ST. LOUIS COUNTY ORDINANCES 1974, AS AMENDED TITLE XI
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PUBLIC WORKS AND BUILDING REGULATIONS
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CHAPTER 1114 - LAND DISTURBANCE CODE
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101.1 Title: These regulations shall be known as the "Land Disturbance
Code" of St. Louis County, Missouri, hereinafter referred to as "this
code."
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101.2 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.
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101.3 Purpose: The purpose of this code is to safeguard persons,
protect property, and prevent damage to the environment in St. Louis
County. 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 in St. Louis County.
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101.4 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 the unincorporated
part of St. Louis County, Missouri or any municipality in St. Louis
County contracting with the County for Land Disturbance Code enforcement.
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101.5 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.
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Best management practices or BMP: Practices,
procedures, methods, devices, 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.
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Board: The Board of Appeals or Building Commission
as provided for in Section 4.330, St. Louis County Charter.
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Borrow pit or site: An area where material
(usually soil, gravel, or sand) is excavated for use at another location.
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Clearing: Any activity that removes the vegetative surface cover
or destroys the root system.
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Code or this Code: The "Land Disturbance Code"
of St. Louis County, Missouri, as adopted by St. Louis County Ordinance.
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Commercial: A development for or consisting
of any type of use other than Residential as defined in this code.
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Community garden: A single piece of land gardened
collectively by a group of people for the purpose of growing fresh
vegetables and similar produce for their own consumption or to donate
to others.
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Construction site or land disturbance site:
A parcel or contiguous parcels, where land disturbance activities
are performed as part of a proposed development.
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County: St. Louis County, Missouri.
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Department of Health: The County Department
of Health, acting through its Director, or his/her duly authorized
designee.
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Department of Highways and Traffic: The County
Department of Highways and Traffic, acting through its Director, or
his/her duly authorized designee.
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Department of Planning: The County Department
of Planning, acting through its Director, or his/her duly authorized
designee.
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Department of Public Works: The County Department
of Public Works, acting through its Director, or his/her duly authorized
designee.
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Disaster: A disaster shall include but not
necessarily be limited to flood, windstorm, tornado, severe storm,
earthquake, bomb blast, explosion or similar natural or man-made type
event. The Code Official shall make the determination whether an event
shall be declared a disaster.
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Drainage way: Any channel that conveys surface
runoff through a site.
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Emergency: An event or occasion that requires
immediate action in order to preserve or restore the public peace,
health, safety or welfare.
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Erosion: The wearing away of land surface through
the action of wind or water.
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Erosion control: Any best management practices
(BMP) that prevents or minimizes erosion.
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Grading: Reshaping the ground surface through
excavation and/or fill of material.
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Land disturbance activities: Clearing, grading
or any related work which results in removal of the natural site vegetation
or destruction of the root zone or otherwise results in leaving the
ground surface exposed to soil erosion through the action of wind
or water.
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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.
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Land disturbance, ordinary: Any land disturbance
activity involving less than one (1) acre of land.
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Land disturbance permit: A permit issued by
the authority having jurisdiction authorizing a land disturbance activity
at a specific site subject to conditions stated in the permit. A permit
may be for any one (1) or more major or ordinary land disturbance
activities.
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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.
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Phasing: Clearing a parcel of land in distinct
stages, with the stabilization of each phase substantially completed
before the clearing of the next.
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Qualified professional: A Missouri licensed
professional engineer or person who has been tested and certified
by an independent organization as having passed an examination in
the principles and practices of erosion and sediment control and methods
to prepare SWPPPs and who is also knowledgeable in the principles
and practices of erosion and sediment control, including the best
management practices described in this code.
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Registered design professional: An individual
who is registered or licensed to practice his/her respective design
profession as defined by the statutory requirements of the professional
registration laws of the State of Missouri.
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Residential: A development for or consisting
of detached single-family dwellings, detached two-family dwellings,
or multiple single-family dwellings (townhouses).
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Runoff coefficient: The fraction of total rainfall
that exits at the outfalls from a site.
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Sediment control: Any best management practices
that prevent eroded sediment from leaving a site.
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Site construction plans: Written, graphic and
pictorial documents prepared or assembled for describing the design,
location and physical characteristic of land disturbance activities
and related features, elements, and components of a project necessary
for obtaining a land disturbance permit.
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Special inspections: Inspection requiring special
expertise of the erosion and sediment and other pollutant control
measures, outfalls, and off-site receiving waters, the purpose of
which is to ensure the proper installation, operation, and maintenance
of the best management practices (BMP) and to determine the overall
effectiveness of the storm water pollution prevention plan (SWPPP)
and the need for additional control or corrective measures.
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Stabilization: The use of best management practices
(BMP) that prevent exposed soil from eroding from a land disturbance
site.
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Start of construction: The first land disturbance
activity associated with a development.
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Stockpile: A temporary pile or storage location
on a commercial site for materials that can be used as approved fill
material under this code as future on-site fill or as fill at another
approved location for proposed development that is in the permit/review
approval process.
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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
(BMP) in order to reduce the amount of sediment and other pollutants
in storm water discharges associated with land disturbance activities,
comply with the standards of the County and ensure compliance with
the terms and conditions of the applicable state permits, including
adherence to the land disturbance program contained in Missouri MS4
NPDES permits.
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Water course: 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.
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101.6 Service to municipalities:
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101.6.1 Contracting with municipalities: The County Executive,
is hereby authorized to contract with municipalities within the County
to provide appropriate services to enforce the requirements of this
code, and further to collect fees for applicable permits and inspections
issued or made pursuant to such contracts. No contract for services
under this code shall be entered into until the municipality desiring
to contract with the County for enforcement of this code shall:
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1.
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Contract with the County for explosives code enforcement services;
and
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2.
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Adopt a code identical in substance to this code; and
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3.
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Perform the functions associated with the authority and responsibilities
of the Department of Planning identified in section 103.1 of this
code, or other mutually agreeable services; and
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4.
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Perform the functions associated with the authority and responsibilities
of the Department of Highways and Traffic identified in Section 103.3
of this code with respect to municipal streets and roadways and flood
plain administration and enforcement or other mutually agreeable services.
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101.6.2 Municipal zoning approval: Except with respect to property
owned or controlled by County, all plans for land disturbance activities
within the corporate limits of any municipality that contracts with
the County for code enforcement services shall be reviewed and approved
by the contracting municipality for compliance with its zoning or
other municipal regulatory ordinances or provisions prior to issuance
of a County permit under this code.
