Editor's Note — Ord. No. 03-09 enacted February 26, 2009 adopted the following provisions set out in this Ch. 420 as well as Chs. 400, 405, 410, 415, 425 and 430 of this Title.
[Ord. No. 21-06 §1(49.010), 11-16-2006]
The purpose of this Chapter is to safeguard persons, protect property and prevent damage to the environment in the Village while meeting EPA requirements for developing an effective stormwater pollution protection plan. This Chapter will promote the public welfare by guiding, regulating and controlling the design, construction, use and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in the Village.
[Ord. No. 21-06 §1(49.020), 11-16-2006]
In this Chapter, the following terms have the following definitions:
- Best management practices used for reducing sediment in runoff waters or to minimize erosion due to wind or water.
- CERTIFIED CONTRACTOR OR INSPECTOR
- A person who has received training and is licensed by (State or local environmental agency) or is a CPESC to inspect and maintain sediment and erosion control practices.
- Any activity that removes existing vegetative surface cover.
- Certified professional in erosion and sediment control.
- Clean Water Act.
- DRAINAGE WAY
- Any channel that conveys surface runoff throughout the site.
- Environmental Protection Agency.
- EROSION CONTROL
- A measure that minimizes the removal of soil particles due to wind or water.
- Excavation of fill material, including the resulting conditions thereof.
- Notice of intent.
- Notice of termination.
- National Pollutant Discharge Elimination System
- Removing existing vegetation from a parcel of land in distinct phases, with the stabilization of each phase completed before clearing the next.
- An undertaking by the applicant as described in the proposed plan including, but not limited to, all phases of a proposed subdivision, development of multiple lots or parcels, building of a roadway or other earth disturbing activities.
- SEDIMENT AND EROSION CONTROL PLANS
- A set of plans prepared by or under the direction of a CPESC, licensed engineer or other Missouri approved professional. The plans indicate specific measures and sequencing to be used for reducing sediment in runoff waters and minimizing erosion on a construction site during pre- and post-construction activities.
- SEDIMENT CONTROL
- Measures that reduce suspended particles found in runoff waters.
- A parcel of land or a contiguous combination thereof where grading work is performed as a single unified operation.
- SITE DEVELOPMENT PERMIT
- A permit issued by the municipality for the construction or alteration of ground improvements and structures to reduce sediment in runoff waters, controlling runoff and grading.
- Practices that minimize erosion of exposed soil due to wind and water.
- START OF CONSTRUCTION
- The first (1st) land disturbing activity, including land preparation such as grubbing, clearing, grading and filling: installation of streets and walkways; excavation for basements, footings, piers or foundations; erection of temporary forms; and installation of accessory buildings.
- Storm Water Pollution Prevention Plan.
- Any body of water including, but not limited to, lakes, ponds, rivers, streams and bodies of water delineated by the Village of Airport Drive.
- A channel that directs surface runoff to a watercourse or to the public storm drain.
[Ord. No. 21-06 §1(49.030), 11-16-2006]
In order to ensure EPA's Phase I and Phase II regulations are met and to comply with Village Codes, no person, corporation, firm or entity shall commence grading and earth movement activities without first obtaining a site development (land use) permit from the Village.
No person, corporation, firm or entity shall be granted a site development permit for land disturbing activity that requires the uncovering of greater than or equal to one (1) acre without the approval of a sediment and erosion control plan by the Public Works Department.
No site development permit is required for the following activities:
Any emergency activity that is immediately necessary for the protection of life, property or natural resources.
Refuse disposal sites controlled by other regulations.
Existing nursery and agricultural operations conducted as a permitted main or accessory use.
Any activity where the total volume of material disturbed, stored, disposed of or used as fill does not exceed one thousand five hundred (1,500) cubic yards or the area disturbed does not exceed thirty thousand (30,000) square feet; provided, it does not obstruct a watercourse and is not located in a floodplain.
A written application from the owner of the site or an authorized representative in the form prescribed by the Village shall be required for each permit. Plans and specifications shall be prepared and signed by a civil engineer, surveyor, architect or landscape architect licensed in the State of Missouri. The Village may waive the preparation or approval and signature by the civil engineer, surveyor, architect or landscape architect when it is self-evident that the work is simple, clearly shown and entails no hazard or nuisance potential to adjacent property or watercourse and does not include the placement of fill upon which a structure may be erected.
