[Ord. No. 4438, 2-19-2018[1]]
A.
The
purpose of this Chapter is to promote the public health, safety and
general welfare; to lessen or avoid hazards to persons and property
caused by uncontrolled stormwater runoff or by obstructions to drainage;
to lessen the degradation of the quality of surface runoff; to control
soil erosion on land that is undergoing development for non-agricultural
uses; to facilitate adequate and coordinated provision for stormwater;
and to preserve natural terrain and waterways within the City of Berkeley.
B.
This
Chapter establishes administrative, implementation and enforcement
procedures for the protection and enhancement of the water quality
of watercourses, water bodies and wetlands by controlling erosion,
sedimentation and related environmental damage caused by land disturbing
activities and by prohibiting illicit discharges.
[Ord. No. 4438, 2-19-2018]
The objectives of this Chapter are to comply with all applicable
State and Federal requirements for clean water, including limitations
on the discharge of pollutants as set forth in the EPA's National
Pollution Discharge Elimination System (NPDES) Phase II regulations;
control the discharge of pollutants into State waters by establishing
standards for erosion prevention and sediment reduction, prohibiting
illicit discharges and prohibiting littering in any waters within
the City; and maintain efficient control of stormwater flow through
Berkeley such that flooding and erosion problems are kept to a minimum.
[Ord. No. 4438, 2-19-2018]
This Chapter is applicable to any impacts on stormwater and
its conveyances in the City of Berkeley. This applies to control of
runoff, erosion control activities, land disturbance activities, any
discharges into the municipal separate storm sewer system (MS4), any
substances placed or dumped into the MS4, all bodies of water and
obstructions of any stream, creek, ditch, canal or rain and stormwater
drainage facility which blocks, hinders, diverts, dams, changes or
prevents the natural flow of rain and stormwater.
[Ord. No. 4438, 2-19-2018]
For the purposes of this Chapter, the following definitions
shall apply in the interpretation and enforcement thereof:
A negative impact on land, water and associated resources
resulting from a land disturbing activity. The negative impact includes
increased risk of flooding, degradation of water quality, increased
off-site sedimentation, reduced ground water recharge, adverse effects
on aquatic organisms, wildlife and other resources and threats to
public health.
The person responsible for the land disturbing activity who
executes the necessary forms to obtain approval or a permit for a
land disturbing activity subject to this Chapter.
Management procedures, schedules of activities, prohibitions
on practices, specific controls and other management practices which
have been demonstrated to effectively control the quality and/or quantity
of stormwater runoff and which are compatible with the planned land
use.
Any number of deliberate actions taken by the developer,
contractor, operator or other responsible party that, taken together,
reasonably indicate a site is no longer active, including, but not
limited to, removal of equipment and machinery or failure to maintain
perimeter erosion prevention/sediment controls.
The indiscriminate removal of trees, vegetation, shrubs and/or
undergrowth from a site with the intent to prepare real property for
non-agricultural use, but shall not include grubbing, scalping and
other significant soil disturbance. In addition, clearing shall not
include the selective removal of non-native trees or diseased or dead
trees or normal moving operations.
A parcel of land, or a contiguous combination thereof, where
grading work is performed as part of a single unified plan of development.
A person who contracts with the owner, developer or another
contractor to undertake any or all the land disturbing activities
covered by this Chapter. This definition encompasses subcontractors.
A barrier or dam built across a waterway, excluding waters
of the State or at other suitable locations to retain rock, sand,
gravel, silt or other materials.
A finding or declaration by the Public Works Director that
the applicant or other responsible party has not completed the improvements
or repairs within the specified time and the potential for harm, inconvenience
or annoyance to others exists. These findings may be made if required
temporary or permanent improvements or control measures have not been
installed or maintained properly; the required vegetation and restoration
of a site have not been completed as required; or damages to streets,
curbs, sidewalks, trees, landscaping or any public facilities have
occurred and repairs have not been completed as required.
Permanent stormwater management structure whose primary purpose
is to temporarily store stormwater runoff and release the stored runoff
at controlled rates.
A person undertaking, or for whose benefit, any or all the
activities covered by this Chapter are commenced or carried out.
A channel with or without a supporting ridge on the lower
side constructed across or at the bottom of a slope.
Any channel that conveys surface runoff through a site.
Environmental Protection Agency.
The wearing away of the land surface by the action of wind,
water, gravity or any combination of those forces.
The control of solid material, both mineral and organic,
during a land disturbing activity to prevent its transport out of
the disturbed area by means of air, water, gravity or ice.
The removal, stripping or disturbance of soil, earth, sand,
rock, gravel or other similar substances from the ground.
Those land disturbing activities that are not subject to
the sediment and stormwater requirements contained in these regulations.
The vertical location of the existing ground surface prior
to excavation or filling.
The placing of any soil, earth, sand, rock, gravel or other
substance on the ground.
The final grade or elevation of the ground surface conforming
to the proposed design.
Any excavation or filling, or combination thereof.
It shall include, but shall not be limited to, the banks
and beds of any river or waterway.
Any discharge to an MS4 that is not composed entirely of
stormwater with some exceptions as listed herein.
The passage or movement of water through the soil profile.
A person who, under the direction of the Public Works Director
or designee, reviews any land disturbing activity for compliance with
this Chapter and any duly issued Site Disturbance Permit.
All construction, reconstruction, modification, extension
or expansion of buildings or structures or parking areas, placement
of fill, dumping, storage of materials, land excavation, land clearing,
clear-cutting, tree and vegetation removal, grubbing, bush hogging
or any similar activity or combination thereof. This definition includes
all land disturbing activity undertaken as part of a larger, common
plan of development or sale.
A person registered as a professional engineer in the State
of Missouri by the Missouri Board of Architects, Professional Engineers
and Land Surveyors.
Missouri Department of Natural Resources.
A conveyance or system of conveyances (including roads with
drainage systems and municipal streets) that is owned or operated
by the City of Berkeley or the St. Louis Metropolitan Sewer District
and is designed or used for collecting or conveying stormwater and
which is not a combined sewer and which is not part of a publicly
owned treatment works.
