[Ord. No. 24-13956, 5-20-2024]
A. 
No person shall commence any construction, substantial improvement or other development that affects the drainage of surface or subsurface water without first obtaining a building permit and/or grading permit (if applicable) from the Building and/or Engineering Department. No permit shall be issued for any proposed alteration which:
1. 
Will increase the amount and/or rate, or adversely affect the quality, of surface water draining onto other properties;
2. 
Will damage other properties;
3. 
Does not conform to the general drainage laws of the State, the ordinances of the City, and, in particular, the rules, regulations, and standards of this Chapter; and
4. 
Alters or removes wetlands from their present location without City, State, Federal permits as may be required.
[Ord. No. 24-13956, 5-20-2024]
A. 
Purpose.
1. 
The purpose of this Chapter is to control soil erosion on land that is undergoing development for non-agricultural uses and to preserve the natural terrain and waterways of land within the City of Washington. Soil erosion may result in the loss of valuable top soil, the degradation of water quality and obstruct stormwater flows in storm sewers, road ditches and natural watercourses.
2. 
The provisions in this regulation are intended to promote land preservation and 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. Application of the regulations in this document is intended to control soil erosion and sedimentation.
B. 
Scope Of Authority. Any person, firm, corporation or business proposing to remove any ground vegetation, to disturb or fill the land or to store soil within the City of Washington shall apply to the Engineering Department for approval and issuance of a grading permit. State and Federal permit conditions that are more stringent than the requirements set forth herein shall govern.
C. 
Grading Permit Required. It shall be unlawful for the owner of a property and/or that owner's agent to perform land disturbance activities affecting five thousand (5,000) square feet or more, without obtaining a grading permit. Also any grading, filling, excavating or any change in the grade of property that involves the moving, depletion or replacement of more than fifty (50) cubic yards of material or changes the existing elevation by more than two (2) feet requires a permit. A permit is also required for any land disturbance that is part of a common plan that would meet the above requirements. Common plans can get individual permits for each lot or one (1) to cover the entire site with all lots included.
1. 
Exemptions. A grading permit will not be required for the activities listed below, provided that no change in drainage patterns or sedimentation onto adjacent properties will occur.
a. 
Land disturbance activities in public rights-of-way covered by a special use permit.
b. 
Land disturbance activities for or by any public utility for the installation, inspection, repair or replacement of any of its facilities.
c. 
Land disturbance activities in quarries and permitted sanitary landfills that do not drain off the property.
d. 
Land disturbance activity of land for farming, nurseries, landscaping or gardening or similar agricultural or horticultural use whenever there is substantial compliance with recommendations or standards of the local soil conservation authority.
e. 
Removal of existing or dying grass or similar vegetation by disturbing not more than a maximum area of ten thousand (10,000) square feet and resodding or reseeding with new landscaping to include preparation of the seed bed; provided, erosion and sediment control measures are provided until the grass or other vegetation is established.
f. 
Gardening and similar activities on property occupied by one- or two-family dwellings.
g. 
Any emergency activity that is immediately necessary for the protection of life, property or natural resources.
[Ord. No. 24-13956, 5-20-2024]
A. 
Plan Submittal Requirements. Two (2) sets of plans (construction drawings) or an electronic file shall be submitted to the Engineering Department for review and approval along with the escrow and inspection fee. Initially submitted plans must include all items in Subsections (A)(1) and (2) of this Section and must be supplemented by all items in Subsection (A)(3) of this Section prior to issuance of any permit, unless an item is waived pursuant to waiver of requirements Section.
1. 
General Information.
a. 
Name, address and telephone number of property owner or permittee.
b. 
Property address and location map of land disturbance property.
c. 
Property boundaries and adjacent property owners.
d. 
A site map showing the outlines of the total project area and land disturbance areas.
e. 
Total acreage of site or property.
f. 
Total acreage of land disturbance.
g. 
Name and address of engineering firm or engineer.
h. 
Existing land use and zoning.
i. 
North Arrow And Plan Scale. The plan scale shall be one (1) inch equals twenty (20) feet (1" = 20') to one (1) inch equals fifty (50) feet (1" = 50') in any increments of ten (10) feet on one (1) or more sheets not less than eight and one-half (8 1/2) inches by eleven (11) inches or greater than thirty-six (36) inches by forty-eight (48) inches in size. The Zoning Administrator may authorize a different plan scale, so long as the scale is in ten-foot increments and the resulting site plan clearly shows the information required herein.
j. 
