[Ord. No. 31-2009 §1, 9-14-2009]
A.
No
person shall undertake any land disturbance activity or in any way
disturb the surface of one (1) acre or more of land, including projects
less than one (1) acre that are part of a larger common plan or development
or sale, except as otherwise provided by law or provided in this Section.
[Ord. No. 21-2020, 8-17-2020]
B.
No person shall engage in any land disturbance activity or by any action cause or permit any soil, earth, sand, gravel, rock, stone or other material to be deposited upon or to roll, flow or wash upon or over the premises of another in an unlawful manner without the express written consent of the owner of the premises affected. No person shall engage in any land disturbance activity or by any action in violation of Chapter 460 cause or permit any soil, earth, sand, gravel, rock, stone or other material to be deposited to roll, flow or wash upon or over any public street, street improvement, road, sewer, storm drain, watercourse, rights-of-way or any public property.
C.
No
person engaged in any land disturbance activity shall, when hauling
soil, earth, sand, gravel, rock, stone or other material over any
public street, road, alley or public property, allow those materials
to blow, spill or be tracked over and upon any street, road, alley
or public property or adjacent private property.
D.
This
Section shall apply to all land disturbance activities requiring a
permit within the City of Herculaneum, Missouri.
E.
No
person shall engage in any activity that would be in violation of
the regulations dictated by the Phase II Storm Water National Pollutant
Discharge Elimination System (NPDES) in accordance with the Clean
Water Act of 1972.
[Ord. No. 31-2009 §1, 9-14-2009]
A.
The
purpose of this Section is to protect and further the public interest
by regulating land disturbance, filling, stripping and soil storage
in connection with the clearing and grading of land for construction-related
or other purposes. With these regulations, the City will promote the
coexistence of the natural environment with planned development; assist
in the City's efforts to comply with the Phase II Stormwater National
Pollutant Discharge Elimination System (NPDES) regulations; provide
effective stormwater management; protect property from damage due
to flooding and erosion; improve water quality and reduce water pollution;
control construction site impacts on stormwater; prevent non-stormwater
discharges into the storm sewer system; protect natural stream assets
using buffer strips; and protect valuable natural water resources.
This includes protection of existing vegetation for use as buffer
strips. The City hereby recognizes that the nature of temporary construction
controls is time critical. Techniques and objectives are encouraged
by the City to promote coexistence of the natural environment and
planned development. It is also the purpose of this Section to encourage
responsible development and minimize the impacts of development. This
Section establishes substantive and procedural requirements to:
[Ord. No. 33-2021, 9-20-2021]
1.
Protect the water quality of the streams, rivers, lakes and drainage
areas within the City of Herculaneum. To be in compliance with the
Phase II Stormwater National Pollutant Discharge Elimination System
(NPDES) as mandated through the Clean Water Act, specific activities
must be undertaken and regulated by the City. This Section establishes
substantive and procedural and enforcement requirements for:
a.
Illicit discharge detection and elimination;
b.
Construction site stormwater runoff control;
c.
Post-construction stormwater management in new development and redevelopment
for projects one acre or greater.
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The Erosion and Sediment Control/Stormwater Management Design
Manual contains the activities and best management practices (BMPs)
required to fulfill these requirements.
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B.
Protect
and enhance the water quality of watercourses, water bodies and wetlands
by controlling erosion, sedimentation and related environmental damage
caused by construction-related or other activities; and
C.
Encourage
creative approaches to development, including low impact development
(LID), that are designed and implemented to be sensitive to the natural
environment thereby resulting in high quality development for those
who visit, reside and work in the City.
[Ord. No. 31-2009 §1, 9-14-2009]
In this Section, these words and phrases have the following
meanings:
A set of representational drawings or other documents for a site that contain the information and specifications required by the City to minimize off-site sedimentation from land disturbance activities. The approved plan constitutes a Storm Water Pollution Prevention Plan (SWPPP) required by Section 460.090 that has been approved by the City as complying with the provisions of this Section.
Any person who makes application for a land disturbance permit
as required by this Section.
A proposed plan of representational drawings and/or other
documents submitted for a land disturbance permit for a site. The
application may be an independent submittal or may be a part of another
development application or applications authorized by the City Code.
A sealed drawing or plan prepared and certified by a licensed
professional that depicts the actual dimensions and elevations of
the completed stormwater system and detention structures or facility.
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
stormwater, receiving waters or stormwater conveyance systems as defined
in The Erosion and Sediment Control/Stormwater Management Design Manual.
Best Management Practices (BMPs) also include treatment practices,
operating procedures and practices to control site runoff, spillage
or leaks, sludge or water disposal, or drainage from raw materials
storage.
[Ord. No. 21-2020, 8-17-2020]
An area closest to a sensitive environmental site (e.g.,
wetland, water body, etc.) in which certain human activities are limited
in order to minimize the negative impacts from adjacent land uses
(like erosion, pollutants in runoff, disturbance to wildlife) affecting
the sensitive environmental site.
A plan that identifies improvements made to the streamside
zone and/or outer zone of the buffer strip.
The individual appointed by the Mayor and Board of Aldermen
as a duly authorized representative.
Any act by which vegetative cover, structures or surface
material is removed including, but not limited to, root mass or topsoil
removal.
All applications required by the City Code as a prerequisite
to initiation of land disturbance.
Sewage originating primarily from kitchen, bathroom and laundry
sources, including waste from food preparation, dishwashing, garbage
grinding, toilets, baths, showers and sinks.
The process by which the ground surface is worn away by the
action of the wind, water, ice, gravity or artificial means and/or
land disturbance activities.
The erosion and sediment control and stormwater design criteria adopted in writing as authorized by Section 460.050 (C).
Any act by which soil is cut into, dug, quarried, uncovered,
removed, displaced, relocated or bulldozed and includes the conditions
that result from the act.
Any project on Federally owned land that involves land disturbance
or any project that involves land disturbance activity and is administered
by a Federal agency. Use of Federal funds does not necessarily qualify
an activity as a Federal project.
Any act by which soil is mechanically deposited, placed,
pushed, pulled or transported and includes the conditions that result
from that act.
The final grade or elevation of the ground surface conforming
to an approved plan.
The floodway and floodway fringe as identified by the Federal
Insurance Program through its Flood Insurance Rate Map for Herculaneum,
Missouri, dated April 5, 2006 and subsequent revisions.
The decaying animal and vegetable waste materials from the
handling, preparation, cooking, or consumption of food, including
waste materials from markets, storage facilities, and the handling
and sale of produce and other food products.
Any act by which soil is cleared, stripped, moved, leveled,
stockpiled or any combination thereof and includes the conditions
that result from the act.
Any material generated in a household (including single and
multiple residences) that would be classified as hazardous.
See "ILLICIT DISCHARGE" below.
Any discharge to the storm drainage system that is prohibited
under this document.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illicit discharge to enter the storm drainage system.
Any act other than those related to agricultural activity
by which soil is moved and land changed that may result in erosion
or the movement of sediments and may include tilling, clearing, grading,
excavating, stripping, stockpiling, filling and related activities
and the covering of land surfaces with an impermeable material. A
land disturbance permit is required when land is disturbed.
An individual who is duly licensed by the Missouri Board
of Architects, Professional Engineers and Professional Land Surveyors
to practice and seal land disturbance/stormwater management requirements
within their discipline.
