[Ord. No. 2307 §2, 7-15-2014]
(a)
Purpose. The purpose of this Section is to protect
the health, safety and property of the people of Eureka by regulating
and controlling the disturbance of land surface areas as it relates
to prevention of erosion on disturbed areas and drainage of stormwater
within the City. It is intended to ensure that consideration is given
to the preservation and restoration of natural features in the grading
or development of any public or private land, that proper provisions
are made to assure control of sediments resulting from rainfall on
graded areas, and that adequate facilities are constructed for the
management of stormwater to assure the movement of emergency vehicles
is not inhibited during storm periods; to protect the public from
rapidly flowing water or flash floods; to minimize storm and flood
losses resulting from uncontrolled runoff and to establish requirements
for construction of stormwater management facilities in newly developed
areas.
(b)
Limitation on Liability Related to Stormwater Management
Facilities. Floods from stormwater runoff may occur which
exceed the capacity of storm drainage facilities constructed and maintained
as a result of this Section. This Section does not guarantee that
properties will always be free from stormwater flooding or flood damage.
This Chapter shall not create liability on the part of, or a cause
of action against, the City or any officer or employee thereof for
any flood damage, nor does this Section purport to reduce the need
or the necessity of obtaining flood insurance.
(c)
Conflicts and Other Permits. Where any provision
of this Section imposes restrictions different from those imposed
by any other law or regulation, whether State, Federal or local, whichever
is more restrictive or imposes a higher standard shall control. All
applicable permits required by Federal, State and/or County agencies
including, but not limited to, the United States Army Corps of Engineers,
United States Federal Emergency Management Agency, Missouri Department
of Natural Resources, Missouri Department of Conservation, and St.
Louis County shall be secured by the property owner or developer and
attached to the City's land disturbance permit application form.
(d)
AGRICULTURAL ACTIVITY
BOARD
CRITICAL DOWNSTREAM LOCATION
BUILDING COMMISSIONER
DESIGN YEAR STORM
DEVELOPMENT
DRAINAGE BASIN (OR WATERSHED)
DRAINAGE FACILITY
IMPERVIOUS SURFACE
LAND DISTURBANCE
LAND DISTURBANCE PERMIT
OWNER
PEAK RUNOFF
RECREATIONAL DEVELOPMENT
(1)
(2)
SITE
STORM DRAIN
PRIVATE STORM DRAINAGE SYSTEM
PUBLIC STORM DRAINAGE SYSTEM
STORM DRAINAGE DESIGN
SWALE
TOPSOIL
TREE
TREE CANOPY COVERAGE
UNIMPROVED LAND
WATERCOURSE
Definitions. For the purposes of this Chapter, the
following words and phrases shall have the meanings given herein.
Normal farming operations, including improvements conducted
under the auspices of the Soil Conservation Service.
The Board of Aldermen of the City of Eureka, Missouri.
A location within the drainage reach downstream of the subject
site, consisting of a channel section, drainage swale, bridge, box
culvert, storm sewer, or other conveyance facility or structure having
a conveyance capacity which would be exceeded by stormwater runoff
from a fifteen-year frequency, twenty-four-hour duration storm under
existing land use conditions; or an existing structure or building
located downstream of the subject site which has its lowest floor
elevation less than one (1) foot above the maximum elevation in an
adjacent channel attained by the one-hundred-year frequency, twenty-four-hour
duration storm, assuming existing land use conditions with the proposed
ultimate development of the subject site in place. The conveyance
capacity of a structure operating under inlet control conditions shall
be determined with a maximum headwater to diameter ratio (HW/D) of
1.25 with a headwater elevation equal to the top of curb, whichever
is less.
The agent of the City of Eureka having primary responsibilities
for enforcement of this Chapter.
The selected or established frequency or return period of
rainfall time-duration for which drainage facilities are to be designed.
Any change of land use or improvement on any parcel of land.
The catchment area from which stormwater is carried off by
a watercourse or storm drainage system. The area served by a drainage
system receiving storm and other surface-borne water. The definition
of "drainage basin" boundaries is a product of natural topography
and drainage system configuration.
A man-made structure or natural watercourse for the conveyance
of storm runoff. Examples are channels, pipes, ditches, swales, catch
basins and street gutters.
Surfaces on real property where infiltration of stormwater
into the earth has been virtually eliminated by acts of humankind.
Impervious surfaces shall include, but not be limited to roofs, paved
driveways, patio areas, sidewalks, parking lots, storage areas and
other oil or macadam surfaced areas which prevent percolation of stormwater
into the earth's surface.
Any activity including mechanized clearing which removes
the vegetative ground cover.
A permit issued by the City that authorizes the commencement
of land disturbance activities.
Any person having legal title to, or a proprietary interest
in, real property. Proprietary interest shall include, but not be
limited to, estate administration, trusteeship, guardianship or actions
under a valid power of attorney.
The maximum rate at which stormwater travels across the surface
of the ground.
Property used for recreational purposes provided:
[Ord. No. 2401 § 1, 12-20-2016]
A minimum of ninety percent (90%) is so utilized, including
that which supports such use including driveways, parking areas, concession
stands, pavilions, restrooms and indoor recreational buildings, and
At least fifty percent (50%) of the development shall consist
of grass fields, woodlands, grass sporting fields or artificial turf
sporting fields. If the existing grade of the property has a cross
slope at its steepest point greater than three percent (3%), this
may be reduced to forty-five percent (45%).
The total area of the parcel, tract, lot or ownership of
land upon which development or land disturbance is proposed irrespective
of the actual limits or size of the proposed development or land disturbance
activity.
A closed conduit or open ditch, natural or specifically constructed,
for conducting or conveying collected stormwater. Conduits and paved
open ditches are termed "improved"; unpaved ditches are termed "unimproved."
A drainage facility which serves only one (1) particular
site and does not collect or transport stormwater from any drainage
basin or roadway outside the site.
Any drainage facility which serves more than one (1) property
and collects or transports runoff from off site.
Design shall be in accordance with the requirements of the
Metropolitan St. Louis Sewer District in the development of minor
storm drainage systems, such as storm drains, relatively small culverts,
associated streets and gutter flow hydraulics, natural drainage swales,
storm inlets and detention facilities.
A wide shallow ditch used to carry storm runoff.
Top organic layer of the soil profile.
Any self-supporting woody perennial plant, usually with one
(1) main stem or trunk. For purposes of identifying existing trees,
deciduous shade trees shall have a four-inch caliper, measured four
and one-half (4½) feet above the ground and ornamental evergreen
species shall be a minimum of six (6) feet in height.
The area in square feet of a tree's spread determined
by measuring the ground surface area that is covered by the branch
spread of a single tree or clump or grove of trees.
Land or property having little or no impervious surface.
A stream, usually flowing in a particular direction (though
it need not flow continuous in a definite channel), having a bed or
banks and usually discharging into some other stream or body of water.
(e)
Administration And Enforcement. The provisions of
this Chapter shall be administered and enforced by the Building Commissioner
of the City of Eureka.
[Ord. No. 2307 §2, 7-15-2014]
(a)
A land disturbance permit is required for any land disturbance activity,
including streets and utilities construction on any site in excess
of one (1) acre in area, including projects less than one (1) acre
that are part of a larger common plan or development or sale. All
applications shall be submitted on forms issued by the City and shall
contain all information as required.
[Ord. No. 2556, 10-6-2020]
(b)
Applications for land disturbance permits shall be accompanied by
a detailed site development plan which shall include proposed tree
clearing limits, a landscaping plan when applicable, a soil erosion
control plan, and a stormwater pollution prevention plan (SWPPP) conforming
to the provisions of this Section. Proposed tree clearing limits must
be defined in a manner so as to be readily discernable (such as by
aerial photographs and/or physical surveys and tree inventories).
Such tree clearing limits must be represented in a manner that allows
that which is authorized to be accurately translated to the subject
property by stakes, paint, flags or other highly visible means. Where
practical, drawings may be combined to contain all of the required
components.
(c)
On land being platted, approval of the site development plan shall
be required prior to approval of the final plat (final plan in planned
districts) and shall encompass the entire area being final platted
or developed.
