St. Charles County, MO
 
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Table of Contents
Table of Contents

Section 412.060 Plan Submittal Requirements.

[Ord. No. 05-148 §14, 10-25-2005]
A. 
Three (3) sets of plans (construction drawings) shall be submitted to the Development Review Division for review and approval along with the plan review fee. Initially submitted plans must include all items in Subsections (1) and (2) of this Section and must be supplemented by all items in Subsection (3) of this Section prior to issuance of any permit, unless an item is waived pursuant to Section 412.070.
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. 
USGS benchmark source and site benchmark on USGS datum.
j. 
Plotted no larger than on twenty-four (24) inch by thirty-six (36) inch paper at an appropriate horizontal scale between one (1) inch equals fifty (50) feet and one (1) inch equals ten (10) feet.
k. 
Topographic survey of physical features to at least twenty-five (25) feet beyond the land disturbance activity area.
l. 
Existing surface contours at interval no greater than two (2) feet to at least twenty-five (25) feet beyond the land disturbance activity area.
m. 
FEMA flood panel number and delineation of 100-year flood plain and floodway.
n. 
Location of soil types, wooded areas, watercourses, wetlands, surface water bodies and soil borings.
o. 
Location of all underground and above ground utilities, including pipelines operated at a service pressure in excess of two hundred (200) psig.
p. 
Delineation of the tree preservation plan per Section 410.145 of this Unified Development Ordinance.
q. 
Delineation of the vegetative buffer plan per Section 405.5021 of this Unified Development Ordinance.
r. 
Field surveyed natural watercourses showing top and toe of banks.
s. 
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. (Attach copy of permit, easement or license.)
t. 
All proposed permanent improvements to be constructed as part of the land disturbance activity.
u. 
Proposed surface contours at intervals no greater than two (2) feet to at least twenty-five (25) feet beyond the land disturbance activity area.
v. 
County standard land disturbance activity notes, which includes a note stating that "The contractor shall request inspection two (2) days in advance of construction startup".
w. 
County standard construction details.
x. 
Signature, seal and date of a licensed professional engineer.
y. 
Signature, seal and date of a registered land surveyor and his (her) statement identifying sources of topographical information.
z. 
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.
aa. 
Other items as required in the Design Manual or as required by the Director of Development Review.
2. 
Specific design information.
a. 
A geotechnical report identifying the United States Department of Agriculture soil textures throughout the site; slope stabilization analysis for cut and fill slopes; and other pertinent data related to erosion or sediment concerns during land disturbance activities.
b. 
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.
The Director of Development Review 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, along with drainage area map with appropriate pre-development, appropriate interim and post runoff calculations for each proposed stormwater conveyance system and erosion and sediment control. (Calculations shall conform to Article IV of this Chapter.)
h. 
Drawing depicting the runoff travel paths, which are the route taken by a drop of effective rainfall falling at the most hydraulically remote point to the outlet of a drainage basin to determine the time of concentration used in item (g) above. Provide calculations for time of concentration and composite curve number (CN) for pre-developed watersheds.
i. 
Description and location of permanent erosion and sediment controls after land disturbance activities have ended.
j. 
Calculations required by Section 412.150.
3. 
Other required submittals. Other items, if applicable, must be submitted prior to issuance of a land disturbance permit.
a. 
Alternative material and vendor specifications for erosion and sediment control devices.
b. 
Other County permits, such as flood plain development permit, special use permit, demolition permit and building permit for retaining walls.
c. 
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.
d. 
Missouri Department of Natural Resources land disturbance permit.
e. 
Performance guarantee pursuant to Section 412.080.
f. 
Executed easements needed for land disturbance activities or access.
g. 
Payment of base inspection fee required by this Chapter.

Section 412.070 Waiver of Requirements.

[Ord. No. 05-148 §14, 10-25-2005; Ord. No. 10-041 §68, 6-2-2010]
The applicant may request a waiver of specific plan submittal requirements to the Director of Development Review. The Director of Development Review 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.

Section 412.080 Performance Guarantee.

