitate maintenance of sewers and
ditches and the dredging of lakes. In addition, clearing and grading
during construction cause the loss of native vegetation necessary
for terrestrial and aquatic habitat. Construction activities also
utilize materials and generate wastes which, if not properly controlled,
can pollute receiving waters.
C. Purpose. The purpose of this code is to safeguard persons,
protect property and prevent damage to the environment in Hazelwood.
This code will also promote the public welfare by guiding, regulating
and controlling the design, construction, use and maintenance of any
development or other activity that disturbs or breaks the topsoil
or results in the movement of earth on land in Hazelwood.
D. Scope. This code provides for the safety, health and welfare
of the public by regulating and controlling the design, construction,
use and maintenance of any development or other activity that disturbs
land surfaces or results in the movement of earth in Hazelwood.
[Ord. No. 3910-07 §1, 12-19-2007]
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.
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.
BUILDING DEPARTMENT
The Building Department acting through its Director or his/her
duly authorized designee.
CLEARING
Any activity that removes the vegetative surface cover or
destroys the root system.
COUNTY
St. Louis County, Missouri.
DEPARTMENT OF PUBLIC WORKS
The Hazelwood Department of Public Works acting through its
Director or his/her duly authorized designee.
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.
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 permit may be for any one (1) or more major
or ordinary land disturbance activities.
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 CONTROL
Any Best Management Practices (BMP) that prevents eroded
sediment from leaving a site.
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 (BMP) 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 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.
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. 3910-07 §1, 12-19-2007]
Other Laws. The provisions of this code shall
not be deemed to nullify any provisions of County, State or Federal
law.
[Ord. No. 3910-07 §1, 12-19-2007]
A. The
Building Department shall have the authority and responsibility to
perform the following functions related to the enforcement of this
code as associated with major land disturbance permits:
1. Administer the determination, collection and release of site development
escrows required by this code in coordination with the Department
of Public Works.
2. Coordinate the review of permit applications and accompanying documents
with the Department of Public Works and the Metropolitan St. Louis
Sewer District (MSD);
3. Clear issuance of major land disturbance permits with the Department
of Public Works and the MSD and issue such permits.
B. 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:
1. Receive applications for major land disturbance permits;
2. Coordinate the review of major land disturbance permit applications
and accompanying documents with City departments;
3. Coordinate the issuance of the major land disturbance permit with
the departments of the City;
4. Inspect major land disturbance activities;
5. Inspect land disturbance activities within or abutting areas designated
100-year floodplain;
6. Receive applications, perform plan review, inspect and issue permits
for ordinary land disturbance activities relating to Best Management
Practices (BMP) 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; and
9. Plan review of land disturbance activities within or abutting areas
designated 100-year floodplain.
C. No
major land disturbance permit or ordinary land disturbance permit
shall be issued where 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.
All land disturbance activities shall be carried out in such
a manner as to minimize inconvenience and harm to adjacent properties
and property owners.
D. Rule-Making Authority. 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 rules and regulations to interpret
and 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 rules and regulations 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.
[Ord. No. 3910-07 §1, 12-19-2007]
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. Notices Of Violations. When the City determines that a violation of this code exists, the Director of Public Works shall notify the violator. The notification shall be in writing and shall be delivered to the violator or his/her legally authorized representative or mailed to his last known address via first class mail postage prepaid. Any person having been notified that a violation exists and who fails to abate the violation within ten (10) days after notification shall be subject to the penalties enumerated in Subsection
(D) of this Section.
C. Prosecution Of Violation. If the violator does not abate
the violation promptly, the Department of Public Works shall request
the City to institute the appropriate proceeding at law or in equity
to restrain, correct or abate such violation.
D. 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 guilty of a misdemeanor punishable
by a fine of not more than one thousand dollars ($1,000.00) or by
imprisonment not exceeding ninety (90) days or both such fine and
imprisonment. Each day that a violation continues shall be deemed
a separate offense.