A person, firm or governmental agency holding legal title
or in possession or control of the land who indirectly or directly
allows the land disturbing activity or benefits from it.
A barrier that prevents sediment from leaving a site by filtering
sediment-laden runoff or diverting it to a sediment trap or basin.
The establishment of an average of seventy percent (70%)
permanent vegetative cover per sampling of one (1) square inch of
seeded areas.
Any individual, firm, partnership, joint venture, association,
club, fraternal organization, corporation, estate, trust, receiver,
organization, syndicate, City, County, municipality, district or other
political subdivision or any other group or combination acting as
a unit and any agency or instrumentality thereof.
The person holding legal title to the land upon which the
land disturbing activity will take place; the person in possession
or control of the land or who directly allows the land disturbing
activity or benefits from it; or any other person, including, but
not limited to, a developer or contractor, who has or represents having
financial or operational control over the land disturbing activity.
Clearing a parcel of land in distinct phases, with the stabilization
of each phase substantially completed before the clearing of the next.
The conditions which exist following the completion of the
land disturbing activity in terms of topography, vegetation, land
use and rate, volume or direction of stormwater runoff.
The conditions which existed prior to the initiation of the
land disturbing activity in terms of topography, vegetation, land
use and rate, volume or direction of stormwater runoff.
A person responsible for the land disturbing activity.
The Public Works Director for the City or the Public Works
Director's authorized designee.
Permanent stormwater management structure whose primary purpose
is to permanently store a given volume of stormwater runoff. Release
of the given volume is by infiltration and/or evaporation.
The fraction of total rainfall that will appear at the outfalls
from a site.
A solid particulate matter, both mineral and organic, that
has been or is being transported by water, air, ice or gravity from
its site of origin.
A plan that accurately depicts existing and proposed excavation,
grading and filling along with the design, implementation, management
and maintenance of BMPs in order to reduce the amount of sediment
and other pollutants in stormwater discharges associated with land
disturbance activities and shall comply with the Missouri Water Quality
Standards and ensure compliance with the terms and conditions of the
NPDES.
A permit issued by the municipality 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.
An order directing the person responsible for the land disturbing
activity to cease and desist all or any portion of the work which
violates the provisions of this Chapter.
The direct response of a watershed to precipitation and includes
the surface and subsurface runoff that enters a ditch, stream, storm
sewer or other concentrated flow during and following the precipitation.
A stone base designed to provide a buffer area where construction
vehicles can drop their mud to avoid transporting it onto public roads.
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. 4438, 2-19-2018]
Inclusion of other City ordinances/codes regulating stormwater management, erosion prevention and sediment reduction. The following ordinances or Code Sections are hereby included by reference: Ch. 500, International Codes, as adopted; Offenses and Nuisances, Ch. 215; Swimming Pools, Ch. 225; Subdivision Regulations, Ch. 400; Floodplain Management, Ch. 410; Excavations, Ch. 500; Streets, Sidewalks and Public Works, Ch. 405; Sidewalk and Driveway Entrance Construction and Repair, Ch. 405; and Ch. 400, the Zoning Ordinance. All other current and future ordinances regulating stormwater management, erosion prevention and sediment reduction are hereby included.
[Ord. No. 4438, 2-19-2018]
A.
Unless
otherwise provided within this Chapter, the surface of land in the
City of Berkeley shall not be disturbed or altered for any purpose
whatsoever, except in accordance with a duly issued Site Disturbance
Permit.
B.
Any
person who buys a lot for construction from a person who has been
issued a site disturbance permit through the City of Berkeley (unless
purchased for the purpose of building their own private residence)
must obtain a separate site disturbance permit unless the original
permittee retains responsibility for the land disturbance activities
on the sold lot.
C.
A Site
Disturbance Permit shall not be required for the following classes
of land disturbance activities provided that no change in drainage
patterns onto adjacent properties will occur:
1.
Land disturbances less than or equal to three thousand (3,000) square
feet. In those cases, the land disturbance activity is required to
comply with the City's adopted standards and the person shall install
erosion and sediment control measures.
2.
Land disturbance for residential purposes on lots of three-fourths
(¾) an acre or less containing a single-family residence for
which an occupancy permit has been issued. The City reserves the right
to require the owner to comply with the City's adopted standards and
have the owner install erosion and sediment control measures.
3.
Land disturbance for residential purposes on lots of three-fourths
(¾) an acre or less consisting of the construction of any building,
structure or swimming pool which are separately built and not part
of multiple construction in a subdivision development and for which
a building permit has been duly issued. The City reserves the right
to require the owner to comply with the City's adopted standards and
have the owner install erosion and sediment control measures.
4.
Land disturbance activities by City departments. In those cases,
the department is required to comply with the requirements of the
City's adopted standards and the City's Building Code.
5.
Farming. The provisions in this Chapter shall not be construed as
prohibiting or limiting the lawful use of land for farming, nurseries
or gardening or similar agricultural or horticultural use whenever
there is substantial compliance with recommendations or standards
of the local soil conservation authority.
6.
Work to correct or remedy emergencies as long as said work is brought
into agreement with this Chapter within the following six (6) months.
This includes situations that pose an immediate danger to life or
property, natural resources or substantial flood or fire hazards.
D.
Each
permit application shall be made by the owner or his/her authorized
agent and shall be submitted to the Public Works Director on forms
provided by the City. The application shall include the name, address
and contact information of the owner, contractor and engineer of the
site along with a detailed statement of proposed work and the purpose
thereof and why the land disturbance is clearly incidental to the
improvement of the property.
E.
Each
permit application shall be accompanied by a fee as specified in this
Chapter.
F.
Each
permit application shall be accompanied by a Site Disturbance and
Stormwater Pollution Prevention Plan as specified in this Chapter.
G.
For
all land disturbing activities requiring a Site Disturbance Permit
under this Chapter, the applicant or other responsible party shall
post a performance bond and with surety approved by the Public Works
Director as specified in this Chapter.
