[Ord. No. 8748, 11-22-2021]
These regulations shall be known as the "Land Disturbance Code"
of Florissant, Missouri, hereinafter referred to as "this code."
[Ord. No. 8748, 11-22-2021]
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.
[Ord. No. 8748, 11-22-2021]
The purpose of this code is to safeguard persons, protect property
and prevent damage to the environment in the City of Florissant. This
code will also promote the public welfare by guiding, regulating and
controlling the design, construction, use and maintenance of any development
or other activity that disturbs or breaks the topsoil or results in
the movement of earth on land in Florissant, Missouri.
[Ord. No. 8748, 11-22-2021]
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 Florissant, Missouri.
[Ord. No. 8748, 11-22-2021]
For the purpose of this code, the following terms, phrases,
words and their derivations shall have the meanings given herein.
Where terms are not defined by this Section, such terms shall have
ordinarily accepted meanings such as the context implies.
BEST MANAGEMENT PRACTICES or BMP
Practices, procedures or a schedule of activities to reduce
the amount of sediment and other pollutants in storm water discharges
associated with construction and land disturbance activities.
BUILDING DIVISION
The Florissant Building Division, acting through its Director
or the Building Commissioner.
CLEARING
Any activity that removes the vegetative surface cover.
COUNTY
St. Louis County, Missouri.
DEPARTMENT OF HIGHWAYS AND TRAFFIC
The applicable highway or street department (City of Florissant,
St. Louis County Department of Highways and Traffic, Missouri Department
of Transportation) acting through its Director or his/her duly authorized
designee.
DRAINAGE WAY
Any channel that conveys surface runoff through a site.
ENGINEERING DIVISION
The Florissant Engineering Division acting through its Director
and the City Engineer.
EROSION
The wearing away of land surface through the action of wind
or water.
EROSION CONTROL
Any Best Management Practices (BMP) that prevents or minimizes
erosion.
GRADING
Reshaping the ground surface through excavation and/or fill
of material.
LAND DISTURBANCE ACTIVITIES
Clearing, grading or any related work which results in removal
of the natural site vegetation and destruction of the root zone or
otherwise results in leaving the ground surface exposed to soil erosion
through the action of wind or water.
LAND DISTURBANCE 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 either major or ordinary
land disturbance activities.
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.
PERIMETER CONTROL
A barrier that prevents sediment from leaving a site by filtering
sediment-laden runoff or diverting it to a sediment trap or basin.
PHASING
Clearing a parcel of land in distinct stages, with the stabilization
of each phase substantially completed before the clearing of the next.
QUALIFIED PROFESSIONAL
A Missouri licensed professional engineer or other person
or firm knowledgeable in the principles and practices of erosion and
sediment control, including the Best Management Practices described
in this code.
RUNOFF COEFFICIENT
The fraction of total rainfall that exits at the outfalls
from a site. This depends not only on the surface cover and soil types,
but also on the recurrence interval, antecedent moisture content,
rainfall intensity, drainage area, slope and fraction of imperviousness.
SEDIMENT CONTROL
Any Best Management Practices (BMP) that prevents eroded
sediment from leaving a site.
STABILIZATION
The use of Best Management Practices (BMP) that prevent exposed
soil from eroding from a land disturbance site.
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 City of Florissant and
ensure compliance with the terms and conditions of the applicable
State permits, including adherence to the land disturbance program
contained in Missouri MS4 NPDES permits.
WATERCOURSE
A natural or artificial channel or body of water, including,
but not limited to, lakes, ponds, rivers, streams, ditches and other
open conveyance, that carries surface runoff water either continuously
or intermittently.
[Ord. No. 8748, 11-22-2021]
The provisions of this code shall not be deemed to nullify any
provisions of City of Florissant, State or Federal law.
[Ord. No. 8748, 11-22-2021]
A. 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 as associated with land disturbance
permits:
1.
Receive applications for land disturbance permits;
2.
Coordinate the review of permit applications and accompanying
documents with the City's Building Division and the Metropolitan
St. Louis Sewer District (MSD);
3.
Clear issuance of major land disturbance permits with the applicable
Department of Highways and Traffic and the Metropolitan St. Louis
Sewer District (MSD) and issue such permits;
4.
Administer the determination, collection and release of site
development escrows required by this code;
5.
