[Ord. No. 4965 §1, 1-17-2006]
A.Â
Title. These regulations shall be known as the "Land Disturbance
Code" of Richmond Heights, Missouri, hereinafter referred to as "this
code".
B.Â
Introduction. On construction or land disturbance sites,
soil is highly vulnerable to erosion by wind and water. Eroded soil
endangers water resources by reducing water quality and causing the
siltation of aquatic habitat for fish and other desirable species.
Deposits of eroded soil also necessitate maintenance of sewers and
ditches and the dredging of lakes. In addition, clearing and grading
during construction cause the loss of native vegetation necessary
for terrestrial and aquatic habitat. Construction activities also
utilize materials and generate wastes, which if not properly controlled
can pollute receiving waters.
C.Â
Purpose. The purpose of this code is to safeguard persons,
protect property and prevent damage to the environment in Richmond
Heights. This code will also promote the public welfare by guiding,
regulating and controlling the design, construction, use and maintenance
of any development or other activity that disturbs or breaks the topsoil
or results in the movement of earth on land in Richmond Heights.
D.Â
Scope. This code provides for the safety, health and welfare
of the public by regulating and controlling the design, construction,
use and maintenance of any development or other activity that disturbs
land surfaces or results in the movement of earth in Richmond Heights.
E.Â
BEST MANAGEMENT PRACTICES OR BMP
BUILDING DEPARTMENT
CLEARING
CODE OR THIS CODE
CONSTRUCTION SITE OR LAND DISTURBANCE SITE
COUNTY
DEPARTMENT OF HIGHWAYS AND TRAFFIC
DEPARTMENT OF PUBLIC WORKS
DRAINAGE WAY
EROSION
EROSION CONTROL
GRADING
LAND DISTURBANCE ACTIVITIES
LAND DISTURBANCE, MAJOR
LAND DISTURBANCE, ORDINARY
LAND DISTURBANCE PERMIT
PERIMETER CONTROL
PHASING
QUALIFIED PROFESSIONAL
RUNOFF COEFFICIENT
SEDIMENT CONTROL
STABILIZATION
START OF CONSTRUCTION
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
WATERCOURSE
Definitions. For the purpose of this code, the following
terms, phrases, words and their derivations shall have the meanings
given herein. Where terms are not defined by this Section, such terms
shall have ordinarily accepted meanings such as the context implies.
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.
The Building Department acting through its Director or his/her
duly authorized designee.
Any activity that removes the vegetative surface cover or
destroys the root system.
The "Land Disturbance Code" of Richmond Heights, Missouri.
A parcel or contiguous parcels where land disturbance activities
are performed as part of a proposed development.
St. Louis County, Missouri.
The County Department of Highways and Traffic acting through
its Director or his/her duly authorized designee.
The Richmond Heights Department of Public Works acting through
its Director or his/her duly authorized designee.
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 prevent or minimize
erosion.
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.
A permit issued by the authority having jurisdiction authorizing
a land disturbance activity at a specific site subject to conditions
stated in the permit. A permit may be for any one (1) or more major
or ordinary land disturbance activities.
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.
Any Best Management Practices (BMP) that prevent eroded sediment
from leaving a site.
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 (BMP) 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 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.
A natural or artificial channel or body of water including,
but not limited to, lakes, ponds, rivers, streams, ditches and other
open conveyances that carry surface runoff water either continuously
or intermittently.
[Ord. No. 4965 §1, 1-17-2006]
Other Laws. The provisions of this code shall
not be deemed to nullify any provisions of County, State or Federal
law.
