[Ord. No. 11-013 §1, 5-16-2011]
The purpose of this Chapter is to protect the health, safety,
and property of the citizens of the City of Ozark and protect waters
of the City and State from pollution resulting from the effects of
erosion and sediment deposition from land disturbances. This Section
establishes uniform requirements for land disturbance activities in
order to control the occurrence of erosion and the transportation
of sediment to the City Municipal Separate Storm Sewer System (MS4).
[Ord. No. 11-013 §1, 5-16-2011]
For the purposes of this Section, the following words shall
have the definitions hereinafter set forth:
A determination by the Director that the document under review
meets the minimum applicable standards.
Best Management Practices.
Any physical, chemical or managerial practice that reduces
soil erosion or reduces the amount of sediment or other pollutants
discharging to or potentially discharging to the MS4.
City of Ozark, Missouri.
Any activity which removes the vegetative surface cover.
City of Ozark Construction Specifications for Public Improvements.
City of Ozark Department of Public Works.
City of Ozark Design Standards for Public Improvements.
Director of Public Works of the City of Ozark, Missouri,
or the Director's authorized representative.
Any substance disposed, deposited, spilled, poured, injected,
seeped, leached, pumped, dumped, leaked, or placed by any means such
that it can reasonably be expected to enter, intentionally or unintentionally,
into waters of the City or waters of the State, or on any area draining
directly or indirectly into the MS4.
The wearing away of land due to the action of gravity, wind,
water or other mechanical forces.
A set of plans prepared by or under the direction of a licensed
professional engineer indicating the specific measures and sequence
to be used to control erosion and sediment on a development site before,
during and after construction.
Excavation or fill of material, including the resulting conditions
thereof.
To dig up by the roots, uproot.
A field guide published by MODNR titled Protecting Water
Quality, field guide to erosion, sediment and storm water best management
practices for development sites in Missouri.
Any activity that exposes soil including clearing, grubbing,
grading, excavating, filling and other related activities.
The document issued by the City approving the SWPPP and authorizing
land disturbance activity in accordance with the SWPPP.
Maximum extent practicable.
Missouri Department of Natural Resources.
Municipal Separate Storm Sewer System.
Those artificial and natural facilities within the City,
whether publicly or privately owned, by which storm water may be conveyed
to a watercourse or waters of the State, including, but not limited
to, any roads with drainage systems, streets, catch basins, natural
and artificial channels, aqueducts, stream beds, gullies, curbs, gutters,
berms, ditches, swales, open fields, parking lots, impervious surfaces
used for parking, or storm drains, however, sanitary sewers are not
included in the definition of the City's separate storm sewer system.
Notice of violation.
Any alteration of the quality of waters of the City or waters
of the State to a degree that they are rendered harmful, detrimental
or injurious to humans, natural life, vegetation or property, to the
public health, safety and welfare, or otherwise impairs the usefulness
or public enjoyment of waters for any lawful and reasonable purpose,
including interference with the proper functioning of the MS4.
The property owner or person authorized to act on the property
owner's behalf; or any person allowing, causing or contributing to
a violation of this Chapter.
Mineral or organic matter generated as a result of erosion.
Measures that prevent eroded sediment from leaving a site.
A parcel of land or a contiguous combination thereof, where
grading work is performed as a single unified operation.
City of Ozark Standard Drawing Details for Public Improvements.
The first (1st) land-disturbing activity associated with
a development, including 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.
That upon notice from the Director, or the Director's authorized
representative, that work on any property that is contrary to the
provisions of this Chapter or in an unsafe and dangerous manner, or
in conflict with the approved construction documents, such work shall
be stopped.
Any surface or shallow subsurface flow, runoff, or drainage
consisting entirely of water from rainstorm or frozen precipitation
events.
A plan developed by a qualified professional engineer or
person certified in erosion and sediment control to establish controls
to limit erosion and transport of sediment and other pollutants from
the site. The plan shall include BMPs in accordance with the City's
storm water design criteria, design standards for public improvement
and the general conditions and technical specifications for public
improvements.
Storm Water Pollution Prevention Plan.
The standards, required under the Clean Water Act, which
Missouri has adopted to control and remedy water pollution (10 CSR
20-7.031). Water quality standards have three (3) parts: water use
classifications, water quality criteria, and an antidegradation policy.
Any body of water, including, but not limited to, lakes,
ponds, rivers and streams.
Any and all rivers, streams, creeks, branches, lakes, reservoirs,
ponds, sinkholes, springs, wetlands, wells and channels, and other
bodies of surface or subsurface waters, natural or artificial, lying
within the boundaries of the City.
Any water, surface or underground, lying within the boundaries
of the City over which the State Department of Natural Resources has
authority with respect to Clean Water Law.
A channel that directs surface runoff to a watercourse or
to the public storm water system.
[Ord. No. 11-013 §1, 5-16-2011]
This Section is applicable to all land disturbance activity
within the City unless specifically exempted. The provisions in this
Section shall be administered and enforced by the Director. The Director
shall have the authority to develop and implement procedures, forms,
policies, design and construction standards and interpretations for
administering the provisions of this Section.