H.
The
permit applicant will be required to obtain a land disturbance permit
issued by the 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 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.
I.
The
applicant shall acquire any applicable local, County, State or Federal
permits and/or approvals.
[Ord. No. 4438, 2-19-2018]
A.
The
design standards and specifications in this Chapter shall be taken
into consideration when developing the Site Disturbance and Stormwater
Pollution Prevention Plan. Such plan shall consist of three (3) sets
of maps, plans and specifications showing proposed excavation, grading
and filling along with the design, implementation, management and
maintenance of BMPs in order to reduce the amount of sediment and
other pollutants in stormwater discharges associated with site disturbance
activities. Such plans shall be prepared by and shall bear the seal
of a licensed engineer registered in the State of Missouri. All such
plans shall be submitted on twenty-four (24) inch by thirty-six (36)
inch sheets as well as in digital format or as specified by the Public
Works Director or designee. All such plans shall be drawn to a scale
of not less than one (1) inch equals one hundred (100) feet.
1.
Specific requirements for the excavation, grading and filling portion
of the SD & SWPPP, include, but are not limited to, the following
items:
a.
A key or location map showing the property and its relation to the
surrounding area.
b.
A north arrow and graphic scale.
c.
Full name and address of property owner, developer and engineer.
d.
Designation of property by street address.
e.
Benchmark information.
f.
Delineation of 100-year floodplain and floodways.
g.
The outline of the total project area; the portion of the property
that is to be disturbed and labeled with its area; existing land uses;
location of retaining walls; locations and names of surface water
bodies; locations of temporary and permanent BMPs and such other information
as the Public Works Director or designee may require.
h.
The location of the premises and its geographic relation to neighboring
properties showing all buildings and roads within one hundred (100)
feet of the boundaries of the plot on which the land disturbance is
proposed.
i.
Finish floor elevations of existing buildings.
j.
Any off-site grading easements and a copy of the actual agreement.
k.
The estimated maximum quantity of material to be excavated, graded
or filled and the estimated part thereof that will be used for grading
or filling.
l.
The location of any sewage 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 gas transmission
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.
m.
Existing topography and grade of the property at a contour interval
of not more than two (2) feet and the proposed final contour and finished
grade elevation at intervals of not more than two (2) feet, except
that whenever the existing grade is extremely steep and hilly, the
contour intervals may be not more than five (5) feet if first approved
by the Public Works Director. Contours shall extend a minimum of one
hundred (100) feet off-site or sufficient to show on-/off-site drainage.
Contours shall be based on United States Geological Survey datum and
shall show established elevations at buildings, walks, drives, streets
and roads; and information on necessary clearing and grubbing, removal
of existing structures, excavating, filling, spreading and compacting.
n.
The location and present status of any previous permitted site disturbance
operations on the property.
o.
The details of any drainage system proposed to be installed and maintained
by the applicant, designed to provide for proper surface drainage
for land, both during the performance of the work applied for and
after the completion thereof.
p.
The flow lines of surface water drainage, streams and any existing
farm drains, inlets and outfalls, springs or other flowing wells and
width of stream beds or flowage lines.
q.
A comprehensive drainage plan designed to handle safely the surface
water, streams or other natural drains following heavy rainstorms
during grading operations.
r.
If the proposed land disturbance is for the purpose of constructing
a lake or pond, the details of the proposed dam or other structures
and the embankments intended to impound the water, together with the
details and locations of the proposed discharge to a valved outlet
for drainage purposes and the proposed level of any impounded water.
s.
The proposed truck and equipment access ways to the work site along
with sources of off-site borrow material or spoil sites. A written
report specifying the kind and description of trucks or hauling or
grading equipment, the loaded and unloaded weight of trucks and hauling
equipment, the number of each and the length of time they will be
required to use the streets of the City and the route or routes to
be used by trucks and hauling and grading equipment. All other information
required to estimate or to determine the amount of wear and tear or
damage, if any that may be caused to streets by such usage.
t.
A statement from the owner or responsible party assuming full responsibility
for the performance of the operation as stated in the application;
this statement shall also contain an assurance that all City property
or City roads will be adequately protected.
u.
Stormwater management and stormwater drainage computations including
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 as required by St. Louis Metropolitan
Sewer District and stable channel calculations (where applicable).
2.
Specific requirements for the erosion and sediment control portion
of the SD & SWPPP, include, but are not limited to, the following
items:
a.
Details and descriptions of temporary and permanent erosion and sediment
control measures and other protective measures intended for use.
b.
All temporary and permanent spoil disposal areas, haul roads and
construction staging areas shall be located to minimize erosion, sediment
transport and disturbance to existing vegetation.
c.
Sequencing. 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.
Construction sequencing shall be required to reduce erosion
potential. Detailed specifications, including a schedule and time
frame, shall show the relationship between the implementation and
maintenance of controls and the various stages of construction.
d.
Specifications for interim and permanent stabilization practices,
including site specific scheduling of the implementation of the practices
to include, at a minimum, the following activities as applicable:
(1)
Clearing and grubbing for those areas necessary for installation
of perimeter controls;
(2)
Installation of sediment basins and traps;
(3)
Construction of perimeter controls;
(4)
Remaining clearing and grubbing;
(5)
Road grading;
(6)
Grading for the remainder of the site;
(7)
Utility installation and whether storm drains will be used or
blocked until after completion of construction;
(8)
Final grading, landscaping or stabilization; and
(9)
Removal of sediment controls.
|
Changes to the sequence of construction operations may be modified
by the person conducting the land disturbing activity or their representative
and do not constitute a violation unless measures to control stormwater
runoff and sediment are not utilized.
|
e.
The plans shall contain a description of the predominant soil types,
forest cover and resources on the site as described by the appropriate
soil survey information available through the local Conservation District
and as protected under other Chapters of the Berkeley Code.
f.
Details And Specifications Of Soil Preparation And Of Revegetation
Of The Finished Grade Or Of Other Methods Of Soil Erosion Control.
