HomeMy Public PortalAboutCity of Ballwin 3/19/2021 Ballwin, MO Code of Ordinances
Chapter 11 -GRADING,EROSION AND SEDIMENT CONTROL
Footnotes:
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Editor's note—Ord.No.04-07.§2,adopted Jan.26,2004,repealed the former Ch. 11.§§11-1, 11-2. 11-16-11-20,and enacted a new Ch. 11 as set out herein. The former
Ch 11 pertained to similar subject matter and derived from Code 1973.§§10/::-2-10/::-7;Ord.No.03-07,§2,adopted Jan.27,2003.
Cross reference—Definitions and rules of construction generally,§1-1.5 et seq.;buildings and structures,ch. 7;flood hazard areas,ch. 10:licenses and business
regulations,ch. 14:planning and development,ch. 19:streets and sidewalks.ch.24;grading around family swimming pool area,§26-123.
State Law reference—Mining regulations,RSMo Ch.293;rights and duties of miners and mine owners,RSMo Ch.444.
ARTICLE I.-IN GENERAL
Sec.11-1.-Introduction/purpose.
(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.Deposits of eroded soil also
necessitate maintenance of sewers and ditches and the dredging of lakes.In addition,clearing and grading during construction cause the
loss of native vegetation necessary for terrestrial and aquatic habitat.Construction activities also utilize materials and generate wastes,
which if not properly controlled can pollute receiving waters.
(b) The purpose of this article is to safeguard persons,protect property,and prevent damage to the environment in the city.This article will
also 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.
(Ord.No.04-07,§2,Exh. 1, 1-26-04)
Sec.11-2.-Definitions.
For the purposes of this article,the following terms,phrases,words,and their derivations shall have the meanings given herein.
Best management practices or BMPs:Practices,procedures or a schedule of activities to reduce the amount of sediment and other pollutants in
stormwater discharges associated with construction and land disturbance activities.
Clearing:Any activity that removes the vegetative surface cover.This includes clear cutting and timber removal even if the stump portion of the
vegetation is not removed from the ground.
Construction or land disturbance site or site:A parcel of land or a contiguous combination thereof,where grading work is performed.
Drainageway:Any channel that conveys surface runoff through a site.
Erosion:The wearing away of land surface through the action of wind,water,gravity,or any combination of those forces.
Erosion control:Any BMP that prevents or minimizes erosion.
Grading:Reshaping the ground surface through relocation,removal and/or placement of manmade or natural materials,including the resulting
conditions.
Land disturbance activities:Any activity or use of land such as but not limited to clearing,grading,occupancy,transportation or any other action
which results in removal or destruction of the natural site vegetation and destruction of or damage to the root zone or otherwise results in leaving
the ground surface exposed to soil erosion through the action of wind,water or gravity.
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 each phase substantially completed before the commencement of the next.
Runoff coefficient:The fraction of total rainfall that will appear at the outfalls from a site.
Sediment control:Any BMP that prevents eroded sediment from leaving a site.
Site disturbance permit:A permit issued by the city authorizing disturbance of the land at a specific site subject to conditions stated in the
permit.
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Stabilization:The use of BMPs that prevent exposed soil from eroding.This may include site improvements,grading and structures for the
control of erosion and runoff.
Start of construction:The first land-disturbing activity associated with a development,including mobilization,site access,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.
Stormwater pollution prevention plan(SWPPP):A management plan,the purpose of which is to ensure the design,implementation,management
and maintenance of BMPs in order to reduce the amount of sediment and other pollutants in stormwater discharges associated with land
disturbance activities,comply with the standards of the city and ensure compliance with the terms and conditions of the applicable state permits,
including adherence to the land disturbance program contained in Missouri state issued MS4 NPDES permit.
Water course: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.04-07,§2,Exh. 1, 1-26-04;Ord.No. 11-37,§ 1,9-12-11)
Sec.11-3.-Permits.
(a) A land disturbance permit must be issue by the City of Ballwin for any land disturbance activity that will disturb 10,000 or more square
feet or for any land disturbance activity for and area of any size that the city engineer determines will create an erosion,flooding,or
sedimentation hazard.
