[Ord. No. 225 §6(6.1), 10-19-2005]
A. Purpose. The purpose of these regulations is to control
soil erosion on land that is undergoing development for non-agricultural
uses and to preserve the natural terrain and waterways of land within
the City limits. Soil erosion scars the land and creates sediment
that clogs storm sewers and road ditches, chokes streams and creates
silt lakes, all of which pose a threat to public health and safety.
The provisions in these regulations are intended to provide a natural
community environment, to prevent soil erosion and to reduce costly
repairs to gullies, washed out fills, water quality issues in the
water conveyance systems, roads and embankments. Application of the
regulations in this document will effectively control soil erosion
and sedimentation.
B. Scope Of Authority. Any person, firm, corporation, business
proposing to develop land within the City of New Melle shall apply
to the City Engineer for approval of required erosion control plans
and issuance of a grading permit as specified in this regulation.
C. Performance Guarantee. Upon approval of the required erosion
control plan and prior to the issuance of a grading permit, the City
Engineer shall require the developer to post an escrow agreement,
lender's agreement or certified check in the amount of the cost of
all work to be done under the erosion control plan. Ninety percent
(90%) of the funds may be released after all erosion control measures
are in place and approved by the City Engineer. Ten percent (10%)
will be held until the public improvements are accepted by the City
and any outside agency to insure that the erosion control measures
are maintained. If there are no public improvements (site plans),
the final ten percent (10%) will be held until released by the City
Engineer.
[Ord. No. 225 §6(6.2), 10-19-2005]
A. Required Erosion And Sedimentation Control Plan Content. Grading plans, site plans, preliminary plat of subdivision or the
subdivision improvement plans for grading land areas ten thousand
(10,000) square feet or more shall include the following additional
information:
1. Erosion and sediment control plans submitted to the City Engineer
shall include two (2) sets of maps and plans with specifications showing
proposed excavation, grading or filling and shall include the following:
a. Engineer's name, mailing address, telephone number, fax number, e-mail
address and contact name.
b. Owner and/or developer's name, mailing address, telephone number,
fax number, e-mail address and contact names.
c. Designation of property address and a location map.
d. Accurate location of property relative to an intersection.
e. Portion of the property that is to be excavated, graded or filled
with excavated material.
f. Location of any sewerage disposal system or underground utility line,
any part of which is within fifty (50) feet of the proposed excavation,
grading or filling area and the location of any pipeline operated
at a maximum service pressure in excess of two hundred (200) p.s.i.g.,
any part of which is within one hundred (100) feet of the proposed
excavation, grading or filling area.
g. Existing grade and topography of the premises and the proposed finished
grade and final contour elevation at a contour interval of not more
than two (2) feet on the United States Geological Survey datum.
h. Location and present status of any previous permitted grading operations
on the property.
i. Details of any temporary drainage system proposed to be installed
and maintained by the applicant and a comprehensive drainage plan
designed to safely handle surface water, streams or other natural
drains following heavy rains during grading operations to include
existing and proposed on-site and off-site drainage area maps.
j. Details of proposed water impoundment structures, embankments, sediment
or debris basins, grass or lined waterways and diversion with the
details and locations of proposed stable outlets and the location
of any downstream impoundments which could be affected by the proposed
grading.
k. Details of soil preparation and revegetation of the finished grade
and of other methods of soil erosion control.
l. Proposed truck and equipment access ways to the work site.
m. Delineation of the 100-year floodplain and floodway.
n. A statement from the property owner or his/her agent assuming full
responsibility for the performance of the operation as stated in the
application. This statement shall also contain assurance that all
City property and/or roads will be adequately protected.
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The proposed phasing of development of the site, including clearing,
rough grading and construction and final grading and landscaping.
Phasing should identify the expected date on which clearing will begin,
the estimated duration of exposure of cleared areas and the sequence
of clearing, installation of temporary sediment control measures,
installation of storm drainage, paving streets and parking areas and
establishment of temporary and permanent vegetative cover. The City
Engineer may waive specific requirements for the content of submissions
upon finding that the information submitted is sufficient to show
that the work will comply with the objective and principles of these
regulations.
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2. NPDES permit. The applicant must also apply for
the Missouri Department of Natural Resources (MDNR) land disturbance
permit. A copy of the MDNR application must be included with this
submittal and a copy of the MDNR permit must also be submitted to
the City when obtained.
3. Sediment and erosion control plan approval. The
sediment and erosion control plan must define the measures to be taken
to meet erosion control principles and standards as defined in these
regulations. The plan must assure that the sediment is not transported
from the site by a storm event of twenty-five (25) year (frequency)
twenty (20) minute (inlet time) or less.
When a plan is submitted, the City Engineer may make comments
and recommendations. All such comments and recommendations shall be
made within twenty-one (21) days of receipt. Such comments may pertain,
but need not be limited to:
a. Erosion and sedimentation control.
c. Environmental considerations.
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All plans and specifications submitted for review and/or approval
shall be prepared by or under the direct supervision of a registered
professional engineer in the State of Missouri and shall be dated
and bear his/her original seal and signature.