A comprehensive technology-based approach to managing urban
stormwater. See Erosion and Sediment Control/Stormwater Management
Design Manual for guidance.
The use of those best management practices which, based on
sound engineering and hydrogeological principles, regulate and manage
erosion and sedimentation during and after development.
The land disturbance permit issued by the Building Official
authorizing land disturbance activities with the requirements of this
Section.
Any person to whom a land disturbance permit is issued pursuant
to this Section.
All privately or publicly owned ground, surfaces, structures
or systems that contribute to or convey stormwater including, but
not limited to, roofs, gutters, downspouts, lawns, driveways, pavement,
roads, streets, curbs, gutters, ditches, inlets, drains, catch basins,
pipes, tunnels, culverts, channels, detention basins, ponds, draws,
swales, streams and any ground surface.
Any person designated in the permit qualified as the person
in charge of on-site land disturbance activities or erosion and sediment
control associated with land disturbance activities; the responsible
personnel shall provide the City, as part of the permit issuance,
with a contact telephone number so that the City may reach such person
in the event the City desires to conduct an inspection of the site
at which land disturbance activities are underway.
Non-decaying solid waste, excluding ashes, that consist of
combustible waste materials including paper, rags, cartons, wood,
excelsior, furniture, rubber, plastics, yard trimmings, leaves, and
similar materials and non-combustible waste materials including glass,
crockery, tin cans, aluminum cans, metal furniture and similar materials
that do not burn at ordinary incinerator temperatures (sixteen hundred
degrees Fahrenheit (1600°F) to eighteen hundred degrees Fahrenheit
(1800°F)).
Soils or other earthen materials transported or deposited
by the action wind, water, ice, gravity or artificial means.
Any domestic sewage from holding tanks such as vessels, chemical
toilets, campers, trailers, septic tanks and aerated tanks.
Any lot or parcel of land or a series of lots or parcels
of land adjoining or contiguous or joined together under one (1) ownership
or that are part of a larger common plan or development or sale on
which land disturbance activity is proposed in an application.
[Ord. No. 21-2020, 8-17-2020]
The inclined surface of a fill, excavation or natural terrain
expressed as a ratio of horizontal distance to vertical distance.
The unconsolidated mineral and organic material (i.e., earth,
sand, gravel, rock or other similar material) on the immediate surface
of the earth that serves as a natural medium for the growth of land
plants.
Any project on State-owned land that involves land disturbance
activity or any project that involves land disturbance activity and
is administered by a State agency. Use of State funds does not necessarily
qualify an activity as a State project.
A plan outlining specific land disturbance activities at
a site and the design implementation management and maintenance of
"Best Management Practices" in order to prevent and reduce the amount
of sediment and other pollutants in stormwater discharges.
Any activity by which the vegetative cover is removed or
disturbed, including tree removal, clearing, grubbing and storage,
or removal of topsoil.
Any grasses, shrubs, trees and other vegetation that holds
and stabilizes soils.
Any natural or artificial watercourse associated with activities
regulated by this Section of the land disturbance and stormwater management
plan, including streams, rivers, creeks, ditches, channels, canals,
conduits, culverts, drains, waterways, gullies, ravines or washes
in which water flows in a definite direction or course, either continuously
or intermittently.
An area of land that water runs across or under on its way
to a stream or river that is located at the lowest point in the watershed.
Strategy that provides assessment and management information
for a geographically defined watershed or a subwatershed including
the analysis, actions, participants and resources related to developing
and implementing the plan.
Those areas that have a predominance of hydric soils and
that are saturated by surface or ground water a frequency and duration
sufficient to support, and that under the circumstances do support,
a prevalence of vegetation typically adapted for life in saturated
soil conditions. This does not include the following surface water
of the State intentionally constructed from sites that are not wetlands:
drainage ditches, grass-lined swales and landscaped amenities.
Leaves, grass clippings, tree limbs, brush, soil, rocks or
debris that result from landscaping, gardening, yard maintenance or
land clearing operations.
[Ord. No. 31-2009 §1, 9-14-2009]
A.
It
is the policy of the City that all land disturbance activity be performed
in a manner consistent with the requirements of this Section, except
as otherwise specifically provided, in a manner that promotes the
co-existence of the natural environment and quality, planned development,
effective stormwater management and responsible development.
1.
Regulations. The Building Official may prepare or
cause to be prepared and may recommend the adoption of regulations
necessary to implement this Section.
2.
Construction standards. The Building Official is
hereby authorized to prepare for adoption by the City construction
standards for erosion and sediment controls based upon sound engineering
judgment after conducting public hearings with an opportunity for
notice and comment as provided in Land Use Section of the Herculaneum
Municipal Code of Ordinances. Copies of any such construction standards
shall be available in the office of the Building Department two (2)
weeks prior to any public hearing at which they are to be considered
and such standards shall not become effective, except in an emergency,
until at least thirty (30) days after their adoption by the City.
3.
City's right to enter. In making an application
for a permit covered by this Section, the applicant or the landowner
performing or allowing the work shall cooperate with the City in the
processing and administering of the permits, including being reasonably
available for site inspections, so that the City may verify compliance
with the approved plan. If work is necessary to bring the site into
compliance with the approved plan prior to entering the site, the
City shall contact the applicant's responsible personnel or the landowner
and give them the opportunity to accompany the City personnel on any
site visit. Except in an emergency, the City shall give an applicant
or landowner at least twelve (12) hours' prior notice of any such
inspection.
[Ord. No. 31-2009 §1, 9-14-2009]
A.
The
City shall, by resolution, adopt the Jefferson County Erosion and
Sediment Control/Stormwater Management Design Manual. The Building
Official may recommend an existing manual to the City for adoption
or may prepare or have prepared an Erosion and Sediment Control/Stormwater
Management Design Manual and recommend its adoption by the City. The
Building Official shall maintain the Erosion and Sediment Control/Stormwater
Management Design Manual adopted by the County.
B.
Grading
erosion control practices sediment control practices and waterway
crossings shall comply with the erosion and sediment control stormwater
design criteria and shall be adequate to prevent erosion and the transportation
of sediment from the site to the maximum extent practicable. Cut and
fill slopes shall be no greater than 3:1, except where recommended
on an engineering soils report prepared by an engineer licensed in
the State of Missouri.
C.
Buffer Strips.
1.
Clearing and grading of natural resources, such as buffer strips
along designated natural streams, forests and wetlands, shall not
be permitted, except when in compliance with this Section and all
other Sections of this Code. Land disturbance activities with buffer
strips that retain natural vegetation and drainage patterns as described
in the Erosion and Sediment Control/Stormwater Design Manual are encouraged
by this Section. No land disturbance shall occur on any parcel of
land that is within or partially within a defined buffer strip unless
the land disturbance is in compliance with the provisions of this
Section.
2.
Land disturbance and development shall not occur in floodways, unless
allowed by a floodplain development permit as approved by the City.
3.
Land disturbance or development shall not occur along watercourses within fifty (50) feet from the top of the bank on first (1st) and second (2nd) order streams and one hundred (100) feet from the top of the bank on third (3rd) and higher order streams, wetlands and sinkholes, except as provided for in Section 460.050(D). This strip of land is called the buffer strip and consists of the area of land extending along a side of a stream. If a watershed plan has been developed for a watershed within City and accepted by the Board of Aldermen, unique conditions in that watershed may dictate the need for a wider buffer strip. In those cases, the recommendation for riparian buffer strips in the watershed plan will be the controlling factor.