(b) A new or separate land disturbance permit must be issued for any parcel separated and transferred to new ownership from a parcel for
which a land disturbance permit was previously issued pursuant to subsection(a)above unless the separated parcel has been purchased
for the purpose of building a private residence or structure and the original permittee retains responsibility for the land disturbance
activities on the separated parcel.
(c) Land Site disturbance permits are not 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 and operating on the day of adoption of
this ordinance.
(d) Each permit application shall bear the name(s)and address(es)of the owner or developer of the site,and of any grading or development
consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm and shall be
accompanied by a filing fee.
(e) Each land disturbance permit application shall be accompanied by a stormwater pollution prevention plan(SWPPP),prepared for the
specific site by or under the direction of a professional engineer or landscape architect registered in the state and a statement that any
land clearing,construction,or development involving the movement of earth shall be in accordance with the stormwater pollution
prevention plan.
(f) The permit applicant will be required to file a surety in the form of a faithful performance bond,letter of credit,or other improvement
security acceptable to the city.The land disturbance permit surety bond shall be in the following amounts as determined by the city
engineer to cover all costs for the maintenance of improvements,and all engineering and inspection costs necessary to complete any
incomplete work or correct any failure on the part of the permittee to repair or maintain improvements installed on the site for such
period as is specified within the land disturbance permit.
Land disturbance activity:110 percent of the value of the work.
Nonpublic improvements:Ten percent of the value of the work.
Public improvements:110 percent of the value of the work.
The surety will be reduced or an amount released equal to the amount of the surety deposited with the Metropolitan St.Louis Sewer District
(MSD)for work and improvements physically located on the parcel for which the permit is being issued or are exclusively associated with the land
disturbance and improvements to the parcel.
Land disturbance activities include clearing,grubbing,grading,mining,filling,SWPPP,retaining walls.
Nonpublic improvements include site improvements which will not be maintained by a governmental agency or a subdivision association.
Public improvements include all physical site improvements constructed within publicly dedicated street rights-of-way and storm and sanitary
sewer systems that will be maintained by a public agency.
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(g) The permit applicant will be required to obtain a land disturbance permit issued by the Missouri Department of Natural Resources for any s
where one acre or more of land will be disturbed,before beginning any site work authorized by a city permit.This requirement applies to si
less than one acre that are part of a larger common plan that will ultimately disturb one acre or more.
The permit applicant will also be required to obtain project approval and permits as may be applicable from MoDOT,MSD,St.Louis County and
any other governmental agency with jurisdiction in Ballwin and over the land subject to this Ballwin Land Disturbance Permit before Ballwin will
issue a land disturbance permit.
(h) The following fees shall be due for permits issued hereunder:
(1) A one-time permit issue fee of$100.00;
(2) An annual grading inspection fee payable on the issuance of the permit and renewable each year thereafter in the initial and annual
renewal amounts of$1,200.00 plus an amount derived by multiplying the number of acres comprising the of area covered by the
permit times$150.00.
In those situations where all grading is completed on or before six months of the date of the permit issuance fee payment,the city shall refund
50 percent of the grading inspection fee to the named person originally applying for the grading permit.Permits are not transferable.
(Ord.No.04-07,§2,Exh. 1, 1-26-04;Ord.No.05-18,§ 1,3-14-05;Ord.No. 11-37,§1,9-12-11)
Sec.11-4.-Stormwater pollution prevention plan(SWPPP).
(a) The design requirements in section 11-5 shall be taken into consideration when developing the stormwater pollution prevention plan and
the plan shall include the following:
(1) Name,address and telephone number of the site owner and the name,address and telephone number of the individual who will be
in overall responsible charge of construction/development activities at the site.
(2) Site address or location description.
(3) A site map showing the outlines of the total project area,the areas to be disturbed,existing land uses,locations and names of surface
water bodies,locations of temporary and permanent BMPS and such other information as the city engineer may require.
(4) Existing contours at a minimum of two-foot intervals of the site and at least 50 feet onto the adjoining strips of off-site property and
proposed contours after completion of the proposed grading and development,based on United States Geological Survey datum,
with established elevations at buildings,walks,drives,street and roads;and information on necessary clearing and grubbing,removal
of existing structures,excavating,filling,spreading and compacting.