Inspection of land disturbance activities;
6.
Inspection of land disturbance activities within or abutting
areas designated 100-year floodplain; and
7.
Plan review, inspection and issuance 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.
B. Engineering Division. The Engineering Division shall have the authority
and responsibility to perform the following functions related to the
enforcement of this code:
1.
Plan review of major land disturbance activities;
2.
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 City; and
3.
Plan review of Land Disturbance Activities within or abutting
areas designated 100-year floodplain or 500-year floodplain.
[Ord. No. 8748, 11-22-2021]
City and County departments having enforcement authority and responsibilities described in Section
505.230 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.
[Ord. No. 8748, 11-22-2021]
A. 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 in conflict with or in violation of any of the provisions
of this code.
B. Notices Of Violations. When the Department of Public Works 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 ten (10) days after notification shall be subject to the penalties enumerated in Sections
505.250(D) and
(E).
C. Prosecution Of Violation. If the violator does not abate the violation
promptly, the Department of Public Works shall request the appropriate
prosecuting attorney to institute the appropriate proceeding at law
or in equity to restrain, correct or abate such violation.
D. Any person, firm or corporation who shall violate any provision of
this code or who shall fail to comply with any of the requirements
thereof or who shall 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 and Traffic or of a permit or certificate
issued under the provisions of this code or shall start any work requiring
a permit without first obtaining a permit therefore or who shall continue
any work in or about a structure 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 any owner of a property or any other person who commits, takes
part or assists in any violation of this code or who maintains any
property on which such violation shall exist 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 thirty (30) days, or
both such fine and imprisonment. Each day that a violation continues
shall be deemed a separate offense.
E. No Permit Penalty. In addition to the penalties set out above, the following procedure shall be followed where a City department identified in Section
505.230 determines that work has been started prior to the acquisition of a permit required by this code:
1.
The Department of Public Works shall issue a stop work order.
2.
The department Director shall notify the violator of his/her
assessment regarding the appropriate penalty amount to be assessed
against the violator, which shall not exceed one thousand dollars
($1,000.00) for each day that work occurs without a permit. In making
the assessment, the department shall 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. In no case will a no permit penalty be assessed
against a property owner unless he/she actually performed the work
involved.
3.
At the violator's option, he/she may deposit the assessed
penalty amount in escrow (certified check or cash only) with the Department
of Public Works, in which case the violator's right to a hearing
will be preserved.
4.
No permit penalties are appealable to the Building Code Board
of Appeals in the same manner as other decisions of the department.
The department may revise its assessment upon notice to both the Board
of Appeals and the violator at any time prior to the hearing. Likewise,
at any time prior to the hearing, the violator may accept and pay
the recommended penalty amount and the hearing will be canceled.
5.
At the hearing before the Building Code Board of Appeals, said
Board of Appeals shall afford both the department and the alleged
violator an opportunity to present any evidence or make any statements
they wish to have considered.
6.
Following the hearing the Building Code Board of Appeals shall
determine whether a permit was required.
a.
If the Board determines that a permit was required, an appropriate
penalty amount shall be assessed, taking into account the same considerations
as noted above. The stop work order shall remain in full force and
effect until such time as the penalty amount is paid and the violator
has complied with all other regulations pertaining to the issuance
of permits.
b.
If the Board determines that no permit was required, the department
shall immediately cancel the stop work order.
F. Abatement Of Violation. The imposition of the penalties herein prescribed
shall not preclude the Florissant prosecuting attorney 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.
G. Permit Suspension Or Revocation. 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, the Department of Public
Works or the Department of Highways and Traffic may suspend or remove
such permit.
H. Unlawful Continuance. Whenever the Department of Public Works or the Department of Highways and Traffic finds that any land disturbance activity is being prosecuted contrary to the provisions of this code or in an unsafe and dangerous manner, the owner or the person performing such activity shall immediately stop such activity. 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. 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 Section
505.250(D) or
(E) of this code.
[Ord. No. 8748, 11-22-2021]
A. Application For Appeal. Any person shall have the right to appeal
a decision of the Department of Public Works or the Department of
Highways and Traffic to the Florissant Building Code Board of Appeals.
An application for appeal shall be based on a claim that the intent
of this code or the rules or regulations adopted thereunder have been
incorrectly interpreted or the provisions of this code do not apply.
