[R.O. 2011 §430.010; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A. No
person shall undertake any land disturbance activity or in any way
disturb the surface of one (1) acre or more of land, except as otherwise
provided by law or provided in this Chapter.
B. No person shall engage in any land disturbance activity or by any action cause or permit any soil, earth, sand, gravel, rock, stone or other material to be deposited upon or to roll, flow or wash upon or over the premises of another in an unlawful manner without the express written consent of the owner of the premises affected. No person shall engage in any land disturbance activity or by any action in violation of Chapter
430 cause or permit any soil, earth, sand, gravel, rock, stone or other material to be deposited to roll, flow or wash upon or over any public street, street improvement, road, sewer, storm drain, watercourse, rights-of-way or any public property.
C. No
person engaged in any land disturbance activity shall, when hauling
soil, earth, sand, gravel, rock, stone or other material over any
public street, road, alley or public property, allow those materials
to blow, spill or be tracked over and upon any street, road, alley
or public property or adjacent private property.
D. This
Chapter shall apply to all land disturbance activities requiring a
permit of one (1) acre or more within the incorporated City of Byrnes
Mill, Jefferson County, Missouri.
E. No
person shall engage in any activity that would be in violation of
the regulations dictated by the Phase II Storm Water National Pollutant
Discharge Elimination System (NPDES) in accordance with the Clean
Water Act of 1972.
[R.O. 2011 §430.020; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A. The
purpose of the Chapter is to protect and further the public interest
by regulating land disturbance, filling, stripping and soil storage
in connection with the clearing and grading of land for construction-related
or other purposes. With these regulations, the City will promote the
coexistence of the natural environment with planned development; assist
in the City's efforts to comply with the Phase II Storm Water National
Pollutant Discharge Elimination System (NPDES) regulations; provide
effective storm water management; protect property from damage due
to flooding and erosion; improve water quality and reduce water pollution;
control construction site impacts on storm water; prevent non-storm
water discharges into the storm sewer system; protect natural stream
assets using buffer strips; and protect valuable natural water resources.
This includes protection of existing vegetation for use as buffer
strips. The City hereby recognizes that the nature of temporary construction
controls is time critical. Techniques and objectives are encouraged
by the City to promote coexistence of the natural environment and
planned development. It is also the purpose of this Chapter to encourage
responsible development and minimize the impacts of development.
B. This
Chapter establishes substantive and procedural requirements to:
1. Protect the water quality of the streams, rivers, lakes and drainage
areas within the City of Byrnes Mill. To be in compliance with the
Phase II Storm Water National Pollutant Discharge Elimination System
(NPDES) as mandated through the Clean Water Act, specific activities
must be undertaken and regulated by the City. This Chapter establishes
substantive and procedural and enforcement requirements for:
a. Illicit discharge detection and elimination;
b. Construction site storm water runoff control;
c. Post-construction storm water management in new development and redevelopment
The Erosion and Sediment Control/Storm Water Management Design Manual
contains the activities and BMPs required to fulfill these requirements.
2. Protect and enhance the water quality of watercourses, water bodies
and wetlands by controlling erosion, sedimentation and related environmental
damage caused by construction-related or other activities; and
3. Encourage creative approaches to development, including low impact
development (LID), that are designed and implemented to be sensitive
to the natural environment thereby resulting in high quality development
for those who visit, reside and work in the City of Byrnes Mill.
[R.O. 2011 §430.030; Ord. No. 711-09 §§1 — 3, 7-1-2009]
In this Chapter, these words and phrases have the following
meanings:
APPLICANT
Any person who makes application for a land disturbance permit,
as required by this Chapter.
APPLICATION
A proposed plan of representational drawings and/or other
documents submitted for a land disturbance permit for a site. The
application may be an independent submittal or may be a part of another
development application or applications authorized by the City Code.
APPROVED PLAN
A set of representational drawings or other documents for a site that contain the information and specifications required by the City to minimize off-site sedimentation from land disturbance activities. The approved plan constitutes a SWPPP, required by Section
430.100, that has been approved by the City as complying with the provisions of this Chapter.
AS-BUILT PLAN
A sealed drawing or plan prepared and certified by a licensed
professional that depicts the actual dimensions and elevations of
the completed storm water system and detention structures or facility.
BEST MANAGEMENT PRACTICES (BMPS)
Schedules of activities, prohibitions of practices, general
good house keeping practices, pollution prevention and educational
practices, maintenance procedures and other management practices to
prevent or reduce the discharge of pollutants directly or indirectly
to storm water, receiving waters or storm water conveyance systems.
BMPs also include treatment practices, operating procedures and practices
to control site runoff, spillage or leaks, sludge or water disposal
or drainage from raw materials storage.
BUFFER/BUFFER STRIP
An area closest to a sensitive environmental site (e.g.,
wetland, waterbody, etc.) in which certain human activities are limited
in order to minimize the negative impacts from adjacent land uses
(like erosion, pollutants in runoff, disturbance to wildlife) affecting
the sensitive environmental site.
CLEARING
Any act by which vegetative cover, structures or surface
material is removed, including, but not limited to, root mass or topsoil
removal.
DEVELOPMENT APPLICATION
All applications required by the City Code as a prerequisite
to initiation of land disturbance.
DIRECTOR
The individual appointed by the Board of Alderpersons as
Director of Land Use Development and Code Enforcement or a duly authorized
representative.
EROSION
The process by which the ground surface is worn away by the
action of the wind, water, ice, gravity or artificial means and/or
land disturbance activities.
EXCAVATING
Any act by which soil is cut into, dug, quarried, uncovered,
removed, displaced, relocated or bulldozed and includes the conditions
that result from that act.
FEDERAL PROJECT
Any project on federally owned land that involves land disturbance
or any project that involves land disturbance activity and is administered
by a Federal agency. Use of Federal funds does not necessarily qualify
an activity as a Federal project.
FILLING
Any act by which soil is mechanically deposited, placed,
pushed, pulled or transported and includes the conditions that result
from that act.
FINISHED GRADE
The final grade or elevation of the ground surface conforming
to an approved plan.
FLOODPLAIN
The floodway and floodway fringe as identified by the Federal
Insurance Program through its Flood Insurance Rate Map for the City
of Byrnes Mill, Missouri, dated April 5, 2006 and subsequent revisions.
GARBAGE
The decaying animal and vegetable waste materials from the
handling, preparation, cooking or consumption of food, including waste
materials from markets, storage facilities and the handling and sale
of produce and other food products.
GRADING
Any act by which soil is cleared, stripped, moved, leveled,
stockpiled or any combination thereof and includes the conditions
that result from that act.
ILLICIT CONNECTION
Any drain or conveyance, whether on the surface or subsurface,
which allows an illicit discharge to enter the storm drainage system.
ILLICIT DISCHARGE
Any discharge to the storm drainage system that is prohibited
under this document.
LAND DISTURBANCE ACTIVITY
Any act other than those related to agricultural activity
by which soil is moved and land changed that may result in erosion
or the movement of sediments and may include tilling, clearing, grading,
excavating, stripping, stockpiling, filling and related activities
and the covering of land surfaces with an impermeable material. A
land disturbance permit is required when one (1) acre or more of land
is disturbed or when a building permit is required for less than one
(1) acre projects.
LICENSED PROFESSIONAL
An individual who is duly licensed by the Missouri Board
of Architects, Professional Engineers and Professional Land Surveyors
to practice and seal land disturbance/storm water management requirements
within their discipline.
MAXIMUM EXTENT PRACTICABLE
The use of those best management practices which, based on
sound engineering and hydro-geological principles, regulate and manage
erosion and sedimentation during and after development.