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102.1.
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Other laws: The provisions of this code shall not be deemed
to nullify any provisions of County, state or Federal law.
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102.2.
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Referenced standards and manuals: The standards and manuals
referenced below shall be considered a part of the requirements of
this code. Where conflicts occur between the provisions of County
ordinances, including this code, and the referenced standards and
manuals, the provisions of County ordinances shall apply.
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1.
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County's Model Best Management Practices for Land Disturbance
- Sediment and Erosion Control Manual.
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2.
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County's Design Criteria for the Preparation of Improvement
Plans Manual.
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3.
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County's Standard Specification for Highway Construction
Manual.
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4.
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Standard Method 2540 F from the Standard Methods for Examination
of Water and Wastewater jointly published by the American Public Health
Association (APHA), the American Water Works Association (AWWA), and
the Water Environment Federation (WEF).
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103.1 Department of Planning: The Department of Planning shall
have the authority and responsibility to perform the following functions
related to the enforcement of this code as associated with major land
disturbance permits:
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1.
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Administer the determination, collection and release of land
disturbance escrows required by this code in coordination with the
Departments of Public Works and Highways and Traffic.
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103.2. Department of Public Works: The Department of Public
Works shall have the authority and responsibility to perform the following
functions related to the enforcement of this code:
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1.
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Receive applications for major land disturbance permits;
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2.
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Coordinate the review of major land disturbance permit applications
and accompanying documents with the Departments of Planning and Highways
and Traffic;
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3.
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Coordinate the issuance of the major land disturbance permit
with the Departments of Planning and Highways and Traffic and issue
such permits such permits may authorize any one (1) or more major
land disturbance activity;
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4.
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Inspect commercial land disturbance activities; and residential
land disturbance activity associated with permitted construction of
buildings or structures;
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5.
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Inspect commercial land disturbance activities within or abutting
areas designated one-hundred-year flood plain; and
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6.
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Receive applications, perform plan review, inspect and issue
of permits for ordinary land disturbance activities relating to best
management practices (BMP) to be utilized to control erosion and sedimentation
from leaving the site during construction and other land disturbance
activities.
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103.3. Department of Highways and Traffic: The Department of
Highways and Traffic shall have the authority and responsibility to
perform the following functions related to the enforcement of this
code:
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1.
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Plan review of major land disturbance activities;
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2.
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Plan review and inspection of land disturbance activities related
to construction, repair, maintenance, or condition of roadways and
roadway right-of-ways which are maintained by the County;
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3.
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Plan review of land disturbance activities within or abutting
areas designated one-hundred-year flood plain;
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4.
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Inspect residential land disturbance activities within or abutting
areas designated one-hundred-year flood plain; and
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5.
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Inspect residential land disturbance activities except activities
associated with permitted construction of buildings and structures.
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103.4. Protection of adjacent property: No major land disturbance
permit or ordinary land disturbance permit shall be issued where the
Department of Highways and Traffic and/or the Department of Public
Works finds that the proposed land disturbance activity would result
in a material change in the amount or pattern of surface water run-off
to the substantial injury of neighboring public or private property
or right-of-way. All land disturbance activities shall be carried
out in such a manner as to minimize inconvenience and harm to adjacent
properties and property owners.
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103.5. Rule-making authority. County departments having enforcement
authority and responsibilities described in Section 103 of this code
shall have the authority, as necessary in the interest of public health,
safety and general welfare, to adopt and promulgate rules and regulations
to interpret and implement the provisions of this code, in order to
secure the intent thereof, and to designate requirements applicable
because of local climatic or other conditions. Such rules and regulations
shall not have the effect of waiving requirements specifically provided
for in this code or of violating accepted engineering practices involving
the purpose of this code.
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104.1. Unlawful acts: It shall be unlawful for any person, firm
or corporation to perform any land disturbance activities, or cause
or allow same to be done without obtaining the appropriate permit
to do so, or to be otherwise in conflict with or in violation of any
of the provisions of this code.
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104.2. Notices of violations: When the Department of Public
Works or the Department of Highways and Traffic determines that a
violation of this code exists, the respective Director shall notify
the violator. The notification shall be in writing and shall be delivered
to the violator or his/her legally authorized representative or mailed
to his last known address via first class mail postage prepaid. Any
person having been notified that a violation exists and who fails
to abate the violation within seven (7) calendar days after notification,
shall be subject to the penalties enumerated in this code.
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104.2.1. Notices of violations on highways and traffic projects:
The notice of violation will consist of the site storm water pollution
prevention plan (SWPPP) construction site inspection report delivered
to the contractor by the resident engineer or their assign. Any person
having been notified that a violation exists and who fails to abate
the violation within seven (7) calendar days after notification, shall
be subject to the penalties enumerated in this code and/or penalties
issued by the Missouri Department of Natural Resources (MDNR) and/or
the Environmental Protection Agency (EPA).
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104.3. Prosecution of Violation: If the violator does not abate
the violation promptly, the Department of Public Works or the Department
of Highways and Traffic shall request the County Counselor to institute
the appropriate proceeding at law or in equity to restrain, correct
or abate such violation.
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104.4. Violation, penalties: Any person, firm or corporation
who shall:
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1.
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Violate any provision of this code, or
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2.
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Fail to comply with any of the requirements of this code, or
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3.
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Perform work in violation of the approved construction documents
or the storm water pollution prevention plan, or any directive of
the Department of Public Works or the Department of Highways and Traffic,
or of a permit or certificate issued under the provisions of this
code, or
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4.
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Start any work requiring a permit without first obtaining a
permit therefore, or
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5.
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Fail to call for the required County inspections, or
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6.
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Fail to cause or make the special inspector's regular and
after-rain inspections or file the required special inspector weekly
reports, or
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7.
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Continue any work on or about the site after having been served
a stop-work order, except for such work which that person, firm or
corporation has been directed to perform to remove a violation or
unsafe conditions, or
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8.
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Assist in any violation of this code, or
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9.
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Maintain any property on which a violation of this code exists,
shall be guilty of a misdemeanor, punishable by a fine of not more
than one thousand dollars ($1,000.00) or by imprisonment not exceeding
ninety (90) days, or both such fine and imprisonment. Each day that
a violation continues shall be deemed a separate offense.
