[Ord. No. 664 §1, 2-9-2004; Ord. No. 729 §1, 1-8-2007]
The St. Louis County Land Disturbance Code, three (3) copies
of which are on file in the office of City Clerk, as amended by the
County of St. Louis, Missouri, through St. Louis County Ordinance
No. 21578 adopted October 7, 2003, is hereby adopted as the Land Disturbance
Code of the City of Oakland, Missouri, for all commercial purposes
and for properties over one (1) acre as if fully set out herein.
[Ord. No. 664 §1, 2-9-2004]
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TITLE XI
PUBLIC WORKS AND BUILDING REGULATIONS
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LAND DISTURBANCE CODE
Chapter 1114
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A.
1114.100 CHAPTER 1 - ADMINISTRATION
1.
SECTION 101.0 SCOPE
101.1 Title: These regulations shall be known
as the "Land Disturbance Code" of St. Louis County, Missouri, hereinafter
referred to as "this Code".
101.2 Introduction: On construction or land
disturbance sites, soil is highly vulnerable to erosion by wind and
water. Eroded soil endangers water resources by reducing water quality
and causing the siltation of aquatic habitat for fish and other desirable
species. Deposits of eroded soil also necessitate maintenance of sewers
and ditches and the dredging of lakes. In addition, clearing and grading
during construction cause the loss of native vegetation necessary
for terrestrial and aquatic habitat. Construction activities also
utilize materials and generate wastes, which if not properly controlled
can pollute receiving waters.
101.3 Purpose: The purpose of this Code is
to safeguard persons, protect property and prevent damage to the environment
in St. Louis County. This Code will also promote the public welfare
by guiding, regulating and controlling the design, construction, use
and maintenance of any development or other activity that disturbs
or breaks the topsoil or results in the movement of earth on land
in St. Louis County.
101.4 Scope: This Code provides for the safety,
health and welfare of the public by regulating and controlling the
design, construction, use and maintenance of any development or other
activity that disturbs land surfaces or results in the movement of
earth in the unincorporated part of St. Louis County, Missouri.
101.5 Definitions: For the purpose of this
Code, the following terms, phrases, words and their derivations shall
have the meanings given herein. Where terms are not defined by this
Section, such terms shall have ordinarily accepted meanings such as
the context implies.
65-575
BEST MANAGEMENT PRACTICES or BMP — Practices, procedures
or a schedule of activities to reduce the amount of sediment and other
pollutants in stormwater discharges associated with construction and
land disturbance activities.
CLEARING — Any activity that removes the vegetative surface
cover.
CODE OR THIS CODE — The "Land Disturbance Code" of St.
Louis County, Missouri, as adopted by St. Louis County Ordinance.
COUNTY — St. Louis County, Missouri.
CONSTRUCTION SITE OR LAND DISTURBANCE SITE — A parcel
or contiguous parcels, where land disturbance activities are performed
as part of a proposed development.
DEPARTMENT OF HIGHWAYS AND TRAFFIC — The County Department
of Highways and Traffic, acting through its Director or his/her duly
authorized designee.
DEPARTMENT OF PLANNING — The County Department of Planning,
acting through its Director or his/her duly authorized designee.
DEPARTMENT OF PUBLIC WORKS — The County Department of
Public Works, acting through its Director or his/her duly authorized
designee.
DRAINAGE WAY — Any channel that conveys surface runoff
through a site.
EROSION — The wearing away of land surface through the
action of wind or water.
EROSION CONTROL — Any Best Management Practices (BMP)
that prevents or minimizes erosion.
GRADING — Reshaping the ground surface through excavation
and/or fill of material.
LAND DISTURBANCE ACTIVITIES — Clearing, grading or any
related work which results in removal of the natural site vegetation
and destruction of the root zone or otherwise results in leaving the
ground surface exposed to soil erosion through the action of wind
or water.
LAND DISTURBANCE, MAJOR — Any land disturbance activity
involving one (1) acre or more of land or a site involving less than
one (1) acre that is part of a proposed development that will ultimately
disturb one (1) acre or more.
LAND DISTURBANCE, ORDINARY — Any land disturbance activity
involving less than one (1) acre of land.
LAND DISTURBANCE PERMIT — A permit issued by the authority
having jurisdiction authorizing a land disturbance activity at a specific
site subject to conditions stated in the permit. A permit may be for
either major or ordinary land disturbance activities.
PERIMETER CONTROL — A barrier that prevents sediment from
leaving a site by filtering sediment-laden runoff or diverting it
to a sediment trap or basin.
PHASING — Clearing a parcel of land in distinct stages,
with the stabilization of each phase substantially completed before
the clearing of the next.
QUALIFIED PROFESSIONAL — A Missouri licensed professional
engineer or other person or firm knowledgeable in the principles and
practices of erosion and sediment control, including the Best Management
Practices described in this Code.
RUNOFF COEFFICIENT — The fraction of total rainfall that
exits at the outfalls from a site.