Each application shall bear the name(s) and address(es) of the owner or developer of the site and a statement that the movement of earth shall be in accordance with the sediment and erosion control plan; and a certified contractor, inspector or CPESC shall be on site on all days when construction or grading activity takes place.
For areas of disturbance equal to or greater than one (1) acre, applicant is also required to submit a land disturbance permit issued by the State of Missouri Department of Natural Resources (DNR).
Phasing shall be required on all sites disturbing greater than ten (10) acres, with the size of each phase to be established at plan review and as approved by the Village. Sedimentation control shall be established before work on each phase or for the complete site in the first (1st) phase.
The applicant may be required to file with the Village a faithful performance bond, letter of credit or other improvement security in an amount deemed sufficient by the Village Engineer to cover all costs of improvements, landscaping and maintenance of improvements for such period as specified by the Village. The amount specified will also cover all expenditures associated with:
NPDES requirements will remain in force until requirements are fulfilled and approved by the Public Works Department.
Permits issued under this Chapter shall be valid for the period during which the proposed land disturbing or filling activities and soil storage takes place or are scheduled to take place, whichever is shorter, but in no event shall such a permit be valid for more that one (1) year. The permittee shall commence permitted activities within one hundred eighty (180) days of the scheduled commencement date for grading or the permittee shall resubmit all required application forms, maps, plans and schedules to the Village Engineer, except where an item to be resubmitted is waived by the issuing authority.
Permit fees for areas of one (1) acre and not part of a platted subdivision shall be twenty-five dollars ($25.00) for the first (1st) acre and five dollars ($5.00) per each acre thereafter. For lots within a platted subdivision, a ten dollars ($10.00) fee per lot with a minimum of one hundred dollars ($100.00) per phase.
[Ord. No. 21-06 §1(49.040), 11-16-2006]
The Village Engineer will review each application for a site development permit to determine its conformance with the provisions of this regulation. Within thirty (30) days after receiving an application, the Village Engineer shall, in writing:
Approve the permit application;
Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation and issue the permit subject to these conditions; or
Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised application and/or submission.
If the Village Engineer determines that the plan cannot be reviewed within thirty (30) working days, the applicant shall be notified and they shall mutually agree upon the time for completion of the plan review.
Failure of the Village to act on an original or revised application within thirty (30) days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the Village.
If the applicant amends an approved plan before construction activities commence, the amended plan shall be submitted for review by the Village Engineer. No work shall commence pursuant to the amended plan until the amended plan is approved by the Village Engineer.
[Ord. No. 21-06 §1(49.050), 11-16-2006]
The sediment and erosion control plan shall include, but not be limited to, the following:
Drawings that should typically consist of the following:
One (1) set of pre-construction drawings that illustrate at least the following:
Existing topography at contour intervals of one (1) foot.
Existing drainage basins.
Historic runoff patterns.
Location and nature of existing problems (e.g., wetlands).
General location of where structural BMP are to be installed.
BMP specifications, quantity.
Construction time schedule.
Inspection and maintenance requirements.
One (1) set of proposed construction drawings that illustrate at least the following:
Proposed topography at contour intervals of one (1) foot.
Proposed drainage basins.
Proposed runoff patterns.
Location and nature of potential problems.
General location of where structural BMP are to be installed.
General locations of where non-structural BMP are to be installed while construction activities occur.
BMP specifications and quantity.
Construction time schedule.
Inspection and maintenance requirements.
If agreed upon by the Village Engineer, the pre-construction and proposed construction plans can be combined into one (1) set of drawings. Items found above shall be included in the drawings. However, topographic features of combined drawings shall consist of existing contours printed in faded dash lines and new contours in solid lines at intervals specified by the Village Engineer. After completion of the project, a set of post-construction drawings shall be submitted to the Village showing the final configuration of site improvements, drainage patterns, permanent BMP to control erosion and sediment, final grading topography and inspection and maintenance requirements.
Depending upon the complexity of the project, the drafting of intermediate plans will be required at the close of each season as specified by the Village Engineer. The Village reserves the right to require additional updates, deletions and other modifications to the plans as may be needed.
[Ord. No. 21-06 §1(49.060), 11-16-2006]
Grading, sediment control practices, erosion control practices and waterway crossings shall meet at least the design criteria set forth in the most recent version of Village's sediment and erosion control manual. However, the Village encourages use of innovative, cost effective and new BMP methods, but may require justification and approval before their implementation.
Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other Chapters of this Code. Clearing techniques that retain natural vegetation and drainage pattern shall be used to the satisfaction of the Village Engineer.