(d)
A land disturbance permit shall not be required for sites of less
than one (1) acre except as noted elsewhere in this Chapter.
(e)
Agricultural activities as defined in Section 10B-1 are exempt from the provisions of this Chapter except that a land disturbance permit is required for the mechanized clearing and removal of trees on sites in excess of one (1) acre.
(f)
An escrow agreement shall be in place with the City prior to issuance of the land disturbance permit. The escrow agreement shall include costs for revegetation, siltation control, erosion control and any other improvements related to accomplishing grading operations. Escrow requirements shall be in accordance with Section 10B-22.
(g)
At all times during any period of construction, remodel or renovation,
the adjoining ground, streets (private or public), sidewalks and storm
sewers shall be protected from accelerated and increased surface water,
silt from erosion, and any other consequences of erosion.
(h)
Grading plans for more than one (1) acre shall provide sediment basins,
diversions, grass waterways, protective fencing or barriers to avoid
damage to adjoining properties, roads, streets, ditches and storm
sewers. Said protective measures shall be installed prior to the commencement
of grading by the applicant.
(i)
A separate escrow agreement shall be included for the replanting of trees on the entire portion of the disturbed property. The escrow shall be for thirty (30) trees per acre and in accordance with the escrow requirements specified in Section 10B-22. This escrow shall remain in place until such time that other required escrows are in place for public improvements or construction of improvements has begun on a development not requiring escrows for public improvements.
(j)
The limits of clearing shall be staked and/or marked and approved
by the City prior to the start of any land disturbance activities.
City staff may require photographic or videographic documentation
of field conditions prior to and following land disturbance activities.
(k)
A land disturbance permit shall be obtained from the Missouri Department
of Natural Resources for all land disturbance areas greater than one
(1) acre or as amended by changes in the regulations. A copy of the
permit shall be provided to the City prior to commencing land disturbance
activities.
(l)
Land disturbance activity authorized under this Section must commence
within six ( 6) months from the date of City approval.
[Ord. No. 2556, 10-6-2020]
(m)
Land disturbance permits are valid for a period of one (1) year from
the date of City approval; however, the City may authorize extensions
of such permits.
[Ord. No. 2556, 10-6-2020]
(n)
The failure to comply with the requirements of this Section shall be punishable in Municipal Court with a maximum fine of seven hundred fifty dollars ($750.00) for each day the violation exists and be subject to the imposition of a stop-work order. Additionally, each tree three (3) inches or greater in caliper that is removed in excess of that which is authorized on the plan which depicts tree clearing limits shall be punishable in Municipal Court pursuant to the general penalty provisions as set forth in Section 1-7 of this Code.
[Ord. No. 2307 §2, 7-15-2014]
(a)
The destruction within any two-year period of more than ten percent
(10%) of the trees on any parcel of land subject to the provisions
of this Chapter shall be prohibited without first obtaining any land
disturbance permit.
(b)
It shall be required that a minimum of twenty percent (20%) of existing
trees exclusive of acreage contained within any street right-of-way
shall be retained after development. Recreational Developments may
be exempt from the twenty percent (20%) existing tree retainage requirement
as approved by the Board of Aldermen. In determining such existing
tree retainage, physical counts of individual trees shall be utilized;
however, as approved by the City, the percentage of tree canopy coverage
may be utilized to satisfy this requirement. All cleared or disturbed
areas shall be planted with trees of species and specifications as
required by the City, thirty (30) trees per acre, in the following
areas:
[Ord. No. 2401 § 2, 12-20-2016]
(1)
Residential developments: outside the boundaries of individual
lots, to include common ground, easements (as approved by the City),
park areas, exterior slopes of detention basins, etc.
(2)
Other developments: in areas not occupied by improved surfaces,
except in areas in the front of buildings.
(3)
Recreational Developments may be exempt from the above tree
planting requirement as approved by the Board of Aldermen.
(c)
A landscaping plan demonstrating compliance with the specific requirements
of the existing zoning of the site shall accompany all applications
for land disturbance permits. The plan will be a drawing of the site
sufficient in detail to illustrate the features of the plan. The plan
may be incorporated with other drawings or documents but shall contain
the following information.
(1)
The number, location, species, height and size in diameter [measured
four and one-half (4½) feet above grade] of existing natural
trees which are to be maintained or preserved for credit.
(2)
The number, spacing, size and species of planting materials,
including new trees and final ground cover, that will be planted as
part of the landscaping plan.
(3)
The size and location of any walls, earth berms and fences.
(4)
Provisions for watering, soil stabilization, plant protection
and maintenance.
(5)
Location and description of any barriers to be erected to protect
any vegetation from damage both during and after construction.
(d)
Tree protection shall be required prior to and during the activities
associated with the land disturbance permit in accordance with administrative
standards promulgated and enforced by the Building Commissioner but
under no circumstances shall activities with the potential of causing
damage to the root systems of trees be allowed within perimeter of
the drop line of the trees being preserved, protected or planted as
part of the landscaping plan.
(e)
If any of the trees required to be retained or trees planted as part
of the landscaping plan should die within a period of twenty-four
(24) months after completion of the activities associated with the
land disturbance permit, the owner of the property shall replace said
trees at a ratio of one (1) to one (1) with an approved tree having
a minimum diameter of two (2) inches measured at a point one (1) foot
above natural grade. Shrubbery or other plantings which die within
twenty-four (24) months of completion of the activities shall be replaced
in kind.
(f)
All landscaping work must be completed prior to the final inspection
of a building or within one (1) year of issuance of the land disturbance
permit, whichever is greater. If completion of the work or building
is at such time of the year that the landscaping cannot be completed,
a performance bond or other acceptable financial instrument for completion
of the work may be accepted to allow the issuance of a certificate
of use and/or occupancy.
(g)
Landscaping plans may be amended during or after development with
the approval of the Building Commissioner but in all cases must comply
with the current landscaping requirements of the zoning district in
which the site is located.
[Ord. No. 2307 §2, 7-15-2014]
(a)
Erosion Control Requirements - Generally.
(1)
A soil erosion control plan shall be required prior to the issuance
of any applicable land disturbance permit. The purpose of the plan
is to clearly establish what measures will be taken to prevent erosion
and off-site sedimentation during and after development. The erosion
control plan shall consist of three (3) parts, a site grading and
drainage plan, a schedule of work including revegetation of disturbed
areas, and a narrative report describing the nature and scope of the
work. The plan shall be prepared and certified by a registered professional
engineer licensed in the State of Missouri.
(2)
Erosion and sedimentation control measures must be designed
to provide protection from the runoff from a fifteen-year return frequency,
twenty-minute peak runoff in accordance with the runoff rates established
by Metropolitan St. Louis Sewer District. In shopping centers containing
a minimum area of five hundred thousand (500,000) square feet, temporary
erosion control measures shall be designed so as to accommodate a
five-year frequency, twenty-four-hour storm.
(3)
All surfaces must be stable and non-erosive within thirty (30)
working days after rough grading. All areas of grading shall be revegetated
within ninety (90) days after rough grading has ceased. In no case
shall any portion of the site be void of vegetation for a period of
more than one (1) year. When such work is associated with the construction
of a building, no certificate of use and/or occupancy shall be issued
until such surfaces are stable and non-erosive. If completion of the
work or building is at such time of the year that stabilization with
ground cover is not possible, a performance bond or other acceptable
financial instrument for completion of the work may be accepted to
allow the issuance of a certificate of use and/or occupancy.
(4)
The finished grade of any lot shall be established in compliance
with the approved grading permit and plan on file with the City prior
to the sale, conveyance or use as a display of any lot or parcel of
land located within the City. All lots shall be seeded and strawed
or sodded within ten (10) days after completion of the finish grading
and prior to the issuance of an occupancy permit, except that a temporary
occupancy permit may be issued by the Building Commissioner in cases
of undue hardship because of unfavorable ground or weather conditions
so long as a bond or other acceptable financial instrument is issued
to the City. In those cases where a temporary occupancy permit is
issued, the lot shall be seeded and strawed or sodded at the earliest
possible time as determined by the Building Commissioner. The failure
to comply with a directive of the Building Commissioner to seed and
straw or sod shall be an offense punishable in the Municipal Code
for each day such directive is not complied with, subject to a maximum
penalty of seven hundred fifty dollars ($750.00) per day, and be subject
to the imposition of a stop-work order in addition to other remedies
available to the City under the performance bond or financial instrument.
