[R.O. 2009 §25-461; Ord. No. 3931 §3, 4-19-2004]
A. During
the construction process, 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.
B. The
purpose of this Code Section is to safeguard persons, protect property
and prevent damage to the environment in Brentwood. This Division
will also promote the public welfare by guiding, regulating and controlling
the design, construction, use and maintenance of any significant development
or other activity that disturbs or breaks the topsoil or results in
the movement of earth on land in Brentwood.
[R.O. 2009 §25-462; Ord. No. 3931 §3, 4-19-2004]
For the purposes of this Code, the following terms, phrases,
words and their derivations shall have the meanings given herein.
BEST MANAGEMENT PRACTICES or BMPs
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.
CLEARING
Any activity that removes the vegetative surface cover.
DRAINAGE WAY
Any channel that conveys surface runoff through a site.
EROSION
The wearing away of land surface through the action of wind
or water.
GRADING
Reshaping the ground surface through excavation and/or fill
of material, including the resulting conditions.
LAND DISTURBANCE ACTIVITIES
Any activity such as clearing, grading or any other action
which results in removal of the natural site vegetation and destruction
of the root zone or otherwise results in leaving the ground surface
exposed to soil erosion through the action of wind or water.
MSD
The Metropolitan St. Louis Sewer District.
PERIMETER CONTROL
A barrier that prevents sediment from leaving a site by filtering
sediment-laden runoff or diverting it to a sediment trap or basin.
PHASING
Clearing a parcel of land in distinct phases, with the stabilization
of each phase substantially completed before the clearing of the next.
RUNOFF COEFFICIENT
The fraction of total rainfall that will appear at the outfalls
from a site.
SITE DISTURBANCE PERMIT
A permit issued by the municipality authorizing disturbance
of the land at a specific site subject to conditions stated in the
permit.
STABILIZATION
The use of BMPs that prevent exposed soil from eroding including
improvements and structures for the control of erosion, runoff and
grading.
START OF CONSTRUCTION
The first land disturbing activity associated with a development,
including land preparation such as clearing, grading and filling;
installation of streets and walkways; excavation for basements, footings,
piers or foundations; erection of temporary forms; and installation
of accessory buildings such as garages.
STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
A management plan, the purpose of which is to ensure the design, implementation, management and maintenance of BMPs 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 Sections
400.2670 and
400.2680 of the Brentwood City Code and ensure compliance with the terms and conditions of the applicable State permits, including adherence to the land disturbance program contained in the Missouri DNR issued MS4 NPDES permit.
WATERCOURSE
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.
[R.O. 2009 §25-463; Ord. No. 3931 §3, 4-19-2004]
A. Any Person who intends to conduct any land disturbance activity must obtain a grading permit prior to beginning the activity. The type of permit shall be as required by Section
400.2650(A)(1) or Section
400.2650(A)(2).
[Ord. No. 5113, 2-5-2024]
1. Major Land Disturbance Permit. Any person who intends to conduct
any land disturbance activity that will disturb forty-three thousand
five hundred sixty (43,560) square feet or more must obtain a site
disturbance permit from the State, St. Louis Metropolitan Sewer District
(MSD), and the City.
2. Ordinary Grading Permit. Any person who intends to conduct any land
disturbance activity that will change the elevation of the ground
surface or disturb between ten thousand (10,000) and forty-three thousand
five hundred sixty (43,560) square feet must obtain a grading permit
from the City.
B. Any person who buys a lot for construction from a person who has been issued a permit under Subsection
(A) above (unless purchased for the purpose of building their own private residence) must obtain a separate site disturbance permit from Brentwood unless the original permittee retains responsibility for the land disturbance activities on the sold lot.
C. Site
disturbance permits are not required for the following activities:
[Ord. No. 5113, 2-5-2024]
1. Any emergency activity that is immediately necessary for the protection
of life, property or natural resources.
2. Existing nursery and agricultural operations conducted as a permitted
main or accessory use.
3. Grading for the foundation or basement of any building, structure
or swimming pool for which a building permit has been duly issued;
provided, however, that the deposit required herein has been paid
and that the owners and contractors shall be subject to the requirements
imposed by this Article.