4.
Buffer strips are divided into two (2) zones, the streamside zone
and the outer zone. The streamside zone is the area within twenty-five
(25) feet from the top of the bank on first (1st) and second (2nd)
order streams and fifty (50) feet from the top of the bank on third
(3rd) and higher order streams, wetlands and sinkholes. The outer
zone is the area outside of the streamside zone within fifty (50)
feet from the top of the bank on first (1st) and second (2nd) order
streams and one hundred (100) feet from the top of the bank on third
(3rd) and higher order streams, wetlands and sink holes.
5.
The natural conditions of a buffer strip should not be altered, except as allowed by this Section. The following activities are prohibited in a buffer strip, except with City approval granted in Section 460.050 (C)(7) or Section 460.050 (D):
a.
Any land disturbance activity, such as clearing, grading, stripping,
filling or dumping.
b.
Mowing.
c.
Storage or operation of motorized vehicles, except for maintenance
or emergencies.
d.
Septic tanks or drainfields.
e.
Structures and other impervious surfaces or cover.
f.
Stormwater retention or detention facilities.
g.
Housing, grazing or other maintenance of livestock.
h.
Riding of horses, except on existing trails.
6.
The following structures, practices and activities are allowed in
the streamside zone of a buffer strip, subject to meeting all other
Sections of this Code.
a.
Recreational uses such as walking, fishing, bird watching, unpaved
trails and greenways.
b.
Education and scientific research.
c.
Roads, bridges, paths and utilities, including crossings by transportation
facilities or utility lines, upon receiving all applicable Federal,
State and County permits and meeting the requirements of this Section.
d.
Stream restoration projects, facilities and activities approved by
the Missouri Department of Natural Resources and U.S. Army Corps of
Engineers.
e.
Water quality monitoring and stream gauges.
f.
Removal of individual trees in danger of falling, causing damage
to structures or blocking the stream.
g.
Temporary stream, stream bank and revegetation projects to restore
or enhance a buffer strip.
h.
Docks and boat launches approved by MoDNR and the City.
j.
Site investigation work necessary for land use applications
7.
The following structures, practices and activities are allowed in
the outer zone of a buffer strip, subject to meeting all other Sections
of this Code.
a.
All of the structures, practices and activities allowed in the streamside
zone.
b.
Existing and ongoing agricultural activities.
c.
Conservation uses, wildlife sanctuaries, nature preserves and passive
areas of parklands, such as campgrounds and picnic areas.
d.
Paved recreation trails.
e.
Excavation and fill activities required to plant new trees or vegetation.
f.
Stormwater management.
g.
Routine maintenance of landscaping
h.
Back yard area of a residential parcel meeting the requirements of Section 460.050(D)(2).
i.
Back yard area of a commercial parcel, only when no portion of the
buffer strip is impervious.
j.
Control of noxious weeds and invasive species.
8.
All subdivision plats, improvement plans, site development plans
and Storm Water Pollution Prevention Plan (SWPPP) shall show and label
the buffer strip on the property, provide a note that states there
shall be no clearing, grading, construction or disturbance of vegetation
except as permitted by ordinance and provide a note referencing a
protective covenant maintaining the buffer strip in common ground,
a drainage easement or a conservation easement referenced by book
and page, if possible, that restricts disturbance and use of the buffer
strip.
9.
Developments and other projects subject to City approval shall be designed so that a buffer strip has access for inspection, maintenance and stream-related construction activity allowed in Section 460.050(C)(6) and (C)(7) applicable to the development or project.
10.
Preservation of a buffer strip shall be maintained in perpetuity
and made the responsibility of the owner's association or property
owner.
D.
Buffer Strip Enhancement Plan.
1.
Clearing that is necessary to establish erosion and sediment control
devices or enable development of the site and establishment of Best
Management Practices (BMPs) such as detention and sediment basins
shall be installed in accordance with the Storm Water Pollution. Prevention
Plan (SWPPP).
2.
Residential land disturbance or development may occur, subject to
approval of a land disturbance permit, within the outer zone of a
buffer strip, upon submittal and approval by the City of a buffer
strip enhancement plan for improvement to the streamside zone or the
outer zone for encroachment of the outer zone. However, in no case
shall any land disturbance or development be within the streamside
zone of a buffer strip. The streamside zone shall be substantially
vegetated with native plant species and shall be maintained and made
to be preserved in native vegetation. Existing vegetated buffer strips
shall be preserved. Buffer strips that are not substantially vegetated,
or are subject to grading as part of the vegetation project or to
stabilize the soils, shall be enhanced to become substantially vegetated.
Use of plants, grasses and other vegetation native to Missouri are
encouraged. Buffer strip enhancement plan is to be designed by a licensed
professional. An applicant may, with permission from the City, encroach
within the stream buffer area provided the applicant is able to demonstrate
that the water quality and stream morphology will not be adversely
affected or adequate mitigation provided to offset such adverse affects.
Mitigation may include, but not be limited to, the following:
3.
The restoration or enhancement of a buffer strip shall not be used
as mitigation for another site. No off-site credits for on-site improvements.
The plan shall cover the entire buffer strip on the development site,
including the area within one hundred fifty (150) feet adjacent to
the buffer strip, and shall provide the following information:
a.
The delineation and labeling of the stream buffer including its streamside
zone and its outer zone.
b.
A location map showing the limits of the FEMA delineated 100-year
floodplain.
c.
Delineated streams, other water bodies, wetlands and sink holes on
the property and one hundred fifty (150) feet onto adjacent properties
in the buffer strip.
d.
The location and labeling of any activities or structures proposed
in and within one hundred fifty (150) feet of the buffer strip.
e.
The delineation of all areas steeper than 3:1 slopes with the percent
slope shown.
f.
Identify the areas where there shall be no clearing, grading, filling,
construction or disturbance of vegetation.
g.
Provide language for any conservation easements governing the buffer
strips.
4.
In addition to Section 460.050(D)(2), any reduced-width buffer strip shall be protected in perpetuity through the implementation of a legal mechanism such as a conservation easement. Physical mechanisms may also be necessary, such as implementation of an engineer's recommendation for a structural buffer to protect a slope or bank, installation of fencing, or protection of an upland area impacting the buffer strip.
5.
Upon request, the City may alter the outer boundary of the outer
zone of a buffer strip to allow for the presence of an existing structure
as long as the streamside zone is not altered by the narrowing and
no new structures are constructed in the buffer strip.
E.
Phasing
or revision of grading plans or revision of submitted and approved
grading plans, if necessary, shall be approved by the City.
F.
Erosion
control techniques include, but not be limited to, the following:
1.
Permanent or temporary stabilization shall be completed within seven
(7) calendar days on all perimeter dikes, swales, ditches, perimeter
slopes, and all slopes greater than 3 horizontal to 1 vertical (3:1);
embankments of ponds, basins and traps; and within fourteen (14) days
on all other disturbed or graded areas;
2.
If seeding or another vegetative erosion control is used, it shall
become established within two (2) weeks or the Building Official may
require the site to be reseeded or a non-vegetative option be employed;
3.
