[Ord. No. 17-0244, 4-24-2017]
A.
No person shall undertake any land disturbance activity or in any
way disturb the surface of land, except as otherwise provided by law
or provided in this Chapter.
B.
No person shall engage in any land disturbance activity or by any
action cause or permit any soil, earth, sand, gravel, rock, stone
or other material to be deposited upon or to roll, flow or wash upon
or over the premises of another in an unlawful manner without the
express written consent of the owner of the premises affected. No
person shall engage in any land disturbance activity or by any action
in violation of this Chapter, cause or permit any soil, earth, sand,
gravel, rock, stone or other material to be deposited to roll, flow
or wash upon or over any public street, street improvement, road,
sewer, storm drain, watercourse, rights-of-way or any public property
or adjacent private property.
C.
No person engaged in any land disturbance activity shall, when hauling
soil, earth, sand, gravel, rock, stone or other material over any
public street, road, alley or public property, allow those materials
to blow, spill or be tracked over and upon any street, road, alley
or public property or adjacent private property.
D.
No person shall engage in any activity that would be in violation
of the regulations dictated by the Phase II Stormwater National Pollutant
Discharge Elimination System (NPDES) in accordance with the Clean
Water Act of 1972.
[Ord. No. 17-0244, 4-24-2017]
A.
The purpose of this Article is to protect and further the public
interest by regulating land disturbance, filling, stripping and soil
storage in connection with the clearing and grading of land for construction-related
or other purposes. With these regulations, the County will promote
the coexistence of the natural environment with planned development,
assist in the County's efforts to comply with the Phase II Storm Water
National Pollutant Discharge Elimination System (NPDES) regulations,
provide effective stormwater management, protect property from damage
due to flooding and erosion, improve water quality and reduce water
pollution, control construction site impacts on stormwater, prevent
non-stormwater discharges into the storm sewer system, protect natural
stream assets using buffer strips, and protect valuable natural water
resources. This includes protection of existing vegetation for use
as buffer strips. The County hereby recognizes that the nature of
temporary construction controls is time critical. Techniques and objectives
are encouraged by the County to promote coexistence of the natural
environment and planned development. It is also the purpose of this
Article to encourage responsible development and minimize the impacts
of development.
B.
This Article establishes substantive and procedural requirements
to:
1.
Protect the water quality of the streams, rivers, lakes and
drainage areas within Jefferson County. To be in compliance with the
Phase II Stormwater National Pollutant Discharge Elimination System
(NPDES) as mandated through the Clean Water Act, specific activities
shall be undertaken and regulated by the County. This Article establishes
substantive and procedural and enforcement requirements for:
a.
Illicit discharge detection and elimination;
b.
Construction site stormwater runoff control; and
c.
Post-construction stormwater management in new development and
redevelopment.
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The Erosion and Sediment Control/Stormwater Management Design
Manual contains the activities and BMPs required to fulfill these
requirements.
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2.
Protect and enhance the water quality of watercourses, water
bodies and wetlands by controlling erosion, sedimentation and related
environmental damage caused by construction-related or other activities;
and
3.
Encourage creative approaches to development, including low
impact development (LID), that are designed and implemented to be
sensitive to the natural environment thereby resulting in high quality
development for those who visit, reside and work in the County.
[Ord. No. 17-0244, 4-24-2017; Ord. No. 20-0368, 8-28-2020; Ord. No. 24-0371, 10-15-2024]
In this Chapter, these words and phrases have the following
meanings:
Any person who makes application for a land disturbance permit
as required by this Chapter.
A proposed plan of representational drawings and/or other
documents submitted for a land disturbance permit for a site. The
application may be an independent submittal or may be a part of another
development application or applications authorized by the Unified
Development Order (UDO).
A set of representational drawings or other documents for a site that contain the information and specifications required by the County to minimize off-site sedimentation from land disturbance activities. The approved plan constitutes a SWPPP, required by Section 505.220, that has been approved by the County as complying with the provisions of this Chapter.
A sealed drawing or plan prepared and certified by a licensed
professional that depicts the actual dimensions and elevations of
the completed stormwater system and detention structures or facility.
Schedules of activities, prohibitions of practices, general
good house keeping practices, pollution prevention and educational
practices, maintenance procedures and other management practices to
prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures and practices
to control site runoff, spillage or leaks, sludge or water disposal
or drainage from raw materials storage.
A plan that identifies improvements made to the streamside
zone and/or outer zone of the buffer strip.
An area closest to a sensitive environmental site (e.g.,
wetland, waterbody, etc.) in which certain human activities are limited
in order to minimize the negative impacts from adjacent land uses
(like erosion, pollutants in runoff, disturbance to wildlife) affecting
the sensitive environmental site.
Any act by which vegetative cover, structures or surface
material is removed, including, but not limited to, root mass or topsoil
removal.
An area where multiple separate and distinct land disturbing
activities may be taking place at different times, on different schedules,
but under one (1) proposed plan. This plan consists of many small
construction projects that collectively add up to one (1) or more
acres of total disturbed land. For example, an original common plan
of development of a residential subdivision might lay out the streets,
house lots, and areas for parks, schools and commercial development
that the developer plans to build or sell to others for development.
All these areas would remain part of the common plan of development
or sale until the intended construction is completed.
All applications required by the County Code as a prerequisite
to initiation of land disturbance.
The Director of Public Works or a duly authorized representative.
The flow and/or concentration of uncontaminated stormwater
from downspouts or sump pumps or other pumps or mechanical devices.
Sewage originating primarily from kitchen, bathroom and laundry
sources, including waste from food preparation, dishwashing, garbage
grinding, toilets, baths, showers and sinks.
The process by which the ground surface is worn away by the
action of the wind, water, ice, gravity or artificial means and/or
land disturbance activities.
Any act by which soil is cut into, dug, quarried, uncovered,
removed, displaced, relocated or bulldozed and includes the conditions
that result from that act.
The vertical location of the existing ground surface prior
to excavation or filling.
Any project on Federally owned land that involves land disturbance
or any project that involves land disturbance activity and is administered
by a Federal agency. Use of Federal funds does not necessarily qualify
an activity as a Federal project.
Any act by which soil is mechanically deposited, placed,
pushed, pulled or transported and includes the conditions that result
from that act.
The final grade or elevation of the ground surface conforming
to an approved plan.
The floodway and floodway fringe as identified by the Federal
Insurance Program through its Flood Insurance Rate Map for Jefferson
County, Missouri, dated April 5, 2006, and subsequent revisions.
The decaying animal and vegetable waste materials from the
handling, preparation, cooking or consumption of food, including waste
materials from markets, storage facilities and the handling and sale
of produce and other food products.
Any act by which soil is cleared, stripped, moved, leveled,
stockpiled or any combination thereof and includes the conditions
that result from that act.
A rainfall event of one-half (0.50) or more inches of precipitation.
Any material generated in a household (including single and
multiple residences) that would be classified as hazardous.
See "illicit discharge" below.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illicit discharge to enter the storm drainage system.
Any discharge to the storm drainage system that is prohibited
under this document.
Any act other than those related to agricultural activity
by which soil is moved and land changed that may result in erosion
or the movement of sediments and may include tilling, clearing, grading,
excavating, stripping, stockpiling, filling and related activities
and the covering of land surfaces with an impermeable material. A
land disturbance permit is required when five thousand (5,000) square
feet or more of land is disturbed within the urban area boundary of
the unincorporated limits of Jefferson County or greater than fifteen
(15) acres if outside the urban area boundary.
An individual who is duly licensed by the Missouri Board
of Architects, Professional Engineers and Professional Land Surveyors
to practice and seal land disturbance/stormwater management requirements
within their discipline.
A comprehensive technology-based approach to managing urban
stormwater.
The use of those best management practices which, based on
sound engineering and hydro-geological principles, regulate and manage
erosion and sedimentation during and after development.
A channel formed in the existing surface topography of the
earth prior to changes made by unnatural conditions.
The land disturbance permit issued by the Director authorizing
land disturbance activities of five thousand (5,000) square feet or
more within the urban area boundary of the unincorporated limits of
Jefferson County or greater than fifteen (15) acres if outside the
urban area boundary in accordance with the requirements of this Chapter.
Any person to whom a land disturbance permit is issued pursuant
to this Chapter.
All privately or publicly owned ground, surfaces, structures
or systems that contribute to or convey stormwater, including, but
not limited to, roofs, gutters, downspouts, lawns, driveways, pavement,
roads, streets, curbs, gutters, ditches, inlets, drains, catch basins,
pipes, tunnels, culverts, channels, detention basins, ponds, draws,
swales, streams and any ground surface.
Any person designated in the permit qualified as the person
in charge of on-site land disturbance activities or erosion and sediment
control associated with land disturbance activities; the responsible
personnel shall provide the County, as part of the permit issuance,
with a contact telephone number so that the County may reach such
person in the event the County desires to conduct an inspection of
the site at which land disturbance activities are underway.
