[Ord. No. 1320 §1, 2-17-2010]
The purpose of this regulation is to require certain construction-related
procedures and practices that will minimize erosion and prevent sediment
from entering the City's storm sewer system during land-disturbing
activities.
[Ord. No. 1320 §1, 2-17-2010]
The terms or phrases used in this regulation shall have the
meanings ascribed to them in the design manual. The terms and phrases
set forth below are not defined in the design manual and are, therefore,
defined as follows:
The City of Mission, Kansas.
Those provisions incorporated by reference from the document
captioned "Division 5100 Erosion and Sediment Control" approved and
adopted on August 13, 2003 and "Division II Construction and Material
Specifications Section 2150 Erosion and Sediment Control" approved
and adopted on May 21, 2008 published by the Kansas City Metropolitan
Chapter American Public Works Association.
The Director of Public Works or the Director's authorized
representative.
The process by which the ground surface is worn away by the
action of the wind, water, ice, gravity or artificial means.
Any activity that changes the physical conditions of land
form, vegetation and hydrology, creates bare soil or otherwise may
cause erosion or sedimentation. Such activities include, but are not
limited to, clearing, removal of vegetation, stripping, grading, grubbing,
excavating, filling, logging and storing of materials.
The permit issued by the Director and which authorizes the
LD permit holder to proceed with the land disturbing activities.
The person who is issued a LD permit.
Grass or other appropriate natural growing vegetation that
provides substantial land cover, erosion protection and soil stability
and that is capable of sustained and healthy growth over multiple
years under the constraints of shade, temperature and moisture that
will be prevalent on the site. For the purposes of this regulation,
annual grasses that do not regenerate after winter, ornamental plants
or shrubs that do not offer effective erosion and sediment protection
and plants that are not suitable for the expected growing conditions
on the site shall not be considered perennial vegetation.
Any individual, partnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity
and any other legal entity.
A person qualified to perform inspections of erosion and
sediment control measures. Qualified personnel includes a professional
engineer licensed in the State of Kansas or anyone who has obtained
one (1) of the following certifications: CCIS through Stormwater USA,
LLC; CISEC through CISEC, Inc; or CESSWI through EnviroCert International,
Inc. or equivalent qualifications approved in writing by the Director
as part of an approved Stormwater Pollution Prevention Plan or Erosion
and Sediment Control Plan.
This erosion and sediment control regulation for the City
of Mission, Kansas.
Any solid material, organic or inorganic, that has been deposited
in water, is in suspension in water, is being transported or has been
removed from its site of origin by wind, water, ice or gravity as
result of soil erosion. Sedimentation is the process by which eroded
material is transported and deposited by the action of wind, water,
ice or gravity.
The real property upon which the land-disturbing activity
is taking place.
An order issued which requires that some or all construction
activity on the site be stopped.
Any conveyance or system of conveyances for stormwater, including
roads with drainage systems, public streets, private streets, catch
basins, curbs, gutters, ditches, manmade channels or storm drains,
as well as any system that meets the definition of a Municipal Separate
Storm Sewer System or "MS4" as defined by the Environmental Protection
Agency in 40 CFR 122.26.
A plan required by the Kansas Department of Health and Environment
(KDHE) and for which contents are specified by the Kansas Water Pollution
Control General Permit and Authorization to Discharge Stormwater Runoff
From Construction Activities (General Permit No. S-MCST-0110-1). The
purpose of the Stormwater Pollution Prevention Plan is to help identify
the sources of pollution that affect the quality of storm water discharges
from a site and to describe and ensure the implementation of practices
to reduce pollutants in stormwater discharges and includes the erosion
and Sediment Control Plan as well as plans to prevent pollution from
other construction site sources such as, but not limited to, concrete
washout, litter and sanitary waste.
[Ord. No. 1320 §1, 2-17-2010]
A.
Unless
exempt, no person shall undertake any land-disturbing activity without
first obtaining a LD permit.
B.
No
person required to obtain a LD permit shall fail to make application
for such permit, fail to pay required fees, fail to comply with the
City's design manual or violate any of the requirements of this regulation.
C.