[Ord. No. 11-013 §1, 5-16-2011]
The responsible party shall control site erosion and the release
of sediment and other pollutants resulting from land disturbance activities
to the maximum extent practicable (MEP) utilizing best management
practices (BMPs). The responsible party shall ensure that BMPs are
designed, constructed and maintained during land disturbance activities
in accordance with the most recent versions of the guideline manual,
design standard, standard details and construction specifications.
[Ord. No. 11-013 §1, 5-16-2011]
A land disturbance permit is required for all land disturbance
activity affecting one (1) acre or greater, cumulatively, throughout
the duration of the development. The responsible party shall obtain
a land disturbance permit from the department prior to commencing
land disturbance activity. A land disturbance permit is not generally
required for land disturbance of less than one (1) acre, cumulatively,
throughout the duration of the development. However, a land disturbance
permit may be required if the Director determines that there is significant
potential for deposition of sediment that is in violation of this
Section or the land disturbance activity is within close proximity
to valuable resource waters. Regardless of land disturbance size,
a land disturbance permit is required if the land disturbance is located
fifty (50) feet or less from the boundary of a spring, rim of a sinkhole,
cave entrance, wetland, watercourse, stream buffer or 100-year floodplain.
The Director shall provide written notice of the need for a permit
to the responsible party or person conducting the land disturbance
activities. The responsible party shall obtain a land disturbance
permit from the department prior to commencing or resuming land disturbance
activity.
[Ord. No. 11-013 §1, 5-16-2011]
A.Â
A land
disturbance permit shall not be required in the following instances,
provided that no change in drainage patterns or sedimentation onto
adjacent properties will occur:
B.Â
No
land disturbance permit is required for the following activities,
provided they are less than one (1) acre of cumulative land disturbance,
are not located within fifty (50) feet of the boundary of a spring,
rim of a sinkhole, cave entrance, wetland, watercourse, stream buffer
or 100-year floodplain and do not cause a violation of Missouri Clean
Water Law or water quality standards:
1.Â
Grading and repair of existing roads or driveways;
2.Â
Cleaning and routine maintenance of roadside ditches or utilities;
3.Â
Utility construction where the width of the disturbed area for trench
excavation and backfill is twenty (20) feet or less;
4.Â
Emergency construction required to repair or replace roads, utilities,
or other items affecting the general safety and well-being of the
public; and
5.Â
Land disturbance for single-family residences not part of an overall
subdivision plan.
C.Â
For
emergency construction activities which would otherwise be required
to obtain a permit and for which remedial construction will take more
than fourteen (14) calendar days, application for the land disturbance
permit must be made within three (3) calendar days from the start
of construction.
[Ord. No. 11-013 §1, 5-16-2011]
The most recent versions of the guideline manual, design standard,
standard details and construction specifications sets forth minimum
requirements that must be met in order to obtain a land disturbance
permit. These documents also provide guidance and additional resources
to facilitate control of soil erosion and pollutants on land that
is undergoing development. Grading, erosion control practices, sediment
control practices and waterway crossings shall meet the design criteria
as outlined in these documents.
[Ord. No. 11-013 §1, 5-16-2011]
An application for a land disturbance permit shall be submitted
on the City's land disturbance application form provided by the department
and filed with the department. Each land disturbance permit application
shall be accompanied by a MODNR land disturbance permit, a MODNR State
operating permit and BMP's securities as well as a erosion and sediment
control plan and a SWPPP both prepared by a qualified professional
engineer or person certified in erosion and sediment control meeting
the provisions of this Section, unless the requirement is specifically
waived by the Director. The responsible party shall install and maintain
BMPs in accordance with the land disturbance permit and SWPPP. The
responsible party shall maintain a copy of the City's and MODNR's
land disturbance permits, the sediment and erosion control plan and
the SWPPP on site. Major amendments of the erosion and sediment control
plan shall be submitted to the City and shall be processed and approved,
or disapproved, in the same manner as the original plans. Field modifications
of a minor nature may be authorized by the City's inspector. The City
shall collect a fee for the purpose of recovering administrative costs
associated with processing applications, reviewing plans, issuing
permits, conducting inspections and enforcing this Section. Each applicant
shall pay the applicable fee at the time of application. Such fees
shall be established in a schedule periodically adjusted by ordinance
from time to time.
[Ord. No. 11-013 §1, 5-16-2011]
The responsible party shall submit a SWPPP with the permit application
that shall be prepared in accordance with the most recent versions
of the guideline manual, design standard, standard details and construction
specifications. No land disturbance permit shall be issued prior to
review and acceptance of the SWPPP by the Director. The responsible
party shall provide and implement revisions to the SWPPP, as necessary,
due to conflicts, omissions, changed conditions or damage resulting
in a violation of any part of this Section to address and correct
the condition causing the violation.