(5)
The applicant shall notify the Building Commissioner, in writing,
when rough grading and finish grading before seeding or sodding shall
be completed. The Building Commissioner shall make field inspections
after rough grading, after finish grading before seeding or sodding,
and after seeding or sodding have been completed to determine that
the work has been performed in accordance with City Codes.
(b)
Site Grading And Drainage Plan. The site grading
and drainage plan shall include the following:
(1)
Existing features.
a.
A drainage area map showing topography of the entire drainage
basin(s) contributing to the site. The scale of the map shall be no
smaller than one (1) inch equals two thousand (2,000) feet. The drainage
map is to show total acreage of the site and the acreage of all drainage
areas contributing to the site. A drainage area map of the site having
a scale no smaller than one (1) inch equals fifty (50) feet shall
also be submitted to show interior drainage areas as well as drainage
through the site. Proposed drainage facilities shall be shown on this
map.
b.
A site plan having a scale no smaller than one (1) inch equals
fifty (50) feet and existing contour intervals of not more than five
(5) feet. The plan shall show topographic features, such as highways,
utilities, natural watercourses, existing drainage facilities and
structures, adjacent property lines, North arrow, scale and vicinity
map. The site plan is to also show the limits of the adopted one-hundred-year
floodplain on the site and any critical environmental areas, such
as streams, lakes, ponds and wetlands. The nature and extent of existing
vegetation shall also be shown on the plan.
(2)
Proposed alterations of the site.
a.
A plan drawing that shows the limits of clearing and grading,
cuts and fills, and final contours at not more than two-foot intervals.
The plan shall also show the location and type of all erosion and
sediment control devices which shall remain in place and be maintained
until new vegetation has been established. The plan shall identify
the phasing of the grading, showing the area(s) to be denuded and
the maximum time those areas will remain disturbed [not to exceed
thirty (30) working days after completion of the work]. The plan shall
show areas to be used for storage of topsoil and excavated subsoil
and plans for access to the site during wet weather. No topsoil shall
be removed from the site. The volume of any subsoils to be removed
from the site shall be illustrated on the grading plan.
b.
A final site plan showing the location or relocation of all
utilities, planned streets, roads, buildings, parking lots, and structures,
and all permanent stormwater management facilities.
c.
Topsoil shall be redistributed over the site and incorporated
with the top six (6) inches of the finished grade.
(3)
Temporary erosion and sediment control measures during
active construction. Drawings shall be provided showing types
of measures and facilities needed, the location of those measures
and facilities with dimensional details. All permanent deviations
in overland flow drainage patterns and the location of ingress and
egress points with the planned protection provisions are to be indicated.
(4)
Permanent erosion and sediment control measures for
long-term protection. Drawings shall be provided showing
types of measures, any facilities needed, the location of those measures
and facilities with dimensional details. All permanent deviations
in overland flow drainage patterns are to be indicated.
(c)
Narrative Report To Accompany Plan.
(1)
A brief description of the overall project shall incorporate
an explanation of existing significant drainage problems contributing
to erosion and siltation problems, particularly those that will be
intensified by the alteration to the construction site.
(2)
The project design should insure that it does not promote or
aggravate an existing off-site erosion, siltation or drainage problem.
The narrative should include a description of the effect of land disturbing
activities off site.
(3)
Runoff-producing factors under existing conditions and the estimated
changes after construction must be provided.
(4)
For design of the erosion control measures and facilities, the
peak runoff from a fifteen-year return frequency, twenty-minute peak
runoff, in accordance with the runoff rates established by Metropolitan
St. Louis Sewer District, must be calculated. In shopping centers
containing a minimum area of five hundred thousand (500,000) square
feet, temporary erosion control measures shall be designed so as to
accommodate a five-year frequency, twenty-four-hour storm.
(5)
Long-range management of erosion and siltation control facilities
must be addressed in the report.
(6)
The phasing or staging of the land disturbing activity is to
be described, including information on the sequence of land clearing
operations, specifying the maximum area and time span the area will
be left denuded, the provisions for the removal, protection and stockpiling
of soil, the types of major earthmoving and grading activities, dust
control measures, and the order of placement of control facility installations.
(7)
Explanations for the selection of the erosion and siltation
control measures utilized shall be provided.
(8)
A schedule is to be provided for inspection and maintenance
of the erosion and sediment control facilities to insure maximum effectiveness
of the protective measures and to assure that preventive maintenance
efforts are to be carried out when needed. This should also include
a description of plans for resodding or reseeding of vegetated areas
and repair or reconstruction of damaged structural measures, and the
method and frequency of removal and disposal of waste materials removed
from the control facilities or project area, including the disposal
of temporary structural measures after they have served their purpose.
[Ord. No. 2307 §2, 7-15-2014]
(a)
Findings Of Fact. It is hereby determined that:
(1)
Land development activities and associated increases in site
impervious cover alter the hydrologic response of local watersheds
and increase stormwater runoff rates and volumes, flooding, stream
channel erosion, sediment transport and deposition.
(2)
This stormwater runoff contributes to increased quantities of
waterborne pollutants.
(3)
Illicit and non-stormwater discharges to the storm drain system
can contribute to a wide variety of pollutants to waterways, and the
control of these discharges is necessary to protect public health
and safety and water quality.
(4)
Improper design and construction of stormwater best management
practices (BMPs) can increase the velocity of stormwater runoff, thereby
increasing stream bank erosion and sedimentation.
(5)
Clearing and grading during construction increases soil erosion
and adds to the loss of native vegetation.
(6)
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream baseflow.
(7)
Substantial economic losses can result from these adverse impacts
on the waters of the County.
(8)
Stormwater runoff, soil erosion and nonpoint source pollution
can be controlled and minimized through the regulation of stormwater
runoff from land development activities.
(9)
The regulation of stormwater runoff discharges from land development
activities in order to control and minimize increases in stormwater
runoff rates and volumes, stream channel erosion, and nonpoint source
pollution associated with stormwater runoff is in the public interest
and will minimize threats to public health and safety.
(10)
Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of stormwater runoff from development.
(b)
Intent and Purpose. The purpose of this Section
is to establish minimum stormwater management requirements and controls
to protect and safeguard the general health, safety, and welfare of
the public residing in watersheds within the City. This Section seeks
to meet that purpose through the following objectives:
(1)
To protect the safety and welfare of citizens, property owners,
and businesses by minimizing the negative impacts of increased stormwater
discharges from new land development and redevelopment.
(2)
To control the rate, quality and volume of stormwater originating
from development and redevelopment sites so that surface water and
groundwater are protected and flooding and erosion potential are not
increased.
(3)
To encourage responsible development to occur in the City.
(4)
To control nonpoint source pollution and stream channel erosion.
(5)
To maintain the integrity of stream channels and networks for
their biological functions, drainage, and natural recharge of groundwater.
(6)
To protect the condition of State (and U.S.) waters for all
reasonable public uses and ecological functions.
(7)
To provide long-term responsibility for and maintenance of stormwater
BMPs.
(8)
To establish legal authority to carry out all the inspection
and monitoring procedures necessary to ensure compliance with this
Chapter.
(9)
To enable the City to comply with the National Pollutant Discharge
Elimination System permit and applicable Federal and State regulations.
(c)
Applicability. This Chapter shall be applicable to all land development, including, but not limited to, site plan applications, subdivision applications, and grading applications, unless exempt pursuant to Subsection 10B-5.1(d). These provisions apply to any new development or redevelopment site within the City that meets one or more of the following criteria:
(1)
Land development that disturbs one (1) acre or more.
(2)
Redevelopment that creates or adds three thousand (3,000) square
feet or more of impervious cover.
(3)
Land development in or near an ecologically and/or environmentally
sensitive area that disturbs more than three thousand (3,000) square
feet.
(4)
Land development activities that are smaller than the minimum
applicability criteria set forth above if such activities are part
of a larger common plan of development, even though multiple, separate
and distinct land development activities may take place at different
times on different schedules.
