[Ord. No. 433 §6.1, 5-18-2005]
A. 
Purpose. The purpose of these regulations is to control soil erosion on land that is undergoing development for non-agricultural uses and to preserve the natural terrain and waterways of land within the City limits. Soil erosion scars the land and creates sediment that clogs storm sewers and road ditches, chokes streams and creates silt lakes, all of which pose a threat to public health and safety. The provisions in these regulations are intended to provide a natural community environment, to prevent soil erosion and to reduce costly repairs to gullies, washed out fills, water quality issues in the water conveyance systems, roads and embankments. Application of the regulations in this document will effectively control soil erosion and sedimentation.
B. 
Scope Of Authority. Any person, firm, corporation, business proposing to develop land within the City of Truesdale shall apply to the City Engineer for approval of required erosion control plans and issuance of a grading permit as specified in this regulation.
C. 
Performance Guarantee. Upon approval of the required erosion control plan and prior to the issuance of a grading permit, the City Engineer shall require the developer to post an escrow agreement, lender's agreement or certified check in the amount of the cost of all work to be done under the erosion control plan. Ninety percent (90%) of the funds may be released after all erosion control measures are in place and approved by the City Engineer. Ten percent (10%) will be held until the public improvements are accepted by the City and any outside agency to insure that the erosion control measures are maintained. If there are no public improvements (site plans), the final ten percent (10%) will be held until released by the City Engineer.
[Ord. No. 433 §6.2, 5-18-2005]
A. 
Required Erosion And Sedimentation Control Plan Content. Grading plans, site plans, preliminary plat of subdivision or the subdivision improvement plans for grading land areas ten thousand (10,000) square feet or more shall include the following additional information:
1. 
Erosion and sediment control plans submitted to the City Engineer shall include two (2) sets of maps and plans with specifications showing proposed excavation, grading or filling and shall include the following:
a. 
Engineer's name, mailing address, telephone number, fax number, e-mail address and contact name.
b. 
Owner and/or developer's name, mailing address, telephone number, fax number, e-mail address and contact names.
c. 
Designation of property address and a location map.
d. 
Accurate location of property relative to an intersection.
e. 
Portion of the property that is to be excavated, graded or filled with excavated material.
f. 
Location of any sewerage disposal system or underground utility line, any part of which is within fifty (50) feet of the proposed excavation, grading or filling area and the location of any pipeline operated at a maximum service pressure in excess of two hundred (200) p.s.i.g., any part of which is within one hundred (100) feet of the proposed excavation, grading or filling area.
g. 
Existing grade and topography of the premises and the proposed finished grade and final contour elevation at a contour interval of not more than two (2) feet on the United States Geological Survey datum.
h. 
Location and present status of any previous permitted grading operations on the property.
i. 
Details of any temporary drainage system proposed to be installed and maintained by the applicant and a comprehensive drainage plan designed to safely handle surface water, streams or other natural drains following heavy rains during grading operations to include existing and proposed on-site and off-site drainage area maps.
j. 
Details of proposed water impoundment structures, embankments, sediment or debris basins, grass or lined waterways and diversion with the details and locations of proposed stable outlets and the location of any downstream impoundments which could be affected by the proposed grading.
k. 
Details of soil preparation and revegetation of the finished grade and of other methods of soil erosion control.
l. 
Proposed truck and equipment accessways to the work site.
m. 
Delineation of the 100-year floodplain and floodway.
n. 
A statement from the property owner or his/her agent assuming full responsibility for the performance of the operation as stated in the application. This statement shall also contain assurance that all City property and/or roads will be adequately protected.
2. 
The proposed phasing of development of the site, including clearing, rough grading and construction and final grading and landscaping. Phasing should identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas and the sequence of clearing, installation of temporary sediment control measures, installation of storm drainage, paving streets and parking areas and establishment of temporary and permanent vegetative cover. The City Engineer may waive specific requirements for the content of submissions upon finding that the information submitted is sufficient to show that the work will comply with the objective and principles of these regulations.
B. 