Details and specifications shall include seeding mixtures and rates,
types of sod, method of seedbed preparation, expected seeding rates,
type and rate of lime and fertilizer application and kind and quantity
of mulching for both temporary and permanent vegetative control measures.
g.
The Location Of Temporary Off-Street Parking, Fueling And Washdown
Areas For Related Vehicles. Wash-off pads may be required as directed
by the Public Works Director. Wash-off pads shall be constructed and
maintained as shown in the latest edition of Protecting Water Quality:
A field guide to erosion, sediment and stormwater best management
practices for development sites in Missouri, published by the Missouri
Department of Natural Resources.
h.
A 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.
i.
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 action and mandatory
reporting to the Department of Public Works.
3.
The applicant shall submit an estimate of cost for the completion
of the proposed improvements. The applicant shall also submit an estimate
of cost for the completion of the erosion prevention and sediment
control improvements, maintenance of said improvements and restoration
measures required under this Chapter, including labor costs.
[Ord. No. 4438, 2-19-2018]
A.
Approval
of the Site Disturbance and Stormwater Pollution Prevention Plan shall
be based upon the following general standards and review criteria:
1.
Stormwater management and stormwater drainage computations shall
be done in compliance with applicable laws, ordinances and codes and
the latest version of the MSD Rules and Regulations and Engineering
Design Requirements for Sanitary Sewage and Stormwater Drainage Facilities,
published by the Metropolitan St. Louis Sewer District.
2.
Erosion and sediment control best management practices shall be selected,
installed, used, operated and maintained in accordance with the concepts
and methods described in applicable laws, ordinances and codes and
either of the following two (2) documents:
a.
Stormwater Management for Construction Activities: Developing Pollution
Prevention Plans and Best Management Practices (document number EPA
832-R-92- 005) published by the United States Environmental Protection
Agency (USEPA) in September, 1992.
b.
Protecting Water Quality: A field guide to erosion, sediment and
stormwater best management practices for development sites in Missouri,
published by the Missouri Department of Natural Resources in November,
1995.
B.
Approval
of the Site Disturbance and Stormwater Pollution Prevention Plans
shall be based upon the following specific standards and review criteria:
1.
All excavations, grading or filling shall have a finished grade not
to exceed three to one (3:1), except that embankments less than three
(3) feet in height shall be exempt therefrom if properly mulched and
seeded. Steeper grades are allowed if the excavation is through rock.
The Public Works Director may approve slopes steeper than three to
one (3:1) if the excavation or fill is protected by a properly designed
head wall or toe wall or the slope is properly designed using an approved
engineering method of bank stabilization. If such walls or slopes
exceed a height of six (6) feet, a protective fence or barrier may
be required.
2.
Erosion Control. Erosion control requirements shall include:
a.
Surface water from drainage areas in excess of two (2) acres that
cross grades steeper than eight to one (8:1) shall be intercepted
with diversions and lowered to a stable outlet constructed with concrete
flumes, pipe or approved equivalent construction approved by the Public
Works Director. The adjoining ground to the concerned plot shall be
provided with protection from accelerated and increased surface water,
silt from erosion and any other consequences of erosion. Where it
is necessary for the protection of such property to enter upon private
property for the purpose of taking appropriate protecting measures,
the applicant shall obtain consent from the owner of such private
property. The applicant shall, at its own expense, shore up and protect
all buildings, walls, fences or other property likely to be damaged
during the progress of the grading and shall be responsible for all
damage to public or private property or highways resulting from its
failure to properly protect and carry out such grading.
b.
All lots shall be seeded and mulched or sodded within ten (10) days
after completion of the work or expiration of the permit, whichever
occurs first; and all lots shall be seeded and mulched or sodded before
an occupancy permit shall be issued except that an occupancy permit
may be issued in cases of undue hardship because of unfavorable ground
conditions.
c.
All swales, detention facilities and any areas found to be consistently
eroding shall be stabilized using permanent sod or other means as
approved and directed by the Public Works Director or designee within
ten (10) days after completion of the work or expiration of the permit,
whichever occurs first.
d.
All areas required to be sodded shall follow the latest edition of
Protecting Water Quality: A field guide to erosion, sediment and stormwater
best management practices for development sites in Missouri, published
by the Missouri Department of Natural Resources.
e.
Preservation And Maintenance Of Existing Vegetation And Trees. Limited
exceptions are allowed for necessary surveying or site testing.
f.
Techniques shall be employed to divert upland runoff past disturbed
slopes.
g.
Topsoil shall be stockpiled and preserved from erosion or dispersal
both during and after site grading operations.
3.
Sediment Control. Sediment control requirements shall include:
a.
Settling basins, sediment traps or tanks and perimeter controls.
b.
Settling basins shall be provided for each drainage area with ten
(10) or more acres disturbed at one (1) time and shall be sized to
contain one-half (0.5) inch of sediment from the drainage area and
be able to contain a two (2) year, twenty-four (24) hour storm. If
the provision of a basin of this size is impractical, other similarly
effective BMPs, as evaluated and specified the SD & SWPPP, shall
be provided.
c.
Settling basins shall be designed in a manner that allows adaptation
to provide long-term stormwater management as required by the Public
Works Director.
d.
Settling basins shall have stabilized spillways to minimize the potential
for erosion of the spillway or basin embankment.
e.
Protection for adjacent properties by the use of a vegetated buffer
strip in combination with perimeter controls.
f.
Construction Dewatering Operations. Sediment control shall be provided
before the discharge of construction dewatering enters the receiving
water. Sediment traps and basins are often used to remove sediment
from dewatering of excavation areas. Filtering shall also be provided
when discharge results from dewatering a sediment trap or basin. In
these cases, methods for filtering include sump pits, floating suction
hoses and standpipes attached to the base of the sediment basin riser
with slits to control inflow and wrapping of filter fabric to aid
in filtering sediments.
g.
Techniques shall be employed to prevent the blowing of dust or sediment
from the site.
4.
