[Ord. No. 1100 §I, 3-20-2006]
During the construction process, 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 necessitates 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.
The purpose of this Chapter is to safeguard persons, protect property and prevent damage to the environment in the City of Breckenridge Hills. This Chapter 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 the City of Breckenridge Hills.
[Ord. No. 1100 §II, 3-20-2006]
For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meanings given herein.
- BEST MANAGEMENT PRACTICES OR BMPS
- 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.
- Any activity that removes the vegetative surface cover.
- CONSTRUCTION OR LAND DISTURBANCE SITE OR SITE
- A parcel of land or a contiguous combination thereof where grading work is performed as part of a single unified plan of development.
- DRAINAGE WAY
- Any channel that conveys surface runoff through a site.
- The wearing away of land surface through the action of wind or water.
- EROSION CONTROL
- Any BMP that prevents or minimizes erosion.
- Reshaping the ground surface through excavation and/or fill of material, including the resulting conditions.
- LAND DISTURBANCE ACTIVITIES
- Any activity such as clearing, grading or any other action which results in removal of the natural site vegetation and destruction of the root zone or otherwise results in leaving the ground surface exposed to soil erosion through the action of wind or water.
- PERIMETER CONTROL
- 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 phases, with the stabilization of each phase substantially completed before the clearing of the next.
- RUNOFF COEFFICIENT
- The fraction of total rainfall that will appear at the outfalls from a site.
- SEDIMENT CONTROL
- Any BMP that prevents eroded sediment from leaving a site.
- SITE DISTURBANCE PERMIT
- A permit issued by the municipality authorizing disturbance of the land at a specific site subject to conditions stated in the permit.
- The use of BMPs that prevent exposed soil from eroding including improvements and structures for the control of erosion, runoff and grading.
- START OF CONSTRUCTION
- The first (1st) land disturbing activity associated with a development, including land preparation such as 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 such as garages.
- STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
- A management plan, the purpose of which is to ensure the design, implementation, management and maintenance of BMPs in order to reduce the amount of sediment and other pollutants in stormwater discharges associated with land disturbance activities, comply with the standards of the City and ensure compliance with the terms and conditions of the applicable State permits, including adherence to the land disturbance program contained in Missouri State issued MS4 NPDES permit.
- 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. 1100 §III, 3-20-2006]
Any person who intends to conduct any land disturbance activity that will disturb ten thousand (10,000) or more square feet must obtain a site disturbance permit from the City of Breckenridge Hills.
Any person who buys a lot for construction from a person who has been issued a permit under Subsection (A) above (unless purchased for the purpose of building their own private residence) must obtain a separate site disturbance permit from the City of Breckenridge Hills unless the original permittee retains responsibility for the land disturbance activities on the sold lot.
Each permit application shall bear the name(s) and address(es) of the owner or developer of the site and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm and shall be accompanied by a filing fee.
Each permit application shall be accompanied by a Storm Water Pollution Prevention Plan prepared for the specific site by or under the direction of a qualified professional and a statement that any land clearing, construction or development involving the movement of earth shall be in accordance with the Storm Water Pollution Prevention Plan.
The permit applicant will be required to file with the City of Breckenridge Hills a faithful performance bond, letter of credit or other improvement security in an amount deemed sufficient by the City of Breckenridge Hills to cover all costs of improvements, landscaping, maintenance of improvements for such period as specified by the City of Breckenridge Hills and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site.
The permit applicant will be required to obtain a land disturbance permit issued by the Missouri Department of Natural Resources for any site where one (1) acre or more of land will be disturbed, before beginning any site work authorized by a City permit. This requirement applies to sites of less than one (1) acre that are part of a larger common plan that will ultimately disturb one (1) acre or more.
[Ord. No. 1100 §IV, 3-20-2006]
The design requirements in Section 420.050 shall be taken into consideration when developing the Storm Water Pollution Prevention Plan and the plan shall include the following:
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.
Site address or location description.
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 temporary and permanent BMPs and such other information as the City Building Inspector may require.
Existing contours of the site and adjoining strips of off-site property and proposed contours after completion of the proposed grading 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, spreading and compacting.
A natural resources map identifying soils, forest cover and resources protected under other Chapters of the City of Breckenridge Hills City Code.
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.
Estimated grading quantity.
Details of the site drainage pattern both before and after major grading activities.
Construction access to site.
Description of BMPs to be utilized to control erosion and sedimentation during the period of land disturbance.
Description of BMPs 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.
Description of BMPs that will be installed during land disturbance to control pollutants in stormwater discharges that will occur after land disturbance activity has been completed.