PERMIT
The land disturbance permit issued by the Director authorizing
land disturbance activities of one (1) acre or more in accordance
with the requirements of this Chapter.
PERMITTEE
Any person to whom a land disturbance permit is issued pursuant
to this Chapter.
PRIVATE DRAINAGE SYSTEM
All privately or publicly owned ground, surfaces, structures
or systems, that contribute to or convey storm water including, but
not limited to, roofs, gutters, downspouts, lawns, driveways, pavement,
roads, streets, curbs; gutters, ditches, inlets, drains, catch basins,
pipes, tunnels, culverts, channels, detention basins, ponds, draws,
swales, streams and any ground surface.
RESPONSIBLE PERSONNEL
Any person designated in the permit qualified as the person
in charge of on-site land disturbance activities or erosion and sediment
control associated with land disturbance activities; the responsible
personnel shall provide the City, as part of the permit issuance,
with a contact telephone number so that the City may reach such person
in the event the County desires to conduct an inspection of the site
at which land disturbance activities are underway.
RUBBISH
Non-decaying solid waste, excluding ashes, that consist of
combustible waste materials including paper, rags, cartons, wood,
excelsior, furniture, rubber, plastics, yard trimmings, leaves and
similar materials; and non-combustible waste materials including glass,
crockery, tin cans, aluminum cans, metal furniture and similar materials
that do not burn at ordinary incinerator temperatures (1600 to 1800
degrees Fahrenheit).
SEDIMENT
Soils or other earthen materials transported or deposited
by the action of wind, water, ice, gravity or artificial means.
SEPTIC TANK WASTE
Any domestic sewage from holding tanks such as vessels, chemical
toilets, campers, trailers, septic tanks and aerated tanks.
SEWAGE OR DOMESTIC SEWAGE
Human excreta and wastewater, including bath and toilet waste,
residential laundry waste, residential kitchen waste and other similar
waste from household or establishment appurtenances. Sewage and domestic
sewage waste are further categorized as:
1.
Blackwater: Waste carried off by toilets, urinals
and kitchen drains.
2.
Graywater: All domestic waste not covered in
paragraph (a) of this subdivision, including bath, lavatory, laundry
and sink waste.
SITE
Any lot or parcel of land or a series of lots or parcels
of land adjoining or contiguous or joined together under one (1) ownership
on which land disturbance activity is proposed in an application.
SLOPE
The inclined surface of a fill, excavation or natural terrain
expressed as a ratio of horizontal distance to vertical distance.
SOIL
The unconsolidated mineral and organic material (i.e., earth,
sand, gravel, rock or other similar material) on the immediate surface
of the earth that serves as a natural medium for the growth of land
plants.
STATE PROJECT
Any project on State-owned land that involves land disturbance
activity or any project that involves land disturbance activity and
is administered by a State agency. Use of State funds does not necessarily
qualify an activity as a State project.
STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
A plan outlining specific land disturbance activities at
a site and the design implementation management and maintenance of
"Best Management Practices" in order to prevent and reduce the amount
of sediment and other pollutants in storm water discharges.
STRIPPING
Any activity by which the vegetative cover is removed or
disturbed, including tree removal, clearing, grubbing and storage
or removal of topsoil.
VEGETATIVE COVER
Any grasses, shrubs, trees and other vegetation that hold
and stabilize soils.
WATERCOURSE OR DRAINAGE WAY
Any natural or artificial watercourse associated with activities regulated by Chapter
400 "Zoning Regulations" of this Code, including streams, rivers, creeks, ditches, channels, canals, conduits, culverts, drains, waterways, gullies, ravines or washes, in which water flows in a definite direction or course, either continuously or intermittently.
WATERSHED PLAN
Strategy that provides assessment and management information
for a geographically defined watershed or sub-watershed, including
the analyses, actions, participants and resources related to developing
and implementing the plan.
WATERSHEDS
An area of land that water runs across or under on its way
to a stream or river that is located at the lowest point in the watershed.
WETLANDS
Those areas that have a predominance of hydric soils and
that are inundated or saturated by surface or ground water at a frequency
and duration sufficient to support, and that under normal circumstances
do support, a prevalence of vegetation typically adapted for life
in saturated soil conditions. This does not include the following
surface waters of the State intentionally constructed from sites that
are not wetlands: drainage ditches, grass-lined swales and landscape
amenities.
YARD WASTE
Leaves, grass clippings, tree limbs, brush, soil, rocks or
debris that result from landscaping, gardening, yard maintenance or
land clearing operations.
[R.O. 2011 §430.040; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A. It
is the policy of the City that all land disturbance activity be performed
in a manner consistent with the requirements of this Chapter, except
as otherwise specifically provided, in a manner that promotes the
co-existence of the natural environment and quality, planned development,
effective storm water management and responsible development.
1. Regulations. The Director may prepare or cause to
be prepared and may recommend the adoption of regulations necessary
to implement this Chapter.
2. Construction standards. The Director is hereby authorized to prepare for adoption by the City construction standards for erosion and sediment controls based upon sound engineering judgment after conducting public hearings with an opportunity for notice and comment as provided in Chapter
400 of this Code. Copies of any such construction standards shall be available in the office of code enforcement at least two (2) weeks prior to any public hearing at which they are to be considered and such standards shall not become effective, except in an emergency, until at least thirty (30) days after their adoption by the City.
3. City's right to enter. In making an application
for a permit covered by this Chapter, the applicant or the landowner
performing or allowing the work shall cooperate with the City in the
processing and administering of the permits, including being reasonably
available for site inspections, so that the City may verify compliance
with the approved plan. If work is necessary to bring the site into
compliance with the approved plan prior to entering the site, the
City shall contact the applicant's responsible personnel or the landowner
and give them the opportunity to accompany the City personnel on any
site visit. Except in an emergency, the City shall give an applicant
or landowner at least twelve (12) hours prior notice of any such inspection.
4. Waiver of requirements. The Director is hereby authorized to waive any requirement contained in this Chapter upon a finding that for the purposes and policy of this Chapter, as set forth in Sections
430.020 and
430.040 respectively, are otherwise accomplished.
[R.O. 2011 §430.050; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A. The
City shall, by resolution, adopt an Erosion and Sediment Control/Storm
Water Management Design Manual. The Director may recommend an existing
manual to the City for adoption or may prepare or have prepared an
Erosion and Sediment Control/Storm Water Management Design Manual
and recommend its adoption by the City. The Director shall maintain
the Erosion and Sediment Control/Storm Water Management Design Manual
adopted by the Board of Alderpersons.
B. Grading
erosion control practices, sediment control practices and waterway
crossings shall comply with the erosion and sediment control/storm
water design criteria and shall be adequate to prevent erosion and
the transportation of sediment from the site to the maximum extent
practicable. Cut and fill slopes shall be no greater than 3:1, except
where recommended on an engineering soils report prepared by an engineer
licensed in the State of Missouri.
C. Buffer Strips.
1. Clearing and grading of natural resources, such as buffer strips
along designated natural streams, forests and wetlands, shall not
be permitted, except when in compliance with this Section and all
other Chapters of this Code. Land disturbance activities with buffer
strips that retain natural vegetation and drainage patterns as described
in the Erosion and Sediment Control/Storm Water Design Manual are
encouraged by this Chapter. No land disturbance shall occur on any
parcel of land that is within or partially within a defined buffer
strip unless the land disturbance is in compliance with the provisions
of this Section.
2. Land disturbance and development shall not occur in floodways, unless
allowed by a flood plain development permit as approved by the City.