Existing surface contours at interval no greater than two (2) feet to at least twenty-five (25) feet beyond the land disturbance activity area.
k. 
FEMA flood panel number and delineation of 100-year floodplain and floodway.
l. 
Location of soil types, wooded areas, watercourses, wetlands, surface water bodies and soil borings.
m. 
Location of all underground and above ground utilities, including pipelines.
n. 
Delineation of the vegetative buffer plan.
o. 
Natural watercourses showing top and toe of banks.
p. 
Proposed access to the site either from public right-of-way under a permit issued by the governing agency or through private property under an easement or license.
q. 
All proposed permanent improvements to be constructed as part of the land disturbance activity.
r. 
Proposed surface contours at intervals no greater than two (2) feet to at least twenty-five (25) feet beyond the land disturbance activity area.
s. 
Statement that "The contractor shall request inspection two (2) days in advance of construction startup."
t. 
A signed statement by the permittee assuming full responsibility for the performance of the land disturbance activities and that all State, County and private property or roads will be adequately protected.
2. 
Specific Design Information.
a. 
The sequence of all land disturbance activities including those listed below, and all installations of erosion and sediment controls listed below, shall be shown on construction plans:
(1) 
Stripping and clearing;
(2) 
After changes in drainage courses;
(3) 
Construction of underground infrastructure;
(4) 
Construction of structures, such as buildings, pavement, retaining walls;
(5) 
Final grading; and
(6) 
Landscaping.
b. 
The City Engineer may require that separate construction plans be submitted for separate phases of the project.
c. 
Stabilization of any stream bank erosion problems existing in natural watercourses that are to be left undisturbed, that may jeopardize private lots, public utilities or detention facilities.
d. 
Details of any temporary drainage system proposed to be installed in connection with any and all phases of land disturbance activity.
e. 
Details of proposed water impoundment structures, embankments, sediment or debris basins, grass or lined waterways and diversions with the details and locations of proposed stable outlets and the location of any downstream impoundments which could be affected by the proposed land disturbance activities.
f. 
Location of construction traffic entrance and wash-off pad.
g. 
Description of erosion and sediment controls that will be installed prior to and during land disturbance activity to control pollutants in stormwater discharges.
h. 
Description and location of permanent erosion and sediment controls after land disturbance activities have ended.
B. 
Other Required Submittals. Other items, if applicable, must be submitted prior to issuance of a grading permit.
1. 
Alternative material and vendor specifications for erosion and sediment control devices.
2. 
Other City permits, such as floodplain development permit, special use permit, demolition permit and building permit for retaining walls.
3. 
Permits from other governmental agencies, such as United States Army Corps of Engineers Section 404 permit and Missouri Department of Natural Resources Section 401 permit.
4. 
Missouri Department of Natural Resources land disturbance permit.
5. 
Performance guarantee.
6. 
Executed easements needed for land disturbance activities or access.
7. 
Payment of base inspection fee required by this Chapter.
C. 
Waiver Of Requirements. The applicant may request a waiver of specific plan submittal requirements to the Engineering Department. The City Engineer may grant the request for a waiver, including a reduction in base inspection fees, upon determining that the item to be waived is not applicable to the project under review or that the request for a waiver is justified and that the remaining information on the submitted plans or permit application is sufficient to show that the work will comply with the objectives and principles of this Chapter.
D. 
Performance Guarantee. In order to obtain a grading permit, the applicant must insure or guarantee the stabilization of the site upon completion or stoppage of the land disturbance activity.
1. 
The applicant, or a contractor for the applicant, shall post a performance guarantee with the City in the amount established in this Section.
2. 
Amount Of Performance Guarantee. The amount is a five thousand dollar ($5,000.00) escrow per acre of land disturbed. The minimum fee is one thousand dollars ($1,000.00).
E. 
Release Of Performance Guarantee Funds. The City Engineer shall authorize release of all remaining performance guarantee funds only when the City Inspector certifies that all land disturbance work has been completed, all temporary sediment and erosion control measures have been properly removed or abandoned, all permanent site improvements have been constructed and approved, including stormwater management facilities, and all soil subject to the grading permit is stabilized, including permanent vegetation.
