[R.O. 2011 §430.010; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A.
No person
shall undertake any land disturbance activity or in any way disturb
the surface of one (1) acre or more of land, except as otherwise provided
by law or provided in this Chapter.
B.
No person shall engage in any land disturbance activity or by any action cause or permit any soil, earth, sand, gravel, rock, stone or other material to be deposited upon or to roll, flow or wash upon or over the premises of another in an unlawful manner without the express written consent of the owner of the premises affected. No person shall engage in any land disturbance activity or by any action in violation of Chapter 430 cause or permit any soil, earth, sand, gravel, rock, stone or other material to be deposited to roll, flow or wash upon or over any public street, street improvement, road, sewer, storm drain, watercourse, rights-of-way or any public property.
C.
No person
engaged in any land disturbance activity shall, when hauling soil,
earth, sand, gravel, rock, stone or other material over any public
street, road, alley or public property, allow those materials to blow,
spill or be tracked over and upon any street, road, alley or public
property or adjacent private property.
D.
This
Chapter shall apply to all land disturbance activities requiring a
permit of one (1) acre or more within the incorporated City of Byrnes
Mill, Jefferson County, Missouri.
E.
No person
shall engage in any activity that would be in violation of the regulations
dictated by the Phase II Storm Water National Pollutant Discharge
Elimination System (NPDES) in accordance with the Clean Water Act
of 1972.
[R.O. 2011 §430.020; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A.
The purpose
of the Chapter is to protect and further the public interest by regulating
land disturbance, filling, stripping and soil storage in connection
with the clearing and grading of land for construction-related or
other purposes. With these regulations, the City will promote the
coexistence of the natural environment with planned development; assist
in the City's efforts to comply with the Phase II Storm Water National
Pollutant Discharge Elimination System (NPDES) regulations; provide
effective storm water management; protect property from damage due
to flooding and erosion; improve water quality and reduce water pollution;
control construction site impacts on storm water; prevent non-storm
water discharges into the storm sewer system; protect natural stream
assets using buffer strips; and protect valuable natural water resources.
This includes protection of existing vegetation for use as buffer
strips. The City hereby recognizes that the nature of temporary construction
controls is time critical. Techniques and objectives are encouraged
by the City to promote coexistence of the natural environment and
planned development. It is also the purpose of this Chapter to encourage
responsible development and minimize the impacts of development.
B.
This
Chapter establishes substantive and procedural requirements to:
1.
Protect
the water quality of the streams, rivers, lakes and drainage areas
within the City of Byrnes Mill. To be in compliance with the Phase
II Storm Water National Pollutant Discharge Elimination System (NPDES)
as mandated through the Clean Water Act, specific activities must
be undertaken and regulated by the City. This Chapter establishes
substantive and procedural and enforcement requirements for:
a.
Illicit
discharge detection and elimination;
b.
Construction
site storm water runoff control;
c.
Post-construction
storm water management in new development and redevelopment The Erosion
and Sediment Control/Storm Water Management Design Manual contains
the activities and BMPs required to fulfill these requirements.
2.
Protect
and enhance the water quality of watercourses, water bodies and wetlands
by controlling erosion, sedimentation and related environmental damage
caused by construction-related or other activities; and
3.
Encourage
creative approaches to development, including low impact development
(LID), that are designed and implemented to be sensitive to the natural
environment thereby resulting in high quality development for those
who visit, reside and work in the City of Byrnes Mill.
[R.O. 2011 §430.030; Ord. No. 711-09 §§1 — 3, 7-1-2009]
In this Chapter, these words and phrases have the following
meanings:
- APPLICANT
- Any person who makes application for a land disturbance permit, as required by this Chapter.
- APPLICATION
- A proposed plan of representational drawings and/or other documents submitted for a land disturbance permit for a site. The application may be an independent submittal or may be a part of another development application or applications authorized by the City Code.
- APPROVED PLAN
- A set of representational drawings or other documents for a site that contain the information and specifications required by the City to minimize off-site sedimentation from land disturbance activities. The approved plan constitutes a SWPPP, required by Section 430.100, that has been approved by the City as complying with the provisions of this Chapter.
- AS-BUILT PLAN
- A sealed drawing or plan prepared and certified by a licensed professional that depicts the actual dimensions and elevations of the completed storm water system and detention structures or facility.
- BEST MANAGEMENT PRACTICES (BMPS)
- Schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters or storm water conveyance systems. BMPs also include treatment practices, operating procedures and practices to control site runoff, spillage or leaks, sludge or water disposal or drainage from raw materials storage.
- BUFFER/BUFFER STRIP
- An area closest to a sensitive environmental site (e.g., wetland, waterbody, etc.) in which certain human activities are limited in order to minimize the negative impacts from adjacent land uses (like erosion, pollutants in runoff, disturbance to wildlife) affecting the sensitive environmental site.
- BUFFER STRIP ENHANCEMENT PLAN
- A plan that identifies improvements made to the streamside zone and/or outer zone of the buffer strip.
- CLEARING
- Any act by which vegetative cover, structures or surface material is removed, including, but not limited to, root mass or topsoil removal.
- DEVELOPMENT APPLICATION
- All applications required by the City Code as a prerequisite to initiation of land disturbance.
- DIRECTOR
- The individual appointed by the Board of Alderpersons as Director of Land Use Development and Code Enforcement or a duly authorized representative.
- EROSION
- The process by which the ground surface is worn away by the action of the wind, water, ice, gravity or artificial means and/or land disturbance activities.
- EROSION AND SEDIMENT CONTROL/STORM WATER MANAGEMENT DESIGN MANUAL
- The erosion and sediment control and storm water design criteria adopted in writing as authorized by Section 430.050(C).
- EXCAVATING
- Any act by which soil is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and includes the conditions that result from that act.
- FEDERAL PROJECT
- Any project on federally owned land that involves land disturbance or any project that involves land disturbance activity and is administered by a Federal agency. Use of Federal funds does not necessarily qualify an activity as a Federal project.
- FILLING
- Any act by which soil is mechanically deposited, placed, pushed, pulled or transported and includes the conditions that result from that act.
- FINISHED GRADE
- The final grade or elevation of the ground surface conforming to an approved plan.
- FLOODPLAIN
- The floodway and floodway fringe as identified by the Federal Insurance Program through its Flood Insurance Rate Map for the City of Byrnes Mill, Missouri, dated April 5, 2006 and subsequent revisions.
- GARBAGE
- The decaying animal and vegetable waste materials from the handling, preparation, cooking or consumption of food, including waste materials from markets, storage facilities and the handling and sale of produce and other food products.
- GRADING
- Any act by which soil is cleared, stripped, moved, leveled, stockpiled or any combination thereof and includes the conditions that result from that act.
- HOUSEHOLD HAZARDOUS WASTE (HHW)
- Any material generated in a household (including single and multiple residences) that would be classified as hazardous.
- ILLEGAL DISCHARGE
- See illicit discharge below.
- ILLICIT CONNECTION
- Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drainage system.
- ILLICIT DISCHARGE
- Any discharge to the storm drainage system that is prohibited under this document.
- LAND DISTURBANCE ACTIVITY
- Any act other than those related to agricultural activity by which soil is moved and land changed that may result in erosion or the movement of sediments and may include tilling, clearing, grading, excavating, stripping, stockpiling, filling and related activities and the covering of land surfaces with an impermeable material. A land disturbance permit is required when one (1) acre or more of land is disturbed or when a building permit is required for less than one (1) acre projects.