(d)
Exemptions. The following activities are exempt
from this Chapter:
(1)
Projects that are exclusively for agricultural and silvicultural
uses. Agricultural or silvicultural roads that are used to access
other lands subject to this Chapter are not exempt. Agricultural structures
that are used for other uses subject to this Chapter are not exempt.
(2)
Maintenance and repair to any stormwater BMP deemed necessary
by the City.
(3)
Any emergency project that is immediately necessary for the
protection of life, property, or natural resources.
(4)
Linear construction projects, such as pipeline or utility line
installation that does not result in the creation of impervious cover
or land disturbance greater than one (1) acre, as determined by the
City. Such projects must be designed to minimize the number of stream
crossings and width of disturbance, and are subject to City erosion
and sediment control practices.
(5)
Any part of a land development that was approved by the City
prior to the effective date of this Chapter.
[Ord. No. 2307 §2, 7-15-2014]
(a)
Unless specifically defined below, words or phrases in this Chapter
shall be interpreted so as to give them the meaning they have in common
usage and to give this Chapter its most reasonable application:
(b)
ACCELERATED EROSION
APPLICANT
BUILDING
CHANNEL
DEDICATION
DETENTION
DETENTION FACILITY
DEVELOPER
DRAINAGE EASEMENT
EROSION AND SEDIMENT CONTROL PLAN
FEE IN LIEU
HOTSPOT
HYDROLOGIC SOIL GROUP (HSG)
IMPERVIOUS COVER
INDUSTRIAL STORMWATER PERMIT
INFILTRATION
INFILTRATION FACILITY
JURISDICTIONAL WETLAND
LAND DISTURBANCE ACTIVITY
LANDOWNER
MAINTENANCE AGREEMENT
NONPOINT SOURCE POLLUTION
OFFSET FEE
OFF-SITE FACILITY
ON-SITE FACILITY
RECHARGE
REDEVELOPMENT
STOP-WORK ORDER
STORMWATER MANAGEMENT
STORMWATER MANAGEMENT PLAN (SWMP)
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
STORMWATER RETROFIT
STORMWATER RUNOFF
STORMWATER TREATMENT PRACTICES (STPs)
WATER QUALITY VOLUME (WQV)
WATERCOURSE
As used in this Chapter, the following terms shall have the meanings
indicated:
Erosion caused by development activities that exceeds the
natural processes by which the surface of the land is worn away by
the action of water, wind, or chemical action.
A property owner or agent of a property owner who has filed
an application for a stormwater management permit.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than one hundred (100) square feet of area.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
The deliberate appropriation of property by its owner for
general public use.
The temporary storage of storm runoff in a stormwater management
practice with the goals of controlling peak discharge rates and providing
gravity settling of pollutants.
A detention basin or alternative structure designed for the
purpose of temporary storage of stream flow or surface runoff and
gradual release of stored water at controlled rates.
A person who undertakes land disturbance activities.
A legal right granted by a landowner to a grantee allowing
the use of private land for stormwater management purposes.
A plan that is designed to minimize the accelerated erosion
and sediment runoff at a site during construction activities.
A payment of money in place of meeting all or part of the
stormwater performance standards required by this Chapter.
An area where land use or activities generate highly contaminated
runoff, with concentrations of pollutants in excess of those typically
found in stormwater.
A Natural Resource Conservation Service classification system
in which soils are categorized into four (4) runoff potential groups.
The groups range from A soils, with high permeability and little runoff
production, to D soils, which have low permeability rates and produce
much more runoff.
Those surfaces that cannot effectively infiltrate rainfall
(e.g., building rooftops, pavement, sidewalks, driveways, etc).
A National Pollutant Discharge Elimination System permit
issued to a commercial industry or group of industries which regulates
the pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
Any structure or device designed to infiltrate retained water
to the subsurface. These facilities may be above grade or below grade.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
Any activity which changes the volume or peak flow discharge
rate of rainfall runoff from the land surface. This may include the
grading, digging, cutting, scraping, or excavating of soil, placement
of fill materials, paving, construction, substantial removal of vegetation,
or any activity which bares soil or rock or involves the diversion
or piping of any natural or man-made watercourse.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
A monetary compensation paid to a local government for failure
to meet pollutant load reduction targets.
A stormwater management measure located outside the subject
property boundary described in the permit application for land development
activity.
A stormwater management measure located within the subject
property boundary described in the permit application for land development
activity.
The replenishment of underground water reserves.
Any construction, alteration or improvement exceeding two
thousand (2,000) square feet in areas where existing land use is high-density
commercial, industrial, institutional or multifamily residential.
An order issued which requires that all construction activity
on a site be stopped.
The use of structural or non-structural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
peak flow discharge rates and detrimental changes in stream temperature
that affect water quality and habitat.
The document describing the operator's plan for stormwater
management.
A plan created by constructors to show their plans for sediment
and erosion control. Typically these plans are part of an overall
design that details procedures to be followed during various phases
of construction.
A stormwater management practice designed for an existing
development site that previously had either no stormwater management
practice in place or a practice inadequate to meet the stormwater
management requirements of the site.
Flow on the surface of the ground, resulting from precipitation.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing or reducing
point source or nonpoint source pollution inputs to stormwater runoff
and water bodies.
The storage needed to capture and treat ninety percent (90%)
of the average annual stormwater runoff volume. Numerically (WQV)
will vary as a function of long-term rainfall statistical data.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
[Ord. No. 2307 §2, 7-15-2014]
(a)
Permit Required. No landowner or land operator shall
receive any of the building, grading or other land development permits
required for land disturbance activities without first meeting the
requirements of this Chapter prior to commencing the proposed activity.
(c)
Application Review Fees. The fee structure shall
be established by the City. All of the monetary contributions shall
be credited to a local budgetary category to support local plan review,
inspection and program administration, and shall be made prior to
the issuance of any building permit for the development.
(d)
Permit Duration. Permits issued under this section
shall be valid from the date of issuance through the date the City
notifies the permit holder that all stormwater management practices
have passed the final inspection required under the permit conditions.
[Ord. No. 2307 §2, 7-15-2014]
(a)
Waivers For Providing Stormwater Management.
(1)
Every applicant shall provide for stormwater management as required
by this Chapter, unless a written request is filed to waive this requirement.
Requests to waive the stormwater management plan requirements shall
be submitted to the City for approval.
(2)
The minimum requirements for stormwater management may be waived
in whole or in part upon written request of the applicant, provided
that at least one (1) of the following conditions applies:
a.
It can be demonstrated that the proposed development is not
likely to impair attainment of the objectives of this Chapter.
b.
Alternative minimum requirements for on-site management of stormwater
discharges have been established in a stormwater management plan that
has been approved by the City and the implementation of the plan is
required by local ordinance.
c.
Provisions are made to manage stormwater by an off-site facility.
The off-site facility is required to be in place, designed and adequately
sized to provide a level of stormwater control that is equal to or
greater than that which would be afforded by on-site practices and
there is a legally obligated entity responsible for long-term operation
and maintenance of the stormwater practice.
d.
The City finds that meeting the minimum on-site management requirements
is not feasible due to the natural or existing physical characteristics
of a site.
e.
Non-structural practices will be used on the site that reduce
a) the generation of stormwater from the site, b) the size and cost
of stormwater storage and c) the pollutants generated at the site.
These non-structural practices are explained in detail in the current
design manual and the amount of credit available for using such practices
shall be determined by the City. In instances where one (1) of the
conditions above applies, the City may grant a variance from strict
compliance with these stormwater management provisions, as long as
acceptable mitigation measures are provided. To be eligible for a
variance, the applicant must demonstrate to the satisfaction of the
City that the variance will not result in the following impacts to
downstream waterways:
[Ord. No. 2307 §2, 7-15-2014]
(a)
Where compliance with minimum requirements for stormwater management
is waived by the City, the applicant will satisfy the minimum requirements
by meeting one (1) or more of the mitigation measures and/or in amounts
determined by the City. Mitigation measures may include, but are not
limited to, the following:
(1)
The purchase and donation of privately owned lands, or the granting
of an easement to be dedicated for preservation and/or reforestation.
These lands should be located adjacent to the stream corridor in order
to provide permanent buffer areas to protect water quality and aquatic
habitat.