F. 
Transfer Of Grading Permit. A permittee remains bound to said permit even after transfer of land ownership.
G. 
Requirements Before Construction Startup. It is the responsibility of the permittee to ensure that the following items are performed prior to construction startup, unless deemed non-applicable to the project by the City Engineer.
1. 
Schedule a pre-construction inspection with the Engineering Department prior to the start of any land disturbance activity other than installing erosion control BMPs.
2. 
Notify City Engineer whenever new erosion control BMPs have been installed or any changes to erosion control plan submitted has changed.
3. 
Identify proposed good housekeeping practices to control general site pollutants, such as construction wastes, site litter, construction debris, dust and sanitary wastes.
4. 
Identify toxic or hazardous substances, petroleum products, pesticides, herbicides and other pollutants that will be used on-site. Identify pollution control method for each substance and submit an emergency management plan for responding to any loss of toxic materials due to a containment failure. This plan must include documentation of actions and mandatory reporting to the City.
5. 
Provide an erosion and sediment control installation sequencing schedule.
H. 
Plan Modifications During Construction: Field Modifications. The permittee shall modify already approved plans or modify descriptions of pollution prevention methods in any of the following circumstances.
1. 
Inspections by the City Engineer or by the Missouri Department of Natural Resources indicate deficiencies.
2. 
Inspections by the permittee indicate deficiencies.
3. 
Either the permittee or the City Engineer determines that the current installations are ineffective in significantly minimizing or controlling erosion of land or sedimentation in streams or lakes.
4. 
Either the City Engineer or the Missouri Department of Natural Resources determines that total settleable solids from a stormwater outfall exceeds two and one-half (2.5) milliliters per liter per hour (ml/L/hr) or one-half (0.5) ml/L/hr in the event the land disturbance activity is within a valuable water resource area as determined by the Missouri Department of Natural Resources.
5. 
Either the City Engineer or the Missouri Department of Natural Resources determines that violations of Water Quality Standards 10 CSR 20-7.031(3) may occur or have occurred.
6. 
Either the City Engineer or the Missouri Department of Natural Resources determines that the pollution prevention methods submitted to the City as required are 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.
[Ord. No. 24-13956, 5-20-2024]
A. 
City Inspections.
1. 
The permittee consents to the City inspecting the proposed development site and all work in progress and to payment of additional inspection fees above the base inspection fee, if any, as authorized by ordinance.
2. 
The City Engineer or his/her designee shall make inspections and either approve that portion of the work completed or notify the permittee, in writing, when the work fails to comply with the conditions of the grading permit.
3. 
The permittee shall notify the City Engineer or his/her designee at least two (2) working days before the following activities to obtain timely inspection:
a. 
Establishment of stream buffer boundaries;
b. 
Start of land disturbance or construction;
c. 
Installation of erosion and sediment controls;
d. 
Completion of site clearing;
e. 
Completion of rough grading;
f. 
Completion or suspension of final land disturbance activity;
g. 
Close of the construction season; and
h. 
Completion of final landscaping.
4. 
The City Engineer or his/her designee shall inspect the property periodically for compliance with these regulations, after a substantial rain event and after any notice to correct issued. The City Engineer or his/her designee may inspect the property upon receipt of a citizen complaint concerning erosion or sediment control issues.
B. 
Permittee Inspections And Reporting.
1. 
The permittee shall make regular inspections of the permitted site, observing all erosion and sediment control and other pollutant control measures, outfalls and off-site receiving waters. The inspections must be conducted by a person knowledgeable in the principles and practice of erosion and sediment controls, who possess the skills to assess conditions at the construction site that could impact stormwater quality and to assess the effectiveness of the erosion and sediment controls used.
2. 
Inspections must be made by the permittee at least once per fourteen (14) days and no later than two (2) working days after a substantial rain event. A reduction in the weekly inspections may be waived by the City Engineer for the following reasons:
a. 
The entire site is temporarily stabilized;
b. 
Runoff is unlikely due to winter conditions, such as snow cover or frozen ground; and
c. 