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4. Principles and standards. All excavations, grading
or filling shall have a finished grade not to exceed a 3:1 slope (thirty-three
percent (33%)). Steeper grades may be approved by the City Engineer
if the excavation is through rock or if the excavation or the fill
is adequately protected (a designed head wall or toe wall my be required).
Turf reinforced mattresses (TRM), rock slopes and other Best Management
Practices (BMPs) could be utilized for slopes in excess of 3:1, but
should be approved by a qualified geotechnical engineer hired by the
developer and approved by the City prior to and/or during installation
and they should be listed for concurrence, prior to installation.
Retaining walls that exceed a height of forty-two (42) inches shall
require the construction of safety guards as identified in the appropriate
Sections(s) of the adopted Building Codes and must be approved by
the City Building Department. Permanent safety guards shall be constructed
in accordance with the appropriate Sections(s) of the adopted Building
Codes (latest edition). Also, the following water quality issues as
a reference can be used: Protecting Water Quality - A field guide
to erosion, sediment and stormwater best management practices for
development sites in Missouri. Publication of this manual was funded
in part by the Missouri Department of Natural Resource and administered
by the Water Pollution Control Program, Division of Environmental
Quality under an EPA 319 grant. It is a very user-friendly manual,
illustrated with both diagrams and photographs. It is available from
MDNR in PDF format at: http://www.dnr.state.mo.us./deq/wpcp/wpcp-guide.htm
5. Sediment and erosion control plans for sites that exceed ten thousand
(10,000) square feet of grading shall provide Best Management Practices
(BMPs) for land disturbance. BMPs are a schedule of activities, practices
or procedures that reduce the amount of soil available for transport
or a device that reduces the amount of suspended solids in run-off
before discharge to waters of the State. Types of BMPs from stormwater
control include, but are not limited to:
a. State-approved standard specifications and permit programs;
b. Employee training in erosion control, material handling and storage
and housekeeping for maintenance areas;
c. Site preparation such as grading, surface roughening, top soiling,
tree preservation and protection and temporary construction entrances;
d. Surface stabilization such as temporary seeding, permanent seeding,
mulching, sodding, ground cover including vines and shrubs, riprap
and geotextile fabric. Mulches may be hay, straw, fiber mats, netting,
wood cellulose, corn or tobacco stalks, bark, corn cobs, wood chips
or other suitable material which is reasonably clean and free of noxious
weeds and deleterious materials. Grasses used for temporary seeding
shall be a quick growing species such as rye grass, Italian rye grass
or cereal grasses suitable to the area and which will not compete
with the grasses sown later for permanent cover.
e. Run-off control measures such as temporary diversion dikes or berms,
permanent diversion dikes or berms, right-of-way or perimeter diversion
devices and retention and detention basins; and sediment traps and
barriers, sediment basins, sediment (silt) fence and staked straw
bale barriers;
f. Run-off conveyance measures such as grass-lined channels, riprap
and paved channels, temporary slope drains, paved flumes or chutes
and slope drains may be constructed of pipe, fiber mats, rubble, Portland
cement concrete, plastic sheets or other materials that adequately
will control erosion;
g. Inlet and outlet protection;
h. Streambank protection such as a vegetative greenbelt between the
land disturbance and the watercourse. Also, structural protection
which stabilizes the stream channel;
i. A critical path method analysis or a schedule for performing erosion
control measures; and
j. Other proven methods for controlling run-off and sedimentation;
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The BMP design is to be approved by the City Engineer. Temporary siltation control measures (structural) shall be maintained until seventy-five percent (75%) vegetative cover of area disturbed is established at a sufficient density to provide erosion control on the site, to be determined by the City Engineer. (Refer to Appendix A to this Chapter 410.)
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Where natural vegetation is removed during grading, vegetation shall be re-established in such a density, seventy-five percent (75%) vegetative cover of area disturbed, as to prevent erosion. Permanent type grasses shall be established as soon as possible or during the next seeding period after grading has been completed. (Refer to Appendix A to this Chapter 410.)
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When grading operations are completed or suspended for more than thirty (30) days, permanent grass must be established at sufficient density, fifty percent (50%) to seventy-five percent (75%) vegetative cover, to provide erosion control on the site. Between permanent grass seeding periods, temporary cover shall be provided according to the City Engineer's recommendations. (Refer to Appendix A to this Chapter 410.)
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All finished grades (areas not to be disturbed by future improvement) in excess of twenty percent (20%) slopes (5:1) shall be mulched and tacked as prescribed in Appendix A to this Chapter 410.
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Provisions shall be made to accommodate the increased run-off caused by changed soil and surface conditions during and after grading. Unvegetated open channels shall be designed so that gradients result in velocities of two (2) fps (feet per second) or less. Open channels with velocities more than two (2) fps and less than five (5) fps shall be established in permanent vegetation by use of commercial erosion control blankets or lined with rock riprap or concrete or other suitable materials as approved by the City Engineer. Detention basins, diversions or other appropriate structures shall be constructed to prevent velocities above five (5) fps. (Refer to Figures 1 through 21 which are at the end of this Chapter 410.)
