[Ord. No. 1689 §1, 7-17-2013]
A.
For land disturbance activities on sites greater than one (1) acre, two (2) sets of a Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the City Engineer for initial review along with the completed application required in Subsection (4) herein and the plan review fee. Additional copies of the plan shall be requested upon review by the City Engineer for review and approval. The review fee for the plans shall be per the fee schedule for services, permit applications, plan reviews, inspections, rezonings and conditional uses, which is on file in the office of the City Clerk. Initially submitted plans must include all items in Subsections (1) and (2) of this Section and must be supplemented by all items in Subsection (3) of this Section prior to issuance of any permit, unless an item is waived pursuant to Section 412.070.
1.
General information.
a.
Name, address and telephone number of property owner and permittee.
b.
Permittee's legal interest in the land.
c.
Property address and location map of land disturbance property.
d.
Property boundaries and adjacent property owners.
e.
A site map showing the outlines of the total project area and land
disturbance areas.
f.
Total acreage of site or property.
g.
Total acreage of land disturbance.
h.
Name and address of engineering firm or engineer.
i.
Existing land use and zoning.
j.
U.S.G.S. benchmark source and site benchmark on U.S.G.S. datum.
k.
Plotted no larger than on twenty-four (24) inch by thirty-six (36)
inch paper at an appropriate horizontal scale between one (1) inch
equals two hundred (200) feet and one (1) inch equals ten (10) feet.
l.
Topographic survey of physical features to at least twenty-five (25)
feet beyond the land disturbance activity area where applicable.
m.
Existing surface contours at interval no greater than two (2) feet
to at least twenty-five (25) feet beyond the land disturbance activity
area where applicable.
n.
FEMA flood panel number and delineation of 100-year floodplain and
floodway.
o.
Location of soil types, wooded areas, watercourses, wetlands, surface
water bodies (with names), temporary and permanent BMPs and soil borings.
Description of the BMPs to be utilized to control erosion and sedimentation
during the period of land disturbance. A table is to be provided that
lists each BMP to be utilized and the quantity of each (the quantity
for silt fence, etc. is to be listed in linear footage). Label each
BMP in the table as temporary or permanent. Identify potential sources
of pollution, waste and construction materials expected to be stored
on site and a description of the BMPs to be utilized to prevent the
potential pollutants (construction wastes, toxic or hazardous substances,
petroleum products, paints, solids, pesticides, herbicides, site litter,
sanitary wastes, etc.) from entering the natural drainageways and/or
waters of the U.S. during and after the period of construction and
land disturbance.
p.
Location of all underground and aboveground utilities, including
pipelines operated at a service pressure in excess of two hundred
(200) psig.
q.
Delineation of the trees to be preserved and delineation of the vegetative
buffer plan. Description of the 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 with
provisions for protection during construction, maintenance and easements.
r.
Field surveyed natural watercourses showing top and toe of banks.
s.
Location of stabilized temporary off-street parking, wash-down, and
maintenance area for related vehicles. Proposed stabilized access
to the site either from public right-of-way under a permit issued
by the governing agency or through private property under an easement
or license (attach copy of permit, easement or license).
t.
All proposed permanent improvements to be constructed as part of
the land disturbance activity.
u.
Certification that the permittee is familiar with and agrees to comply
with the terms and conditions provided in the SWPPP.
v.
Authorization for the City to inspect the property at reasonable
times.
w.
Proposed surface contours at intervals no greater than two (2) feet
to at least twenty-five (25) feet beyond the land disturbance activity
area with details of the site drainage pattern both before and after
the land disturbance activities and sources of off-site borrow material
or spoil sites, and all information relative to haul routes, trucks
and equipment.
x.
Land disturbance activity notes, which include provisions for industrial
activities like temporary, on-site, concrete or asphalt batch plants,
special measures that may need to be taken to ensure conformance with
the required total maximum daily load (TMDL) on the implementation
plan for developments located in an area draining to a water body
that has been listed on Missouri's impaired water body list and a
note stating that the contractor shall contact the City Engineer to
request inspection of the site at least two (2) days in advance of
construction start-up.
y.
Construction details.
z.
Signature, seal and date of a licensed professional engineer and
his (her) statement identifying sources of topographical information.
aa.
A signed statement by the permittee assuming full responsibility
for the performance of the land disturbance activities and that all
State, County, City and private property or roads will be adequately
protected.
ab.
Other items as required in the Design Manual or as required by the
City Engineer.
2.
Specific design information.
a.
A geotechnical report identifying the United States Department of
Agriculture soil textures throughout the site; slope stabilization
analysis for cut and fill slopes; and other pertinent data related
to erosion or sediment concerns during land disturbance activities.
b.