[Ord. No. 4965 §1, 1-17-2006]
A.Â
The Building
and/or Public Works Departments (the "departments") shall have the
authority and responsibility to perform the following functions related
to the enforcement of this code as associated with major land disturbance
permits:
1.Â
Administer
the determination, collection and release of site development escrows
required by this code;
2.Â
Coordinate
the review of permit applications and accompanying documents with
the Metropolitan St. Louis Sewer District (MSD);
3.Â
Clear
issuance of major land disturbance permits with Metropolitan St. Louis
Sewer District (MSD) and issue such permits;
4.Â
Receive
applications for major land disturbance permits;
5.Â
Coordinate
the review of major land disturbance permit applications and accompanying
documents with City departments;
6.Â
Coordinate
the issuance of the major land disturbance permit with the departments
of the City;
7.Â
Inspect
major land disturbance activities;
8.Â
Inspect
land disturbance activities within or abutting areas designated 100-year
floodplain;
9.Â
Receive
applications, perform plan review, inspect and issue permits for ordinary
land disturbance activities relating to Best Management Practices
(BMP) to be utilized to control erosion and sedimentation from leaving
the site during construction and other land disturbance activities;
10.Â
Plan
review of major land disturbance activities;
11.Â
Plan
review and inspection of land disturbance activities related to construction,
repair, maintenance or condition of roadways and roadway right-of-ways
which are maintained by the City; and
12.Â
Plan
review of land disturbance activities within or abutting areas designated
100-year floodplain.
B.Â
No major
land disturbance permit or ordinary land disturbance permit shall
be issued where the departments find 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.Â
Rule-Making Authority. Departments having enforcement authority
and responsibilities described in this code shall have the authority,
as necessary in the interest of public health, safety and general
welfare, to adopt and promulgate rules and regulations to interpret
and implement the provisions of this code, in order to secure the
intent thereof and to designate requirements applicable because of
local climatic or other conditions. Such rules and regulations shall
not have the effect of waiving requirements specifically provided
for in this code or of violating accepted engineering practices involving
the purpose of this code.
[Ord. No. 4965 §1, 1-17-2006]
A.Â
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.Â
Notices Of Violations. When the City determines that a violation
of this code exists, a Director shall notify the violator. The notification
shall be in writing and shall be delivered to the violator or mailed
to his last known address via first class mail postage prepaid. Any
person having been notified that a violation exists and who fails
to abate the violation within ten (10) days after notification shall
be subject to the penalties enumerated herein.
C.Â
Prosecution Of Violation. If the violator does not abate
the violation promptly, the Director shall request the City to institute
the appropriate proceeding at law or in equity to restrain, correct
or abate such violation.
D.Â
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 stormwater
pollution prevention plan or any directive of the City or of a permit
or certificate issued under the provisions of this code or shall start
any work requiring a permit without first obtaining a permit therefore
or who shall continue any work in or about a structure after having
been served a stop work order, except for such work which that person,
firm or corporation has been directed to perform to remove a violation
or unsafe conditions, or any owner of a property or any other person
who commits, takes part or assists in any violation of this code or
who maintains any property on which such violation shall exist shall
be guilty of a misdemeanor punishable by a fine of not more than one
thousand dollars ($1,000.00) or by imprisonment not exceeding ninety
(90) days or both such fine and imprisonment. Each day that a violation
continues shall be deemed a separate offense.
E.Â
No Permit Penalty. In addition to the penalties set out
above, the following procedure shall be followed where the City determines
that work has been started prior to the acquisition of a permit required
by this code:
1.Â
The
department shall issue a stop work order.
2.Â
The
department Director shall notify the violator of his/her assessment
regarding the appropriate penalty amount to be assessed against the
violator, which shall not exceed one thousand dollars ($1,000.00)
for each day that work occurs without a permit. In making the assessment,
the department shall consider whether the violator has previously
violated this code and whether the occupation or experience of the
violator indicates that he/she knew or should have known that a permit
was required. In no case will a no permit penalty be assessed against
a property owner unless he/she actually performed the work involved.
3.Â
At the
violator's option, he/she may deposit the assessed penalty amount
in escrow (certified check or cash only) with the department without
waiving the violator's right to a hearing.
4.Â
No permit
penalties are appealable to the City Manager. The department may revise
its assessment upon notice to both the City Manager and the violator
at any time prior to the hearing. Likewise, at any time prior to the
hearing, the violator may accept and pay the recommended penalty amount
and the hearing will be canceled.
5.Â
At the
hearing before the City Manager, the City Manager shall afford both
the department and the alleged violator an opportunity to present
any evidence or make any statements they wish to have considered.