Special techniques that meet the erosion and sediment control design
criteria on steep slopes or in drainage ways to ensure stabilization;
4.
Stabilization of stockpiles as required under the applicable City
or Department of Natural Resources (DNR) permit for the development;
5.
The entire site must be stabilized, using a suitable mulch layer
or another method that does not require germination to control erosion,
at the close of the construction season or siltation control structures
or other suitable Best Management Practices (BMPs) provided for the
management of sediment control;
6.
Techniques shall be employed to prevent the blowing of dust or sediment
from the site; and
7.
Techniques that divert upland runoff past disturbed slopes and delivered
to a non-erosive outlet shall be employed.
G.
Sediment
control requirements include, but not be limited to:
1.
Settling basins, sediment traps or tanks and perimeter controls;
2.
Settling basins that are designed in a manner that allows adaptation
to provide long-term stormwater management, if required by the Building
Official; and
3.
Protection for adjacent properties and waterways by the use of vegetated
buffer strip in combination with perimeter controls.
H.
Watercourse
or drainage way protection requirements shall include, but not be
limited to:
1.
A temporary stream crossing, approved by the Building Official, shall
be installed if a wet watercourse will be crossed regularly during
construction, but only if the Building Official determines that the
stream crossing will not cause flooding of adjacent property;
2.
Stabilization of the watercourse channel before, during and after
any in-channel work;
3.
All on-site stormwater conveyance channels shall be designed according
to the erosion and sediment control design criteria; and
4.
Stabilization to prevent erosion at the outlets of all pipes and
paved channels.
I.
Construction
site access requirements shall include, but not be limited to, temporary
rock access road provided at all sites; or other measures required
by the Building Official to ensure that sediment is not tracked onto
streets by construction vehicles or washed into storm drains.
[Ord. No. 31-2009 §1, 9-14-2009]
A.
No
person shall release or cause to be released into the storm drainage
system any discharge that is not composed entirely of uncontaminated
stormwater, except as allowed under a National Pollutant Discharge
Elimination System (NPDES) permit, the Department of Natural Resources
(DNR) or this Code. Common stormwater contaminants include trash,
yard waste, lawn chemicals, pet waste, wastewater, oil, petroleum
products, cleaning products, paint products, hazardous waste and sediment.
B.
No
person shall construct, use, maintain or have continued existence
of illicit connections to the storm drain system. This includes, without
limitation, illicit connections made in the past, regardless of whether
the connection was permissible under law or practices applicable or
prevailing at the time of connection.
C.
No
person shall connect a line conveying sanitary sewage, domestic sewage
or industrial waste, including connections of a commercial water filtration
or water softener, to the storm drainage system.
D.
No
person shall maliciously destroy or interfere with Best Management
Practices (BMPs) implemented pursuant to this document.
E.
No
person shall throw, place or deposit in any stream, creek, lake, pond
or river within the City limits any matter or thing liable to impede,
impair or pollute the water therein or to build, place, throw or deposit
on or along the banks thereof any structure or any matter or thing
of any description liable to decay and produce any noxious gases or
effluvia calculated to pollute or obstruct any of such waters in the
City of Herculaneum.
F.
No
owner or occupant of any lot, tract or parcel of land within the City
limits will have a collection of water (excluding goldfish ponds,
ponds or lakes) or shall remove any earth or soil from such lot, tract
or parcel of land so as to cause water to collect therein and become
stagnant, unclean, offensive or injurious to the individual, public
health or the environment.
G.
No
person shall stockpile any manure in the City in a floodplain or floodway
nor dump any manure to include, but not limited to, human, livestock
or pet waste into any waterway or water body of the City of Herculaneum.
H.
The
City of Herculaneum shall have the right of entry to any lot, tract
or parcel of land by any of the inspectors or designee of the Building
Official for the purpose of inspection of an illicit discharge. The
City has the right to enter a Department of Natural Resources (DNR)
permitted facility in the event of an overflow, obvious by-pass such
as, but not limited to, the by-pass of the sand filter, direct discharge,
etc. The City has the right to make suggestions or recommendations
and if the problem is of a serious nature that produces an immediate
risk to the health of the residents of the City, the property of the
residents of the City and any risk to the environment, the City can
require on the spot corrections to fix the problem. All corrections
shall still be made in accordance to Missouri Department of Natural
Resources (DNR) regulations and/or the City suggestions.
I.
It
shall be unlawful for any person, firm or corporation to cause or
permit any sewage to be deposited, dumped, discharged or drained on
the surface or subsurface of the ground or about any public right-of-way
or ditch within the City, except as allowed under a National Pollutant
Discharge Elimination System (NPDES) permit, the Department of Natural
Resources (DNR) or this Code. For the purpose of this Section, "sewage" is defined as any substance that contains any
of the waste products or other discharges from the bodies of human
beings or animals or chemical or other wastes from domestic, manufacturing
or other forms of industry. Such definition shall include, but not
be limited to, the discharge from laundry operations, both domestic
and institutional.
J.
No
well or cistern shall be left open or insecurely covered within City
of Herculaneum. These must be closed in accordance with Missouri Department
of Natural Resources regulations.
K.
It
shall be unlawful for the owner or occupant of any residence, institution,
professional, commercial or business establishment, or for contractors
or builders engaged in construction or remodeling projects, to deposit
or accumulate refuse in or upon any lot, parcel of land, public or
private drive, alley, street, creek, dry creek or any part of the
City's stormwater system, natural or manmade, or other place in the
City, except in an approved containment device or except as allowed
under a National Pollutant Discharge Elimination System (NPDES) permit,
the Department of Natural Resources (DNR) or this Code. No person
shall permit or allow any refuse in his or her yard or upon the premises
occupied by him or her or to throw or deposit any refuse upon the
premises of any other person or upon any of the streets, alleys or
other public places in the City.
[Ord. No. 31-2009 §1, 9-14-2009]
A.
Permit Required. No person may engage in any land disturbance
activity, including persons engaged in land disturbance activity related
to utility installation or maintenance, without first obtaining a
land disturbance permit from the City, except as provided in this
Section.
B.
Other Construction Permits Delayed. When a person is developing
a site and a permit is required in accordance with this Section, no
other construction permits shall be issued to make improvements on
that site until the person has secured a land disturbance permit for
the same site, unless such permits are unrelated to land disturbance
activity. This includes permits issued by any other City, State or
Federal agency.
C.
Exemptions. A permit is not required under this Section
for the following:
1.
Any land disturbance activity that disturbs or will, in the course
of the subject development, disturb less than fifty (50) square feet
of surface area. This does not preclude preventive measures that need
to be taken to prevent an increase in site erosion, water runoff,
siltation or other drainage to neighboring properties. Where it is
determined that erosion measures are not being taken, the Building
Official may revoke application of this exemption to subject site.
2.
All land farming operations, including plowing or tilling of land
for the purpose of crop production or the harvesting of agricultural
crops on land except where such activity may adversely affect aquatic
life or water quality. If an owner or any entity in which the owner
has a controlling interest has cleared or disturbed for an exempt
purpose, that owner may not develop the site for a two (2) year period
following the clearing or land disturbance activity.
3.
Any activity that is immediately necessary for the protection of
life, property, public health or safety or natural resources.
4.
On-going sludge drying and storage activities by water and sewer
authorities at the treatment plant site under Missouri Department
of Natural Resources (DNR) operation permit.
