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.
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.
Any channel that conveys surface runoff throughout the site.
Environmental Protection Agency.
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.
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.
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.
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.
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]
A.Â
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.
B.Â
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.
C.Â
No site
development permit is required for the following activities:
1.Â
Any
emergency activity that is immediately necessary for the protection
of life, property or natural resources.
2.Â
Cemetery
graves.
3.Â
Refuse
disposal sites controlled by other regulations.
4.Â
Existing
nursery and agricultural operations conducted as a permitted main
or accessory use.
5.Â
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.
D.Â
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.
E.Â
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.
F.Â
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).
G.Â
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.
H.Â
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:
I.Â
NPDES
requirements will remain in force until requirements are fulfilled
and approved by the Public Works Department.
J.Â
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.
K.Â
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]
A.Â
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:
1.Â
Approve
the permit application;
2.Â
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
3.Â
Disapprove
the permit application, indicating the reason(s) and procedure for
submitting a revised application and/or submission.
B.Â
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.
C.Â
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.
D.Â
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]
A.Â
The sediment
and erosion control plan shall include, but not be limited to, the
following:
2.Â
Drawings
that should typically consist of the following:
a.Â
One
(1) set of pre-construction drawings that illustrate at least the
following:
(1)Â
Existing topography at contour intervals of one (1) foot.
(2)Â
Existing drainage basins.
(3)Â
Historic runoff patterns.
(4)Â
Location and nature of existing problems (e.g., wetlands).
(5)Â
General location of where structural BMP are to be installed.
(6)Â
BMP specifications, quantity.
(7)Â
Construction time schedule.
(8)Â
Inspection and maintenance requirements.
3.Â
One
(1) set of proposed construction drawings that illustrate at least
the following:
a.Â
Proposed
topography at contour intervals of one (1) foot.
b.Â
Proposed
drainage basins.
c.Â
Proposed
runoff patterns.
d.Â
Location
and nature of potential problems.
e.Â
General
location of where structural BMP are to be installed.
f.Â
General
locations of where non-structural BMP are to be installed while construction
activities occur.
g.Â
BMP
specifications and quantity.
h.Â
Construction
time schedule.
i.Â
Inspection
and maintenance requirements.
B.Â
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.
C.Â
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]
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
Structural
BMP illustrated in the proposed construction drawings shall be installed
in a timely manner, inspected and maintained.
E.Â
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.
F.Â
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:
1.Â
Soil
stabilization against erosion shall be completed within seven (7)
working days of clearing or inactivity in construction.
2.Â
Soil
stockpiles must be stabilized against erosion with a frequency (e.g.,
daily, weekly, etc.) directed by the Village Engineer.
3.Â
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.
4.Â
Techniques
shall be employed while construction activities occur to minimize
the development of wind-borne particles.
5.Â
Techniques
that divert upland runoff past disturbed slopes shall be employed.
G.Â
Waterway
and watercourse protection requirement shall include:
1.Â
A temporary
stream crossing installed and approved by the Missouri Department
of Natural Resources if a wet watercourse will be crossed regularly
during construction.
2.Â
Stabilization
of the watercourse channel before, during and after any in-channel
work.
3.Â
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]
A.Â
The Village
shall be notified at least five (5) working days before construction
activities begin.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
F.Â
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:
1.Â
When
compliance issues found in the plans are met.
2.Â
When
non-compliance issues with the plans are found, and what (and when)
mitigation measures were implemented.
3.Â
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.
4.Â
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.
G.Â
Permittees
shall notify the Village at least two (2) working days before the
following:
1.Â
Start
of construction as signified by submittal of a NOI.
2.Â
Completion
of site clearing.
3.Â
Completion
of rough grading.
4.Â
Completion
of final grading.
5.Â
Closings
of the project site for any reason, including the end of a construction
season.
6.Â
Completion
of final landscaping and submittal of a NOT.
H.Â
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]
A.Â
Stop Work Order — Revocation Of Permit.
1.Â
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.
2.Â
If deemed
necessary, the Village may revoke the site development permit.
B.Â
Violation And Penalties.
1.Â
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.