3. Land disturbance or development shall not occur along watercourses within fifty (50) feet from the top of the bank on first (1st) and second (2nd) order streams and one hundred (100) feet from the top of the bank on third (3rd) and higher order streams, wetlands and sink holes, except as provided for in Subsection
(D). This strip of land is called the buffer strip and consists of the area of land extending along a side of a stream. If a watershed plan has been developed for a watershed within the City of Byrnes Mill and accepted by the Board of Alderpersons as an element of the Master Plan, unique conditions in that watershed may dictate the need for a wider buffer strip. In those cases, the recommendation for riparian buffer strips in the watershed plan will be the controlling factor.
4. Buffer strips are divided into two (2) zones, the streamside zone
and the outer zone. The "streamside zone" is the
area within twenty-five (25) feet from the top of the bank on first
(1st) and second (2nd) order streams and fifty (50) feet from the
top of the bank on third (3rd) and higher order streams, wetlands
and sink holes. The "outer zone" is the area outside
of the streamside zone within fifty (50) feet from the top of the
bank on first (1st) and second (2nd) order streams and one hundred
(100) feet from the top of the bank on third (3rd) and higher order
streams, wetlands and sink holes.
5. The natural conditions of a buffer strip should not be altered, except as allowed by this Chapter. The following activities are prohibited in a buffer strip, except with City approval granted in Subsections
(C)(7) or
(D):
a. Any land disturbance activity, such as clearing, grading, stripping,
filling or dumping.
c. Storage or operation of motorized vehicles, except for maintenance
or emergencies.
d. Septic tanks or drainfields.
e. Structures and other impervious surfaces or cover.
f. Storm water retention or detention facilities.
g. Housing, grazing or other maintenance of livestock.
h. Riding of horses, except on existing trails.
6. The following structures, practices and activities are allowed in
the streamside zone of a buffer strip, subject to meeting all other
Sections of this Code.
a. Recreational uses such as walking, fishing, bird watching, unpaved
trails and greenways.
b. Education and scientific research.
c. Roads, bridges, paths and utilities, including crossings by transportation
facilities or utility lines, upon receiving all applicable Federal,
State and City permits and meeting the requirements of this Chapter.
d. Stream restoration projects, facilities and activities approved by
the Missouri Department of Natural Resources and U.S. Army Corps of
Engineers.
e. Water quality monitoring and stream gauges.
f. Removal of individual trees in danger of falling, causing damage
to structures or blocking the stream.
g. Temporary stream, stream bank and revegetation projects to restore
or enhance a buffer strip.
h. Docks and boat launches approved by MDNR and the City.
i. Other uses permitted under Chapter
430 or Section 404 of the Clean Water Act.
j. Site investigation work necessary for land use applications.
7. The following structures, practices and activities are allowed in
the outer zone of a buffer strip, subject to meeting all other Sections
of this Code.
a. All of the structures, practices and activities allowed in the streamside
zone.
b. Existing and ongoing agricultural activities.
c. Conservation uses, wildlife sanctuaries, nature preserves and passive
areas of parklands, such as campgrounds and picnic areas.
e. Excavation and fill activities required to plant new trees or vegetation.
g. Routine maintenance of landscaping.
h. Back yard area of a residential parcel meeting the requirements of Subsection
(D)(2).
i. Back yard area of a commercial parcel, only when no portion of the
buffer strip is impervious.
j. Control of noxious weeds and invasive species.
8. All subdivision plats, improvement plans, site development plans and SWPP plans shall show and label the buffer strip on the property, provide a note that states there shall be no clearing, grading, construction or disturbance of vegetation except as permitted by Chapter
400 "Zoning Regulations" of this Code and provide a note referencing a protective covenant maintaining the buffer strip in common ground, a drainage easement or a conservation easement referenced by book and page, if possible, that restricts disturbance and use of the buffer strip.
9. Developments and other projects subject to City approval shall be designed so that a buffer strip has access for inspection, maintenance and stream-related construction activity allowed in Subsections
(C)(6) and
(C)(7) applicable to the development or project.
10. Preservation of a buffer strip shall be maintained in perpetuity
and made the responsibility of the owners' association or property
owner.
D. Buffer Strip Enhancement Plan.
1. Clearing that is necessary to establish erosion and sediment control
devices or enable development of the site and establishment of BMPs
such as detention and sediment basins shall be installed in accordance
with the SWPP Plan.
2. Residential land disturbance or development may occur, subject to
approval of a land disturbance permit, within the outer zone of a
buffer strip upon submittal and approval by the City of a buffer strip
enhancement plan for improvement to the streamside zone or the outer
zone for encroachment of the outer zone. However, in no case shall
any land disturbance or development be within the streamside zone
of a buffer strip. The streamside zone shall be substantially vegetated
with native plant species and shall be maintained and made to be preserved
in native vegetation. Existing vegetated buffer strips shall be preserved.
Buffer strips that are not substantially vegetated, or are subject
to grading as part of the vegetation project or to stabilize the soils,
shall be enhanced to become substantially vegetated. Use of plants,
grasses and other vegetation native to Missouri are encouraged.
Buffer strip enhancement plan is to be designed by a licensed
professional. An applicant may with permission from the City encroach
within the stream buffer area, provided the applicant is able to demonstrate
that the water quality and stream morphology will not be adversely
affected or adequate mitigation provided to offset such adverse affects.
Mitigation may include, but not be limited to, the following:
a. Installing additional erosion and sediment control.
b. If the stream has the potential for lateral movement, installing
stream stabilization practices within the stream.
c. For those sites where vegetation does not exist, establishing vegetation.
d. Additional tree planting.
3. The restoration or enhancement of a buffer strip shall not be used
as mitigation for another site. No off-site credits for on-site improvements.
The plan shall cover the entire buffer strip on the development site,
include the area within one hundred fifty (150) feet adjacent to the
buffer strip, and shall provide the following information:
a. The delineation and labeling of the stream buffer including its streamside
zone and its outer zone.
b. A location map showing the limits of the FEMA delineated 100-year
floodplain.
c. Delineated streams, other water bodies, wetlands and sink holes on
the property and one hundred fifty (150) feet onto adjacent properties
in the buffer strip.
d. The location and labeling of any activities or structures proposed
in and within one hundred fifty (150) feet of the buffer strip.
e. The delineation of all areas steeper than 3:1 slopes with the percent
slope shown.
f. Identify the areas where there shall be no clearing, grading, filling,
construction or disturbance of vegetation.
g. Provide language for any conservation easements governing the buffer
strips.
4. In addition to Subsection
(D)(2), any reduced-width buffer strip shall be protected in perpetuity through the implementation of a legal mechanism such as a conservation easement. Physical mechanisms may also be necessary, such as implementation of an engineer's recommendation for a structural buffer to protect a slope or bank, installation of fencing or protection of an upland area impacting the buffer strip.
5. Upon request, the City may alter the outer boundary of the outer
zone of a buffer strip to allow for the presence of an existing structure
as long as the streamside zone is not altered by the narrowing and
no new structures are constructed in the buffer strip.
E. Phasing
or revision of grading plans or revision of submitted and approved
grading plans, if necessary, shall be approved by the City.
F. Erosion
control techniques include, but not be limited to, the following:
1. Permanent or temporary stabilization shall be completed within seven
(7) calendar days on all perimeter dikes, swales, ditches, perimeter
slopes and all slopes greater than 3 horizontal to 1 vertical (3:1);
embankments of ponds, basins and traps; and within fourteen (14) days
on all other disturbed or graded areas;
2. If seeding or another vegetative erosion control is used, it shall
become established within two (2) weeks or the Director may require
the site to be reseeded or a non-vegetative option be employed;
3. Special techniques that meet the erosion and sediment control design
criteria on steep slopes or in drainage ways to ensure stabilization;
4. Stabilization of stockpiles as required under the applicable County
or DNR permit for the development;
5. The entire site must be stabilized, using a suitable mulch layer
or another method that does not require germination to control erosion,
at the close of the construction season or siltation control structures
or other suitable BMPs provided for the management of sediment control;
6. Techniques shall be employed to prevent the blowing of dust or sediment
from the site; and
7. Techniques that divert upland runoff past disturbed slopes and delivered
to a non-erosive outlet shall be employed.
