[R.O. 2008 §24-32(a,1,a)]
These regulations shall be known as the "Land Disturbance Code" of Creve Coeur, Missouri, hereinafter referred to as "this code".
[R.O. 2008 §24-32(a,1,b); Ord. No. 5165 §3, 12-13-2010]
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 as the context implies.
Practices, procedures or a schedule of activities to reduce the amount of sediment and other pollutants in stormwater discharges associated with construction and land disturbance activities. BMP also include treatment and requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage and both structural and non-structural measures to control, treat or prevent stormwater runoff pollution within waters of the State. "Structural measures" means engineered devices and "non-structural measures" include, but are not limited to, alternative site design ordinance and zoning, education and good housekeeping measures. Types of BMP include, but are not limited to:
State-approved standard specifications and permit programs.
Employee training in erosion control, material handling and storage and housekeeping for maintenance areas.
Site preparation such as grading, surface roughening, topsoiling, tree preservations and protection and temporary construction entrances.
Surface stabilization such as temporary seeding, permanent seeding, mulching, sodding, ground cover including vines and shrubs, riprap and geotextile fabric. Mulches may be hay, straw, fiber mats, netting, wood cellulose, corn or tobacco stalks, bark, corn cobs, wood chips or other suitable material which is reasonably clean and free of noxious weeds and deleterious materials. Grasses used for temporary seeding shall be a quick growing species such as rye grass, Italian rye grass or cereal grasses suitable to the area and which will not compete with the grasses sown later for permanent cover.
Runoff control measures such as temporary diversion dikes or berms, permanent diversion dikes or berms, right-of-way or perimeter diversion devices and retention and detention basins; and sediment traps and barriers, sediment basins, sediment (silt) fence and staked straw bale barriers.
Runoff conveyance measures such as grass-lined channels, riprap and paved channels, temporary slope drains, paved flumes or chutes; and slope drains may be constructed of pipe, fiber mats, rubble, Portland cement concrete, plastic sheets or other materials that adequately will control erosion.
Inlet and outlet protection.
Stream bank protection such as a vegetative greenbelt between the land disturbance and the watercourse. Also, structural protection which stabilizes the stream channel.
A critical path method analysis or a schedule for performing erosion control measures.
Other proven methods for controlling runoff and sedimentation.
The Creve Coeur Building Department.
The City of Creve Coeur, Missouri.
Any activity that removes the vegetative surface cover or destroys the root system.
The "Land Disturbance Code" of Creve Coeur, Missouri.
A parcel or contiguous parcels, where land disturbance activities are performed as part of a development.
St. Louis County, Missouri.
A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, silt or other materials.
The County Department of Highways and Traffic, acting through its Director or his/her duly authorized designee.
The Creve Coeur Department of Public Works acting through its Director or his/her duly authorized designee.
A channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope.
Any channel that conveys surface runoff through a site.
The wearing away of land surface through the action of wind or water.
Any best management practices (BMP) that prevents or minimizes erosion.
The removal, stripping or disturbance of soil, earth, sand, rock, gravel or other similar substances from the ground.
The vertical location of the existing ground surface prior to excavations or filling.
Federal Emergency Management Agency.
The placing of any soil, earth, sand, rock, gravel or other substance on the ground.
The final grade or elevations of the ground surface conforming to the proposed design.
Reshaping the ground surface through excavation and/or fill of material.
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.
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.
Any land disturbance activity involving less than one (1) acre of land, other than any land disturbance activity involving a site involving less than once (1) acre that is part of a proposed development that will ultimately disturb one (1) acre or more.
A permit issued by the authority having jurisdiction authorizing a land disturbance activity at a specific site subject to conditions stated in the permit. A land disturbance permit may be for any one (1) or more major or ordinary land disturbance activities.
A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
Clearing a parcel of land in distinct stages, with the stabilization of each phase substantially completed before the clearing of the next.
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.
The fraction of total rainfall that exits at the outfalls from a site.
Solid material, material or organic, that has been moved by erosion and deposited in a location other than the point of origin.
Any best management practices (BMP) that prevents eroded sediment from leaving a site.
Staked bales or silt fencing systems that function as a filter and a velocity check to trap fine-grained sediment while allowing satisfactory passage for stormwater runoff.
A lot or parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation.
Altering terrain and/or vegetation and constructing improvements.
