[Ord. No. 1689 §1, 7-17-2013]
A. The
purpose of this Chapter is to control soil erosion on land that is
undergoing development for non-agricultural uses and to preserve the
natural terrain and waterways of land within the City of Dardenne
Prairie. Soil erosion may result in the loss of valuable top soil,
the degradation of water quality and the obstruction of storm water
flows in storm sewers, road ditches and natural watercourses.
B. The
provisions in this regulation are intended to promote land preservation
and 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. Application of the regulations in this document is intended
to control soil erosion and sedimentation.
C. Damages
due to conduct in violation of this Chapter shall be the sole liability
of the party or parties in violation and not of the City of Dardenne
Prairie.
[Ord. No. 1689 §1, 7-17-2013]
Any person, firm, corporation or business proposing to remove
any ground vegetation, to disturb or fill the land or to store soil
affecting five thousand (5,000) square feet or more of land within
the City of Dardenne Prairie shall apply to the City Engineer for
approval and issuance of a land disturbance permit. A land disturbance
permit may be issued as a part of a building permit. State and Federal
permit conditions that are more stringent than the requirements set
forth herein shall govern.
[Ord. No. 1689 §1, 7-17-2013]
The following definitions shall apply in interpretation and
enforcement of this Chapter unless otherwise specifically stated:
APPLICANT
Any person submitting a land disturbance permit application.
AUTHORIZED REPRESENTATIVE
A person designated in writing by the permittee to act as
the primary contact for the permittee for such matters as coordinating
on-site inspections, discussing initial inspection findings and installing
or repairing BMPs when applicable.
BEST MANAGEMENT PRACTICES (BMPs)
Erosion and sediment controls and water quality and quantity
management practices, including schedules of activities, prohibitions
of practices, maintenance procedures, and other management practices,
that are identified or referenced in the Design Manual, or are otherwise
approved by the City Engineer.
CITY ENGINEER
The City Engineer of the City of Dardenne Prairie, appointed pursuant to Chapter
115 of the Municipal Code, or any other person or persons designated by the City Administrator.
DESIGN MANUAL
Current edition of St. Charles County's design criteria for
the preparation of improvement plans.
EROSION
The wearing away of land by the action of wind, water, gravity
or ice, or any combination thereof.
FINAL STABILIZATION
The condition where all soil disturbing activities at the
site have been completed and a uniform perennial vegetative cover
with a minimum density of seventy percent (70%) has been established
on all pervious areas unless equivalent permanent stabilization (such
as riprap, geotextiles, or permanent BMPs) has been established.
ILLICIT DISCHARGE
Any discharge to the storm drainage system that is not composed
entirely of storm water, except discharges pursuant to the NPDES permit.
LAND DISTURBANCE
Any man-made change of the land surface including, but not
limited to, construction activity, tracking, removing vegetative cover,
stockpiling, excavating, filling and grading; but not including agricultural
land uses such as planting, growing, cultivating and harvesting of
crops; growing and tending of gardens; harvesting of trees; and landscaping
modifications.
LAND DISTURBANCE PERMIT
A permit issued by the City Engineer which authorizes the
applicant, as permittee, to proceed with the construction activity
described in the applicant's land disturbance permit application and
is conditioned upon strict compliance with all ordinances, rules and
regulations of the City.
NOTICE OF VIOLATION
A notice sent by the City that the construction site is in
violation of the SWPPP requirements and that the person to whom the
notice is addressed is subject to a penalty.
NOTICE TO CORRECT
A notice sent by the City that the construction site is in
violation of the SWPPP requirements and providing for a seven (7)
day corrective action period.
NPDES PERMIT
The permit for storm water discharges from Municipal Separate
Storm Sewer Systems (MS4s) issued to the City of Dardenne Prairie
by the Missouri Department of Natural Resources under the National
Pollutant Discharge Elimination System (NPDES), which authorizes the
discharge of storm water from construction or development sites.
OWNER
The named property owner as indicated by the records of the
Recorder of Deeds of St. Charles County, Missouri.
PERMITTEE
Any person who has applied for and is subsequently issued
a permit.
PERSON
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity, including their legal representatives,
agents, or assigns.
POLLUTANT
Any substance or material which contaminates or impedes the
flow of water including, but not limited to, dredged spoil, spoil
waste, incinerator residue, filter backwash, domestic or industrial
wastewater, septic waste, sewage, garbage, refuse, junk, sewage sludge,
munitions, chemical waste, biological materials, radioactive materials,
heat, wrecked or discarded equipment, rock, sand, soil, sediment,
yard waste, industrial or household hazardous waste, hazardous substance,
pesticide, fertilizer, concrete truck washout, used oil, antifreeze,
litter, and industrial, municipal, or agricultural waste.
PUBLIC RIGHT-OF-WAY
Any public street, alley, sidewalk, public way or public
ground within the City.
RUNOFF
That part of rainfall that flows off the land into streams
or other surface waters.
SEDIMENT
Any rock, sand, or soil transported or removed from its place
of origin as a result of erosion, sedimentation, or human activities.
SEDIMENTATION
The process by which eroded material is transported and deposited
by the action of wind, water, ice or gravity, or as a result of human
activities.
STOP WORK ORDER
An order by the City Engineer to cease any construction activity
occurring at or within the development site, whether or not such activity
was permitted by this Chapter. Upon issuance of a stop work order,
no further construction activity may be commenced at the site until
the violation or compliance failure is corrected, with the exception
of measures to correct the violation.
STORM DRAINAGE SYSTEM
Any conveyance, system of conveyances, or other structure,
including, but not limited to, any roads with drainage systems, public
streets, private roadways, sidewalks, catch basins, curbs, gutters,
ditches, inlets, piped storm drains, pumping facilities, natural and
man-made or altered drainage channels, reservoirs, or other storm
water storage facilities designed or used for collecting or conveying
storm water, and which is not used for collecting or conveying industrial,
sanitary or wastewater sewage.
STORM WATER
Storm water runoff, snow melt runoff, and surface runoff
and drainage.
STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
A SWPPP will identify the sources of pollution that affect
the quality of storm water discharges from a site and describe and
ensure the implementation of practices to reduce pollutants in storm
water discharges. A SWPPP is required to be approved by the City Engineer
prior to the issuance of a land disturbance permit for sites greater
than one (1) acre as set forth in this Chapter.
SUBSTANTIAL RAIN EVENT
A rain event which has a rainfall intensity that causes erosion
or a rain event that exceeds one (1.00) inch in a twenty-four (24)
hour period.