[Ord. No. 8.460 (Bill No. 2571)
§1, 1-16-2014; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
This Article shall be known and maybe cited as "Land Disturbance
Ordinance of the City of Arnold, Missouri."
[Ord. No. 8.460 (Bill No. 2571)
§1, 1-16-2014; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A.
These regulations prescribe the procedures for grading, erosion
and sediment control that must be exercised when developing ground
within the City. Furthermore, the procedures described herein are
established by ordinance and comprise the standards and requirements
with respect to establishing grading erosion and sediment control
practices on all building sites within the City.
1.
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.
2.
A buildup of sediment downstream causes flooding upstream which
results in substantial damage to public and private lands. The development
of land not only increases the runoff due to the change of the surface
of the ground, but it also increases the velocity of discharge of
the increased runoff.
3.
The purpose of this Article is to promote the public safety,
health, convenience, general welfare and protection of property, and
environment within the City. This is to be done by guiding, regulating,
and controlling the design, and construction, use and maintenance
of development or other activity that disturbs the natural terrain
or vegetative ground cover.
[Ord. No. 8.460 (Bill No. 2571)
§1, 1-16-2014; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
As used in this Article, the following terms shall have these
prescribed meanings:
A person who has received training and is licensed by (State
or local environmental agency) to inspect and maintain erosion and
sediment control practices.
Any activity that removes the vegetative surface cover.
Any channel that conveys surface runoff throughout the site.
A measure that prevents erosion.
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. This plan is reviewed for issuance of an Erosion
and Sediment Control Permit.
A resource that includes acceptable menu of best management
practices (BMP's) for erosion and sediment control during construction.
The St. Louis County Missouri Sediment and Erosion Control Manual
pages 42-89 with Standard Drawings shall be used.
Excavation or fill of material, including the resulting conditions
thereof also known as Land Disturbance.
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 completed before the clearing of the next.
Measures that prevent eroded sediment from leaving the site.
A parcel of land or a contiguous combination thereof, where
grading work is performed as a single unified operation.
Also referred to as Improvement Plan permit which is issued
by the City of Arnold for the construction or alteration of ground
improvements including, but not limited to, grading with erosion and
sediment control, streets, sidewalk, sewers, stormwater facilities.
The use of practices that prevent exposed soil from eroding.
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.
Any body of water, including, but not limited to, lakes,
ponds, rivers, streams, and bodies of water delineated by The City
of Arnold.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
[Ord. No. 8.460 (Bill No. 2571)
§1, 1-16-2014; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
Except as exemplified herein, any person, firm, corporation
or business proposing to develop land within the City shall apply
to the Community Development Director for review and approval of site
development permit as specified in this Article. No land shall be
developed except upon issuance of such a permit or as exemplified
herein.
[Ord. No. 8.460 (Bill No. 2571)
§1, 1-16-2014; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
Finish grading of individual lots shall not conflict with the
original intent of the approved grading and site development plan.
It is the specific intent of this Article that drainage ways established
are not to be blocked or their storm water carrying capacity diminished
in any way. No certificate of compliance or occupancy permit shall
be issued by the City of Arnold in any instance where the finish grade
has been completed in such a manner that fails to meet the intent
of this Section until such time that the violation has been corrected.
[Ord. No. 8.460 (Bill No. 2571)
§1, 1-16-2014; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A.
Public Provisions. This Article is not intended
to interfere with, abrogate or annul any existing law, ordinance,
rules or regulations of the City. Where any provision of this regulation
imposes restrictions different from those imposed by other regulations,
the provisions which are more restrictive or impose higher standards
shall control.
B.
Private Provisions. These regulations are not intended
to abrogate any easement, covenant or any other private agreement
or restriction; provided that where the provisions of these regulations
are more restrictive or impose higher standards or regulations than
such easement, covenant or other private agreement or restriction,
the requirements of these regulations shall govern. Where the provisions
of the easement, covenant or private agreement or restriction impose
duties and obligations more restrictive or higher standards than the
requirements of the regulations, and such private provisions are not
inconsistent with these regulations or determinations hereunder, then
such private provision shall be operative and supplemental to these
regulations and determinations made hereunder.
[Ord. No. 8.460 (Bill No. 2571)
§1, 1-16-2014; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
For the purpose of providing for the public health, safety and
general welfare, the City Council may from time to time amend the
provisions of this Article.
[Ord. No. 8.460 (Bill No. 2571)
§1, 1-16-2014; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A.
It shall be the duty of the Director of Community Development to
enforce these regulations.
1.
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, firm, association, or corporation violating
any provisions of this code shall be deemed guilty of an ordinance
violation and shall be subject to a fine not exceeding five hundred
dollars ($500.00) per each calendar day the violation exists or imprisonment
for not more than ninety (90) days, or both. In addition to any other
penalty authorized by this Section, any person, firm, association
or corporation convicted of violating any of the provisions of this
Chapter shall be required to bear the expense of such restoration.
2.