The sequence of all land disturbance activities including those listed
below, and all installations of erosion and sediment controls listed
below, shall be shown on construction plans:
(1)
Stripping and clearing;
(2)
After changes in drainage courses;
(3)
Construction of underground infrastructure;
(4)
Construction of structures, such as buildings, pavement, retaining
walls;
(5)
Final grading; and
(6)
Landscaping.
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The City Engineer may require that separate construction plans
be submitted for separate phases of the project.
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c.
Stabilization of any stream bank erosion problems existing in natural
watercourses that are to be left undisturbed, that may jeopardize
private lots, public utilities or detention facilities.
d.
Details of any temporary drainage system proposed to be installed
in connection with any and all phases of land disturbance activity.
e.
Details of proposed water impoundment structures, embankments, sediment
or debris basins, grass or lined waterways and diversions with the
details and locations of proposed stable outlets and the location
of any downstream impoundments which could be affected by the proposed
land disturbance activities with 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 implanted and effective.
f.
Location of construction traffic entrance and wash-off pad.
g.
Description of erosion and sediment controls that will be installed prior to and during land disturbance activity to control pollutants in storm water discharges, along with drainage area map with appropriate pre-development, appropriate interim and post runoff calculations for each proposed storm water conveyance system and erosion and sediment control. (Calculations shall conform to Article IV of this Chapter.)
h.
Drawing depicting the runoff travel paths, which are the route taken by a drop of effective rainfall falling at the most hydraulically remote point to the outlet of a drainage basin to determine the time of concentration used in Subsection (2)(g) above. Provide calculations for time of concentration and composite curve number (CN) for pre-developed watersheds.
i.
Description and location of permanent erosion and sediment controls
after land disturbance activities have ended.
j.
Narrative. The narrative shall describe the BMPs
to be implemented to control erosion, sedimentation, and pollutants,
both on- and off-site. Emphasis shall be placed on the prevention
of erosion using vegetative or non-structural control measures. The
narrative must address all phases of the construction activity (e.g.
initial grading, infrastructure, building phase of development, and
final stabilization) and include:
(1)
Start and completion dates;
(2)
A schedule and sequence of all phases of the construction activity;
(3)
A list of proposed BMPs;
(4)
The construction details, application schedule, and procedures
for proposed BMPs;
(5)
The operations and maintenance program for proposed BMPs;
(6)
The name of the authorized representative or individual responsible
for inspecting BMPs, including office address and telephone number(s)
for twenty-four (24) hour a day contact;
(7)
A contingency plan if unforeseen erosion or sedimentation problems
arise, including emergency situations caused by storms;
(8)
A description of procedures to prevent, contain, and respond
to illicit discharges and spills that may impact the storm drainage
system; and
(9)
Any features of the site which may be particularly vulnerable
to erosion, such as ridge tops, swales, and soil types, and any specific
BMPs implemented for these features.
3.
Other required submittals. Other items, if applicable,
must be submitted prior to issuance of a land disturbance permit.
a.
Alternative material and vendor specifications for erosion and sediment
control devices.
b.
Other City of Dardenne Prairie permits, such as floodplain development
permit, special use permit, demolition permit and building permit
for retaining walls.
c.
Permits from other governmental agencies, such as United States Army
Corps of Engineers Section 404 permit and Missouri Department of Natural
Resources Section 401 permit.
d.
Missouri Department of Natural Resources land disturbance permit.
f.
Executed easements needed for land disturbance activities or access.
4.
Any person requesting a land disturbance permit on sites covering
at least five thousand (5,000) square feet shall submit to the City
Engineer a completed application on the form prepared by the City
Engineer and containing the following:
a.
Name, address and telephone number of property owner and permittee.
b.
Permittee's legal interest in the land.
c.
Property address and location map of land disturbance property.
d.
Property boundaries and adjacent property owners.
e.
A site map showing the outlines of the total project area and land
disturbance areas.
f.
Total acreage of site or property.
g.
Total square footage of land disturbance.
h.
Existing land use and zoning.
i.
Signature, seal and date of a licensed professional engineer on the
site map.
j.
A signed statement by the permittee assuming full responsibility
for the performance of the land disturbance activities and that all
State, County, City and private property or roads will be adequately
protected.
k.
Other items as required in the Design Manual or as required by the
City Engineer.
[Ord. No. 1689 §1, 7-17-2013]
The applicant may request a waiver of specific plan submittal
requirements to the City Administrator. The City Administrator, upon
recommendation from the City Engineer, may grant the request for a
waiver upon the determining that the item to be waived is not applicable
to the project under review or that the request for a waiver is justified
and that the remaining information on the submitted plans is sufficient
to show that the work will comply with the objectives and principles
of this Chapter.