Non-decaying solid waste, excluding ashes that consist of:
combustible waste materials including paper, rags, cartons, wood,
excelsior, furniture, rubber, plastics, yard trimmings, leaves and
similar materials; and non-combustible waste materials including glass,
crockery, tin cans, aluminum cans, metal furniture and similar materials
that do not burn at ordinary incinerator temperatures (sixteen thousand
degrees Fahrenheit (1,600° F.) to eighteen thousand degrees Fahrenheit
(1800° F.)).
Soils or other earthen materials transported or deposited
by the action of wind, water, ice, gravity or artificial means.
Any domestic sewage from holding tanks such as vessels, chemical
toilets, campers, trailers, septic tanks and aerated tanks.
Any lot or parcel of land or a series of lots or parcels
of land adjoining or contiguous or joined together under one (1) ownership
on which land disturbance activity is proposed in an application.
The inclined surface of a fill, excavation or natural terrain
expressed as a ratio of horizontal distance to vertical distance.
The unconsolidated mineral and organic material (i.e., earth,
sand, gravel, rock or other similar material) on the immediate surface
of the earth that serves as a natural medium for the growth of land
plants.
Any project on State-owned land that involves land disturbance
activity or any project that involves land disturbance activity and
is administered by a State agency. Use of State funds does not necessarily
qualify an activity as a State project.
A plan outlining specific land disturbance activities at
a site and the design implementation management and maintenance of
"Best Management Practices" in order to prevent and reduce the amount
of sediment and other pollutants in stormwater discharges.
The usual boundaries, not the flood boundaries, of a stream
channel. The top of the natural incline bordering a stream.
Any activity by which the vegetative cover is removed or
disturbed, including tree removal, clearing, grubbing and storage
or removal of topsoil.
Any grasses, shrubs, trees and other vegetation that hold
and stabilize soils.
Any natural or artificial watercourse associated with activities regulated by Chapter 505, including streams, rivers, creeks, ditches, channels, canals, conduits, culverts, drains, waterways, gullies, ravines or washes, in which water flows in a definite direction or course, either continuously or intermittently.
Strategy that provides assessment and management information
for a geographically defined watershed or subwatershed, including
the analyses, actions, participants and resources related to developing
and implementing the plan.
An area of land that water runs across or under on its way
to a stream or river that is located at the lowest point in the watershed.
Those areas that have a predominance of hydric soils and
that are inundated or saturated by surface or ground water at a frequency
and duration sufficient to support, and that under normal circumstances
do support, a prevalence of vegetation typically adapted for life
in saturated soil conditions. This does not include the following
surface waters of the State intentionally constructed from sites that
are not wetlands: drainage ditches, grass-lined swales and landscape
amenities.
Leaves, grass clippings, tree limbs, brush, soil, rocks or
debris that result from landscaping, gardening, yard maintenance or
land clearing operations.
[Ord. No. 17-0244, 4-24-2017]
A.
It is the policy of the County that all land disturbance activity
be performed in a manner consistent with the requirements of this
Chapter, except as otherwise specifically provided, in a manner that
promotes the co-existence of the natural environment and quality,
planned development, effective stormwater management and responsible
development.
1.
Regulations. The Director may prepare or cause to be prepared
and may recommend the adoption of regulations necessary to implement
this Chapter.
2.
Construction Standards. The Director is hereby authorized to
prepare for adoption by the County construction standards for erosion
and sediment controls based upon sound engineering judgment. Copies
of any such construction standards shall be available in the office
of the Department of Public Works.
3.
County's Right To Enter. In making an application for a permit
covered by this Chapter, the applicant or the landowner performing
or allowing the work shall cooperate with the County in the processing
and administering of the permits, including being reasonably available
for site inspections, so that the County may verify compliance with
the approved plan. If work is necessary to bring the site into compliance
with the approved plan prior to entering the site, the County shall
contact the applicant's responsible personnel or the landowner and
give them the opportunity to accompany the County personnel on any
site visit. Except in an emergency, the County shall give an applicant
or landowner at least twelve (12) hours' prior notice of any such
inspection.
[Ord. No. 17-0244, 4-24-2017]
A.
Grading erosion control practices, sediment control practices and
waterway crossings shall comply with the erosion and sediment control/stormwater
design criteria and shall be adequate to prevent erosion and the transportation
of sediment from the site to the maximum extent practicable. Cut and
fill slopes shall be no greater than 3:1, except where recommended
on an engineering soils report prepared by an engineer licensed in
the State of Missouri.
B.
Buffer Strips.
[Ord. No. 22-0185, 3-16-2022]
1.
Channel Protection. Requiring channel protection volume control will
treat the high-frequency, low-severity storm runoff events within
the detention basins by metering it out slowly over twenty-four (24)
to forty-eight (48) hours.
2.
Clearing and grading of natural resources, such as buffer strips
along designated natural streams, forests and wetlands, shall not
be permitted, except when in compliance with this Chapter. No land
disturbance shall occur on any parcel of land that is within or partially
within a defined buffer strip unless the land disturbance is in compliance
with the provisions of this Chapter.
3.
Land disturbance and development shall not occur in floodways, unless
allowed by a floodplain development permit as approved by the County.
4.
Stream buffers are to be recorded as conservation easement areas on the plats of developments. Land disturbance or development shall not occur along watercourses within twenty-five (25) feet from the top of the bank on first (1st) and second (2nd) order streams and one hundred (100) feet from the top of the bank on third (3rd) and higher order streams, wetlands and sink holes, except as provided for in Subsection (D) of this Section. This strip of land is called the buffer strip and consists of the area of land extending along a side of a stream. If a watershed plan has been developed for a watershed within Jefferson County and accepted by the County Council as an element of the Master Plan, unique conditions in that watershed may dictate the need for a wider buffer strip. In those cases, the recommendation for riparian buffer strips in the watershed plan will be the controlling factor.
5.
Buffer strips are divided into two (2) zones, the streamside zone
and the outer zone. The "streamside zone" is the area within twenty-five
(25) feet from the top of the bank on first (1st) and second (2nd)
order streams and fifty (50) feet from the top of the bank on third
(3rd) and higher order streams, wetlands and sink holes. The "outer
zone" is the area outside of the streamside zone within one hundred
(100) feet from the top of the bank on third (3rd) and higher order
streams, wetlands and sink holes.
6.
The natural conditions of a buffer strip should not be altered, except as allowed by this Chapter. The following activities are prohibited in a buffer strip, except with County approval granted in Subsection (B)(7) or (C) of this Section:
a.
Any land disturbance activity, such as clearing, grading, stripping,
filling or dumping.
b.
Storage or operation of motorized vehicles, except for maintenance
of the buffer strip or in emergencies situations.
c.
Septic tanks or drain fields.
d.
Structures and other impervious surfaces or cover.
e.
Stormwater retention or detention facilities.
7.
The following structures, practices and activities are allowed in
the streamside zone of a buffer strip, subject to meeting all other
requirements of the Unified Development Order.
a.
Recreational uses such as walking, fishing, bird watching, unpaved
trails and greenways.
b.
Education and scientific research.
c.
Roads, bridges, paths and utilities, including crossings by transportation
facilities or utility lines, upon receiving all applicable Federal,
State and County permits and meeting the requirements of this Chapter.
d.
Stream restoration projects, facilities and activities approved by
the Missouri Department of Natural Resources and U.S. Army Corps of
Engineers.
e.
Water quality monitoring and stream gauges.
f.
Removal of individual trees in danger of falling, causing damage
to structures or blocking the stream.
g.
Temporary stream, stream bank and revegetation projects to restore
or enhance a buffer strip.
h.
Docks and boat launches approved by MDNR and the County.
i.
Other uses permitted under this Chapter or Section 404 of the Clean
Water Act.
j.
Site investigation work necessary for land use applications.
k.
Stormwater discharge.
8.
The following structures, practices and activities are allowed in
the outer zone of a buffer strip, subject to meeting all other requirements
of the Code of Ordinances of Jefferson County, Missouri.
a.
All of the structures, practices and activities allowed in the streamside
zone.
b.
Existing and ongoing agricultural activities.
c.
Conservation uses, wildlife sanctuaries, nature preserves and passive
areas of parklands, such as campgrounds and picnic areas.
d.
Paved recreation trails.
e.
Excavation and fill activities required to plant new trees or vegetation.
f.
Routine maintenance of landscaping.
g.
Back yard area of a residential parcel meeting the requirements of Subsection (C)(2) of this Section.
h.
Back yard area of a commercial parcel, only when no portion of the
buffer strip is impervious.
i.
Control of noxious weeds and invasive species.
9.
All subdivision plats, improvement plans, site development plans
and SWPPPs shall show and label the buffer strip on the property,
provide a note that states there shall be no clearing, grading, construction
or disturbance of vegetation except as permitted by the Code of Ordinances
of Jefferson County, Missouri, and provide a note referencing a protective
covenant maintaining the buffer strip in common ground, a drainage
easement or a conservation easement referenced by book and page, if
possible, that restricts disturbance and use of the buffer strip.