Location of temporary off-street parking and wash-down area for related vehicles.
Sources of off-site borrow material or spoil sites and all information relative to haul routes, trucks and equipment.
The anticipated sequence of construction and land disturbance activities, including installation of BMPs, removal of temporary BMPs, stripping and clearing; rough grading; construction of 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.
All erosion and sediment control measures necessary to meet the objectives of this Chapter 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.
Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application and kind and quantity of mulching for both temporary and permanent vegetative control measures.
Provisions for maintenance of control facilities, including easements, and estimates of the cost of maintenance.
Plans for responding to any loss of contained sediment to include the immediate actions the permittee will take in case of a containment failure. This plan must include documentation of actions and mandatory reporting to the Department of Public Works.
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 BMPs are continually implemented and are effective.
The permittee shall amend the Storm Water Pollution Prevention Plan whenever:
Design, operation or maintenance of BMPs is changed;
Design of the construction project is changed that could significantly affect the quality of the stormwater discharges;
Site operator's inspections indicate deficiencies in the SWPPP or any BMP;
Inspections by the City or by the Missouri Department of Natural Resources indicate deficiencies in the SWPPP or any BMP;
The SWPPP is determined to be ineffective in significantly minimizing or controlling erosion or excessive sediment deposits in streams or lakes;
The 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;
Total settleable solids from a stormwater outfall exceeds one-half (0.5) ml/L/hr if the discharge is within the prescribed proximity of a "Valuable Resource Water" as defined by the MDNR;
Total settleable solids from a stormwater outfall exceeds two and one-half (2.5) ml/L/hr for any other outfall; or
The City of Breckenridge Hills or the Missouri Department of Natural Resources determines violations of water quality standards may occur or have occurred.
The permittee shall:
Notify all contractors and other entities (including utility crews, City employees or their agents) who will perform work at the site of the existence of the SWPPP and what actions or precautions shall be taken while on site to minimize the potential for erosion and the potential for damaging any BMP;
Determine the need for and establish training programs to ensure that all site workers have been trained, as a minimum, in erosion control, material handling and storage and housekeeping;
Provide copies of the SWPPP to all parties who are responsible for installation, operation or maintenance of any BMP; and
Maintain a current copy of the SWPPP on the site at all times.
[Ord. No. 1100 §V, 3-20-2006]
Grading, erosion control practices, sediment control practices and watercourse crossings shall be adequate to prevent transportation of sediment from the site to the satisfaction of the Department of Public Works.
Cut and fill slopes shall be no greater than 3:1, except as approved by the Department of Public Works to meet other community or environmental objectives.
Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted except when in compliance with all other Chapters of the City of Breckenridge Hills Code of Ordinances.
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 to the satisfaction of the Department of Public Works.
Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.
Phasing shall be required on all sites disturbing greater than thirty (30) acres, with the size of each phase to be established at plan review and as approved by the Department of Public Works.
Erosion control requirements shall include the following:
Soil stabilization shall be completed within five (5) days of clearing or inactivity in construction.
If seeding or another vegetative erosion control method is used, it shall become established within two (2) weeks or the Department of Public Works may require the site to be reseeded or a non-vegetative option employed.
Techniques shall be employed to ensure stabilization on steep slopes and in drainage ways.
Soil stockpiles must be stabilized or covered at the end of each workday.
The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season.
Techniques shall be employed to prevent the blowing of dust or sediment from the site.
Techniques shall be employed to divert upland runoff past disturbed slopes.
Sediment control requirements shall include:
Settling basins, sediment traps or tanks and perimeter controls.
Settling basins shall be provided for each drainage area with ten (10) or more acres disturbed at one (1) time and shall be sized to contain five-tenths (0.5) inch of sediment from the drainage area and be able to contain a 2-year, 24-hour storm. If the provision of a basin of this size is impractical, other similarly effective BMPs, as evaluated and specified the SWPPP, shall be provided.
Settling basins shall be designed in a manner that allows adaptation to provide long-term stormwater management as required by the Department of Public Works.
Settling basins shall have stabilized spillways to minimize the potential for erosion of the spillway or basin embankment.
Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls.
Watercourse protection requirements shall include:
Encroachment into or crossings of active watercourses/riparian areas and wetlands shall be avoided to the maximum extent practicable. Where applicable, all local, State and Federal permits and approvals shall be provided to the Department of Public Works prior to the issuance of a site disturbance permit.
Stabilization of any watercourse channels before, during and after any in-channel work.
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 grading has ceased.