(2)
The creation of a stormwater management facility or other drainage
improvements on previously developed properties, public or private,
that currently lack stormwater management facilities designed and
constructed in accordance with the purposes and standards of this
Chapter.
(3)
Monetary contributions (cash in lieu thereof) to fund stormwater
management activities such as research and studies (examples: regional
wetland delineation studies, stream monitoring studies for water quality
and macroinvertebrates, stream flow monitoring, threatened and endangered
species studies, hydrologic studies and monitoring of stormwater management
practices).
(4)
In lieu of a monetary contribution, as approved by the City,
an applicant may obtain a waiver of the required stormwater management
by entering into an agreement with the City for the granting of an
easement or the dedication of land by the applicant to be used for
the construction of an off-site stormwater management facility.
(b)
Compliance with any mitigation options contained in Section 10B-5.5 shall be achieved prior to the issuance of any building permits, City execution of plats or other documents to be recorded with the St. Louis County Recorder of Deeds or City approval of any other instruments necessary for the sale, lease or development of the subject properties.
[Ord. No. 2307 §2, 7-15-2014]
Unless judged by the City to be exempt or granted a waiver,
the following performance criteria shall be addressed for stormwater
management at all sites:
(a)
All site designs shall establish stormwater management practices
to control the peak flow rates of stormwater discharge associated
with specified design storms and reduce the generation of stormwater
as indicated in the City of Eureka Design Guide. These practices should
seek to utilize pervious areas for stormwater treatment and to infiltrate
stormwater runoff from driveways, sidewalks, rooftops, parking lots,
and landscaped areas to the maximum extent practical to provide treatment
for both water quality and quantity.
(b)
Stormwater discharges to critical areas with sensitive resources
(i.e., cold water fisheries, shellfish beds, swimming beaches, recharge
areas, water supply reservoirs) may be subject to additional performance
criteria, or may need to utilize or restrict certain stormwater management
practices.
(c)
Certain industrial sites are required to prepare and implement a
stormwater pollution prevention plan (SWPPP), and shall file a notice
of intent (NOI) under the provisions of the National Pollutant Discharge
Elimination System (NPDES) general permit. The stormwater pollution
prevention plan requirement applies to both existing and new industrial
sites.
(d)
Stormwater discharges from land uses or activities with higher potential
pollutant loadings, known as "hotspots," may require the use of specific
structural STPs and pollution prevention practices.
(e)
Prior to design, applicants are required to consult with the City
to determine if they are subject to additional stormwater design requirements.
(f)
The calculations for determining peak flows as found in the City
of Eureka Design Guide shall be used for sizing all stormwater management
practices.
[Ord. No. 2307 §2, 7-15-2014]
(a)
Minimum Control Requirements. All stormwater management
practices will be designed so that the specific storm frequency storage
volumes (e.g., recharge, water quality, channel protection, ten-year,
one-hundred-year) as identified in the City of Eureka Design Guide
are met, unless the City grants the applicant a waiver or the applicant
is exempt from such requirements. In addition, if hydrologic or topographic
conditions warrant greater control than that provided by the minimum
control requirements, the City reserves the right to impose any and
all additional requirements deemed necessary to control the volume,
timing and rate of runoff.
(b)
Site Design Feasibility.
(1)
Stormwater management practices for a site shall be chosen based
on the physical conditions of the site. Among the factors that should
be considered:
(2)
Applicants shall consult the City of Eureka Design Guide for
guidance on the factors that determine site design feasibility when
selecting a stormwater management practice.
(c)
Conveyance Issues.
(1)
All stormwater management practices shall be designed to convey
stormwater to allow for the maximum removal of pollutants and reduction
in flow velocities. This shall include, but not be limited to:
(2)
The City of Eureka Design Guide provides detailed guidance on
the requirements for conveyance for each of the approved stormwater
management practices.
(d)
Pretreatment Requirements. Every stormwater treatment
practice shall have an acceptable form of water quality pretreatment,
in accordance with the pretreatment requirements found in the current
stormwater design manual. Certain stormwater treatment practices,
as specified in the City of Eureka Design Guide, are prohibited even
with pretreatment in the following circumstances:
(1)
Stormwater is generated from highly contaminated source areas
known as "hotspots."
(2)
Stormwater is carried in a conveyance system that also carries
contaminated, non-stormwater discharges.
(3)
Stormwater is being managed in a designated groundwater recharge
area.
(4)
Certain geologic conditions exist (e.g., Karst) that prohibit
the proper pretreatment of stormwater.
(e)
Treatment/Geometry Conditions. All stormwater management
practices shall be designed to capture and treat stormwater runoff
according to the specifications outlined in the City of Eureka Design
Guide. These specifications will designate the water quantity and
quality treatment criteria that apply to an approved stormwater management
practice.
(f)
Landscaping Plans Required. All stormwater management
practices must have a landscaping plan detailing both the vegetation
to be in the practice and how and who will manage and maintain this
vegetation. This plan must be prepared by a registered landscape architect
or other qualified professional as approved by the City.
(g)
Maintenance Agreements. All stormwater treatment
practices shall have an enforceable operation and maintenance agreement
to ensure the system functions as designed. This agreement will include
any and all maintenance easements required to access and inspect the
stormwater treatment practices, and to perform routine maintenance
as necessary to ensure proper functioning of the stormwater treatment
practice. In addition, a legally binding covenant specifying the parties
responsible for the proper maintenance of all stormwater treatment
practices shall be secured prior to issuance of any permits for land
disturbance activities.
(h)
Non-Structural Stormwater Practices. The use of
non-structural stormwater treatment practices is encouraged in order
to minimize the reliance on structural practices. Credit in the form
of reductions in the amount of stormwater that must be managed can
be earned through the use of non-structural practices that reduce
the generation of stormwater from the site. These non-structural practices
are explained in detail in the current design manual, and applicants
wishing to obtain credit for use of non-structural practices must
ensure that these practices are documented and remain unaltered by
subsequent property owners.
[Ord. No. 2307 §2, 7-15-2014]
(a)
Stormwater Management Plan Required For All Developments. No application for development will be approved unless it includes
a stormwater management plan (SWMP) detailing in concept how runoff
and associated water quality impacts resulting from the development
will be controlled or managed. This plan must be prepared by an individual
approved by the City and must indicate whether stormwater will be
managed on site or off site and, if on site, the general location
and type of practices. The stormwater management plan(s) shall be
referred for comment to all other interested agencies, and any comments
must be addressed in a final SWMP. This final plan must be signed
by a professional engineer (PE) licensed in Missouri, who will verify
that the design of all stormwater management practices meet the submittal
requirements outlined in the stormwater design manual. No building,
grading, or sediment control permit shall be issued until a satisfactory
final stormwater management plan, or a waiver thereof, shall have
undergone a review and been approved by the City after determining
that the plan or waiver is consistent with the requirements of this
Chapter.
(b)
Stormwater Management Concept Plan Requirements. A stormwater management concept plan shall be required with all
permit applications and will include sufficient information (e.g.,
maps, hydrologic calculations, etc.) to evaluate the environmental
characteristics of the project site, the potential impacts of all
proposed development of the site, both present and future, on the
water resources, and the effectiveness and acceptability of the measures
proposed for managing stormwater generated at the project site. The
intent of this conceptual planning process is to determine the type
of stormwater management measures necessary for the proposed project,
and to ensure adequate planning for management of stormwater runoff
from future development. To accomplish this goal the following information
shall be included in the concept plan:
(1)
A map (or maps) indicating the location of existing and proposed
buildings, roads, parking areas, utilities, structural stormwater
management and sediment control facilities. The map(s) will also clearly
show proposed land use with tabulation of the percentage of surface
area to be adapted to various uses; drainage patterns; locations of
utilities, roads and easements; the limits of clearing and grading;
A written description of the site plan and justification of proposed
changes in natural conditions may also be required.
(2)
Sufficient engineering analysis to show that the proposed stormwater
management measures are capable of controlling runoff from the site
in compliance with this Chapter and the specifications of the City
of Eureka Design Guide.