SEDIMENT CONTROL — Any Best Management Practices (BMP)
that prevents eroded sediment from leaving a site.
STABILIZATION — The use of Best Management Practices (BMP)
that prevent exposed soil from eroding from a land disturbance site.
START OF CONSTRUCTION — The first land disturbance activity
associated with a development.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP) — A management
plan, the purpose of which is to ensure the design, implementation,
management and maintenance of Best Management Practices (BMP) in order
to reduce the amount of sediment and other pollutants in stormwater
discharges associated with land disturbance activities, comply with
the standards of the County and ensure compliance with the terms and
conditions of the applicable State permits, including adherence to
the land disturbance program contained in Missouri MS4 NPDES permits.
WATER COURSE — A natural or artificial channel or body
of water including, but not limited to, lakes, ponds, rivers, streams,
ditches and other open conveyances that carry surface runoff water
either continuously or intermittently.
101.6 SERVICE TO MUNICIPALITIES
101.6.1 Contracting with Municipalities: The
Department of Public Works, with the approval of the County Executive,
is hereby authorized to contract with municipalities within the County
to provide appropriate services to enforce the requirements of this
Code and further to collect fees for applicable permits and inspections
issued or made pursuant to such contracts. No contract for services
under this Code shall be entered into until the municipality desiring
to contract with the County for enforcement of this Code shall:
1. Contract with the County for enforcement of Building Code
and Explosives Code enforcement services; and
2. Adopt a code identical in substance to this Code; and
3. Perform the functions associated with the authority and responsibilities
of the Department of Planning identified in Section 103.1 of this
Code or other mutually agreeable services; and
4. Perform the functions associated with the authority and responsibilities
of the Department of Highways and Traffic identified in Section 103.3
of this Code or other mutually agreeable services.
101.6.2 Municipal Zoning Approval: All plans
for land disturbance activities within the corporate limits of any
municipality that contracts with the County for code enforcement services
shall be reviewed and approved by the contracting municipality for
compliance with its zoning or other municipal regulatory ordinances
or provisions prior to issuance of a County permit under this Code.
2.
SECTION 102.0 APPLICABILITY
102.1 Other Laws: The provisions of this Code
shall not be deemed to nullify any provisions of County, State or
Federal law.
3.
SECTION 103.0 ENFORCEMENT
103.1 Department of Planning: The Department
of Planning shall have the authority and responsibility to perform
the following functions related to the enforcement of this Code as
associated with major land disturbance permits:
1. Receive applications for major land disturbance permits;
2. Coordinate the review of permit applications and accompanying
documents with the Department of Public Works, the Department of Highways
and Traffic and the Metropolitan St. Louis Sewer District (MSD);
3. Clear issuance of major land disturbance permits with the
Department of Public Works, the Department of Highways and Traffic
and the Metropolitan St. Louis Sewer District (MSD) and issue such
permits; and
4. Administer the determination, collection and release of site
development escrows required by this Code.
103.2 Department of Public Works: The Department
of Public Works shall have the authority and responsibility to perform
the following functions related to the enforcement of this Code:
1. Inspection of major land disturbance activities;
2. Inspection of land disturbance activities within or abutting
areas designated one hundred (100) year flood plain; and
3. Plan review, inspection and issuance of permits for ordinary
land disturbance activities relating to Best Management Practices
(BMP) to be utilized to control erosion and sedimentation from leaving
the site during construction and other land disturbance activities.
103.3 Department of Highways and Traffic: The
Department of Highways and Traffic shall have the authority and responsibility
to perform the following functions related to the enforcement of this
Code:
1. Plan review of major land disturbance activities;
2. Plan review and inspection of land disturbance activities
related to construction, repair, maintenance or condition of roadways
and roadway right-of-ways which are maintained by the County; and
3. Plan review of land disturbance activities within or abutting
areas designated one hundred (100) year flood plain.
103.4 Rule-making Authority: County departments
having enforcement authority and responsibilities described in Section
103 of this Code shall have the authority, as necessary in the interest
of public health, safety and general welfare, to adopt and promulgate
rules and regulations to interpret and implement the provisions of
this Code, in order to secure the intent thereof and to designate
requirements applicable because of local climatic or other conditions.
Such rules and regulations shall not have the effect of waiving requirements
specifically provided for in this Code or of violating accepted engineering
practices involving the purpose of this Code.
4.
SECTION 104.0 VIOLATIONS
104.1 Unlawful Acts: It shall be unlawful for
any person, firm or corporation to perform any land disturbance activities
or cause or allow same to be done in conflict with or in violation
of any of the provisions of this Code.
104.2 Notices of Violations: When the Department
of Public Works, the Department of Planning or the Department of Highways
and Traffic determines that a violation of this code exists, the respective
Director shall notify the violator. The notification shall be in writing
and shall be delivered to the violator or his/her legally authorized
representative or mailed to his/her last known address via first class
mail postage prepaid. Any person having been notified that a violation
exists and who fails to abate the violation within ten (10) days after
notification shall be subject to the penalties enumerated in Sections
104.4 and 104.4.1.