Watercourse Protection. Watercourse protection requirements shall
include:
a.
Encroachment into or crossings of active waterways/riparian areas
and wetlands shall be avoided to the maximum extent feasible. Where
applicable, all local, State and Federal permits and approvals (e.g.,
compliance with local floodplain requirements and Federal 404 permits
for wetlands) shall be provided to the Public Works Director and shall
be in place prior to issuance of a Site Disturbance Permit or under
this Chapter.
b.
Stabilization adequate to prevent erosion shall be provided at the
outlets of all pipes and paved channels.
c.
When work in a live waterway is performed, precautions shall be taken
to minimize encroachment, control sediment transport and stabilize
the work area to the greatest extent possible before, during and after
construction.
d.
If a defined watercourse is to be realigned 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 revegetated, seeded or
otherwise protected within five (5) working days after grading has
ceased.
e.
Stream Buffer. Planned residential developments occurring in the
CUP and PUD zoning districts which are developed along natural watercourses
depicted by a solid or dashed blue line on the most current United
States Geological Survey (U.S.G.S.) 7.5 Minute Series (Topographical)
Maps for Missouri shall maintain a natural vegetative buffer. Such
natural buffer shall be a minimum of twenty-five (25) feet, measured
horizontally, on both banks (as applicable) of the stream as measured
from the top of the stream bank. The area contained within these limits
shall remain free from development with the exception of utilities,
pedestrian trails, public access, stream crossings and stormwater
BMPs.
|
The described natural stream buffer shall be designated as common
ground and drainage easement to be maintained by the trustees or homeowners'
association of the subdivision. In lieu of the common ground requirement,
this section of land can be: (i) private property with an easement
dedicated to the trustees or homeowners' association requiring maintenance
of the areas as the responsibility of the trustees or homeowners'
association, (ii) private property subject to a conservation easement
in favor of an organization or land trust dedicated to environmental
protection or land preservation such as Trailnet, Inc., Gateway Greenway,
the Open Space Council for the St. Louis region or similar organization,
(iii) set aside in a stream bank mitigation program approved by the
United States Army Corps of Engineers under the provisions of the
Clean Water Act. In addition to the twenty-five (25) feet natural
vegetative buffer, a minimum setback of fifty (50) feet from the top
of the existing bank shall be maintained to any building structure
requiring a building permit that necessitates excavation or also requires
a foundation. Any variance from these regulations shall be directed
to the Board of Adjustment.
|
5.
Construction Site Access. Construction site access requirements shall
include:
a.
Truck and equipment access ways to the site of the operation shall
be located so as to minimize danger to traffic and nuisance to surrounding
properties. Such access shall be kept wet or paved to the extent necessary
to prevent any dust nuisance to surrounding properties. All such access
ways shall be clearly marked with signs and shall be posted approximately
two hundred (200) feet distant from such access ways or other traveled
areas. Such signs shall read "Caution: Trucks Entering Highway" and
be of size, type, coloring, lettering and format as shown in the Manual
on Uniform Traffic Control Devices. Debris, soil and other materials
shall be removed daily from public streets and sidewalks.
b.
Vehicle tracking of sediments from land disturbing activities onto
paved public roads carrying significant amounts of traffic (average
daily traffic of twenty-five (25) vehicles/day or greater) shall be
minimized.
c.
The number of temporary access points to the site for land disturbing
or construction activities shall be minimized and stabilized construction
entrances and exits shall be provided.
7.
Phasing. Phasing shall be required on all sites disturbing greater
than thirty (30) acres, with the size of each phase to be established
at plan review and as approved by the Department of Public Works.
8.
Clean Fill. Filling or grading with anything other than clean earth
type material is prohibited. "Clean earth type material" is defined
as earth with reasonable amounts of inert materials such as rock,
sand, gravel, asphalt, brick and/or concrete without re-enforcing
rods. No demolition type materials such as plaster, metals, wood,
shingles, plastics, paper, electrical wiring, conduit, etc., may be
used. A "final" cover of at least three (3) feet of earth soil shall
be used such as to support vegetation, grass, shrubs and trees. No
inert materials with a maximum dimension greater than eight (8) inches
shall be buried or placed in any fill unless permitted by the Public
Works Director after receipt of a report by a soil engineer certifying
that he or she has investigated the property and the fill material
and that a fill including such greater size material may be constructed
to meet the requirements of this paragraph. When such greater size
material is placed in fills, it shall be done under the direction
and supervision of a soil engineer.
9.
It shall be unlawful to use as fill material or to dump or place
on any property any construction material or debris from another site.
10.
Construction Dirt, Debris And Waste.
a.
BMPs At Construction Site. After excavation or construction is commenced
on any lot or tract of land in the City and until sodding, planting,
concreting, paving or other final surfacing is in place which will
avoid washing or spreading of dirt and mud onto other property, sidewalks,
curbs, gutters, streets and the space between sidewalks and curbs,
the permittee, the owner of the property, contractor or developer
in charge of work shall construct and maintain temporary siltation
control devices or other approved measures to prevent such washing
or spreading of mud or dirt. As may be required throughout the day,
during the course of excavating or construction, dirt and mud on the
sidewalks, curbs, gutters and streets and the space between sidewalk
and street, resulting from work, must be removed.
b.
Removing Mud From Vehicle Wheels. The owners, contractors, subcontractors
and builders, jointly and severally, shall provide their personnel
with equipment as necessary to remove dirt from the wheels of all
vehicles leaving any grading site where mud has accumulated on the
wheels, before such vehicles enter any public or private street within
the City.
c.
Spilling Materials On Streets.
(1)
The owners, contractors, subcontractors and builders, jointly
and severally, who may load dirt, mud or other materials on any vehicle
at any grading site in the City, during construction or otherwise,
shall so load the same that no portion thereof shall be spilled or
be liable to be spilled on the streets within the City. All material
shall be covered with tarps in compliance with State law. It shall
be unlawful for any such person to permit any vehicle to enter upon
the streets within the City loaded in violation of this provision
and it shall be unlawful for any driver to operate a vehicle on the
streets within the City which is loaded in such manner that it spills
or is liable to spill mud, dirt or other materials on the streets.
