[Ord. No. 961 §1, 1-9-2008]
A.
Title. These regulations shall be known as the "Land Disturbance
Code" of the City of Winchester, St. Louis County, Missouri, hereinafter
referred to as "this code".
B.
Introduction. On construction or land disturbance sites,
soil is highly vulnerable to erosion by wind and water. Eroded soil
endangers water resources by reducing water quality and causing the
siltation of aquatic habitat for fish and other desirable species.
Deposits of eroded soil also necessitate maintenance of sewers and
ditches and the dredging of lakes. In addition, clearing and grading
during construction cause the loss of native vegetation necessary
for terrestrial and aquatic habitat. Construction activities also
utilize materials and generate wastes which, if not properly controlled,
can pollute receiving waters.
C.
Purpose. The purpose of this code is to safeguard persons,
protect property and prevent damage to the environment in Winchester.
This code will also promote the public welfare by guiding, regulating
and controlling the design, construction, use and maintenance of any
development or other activity that disturbs or breaks the topsoil
or results in the movement of earth on land in Winchester.
D.
Scope. This code provides for the safety, health and welfare
of the public by regulating and controlling the design, construction,
use and maintenance of any development or other activity that disturbs
land surfaces or results in the movement of earth in Winchester.
[Ord. No. 961 §1, 1-9-2008]
For the purpose of this code, the following terms, phrases,
words and their derivations shall have the meanings given herein.
Where terms are not defined by this Section, such terms shall have
ordinarily accepted meanings such as the context implies.
Practices, procedures or a schedule of activities to reduce
the amount of sediment and other pollutants in storm water discharges
associated with construction and land disturbance activities.
City of Winchester, St. Louis County, Missouri.
The City of Winchester City Engineer or his/her duly authorized
designee.
Any activity that removes the vegetative surface cover or
destroys the root system.
The "Land Disturbance Code" of the City of Winchester, St.
Louis County, Missouri, as adopted by Winchester ordinance.
A parcel or contiguous parcels where land disturbance activities
are performed as part of a proposed development.
Any channel that conveys surface runoff through a site.
The wearing away of land surface through the action of wind
or water.
Any Best Management Practices (BMP) that prevents or minimizes
erosion.
Reshaping the ground surface through excavation and/or fill
of material.
Clearing, grading or any related work which results in removal
of the natural site vegetation or destruction of the root zone or
otherwise results in leaving the ground surface exposed to soil erosion
through the action of wind or water.
Any land disturbance activity involving one (1) acre or more
of land or a site involving less than one (1) acre that is part of
a proposed development that will ultimately disturb one (1) acre or
more.
Any land disturbance activity involving less than one (1)
acre of land.
A permit issued by the authority having jurisdiction authorizing
a land disturbance activity at a specific site subject to conditions
stated in the permit. A permit may be for any one (1) or more major
or ordinary land disturbance activities.
A barrier that prevents sediment from leaving a site by filtering
sediment-laden runoff or diverting it to a sediment trap or basin.
Clearing a parcel of land in distinct stages with the stabilization
of each phase substantially completed before the clearing of the next.
The City's Planning and Zoning Board, acting through the
City Engineer, City Administrator or his/her duly authorized designee.
A Missouri licensed professional engineer or other person
or firm knowledgeable in the principles and practices of erosion and
sediment control, including the Best Management Practices described
in this code.
The fraction of total rainfall that exits at the outfalls
from a site.
Any Best Management Practices (BMP) that prevents eroded
sediment from leaving a site.
The use of Best Management Practices (BMP) that prevent exposed
soil from eroding from a land disturbance site.
The first (1st) land disturbance activity associated with
a development.
A management plan, the purpose of which is to ensure the
design, implementation, management and maintenance of Best Management
Practices (BMP) in order to reduce the amount of sediment and other
pollutants in storm water discharges associated with land disturbance
activities, comply with the standards of the County and ensure compliance
with the terms and conditions of the applicable State permits, including
adherence to the land disturbance program contained in Missouri MS4
NPDES permits.
A natural or artificial channel or body of water, including,
but not limited to, lakes, ponds, rivers, streams, ditches and other
open conveyances, that carry surface runoff water either continuously
or intermittently.