104.3 Prosecution of Violation: If the violator
does not abate the violation promptly, the Department of Public Works,
Department of Planning or the Department of Highways and Traffic shall
request the County Counselor to institute the appropriate proceeding
at law or in equity to restrain, correct or abate such violation.
104.4 Violation, Penalties: Any person, firm
or corporation who shall violate any provision of this Code or who
shall fail to comply with any of the requirements thereof or who shall
perform work in violation of the approved construction documents or
the Stormwater Pollution Prevention Plan or any directive of the Department
of Public Works, Department of Planning or the Department of Highways
and Traffic or of a permit or certificate issued under the provisions
of this Code or shall start any work requiring a permit without first
obtaining a permit therefore or who shall continue any work in or
about a structure after having been served a stop work order, except
for such work which that person, firm or corporation has been directed
to perform to remove a violation or unsafe conditions, or any owner
of a property or any other person who commits, takes part or assists
in any violation of this Code or who maintains any property on which
such violation shall exist shall be guilty of a misdemeanor, punishable
by a fine of not more than one thousand dollars ($1,000.00) or by
imprisonment not exceeding ninety (90) days or both such fine and
imprisonment. Each day that a violation continues shall be deemed
a separate offense.
104.4.1 No-Permit Penalty: In addition to the
penalties set out above, the following procedure shall be followed
where a County department identified in Section 103 determines that
work has been started prior to the acquisition of a permit required
by this Code:
1. The department shall issue a stop work order.
2. The department Director shall notify the violator of his/her
assessment regarding the appropriate penalty amount to be assessed
against the violator, which shall not exceed one thousand dollars
($1,000.00) for each day that work occurs without a permit. In making
the assessment, the department shall consider whether the violator
has previously violated this Code and whether the occupation or experience
of the violator indicates that he/she knew or should have known that
a permit was required. In no case will a no-permit penalty be assessed
against a property owner unless he/she actually performed the work
involved.
3. At the violator's option, he/she may deposit the assessed
penalty amount in escrow (certified check or cash only) with the department,
in which case the violator's right to a hearing will be preserved.
4. No-permit penalties are appealable to the Building Commission
in the same manner as other decisions of the department. The department
may revise its assessment upon notice to both the Building Commission
and the violator at any time prior to the hearing. Likewise, at any
time prior to the hearing, the violator may accept and pay the recommended
penalty amount and the hearing will be canceled.
5. At the hearing before the Building Commission, said Commission
shall afford both the department and the alleged violator an opportunity
to present any evidence or make any statements they wish to have considered.
6. Following the hearing the Building Commission shall determine
whether a permit was required:
a. If the Building Commission determines that a permit was required,
an appropriate penalty amount shall be assessed, taking into account
the same considerations as noted above. The stop work order shall
remain in full force and effect until such time as the penalty amount
is paid and the violator has complied with all other regulations pertaining
to the issuance of permits.
b. If the Building Commission determines that no permit was
required, the department shall immediately cancel the stop work order.
104.5 Abatement of Violation: The imposition
of the penalties herein prescribed shall not preclude the County Counselor
from instituting appropriate action to prevent unlawful construction
or to restrain, correct or abate a violation or to prevent illegal
use of a property or to stop an illegal act.
104.6 Permit Suspension or Revocation: When
a land disturbance activity is conducted in violation of the requirements
of this Code or the terms of the permit in such a manner as to materially
adversely affect the safety, health or welfare of persons or materially
be detrimental or injurious to property or improvements, the Department
of Public Works or the Department of Highways and Traffic may suspend
or revoke such permit.
104.7 Stop Work Order: Upon notice from the
Department of Public Works or the Department of Highways and Traffic
that work on any property is being prosecuted contrary to the provisions
of this Code or in an unsafe and dangerous manner, such work shall
be immediately stopped. The stop work order shall be in writing and
shall be given to the owner of the property involved or to the owner's
agent or to the person doing the work; and shall state the conditions
under which work will be permitted to resume.
104.7.1 Unlawful Continuance: Whenever the
Department of Public Works or the Department of Highways and Traffic
finds that any land disturbance activity is being prosecuted contrary
to the provisions of this Code or in an unsafe and dangerous manner,
the owner or the person performing such activity shall immediately
stop such activity. The stop work order shall be in writing and shall
be given to the owner of the property involved or to the owner's agent
or to the person doing the work; and shall state the conditions under
which work will be permitted to resume. Any person, who shall continue
any work in or about the property after having been served with a
stop work order, except such work as that person is directed to perform
to remove a violation or unsafe condition, shall be subject to penalties
as specified in Sections 104.4 or 104.4.1 of this Code.
5.