(2)
All streets and rights-of-way shall be kept clean of dirt and
debris. Any dirt and/or debris left on the streets or rights-of-way
shall be cleaned off immediately.
(3)
If upon notice by the City of a quantity of mud, dirt or other
materials found on the streets and the failure thereupon to remove
such materials, then the City shall have the right to remove said
illicit materials and to charge the offending party the cost of doing
so.
(4)
Boards Over Sidewalks. Boards, tracks or other protection must
be laid over sidewalks, curbs and gutters to avoid dirt and mud accumulating
therein as completely as possible and to prevent breakage or damage
to such installations of whatever material constructed. Damage to
walks, curbs and gutters will be repaired by the contractor or the
Public Works Director may cause to have them repaired at the contractor's
expense.
(5)
Waste Material. During the course of construction, excavation
or grading, the permittee, owners, contractors and developers are
required to collect and dispose of all paper, refuse, sticks, lumber
and other building waste and all other waste material daily and to
prevent the same from blowing or otherwise being scattered over adjacent
public or private property. Wash-out from concrete trucks must be
controlled in a manner so as not to adversely impact the site, adjacent
public or private property or adjacent streams and storm sewer systems.
(6)
Sanitary Facilities. Adequate provisions must be made for sufficient
temporary sanitary facilities to serve the number of workers on the
site.
11.
Spill Prevention And Control Facilities.
a.
The permittee shall take appropriate measures to prevent spills and
shall develop necessary control facilities for materials such as paint,
solvents, petroleum products, chemicals, toxic or hazardous substances,
substances regulated under 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.
b.
On-site fueling facilities shall adhere to applicable Federal and
State regulations concerning storage and dispensers.
12.
Temporary Stabilization Measures. Where construction or land disturbance
activity will or has temporarily ceased on any portion of a site,
temporary site stabilization measures shall be required as soon as
practicable, but no later than fourteen (14) days after the activity
has ceased.
13.
Temporary Structural Controls. Temporary structural controls installed
during construction shall be designed to accomplish stabilization
and control of erosion and sedimentation to the maximum extent practicable
and shall be installed, maintained and removed according to the guidelines
set forth in the above-referenced documents.
14.
Permanent Structural Controls. All permanent structural controls,
including drainage facilities such as channels, storm sewer inlets,
detention/retention facilities or basins, shall be designed according
to the guidelines set forth in the above-referenced documents.
[Ord. No. 4438, 2-19-2018]
A.
With
the submittal of the application for a Site Disturbance Permit as
defined in this Chapter, the applicant shall pay a fee to cover the
cost of administration, plan review and inspection services associated
with the Site Disturbance Permit. The minimum fee shall be two hundred
twenty-five dollars ($225.00). For any land disturbance greater than
three-fourths (¾) an acre, the fee shall be based on the area
of land to be disturbed in accordance with the following:
($300.00 per acre disturbed) x (acres disturbed) = permit fee
B.
The
cost to extend a Site Disturbance Permit for an additional one (1)
year period shall be fifty dollars ($50.00) per acre. Such extension
shall be based on the information shown in this Chapter.
C.
In
the case of an appeal to a denied Site Disturbance Permit, the appeal
fee shall be three hundred dollars ($350.00).
[Ord. No. 4438, 2-19-2018]
A.
The
applicant and all responsible parties shall be responsible for completion
of the improvements as submitted in the site disturbance application.
They shall also be responsible for the installation, good repair and
proper functioning of all temporary and permanent erosion prevention
and sedimentation controls.
B.
Fiscal
Surety Required. For all land disturbing activities requiring a Site
Disturbance Permit under this Chapter, the applicant or other responsible
party shall post a performance bond with surety approved by the Public
Works Director for the cost of the approved improvements, the erosion
prevention and sedimentation controls to be installed on the site,
any prescribed site revegetation or restoration measures, maintenance
of erosion and sedimentation control facilities and for a guarantee
to the City for repair of any possible damages to streets, curbs,
sidewalks, trees, landscaping or any public facilities. The City may
accept a letter of credit, a certified bank officer's check or other
surety from a bank or financial institution in lieu of a bond.
1.
Amount Of Surety. For activities subject to a Site Disturbance Permit,
the amount of the surety for completion of the proposed improvements
shall cover one hundred percent (100%) of the costs of the approved
improvements and one hundred twenty-five percent (125%) of the costs
of the approved erosion prevention and sediment control improvements
and restoration measures required under this Chapter, plus labor costs.
Such costs shall be in the amount calculated by the applicant subject
to the approval of the Public Works Director and the amount of the
surety shall be in addition to any other surety required as part of
subdivision or development approval.
2.
Timing Of Surety. The fiscal surety required by this Section shall
be posted before a Site Disturbance Permit can be issued.
3.
Use Of Surety. The Public Works Director or designee may declare
a default upon occurrence of facts entitling the Public Works Director
to declare a default under the definition of "Default" in this Chapter.
Upon declaration of default, the Public Works Director shall collect
such amounts from the surety or otherwise as is required to remedy
the default.
4.
Release Of Surety. A request for release of a fiscal surety required
by this Chapter shall be made in writing with the City of Berkeley.
Within sixty (60) days of receipt of request for release of a surety,
City of Berkeley may make an inspection of the property and shall
grant a release of the surety upon determining that:
a.
Site construction is finished;
b.
Damages to any public facilities have not occurred or are in good
repair;
c.
The Site Disturbance Permit has been terminated;
d.
Permanent revegetation has been established;
e.
The required improvements and stormwater control BMPs are properly
installed, are in good repair and are functioning properly;
f.
All temporary stormwater control BMPs have been removed;
g.
There is no reason to believe that construction on the lot has or
will cause the malfunctioning of installed improvements on other property;
h.
The site has passed the final inspection;
i.