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104.4.1. Failure to obtain a permit: In addition to the actions
and penalties contained in Sections 104.3 and 104.4 above, County
may implement the following procedure when work has been started prior
to issuance of a permit required by this code:
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1.
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Issue a stop work order.
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2.
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Assess an administrative penalty which shall not exceed the
greater of five hundred dollars ($500.00) or one percent (1%) of the
cost of the land disturbance activities. In making the assessment,
the Department will consider whether the violator has previously violated
this code and whether the occupation or experience of the violator
indicates that he/she knew or should have known that a permit was
required.
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104.4.2. Failure to perform special inspections, produce special
inspector reports, request inspections, or implement BMP: In addition
to the actions and penalties contained in Sections 104.3 and 104.4
above, County may implement the following procedure, when a person
fails to conduct special inspections, fails to submit special inspector
reports, fails to schedule the required inspections, or fails to implement
BMP), including re-establishing permanent vegetation on the site as
required by this code:
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1.
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Issue a violation, and, if the violation is failure to perform
special inspections or produce special inspection reports, also issue
a stop work order.
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2.
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Assess an administrative penalty which shall not exceed five
hundred dollars ($500.00); except that in addition, assess an administrative
penalty of up to one hundred dollars ($100.00) per day for failure
to implement BMP. In making the assessment, the Department will consider
whether the violator has previously violated this code and whether
the occupation or experience of the violator indicates that he/she
knew or should have known that special inspector inspections, special
inspector reports, or County inspections were required, or that BMP
were required to be implemented.
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104.5. Appeal: Appeals from County actions or penalties imposed
pursuant to Section 104.4.1 or 104.4.2 shall be governed by provisions
relating to appeals to the Board contained in Section 105.
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104.6. Abatement of violation: The imposition of the penalties
herein prescribed shall not preclude the County Counselor from instituting
appropriate action to prevent unlawful construction or to restrain,
correct or abate a violation, or to prevent illegal use of a property
or to stop an illegal act.
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104.7 Permit suspension or revocation: County may suspend or
revoke any permit if the permit is issued in error or on the basis
of incorrect, inaccurate, or incomplete information, or in violation
of any County ordinance, including this code, or any state or Federal
regulation. In addition, County may suspend or revoke any permit when
a land disturbance activity is conducted in violation of the requirements
of this code or the terms of the permit in such a manner as to materially
adversely affect the safety, health or welfare of persons, or materially
be detrimental or injurious to property or improvements.
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104.8 Stop work order: In addition to the stop work orders issued
pursuant to sections 104.4.1 and 104.4.2, upon notice from the Department
of Public Works or the Department of Highways and Traffic that work
on any property is being prosecuted contrary to the provisions of
this code or in an unsafe and dangerous manner, the person performing
such work shall stop work immediately. The stop work order shall be
in writing and shall be given to the owner of the property involved,
or to the owner's agent, or to the person doing the work; and
shall state the conditions under which work will be permitted to resume.
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Any person, who shall continue any work in or about the property
after having been served with a stop work order, except such work
as that person is directed to perform to remove a violation or unsafe
condition, shall be subject to penalties as specified in this code.
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105.1 Application for appeal: Any person shall have the right to appeal a decision of the Department of Planning, the Department of Public Works or the Department of Highways and Traffic to the Board. The Board shall consist of the members of the Building Commission created in Article IV, Section 4.330 of the St. Louis County Charter.
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105.1.. Filing procedure: All appeals shall be filed in writing
with the Department of Public Works. All appeals shall be filed within
thirty (30) days after the decision to be appealed is rendered by
the departments identified in this Section.
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105.1.2 Filing fee: All appeals must be accompanied by a fee
in the amount specified in Chapter 1100, SLCRO 1974, as amended.
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105.2 Notice of hearing on appeal: The Board shall meet upon
notice from the Chairman, within thirty (30) days of the filing of
an appeal, or at stated periodic meetings.
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105.3 Open hearing: All hearings before the Board shall be open
to the public. The appellant, the appellant's representative,
the County department(s) having enforcement authority and responsibilities
described in section 103.0 of this code, and any person whose interests
are affected, shall be given an opportunity to be heard.
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105.4 Procedure: The Board shall adopt and make available to
the public procedures under which a hearing will be conducted. The
procedures shall not require compliance with strict rules of evidence
but shall mandate that only relevant information be received.
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105.5 Board decision: Decisions by the Board to reverse or modify
a decision by a Department requires a minimum vote of three (3) members.
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105.6 Resolution: The decision of the Board shall be in writing
and shall consist of findings of fact and conclusions of law. Copies
shall be furnished to the appellant and to the County department(s)
having enforcement authority and responsibilities.
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105.7 Court review: A party adversely affected by a decision
of the Board may appeal to an appropriate court from such decision.
Application for review shall be made in the manner and time required
by law following the filing of the findings of fact and conclusions
of law.
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106.1 County permit required: Any person who intends to conduct
any land disturbance activity must obtain a permit prior to beginning
the activity. The type of permit shall be as required by sections
106.1.1 or 106.1.2 in this code.
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Exception: Activities that do not require permits under Section
106.3 of this code.
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106.1.1 Major land disturbance permit: No person shall perform
any major land disturbance activity prior to receipt of a major land
disturbance permit. Applications for major land disturbance permits
shall be filed with the Department of Public Works.
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Exception: Activities that do not require permits under section
106.3 of this code.
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106.1.2 Ordinary land disturbance permit: No person shall perform
any ordinary land disturbance activity prior to receipt of an ordinary
land disturbance permit. Applications for ordinary land disturbance
permits shall be filed with by the Department of Public Works.
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Exceptions:
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1.
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Activities that do not require permits under section 106.3 of
this code.
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2.
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An ordinary land disturbance Permit is not required for County
Highways and Traffic and Parks and Recreation projects; provided erosion
and sediment control measures are provided until grass or other vegetation
is established or other approved ground cover means are used.
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106.1.2.1 County building construction permits and related ordinary
land disturbance activities: The Department of Public Works may include
ordinary land disturbance activities associated with the construction
of a building, structure, or parking lot and installation of associated
utilities, sewers, or equipment serving the building, structure, or
parking lot authorized by a permit issued under the building, plumbing,
electrical, and mechanical codes as an integrated permit for the proposed
construction.
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106.1.2.2 Land disturbance activities related to emergency work:
Where work and associated land disturbance activities must be performed
in an emergency situation to protect the health, safety and welfare
of the general public, other than disaster response activities described
in Item 1 of Section 106.3, the application for permit must be filed
within forty-eight (48) hours (two (2) business days). Every person
shall immediately report all emergency work to the Department of Public
Works, or in the case of work within a roadway to the Department of
Highways and Traffic and apply for appropriate permits pursuant to
procedures directed by the Department.
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106.2 Limitation on transfer of land disturbance permits: Any
person who buys land from a person who has been issued a land disturbance
permit under sections 106.1.1 or 106.1.2 of this code must obtain
a separate land disturbance permit from County.
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Exceptions:
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1.
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Portions of a site having a major land disturbance permit may
be transferred to a new land owner provided the original permit holder
obtains the approval of the Department of Planning and the Department
of Public Works to retain responsibility for the land disturbance
activities on the remaining portions of such property not transferred
to the land owner.
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106.3 Exceptions — Land disturbance permits not required:
Land disturbance permits are not required for the activities identified
as items 1 and 7 in this Section, nor are such permits required for
the activities identified in items 2, 3, 4, 5 and 6, 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;
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; e) by any
cut or fill within a flood plain without a floodplain study being
approved by the County, or f) by any cut or fill within a creek or
waterway channel.
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1.
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Any disaster response activity that is immediately necessary
for the protection of life, property, or natural resources.
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2.
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Existing farming, nursery and agricultural operations conducted
as a permitted or accessory use.
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3.
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Land disturbance activities involving less than thirty (30)
cubic yards of earth/soil moved and less than two thousand (2,000)
square feet of disturbed area provided the land disturbance activity
is for the improvement of the property. Erosion and sediment control
measures shall be provided when necessary, until grass or other vegetation
is established or other approved means of ground cover means are used.
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4.
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Land disturbance activities associated with additions to and
accessory structures for one- and two-family dwellings.
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5.
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Removal of existing or dying grass or similar vegetation by
disturbing not more than ten thousand (10,000) square feet and re-sodding
or re-seeding with new landscaping to include preparation of the seed
bed; provided erosion and sediment control measures are provided until
the grass or other vegetation is established. Any cut or fill in conjunction
with the preparation of the seedbed shall not exceed thirty (30) cubic
yards.
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6.
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Gardening and similar activities on property occupied by one-
or two- family dwellings and community gardens less than two thousand
(2,000) square feet in area, provided there is a vegetative buffer
around the perimeter of the garden or other approved method to prevent
eroded sediment from leaving the site.
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7.
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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 or special use permit.
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106.4 State of Missouri and other agency permits required: The
permit applicant shall obtain a land disturbance permit from the State
of Missouri Department of Natural Resources for any site where one
(1) acre or more of land will be disturbed before beginning any site
work authorized by a County permit. This requirement applies to sites
of less than one (1) acre that are part of a proposed development
that will ultimately disturb one (1) acre or more.
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If permits are also required from other County Departments or
from State or Federal agencies, the permit applicant shall obtain
the required permits before beginning any site work authorized by
a County land disturbance permit.
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106.5 Specialized land disturbance permit: A specialized land
disturbance permit may be issued for clearing and grubbing, borrow
pits or sites, stockpiling of approved fill materials, rough grading,
or similar specialized work provided applicant has submitted a SWPPP,
adequate plans, and information complying with pertinent requirements
of this code for the advance work. The holder of such specialized
permit shall proceed at their own risk with the scope of land disturbance
work authorized without assurance that additional land disturbance
activities will be approved. If County does not approve additional
land disturbance activities, the holder of the specialized permit
shall maintain temporary erosion and sediment control measures until
permanent engineered BMP are installed, if required, and permanent
vegetation on the site is reestablished.
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106.6 Posting of permit and inspection placard: Work requiring
a permit shall not commence until the permit holder posts the permit
and inspection placard at the job site for the recording of inspections.
The permit and inspection placard shall be placed in a transparent
envelope or other approved transparent receptacle that provides weather
protection and kept on the site of work in an approved location until
the completion of the land disturbance work.
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106.7. Expiration: Land disturbance permits shall expire and
become invalid under any of the following conditions:
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1.
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Work on the site does not commence within one hundred eighty
(180) calendar days after issuance of the permit;
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2.
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Work on the site is suspended or abandoned for a period of one
hundred eighty (180) calendar days;
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3.
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More than six (6) months has transpired since the issuance of
an ordinary land disturbance permit, and no extension has been requested;
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4.
|
More than two (2) years have transpired since the issuance of
the major land disturbance permit, and no extension has been requested;
| |
5.
|
The deposit agreement required by the Planning Department for
the major land disturbance is no longer valid.
| |
6.
|
If requests for extension have not been granted.
| |
The Department of Public Works may issue permits having a longer
duration than indicated above for land disturbance activities associated
with quarries, sand and gravel dredging operations, and similar long-term
specialized borrow pit or site excavation operations. The Department
shall collect the permit extension fees that normally would otherwise
be collected in accordance with Section 106.7.1, along with fees for
any additional inspections that may be required, at the time the permit
having a longer duration is issued. Permits issued for longer durations
shall have an expiration date. Upon expiration of the longer duration
permit the Department of Public Works may grant additional extensions
in accordance with Section 106.7.1.
| ||
106.7.1. Permit extensions: One (1) or more extensions of time,
for periods not to exceed three (3) months each for an ordinary land
disturbance and one (1) year each for a major land disturbance, may
be granted subject to a permit extension fee at the rate prescribed
in Chapter 1100, SLCRO. The request for a permit extension shall be
submitted to the County in writing, and justifiable cause demonstrated,
by the permit holder at least ten (10) working days before the expiration
of the permit. The request shall also include a construction schedule
that represents a reasonable good faith effort to complete the land
disturbance work and re-establish permanent vegetation in a timely
manner.
| ||
106.8 Correction of existing violations: The Department of Public
Works may withhold issuance of a land disturbance permit if there
are unabated written violations against the property until the violations
are corrected and abated or proposed to be corrected and abated by
the work to be done under the current application for permit.
| ||
106.9 Sites declared unsafe: The Department of Public Works
may withhold issuance of a land disturbance permit on any site declared
unsafe by any Federal, state or county agency.
| ||
106.10. Permit holder's responsibilities: Should the permit
be abandoned and expire, become invalid, or be suspended or revoked,
the permit holder shall continue to comply with applicable BMP provisions
of this code including maintaining temporary BMP erosion and sediment
control measures until permanent engineered BMP are installed, if
required, and/or permanent vegetation is re-established on the site.
|
107.1 Permit applications: Applications for land disturbance
permits required by this code shall be in the form prescribed by and
accompanied by the site construction plans and documents determined
necessary by the County Department(s) responsible for reviewing and
issuing the permit. Applications for major land disturbance permits
shall include proof that proposed land disturbance and uses have received
approvals from the County Department of Planning or zoning approval
from the municipality in which the land disturbance activities will
occur. The total estimated fee for the activities to be performed
by the Departments of Public Works and Highways and Traffic shall
be paid in advance. The filing fee shall be credited towards the total
permit fee when the permit is issued. Filing fees are non-refundable
should the application for permit be denied or cancelled.
| ||
107.1.1 Time limitation of application: An application for a
permit for any proposed work shall be deemed to have been abandoned
one hundred eighty (180) days after the date of filing, unless such
application has been pursued in good faith or a permit has been issued;
except that one (1) or more extensions of time for additional periods
not exceeding ninety (90) days each may be granted subject to a non-refundable
application extension fee at the rate prescribed in Chapter 1100,
SLCRO, which shall be paid at the time the extension is granted. An
additional inspection fee may also be charged for status inspections
to verify work has not started. Application extension fees shall not
be credited towards the total permit fee when the permit is issued.
| ||
107.2 Site construction plans required: All applications for
permits shall be accompanied by site construction plans in the quantity
determined by the Departments of Public Works and Highways and Traffic.
Site Construction Plans for all Major Land Disturbances and for Commercial
Ordinary Land Disturbances shall be prepared by a Registered Design
Professional consistent with the professional registration laws of
the State of Missouri. The cover or first sheet of the Site Construction
Plans shall bear an original embossed or wet ink seal, the date, and
original ink signature of the registered design professional. In addition,
all other sheets shall bear an original embossed, wet ink, or mechanically
reproduced seal of the registered design professional. The title block
of the construction plans shall also include the name and address
of the registered design professional that sealed them. Site Construction
Plans for Residential Ordinary Land Disturbances may be prepared by
the owner or contractor, providing the scope of work is relatively
simple and there is no engineering required. A Registered Design Professional
shall prepare and seal plans for Residential Ordinary Land Disturbances
when the scope of work is complex and/or requires engineering.
| ||
107.2.1 Storm water pollution prevention plan required (SWPPP)
for major land disturbance permits: All applications for major land
disturbance permits shall be accompanied by a storm water pollution
prevention plan; prepared for the specific site by or under the direction
of a qualified professional as directed by County. Only the components
and elements of the storm water pollution prevention plan (SWPPP)
that do not require engineering may be prepared by a qualified professional
other than a Missouri Licensed Professional Engineer. The storm water
pollution prevention plan (SWPPP), when prepared by a Missouri Licensed
Professional Engineer, may be incorporated into the site construction
plans required by Section 107.2. The site construction plans 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 shall assume and
acknowledge responsibility for compliance with this code and the storm
water pollution prevention plan at the site of the permitted activity.
| ||
107.3 Required land disturbance escrows for major land disturbance
permits: Applicants for major land disturbance permits shall file
a land disturbance escrow, naming County as beneficiary, in the form
of cash, a letter of credit, or other improvement security in an amount
deemed sufficient by the Department of Planning to cover all costs
of improvements, landscaping, and maintenance of improvements for
such period as specified by the Department of Planning. The land disturbance
escrow shall include engineering and inspection costs sufficient to
cover the cost of failure or repair of improvements installed on the
site.
| ||
107.3.1 Release of escrows — Project closure: County will
not release any land disturbance escrow to the property owner, site
operator or permit holder until all of the following have been completed:
| ||
1.
|
All temporary storm water control best management practices
(BMP) have been removed and the site has been fully stabilized. A
site is considered to be stabilized when perennial vegetation, pavement,
buildings, or structures constructed of permanent materials cover
all areas that were previously disturbed. Vegetative cover shall be
established such that erosion no longer occurs. This typically requires
a minimum of seventy percent (70%) fully established plant density
over one hundred percent (100%) of the disturbed area.
| |
2.
|
All permanent storm water control best management practices
(BMP) have been completed.
| |
3.
|
All final inspections/certifications have been completed by
each of the government jurisdictions involved in authorizing the project.
|
108.1 Issuance of permits: Land disturbance permits shall not
be issued until the fees associated with the permit are paid to the
individual County Departments as specified in sections 108.1.1 through
108.1.3 of this code.
|
Exception: Individual County departments may defer all or parts
of fees to a later stage of site development.
|
108.1.1 Department of Planning: Fees for the activities of the
Department of Planning related to Land Disturbance permits shall be
in accordance with the fee rates set forth in Chapter 1003 "Zoning
Ordinance" and Chapter 1005 "The Subdivision Ordinance of St. Louis
County."
|
108.1.2 Department of Highways and Traffic: Fees for the activities
of the Department of Highways and Traffic related to Land Disturbance
permits shall be in accordance with the fee rates set forth in Chapter
1100 Code Enforcement Fee Schedules" and Chapter 1105 "Department
of Highways and Traffic," and in Chapter 1005 "The Subdivision Ordinance
of St. Louis County." The Department of Highways and Traffic is authorized
to establish and collect inspection fees by estimating the total number
of inspection hours required for the completion of the permitted work.
|
108.1.3 Department of Public Works: Fees for the activities
of the Department of Public Works related to land disturbance permits
shall be in accordance with the fee rates set forth in Chapter 1100
"Code Enforcement Fee Schedules." In applying the Code Enforcement
Fee Schedule, the total estimated cost of land disturbance activities
shall include applicable grubbing, site clearing, rough grading, sediment
and erosion control measures, excavating, backfill, final grading,
concrete flatwork, asphalt pavement, and final landscaping. The Department
of Public Works may require a bona fide contract(s) or any affidavit
of the owner of the project, in which the applicant and owner verify
the total cost of the site improvements related to the permit. The
Department of Public Works is authorized to establish the fee by determining
the plan review cost and estimating the total number of inspections
required, when in the opinion of the Department of Public Works, the
fee resulting from this method more closely relates to the cost of
enforcing the requirements of this code. Fees for land disturbance
related inspections associated with construction authorized by a building
permit shall be assessed to the building permit in accordance with
the additional inspection fee rates set forth in Chapter 1100 "Code
Enforcement Fee Schedules."
|
108.2 Refunds: In the case of revocation of a permit or projects
where land disturbance activities have begun, no refund shall be permitted.
Any excess fee for abandoned projects, where land disturbance work
has not started, shall be returned to the permit holder upon written
request received not later than twelve (12) months after the date
the permit was issued. All application filing fees, application extension
fees, plan examination and permit processing fees and all penalties
that have been imposed upon the permit holder under the requirements
of this code shall be deducted from the refund or paid by the permit
holder prior to any refund being issued.
|
109.1 Content — Storm water pollution prevention plan
(SWPPP): The design requirements in Chapter 2 of this code shall be
complied with when developing the storm water pollution prevention
plan and the plan shall include the following:
| ||
1)
|
Name, address and telephone number of the site owner and the
name, address and telephone number of the individual who will be in
overall responsible charge of construction/development activities
at the site. When more than one (1) individual is responsible for
the entire construction or land disturbance site, the areas of the
site over which each individual has control shall be identified.
| |
2)
|
Site address or location description and parcel identification
number(s). Description of the nature of the land disturbance and construction
activities.
| |
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 (BMP) and such other information
as may be required by the County department(s) having enforcement
authority and responsibilities described in section 103.0 of this
code.
| |
4)
|
Existing contours of the site and adjoining strips of off-site
property and proposed contours after completion of the proposed land
disturbance and development, based on United States Geological Survey
datum, with established elevations at buildings, walks, drives, street
and roads; and information on necessary clearing and grubbing, removal
of existing structures, excavating, filling materials brought to the
site, spreading and compacting. Existing and proposed contours shall
be shown at two-foot elevation intervals. Cross sections may be utilized
in lieu of contours as approved by the Department of Highways and
Traffic.
| |
5)
|
A natural resources map identifying soils, forest cover, and
resources protected under other provisions of County Ordinances and
a general map with enough detail to identify the location of the construction
site and any waters of the United States or wetlands within one (1)
mile of the site.
| |
6)
|
An estimate of the runoff coefficient of the site prior to disturbance
and the runoff coefficient after the construction addressed in the
permit application is completed.
| |
7)
|
Estimated quantity of land to be disturbed.
| |
8)
|
Details of the site drainage pattern both before and after major
land disturbance activities.
| |
9)
|
Access to construction site.
| |
10)
|
Description of best management practices (BMP) to be utilized
to control erosion and sedimentation during the period of land disturbance.
A table or schedule listing each BMP to be utilized and the quantity
or linear footage of each. Each BMP shall be identified as temporary
or permanent.
| |
11)
|
Description of best management practices (BMP) to be utilized
to prevent other potential pollutants such as construction wastes,
toxic or hazardous substances, petroleum products, pesticides, herbicides,
site litter, sanitary wastes and other pollutants from entering the
natural drainage ways during the period of construction and land disturbance.
| |
12)
|
Description of best management practices (BMP) that will be
installed during land disturbance to control pollutants in storm water
discharges that will occur after land disturbance activity has been
completed.
| |
13)
|
Location of temporary facilities such as off-street parking,
wash-down area for related vehicles, on-site fueling facilities, concrete
or asphalt batch plants, and other similar temporary facilities.
| |
14)
|
Sources of off-site borrow material or spoil sites, and all
information relative to haul routes, trucks and equipment.
| |
15)
|
The anticipated sequence of construction and land disturbance
activities, including installation of best management practices (BMP),
removal of temporary best management practices (BMP), stripping and
clearing; rough grading; construction utilities, infrastructure, and
buildings; and final grading and landscaping. Sequencing shall identify
the expected date (s) on which clearing will begin, the estimated
duration of exposure of cleared areas, areas of clearing, installation
of temporary erosion and sediment control measures, and establishment
of permanent vegetation.
| |
16)
|
All erosion and sediment control measures necessary to meet
the objectives of this code throughout all phases of construction
and after completion of site development. Depending upon the complexity
of the project, the drafting of intermediate plans may be required
at the close of each season.
| |
17)
|
Seeding mixtures and rates, types of sod, method of 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.
| |
19)
|
Plans for responding to any loss of contained sediment to include
the immediate actions the permit holder will take in case of a containment
failure. This plan must include documentation of actions and mandatory
reporting to the Department of Public Works.
| |
20)
|
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 best management
practices (BMP) are continually implemented and are effective.
| |
21)
|
Description of measures that will be installed during the construction
process to control pollutants in storm water discharges that will
occur after construction operations have been completed. During construction,
strategies shall be implemented to protect post construction best
management practices (BMP).
| |
22)
|
Description of any non-storm water discharges and any anticipated
dewatering methods.
| |
23)
|
A signed and dated certification statement that the SWPPP was
prepared in accordance with the requirements and regulations of the
County and the Missouri Department of Natural Resources.
| |
109.2 Required plan amendments — Storm water pollution
prevention plan (SWPPP): The permit holder shall amend, or shall cause
the Special Inspector or preparer of the SWPPP to amend, the storm
water pollution prevention plan whenever:
| ||
1)
|
Design, operation or maintenance of best management practices
(BMP) is changed;
| |
2)
|
Design of the construction project is changed that could significantly
affect the quality of the storm water discharges;
| |
3)
|
Site operator's inspections indicate deficiencies in the
storm water pollution prevention plan (SWPPP) or any best management
practices (BMP);
| |
4)
|
Inspections by County or by the Missouri Department of Natural
resources indicate deficiencies in the storm water pollution prevention
plan (SWPPP) or any best management practices (BMP);
| |
5)
|
The storm water pollution prevention plan (SWPPP) is determined
to be ineffective in significantly minimizing or controlling erosion
or excessive sediment deposits in streams or lakes;
| |
6)
|
The storm water pollution prevention plan (SWPPP) is determined
to be ineffective in preventing pollution of waterways from construction
wastes, chemicals, fueling facilities, concrete truck washouts, toxic
or hazardous materials, site litter or other substances or wastes
likely to have an adverse impact on water quality;
| |
7)
|
Total settleable solids discharging from a storm water outfall
exceeds 2.5 ml/L per Standard Method 2540F for storm events up to
but not exceeding the local two-year, twenty-four-hour storm. This
limitation does not apply during storm events that exceed the local
two-year, twenty-four-hour storm;
| |
8)
|
The County or the Missouri Department of Natural Resources determines
violations of water quality standards may occur or have occurred.
| |
When any of the above storm water pollution prevention plan
(SWPPP) amendments cause engineering design changes, the permit holder
shall cause the registered design professional to revise and re-submit
the site construction plans to the County for approval. The County
may require sampling and reporting as a result of illegal discharges,
compliance issues, complaint investigations, or evidence of contamination
from activities at the site.
| ||
109.3 Permit holder responsibilities for administration of storm
water pollution prevention plan (SWPPP): The permit holder shall:
| ||
1)
|
Notify all contractors and other entities (including utility
crews, 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 (BMP);
| |
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 (BMP);
| |
4)
|
Maintain a current copy of the storm water pollution prevention
plan (SWPPP) on the site during the installation, operation, and maintenance
of the best management practices (BMP);
| |
5)
|
Cause regular weekly and after-rain special inspections of the
land disturbance site by a County approved special inspector as required
by Section 301.2; including notifying the special inspector of any
rainfall event causing storm water runoff to leave the construction
site;
| |
6)
|
Ensure that all off-site borrow-from or haul-to sites and similar
construction support activities are properly permitted by the authority
having jurisdiction;
| |
7)
|
Ensure that dates of major grading activities, construction
temporarily or permanently ceased, and stabilization measures initiated
are recorded; and
| |
8)
|
Ensure that State and County permits are posted at the construction
site; and
| |
9)
|
Ensure that required County inspections are requested and that
the storm water pollution prevention plan (SWPPP) and approved site
construction plans, if not maintained on-site, are brought to the
site for the Inspector's use during the inspections, including
any additional or extra County inspections.
| |
[O. No. 25494, 7-30-13]
|
201.1 Design: The design of erosion and sediment controls required
for land disturbance activities shall comply with the following minimum
requirements:
| ||
1.
|
Land disturbance, erosion and sediment control practices, and
watercourse crossings shall be adequate to prevent transportation
of sediment from the site.
| |
2.
|
Materials brought to any site or property under a permit issued
under this code, where said material is intended to be utilized as
fill material at the site for land disturbance, erosion or sediment
control, shall consist of clean uncontaminated earth, soil, dirt,
sand, rocks, gravel or masonry materials or other approved materials.
| |
3.
|
Cut and fill slopes shall be no greater than 3:1 except as approved
by the Department of Public Works or the Department of Highways and
Traffic to meet other community or environmental objectives.
| |
4.
|
Clearing and grading of natural resources, such as forests and
wetlands, shall not be permitted, except when in compliance with all
other County Ordinances.
| |
5.
|
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.
| |
6.
|
Clearing, except that necessary to establish sediment control
devices, shall not begin until all sediment control devices have been
installed and have been stabilized.
| |
7.
|
Phasing shall be required on all sites disturbing greater than
thirty (30) acres of land. The size of each phase will be established
by the Department of Planning at the time of plan review for the issuance
of a major land disturbance permit.
| |
201.2 Erosion control design: Erosion control requirements shall
include the following:
| ||
1.
|
Permit holder shall install temporary stabilization when soil
disturbing activities will cease on any portion of the site and are
not planned to resume for a period exceeding fourteen (14) calendar
days. Temporary stabilization must be initiated immediately upon knowing
the duration is more than fourteen (14) days. Temporary stabilization
must be completed within seven (7) calendar days. Final stabilization
of disturbed areas must be initiated immediately and completed within
seven (7) calendar days whenever any clearing, grading, excavating
or other earth disturbing activities have permanently ceased on any
portion of the site. County may grant allowances to the seven-day
completion period for temporary and final stabilization due to weather
or equipment malfunctions. The use of allowances shall be documented
in the SWPPP.
| |
2.
|
If seeding or another vegetative erosion control method is used,
it shall become established within two (2) weeks or the site shall
be re-seeded or a non-vegetative option employed.
| |
3.
|
Techniques shall be employed to ensure stabilization on steep
slopes and in drainage ways.
| |
4.
|
Soil and material stockpiles must be stabilized or covered at
the end of each workday or perimeter controls must be in place to
prevent silt from the stockpile from leaving the site.
| |
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.
| |
201.3 Sediment control design: 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 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 (BMP), 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 storm water management, as required by the County
department(s) having enforcement authority and responsibilities described
in Section 103.0 of this code.
| |
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.
| |
201.4 Watercourse design: Watercourse protection requirements
shall include:
| ||
1.
|
Encroachment into or crossings of active water courses/riparian
areas and wetlands shall be avoided to the maximum extent practicable.
All County, state and Federal permits and approvals shall be obtained
by a permit holder prior to beginning work authorized by a County
land disturbance permit.
| |
2.
|
Stabilization of any watercourse channels before, during, and
after any in-channel work.
| |
3.
|
If a defined watercourse is to be re-aligned or re-configured,
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 re-contoured and stabilized. Permit holder
shall install temporary stabilization when soil disturbing activities
will cease on any portion of the site and are not planned to resume
for a period exceeding fourteen (14) calendar days. Temporary stabilization
must be initiated immediately upon knowing the duration is more than
fourteen (14) days. Temporary stabilization must be completed within
seven (7) calendar days. Final stabilization of disturbed areas must
be initiated immediately and completed within seven (7) calendar days
whenever any clearing, grading, excavating or other earth disturbing
activities have permanently ceased on any portion of the site. County
may grant allowances to the seven-day completion period for temporary
and final stabilization due to weather or equipment malfunctions.