4. Grading of less than one (1) cubic yard for sites over ten thousand
(10,000) square feet.
5. Grading by any public utility for the installation, inspection, repair
or replacement of any of its facilities.
6. Grading of property for or by any governmental agency in connection
with a public improvement or public work on such property.
7. Grading of land for residential gardening, landscaping or similar
horticultural use, provided that there is substantial compliance with
the recommendations or standards of the local soil conservation authority.
8. Grading activities in public right-of-way covered by an excavation
permit.
9. Trench excavation covered by a construction permit.
D. Each
permit application shall bear the name(s) and address(es) of the owner
or developer of the site and of any consulting firm retained by the
applicant together with the name of the applicant's principal contact
at such firm and shall be accompanied by a filing fee.
E. Each
permit application shall be accompanied by a storm water pollution
prevention plan prepared for the specific site by or under the direction
of a qualified professional and 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.
F. The
permit applicant will be required to file with Brentwood a faithful
performance bond, letter of credit or, other improvement security
in an amount deemed sufficient by Brentwood to cover all costs of
improvements, landscaping, maintenance of improvements for such period
as specified by Brentwood and engineering and inspection costs to
cover the cost of failure or repair of improvements installed on the
site.
G. The
permit applicant will be required to obtain a land disturbance permit
issued by the 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 City permit. This requirement applies
to sites of less than one (1) acre that are part of a larger common
plan that will ultimately disturb one (1) acre or more.
[R.O. 2009 §25-464; Ord. No. 3931 §3, 4-19-2004]
A. The design requirements in Sections
400.2670 and
400.2680 shall be taken into consideration 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.
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 temporary and permanent BMPs and such other
information as the City Building Department may require.
4. Existing contours of the site and adjoining strips of off-site property
and proposed contours after completion of the proposed grading and
development, based on United States Geological Survey datum (NAD83),
with established elevations at buildings, walks, drives, street and
roads and information on necessary clearing and grubbing, removal
of existing structures, excavating, filling, spreading, and compacting.
Reference to datum and available benchmarks are required to be noted
on the submitted drawings for future reference.
[Ord. No. 5113, 2-5-2024]
5. 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.
6. Estimated grading quantity.
7. Details of the site drainage pattern both before and after major
grading activities.
8. Construction access to site and BMP used to keep from tracking sediment
onto City streets.
[Ord. No. 5113, 2-5-2024]
9. Description of BMPs to be utilized to control erosion and sedimentation
during the period of land disturbance.
10. Description of BMPs 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.
11. Description of BMPs that will be installed during land disturbance
to control pollutants in storm water discharges that will occur after
land disturbance activity has been completed.
12. Location of temporary off-street parking and wash-down area for related
vehicles.
13. Sources of off-site borrow material or spoil sites and all information
relative to haul routes, trucks and equipment.
14. The anticipated sequence of construction and land disturbance activities,
including installation of BMPs, removal of temporary BMPs, stripping
and clearing, rough grading, construction of utilities, infrastructure
and buildings, and final grading and landscaping. Sequencing shall
identify the expected dates 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.
15. All erosion and sediment control measures necessary to meet the objectives
of this Division 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.
16. Seeding mixtures and rates, types of sod, method of seedbed 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.
17. Provisions for maintenance of control facilities, including easements
and estimates of the cost of maintenance.
18. Plans for responding to any loss of contained sediment to include
the immediate actions the permittee will take in case of a containment
failure. This plan must include documentation of actions and mandatory
reporting to the Building Department.
19. Schedules and procedures for routine inspections of any structures
provided to prevent pollution of storm water or to remove pollutants
from storm water and of the site in general to ensure all BMPs are
continually implemented and are effective.
B. The
permittee shall amend the storm water pollution prevention plan whenever:
1. Design, operation or maintenance of BMPs 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 SWPPP or
any BMP;
4. Inspections by the Building Department, MSD or by the Missouri Department
of Natural Resources indicate deficiencies in the SWPPP or any BMP;
5. The SWPPP is determined to be ineffective in significantly minimizing
or controlling erosion or excessive sediment deposits in streams or
lakes;
6. The 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 exceed one-half
(0.5) ml/L/hr if the discharge is within the prescribed proximity
of a "valuable resource water" as defined by the MDNR;
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. MSD or the Missouri Department of Natural Resources determines whether
violations of water quality standards may occur or have occurred.