All stormwater conveyances shall be designed according to the criteria of the Metropolitan St. Louis Sewer District (MSD) and the necessary MSD permits obtained.
Stabilization adequate to prevent erosion shall be provided at the outlets of all pipes and paved channels.
Construction site access requirements shall include:
A temporary access road provided at all sites including a wash-down area supporting all active sites,
Other measures required by Department of Public Works in order to ensure that sediment is not tracked onto public streets by construction vehicles or washed with wash effluent channeled directly into storm drains.
Control requirements for construction materials, construction wastes and other wastes generated on site shall include provisions, satisfactory to the Department of Public Works, for:
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.
Collection and disposal of discarded building materials and other construction site wastes, including those listed in Subsection (K)(1) above.
Control of concrete truck washouts.
Assurance that on-site fueling facilities will adhere to applicable Federal and State regulations concerning storage and dispensers.
Provision of sufficient temporary toilet facilities to serve the number of workers on site.
[Ord. No. 1100 §VI, 3-20-2006]
The Department of Public Works 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 grading, erosion and sediment control plan as approved. Plans for grading, stripping, excavating and filling work bearing the stamp of approval of the Department of Public Works shall be maintained at the site during the progress of the work. To obtain inspections, the permittee shall notify the Department of Public Works at least two (2) working days before the following:
The permittee or his/her agent shall make regular inspections of the land disturbance site, including 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 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 BMPs and to determine the overall effectiveness of the SWPPP and the need for additional control measures. All inspections shall be documented in written form on weekly reports with copies submitted to the Department of Public Works at the time interval specified in the permit. The inspection reports are to include the following minimum information:
The Department of Public Works shall make inspections as deemed necessary to ensure the validity of the reports filed under Subsection (B) or to otherwise ensure proper installation, operation and maintenance of stormwater BMPs and to determine the overall effectiveness of the SWPPP and the need for additional control measures.
[Ord. No. 1100 §VII, 3-20-2006]
Stop Work Order — Revocation Of Permit. In the event that any person holding a site disturbance permit pursuant to this Chapter violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the Department of Public Works may suspend or revoke the site disturbance 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 any of the provisions of this Chapter shall be deemed guilty of a misdemeanor 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. Upon conviction of any such violation, such person, partnership or corporation shall be punished by a fine of not more than five hundred dollars ($500.00) for each offense. In addition to any other penalty authorized by this Section, any person, partnership or corporation convicted of violating any of the provisions of this Chapter shall be required to bear the expense of such restoration.
Project Closure Requirements. Any site development escrows or bonds will be not be fully released to the site operator or permittee until all of the following have been completed:
Purpose. The purpose of this guidance manual is to provide direction to municipal officials and staff for implementing the provisions of municipal ordinances pertaining to regulation of land disturbance activities and related stormwater controls. This guidance will help promote efficient plan reviews and processing of permit applications so as to benefit the community and to ensure compliance with the terms of the City of Breckenridge Hills State issued MS4 NPDES permit. Certain requirements of Section 4.2.4 of the MS4 permit, as referenced below, are addressed within this guidance manual.
General Provisions. The Department of Public Works shall be responsible for enforcing the provisions of the Grading, Erosion and Sediment Control Ordinance No. 1100. The Department of Public Works shall review all permit applications submitted pursuant to that ordinance and shall issue permits with such conditions as deemed appropriate to enable compliance with the grading ordinance and other related ordinances. The Department shall conduct all required inspections of permitted sites and shall be responsible for initiating enforcement actions when violations are identified.
Persons who intend to disturb land within Breckenridge Hills will be reminded, at the time of initial contact with municipal officials, of the need to obtain a separate land disturbance permit from the Missouri Department of Natural Resources for any construction or land disturbance activity that will result in disturbance of one (1) acre or more of land. Persons intending to disturb such acreage must be informed that site work may not commence until the State permit has been obtained. Any municipal permit, for sites one (1) acre or above, will also contain this requirement as a permit condition.
Water Quality Considerations (See Section 188.8.131.52.4 Of The MS4 Permit). During review of site plans, Storm Water Pollution Prevention Plans (SWPPP) and other documents submitted as part of the permit application, Department staff shall consider the potential water quality impacts of the project both during the construction/land disturbance phase and after site development is fully complete. Department staff should consider the provisions within the Missouri Water Quality Standards, the Missouri Impaired Waters list (303(d) list), the Federal Endangered Species Act, the National Historic Preservation Act and proximity to water bodies identified by MDNR as "Valuable Resource Waters" (see attached listing). To the maximum extent practicable under State and local laws, the Department shall include such conditions in permits as are appropriate to prevent or minimize impacts on water quality. Department staff shall solicit comments or advice, when deemed appropriate, from the Missouri Department of Natural Resources, the Missouri Department of Conservation, the Soil and Water Conservation District and such other State and national regulatory bodies as may have expertise related to a specific project or area.
