(a)
The Congress of the United States has amended the Clean Water Act
of 1972[1] to reduce pollutants discharged into the waters of the
United States by extending National Pollutant Discharge Elimination
System (hereinafter "NPDES") requirements to regulate stormwater and
urban runoff discharge from land disturbance and construction activities
into the City's Stormwater Drainage Systems.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
(b)
The City of Mission Woods is subject to the NPDES requirements of
federal law as an operator of a small municipal separate storm sewer
system, and the City is therefore obligated by federal law to develop,
implement, and enforce minimum erosion and sediment control standards
in compliance with the City's Kansas water pollution control
general MS4 permit.
(c)
The purpose of this article is to implement and provide for enforcement
of a program to regulate land disturbance and construction activities
related to grading and to control erosion and sediment resulting from
these activities.
As used in this article, unless from the context a different
meaning is intended, or the Code directs that a different definition
is to be applied to a provision, the terms or phrases used herein
shall have those meanings and definitions as set forth here in this
chapter.
(a)
No person shall authorize or maintain a land disturbance activity
or construction site that fails to comply with the Mission Woods Design
Standards and the requirements of this article.
(b)
No person shall authorize or maintain a land disturbance activity
or a site of construction that fails to provide and implement erosion
and sediment control best management practices to the maximum extent
practicable to prevent the discharge of sediment, construction materials,
concrete truck washout, fuel or other pollutants beyond the project
construction limits, adjacent staging, storage or parking areas and/or
property boundaries or into the City's Stormwater Drainage System,
rights-of-way, drainage easements, alleys, or other property of the
City.
(c)
No person shall authorize or maintain a land disturbance activity
or site of construction without a land disturbance permit (LDP) and/or
a site-specific erosion and sediment control plan approved by the
Director prior to any construction or land disturbance activity as
required by this article.
(d)
No person shall fail to immediately take all action necessary to
completely abate any violation of this article, including, but not
limited to, the establishment or restoration of erosion and sediment
control BMPs as required by this article and remedial action to clean
and/or remove sediment and other pollutants in violation of Chapter
XV.
The issuance and approval of a land disturbance permit is subject
to and contingent upon compliance with this article and all other
City permits, the Code of the City of Mission Woods, other City regulations
and other requirements specific to the development during the duration
of the land disturbance; and such land disturbance permit may be revoked
or withdrawn upon a failure to comply with this article. The failure
to comply with the requirements stated in this article shall be unlawful
and shall constitute a violation of this article. No person shall
authorize or maintain a land disturbance activity without first obtaining
any land disturbance permit required by this article. The landowner
of the land upon which a land disturbance activity takes place shall
be the person responsible for obtaining any required land disturbance
permit, except for work conducted in the right-of-way or utility easements.
The person or construction site operator conducting land disturbance
activities in the right-of-way or in a utility easement shall be responsible
for obtaining any required land disturbance permit.
(a)
A land disturbance permit is required as necessary to permit the
City to meet its permit requirements under the National Pollutant
Discharge Elimination System permit or as required by law, or for
the following land disturbance activities (specific requirements may
vary pursuant to the Mission Woods Design Standards):
(b)
A land disturbance permit is not required for the following:
(1)
Work to correct or remedy emergencies, including situations
that pose an immediate danger to life or property;
(2)
Landscaping or home gardening;
(3)
Reestablishment of lawn areas; or
(4)
Agricultural uses, with the exception that if the Director determines
that erosion and sediment controls are needed, then the following
standards or permits may be required to be implemented and maintained:
(c)
A land disturbance permit application shall include, but is not limited
to, the following minimum submittal requirements:
(1)
A site-specific erosion and sediment control plan that complies
with this article and the Mission Woods Design Standards.
(2)
A site-specific grading plan that complies with this article
and the Code of the City of Mission Woods, the Mission Woods Design
Standards, and other applicable Mission Woods policies and administrative
statements.
(3)
A stormwater pollution prevention plan (SWPPP) that complies
with this article and the Mission Woods Design Standards. The SWPPP
must be in compliance with the State of Kansas KDHE general permit
for NPDES stormwater runoff from construction activities.
(4)
Contact information for the applicant, construction site operator,
project owner, qualified erosion control specialist, and inspector.