C. The
permittee 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 SWPPP and what actions or precautions shall
be taken while on site to minimize the potential for erosion and the
potential for damaging any BMP;
2. Determine the need for and establish training programs to ensure
that all site workers have been trained, as a minimum, in erosion
control, material handling and storage and housekeeping;
3. Provide copies of the SWPPP to all parties who are responsible for
installation, operation or maintenance of any BMP; and
4. Maintain a current copy of the SWPPP on the site at all times.
[R.O. 2009 §25-465; Ord. No. 3931 §3, 4-19-2004]
A. Grading,
erosion control practices, sediment control practices and watercourse
crossings shall be adequate to prevent transportation of sediment
from the site to the satisfaction of the Building Department.
B. Cut
and fill slopes shall be no greater than 3:1, except as approved by
the Building Department to meet other community or environmental objectives.
C. Clearing
and grading of natural resources, such as forests and wetlands, shall
not be permitted, except when in compliance with all other provisions
of the Brentwood City Code and in compliance with State and Federal
regulations.
D. Clearing
techniques that retain existing vegetation to the maximum extent practicable
shall be used and the time period for disturbed areas to be without
vegetative cover shall be minimized to the extent practical to the
satisfaction of the Building Department.
E. Clearing,
except that necessary to establish sediment control devices, shall
not begin until all sediment control devices have been installed and
have been stabilized.
F. Phasing
shall be required on all sites disturbing greater than thirty (30)
acres, with the size of each phase to be established at plan review
and as approved by the Building Department.
G. Erosion
control requirements shall include the following:
1. Soil stabilization shall be completed within five (5) days of clearing
or inactivity in construction.
2. If seeding or another vegetative erosion control method is used,
it shall become established within two (2) weeks or the Building Department
may require the site to be reseeded or a non-vegetative option employed.
3. Techniques shall be employed to ensure stabilization on steep slopes
and in drainage ways.
4. Soil stockpiles must be stabilized or covered at the end of each
workday.
5. The entire site must be stabilized, using a heavy mulch layer or
another method that does not require germination to control erosion,
at the close of the construction season.
6. Techniques shall be employed to prevent the blowing of dust or sediment
from the site.
7. Techniques shall be employed to divert upland runoff past disturbed
slopes.
H. Sediment
control requirements shall include:
1. Settling basins, sediment traps or tanks and perimeter controls.
2. Settling basins shall be provided for each drainage area with ten
(10) or more acres disturbed at one (1) time and shall be sized to
contain one-half (0.5) inch of sediment from the drainage area and
be able to contain a 2-year, 24-hour storm. If the provision of a
basin of this size is impractical, other similarly effective BMPs,
as evaluated and specified in the SWPPP, shall be provided.
3. Settling basins shall be designed in a manner that allows adaptation
to provide long-term storm water management as required by the Building
Department.
4. Settling basins shall have stabilized spillways to minimize the potential
for erosion of the spillway or basin embankment.
5. Protection for adjacent properties by the use of a vegetated buffer
strip in combination with perimeter controls.
I. Watercourse
protection requirements shall include:
1. Encroachment into or crossings of active watercourses/riparian areas
and wetlands shall be avoided to the maximum extent practicable. Where
applicable, all local, State and Federal permits and approvals shall
be provided to the Building Department prior to the issuance of a
site disturbance permit.
2. Stabilization of any watercourse channels before, during and after
any in-channel work.
3. If a defined watercourse is to be realigned or reconfigured, clearing
and grubbing activities within fifty (50) feet of the watercourse
shall not begin until all materials and equipment necessary to protect
the watercourse and complete the work are on site. Once started, work
shall be completed as soon as possible. Areas within fifty (50) feet
of the watercourse shall be recontoured and revegetated, seeded or
otherwise protected within five (5) working days after grading has
ceased.