The
following shall be exempt from obtaining a LD permit:
1.
Work to correct or remedy emergencies, including situations that
pose an immediate danger to life or property, provided however, if
the Director determines that the situation was not an emergency, then
a LD permit may be required.
2.
Agricultural land uses, however, nothing in this regulation shall
relieve any person from complying with any applicable erosion and
sediment standards of the United States Department of Agriculture
Natural Resources Conservation Service or the requirements of the
Kansas Department of Health and Environment or other Federal or State
agency.
3.
Land-disturbing activities of less than one (1) acre. For purposes
of this regulation, land-disturbing activities that are part of a
larger, phased, staged or common plan of development shall be considered
a single site for purposes of calculating the disturbed area.
[Ord. No. 1320 §1, 2-17-2010]
A.
The
issuance of a LD permit is contingent upon compliance with this regulation
and all other City regulations, including the City's zoning and subdivision
regulations, fire code, building code and any other City requirements.
B.
Every
LD permit application shall be submitted to the City, on the City's
forms, which shall include the following minimum requirements:
1.
A site-specific Stormwater Pollution Prevention Plan that complies
with this regulation, the KDHE General Permit No. S-MCST-0701-1 and
the design manual;
2.
A site-specific grading plan that complies with the design manual
and any other applicable City regulations;
3.
A site-specific plan that complies with the design manual to provide
for the control of pollutants related to the land-disturbing activities
that might cause an adverse impact to water quality, including, but
not limited to, discarded building materials, concrete truck washout,
fuel, hydraulic fluids, chemicals, litter and sanitary wastes;
4.
Contact information for the applicant, the site's owner and the retained
qualified erosion control specialist who will perform the routine
inspections;
5.
Description of area to be disturbed;
6.
Proposed schedule of work and contemplated duration of land-disturbing
activities on the site;
7.
Proposed method of providing performance surety as required by this
regulation;
8.
Any LD permit fee as authorized by this regulation; and
9.
A copy of approved KDHE General Permit showing that the Stormwater
Pollution Prevention Plan meets the State of Kansas requirements.
10.
Upon an applicant's request, the Director may modify these requirements
to take into account any unusual circumstances or factors affecting
the work to be performed.
C.
The
LD permit application, Stormwater Pollution Prevention Plan and all
other technical LD permit requirements shall be prepared under the
supervision of and sealed by a professional engineer or landscape
architect licensed in the State of Kansas who has received a minimum
of eight (8) hours classroom instruction in erosion and sediment control
taught by a certified professional in erosion and sediment control,
certified by CPESC, Inc. or equivalent qualifications approved in
writing by the Director as part of an approved Stormwater Pollution
Prevention Plan or Erosion and Sediment Control Plan.
D.
It
shall be the duty of the permit holder to ensure that land-disturbing
activities authorized by the LD permit be undertaken according to
the approved plans and proposed schedule of work defined in the LD
permit application. Modifications to the approved plan or proposed
schedule of work that are not in compliance with the LD permit must
be resubmitted for approval. Minor modifications of the approved plan
or proposed schedule of work may be authorized by the Director without
formal review provided those modifications are consistent with the
design manual and standard industry practice. Failure to adhere to
the schedule or complete the work in accordance with the LD permit
shall be i) a violation of this regulation, ii) subject the LD permit
holder to additional fees defined in this regulation, and iii) may
result in the revocation of the LD permit and the issuance of a stop
work order.
E.
Every
LD permit shall have an expiration date established by the Director
which takes into consideration the nature, scope and any necessary
phasing of the work to be undertaken. Requests for LD permit extension
must be made to the Director prior to the expiration of the LD permit
and are subject to approval by the Director.
F.
Prior to the expiration of the LD permit, the LD permit holder shall obtain a satisfactory final City inspection and approval of the work undertaken pursuant to the LD permit to determine whether the work complies with the Stormwater Pollution Prevention Plan. Upon such satisfactory inspection and approval, the LD permit shall be deemed "closed" when the conditions set forth in Section 500.440 are met.
[Ord. No. 1320 §1, 2-17-2010]
A.