[Ord. No. 961 §1, 1-9-2008]
Other Laws. The provisions of this code shall
not be deemed to nullify any provisions of County, State or Federal
law.
[Ord. No. 961 §1, 1-9-2008]
A.
City Engineer. The City Engineer shall have the authority
and responsibility to perform the following functions related to the
enforcement of this code as associated with major land disturbance
permits:
1.
Receive applications for major land disturbance permits;
2.
Coordinate the review of permit applications and accompanying documents
with the Department of Public Works and the Metropolitan St. Louis
Sewer District (MSD);
3.
Clear issuance of major land disturbance permits with the Department
of Public Works and the Metropolitan St. Louis Sewer District (MSD)
and issue such permits;
4.
Administer the determination, collection and release of site development
escrows required by this code;
5.
Plan review and inspection of major land disturbance activities;
6.
Inspect land disturbance activities within or abutting areas designated
100-year floodplain;
7.
Receive applications, perform plan review, inspect and issue permits
for ordinary land disturbance activities relating to Best Management
Practices (BMP) to be utilized to control erosion and sedimentation
from leaving the site during construction and other land disturbance
activities;
8.
Plan review and inspection of land disturbance activities related
to construction, repair, maintenance or condition of roadways and
roadway rights-of-way which are maintained by the City; and
9.
Plan review of land disturbance activities within or abutting areas
designated 100-year floodplain.
B.
No
major land disturbance permit or ordinary land disturbance permit
shall be issued where the Department of Public Works finds that the
proposed land disturbance activity would result in a material change
in the amount or pattern of surface water runoff to the substantial
injury of neighboring public or private property or right-of-way.
C.
All
land disturbance activities shall be carried out in such a manner
as to minimize inconvenience and harm to adjacent properties and property
owners.
D.
Rule-Making Authority. City departments having enforcement
authority and responsibilities described in this code shall have the
authority, as necessary in the interest of public health, safety and
general welfare, to adopt and promulgate rules and regulations to
interpret and implement the provisions of this code in order to secure
the intent thereof and to designate requirements applicable because
of local climatic or other conditions. Such rules and regulations
shall not have the effect of waiving requirements specifically provided
for in this code or of violating accepted engineering practices involving
the purpose of this code.
[Ord. No. 961 §1, 1-9-2008]
A.
Unlawful Acts. It shall be unlawful for any person, firm
or corporation to perform any land disturbance activities or cause
or allow same to be done in conflict with or in violation of any of
the provisions of this code.
B.
Notices Of Violations. When the City determines that a violation of this code exists, the Director of Public Works shall notify the violator. The notification shall be in writing and shall be delivered to the violator or his/her legally authorized representative or mailed to his last known address via first class mail postage prepaid. Any person having been notified that a violation exists and who fails to abate the violation within ten (10) days after notification shall be subject to the penalties enumerated in Subsection (D) of this Section.
C.
Prosecution Of Violation. If the violator does not abate
the violation promptly, the Department of Public Works shall request
the City to institute the appropriate proceeding at law or in equity
to restrain, correct or abate such violation.
D.
Violation, Penalties. Any person, firm or corporation who
shall violate any provision of this code or who shall fail to comply
with any of the requirements thereof or who shall perform work in
violation of the approved construction documents or the Storm Water
Pollution Prevention Plan or any directive of the Department of Public
Works or of a permit or certificate issued under the provisions of
this code or shall start any work requiring a permit without first
obtaining a permit therefore or who shall continue any work in or
about a structure after having been served a stop work order, except
for such work which that person, firm or corporation has been directed
to perform to remove a violation or unsafe conditions, or any owner
of a property or any other person who commits, takes part or assists
in any violation of this code or who maintains any property on which
such violation shall exist shall be guilty of a misdemeanor punishable
by a fine of not more than one thousand dollars ($1,000.00) or by
imprisonment not exceeding ninety (90) days or both such fine and
imprisonment. Each day that a violation continues shall be deemed
a separate offense.
1.
No-permit penalty. In addition to the penalties
set out above, the following procedure shall be followed where the
City Engineer determines that work has been started prior to the acquisition
of a permit required by this code:
a.
The City shall issue a stop work order.
b.