4. All storm water conveyances shall be designed according to the criteria
of the Metropolitan St. Louis Sewer District (MSD) and the City and
the necessary MSD permits and Brentwood permits obtained.
5. Stabilization adequate to prevent erosion shall be provided at the
outlets of all pipes and paved channels.
J. Construction
site access requirements shall include:
1. A temporary access road provided at all sites including a wash-down
area supporting all active sites.
2. Other measures required by the Building Department in order to ensure
that construction vehicles do not track sediment onto public streets
or washed with wash effluent channeled directly into storm drains.
K. Control
requirements for construction materials, construction wastes and other
wastes generated on site shall include provisions, satisfactory to
the Building Department, for:
1. Spill prevention and control facilities for materials such as paint,
solvents, petroleum products, chemicals, toxic or hazardous substances,
substances regulated under the Resource Conservation and Recovery
Act (RCRA) or the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) and any wastes generated from the use of
such materials and substances, including their containers. Any containment
systems employed to meet this requirement shall be constructed of
materials compatible with the substances contained and shall be adequate
to protect both surface and ground water.
2. Collection and disposal of discarded building materials and other construction site wastes, including those listed in Subsection
(K)(1) above.
4. Control of concrete truck washouts.
5. Assurance that on-site fueling facilities will adhere to applicable
Federal and State regulations concerning storage and dispensers.
6. Provision of sufficient temporary toilet facilities to serve the
number of workers on site.
[R.O. 2009 §25-466; Ord. No. 3931 §3, 4-19-2004]
A. General Standards.
1. The rate of imperviousness shall be determined by ratios of five
percent (5%) to one hundred percent (100%) impervious areas in accordance
with Table A.
2. Differential runoff rates for all categories of projects shall be
evaluated by the rational formula. The 25-year frequency, twenty (20)
minute duration, inlet time runoff coefficients in Table A shall be
used as the upper limit for evaluation.
B. Review Considerations For Detention Facilities. In general,
detention facilities shall be provided with obvious and effective
control strategies. The following shall be considered in determining
the effectiveness and safety of these facilities in relation to the
intent and purpose of this Section:
1. Volume of retention for the total project = Differential runoff rate
x area of project x 30 minutes x 60 seconds/minute;
2. Tributary (Q) peak runoff to basin;
3. Balanced maximum outflow rate from the low-flow structures;
4. Ratios of inflow to outflow rates;
5. Sizing of the overflow facilities;
6. Stability of retention dikes;
8. Maintenance features.
TABLE A
AVERAGE C.I. FACTORS IN C.F.S. PER ACRE
20-MINUTES INLET TIME*
|
---|
% Impervious
|
C or P Factor
|
0.5
Year
|
1
Year
|
2
Year
|
5
Year
|
10
Year
|
20
Year
|
25
Year
|
50
Year
|
100
Year
|
---|
5
|
.37
|
0.70
|
0.92
|
.15
|
1.41
|
1.59
|
1.78
|
2.00
|
2.18
|
2.37
|
10
|
.39
|
0.74
|
0.97
|
1.21
|
1.49
|
1.68
|
1.88
|
2.11
|
2.30
|
2.50
|
15
|
.41
|
0.77
|
1.02
|
1.27
|
1.56
|
1.76
|
1.97
|
2.21
|
2.42
|
2.62
|
20
|
.435
|
0.82
|
1.08
|
1.35
|
1.66
|
1.87
|
2.09
|
2.35
|