[Ord. No. 1689 §1, 7-17-2013]
A.
In
order to obtain a land disturbance permit for sites greater than one
(1) acre, the applicant must insure or guarantee the stabilization
of the site upon completion or stoppage of the land disturbance activity.
1.
Instruments of performance guarantee. The applicant
shall post an escrow agreement, lender's agreement or (for amounts
of five thousand dollars ($5,000.00) or less) a certified check with
the City Clerk in the amount established in this Section.
2.
Amount of performance guarantee.
a.
Except as provided hereafter in this Section, the amount of the performance
guarantee shall be determined from the estimated land disturbance
acreage rounded up to the nearest tenth (0.1) of an acre times the
cost per acre according to the following schedule:
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Land Disturbance Acreage
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Cost per Acre
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<5.0
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$3,000.00
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5.0 — 20.0
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$2,500.00
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>20.0
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$2,000.00
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b.
However, additional amounts will be required equal to the costs of
other proposed construction items referenced in Section 412.060(1)(t)
and/or (2)(b).
c.
Alternatively, the applicant may post a performance guarantee in
an amount determined by a line-item cost estimate for all erosion
and sediment controls and other proposed construction items referenced
in Section 412.060(1)(t) and/or (2)(b).
3.
Release of performance guarantee funds.
a.
The Board of Aldermen may authorize release up to fifty percent (50%)
of any performance guarantee funds upon confirming by inspection that
all erosion and sediment controls and other proposed construction
items referenced in Section 412.060(1)(t) and/or (2)(b) are in place
and functioning properly, including establishment of vegetation.
b.
The Board of Aldermen may authorize release up to ninety percent
(90%) of any performance guarantee funds subject to an escrow or lender's
agreement upon confirming by inspection that vegetation has been established
and ongoing maintenance has been provided for all installed erosion
and sediment controls. However, the amount retained shall not be reduced
to less than the cost of maintaining the erosion and sediment controls.
c.
The Board of Aldermen shall authorize release of all remaining performance
guarantee funds only when the City Engineer certifies that all land
disturbance work has been completed and all soil subject to the land
disturbance permit is stabilized, including permanent vegetation.
[Ord. No. 1689 §1, 7-17-2013]
A.
A land
disturbance permit shall be issued by the City Engineer only if:
[Ord. No. 1689 §1, 7-17-2013]
A.
Unless
a permittee transfers a land disturbance permit as provided herein,
that permittee remains bound by the terms of that permit even after
transfer of ownership of land subject to it. A land disturbance permit
may be transferred only if all of the following conditions are met.
2.
The City Engineer must determine from the request and supporting
documentation that the area to be transferred includes substantially
all of any drainage basin or basins wholly or partly within the area
subject to the originally issued permit and give permittee and transferee
written mail notice of that determination.
3.
The transferee must submit to the City Engineer:
a.
An executed escrow or lender's agreement or certified check (as provided in Section 412.080 above); and
b.
A copy of the Missouri Department of Natural Resources land disturbance
permit ownership transfer documentation per 10 CSR 20-6.200 for the
same transfer (no City of Dardenne Prairie permit may be transferred
without this document).
[Ord. No. 1689 §1, 7-17-2013]
A.
For
land disturbances greater than one (1) acre, it is the responsibility
of the permittee to ensure that the following items are performed
prior to construction start-up, unless deemed non-applicable to the
project by the City Administrator.
1.
Schedule a pre-construction conference with the City Engineer prior
to the start of each construction phase of land disturbance activity
including installation of the temporary construction entrance. The
permittee will be responsible for notifying all contractors and other
entities, including utility crews that will perform work at the site,
to be in attendance.
2.
Supply in writing to the City Engineer the name and telephone number
of all contractors and subcontractors and a twenty-four (24) hour
telephone number of the permittee's designated agent supervising and
directing all land disturbance activities on-site.
3.
Stake and post signs of tree preservation areas per the approved
land disturbance plan and/or grading plan for the site and vegetated
buffer areas per the approved land disturbance plan and/or grading
plan for the site.
4.
Identify in writing each erosion and sediment control product that is not a specification authorized by Article IV of this Chapter and submit manufacturer specifications and installation techniques for approval by the City Engineer for performance equivalency with City of Dardenne Prairie specifications.
5.
Identify proposed good housekeeping practices to control general
site pollutants, such as construction wastes, site litter, construction
debris, dust and sanitary wastes.