G. Sediment
control requirements include, but not be limited to:
1. Settling basins, sediment traps or tanks and perimeter controls;
2. Settling basins that are designed in a manner that allows adaptation
to provide long-term storm water management, if required by the Director;
and
3. Protection for adjacent properties and waterways by the use of a
vegetated buffer strip in combination with perimeter controls.
H. Watercourse
or drainageway protection requirements shall include, but not be limited
to:
1. A temporary stream crossing, approved by the Code Enforcement Officer,
shall be installed if a wet watercourse will be crossed regularly
during construction, but only if the Code Enforcement Officer determines
that the stream crossing will not cause flooding of adjacent property;
2. Stabilization of the watercourse channel before, during and after
any in-channel work;
3. All on-site storm water conveyance channels shall be designed according
to the erosion and sediment control design criteria; and
4. Stabilization to prevent erosion at the outlets of all pipes and
paved channels.
I. Construction
site access requirements shall include, but not be limited to, a temporary
rock access road provided at all sites; or other measures required
by the Code Enforcement Officer to ensure that sediment is not tracked
onto streets by construction vehicles or washed into storm drains.
[R.O. 2011 §430.060; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A. No
person shall release or cause to be released into the storm drainage
system any discharge that is not composed entirely of uncontaminated
storm water, except as allowed under a NPDES permit, the DNR or this
Code. Common storm water contaminants include trash, yard waste, lawn
chemicals, pet waste, wastewater, oil, petroleum products, cleaning
products, paint products, hazardous waste and sediment.
B. No
person shall construct, use, maintain or have continued existence
of illicit connections to the storm drain system. This includes, without
limitation, illicit connections made in the past, regardless of whether
the connection was permissible under law or practices applicable or
prevailing at the time of connection.
C. No
person shall connect a line conveying sanitary sewage, domestic sewage
or industrial waste, including connections of a commercial water filtration
or water softener, to the storm drainage system.
D. No
person shall maliciously destroy or interfere with BMPs implemented
pursuant to this document.
E. No
person shall throw, place or deposit in any stream, creek, lake, pond
or river within the City limits any matter or thing liable to impede,
impair or pollute the water therein or to build, place, throw or deposit
on or along the banks thereof any structure or any matter or thing
of any description liable to decay and produce any noxious gases or
effluvia calculated to pollute or obstruct any of such waters in the
City of Byrnes Mill.
F. No
owner or occupant of any lot, tract or parcel of land within the City
limits will have a collection of water (excluding goldfish ponds,
ponds or lakes) or shall remove any earth or soil from such lot, tract
or parcel of land so as to cause water to collect therein and become
stagnant, unclean, offensive or injurious to the individual, public
health or the environment.
G. No
person shall stockpile any manure in the City in a floodplain or floodway,
nor dump any manure to include, but not limited to, human, livestock
or pet waste into any waterway or water body of the City of Byrnes
Mill.
H. The
City of Byrnes Mill shall have the right-of-entry to any lot, tract
or parcel of land by any of the inspectors or designee of the Board
of Alderpersons, Development and Code Enforcement for the purpose
of inspection of an illicit discharge. The City has the right to enter
a DNR permitted facility in the event of an overflow, obvious by-pass
such as, but not limited to, the by-pass of the sand filter, direct
discharge, etc. The City has the right to make suggestions or recommendations
and if the problem is of a serious nature that produces an immediate
risk to the health of the residents of the City, the property of the
residents of the City and any risk to the environment, the City can
require on the spot corrections to fix the problem. All corrections
shall still be made in accordance to Missouri DNR regulations and/or
the City suggestions.
I. It
shall be unlawful for any person, firm or corporation to cause or
permit any sewage to be deposited, dumped, discharged or drained on
the surface or subsurface of the ground or about any public right-of-way
or ditch within the City, except as allowed under a NPDES permit,
the DNR or this Code. For the purpose of this Section, "sewage" is defined as any substance that contains any of the waste products
or other discharges from the bodies of human beings or animals or
chemical or other wastes from domestic, manufacturing or other forms
of industry. Such definition shall include, but not be limited to,
the discharge from laundry operations, both domestic and institutional.
J. No
well or cistern shall be left open or insecurely covered within the
City of Byrnes Mill. These must be closed in accordance with Missouri
Department of Natural Resources regulations.
K. It
shall be unlawful for the owner or occupant of any residence, institution,
professional, commercial or business establishment or for contractors
or builders engaged in construction or remodeling projects to deposit
or accumulate refuse in or upon any lot, parcel of land, public or
private drive, alley, street, creek, dry creek or any part of the
City's storm water system natural or manmade or other place in the
City, except in an approved containment device or except as allowed
under a NPDES permit, the DNR or this Code. No person shall permit
or allow any refuse in his or her yard or upon the premises occupied
by him or her or to throw or deposit any refuse upon the premises
of any other person or upon any of the streets, alleys or other public
places in the County.
[R.O. 2011 §430.070; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A. Permit Required. No person may engage in any land disturbance
activity, including persons engaged in land disturbance activity related
to utility installation or maintenance, without first obtaining a
land disturbance permit from the City, except as provided in this
Chapter.
B. Other Construction Permits Delayed. When a person is developing
a site and a permit is required in accordance with this Chapter, no
other construction permits shall be issued to make improvements on
that site until the person has secured a land disturbance permit for
the same site, unless such permits are unrelated to land disturbance
activity. This includes permits issued by any other City, State or
Federal agency.
C. Exemptions. A permit is not required under this Chapter
for the following:
1. Any land disturbance activity that disturbs or will, in the course
of the subject development, disturb less than one (1) acre of surface
area. This does not preclude preventive measures that need to be taken
to prevent an increase in site erosion, water runoff, siltation or
other drainage to neighboring properties. Where it is determined that
erosion measures are not being taken, the Code Enforcement Officer
may revoke application of this exemption to subject site.
2. All land farming operations, including plowing or tilling of land
for the purpose of crop production or the harvesting of agricultural
crops on land except where such activity may adversely affect aquatic
life or water quality. If an owner or any entity in which the owner
has a controlling interest has cleared or disturbed for an exempt
purpose, that owner may not develop the site for a two (2) year period
following the clearing or land disturbance activity.
3. Any activity that is immediately necessary for the protection of
life, property, public health or safety or natural resources.
4. On-going sludge drying and storage activities by water and sewer
authorities at the treatment plant site under Missouri DNR operation
permit.
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The Code Enforcement Officer encourages the use of best management
practices for sediment and erosion control techniques on all disturbed
sites including above exceptions.
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D. Application. To obtain a permit for land disturbance activity, the owner of the land, the holder of an access easement, an owner under contract or the site owner's authorized representative must submit a complete application, in writing, upon forms furnished by the City. The application shall be in accordance with the permit submission requirements delineated in Section
430.080.
A land disturbance permit must be issued in the name of the
current property owner.
E. Fee. Before issuance of a permit, the applicant shall pay
a fee to cover the cost of administration, plan review, inspection
services and any other costs associated with the permit process. The
fee shall be as set by the Board of Alderpersons and shall be paid
to the City with the application.