B. 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.
C. Filing Fee. All appeals must be accompanied by a fee in the amount
of one hundred dollars ($100.00).
D. Notice Of Meeting. The Board shall meet upon notice from the Chairman
within ten (10) days of the filing of an appeal or at stated periodic
meetings.
E. Open Hearing. All hearings before the Board shall be open to the public. The appellant, the appellant's representative, the department(s) having enforcement authority and responsibilities described in Section
505.230 of this code and any person whose interests are affected shall be given an opportunity to be heard.
F. Procedure. The Board shall adopt and make available to the public
through the Secretary 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.
G. Commission Decision. Decisions by the Board to reverse or modify
a decision by a department requires a minimum vote of three (3) members.
H. Resolution. The decision of the Board shall be in writing. Copies shall be furnished to the appellant and to the department(s) having enforcement authority and responsibilities described in Section
505.430 of this code.
I. Administration. The applicable department identified in this Section
of the code shall take immediate action in accordance with the decision
of the Board.
J. 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 decision.
[Ord. No. 8748, 11-22-2021]
A. City Permit Required. Any person who intends to conduct any land
disturbance activity must obtain a permit prior to beginning the activity.
The type of permit shall be as required by this Section unless specified
otherwise within this Section.
B. Major Land Disturbance Permit. No person shall perform any major
land disturbance activity prior to receipt of a major land disturbance
permit. Applications for major land disturbance permits shall be filed
with the Department of Public Works.
C. Ordinary Land Disturbance Permit. No person shall perform any ordinary
land disturbance activity prior to receipt of an ordinary land disturbance
permit. Applications for ordinary land disturbance permits shall be
filed with by the Department of Public Works.
D. City Building Permit 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 authorized by a permit issued under the Building Code
as an integrated permit for the proposed construction.
E. Limitation On Transfer Of Land Disturbance Permits. Any person who
buys land from a person who has been issued a land disturbance permit
under Section of this code must obtain a separate land disturbance
permit from the City. Exceptions:
1.
Major land disturbance permits may be transferred to a new landowner
provided the original permit holder obtains the approval of the Department
of Public Works to retain responsibility for the land disturbance
activities on such property.
2.
Ordinary land disturbance permits may be transferred to a new
landowner provided the original permit holder obtains the approval
of the Department of Public Works to retain responsibility for the
land disturbance activities on such property.
F. Exceptions — Land Disturbance Required. Land disturbance permits
are not required for the activities identified as items (1) and (8)
in this Subsection, nor are such permits required for the activities
identified in items (2), (3), (4), (5), (6) and (7), provided the
activity does not alter or cause to be altered the present surface
of the ground:
By any cut or fill at the property;
By any cut or fill that would permanently divert one drainage
area to another drainage area;
By any cut or fill which would deposit mud or harmful silt or
create erosion or damage to adjoining properties; or
By any cut or fill that would block or affect an existing swale
or drainage path in a manner to cause damming and ponding.
1.
Any emergency activity that is immediately necessary for the
protection of life, property or natural resources.
2.
Existing farming, nursery and agricultural operations conducted
as a permitted or accessory use.
3.
Excavation of fill of less than thirty (30) cubic yards provided
the land disturbance activity is for the improvement of the property.
Erosion and sediment control measures shall be provided, when necessary,
until grass or other vegetation is established or other approved means
of ground cover means are used.
4.
Land disturbance activities associated with additions to and
accessory structures for one- and two-family dwellings.
5.
Land disturbance activities less than two thousand (2,000) square
feet in area.
6.
Removal of existing or dying grass or similar vegetation by
disturbing not more than ten thousand (10,000) square feet and resodding
or reseeding with new landscaping to include preparation of the seedbed;
provided erosion and sediment control measures are provided until
grass or other vegetation is established. Any cut or fill in conjunction
with the preparation of the seedbed shall not exceed thirty (30) cubic
yards.
7.
Gardening and similar activities on property occupied by one-
or two-family dwellings.
8.
Land disturbance activities by any public utility for the installation,
inspection, repair or replacement of any of its equipment or for its
collection or distribution lines or piping systems; provided erosion
and sediment control measures are provided until the grass or other
vegetation is established or other approved ground cover means are
used. This exception does not apply to any land disturbance activity
associated with work that requires a building permit.