6.
Identify toxic or hazardous substances, petroleum products, pesticides,
herbicides and other pollutants that will be used on-site. Identify
pollution control method for each substance and submit an emergency
management plan for responding to any loss of toxic materials due
to a containment failure. This plan must include documentation of
actions and mandatory reporting to the Saint Charles County Division
of Environmental Services, Solid Waste Enforcement.
7.
Provide a location map depicting any proposed borrow or fill sites
in the City of Dardenne Prairie and the proposed truck haul routes
through the City of Dardenne Prairie.
[Ord. No. 1689 §1, 7-17-2013]
A.
Field Modifications. The permittee shall modify already
approved plans or modify descriptions of pollution prevention methods
in any of the following circumstances.
1.
Inspections by the City Engineer or by the Missouri Department of
Natural Resources indicate deficiencies.
2.
Inspections by the permittee indicate deficiencies.
3.
Either the permittee or the City Engineer determines that the current
installations are ineffective in significantly minimizing or controlling
erosion of land or sedimentation in streams or lakes.
4.
Either the City Engineer or the Missouri Department of Natural Resources
determines that total settleable solids from a storm water outfall
exceeds two and one-half (2.5) milliliters per liter per hour (ml/L/hr)
or one-half (0.5) ml/L/hr in the event the land disturbance activity
is within a valuable water resource area as determined by the Missouri
Department of Natural Resources.
5.
Either the City Engineer or the Missouri Department of Natural Resources
determines that violations of Water Quality Standards 10 CSR 20-7.031(3)
may occur or have occurred.
6.
Either the City Engineer or the Missouri Department of Natural Resources
determines that the pollution prevention methods submitted to the
City Engineer, as required by this Chapter, are 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.
B.
Submittal Of Amended Plans. The permittee shall submit for
the City Engineer's approval amended plans and descriptions of pollution
prevention methods in any of the following circumstances.
1.
The permittee seeks to modify the originally approved plans for the
design, operation or maintenance of erosion and sediment controls.
2.
The permittee modifies the design for the construction project for
which the permittee submitted those originally approved plans, so
as to significantly affect the quality of storm water discharges.
3.
The City Engineer determines that the temporary facilities or erosion
and sediment controls installed according to approved plans fail to
meet performance standards imposed by these regulations and that those
failures require amendment of those plans and supporting documentation
or calculations.
[Ord. No. 1689 §1, 7-17-2013]
A.
City Of Dardenne Prairie Inspections.
1.
The permittee consents to the City of Dardenne Prairie inspecting
the proposed development site and all work in progress and to payment
of additional administration and inspection fees. In order to recoup
the actual costs for administration and field inspection of land disturbance
and erosion control at the development site, the costs associated
with administration of the land disturbance permit and associated
field inspections shall be reimbursed to the City based on periodic
billings to the permittee.
2.
The City Engineer shall make inspections and notify the permittee
in writing when the work fails to comply with the conditions of the
land disturbance permit.
3.
The permittee shall notify the City Engineer at least two (2) working
days before the following activities to obtain timely inspection:
a.
Establishment of tree preservation and stream buffer boundaries.
Refer to Section 412.110(3);
b.
Start of land disturbance or construction;
c.
Installation of erosion and sediment controls;
d.
Completion of site clearing;
e.
Completion of rough grading;
f.
Completion or suspension of final land disturbance activity;
g.
Close of the construction season; and
h.
Completion of final landscaping.
4.
The City Engineer shall inspect the property periodically for compliance with these regulations and after any notice to correct issued pursuant to Subsection (B) of Section 412.140. The City Engineer may inspect the property upon receipt of a citizen complaint concerning erosion or sediment control issues.
B.
Permittee Inspections And Reporting.
1.
The permittee shall make regular inspections of the permitted site,
observing all erosion and sediment control and other pollutant control
measures, outfalls and off-site receiving waters. The inspections
must be conducted by a person knowledgeable in the principles and
practice of erosion and sediment controls, who possess the skills
to assess conditions at the construction site that could impact storm
water quality and to assess the effectiveness of the erosion and sediment
controls used.
2.
Inspections must be made by the permittee at least once per week
and no later than two (2) days after a substantial rain event. A reduction
in the weekly inspections may be waived by the City Administrator
upon recommendation of the City Engineer for the following reasons:
3.
For land disturbances greater than one (1) acre, inspections by the
permittee shall be documented in written form on reports with copies
submitted to the City Engineer at the time interval specified in the
permit. A report of each inspection shall be kept on-site by the permittee
if possible. Otherwise, the inspection form will be retained by the
permittee at its closest business office located within the City of
Dardenne Prairie. Falsification of reports is in violation of the
permit and cause of immediate suspension or revocation of the permit.