(3)
A written or graphic inventory of the natural resources at the
site and surrounding area as it exists prior to the commencement of
the project and a description of the watershed and its relation to
the project site. This description should include a discussion of
soil conditions, forest cover, topography, wetlands, and other native
vegetative areas on the site. Particular attention should be paid
to environmentally sensitive features that provide particular opportunities
or constraints for development.
(4)
A written description of the required maintenance burden for
any proposed stormwater management facility.
(5)
The City may also require a concept plan to consider the maximum
development potential of a site under existing zoning, regardless
of whether the applicant presently intends to develop the site to
its maximum potential. For development or redevelopment occurring
on a previously developed site, an applicant shall be required to
include within the stormwater concept plan measures for controlling
existing stormwater runoff discharges from the site in accordance
with the standards of this Chapter to the maximum extent practicable.
(c)
Final Stormwater Management Plan Requirements. After
review of the stormwater management concept plan, and modifications
to that plan as deemed necessary by the City, a final stormwater management
plan must be submitted for approval.
(d)
Performance Bond/Security. The City may, at its
discretion, require the submittal of a performance security or bond
prior to issuance of a permit in order to ensure that the stormwater
practices are installed by the permit holder as required by the approved
stormwater management plan. The amount of the installation performance
security shall be the total estimated construction cost of the stormwater
management practices approved under the permit, plus fifty percent
(50%). The performance security shall contain forfeiture provisions
for failure to complete work specified in the stormwater management
plan. The installation performance security shall be released in full
only upon submission of as-built plans and written certification by
a Missouri registered professional engineer that the stormwater practice
has been installed in accordance with the approved plan and other
applicable provisions of this Chapter. The City will make a final
inspection of the stormwater practice to ensure that it is in compliance
with the approved plan and the provisions of this Chapter. Provisions
for a partial pro rata release of the performance security based on
the completion of various development stages can be done at the discretion
of the City.
[Ord. No. 2307 §2, 7-15-2014]
(a)
Notice of Construction Commencement.
(1)
The applicant must notify the City in advance before the commencement
of construction. Regular inspections of the stormwater management
system construction shall be conducted by City staff, City-approved
individuals or by a Missouri professional engineer or his or her designee
who has been approved by the City. All inspections shall be documented
and written reports prepared that contain the following information:
(2)
If any violations are found, the property owner shall be notified
in writing of the nature of the violations and the required corrective
actions. No added work shall proceed until any violations are corrected
and all work previously completed has received approval by the City.
(b)
As-Built Plans. All applicants are required to submit
as-built plans for any stormwater management practices located on
site after final construction is completed. The plan must show the
final design specifications for all stormwater management facilities
and must be certified by a professional engineer. A final inspection
by the City is required before the release of any performance securities
can occur.
(c)
Landscaping and Stabilization Requirements. Any
area of land from which the natural vegetative cover has been either
partially or wholly cleared or removed by development activities shall
be revegetated within ten (10) days from the substantial completion
of such clearing and construction. Revegetation criteria is contained
in the City of Eureka Design Guide.
(a)
Violations. Any development activity that is commenced
or is conducted contrary to this Chapter may be restrained by injunction
or otherwise abated in a manner provided by law.
(b)
Notice Of Violation. When the City determines that
an activity is not being carried out in accordance with the requirements
of this Chapter, it shall issue a written notice of violation to the
owner of the property. The notice of violation shall contain:
(1)
Name and address of the owner or applicant.
(2)
Address when available or a description of the building, structure
or land upon which the violation is occurring.
(3)
Statement specifying the nature of the violation.
(4)
Description of the remedial measures necessary to bring the
development activity into compliance with this Chapter and a time
schedule for the completion of such remedial action.
(5)
Statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed.
(6)
Statement that the determination of violation may be appealed
to the municipality by filing a written notice of appeal within fifteen
(15) days of service of the notice of violation.
(c)
Stop-Work Orders. Persons receiving a notice of
violation will be required to halt all construction activities. This
stop-work order will be in effect until the City confirms that the
development activity is in compliance and the violation has been satisfactorily
addressed. Failure to address a notice of violation in a timely manner
can result in civil, criminal, or monetary penalties in accordance
with the enforcement measures authorized in this Chapter.
(d)
Civil And Criminal Penalties. In addition to or
as an alternative to any penalty provided herein or by law, any person
who violates the provisions of this Chapter shall be punished by a
fine of not less than seven hundred fifty dollars ($750.00) or by
imprisonment for a period not to exceed six (6) months, or by both
such fine and imprisonment. Such person shall be guilty of a separate
offense for each day during which the violation occurs or continues.
(e)
Restoration Of Lands. Any violator may be required
to restore land to its undisturbed condition. In the event that restoration
is not undertaken within a reasonable time after notice, the City
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
(f)
Holds On Occupation Permits. Occupation permits
will not be granted until corrections to all stormwater practices
have been made and accepted by the City.
[Ord. No. 2307 §2, 7-15-2014]
The purpose of this Section is to provide for the health, safety,
and general welfare of the citizens of the City through the regulation
of non-stormwater discharges to the storm drainage system to the maximum
extent practicable as required by Federal and State law. This Section
establishes methods for controlling the introduction of pollutants
into the Municipal Separate Storm Sewer System (MS4) in order to comply
with requirements of the National Pollutant Discharge Elimination
System (NPDES) permit process. The objectives of this Section are:
(a)
To regulate the contribution of pollutants to the municipal
separate storm sewer system (MS4) by stormwater discharges by any
user.
(b)
To prohibit illicit connections and discharges to the municipal
separate storm sewer system.
(c)
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
Chapter.
[Ord. No. 2307 §2, 7-15-2014]
For the purposes of this Section, the following definitions
shall apply:
Employees or designees of the City who are designated to
enforce this Chapter.
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
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.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities subject to NPDES construction permits. Currently
these include construction projects resulting in land disturbance
of five (5) acres or more. Beginning in March 2003, NPDES Stormwater
Phase II permits will be required for construction projects resulting
in land disturbance of one (1) acre or more. Such activities include
but are not limited to clearing and grubbing, grading, excavating,
and demolition.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any direct or indirect non-stormwater discharge to the storm
drain system, except as exempted in this Chapter.
Either of the following: any drain or conveyance, whether
on the surface or subsurface, which allows an illegal discharge to
enter the storm drain system, including but not limited to any conveyances
which allow any non-stormwater discharge, including sewage, process
wastewater, and wash water to enter the storm drain system and any
connections to the storm drain system from indoor drains and sinks,
regardless of whether said drain or connection had been previously
allowed, permitted, or approved by an authorized enforcement agency,
or any drain or conveyance connected from a commercial or industrial
land use to the storm drain system which has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
Activities subject to NPDES industrial permits as defined
in 40 CFR 122.26 (b)(14).
A permit issued by EPA [or by a State under authority delegated
pursuant to 33 U.S.C. § 1342(b)] that authorizes the discharge
of pollutants to waters of the United States, whether the permit is
applicable on an individual, group, or general area-wide basis.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
oil and other automotive fluids; non-hazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordinances, and accumulations, so that same
may cause or contribute to pollution; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
Any building, lot, parcel of land, or portion of land whether
improved or unimproved, including adjacent sidewalks and parking strips.
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
[Ord. No. 2307 §2, 7-15-2014]
(a)
Prohibition Of Illegal Discharges. No person
shall discharge or cause to be discharged into the municipal storm
drain system or watercourses any materials, including but not limited
to pollutants or waters containing any pollutants that cause or contribute
to a violation of applicable water quality standards, other than stormwater.
The commencement, conduct or continuance of any illegal discharge
to the storm drain system is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions
established by this Chapter: water line flushing or other potable
water sources, landscape irrigation or lawn watering, diverted stream
flows, rising groundwater, groundwater infiltration to storm drains,
uncontaminated pumped groundwater, foundation or footing drains (not
including active groundwater dewatering systems), crawl space pumps,
air-conditioning condensation, springs, non-commercial washing of
vehicles, natural riparian habitat or wetland flows, swimming pools
(if dechlorinated: typically less than one part per million chlorine),
firefighting activities, and any other water source not containing
pollutants.
(2)
Discharges specified in writing by the authorized enforcement
agency as being necessary to protect public health and safety.