- LICENSED PROFESSIONAL
- An individual who is duly licensed by the Missouri Board of Architects, Professional Engineers and Professional Land Surveyors to practice and seal land disturbance/storm water management requirements within their discipline.
- LOW IMPACT DEVELOPMENT (LID)/CONSERVATION DEVELOPMENT
- A comprehensive technology-based approach to managing urban storm water. See Erosion and Sediment Control/Storm Water Management Design Manual for guidance.
- MAXIMUM EXTENT PRACTICABLE
- The use of those best management practices which, based on sound engineering and hydro-geological principles, regulate and manage erosion and sedimentation during and after development.
- PERMIT
- The land disturbance permit issued by the Director authorizing land disturbance activities of one (1) acre or more in accordance with the requirements of this Chapter.
- PERMITTEE
- Any person to whom a land disturbance permit is issued pursuant to this Chapter.
- PRIVATE DRAINAGE SYSTEM
- All privately or publicly owned ground, surfaces, structures or systems, that contribute to or convey storm water including, but not limited to, roofs, gutters, downspouts, lawns, driveways, pavement, roads, streets, curbs; gutters, ditches, inlets, drains, catch basins, pipes, tunnels, culverts, channels, detention basins, ponds, draws, swales, streams and any ground surface.
- RESPONSIBLE PERSONNEL
- Any person designated in the permit qualified as the person in charge of on-site land disturbance activities or erosion and sediment control associated with land disturbance activities; the responsible personnel shall provide the City, as part of the permit issuance, with a contact telephone number so that the City may reach such person in the event the County desires to conduct an inspection of the site at which land disturbance activities are underway.
- RUBBISH
- Non-decaying solid waste, excluding ashes, that consist of combustible waste materials including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves and similar materials; and non-combustible waste materials including glass, crockery, tin cans, aluminum cans, metal furniture and similar materials that do not burn at ordinary incinerator temperatures (1600 to 1800 degrees Fahrenheit).
- SEDIMENT
- Soils or other earthen materials transported or deposited by the action of wind, water, ice, gravity or artificial means.
- SEPTIC TANK WASTE
- Any domestic sewage from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and aerated tanks.
- SEWAGE OR DOMESTIC SEWAGE
- Human excreta and wastewater, including bath and toilet waste, residential laundry waste, residential kitchen waste and other similar waste from household or establishment appurtenances. Sewage and domestic sewage waste are further categorized as:
- SITE
- Any lot or parcel of land or a series of lots or parcels of land adjoining or contiguous or joined together under one (1) ownership on which land disturbance activity is proposed in an application.
- SLOPE
- The inclined surface of a fill, excavation or natural terrain expressed as a ratio of horizontal distance to vertical distance.
- SOIL
- The unconsolidated mineral and organic material (i.e., earth, sand, gravel, rock or other similar material) on the immediate surface of the earth that serves as a natural medium for the growth of land plants.
- STATE PROJECT
- Any project on State-owned land that involves land disturbance activity or any project that involves land disturbance activity and is administered by a State agency. Use of State funds does not necessarily qualify an activity as a State project.
- STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
- A plan outlining specific land disturbance activities at a site and the design implementation management and maintenance of "Best Management Practices" in order to prevent and reduce the amount of sediment and other pollutants in storm water discharges.
- STRIPPING
- Any activity by which the vegetative cover is removed or disturbed, including tree removal, clearing, grubbing and storage or removal of topsoil.
- VEGETATIVE COVER
- Any grasses, shrubs, trees and other vegetation that hold and stabilize soils.
- WATERCOURSE OR DRAINAGE WAY
- Any natural or artificial watercourse associated with activities regulated by Chapter 400 "Zoning Regulations" of this Code, including streams, rivers, creeks, ditches, channels, canals, conduits, culverts, drains, waterways, gullies, ravines or washes, in which water flows in a definite direction or course, either continuously or intermittently.
- WATERSHED PLAN
- Strategy that provides assessment and management information for a geographically defined watershed or sub-watershed, including the analyses, actions, participants and resources related to developing and implementing the plan.
- WATERSHEDS
- An area of land that water runs across or under on its way to a stream or river that is located at the lowest point in the watershed.
- WETLANDS
- Those areas that have a predominance of hydric soils and that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. This does not include the following surface waters of the State intentionally constructed from sites that are not wetlands: drainage ditches, grass-lined swales and landscape amenities.
- YARD WASTE
- Leaves, grass clippings, tree limbs, brush, soil, rocks or debris that result from landscaping, gardening, yard maintenance or land clearing operations.
[R.O. 2011 §430.040; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A.
It is
the policy of the City that all land disturbance activity be performed
in a manner consistent with the requirements of this Chapter, except
as otherwise specifically provided, in a manner that promotes the
co-existence of the natural environment and quality, planned development,
effective storm water management and responsible development.
1.
Regulations. The Director may prepare or cause to be prepared
and may recommend the adoption of regulations necessary to implement
this Chapter.
2.
Construction standards. The Director is hereby authorized to prepare for adoption by the City construction standards for erosion and sediment controls based upon sound engineering judgment after conducting public hearings with an opportunity for notice and comment as provided in Chapter 400 of this Code. Copies of any such construction standards shall be available in the office of code enforcement at least two (2) weeks prior to any public hearing at which they are to be considered and such standards shall not become effective, except in an emergency, until at least thirty (30) days after their adoption by the City.
3.
City's right to enter. In making an application for a permit
covered by this Chapter, the applicant or the landowner performing
or allowing the work shall cooperate with the City in the processing
and administering of the permits, including being reasonably available
for site inspections, so that the City may verify compliance with
the approved plan. If work is necessary to bring the site into compliance
with the approved plan prior to entering the site, the City shall
contact the applicant's responsible personnel or the landowner and
give them the opportunity to accompany the City personnel on any site
visit. Except in an emergency, the City shall give an applicant or
landowner at least twelve (12) hours prior notice of any such inspection.
[R.O. 2011 §430.050; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A.
The City
shall, by resolution, adopt an Erosion and Sediment Control/Storm
Water Management Design Manual. The Director may recommend an existing
manual to the City for adoption or may prepare or have prepared an
Erosion and Sediment Control/Storm Water Management Design Manual
and recommend its adoption by the City. The Director shall maintain
the Erosion and Sediment Control/Storm Water Management Design Manual
adopted by the Board of Alderpersons.
B.
Grading
erosion control practices, sediment control practices and waterway
crossings shall comply with the erosion and sediment control/storm
water design criteria and shall be adequate to prevent erosion and
the transportation of sediment from the site to the maximum extent
practicable. Cut and fill slopes shall be no greater than 3:1, except
where recommended on an engineering soils report prepared by an engineer
licensed in the State of Missouri.
C.
Buffer Strips.
1.
Clearing
and grading of natural resources, such as buffer strips along designated
natural streams, forests and wetlands, shall not be permitted, except
when in compliance with this Section and all other Chapters of this
Code. Land disturbance activities with buffer strips that retain natural
vegetation and drainage patterns as described in the Erosion and Sediment
Control/Storm Water Design Manual are encouraged by this Chapter.
No land disturbance shall occur on any parcel of land that is within
or partially within a defined buffer strip unless the land disturbance
is in compliance with the provisions of this Section.
2.
Land
disturbance and development shall not occur in floodways, unless allowed
by a flood plain development permit as approved by the City.
3.
Land disturbance or development shall not occur along watercourses within fifty (50) feet from the top of the bank on first (1st) and second (2nd) order streams and one hundred (100) feet from the top of the bank on third (3rd) and higher order streams, wetlands and sink holes, except as provided for in Subsection (D). This strip of land is called the buffer strip and consists of the area of land extending along a side of a stream. If a watershed plan has been developed for a watershed within the City of Byrnes Mill and accepted by the Board of Alderpersons as an element of the Master Plan, unique conditions in that watershed may dictate the need for a wider buffer strip. In those cases, the recommendation for riparian buffer strips in the watershed plan will be the controlling factor.
4.
Buffer
strips are divided into two (2) zones, the streamside zone and the
outer zone. The "streamside zone" is the area within
twenty-five (25) feet from the top of the bank on first (1st) and
second (2nd) order streams and fifty (50) feet from the top of the
bank on third (3rd) and higher order streams, wetlands and sink holes.
The "outer zone" is the area outside of the streamside
zone within fifty (50) feet from the top of the bank on first (1st)
and second (2nd) order streams and one hundred (100) feet from the
top of the bank on third (3rd) and higher order streams, wetlands
and sink holes.
5.
The natural conditions of a buffer strip should not be altered, except as allowed by this Chapter. The following activities are prohibited in a buffer strip, except with City approval granted in Subsections (C)(7) or (D):
a.
Any
land disturbance activity, such as clearing, grading, stripping, filling
or dumping.
b.
Mowing.
c.
Storage
or operation of motorized vehicles, except for maintenance or emergencies.
d.
Septic
tanks or drainfields.
e.
Structures
and other impervious surfaces or cover.
f.
Storm
water retention or detention facilities.
g.
Housing,
grazing or other maintenance of livestock.
h.
Riding
of horses, except on existing trails.
6.
The
following structures, practices and activities are allowed in the
streamside zone of a buffer strip, subject to meeting all other Sections
of this Code.
a.
Recreational
uses such as walking, fishing, bird watching, unpaved trails and greenways.
b.
Education
and scientific research.
c.
Roads,
bridges, paths and utilities, including crossings by transportation
facilities or utility lines, upon receiving all applicable Federal,
State and City permits and meeting the requirements of this Chapter.
d.
Stream
restoration projects, facilities and activities approved by the Missouri
Department of Natural Resources and U.S. Army Corps of Engineers.
e.
Water
quality monitoring and stream gauges.
f.
Removal
of individual trees in danger of falling, causing damage to structures
or blocking the stream.
g.
Temporary
stream, stream bank and revegetation projects to restore or enhance
a buffer strip.
h.
Docks
and boat launches approved by MDNR and the City.
j.
Site
investigation work necessary for land use applications.
7.
The
following structures, practices and activities are allowed in the
outer zone of a buffer strip, subject to meeting all other Sections
of this Code.
a.
All
of the structures, practices and activities allowed in the streamside
zone.
b.
Existing
and ongoing agricultural activities.
c.
Conservation
uses, wildlife sanctuaries, nature preserves and passive areas of
parklands, such as campgrounds and picnic areas.
d.
Paved
recreation trails.
e.
Excavation
and fill activities required to plant new trees or vegetation.
f.
Storm
water management.
g.
Routine
maintenance of landscaping.
i.
Back
yard area of a commercial parcel, only when no portion of the buffer
strip is impervious.
j.
Control
of noxious weeds and invasive species.
8.
All subdivision plats, improvement plans, site development plans and SWPP plans shall show and label the buffer strip on the property, provide a note that states there shall be no clearing, grading, construction or disturbance of vegetation except as permitted by Chapter 400 "Zoning Regulations" of this Code and provide a note referencing a protective covenant maintaining the buffer strip in common ground, a drainage easement or a conservation easement referenced by book and page, if possible, that restricts disturbance and use of the buffer strip.
10.
Preservation
of a buffer strip shall be maintained in perpetuity and made the responsibility
of the owners' association or property owner.
D.
Buffer Strip Enhancement Plan.
1.
Clearing
that is necessary to establish erosion and sediment control devices
or enable development of the site and establishment of BMPs such as
detention and sediment basins shall be installed in accordance with
the SWPP Plan.
2.
Residential
land disturbance or development may occur, subject to approval of
a land disturbance permit, within the outer zone of a buffer strip
upon submittal and approval by the City of a buffer strip enhancement
plan for improvement to the streamside zone or the outer zone for
encroachment of the outer zone. However, in no case shall any land
disturbance or development be within the streamside zone of a buffer
strip. The streamside zone shall be substantially vegetated with native
plant species and shall be maintained and made to be preserved in
native vegetation. Existing vegetated buffer strips shall be preserved.
Buffer strips that are not substantially vegetated, or are subject
to grading as part of the vegetation project or to stabilize the soils,
shall be enhanced to become substantially vegetated. Use of plants,
grasses and other vegetation native to Missouri are encouraged.
Buffer strip enhancement plan is to be designed by a licensed
professional. An applicant may with permission from the City encroach
within the stream buffer area, provided the applicant is able to demonstrate
that the water quality and stream morphology will not be adversely
affected or adequate mitigation provided to offset such adverse affects.
Mitigation may include, but not be limited to, the following:
3.
The
restoration or enhancement of a buffer strip shall not be used as
mitigation for another site. No off-site credits for on-site improvements.
The plan shall cover the entire buffer strip on the development site,
include the area within one hundred fifty (150) feet adjacent to the
buffer strip, and shall provide the following information:
a.
The
delineation and labeling of the stream buffer including its streamside
zone and its outer zone.
b.
A
location map showing the limits of the FEMA delineated 100-year floodplain.
c.
Delineated
streams, other water bodies, wetlands and sink holes on the property
and one hundred fifty (150) feet onto adjacent properties in the buffer
strip.
d.
The
location and labeling of any activities or structures proposed in
and within one hundred fifty (150) feet of the buffer strip.
e.
The
delineation of all areas steeper than 3:1 slopes with the percent
slope shown.
f.
Identify
the areas where there shall be no clearing, grading, filling, construction
or disturbance of vegetation.
g.
Provide
language for any conservation easements governing the buffer strips.
4.
In addition to Subsection (D)(2), any reduced-width buffer strip shall be protected in perpetuity through the implementation of a legal mechanism such as a conservation easement. Physical mechanisms may also be necessary, such as implementation of an engineer's recommendation for a structural buffer to protect a slope or bank, installation of fencing or protection of an upland area impacting the buffer strip.
5.
Upon
request, the City may alter the outer boundary of the outer zone of
a buffer strip to allow for the presence of an existing structure
as long as the streamside zone is not altered by the narrowing and
no new structures are constructed in the buffer strip.
E.
Phasing
or revision of grading plans or revision of submitted and approved
grading plans, if necessary, shall be approved by the City.
F.
Erosion
control techniques include, but not be limited to, the following:
1.
Permanent
or temporary stabilization shall be completed within seven (7) calendar
days on all perimeter dikes, swales, ditches, perimeter slopes and
all slopes greater than 3 horizontal to 1 vertical (3:1); embankments
of ponds, basins and traps; and within fourteen (14) days on all other
disturbed or graded areas;
2.
If seeding
or another vegetative erosion control is used, it shall become established
within two (2) weeks or the Director may require the site to be reseeded
or a non-vegetative option be employed;
3.