(5)
Area to be disturbed.
(6)
Duration of land disturbance.
(7)
Security as required by this article.
(8)
Permit fee as authorized by this article.
(d)
The construction site operators required to be identified in the
application shall be trained in erosion and sediment control practices,
shall maintain a copy of the SWPPP on the project site and shall comply
with all the requirements of the LDP.
(e)
The land disturbance activity described in the land disturbance permit
application shall be commenced within the time limits defined on the
application. The land disturbance activity described and authorized
in the land disturbance permit application shall adhere to the schedule
defined in the land disturbance permit application or be subject to
additional fees defined in this article.
(f)
The land disturbance permit application, erosion and sediment control
plans and all other LDP requirements shall be prepared under the supervision
of and seated by a professional engineer or landscape architect licensed
in the State of Kansas who has received a minimum of eight hours'
classroom instruction in sediment and erosion control taught by a
qualified erosion control specialist.
(g)
A qualified erosion control specialist shall be authorized by the
permit holder of the land disturbance permit and identified on the
land disturbance application as the person responsible to manage and
ensure that all work is in compliance with the SWPPP and all requirements
of the land disturbance permit approved by the City.
(h)
A land disturbance permit not being required for a site does not
exempt a site from following the basic erosion control practices defined
in the Mission Woods Design Standards.
(i)
If the land disturbance activity threatens or impedes the ability
of the City to meet its own permit requirements under the NPDES stormwater
discharge permit, the Director may require any person to obtain a
land disturbance permit in full compliance with this article.
(j)
Every permit shall expire based on the time limits defined in the
application.
(k)
No person required by this article to obtain a land disturbance permit
shall authorize or maintain a land disturbance activity or a site
of construction which is not maintained at all times in compliance
with the site-specific erosion and sediment control plan approved
by the Director.
(l)
No person shall permit, authorize or maintain a land disturbance
activity or a construction activity until all erosion and sediment
control measures identified in this article have been installed, inspected,
and approved in accordance with this article.
(m)
No person required by this article to obtain a land disturbance permit
shall fail to obtain a satisfactory final inspection and City approval
of the full site restoration in compliance with all requirements of
this article, prior to the expiration of the land disturbance permit.
(a)
Maintenance of Control Measures. All required erosion and sediment
control measures shall be maintained in good order and in compliance
with the erosion and sediment control plan at all times.
(b)
Routine Inspection. It shall be the duty of the permit holder to
provide routine inspections of the construction site and maintain
effective erosion and sediment control measures. Routine inspections
shall be performed once per week, more frequently if required on the
plan, and within 24 hours following each rainfall event of 1/2 inch
or more within any twenty-four-hour period. A log shall be kept of
these inspections by the quailified erosion control specialist as
a part of the SWPPP. Any deficiencies shall be noted in a report of
the inspection and include the action taken to correct the deficiency.
(c)
The LDP application shall designate the qualified erosion control
specialist who shall provide the routine inspections required by this
section and/or designate a qualified inspector. The designation shall
be made, in writing, to the Director at the time the land disturbance
permit application is submitted for approval. The qualified erosion
control specialist and/or their assigned inspector that performs the
routine inspections shall maintain a copy of the most-current erosion
and sediment control plan at the construction site at all times. The
inspection shall be done under the supervision of the qualified erosion
control specialist. The written reports shall be submitted by the
qualified erosion control specialist to the City as required by and
in compliance with the Mission Woods Design Standards. The City shall
not be designated as an inspector.
(d)
Initial Inspection. The permit holder shall notify the Director when
initial erosion and sediment control measures are installed in accordance
with the erosion and sediment control plan. No land disturbance activities
shall begin prior to written approval by the Director of the certification,
by the qualified erosion control specialist, that all pre-construction
erosion and sediment control measures are correctly installed per
the approved plan.
(e)
A land disturbance permit shall not be closed until a final inspection
and approval of the site stabilization is issued by the City. No final
certificate of occupancy shall be issued until a site is stabilized,
restored and the land disturbance permit's requirements have
been satisfied and the permit closed. A site shall be considered stabilized
and restored when perennial vegetation, pavement, and buildings or
structures using permanent materials cover 70% of the upstream tributary
area found within the area defined by the land disturbance permit
and as required by the Director. All portions of the site using perennial
vegetation for ground stabilization shall be homogeneously covered
with at least a 70% vegetation density. Restoration includes the removal
of all nonpermanent erosion and sediment control devices for the site.