105.0 APPEALS
105.1 Application for Appeal: Any person shall
have the right to appeal a decision of the Department of Planning,
the Department of Public Works or the Department of Highways and Traffic
to the Building Commission. An application for appeal shall be based
on a claim that the intent of this Code or the rules
or regulations adopted thereunder have been incorrectly interpreted
or the provisions of this Code do not apply.
105.1.1 Filing Procedure: All appeals shall
be filed in writing with the Department of Public Works. All appeals
shall be filed within thirty (30) days after the decision to be appealed
is rendered by the departments identified in this Section.
105.1.2 Filing Fee: All appeals must be accompanied
by a fee in the amount specified in Chapter 1100, SLCRO 1974, as amended.
105.2 Notice of Meeting: The Commission shall
meet upon notice from the Chairman, within ten (10) days of the filing
of an appeal or at stated periodic meetings.
105.3 Open Hearing: All hearings before the
Commission shall be open to the public. The appellant, the appellant's
representative, the County Department(s) having enforcement authority
and responsibilities described in Section 103.0 of this Code and any
person whose interests are affected shall be given an opportunity
to be heard.
105.4 Procedure: The Commission shall adopt
and make available to the public through the secretary procedures
under which a hearing will be conducted. The procedures shall not
require compliance with strict rules of evidence but shall mandate
that only relevant information be received.
105.5 Commission Decision: Decisions by the
Commission to reverse or modify a decision by a department requires
a minimum vote of three members.
105.6.1 Resolution: The decision of the Commission
shall be in writing. Copies shall be furnished to the appellant and
to the County Department(s) having enforcement authority and responsibilities
described in Section 103.0 of this Code.
105.6.2 Administration: The applicable County
department identified in Section 105.1 of this Code shall take immediate
action in accordance with the decision of the Commission.
105.7 Court Review: A party adversely affected
by a decision of the Commission may appeal to an appropriate court
from such decision. Application for review shall be made in the manner
and time required by law following the filing of the decision.
6.
SECTION 106.0 LAND DISTURBANCE PERMITS REQUIRED
106.1 County Permit Required: Any person who
intends to conduct any Land Disturbance Activity must obtain a permit
prior to beginning the activity. The type of permit shall be as required
by Sections 106.1.1 or 106.1.2 in this Code.
Exception: Activities that do not require permits
under Section 106.3 of this code.
106.1.1 Major Land Disturbance Permit: No person
shall perform any major Land Disturbance Activity prior to receipt
of a major Land Disturbance Permit. Applications for major Land Disturbance
Permits shall be filed with the Department of Planning.
Exception: Activities that do not require permits
under Section 106.3 of this code.
106.1.2 Ordinary Land Disturbance Permit: No
person shall perform any ordinary Land Disturbance Activity prior
to receipt of an ordinary Land Disturbance Permit. Applications for
ordinary Land Disturbance Permits shall be filed with by the Department
of Public Works.
Exception: Activities that do not require permits
under Section 106.3 of this code.
106.1.2.1 County Building Permit and Related Ordinary
Land Disturbance Activities: The Department of Public Works
may include ordinary Land Disturbance Activities associated with the
construction of a building, structure or parking lot authorized by
a permit issued under the Building Code, as an integrated permit for
the proposed construction.
106.2 Limitation on Transfer of Land Disturbance Permits: Any person who buys land from a person who has been issued a Land
Disturbance Permit under Sections 106.1.1 or 106.1.2 of this Code
must obtain a separate Land Disturbance Permit from County.
Exceptions:
1. Major Land Disturbance Permits may be transferred to a new
land owner provided the original permit holder obtains the approval
of the Department of Planning to retain responsibility for the Land
Disturbance Activities on such property.
2. Ordinary Land Disturbance Permits may be transferred to a
new land owner provided the original permit holder obtains the approval
of the Department of Public Works to retain responsibility for the
Land Disturbance Activities on such property.
106.3 Exceptions - Land Disturbance Permits Not Required: Land
Disturbance Permits are not required for the activities identified
as items 1 and 8 in this Section, nor are such permits required for
the activities identified in items 2, 3, 4, 5, 6 and 7, provided the
activity does not alter, or cause to be altered, the present surface
of the ground: a) by any cut or fill at the property line; b) by any
cut or fill that would permanently divert one drainage area to another
drainage area; c) by any cut or fill which would deposit mud or harmful
silt or create erosion or damage to adjoining properties; or d) by
any cut or fill that would block or affect an existing swale or drainage
path in a manner to cause damming and ponding.
1. Any emergency activity that is immediately necessary for
the protection of life, property or natural resources.
2. Existing farming, nursery and agricultural operations conducted
as a permitted or accessory use.
3. Excavation or fill of less than thirty (30) cubic yards provided
the Land Disturbance Activity is for the improvement of the property.
Erosion and sediment control measures shall be provided, when necessary,
until grass or other vegetation is established or other approved means
of ground cover means are used.