The City Engineer shall notify the violator of his/her assessment
regarding the appropriate penalty amount to be assessed against the
violator, which shall not exceed one thousand dollars ($1,000.00)
for each day that work occurs without a permit. In making the assessment,
the engineer shall consider whether the violator has previously violated
this code and whether the occupation or experience of the violator
indicates that he/she knew or should have known that a permit was
required. In no case will a no-permit penalty be assessed against
a property owner unless he/she actually performed the work involved.
c.
At the violator's option, he/she may deposit the assessed penalty
amount in escrow (certified check or cash only) with the City, in
which case the violator's right to a hearing will be preserved.
d.
No-permit penalties are appealable to the Board of Adjustment in
the same manner as other decisions of the department. The department
may revise its assessment upon notice to both the Board of Adjustment
and the violator at any time prior to the hearing. Likewise, at any
time prior to the hearing, the violator may accept and pay the recommended
penalty amount and the hearing will be canceled.
e.
At the hearing before the Board of Adjustment, the Board shall afford
both the department and the alleged violator an opportunity to present
any evidence or make any statements they wish to have considered.
f.
Following the hearing the Board of Adjustment shall determine whether
a permit was required.
(1)
If the Board of Adjustment determines that a permit was required,
an appropriate penalty amount shall be assessed, taking into account
the same considerations as noted above. The stop work order shall
remain in full force and effect until such time as the penalty amount
is paid and the violator has complied with all other regulations pertaining
to the issuance of permits.
(2)
If the Board of Adjustment determines that no permit was required,
the department shall immediately cancel the stop work order.
E.
Abatement Of Violation. The imposition of the penalties
herein prescribed shall not preclude the City Attorney from instituting
appropriate action to prevent unlawful construction or to restrain,
correct or abate a violation or to prevent illegal use of a property
or to stop an illegal act.
F.
Permit Suspension Or Revocation. When a land disturbance
activity is conducted in violation of the requirements of this code
or the terms of the permit in such a manner as to materially adversely
affect the safety, health or welfare of persons or materially be detrimental
or injurious to property or improvements, the City Engineer or his
designee may suspend or revoke such permit.
G.
Stop Work Order. Upon notice from the City of Winchester
that work on any property is being prosecuted contrary to the provisions
of this code or in an unsafe and dangerous manner, such work shall
be immediately stopped. The stop work order shall be in writing and
shall be given to the owner of the property involved or to the owner's
agent or to the person doing the work and shall state the conditions
under which work will be permitted to resume.
1.
Unlawful continuance. Whenever the City Engineer or his designee finds that any land disturbance activity is being prosecuted contrary to the provisions of this code or in an unsafe and dangerous manner, the owner or the person performing such activity shall immediately stop such activity. The stop work order shall be in writing and shall be given to the owner of the property involved or to the owner's agent or to the person doing the work and shall state the conditions under which work will be permitted to resume. Any person who shall continue any work in or about the property after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as specified in Subsection (D) of this Section.
[Ord. No. 961 §1, 1-9-2008]
A.
Application For Appeal. Any person shall have the right
to appeal a decision of the City Engineer. An application for appeal
shall be based on a claim that the intent of this code or the rules
or regulations adopted thereunder have been incorrectly interpreted
or the provisions of this code do not apply.
1.
Filing procedure. All appeals shall be filed in
writing with the City of Winchester. All appeals shall be filed within
thirty (30) days after the decision to be appealed is rendered by
the departments identified in this Section.
2.
Filing fee. All appeals must be accompanied by a
fee as determined by resolution of the Board of Aldermen.
B.
Notice Of Meeting. The Board of Adjustment shall meet upon
notice from the Chairman within ten (10) days of the filing of an
appeal or at stated periodic meetings.
C.
Open Hearing. All hearings before the Board of Adjustment shall be open to the public. The appellant, the appellant's representative, the City department(s) having enforcement authority and responsibilities described in Section 530.040 of this code and any person whose interests are affected shall be given an opportunity to be heard.
D.
Procedure. The Board of Adjustment shall adopt and make
available to the public, through the Secretary, procedures under which
a hearing will be conducted. The procedures shall not require compliance
with strict rules of evidence but shall mandate that only relevant
information be received.
E.
Board Of Adjustment Decision. Decisions by the Board of
Adjustment to reverse or modify a decision by a department requires
a minimum vote of three (3) members.