Public Inquiries/Complaints (See Section 184.108.40.206.5 Of The MS4 Permit). The Department of Public Works shall maintain a system for recording and tracking inquiries and complaints received from the public regarding proposed and active land disturbance sites within Breckenridge Hills. The following information shall be logged, on a standard form, for each inquiry/complaint:
Name, address and telephone number of the inquiring/complaining party;
Nature of inquiry/complaint, including all pertinent information related thereto; and
Follow up action. If an inspection is performed, all information regarding the date and time, inspector's name, findings and any mitigation or enforcement actions initiated shall be recorded.
Inspections/Reports (See Section 220.127.116.11.6 Of The MS4 Permit). The Department of Public Works shall inspect each permitted site at the frequency as necessary to insure compliance with this Chapter and to follow up on public inquiries/complaints or to follow up on previously identified deficiencies. The results of all inspections shall be recorded in written reports and maintained in the project file. Inspections shall be carried out in such a way as to determine whether the site operator is complying with all provisions of the City of Breckenridge Hills permit.
Department staff shall ensure receipt of all site operator notifications and site operator self- inspections as required by the permit. Staff shall take such follow up actions as may be deemed necessary based on the content of received notifications and reports.
Transfer Of Ownership — Individual Lot Or Lots. City of Breckenridge Hills ordinances require a permit, as well as controls for sediment, erosion and other construction site pollutants for disturbed areas of land in excess of twelve thousand (12,000) square feet disturbed as part of a common plan or sale. That language means the lot(s) when sold to an entity for construction (unless sold to an individual for purposes of building their own private residence) are also subject to ordinance requirements because they are part of the common sale. A current permittee who intends to transfer ownership of a lot or parcel of the overall permitted area is still responsible for the terms of the Breckenridge Hills permit and the SWPPP and erosion control on that site unless the new owner applies for and receives a separate permit for land disturbance activities. If the current permittee is to retain the permit and responsibility for control of sediment and other pollutants at the site, then the owner should obtain a copy of an Individual Lot Certification (ILC) from the lot owner(s). The ILC should be properly completed and signed and retained with the SWPPP.
Entire tract. If the entire tract is sold to a single entity, then the Breckenridge Hills permit shall be terminated and the new owner shall submit an application for a new permit immediately.
Reference Sources. The staff will provide every permit applicant with the following list of reference and guidance documents which may be employed in development of the SWPPP. For activities requiring State land disturbance permits, the first two (2) documents listed are considered mandatory references for all applicants.
"Storm Water Management for Construction Activities — Developing Pollution Prevention Plans and Best Management Practices" September 1992 — United State Environmental Protection Agency Office of Water, EPA 832-R-92-005.
"Protecting Water Quality — A field guide to erosion, sediment and stormwater best management practices for development sites in Missouri and Kansas" September 1998 — Prepared by the St. Charles County Soil and Water Conservation District, St. Charles, Missouri, the Dam and Reservoir Safety Program, Division of Geology and Land Survey, Missouri Department of Natural Resources, Rolla, Missouri.
"Urban Conservation Policy Handbook" June 1998 — The Mid-America Association of Conservation Districts, the Missouri Department of Natural Resources, the United States Environmental Protection Agency Region VII.
"Missouri Standards and Specifications for Highway Construction" 1999 or latest edition — Missouri Highways and Transportation Commission.
"Standard Construction Specifications for Sewers and Drainage Facilities" 2000 or latest edition — Metropolitan St. Louis Sewer District.
"Rules and Regulations and Engineering Design Requirements for Sanitary Sewage and Stormwater Drainage Facilities" February 1997 or latest edition — Metropolitan St. Louis Sewer District.
"Standards Specification for Highway Construction" — St. Louis County Department of Highways and Traffic.
"Design Criteria Book for the Preparation of Improvement Plans" March 1, 2000 (Stormwater Design 50.10 to 50.60) — St. Louis County Department of Highways and Traffic.
Listing Of Missouri Valuable Resource Waters. The Missouri Department of Natural Resources imposes additional requirements in State land disturbance permits for sites from which stormwater will discharge to "valuable resource waters". The following table identifies water bodies defined as "Valuable Resource Waters" in MDNR General Permit MO-R109000 and the distances from such water bodies within which additional permit requirements apply: