[R.O. 2001 § 510.010; Ord. No. 08-03 §§ 1 – 2, 3-18-2008]
A. 
Title. These regulations shall be known as the "Land Disturbance Code" of Clarkson Valley, 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 Clarkson Valley. 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 Clarkson Valley.
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 Clarkson Valley, Missouri.
E. 
Definitions. 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.
BEST MANAGEMENT PRACTICES or BMP
Practices, procedures or a schedule of activities to reduce the amount of sediment and other pollutants in stormwater 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.
EROSION CONTROL
Any best management practices (BMPs) that prevent or minimize erosion.
GRADING
Reshaping the ground surface through excavation and/or fill of material.
LAND DISTURBANCE ACTIVITIES
Clearing, grading or any related work 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.
LAND DISTURBANCE, MAJOR
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.
LAND DISTURBANCE, ORDINARY
Any land disturbance activity involving less than one (1) acre of land.
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 stages, with the stabilization of each phase substantially completed before the clearing of the next.
QUALIFIED PROFESSIONAL
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.
RUNOFF COEFFICIENT
The fraction of total rainfall that exits at the outfalls from a site.
SEDIMENT CONTROL
Any best management practices (BMPs) that prevent eroded sediment from leaving a site.
STABILIZATION
The use of best management practices (BMPs) that prevent exposed soil from eroding from a land disturbance site.
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 best management practices (BMPs) in order to reduce the amount of sediment and other pollutants in stormwater 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.
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. 2001 § 510.020; Ord. No. 08-03 §§ 1 – 2, 3-18-2008]
A. 
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 this Section.
B. 
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 Clerk.
C. 
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 Clerk.
D. 
Clarkson Valley Building Permit And Related Land Disturbance Activities. The Building Commission 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.
E. 
Limitation On Transfer Of Land Disturbance Permits. Any person who buys land from a person who has been issued a land disturbance permit under this Section of this Code must obtain a separate land disturbance permit from Clarkson Valley.
1. 
Exceptions:
a. 
Major land disturbance permits may be transferred to a new landowner provided the original permit holder obtains the approval of the Building Commissioner to retain responsibility for the land disturbance activities on such property.
b. 
Ordinary land disturbance permits may be transferred to a new landowner provided the original permit holder obtains the approval of the Building Commissioner to retain responsibility for the land disturbance activities on such property.
F. 
Exceptions — Land Disturbance Permits Not Required. Land disturbance permits are not required for the activities identified in Subsection (F)(1) and (8), nor are such permits required for the activities identified in Subsection (F)(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 (1) 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. 
Excavation or fill of less than thirty (30) cubic yards 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 means are used.
4. 
Land disturbance activities associated with additions to and accessory structures.
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 seedbed; 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 seedbed shall not exceed thirty (30) cubic yards.
7. 
Gardening and similar activities on property occupied by one-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.
G. 
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 Clarkson Valley 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.
[R.O. 2001 § 510.030; Ord. No. 08-03 §§ 1 – 2, 3-18-2008]
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. Such applications shall include proof that proposed land uses have received zoning approvals from the City.
B. 
Storm Water Pollution Prevention Plan (SWPPP) Required 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 to cover all costs of improvements, landscaping, and maintenance of improvements for such period as specified by the office of the Building Commissioner. 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.
D. 
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:
1. 
All temporary stormwater control best management practices (BMPs) have been removed and the site has been fully stabilized.
2. 
All permanent stormwater control best management practices (BMPs) have been completed.
3. 
All final inspections/certifications have been completed by each of the government jurisdictions involved in authorizing the project.
[R.O. 2001 § 510.040; Ord. No. 08-03 §§ 1 – 2, 3-18-2008]
Issuance Of Permits. Land disturbance permits shall be in accordance with the fee rates established in Section 500.301 of this Code and shall not be issued until the fees associated with the permit are paid to the City.
[R.O. 2001 § 510.050; Ord. No. 08-03 §§ 1 – 2, 3-18-2008]
A. 
Content — Storm Water Pollution Prevention Plan (SWPPP). The design requirements in Section 510.060 of this Article 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, overall, be responsible and in 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 flood plains, locations of temporary and permanent best management practices (BMPs) and such other information as the City 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, 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.
5. 
A natural resources map identifying soils, forest cover, and resources protected under other provisions of the City's Code.
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 grading quantity.
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 (BMPs) to be utilized to control erosion and sedimentation during the period of land disturbance.
11. 
Description of best management practices (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.
12. 
Description of best management practices (BMPs) that will be installed during land disturbance to control pollutants in stormwater 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 (BMPs), removal of temporary best management practices (BMPs), stripping and clearing; rough grading; construction of 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 Article 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 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.
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 permittee will take in case of a containment failure. This plan must include documentation of actions and mandatory reporting to the office of the Building Commissioner.
20. 
Schedules and procedures for routine inspections of any structures provided to prevent pollution of stormwater or to remove pollutants from stormwater and of the site in general to ensure all best management practices (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 best management practices (BMPs) is changed;
2. 
Design of the construction project is changed that could significantly affect the quality of the stormwater discharges;
3. 
Site operator's inspections indicate deficiencies in the Storm Water Pollution Prevention Plan (SWPPP) or any best management practices (BMPs);
4. 