G. State Of Missouri Permits Required. The permit applicant must obtain
a land disturbance permit from the State of Missouri Department of
Natural Resources for any site where one (1) acre or more of land
will be disturbed, before beginning any site work authorized by a
City 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.
[Ord. No. 8748, 11-22-2021]
A. Permit Applications. Applications for land disturbance permits required
by this code shall be in the form prescribed by and accompanied by
the site plans and documents determined necessary by the department
responsible for issuing the permit. Such applications shall include
proof that proposed land uses have received zoning approvals from
the City.
B. 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. The application shall contain a statement
that any land clearing, construction or development involving the
movement of earth shall be in accordance with the Storm Water Pollution
Prevention Plan and the applicant will assume and acknowledge responsibility
for compliance with this code and the Storm Water Pollution Prevention
Plan at the site of the permitted activity.
C. Required Site Development Escrows For Major Land Disturbance Permits.
Applicants for major land disturbance permits shall file a site development
escrow in the form of a letter of credit or other improvement security
in an amount deemed sufficient by the Department of Public Works to
cover all costs of improvements, landscaping and maintenance of improvements
for such period as specified by the Department of Public Works. The
site development escrow shall include engineering and inspection costs
sufficient to cover the cost of failure or repair of improvements
installed on the site.
D. Release Of Escrows — Project Closure. Any site development
escrow will not be fully released to the property owner, site operator
or permit holder until all of the following have been completed:
1.
All temporary storm water controls Best Management Practices
(BMPs) have been removed and the site has been fully stabilized.
2.
All permanent storm water controls Best Management Practices
(BMPs) have been completed.
3.
All final inspections/certifications have been completed by
each of the government jurisdictions involved in authorizing the project.
[Ord. No. 8748, 11-22-2021]
A. Issuance Of Permits. Land disturbance permits shall not be issued
until the fees associated with the permit are paid to the Department
of Public Works specified in this code.
Exception: Individual City departments may defer all or parts
of fees to a later stage of site development. Individual City departments
are exempt from fees.
B. 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
505, Article
II of Florissant City Code of Ordinances. 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.
C. 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 applicable department's regulations.
[Ord. No. 8748, 11-22-2021]
A. Content — Storm Water Pollution Prevention Plan (SWPPP). The design requirements in Section
505.310 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.
2.
Site address or location description and parcel identification
number(s).
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 department(s) having enforcement authority and responsibilities described in Section
505.230 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, spreading and compacting.
5.
A natural resources map identifying soils, forest cover and
resources protected under other provisions of City ordinances.
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.
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 off-street parking and wash down area
for related vehicles.
14.
Sources of off-site borrow material or spoil sites and all information
relative to haul routes, trucks and equipment.
15.
The anticipated sequence of construction and land disturbance
activities, including installation of Best Management Practices (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 and estimates of the cost of maintenance.
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.
B. Required Plan Amendments — Storm Water Pollution Prevention
Plan (SWPPP). The permit holder shall 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 City 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 from a storm water outfall exceeds one-half
(1/2) ml/L/hr if the discharge is within the prescribed proximity
of a "Valuable Resource Water" as defined by the Missouri Department
of Natural Resources;
8.
Total settleable solids from a storm water outfall exceeds two
and one-half (2.5) ml/L/hr for any other outfall; or
9.
The City or County or the Missouri Department of Natural Resources
determines violations of water quality standards may occur or have
occurred.
C. 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, City 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 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); and
4.
Maintain a current copy of the Storm Water Pollution Prevention
Plan (SWPPP) on the site at all times.
[Ord. No. 8748, 11-22-2021]
A. Design. The design of erosion and settlement 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 only.
3.
Cut and fill slopes shall be no greater than three to one (3:1)
except as approved by the Department of Public Works or the applicable
Department of Highways and Traffic to meet other community or environmental
objectives.
4.
Clearing and grading of natural resources, such as forest and
wetlands, shall not be permitted, except when in compliance with all
other City 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
practicable.
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 Public Works at the time of plan review for the
issuance of a major land disturbance permit.
B. Erosion Control Design. Erosion control requirements shall include
the following:
1.
Soil stabilization shall be completed within five (5) days of
clearing or inactivity in construction.
2.