The as-builts, if applicable, have been submitted to the City of
Berkeley; and
j.
All systems have been cleaned.
C.
Imposition Of Lien.
In addition to or as an alternative to use of any fiscal surety, the
City of Berkeley shall have the option of placing a lien on any property
on which the applicant or any responsible party has failed to properly
install, keep in good repair or maintain the proper functioning of
all required temporary and permanent improvements or has failed to
complete required revegetation or restoration measures. The amount
of the lien may cover necessary costs of ensuring compliance with
applicable provisions of this Chapter, including, but not limited
to, any necessary remedial and restoration measures both on- and off-site
and all associated administrative costs.
D.
Additional
Fiscal Surety Required. Before construction actually commences or
while the work is in progress, the Public Works Director may require
the applicant or other responsible party to post increased surety
bond or insurance with the City if the Public Works Director determines
the cost or the scope of the work has changed. The amount of such
increase shall be based on the amount of any increased cost as determined
by the Public Works Director.
E.
Cash
Deposit Required For Street Cleaning. Before construction actually
commences or while the work is in progress, the Public Works Director
may require the applicant or other responsible party to post a cash
deposit for street cleaning. The amount of cash deposit will depend
on the number of construction entrances and the number of months of
construction as per the following formula:
|
$100.00 x (number of months of construction) x (number of construction
entrances) = amount of cash deposit
|
|
Submission of such cash deposit does not relieve the applicant
or other responsible party of their responsibility to keep the streets
clean. The amount of said deposit may be refunded at the discretion
of the Public Works Director. An additional cash deposit may be required
as deemed necessary by the Public Works Director.
|
[Ord. No. 4438, 2-19-2018]
A.
The
Public Works Director or designee shall establish the amount of fiscal
surety, if any, and if the application and plan comply with the standards
contained in this Chapter, he/she shall issue a permit in accordance
therewith. In acting upon such an application and plan, the Public
Works Director shall be guided by and shall take into consideration
the public health, safety and general welfare and particular consideration
shall be given as to whether the plan will create any of the following
conditions:
1.
Interfere with surface water flow and drainage;
2.
Interfere with lateral supports and slopes;
3.
Cause excessive erosion or alteration of the natural topography and
grade of land, depletion of natural deposits of topsoil and other
natural materials, disturbance of the plant and wildlife, creation
of nuisance and dangerous open pits and creation of stagnant water
pools.
B.
The
Public Works Director or designee shall not grant a permit for any
land disturbance that does not comply with the standards, requirements
and provisions of this Chapter. The Public Works Director may impose
such conditions or requirements upon the issuance of a permit as he/she
deems necessary or proper to assure faithful compliance with this
Chapter.
C.
Construction
Traffic Routes. The Public Works Director shall approve or change
the route or routes to be used by trucks and hauling and grading equipment.
The applicant or responsible party shall be charged with the duty
of seeing that the trucks or equipment use only the route or routes
designated. In the event of any emergency requiring a change in route
or routes or if the Public Works Director finds or determines that
any route or routes so designated are not safe or that excessive damage
is being caused to any street or streets in the City by such usage
or if he/she finds the welfare of the City so requires, he/she may,
upon one (1) days’ notice to the contractor in writing, designate
an alternate route or routes and it shall thereupon be the duty of
the applicant or responsible party to see that the trucks or equipment
use only the alternate route or routes so designated by the Public
Works Director.
D.
The
permittee shall amend the Stormwater Pollution Prevention Plan whenever:
1.
Design, operation or maintenance of BMPs 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 SD &
SWPPP or any BMP;
4.
Inspections by the City or by the Missouri Department of Natural
Resources indicate deficiencies in the SD & SWPPP or any BMP;
5.
The SD & SWPPP is determined to be ineffective in significantly
minimizing or controlling erosion or excessive sediment deposits in
streams or lakes;
6.
The SD & 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 one-half
(0.5) ml/L/hr if the discharge is within the prescribed proximity
of a "Valuable Resource Water" as defined by the MDNR;
8.
Total settleable solids from a stormwater outfall exceeds two and
one-half (2.5) ml/L/hr for any other outfall; or
9.
The City of Berkeley or the Missouri Department of Natural Resources
determines violations of water quality standards may occur or have
occurred.
E.
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 SD & 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 SD & SWPPP to all parties who are responsible
for installation, operation or maintenance of any BMP; and
4.
Maintain a current copy of the SD & SWPPP on the site at all
times.
[Ord. No. 4438, 2-19-2018]
A permit issued under this Chapter shall expire one (1) year
from the date of issuance, except that the Public Works Director may,
for due cause shown, extend any permit for one (1) year periods after
complete review of all plans and examination of work accomplished
and proposed, provided application is made at least thirty (30) days
prior to the expiration date of such permit. In no case shall a permit
be extended if the provisions of this regulation have not been complied
with; provided, however, that in connection with continuing operations,
the Public Works Director may waive for a one (1) year period those
requirements which would make continuing operations impractical.
[Ord. No. 4438, 2-19-2018]
It shall be unlawful to conduct grading operations between the
hours of 10:00 P.M. and 7:00 A.M.; grading operations are permitted
on Saturday, Sunday or a national holiday between the hours of 8:00
A.M. and 4:00 P.M.
[Ord. No. 4438, 2-19-2018]
A.
The
City of Berkeley 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 Site Disturbance
and Stormwater Pollution Prevention Plan as approved. Plans for grading,
stripping, excavating and filling work bearing the stamp of the City
of Berkeley office of the Public Works Director 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 SD & 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 determine the overall effectiveness of the SD & 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. 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.
|
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 weekly inspection
report.
|
C.
The City of Berkeley shall conduct inspections as deemed necessary to ensure compliance with approved plans, to ensure the validity of the reports filed under Subsection (B) above, examine field practices to ensure proper installation, operation and maintenance of stormwater BMPs are adequate to advance the purposes of this Chapter and to determine the overall effectiveness of the SD & SWPPP and the need for additional control measures. Authorized enforcement agencies and inspectors shall have the power to periodically inspect any land disturbing activity upon presentation of appropriate identification and to require monitoring and reports from the applicant or other on-site responsible party.