Special
techniques that meet the erosion and sediment control design criteria
on steep slopes or in drainage ways to ensure stabilization;
4.
Stabilization
of stockpiles as required under the applicable County or DNR permit
for the development;
5.
The
entire site must be stabilized, using a suitable mulch layer or another
method that does not require germination to control erosion, at the
close of the construction season or siltation control structures or
other suitable BMPs provided for the management of sediment control;
6.
Techniques
shall be employed to prevent the blowing of dust or sediment from
the site; and
7.
Techniques
that divert upland runoff past disturbed slopes and delivered to a
non-erosive outlet shall be employed.
G.
Sediment
control requirements include, but not be limited to:
1.
Settling
basins, sediment traps or tanks and perimeter controls;
2.
Settling
basins that are designed in a manner that allows adaptation to provide
long-term storm water management, if required by the Director; and
3.
Protection
for adjacent properties and waterways by the use of a vegetated buffer
strip in combination with perimeter controls.
H.
Watercourse
or drainageway protection requirements shall include, but not be limited
to:
1.
A temporary
stream crossing, approved by the Code Enforcement Officer, shall be
installed if a wet watercourse will be crossed regularly during construction,
but only if the Code Enforcement Officer determines that the stream
crossing will not cause flooding of adjacent property;
2.
Stabilization
of the watercourse channel before, during and after any in-channel
work;
3.
All
on-site storm water conveyance channels shall be designed according
to the erosion and sediment control design criteria; and
4.
Stabilization
to prevent erosion at the outlets of all pipes and paved channels.
I.
Construction
site access requirements shall include, but not be limited to, a temporary
rock access road provided at all sites; or other measures required
by the Code Enforcement Officer to ensure that sediment is not tracked
onto streets by construction vehicles or washed into storm drains.
[R.O. 2011 §430.060; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A.
No person
shall release or cause to be released into the storm drainage system
any discharge that is not composed entirely of uncontaminated storm
water, except as allowed under a NPDES permit, the DNR or this Code.
Common storm water contaminants include trash, yard waste, lawn chemicals,
pet waste, wastewater, oil, petroleum products, cleaning products,
paint products, hazardous waste and sediment.
B.
No person
shall construct, use, maintain or have continued existence of illicit
connections to the storm drain system. This includes, without limitation,
illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
C.
No person
shall connect a line conveying sanitary sewage, domestic sewage or
industrial waste, including connections of a commercial water filtration
or water softener, to the storm drainage system.
D.
No person
shall maliciously destroy or interfere with BMPs implemented pursuant
to this document.
E.
No person
shall throw, place or deposit in any stream, creek, lake, pond or
river within the City limits any matter or thing liable to impede,
impair or pollute the water therein or to build, place, throw or deposit
on or along the banks thereof any structure or any matter or thing
of any description liable to decay and produce any noxious gases or
effluvia calculated to pollute or obstruct any of such waters in the
City of Byrnes Mill.
F.
No owner
or occupant of any lot, tract or parcel of land within the City limits
will have a collection of water (excluding goldfish ponds, ponds or
lakes) or shall remove any earth or soil from such lot, tract or parcel
of land so as to cause water to collect therein and become stagnant,
unclean, offensive or injurious to the individual, public health or
the environment.
G.
No person
shall stockpile any manure in the City in a floodplain or floodway,
nor dump any manure to include, but not limited to, human, livestock
or pet waste into any waterway or water body of the City of Byrnes
Mill.
H.
The City
of Byrnes Mill shall have the right-of-entry to any lot, tract or
parcel of land by any of the inspectors or designee of the Board of
Alderpersons, Development and Code Enforcement for the purpose of
inspection of an illicit discharge. The City has the right to enter
a DNR permitted facility in the event of an overflow, obvious by-pass
such as, but not limited to, the by-pass of the sand filter, direct
discharge, etc. The City has the right to make suggestions or recommendations
and if the problem is of a serious nature that produces an immediate
risk to the health of the residents of the City, the property of the
residents of the City and any risk to the environment, the City can
require on the spot corrections to fix the problem. All corrections
shall still be made in accordance to Missouri DNR regulations and/or
the City suggestions.
I.
It shall
be unlawful for any person, firm or corporation to cause or permit
any sewage to be deposited, dumped, discharged or drained on the surface
or subsurface of the ground or about any public right-of-way or ditch
within the City, except as allowed under a NPDES permit, the DNR or
this Code. For the purpose of this Section, "sewage" is defined as any substance that contains any of the waste products
or other discharges from the bodies of human beings or animals or
chemical or other wastes from domestic, manufacturing or other forms
of industry. Such definition shall include, but not be limited to,
the discharge from laundry operations, both domestic and institutional.
J.
No well
or cistern shall be left open or insecurely covered within the City
of Byrnes Mill. These must be closed in accordance with Missouri Department
of Natural Resources regulations.
K.
It shall
be unlawful for the owner or occupant of any residence, institution,
professional, commercial or business establishment or for contractors
or builders engaged in construction or remodeling projects to deposit
or accumulate refuse in or upon any lot, parcel of land, public or
private drive, alley, street, creek, dry creek or any part of the
City's storm water system natural or manmade or other place in the
City, except in an approved containment device or except as allowed
under a NPDES permit, the DNR or this Code. No person shall permit
or allow any refuse in his or her yard or upon the premises occupied
by him or her or to throw or deposit any refuse upon the premises
of any other person or upon any of the streets, alleys or other public
places in the County.
[R.O. 2011 §430.070; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A.
Permit Required. No person may engage in any land disturbance
activity, including persons engaged in land disturbance activity related
to utility installation or maintenance, without first obtaining a
land disturbance permit from the City, except as provided in this
Chapter.
B.
Other Construction Permits Delayed. When a person is developing
a site and a permit is required in accordance with this Chapter, no
other construction permits shall be issued to make improvements on
that site until the person has secured a land disturbance permit for
the same site, unless such permits are unrelated to land disturbance
activity. This includes permits issued by any other City, State or
Federal agency.
C.
Exemptions. A permit is not required under this Chapter
for the following:
1.
Any
land disturbance activity that disturbs or will, in the course of
the subject development, disturb less than one (1) acre of surface
area. This does not preclude preventive measures that need to be taken
to prevent an increase in site erosion, water runoff, siltation or
other drainage to neighboring properties. Where it is determined that
erosion measures are not being taken, the Code Enforcement Officer
may revoke application of this exemption to subject site.
2.
All
land farming operations, including plowing or tilling of land for
the purpose of crop production or the harvesting of agricultural crops
on land except where such activity may adversely affect aquatic life
or water quality. If an owner or any entity in which the owner has
a controlling interest has cleared or disturbed for an exempt purpose,
that owner may not develop the site for a two (2) year period following
the clearing or land disturbance activity.
3.
Any
activity that is immediately necessary for the protection of life,
property, public health or safety or natural resources.
4.
On-going
sludge drying and storage activities by water and sewer authorities
at the treatment plant site under Missouri DNR operation permit.
|
The Code Enforcement Officer encourages the use of best management
practices for sediment and erosion control techniques on all disturbed
sites including above exceptions.
|
D.
Application. To obtain a permit for land disturbance activity, the owner of the land, the holder of an access easement, an owner under contract or the site owner's authorized representative must submit a complete application, in writing, upon forms furnished by the City. The application shall be in accordance with the permit submission requirements delineated in Section 430.080.