11.
Preservation of a buffer strip shall be maintained in perpetuity
and made the responsibility of the owners association or property
owner.
C.
Buffer Strip Enhancement Plan.
1.
Clearing that is necessary to establish erosion and sediment
control devices or enable development of the site and establishment
of BMPs such as detention and sediment basins shall be installed in
accordance with the SWPPP.
2.
Residential land disturbance or development may occur, subject
to approval of a land disturbance permit, within the outer zone of
a buffer strip, upon submittal and approval by the County of a buffer
strip enhancement plan for improvement to the streamside zone or the
outer zone for encroachment of the outer zone. However, in no case
shall any land disturbance or development be within the streamside
zone of a buffer strip. The streamside zone shall be substantially
vegetated with native plant species and shall be maintained and made
to be preserved in native vegetation. Existing vegetated buffer strips
shall be preserved. Buffer strips that are not substantially vegetated
or are subject to grading as part of the vegetation project or to
stabilize the soils shall be enhanced to become substantially vegetated.
Use of plants, grasses and other vegetation native to Missouri are
encouraged.
Buffer strip enhancement plan is to be designed by a licensed
professional. An applicant may, with permission from the County, encroach
within the stream buffer area provided the applicant is able to demonstrate
that the water quality and stream morphology will not be adversely
affected or adequate mitigation provided to offset such adverse effects.
Mitigation may, include, but not be limited to, the following:
3.
The restoration or enhancement of a buffer strip shall not be
used as mitigation for another site. No off-site credits for on-site
improvements. The plan shall cover the entire buffer strip on the
development site, including the area within one hundred fifty (150)
feet adjacent to the buffer strip, and shall provide the following
information:
a.
The delineation and labeling of the stream buffer including
its streamside zone and its outer zone.
b.
A location map showing the limits of the FEMA delineated 100-year
floodplain.
c.
Delineated streams, other water bodies, wetlands and sink holes
on the property and one hundred fifty (150) feet onto adjacent properties
in the buffer strip.
d.
The location and labeling of any activities or structures proposed
in and within one hundred fifty (150) feet of the buffer strip.
e.
The delineation of all areas steeper than 3:1 slopes with the
percent slope shown.
f.
Identify the areas where there shall be no clearing, grading,
filling, construction or disturbance of vegetation.
g.
Provide language for any conservation easements governing the
buffer strips.
4.
In addition to Subsection (C)(2) of this Section, any reduced-width buffer strip shall be protected in perpetuity through the implementation of a legal mechanism such as a conservation easement. Physical mechanisms may also be necessary, such as implementation of an engineer's recommendation for a structural buffer to protect a slope or bank, installation of fencing or protection of an upland area impacting the buffer strip.
5.
Upon request, the County may alter the outer boundary of the
outer zone of a buffer strip to allow for the presence of an existing
structure as long as the streamside zone is not altered by the narrowing
and no new structures are constructed in the buffer strip.
D.
Phasing or revision of grading plans, or revision of submitted and
approved grading plans, if necessary, shall be approved by the County.
E.
Erosion control techniques include, but
not be limited to, the following:
[Ord. No. 19-0229, 4-11-2019]
1.
Permanent or temporary stabilization
shall be completed within fourteen (14) calendar days on all perimeter
dikes, swales, ditches, perimeter slopes and all slopes greater than
three (3) horizontal to one (1) vertical, embankments of ponds, basins
and traps; and within thirty (30) days on all other disturbed or graded
areas;
2.
If seeding or another vegetative
erosion control is used, it shall become established within thirty
(30) days, or the Director may require the site to be reseeded or
a non-vegetative option be employed;
3.
Special techniques that meet the erosion and sediment control
design criteria on steep slopes or in drainage ways to ensure stabilization;
4.
Stabilization of stockpiles as required under the applicable
County or DNR permit for the development;
5.
The entire site shall be stabilized, using a suitable mulch
layer or another method that does not require germination to control
erosion, at the close of the construction season or siltation control
structures or other suitable BMPs provided for the management of sediment
control;
6.
Techniques shall be employed to prevent the blowing of dust
or sediment from the site; and
7.
Techniques that divert upland runoff past disturbed slopes and
delivered to a non-erosive outlet shall be employed.
F.
Sediment control requirements, include, but not be limited to:
1.
Settling basins, sediment traps or tanks and perimeter controls;
2.
Settling basins that are designed in a manner that allows adaptation
to provide long-term stormwater management, if required by the Director;
and
3.
Protection for adjacent properties and waterways by the use
of a vegetated buffer strip in combination with perimeter controls.
G.
Watercourse or drainage way protection requirements shall, include,
but not be limited to:
1.
A temporary stream crossing, approved by the Director, shall
be installed if a wet watercourse will be crossed regularly during
construction, but only if the Director determines that the stream
crossing will not cause flooding of adjacent property;
2.
Stabilization of the watercourse channel before, during and
after any in-channel work;
3.
All on-site stormwater conveyance channels shall be designed
according to the erosion and sediment control design criteria; and
4.
Stabilization to prevent erosion at the outlets of all pipes
and paved channels.
H.
Construction site access requirements shall, include, but not be
limited to, a temporary rock access road provided at all sites, or
other measures required by the Director to ensure that sediment is
not tracked onto streets by construction vehicles or washed into storm
drains.
[Ord. No. 17-0244, 4-24-2017; Ord. No. 24-0371, 10-15-2024]
A.
No person shall release or cause to be released into the storm drainage
system any discharge that is not composed entirely of uncontaminated
stormwater, except as allowed under a NPDES permit, the DNR or this
Code. Common stormwater contaminants include trash, yard waste, lawn
chemicals, pet waste, wastewater, oil, petroleum products, cleaning
products, paint products, metals, hazardous waste and sediment.
B.
No person shall construct, use, maintain or have continued existence
of illicit connections to the storm drain system. This includes, without
limitation, illicit connections made in the past, regardless of whether
the connection was permissible under law or practices applicable or
prevailing at the time of connection.
C.
No person shall connect a line conveying sanitary sewage, domestic
sewage or industrial waste, including connections of a commercial
water filtration or water softener, to the storm drainage system.
D.
No person shall maliciously destroy or interfere with BMPs implemented
pursuant to this document.
E.
No person shall throw, place or deposit in any stream, creek, lake,
pond or river within the County limits any matter or thing liable
to impede, impair or pollute the water therein or to build, place,
throw or deposit on or along the banks thereof any structure or any
matter or thing of any description liable to decay and produce any
noxious gases or effluvia calculated to pollute or obstruct any of
such waters in the County of Jefferson, Missouri.
F.
No owner or occupant of any lot, tract or parcel of land within the
County limits will have a collection of water (excluding goldfish
ponds, ponds or lakes and wet detention/retention basins as designed
by an engineer) or shall remove any earth or soil from such lot, tract
or parcel of land so as to cause water to collect therein and become
stagnant, unclean, offensive or injurious to the individual, public
health or the environment.
G.
No person shall stockpile any manure in the County in a floodplain
or floodway, nor dump any manure to, include, but not limited to,
human, livestock or pet waste into any waterway or water body of Jefferson
County.
H.
Jefferson County shall have the right-of-entry to any lot, tract
or parcel of land by any of the inspectors or designee of the Director
of Public Works for the purpose of inspection of an illicit discharge.
The County has the right to enter a DNR permitted facility in the
event of an overflow, obvious by-pass such as, but not limited to,
the by-pass of the sand filter, direct discharge, etc. The County
has the right to make suggestions or recommendations and if the problem
is of a serious nature that produces an immediate risk to the health
of the residents of the County, the property of the residents of the
County and any risk to the environment, the County can require on
the spot corrections to fix the problem. All corrections shall still
be made in accordance to Missouri DNR regulations and/or the County
suggestions.
I.
It shall be unlawful for any person, firm or corporation to cause
or permit any sewage to be deposited, dumped, discharged or drained
on the surface or subsurface of the ground or about any public right-of-way
or ditch within the County, except as allowed under a NPDES permit,
the DNR or this Code. For the purpose of this Section, "sewage" is
defined as any substance that contains any of the waste products or
other discharges from the bodies of human beings or animals or chemical
or other wastes from domestic, manufacturing or other forms of industry.
Such definition shall, include, but not be limited to, the discharge
from laundry operations, both domestic and institutional.
J.
No well or cistern shall be left open or insecurely covered within
Jefferson County. These must be closed in accordance with Missouri
Department of Natural Resources regulations.
K.
It shall be unlawful for the owner or occupant of any residence,
institution, professional, commercial or business establishment or
for contractors or builders engaged in construction or remodeling
projects to deposit or accumulate refuse in or upon any lot, parcel
of land, public or private drive, alley, street, creek, dry creek
or any part of the County's stormwater system natural or manmade or
other place in the County, except in an approved containment device
or except as allowed under a NPDES permit, the DNR or this Code. No
person shall permit or allow any refuse in his/her yard or upon the
premises occupied by him/her or to throw or deposit any refuse upon
the premises of any other person or upon any of the streets, alleys
or other public places in the County.