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Land Disturbance Permit
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<1 acre
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= no fee
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|
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1--3 acres
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= $500.00 + $50.00/acre
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|
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>3--10 acres
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= $1,000.00 + $50.00/acre
|
|
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>10--25 acres
|
= $1,500.00 + $25.00/ac > 10 ac
|
|
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>25 acres
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= $1,875.00 + $10.00/ac > 25 ac
|
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Floodplain Development Permit
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$80.00
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F. Review And Approval. The Director will review each application
to determine its conformance with the provisions of this Chapter and
the erosion and sediment control/storm water design criteria authorized
hereby. The Director shall, in writing:
1. Approve the permit application and the Storm Water Pollution Prevention Plan (SWPPP) required by Section
430.100, if the application complies with all the requirements of this Chapter and the Code Enforcement Officer determines that best management practices will be employed to control erosion and sedimentation to the maximum extent practicable; or
2. Approve the permit application and the SWPPP required by Section
430.100 subject to conditions, as herein authorized, as may be reasonably necessary to secure the objectives of this Chapter, prevent the creation of a nuisance or an unreasonable hazard to persons or to public or private property and issue the permit subject to these conditions; or
3. Disapprove the permit application and the SWPPP required by Section
430.100, indicating, in writing, the reason(s) therefore.
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Approval of permit application and SWPPP does not alleviate the owner of responsibilities delineated in Section 430.010 or any of the requirements of Chapter 400 "Zoning Regulations" of this Code.
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G. Conditions Of Approval. In approving the issuance of any
permit, the Code Enforcement Officer may impose any conditions as
may be reasonably necessary to secure the objectives of this Chapter
and/or prevent the creation of a nuisance or unreasonable hazard to
persons or to public or private property. All permits shall include
these conditions:
1. The granting (or securing from others) and the recording in the Recorder
of Deeds office of easements for drainage facilities on the property
of others and for the maintenance of slopes or erosion control facilities;
2. Adequate control of dust by watering or other control methods acceptable
to the Code Enforcement Officer;
3. Improvements of any existing grading, ground surface or drainage
condition on the site (not to exceed the area as proposed for work
or development in the application) to meet the standards required
under this Chapter or land disturbance, drainage and erosion control;
4. Installation of sediment traps and basins if determined by the Code
Enforcement Officer;
5. In the proximity of a school, playground or other areas where children
may congregate without adult supervision, the installation of additional
safety-related devices if determined by the Code Enforcement Officer.
H. Modification Of Plan.
1. Modifications of the approved plan must be submitted to the City
and shall be reprocessed in the same manner as the original SWPPP,
where:
a. Field inspection or evaluation has revealed the inadequacy of the
approved plan to accomplish its erosion and sediment control objectives;
or
b. The person responsible for carrying out the approved plan finds that,
because of changed circumstances or for other reasons, the approved
plan cannot be effectively carried out.
2. In emergency situations, the Code Enforcement Officer may require
the installation of interim erosion and sediment control/storm water
control measures to protect stream channels, other properties or the
general public from damage that will remain in effect until modifications
or revisions to the plan are approved and implemented.
3. Field modifications of a minor nature that are consistent with the
criteria of this Chapter may be made without authorization, provided
the Code Enforcement Officer is notified of such changes within forty-eight
(48) hours of implementation.
I. Assignment Or Transfer.
1. If the permittee sells the property before the termination of the
permit, a new permit will be issued for the new owner of the site,
upon application therefor, provided the original permittee is not
in violation of any City Code, ordinance or regulation.
2. If the permittee sells any portion of the property before the termination
of the permit, the permittee will remain responsible for that portion
of the property until the new owner of the property obtains a permit
in compliance with City requirements.
3. A new owner disturbing more than one (1) acre of a portion of property
covered by an approved plan for which a completion certificate has
not been issued shall obtain a land disturbance permit before engaging
in further land disturbance activities as required by this Chapter.
J. Termination Or Transfer Upon Completion. The permit shall
be valid from the time that it is issued until the site is permanently
stabilized and erosion and sediment control measures are in effect
or the property is transferred to a new permittee as provided hereinabove.
The site will be considered stabilized when either perennial vegetation,
pavement, buildings or structures, using permanent materials, cover
all areas that have been disturbed and all temporary erosion and sediment
control measures have been cleaned out and removed. To terminate the
permit, the permittee shall submit a written request to the City provided
a new permit has been issued in the name of the new permittee. The
City will perform a final inspection of the site to evaluate the completion
of the measures specified in the permit.
[R.O. 2011 §430.080; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A. The following information shall be submitted to the Code Enforcement Officer as a part of the application for a land disturbance permit as required by Section
430.070:
1. A site map in compliance with Section
430.080;
2. A SWPPP in compliance with Section
430.100;
4. A work schedule in compliance with Section
430.120;
6. A performance guarantee if required by Section
430.150;
7. A soils engineering report in compliance with Section
430.130 will be required before a grading permit will be issued; and
8. An engineering geology report in compliance with Section
430.140, when required by the City.
B. Plans submitted in accordance with Subsections
(A)(7) and
(A)(8) must be prepared and certified by a licensed professional or by someone who has successfully completed certification requirements from a nationally recognized organization that specializes in soil and erosion control, with such certification to be based upon preparation, knowledge and experience, passage of an examination showing proficiency in the principles and practices of erosion and sediment control, as well as a peer reviewed application stating the candidate's education and years of experience working in the industry. The certification must require continuing education credits to maintain the certification and the professional must certify as part of his/her report that he/she has maintained such credits to date. The program must be approved by the City.
C. The
City may require any additional information or data deemed appropriate
and/or may impose conditions thereto as the Code Enforcement Officer
may deem necessary to ensure compliance with the provisions of this
Chapter to preserve public health and safety.
D. The
Code Enforcement Officer may waive the requirements for site maps,
plans, reports or drawings, if the Code Enforcement Officer finds
that the information on the application and supporting information
is sufficient to show that the proposed work will conform to the requirements
of this Chapter.
E. The
applicant is bound by information submitted and by this Chapter.
F. Land disturbance activity may not take place in the City until a permit, as described in Section
430.070, has been issued and, if the Code Enforcement Officer has determined that a performance guarantee is necessary, an acceptable agreement has been obtained.
[R.O. 2011 §430.090; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A. Subject to Section
430.080(A), as a part of each application, the applicant shall submit a site map that contains all of the information specified in the Erosion and Sediment Control/Storm Water Management Manual required by Section
430.050(C) of this Chapter:
1. An attached vicinity map showing the location of the site in relation
to the surrounding area's watercourses and water bodies within one
hundred (100) feet, other geographic and natural features and street
and other structures;
2. Existing and proposed topography of the entire site with contour
lines drawn with an interval in accordance with the following table:
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Ground Slope Contour Interval
|
|
---|
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Flat: 0 — 30%
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2 feet
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|
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Steep: 30%+
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5 feet
|
|
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For minor subdivisions with minimum four (4) acre lots, U.S.G.S.
data may be used for existing topography for purposes of the land
disturbance permit;
|
3. Drainage areas within one hundred (100) feet;
4. Site's property lines shown in true location with respect to the
plan's topographic information;
5. Location and graphic representation of all existing and proposed
drainage facilities (natural and manmade) and to which Byrnes Mill
watershed(s) the drainage occurs;
6. Location, graphic representation and legend with a general description
of each soil type as described in the "Soil Summary of Byrnes Mill,
Missouri, United States Department of Agriculture, Natural Resources
Conservation Service" using Table 12 "Building Site Development" and
Table 13 "Sanitary Facilities";
7. Location of buffer strips delineating both streamside zone and the outer zone as defined in Section
430.050(C).