The use of best management practices (BMP) that prevent exposed soil from eroding from a land disturbance site.
The first (1st) land disturbance activity associated with a development.
A management plan, the purpose of which is to ensure the design, implementation, management and maintenance of best management practices in order to reduce the amount of sediment and other pollutants in stormwater discharges associated with land disturbance activities, comply with the standards of the City and County and ensure compliance with the terms and conditions of the applicable State permits including adherence to the land disturbance program contained in Missouri MS4 NPDES permits.
The usual boundaries, not the flood boundaries, of a stream channel. The top of the natural incline bordering a stream.
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.
[R.O. 2008 §24-32(a,2)]
Other Laws. The provisions of this code shall be interpreted consistent with and shall not be deemed to nullify any related provisions of City, County, State or Federal law.
[R.O. 2008 §24-32(a,3)]
A.
Department Of Public Works. The Department of Public Works shall have the authority and responsibility to perform the following functions related to the enforcement of this code including:
1.
Receive applications for major land disturbance permits;
2.
Coordinate the review of major land disturbance permit applications and accompanying documents with City departments and the Metropolitan St. Louis Sewer District (MSD);
3.
Issue major land disturbance permits in coordination with the departments of the City and the Metropolitan St. Louis Sewer District (MSD);
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 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 rights-of-way which are maintained by the City;
9.
Plan review of land disturbance activities within or abutting areas designated 100-year floodplain; and
10.
Administer the determination, collection and release of site development escrows required by this code.
B.
The Department of Public Works shall promptly issue a land disturbance permit upon determination that all applicable provisions of this code have been met. No major land disturbance permit or ordinary land disturbance permit shall be issued if the Department of Public Works finds that the proposed land disturbance activity would result in a material change in the amount or pattern of surface water runoff to the substantial injury of neighboring public or private property or right-of-way.
All land disturbance activities shall be carried out in such a manner as to minimize inconvenience and harm to adjacent properties and property owners.
C.
Departments having enforcement authority and responsibilities described in this code shall have the authority, as necessary in the interest of public health, safety and general welfare, to adopt and promulgate interpretations to implement the provisions of this code in order to secure the intent thereof and to designate requirements applicable because of local climatic or other conditions. Such interpretations shall not have the effect of waiving requirements specifically provided for in this code or of violating accepted engineering practices involving the purpose of this code.
D.
The City shall not be liable to any person or entity for any action taken pursuant to authority of this code or for failure to take action authorized by this code.
[R.O. 2008 §24-32(a,4); Ord. No. 5492 §3, 8-22-2016]
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.
Notice Of Violation.
1.
Whenever the enforcement personnel find evidence of a violation of any provision of this Chapter, written notice thereof shall be given to the responsible party (owner and/or occupant as the case may be). Such notice shall be in writing and shall include:
a.
A statement of the provisions being violated, together with a designation of the remedial action to be taken;
b.
The period of time within which such remedial action shall be completed, which time shall be a reasonable period of time under all of the circumstances;
c.
A notice of the penalty for failure to timely remove or abate the violation, including that a summons will be issued for hearing before the Municipal Court; and
d.
A statement that if the violation reoccurs within a period of twelve (12) months after the aforesaid date by which the violation shall be removed or abated, a summons may be issued without further notice. Such notice shall be served by the enforcement personnel by delivering a copy to the responsible party or by sending a copy of the notice by registered or certified mail with return receipt requested to the last known address or if the address of the responsible party is unknown, by posting a copy of such notice in a conspicuous place in or about the property affected by the notice. The notice shall be deemed served on the date delivered or received or ten (10) days after posting.
2.
The responsible party shall remedy the conditions specified in such notice within the time designated therein, provided that the enforcement personnel may, for good cause, extend the time for compliance with any such notice.
3.
Once notice has been given to a person regarding a violation, if the same violation recurs in or on the same lot or tract of land or land adjacent thereto within twelve (12) months after the date stated in the notice as the deadline to remove or abate the violation, no further notice shall be required, and the same person may be summoned into Municipal Court regarding the recurring violation.
4.