1. 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:
a. The department shall issue a stop work order.
b. 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.
c. At the violator's option, he/she may deposit the assessed penalty
amount in escrow (certified check or cash only) with the department,
in which case the violator's right to a hearing will be preserved.
d. No-permit penalties are appealable in the same manner as other decisions
of the department. 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. At the hearing before the City Manager, the City Manager shall afford
both the department and the alleged violator an opportunity to present
any evidence or make any statements they wish to have considered.
f. Following the hearing the City Manager shall determine whether a
permit was required:
(1)
If the City Manager determines that a permit was required, an
appropriate penalty amount shall be assessed, taking into account
the same considerations as noted above. The stop work order shall
remain in full force and effect until such time as the penalty amount
is paid and the violator has complied with all other regulations pertaining
to the issuance of permits.
(2)
If the City Manager determines that no permit was required,
the department shall immediately cancel the stop work order.
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.
1. 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 Subsection
(D) of this Section.
[Ord. No. 3910-07 §1, 12-19-2007]
A. Application For Appeal. Any person shall have the right
to appeal a decision of the Department of Public Works to the City
Manager. An application for appeal shall be based on a claim that
the intent of this code or the rules or regulations adopted there
under have been incorrectly interpreted or the provisions of this
code do not apply.
1. Filing procedure. All appeals shall be filed in
writing with the Department of Public Works. All appeals shall be
filed within thirty (30) days after the decision to be appealed is
rendered by the departments identified in this Section.
2. Filing fee. All appeals must be accompanied by a
fee in the amount of fifty dollars ($50.00).
B. Notice Of Meeting. The City Manager shall meet within ten
(10) days of the filing of an appeal or at stated periodic meetings.
C. Open Hearing. All hearings before the City Manager shall
be open to the public. The appellant, the appellant's representative,
the Department of Public Works and any person whose interests are
affected shall be given an opportunity to be heard.
D. Procedure. The City Manager shall adopt and make available
to the public procedures under which a hearing will be conducted.
The procedures shall not require compliance with strict rules of evidence
but shall mandate that only relevant information be received.
E. Resolution. The decision of the City Manager shall be in
writing. Copies shall be furnished to the appellant and to the Department
of Public Works.
F. Administration. The applicable department shall take immediate
action in accordance with the decision of the City Manager.
G. Court Review. A party adversely affected by a decision
of the City Manager 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.
[Ord. No. 3910-07 §1, 12-19-2007]
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 Sections
412.070(A) or
412.070(B) in this code.
1. 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.
2. 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.
a. 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.
B. Limitation On Transfer Of Land Disturbance Permits. Any person who buys land from a person who has been issued a land disturbance permit under Sections
412.070(A)(1) or
412.070(A)(2)(a) of this code must obtain a separate land disturbance permit from the City, except for the following:
1. Major 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 to retain responsibility for the land disturbance
activities on such property.
2. 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 to retain responsibility for the land
disturbance activities on such property.
C. Exceptions—Land Disturbance Permits Not Required. Land
disturbance permits are not required for the activities identified
as items (a) and (g) in Subsection (4) of this Subsection, nor are
such permits required for the activities identified in items (4)(b)
through (f) herein, 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. Any emergency activity that is immediately necessary for the protection
of life, property or natural resources.
b. Existing farming, nursery and agricultural operations conducted as
a permitted or accessory use.
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 seed bed shall not exceed thirty (30)
cubic yards.
f. Gardening and similar activities on property occupied by one- or
two-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. This
exception does not apply to any land disturbance activity associated
with work that requires a building permit.
D. State Of Missouri Permits Required. The permit 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
County 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.
[Ord. No. 3910-07 §1, 12-19-2007; Ord. No. 4669-19, 3-20-2019]
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 zoning
approval from the City.
B. Storm Water Pollution Prevention Plan Required (SWPPP) For Major
Land Disturbance Permits. All applications for 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.
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.