2.57
|
2.78
|
25
|
.455
|
0.86
|
1.13
|
1.41
|
1.73
|
1.96
|
2.19
|
2.46
|
2.68
|
2.91
|
30
|
.475
|
0.90
|
1.18
|
1.47
|
1.81
|
2.04
|
2.28
|
2.57
|
2.80
|
3.04
|
35
|
.495
|
0.94
|
1.23
|
1.53
|
1.89
|
2.13
|
2.38
|
2.67
|
2.92
|
3.17
|
40
|
.52
|
0.98
|
1.29
|
1.61
|
1.98
|
2.24
|
2.50
|
2.81
|
3.07
|
3.33
|
45
|
.54
|
1.02
|
1.34
|
1.67
|
2.06
|
2.32
|
2.60
|
2.92
|
3.19
|
3.46
|
50
|
.56
|
1.06
|
1.39
|
1.74
|
2.13
|
2.41
|
2.69
|
3.02
|
3.30
|
3.58
|
55
|
.58
|
1.10
|
1.44
|
1.80
|
2.21
|
2.49
|
2.79
|
3.13
|
3.42
|
3.71
|
60
|
.60
|
1.13
|
1.49
|
1.86
|
2.29
|
2.58
|
2.89
|
3.24
|
3.54
|
3.84
|
65
|
.625
|
1.18
|
1.55
|
1.94
|
2.38
|
2.69
|
3.01
|
3.38
|
3.69
|
4.00
|
70
|
.645
|
1.22
|
1.60
|
2.00
|
2.46
|
2.77
|
3.10
|
3.48
|
3.81
|
4.13
|
75
|
.665
|
1.26
|
1.65
|
2.06
|
2.53
|
2.86
|
3.20
|
3.59
|
3.92
|
4.26
|
80
|
.685
|
1.29
|
1.70
|
2.12
|
2.61
|
2.95
|
3.29
|
3.7
|
4.04
|
4.38
|
85
|
0.705
|
1.33
|
1.75
|
2.19
|
2.69
|
3.03
|
3.39
|
3.81
|
4.16
|
4.51
|
90
|
0.73
|
1.38
|
1.81
|
2.26
|
2.78
|
3.14
|
3.51
|
3.94
|
4.31
|
4.67
|
95
|
0.75
|
1.42
|
1.86
|
2.33
|
2.86
|
3.23
|
3.61
|
4.05
|
4.43
|
4.8
|
100
|
0.77
|
1.46
|
1.91
|
2.39
|
2.93
|
3.31
|
3.7
|
4.16
|
4.54
|
4.93
|
Rainfall: In inches per hour
|
|
1.9
|
2.48
|
3.1
|
3.8
|
4.3
|
4.8
|
5.4
|
5.9
|
6.4
|
*
|
From U.S. Weather Bureau technical paper No. 40: "Rainfall
Frequency Atlas of the United States for durations from thirty (30)
minutes to twenty-four (24) hours and return periods from one (1)
to one hundred (100) years."
|
C. Open Dry Reservoirs.
1. Wet weather ponds or dry reservoirs shall be designed with proper
safety, stability and ease of maintenance features and shall not detain
storm water to a depth greater than four (4) feet. Depths greater
than four (4) feet can be detained provided that the reservoir is
surrounded by a chain link (or approved equal) fence and locked gate.
2. Maximum side slopes for grass-edged reservoirs shall not exceed one
(1) foot vertical for two (2) feet horizontal (2:1) unless adequate
measures are included to provide for the stability of these slopes.
3. In no case shall the limits of maximum ponding elevation be closer
than thirty (30) feet horizontally from any building and less than
two (2) feet vertically below the lowest sill elevation.
4. The entire reservoir area shall be seeded, fertilized and mulched,
sodded or paved prior to release of escrows.
D. Permanent Lakes Used For Detention.
1. Permanent lakes with fluctuating volume controls may be used as retention
areas, provided that the limits of maximum ponding elevations are
no closer than thirty (30) feet horizontally from any building and
less than two (2) feet below the lowest sill elevation of any building.
2. Maximum fluctuations from permanent pool elevation to maximum ponding
elevation shall be three (3) feet.
3. Special consideration shall be given to measures to ensure the safety
of small children in the design of permanent lakes especially when
located in residential areas.
E. Discharge Systems.[Ord. No. 5113, 2-5-2024]
1. The design discharge (Q) for the low-flow orifice shall not exceed
the limits in the following Table B (based on five percent (5%) imperviousness
and twenty (20) minute inlet time).
2. Low-flow pipes shall not be smaller than four (4) inches in diameter
to minimize maintenance and operating problems, except in parking
lot and roof retention where minimum size of opening shall be designed
specifically for each condition.