4. Land Disturbance Activities associated with additions to
and accessory structures for one- and two-family dwellings.
5. Land Disturbance Activities less than two thousand (2,000)
square feet in area.
6. Removal of existing or dying grass or similar vegetation
by disturbing not more than ten thousand (10,000) square feet and
re-sodding or re-seeding with new landscaping to include preparation
of the seed bed; provided erosion and sediment control measures are
provided until the grass or other vegetation is established. Any cut
or fill in conjunction with the preparation of the seed bed shall
not exceed thirty (30) cubic yards.
7. Gardening and similar activities on property occupied by
one- or two-family dwellings.
8. Land Disturbance Activities by any public utility for the
installation, inspection, repair or replacement of any of its equipment
or for its collection or distribution lines or piping systems; provided
erosion and sediment control measures are provided until grass or
other vegetation is established or other approved ground cover means
are used. This exception does not apply to any Land Disturbance Activity
associated with work that requires a building permit.
106.4 State of Missouri Permits Required: The
permit applicant must obtain a Land Disturbance Permit from the State
of Missouri Department of Natural Resources for any site where one
(1) acre or more of land will be disturbed, before beginning any site
work authorized by a County permit. This requirement applies to sites
of less than one (1) acre that are part of a proposed development
that will ultimately disturb one (1) acre or more.
7.
SECTION 107.0 LAND DISTURBANCE PERMIT APPLICATIONS
107.1 Permit Applications: Applications for
Land Disturbance Permits required by this Code shall be in the form
prescribed by and accompanied by the site plans and documents determined
necessary by the County department responsible for issuing the permit.
Such applications shall include proof that proposed land uses have
received zoning approvals from the County or the municipality in which
the Land Disturbance Activities will occur.
107.2 Stormwater Pollution Prevention Plan Required
(SWPPP) for Major Land Disturbance Permits: All applications
for major Land Disturbance Permits shall be accompanied by a Stormwater
Pollution Prevention Plan, prepared for the specific site by or under
the direction of a qualified professional. The application shall contain
a statement that any land clearing, construction or development involving
the movement of earth shall be in accordance with the Stormwater Pollution
Prevention Plan and the applicant will assume and acknowledge responsibility
for compliance with this Code and the Stormwater Pollution Prevention
Plan at the site of the permitted activity.
107.3 Required Site Development Escrows for Major Land
Disturbance Permits: Applicants for major Land Disturbance
Permits shall file a site development escrow in the form of a letter
of credit or other improvement security in an amount deemed sufficient
by the Department of Planning to cover all costs of improvements,
landscaping and maintenance of improvements for such period as specified
by the Department of Planning. The site development escrow shall include
engineering and inspection costs sufficient to cover the cost of failure
or repair of improvements installed on the site.
107.3.1 Release of Escrows — Project Closure: Any site development escrow will not be fully released to the property
owner, site operator or permit holder until all of the following have
been completed:
1. All temporary stormwater control Best Management Practices
(BMPs) have been removed and the site has been fully stabilized.
2. All permanent stormwater control Best Management Practices
(BMPs) have been completed.
3. All final inspections/certifications have been completed
by each of the government jurisdictions involved in authorizing the
project.
8.
108.0 FEES
108.1 Issuance of Permits: Land Disturbance
Permits shall not be issued until the fees associated with the permit
are paid to the individual County Departments as specified in Sections
108.1.1 through 108.1.3 of this Code.
Exception: Individual County Departments may
defer all or parts of fees to a later stage of site development.
108.1.1 Department of Planning: Fees for the
activities of the Department of Planning related to Land Disturbance
Permits shall be in accordance with the fee rates set forth in Title
X SLCRO 1974 "Planning and Zoning", Chapter 1003 "Zoning Ordinance"
and Title X SLCRO 1974 "Planning and Zoning", Chapter 1005 "The Subdivision
Ordinance of St. Louis County".
108.1.2 Department of Highways and Traffic: Fees for the activities of the Department of Highways and Traffic
related to Land Disturbance Permits shall be in accordance with the
fee rates set forth in Title XI SLCRO 1974 "Public Works and Building
Regulations", Chapter 1105 "Department of Highways and Traffic".
108.1.3 Department of Public Works: Fees for
the activities of the Department of Public Works related to Land Disturbance
Permits shall be in accordance with the fee rates set forth in Title
XI SLCRO 1974 "Public Works and Building Regulations", Chapter 1100
"Code Enforcement Fee Schedules". In applying the Code Enforcement
Fee Schedule, the total estimated cost of Land Disturbance Activities
shall include applicable grubbing, site clearing, rough grading, sediment
and erosion control measures, excavating, backfill, final grading,
concrete flatwork, asphalt pavement and final landscaping. The Department
of Public Works may require a bona fide contract(s) or any affidavit
of the owner of the project, in which the applicant and owner verify
the total cost of the site improvements related to the permit. The
Department of Public Works is authorized to establish the fee by determining
the plan review cost and estimating the total number of inspections
required when, in the opinion of the Department of Public Works, the
fee resulting from this method more closely relates to the cost of
enforcing the requirements of this code.