A land disturbance permit must be issued in the name of the
current property owner.
E.
Fee. Before issuance of a permit, the applicant shall pay
a fee to cover the cost of administration, plan review, inspection
services and any other costs associated with the permit process. The
fee shall be as set by the Board of Alderpersons and shall be paid
to the City with the application.
Land Disturbance Permit
|
<1 acre
|
= no fee
| |
1--3 acres
|
= $500.00 + $50.00/acre
| ||
>3--10 acres
|
= $1,000.00 + $50.00/acre
| ||
>10--25 acres
|
= $1,500.00 + $25.00/ac > 10 ac
| ||
>25 acres
|
= $1,875.00 + $10.00/ac > 25 ac
| ||
Floodplain Development Permit
|
$80.00
|
F.
Review And Approval. The Director will review each application
to determine its conformance with the provisions of this Chapter and
the erosion and sediment control/storm water design criteria authorized
hereby. The Director shall, in writing:
1.
Approve the permit application and the Storm Water Pollution Prevention Plan (SWPPP) required by Section 430.100, if the application complies with all the requirements of this Chapter and the Code Enforcement Officer determines that best management practices will be employed to control erosion and sedimentation to the maximum extent practicable; or
2.
Approve the permit application and the SWPPP required by Section 430.100 subject to conditions, as herein authorized, as may be reasonably necessary to secure the objectives of this Chapter, prevent the creation of a nuisance or an unreasonable hazard to persons or to public or private property and issue the permit subject to these conditions; or
G.
Conditions Of Approval. In approving the issuance of any
permit, the Code Enforcement Officer may impose any conditions as
may be reasonably necessary to secure the objectives of this Chapter
and/or prevent the creation of a nuisance or unreasonable hazard to
persons or to public or private property. All permits shall include
these conditions:
1.
The
granting (or securing from others) and the recording in the Recorder
of Deeds office of easements for drainage facilities on the property
of others and for the maintenance of slopes or erosion control facilities;
2.
Adequate
control of dust by watering or other control methods acceptable to
the Code Enforcement Officer;
3.
Improvements
of any existing grading, ground surface or drainage condition on the
site (not to exceed the area as proposed for work or development in
the application) to meet the standards required under this Chapter
or land disturbance, drainage and erosion control;
4.
Installation
of sediment traps and basins if determined by the Code Enforcement
Officer;
5.
In the
proximity of a school, playground or other areas where children may
congregate without adult supervision, the installation of additional
safety-related devices if determined by the Code Enforcement Officer.
H.
Modification Of Plan.
1.
Modifications
of the approved plan must be submitted to the City and shall be reprocessed
in the same manner as the original SWPPP, where:
a.
Field
inspection or evaluation has revealed the inadequacy of the approved
plan to accomplish its erosion and sediment control objectives; or
b.
The
person responsible for carrying out the approved plan finds that,
because of changed circumstances or for other reasons, the approved
plan cannot be effectively carried out.
2.
In emergency
situations, the Code Enforcement Officer may require the installation
of interim erosion and sediment control/storm water control measures
to protect stream channels, other properties or the general public
from damage that will remain in effect until modifications or revisions
to the plan are approved and implemented.
3.
Field
modifications of a minor nature that are consistent with the criteria
of this Chapter may be made without authorization, provided the Code
Enforcement Officer is notified of such changes within forty-eight
(48) hours of implementation.
I.
Assignment Or Transfer.
1.
If the
permittee sells the property before the termination of the permit,
a new permit will be issued for the new owner of the site, upon application
therefor, provided the original permittee is not in violation of any
City Code, ordinance or regulation.
2.
If the
permittee sells any portion of the property before the termination
of the permit, the permittee will remain responsible for that portion
of the property until the new owner of the property obtains a permit
in compliance with City requirements.
3.
A new
owner disturbing more than one (1) acre of a portion of property covered
by an approved plan for which a completion certificate has not been
issued shall obtain a land disturbance permit before engaging in further
land disturbance activities as required by this Chapter.
J.
Termination Or Transfer Upon Completion. The permit shall
be valid from the time that it is issued until the site is permanently
stabilized and erosion and sediment control measures are in effect
or the property is transferred to a new permittee as provided hereinabove.
The site will be considered stabilized when either perennial vegetation,
pavement, buildings or structures, using permanent materials, cover
all areas that have been disturbed and all temporary erosion and sediment
control measures have been cleaned out and removed. To terminate the
permit, the permittee shall submit a written request to the City provided
a new permit has been issued in the name of the new permittee. The
City will perform a final inspection of the site to evaluate the completion
of the measures specified in the permit.
[R.O. 2011 §430.080; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A.
The following information shall be submitted to the Code Enforcement Officer as a part of the application for a land disturbance permit as required by Section 430.070:
5.
The permit fee as set forth in Section 430.070(E);
B.
Plans submitted in accordance with Subsections (A)(7) and (A)(8) must be prepared and certified by a licensed professional or by someone who has successfully completed certification requirements from a nationally recognized organization that specializes in soil and erosion control, with such certification to be based upon preparation, knowledge and experience, passage of an examination showing proficiency in the principles and practices of erosion and sediment control, as well as a peer reviewed application stating the candidate's education and years of experience working in the industry. The certification must require continuing education credits to maintain the certification and the professional must certify as part of his/her report that he/she has maintained such credits to date. The program must be approved by the City.
C.
The City
may require any additional information or data deemed appropriate
and/or may impose conditions thereto as the Code Enforcement Officer
may deem necessary to ensure compliance with the provisions of this
Chapter to preserve public health and safety.
D.
The Code
Enforcement Officer may waive the requirements for site maps, plans,
reports or drawings, if the Code Enforcement Officer finds that the
information on the application and supporting information is sufficient
to show that the proposed work will conform to the requirements of
this Chapter.
E.
The applicant
is bound by information submitted and by this Chapter.
[R.O. 2011 §430.090; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A.
Subject to Section 430.080(A), as a part of each application, the applicant shall submit a site map that contains all of the information specified in the Erosion and Sediment Control/Storm Water Management Manual required by Section 430.050(C) of this Chapter:
1.
An attached
vicinity map showing the location of the site in relation to the surrounding
area's watercourses and water bodies within one hundred (100) feet,
other geographic and natural features and street and other structures;
2.
Existing
and proposed topography of the entire site with contour lines drawn
with an interval in accordance with the following table:
|
Ground Slope Contour Interval
| ||
---|---|---|---|
|
Flat: 0 — 30%
|
2 feet
| |
|
Steep: 30%+
|
5 feet
|
For minor subdivisions with minimum four (4) acre lots, U.S.G.S.
data may be used for existing topography for purposes of the land
disturbance permit;
|
3.
Drainage
areas within one hundred (100) feet;
4.
Site's
property lines shown in true location with respect to the plan's topographic
information;
5.
Location
and graphic representation of all existing and proposed drainage facilities
(natural and manmade) and to which Byrnes Mill watershed(s) the drainage
occurs;
6.
Location,
graphic representation and legend with a general description of each
soil type as described in the "Soil Summary of Byrnes Mill, Missouri,
United States Department of Agriculture, Natural Resources Conservation
Service" using Table 12 "Building Site Development" and Table 13 "Sanitary
Facilities";
7.
Location of buffer strips delineating both streamside zone and the outer zone as defined in Section 430.050(C).
8.