Final certification of the restoration and stabilization of the site
shall be submitted for approval to the Director by the qualified erosion
control specialist.
(f)
A land disturbance permit acknowledges and conveys to the Director
the right to enter upon property described in the land disturbance
permit as necessary to enforce and carry out the provisions of this
article.
(a)
Land disturbances less than one acre that are not covered by an LDP
and require a building permit or work in the right-of-way permit will
require an erosion and sediment control plan to be submitted in compliance
with the Mission Woods Design Standards.
(b)
Franchised and/or public utilities shall obtain a general land disturbance
permit for land disturbances of less than one acre in lieu of obtaining
individual project land disturbance permits. The general land disturbance
permits for franchised and public utilities will be renewed annually
and shall include the effective erosion control standards and construction
methods that are to be implemented on the utility's projects,
conforming to the Mission Woods Design Standards. The fee and performance
surety for a general land disturbance permit will be as shown in the
latest schedule of fees established administratively by the City of
Mission Woods.
(a)
Prior to the issuance of land disturbance permit, each applicant
shall pay to the City a fee as established by the governing body.
Fees paid for a land disturbance permit which is subsequently revoked
by the Director are not refundable. A person operating in compliance
with the regulations of this article shall not be charged a permit
fee when obtaining a land disturbance permit for construction or reconstruction
of City-owned and -financed capital improvement projects.
(b)
Any person who permits, authorizes, or maintains a land disturbance
activity without first obtaining a valid land disturbance permit required
by this article shall pay additional permit fees as indicated in the
latest schedule of fees established administratively by the City of
Mission Woods Code.
(c)
The applicant shall establish and maintain throughout the permit
period an escrow account, or issue a letter of credit, or a surety
bond in the City's name, as a sufficient surety for the City
to the requirements of this article. The Director may determine that
a specific type of surety instrument be required of an applicant based
on the project proposed and past performance of the applicant. The
amount of the required surety shall be as defined in the latest schedule
of fees established administratively by the City of Mission Woods.
The amount of the letter of credit or escrow account may be reduced
with the approval, in writing, of the Director by amending the letter
of credit or escrow account.
The persons responsible for compliance with this article shall
include, jointly and severally:
(a)
The landowner and/or occupant of the property upon which a land disturbance
or construction activity takes place. When a land disturbance permit
and/or site development permit is issued, the landowner is responsible
for land disturbance activities from permit issuance to closure, unless
the City approves a transfer of responsibility to a new landowner
when land is sold.
(b)
The person who submits or to whom a land disturbance permit is issued
that relates to the property upon which a land disturbance activity
or construction activity takes place.
(c)
The person who submits, or requests a waiver of, the site-specific
erosion and sediment control plan that relates to the property upon
which a land disturbance activity or construction activity takes place.
(d)
Any person who engages in, permits, manages, or participates in a
land disturbance activity or construction activity.
(e)
Construction site operators.
(a)
The property described in a land disturbance permit shall be maintained
at all times in compliance with all provisions of the Code of the
City of Mission Woods, state and federal laws, the Mission Woods Design
Standards, applicable laws or regulations, and the conditions or requirements
for approval of a site plan, plat, or special use permit, including
required drainage, grade or elevation plans. The property described
in a land disturbance permit shall be maintained at all times in compliance
with the provisions of any application, plans or specifications upon
which such permit was issued.
(b)
The approval of the erosion and sediment control plan and the stormwater
pollution prevention plan (SWPPP) is contingent upon compliance with
the requirements stated in this article, and they shall comply with
the Mission Woods Design Standards to the maximum extent practicable
in order to prevent the escape of sediment and other pollutants from
the site.
(c)
The failure to comply with the requirements stated in this article
shall be unlawful and shall constitute a violation of this article.
(d)
The provisions of this article shall be in effect upon passage and
publication as provided by law. An LDP shall not be required for any
land disturbance activities that have a valid City permit issued prior
to the effective date herein.