9.
109.0 STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
109.1 Content — Stormwater Pollution Prevention
Plan (SWPPP): The design requirements in Chapter 2 of this
Code shall be complied with when developing the Stormwater Pollution
Prevention Plan and the plan shall include the following:
1) Name, address and telephone number of the site owner and
the name, address and telephone number of the individual who will
be in overall responsible charge of construction/development activities
at the site.
2) Site address or location description and parcel identification
number(s).
3) A site map showing the outlines of the total project area,
the areas to be disturbed, existing land uses, locations and names
of surface water bodies, locations of flood plains, locations of temporary
and permanent Best Management Practices (BMP) and such other information
as may be required by the County Department(s) having enforcement
authority and responsibilities described in Section 103.0 of this
Code.
4) Existing contours of the site and adjoining strips of off-site
property and proposed contours after completion of the proposed land
disturbance and development, based on United States Geological Survey
datum, with established elevations at buildings, walks, drives, street
and roads; and information on necessary clearing and grubbing, removal
of existing structures, excavating, filling, spreading and compacting.
5) A natural resources map identifying soils, forest cover and
resources protected under other provisions of County ordinances.
6) An estimate of the Runoff Coefficient of the site prior to
disturbance and the Runoff Coefficient after the construction addressed
in the permit application is completed.
7) Estimated quantity of land to be disturbed.
8) Details of the site drainage pattern both before and after
major Land Disturbance Activities.
9) Access to construction site.
10) Description of Best Management Practices (BMP) to be utilized
to control erosion and sedimentation during the period of land disturbance.
11) Description of Best Management Practices (BMP) to be utilized
to prevent other potential pollutants such as construction wastes,
toxic or hazardous substances, petroleum products, pesticides, herbicides,
site litter, sanitary wastes and other pollutants from entering the
natural drainage ways during the period of construction and land disturbance.
12) Description of Best Management Practices (BMP) that will
be installed during land disturbance to control pollutants in stormwater
discharges that will occur after Land Disturbance Activity has been
completed.
13) Location of temporary off-street parking and wash-down area
for related vehicles.
14) Sources of off-site borrow material or spoil sites and all
information relative to haul routes, trucks and equipment.
15) The anticipated sequence of construction and Land Disturbance
Activities, including installation of Best Management Practices (BMP),
removal of temporary Best Management Practices (BMP), stripping and
clearing; rough grading; construction utilities, infrastructure and
buildings; and final grading and landscaping. Sequencing shall identify
the expected date(s) on which clearing will begin, the estimated duration
of exposure of cleared areas, areas of clearing, installation of temporary
erosion and sediment control measures and establishment of permanent
vegetation.
16) All erosion and sediment control measures necessary to meet
the objectives of this Code throughout all phases of construction
and after completion of site development. Depending upon the complexity
of the project, the drafting of intermediate plans may be required
at the close of each season.
17) Seeding mixtures and rates, types of sod, method of seed
bed preparation, expected seeding dates, type and rate of lime and
fertilizer application and kind and quantity of mulching for both
temporary and permanent vegetative control measures.
18) Provisions for maintenance of control facilities, including
easements and estimates of the cost of maintenance.
19) Plans for responding to any loss of contained sediment to
include the immediate actions the permit holder will take in case
of a containment failure. This plan must include documentation of
actions and mandatory reporting to the Department of Public Works.
20) Schedules and procedures for routine inspections of any
structures provided to prevent pollution of stormwater or to remove
pollutants from stormwater and of the site in general to ensure all
Best Management Practices (BMP) are continually implemented and are
effective.
109.2 Required Plan Amendments — Stormwater Pollution
Prevention Plan (SWPPP): The permit holder shall amend the
Stormwater Pollution Prevention Plan whenever:
1. Design, operation or maintenance of Best Management Practices
(BMP) is changed;
2. Design of the construction project is changed that could
significantly affect the quality of the stormwater discharges;
3. Site operator's inspections indicate deficiencies in the
Stormwater Pollution Prevention Plan (SWPPP) or any Best Management
Practices (BMP);
4. Inspections by County or by the Missouri Department of Natural
Resources indicate deficiencies in the Stormwater Pollution Prevention
Plan (SWPPP) or any Best Management Practices (BMP);
5. The Stormwater Pollution Prevention Plan (SWPPP) is determined
to be ineffective in significantly minimizing or controlling erosion
or excessive sediment deposits in streams or lakes;
6. The Stormwater Pollution Prevention Plan (SWPPP) is determined
to be 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;
7. Total settleable solids from a stormwater outfall exceeds
0.5 ml/L/hr if the discharge is within the prescribed proximity of
a "Valuable Resource Water" as defined by the Missouri Department
of Natural Resources;
8. Total settleable solids from a stormwater outfall exceeds
2.5 ml/L/hr for any other outfall; or
9. The County or the Missouri Department of Natural Resources
determines violations of water quality standards may occur or have
occurred.
