[Ord. No. 1943, 11-16-2017]
This Chapter shall be known as "Erosion, Grading and Sediment
Control."
[Ord. No. 1943, 11-16-2017]
For the purposes of this Chapter, the following terms, phrases,
words, and their derivations shall have the meanings given herein.
Practices, procedures or a schedule of activities to reduce
the amount of sediment and other pollutants in storm water discharges
associated with construction and land disturbance activities.
The City of Woodson Terrace.
Any activity that removes the vegetative surface cover.
A parcel of land or a contiguous combination thereof, where
grading work is performed as part of a single unified plan of development.
Department of Public Works of the City of Woodson Terrace.
Any channel that conveys surface runoff through a site.
The wearing away of land surface through the action of wind
or water.
Any BMP that prevents or minimizes erosion.
Reshaping the ground surface through excavation and/or fill
of material, including the resulting conditions.
Any activity such as clearing, grading or any other action
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.
The Missouri Department of Natural Resources.
The Metropolitan St. Louis Sewer District.
A barrier that prevents sediment from leaving a site by filtering
sediment-laden runoff or diverting it to a sediment trap or basin.
Clearing a parcel of land in distinct phases, with the stabilization
of each phase substantially completed before the clearing of the next.
The fraction of total rainfall that will appear at the outfalls
from a site.
Any BMP that prevents eroded sediment from leaving a site.
A permit issued by the City authorizing disturbance of the
land at a specific site subject to conditions stated in the permit.
The use of BMPs that prevent exposed soil from eroding including
improvements and structures for the control of erosion, runoff, and
grading.
The first land disturbing activity associated with a development,
including land preparation such as clearing, grading, and filling;
installation of streets and walkways; excavation for basements, footings,
piers, or foundations; erection of temporary forms; and installation
of accessory buildings such as garages.
A management plan, the purpose of which is to ensure the
design, implementation, management and maintenance of BMPs in order
to reduce the amount of sediment and other pollutants in storm water
discharges associated with land disturbance activities, comply with
the standards of the City and ensure compliance with the terms and
conditions of the applicable State permits, including adherence to
the land disturbance program contained in Missouri State issued MS4
NPDES permit.
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.
[Ord. No. 1943, 11-16-2017]
A.
Any person who intends to conduct any land disturbance activity that
will disturb ten thousand (10,000) or more square feet or the City
Engineer determines that such activity may create an erosion, flooding
or sedimentation hazard must obtain a site disturbance permit from
the City of Woodson Terrace.
B.
Any person who buys a lot for construction from a person who has been issued a permit under Subsection (A) above (unless purchased for the purpose of building their own private residence) must obtain a separate site disturbance permit from the City of Woodson Terrace unless the original permittee retains responsibility for the land disturbance activities on the sold lot.
D.
Each permit application shall bear the name(s) and address(es) of
the owner or developer of the site, and of any consulting firm retained
by the applicant together with the name of the applicant's principal
contact at such firm and shall be accompanied by the required filing
fee.
E.
Each permit application shall be accompanied by a storm water pollution
prevention plan, prepared for the specific site by or under the direction
of a professional engineer or registered landscape architect registered
in the State of Missouri, and a statement that any land clearing,
construction, or development involving the movement of earth shall
be in accordance with the storm water pollution prevention plan.
F.
The permit applicant will be required to file with the City a faithful
performance bond, letter of credit, or other improvement security
acceptable to the City in an amount of one hundred ten percent (110%)
of the value of work as determined by the City Engineer to cover all
costs of improvements, landscaping, maintenance of improvements for
such period as specified by the City, and engineering and inspection
costs to cover the cost of failure or repair of improvements installed
on the site.
G.
The permit applicant will be required to obtain a land disturbance
permit issued by MDNR for any site where one (1) acre or more of land
will be disturbed, before beginning any site work authorized by a
City permit. This requirement applies to sites of less than one (1)
acre that are part of a larger common plan that will ultimately disturb
one (1) acre or more.
H.
The following fees shall be due for permits issued hereunder, based
on time involved in inspections:
1.
A one-time permit issue fee of one hundred dollars ($100.00);
2.
An annual grading inspection fee payable upon the issuance of
the permit and renewable each year thereafter in the initial and annual
renewal amounts per the following schedule based on the number of
aces comprising the area covered by the permit:
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Acreage
|
Fees
|
|---|---|
|
2 or less
|
$400.00
|
|
2.1 to 4
|
$500.00
|
|
4.1 to 6
|
$600.00
|
|
6.1 to 8
|
$700.00
|
|
More than 8 acres
|
$800.00
|
|
Permits are not transferable.
|
[Ord. No. 1943, 11-16-2017]
A.