[Ord. No. 05-148 §14, 10-25-2005; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §69, 6-2-2010]
In order to obtain a land disturbance permit, the applicant must insure or guarantee the stabilization of the site upon completion or stoppage of the land disturbance activity.
A. 
Performance guarantee required. The applicant shall post a performance guarantee with the County in the amount established in this Section.
1. 
If the performance guarantee is a lender's or escrow agreement, that agreement shall:
a. 
Be prepared on forms approved by ordinance and be signed by the Director of the Division of Development Review and County Registrar;
b. 
Ensure or guarantee the installation of sediment and erosion controls and the final stabilization of ground cover based on amounts established in Section 412.080(B) and approved by the Director of the Division of Development Review; and
c. 
Be held in a special account by the escrow holder or lender and the funds shall be subject to the audit of St. Charles County.
2. 
If the performance guarantee is a standby letter of credit, that document may be prepared on forms approved by the financial institution on which it is drawn but must provide for:
a. 
Drafts to be drawn at offices in St. Charles County, St. Louis County or the City of St. Louis; and
b. 
Automatic extensions for additional one (1) year terms unless, at forty-five (45) days prior to the letter's current expiration date, the financial institution issuing the letter gives written notice of non-renewal to St. Charles County's Department of Community Development by registered or certified mail or by overnight courier.
B. 
Amount of performance guarantee.
1. 
Except as provided hereafter in this Section, the amount of the performance guarantee shall be determined from the estimated land disturbance acreage rounded up to the nearest tenth (0.1) of an acre times the cost per acre according to the following schedule:
Land Disturbance Acreage
Cost per Acre
< 5.0
$3,000.00
5.0—20.0
$2,500.00
> 20.0
$2,000.00
2. 
However, additional amounts will be required equal to the costs of other proposed construction items referenced in Section 412.060(1)(t) and/or (2)(b).
3. 
Alternatively, the applicant may post a performance guarantee in an amount determined by a line-item cost estimate for all erosion and sediment controls and other proposed construction items referenced in Section 412.060(1)(t) and/or (2)(b).
C. 
Release of performance guarantee funds.
1. 
The Director of Development Review may authorize release up to fifty percent (50%) of any performance guarantee funds upon confirming by inspection that all erosion and sediment controls and other proposed construction items referenced in Section 412.060(1)(t) and/or (2)(b) are in place and functioning properly, including establishment of vegetation.
2. 
The Director of Development Review may authorize release up to ninety percent (90%) of any performance guarantee funds subject to an escrow or lender's agreement upon confirming by inspection that vegetation has been established and ongoing maintenance has been provided for all installed erosion and sediment controls. However, the amount retained shall not be reduced to less than the cost of maintaining the erosion and sediment controls.
3. 
The Director of Development Review shall authorize release of all remaining performance guarantee funds only when the County Inspector certifies that all land disturbance work has been completed and all soil subject to the land disturbance permit is stabilized, including permanent vegetation.

Section 412.090 Issuance of A Land Disturbance Permit.

[Ord. No. 05-148 §14, 10-25-2005]
A. 
A land disturbance permit shall be issued by the Director of Development Review only if:
1. 
The application for that permit is complete and includes all submittals required by this Chapter and not waived pursuant to Section 412.070; and
2. 
The design submitted for approval with the permit is consistent with the design standards established or authorized by Article IV of this Chapter.

Section 412.100 Transfer of Land Disturbance Permit.

[Ord. No. 05-148 §14, 10-25-2005; Ord. No. 07-040 §1, 3-13-2007]
A. 
Unless a permittee transfers a land disturbance permit as provided herein, that permittee remains bound by the terms of that permit even after transfer of ownership of land subject to it. A land disturbance permit may be transferred only if all of the following conditions are met.
1. 
The permittee must file a request for transfer with the Director of Development Review cosigned by the transferee, which must include:
a. 
A legal description of the area to be transferred; and
b. 
A map or plan showing the area to be transferred.
2. 
The Director of Development Review must determine from the request and supporting documentation that the area to be transferred includes substantially all of any drainage basin or basins wholly or partly within the area subject to the originally issued permit and give permittee and transferee written mail notice of that determination.
3. 
The transferee must submit to the Director of Development Review:
a. 
A performance guarantee (as provided in Section 412.080 above); and
b. 
A copy of the Missouri Department of Natural Resources land disturbance permit ownership transfer documentation per 10 CSR 20-6.200 for the same transfer (no County permit may be transferred without this document).

Section 412.110 Requirements Before Construction Startup.

[Ord. No. 05-148 §14, 10-25-2005]
A. 
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 Director of Development Review.
1. 
Schedule a pre-construction conference with the Director of Development Review prior to the start of each construction phase of land disturbance activity including installation of the temporary construction entrance. The permittee will be responsible for notifying all contractors and other entities, including utility crews that will perform work at the site, to be in attendance.
2. 
Supply in writing to the Director of Development Review the name and telephone number of all contractors and subcontractors and a twenty-four (24) hour telephone number of the permittee's designated agent supervising and directing all land disturbance activities on site.
3. 
Stake and post signs of tree preservation areas per Section 410.145 of this Unified Development Ordinance and vegetated buffer areas per Section 405.5021 of this Unified Development Ordinance.
4. 
Identify in writing each erosion and sediment control product that is not a specification authorized by Article IV of this Chapter and submit manufacturer specifications and installation techniques for approval by the Director of Development Review for performance equivalency with County specifications.
5. 
Identify proposed good housekeeping practices to control general site pollutants, such as construction wastes, site litter, construction debris, dust and sanitary wastes.
6. 
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 Saint Charles County Division of Environmental Services, Solid Waste Enforcement.
7. 
Provide a location map depicting any proposed borrow or fill sites in the County and the proposed truck haul routes through the County.
8. 
Provide an erosion and sediment control installation sequencing schedule for approval by the Director of Development Review. The schedule should be a graph or tabulation of each erosion and sediment control installation consistent with Section 412.060 Subsection (2)(b).

Section 412.120 Plan Modifications During Construction.

[Ord. No. 05-148 §14, 10-25-2005; Ord. No. 10-041 §70, 6-2-2010]
A. 
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 Director of Development Review or by the Missouri Department of Natural Resources indicate deficiencies.
2. 
Inspections by the permittee indicate deficiencies.
3. 
Either the permittee or the Director of Development Review determines that the current installations are ineffective in significantly minimizing or controlling erosion of land or sedimentation in streams or lakes.
4. 
Either the Director of Development Review 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 Director of Development Review 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 Director of Development Review or the Missouri Department of Natural Resources determines that the pollution prevention methods submitted to the Director of Development Review as required by Section 412.060, above, 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.
B. 
Submittal Of Amended Plans. The permittee shall submit for the Director of Development Review's approval amended plans and descriptions of pollution prevention methods in any of the following circumstances.
1. 
The permittee seeks to modify the originally approved plans for the design, operation or maintenance of erosion and sediment controls.
2. 
The permittee modifies the design for the construction project for which the permittee submitted those originally approved plans, so as to significantly affect the quality of stormwater discharges.
3. 
The Director of Development Review determines that the temporary facilities or erosion and sediment controls installed according to approved plans fail to meet performance standards imposed by these regulations and that those failures require amendment of those plans and supporting documentation or calculations.

Section 412.130 Inspections and Reports.

[Ord. No. 05-148 §14, 10-25-2005]
A. 
County Inspections.
1. 
The permittee consents to the County 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 Director of Development Review or his 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 land disturbance permit.
3. 
The permittee shall notify the Director of Development Review or his designee at least two (2) working days before the following activities to obtain timely inspection:
a. 
Establishment of tree preservation and stream buffer boundaries. Refer to Section 412.110(3);
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 Director of Development Review or his designee shall inspect the property periodically for compliance with these regulations, after a substantial rain event and after any notice to correct issued pursuant to Subsection (B) of Section 412.140. The Director of Development Review or his 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 week and no later than two (2) days after a substantial rain event. A reduction in the weekly inspections may be waived by the Director of Development Review 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 in written form on reports with copies submitted to the Director of Development Review at the time interval specified in the permit. A report of each inspection shall be kept on site by the permittee if possible. Otherwise, the inspection form will be retained by the permittee at its closest business office located within the County. 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 following minimum information:
a. 
Inspector's name and signature;
b. 
Date of inspection;
c. 
Observations relative to the effectiveness and deficiencies of the erosion and sediment controls and other pollution prevention controls;
d. 
Actions taken or necessary to correct deficiencies, including the log of field changes to the approved plan during the period covered by the report;
e. 
A listing of areas where land disturbance activities have permanently or temporarily stopped; and
f. 
Stormwater sampling information and analytical results, when applicable.
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 Director of Development Review shall make additional inspections as necessary to ensure the validity of the reports filed and, where applicable, to confirm the correction of reported deficiencies.

Section 412.140 Violations, Corrections and Enforcement.

[Ord. No. 05-148 §14, 10-25-2005]
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 land disturbance permit.
3. 
It shall be a violation of this Chapter to fail to comply timely with any notice to correct issued pursuant to Subsection (B) of this Section or correct timely any deficiencies identified by the permittee pursuant to Section 412.130(B)(4) above.
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 Director of Development Review shall issue a written notice to correct directing abatement of those violations and/or correction of that deficiency 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 timely with any notice to correct, the Director of Development Review 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 Director of Development Review finds that any person has undertaken land disturbance activity without a land disturbance permit required by this Chapter, the Director of Development Review 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 Director of Development Review shall serve any written notice authorized by this Subsection by posting one (1) copy at the work site and by hand-delivering or mailing other copies to any and all persons responsible for the violation or deficiency.
C. 
Enforcement.
1. 
Stop work order. The Director of Development Review 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 Director of Development Review 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 County to install pollution prevention controls to stabilize the site subject to the land disturbance permit. Prior to resumption of work, permittee must post a new performance guarantee in an amount determined pursuant to Section 412.080.
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 Director of Development Review to enforce this Chapter. In discharging that duty the Director of Development Review may request and shall receive, so far as may be necessary in the discharge of that duty, the assistance and cooperation of other County Officials including, but not limited to, the following: the Chief of Police, the Directors of Community Development and Building and Code Enforcement, the County Engineer and the County Counselor.
[Ord. No. 16-054 §11, 7-25-2016]
5. 
Actions for fines and injunctive relief. In the event of a violation, the Director of Development Review may request the County Counselor to institute in the Circuit Court an appropriate action for fines and injunctive relief against the person or persons responsible for that violation.

Section 412.145 Closing of Land Disturbance Permits.

[Ord. No. 05-148 §14, 10-25-2005]
The Director of Development Review shall close land disturbance permits upon permittee's stabilization of all soil at the site subject to the permit and release the entire performance guarantee as authorized in Section 412.080(C).[1]
[1]
Editor's Note—In Ord. No. 10-041 §69, "412.080(3)" was changed to "412.080(C)", the above reference was editorially corrected.