F.
Resolution. The decision of the Board of Adjustment shall be in writing. Copies shall be furnished to the appellant and to the City department(s) having enforcement authority and responsibilities described in Section 530.040 of this code.
G.
Administration. The applicable department identified in Section 530.060(A) of this code shall take immediate action in accordance with the decision of the Board of Adjustment.
H.
Court Review. A party adversely affected by a decision
of the Board of Adjustment may appeal to an appropriate court from
such decision. Application for review shall be made in the manner
and time required by law following the filing of the decision.
[Ord. No. 961 §1, 1-9-2008]
A.
City Permit Required. Any person who intends to conduct any land disturbance activity must obtain a permit prior to beginning the activity. The type of permit shall be as required by Sections 530.070(A)(1) or 530.070(A)(2) in this code. Exception: Activities that do not require permits under Section 530.070(C) of this code.
1.
Major land disturbance permit. No person shall perform
any major land disturbance activity prior to receipt of a major land
disturbance permit. Applications for major land disturbance permits
shall be filed with the City of Winchester.
2.
Ordinary land disturbance permit. No person shall perform any ordinary land disturbance activity prior to receipt of an ordinary land disturbance permit. Applications for ordinary land disturbance permits shall be filed with the City of Winchester. Exception: Activities that do not require permits under Section 530.070(C) of this code.
a.
City building permit and related ordinary land disturbance
activities. The City of Winchester Building Officials may
include ordinary land disturbance activities associated with the construction
of a building, structure or parking lot authorized by a permit issued
under the Building Code as an integrated permit for the proposed construction.
B.
Limitation On Transfer Of Land Disturbance Permits. Any person who buys land from a person who has been issued a land disturbance permit under Sections 530.070(A)(1) or 530.070(A)(2) of this code must obtain a separate land disturbance permit from the County, except for the following:
1.
Major land disturbance permits may be transferred to a new landowner,
provided the original permit holder obtains the approval of the City
to retain responsibility for the land disturbance activities on such
property.
2.
Ordinary land disturbance permits may be transferred to a new landowner,
provided the original permit holder obtains the approval of the City
to retain responsibility for the land disturbance activities on such
property.
C.
Exceptions — Land Disturbance Permits Not Required. Land disturbance permits are not required for the activities identified
as items 1 and 8 in this Subsection, nor are such permits required
for the activities identified in items 2, 3, 4, 5, 6 and 7, provided
the activity does not alter, or cause to be altered, the present surface
of the ground: a) by any cut or fill at the property line; b) by any
cut or fill that would permanently divert one drainage area to another
drainage area; c) by any cut or fill which would deposit mud or harmful
silt or create erosion or damage to adjoining properties; or d) by
any cut or fill that would block or affect an existing swale or drainage
path in a manner to cause damming and ponding.
1.
Any emergency activity that is immediately necessary for the protection
of life, property or natural resources.
2.
Existing farming, nursery and agricultural operations conducted as
a permitted or accessory use.
3.
Land disturbance activities involving excavation of fill of less
than thirty (30) cubic yards of earth/soil moved and less than two
thousand (2,000) square feet of disturbed area provided the land disturbance
activity is for the improvement of the property. Erosion and sediment
control measures shall be provided, when necessary, until grass or
other vegetation is established or other approved means of ground
cover are used.
4.
Land disturbance activities associated with additions to and accessory
structures for one- and two-family dwellings.
5.
Land disturbance activities less than two thousand (2,000) square
feet in area.
6.
Removal of existing or dying grass or similar vegetation by disturbing
not more than ten thousand (10,000) square feet and resodding or reseeding
with new landscaping to include preparation of the seed bed; provided
erosion and sediment control measures are provided until the grass
or other vegetation is established. Any cut or fill in conjunction
with the preparation of the seed bed shall not exceed thirty (30)
cubic yards.
7.
Gardening and similar activities on property occupied by one- or
two-family dwellings.
8.
Land disturbance activities by any public utility for the installation,
inspection, repair or replacement of any of its equipment or for its
collection or distribution lines or piping systems; provided erosion
and sediment control measures are provided until grass or other vegetation
is established or other approved ground cover means are used. This
exception does not apply to any land disturbance activity associated
with work that requires a building permit.