The Building Official encourages the use of best management
practices for sediment and erosion control techniques on all disturbed
sites including above exceptions.
D.
Application. To obtain a permit for land disturbance activity, the owner of the land, the holder of an access easement, an owner under contract, or the site owner's authorized representative must submit a complete application, in writing, upon forms furnished by the City. The application shall be in accordance with the permit submission requirements delineated in Section 460.070. A land disturbance permit must be issued in the name of the current property owner.
E.
Fee. Before issuance of a permit, the applicant shall pay
a fee to cover the cost of administration, plan review, inspection
services and any other costs associated with the permit process. The
fee shall be as set by the Board of Aldermen and shall be paid to
the City with the application.
F.
Review And Approval. The Building Official will review each
application to determine its conformance with the provisions of this
Section and the erosion and sediment control stormwater design criteria
authorized hereby. The Building Official shall, in writing:
1.
Approve the permit application and the Storm Water Pollution Prevention Plan (SWPPP) required by Section 460.090, if the application complies with all the requirements of this Section and the Building Official determines that best management practices will be employed to control erosion and sedimentation to the maximum extent practicable; or
2.
Approve the permit application and the Storm Water Pollution Prevention Plan (SWPPP) required by Section 460.090 subject to conditions, as herein authorized, as may be reasonably necessary to secure the objectives of this Section, prevent the creation of a nuisance or an unreasonable hazard to persons or to public or private property and issue the permit subject to these conditions; or
3.
Disapprove the permit application and the Storm Water Pollution Prevention Plan (SWPPP) required by Section 460.090 indicating, in writing, the reason(s) therefore. Approval of permit application and Storm Water Pollution Prevention Plan (SWPPP) does not alleviate the owner of responsibilities delineated in this Chapter.
G.
Conditions Of Approval. In approving the issuance of any
permit, the Building Official may impose any conditions as may be
reasonably necessary to secure the objectives of this Chapter and/or
prevent the creation of a nuisance or unreasonable hazard to persons
or to public or private property. All permits shall include these
conditions:
1.
The granting (or securing from others) and the recording in the Recorder
of Deeds office of easements for drainage facilities on the property
of others and for the maintenance of slopes or erosion control facilities;
2.
Adequate control of dust by watering or other control methods acceptable
to the Building Official;
3.
Improvements of any existing grading, ground surface or drainage
condition on the site (not to exceed the area as proposed for work
or development in the application) to meet the standards required
under this Section for land disturbance, drainage and erosion control;
4.
Installation of sediment tapes and basins if determined by the Building
Official;
5.
In the proximity of a school, playground or other areas where children
may congregate without adult supervision, the installation of additional
safety-related devices if determined by the Building Official.
H.
Modification Of Plan.
1.
Modifications of the approved plan must be submitted to the City
and shall be reprocessed in the same manner as the original Storm
Water Pollution Prevention Plan (SWPPP), where:
a.
Field inspection or evaluation has revealed the inadequacy of the
approved land to accomplish its erosion and sediment control objectives;
or
b.
The person responsible for carrying out the approved plan finds that,
because of changed circumstances or for other reasons, the approved
plan cannot be effectively carried out.
2.
In emergency situations, the Building Official may require the installation
of interim erosion and sediment control stormwater control measures
to protect stream channels, other properties or the general public
from damage that will remain in effect until modifications or revisions
to the plan are approved and implemented.
3.
Field modifications of a minor nature that are consistent with the
criteria of this Section may be made without authorization, provided
the Building Official is notified of such changes within forty eight
(48) hours of implementation.
I.
Assignment Or Transfer.
1.
If the permittee sells the property before the termination of the
permit, a new permit will be issued for the new owner of the site,
upon application therefore, provided the original permittee is not
in violation of any City code, ordinance or regulation.
2.
If the permittee sells any portion of the property before the termination
of the permit, the permittee will remain responsible for that portion
of the property until the new owner of the property obtains a permit
in compliance with City requirements.
3.
A new owner disturbing property covered by an approved plan for which
a completion certificate has not been issued shall obtain a land disturbance
permit before engaging in further land disturbance activities as required
by this Section.
J.
Termination Or Transfer Upon Completion. The permit shall
be valid from the time that it is issued until the site is permanently
stabilized and erosion and sediment control measures are in effect
or the property is transferred to a new permittee as provided hereinabove.
The site will be considered stabilized when either perennial vegetation,
pavement, buildings, or structures, using permanent materials, cover
all areas that have been disturbed and all temporary erosion and sediment
control measures have been cleaned out and removed. To terminate the
permit, the permittee shall submit a written request to the City provided
a new permit has been issued in the name of the new permittee. The
City will perform a final inspection of the site to evaluate the completion
of the measures specified in the permit.
[Ord. No. 31-2009 §1, 9-14-2009]
A.
The following information shall be submitted to the Building Official as a part of the application for a land disturbance permit as required by Section 460.060:
5.
The permit fee as set forth in Section 460.060(E);
B.
Plans
submitted in accordance with items 460.070(A)(7) and (A)(8) must be
prepared and certified by a licensed professional or by someone who
has successfully completed certification requirements from a nationally
recognized organization that specializes in soil and erosion control,
with such certification to be based upon preparation, knowledge and
experience, passage of an examination showing proficiency in the principles
and practices of erosion and sediment control, as well as a peer reviewed
application stating the candidate's education and years of experience
working in the industry. The certification must require continuing
education credits to maintain the certification and the professional
must certify as part of his report that he has maintained such credits
to date. The program must be approved by the City.
C.
The
City may require any additional information or data deemed appropriate
and/or may impose conditions thereto as the Building Official may
deem necessary to ensure compliance with the provisions of this Section
to preserve public health and safety.
D.
The
Building Official may waive the requirements for site maps, plans,
reports or drawings, if the Building Official finds that the information
on the application and supporting information is sufficient to show
that the proposed work will conform to the requirements of this Section.
E.
The
applicant is bound by information submitted and by this Section.
[Ord. No. 31-2009 §1, 9-14-2009]
A.
Subject to Section 460.070(A), as a part of each application, the applicant shall submit a site map that contains all of the information specified in the Erosion and Sediment Control/ Stormwater Management Manual required by Section 460.050(C) of this Section:
1.
An attached vicinity map showing the location of the site in relation
to the surrounding area's watercourses and water bodies within one
hundred (100) feet, other geographic and natural features, and street
and other structures;
2.
Existing and proposed topography of the entire site with contour
lines drawn with an interval in accordance with the following table:
|
|
Ground Slope
|
|---|---|
|
Flat: 0 — 30%
Steep: 30%+
|
|
Contour Interval
| |
|---|---|
|
2 feet
5 feet
|
|
For minor subdivisions (2 — 4 lots), U.S.G.S. data may
be used for existing topography for purposes of the land disturbance
permit.
|
3.
Drainage areas within one hundred (100) feet;
4.
Site's property lines shown in true location with respect to the
plan's topographic information;
5.
Location and graphic representation of all existing and proposed
drainage facilities (natural and manmade) and to which watershed(s)
the drainage occurs;
6.
Location, graphic representation and legend with a general description
of each soil type as described in the "Soil Summary of Jefferson County,
Missouri, United States Department of Agriculture, Natural Resources
Conservation Service" using Table 12 "Building Site Development" and
Table 13 "Sanitary Facilities";
7.