D.
Notice
of such right of inspection shall be included in the Site Disturbance
Permit and such right shall include the right to enter the property
and inspect with or without notice. All such inspections shall be
at the discretion of the inspector. All inspectors are hereby given
the authority to issue notices of violations, stop work orders and
summons to court.
[Ord. No. 4438, 2-19-2018]
A.
Maintenance
During Construction.
1.
The applicant or responsible party shall be required to conduct continuing inspections of all erosion prevention and sediment control measures and direct the appropriate persons to make any repairs or modifications necessary within forty-eight (48) hours of the initial discovery of a control failure or violation. At a minimum, such inspections shall occur every seven (7) calendar days and within twenty-four (24) hours after each storm event that produces one-half (0.5) inches or more of precipitation. A written record of all inspections shall be maintained on site during the duration of the construction or land disturbing activity (see Subsection (A)(3) below).
2.
In addition, silt accumulation upstream of temporary controls shall
be removed when the control reaches the storage capacity established
for the particular type of control in either the MDNR document or
the EPA document referenced in the code.
3.
A copy of the latest approved SD & SWPPP and records of all inspections,
repairs and modifications shall be kept on site during the duration
of the construction or land disturbing activity. All records of inspection
shall be in a form specified by the City of Berkeley and shall include
the date and time of inspection and the name and signature of the
inspector.
B.
Post-Construction
Maintenance. Following release or acceptance of a project (and termination
of the Site Disturbance Permit), the owner shall be responsible for
maintaining the project site in a manner to prevent soil erosion and
sedimentation in violation of this Chapter.
C.
General
Maintenance And Upkeep. All owners within the City of Berkeley shall
be responsible for maintaining their property in a manner to prevent
soil erosion and sedimentation in violation of this Chapter.
[Ord. No. 4438, 2-19-2018]
A.
Agency
Responsibility. Enforcement of this Chapter shall be the responsibility
of the City of Berkeley or official as determined by the City.
B.
Responsible
Parties For Enforcement Purposes — Defined. The party or parties
responsible and liable for actions or non-action taken in relation
to this Chapter, including responsibility for curing violations of
this Chapter, shall be the applicant, any co-applicants and any other
responsible party.
C.
Complaints.
The City of Berkeley shall receive complaints and inquiries and route
the complaint/inquiry to the appropriate responsible enforcement agency.
D.
Enforcement
Procedures.
1.
Notice Of Violation/Stop Work Order. If a complaint investigation
or inspection results in a finding of non-compliance with this Chapter,
the appropriate inspector is authorized to issue a notice of violation
(NOV) that may, at the discretion of the inspector, include a stop
work order. A stop work order shall be required when the violation
is causing off-site adverse impacts and degradation.
a.
Content Of NOV. The NOV shall specify the deficiencies, what corrective
action is necessary and a specific time frame within which the authority
expects reasonable progress to be made on compliance (no longer than
seventy-two (72) hours, unless extenuating or unusual circumstances
such as weather justify a longer time frame).
b.
Stop Work Order. Issuance of a stop work order shall result in a
suspension of the project development or site plan approval and except
for work related to remediation of the violation, no additional land
disturbing activity shall occur and no additional grading or building
permits shall be issued until the violation is resolved to the enforcement
agency's satisfaction. Stop work orders shall specifically state the
provisions of this Chapter being violated.
c.
Service Of NOV And Stop Work Order. The written NOV, including a
stop work order as applicable, shall be delivered to the applicant,
owner or other on-site responsible party and a certified copy shall
be sent to the applicant and/or owner and/or design engineer. Notice
of the NOV, including a stop work order, may be given by registered
mail to the applicant, owner or other responsible party after two
(2) reasonable efforts to serve the notice personally have failed.
2.
Issuance Of Summons To Court. It shall be the responsibility of the
owner to ensure that no violation of this Chapter occurs on his/her
property. If the applicant or other responsible party fails to comply
with the NOV or there is no immediate settlement, the inspector is
authorized to issue a summons to court to the applicant or other responsible
party. The summons to court shall contain all the information required
by this Code, including the potential civil fines that will be imposed
for the violation if the person does not contest the summons to court
and the maximum fine that may be imposed if the person elects to contest
the summons to court. The appropriate inspection agency shall have
the option of issuing a summons to court immediately upon discovery
of a violation in lieu of a NOV. Any person, firm or corporation found
guilty of violating any provisions of this Chapter shall, upon conviction,
be punished as provided in this Code.
E.
Repeated
And Serious Violations/Failure To Perform. In cases in which an applicant
or other responsible party has a record of serious violations and/or
repeated violations of the provisions of this Chapter or has repeatedly
violated the requirements of a Site Disturbance Permit as set forth
in this Chapter, the City of Berkeley shall be authorized to undertake
any or all of the following actions:
1.
To refuse to accept applications for any development or land disturbing
activity or to process any such application of the applicant or responsible
party;
2.
To revoke a Site Disturbance Permit as it applies to any development
or land disturbing activity carried out by the applicant or responsible
party.
[Ord. No. 4438, 2-19-2018]
Denial Of Site Disturbance Permit. Any person denied a Site
Disturbance Permit as herein provided shall have the right to appeal
such denial to the Board of Adjustment or other board established
by the City within thirty (30) days of the date of such denial. The
appeal fee is three hundred fifty dollars ($350.00) per appeal.
[Ord. No. 4438, 2-19-2018]
A.
Civil
Infraction. All violations of this Chapter shall be classified as
civil offenses.
B.
Civil
Fines. The civil fine for each violation of this Chapter shall be
shall be set by a court of competence jurisdiction.
C.
Continuing
Offense. Each act of violation and each day upon which any such violation
shall occur shall constitute a separate offense.
D.
Remedies
Not Exclusive. In addition to any remedies provided for in this Chapter,
any equitable or other applicable remedies may be sought.