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The adjoining ground to development sites (lots) shall be provided with protection from accelerated and increased surface water, silt from erosion and any other consequences of erosion. Run-off water from developed areas (parking lots, paved sites and buildings) above the area to be developed shall be directed to diversions, detention basins, concrete gutters and/or underground outlet systems. Sufficiently anchored straw bales may be temporarily substituted with the approval of the City Engineer. (Refer to Figures 1 through 21 which are at the end of this Chapter 410.)
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Development along natural watercourses shall have residential
lot lines, commercial or industrial improvements, parking areas or
driveways set back a minimum of twenty-five (25) feet from the top
of the existing stream bank. The watercourse shall be maintained and
made the responsibility of the subdivision trustees or, in the case
of a site plan, by the property owner.
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Permanent vegetation shall be left intact. Variances will include
designed streambank erosion control measures and shall be approved
by the City Engineer. FEMA and U.S. Army Corps of Engineers guidelines
shall be followed, where applicable, regarding site development areas
designated as floodplains and wetlands.
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All lots shall be seeded and mulched at the rates defined in Appendix A to this Chapter 410, or sodded before an occupancy permit shall be issued, except that a temporary occupancy permit may be issued by the Building Department in cases of undue hardship because of unfavorable ground conditions.
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All erosion and sediment control facilities shall be inspected
following each rainstorm causing significant run-off or being of sufficient
intensity or duration as to stop construction or grading progress.
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6. As a result of such inspections or any time the following are found:
a. Excess sediment has accumulated in silt control devices,
b. Sediment or erosion control devices have been damaged,
c. Obvious gullies or sediment deposits have formed on the downstream
side of control devices, or
d. Sediment has been carried beyond the working site,
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the devices shall be cleaned of sediment, repaired if damaged
and restored to serviceable conditions.
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[Ord. No. 225 §6(6.3), 10-19-2005]
A. Inspections. By applying for a grading permit, the applicant
consents to the City inspecting the proposed development site and
all work in progress.
B. Corrections. All violations shall be corrected within the
time limit set forth by the City Engineer specified in the issuance
of a written notice to correct. All persons failing to comply with
such notice shall be deemed in violation of these regulations.
1. Violations. In the event of a violation, the performance
guarantee proceeds shall be used by the City to complete the planned
sediment and erosion control practices.
2. Penalties. Any person violating any provision of
these regulations and found guilty of such violation shall be punished
as provided for, all violations adjudicated in Municipal Court.
3. Appeals. Any persons denied a grading permit as
herein stated shall have the right to appeal such denial according
to the variance procedure as described in the zoning ordinance within
thirty (30) days of the date of such denial.
[Ord. No. 225 §6(6.4), 10-19-2005]
For the purposes of this regulation, the following words and
phrases shall have the meanings respectively ascribed to them by this
Section.
BUILDING CODES
Refers to the currently adopted Building Code; please note
these regulations are designed to be used with the adopted Building
Codes as a reference for minimum performance standards.
BEST MANAGEMENT PRACTICES (BMP'S)
Schedule of activities, prohibitions of practices, maintenance
procedures and other management practices to prevent or reduce the
pollution of waters of the State. BMPs also include treatment requirements,
operating procedures and practices to control plant site run-off,
spillage or leaks, sludge or waste disposal or drainage from raw material
storage. Both structural and non-structural measures to control, treat
or prevent stormwater run-off pollution within waters of the State.
Structural is engineered devices and non-structural includes, but
is not limited to, alternative site design ordinance and zoning, education
and good housekeeping measures.
DEBRIS OR SEDIMENT BASIN
A barrier or dam built across a waterway or at other suitable
locations to retain rock, sand, gravel, silt or other materials.
DIVERSION
A channel with or without a supporting ridge on the lower
side constructed across or at the bottom of a slope.
EROSION
The wearing away of the land surface by the action of wind,
water or gravity.
EXCAVATION or CUT
The removal, stripping or disturbance of soil, earth, sand,
rock, gravel or other similar substances from the ground.
EXISTING GRADE
The vertical location of the existing ground surface prior
to excavations or filling.
FEMA
Federal Emergency Management Agency.
FILL or FILLING
The placing of any soil, earth, sand, rock, gravel or other
substance on the ground.
FINISHED GRADE
The final grade or elevations of the ground surface conforming
to the proposed design.
GRADING
Any excavation or filling or combination thereof.
NATURAL WATERCOURSE
A channel formed in the existing surface topography of the
earth prior to changes made by unnatural conditions.
OPEN CHANNEL
A constructed ditch or channel designed for water flow.
SEDIMENT
Solid material, mineral or organic, that has been moved by
erosion and deposited in a location other than the point of origin.
SILT TRAPS OR FILTERS
Staked bales or silt fencing systems that function as a filter
and a velocity check to trap fine-grained sediment while allowing
satisfactory passage for stormwater run-off.
SITE
A lot or parcel of land, or a contiguous combination thereof,
where grading work is performed as a single unified operation.
STREAMBANK, TOP OF EXISTING
The usual boundaries, not the flood boundaries, of a stream
channel. The top of the natural incline bordering a stream.