NPDES Permit. The applicant must also apply for the Missouri Department of Natural Resources (MDNR) land disturbance permit. A copy of the MDNR application must be included with this submittal and a copy of the MDNR permit must also be submitted to the City when obtained.
C. 
Sediment And Erosion Control Plan Approval.
1. 
The sediment and erosion control plan must define the measures to be taken to meet erosion control principles and standards as defined in these regulations. The plan must assure that the sediment is not transported from the site by a storm event of 25-year (frequency) 20-minute (inlet time) or less.
2. 
When a plan is submitted, the City Engineer may make comments and recommendations. All such comments and recommendations shall be made within twenty-one (21) days of receipt. Such comments may pertain, but need not be limited to:
a. 
Erosion and sedimentation control.
b. 
Soil use limitation.
c. 
Environmental considerations.
3. 
All plans and specifications submitted for review and/or approval shall be prepared by or under the direct supervision of a registered professional engineer in the State of Missouri and shall be dated and bear his/her original seal and signature.
D. 
Principles And Standards.
1. 
All excavations, grading or filling shall have a finished grade not to exceed a 3:1 slope (thirty-three percent (33%). Steeper grades may be approved by the City Engineer if the excavation is through rock or if the excavation or the fill is adequately protected (a designed head wall or toe wall may be required). Turf reinforced mattresses (TRM), rock slopes and other Best Management Practices (BMP) could be utilized for slopes in excess of 3:1, but should be approved by a qualified geotechnical engineer hired by the developer and approved by the City prior to and/or during installation and they should be listed for concurrence prior to installation. Retaining walls that exceed a height of forty-two (42) inches shall require the construction of safety guards as identified in the appropriate Sections(s) of the adopted Building Codes and must be approved by the City Building Department. Permanent safety guards shall be constructed in accordance with the appropriate Sections(s) of the adopted Building Codes (latest edition). Also, the following water quality issues as a reference can be used: Protecting Water Quality — A field guide to erosion, sediment and storm water best management practices for development sites in Missouri. Publication of this manual was funded in part by the Missouri Department of Natural Resource and administered by the Water Pollution Control Program, Division of Environmental Quality under an EPA 319 grant. It is very "user-friendly" manual, illustrated with both diagrams and photographs. It is available from MDNR in PDF format at http://www.dnr.state.mo.us./deq/wpcp/wpcp-guide.htm. Sediment and erosion control plans for sites that exceed ten thousand (10,000) square feet of grading shall provide Best Management Practices (BMP) for land disturbance. BMPs are a schedule of activities, practices or procedures that reduce the amount of soil available for transport or a device that reduces the amount of suspended solids in runoff before discharge to waters of the State. Types of BMPs from storm water control include, but are not limited to:
a. 
State approved standard specifications and permit programs;
b. 
Employee training in erosion control, material handling and storage and housekeeping for maintenance areas;
c. 
Site preparation such as grading, surface roughening, top soiling, tree preservation and protection and temporary construction entrances;
d. 
Surface stabilization such as temporary seeding, permanent seeding, mulching, sodding, ground cover including vines and shrubs, riprap and geotextile fabric. Mulches may be hay, straw, fiber mats, netting, wood cellulose, corn or tobacco stalks, bark, corn cobs, wood chips or other suitable material which is reasonably clean and free of noxious weeds and deleterious materials. Grasses used for temporary seeding shall be a quick growing species such as rye grass, Italian rye grass or cereal grasses suitable to the area and which will not compete with the grasses sown later for permanent cover.
e. 
Runoff control measures such as temporary diversion dikes or berms, permanent diversion dikes or berms, right-of-way or perimeter diversion devices and retention and detention basins; and sediment traps and barriers, sediment basins, sediment (silt) fence and staked straw bale barriers;
f. 
Runoff conveyance measures such as grass-lined channels, riprap and paved channels, temporary slope drains, paved flumes or chutes; and slope drains may be constructed of pipe, fiber mats, rubble, Portland cement concrete, plastic sheets or other materials that adequately will control erosion;
g. 
Inlet and outlet protection;
h. 