6.Â
Following
the hearing, the City Manager shall determine whether a permit was
required:
a.Â
If
the City Manager determines that a permit was required, an appropriate
penalty amount shall be assessed, taking into account the same considerations
as noted above. The stop work order shall remain in full force and
effect until such time as the penalty amount is paid and the violator
has complied with all other regulations pertaining to the issuance
of permits.
b.Â
If
the City Manager determines that no permit was required, the department
shall immediately cancel the stop work order.
F.Â
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.
G.Â
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 City may suspend or
revoke such permit.
H.Â
Stop Work Order. Upon notice from a department 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.
I.Â
Unlawful Continuance. Whenever a department finds that
any land disturbance activity is being prosecuted contrary to the
provisions of this code or in an unsafe and dangerous manner, the
owner or the person performing such activity shall immediately stop
such activity. The stop work order shall be in writing and shall be
given to the owner of the property involved or to the owner's agent
or to the person doing the work and shall state the conditions under
which work will be permitted to resume. Any person, who shall continue
any work in or about the property after having been served with a
stop work order, except such work as that person is directed to perform
to remove a violation or unsafe condition, shall be subject to penalties
as specified in this code.
[Ord. No. 4965 §1, 1-17-2006]
A.Â
Application For Appeal. Any person shall have the right
to appeal a decision of the department to the City Manager. An application
for appeal shall be based on a claim that the intent of this code
or the rules or regulations adopted there under have been incorrectly
interpreted or the provisions of this code do not apply.
B.Â
Filing Procedure. All appeals shall be filed in writing
with the City Manager. All appeals shall be filed within thirty (30)
days after the decision to be appealed is rendered by the departments
identified in this Section.
C.Â
Filing Fee. All appeals must be accompanied by a fee in
the amount of fifty dollars ($50.00).
D.Â
Notice Of Meeting. The City Manager shall meet within ten
(10) days of the filing of an appeal or at stated periodic meetings.
E.Â
Open Hearing. All hearings before the City Manager shall
be open to the public. The appellant the appellant's representative,
the department and any person whose interests are affected shall be
given an opportunity to be heard.
F.Â
Procedure. The City Manager shall adopt and make available
to the public procedures under which a hearing will be conducted.
The procedures shall not require compliance with strict rules of evidence
but shall mandate that only relevant information be received.
G.Â
Resolution. The decision of the City Manager shall be in
writing. Copies shall be furnished to the appellant and to the department.
H.Â
Administration. The applicable department shall take immediate
action in accordance with the decision of the City Manager.
I.Â
Court Review. A party adversely affected by a decision of
the City Manager may appeal to an appropriate court from such decision.
Application for review shall be made in the manner and time required
by law following the filing of the decision.
[Ord. No. 4965 §1, 1-17-2006]
B.Â
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 for any activities performed within
a right-of-way or with the Building Department for work on private
property.
C.Â
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 appropriate department.
D.Â
Building Permit And Related Ordinary Land Disturbance Activities. The Building Department may include ordinary land disturbance activities
associated with the construction of a building, structure or parking
lot authorized by a permit issued under the building code as an integrated
permit for the proposed construction.
E.Â
Limitation On Transfer Of Land Disturbance Permits. Any
person who buys land from a person who has been issued a land disturbance
permit under this code must obtain a separate land disturbance permit
from the City, except for the following:
1.Â
Major
land disturbance permits may be transferred to a new land owner provided
the original permit holder obtains the approval of the Department
of Public Works to retain responsibility for the land disturbance
activities on such property.
2.Â
Ordinary
land disturbance permits may be transferred to a new land owner provided
the original permit holder obtains the approval of the Department
of Public Works to retain responsibility for the land disturbance
activities on such property.
F.Â
Exceptions — Land Disturbance Permits Not Required. Land disturbance permits are not required for the activities identified
as items (a) and (g) in this Subsection, nor are such permits required
for the activities identified in items (b) through (f), provided the
activity does not alter or cause to be altered the present surface
of the ground:
1.Â
By any
cut or fill at the property line;
2.Â
By any
cut or fill that would permanently divert one drainage area to another
drainage area;
3.Â
By any
cut or fill which would deposit mud or harmful silt or create erosion
or damage to adjoining properties; or
4.Â
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.Â
Any
emergency activity that is immediately necessary for the protection
of life, property or natural resources.
b.Â
Existing
farming, nursery and agricultural operations conducted as a permitted
or accessory use.