Maintenance Of Control Measures. All erosion and sediment
control measures set forth in the Stormwater Pollution Prevention
Plan shall be maintained in good order all times both during and after
construction.
B.
Routine Inspections. It shall be the duty of the LD permit
holder to provide routine inspections of the land-disturbing activities
and maintain effective erosion and sediment control measures throughout
the duration of the LD permit. Inspections shall be performed by a
qualified erosion control specialist at least once each week and within
twenty-four (24) hours following each rainfall event of one-half (.5)
an inch or more within any twenty-four (24) hour period. A log of
all inspections shall be kept during land-disturbing activities as
a part of the Stormwater Pollution Prevention Plan. Any deficiencies
shall be noted in a report of the inspection and the LD permit holder
shall correct such deficiencies within a reasonable time period not
to exceed three (3) days unless extended by the Director for good
cause shown.
C.
The
LD permit holder shall keep a copy of the most current Stormwater
Pollution Prevention Plan at the site until the LD permit is closed.
D.
The
LD permit holder shall notify the Director when construction of the
erosion and sediment control measures commence.
E.
A LD
permit shall not be closed until a final inspection and approval of
the site stabilization and restoration is issued by the City. A site
shall be considered stabilized and restored when perennial vegetation,
pavement, buildings or structures using permanent materials cover
seventy percent (70%) of the upstream tributary area found within
the area defined by the LD permit and as required by the Director.
All portions of the site using perennial vegetation for ground stabilization
shall be homogeneously covered with at least a seventy percent (70%)
vegetation density. Restoration includes the removal of all non-permanent
erosion and sediment control devices for the site. Final certification
of the restoration and stabilization of the site shall be submitted
for approval to the Director by the LD permit holder.
F.
A LD
permit conveys to the Director and the Director's designees the right
to enter upon property described in the LD permit as necessary to
enforce the provisions of this regulation.
[Ord. No. 1320 §1, 2-17-2010]
Performance under every LD permit shall be secured by an agreement
between the City and the owner of the site to provide for the installation
of the erosion and sediment control measures required by this regulation
and the design manual. The agreement shall provide, inter alia, for
an owner-provided performance surety that may be in the form of a
letter of credit, performance bond, cash escrow or other method which
provides adequate assurances to the City that the construction of
the erosion and sediment control measures required by this regulation
and the design manual are installed in a timely and workmanlike manner
and maintained throughout the duration of the project.
[Ord. No. 1320 §1, 2-17-2010]
For land disturbings that do not require a LD permit, the site
owner is not required to submit a site-specific Stormwater Pollution
Prevention Plan or pay a fee, but must comply with the guidelines
in the document "Erosion and Sediment Control Standards for Building
Construction that Disturbs Less Than One Acre for City of Mission,
Kansas" attached to this ordinance as Exhibit A and held on file in
the City's offices.
[Ord. No. 1320 §1, 2-17-2010]
Whenever the Director has cause to believe that there exists
in or upon any premises any condition which constitutes a violation
of this regulation, the Director is authorized to enter the premises
at reasonable times to inspect or to perform the duties imposed by
this regulation.
[Ord. No. 1320 §1, 2-18-2010]
Where land-disturbing activity appears to have temporarily or
permanently ceased on a portion of a site for fourteen (14) consecutive
days, all disturbed area shall be protected from erosion by stabilizing
the area with mulch or other similarly effective soil-stabilizing
BMPs. Where implementation of stabilization measures is precluded
by weather, snow cover or other reason beyond the LD permit holder's
control, the Director may allow the LD permit holder to delay the
implementation of such stabilization measures for a reasonable period.
[Ord. No. 1320 §1, 2-17-2010]
Prior to the issuance of LD permit for projects that disturb
one (1) acre or greater, each applicant shall pay a fee as set forth
by resolution of the Governing Body. Fees paid for a LD permit that
is subsequently revoked by the Director are not refundable. A person
undertaking work for a City improvement project shall not be required
to pay a fee.
[Ord. No. 1320 §1, 2-17-2010]
A.
The
person responsible for compliance with this regulation shall include,
jointly and severally:
1.