8. Delineation of any above grade natural or artificial water storage
areas, detention areas and drainage ditches on the site and a copy
of the 404 permit or a statement of no permit required;
9. Delineation of any drainage, sanitary, utility or other easement(s)
on or near the site;
10. Delineation of the 100-year floodplain and floodway on the site;
or a statement that there are no such floodplains located on the property;
11. Location and graphic representation of proposed excavations and fills,
of on-site storage of soil and other earthen material and, prior to
hauling, the location of off-premises disposal site;
12. Location and general description of vegetation cover to be left undisturbed;
13. Location of existing surface runoff and erosion and sediment control
measures;
14. Location of any water wells and on-site septic systems;
15. Location and size of any sink holes;
16. Quantity of soil in cubic yards to be disposed off site;
17. Proposed sequence of excavation, filling and soil or earthen material
storage and disposal; and
18. The signature of a licensed professional.
[R.O. 2011 §430.100; Ord. No. 711-09 §§1 — 3, 7-1-2009]
Subject to Section
430.080(A), as a part of each application, an applicant shall submit a SWPPP that is drawn to an appropriate engineering scale and that includes sufficient information to evaluate the environmental characteristics of the affected area, to assess the potential impacts of the proposed land disturbance on water resources and identify proposed methods to minimize on-site soil erosion and prevent off-site sedimentation to the maximum extent practicable, including disturbance of topsoil and limitation on disturbance and areas preserved as buffer strips designated to protect drainage courses. The SWPPP shall contain all the information specified herein and meet all the erosion and sediment control design criteria established pursuant to Section
430.050 of this Chapter.
[R.O. 2011 §430.110; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A. The
following items shall be submitted in support of an application for
a land disturbance permit:
1. An identification of the areas on the site to be protected from disturbance
and the methods of the protection.
2. Applicable State and Federal permits applied for or obtained.
3. A description of and the specification for the measures to be undertaken
to retain sediment on the site including, but not limited to, designs
and specification for berms and sediment detention facilities and
a schedule for maintenance and upkeep.
4. A description of and specifications for the measures undertaken to
reduce surface runoff and control erosion, including, but not limited
to, types and methods of applying mulches, designs and specifications
for diverters, dikes and drains and a schedule for their maintenance
and upkeep.
5. A description of the temporary and permanent vegetative measures
to be used including seeding mixtures and rates, types of sod, method
of seedbed preparation, expected seeding dates, types and rates of
lime and fertilizer application, kind and quantity of mulching, the
type, location and extent of pre-existing undisturbed vegetation types
and vegetation to remain, including buffer strips, and a schedule
for maintenance and upkeep.
6. Alternative methods of stabilizing the site when either seeding is
not performed in accordance with the work schedule or is performed
and is not effective.
7. The location and description, including design details, of temporary
and permanent erosion, surface runoff and sediment control measures
and structures or show in a typical format with proposed locations
on the plan.
8. The maximum surface runoff from the site calculated using the best
available information and sound engineering principles.
9. The sediment yield calculated using the best available information
and sound engineering principles.
10. The estimated duration of the permit, defined as the time for the
inception of the land disturbance until concluded and the site stabilized.
11. A statement noting that the contractor, developer and owner shall request the City to inspect and approve work completed in accordance with the approved plan and in accordance with this Chapter. The contractor, developer or owner shall be required to obtain written approval by the City at the stages of development as outlined in Section
430.160(D).
12. The storm drainage system including quantities of flow and site conditions
around all points of surface water discharge from the site.
13. The details of temporary and permanent stabilization measures, including
a construction note on the plan stating: "Following initial soil disturbance
or redisturbance, permanent or temporary stabilization shall be completed
within seven (7) calendar days on all perimeter dikes, swales, ditches,
perimeter slopes and all slopes greater than 3 horizontal to 1 vertical
(3:1); embankments of ponds, basins and traps; and within fourteen
(14) days on all other disturbed or graded areas". This requirement
does not apply to those areas that are shown on the plan and are currently
being used for material storage or for those areas on which actual
construction activities are currently being performed.
B. All
new or redevelopment projects disturbing one (1) acre or greater,
including projects less than one (1) acre that are part of a larger
common plan of development or sale, are required to install structural
or non-structural Best Management Practices (BMPs) which address the
quality of long-term storm water runoff and effectively remove storm
water pollution. BMPs will be designed and implemented to prevent
or minimize water quality impacts. BMPs require that all projects
described in this Section are required to have a permanent post-construction
water quality feature installed.
[Ord. No. 926-20, 10-21-2020]
[R.O. 2011 §430.120; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A. Subject to Section
430.080(A), the applicant shall submit a chronological construction schedule and approximate time frames for each activity specified herein and in the Erosion and Sediment Control/Storm Water Management Manual required by Section
430.050 of this Chapter:
1. Clearing and grubbing for those areas necessary for installation
of perimeter erosion control devices;
2. Construction of perimeter erosion and sediment control devices;
3. Remaining interior site clearing and grubbing;
4. Installation of permanent and temporary stabilization measures;
6. Utility installation and statement of whether storm drains will be
used or blocked during construction;
7. Building, parking lot and site construction if part of the land disturbance
activities;
8. Final grading, landscaping or stabilization;
9. Implementation and maintenance of final erosion control structures;
and
10. Removal of temporary erosion control devices.
[R.O. 2011 §430.130; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A. When the City determines that because of soil types and the need to protect against erosion or other hazards, the applicant shall submit a soils engineering report, subject to Section
430.080(A). The report shall be based on adequate and necessary test borings and shall contain all the information listed below. Recommendations included in the report and approved by the County shall be incorporated in the Storm Water Pollution Prevention Plan (SWPPP). The report shall include:
1. Data regarding the nature, distribution, strength and erodibility
of existing soils.
2. If applicable, data regarding the nature, distribution, strength
and erodibility of soil to be placed on the site.
3. Conclusions and recommendations for grading procedures.
4. Conclusions and recommended designs for interim soil stabilization
devices and measures and for permanent soil stabilization after construction
is completed.
5. Design criteria for corrective measures when necessary.
6. Opinions and recommendations covering the stability of the site.
[R.O. 2011 §430.140; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A. When the City determines that, subject to Section
430.080(A), additional information is required on properties to protect against landslides, faults or other geological hazards, the applicant shall submit an engineering geology report. The report shall be based on adequate and necessary test borings and give an adequate description of the geology of the site, with conclusions and recommendations, regarding the effect of geologic conditions on the proposed development and giving opinions and recommendations covering the adequacy of site to be developed by the proposed land disturbance activity. Recommendations included in the report and approved by the City shall be incorporated in the SWPPP. The report shall be based on subsurface exploration and testing that represents conditions of the entire parcel. The report shall include:
1. Maps depicting regional geologic settings and site-specific geologic
formations and structures.
2. Review of generally accepted published geologic reports pertaining
to the area.
3. An adequate description of the geology of the site, including description
of bedrock lithology, structure and physical characteristics (strength,
jointing, weathering, hardness, special physical or chemical features)
and discussion of how the geologic structure affects the site.
4. Identification of active and dormant landslides based on both site
analysis and published geologic maps. Geologic cross sections where
appropriate to convey information on geologic relationships.
5. Discussion of geomorphology and relevant hillslope and stream processes.
Identification and evaluation of any faults on or adjacent to the
site, including their degree of activity and their possible engineering
significance.
6. Description and evaluation of off-site geologic hazards that may
affect the graded site.
7. Conclusions and recommendations regarding the effect of geologic
conditions on the proposed development.
8. These studies shall be performed for the entire parcel and shall
not be limited only to those portions to be graded.