(3)
Dye testing is an allowable discharge, but requires a verbal
notification to the authorized enforcement agency prior to the time
of the test.
(4)
The prohibition shall not apply to any non-stormwater discharge
permitted under an NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the
Federal Environmental Protection Agency, provided that the discharger
is in full compliance with all requirements of the permit, waiver,
or order and other applicable laws and regulations, and provided that
written approval has been granted for any discharge to the storm drain
system.
(b)
Prohibition Of Illicit Connections.
(1)
The construction, use, maintenance or continued existence of
illicit connections to the storm drain system is prohibited.
(2)
This prohibition expressly 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.
(3)
A person is considered to be in violation of this Chapter if
the person connects a line conveying sewage to the MS4, or allows
such a connection to continue.
[Ord. No. 2307 §2, 7-15-2014]
(a)
Suspension Due To Illicit Discharges In Emergency Situations. The City may, without prior notice, suspend MS4 discharge access
to a person when such suspension is necessary to stop an actual or
threatened discharge which presents or may present imminent and substantial
danger to the environment, or to the health or welfare of persons,
or to the MS4 or waters of the United States. If the violator fails
to comply with a suspension order issued in an emergency, the authorized
enforcement agency may take such steps as deemed necessary to prevent
or minimize damage to the MS4 or waters of the United States, or to
minimize danger to persons.
(b)
Suspension Due To The Detection of Illicit Discharge. Any person discharging to the MS4 in violation of this Chapter may
have his or her MS4 access terminated if such termination would abate
or reduce an illicit discharge. The authorized enforcement agency
will notify a violator of the proposed termination of its MS4 access.
The violator may petition the authorized enforcement agency for a
reconsideration and hearing. A person commits an offense if the person
reinstates MS4 access to premises terminated pursuant to this Section,
without the prior approval of the authorized enforcement agency.
[Ord. No. 2307 §2, 7-15-2014]
Any person subject to an industrial or construction activity
NPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the City prior to the allowing of discharges
to the MS4.
[Ord. No. 2307 §2, 7-15-2014]
(a)
Applicability. This section applies to all
facilities that have stormwater discharges associated with industrial
activity, including construction activity.
(b)
Access to Facilities.
(1)
The City shall be permitted to enter and inspect facilities
subject to regulation under this Chapter as often as may be necessary
to determine compliance with this Chapter. If a discharger has security
measures in force which require proper identification and clearance
before entry into its premises, the discharger shall make the necessary
arrangements to allow access to representatives of the authorized
enforcement agency.
(2)
Facility operators shall allow the City ready access to all
parts of the premises for the purposes of inspection, sampling, examination
and copying of records that must be kept under the conditions of an
NPDES permit to discharge stormwater, and the performance of any additional
duties as defined by State and federal law.
(3)
The City shall have the right to set up on any permitted facility
such devices as are necessary in the opinion of the authorized enforcement
agency to conduct monitoring and/or sampling of the facility's
stormwater discharge.
(4)
The City has the right to require the discharger to install
monitoring equipment as necessary. The facility's sampling and
monitoring equipment shall be maintained at all times in a safe and
proper operating condition by the discharger at its own expense. All
devices used to measure stormwater flow and quality shall be calibrated
to ensure their accuracy.
(5)
Any temporary or permanent obstruction to safe and easy access
to the facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the City and shall
not be replaced. The costs of clearing such access shall be borne
by the operator.
(6)
Unreasonable delays in allowing the City access to a permitted
facility is a violation of a stormwater discharge permit and of this
Chapter. A person who is the operator of a facility with a NPDES permit
to discharge stormwater associated with industrial activity commits
an offense if the person denies the authorized enforcement agency
reasonable access to the permitted facility for the purpose of conducting
any activity authorized or required by this Chapter.
(7)
If the City has been refused access to any part of the premises
from which stormwater is discharged, and it is able to demonstrate
probable cause to believe that there may be a violation of this Chapter,
or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program designed to verify compliance with
this Chapter or any order issued hereunder, or to protect the overall
public health, safety, and welfare of the community, then the authorized
enforcement agency may seek issuance of a search warrant from any
court of competent jurisdiction.
[Ord. No. 2307 §2, 7-15-2014]
The City will adopt requirements identifying best management
practices for any activity, operation, or facility which may cause
or contribute to pollution or contamination of stormwater, the storm
drain system, or waters of the United States. The owner or operator
of a commercial or industrial establishment shall provide, at his
or her own expense, reasonable protection from accidental discharge
of prohibited materials or other wastes into the municipal storm drain
system or watercourses through the use of these structural and non-structural
BMPs. Further, any person responsible for a property or premises,
which is, or may be, the source of an illicit discharge, may be required
to implement, at said person's expense, additional structural
and non-structural BMPs to prevent the further discharge of pollutants
to the municipal separate storm sewer system. Compliance with all
terms and conditions of a valid NPDES permit authorizing the discharge
of stormwater associated with industrial activity, to the extent practicable,
shall be deemed compliance with the provisions of this Section. These
BMPs shall be part of a stormwater pollution prevention plan (SWPPP)
as necessary for compliance with requirements of the NPDES permit.
[Ord. No. 2307 §2, 7-15-2014]
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of
the watercourse within the property free of trash, debris, excessive
vegetation, and other obstacles that would pollute, contaminate, or
significantly retard the flow of water through the watercourse. In
addition, the owner or lessee shall maintain existing privately owned
structures within or adjacent to a watercourse, so that such structures
will not become a hazard to the use, function, or physical integrity
of the watercourse.
[Ord. No. 2307 §2, 7-15-2014]
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation has information of any known
or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into stormwater, the
storm drain system, or waters of the United States, said person shall
take all necessary steps to ensure the discovery, containment, and
cleanup of such release. In the event of such a release of hazardous
materials, said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the
event of a release of non-hazardous materials, said person shall notify
the authorized enforcement agency in person or by phone or facsimile
no later than the next business day. Notifications in person or by
phone shall be confirmed by written notice addressed and mailed to
the City within three (3) business days of the phone notice. If the
discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall also
retain an on-site written record of the discharge and the actions
taken to prevent its recurrence. Such records shall be retained for
at least three (3) years.
[Ord. No. 2307 §2, 7-15-2014]
(a)
Notice Of Violation.
(1)
Whenever the City finds that a person has violated a prohibition
or failed to meet a requirement of this Chapter, the authorized enforcement
agency may order compliance by written notice of violation to the
responsible person. Such notice may require without limitation:
a.
The performance of monitoring, analyses, and reporting;
b.
The elimination of illicit connections or discharges;
c.
That violating discharges, practices, or operations shall cease
and desist;
d.
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property; and
e.
Payment of a fine to cover administrative and remediation costs;
and
f.
The implementation of source control or treatment BMPs.
(2)
If abatement of a violation and/or restoration of affected property
is required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. Said notice shall further
advise that, should the violator fail to remediate or restore within
the established deadline, the work will be done by a designated governmental
agency or a contractor and the expense thereof shall be charged to
the violator.
(b)
Appeal Of Notice Of Violation. Any person receiving
a notice of violation may appeal the determination of the authorized
enforcement agency. The notice of appeal must be received within fifteen
(15) days from the date of the notice of violation. Hearing on the
appeal before the appropriate authority or his/her designee shall
take place within fifteen (15) days from the date of receipt of the
notice of appeal. The decision of the City or the City's designee
shall be final.
(c)
Enforcement Measures After Appeal. If the violation
has not been corrected pursuant to the requirements set forth in the
notice of violation, or, in the event of an appeal, within fifteen
(15) days of the decision of the municipal authority upholding the
decision of the authorized enforcement agency, then representatives
of the authorized enforcement agency shall enter upon the subject
private property and are authorized to take any and all measures necessary
to abate the violation and/or restore the property. It shall be unlawful
for any person, owner, agent or person in possession of any premises
to refuse to allow the government agency or designated contractor
to enter upon the premises for the purposes set forth above.