Streambank protection such as a vegetative greenbelt between the land disturbance and the watercourse. Also, structural protection which stabilizes the stream channel;
i. 
A critical path method analysis or a schedule for performing erosion control measures; and
j. 
Other proven methods for controlling runoff and sedimentation.
2. 
The BMP design is to be approved by the City Engineer. Temporary siltation control measures (structural) shall be maintained until seventy-five percent (75%) vegetative cover of area disturbed is established at a sufficient density to provide erosion control on the site, to be determined by the City Engineer. (Refer to Section 400.340.)
3. 
Where natural vegetation is removed during grading, vegetation shall be re-established in such a density, seventy-five percent (75%) vegetative cover of area disturbed, as to prevent erosion. Permanent type grasses shall be established as soon as possible or during the next seeding period after grading has been completed. (Refer to Section 400.340.)
4. 
When grading operations are completed or suspended for more than thirty (30) days, permanent grass must be established at sufficient density, fifty percent (50%) to seventy-five percent (75%) vegetative cover, to provide erosion control on the site. Between permanent grass seeding periods, temporary cover shall be provided according to the City Engineer recommendations. (Refer to Section 400.340.)
5. 
All finished grades (areas not to be disturbed by future improvement) in excess of twenty percent (20%) slopes (5:1) shall be mulched and tacked as prescribed in Section 400.340.
6. 
Provisions shall be made to accommodate the increased runoff caused by changed soil and surface conditions during and after grading. Unvegetated open channels shall be designed so that gradients result in velocities of two (2) fps (feet per second) or less. Open channels with velocities more than two (2) fps and less than five (5) fps shall be established in permanent vegetation by use of commercial erosion control blankets or lined with rock riprap or concrete or other suitable materials as approved by the City Engineer. Detention basins, diversions or other appropriate structures shall be constructed to prevent velocities above five (5) fps. (Refer to Figures 1 through 21.)
7. 
The adjoining ground to development sites (lots) shall be provided with protection from accelerated and increased surface water, silt from erosion and any other consequences of erosion. Runoff water from developed areas (parking lots, paved sites and buildings) above the area to be developed shall be directed to diversions, detention basins, concrete gutters and/or underground outlet systems. Sufficiently anchored straw bales may be temporarily substituted with the approval of the City Engineer. (Refer to Appendix A — Figures 1 through 21.)
8. 
Development along natural watercourses shall have residential lot lines, commercial or industrial improvements, parking areas or driveways set back a minimum of twenty-five (25) feet from the top of the existing stream bank. The watercourse shall be maintained and made the responsibility of the subdivision trustees or, in the case of a site plan, by the property owner. Permanent vegetation shall be left intact. Variances will include designed streambank erosion control measures and shall be approved by the City Engineer. FEMA and U.S. Army Corps of Engineers guidelines shall be followed where applicable regarding site development areas designated as floodplains and wetlands.
9. 
All lots shall be seeded and mulched at the rates defined in Section 400.340 or sodded before an occupancy permit shall be issued, except that a temporary occupancy permit may be issued by the Building Department in cases of undue hardship because of unfavorable ground conditions. All erosion and sediment control facilities shall be inspected following each rainstorm causing significant runoff or being of sufficient intensity or duration as to stop construction or grading progress.
10. 
As a result of such inspections or any time the following are found:
a. 
Excess sediment has accumulated in silt control devices,
b. 
Sediment or erosion control devices have been damaged,
c. 
Obvious gullies or sediment deposits have formed on the downstream side of control devices, or
d. 
Sediment has been carried beyond the working site,
the devices shall be cleaned of sediment, repaired if damaged and restored to serviceable conditions.
[Ord. No. 433 §6.3, 5-18-2005]
A. 
Inspections. By applying for a grading permit, the applicant consents to the City inspecting the proposed development site and all work in progress.
B. 
Corrections. All violations shall be corrected within the time limit set forth by the City Engineer specified in the issuance of a written notice to correct. All persons failing to comply with such notice shall be deemed in violation of these regulations.
C. 
Violations. In the event of a violation, the performance guarantee proceeds shall be used by the City to complete the planned sediment and erosion control practices.