L.
Homeowners associations shall maintain their detention/retention
basins and ensure proper working order of such. This is to include
a maintenance log and inspection log. This will include the visual
assessment of water quality of the outfall for such basin. The homeowners
association shall also insure that the basin(s) is properly mowed
and that it properly drains and does not allow standing water. This
excludes wet detention/retention basins that are designed by an engineer
and approved by the storm water division.
M.
Any amount of land disturbed under an acre shall have the appropriate
BMPs to control erosion and sediment and ensure the protection of
waterways and the adjoining property.
N.
No discharge of uncontaminated storm water from downspouts, sump
pumps, or other pumps or mechanical devices shall discharge in a manner
that causes erosion upon, damage to, or concentration of water upon
property adjoining the property from which the discharge occurs.
1.
Prior to the issuance of a citation, summons, or notice of violation
of this Subsection, the Director of Public Works or his or her representative
may give the owner, occupant, or lessee of the property from which
the discharge is occurring an opportunity to abate the discharge by
installing rip rap or some other form of diffuser.
2.
If the Director of Public Works or his or her representative elects
to provide the owner, occupant, or lessee with an opportunity to so
abate then prior to issuing a citation, summons, or notice of violation
the Director of Public Works or his or her representative shall serve
notice to the owner, occupant, or lessee either personally or by certified
mail, return receipt requested, and by posting such notice on the
property. Such notice shall, at a minimum, state:
a.
The owner, occupant, or lessee of this property must commence action,
within thirty (30) days of the date of this notice, to abate the discharge
of water present on this property by installing rip rap or some other
form of a diffuser. The owner, occupant, or lessee shall be directed
to please notify the Director of Public Works, Jefferson County, Missouri,
upon commencement of the action.
3.
Any person so notified shall be given thirty (30) days to commence
the action required by the notice. The notice may include a reasonable
time in which the required action shall be completed. If, in the judgment
of the Director of Public Works or his or her representative, it is
determined to be necessary to extend the time to complete the abatement
required by the notice provided herein, the Director of Public Works
shall specify the extension date, in writing, and serve an additional
notice of the date to which the extension is made.
4.
In the event that the owner, occupant or lessee fails to abate the
discharge the Director of Public Works may issue a citation or notice
of violation.
5.
The Director of Public Works or his or her representative is not
required to provide the owner, occupant, or lessee with an opportunity
to abate the discharge prior to the issuance of a citation, summons,
or notice of violation. However, the Director or his or her representative
should consider the effect and extent of the discharge before making
the determination of whether to issue a citation, summons, or notice
of violation without first providing an opportunity to abate the discharge.
[Ord. No. 17-0244, 4-24-2017; Ord. No. 20-0368, 8-28-2020; Ord. No. 24-0371, 10-15-2024]
A.
Permit Required. No person may engage in any land disturbance activity,
including persons engaged in land disturbance activity related to
utility installation or maintenance, without first obtaining a land
disturbance permit from the County, except as provided in this Chapter.
All new or redevelopment projects disturbing five thousand (5,000)
square feet or greater are required to obtain a land disturbance permit.
Land disturbance activities that disturb five thousand (5,000) square
feet to less than one (1) acre are generally not required to implement
permanent water quality Best Management Practices (BMPs) unless the
Director of Public Works determines that a permanent BMP such as a
swale, ditch, check dam or other similar measure is necessary, or
unless they are part of common plan of development or sale. Land disturbance
activities of one (1) acre or more, including projects less than one
(1) acre that are part of a larger common plan of development or sale,
are required to install structural or non-structural Best Management
Practices (BMPs) which address the quality of long-term stormwater
runoff and effectively remove stormwater pollution. BMPs will be designed
and implemented to prevent or minimize water quality impacts.
B.
Other Construction Permits Delayed. When a person is developing a
site and a permit is required in accordance with this Chapter, no
other construction permits shall be issued to make improvements on
that site until the person has secured a land disturbance permit for
the same site, unless such permits are unrelated to land disturbance
activity. This includes permits issued by any other County, State
or Federal agency.
C.
Exemptions. A permit is not required under this Chapter for the following:
1.
Any land disturbance activity that disturbs or will, in the
course of the subject development, disturb less than five thousand
(5,000) square feet of surface area. This does not preclude preventive
measures that need to be taken to prevent an increase in site erosion,
water runoff, siltation or other drainage to neighboring properties.
This exemption does not apply when the development is part of a common
plan or sale. Where it is determined that erosion measures are not
being taken, the Director may revoke application of this exemption
to subject site.
2.
All land farming operations, including plowing or tilling of
land for the purpose of crop production or the harvesting of agricultural
crops on land except where such activity may adversely affect aquatic
life or water quality. If an owner or any entity in which the owner
has a controlling interest has cleared or disturbed for an exempt
purpose, that owner may not develop the site for a two-year period
following the clearing or land disturbance activity.
3.
All quarry operations that have obtained all other necessary
County, State, and Federal permits. This does not include sites that
are harvesting soils or any other organic matters. Where it is determined
that proper controls are not being implemented, the Director may revoke
application of this exemption to subject site.
4.
Any activity that is immediately necessary for the protection
of life, property, public health or safety or natural resources.
5.
On-going sludge drying and storage activities by water and sewer
authorities at the treatment plant site under Missouri DNR operation
permit.
|
The Director encourages the use of best management practices
for sediment and erosion control techniques on all disturbed sites
including above exceptions.
|
D.
Application. To obtain a permit for land disturbance activity, the owner of the land, the holder of an access easement, an owner under contract or the site owner's authorized representative must submit a complete application, in writing, upon forms furnished by the County. The application shall be in accordance with the permit submission requirements delineated in Section 505.200.
A land disturbance permit must be issued in the name of the
current property owner.
E.
Fee. Before issuance of a permit, the applicant shall pay a fee to
cover the cost of administration, plan review, inspection services
and any other costs associated with the permit process. The fee shall
be as set by the County Council as seen in the following table. It
shall be paid to the Department of Public Works with the application.
Upon passage of this Section, the fee set forth in the schedule immediately
following shall take effect and continue in effect through calendar
year 2025. Commencing January 1, 2026, the fees in the second schedule,
set forth below, shall take effect.
|
Size of Land Disturbance
|
Land Disturbance Permit Fee
|
|---|---|
|
5,000 square feet to <1 acre
|
= $250.00
|
|
1 to 3 acres
|
= $750.00 + $50.00/acre
|
|
>3 to 10 acres
|
= $1,500.00 + $50.00/acre
|
|
>10 to 25 acres
|
= $2,250.00 + $25.00/acre* (# acres disturbed — 10 acres)
|
|
>25 acres or more
|
= $2,750.00 + $10.00/acre * (# acres disturbed — 25 acres)
|
|
The Land Disturbance Permit Fee includes inspection fees @ 5,000
square feet to < 1 acre = 6 hours, 1 — 3 acres = 20 hours
and >3 acres = 40 hours
| |
Fee Schedule to take effect January 1, 2026:
|
Size of Land Disturbance
|
Land Disturbance Permit Fee
|
|---|---|
|
5,000 square feet to <1 acre
|
= $300.00
|
|
1 to 3 acres
|
= $1,000.00 + $50.00/acre
|
|
>3 to 10 acres
|
= $2,000.00 + $50.00/acre
|
|
>10 to 25 acres
|
= $3,000.00 + $25.00/acre* (# acres disturbed — 10 acres)
|
|
>25 acres or more
|
= $3,750.00 + $10.00/acre * (# acres disturbed — 25 acres)
|
|
The Land Disturbance Permit Fee includes inspection fees @ 5,000
square feet to < 1 acre = 6 hours, 1 — 3 acres = 20 hours
and >3 acres = 40 hours
| |
F.
Review And Approval. The Director will review each application to
determine its conformance with the provisions of this Chapter and
the erosion and sediment control/stormwater design criteria authorized
hereby. The Director shall, in writing:
1.
Approve the permit application and the Storm Water Pollution Prevention Plan (SWPPP) required by Section 505.220, if the application complies with all the requirements of this Chapter and the Director determines that best management practices will be employed to control erosion and sedimentation to the maximum extent practicable; or
2.
Approve the permit application and the SWPPP required by Section 505.220 subject to conditions, as herein authorized, as may be reasonably necessary to secure the objectives of this Chapter, prevent the creation of a nuisance or an unreasonable hazard to persons or to public or private property and issue the permit subject to these conditions; or
3.
Disapprove the permit application and the SWPPP required by Section 505.220 indicating, in writing, the reason(s) therefore.
|
Approval of permit application and SWPPP does not alleviate the owner of responsibilities delineated in Section 505.130 or any of the requirements of this Code of Ordinances of Jefferson County, Missouri.
|
G.
Conditions Of Approval. In approving the issuance of any permit,
the Director may impose any conditions as may be reasonably necessary
to secure the objectives of this Chapter and/or prevent the creation
of a nuisance or unreasonable hazard to persons or to public or private
property. All permits shall include these conditions:
1.