(a)
Any person that fails to provide and implement erosion and sediment
control best management practices to the maximum extent practicable
as required by this article shall be ordered by the Director to take
remedial action on said land to prevent the occurrence or recurrence
of a violation of this article. Remedial action shall include, but
not be limited to, conformance to the requirements of this article.
When failed or absent erosion control has resulted in mud, silt, gravel,
dust or other debris entering into the public rights-of-way, drainage
easements, alleys, or other property of the City, the remedial action
required also shall include the restoration of the area disturbed
to a neat and presentable condition and removal of any debris or other
pollutants.
(b)
Whenever the Director finds a violation of this article, the Director
shall order the landowner of the land upon which a land disturbance
activity takes place, the construction site operator, and/or the permit
holder to take action within three days after service of such order
to comply with the provisions of this article. The order may direct
the removal of any dirt, debris or mud that has been deposited in
the rights-of-way, drainage easements, alleys, or other properties
owned by the City, within four hours after service of such notice.
Notice may be given in person, by posting at the site, by telephone
call, or by facsimile contacts as provided in the land disturbance
permit application.
(c)
In addition to the enforcement provisions of the Code of the City
of Mission Woods, the Director may issue a stop-work order if the
Director determines that work authorized by a land disturbance permit
is in violation of this article or the erosion and sediment control
plan, including required drainage, grade or elevation plans, or not
in compliance with the provisions of the application, plans or specifications,
or conditions upon which a permit was issued, including, but not limited
to, the following:
(1)
The applicant fails to submit reports in accordance with the
Mission Woods Design Standards;
(2)
Inspection by the Director reveals the site defined by the land
disturbance permit is not in substantial compliance with the erosion
and sediment control plan, as determined by the Director;
(3)
Failure to comply with a written order from the Director to
bring the site into compliance with the land disturbance permit, correct
a violation of this article, or restore a disturbed area within the
time limits defined by the Director; or
(4)
The applicant fails to pay any fee.
(d)
In the event a stop-work order is issued by the Director, the Director
shall order and direct the landowner of the property, or the landowner's
agent, or any party in possession of such property described in the
land disturbance permit application, or the construction site operator
performing the work, or any work authorized by a City permit in the
development to immediately suspend work within the area defined in
the land disturbance permit.
(e)
Such stop-work order shall be in writing, shall state the conditions
under which the work may be resumed, and may be served upon a person
to whom it is directed either by personal delivery, or by posting
the area defined by the land disturbance permit and/or mailing a copy
of the same to the address identified within the land disturbance
permit application for the permit holder, landowner, and/or any party
in possession of such property. In the event the Director issues a
written stop-work order, all persons shall cease all work on the development
site, except work necessary to remedy the cause of the suspension.
(f)
It shall be unlawful for a land disturbance permit applicant, construction
site operator, party in possession of property subject to a stop-work
order, or landowner subject to a stop-work order to allow, consent,
or permit any person to perform work described within the land disturbance
permit or any other work requiring a City permit, upon property subject
to a stop-work order.
(g)
Upon written notice by the Director as required herein for a stop-work
order, the Director may revoke the land disturbance permit if the
applicant fails or refuses to remedy the cause of the suspension set
forth in a stop-work order.
(h)
In the event the land disturbance permit is revoked by the Director,
no person shall permit or continue any work described in the land
disturbance permit without first obtaining a new land disturbance
permit and paying a new permit fee as required by this article.
If any part or parts of this article shall be held to be invalid,
such invalidity shall not affect the validity of the remaining parts
of this article. The governing body hereby declares that it would
have passed the remaining parts of this article if it had known that
such part or parts thereof would be declared invalid.
Neither the adoption of this article nor the future repeal or
amendment of any section or part or portion thereof shall in any manner
affect the prosecution for violation of this article, nor be construed
as a waiver of any license, fee or penalty at said effective date
and unpaid under any provision of the Code of the City of Mission
Woods, nor be construed as affecting any of the provisions of the
Code of the City of Mission Woods relating to the collection of any
such license, fee or penalty, or the penal provisions applicable to
any violation thereof, nor to affect the validity of any bond or cash
deposit in lieu thereof required to be posted, filed or deposited
pursuant to any provision of the Code of the City of Mission Woods,
and all rights and obligations thereunder shall continue in full force
and effect.