The use of allowances shall be documented in the SWPPP.
| |
4.
|
All storm water conveyances shall be designed according to the
criteria of the County and the St. Louis Metropolitan Sewer District
(MSD) and the necessary permits obtained.
| |
5.
|
Stabilization adequate to prevent erosion shall be provided
at the outlets of all pipes and paved channels.
| |
6.
|
Except as otherwise permitted above, stream buffers along flood
plain zoned streams and other natural waterways as required by Chapter
1003, County Zoning Code shall not be disturbed.
| |
201.5 Construction site access design: Construction site access
requirements for major land disturbance activities shall include:
| ||
1.
|
A temporary construction access entrance, located to provide
adequate sight distance, shall be provided at all land disturbance
sites including a wash down area supporting all active sites.
| |
2.
|
The Department of Highways and Traffic may require other measures
to ensure that construction vehicles do not track sediment onto public
streets or roadways, or be washed with wash effluent channeled directly
into storm drains.
| |
201.6 Control of construction materials and waste: Control requirements
for construction materials, construction wastes and other wastes generated
on site at the land disturbance site, including facilities that process
and handle materials and waste such as temporary concrete or asphalt
batch plants, temporary recycling or waste incineration facilities,
and similar temporary construction material and waste handling facilities
shall include provisions, satisfactory to the County department(s)
having enforcement authority and responsibilities described in section
103.0 of this code 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 section
201.6. 1 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 major land disturbance sites as directed
by the Department of Health.
| |
7.
|
Assurance that on-site temporary construction materials or waste
handling equipment and facilities including, but not limited to, batch
plants, recycling or grinding facilities, and temporary incineration
equipment also adhere to County Department of Health regulations.
| |
[O. No. 25494, 7-30-13]
|
301.1 Department(s) of Public Works and Highways and Traffic —
General: The County department(s) having enforcement authority and
responsibilities described in section 103.0 of this code shall make
inspections as herein required and shall either approve that portion
of the work completed or shall notify the permit holder wherein the
work fails to comply with the storm water pollution prevention plan
(SWPPP) and/or the Site Construction, Land Disturbance, Erosion and
Sediment Control Plan as approved. Plans for land disturbance, stripping,
excavating, and filling work bearing the stamp of approval of the
County department conducting the review for compliance under this
code and/or issuing the permit shall be maintained at the site by
the permit holder during the progress of the work. Construction work
shall be done in accordance with the approved plans. To obtain inspections,
a permit holder shall notify the Department(s) of Public Works or
Highways and Traffic as applicable, 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;
| |
Exception 1: Inspections conducted by the Department of Highways
and Traffic related to construction and maintenance of County highways
and roadways.
| ||
Exception 2: When conditions are not favorable to maintain copies
of the approved plans on-site, a sign shall be installed at the entrance
to the site listing information pertinent to the location of the storm
water pollution prevention plan (SWPPP), approved site construction
plans and the twenty-four-hours (24) hours/seven-day a week phone
number of the person in charge of them. The SWPPP and approved site
construction plans shall be brought to the site and made available
for the inspector's use during the above required inspections
and any additional or extra inspections.
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301.1.1 Additional inspections: In addition to the required
inspections specified above the Departments of Public Works and Highways
and Traffic are authorized to perform and charge fees for additional
inspections which are reasonably necessary to enforce this code and
the zoning and building construction codes. These inspections may
include, but not be limited to, interim status inspections due to
length or complexity of project, BMP and subdivision escrow releases,
compliance with approved site development plans, excavations for building
foundations and underground utilities and sewers, and final finish
grading and landscaping related to completion of the building construction
project.
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301.1.2 Extra inspections: In addition to the inspections otherwise
required, the Departments of Public Works and Highways and Traffic
are authorized to perform and charge fees for extra inspections or
re-inspections which in their judgment are reasonably necessary due
to non-compliance with the requirements of this code, or work not
ready or accessible for inspection when requested.
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301.2 Permit holder special inspection and report responsibilities —
Major land disturbances: The holder of a major land disturbance Permit,
or his/her agent, shall cause regular and after-rain inspections of
land disturbance sites by a qualified special inspector approved by
the County. Inspections shall include examining 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. When rainfall causes storm
water runoff to leave the site, the BMP must be inspected within forty-eighty
(48) hours after the rain event has ceased during a normal workday
and within seventy-two (72) hours on the next business day if the
rain event ceases during a non-workday such as on weekends and holidays.
The total rainfall measured for that day must be recorded on the inspection
report. A properly maintained rain gauge must be kept on site or the
storm event information must be obtained from a weather station that
is representative of the site location. The purpose of such inspections
will be to ensure proper installation, operation and maintenance of
best management practices (BMP) 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 on weekly and after-rain reports with copies submitted
weekly to the Department(s) of Public Works or Highways and Traffic.
The inspection reports must include the following minimum information:
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1)
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Inspector's name and signature;
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2)
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Date of inspection;
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3)
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Observations relative to the effectiveness of the best management
practices (BMP);
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4)
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Actions taken or necessary to correct deficiencies; and
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5)
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A listing of areas where land disturbance operations have permanently
or temporarily stopped.
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The special inspector shall immediately notify both the permit
holder and the site contractor(s) responsible for any deficiencies
identified so that deficiencies can be corrected within seven (7)
calendar days of the weekly or after-rain inspection report. If weather
conditions make it impossible to correct the problem within seven
(7) calendar days, a detailed report of the problem (including pictures)
shall be filed with the regular inspection reports. The permit holder
shall be responsible for ensuring that the deficiencies are corrected.
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The permit holder shall notify the County by the next working
day whenever a special inspector is terminated, resigns, or is unable
to conduct inspections for whatever reason. The permit holder shall
retain a new special inspector from the County's list of approved
special inspectors within five (5) calendar days to insure that the
regular weekly and after rain inspections required by this Section
are conducted and reported upon. The permit holder shall notify the
County by the next working day whenever a new special inspector is
retained. Only a County approved special inspector can be responsible
for the inspection of BMP required under this code.
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301.2.1 Verification of permit holder's reports: The Department(s)
of Public Works or Highways and Traffic may make and charge fees for
extra inspections as deemed necessary to ensure the validity of the
reports filed under section 301.2 of this code or to otherwise ensure
proper installation, operation and maintenance of storm water best
management practices (BMP) and to determine the overall effectiveness
of the storm water pollution prevention plan (SWPPP) and the need
for additional control measures.
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301.3 Removal from approved list of qualified special inspectors:
Failure of the special inspector to conduct required inspections and
file accurate valid inspection reports with the County as required
by Section 301.2 shall constitute cause to remove the special inspector
from the approved list of special inspectors. A special inspector
that has been removed from the approved list has the right to appeal
to the Board.
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[O. No. 25494, 7-30-13]
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