c.Â
Land
disturbance activities involving less than thirty (30) cubic yards
of earth/soil moved and less than two thousand (2,000) square feet
of disturbed area provided the land disturbance activity is for the
improvement of the property. Erosion and sediment control measures
shall be provided, when necessary, until grass or other vegetation
is established or other approved means of ground cover means are used.
d.Â
Land
disturbance activities associated with additions to and accessory
structures for one- and two-family dwellings.
e.Â
Removal
of existing or dying grass or similar vegetation by disturbing not
more than ten thousand (10,000) square feet and resodding or reseeding
with new landscaping to include preparation of the seed bed; provided
erosion and sediment control measures are provided until the grass
or other vegetation is established. Any cut or fill in conjunction
with the preparation of the seed bed shall not exceed thirty (30)
cubic yards.
f.Â
Gardening
and similar activities on property occupied by one- or two-family
dwellings.
g.Â
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.
G.Â
State Of Missouri Permits Required. The permit applicant
must obtain a land disturbance permit from the State of Missouri Department
of Natural Resources for any site where one (1) acre or more of land
will be disturbed before beginning any site work authorized by a County
permit. This requirement applies to sites of less than one (1) acre
that are part of a proposed development that will ultimately disturb
one (1) acre or more.
[Ord. No. 4965 §1, 1-17-2006]
A.Â
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 City.
Applications for major land disturbance permits shall include proof
that proposed land disturbance and uses have received zoning approval
from the City.
B.Â
Stormwater Pollution Prevention Plan Required (SWPPP) For Major Land
Disturbance Permits: All applications for major land disturbance
permits shall be accompanied by a stormwater pollution prevention
plan prepared for the specific site by or under the direction of a
qualified professional. The application shall contain a statement
that any land clearing, construction or development involving the
movement of earth shall be in accordance with the stormwater pollution
prevention plan and the applicant will assume and acknowledge responsibility
for compliance with this code and the stormwater pollution prevention
plan at the site of the permitted activity.
C.Â
Required Site Development Escrows For Major Land Disturbance Permits. Applicants for major land disturbance permits shall file a site
development escrow in the form of a letter of credit or other improvement
security in an amount deemed sufficient by the issuing Director to
cover all costs of improvements, landscaping and maintenance of improvements
for such period as specified by the department. The site development
escrow shall include engineering and inspection costs sufficient to
cover the cost of failure or repair of improvements installed on the
site.
D.Â
Release Of Escrows — Project Closure. Any site development
escrow will not be fully released to the property owner, site operator
or permit holder until all of the following have been completed:
1.Â
All
temporary stormwater control Best Management Practices (BMP) have
been removed and the site has been fully stabilized.
2.Â
All
permanent stormwater control Best Management Practices (BMP) have
been completed.
3.Â
All
final inspections/certifications have been completed by each of the
government jurisdictions involved in authorizing the project.
[Ord. No. 4965 §1, 1-17-2006]
A.Â
Issuance Of Permits. Land disturbance permits shall not
be issued until the fees associated with the permit are paid to the
City.
B.Â
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 set forth in "Public Works and
Building Regulations." 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 any 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. The Department of
Public Works is authorized to establish the fee by determining the
plan review cost and estimating the total number of inspections required
when, in the opinion of the Department Director, the fee resulting
from this method more closely relates to the cost of enforcing the
requirements of this code.
[Ord. No. 4965 §1, 1-17-2006]
A.Â
Content — Stormwater Pollution Prevention Plan (SWPPP). The design requirements in this Chapter 421 shall be complied with when developing the Stormwater Pollution Prevention Plan and the plan shall include the following:
1.Â
Name,
address and telephone number of the site owner and the name, address
and telephone number of the individual who will be in overall responsible
charge of construction/development activities at the site.
2.Â
Site
address or location description and parcel identification number(s).
3.Â
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 flood plains, locations of temporary and permanent
Best Management Practices (BMP) and such other information as may
be required by the City.
4.Â
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.Â
A natural
resources map identifying soils, forest cover and resources protected
under other provisions of Richmond Heights ordinances.
6.Â
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.Â
Estimated
quantity of land to be disturbed.