C. Required Site Development Escrows For Land Disturbance Permits. Applicants
for Land Disturbance permits shall file a site development escrow,
in the form of a letter of credit, if over ten thousand dollars ($10,000.00),
or other improvement security in an amount deemed sufficient by the
Department of Public Works. If the site development escrow is less
than ten thousand dollars ($10,000.00) said amount must be provided
in cash. The amount of the site development escrow shall be determined
as follows:
Amount of Land Disturbed
|
Escrow Amount
|
---|
Less than 0.5 acres
|
$1,500.00
|
0.5 — 2.0 acres
|
$2,000.00 to $5,000.00
|
2.0 — 5.0 acres
|
$5,000.00 to $10,000.00
|
5.0+ acres
|
$10,000.00, plus $1,500.00 for each additional acre
|
D. 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 storm water control Best Management Practices
(BMPs) have been removed and the site has been fully stabilized.
2.
All permanent storm water control Best Management Practices
(BMPs) have been completed.
3.
All final inspections/certifications have been completed by
each of the government jurisdictions involved in authorizing the project.
4.
A written request has been submitted to the Department of Public
Works including the amount of escrow to be released, to who's
attention the check should be sent, and the date on which the final
inspection was made and approved.
[Ord. No. 3910-07 §1, 12-19-2007; Ord. No. 4669-19, 3-20-2019]
A. Issuance Of Permits. 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 two hundred
fifty dollars ($250.00) for the first acre plus one hundred dollars
($100.00) for each additional acre.
[Ord. No. 3910-07 §1, 12-19-2007]
A. Content—Storm Water Pollution Prevention Plan (SWPPP). The design requirements in Section
412.110 of this code shall be complied with 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 overall
responsible 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 floodplains, locations of temporary and
permanent Best Management Practices (BMP) and such other 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 Hazelwood 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 seed bed 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 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 County 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 County or the Missouri Department of Natural Resources determines
violations of water quality standards may occur or have occurred.
C. Permit Holder Responsibilities For Administration Of Storm Water
Pollution Prevention Plan (SWPPP). 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; will
be trained accordingly.
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. 3910-07 §1, 12-19-2007]
A. Design. The design of erosion and settlement 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 three to one (3:1) except
as approved by the Department of Public Works to meet other community
or environmental objectives.
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 thirty
(30) 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.
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.
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 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.
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
five-tenths (0.5) inch of sediment from the drainage area and be able
to contain a two (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 County department(s) having enforcement authority and responsibilities described in Section
412.040 of 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. 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 land disturbance
activities have ceased.
4. All storm water conveyances shall be designed according to the criteria
of the St. Louis Metropolitan 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.
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 Pubic 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. 3910-07 §1, 12-19-2007; Ord. No. 4669-19, 3-20-2019]
A. Department Of Public Works — General. The City 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 the land disturbance, erosion and sediment control
plan as approved. Plans for land disturbance, stripping, and excavating
shall be maintained at the site during the progress of the work. Inspections
shall occur as follows:
1.
Upon the installation of sediment and erosion measures; and
2.
Periodic site checks based upon weekly inspection reports; and
3.
Upon completion of final landscaping, final stabilization of
land area disturbed and removal of soil erosion control measures.
a.
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 re-inspections which in their
judgment are reasonably necessary due to non-compliance with the requirements
of this Code or work not ready or accessible for inspection when requested.
b.
Permit Holder Inspection And Report Responsibilities Land Disturbances.
The holder of a 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 (SWPPP). Inspections
must be scheduled at least once per week 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 Best
Management Practices (BMP) and to determine the overall effectiveness
of the Storm Water Pollution Prevention Plan (SWPPP) 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; and
(3) Observations relative to the effectiveness of the
Best Management Practices (BMPs); and
(4) Actions taken or necessary to correct deficiencies;
and
(5) A listing of areas where land disturbance operations
have permanently or temporarily stopped.
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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B. 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 Section
412.120(A)(3)(b) of this Code or to otherwise ensure proper installation, operation and maintenance of Storm Water Best Management Practices (BMP) and to determine the overall effectiveness of the Storm Water Pollution Prevention Plan (SWPPP) and the need for additional control measures.