Inspections by the City or by the Missouri Department of Natural Resources indicate deficiencies in the Storm Water Pollution Prevention Plan (SWPPP) or any best management practices (BMPs);
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 stormwater 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 Missouri Department of Natural Resources;
8. 
Total settleable solids from a stormwater outfall exceeds two and one-half (2.5) ml/L/hr for any other outfall; or
9. 
The City of Clarkson Valley or the Missouri Department of Natural Resources determines violations of water quality standards may occur or have occurred.
C. 
The permittee shall:
1. 
Notify all contractors and other entities (including utility crews, County 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 (BMPs);
2. 
Determine the need for and establish training programs to ensure that all site workers have been trained, at a minimum, in erosion control, material handling and storage, and housekeeping;
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 (BMPs); and
4. 
Maintain a current copy of the Storm Water Pollution Prevention Plan (SWPPP) on the site at all times.
[R.O. 2001 § 510.060; Ord. No. 08-03 §§ 1 – 2, 3-18-2008]
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 Commissioner.
B. 
Cut and fill slopes shall be no greater than 3:1 except as approved by the Building Commissioner 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 Sections of the City's Code.
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 Commissioner.
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 ten (10) acres, with the size of each phase to be established at plan review and as approved by the Building Commissioner.
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 Commissioner 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 or within the total time allowed for the permit which shall be three (3) months.
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 design requirements shall include:
1. 
Settling basins, sediment traps, or tanks and perimeter controls.
2. 
Settling basins shall be provided for each drainage area within 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 two-year, twenty-four-hour storm. If the provision of a basin of this size is impractical, other similarly effective best management practices (BMPs), as evaluated and specified in the Storm Water Pollution Prevention Plan (SWPPP), shall be provided.
3. 
Settling basins shall be designed in a manner that allows adaptation to provide long-term stormwater management, as required by the Building Commissioner.
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 Commissioner 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 stormwater conveyances shall be designed according to the criteria of the St. Louis Metropolitan Sewer District (MSD) and the necessary MSD 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 land disturbance sites including a wash-down area supporting all active sites.
2. 
Other measures required by the Building Commissioner in order to ensure that sediment is not tracked onto public/private streets by construction vehicles 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 Commissioner, 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 water and groundwater.
2. 
Collection and disposal of discarded building materials and other construction site wastes, including those listed above.
3. 
Litter control.
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. 2001 § 510.070; Ord. No. 08-03 §§ 1 – 2, 3-18-2008]
A. 
The Building Commissioner shall make inspections as herein required and shall either 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 Commissioner shall be maintained at the site during the progress of the work. To obtain inspections, the permittee shall notify the City at least two (2) working days before the following:
1. 
Start of construction.
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. 
In addition to the inspections otherwise required, the Building Commissioner is authorized to perform and charge fees for extra inspections or reinspections which in his/her judgment is reasonably necessary due to non-compliance with the requirements of this Code, or work not ready or accessible for inspection when requested.
C. 
Inspections And Inspection Reports.
1. 
The permittee or his/her agent shall make regular inspections of 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 Storm Water Pollution Prevention Plan (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 best management practices (BMPs) and to determine the overall effectiveness of the Storm Water Pollution Prevention Plan (SWPPP) and the need for additional control measures. All inspections shall be documented in written form at the time interval specified in the permit. Permittee inspection reports must include the following minimum information:
a. 
Inspector's name and signature;
b. 
Date of inspection;
c. 
Observations relative to the effectiveness of the best management practices (BMPs);
d. 
Actions taken or necessary to correct deficiencies; and
e. 
A listing of areas where land disturbance operations have permanently or temporarily stopped.
2. 
The permittee shall notify the site contractor(s) responsible for any deficiencies identified so that deficiencies can be corrected within seven (7) calendar days of the weekly inspection report.
D. 
The Building Commissioner shall make inspections as deemed necessary to ensure the validity of the reports filed under Subsection (C) or to otherwise ensure proper installation, operation and maintenance of stormwater best management practices (BMPs) and to determine the overall effectiveness of the Storm Water Pollution Prevention Plan (SWPPP) and the need for additional control measures.
[R.O. 2001 § 510.080; Ord. No. 08-03 §§ 1 – 2, 3-18-2008]
A. 
Stop-Work Order — Revocation Of Permit. In the event that any person holding a grading permit pursuant to this Article 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 Commissioner may suspend or revoke the grading 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 Article. Any person violating any of the provisions of this Article shall be deemed guilty of an ordinance violation and each day during which any violation of any of the provisions of this Article is committed, continued, or permitted shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine of not more than one thousand dollars ($1,000.00) per day 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 Article shall be required to bear the expense of remediation of any damage caused thereby and restoration of best management practices (BMPs) required for the site.
C. 
Project Closure Requirement. Any site development escrows or bonds will not be fully released to the site operator or permittee until all of the following have been completed:
1. 
The site has been fully stabilized and all temporary stormwater control best management practices (BMPs) have been removed.
2. 
All permanent stormwater control best management practices (BMPs) have been completed.
3. 
All final inspections/certifications have been completed by each of the governmental jurisdictions involved in authorizing the project.