The granting (or securing from others) and the recording in
the Recorder of Deeds office of easements for drainage facilities
on the property of others and for the maintenance of slopes or erosion
control facilities;
2.
Adequate control of dust by watering or other control methods
acceptable to the Director;
3.
Improvements of any existing grading, ground surface or drainage
condition on the site (not to exceed the area as proposed for work
or development in the application) to meet the standards required
under this Chapter for land disturbance, drainage and erosion control;
4.
Installation of sediment traps and basins if determined by the
Director;
5.
In the proximity of a school, playground or other areas where
children may congregate without adult supervision, the installation
of additional safety-related devices if determined by the Director.
H.
Modification Of Plan.
1.
Modifications of the approved plan must be submitted to the
County and shall be reprocessed in the same manner as the original
SWPPP, where:
a.
Field inspection or evaluation has revealed the inadequacy of
the approved plan to accomplish its erosion and sediment control objectives;
or
b.
The person responsible for carrying out the approved plan finds
that, because of changed circumstances or for other reasons, the approved
plan cannot be effectively carried out.
2.
In emergency situations, the Director may require the installation
of interim erosion and sediment control/stormwater control measures
to protect stream channels, other properties or the general public
from damage that will remain in effect until modifications or revisions
to the plan are approved and implemented.
3.
Field modifications of a minor nature that are consistent with
the criteria of this Chapter may be made without authorization, provided
the Director is notified of such changes within forty-eight (48) hours
of implementation.
I.
Assignment Or Transfer.
1.
If the permittee sells the property before the termination of
the permit, a new permit will be issued for the new owner of the site
upon application therefor, provided the original permittee is not
in violation of any County Code, ordinance or regulation.
2.
If the permittee sells any portion of the property before the
termination of the permit, the permittee will remain responsible for
that portion of the property until the new owner of the property obtains
a permit in compliance with County requirements.
3.
A new owner disturbing five thousand (5,000) square feet or
more of a portion of property covered by an approved plan for which
a completion certificate has not been issued shall obtain a land disturbance
permit before engaging in further land disturbance activities as required
by this Chapter.
J.
Termination Or Transfer Upon Completion. The permit shall be valid
from the time that it is issued until the site is permanently stabilized
and erosion and sediment control measures are in effect or the property
is transferred to a new permittee as provided hereinabove. The site
will be considered stabilized when either perennial vegetation, pavement,
buildings or structures, using permanent materials, cover all areas
that have been disturbed and all temporary erosion and sediment control
measures have been cleaned out and removed. To terminate the permit,
the permittee shall submit a written request to the County, provided
a new permit has been issued in the name of the new permittee. The
County will perform a final inspection of the site to evaluate the
completion of the measures specified in the permit.
[Ord. No. 17-0244, 4-24-2017]
A.
The following information shall be submitted to the Director as a part of the application for a land disturbance permit as required by Section 505.190:
5.
The permit fee as set forth in Section 505.190(E);
B.
Plans submitted in accordance with Subsections (A)(7) and (A)(8) of this Section must be prepared and certified by a licensed professional or by someone who has successfully completed certification requirements from a nationally recognized organization that specializes in soil and erosion control, with such certification to be based upon preparation, knowledge and experience, passage of an examination showing proficiency in the principles and practices of erosion and sediment control, as well as a peer reviewed application stating the candidate's education and years of experience working in the industry. The certification must require continuing education credits to maintain the certification and the professional must certify as part of his/her report that he/she has maintained such credits to date. The program must be approved by the County.
C.
The County may require any additional information or data deemed
appropriate and/or may impose conditions thereto as the Director may
deem necessary to ensure compliance with the provisions of this Chapter
to preserve public health and safety.
D.
The Director may waive the requirements for site maps, plans, reports
or drawings, if the Director finds that the information on the application
and supporting information is sufficient to show that the proposed
work will conform to the requirements of this Chapter.
E.
The applicant is bound by information submitted and by this Chapter.
[Ord. No. 17-0244, 4-24-2017]
A.
Subject to Section 505.200(A), as a part of each application, the applicant shall submit a site map that contains all of the information specified in the Erosion and Sediment Control/Stormwater Management Manual required by this Article:
1.
An attached vicinity map showing the location of the site in
relation to the surrounding area's watercourses and water bodies within
one hundred (100) feet, other geographic and natural features and
street and other structures;
2.
Existing and proposed topography of the entire site with contour
lines drawn with an interval in accordance with the following table:
|
Ground Slope
|
Contour Interval
|
|---|---|
|
Flat: 0 — 30%
|
2 feet
|
|
Steep: 30% +
|
5 feet
|
|
For minor subdivisions with minimum four (4) acre lots, U.S.G.S.
data may be used for existing topography for purposes of the land
disturbance permit.
|
3.
Drainage areas within one hundred (100) feet;
4.
Site's property lines shown in true location with respect to
the plan's topographic information;
5.
Location and graphic representation of all existing and proposed
drainage facilities (natural and manmade) and to which Jefferson County
watershed(s) the drainage occurs;
6.
Location, graphic representation and legend with a general description
of each soil type as described in the "Soil Summary of Jefferson County,
Missouri, United States Department of Agriculture, Natural Resources
Conservation Service" using Table 12, Building Site Development and
Table 13, Sanitary Facilities;
7.
Location of buffer strips delineating both streamside zone and the outer zone as defined in Section 505.170(B)(4);
8.
Delineation of any above grade natural or artificial water storage
areas, detention areas and drainage ditches on the site and a copy
of the 404 permit or a statement of no permit required;
9.
Delineation of any drainage, sanitary, utility or other easement(s)
on or near the site;
10.
Delineation of the 100-year floodplain and floodway on the site,
or a statement that there are no such floodplains located on the property;
11.
Location and graphic representation of proposed excavations
and fills, of on-site storage of soil and other earthen material and
prior to hauling, the location of off-premises disposal site;
12.
Location and general description of vegetation cover to be left
undisturbed;
13.
Location of existing surface runoff and erosion and sediment
control measures;
14.
Location of any water wells and on-site septic systems;
15.
Location and size of any sink holes;
16.
Quantity of soil in cubic yards to be disposed off-site;
17.
Proposed sequence of excavation, filling and soil or earthen
material storage and disposal;
18.
All locations of concrete washouts, hazardous material storage
sites, locations of temporary restroom facilities (e.g., port-a-potties),
locations for equipment storage and maintenance and the location of
the construction entrance and employee parking area. This will include
all BMPs to ensure that there is adequate protection and containment
for any form of spills; and
19.
The signature of a licensed professional.
[Ord. No. 17-0244, 4-24-2017; Ord. No. 24-0371, 10-15-2024]
A.
Erosion And Sediment Control Plan Guidance Checklist For Site Disturbance For One (1) Acre Or More. Subject to Section 505.200(A), as a part of each application for a project that will disturb one (1) acre or more an applicant shall submit a SWPPP that is drawn to an appropriate engineering scale and that includes sufficient information to evaluate the environmental characteristics of the affected area, to assess the potential impacts of the proposed land disturbance on water resources and identify proposed methods to minimize on-site soil erosion and prevent off-site sedimentation to the maximum extent practicable, including disturbance of topsoil and limitation on disturbance and areas preserved as buffer strips designated to protect drainage courses. The SWPPP shall contain all the information specified herein and meet all the erosion and sediment control design criteria established pursuant to Section 505.170.
B.
Erosion
And Sediment Control Plan Guidance Checklist For Site Disturbance
Five Thousand (5,000) Square Feet Or More But Less Than One (1) Acre.
As part of each application for a project that will disturb five thousand
(5,000) square feet or more but less than one (1) acre (excluding
those sites that fall under the requirements of a larger common plan
of development or sale) an applicant shall submit a SWPPP as part
of its site plan. The SWPPP shall contain the following:
1.
Existing and proposed contours.
2.
Drainage facilities and methods for preserving the natural watercourse
and patterns of drainage. Residential lots shall direct stormwater
discharges to the street where practical and not onto adjacent properties.
3.
Identify limits of any areas to be disturbed by the proposed construction.
4.
Amount of current impervious coverage and proposed impervious coverage.
5.
Methods to mitigate additional impervious coverage and/or address
drainage issues on the site.
6.
Connection to storm sewer and/or method of controlling storm water
runoff on site.
7.
Best Management Practices to reduce sediments and other pollutants
associated with construction activities. Provide necessary details
and maintenance requirements for Best Management Practices on the
plans.
a.
Concrete washouts are required where any concrete work will be performed.
b.
Construction entrances are required for all sites where construction
equipment will be entering or exiting the disturbed areas.
c.
Straw bales are typically not allowed and will only be considered
with the approval of the Director of Public Works.
8.
Location of siltation fences, mulch berms, and other runoff prevention
methods (as well as other items as required by the site plan review
process) and plans for maintenance of these installations during construction:
9.