8.Â
Details
of the site drainage pattern both before and after major land disturbance
activities.
9.Â
Access
to construction site.
10.Â
Description
of Best Management Practices (BMP) to be utilized to control erosion
and sedimentation during the period of land disturbance.
11.Â
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.Â
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.Â
Location
of temporary off-street parking and wash-down area for related vehicles.
14.Â
Sources
of off-site borrow material or spoil sites and all information relative
to haul routes, trucks and equipment.
15.Â
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.Â
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.Â
Seeding
mixtures and rates, types of sod, method of seed bed preparation,
expected seeding dates, type and rate of lime and fertilizer application
and kind and quantity of mulching for both temporary and permanent
vegetative control measures.
18.Â
Provisions
for maintenance of control facilities including easements and estimates
of the cost of maintenance.
19.Â
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.Â
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.Â
Required Plan Amendments — Stormwater Pollution Prevention
Plan (SWPPP). The permit holder shall amend the Stormwater
Pollution Prevention Plan whenever:
1.Â
Design,
operation or maintenance of Best Management Practices (BMP) is changed;
2.Â
Design
of the construction project is changed that could significantly affect
the quality of the stormwater discharges;
3.Â
Site
operator's inspections indicate deficiencies in the Stormwater Pollution
Prevention Plan (SWPPP) or any Best Management Practices (BMP);
4.Â
Inspections
by City or by the Missouri Department of Natural Resources indicate
deficiencies in the Stormwater Pollution Prevention Plan (SWPPP) or
any Best Management Practices (BMP);
5.Â
The
Stormwater Pollution Prevention Plan (SWPPP) is determined to be ineffective
in significantly minimizing or controlling erosion or excessive sediment
deposits in streams or lakes;
6.Â
The
Stormwater 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.Â
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.Â
Total
settleable solids from a stormwater outfall exceeds two and one-half
(2.5) ml/L/hr for any other outfall; or
9.Â
The
City or the Missouri Department of Natural Resources determines violations
of water quality standards may occur or have occurred.
C.Â
Permit Holder Responsibilities For Administration Of Stormwater Pollution
Prevention Plan (SWPPP). The permit holder shall:
1.Â
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 Stormwater 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.Â
Determine
the need for and establish training programs to ensure that all site
workers have been trained, at a minimum, in performing erosion control,
material handling and storage and housekeeping; will be trained accordingly;
3.Â
Provide
copies of the Stormwater Pollution Prevention Plan (SWPPP) to all
parties who are responsible for installation, operation or maintenance
of any Best Management Practices (BMP); and
4.Â
Maintain
a current copy of the Stormwater Pollution Prevention Plan (SWPPP)
on the site at all times.
[Ord. No. 4965 §1, 1-17-2006]
A.Â
Design. The design of erosion and settlement controls required
for land disturbance activities shall comply with the following minimum
requirements:
1.Â
Land
disturbance, erosion and sediment control practices and watercourse
crossings shall be adequate to prevent transportation of sediment
from the site.
2.Â
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.Â
Cut
and fill slopes shall be no greater than three to one (3:1) except
as approved by the City to meet other community or environmental objectives.
4.Â
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.Â
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.Â
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.Â
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 City
at the time of plan review for the issuance of a major land disturbance
permit.
B.Â
Erosion Control Design. Erosion control requirements shall
include the following:
1.Â
Soil
stabilization shall be completed within five (5) days of clearing
or inactivity in construction.
2.Â
If seeding
or another vegetative erosion control method is used, it shall become
established within two (2) weeks or the site shall be reseeded or
a non-vegetative option employed.
3.Â
Techniques
shall be employed to ensure stabilization on steep slopes and in drainage
ways.
4.Â
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.Â
The
entire site must be stabilized keep using a heavy mulch layer or another
method that does not require germination to control erosion, at the
close of the construction season.
6.Â
Techniques
shall be employed to prevent the blowing of dust or sediment from
the site.
7.Â
Techniques
shall be employed to divert upland runoff past disturbed slopes.
C.Â
Sediment Control Design. Sediment control requirements
shall include:
1.Â
Settling
basins, sediment traps or tanks and perimeter controls.