109.3 Permit Holder Responsibilities for Administration
of Stormwater Pollution Prevention Plan (SWPPP): The permit
holder shall:
1. Notify all contractors and other entities (including utility
crews, County employees or their agents) that will perform work at
the site of the existence of the Stormwater Pollution Prevention Plan
(SWPPP) and what actions or precautions shall be taken while on site
to minimize the potential for erosion and the potential for damaging
any Best Management Practices (BMP);
2. Determine the need for and establish training programs to
ensure that all site workers have been trained, at a minimum, in erosion
control, material handling and storage and housekeeping;
3. Provide copies of the Stormwater Pollution Prevention Plan
(SWPPP) to all parties who are responsible for installation, operation
or maintenance of any Best Management Practices (BMP); and
4. Maintain a current copy of the Stormwater Pollution Prevention
Plan (SWPPP) on the site at all times.
B.
1114.200 CHAPTER 2 — DESIGN REQUIREMENTS
1.
SECTION 201.0 GENERAL
201.1 Design: The design of erosion and settlement
controls required for Land Disturbance Activities shall comply with
the following minimum requirements:
1. Land disturbance, erosion and sediment control practices
and watercourse crossings shall be adequate to prevent transportation
of sediment from the site.
2. Materials brought to any site or property under a permit
issued under this Code, where said material is intended to be utilized
as fill material at the site for land disturbance, erosion or sediment
control, shall consist of clean uncontaminated earth, soil, dirt,
sand, rocks, gravel or masonry materials only.
3. Cut and fill slopes shall be no greater than 3:1 except as
approved by the Department of Public Works or the Department of Highways
and Traffic to meet other community or environmental objectives.
4. Clearing and grading of natural resources, such as forests
and wetlands, shall not be permitted, except when in compliance with
all other County ordinances.
5. Clearing techniques that retain existing vegetation to the
maximum extent practicable shall be used and the time period for disturbed
areas to be without vegetative cover shall be minimized to the extent
practical.
6. Clearing, except that necessary to establish sediment control
devices, shall not begin until all sediment control devices have been
installed and have been stabilized.
7. Phasing shall be required on all sites disturbing greater
than thirty (30) acres of land. The size of each phase will be established
by the Department of Planning at the time of plan review for the issuance
of a major Land Disturbance Permit.
201.2 Erosion Control Design: Erosion control
requirements shall include the following:
1. Soil stabilization shall be completed within five (5) days
of clearing or inactivity in construction.
2. If seeding or another vegetative erosion control method is
used, it shall become established within two (2) weeks or the site
shall be re-seeded or a non-vegetative option employed.
3. Techniques shall be employed to ensure stabilization on steep
slopes and in drainage ways.
4. Soil stockpiles must be stabilized or covered at the end
of each workday or perimeter controls must be in place to prevent
silt from the stockpile from leaving the site.
5. The entire site must be stabilized, using a heavy mulch layer
or another method that does not require germination to control erosion,
at the close of the construction season.
6. Techniques shall be employed to prevent the blowing of dust
or sediment from the site.
7. Techniques shall be employed to divert upland runoff past
disturbed slopes.
201.3 Sediment Control Design: Sediment control
requirements shall include:
1. Settling basins, sediment traps or tanks and perimeter controls.
2. Settling basins shall be provided for each drainage area
within ten (10) or more acres disturbed at one time and shall be sized
to contain one-half (0.5) inch of sediment from the drainage area
and be able to contain a 2-year, 24-hour storm. If the provision of
a basin of this size is impractical, other similarly effective Best
Management Practices (BMP), as evaluated and specified in the Stormwater
Pollution Prevention Plan (SWPPP), shall be provided.
3. Settling basins shall be designed in a manner that allows
adaptation to provide long-term stormwater management, as required
by the County Department(s) having enforcement authority and responsibilities
described in Section 103.0 of this Code.
4. Settling basins shall have stabilized spillways to minimize
the potential for erosion of the spillway or basin embankment.
5. Protection for adjacent properties by the use of a vegetated
buffer strip in combination with perimeter controls.
201.4 Watercourse Design: Watercourse protection
requirements shall include:
1. Encroachment into or crossings of active watercourses/riparian
areas and wetlands shall be avoided to the maximum extent practicable.
All County, State and Federal permits and approvals shall be obtained
by a permit holder prior to beginning work authorized by a County
Land Disturbance Permit.
2. Stabilization of any watercourse channels before, during
and after any in-channel work.