9. Reports should be signed by a Missouri licensed professional engineer.
[R.O. 2011 §430.150; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A. Based
on the "Byrnes Mill Schedule of Construction Unit Prices", prior to
the issuance of a land disturbance permit, the applicant must submit
a performance guarantee agreement, secured by a letter of credit,
that meets the requirements specified in this Chapter and in a satisfactory
form and approved by the City Counselor. That instrument shall be
conditioned upon the faithful performance of the terms of the permit
and the soil erosion and sediment control/storm water measures specified
in the permit and approved plan within the time authorized by the
permit or within any extension granted. The amount of the performance
guarantee shall be sufficient to cover erosion/sedimentation control
(installation and maintenance) and soil stabilization of the site
in the event of default by the permittee. The Code Enforcement Officer
may grant a partial or complete waiver of the performance guarantee,
upon application, where the Code Enforcement Officer finds minimal
impairment of existing surface drainage, minimal erosion hazard and
minimal sedimentation hazard upon any adjacent land or watercourse
and no hazard to human life or property.
B. A performance guarantee shall remain in full force and effect until the applicable permit is terminated, pursuant to Section
430.070(J) of this Chapter and all other permittee's acts covered by the performance guarantee have been determined to be complete in accordance with the applicable City Code provisions. If the permit holder does not faithfully perform the soil erosion and sediment control measures specified in the permit, the financial institution securing the letter of credit will cause the measures to be performed or may pay the City on demand the amounts needed to perform and maintain the measures. A release of the performance guarantee shall be transmitted to the letter of credit depositor upon termination of the applicable permit in accordance with Section
430.070(J) of this Chapter. Failure to renew the performance guarantee thirty (30) days prior to its expiration shall be deemed a default.
[R.O. 2011 §430.160; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A. General. Land disturbance activity may not proceed until
a land disturbance permit has been issued by the City. All work must
be performed in accordance with a sequence shown on the approved plan
and/or work schedule or a revised sequence that shall be set forth
in the SWPPP by the applicant.
A person must not initiate land disturbance activities sufficiently
close to the property line so as to endanger any adjoining property,
including a public street, sidewalk or alley. The adjoining property
should be supported and protected from damage that may result from
land disturbance activities including settling, cracking or vegetative
damage. If, in the opinion of the Code Enforcement Officer, the land
disturbance activity creates a hazard to life or property, which is
not adequately safeguarded, the permittee must construct walls, fences,
guardrails or other structures to safeguard the adjoining private
property or public street, sidewalk, alley or other public property
and persons, as the Code Enforcement Officer may require.
B. Execute The Approved Plan. The issuance of a permit shall
constitute an authorization to do the work described in the permit
or shown on the approved plan. A copy of the approved plan and the
permit must be available on the site for inspection or a sign must
be placed on site with contact notice information. Field markings
showing limits of disturbance must be on site during all installation
of erosion and sediment/storm water control measures, construction
or other land disturbance activities.
C. Maintain And Repair Storm Water Facilities During Development.
1. The permittee or the owner of any property on which work has been
done pursuant to a permit or any other person or agent in control
of that property must inspect, maintain in good and effective condition
and promptly repair or restore all grade surfaces, walls, drains,
dams and structures, plantings, vegetation, erosion and sediment control
measures and other protective devices. The permittee or owner and
their agent, contractor and employees shall maintain and repair all
graded surfaces and erosion control facilities, drainage structures
or means and other protective devices, plantings and ground cover
installed while construction is active. Inspections shall be performed
and documented in accordance with regulations of the City of Byrnes
Mill, Jefferson County. Repair or restoration and maintenance must
be in accordance with the approved plan and permit as required by
this Chapter.
2. Any person who performs utility-related work under a permit is responsible for the repair or maintenance of all erosion and sediment control measures affected by the utility construction. Repair or maintenance must be in accordance with Subsection
(C)(1) above.
D. Maintain And Repair Storm Water Facilities After Development.
1. Easement. Permanent easements for maintenance of
storm water management facilities shall be established on the final
subdivision plat for any project that has said facilities as part
of the improvements. The owner(s) of storm water management facilities
are hereby obligated to maintain the facilities in good repair and
working order.
2. Covenants. When storm water improvements are part
of a subdivision development wherein a property owners' association
will own the improvements, the covenants or restrictions for said
subdivision shall include a statement obligating each property owner
to maintain the storm water facilities. The covenants or restrictions
shall authorize the association to place a lien on property the owners
of which fail to pay such assessments. The language of the covenants
or restrictions shall obligate the association to perform a minimum
of annual maintenance on the storm water facilities and to keep records
of such maintenance for ten (10) years. Upon request, records must
be produced for inspection by the City of Byrnes Mill. Maintenance
and repair may include, but is not limited to, removal of silt, litter
and other debris from all catch basins, inlets and drainage pipes,
removal of grass cuttings and vegetation, the necessary replacement
of landscape vegetation and repair to any defects in storm water structures.
3. Inspection of storm water facilities. The City
of Byrnes Mill may establish inspection programs to review maintenance
and repair records; to sample discharges, surface water, ground water
and material or water in drainage control facilities; and to evaluate
the condition of drainage control facilities and other storm water
treatment practices. The property owner(s) shall allow representatives
of Byrnes Mill to enter the property at reasonable times and in a
reasonable manner for the purpose of inspection. This includes the
right to enter the property when the City has a reasonable basis to
believe that a violation of this order is occurring or has occurred.
4. Failure to maintain practices. If the responsible party fails or refuses to meet the requirements of this order, said party shall be subject to the enforcement provisions of Section
430.170 "Violations".
E. Inspections.
1. Each site that has an approved plan shall be inspected as necessary
to ensure that erosion and sediment/storm water control measures are
installed and effectively maintained in compliance with the approved
plan and permit. As a minimum, it is anticipated that the Code Enforcement
Officer will inspect the site at the following stages:
a. Upon completion of installation of perimeter erosion and sediment
controls;
b. During the construction of sediment basins or storm water management
structures, at the inspection points required by the permit;
c. Prior to the removal or modification of any erosion and sediment
control measure or practice; and
d. Upon completion of final grading, including establishment of ground
covers and planting, installation of all vegetative measures and all
other work in accordance with the approved plan.
2. Permittee shall notify the Code Enforcement Officer when work pursuant
to the permit reaches the milestones set forth in Section 430.120(4).
Requests for inspection shall be made at least forty-eight (48) hours
in advance (exclusive of Saturdays, Sundays and holidays) of the time
the inspection is desired.
F. Remove Fugitive Materials. If soil, earth, sand, gravel, rock, stone or other material is caused to be deposited upon or to roll, flow or wash upon any public or private property and/or public road in violation of Section
430.010 of this Chapter, the person responsible shall be notified and must cause the material to be removed from that property within forty-eight (48) hours or other time period as determined by the City. In the event of an immediate danger to the public health or safety, notice must be given by the most expeditious means and the material must be removed immediately.
G. Non-Interference With City's Corrective Actions. A person
must not interfere with an authorized representative or agent of any
surety, issuing organization or entity nor shall a person obstruct
the ingress to or egress from a site or premises. This non-interference
extends to the City engaged in completing the required work to be
performed under the permit or in complying with the terms or conditions
of the approved plan or the permit.
[R.O. 2011 §430.170; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A. Inspections And Notice Of Failure. The City may inspect
the work and upon prior notice to the permittee (except in cases of
emergency in which the injury to persons or property is imminent)
notify the permittee or the representative of the permittee, if there
is a failure to comply with the requirements of this Chapter. Following
notice of a potential violation, the permittee shall be given the
opportunity to accompany any such inspector and to participate in
the inspection. The notice issued for violation must, at a minimum,
state the nature of the violation, any practice or approved plan deficiencies,
required corrective action and compliance time. After a notice to
comply is given, the permittee or the permittee's contractor(s) shall
be required to make the corrections within the time period determined
by the City. If an imminent hazard exists, the City shall require
that the corrective work begin immediately. Notice of minor deficiencies
may be given to responsible personnel on site.