(5) A natural resources map identifying soils,forest cover,and resources protected under other chapters of this Code.
(6) An estimate of the runoff coefficient of the site based on 100 percent perviousness and the runoff coefficient after the construction
addressed in the permit application is completed.
(7) Estimated grading,silt control,retaining walls,detention basin outfall and sodding,revegetation,truck and equipment wash down
area(s)and other items of work related to grading quantities.
(8) Details of the site drainage pattern both before and after major grading activities,along with details of the site drainage system that
will be utilized during the grading operation.Calculations shall be provided that will verify that the site drainage system has been
designed properly.
(9) Construction access to site.
(10) Description of BMPs to be utilized to control erosion and sedimentation during the period of land disturbance.
(11) Description of BMPs to be utilized to prevent other potential pollutants such as construction wastes,toxic or hazardous substances,
petroleum products,pesticides,herbicides,site litter,sanitary wastes and other pollutants from entering the natural drainage ways
during the period of construction and land disturbance.
(12) Description of BMPs that will be installed during land disturbance to control pollutants in stormwater discharges that will occur after
land disturbance activity has been completed.
(13) Location of temporary off-street parking,and washdown area and water sources for related vehicles.
(14) Sources of off-site borrow material or spoil sites,and all information relative to haul routes,trucks and equipment.Approval of the
haul route from the agency having jurisdiction over the road(s)along the haul route.
(15) The anticipated sequence of construction and land disturbance activities,including installation of BMPS,removal of temporary BMPs,
stripping and clearing;rough grading;construction of utilities,infrastructure,and buildings;and final grading and landscaping.
Sequencing shall identify the expected date(s)on which clearing will begin,the estimated duration of exposure of cleared areas,areas
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of clearing,installation of temporary erosion and sediment control measures,and establishment of permanent vegetation.
(16) All erosion and sediment control measures necessary to meet the objectives of this ordinance throughout all phases of construction
and after completion of site development.Depending upon the complexity of the project,the drafting of intermediate plans may be
required at the close of each season.
(17) Seeding mixtures and rates,types of sod,method of seedbed preparation,expected seeding dates,type and rate of lime and fertilizer
application,and kind and quantity of mulching for both temporary and permanent vegetative control measures.Off-site areas shall
be restored with sod of like type as the existing.
(18) Provisions for maintenance of erosion,sediment and stormwater management control facilities during the site disturbance phase,
including easements.
(19) Plans for responding to any loss of contained sediment to include the immediate actions the permittee will take in case of a
containment failure.This plan must include documentation of actions and mandatory reporting to the department of public works.
(20) Schedules and procedures for routine inspections of any structures provided to prevent pollution of stormwater or to remove
pollutants from stormwater and of the site in general to ensure all BMPs are continually implemented and are effective.
(b) 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 SWPPP or any BMP;
(4) Inspections by the city or by the Missouri Department of Natural Resources indicate deficiencies in the SWPPP or any BMP;
(5) The SWPPP is determined to be ineffective in significantly minimizing or controlling erosion or excessive sediment deposits in streams
or lakes;
(6) The SWPPP is determined to be ineffective in preventing pollution of waterways from construction wastes,chemicals,fueling facilities,
concrete truck washouts,toxic or hazardous materials,site litter or other substances or wastes likely to have an adverse impact on
water quality;
(7) Total settleable solids from a stormwater outfall exceeds 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 2.5 ml/L/hr for any other outfall;or
(9) The city or the Missouri Department of Natural Resources determines violations of water quality standards may occur or have
occurred.
(c) The permittee shall:
(1) Notify all contractors and other entities(including utility crews,city employees,or their agents)who will perform work at the site,of
the existence of the SWPPP and what actions or precautions shall be taken while on site to minimize the potential for erosion and the
potential for damaging any BMP;
(2) Determine the need for and establish training programs to ensure that all site workers have been trained,as a minimum,in erosion
control,material handling and storage,and housekeeping;
(3) Provide copies of the SWPPP to all parties who are responsible for installation,operation or maintenance of any BMP;and
(4) Maintain a current copy of the SWPPP on the site at all times.
(Ord.No.04-07,§2,Exh. 1, 1-26-04;Ord.No.11-37,§1,9-12-11)
Sec.11-5.-Design requirements.