2.Â
Settling
basins shall be provided for each drainage area within ten (10) or
more acres disturbed at one time and shall be sized to contain five-tenths
(0.5) inch of sediment from the drainage area and be able to contain
a two (2) year, twenty-four (24) hour storm. If the provision of a
basin of this size is impractical, other similarly effective Best
Management Practices (BMP), as evaluated and specified in the Stormwater
Pollution Prevention Plan (SWPPP), shall be provided.
3.Â
Settling
basins shall be designed in a manner that allows adaptation to provide
long-term stormwater management as required by the City department(s)
having enforcement authority and responsibilities described this code.
4.Â
Settling
basins shall have stabilized spillways to minimize the potential for
erosion of the spillway or basin embankment.
5.Â
Protection
for adjacent properties by the use of a vegetated buffer strip in
combination with perimeter controls.
D.Â
Watercourse Design. Watercourse protection requirements
shall include:
1.Â
Encroachment
into or crossings of active water courses/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.Â
Stabilization
of any watercourse channels before, during and after any in-channel
work.
3.Â
If a
defined watercourse is to be realigned or reconfigured, clearing and
grubbing activities within fifty (50) feet of the watercourse shall
not begin until all materials and equipment necessary to protect the
watercourse and complete the work are on site. Once started, work
shall be completed as soon as possible. Areas within fifty (50) feet
of the watercourse shall be recontoured and revegetated, seeded or
otherwise protected within five (5) working days after land disturbance
activities have ceased.
4.Â
All
stormwater conveyances shall be designed according to the criteria
of the St. Louis Metropolitan Sewer District (MSD) and the necessary
MSD permits obtained.
5.Â
Stabilization
adequate to prevent erosion shall be provided at the outlets of all
pipes and paved channels.
E.Â
Construction Site Access Design. Construction site access
requirements for major land disturbance activities shall include:
1.Â
A temporary
access road provided at all land disturbance sites including a wash-down
area supporting all active sites.
2.Â
The
City 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.Â
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.Â
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.Â
Collection
and disposal of discarded building materials and other construction
site wastes, including those listed above.
3.Â
Litter
control.
4.Â
Control
of concrete truck washouts.
5.Â
Assurance
that on-site fueling facilities will adhere to applicable Federal
and State regulations concerning storage and dispensers.
6.Â
Provision
of sufficient temporary toilet facilities to serve the number of workers
on major land disturbance sites.
[Ord. No. 4965 §1, 1-17-2006]
A.Â
Inspections — General. The City shall make inspections
as herein required and shall either approve that portion of the work
completed or shall notify the permit holder wherein the work fails
to comply with the land disturbance, erosion and sediment control
plan as approved. Plans for land disturbance, stripping, excavating
and filling work bearing the stamp of approval of the City department
issuing the permit shall be maintained at the site during the progress
of the work. To obtain inspections, a permit holder shall notify the
appropriate department at least two (2) working days before the following:
B.Â
Extra Inspections. In addition to the inspections otherwise
required, the City 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 ready or accessible for inspection when requested.
C.Â
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 Stormwater Pollution Prevention Plan (SWPPP).
Inspections must be scheduled at least once per week and no later
than seventy-two (72) hours after heavy rain. The purpose of such
inspections will be to ensure proper installation, operation and maintenance
of Best Management Practices (BMP) and to determine the overall effectiveness
of the Stormwater Pollution Prevention Plan (SWPPP) and the need for
additional control measures. All inspections shall be documented in
written form on weekly reports with copies submitted to the appropriate
department at the time interval specified in the permit. Permit holder
inspection reports must include the following minimum information:
1.Â
Inspector's
name and signature;
2.Â
Date
of inspection;
3.Â
Observations
relative to the effectiveness of the Best Management Practices (BMP);
4.Â
Actions
taken or necessary to correct deficiencies; and
5.Â
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.
D.Â
Verification Of Permit Holder's Reports. The City may make extra inspections as deemed necessary to ensure the validity of the reports filed under Subsection (C) of this Section or to otherwise ensure proper installation, operation and maintenance of Stormwater Best Management Practices (BMP) and to determine the overall effectiveness of the Stormwater Pollution Prevention Plan (SWPPP) and the need for additional control measures.