Location of buffer strips delineating both streamside zone and the outer zone as defined in Section 460.050(C);
8.
Delineation of any above grade natural or artificial water storage
areas, detention areas and drainage ditches on the site and a copy
of the 404 permit or a statement of no permit required;
9.
Delineation of any drainage, sanitary, utility or other easement(s)
on or near the site;
10.
Delineation of the 100-year floodplain and floodway on the site;
or a statement that there are no such floodplains located on the property;
11.
Location and graphic representation of proposed excavations and fills,
of on-site storage of soil and other earthen material, and, prior
to hauling, the location of off-premises disposal site;
12.
Location and general description of vegetation cover to be left undisturbed;
13.
Location of existing surface runoff and erosion and sediment control
measures;
14.
Location of any water wells and on-site septic systems;
15.
Location and size of any sink holes;
16.
Quantity of soil in cubic yards to be disposed off site;
17.
Proposed sequence of excavation, filling and soil or earthen material
storage and disposal; and
18.
The signature of a licensed professional.
[Ord. No. 31-2009 §1, 9-14-2009]
Subject to Section 460.070(A), as a part of each application, an applicant shall submit a Storm Water Pollution Prevention Plan (SWPPP) that is drawn to an appropriate engineering scale and that includes sufficient information to evaluate the environmental characteristics of the affected area, to assess the potential impacts of the proposed land disturbance on water resources and identify proposed methods to minimize on-site soil erosion and prevent off-site sedimentation to the maximum extent practicable, including disturbance of topsoil and limitation on disturbance and areas preserved as buffer strips designated to protect drainage courses. The Storm Water Pollution Prevention Plan (SWPPP) shall contain all the information specified herein and meet all the erosion and sediment control design criteria established pursuant to Section 460.050 of this Section.
[Ord. No. 31-2009 §1, 9-14-2009]
A.
The
following items shall be submitted in support of an application for
a land disturbance permit:
1.
An identification of the areas on the site to be protected from disturbance
and the methods of the protection.
2.
Applicable State and Federal permits applied for or obtained.
3.
A description of, and the specification for, the measures to be undertaken
to retain sediment on the site, including, but not limited to, designs
and specification for berms and sediment detention facilities, and
a schedule for maintenance and upkeep.
4.
A description of, and specifications for, the measures undertaken
to reduce surface runoff and control erosion, including, but not limited
to, types and methods of applying mulches, designs and specifications
for diverters, dikes and drains, and a schedule for their maintenance
and upkeep.
5.
A description of the temporary and permanent vegetative measures
to be used, including seeding mixtures and rates, types of sod, method
of seedbed preparation, expected seeding dates, types and rates of
lime and fertilizer application, kind and quantity of mulching, the
type, location and extent of pre-existing undisturbed vegetation types
and vegetation to remain, including buffer strips, and a schedule
for maintenance and upkeep.
6.
Alternative methods of stabilizing the site when either seeding is
not performed in accordance with the work schedule or is performed
and is not effective.
7.
The location and description, including design details, of temporary
and permanent erosion, surface runoff and sediment control measures
and structures or show in a typical format with proposed locations
on the plan.
8.
The maximum surface runoff from the site calculated using the best
available information and sound engineering principles.
9.
The sediment yield calculated using the best available information
and sound engineering principles.
10.
The estimated duration of the permit, defined as the time for the
inception of the land disturbance until concluded and the site stabilized.
11.
A statement noting that the contractor, developer and owner shall request the City to inspect and approve work completed in accordance with the approved plan and in accordance with this Section. The contractor, developer or owner shall be required to obtain written approval by the City at the stages of development as outlined in Section 460.150(D).
12.
The storm drainage system including quantities of flow and site conditions
around all points of surface water discharge from the site.
13.
The details of temporary and permanent stabilization measures, including
a construction note on the plan stating: "Following initial soil disturbance
or redisturbance, permanent or temporary stabilization shall be completed
within seven (7) calendar days on all perimeter dikes, swales, ditches,
perimeter slopes and all slopes greater than 3 horizontal to 1 vertical
(3:1); embankments of ponds, basins and traps; and within fourteen
(14) days on all other disturbed or graded areas." This requirement
does not apply to those areas that are shown on the plan and are currently
being used for material storage or for those areas on which actual
construction activities are currently being performed.
[Ord. No. 31-2009 §1, 9-14-2009]
A.
Subject to Section 460.070(A), the applicant shall submit a chronological construction schedule and approximate time frames for each activity specified herein and in the Erosion and Sediment Control/Stormwater Management Manual required by Section 460.050 of this Section:
1.
Clearing and grubbing for those areas necessary for installation
of perimeter erosion control devices;
2.
Construction of perimeter erosion and sediment control devices;
3.
Remaining interior site clearing and grubbing;
4.
Installation of permanent and temporary stabilization measures;
5.
Grading for the site;
6.
Utility installation and statement of whether storm drains will be
used or blocked during construction;
7.
Building, parking lot and site construction if part of the land disturbance
activities;
8.
Final grading, landscaping or stabilization;
9.
Implementation and maintenance of final erosion control structures;
and
10.
Removal of temporary erosion control devices.
[Ord. No. 31-2009 §1, 9-14-2009]
A.
When the City determines that because of soil types and the need to protect against erosion or other hazards, the applicant shall submit a soils engineering report, subject to Section 460.070(A). The report shall be based on adequate and necessary test borings and shall contain all the information listed below. Recommendations included in the report and approved by the City shall be incorporated in the Storm Water Pollution Prevention Plan (SWPPP). The report shall include:
1.
Data regarding the nature, distribution, strength and erodibility
of existing soils.
2.
If applicable, data regarding the nature, distribution, strength
and erodibility of soil to be placed on the site.
3.
Conclusions and recommendations for grading procedures.
4.
Conclusions and recommended designs for interim soil stabilization
devices and measures and for permanent soil stabilization after construction
is completed.
5.
Design criteria for corrective measures when necessary.
6.
Opinions and recommendations covering the stability of the site.
[Ord. No. 31-2009 §1, 9-14-2009]
A.
When the City determines that, subject to Section 460.070(A), additional information is required on properties to protect against landslides, faults or other geological hazards, the applicant shall submit an engineering geology report. The report shall be based on adequate and necessary test borings and give an adequate description of the geology of the site, with conclusions and recommendations, regarding the effect of geologic conditions on the proposed development and giving opinions and recommendations covering the adequacy of site to be developed by the proposed land disturbance activity. Recommendations included in the report and approved by the City shall be incorporated in the Storm Water Pollution Prevention Plan (SWPPP). The report shall be based on subsurface exploration and testing that represents conditions of the entire parcel. The report shall include:
1.
Maps depicting regional geologic settings and site-specific geologic
formations and structures.
2.
Review of generally accepted published geologic reports pertaining
to the area.
3.
An adequate description of the geology of the site, including description
of bedrock lithology, structure and physical characteristics (strength,
jointing, weathering, hardness, special physical or chemical features)
and discussion of how the geologic structure affects the site.
4.
Identification of active and dormant landslides based on both site
analysis and published geologic maps. Geologic cross sections where
appropriate to convey information on geologic relationships.
5.
Discussion of geomorphology and relevant hill slope and stream processes.