The inspection reports are to include the following minimum information:
a.
Inspector's name and signature;
b.
Date of inspection;
c.
Observations relative to the effectiveness and deficiencies of the
erosion and sediment controls and other pollution prevention controls;
d.
Actions taken or necessary to correct deficiencies, including the
log of field changes to the approved plan during the period covered
by the report;
e.
A listing of areas where land disturbance activities have permanently
or temporarily stopped; and
f.
Storm water sampling information and analytical results, when applicable.
4.
The permittee shall be responsible for correcting any deficiencies
identified within seven (7) calendar days of the date of inspection
required by this Subsection identifying these deficiencies.
5.
The City Engineer shall make additional inspections as necessary
to ensure the validity of the reports filed and, where applicable,
to confirm the correction of reported deficiencies.
[Ord. No. 1689 §1, 7-17-2013]
A.
Violations.
1.
It shall be a violation of this Chapter to construct, enlarge, alter,
repair or maintain any land disturbance activity, excavation or fill,
or cause the same to be done, contrary to any provision of this Chapter.
2.
It shall be a violation of this Chapter to fail to install and maintain
any erosion and sediment control measures and systems authorized and
required by a duly issued land disturbance permit.
3.
It shall be a violation of this Chapter to fail to comply timely with any notice to correct issued pursuant to Subsection (B) of this Section or correct timely any deficiencies identified by the permittee pursuant to Section 412.130(B)(4) above.
4.
The need to halt or reduce the permitted construction or grading
activity in order to maintain compliance with the permit conditions
shall not be a defense to the permittee in an enforcement action.
B.
Notice To Correct, Notice Of Violation And Service Of Notices.
1.
Upon confirming any violation or deficiency, the City Engineer shall
issue a written notice to correct directing abatement of those violations
and/or correction of that deficiency within seven (7) calendar days.
The notice shall state that failure to comply with its terms shall
constitute an additional violation of this Chapter.
2.
Upon confirming failure to comply timely with any notice to correct, the City Engineer shall issue a written notice of violation, including a stop work order and notice of fines as authorized by Subsection (C) of this Section.
3.
Notwithstanding the foregoing provisions of this Subsection, when the City Engineer finds that any person has undertaken land disturbance activity without a land disturbance permit required by this Chapter, the City Engineer shall issue a notice of violation including a stop work order and notice of fines as authorized by Subsection (C) of this Section and such fines shall accrue from the day on which such unauthorized land disturbance commenced.
4.
The City Engineer shall serve any written notice authorized by this
Subsection by posting one (1) copy at the work site and by hand-delivering
or mailing other copies to any and all persons responsible for the
violation or deficiency.
C.
Enforcement.
1.
Stop work order. The City Engineer shall also have
the right to stop all or any part of the construction activities and
development until all corrections set out in such notice have been
satisfactorily made. To that end, the City Engineer shall issue and
post on the site a written order directing that such construction
activities and development be stopped immediately and shall serve
that written order upon any person, firm, corporation or business
engaged in such construction activities and development at the site
that is the subject of the violation. Every day that such work continues
shall constitute a separate violation. This Chapter does not preclude
remedies available under Federal, State or common law.
2.
Forfeiture of performance guarantee. In the event of a violation or deficiency that is not resolved in a reasonable time, the performance guarantee proceeds may be used by the City of Dardenne Prairie to install pollution prevention controls to stabilize the site subject to the land disturbance permit. Prior to resumption of work, permittee must post a new performance guarantee in an amount determined pursuant to Section 412.080.
3.
Fines. Any person responsible for a violation of
this Chapter shall be guilty of a misdemeanor and liable for a fine
not to exceed one thousand dollars ($1,000.00) a day. Every day that
such violation is ongoing shall constitute a separate violation.
4.
Enforcement. It shall be the duty of the City Engineer
to enforce this Chapter. In discharging that duty the City Engineer
may request and shall receive, so far as may be necessary in the discharge
of that duty, the assistance and cooperation of other City of Dardenne
Prairie Officials.
5.
Actions for fines and injunctive relief. In the
event of a violation, the City Engineer may request the City Attorney
to institute in the Municipal Court an appropriate action for fines
and injunctive relief against the person or persons responsible for
that violation.
[Ord. No. 1689 §1, 7-17-2013]
The City Engineer shall close land disturbance permits upon
permittee's stabilization of all soil at the site subject to the permit
and release the entire performance guarantee as authorized in Section
412.080(3).