If seeding or another vegetative erosion control method is used,
it shall become established within two (2) weeks or the site shall
be reseeded or a non-vegetative option employed.
3.
Techniques shall be employed to ensure stabilization on steep
slopes and in drainage ways.
4.
Soil stockpiles must be stabilized or covered at the end of
each workday 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.
C. 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 2-year, 24-hour storm. If the provision of
a basin 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 City or enforcement authority and responsibilities described in Section
505.230 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.
D. Watercourse Design. Watercourse protection requirements shall include:
1.
Encroachment into or crossings of active watercourses/riparian
areas and wetlands shall be avoided to the maximum extent practicable.
All City, State and Federal permits and approvals shall be obtained
by a permit holder prior to beginning work authorized by a City of
Florissant 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 realigned or reconfigured,
clearing and grubbing activities within fifty (50) feet of the watercourse
shall not begin until all materials and equipment necessary to protect
the watercourse and complete the work are on site. Once started, work
shall be completed as soon as possible. Areas within fifty (50) feet
of the watercourse shall be recontoured and revegetated, seeded or
otherwise protected within five (5) working days after land disturbance
activities have ceased.
4.
All storm water conveyances shall be designed according to the
criteria of the St. Louis Metropolitan Sewer District (MSD) and the
necessary MSD permits obtained.
5.
Stabilization adequate to prevent erosion shall be provided
at the outlets of all pipes and paved channels.
E. Construction Site Access Design. Construction site access requirements
for major land disturbance activities shall include:
1.
A temporary access road provided at all land disturbance sites
including a wash down area supporting all active sites.
2.
The applicable Department of Highways and Traffic may require
other measures to ensure that construction vehicles do not track sediment
onto public streets or be washed with wash effluent channeled directly
into storm drains.
F. Control of Construction Materials And Waste. Control requirements for construction materials, construction wastes and other wastes generated on site at land disturbance sites shall include provisions satisfactory to the City department(s) having enforcement authority and responsibilities described in Section
505.230 of the 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 (CERLA) 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
505.310(F)(1) above.
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.
[Ord. No. 8748, 11-22-2021]
A. General.
1.
Department Of Public Works — General.
a.
The City department(s) having enforcement authority and responsibilities described in Section
505.230 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 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 department issuing the permit shall be maintained at the site during the progress of the work. To obtain inspections, a permit holder shall notify the Department of Public Works at least two (2) working days before the following:
(2) Installation of sediment and erosion measures.
(3) Completion of site clearing.
(4) Completion of rough grading.
(5) Completion of final grading.
(6) Close of the construction season.
(7) Completion of final landscaping.
b.
Exception: Inspections conducted by the Department of Highways
and Traffic related to construction and maintenance of County highways
and roadways.
2.
Extra Inspections. In addition to the inspections otherwise
required, the Department of Public Works is authorized to perform
and charge fees for extra inspections or reinspections 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.
3.
Permit Holder Inspection And Report Responsibilities —
Major Land Disturbances.
a.
The holder of a major land disturbance permit or his/her agent
shall cause regular inspection of land disturbance sites, including
all erosion and sediment and other pollutant control measures, outfalls
and off-site receiving waters in accordance with the inspection schedule
outlined in the approved Storm Water Pollution Prevention Plan (SWPPP).
Inspections must be scheduled at least once per week and no later
than seventy-two (72) hours after heavy rain. The purpose of such
inspections will be to ensure proper installation, operation and maintenance
of Best Management Practices (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 reports with copies submitted to the Department
of Public Works at the time interval specified in the permit. Permit
holder inspection reports must include the following minimum information:
(1) Inspector's name and signature;
(3) Observations relative to the effectiveness of the
Best Management Practices (BMPs);
(4) Actions taken or necessary to correct deficiencies;
and
(5) A listing of areas where land disturbance operations
have permanently or temporarily stopped.
b.
The permit holder shall notify the site contractor(s) responsible
for any deficiencies identified so that deficiencies can be corrected
within seven (7) calendar days of the weekly inspection report.
4.
Verification Of Permit Holder's Reports. The Department
of Public Works may make extra inspections as deemed necessary to
ensure the validity of the reports filed under this Section 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.
[Ord. No. 8748, 11-22-2021]
The provisions of this code shall become effective thirty (30)
days after its adoption by the Florissant City Council.