Schedule of street and sidewalk cleaning to alleviate mud and dirt
on public right-of-way.
a.
The plan shall provide a minimum inspection and cleaning requirement
of once per day.
10.
Seal of a registered professional engineer in the State of Missouri.
11.
Bench mark information from the site survey.
12.
Other information as required by the Director of Public Works.
[Ord. No. 17-0244, 4-24-2017]
A.
The following items shall be submitted in support of an application
for a land disturbance permit:
1.
An identification of the areas on the site to be protected from
disturbance and the methods of the protection.
2.
Applicable State and Federal permits applied for or obtained.
3.
A description of, and the specification for, the measures to
be undertaken to retain sediment on the site, including, but not limited
to, designs and specification for berms and sediment detention facilities
and a schedule for maintenance and upkeep.
4.
A description of, and specifications for, the measures undertaken
to reduce surface runoff and control erosion, including, but not limited
to, types and methods of applying mulches, designs and specifications
for diverters, dikes and drains and a schedule for their maintenance
and upkeep.
5.
A description of the temporary and permanent vegetative measures
to be used, including seeding mixtures and rates, types of sod, method
of seedbed preparation, expected seeding dates, types and rates of
lime and fertilizer application, kind and quantity of mulching, the
type, location and extent of pre-existing undisturbed vegetation types
and vegetation to remain, including buffer strips, and a schedule
for maintenance and upkeep.
6.
Alternative methods of stabilizing the site when either seeding
is not performed in accordance with the work schedule or is performed
and is not effective.
7.
The location and description, including design details, of temporary
and permanent erosion, surface runoff and sediment control measures
and structures or show in a typical format with proposed locations
on the plan.
8.
The maximum surface runoff from the site, calculated using the
best available information and sound engineering principles.
9.
The sediment yield, calculated using the best available information
and sound engineering principles.
10.
The estimated duration of the permit, defined as the time for
the inception of the land disturbance until concluded and the site
stabilized.
11.
A statement noting that the contractor, developer and owner shall request the County to inspect and approve work completed in accordance with the approved plan and in accordance with this Chapter. The contractor, developer or owner shall be required to obtain written approval by the County at the stages of development as outlined in Section 505.280(E).
12.
The storm drainage system including quantities of flow and site
conditions around all points of surface water discharge from the site.
13.
The details of temporary and permanent stabilization measures,
including a construction note on the plan stating: "Following initial
soil disturbance or redisturbance, permanent or temporary stabilization
shall be completed within seven (7) calendar days on all perimeter
dikes, swales, ditches, perimeter slopes and all slopes greater than
three (3) horizontal to one (1) vertical, embankments of ponds, basins
and traps, and within fourteen (14) days on all other disturbed or
graded areas. This requirement does not apply to those areas that
are shown on the plan and are currently being used for material storage
or for those areas on which actual construction activities are currently
being performed.
[Ord. No. 17-0244, 4-24-2017]
A.
Subject to Section 505.200(A), the applicant shall submit a chronological construction schedule and approximate time frames for each activity specified herein and in the Erosion and Sediment Control/Stormwater Management Manual required by Section 505.170:
1.
Clearing and grubbing for those areas necessary for installation
of perimeter erosion control devices;
2.
Construction of perimeter erosion and sediment control devices;
3.
Remaining interior site clearing and grubbing;
4.
Installation of permanent and temporary stabilization measures;
5.
Grading for the site;
6.
Utility installation and statement of whether storm drains will
be used or blocked during construction;
7.
Building, parking lot and site construction if part of the land
disturbance activities;
8.
Final grading, landscaping or stabilization;
9.
Implementation and maintenance of final erosion control structures;
and
10.
Removal of temporary erosion control devices.
[Ord. No. 17-0244, 4-24-2017]
A.
When the County determines that because of soil types and the need to protect against erosion or other hazards or when the development proposes more than five (5) feet of cut or five (5) feet of fill, the applicant shall submit a soils engineering report, subject to Section 505.200(A). The report shall be based on adequate and necessary test borings and shall contain all the information listed below. Recommendations included in the report and approved by the County shall be incorporated in the SWPPP. The report shall include:
1.
Data regarding the nature, distribution, strength and erodibility
of existing soils.
2.
If applicable, data regarding the nature, distribution, strength
and erodibility of soil to be placed on the site.
3.
Conclusions and recommendations for grading procedures.
4.
Conclusions and recommended designs for interim soil stabilization
devices and measures and for permanent soil stabilization after construction
is completed.
5.
Design criteria for corrective measures when necessary.
6.
Opinions and recommendations covering the stability of the site.
[Ord. No. 17-0244, 4-24-2017]
A.
When the County determines that, subject to Section 505.200(A), additional information is required on properties to protect against landslides, faults or other geological hazards, the applicant shall submit an engineering geology report. The report shall be based on adequate and necessary test borings and give an adequate description of the geology of the site, with conclusions and recommendations, regarding the effect of geologic conditions on the proposed development and giving opinions and recommendations covering the adequacy of site to be developed by the proposed land disturbance activity. Recommendations included in the report and approved by the County shall be incorporated in the SWPPP. The report shall be based on subsurface exploration and testing that represents conditions of the entire parcel. The report shall include:
1.
Maps depicting regional geologic settings and site-specific
geologic formations and structures.
2.
Review of generally accepted published geologic reports pertaining
to the area.
3.
An adequate description of the geology of the site, including
description of bedrock lithology, structure and physical characteristics
(strength, jointing, weathering, hardness, special physical or chemical
features) and discussion of how the geologic structure affects the
site.
4.
Identification of active and dormant landslides based on both
site analysis and published geologic maps. Geologic cross sections
where appropriate to convey information on geologic relationships.
5.
Discussion of geomorphology and relevant hillslope and stream
processes. Identification and evaluation of any faults on or adjacent
to the site, including their degree of activity and their possible
engineering significance.
6.
Description and evaluation of off-site geologic hazards that
may affect the graded site.
7.
Conclusions and recommendations regarding the effect of geologic
conditions on the proposed development.
8.
These studies shall be performed for the entire parcel and shall
not be limited only to those portions to be graded.
9.
Reports should be signed by a Missouri licensed professional
engineer.
[Ord. No. 17-0244, 4-24-2017]
A.
Based on the Jefferson County Schedule of Construction Unit Prices,
prior to the issuance of a land disturbance permit, the applicant
must submit a performance guarantee agreement secured by a letter
of credit that meets the requirements specified in this Chapter and
in a satisfactory form and approved by the County Counselor. That
instrument shall be conditioned upon the faithful performance of the
terms of the permit and the soil erosion and sediment control stormwater
measures specified in the permit and approved plan within the time
authorized by the permit or within any extension granted. The amount
of the performance guarantee shall be sufficient to cover erosion/sedimentation
control (installation and maintenance) and soil stabilization of the
site in the event of default by the permittee. The Director may grant
a partial or complete waiver of the performance guarantee, upon application,
where the Director finds minimal impairment of existing surface drainage,
minimal erosion hazard and minimal sedimentation hazard upon any adjacent
land or watercourse and no hazard to human life or property.
B.
A performance guarantee shall remain in full force and effect until the applicable permit is terminated, pursuant to Section 505.190(J) and all other permittee's acts covered by the performance guarantee have been determined to be complete. If the permit holder does not faithfully perform the soil erosion and sediment control measures specified in the permit, the financial institution securing the letter of credit will cause the measures to be performed or may pay the County on demand the amounts needed to perform and maintain the measures. A release of the performance guarantee shall be transmitted to the letter of credit depositor upon termination of the applicable permit in accordance with Section 505.190(J). Failure to renew the performance guarantee thirty (30) days prior to its expiration shall be deemed a default.
[Ord. No. 17-0244, 4-24-2017; Ord. No. 20-0368, 8-28-2020; Ord. No. 24-0371, 10-15-2024]
A.
General. Land disturbance activity may not proceed until a land disturbance
permit has been issued by the County. All work must be performed in
accordance with a sequence shown on the approved plan and/or work
schedule or a revised sequence that shall be set forth in the SWPPP
by the applicant.
All new or redevelopment projects disturbing five thousand (5,000)
square feet or greater, including projects less than one (1) acre
that are part of a larger common plan of development or sale, are
required to install structural or non-structural Best Management Practices
(BMPs) which address the quality of long-term stormwater runoff and
effectively remove stormwater pollution. BMPs will be designed and
implemented to prevent or minimize water quality impacts.
A person must not initiate land disturbance activities sufficiently
close to the property line so as to endanger any adjoining property,
including a public street, sidewalk or alley. The adjoining property
should be supported and protected from damage that may result from
land disturbance activities including settling, cracking or vegetative
damage. If, in the opinion of the Director, the land disturbance activity
creates a hazard to life or property, which is not adequately safeguarded,
the permittee must construct walls, fences, guardrails or other structures
to safeguard the adjoining private property or public street, sidewalk,
alley or other public property and persons, as the Director may require.
B.