3. The overflow opening or spillway shall be designed to accept the
total peak runoff of the improved tributary area, with discharge velocity
not to exceed five (5) feet per second unless special provisions are
made.
TABLE B
|
---|
Storm Frequency Years
|
Max. Discharge Rate
in Cubic Feet Per second (CFS) Per Acre
|
---|
0.5
|
0.7
|
1
|
0.92
|
2
|
1.15
|
5
|
1.41
|
10
|
1.59
|
20
|
1.78
|
25
|
2
|
|
The maximum discharge shall be designated to take place under
total anticipated design-head conditions.
|
4. Sizing of the system below the control structure shall be for the
total improved peak runoff tributary to the structure with no allowance
for retention, with discharge velocity not to exceed five (5) feet
per second unless special provisions are made.
5. Table B shall be used in determining the proper size of discharge
facilities.
6. All storm water discharge pipes shall be computed on a 25-year rainfall
frequency at a minimum.
F. Overflow
Systems.
[Ord. No. 5113, 2-5-2024]
1. Overland flow routes or overflow systems are required for all newly
designed components of the drainage system including the inlets, pipe,
storm sewers, detention facilities and improved and unimproved channels
that function during typical rainfall events. The overflow systems
may comprise the major overflow routes such as swales, streets, floodplains,
detention basins, and natural overflow and ponding areas.
The purpose of the overflow system is to provide a drainage
path to safely pass flows, which cannot be accommodated by the design
system without causing flooding of adjacent structures, which may
result in economic losses or downstream damage.
2. The overflow system shall be designed for the 100-year, 20-minute
event, assuming the designed components of the drainage system are
completely blocked. The capacity of the overflow system shall be verified
with hydraulic calculations at critical cross-sections.
3. The low sill of all structures adjacent to the overflow system swales
shall be above the 100-year highwater elevation.
4. Where the topography will not allow for an overland flow path:
a. The storm sewer and inlet capacity shall be designed for the 100-year,
20-minute storm; and
b. If the storm pipe is smaller than thirty-six (36) inches in diameter,
a designated ponding area shall be identified, assuming the pipe is
blocked; and
c. The ponding area shall be based on the TR-55 100-year, 24-hour storm;
and
d. The low sill of all structures adjacent to the ponding area shall
be above the 100-year highwater elevation.
5. The overflow system and ponding areas shall be designated on the
drainage area map and on the grading plan. Where overflow systems
extend beyond the building setback areas, that is the overflow systems
are closer to the house, sufficient separation shall be provided from
locations where patios, swimming pools, decks, retaining walls, and
other improvements are proposed or may be constructed by future end
users.
[R.O. 2009 §25-467; Ord. No. 3931 §3, 4-19-2004]
A. Detention
facilities, when mandatory, are to be built in conjunction with the
storm sewer installation and/or grading. Since these facilities are
intended to control increased runoff, they must be partially or fully
operational soon after the clearing of the vegetation.
B. Silt
and debris connected both with early construction and with general
erosion from the site and elsewhere in the watershed after construction
shall be removed periodically from the detention area and control
structure in order to maintain close to full storage capacity.
C. The
responsibility of maintenance of the detention facilities in subdivision
projects shall remain with the developer until such times as applicable
escrows are released. Upon release of escrows the maintenance responsibility
shall be vested in the trustees of the subdivision by virtue of the
trust indenture. The indenture of the trust shall clearly indicate
resident responsibility for maintenance in cases of projects without
common ground.
D. The
responsibility of maintenance of the detention facilities in single
owner development projects shall remain with the general contractor
until final inspection of the development is performed and approved
and a legal certificate of occupancy is issued. After legal occupancy
of the project, the maintenance of detention facilities shall be vested
with the owner of the project.
E. Prior
to the issuance of any building permit for any development, the owner(s)
of the site must execute a maintenance agreement that shall run with
the land and be binding on all subsequent owners of land served by
the storm water detention facilities. The agreement shall provide
for access to the detention facilities and the land it serves at reasonable
times for periodic inspection by the City or the City's designee to
ensure that the detention facilities are maintained in proper working
condition to meet the City's storm water requirements. The maintenance
agreement shall be recorded with the St. Louis County Recorder of
Deeds, and a recorded copy of the agreement shall be provided to the
City by the owner prior to issuance of any building permit. A copy
of the required maintenance agreement is on file at the office of
the Director of Planning and Development.