Identification and evaluation of any faults on or adjacent to the
site, including their degree of activity and their possible engineering
significance.
6.
Description and evaluation of off-site geologic hazards that may
affect the graded site.
7.
Conclusions and recommendations regarding the effect of geologic
conditions on the proposed development.
8.
These studies shall be performed for the entire parcel and shall
not be limited only to those portions to be graded.
9.
Reports should be signed by a Missouri licensed professional engineer.
[Ord. No. 31-2009 §1, 9-14-2009]
A.
Based
on an estimate from the City Engineer, prior to the issuance of a
land disturbance permit, the applicant must submit a performance guarantee
agreement secured by a letter of credit that meets the requirements
specified in this Section and in a satisfactory form and approved
by the City counsel. That instrument shall be conditioned upon the
faithful performance of the terms of the permit, and the soil erosion
and sediment control/stormwater measures specified in the permit and
approved plan, within the time authorized by the permit or within
any extension granted. The amount of the performance guarantee shall
be sufficient to cover erosion/sedimentation control (installation
and maintenance) and soil stabilization of the site in the event of
default by the permittee. The Building Official may grant a partial
or complete waiver of the performance guarantee, upon application,
where the Building Official finds minimal impairment of existing surface
drainage, minimal erosion hazard, and minimal sedimentation hazard
upon any adjacent land or watercourse, and no hazard to human life
or property.
B.
A performance guarantee shall remain in full force and effect until the applicable permit is terminated, pursuant to Section 460.060(J) of this Chapter and all other permittee's acts covered by the performance guarantee have been determined to be complete in accordance with the applicable City Code provisions. If the permit holder does not faithfully perform the soil erosion and sediment control measures specified in the permit, the financial institution securing the letter of credit will cause the measures to be performed or may pay the City on demand the amounts needed to perform and maintain the measures. A release of the performance guarantee shall be transmitted to the letter of credit depositor upon termination of the applicable permit in accordance with Section 460.060(J) of this Chapter. Failure to renew the performance guarantee thirty (30) days prior to its expiration shall be deemed a default.
[Ord. No. 31-2009 §1, 9-14-2009]
A.
General. Land disturbance activity may not proceed until
a land disturbance permit has been issued by the City. All work must
be performed in accordance with a sequence shown on the approved plan
and/or work schedule or a revised sequence that shall be set forth
in the Storm Water Pollution Prevention Plan (SWPPP) by the applicant.
A person must not initiate land disturbance activities sufficiently
close to the property line so as to endanger any adjoining property,
including a public street, sidewalk or alley. The adjoining property
should be supported and protected from damage that may result from
land disturbance activities including settling, cracking or vegetative
damage. If, in the opinion of the Building Official, the land disturbance
activity creates a hazard to life or property, which is not adequately
safeguarded, the permittee must construct walls, fences, guardrails
or other structures to safeguard the adjoining private property or
public street, sidewalk, alley or other public property and persons,
as the Building Official may require.
B.
Execute The Approved Plan. The issuance of a permit shall
constitute an authorization to do the work described in the permit
or shown on the approved plan. A copy of the approved plan and the
permit must be available on the site for inspection or a sign must
be placed on site with contact notice information. Field markings
showing limits of disturbance must be on site during all installation
of erosion and sediment/stormwater control measures, construction
or other land disturbance activities.
C.
Maintain And Repair Stormwater Facilities During Development.
1.
The permittee, or the owner of any property on which work has been
done pursuant to a permit or any other person or agent in control
of that property, must inspect, maintain in good and effective condition
and promptly repair or restore all grade surfaces, walls, drains,
dams and structures, plantings, vegetation, erosion and sediment control
measures and other protective devices. The permittee or owner and
their agent, contractor and employees shall maintain and repair all
graded surfaces and erosion control facilities, drainage structures
or means and other protective devices, plantings and ground cover
installed while construction is active. Inspections shall be performed
and documented in accordance with regulations of the City. Repair
or restoration and maintenance must be in accordance with the approved
plan and permit as required by this Section.
2.
Any person who performs utility-related work under a permit is responsible for the repair or maintenance of all erosion and sediment control measures affected by the utility construction. Repair or maintenance must be in accordance with Section 460.150(C)(1) above.
D.
Maintain And Repair Stormwater Facilities After Development.
1.
Easement. Permanent easements for maintenance of
stormwater management facilities shall be established on the final
subdivision plat for any project that has said facilities as part
of the improvements. The owner(s) of stormwater management facilities
are hereby obligated to maintain the facilities in good repair and
working order.
2.
Covenants. When stormwater improvements are part
of a subdivision development wherein a property owners' association
will own the improvements, the covenants or restrictions for said
subdivision shall include a statement obligating each property owner
to maintain the stormwater facilities. The covenants or restrictions
shall authorize the association to place a lien on property the owners
of which fail to pay such assessments. The language of the covenants
or restrictions shall obligate the association to perform a minimum
of annual maintenance on the stormwater facilities and to keep records
of such maintenance for ten (10) years. Upon request, records must
be produced for inspection by the City. Maintenance and repair may
include, but is not limited to, removal of silt, litter and other
debris from all catch basins, inlets and drainage pipes, removal of
grass cuttings and vegetation, the necessary replacement of landscape
vegetation, and repair to any defects in stormwater structures.
3.
Inspection of stormwater facilities. The City may
establish inspection programs to review maintenance and repair records;
to sample discharges, surface water ground water and material or water
in drainage control facilities; and to evaluate the condition of drainage
control facilities and other stormwater treatment practices. The property
owner(s) shall allow representatives of City of Herculaneum to enter
the property at reasonable times and in a reasonable manner for the
purpose of inspection. This includes the right to enter the property
when the City has a reasonable basis to believe that a violation of
this order is occurring or has occurred.
E.
Inspections.
1.
Each site that has an approved plan shall be inspected as necessary
to ensure that erosion and sediment/stormwater control measures are
installed and effectively maintained in compliance with the approved
plan and permit. As a minimum, it is anticipated that the Building
Official will inspect the site at the following stages:
a.
Upon completion of installation of perimeter erosion and sediment
controls;
b.
During the construction of sediment basins or stormwater management
structures, at the inspection points required by the permit;
c.
Prior to the removal or modification of any erosion and sediment
control measure or practice; and
d.
Upon completion of final grading, including establishment of ground
covers and planting, installation of all vegetative measures, and
all other work in accordance with the approved plan.
2.
Permittee shall notify the Building Official when work pursuant to the permit reaches the milestones set forth in Section 460.110. Requests for inspection shall be made at least forty-eight (48) hours in advance (exclusive of Saturdays, Sundays and holidays) of the time the inspection is desired.
F.
Remove Fugitive Materials. If soil, earth, sand, gravel, rock, stone or other material is caused to be deposited upon or to roll, flow or wash upon any public or private property and/or public road in violation of Section 460.010 of this Section, the person responsible shall be notified and must cause the material to be removed from that property within forty-eight (48) hours or other time period as determined by the City. In the event of an immediate danger to the public health or safety, notice must be given by the most expeditious means, and the material must be removed immediately.
G.
Non-Interference With City's Corrective Actions. A person
must not interfere with an authorized representative or agent of any
surety, issuing organization or entity nor shall a person obstruct
the ingress to or egress from a site or premises. This non-interference
extends to the City engaged in completing the required work to be
performed under the permit or in complying with the terms or conditions
of the approved plan or the permit.