Delineation
of any above grade natural or artificial water storage areas, detention
areas and drainage ditches on the site and a copy of the 404 permit
or a statement of no permit required;
9.
Delineation
of any drainage, sanitary, utility or other easement(s) on or near
the site;
10.
Delineation
of the 100-year floodplain and floodway on the site; or a statement
that there are no such floodplains located on the property;
11.
Location
and graphic representation of proposed excavations and fills, of on-site
storage of soil and other earthen material and, prior to hauling,
the location of off-premises disposal site;
12.
Location
and general description of vegetation cover to be left undisturbed;
13.
Location
of existing surface runoff and erosion and sediment control measures;
14.
Location
of any water wells and on-site septic systems;
15.
Location
and size of any sink holes;
16.
Quantity
of soil in cubic yards to be disposed off site;
17.
Proposed
sequence of excavation, filling and soil or earthen material storage
and disposal; and
18.
The
signature of a licensed professional.
[R.O. 2011 §430.100; Ord. No. 711-09 §§1 — 3, 7-1-2009]
Subject to Section 430.080(A), as a part of each application, an applicant shall submit a SWPPP that is drawn to an appropriate engineering scale and that includes sufficient information to evaluate the environmental characteristics of the affected area, to assess the potential impacts of the proposed land disturbance on water resources and identify proposed methods to minimize on-site soil erosion and prevent off-site sedimentation to the maximum extent practicable, including disturbance of topsoil and limitation on disturbance and areas preserved as buffer strips designated to protect drainage courses. The SWPPP shall contain all the information specified herein and meet all the erosion and sediment control design criteria established pursuant to Section 430.050 of this Chapter.
[R.O. 2011 §430.110; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A.
The following
items shall be submitted in support of an application for a land disturbance
permit:
1.
An identification
of the areas on the site to be protected from disturbance and the
methods of the protection.
2.
Applicable
State and Federal permits applied for or obtained.
3.
A description
of and the specification for the measures to be undertaken to retain
sediment on the site including, but not limited to, designs and specification
for berms and sediment detention facilities and a schedule for maintenance
and upkeep.
4.
A description
of and specifications for the measures undertaken to reduce surface
runoff and control erosion, including, but not limited to, types and
methods of applying mulches, designs and specifications for diverters,
dikes and drains and a schedule for their maintenance and upkeep.
5.
A description
of the temporary and permanent vegetative measures to be used including
seeding mixtures and rates, types of sod, method of seedbed preparation,
expected seeding dates, types and rates of lime and fertilizer application,
kind and quantity of mulching, the type, location and extent of pre-existing
undisturbed vegetation types and vegetation to remain, including buffer
strips, and a schedule for maintenance and upkeep.
6.
Alternative
methods of stabilizing the site when either seeding is not performed
in accordance with the work schedule or is performed and is not effective.
7.
The
location and description, including design details, of temporary and
permanent erosion, surface runoff and sediment control measures and
structures or show in a typical format with proposed locations on
the plan.
8.
The
maximum surface runoff from the site calculated using the best available
information and sound engineering principles.
9.
The
sediment yield calculated using the best available information and
sound engineering principles.
10.
The
estimated duration of the permit, defined as the time for the inception
of the land disturbance until concluded and the site stabilized.
11.
A statement noting that the contractor, developer and owner shall request the City to inspect and approve work completed in accordance with the approved plan and in accordance with this Chapter. The contractor, developer or owner shall be required to obtain written approval by the City at the stages of development as outlined in Section 430.160(D).
12.
The
storm drainage system including quantities of flow and site conditions
around all points of surface water discharge from the site.
13.
The
details of temporary and permanent stabilization measures, including
a construction note on the plan stating: "Following initial soil disturbance
or redisturbance, permanent or temporary stabilization shall be completed
within seven (7) calendar days on all perimeter dikes, swales, ditches,
perimeter slopes and all slopes greater than 3 horizontal to 1 vertical
(3:1); embankments of ponds, basins and traps; and within fourteen
(14) days on all other disturbed or graded areas". This requirement
does not apply to those areas that are shown on the plan and are currently
being used for material storage or for those areas on which actual
construction activities are currently being performed.
[R.O. 2011 §430.120; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A.
Subject to Section 430.080(A), the applicant shall submit a chronological construction schedule and approximate time frames for each activity specified herein and in the Erosion and Sediment Control/Storm Water Management Manual required by Section 430.050 of this Chapter:
1.
Clearing
and grubbing for those areas necessary for installation of perimeter
erosion control devices;
2.
Construction
of perimeter erosion and sediment control devices;
3.
Remaining
interior site clearing and grubbing;
4.
Installation
of permanent and temporary stabilization measures;
5.
Grading
for the site;
6.
Utility
installation and statement of whether storm drains will be used or
blocked during construction;
7.
Building,
parking lot and site construction if part of the land disturbance
activities;
8.
Final
grading, landscaping or stabilization;
9.
Implementation
and maintenance of final erosion control structures; and
10.
Removal
of temporary erosion control devices.
[R.O. 2011 §430.130; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A.
When the City determines that because of soil types and the need to protect against erosion or other hazards, the applicant shall submit a soils engineering report, subject to Section 430.080(A). The report shall be based on adequate and necessary test borings and shall contain all the information listed below. Recommendations included in the report and approved by the County shall be incorporated in the Storm Water Pollution Prevention Plan (SWPPP). The report shall include:
1.
Data
regarding the nature, distribution, strength and erodibility of existing
soils.
2.
If applicable,
data regarding the nature, distribution, strength and erodibility
of soil to be placed on the site.
3.
Conclusions
and recommendations for grading procedures.
4.
Conclusions
and recommended designs for interim soil stabilization devices and
measures and for permanent soil stabilization after construction is
completed.
5.
Design
criteria for corrective measures when necessary.
6.
Opinions
and recommendations covering the stability of the site.
[R.O. 2011 §430.140; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A.
When the City determines that, subject to Section 430.080(A), additional information is required on properties to protect against landslides, faults or other geological hazards, the applicant shall submit an engineering geology report. The report shall be based on adequate and necessary test borings and give an adequate description of the geology of the site, with conclusions and recommendations, regarding the effect of geologic conditions on the proposed development and giving opinions and recommendations covering the adequacy of site to be developed by the proposed land disturbance activity. Recommendations included in the report and approved by the City shall be incorporated in the SWPPP. The report shall be based on subsurface exploration and testing that represents conditions of the entire parcel. The report shall include:
1.
Maps
depicting regional geologic settings and site-specific geologic formations
and structures.
2.
Review
of generally accepted published geologic reports pertaining to the
area.
3.
An adequate
description of the geology of the site, including description of bedrock
lithology, structure and physical characteristics (strength, jointing,
weathering, hardness, special physical or chemical features) and discussion
of how the geologic structure affects the site.
4.
Identification
of active and dormant landslides based on both site analysis and published
geologic maps. Geologic cross sections where appropriate to convey
information on geologic relationships.
5.
Discussion
of geomorphology and relevant hillslope and stream processes. Identification
and evaluation of any faults on or adjacent to the site, including
their degree of activity and their possible engineering significance.
6.
Description
and evaluation of off-site geologic hazards that may affect the graded
site.
7.
Conclusions
and recommendations regarding the effect of geologic conditions on
the proposed development.
8.
These
studies shall be performed for the entire parcel and shall not be
limited only to those portions to be graded.
9.