3. If a defined watercourse is to be re-aligned or re-configured,
clearing and grubbing activities within fifty (50) feet of the watercourse
shall not begin until all materials and equipment necessary to protect
the watercourse and complete the work are on site. Once started, work
shall be completed as soon as possible. Areas within fifty (50) feet
of the watercourse shall be re-contoured and re-vegetated, seeded
or otherwise protected within five (5) working days after Land Disturbance
Activities have ceased.
4. All stormwater conveyances shall be designed according to
the criteria of the St. Louis Metropolitan Sewer District (MSD) and
the necessary MSD permits obtained.
5. Stabilization adequate to prevent erosion shall be provided
at the outlets of all pipes and paved channels.
201.5 Construction Site Access Design: Construction
site access requirements for major Land Disturbance Activities shall
include:
1. A temporary access road provided at all land disturbance
sites including a wash down area supporting all active sites.
2. The Department of Highways and Traffic may require other
measures to ensure that construction vehicles do not track sediment
onto public streets or be washed with wash effluent channeled directly
into storm drains.
201.6 Control of Construction Materials and Waste: Control requirements for construction materials, construction wastes
and other wastes generated on site at land disturbance sites shall
include provisions satisfactory to the County Department(s) having
enforcement authority and responsibilities described in Section 103.0
of this Code for:
1. Spill prevention and control facilities for materials such
as paint, solvents, petroleum products, chemicals, toxic or hazardous
substances, substances regulated under the Resource Conservation and
Recovery Act (RCRA) or the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) and any wastes generated from the use of
such materials and substances, including their containers. Any containment
systems employed to meet this requirement shall be constructed of
materials compatible with the substances contained and shall be adequate
to protect both surface and ground water.
2. Collection and disposal of discarded building materials and
other construction site wastes, including those listed in Section
201.6.1 above.
3. Litter control.
4. Control of concrete truck washouts.
5. Assurance that on-site fueling facilities will adhere to
applicable Federal and State regulations concerning storage and dispensers.
6. Provision of sufficient temporary toilet facilities to serve
the number of workers on major Land Disturbance sites.
C.
1114.300 CHAPTER 3 — INSPECTIONS
1.
SECTION 301.0 GENERAL
301.1 Department of Public Works — General: The County Department(s) having enforcement authority and responsibilities
described in Section 103.0 of this Code shall make inspections as
herein required and shall either approve that portion of the work
completed or shall notify the permit holder wherein the work fails
to comply with the Land Disturbance, Erosion and Sediment Control
Plan as approved. Plans for land disturbance, stripping, excavating
and filling work bearing the stamp of approval of the County Department
issuing the permit shall be maintained at the site during the progress
of the work. To obtain inspections, a permit holder shall notify the
Department of Public Works at least two (2) working days before the
following:
1. Start of construction
2. Installation of sediment and erosion measures
3. Completion of site clearing
4. Completion of rough grading
5. Completion of final grading
6. Close of the construction season
7. Completion of final landscaping
Exception: Inspections conducted by the Department
of Highways and Traffic related to construction and maintenance of
County highways and roadways.
301.1.1 Extra Inspections: In addition to the
inspections otherwise required, the Department of Public Works is
authorized to perform and charge fees for extra inspections or re-inspections
which in their judgment are reasonably necessary due to non-compliance
with the requirements of this Code or work not ready or accessible
for inspection when requested.
301.2 Permit Holder Inspection and Report Responsibilities
— Major Land Disturbances: The holder of a major Land
Disturbance Permit or his/her agent shall cause regular inspections
of land disturbance sites, including all erosion and sediment and
other pollutant control measures, outfalls and off-site receiving
waters in accordance with the inspection schedule outlined in the
approved Stormwater Pollution Prevention Plan (SWPPP). Inspections
must be scheduled at least once per week and no later than seventy-two
(72) hours after heavy rain. The purpose of such inspections will
be to ensure proper installation, operation and maintenance of Best
Management Practices (BMP) and to determine the overall effectiveness
of the Stormwater Pollution Prevention Plan (SWPPP) and the need for
additional control measures. All inspections shall be documented in
written form on weekly reports with copies submitted to the Department
of Public Works at the time interval specified in the permit. Permit
holder inspection reports must include the following minimum information:
1. Inspector's name and signature;
2. Date of inspection;
3. Observations relative to the effectiveness of the Best Management
Practices (BMPs);
4. Actions taken or necessary to correct deficiencies; and
5. A listing of areas where land disturbance operations have
permanently or temporarily stopped.
The permit holder shall notify the site contractor(s) responsible
for any deficiencies identified so that deficiencies can be corrected
within seven (7) calendar days of the weekly inspection report.
301.2.1 Verification of Permit Holder's Reports: The Department of Public Works may make extra inspections as deemed
necessary to ensure the validity of the reports filed under Section
301.2 of this Code or to otherwise ensure proper installation, operation
and maintenance of Stormwater Best Management Practices (BMP) and
to determine the overall effectiveness of the Stormwater Pollution
Prevention Plan (SWPPP) and the need for additional control measures.