D. 
Penalties. Any person violating any provision of these regulations and found guilty of such violation shall be punished as provided for, all violations adjudicated in Municipal Court.
E. 
Appeals. Any persons denied a grading permit as herein stated shall have the right to appeal such denial according to the variance procedure as described in this Chapter within thirty (30) days of the date of such denial.
[Ord. No. 433 §6.4, 5-18-2005]
For the purposes of this regulation, the following words and phrases shall have the meanings respectively ascribed to them by this Section.
BEST MANAGEMENT PRACTICES (BMPS)
Schedule of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the pollution of waters of the State. BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage. Both structural and non-structural measures to control, treat or prevent storm water runoff pollution within waters of the State. Structural is engineered devices and non-structural includes, but is not limited to, alternative site design, ordinance and use, education and good housekeeping measures.
BUILDING CODES
Refers to the currently adopted Building Code. Pease note these regulations are designed to be used with the adopted Building Codes as a reference for minimum performance standards.
DEBRIS OR SEDIMENT BASIN
A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, silt or other materials.
DIVERSION
A channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope.
EROSION
The wearing away of the land surface by the action of wind, water or gravity.
EXCAVATION OR CUT
Any act by which earth, asphalt, concrete, sand, gravel, rock or any other material in or on the ground is cut into, dug, uncovered, removed, or otherwise displaced, by means of any tools, equipment or explosives, except that the following shall not be deemed excavation:
1. 
Any de minimis displacement or movement of ground caused by pedestrian or vehicular traffic;
2. 
The replacement of utility poles and related equipment at the existing general location that does not involve either a street or sidewalk cut; or
3. 
Any other activity which does not disturb or displace surface conditions of the earth, asphalt, concrete, sand, gravel, rock or any other material in or on the ground.
EXISTING GRADE
The vertical location of the existing ground surface prior to excavations or filling.
FEMA
Federal Emergency Management Agency.
FILL OR FILLING
The placing of any soil, earth, sand, rock, gravel or other substance on the ground.
FINISHED GRADE
The final grade or elevations of the ground surface conforming to the proposed design.
GRADING
Any excavation or filling or combination thereof.
NATURAL WATERCOURSE
A channel formed in the existing surface topography of the earth prior to changes made by unnatural conditions.
OPEN CHANNEL
A constructed ditch or channel designed for water flow.
SEDIMENT
Solid material, mineral or organic, that has been moved by erosion and deposited in a location other than the point of origin.
SILT TRAPS OR FILTERS
Staked bales or silt fencing systems that function as a filter and a velocity check to trap fine-grained sediment while allowing satisfactory passage for storm water runoff site. A lot or parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation.
SITE DEVELOPMENTS
Altering terrain and/or vegetation and constructing improvements.
STREAMBANK, TOP OF EXISTING
The usual boundaries, not the flood boundaries, of a stream channel. The top of the natural incline bordering a stream.
[Ord. No. 433 §6.5, 5-18-2005]
A. 
Seeding Rates.
1. 
Permanent.
a. 
Tall Fescue — 30 lbs/acre
b. 
Smooth Brome — 20 lbs/acre
c. 
Combined — Fescue at 15 lbs/acre and Brome at 10 lbs/acre
2. 
Temporary.
a. 
Wheat or Rye — 150 lbs/acre (3.5 lbs/1,000 square feet)
b. 
Oats — 120 lbs/acre (2.75 lbs/1,000 square feet)
B. 
Seeding Periods.
1. 
Fescue or Brome — March 1 to June 1; August 1 to October 1
2. 
Wheat or Rye — — March 15 to November 1
3. 
Oats — March 15 to September 15
C. 
Mulch Rates. 100 lbs/100 square feet (4,356 lbs/acre)
D. 
Fertilizer Rates.
1. 
Nitrogen — 30 lbs/acre
2. 
Phosphate — 30 lbs/acre
3. 
Potassium — 30 lbs/acre
4. 
Lime — 600 lbs/acre ENM*
* ENM = effective neutralizing material as per State evaluation of quarried rock.