Reports
should be signed by a Missouri licensed professional engineer.
[R.O. 2011 §430.150; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A.
Based
on the "Byrnes Mill Schedule of Construction Unit Prices", prior to
the issuance of a land disturbance permit, the applicant must submit
a performance guarantee agreement, secured by a letter of credit,
that meets the requirements specified in this Chapter and in a satisfactory
form and approved by the City Counselor. That instrument shall be
conditioned upon the faithful performance of the terms of the permit
and the soil erosion and sediment control/storm water measures specified
in the permit and approved plan within the time authorized by the
permit or within any extension granted. The amount of the performance
guarantee shall be sufficient to cover erosion/sedimentation control
(installation and maintenance) and soil stabilization of the site
in the event of default by the permittee. The Code Enforcement Officer
may grant a partial or complete waiver of the performance guarantee,
upon application, where the Code Enforcement Officer finds minimal
impairment of existing surface drainage, minimal erosion hazard and
minimal sedimentation hazard upon any adjacent land or watercourse
and no hazard to human life or property.
B.
A performance guarantee shall remain in full force and effect until the applicable permit is terminated, pursuant to Section 430.070(J) of this Chapter and all other permittee's acts covered by the performance guarantee have been determined to be complete in accordance with the applicable City Code provisions. If the permit holder does not faithfully perform the soil erosion and sediment control measures specified in the permit, the financial institution securing the letter of credit will cause the measures to be performed or may pay the City on demand the amounts needed to perform and maintain the measures. A release of the performance guarantee shall be transmitted to the letter of credit depositor upon termination of the applicable permit in accordance with Section 430.070(J) of this Chapter. Failure to renew the performance guarantee thirty (30) days prior to its expiration shall be deemed a default.
[R.O. 2011 §430.160; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A.
General. Land disturbance activity may not proceed until
a land disturbance permit has been issued by the City. All work must
be performed in accordance with a sequence shown on the approved plan
and/or work schedule or a revised sequence that shall be set forth
in the SWPPP by the applicant.
A person must not initiate land disturbance activities sufficiently
close to the property line so as to endanger any adjoining property,
including a public street, sidewalk or alley. The adjoining property
should be supported and protected from damage that may result from
land disturbance activities including settling, cracking or vegetative
damage. If, in the opinion of the Code Enforcement Officer, the land
disturbance activity creates a hazard to life or property, which is
not adequately safeguarded, the permittee must construct walls, fences,
guardrails or other structures to safeguard the adjoining private
property or public street, sidewalk, alley or other public property
and persons, as the Code Enforcement Officer may require.
B.
Execute The Approved Plan. The issuance of a permit shall
constitute an authorization to do the work described in the permit
or shown on the approved plan. A copy of the approved plan and the
permit must be available on the site for inspection or a sign must
be placed on site with contact notice information. Field markings
showing limits of disturbance must be on site during all installation
of erosion and sediment/storm water control measures, construction
or other land disturbance activities.
C.
Maintain And Repair Storm Water Facilities During Development.
1.
The
permittee or the owner of any property on which work has been done
pursuant to a permit or any other person or agent in control of that
property must inspect, maintain in good and effective condition and
promptly repair or restore all grade surfaces, walls, drains, dams
and structures, plantings, vegetation, erosion and sediment control
measures and other protective devices. The permittee or owner and
their agent, contractor and employees shall maintain and repair all
graded surfaces and erosion control facilities, drainage structures
or means and other protective devices, plantings and ground cover
installed while construction is active. Inspections shall be performed
and documented in accordance with regulations of the City of Byrnes
Mill, Jefferson County. Repair or restoration and maintenance must
be in accordance with the approved plan and permit as required by
this Chapter.
D.
Maintain And Repair Storm Water Facilities After Development.
1.
Easement. Permanent easements for maintenance of storm water
management facilities shall be established on the final subdivision
plat for any project that has said facilities as part of the improvements.
The owner(s) of storm water management facilities are hereby obligated
to maintain the facilities in good repair and working order.
2.
Covenants. When storm water improvements are part of a subdivision
development wherein a property owners' association will own the improvements,
the covenants or restrictions for said subdivision shall include a
statement obligating each property owner to maintain the storm water
facilities. The covenants or restrictions shall authorize the association
to place a lien on property the owners of which fail to pay such assessments.
The language of the covenants or restrictions shall obligate the association
to perform a minimum of annual maintenance on the storm water facilities
and to keep records of such maintenance for ten (10) years. Upon request,
records must be produced for inspection by the City of Byrnes Mill.
Maintenance and repair may include, but is not limited to, removal
of silt, litter and other debris from all catch basins, inlets and
drainage pipes, removal of grass cuttings and vegetation, the necessary
replacement of landscape vegetation and repair to any defects in storm
water structures.
3.
Inspection of storm water facilities. The City of Byrnes
Mill may establish inspection programs to review maintenance and repair
records; to sample discharges, surface water, ground water and material
or water in drainage control facilities; and to evaluate the condition
of drainage control facilities and other storm water treatment practices.
The property owner(s) shall allow representatives of Byrnes Mill to
enter the property at reasonable times and in a reasonable manner
for the purpose of inspection. This includes the right to enter the
property when the City has a reasonable basis to believe that a violation
of this order is occurring or has occurred.
E.
Inspections.
1.
Each
site that has an approved plan shall be inspected as necessary to
ensure that erosion and sediment/storm water control measures are
installed and effectively maintained in compliance with the approved
plan and permit. As a minimum, it is anticipated that the Code Enforcement
Officer will inspect the site at the following stages:
a.
Upon
completion of installation of perimeter erosion and sediment controls;
b.
During
the construction of sediment basins or storm water management structures,
at the inspection points required by the permit;
c.
Prior
to the removal or modification of any erosion and sediment control
measure or practice; and
d.
Upon
completion of final grading, including establishment of ground covers
and planting, installation of all vegetative measures and all other
work in accordance with the approved plan.
2.
Permittee
shall notify the Code Enforcement Officer when work pursuant to the
permit reaches the milestones set forth in Section 430.120(4). Requests
for inspection shall be made at least forty-eight (48) hours in advance
(exclusive of Saturdays, Sundays and holidays) of the time the inspection
is desired.
F.
Remove Fugitive Materials. If soil, earth, sand, gravel, rock, stone or other material is caused to be deposited upon or to roll, flow or wash upon any public or private property and/or public road in violation of Section 430.010 of this Chapter, the person responsible shall be notified and must cause the material to be removed from that property within forty-eight (48) hours or other time period as determined by the City. In the event of an immediate danger to the public health or safety, notice must be given by the most expeditious means and the material must be removed immediately.
G.
Non-Interference With City's Corrective Actions. A person
must not interfere with an authorized representative or agent of any
surety, issuing organization or entity nor shall a person obstruct
the ingress to or egress from a site or premises. This non-interference
extends to the City engaged in completing the required work to be
performed under the permit or in complying with the terms or conditions
of the approved plan or the permit.
[R.O. 2011 §430.170; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A.
Inspections And Notice Of Failure. The City may inspect
the work and upon prior notice to the permittee (except in cases of
emergency in which the injury to persons or property is imminent)
notify the permittee or the representative of the permittee, if there
is a failure to comply with the requirements of this Chapter. Following
notice of a potential violation, the permittee shall be given the
opportunity to accompany any such inspector and to participate in
the inspection. The notice issued for violation must, at a minimum,
state the nature of the violation, any practice or approved plan deficiencies,
required corrective action and compliance time. After a notice to
comply is given, the permittee or the permittee's contractor(s) shall
be required to make the corrections within the time period determined
by the City. If an imminent hazard exists, the City shall require
that the corrective work begin immediately. Notice of minor deficiencies
may be given to responsible personnel on site.