The design requirements in this Code shall be taken into consideration
when developing the storm water 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.
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 temporary and permanent BMPs, and
such other information as the City Engineer may require.
4.
Existing contours at a minimum of two-foot intervals of the
site and at least fifty (50) feet onto the adjoining strips of off-site
property and proposed contours after completion of the proposed grading
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 Chapters of this Code.
6.
An estimate of the runoff coefficient of the site based on one
hundred percent (100%) perviousness and the runoff coefficient after
the construction addressed in the permit application is completed.
7.
Estimated grading, silt control, retaining walls, detention
basin outfall and sodding, revegetation, and other items of work related
to grading quantities.
8.
Details of the site drainage pattern both before and after major
grading activities, along with details of the site drainage system
that will be utilized during the grading operations. Calculations
shall be provided that will verify that the site drainage system has
been designed properly.
9.
Construction access to site.
10.
Description of BMPs to be utilized to control erosion and sedimentation
during the period of land disturbance.
11.
Description of BMPs 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 BMPs that will be installed during land disturbance
to control pollutants in storm water discharges that will occur after
land disturbance activity has been completed.
13.
Location of temporary off-street parking, vehicle wash down
area(s) and water sources for related vehicles.
14.
Sources of off-site borrow material or spoil sites, and all
information relative to haul routes, trucks and equipment. Approval
of the haul route from the agency having jurisdiction over the road(s)
along the haul route.
15.
The anticipated sequence of construction and land disturbance
activities, including installation of BMPs, removal of temporary BMPs,
stripping and clearing; rough grading; construction of 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 Chapter 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 seedbed
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. Off site areas shall be
restored with sod of like type as the existing sod.
18.
Provisions for maintenance of erosion, sediment and storm water
management control facilities during the site disturbance phase, 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 permittee will take in case of a containment
failure. This plan must include documentation of actions and mandatory
reporting to the Department of Public Works of the City of Woodson
Terrace.
20.
Schedules and procedures for routine inspections of any structures
provided to prevent pollution of storm water or to remove pollutants
from storm water and of the site in general to ensure all BMPs are
continually implemented and are effective.
B.
The permittee shall amend the storm water pollution prevention plan
whenever:
1.
Design, operation or maintenance of BMPs is changed;
2.
Design of the construction project is changed such that it could
significantly affect the quality of the storm water discharges;
3.
Site operator's inspections indicate deficiencies in the
SWPPP or any BMP;
4.
Inspections by the City or by MDNR indicate deficiencies in
the SWPPP or any BMP;
5.
The SWPPP is determined to be ineffective in significantly minimizing
or controlling erosion or excessive sediment deposits in streams or
lakes;
6.
The 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 storm water outfall exceeds 0.5
ml/L/hr if the discharge is within the prescribed proximity of a "Valuable
Resource Water" as defined by MDNR;
8.
Total settleable solids from a storm water outfall exceeds two
and five-tenths (2.5) ml/L/hr for any other outfall; or
9.
The City or MDNR determines violations of water quality standards
may occur or have occurred.
C.
The permittee shall:
1.
Notify all contractors and other entities (including utility
crews, City employees, or their agents) who will perform work at the
site, of the existence of the SWPPP and what actions or precautions
shall be taken while on site to minimize the potential for erosion
and the potential for damaging any BMP;
2.
Determine the need for and establish training programs to ensure
that all site workers have been trained, as a minimum, in erosion
control, material handling and storage, and housekeeping;
3.
Provide copies of the SWPPP to all parties who are responsible
for installation, operation or maintenance of any BMP; and
4.
Maintain a current copy of the SWPPP on the site at all times.
[Ord. No. 1943, 11-16-2017]
A.
Grading, erosion control practices, sediment control practices, and
water course crossings shall be adequate to prevent transportation
of sediment from the site to the satisfaction of the City Engineer
or his/her designee.
B.
Cut and fill slopes shall have a slope ratio of no greater than 3:1,
except as approved by the City Engineer to meet other community or
environmental objectives.
C.
Clearing and grading of natural resources, such as forests and wetlands,
shall not be permitted, except when in compliance with all other Chapters
of this Code.
D.
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, to the satisfaction of the City Engineer.
E.
Clearing, except that necessary to establish sediment control devices,
shall not begin until all sediment control devices have been installed
and have been stabilized.