D.
State Of Missouri Permits Required. The permit applicant
must obtain a land disturbance permit from the State of Missouri Department
of Natural Resources for any site where one (1) acre or more of land
will be disturbed, before beginning any site work authorized by a
County permit. This requirement applies to sites of less than one
(1) acre that are part of a proposed development that will ultimately
disturb one (1) acre or more.
[Ord. No. 961 §1, 1-9-2008]
A.
Permit Applications. Applications for land disturbance permits
required by this code shall be in the form prescribed by and accompanied
by the site plans and documents determined necessary by the City Engineer
responsible for issuing the permit. Applications for major land disturbance
permits shall include proof that proposed land disturbance and uses
have received zoning approval from the City and/or Planning and Zoning
Board.
B.
Storm Water Pollution Prevention Plan Required (SWPPP) For Major
Land Disturbance Permits. All applications for major land
disturbance permits shall be accompanied by a Storm Water Pollution
Prevention Plan prepared for the specific site by or under the direction
of a qualified professional. The application shall contain a statement
that any land clearing, construction or development involving the
movement of earth shall be in accordance with the Storm Water Pollution
Prevention Plan and the applicant will assume and acknowledge responsibility
for compliance with this code and the Storm Water Pollution Prevention
Plan at the site of the permitted activity.
C.
Required Site Development Escrows For Major Land Disturbance Permits. Applicants for major land disturbance permits shall file a site
development escrow in the form of a letter of credit or other improvement
security in an amount deemed sufficient by the City Attorney and City
Engineer to cover all costs of improvements, landscaping and maintenance
of improvements for such period as specified by the City. The site
development escrow shall include engineering and inspection costs
sufficient to cover the cost of failure or repair of improvements
installed on the site.
1.
Release of escrows — project closure. Any
site development escrow will not be fully released to the property
owner, site operator or permit holder until all of the following have
been completed:
a.
All temporary storm water control Best Management Practices (BMPs)
have been removed and the site has been fully stabilized.
b.
All permanent storm water control Best Management Practices (BMPs)
have been completed.
c.
All final inspections/certifications have been completed by each
of the government jurisdictions involved in authorizing the project.
[Ord. No. 961 §1, 1-9-2008]
Issuance Of Permits. Land disturbance permits
shall not be issued until the fees associated with the permit are
paid to the City of Winchester as specified by resolution of the Board
of Aldermen.
[Ord. No. 961 §1, 1-9-2008]
A.
Content — Storm Water Pollution Prevention Plan (SWPPP). The design requirements in Article II of this Chapter shall be complied with when developing the Storm Water Pollution Prevention Plan and the plan shall include the following:
1.
Name, address and telephone number of the site owner and the name,
address and telephone number of the individual who will be in overall
responsible charge of construction/development activities at the site.
2.
Site address or location description and parcel identification number(s).
3.
A site map showing the outlines of the total project area, the areas
to be disturbed, existing land uses, locations and names of surface
water bodies, locations of floodplains, locations of temporary and
permanent Best Management Practices (BMP) and such other information
as may be required by the Department of Public Works.
4.
Existing contours of the site and adjoining strips of off-site property
and proposed contours after completion of the proposed land disturbance
and development, based on United States Geological Survey datum, with
established elevations at buildings, walks, drives, street and roads;
and information on necessary clearing and grubbing, removal of existing
structures, excavating, filling materials brought to the site, spreading
and compacting. Existing and proposed contours shall be shown at two
(2) foot elevation intervals.
5.
A natural resources map identifying soils, forest cover and resources
that are protected.
6.
An estimate of the runoff coefficient of the site prior to disturbance
and the runoff coefficient after the construction addressed in the
permit application is completed.
7.
Estimated quantity of land to be disturbed.
8.
Details of the site drainage pattern both before and after major
land disturbance activities.
9.
Access to construction site.
10.
Description of Best Management Practices (BMP) to be utilized to
control erosion and sedimentation during the period of land disturbance.
11.
Description of Best Management Practices (BMP) to be utilized to
prevent other potential pollutants such as construction wastes, toxic
or hazardous substances, petroleum products, pesticides, herbicides,
site litter, sanitary wastes and other pollutants from entering the
natural drainage ways during the period of construction and land disturbance.