Stop-work order or revocation of permit. In
the event that any person violates this ordinance or 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, Community Development may stop work or revoke
any permits.
3.
The developer is responsible to keep roads clean of mud, silt
and debris from its operations. Should the condition of city streets
not be acceptable to the City, a six-hour notice will be given to
the developer to address the problem. If the problem exists after
the notice has expired, the street department will remedy the situation
and the developer will be charged for the labor and equipment costs
and all other expenses.
4.
In any instance where the debris poses a traffic safety problem,
the developer shall immediately upon notice cause such situation to
be remedied. In the event that the developer fails to response or
cannot be immediately reached, then the City shall remedy the situation
and the cost shall be charged to the developer.
[Ord. No. 8.460 (Bill No. 2571)
§1, 1-16-2014; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
The Board of Adjustment shall hear and decide appeals where
it is alleged there is error in any order, requirement, or decision
in the enforcement of this Article. No variance shall be granted by
the Board of Adjustment that will in any way have a negative impact
on adjoining properties or properties downstream from the property
in question within the water shed. The board may grant a variance
so that substantial justice may be done and the public interest secured
provided that such variance shall not have the effect of nullifying
the intent of purposes of these regulations.
[Ord. No. 8.460 (Bill No. 2571)
§1, 1-16-2014; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A.
No person shall be granted a site development permit for land-disturbing
activity that would require the grading of 1/2 acre or more without
an approved Erosion and Sediment Control Plan.
B.
Land disturbances areas less than 1/2 acre are required to have
perimeter erosion and siltation controls that protect off-site properties,
road right-of-way, storm sewer and drainage ways per the Erosion and
Sediment Control Manual. However, these areas are subject to the requirements
of erosion and sediment control and to enforcement as stated in this
Article.
C.
No site development permit is required for the following activities:
D.
Application for erosion and sediment control permit shall be made
by the property owner or his/her authorized representative to the
Community Development Director. A review fee of two hundred dollars
($200.00) shall accompany each application which shall be made payable
to the City of Arnold. If the erosion and sediment control plan is
submitted as part of the commercial or subdivision application the
above fee does not apply.
E.
Each application shall include a statement that any land clearing,
construction, or development involving the movement of earth shall
be in accordance with the Erosion and Sediment Control Plan and that
a certified contractor shall be on site on all days when construction
or grading activity takes place.
F.
An escrow agreement shall be submitted by the property owner or his/her authorized representative to the Community Development Director and approved prior to the approval of the erosion and sediment control permit. Estimate for escrow must include all costs of grading improvements, erosion and sediment control, landscaping, maintenance of improvements during construction. The escrow agreement shall meet the minimum requirements set forth in the Subdivision Ordinance (Chapter 410 of this Code).
G.
The purpose of escrow is to complete installation or in the event
of failure will cover the cost to repair improvements installed on
the site. Upon completion of grading, the site developer shall submit
verification that grading was performed as specified in the site development
grading plan. Such verification shall be certified by a registered
professional engineer or land surveyor licensed in the State of Missouri.
Ten percent (10%) of the escrow funds shall be held until the public
improvements are accepted by the City of Arnold to ensure that the
erosion and sediment control measures are maintained. If there are
no public improvements, the final ten percent (10%) will be held until
all construction on the site has been completed and ground cover has
been established on the site.
[Ord. No. 8.460 (Bill No. 2571)
§1, 1-16-2014; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A.
Each application for Erosion and Sediment Control Plan will be reviewed
to determine its conformance with the provisions of this regulation.
After review of application Community Development will 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 conditions as stated;
or
3.
Disapprove the permit application, indicating the reasons and
procedure for submitting a revised application and/or submission.
B.
Applicant or representative shall not proceed without permit approval.
[Ord. No. 8.460 (Bill No. 2571)
§1, 1-16-2014; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A.
Predesign Conference. Prior to the submission of
the plan, the developer and his/her engineer are encouraged to schedule
a pre-design conference with the Director of Community Development.
Conference items that should be discussed include scope of the project,
applicability of erosion and sediment control, the ability to avoid
potential conflicts by using proactive design, review process and
construction phasing.
B.
Grading, Erosion and Sediment Control Plan. The
Erosion and Sediment Control Plan shall include the following information:
1.
A vicinity map drawn to scale of not less than two thousand
(2,000) feet equals one (1) inch, showing the relationship of the
site to its general surroundings.
2.
A natural resources map identifying soils, forest cover, and
resources protected under other Chapters of this Code. This map should
be no smaller than one inch equals one hundred (100) feet.
3.
The developer shall submit a schedule or phasing plan that
shall identify the expected date on which clearing will begin, the
estimated duration of exposure of cleared areas and the sequence of
clearing, installation of temporary sediment control measures, installation
of storm drainage, paving streets and parking areas and establishment
of temporary and permanent vegetative cover. The Community Development
Department may waive specific requirements for the content of submissions
upon finding that the information submitted is sufficient to show
that the work will comply with the objectives and principles of these
regulations.