F.
Phasing shall be required on all sites disturbing greater than five
(5) acres, with the size of each phase to be established at plan review
and as approved by the City Engineer.
G.
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 of installation or
the Department of Public Works may require the site to be reseeded
or a non-vegetative option employed.
3.
Specialized and approved 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.
H.
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 with
ten (10) or more acres disturbed at one time and shall be sized to
contain five-tenths (0.5) of an 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
BMPs, as evaluated and specified in the SWPPPP, shall be provided.
3.
Settling basins shall be designed in a manner that allows adaptation
to provide long-term storm water management, as required by the Department
of Public Works.
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.
I.
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.
Where applicable, all local, State and Federal permits and approvals
shall be provided to the Department of Public Works prior to the issuance
of a site 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 reconfigured,
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 recontoured and re-vegetated, seeded or
otherwise protected within five (5) working days after grading has
ceased.
4.
All storm water conveyances shall be designed according to the
criteria of 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.
J.
Construction site access requirements shall include:
1.
A temporary access road provided at all sites including a vehicle
wash-down area with an identified water source supporting all active
sites.
2.
Other measures required by Department of Public Works in order
to ensure that construction vehicles do not track sediment onto public
streets or are washed with wash effluent channeled directly into storm
drains.
K.
Control requirements for construction materials, construction wastes
and other wastes generated on site shall include provisions, satisfactory
to the Department of Public Works, 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 Subsection (K)(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 site.
[Ord. No. 1943, 11-16-2017]
A.
The Department of Public Works shall make inspections as hereinafter
required and either shall approve that portion of the work completed
or shall notify the permittee wherein the work fails to comply with
the grading, erosion control and sediment control plan as approved.
Plans for grading, stripping, excavating, and filling work bearing
the stamp of approval of the City Engineer shall be maintained at
the site during the progress of the work. To obtain inspections, the
permittee shall notify the Department of Public Works at least two
(2) working days before the following:
B.
The permittee or his/her agent shall make regular inspections of
the land disturbance site, 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 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 BMPs and to determine the overall effectiveness
of the 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 within six (6) days after
the heavy rain. The inspection reports are to include the following
minimum information:
1.
Inspector's name and signature;
2.
Date of inspection;
3.
Observations relative to the effectiveness of the BMPs;
4.
Actions taken or necessary to correct deficiencies; and
5.
A listing of areas where land disturbance operations have permanently
or temporarily stopped.
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In addition, the permittee shall notify the site contractor(s)
responsible for any deficiencies identified so that deficiencies can
be corrected within seven (7) calendar days of the inspection report.
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C.
The Department of Public Works shall make inspections as deemed necessary to ensure the validity of the reports filed under Subsection (B) or to otherwise ensure proper installation, operation and maintenance of storm water BMPs and to determine the overall effectiveness of the SWPPP and the need for additional control measures.
[Ord. No. 1943, 11-16-2017]
A.
Stop-Work Order; Revocation Of Permit. In the event that any person
holding a site disturbance permit pursuant to this Code violates the
terms of the permit or implements site development in such a manner
as to materially adversely affect the health, welfare, or safety of
persons residing or working in the neighborhood or development site
so as to be materially detrimental to the public welfare or injurious
to property or improvements in the neighborhood, the City Engineer
may suspend or revoke the site disturbance permit.
B.
Violation And Penalties. No person shall construct, enlarge, alter,
repair, or maintain any grading, excavation, or fill, or cause the
same to be done, contrary to or in violation of any terms of this
Code. Any person violating any of the provisions of this Code shall
be deemed guilty of an ordinance violation and each day during which
any violation of any of the provisions of this Chapter is committed,
continued, or permitted, shall constitute a separate offense. Upon
conviction of any such violation, such person, partnership, or corporation
shall be punished by a fine of not more than one thousand dollars
($1,000.00) for each offense. In addition to any other penalty authorized
by this Code, any person, partnership, or corporation convicted of
violating any of the provisions of this Code shall be required to
bear the expense of such restoration.
C.
Project Closure Requirements. Any site development escrows or bonds
will be not be fully released to the site operator or permittee until
all of the following have been completed:
1.
All temporary storm water control BMPs have been removed and
the site has been fully stabilized.
2.
All permanent storm water control BMPs have been completed.
3.
All final inspections/certifications have been completed by
each of the government jurisdictions involved in authorizing the project.
4.
All on-site and off-site disturbed areas have been revegetated
whereas the City Engineer has determined that erosion is no longer
a concern.