[Ord. No. 11-013 §1, 5-16-2011]
The responsible party shall provide a qualified inspector to
conduct inspections on a weekly basis or within forty-eight (48) hours
of a one-half (½) inch or greater rain event. A copy of each
weekly and rain event inspection shall be faxed to the department
as instructed. The log of such inspections shall be maintained on
site and available for review by the City upon request. By applying
for a grading permit, the applicant consents to the City inspecting
the proposed development site and all work in progress.
[Ord. No. 11-013 §1, 5-16-2011]
Upon approval of the SWPPP and prior to issuance of a land disturbance
permit, the City shall require the developer to post a security in
the form of a cash bond, cash or equivalent approved by the City of
not less than one hundred fifty percent (150%) of the value of all
erosion and sediment control measures which are part of the SWPPP.
For land disturbance permits where no other security will be required,
the only type of security which will be accepted will be a cash bond.
For land disturbance permits where other security is established for
public improvements, the erosion control security may be added to
the security for public improvements. If the bond, letter of credit
or other security document is placed in default, or the insurance
is terminated or not maintained at a satisfactory level, then no further
permits or approvals, including building permits, shall be issued
for the developer's property located in the development for which
the security was given, until the improvements are completed to the
satisfaction of the City. Any portion of the deposit not expended
or retained by the City hereunder shall be refunded when soil and
drainage conditions are stabilized to the satisfaction of the City
and the land disturbance permit is closed.
[Ord. No. 11-013 §1, 5-16-2011]
Enforcement of this Chapter shall be the responsibility of the Director. The party or parties responsible and liable for actions or non-action in regards to this Chapter, including responsibility for abating violations of this Chapter, shall be the property owner or person authorized to act on the property owner's behalf; or any person allowing, causing or contributing to a violation of this Chapter. If an investigation or inspection results in a finding of non-compliance with this Chapter, the Director is authorized to issue a Notice of Violation (NOV) that may, at the discretion of the Director, include a stop work order or a citation. The NOV shall specify the deficiencies, what corrective action is necessary, and a specific time frame in which the responsible party is to achieve compliance. The written NOV, including a stop work order or citation as applicable, shall be mailed, postage prepaid, or hand-delivered to both the permittee and owner. Failure to comply with a notice from the Director shall result in the issuance of a stop work order or citation. Issuance of a stop work order shall result in a suspension of all construction activity on the site, except for work related to remediation of the violation, until the violation is resolved to the City's satisfaction. The stop work order shall also suspend the right of the permittee, applicant, owner, contractor, developer or any related entity to build or construct any structure or public improvement on any portion of the site. It shall be unlawful for any person or responsible party to fail to comply with a stop work order. The Director and the Building and Development Department, upon issuance of a stop work order, are authorized to suspend the issuance of building permits and occupancy permits for structures on any portion of the site, terminate City utility services to the site, and to suspend all inspections and plan review related to any other work that is taking place on the site, until such time as the violation is resolved to the City's satisfaction. Stop work orders shall specifically state the provisions of this Chapter or the land disturbance permit being violated. Any person, who shall continue any work in or about the site after having been served with a stop work order, except such work related to remediation of the violation, shall be subject to penalties as specified in Section 435.130. Said stop work order may be lifted upon the presentation and construction of an accepted plan to avoid sediment runoff and the removal of any such sediment as ordered. All stop work orders that are issued by the Director must be posted on the site on which the grading activity is taking place, and in reasonable proximity to a location where the grading activity is taking place. All stop work orders posted in this manner shall be considered validly delivered. It shall be the responsibility of the owner to ensure that no violation of this Chapter occurs on his/her property. If the responsible party fails to comply with a NOV, stop work order, or there is no immediate settlement, a summons to court may be issued to the responsible party. The summons to court shall contain all the information required by the City Code and will be enforced and issued through the Municipal Court. The Director shall have the option of causing a summons to Municipal Court to be issued immediately upon discovery of a violation, in lieu of a NOV.
[Ord. No. 11-013 §1, 5-16-2011]
A.Â
Any
person who violates the provisions of this Chapter shall be subject
to the following penalties per day and each and every day shall be
deemed a separate offense.
1.Â
Penalties shall be an applicable dollar amount per violation per
day and/or imprisonment for a period of time per violation per day.
The dollar amount and imprisonment period shall be the established
amounts at the time of violation. Such dollar amounts and imprisonment
periods shall be established in a schedule periodically adjusted by
ordinance.
2.Â
The City may recover all attorneys' fees, court costs (fines or penalties
assessed against the City by the MODNR) and other expenses associated
with enforcement of this Chapter.
[Ord. No. 11-013 §1, 5-16-2011]
The City Attorney may seek any appropriate remedy to cause the
removal of such sediment including, but not limited to, an injunction,
revocation proceedings for any and all permits, licenses, and termination
of utility services.
[Ord. No. 11-013 §1, 5-16-2011]
This Chapter shall not abrogate or annul any existing City,
State or Federal law, ordinance, rule or regulation. Where any provision
of these regulations imposes restrictions different from those imposed
by any other regulation, the provision that is more restrictive or
imposes a higher standard shall control.