Clearing of existing vegetation, except that necessary to install structural BMP, shall not begin until all structural BMP illustrated in the pre-construction drawings have been installed by the contractor and approved by the Inspector.
Structural BMP illustrated in the proposed construction drawings shall be installed in a timely manner, inspected and maintained.
Sediment containment systems (e.g., sediment basins) shall be designed in a manner that allows adaptation to provide long-term stormwater management if required by the Village.
Non-structural BMP to control erosion illustrated in the proposed construction drawings will be implemented during construction activities and as is feasible and as required by the Village Engineer. Where applicable, the following minimum criteria shall be met:
Soil stabilization against erosion shall be completed within seven (7) working days of clearing or inactivity in construction.
Soil stockpiles must be stabilized against erosion with a frequency (e.g., daily, weekly, etc.) directed by the Village Engineer.
All exposed ground of a site must be stabilized against erosion at the close of the construction season or when construction activities will cease for more than thirty (30) days.
Techniques shall be employed while construction activities occur to minimize the development of wind-borne particles.
Techniques that divert upland runoff past disturbed slopes shall be employed.
Waterway and watercourse protection requirement shall include:
A temporary stream crossing installed and approved by the Missouri Department of Natural Resources if a wet watercourse will be crossed regularly during construction.
Stabilization of the watercourse channel before, during and after any in-channel work.
Construction site access requirements shall include measures required by the Village Engineer in order to ensure that minimal amounts of sediment are not tracked onto public streets by construction vehicles or washed into storm drains.
[Ord. No. 21-06 §1(49.070), 11-16-2006]
The Village shall be notified at least five (5) working days before construction activities begin.
Inspection of the construction site shall occur to ensure BMP are implemented and maintained in a timely manner as required and illustrated in the pre-, during and post-construction drawings or their approved modifications. Modifications, additions and omission of BMP required making a plan more effective is permitted. However, when BMP are not installed as illustrated on the proposed construction drawings or their modifications, the Inspector must provide written justification in an inspection report as to why omissions and/or changes were allowed to occur.
Inspectors shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the sediment and erosion control plan as approved.
Plans for grading, stripping, excavating and filling work bearing the stamp of approval of the Village shall be maintained at the site during the progress of the work.
Inspections shall occur at least once each week and within seventy-two (72) hours after a climatic event results in runoff to evaluate the overall effectiveness of a control plan and to assess the need for possible adjustments of control measures.
All inspections shall be documented in written form and submitted to the Village at the time interval specified in the approved permit. Inspection reports include the following:
When compliance issues found in the plans are met.
When non-compliance issues with the plans are found, and what (and when) mitigation measures were implemented.
When CWA or other environmental violation issues are found. Detailed information of the violation is to be given, accompanied by descriptions of what was done to correct the problem.
Copies of all inspection reports are to be kept and maintained in a logbook at the construction site. The logbook is to be retained by the contractor and the Village for three (3) years after construction activities cease.
Permittees shall notify the Village at least two (2) working days before the following:
Start of construction as signified by submittal of a NOI.
Completion of site clearing.
Completion of rough grading.
Completion of final grading.
Closings of the project site for any reason, including the end of a construction season.
Completion of final landscaping and submittal of a NOT.
The Village's designated agent shall enter the property of the applicant as deemed necessary to make regular inspections and to review the logbook to ensure the validity of the reports filed by the contractor.
[Ord. No. 21-06 §1(49.080), 11-16-2006]
Stop Work Order — Revocation Of Permit.
If the plan approved by the Village is not complied with or the time schedule is not met, the Village may issue a notice to stop work on the project. Within the time period specified in the notice to stop work, the work specified in the approved plan must be completed and if necessary, any unauthorized deviations from the approved plan must be corrected, abated, removed or repaired. If the project is not in compliance with the approved plan within time specified in the notice, the Village shall issue a stop work order. Work shall not resume on the project until the Village Engineer approves a completion and/or correction plan.
If deemed necessary, the Village may revoke the site development permit.
Violation And Penalties.
No person shall construct, enlarge, alter, repair or maintain any grading, excavation or fill or cause the same to be done contrary to or in violation of any terms of this Chapter. Any person violating of any of the provisions of this Chapter shall be deemed guilty of an ordinance violation and each day during which any violation of any of the provisions of this Chapter is committed, continued or permitted shall constitute a separate offense.