If a warning notice is given as provided in Subsection (B) and if, after the time for removal or abatement has lapsed, the property is reinspected and the inspector finds and determines that the violation has not been removed or abated, the inspector shall fill out and sign as the complainant a complaint directed by name to the occupant, owner and/or person in charge of the property showing the address or legal description of the property on which the violation is located and such other information as may be available to the inspector and setting forth in general the nature of the violation. If a notice is not required under Subsection (B)(1), the inspector who finds and determines that a violation has recurred may fill out and sign as the complainant a complaint as provided above. The City's prosecuting attorney or assistant prosecuting attorney shall, if he or she determines action is appropriate, sign the complaint as an information and it shall then be forwarded to the Clerk of the Municipal Court for issuance of summons and inclusion on the court's docket for the date shown on the summons. If the violation is corrected prior to the court date, the inspector may request the prosecuting attorney to dismiss the matter. If the matter is dismissed, notice of dismissal shall be promptly provided to the summoned party.
5.
The Clerk shall mail a copy of the summons by ordinary mail, postage prepaid, to the person(s) named therein at the address shown on the summons or at such other address as the person(s) charged therewith may be found or shall be known to reside. If the mail is duly addressed to the person(s) named in the summons at the address as provided above and is not returned to the City, it shall be deemed to have been delivered and received by the person(s) to whom addressed.
C.
Violation, Penalties. Any person, firm or corporation who shall violate any provision of this Code or who shall fail to comply with any of the requirements thereof or who shall perform work in violation of the approved construction documents or the Storm Water Pollution Prevention Plan or any directive of the Department of Public Works or of a permit or certificate issued under the provisions of this Code or shall start any work requiring a permit without first obtaining a permit therefor 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 and be subject to the general penalties of Section 100.090 of the Creve Coeur Municipal Code.
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 of Public Works shall issue a stop work order.
b.
The Department of Public Works 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 of Public Works 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.
The violator shall either accept the penalty assessment and pay the assessed penalty amount (certified check or cash only) to the City or pursue a timely appeal.
d.
In the event of an appeal, the Department of Public Works may revise its assessment upon notice to both the City Administrator 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.
D.
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.
E.
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.
F.
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. 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 (C) of this Section.
[R.O. 2008 §24-32(a,5)]
A.
Application For Appeal. Any person shall have the right to appeal a decision of the Department of Public Works to the Board of Adjustment pursuant to Section 405.1110(J). An application for appeal shall be based on a claim that the intent of this Code or the rules or regulations adopted thereunder have been incorrectly interpreted or the provisions of this Code do not apply.
B.
Resolution. The decision of the Board of Adjustment shall be in writing. Copies shall be furnished to the appellant and to the Department of Public Works.
C.
Administration. The Department of Public Works shall take immediate action in accordance with the decision of the Board of Adjustment.
D.
Court Review. A party adversely affected by a decision of the Board of Adjustment may appeal to an appropriate court from such decision. Application for review shall be made in the manner and time required by law following the filing of the decision.
E.
Payment. Upon conclusion of any and all timely review proceedings, the final assessed penalty shall be immediately paid.
[R.O. 2008 §24-32(a,6); Ord. No. 5123 Exh. A, 2-22-2010]
A.
Permit Required. Any person who intends to conduct any land disturbance activity must obtain a permit prior to beginning the activity. The type of permit shall be as required by Subsections (A)(1) or (A)(2) in this Section.
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 in 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 Subsections (A)(1) or (A)(2) of this Section must obtain a separate land disturbance permit from the City, unless the original permit holder obtains the approval of the Department of Public Works to transfer the original permit to the new owner and the original owner retains responsibility for the land disturbance activities on such property.
C.
Exceptions. Land disturbance permits not required:
1.
Land disturbance permits are not required for the following activities:
a.
Any emergency activity that is immediately necessary for the protection of life, property or natural resources.
b.
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.
2.
Land disturbance permits are not required for the following activities, provided the activity does not alter or cause to be altered the present surface of the ground by any cut or fill at the property line; by any cut or fill that would permanently divert one drainage area to another drainage area; by any cut or fill which would deposit mud or harmful silt or create erosion or damage to adjoining properties; or 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.
Existing farming, nursery and agricultural operations conducted as a permitted or accessory use.
b.
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.
c.
Land disturbance activities associated with additions to and accessory structures for one- and two-family dwellings.
d.
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 seedbed; provided erosion and sediment control measures are provided until the grass or other vegetation is established. Any cut or fill in conjunction with the preparation of the seedbed shall not exceed thirty (30) cubic yards.
e.
Gardening and similar activities on property occupied by one- or two-family dwellings.
D.
State Of Missouri Permits Required. The applicant must obtain a land disturbance permit from the State of Missouri Department of Natural Resources for any site where one (1) acre or more of land will be disturbed before beginning any site work authorized by a City permit. This requirement applies to sites of less than one (1) acre that are part of a proposed development that will ultimately disturb one (1) acre or more. A copy of the State application and permit must be included in the application to the City.
[R.O. 2008 §24-32(a,7)]
A.
Permit Applications. Applications for land disturbance permits required by this Code shall be in the form prescribed by and accompanied by the site plans and documents determined necessary by the Department of Public Works. Applications for land disturbance permits shall include proof that proposed land disturbance and uses have received any applicable zoning approval from the City.
B.
Storm Water Pollution Prevention Plan (SWPPP) Required For Major Land Disturbance Permits. All applications for major land disturbance permits shall be accompanied by a Storm Water Pollution Prevention Plan, prepared for the specific site by or under the direction of a qualified professional, which shall be dated and bear the qualified professional's original seal and signature. The application shall contain a statement that any land clearing, construction or development involving the movement of earth shall be in accordance with the Storm Water Pollution Prevention Plan and the applicant will assume and acknowledge responsibility for compliance with this Code and the Storm Water Pollution Prevention Plan at the site of the permitted activity.
C.
Required Site Development Escrows For Land Disturbance Permits. Applicants for land disturbance permits shall, upon approval of their application but prior to issuance of permit, file a site development escrow in the form of a letter of credit or other improvement security in an amount deemed sufficient by the Department of Public Works to cover all costs of required erosion and sediment controls, watercourse protections, site access controls and material and waste controls.
1.
Release of escrows — project closure. Any site development escrow will not be fully released to the depositor until all of the following have been completed:
a.
All temporary control best management practices (BMP) have been removed and the site has been fully stabilized.
b.
All permanent control best management practices (BMP) have been completed.
c.
All final land disturbance inspections/certifications have been completed by each of the government jurisdictions involved in authorizing the project.
[R.O. 2008 §24-32(a,8)]
A.
Issuance Of Permits. Land disturbance permits shall not be issued until the fees associated with the permit are paid to the City.
1.
Department of Public Works. Fees for the activities of the Department of Public Works related to land disturbance permits shall be in accordance with the fee rates established in Appendix B to Title IV, Community Development and Public Works Fee Schedule. In applying the Code Enforcement Fee Schedule, the total estimated cost of land disturbance activities shall include applicable grubbing, site clearing, rough grading, sediment and erosion control measures, excavating, backfill, final grading, concrete flatwork, asphalt pavement and final landscaping. The Department of Public Works may require a bona fide contract or an affidavit of the owner of the project in which the applicant and owner verify the total cost of the site improvements related to the permit.
[R.O. 2008 §24-32(a,9)]
A.
Content — Storm Water Pollution Prevention Plan (SWPPP). Compliance with the design requirements of this Code is required when developing the Storm Water Pollution Prevention Plan and the plan shall include the following:
1.
Name, address and telephone number of the site owner and the name, address and telephone number of the individual who will be in charge of construction/development activities at the site.
2.
Site address or location description and parcel identification number(s).
3.
A site map showing the outlines of the total project area, the areas to be disturbed, existing land uses, locations and names of surface water bodies, locations of floodplains, locations of temporary and permanent best management practices (BMP) and such other pertinent information as may be required by the Department of Public Works.
4.
Existing contours of the site and adjoining strips of off-site property and proposed contours after completion of the proposed land disturbance and development, based on United States Geological Survey datum, with established elevations at buildings, walks, drives, street and roads; and information on necessary clearing and grubbing, removal of existing structures, excavating, filling materials brought to the site, spreading and compacting. Existing and proposed contours shall be shown at two (2) foot elevation intervals.
5.
A natural resources map identifying soils, forest cover and resources protected under other provisions of Creve Coeur 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 stormwater discharges that will occur after land disturbance activity has been completed.
13.
Location of temporary off-street parking and wash-down area for related vehicles.
14.
Sources of off-site borrow material or spoil sites and all information relative to haul routes, trucks and equipment.
15.
The anticipated sequence of construction and land disturbance activities including installation of best management practices (BMP), removal of temporary best management practices (BMP), stripping and clearing; rough grading; construction utilities, infrastructure and buildings; and final grading and landscaping. Sequencing shall identify the expected date(s) on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures and establishment of permanent vegetation.
16.
All erosion and sediment control measures necessary to meet the objectives of this Code throughout all phases of construction and after completion of site development. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season.
17.
Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application and kind and quantity of mulching for both temporary and permanent vegetative control measures.
18.
Provisions for maintenance of control facilities including easements and estimates of the cost of maintenance.
19.
Plans for responding to any loss of contained sediment to include the immediate actions the permit holder will take in case of a containment failure. This plan must include documentation of actions and mandatory reporting to the Department of Public Works.
20.
Schedules and procedures for routine inspections of any structures provided to prevent pollution of stormwater or to remove pollutants from stormwater and of the site in general to ensure all best management practices (BMP) are continually implemented and are effective.
B.
Required Plan Amendments — Storm Water Pollution Prevention Plan (SWPPP). The permit holder shall amend the Storm Water Pollution Prevention Plan whenever:
1.
Design, operation or maintenance of best management practices (BMP) is changed;
2.
Design of the construction project is changed in a way that could significantly affect the quality of the stormwater discharges;
3.
Site operator's inspections indicate deficiencies in the Storm Water Pollution Prevention Plan (SWPPP) or any best management practices (BMP);
4.
Inspections by the City or by the Missouri Department of Natural resources indicate deficiencies in the Storm Water Pollution Prevention Plan (SWPPP) or any best management practices (BMP);
5.
The Storm Water Pollution Prevention Plan (SWPPP) is determined to be ineffective in significantly minimizing or controlling erosion or excessive sediment deposits in streams or lakes;
6.
The Storm Water Pollution Prevention Plan (SWPPP) is determined to be ineffective in preventing pollution of waterways from construction wastes, chemicals, fueling facilities, concrete truck washouts, toxic or hazardous materials, site litter or other substances or wastes likely to have an adverse impact on water quality;
7.
Total settleable solids from a stormwater outfall exceeds five-tenths (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 stormwater outfall exceeds two and one-half (2.5) ml/L/hr for any other outfall; or
9.
The City or the Missouri Department of Natural Resources determines violations of water quality standards may occur or have occurred.
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;
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.
[R.O. 2008 §24-32(b); Ord. No. 5165 §3, 12-13-2010]
A.
General Design. The design of erosion and sediment controls required for land disturbance activities shall comply with the following minimum requirements:
1.
Land disturbance, erosion and sediment control practices and watercourse crossings shall be adequate to prevent transportation of sediment from the site.
2.
Materials brought to any site or property under a permit issued under this Code, where said material is intended to be utilized as fill material at the site for land disturbance, erosion or sediment control, shall consist of clean uncontaminated earth, soil, dirt, sand, rocks, gravel or masonry materials or other approved materials.
3.
Cut and fill slopes shall be no greater than 3:1 except as approved by the Department of Public Works to meet other community or environmental objectives. All excavation, grading or filling shall have a finished grade not to exceed a 3:1 slope (thirty-three percent (33%)). Steeper grades may be approved by the Director of Public Works if the excavation is through rock or if the excavation or the fill is adequately protected (a designed head wall or toe wall may be required). Turf reinforce mattresses (TRM), rock slopes and other best management practices (BMP) could be utilized for slopes in excess of 3:1, but must be approved by a qualified geotechnical engineer hired by the developer and approved by the City prior to and/or during installation. Retaining walls that exceed a height of forty-two (42) inches shall require the construction of safety guards as identified in the appropriate Sections(s) of the adopted City Building Codes and must be approved by the City Building Department. Permanent safety guards shall be constructed in accordance with the appropriate Section(s) of the adopted City Building Codes (latest edition). Also, the following water quality issues as a reference can be used: Protecting Water Quality - A Field Guide to Erosion, Sediment and Stormwater Best Management Practices for Development Sites in Missouri.
4.
Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other City ordinances.
5.
Clearing techniques that retain existing vegetation to the maximum extent practicable shall be used and the time period for disturbed areas to be without vegetative cover shall be minimized to the extent practical.
6.
Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.
7.
Phasing shall be required on all sites disturbing greater than 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. Phasing should identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas and the sequence of clearing, installation of temporary sediment control measures, installation of storm drainage, paving streets and parking areas and establishment of temporary and permanent vegetative cover. The Director of the Department of Public Works may waive specific requirements for the content of submissions upon finding that the information submitted is sufficient to show that the work will comply with the objective and principles of these regulations.
B.
Erosion Control Design. Erosion control requirements shall include the following:
1.
Soil stabilization shall be completed within five (5) days of clearing or inactivity in construction.
2.
If seeding or another vegetative erosion control method is used, it shall become established within two (2) weeks or the site shall be reseeded or a non-vegetative option employed. Where natural vegetation is removed during grading, vegetation shall be re-established in such a density, seventy-five percent (75%) vegetative cover of area disturbed, as to prevent erosion. Permanent type grasses shall be established as soon as possible or during the next seeding period after grading has been completed. When grading operations are completed or suspended for more than thirty (30) days, permanent grass must be established at sufficient density, fifty percent (50%) to seventy-five percent (75%) vegetative cover, to provide erosion control on the site. Between permanent grass seeding periods, temporary cover shall be provided according to the Director of Public Works' recommendations. All finished grades (areas not to be disturbed by future improvements) in excess of twenty percent (20%) slopes (5:1) shall be mulched and tacked as prescribed in Appendix A to this Chapter 420.
3.
Techniques shall be employed to ensure stabilization on steep slopes and in drainage ways. Provisions shall be made to accommodate the increased runoff caused by changed soil and surface conditions during and after grading. Unvegetated open channels shall be designed so that gradients result in velocities of two (2) fps (feet per second) or less. Open channels with velocities more than two (2) fps and less than five (5) fps shall be established in permanent vegetation by use of commercial erosion control blankets or lined with rock riprap or concrete or other suitable materials as approved by the Director of Public Works. Detention basins, diversions or other appropriate structures shall be constructed to prevent velocities above five (5) fps. (Refer to Figures 1 through 21.)
4.
Soil stockpiles must be stabilized or covered at the end of each workday or perimeter controls must be in place to prevent silt from the stockpile from leaving the site.
5.
The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season.
6.
Techniques shall be employed to prevent the blowing of dust or sediment from the site.
7.
Techniques shall be employed to divert upland runoff past disturbed slopes. The adjoining ground to development sites (lots) shall be provided with protection from accelerated and increased surface water, silt from erosion and any other consequences of erosion. Runoff water from developed areas (parking lots, paved sites and buildings) above the area to be developed shall be directed to diversions, detention basins, concrete gutters and/or underground outlet systems. Sufficiently anchored straw bales may be temporarily substituted with the approval of the Director of Public Works. (Refer to Figures 1 through 21.) All lots shall be seeded and mulched at the rates defined in Appendix A to this Chapter 420 or sodded before an occupancy permit shall be issued except that a temporary occupancy permit may be issued by the Building Department in cases of undue hardship because of unfavorable ground conditions.
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 (1) time and shall be sized to contain five-tenths (0.5) inch of sediment from the drainage area and be able to contain a 2-year, 24-hour storm. If the provision of a basin of this size is impractical, other similarly effective 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 stormwater management as required by the department(s) having enforcement authority and responsibilities described in this Code.
4.
Settling basins shall have stabilized spillways to minimize the potential for erosion of the spillway or basin embankment.
5.
Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls.
D.
Watercourse Design. Watercourse protection requirements shall include:
1.
Encroachment into or crossings of active watercourses/riparian areas and wetlands shall be avoided to the maximum extent practicable. All County, State and Federal permits and approvals shall be obtained by a permit holder prior to beginning work authorized by a land disturbance permit.
2.
Development along natural watercourses shall have residential lot lines, commercial or industrial improvements, parking areas or driveways set back a minimum of twenty-five (25) feet from the top of the existing stream bank. The watercourse shall be maintained and made the responsibility of the subdivision trustees or, in the case of a site plan, by the property owner. Permanent vegetation shall be left intact. Variances will include designed stream bank erosion control measures and shall be approved by the Director of Public Works. FEMA and U.S. Army Corps of Engineers guidelines shall be followed where applicable regarding site development areas designated as floodplains and wetlands.
3.
Stabilization of any watercourse channels before, during and after any in-channel work.
4.
If a defined watercourse is to be realigned or reconfigured, clearing and grubbing activities within fifty (50) feet of the watercourse shall not begin until all materials and equipment necessary to protect the watercourse and complete the work are on site. Once started, work shall be completed as soon as possible. Areas within fifty (50) feet of the watercourse shall be recontoured and revegetated, seeded or otherwise protected within five (5) working days after land disturbance activities have ceased.
5.
All stormwater conveyances shall be designed according to the criteria of the St. Louis Metropolitan Sewer District (MSD) and the necessary MSD permits obtained.
6.
Stabilization adequate to prevent erosion shall be provided at the outlets of all pipes and paved channels.
E.
Construction Site Access Design. Construction site access requirements for major land disturbance activities shall include:
1.
A temporary access road provided at all land disturbance sites including a wash-down area supporting all active sites.
2.
The Department of Public Works may require other measures to ensure that construction vehicles do not track sediment onto public streets or be washed with wash effluent channeled directly into storm drains.
F.
Control Of Construction Materials And Waste. Control requirements for construction materials, construction wastes and other wastes generated on site at land disturbance sites shall include provisions satisfactory to the City.
1.
Spill prevention and control facilities for materials such as paint, solvents, petroleum products, chemicals, toxic or hazardous substances, substances regulated under the Resource Conservation and Recovery Act (RCRA) or the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and any wastes generated from the use of such materials and substances including their containers. Any containment systems employed to meet this requirement shall be constructed of materials compatible with the substances contained and shall be adequate to protect both surface and ground water.
2.
Collection and disposal of discarded building materials and other construction site wastes including those listed in Subsection (F)(1) above.
3.
Litter control.
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.
[R.O. 2008 §24-32(c); Ord. No. 5043 §3, 7-14-2008]
A.
Department Of Public Works — General. The Department of Public Works shall make inspections as herein required and shall either approve that portion of the work completed or shall notify the permit holder wherein the work fails to comply with this Code and applicable permits and plans. Plans for land disturbance, stripping, excavating and filling work bearing the stamp of approval of the City shall be maintained at the site during the progress of the work. To obtain inspections, a permit holder shall notify the Department of Public Works at least two (2) working days before the following:
B.
Extra Inspections. In addition to the inspections otherwise required, the Department of Public Works is authorized to perform and charge fees for extra inspections or reinspections which in its judgment are reasonably necessary due to non-compliance with the requirements of this Code or work not being ready or accessible for inspection when requested.
C.
All erosion and sediment control facilities shall be inspected following each rainstorm causing significant runoff or being of sufficient intensity or duration as to stop construction or grading progress. As a result of such inspections or any time the following are found:
1.
Excess sediment has accumulated in silt control devices;
2.
Sediment or erosion control devices have been damaged;
3.
Obvious gullies or sediment deposits have formed on the downstream side of control devices; or
4.
Sediment has been carried beyond the working site. The devices shall be cleaned of sediment, repaired if damaged and restored to serviceable conditions.
D.
Permit Holder Inspection And Report Responsibilities — Major Land Disturbances. The holder of a major land disturbance permit or his/her agent shall cause regular inspections of land disturbance sites by a qualified special inspector. Inspections shall include all erosion and sediment and other pollutant control measures, outfalls and off-site receiving waters in accordance with the inspection schedule outlined in the approved Storm Water Pollution Prevention Plan. Inspections must be scheduled at least once per week and no later than 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 and to determine the overall effectiveness of the Storm Water Pollution Prevention Plan and the need for additional control measures. All inspections shall be documented in written form on weekly reports with copies submitted to the Department of Public Works at the time interval specified in the permit. Permit holder inspection reports must include the following minimum information:
1.
Inspector's name and signature;
2.
Date of inspection;
3.
Observations relative to the effectiveness of the best management practices;
4.
Actions taken or necessary to correct deficiencies; and
5.
A listing of areas where land disturbance operations have permanently or temporarily stopped.
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. |
E.
Verification Of Permit Holder's Reports. The Department of Public Works may make extra inspections as deemed necessary to ensure the validity of the reports filed under Subsection (D) of this Code or to otherwise ensure proper installation, operation and maintenance of stormwater best management practices and to determine the overall effectiveness of the Storm Water Pollution Prevention Plan and the need for additional control measures.