[Ord. No. 31-2009 §1, 9-14-2009]
A.
Inspections And Notice Of Failure. The City may inspect
the work and upon prior notice to the permittee (except in cases of
emergency in which the injury to persons or property is imminent)
notify the permittee or the representative of the permittee, if there
is a failure to comply with the requirements of this Section. Following
notice of a potential violation, the permittee shall be given the
opportunity to accompany any such inspector and to participate in
the inspection. The notice issued for violation must, at a minimum,
state the nature of the violation, any practice or approved plan deficiencies,
required corrective action and compliance time. After a notice to
comply is given, the permittee or the permittee's contractor(s) shall
be required to make the corrections within the time period determined
by the City. If an imminent hazard exists, the City shall require
that the corrective work begin immediately. Notice of minor deficiencies
may be given to responsible personnel on-site.
B.
Third Party Inspections, If Necessary. If as-built plans are not being furnished for the job, then, in addition to its own inspections, the City may require that any portion of the construction of basins or structures be inspected and certified by a licensed professional. The permittee may be required to secure the services of a licensed professional to inspect the construction of the facilities and provide the City with a fully documented certification that all construction is done in accordance with the provisions of the approved plan, applicable rules, regulations and criteria. If a certification is provided to the City, inspections anticipated under Section 460.150(E)(1)(b) for the basin or structure may be waived. In these cases, the City must be notified at the required inspection points and may make spot inspections.
C.
Suspension.
1.
Any permit issued under this Section may be suspended by the City,
after notice, if the City determines that:
a.
The site is not in substantial compliance with the approved plan
or any permit condition;
b.
Permittee fails to submit reports timely, when requested to do so
by the City;
c.
A violation of any provision of this Section or any other applicable
law, order, rule or regulation relating to the work exists;
d.
A condition exists or any act is being done that constitutes or will
create a nuisance or hazard or endangers or will endanger human life
or the property of others; or
e.
The approved plan is failing to achieve required erosion and sediment
control/stormwater management objectives due to site characteristics
or conditions and the permittee has not submitted or followed an approved
modified plan.
2.
The City shall reinstate a suspended permit upon the permittee's
correction of the cause of the suspension.
D.
Stop Work Orders.
1.
In addition to the other authority granted by this Section, the City
may post a site with a stop work order directing that all or any portion
of the land disturbance activity cease immediately, provided that:
a.
The City determines that the land disturbance activity violates a
condition or requirement of the permit or approved plan or any provisions
of this Section or regulations;
b.
Written warning notice is furnished to the permittee or the permittee's
representative that lists deficiencies and the time within which the
corrections must be made; and
c.
The permittee fails to comply with the warning notice within the
specified time.
2.
A person must not continue or permit the continuance of work in an
area covered by a stop work order, except work required to correct
deficiencies with respect to an erosion or sediment/stormwater control
measure.
3.
For the purposes of this Section, a stop work order is validly posted
by posting a copy of the stop work order on the site of the land disturbance
activity in reasonable proximity to a location where the land disturbance
activity is taking place.
4.
A stop work order may be issued without a warning notice where the
City determines that:
5.
Except as otherwise provided, the City must provide written notice
to the permittee or a representative of the permittee when a stop
work order is issued. A copy of the order, in the case of work for
which there is a permit, shall be mailed by first class mail, postage
pre-paid, to the address listed by the permittee on the permit. In
the case of work for which there is no permit, a copy of the order
shall be mailed to the person listed as owner of the property by Jefferson
County Assessor's office. That notice must specify the extent to which
work is stopped and the conditions under which work may resume. The
permittee is responsible for the actions of agents of the permittee
and must notify those agents when a stop work order is issued that
will affect an area within which the agents are to work. In this regard, "agent" is defined as any person who acts at the instruction,
with the permission, or to the benefit of the permittee. A hearing
shall be held before the Building Official within forty-eight (48)
hours after the issuance of the stop work order unless resolved prior
to the time of the hearing.
6.
A person must not continue or permit the continuance of work in an
area covered by a stop work order, except work required to correct
deficiencies with respect to an erosion or sediment/stormwater control
measure.
E.
City's Right To Correct And Recover Costs.
1.
Within ten (10) days after posting the order, the City (if the deficiencies specified in the stop work order have not been satisfied) may issue a notice of intent to the permittee, owner or land user of the City's intent to perform work necessary to comply with this Section pursuant to the guarantee agreement. The City may go on the land and commence work after fourteen (14) days from issuing the notice of intent. The costs incurred by the City to perform this work shall be paid out of the performance guarantee required by Section 460.070.
2.
Whenever the City finds that a default has occurred in the performance of any term or condition of the permit, approved plan, performance guaranty or a violation of Section 460.010(C) has occurred, written notice of default must be given to the permittee and to the surety or issuing organization or entity. The notice must state the work to be done, the estimated cost, and the specified period of time deemed by the City to be reasonably necessary for completion of the work.
3.
In the event of any default in the performance of any term or condition
of the permit or performance guarantee, the City, the surety, the
issuing organization or entity, or any person employed or engaged
on its behalf has a right to go upon the site to complete the required
work necessary to control erosion and sedimentation or to protect
properties, watercourses and persons. In the event the City undertakes
this work with the funds from a forfeited performance guaranty, the
funds must be used to pay the cost of contracting, including engineering
and administration, for necessary restoration of the site to control
erosion and sediment/stormwater within the requirements of the approved
plan, permit, performance guarantee or this Section.
4.
In the event any soil, earth, sand, gravel, rock, stone or other material that is caused to be deposited upon or to roll, flow or wash upon any public or private property in violation hereof and is not removed after notice, as provided in Section 460.160(A), the City may cause the removal. The failure to remove shall be treated as a default on the performance guarantee and remedy the default as authorized by Section 460.150(D)(1).
5.
Revocation of Permit.
[Ord. No. 31-2009 §1, 9-14-2009]
A.
Other Laws. Neither this Section nor any decision made with
respect hereto exempts the applicant or any other person from other
requirements of the City Code, or from State and Federal laws, or
from procuring other required permits, nor do they limit the right
of any person to maintain, at any time, any appropriate action, at
law or in equity, for relief or damages against the applicant or any
person arising from the activity regulated by this Section. This Section
shall not be construed to be in conflict with any State or Federal
law intended to control erosion, sedimentation and stormwater. In
those instances where State or Federal law imposes a more strict duty
or requirement with respect to a matter covered by this Section, the
more strict duty or requirement shall control.
B.
Liability Insurance.
1.
Contractors or subcontractors performing land disturbance activities
shall be insured against liability for claims for damages for personal
injury and property damage and certificates of insurance shall be
made available to the City upon request. Neither issuance of a permit,
nor compliance with these provisions or any condition imposed by the
City, relieves any person from any responsibility for damage to persons
or property otherwise imposed by law, nor imposes any liability upon
the City for damages to persons or property.
2.
The permittee is responsible for safely and legally completing the
project. Neither the issuance of a permit under the provisions of
this Section, nor the compliance with the provisions hereto or with
any condition imposed by the City, shall relieve any person from responsibility
for damage to persons or property resulting therefrom, or as otherwise
imposed by law, nor impose any liability upon the City for damages
to persons or property.
