[Ord. No. 05-148 §14, 10-25-2005]
A.
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 unincorporated portion
of St. Charles County. 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.
B.
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.
C.
This
Chapter shall not constitute a waiver by St. Charles County of its
sovereign immunity. No official or employee of St. Charles County
who enforces the provisions of this Chapter shall have the authority
to waive or be deemed to waive any official immunity, nor establish
any special duty to any party that may constitute an exception to
the public duty doctrine. Damages due to conduct in violation of this
Chapter shall be the sole liability of the party or parties in violation
and not of St. Charles County.
[Ord. No. 05-148 §14, 10-25-2005]
Any person, firm, corporation or business proposing to remove
any ground vegetation, to disturb or fill the land or to store soil
within unincorporated St. Charles County shall apply to the Department
of Community Development for approval and issuance of a land disturbance
permit. State and Federal permit conditions that are more stringent
than the requirements set forth herein shall govern.
[Ord. No. 05-148 §14, 10-25-2005]
The definitions set out in Section 405.060 in this Unified Development Ordinance shall apply to this Article in addition to the following terms:
That part of rainfall that flows off the land into streams
or other surface waters.
A rain event which has a rainfall intensity that causes erosion
or a rain event that exceeds one (1.00) inch in a twenty-four (24)
hour period.