4.
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.
5.
The existing and proposed contours of two (2) foot intervals
for the subject property, extending off site one hundred fifty (150)
feet minimum for proper design of proposed improvements.
6.
The location of existing and proposed property lines, streets,
sinkholes, area within the tract subject to inundation by storm water,
railroads, easements of record and other significant natural features
such as wooded areas, pasture land, rock formations, creeks and ponds
or lakes with surface area and elevation shown thereon.
7.
The location of all the existing and proposed stormwater facilities
such as inlets, manholes, culvert pipes, bridges or channels, erosion
control devise and storm water detention facilities. Include provisions
for maintenance of such stormwater facilities during construction.
8.
The erosion and sediment control plan shall be prepared at
a scale not less than fifty (50) feet equals one inch or at a scale
indicated based on the information provided.
9.
Cut/fill calculations shall be provided. Should grading operations
involve haul-on or haul-off of material, applicant shall identify
what routes are proposed for use and the anticipated volume of truck
traffic.
10.
Creeks and land with slopes greater than forty-five percent
(45%) shall not be disturbed.
11.
The developer shall provide a geotechnical report addressing
the integrity and stability of all existing and proposed slopes steeper
than three (3) horizontal to one (1) vertical (3:1 slope).
C.
At the time the permit is issued, the developer and or representative
shall meet with Community Development Staff to discuss the requirements
of permit.
D.
After the permit is issued, modifications to the plan shall be identified
on the permit plans by the certified contractor. The updates must
be provided to the City as an amendment to the permit.
[Ord. No. 8.460 (Bill No. 2571)
§1, 1-16-2014; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A.
Grading, erosion control practices, sediment control practices,
and waterway crossings shall meet the design criteria set forth in
this code and shall be adequate to prevent transportation of sediment
from the site.
B.
Cut and fill slopes shall be no steeper than 3:1, unless a geotechnical
report is provided addressing the integrity and stability of the slope.
C.
Clearing and grading of any land or natural resources, such as forests
and wetlands, shall not be permitted, except when in compliance with
all other Chapters of this Code. Clearing techniques that retain natural
vegetation and drainage patterns shall be used.
D.
Clearing, except that necessary to establish sediment control devices,
shall not begin until all sediment control devices have been installed
and have been stabilized.
E.
Phasing shall be required on all sites disturbing greater than ten
(10) acres, with the size of each phase to be established at plan
review.
F.
Erosion control requirements shall include the following:
1.
Soil stabilization shall be completed within five (5) days
of clearing or inactivity in construction.
2.
Excavations and fills within fifteen (15) feet of adjoining
property boundaries shall be supported to protect the adjoining property
from erosion, sliding or settling.
3.
If seeding or another vegetative erosion control method is
used, it shall become established within two (2) weeks or The Department
may require that the site be reseeded or a non-vegetative option employed.
4.
Special techniques that meet the design criteria outlined in
the Erosion and Sediment Control Manual on steep slopes or in drainage
ways shall be used to ensure stabilization.
5.
Soil stockpiles must be stabilized or covered at the end of
each workday.
6.
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.
7.
Techniques shall be employed to prevent the blowing of dust
or sediment from the site.
8.
Techniques that divert upland runoff past disturbed slopes
shall be employed.
9.
Permanent post-construction stormwater Best Management Practices
(BMP) are highly susceptible to sediment laden construction runoff.
Construction of these BMP's shall be installed after all other improvements
are completed, if possible. When construction of BMPs must coincide
with active construction areas, the BMPs shall be kept offline and
protected until the contributing drainage area is stabilized.
G.
Sediment controls shall include:
1.
Settling basins, sediment traps, or tanks and perimeter controls.
H.
Waterway and watercourse protection requirements shall include:
1.
A temporary stream crossing installed and must be approved
by the City, Department of Natural Resources or Corp of Engineers
if a wet watercourse will be crossed regularly during construction.
2.
Stabilization of the watercourse channel before, during, and
after any in-channel work.
3.
All on-site stormwater conveyance channels designed according
to the criteria outlined in Erosion and Sediment Control Manual.
I.
Construction site access requirements shall include:
[Ord. No. 8.460 (Bill No. 2571)
§1, 1-16-2014; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A.
Grading and excavation shall not commence until proof of compliance
has been submitted to the Community Development Director for the following
as necessary:
[Ord. No. 8.460 (Bill No. 2571)
§1, 1-16-2014; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A.
Community Development or 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 Community Development Department and
shall be maintained at the site during the progress of the work. To
obtain inspections, the permittee shall notify Community Development
at least one (1) working day before the following:
B.
The permittee or agent shall make regular inspections of all control
measures as project progresses as itemized above. 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 Community
Development Department.
C.
The permittee or agent shall make other inspections every seven
(7) days, after a rain event of five-tenths (0.5) inches or larger,
and as needed to maintain adequate control measures. These inspections
shall be documented in written form and submitted to the Community
Development Department.