The owner of the site upon which a land-disturbing activity takes
place. When a LD permit is issued to a person, such person shall remain
responsible for land-disturbing activities notwithstanding a transfer
of the site unless the City approves, in writing, an assignment of
the person's obligations; and
2.
If the owner is not the LD permit holder, the person to whom a LD
permit is issued for a site upon which a land-disturbing activity
takes place is jointly and severally liable along with owner of the
site for compliance with this regulation; and
3.
Any person who undertakes any land-disturbing activity but fails
to ensure that a LD permit has been issued by the City for such land-disturbing
activity.
[Ord. No. 1320 §1, 2-17-2010]
The site described in a LD permit shall be maintained at all
times in compliance with the provisions of the Stormwater Pollution
Prevention Plan.
[Ord. No. 1320 §1, 2-17-2010]
A.
Any person violating any provision of this Article shall be punished as provided in Section 100.100 of the Mission City Code.
1.
In addition, any person who fails to provide and implement a Stormwater
Pollution Prevention Plan as required by this regulation may be ordered
by the Director to take remedial action on any site to prevent the
occurrence or recurrence of a violation of this regulation. Remedial
action shall include, but not be limited to, conformance to the requirements
of this regulation. When failed or absent erosion and sediment control
has resulted in mud, silt, gravel, dust or other debris entering into
the public right-of way, any drainage easement, alley or other property,
the remedial action required also shall include the restoration of
the area disturbed to a neat and presentable condition and the removal
of any debris or other pollutants caused by a failure to comply with
the design manual.
2.
Whenever the Director finds a violation of this regulation, the Director
may order the owner of the site and the LD permit holder to take action
within three (3) days after service of such order to comply with the
provisions of this regulation. Notice may be given in person, by mail,
including electronic mail, posting at the site, telephone, by facsimile
or by any other method reasonably calculated to provide notice.
[Ord. No. 1320 §1, 2-17-2010]
A.
In
addition to the enforcement provisions of this regulation, the Director
may issue a stop work order if the Director determines that work authorized
by a LD permit is in violation of this regulation or the Stormwater
Pollution Prevention Plan or if any one (1) or more of the following
conditions exist:
1.
Inspection by the Director reveals the site defined by the LD permit
is not in substantial compliance with the Stormwater Pollution Prevention
Plan as determined by the Director; or
2.
Failure to comply with a written order from the Director to bring
the site into compliance with the LD permit, correct a violation of
this regulation or restore a disturbed area within the time limits
defined by the Director; or
3.
Failure to pay any required fee; or
4.
Failure to submit reports in accordance with the design manual.
B.
If
a stop work order is issued by the Director, the Director shall order
and direct the site owner or the site owner's agent and any party
in possession of the site, including the contractor performing work
at the site, to immediately suspend work.
C.
A stop
work order shall be in writing, shall state the conditions under which
the work may be resumed and may be served upon a person to whom it
is directed by any reasonable method including by personal delivery,
by posting at the site or mailing a copy of the same to the address
identified within the LD permit application for the LD permit holder,
site owner or any party in possession of such property. If the Director
issues a stop work order, all persons shall cease all work on the
site, except work necessary to remedy the cause of the stop work order
as expressly authorized by the Director.
D.
It
shall be a violation of this regulation for a person to undertake,
allow, consent or permit another to undertake work upon a site subject
to a stop work order.
E.
If
the cause of a stop work order is not cured within a reasonable period,
the LD permit may be revoked by the Director and thereafter no person
shall continue any work described in the LD permit without first obtaining
a new LD permit and paying a new LD permit fee as required by this
regulation.
[Ord. No. 1320 §1, 2-17-2010]
The provisions of this regulation shall be effective on upon
their adoption by the City Council and publication in the official
City newspaper. A LD permit shall not be required for any land-disturbing
activities upon sites for which a valid City building permit, grading
permit or right-of-way construction permit has been issued prior to
the effective date. Any final plat or final site plan approved prior
to the effective date shall nonetheless be subject to this regulation
except for sites within such prior plat or site plan for which a building
permit, grading permit or right-of-way construction permit has been
issued prior to the effective date.
