[Ord. No. 22-14, 4-11-2022]
A. During the construction process, soil is highly vulnerable to erosion
by wind and water. Eroded soil endangers water resources by reducing
water quality and causing the siltation of aquatic habitat for fish
and other desirable species. Eroded soil also necessitates repair
of sewers and ditches and the dredging of waterways. In addition,
clearing and grading during construction can cause the loss of native
vegetation necessary for terrestrial and aquatic habitat.
B. As a result, the purpose of this Article
II of Chapter
425, Stormwater Management, is to safeguard persons, protect property, and prevent damage to the environment in the City of Oronogo. Therefore, this regulation is included to promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in the City of Oronogo, Missouri.
[Ord. No. 22-14, 4-11-2022]
Unless specifically defined below, words or phrases use in this
Article shall be interpreted so as to give them the meaning they have
in common usage and to give this Article it's most reasonable
application.
CERTIFIED CONTRACTOR
A person who has received training and is licensed by the
City of Oronogo to inspect and maintain erosion and sediment control
practices.
CLEARING
Any activity that removes the vegetative surface cover.
DESIGNATED AGENT
An authorized agent of the City of Oronogo to perform inspections
for the purposes of construction review and/or impacts on the municipal
separate storm sewer system.
DRAINAGEWAY
Any channel that conveys surface runoff throughout the site.
EROSION AND SEDIMENT CONTROL PLAN
A set of plans prepared by or under the direction of a licensed
professional engineer. Indicating the specific measures and sequencing
to be used to control sediment and erosion on a development site during
and after construction.
GRADING
Excavation of fill of material, including the resulting conditions
thereof.
LAND DISTURBANCE PERMIT
A permit issued by the City of Oronogo for the construction
or alteration of ground. Improvements and structures for the control
of erosion, runoff, and grading.
PERIMETER CONTROL
A barrier that prevents sediment from leaving a site by filtering
sediment-laden runoff or diverting it to a sediment trap or basin.
PHASING
Clearing a parcel of land in distinct phases, with the stabilization
of each phase completed before the clearing of the next.
SITE
A parcel of land or a contiguous combination thereof, where
grading work is performed as a single unified operation.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
START OF CONSTRUCTION
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.
WATERCOURSE
Any body of water, including, but not limited to lakes, ponds,
rivers, streams, and bodies of water delineated by the City of Oronogo.
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.
[Ord. No. 22-14, 4-11-2022]
A. No person shall be granted a Land Disturbance Permit for land-disturbing
activity that would require the uncovering of one (1) acre or more
without the approval of a Land Disturbance Permit by the Missouri
Department of Natural Resources.
B. No Land Disturbance Permit is required for the following activities:
1.
Any emergency activity that is immediately necessary for the
protection of life, property, or natural resources.
2.
Existing nursery and agricultural operations conducted as a
permitted main or accessory use.
3.
Construction of a dwelling on any single existing lot within
the City of Oronogo that is less than one (1) acre or that which is
included in an active Land Disturbance Permit.
C. Application requirements are listed in the City of Oronogo Stormwater
Management Design Manual, to include any version or revision adopted
hereafter by the City of Oronogo.
[Ord. No. 22-14, 4-11-2022]
A. The designated agent will review each application for a Land Disturbance
Permit to determine conformity with the provisions of this regulation.
Within forty-five (45) days after receiving an application the designated
agent shall, in writing:
1.
Approve the permit application;
2.
Approve the permit application subject to such reasonable conditions
as may be necessary to secure substantially the objectives of this
regulation, and issue the permit subject to these conditions; or,
3.
Disapprove the permit application, indicating the reason(s)
and procedure for submitting a revised application and/or submission.
B. Failure of the designated agent to act on an original or revised
application within forty-five (45) days of receipt of the same shall
authorize the applicant to proceed in accordance with the plans as
filed unless such time is extended by agreement between the applicant
and the City of Oronogo. Pending preparation and approval of a revised
plan, development activities shall be allowed to proceed in accordance
with conditions established by the City of Oronogo.
[Ord. No. 22-14, 4-11-2022]
A. The Erosion and Sediment Control Plan shall comply with all requirements
of the City of Oronogo Stormwater Management Design Manual or as set
forth in any version adopted hereafter by the City of Oronogo, Missouri.
B. Modifications to the Erosion and Sediment Control Plan shall be processed and approved or disapproved in the same manner as Section
425.070(A) of this regulation. Said modifications may be authorized by the City of Oronogo by written authorization to the permittee, and shall include;
1.
Major amendments of the Erosion and Sediment Control Plan submitted
to the City of Oronogo.
2.
Field modifications of a minor nature.
[Ord. No. 22-14, 4-11-2022]
Grading, erosion control practices, sediment control practices,
and waterway crossing shall meet the design criteria set forth in
the most recent version of the City of Oronogo Stormwater Management
Design Manual, and shall be adequate to prevent transportation of
sediment from the site to the satisfaction of the City of Oronogo.
[Ord. No. 22-14, 4-11-2022]
A. The designated agent 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 Erosion
and Sediment Control Plan as approved. Plans for grading, stripping,
excavating and filling work bearing the stamp of approval of the designated
agent shall be maintained at the site during the progress of the work.
To obtain inspections, the permittee shall notify the City of Oronogo
at least twenty-four (24) hours before the following:
2.
Installation of sediment and erosion measures.
3.
Completion of site clearing.
4.
Completion of rough grading.
5.
Completion of final grading.
6.
Close of the construction season.
7.
Completion of final landscaping.
B. The permittee or his/her agent shall make regular inspections of
all control measures in accordance with the inspection schedule outlined
on the approved Erosion and Sediment Control Plan(s). The purpose
of such inspections will be to determine the overall effectiveness
of the control plan and the need for additional control measures.
All inspections shall be documented in written form and submitted
to the City of Oronogo at the time interval specified in the approved
permit.
C. The designated agent shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports under Subsection
(B) above.
[Ord. No. 22-14, 4-11-2022]
A. Stop-Work Order; Revocation Of Permit. In the event that any person
holding a Land Disturbance Permit pursuant to this Article violates
the terms of the permit or implements land disturbance 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 designated agent
may suspend or revoke the Land Disturbance Permit.
B. Violations 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
Article. Any person violating any of the provisions of this Article
shall be deemed guilty of a misdemeanor and each day during which
any violation of any of the provisions of this Article 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 five hundred dollars
($500.00) for each offense. In addition to any other penalty authorized
by this Section, any person, partnership, or corporation convicted
of violating any of the provisions of this Article shall be required
to bear the expense of such restoration.