(d)
Cost Of Abatement Of The Violation. Within fifteen
(15) days after abatement of the violation, the owner of the property
will be notified of the cost of abatement, including administrative
costs. The property owner may file a written protest objecting to
the amount of the assessment within days. If the amount due is not
paid within a timely manner as determined by the decision of the municipal
authority or by the expiration of the time in which to file an appeal,
the charges shall become a special assessment against the property
and shall constitute a lien on the property for the amount of the
assessment. Any person violating any of the provisions of this article
shall become liable to the City by reason of such violation. The liability
shall be paid in not more than twelve (12) equal payments. An interest
rate of five percent (5%) per annum shall be assessed on the balance
beginning on the 30th day following discovery of the violation.
[Ord. No. 2307 §2, 7-15-2014]
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this Chapter. If
a person has violated or continues to violate the provisions of this
Chapter, the City may petition for a preliminary or permanent injunction
restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation
of the violation.
[Ord. No. 2307 §2, 7-15-2014]
In lieu of enforcement proceedings, penalties, and remedies
authorized by this Chapter, the City may impose upon a violator alternative
compensatory actions, such as storm drain stenciling, attendance at
compliance workshops, creek cleanup, etc.
[Ord. No. 2307 §2, 7-15-2014]
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this Chapter is a threat to public health, safety,
and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil
action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
[Ord. No. 2307 §2, 7-15-2014]
Any person that has violated or continues to violate this Chapter
shall be liable to criminal prosecution to the fullest extent of the
law, and shall be subject to a criminal penalty of up to seven hundred
fifty dollars ($750.00) per violation per day and/or imprisonment
for a period of time not to exceed six (6) months. The City may recover
all attorney's fees, court costs and other expenses associated
with enforcement of this Chapter, including sampling and monitoring
expenses.
The remedies listed in this Chapter are not exclusive of any
other remedies available under any applicable Federal, State or City
law, and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.
[Ord. No. 2307 §2, 7-15-2014]
As used in this Section, the following terms shall have the
meanings indicated:
Structural device, measure, facility, or activity that helps
to achieve stormwater management control objectives at a designated
site.
A document approved at the site design phase that outlines
the measures and practices used to control stormwater runoff at a
site.
[Ord. No. 2307 §2, 7-15-2014]
(a)
All stormwater BMPs shall be designed in a manner to minimize
the need for maintenance and reduce the chances of failure. Design
guidelines are outlined in the most recent version of the City of
Eureka Design Guide.
(b)
Stormwater easements and covenants shall be provided by the
property owner for access for facility inspections and maintenance.
Easements and covenants shall be recorded with the City prior to the
issuance of a permit.
(c)
Final design shall be approved by the City.
[Ord. No. 2307 §2, 7-15-2014]
(a)
All stormwater BMPs shall be maintained according to the measures
outlined in the most recent version of the City of Eureka Design Guide,
and as approved in the permit.
(b)
The person(s) or organization(s) responsible for maintenance
shall be designated in the plan. Options include:
(c)
Maintenance agreements shall specify responsibilities for financing
maintenance.
[Ord. No. 2307 §2, 7-15-2014]
Nonroutine maintenance includes maintenance activities that
are expensive but infrequent, such as pond dredging or major repairs
to stormwater structures.
(a)
Nonroutine maintenance shall be performed on an as-needed basis
based on information gathered during regular inspections.
(b)
If nonroutine maintenance activities are not completed in a
timely manner or as specified in the approved plan, the City may complete
the necessary maintenance at the owner's/operator's expense.
[Ord. No. 2307 §2, 7-15-2014]
(a)
The person(s) or organization(s) responsible for maintenance
shall inspect stormwater BMPs on a regular basis as outlined in the
plan.
(b)
Authorized representatives of the City may enter at reasonable
times to conduct on-site inspections or routine maintenance.
(c)
For BMPs maintained by the property owner or homeowner's
association, inspection and maintenance reports shall be filed with
the City as provided for in the plan.
[Ord. No. 2307 §2, 7-15-2014]
(a)
If a responsible party fails or refuses to meet the requirements
of the maintenance covenant, the City, after reasonable notice, may
correct a violation of the design standards or maintenance needs by
performing all necessary work to place the facility in proper working
condition. In the event that the stormwater management facility becomes
a danger to public safety or public health, the City shall notify
the party responsible for maintenance of the stormwater management
facility in writing. Upon receipt of that notice, the responsible
person shall have fifteen (15) days to effect maintenance and repair
of the facility in an approved manner. After proper notice, the City
may assess the owner(s) of the facility for the cost of repair work
and any penalties; and the cost of the work shall be a lien on the
property, or prorated against the beneficial users of the property,
and may be placed on the tax bill and collected as ordinary taxes
by the City.
(b)
Violations. Any development activity that is
commenced or is conducted contrary to this Chapter may be restrained
by injunction or otherwise abated in a manner provided by law.
(c)
Notice Of Violation. When the City determines
that an activity is not being carried out in accordance with the requirements
of this Chapter, it shall issue a written notice of violation to the
owner of the property. The notice of violation shall contain:
(1)
Name and address of the owner or applicant.
(2)
Address when available or a description of the building, structure
or land upon which the violation is occurring.
(3)
Statement specifying the nature of the violation.
(4)
Description of the remedial measures necessary to bring the
development activity into compliance with this Chapter and a time
schedule for the completion of such remedial action.
(5)
Statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed.
(6)
Statement that the determination of violation may be appealed
to the City by filing a written notice of appeal within fifteen (15)
days of service of notice of violation.
(d)
Stop-Work Orders. Persons receiving a notice
of violation will be required to halt all construction activities.
This stop-work order will be in effect until the City confirms that
the development activity is in compliance and the violation has been
satisfactorily addressed. Failure to address a notice of violation
in a timely manner can result in civil, criminal, or monetary penalties
in accordance with the enforcement measures authorized in this Chapter.
(e)
Civil And Criminal Penalties. In addition to
or as an alternative to any penalty provided herein or by law, any
person who violates the provisions of this Chapter shall be punished
by a fine of not less than seven hundred fifty dollars ($750.00) or
by imprisonment for a period not to exceed six (6) months, or by both
such fine and imprisonment. Such person shall be guilty of a separate
offense for each day during which the violation occurs or continues.
(f)
Restoration Of Lands. Any violator may be required
to restore land to its undisturbed condition. In the event that restoration
is not undertaken within a reasonable time after notice, the City
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
(g)
Holds On Occupation Permits. Occupation permits
will not be granted until corrections to all stormwater practices
have been made and accepted by the City.
[Ord. No. 2307 §2, 7-15-2014]
(b)
The Board of Adjustment shall not grant a variance from the requirements
of the Land Disturbance and Stormwater Management Code unless it finds
that:
(1)
The interpretation, ruling or order is erroneous or constitutes
an erroneous application of the particular provisions of the Land
Preservation Act or other related laws or ordinances, or is otherwise
contrary to law; or
(2)
A variance is necessary and feasible whereby the Board shall
make the following findings:
a.
Good and sufficient cause based on an unreasonable burden or
hardship has been proven;
b.
The granting of the variance would not result in any increase
in quantity or velocity of flow, degradation of water quality, or
negative impacts upon adjoining or downstream properties, nor upon
the stormwater system;
c.
The degree of variance is the minimum necessary to afford relief
from the unreasonable burden or hardship imposed by the applicable
provisions.
d.
The variance may be granted without defeating the public health,
safety and welfare purposes and intent of the applicable provisions.
[Ord. No. 2307 §2, 7-15-2014]
Land disturbance escrows shall be established at a minimum of
one hundred fifty percent (150%) of the amounts deemed necessary for
the installation, operation and removal of siltation control devices,
installation, operation and removal of sedimentation control measures
and reestablishment of adequate ground cover and related topographical
conditions. The basis for such necessary escrow components shall be
the current unit prices established by St. Louis County Department
of Planning.
[Ord. No. 2307 §2, 7-15-2014]
In cases where there are pre-existing ponds or lakes located
in the same watershed which, in the opinion of the City, could be
impacted by stormwater flow from a particular development for which
a land disturbance permit is granted, appropriate measures shall be
taken by a City-engaged, developer-paid professional to establish
a baseline depth and at a minimum a final depth at the completion
of the project. If the City determines that the body of water has
been negatively impacted, the developer shall be required to take
any necessary corrective measures as approved by the City or a City-engaged,
developer-paid professional.