B. Third (3rd) Party Inspections, If Necessary. If as-built plans are not being furnished for the job, then, in addition to its own inspections, the City may require that any portion of the construction of basins or structures be inspected and certified by a licensed professional. The permittee may be required to secure the services of a licensed professional to inspect the construction of the facilities and provide the City with a fully documented certification that all construction is done in accordance with the provisions of the approved plan, applicable rules, regulations and criteria. If a certification is provided to the City, inspections anticipated under Section
430.160(E)(1)(b) for the basin or structure may be waived. In these cases, the City must be notified at the required inspection points and may make spot inspections.
C. Suspension.
1. Any permit issued under this Chapter may be suspended by the City,
after notice, if the City determines that:
a. The site is not in substantial compliance with the approved plan
or any permit condition;
b. Permittee fails to submit reports timely, when requested to do so
by the City;
c. A violation of any provision of this Chapter or any other applicable
law, order, rule or regulation relating to the work exists;
d. A condition exists or any act is being done that constitutes or will
create a nuisance or hazard or endangers or will endanger human life
or the property of others; or
e. The approved plan is failing to achieve required erosion and sediment
control/storm water management objectives due to site characteristics
or conditions and the permittee has not submitted or followed an approved
modified plan.
2. The City shall reinstate a suspended permit upon the permittee's
correction of the cause of the suspension.
D. Stop Work Orders.
1. In addition to the other authority granted by this Chapter, the City
may post a site with a stop work order directing that all or any portion
of the land disturbance activity cease immediately, provided that:
a. The City determines that the land disturbance activity violates a
condition or requirement of the permit or approved plan or any provisions
of this Chapter or regulations;
b. Written warning notice is furnished to the permittee or the permittee's
representative that lists deficiencies and the time within which the
corrections must be made;
c. The permittee fails to comply with the warning notice within the
specified time.
2. A person must not continue or permit the continuance of work in an
area covered by a stop work order, except work required to correct
deficiencies with respect to an erosion or sediment/storm water control
measure.
3. For the purposes of this Chapter, a stop work order is validly posted
by posting a copy of the stop work order on the site of the land disturbance
activity in reasonable proximity to a location where the land disturbance
activity is taking place.
4. A stop work order may be issued without a warning notice where the
City determines that:
a. Land disturbance is taking place that requires a permit under this
Chapter and one has not been approved;
b. Required erosion and sediment/storm water control measures are not
installed, inspected and approved before the land disturbance;
c. The limits of disturbance are being violated;
d. An illicit discharge is or has occurred in accordance with Section
430.060; or
e. Inspection reveals the existence of any condition or the doing of
any act that:
(1)
Is or will create a nuisance or hazard; or
(2)
Endangers human life or the property of others.
5. Except as otherwise provided, the City must provide written notice
to the permittee or a representative of the permittee when a stop
work order is issued. A copy of the order, in the case of work for
which there is a permit, shall be mailed by first class mail, postage
prepaid, to the address listed by the permittee on the permit. In
the case of work for which there is no permit, a copy of the order
shall be mailed to the person listed as owner of the property by the
City of Byrnes Mill. That notice must specify the extent to which
work is stopped and the conditions under which work may resume. The
permittee is responsible for the actions of agents of the permittee
and must notify those agents when a stop work order is issued that
will affect an area within which the agents are to work. In this regard, "agent" is defined as any person who acts at the instruction,
with the permission, or to the benefit of the permittee. A hearing
shall be held before the Code Enforcement Officer within forty-eight
(48) hours after the issuance of the stop work order unless resolved
prior to the time of the hearing.
6. A person must not continue or permit the continuance of work in an
area covered by a stop work order, except work required to correct
deficiencies with respect to an erosion or sediment/storm water control
measure.
E. City's Right To Correct And Recover Costs.
1. Within ten (10) days after posting the order, the City (if the deficiencies specified in the stop work order have not been satisfied) may issue a notice of intent to the permittee, owner or land user of the City's intent to perform work necessary to comply with this Chapter pursuant to the guarantee agreement. The City may go on the land and commence work after fourteen (14) days from issuing the notice of intent. The costs incurred by the City to perform this work shall be paid out of the performance guarantee required by Section
430.080.
2. Whenever the City finds that a default has occurred in the performance of any term or condition of the permit, approved plan, performance guaranty or a violation of Section
430.010(C) has occurred, written notice of default must be given to the permittee and to the surety or issuing organization or entity. The notice must state the work to be done, the estimated cost and the specified period of time deemed by the City to be reasonably necessary for completion of the work.
3. In the event of any default in the performance of any term or condition
of the permit or performance guarantee, the City, the surety, the
issuing organization or entity or any person employed or engaged on
its behalf has a right to go upon the site to complete the required
work necessary to control erosion and sedimentation or to protect
properties, watercourses and persons. In the event the City undertakes
this work with the funds from a forfeited performance guaranty, the
funds must be used to pay the cost of contracting, including engineering
and administration, for necessary restoration of the site to control
erosion and sediment/storm water within the requirements of the approved
plan, permit, performance guarantee or this Chapter.
4. In the event any soil, earth, sand, gravel, rock, stone or other material that is caused to be deposited upon or to roll, flow or wash upon any public or private property in violation hereof and is not removed after notice as provided in Section
430.170(A), the City may cause the removal. The failure to remove shall be treated as a default on the performance guarantee and remedy the default as authorized by Section
430.160(D)(4).
5. Revocation of permit.
a. The Code Enforcement Officer shall revoke the permit if the permittee
fails or refuses to cease work pursuant to a stop work order issued
in conformity with this Chapter.
b. The City shall immediately revoke the permit upon failure of any
permittee to maintain the performance guarantee.
[R.O. 2011 §430.180; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A. Other Laws.
1. Neither this Chapter nor any decision made with respect hereto exempts
the applicant or any other person from other requirements of the City
Code or from State and Federal laws or from procuring other required
permits, nor do they limit the right of any person to maintain, at
any time, any appropriate action, at law or in equity, for relief
or damages against the applicant or any person arising from the activity
regulated by this Chapter.
2. This Chapter shall not be construed to be in conflict with any State
or Federal law intended to control erosion, sedimentation and storm
water. In those instances where State or Federal law imposes a more
strict duty or requirement with respect to a matter covered by this
Chapter, the more strict duty or requirement shall control.
B. Liability Insurance.
1. Contractors or subcontractors performing land disturbance activities
shall be insured against liability for claims for damages for personal
injury and property damage and certificates of insurance shall be
made available to the City upon request. Neither issuance of a permit
nor compliance with these provisions or any condition imposed by the
City relieves any person from any responsibility for damage to persons
or property otherwise imposed by law, nor imposes any liability upon
the City for damages to persons or property.
2. The permittee is responsible for safely and legally completing the
project. Neither the issuance of a permit under the provisions of
this Chapter nor the compliance with the provisions hereto or with
any condition imposed by the City shall relieve any person from responsibility
for damage to persons or property resulting therefrom or as otherwise
imposed by law, nor impose any liability upon the City for damages
to persons or property.
[R.O. 2011 §430.190; Ord. No. 724-10 §1, 2-17-2010]
A. Any
person, persons, firms, associates, corporations, agent or employees
thereof failing to comply with any of the provisions of this Chapter
may result in the issuance of a stop work order and/or other penalties
to include fines up to five hundred dollars ($500.00) daily, issuance
of arrest warrants or be imprisoned for not more than (90) days or
both such fine and imprisonment until compliance is accomplished.
B. Each
day such violation continues shall constitute a separate offense.