12.
Description of Best Management Practices (BMP) that will be installed
during land disturbance to control pollutants in storm water discharges
that will occur after land disturbance activity has been completed.
13.
Location of temporary off-street parking and wash-down area for related
vehicles.
14.
Sources of off-site borrow material or spoil sites and all information
relative to haul routes, trucks and equipment.
15.
The anticipated sequence of construction and land disturbance activities,
including installation of Best Management Practices (BMP), removal
of temporary Best Management Practices (BMP), stripping and clearing;
rough grading; construction utilities, infrastructure and buildings;
and final grading and landscaping. Sequencing shall identify the expected
date(s) on which clearing will begin, the estimated duration of exposure
of cleared areas, areas of clearing, installation of temporary erosion
and sediment control measures and establishment of permanent vegetation.
16.
All erosion and sediment control measures necessary to meet the objectives
of this code throughout all phases of construction and after completion
of site development. Depending upon the complexity of the project,
the drafting of intermediate plans may be required at the close of
each season.
17.
Seeding mixtures and rates, types of sod, method of seed bed preparation,
expected seeding dates, type and rate of lime and fertilizer application
and kind and quantity of mulching for both temporary and permanent
vegetative control measures.
18.
Provisions for maintenance of control facilities including easements
and estimates of the cost of maintenance.
19.
Plans for responding to any loss of contained sediment to include
the immediate actions the permit holder will take in case of a containment
failure. This plan must include documentation of actions and mandatory
reporting to the City.
20.
Schedules and procedures for routine inspections of any structures
provided to prevent pollution of storm water or to remove pollutants
from stormwater and of the site in general to ensure all Best Management
Practices (BMP) are continually implemented and are effective.
B.
Required Plan Amendments — Storm Water Pollution Prevention
Plan (SWPPP). The permit holder shall amend the Storm Water
Pollution Prevention Plan whenever:
1.
Design, operation or maintenance of Best Management Practices (BMP)
is changed;
2.
Design of the construction project is changed that could significantly
affect the quality of the storm water discharges;
3.
Site operator's inspections indicate deficiencies in the Storm Water
Pollution Prevention Plan (SWPPP) or any Best Management Practices
(BMP);
4.
Inspections by City or by the Missouri Department of Natural Resources
indicate deficiencies in the Storm Water Pollution Prevention Plan
(SWPPP) or any Best Management Practices (BMP);
5.
The Storm Water Pollution Prevention Plan (SWPPP) is determined to
be ineffective in significantly minimizing or controlling erosion
or excessive sediment deposits in streams or lakes;
6.
The Storm Water Pollution Prevention Plan (SWPPP) is determined to
be ineffective in preventing pollution of waterways from construction
wastes, chemicals, fueling facilities, concrete truck washouts, toxic
or hazardous materials, site litter or other substances or wastes
likely to have an adverse impact on water quality;
7.
Total settleable solids from a storm water outfall exceeds one-half
(0.5) ml/L/hr if the discharge is within the prescribed proximity
of a "valuable resource water" as defined by the Missouri Department
of Natural Resources;
8.
Total settleable solids from a storm water outfall exceeds two and
one-half (2.5) ml/L/hr for any other outfall; or
9.
The City or the Missouri Department of Natural Resources determines
violations of water quality standards may occur or have occurred.
C.
Permit Holder Responsibilities For Administration Of Storm Water
Pollution Prevention Plan (SWPPP). The permit holder shall:
1.
Notify all contractors and other entities (including utility crews,
City employees or their agents) that will perform work at the site
of the existence of the Storm Water Pollution Prevention Plan (SWPPP)
and what actions or precautions shall be taken while on site to minimize
the potential for erosion and the potential for damaging any Best
Management Practices (BMP);
2.
Determine the need for and establish training programs to ensure
that all site workers have been trained, at a minimum, in performing
erosion control, material handling and storage and housekeeping; will
be trained accordingly.
3.
Provide copies of the Storm Water Pollution Prevention Plan (SWPPP)
to all parties who are responsible for installation, operation or
maintenance of any Best Management Practices (BMP); and
4.
Maintain a current copy of the Storm Water Pollution Prevention Plan
(SWPPP) on the site at all times.