[Ord. No. 5113, 2-5-2024]
F. The
owner(s) of any development site shall be responsible for maintaining
storm water detention facilities in an effective state as determined
in the sole judgment of the City after completion of construction.
[Ord. No. 5113, 2-5-2024]
G. Occupancy
permits shall not be granted until all storm water detention facilities
have been inspected and approved by the City.
[Ord. No. 5113, 2-5-2024]
[R.O. 2009 §25-468; Ord. No. 3931 §3, 4-19-2004]
A. The
Building Department shall make inspections as hereinafter required
and either shall approve that portion of the work completed or shall
notify the permittee wherein the work fails to comply with the grading,
erosion and sediment control plan as approved. Plans for grading,
stripping, excavating and filling work bearing the stamp of approval
of the Building Department of Brentwood shall be maintained at the
site during the progress of the work. To obtain inspections, the permittee
shall notify the Building Department of Brentwood at least one (1)
working day before the following:
2. Installation of sediment and erosion measures;
3. Completion of site clearing;
4. Completion of rough grading;
5. Completion of final grading;
6. Close of the construction season;
7. Completion of final landscaping.
B. The
permittee or his/her agent shall make regular inspections of the land
disturbance site, including all erosion and sediment and other pollutant
control measures, outfalls and off-site receiving waters, in accordance
with the inspection schedule outlined in the approved SWPPP. Inspections
must be scheduled at least once per week and no later than seventy-two
(72) hours after heavy rain. The purpose of such inspections will
be to ensure proper installation, operation and maintenance of BMPs
and to determine the overall effectiveness of the SWPPP and the need
for additional control measures. All inspections shall be documented
in written form on weekly reports with copies submitted to the Building
Department of Brentwood at the time interval specified in the permit.
The inspection reports are to include the following minimum information:
1. Inspector's name and signature;
3. Observations relative to the effectiveness of the BMPs;
4. Actions taken or necessary to correct deficiencies; and
5. A listing of areas where land disturbance operations have permanently
or temporarily stopped.
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In addition, the permittee shall notify the site contractors
responsible for any deficiencies identified so that deficiencies can
be corrected within seven (7) calendar days of the weekly inspection
report.
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C. The Building Department shall make inspections as deemed necessary to ensure the validity of the reports filed under Subsection
(B) or to otherwise ensure proper installation, operation and maintenance of storm water BMPs and to determine the overall effectiveness of the SWPPP and the need for additional control measures.
[R.O. 2009 §25-469; Ord. No. 3931 §3, 4-19-2004]
A. Stop Work Order, Revocation Of Permit. In the event that
any person holding a site disturbance permit pursuant to this Division
violates the terms of the permit or implements site development in
such a manner as to materially adversely affect the health, welfare
or safety of persons residing or working in the neighborhood or development
site so as to be materially detrimental to the public welfare or injurious
to property or improvements in the neighborhood, the Building Department
may suspend or revoke the site disturbance permit.
B. Violation And Penalties. No person shall construct, enlarge, alter, repair or maintain any grading, excavation or fill or, cause the same to be done, contrary to or in violation of any terms of this Division. Any person violating any of the provisions of this Division shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this Division is committed, continued or permitted, shall constitute a separate offense. Upon conviction of any such violation, such person, partnership or corporation shall be punished in accordance with Chapter
100, Section
100.080 of the Brentwood City Code for each offense. In addition to any other penalty authorized by this Section, any person, partnership or corporation convicted of violating any of the provisions of this Division shall be required to bear the expense of such restoration.
C. Project Closure Requirements. Any site development escrows
or bonds will be not be fully released to the site operator or permittee
until all of the following have been completed:
1. All temporary storm water control BMPs have been removed and the
site has been fully stabilized.
2. All permanent storm water control BMPs have been completed.
3. All final inspections/certifications have been completed by each
of the government jurisdictions involved in authorizing the project.