B.
Third (3rd) Party Inspections, If Necessary. If as-built plans are not being furnished for the job, then, in addition to its own inspections, the City may require that any portion of the construction of basins or structures be inspected and certified by a licensed professional. The permittee may be required to secure the services of a licensed professional to inspect the construction of the facilities and provide the City with a fully documented certification that all construction is done in accordance with the provisions of the approved plan, applicable rules, regulations and criteria. If a certification is provided to the City, inspections anticipated under Section 430.160(E)(1)(b) for the basin or structure may be waived. In these cases, the City must be notified at the required inspection points and may make spot inspections.
C.
Suspension.
1.
Any
permit issued under this Chapter may be suspended by the City, after
notice, if the City determines that:
a.
The
site is not in substantial compliance with the approved plan or any
permit condition;
b.
Permittee
fails to submit reports timely, when requested to do so by the City;
c.
A
violation of any provision of this Chapter or any other applicable
law, order, rule or regulation relating to the work exists;
d.
A
condition exists or any act is being done that constitutes or will
create a nuisance or hazard or endangers or will endanger human life
or the property of others; or
e.
The
approved plan is failing to achieve required erosion and sediment
control/storm water management objectives due to site characteristics
or conditions and the permittee has not submitted or followed an approved
modified plan.
2.
The
City shall reinstate a suspended permit upon the permittee's correction
of the cause of the suspension.
D.
Stop Work Orders.
1.
In addition
to the other authority granted by this Chapter, the City may post
a site with a stop work order directing that all or any portion of
the land disturbance activity cease immediately, provided that:
a.
The
City determines that the land disturbance activity violates a condition
or requirement of the permit or approved plan or any provisions of
this Chapter or regulations;
b.
Written
warning notice is furnished to the permittee or the permittee's representative
that lists deficiencies and the time within which the corrections
must be made;
c.
The
permittee fails to comply with the warning notice within the specified
time.
2.
A person
must not continue or permit the continuance of work in an area covered
by a stop work order, except work required to correct deficiencies
with respect to an erosion or sediment/storm water control measure.
3.
For
the purposes of this Chapter, a stop work order is validly posted
by posting a copy of the stop work order on the site of the land disturbance
activity in reasonable proximity to a location where the land disturbance
activity is taking place.
4.
A stop
work order may be issued without a warning notice where the City determines
that:
5.
Except
as otherwise provided, the City must provide written notice to the
permittee or a representative of the permittee when a stop work order
is issued. A copy of the order, in the case of work for which there
is a permit, shall be mailed by first class mail, postage prepaid,
to the address listed by the permittee on the permit. In the case
of work for which there is no permit, a copy of the order shall be
mailed to the person listed as owner of the property by the City of
Byrnes Mill. That notice must specify the extent to which work is
stopped and the conditions under which work may resume. The permittee
is responsible for the actions of agents of the permittee and must
notify those agents when a stop work order is issued that will affect
an area within which the agents are to work. In this regard, "agent" is defined as any person who acts at the instruction,
with the permission, or to the benefit of the permittee. A hearing
shall be held before the Code Enforcement Officer within forty-eight
(48) hours after the issuance of the stop work order unless resolved
prior to the time of the hearing.
6.
A person
must not continue or permit the continuance of work in an area covered
by a stop work order, except work required to correct deficiencies
with respect to an erosion or sediment/storm water control measure.
E.
City's Right To Correct And Recover Costs.
1.
Within ten (10) days after posting the order, the City (if the deficiencies specified in the stop work order have not been satisfied) may issue a notice of intent to the permittee, owner or land user of the City's intent to perform work necessary to comply with this Chapter pursuant to the guarantee agreement. The City may go on the land and commence work after fourteen (14) days from issuing the notice of intent. The costs incurred by the City to perform this work shall be paid out of the performance guarantee required by Section 430.080.
2.
Whenever the City finds that a default has occurred in the performance of any term or condition of the permit, approved plan, performance guaranty or a violation of Section 430.010(C) has occurred, written notice of default must be given to the permittee and to the surety or issuing organization or entity. The notice must state the work to be done, the estimated cost and the specified period of time deemed by the City to be reasonably necessary for completion of the work.
3.
In the
event of any default in the performance of any term or condition of
the permit or performance guarantee, the City, the surety, the issuing
organization or entity or any person employed or engaged on its behalf
has a right to go upon the site to complete the required work necessary
to control erosion and sedimentation or to protect properties, watercourses
and persons. In the event the City undertakes this work with the funds
from a forfeited performance guaranty, the funds must be used to pay
the cost of contracting, including engineering and administration,
for necessary restoration of the site to control erosion and sediment/storm
water within the requirements of the approved plan, permit, performance
guarantee or this Chapter.
4.
In the event any soil, earth, sand, gravel, rock, stone or other material that is caused to be deposited upon or to roll, flow or wash upon any public or private property in violation hereof and is not removed after notice as provided in Section 430.170(A), the City may cause the removal. The failure to remove shall be treated as a default on the performance guarantee and remedy the default as authorized by Section 430.160(D)(4).
5.
Revocation of permit.
[R.O. 2011 §430.180; Ord. No. 711-09 §§1 — 3, 7-1-2009]
A.
Other Laws.
1.
Neither
this Chapter nor any decision made with respect hereto exempts the
applicant or any other person from other requirements of the City
Code or from State and Federal laws or from procuring other required
permits, nor do they limit the right of any person to maintain, at
any time, any appropriate action, at law or in equity, for relief
or damages against the applicant or any person arising from the activity
regulated by this Chapter.
2.
This
Chapter shall not be construed to be in conflict with any State or
Federal law intended to control erosion, sedimentation and storm water.
In those instances where State or Federal law imposes a more strict
duty or requirement with respect to a matter covered by this Chapter,
the more strict duty or requirement shall control.
B.
Liability Insurance.
1.
Contractors
or subcontractors performing land disturbance activities shall be
insured against liability for claims for damages for personal injury
and property damage and certificates of insurance shall be made available
to the City upon request. Neither issuance of a permit nor compliance
with these provisions or any condition imposed by the City relieves
any person from any responsibility for damage to persons or property
otherwise imposed by law, nor imposes any liability upon the City
for damages to persons or property.
2.
The
permittee is responsible for safely and legally completing the project.
Neither the issuance of a permit under the provisions of this Chapter
nor the compliance with the provisions hereto or with any condition
imposed by the City shall relieve any person from responsibility for
damage to persons or property resulting therefrom or as otherwise
imposed by law, nor impose any liability upon the City for damages
to persons or property.
[R.O. 2011 §430.190; Ord. No. 724-10 §1, 2-17-2010]
A.
Any person,
persons, firms, associates, corporations, agent or employees thereof
failing to comply with any of the provisions of this Chapter may result
in the issuance of a stop work order and/or other penalties to include
fines up to five hundred dollars ($500.00) daily, issuance of arrest
warrants or be imprisoned for not more than (90) days or both such
fine and imprisonment until compliance is accomplished.
B.
Each
day such violation continues shall constitute a separate offense.