Construction is during arid periods when no erosion or sediment has occurred.
3. 
All inspections by the permittee shall be documented and submitted through the City SWPPP Inspection Portal, located on the City website, or other approved method at the time interval specified in the permit. A report of each inspection shall be kept on-site by the permittee if possible. Falsification of reports is in violation of the permit and cause of immediate suspension or revocation of the permit. The inspection reports are to include the information set out in the City's standard inspection template.
4. 
The permittee shall be responsible for correcting any deficiencies identified within seven (7) calendar days of the date of inspection required by this Subsection identifying these deficiencies.
5. 
The City Engineer shall make additional inspections as necessary to ensure the validity of the reports filed and, where applicable, to confirm the correction of reported deficiencies.
[Ord. No. 24-13956, 5-20-2024]
A. 
Violations.
1. 
It shall be a violation of this Chapter to construct, enlarge, alter, repair or maintain any land disturbance activity, excavation or fill, or cause the same to be done, contrary to any provision of this Chapter.
2. 
It shall be a violation of this Chapter to fail to install and maintain any erosion and sediment control measures and systems authorized and required by a duly issued grading permit.
3. 
It shall be a violation of this Chapter to fail to comply timely with any notice to correct issued or correct timely any deficiencies identified by the permittee.
4. 
The need to halt or reduce the permitted construction or grading activity in order to maintain compliance with the permit conditions shall not be a defense to the permittee in an enforcement action.
B. 
Notice To Correct, Notice Of Violation And Service Of Notices.
1. 
Upon confirming any violation or deficiency, the City Engineer shall issue a written notice to correct directing abatement of those violations and/or correction of that deficiency within a specified timeframe or within seven (7) calendar days. The notice shall state that failure to comply with its terms shall constitute an additional violation of this Chapter.
2. 
Upon confirming failure to comply or respond timely with any notice to correct, the City Engineer shall issue a written notice of violation, including a stop work order and notice of fines as authorized by Subsection (C) of this Section.
3. 
Notwithstanding the foregoing provisions of this Subsection, when the City Engineer finds that any person has undertaken land disturbance activity without a grading permit required by this Chapter, the City Engineer shall issue a notice of violation including a stop work order and notice of fines as authorized by Subsection (C) of this Section and such fines shall accrue from the day on which such unauthorized land disturbance commenced.
4. 
The City Engineer shall serve any written notice authorized by this Subsection by posting one (1) copy at the work site and by hand-delivering or e-mailing other copies to any and all persons responsible for the violation or deficiency.
C. 
Enforcement.
1. 
Stop Work Order. The City Engineer shall also have the right to stop all or any part of the construction activities and development until all corrections set out in such notice have been satisfactorily made. To that end, the City Engineer shall issue and post on the site a written order directing that such construction activities and development be stopped immediately and shall serve that written order upon any person, firm, corporation or business engaged in such construction activities and development at the site that is the subject of the violation. Every day that such work continues shall constitute a separate violation. This Chapter does not preclude remedies available under Federal, State or common law.
2. 
Forfeiture Of Performance Guarantee. In the event of a violation or deficiency that is not resolved in a reasonable time, the performance guarantee proceeds may be used by the City to install pollution prevention controls to stabilize the site subject to the grading permit. Prior to resumption of work, permittee must post a new performance guarantee.
3. 
Fines. Any person responsible for a violation of this Chapter shall be guilty of a misdemeanor and liable for a fine not to exceed one thousand dollars ($1,000.00) a day. Every day that such violation is ongoing shall constitute a separate violation.
4. 
Enforcement. It shall be the duty of the City Engineer to enforce this Chapter. In discharging that duty the City Engineer may request and shall receive, so far as may be necessary in the discharge of that duty, the assistance and cooperation of other City Officials, including, but not limited to, the following: the Chief of Police, Building Official, and Code Enforcement.
5. 
Actions For Fines And Injunctive Relief. In the event of a violation, the City Engineer may request the City Counselor to institute in the Circuit Court an appropriate action for fines and injunctive relief against the person or persons responsible for that violation.
[Ord. No. 24-13956, 5-20-2024]
The City Engineer shall close grading permits upon permittee's stabilization of all soil at the site subject to the permit and release the entire or remaining performance guarantee as authorized.