Execute The Approved Plan. The issuance of a permit shall constitute
an authorization to do the work described in the permit or shown on
the approved plan. A copy of the approved plan and the permit must
be available on the site for inspection or a sign must be placed on
site with contact notice information. Field markings showing limits
of disturbance must be on site during all installation of erosion
and sediment/stormwater control measures, construction or other land
disturbance activities.
C.
Maintain And Repair Stormwater Facilities During Development.
1.
The permittee or the owner of any property on which work has
been done pursuant to a permit or any other person or agent in control
of that property must inspect, maintain in good and effective condition
and promptly repair or restore all grade surfaces, walls, drains,
dams and structures, plantings, vegetation, erosion and sediment control
measures and other protective devices. The permittee or owner and
their agent, contractor and employees shall maintain and repair all
graded surfaces and erosion control facilities, drainage structures
or means and other protective devices, plantings and ground cover
installed while construction is active. Inspections shall be performed
and documented in accordance with regulations of Jefferson County.
Repair or restoration and maintenance must be in accordance with the
approved plan and permit as required by this Chapter.
D.
Maintain And Repair Stormwater Facilities After Development.
1.
Maintenance Agreement. Prior to issuance of a Land Disturbance
Permit, a Maintenance Agreement shall be entered with the County stating
the following:
a.
The Stormwater Management Facilities Operation and Maintenance
Design Report and Plan shall be the official document which contains
the practices to be followed for inspections and maintenance.
b.
Upon completion of the construction or installation of the permanent
Stormwater BMPs, as-builts will be submitted to the County that show
all relevant dimensions and elevations in order to ensure the stormwater
infrastructure will operate as designed.
2.
Stormwater Management Facilities Operations and Maintenance
Design Report. A Stormwater Management Facilities Operation and Maintenance
Design Report and Plan (O&M Plan) shall be submitted by the applicant
identifying the BMPs on-site as well as their specific inspection
procedures. A Stormwater Management Facilities Report shall contain
the following information:
a.
A detailed description of the BMPs used on-site including the
type, location, how stormwater is to be conveyed to and from the BMP,
and minimum/designed performance standards.
b.
The contact information for the site owner/manager or person
responsible for the inspections and maintenance of the site. This
includes name, phone number, mailing address, and email address.
c.
A site map with all BMPs identified in true location with respect
to the relevant topographic information. Relevant information consists
of roadways, streams, property lines, site addresses, drainage easements,
common grounds and other features that will aid in the determination
of the location.
d.
BMP specific tasks for routine and non-routine maintenance activities.
The description shall include the minimum frequency of routine maintenance
tasks. For proprietary BMPs, the O&M Plan provided by the manufacturer
shall be referenced and included.
e.
A sample inspection form to be completed at the time of each
inspection. For proprietary BMPs the manufacturer inspection checklist
should be included and utilized.
f.
Record retention requirements stating that records shall be
retained for a period of ten (10) years from the day the inspection
was performed.
g.
Desired O&M Plan changes should be submitted to the County
for review and approval. The Director may refuse any plan changes
believed to have a negative effect on stormwater quality or public
safety.
h.
In the event of a change of ownership, the Jefferson County
Department of Public Works shall be notified and the new contact information
shall be recorded in the O&M Plan.
3.
Transfer Of Responsibilities. The developer, when turning the
development over to the homeowners' association or owner, shall be
required to provide them with the original maintenance agreement,
stormwater management facilities design report and operation and maintenance
plan for the development in accordance with the rules, regulations
and requirements of the Code of Ordinances of Jefferson County, Missouri.
The developer shall also provide them with an estimate of annual costs
for the maintenance of the permanent stormwater infrastructure and
best management practices located within the development and as outlined
within the operation and maintenance plan.
4.
Easement. Permanent easements for maintenance of stormwater
management facilities shall be established on the final subdivision
plat for any project that has said facilities as part of the improvements.
The owner(s) of stormwater management facilities are hereby obligated
to maintain the facilities in good repair and working order.
5.
Covenants. When stormwater improvements are part of a subdivision
development wherein a homeowners' association will own the improvements,
the covenants or restrictions for said subdivision shall include a
statement obligating each property owner to maintain the stormwater
facilities. The covenants or restrictions shall authorize the association
to place a lien on property the owners of which fail to pay such assessments.
The language of the covenants or restrictions shall obligate the association
to perform a minimum of annual maintenance on the stormwater facilities
and to keep records of such maintenance for ten (10) years. Upon request,
records must be produced for inspection by Jefferson County. Maintenance
and repair, may include, but is not limited to, removal of silt, litter
and other debris from all catch basins, inlets and drainage pipes,
removal of grass cuttings and vegetation, the necessary replacement
of landscape vegetation and repair to any defects in stormwater structures.
6.
Inspection Of Stormwater Facilities. Jefferson County may establish
inspection programs to review maintenance and repair records, to sample
discharges, surface water, ground water and material or water in drainage
control facilities and to evaluate the condition of drainage control
facilities and other stormwater treatment practices. The property
owner(s) shall allow representatives of Jefferson County to enter
the property at reasonable times and in a reasonable manner for the
purpose of inspection. This includes the right to enter the property
when the County has a reasonable basis to believe that a violation
of this Order is occurring or has occurred.
E.
Inspections.
1.
Each site that has an approved plan shall be inspected as necessary
to ensure that erosion and sediment/stormwater control measures are
installed and effectively maintained in compliance with the approved
plan and permit. As a minimum, it is anticipated that the Director
will inspect the site at the following stages:
a.
Upon completion of installation of perimeter erosion and sediment
controls;
b.
During the construction of sediment basins or stormwater management
structures, at the inspection points required by the permit;
c.
Prior to the removal or modification of any erosion and sediment
control measure or practice; and
d.
Upon completion of final grading, including establishment of
ground covers and planting, installation of all vegetative measures
and all other work in accordance with the approved plan.
F.
Remove Fugitive Materials. If soil, earth, sand, gravel, rock, stone or other material is caused to be deposited upon or to roll, flow or wash upon any public or private property and/or public road in violation of Section 505.130, the person responsible shall be notified and must cause the material to be removed from that property within forty-eight (48) hours or other time period as determined by the County. In the event of an immediate danger to the public health or safety, notice must be given by the most expeditious means and the material must be removed immediately.
G.
Non-Interference With County's Corrective Actions. A person must
not interfere with an authorized representative or agent of any surety,
issuing organization or entity nor shall a person obstruct the ingress
to or egress from a site or premises. This non-interference extends
to the County engaged in completing the required work to be performed
under the permit or in complying with the terms or conditions of the
approved plan or the permit.
[Ord. No. 17-0244, 4-24-2017]
A.
Inspections And Notice Of Failure. The
County may inspect the work and upon prior notice to the permittee
(except in cases of emergency in which the injury to persons or property
is imminent) notify the permittee or the representative of the permittee,
if there is a failure to comply with the requirements of this Chapter.
Following notice of a potential violation, the permittee shall be
given the opportunity to accompany any such inspector and to participate
in the inspection. The notice issued for violation must, at a minimum,
state the nature of the violation, any practice or approved plan deficiencies,
required corrective action and compliance time. After a notice to
comply is given, the permittee or the permittee's contractor(s) shall
be required to make the corrections within the time period determined
by the County. If an imminent hazard exists, the County shall require
that the corrective work begin immediately. Notice of minor deficiencies
may be given to responsible personnel on site. The following summarizes
the priority rating system in terms of site inspections conducted
by the County:
[Ord. No. 19-0229, 4-11-2019]
1.
Priority 1 Rated Sites.
a.
Priority 1 rated sites exhibit minor
deficiencies such as, but not limited to:
(1)
Silt fence partially
functional, but not upright;
(2)
Developer inspections
not current;
(3)
Minor sediment on streets
and entrances to public roadways;
(4)
Construction trash and
debris;
(5)
Disturbed areas unstabilized
past requirements;
(6)
Storm inlet maintenance
issues;
(7)
Removal of BMPs no longer
in use;
(8)
Other minor deficiencies
as noted in the inspection.
b.
In general, most permitted sites
would begin with this rating. Sites that are classified under this
rating will be given seven (7) calendar days to correct the minor
deficiencies. These types of deficiencies can sometimes require more
than seven (7) days to regain code compliance. In these cases, an
agreement between the permit holder and the Director would need to
be reached and included in the inspection report. A notice of inspection
letter will be included in the field inspection report for permitted
sites or mailed to the accused in a complaint-driven investigation.
2.
Priority 2 Rated Sites.
a.
Priority 2 rated sites exhibit minor
deficiencies that were not corrected by the date stated in the initial
Priority 1 inspection report, or sites that exhibit major deficiencies
such as, but not limited to:
(1)
Unprotected storm inlets
or non-functional device at storm inlets;
(2)
Lack of concrete washout
or lack of maintenance thereof;
(3)
Sediment on streets
and entrances to public roadways posing a dangerous situation for
traffic safety or damage to property;
(4)
Stream buffer encroachment
without an approved variance;
(5)
Improper storage of
hazardous materials;
(6)
Illicit discharge;
(7)
Discharge off site or
into sewer system, stream buffer or water course;
(8)
Failure to install BMPs
as needed or detailed in the approved SWPPP;
(9)
Other major deficiencies
as noted in the inspection.
b.
In general, some permitted sites
that fail to comply with the Priority 1 inspection report would move
to this rating. Unpermitted sites, complaint-driven sites and some
permitted sites could be initially rated as Priority 2. Sites that
are classified under this rating will be given seven (7) calendar
days to correct the deficiencies. A first notice of violation letter
will be included in the field inspection report for permitted sites
or mailed to the accused in a complaint-driven investigation. The
letter will note specific directions, timeline for correction and
date of the follow-up site inspection. If the Director requires any
immediate action to mitigate risk to life or property, then such actions
will also be detailed.
c.
Priority 3 rated sites exhibit deficiencies
that were not corrected by the date stated in the Priority 2 inspection
report. Sites that are classified under this rating will be given
five (5) calendar days to correct the deficiencies. A second notice
of violation letter will be included in the field inspection report
for permitted sites or mailed to the accused in a complaint-driven
investigation. The letter will note specific directions, timeline
for correction and date of the follow-up site inspection. This letter
will also require a follow-up inspection by the Director or designee
prior to any potential enforcement action being taken. If the Director
requires any immediate action to mitigate risk to life or property,
then such actions will also be detailed.
d.
Priority 4 rated sites exhibit deficiencies
that were not corrected by the date stated in the Priority 3 inspection
report. If the requirements of the second notice of violation are
not adhered to and by the date required, then a final notice of violation
will be issued giving twenty-four (24) hours for the deficient site
to return to compliance. If no resolution to the issues persists past
this point, then the County shall issue a stop work and citation.
The County may be required to utilize any performance agreement escrow
in the case of severe non-compliance of permitted land disturbance
sites. This shall be at the discretion of the Director.
B.
Third (3rd) Party Inspections, If Necessary. If as-built plans are not being furnished for the job, then, in addition to its own inspections, the County may require that any portion of the construction of basins or structures be inspected and certified by a licensed professional. The permittee may be required to secure the services of a licensed professional to inspect the construction of the facilities and provide the County with a fully documented certification that all construction is done in accordance with the provisions of the approved plan, applicable rules, regulations and criteria. If a certification is provided to the County, inspections anticipated under Section 505.280(E)(1)(b) for the basin or structure may be waived. In these cases, the County must be notified at the required inspection points and may make spot inspections.
C.
Suspension.
1.
Any permit issued under this Chapter may be suspended by the
County, after notice, if the County determines that:
a.
The site is not in substantial compliance with the approved
plan or any permit condition;
b.
Permittee fails to submit reports timely, when requested to
do so by the County;
c.
A violation of any provision of this Chapter or any other applicable
law, order, rule or regulation relating to the work exists;
d.
A condition exists or any act is being done that constitutes
or will create a nuisance or hazard or endangers or will endanger
human life or the property of others; or
e.
The approved plan is failing to achieve required erosion and
sediment control/stormwater management objectives due to site characteristics
or conditions and the permittee has not submitted or followed an approved
modified plan.
2.
The County shall reinstate a suspended permit upon the permittee's
correction of the cause of the suspension.
D.
Stop Work Orders.
1.
In addition to the other authority granted by this Chapter,
the County may post a site with a stop work order directing that all
or any portion of the land disturbance activity cease immediately,
provided that:
a.
The County determines that the land disturbance activity violates
a condition or requirement of the permit or approved plan or any provisions
of this Chapter or regulations;
b.
Written warning notice is furnished to the permittee or the
permittee's representative that lists deficiencies and the time within
which the corrections must be made; and
c.
The permittee fails to comply with the warning notice within
the specified time.
2.
A person must not continue or permit the continuance of work
in an area covered by a stop work order, except work required to correct
deficiencies with respect to an erosion or sediment/stormwater control
measure.
3.
For the purposes of this Chapter, a stop work order is validly
posted by posting a copy of the stop work order on the site of the
land disturbance activity in reasonable proximity to a location where
the land disturbance activity is taking place.
4.
A stop work order may be issued without a warning notice where
the County determines that:
5.
Except as otherwise provided, the County must provide written
notice to the permittee or a representative of the permittee when
a stop work order is issued. A copy of the order, in the case of work
for which there is a permit, shall be mailed by first class mail,
postage pre-paid, to the address listed by the permittee on the permit.
In the case of work for which there is no permit, a copy of the order
shall be mailed to the person listed as owner of the property by Jefferson
County. That notice must specify the extent to which work is stopped
and the conditions under which work may resume. The permittee is responsible
for the actions of agents of the permittee and must notify those agents
when a stop work order is issued that will affect an area within which
the agents are to work. In this regard, "agent" is defined as any
person who acts at the instruction, with the permission, or to the
benefit of the permittee. A hearing shall be held before the Director
within forty-eight (48) hours after the issuance of the stop work
order unless resolved prior to the time of the hearing.
E.
County's Right To Correct And Recover Costs On Active Land Disturbance
Sites.
1.
Within ten (10) days after posting the order, the County (if the deficiencies specified in the stop work order have not been satisfied) may issue a notice of intent to the permittee, owner or land user of the County's intent to perform work necessary to comply with this Chapter pursuant to the guarantee agreement. The County may go on the land and commence work after fourteen (14) days from issuing the notice of intent. The costs incurred by the County to perform this work shall be paid out of the performance guarantee required by Section 505.200.
2.
Whenever the County finds that a default has occurred in the performance of any term or condition of the permit, approved plan, performance guarantee or a violation of Section 505.130(C) has occurred, written notice of default must be given to the permittee and to the surety or issuing organization or entity. The notice must state the work to be done, the estimated cost and the specified period of time deemed by the County to be reasonably necessary for completion of the work.
3.
In the event of any default in the performance of any term or
condition of the permit or performance guarantee, the County, the
surety, the issuing organization or entity or any person employed
or engaged on its behalf has a right to go upon the site to complete
the required work necessary to control erosion and sedimentation or
to protect properties, watercourses and persons. In the event the
County undertakes this work with the funds from a forfeited performance
guaranty, the funds must be used to pay the cost of contracting, including
engineering and administration, for necessary restoration of the site
to control erosion and sediment/stormwater within the requirements
of the approved plan, permit, performance guarantee or this Chapter.
4.
In the event any soil, earth, sand, gravel, rock, stone or other material that is caused to be deposited upon or to roll, flow or wash upon any public or private property in violation hereof and is not removed after notice as provided in Section 505.290(A), the County may cause the removal. The failure to remove shall be treated as a default on the performance guarantee and remedy the default as authorized by Section 505.280(D)(4).
F.
County's Right to Correct and Recover Costs On Repairs to Permanent
Stormwater BMPs.
1.
The County may issue a Notice of Corrective Action Required
when it performs an inspection on a Stormwater BMP and finds it to
not be in compliance with the original design requirements. Inspections
may be triggered from complaints of insufficient care or as part of
a routine inspection to ensure compliance.
2.
After a Notice of Corrective Actions Required, the responsible party will have thirty (30) days to correct the deficiency or enter into a contract with a third party who will be acting on their behalf. If the BMP services parts of the Urbanized Area of the County and no corrective actions are taken within thirty (30) days of the Notice of Corrective Actions Required, the County will issue a Notice of Intent to the responsible party. The County may go on the property and perform corrective actions after thirty (30) days from issuing the Notice of Intent. The cost incurred by the County to perform the work will be recuperated per the guidelines in Section 505.050.
[Ord. No. 17-0244, 4-24-2017]
A.
Other Laws. Neither this Chapter nor any decision made with respect
hereto exempts the applicant or any other person from other requirements
of the County Code or from State and Federal laws or from procuring
other required permits, nor do they limit the right of any person
to maintain, at any time, any appropriate action, at law or in equity,
for relief or damages against the applicant or any person arising
from the activity regulated by this Chapter.
This Chapter shall not be construed to be in conflict with any
State or Federal law intended to control erosion, sedimentation and
stormwater. In those instances where State or Federal law imposes
a more strict duty or requirement with respect to a matter covered
by this Chapter, the more strict duty or requirement shall control.
B.
Liability Insurance.
1.
Contractors or subcontractors performing land disturbance activities
shall be insured against liability for claims for damages for personal
injury and property damage and certificates of insurance shall be
made available to the County upon request. Neither issuance of a permit
nor compliance with these provisions or any condition imposed by the
County relieves any person from any responsibility for damage to persons
or property otherwise imposed by law, nor imposes any liability upon
the County for damages to persons or property.
2.
The permittee is responsible for safely and legally completing
the project. Neither the issuance of a permit under the provisions
of this Chapter nor the compliance with the provisions hereto or with
any condition imposed by the County shall relieve any person from
responsibility for damage to persons or property resulting therefrom
or as otherwise imposed by law, nor impose any liability upon the
County for damages to persons or property.