(a) Grading,erosion control practices,sediment control practices,and water course crossings shall be adequate to prevent transportation of
sediment from the site to the satisfaction of the city's representative.
(b) Cut and fill slopes shall be no greater than 3:1,except as approved by the city's representative to meet other community or
environmental objectives.
(c) Clearing and grading of natural resources,such as forests and wetlands,shall not be permitted,except when in compliance with all other
chapters of this Code.
(d) Clearing techniques that retain existing vegetation to the maximum extent practicable shall be used and the time period for disturbed
areas to be without vegetative cover shall be minimized to the extent practical,to the satisfaction of the city's representative.
(e) Clearing,except that necessary to establish sediment control devices,shall not begin until all sediment control devices have been
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installed and have been stabilized.
(f) Phasing shall be required on all sites disturbing greater than ten acres,with the size of each phase to be established at plan review and
as approved by the city's representative.
(g) Erosion control requirements shall include the following:
(1) Soil stabilization shall be completed within five days of clearing or inactivity in construction.
(2) If seeding or another vegetative erosion control method is used,it shall become established within two weeks or the department of
public works may require the site to be reseeded or a non-vegetative option employed.
(3) Techniques shall be employed to ensure stabilization on steep slopes and in drainage ways.
(4) Soil stockpiles must be stabilized or covered at the end of each workday,or perimeter controls must be in place to prevent silt from
the stockpile from leaving the site.
(5) The entire site must be stabilized,using a heavy mulch layer or another method that does not require germination to control erosion,
at the close of the construction season.
(6) Techniques shall be employed to prevent the blowing of dust or sediment from the site.
(7) Techniques shall be employed to divert upland runoff past disturbed slopes.
(h) Sediment control requirements shall include:
(1) Settling basins,sediment traps,or tanks and perimeter controls.
(2) Settling basins shall be provided for each drainage area with ten or more acres disturbed at one time and shall be sized to contain 0.5
inch of sediment from the drainage area and be able to contain a two-year,24-hour storm.If the provision of a basin of this size is
impractical,other similarly effective BMPs,as evaluated and specified in the SWPPP,shall be provided.
(3) Settling basins shall be designed in a manner that allows adaptation to provide long-term storm water management,as required by
the department of public works.
(4) Settling basins shall have stabilized spillways to minimize the potential for erosion of the spillway or basin embankment.
(5) Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls.
(i) Water course protection requirements shall include:
(1) Encroachment into or crossings of active water courses/riparian areas and wetlands shall be avoided to the maximum extent
practicable.Where applicable,all local,state and federal permits and approvals shall be provided to the department of public works
prior to the issuance of a site disturbance permit.
(2) Stabilization of any watercourse channels before,during,and after any in-channel work.
(3) If a defined watercourse is to be re-aligned or reconfigured,clearing and grubbing activities within 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 50 feet of the watercourse shall be recontoured and revegetated,seeded
or otherwise protected within five working days after grading has ceased.
(4) All storm water conveyances shall be designed according to the criteria of the Metropolitan St. Louis Sewer District(MSD)and the
necessary MSD permits obtained.However,the 25-year storm frequency shall be used in computing post development runoff.
(5) Stabilization adequate to prevent erosion shall be provided at the outlets of all pipes and paved channels.
(j) Construction site access requirements shall include:
(1) A temporary access road provided at all sites including a wash-down area with an identified water sources supporting all active sites,
(2) Other measures required by department of public works in order to ensure that sediment is not tracked onto public streets by
construction vehicles or washed with wash effluent channeled directly into storm drains.
(k) Control requirements for construction materials,construction wastes and other wastes generated on site shall include provisions,
satisfactory to the department of public works,for:
(1) Spill prevention and control facilities for materials such as paint,solvents,petroleum products,chemicals,toxic or hazardous
substances,substances regulated under the Resource Conservation and Recovery Act(RCRA)or the Comprehensive Environmental
Response,Compensation,and Liability Act(CERCLA),and any wastes generated from the use of such materials and substances,
including their containers.Any containment systems employed to meet this requirement shall be constructed of materials compatible
with the substances contained and shall be adequate to protect both surface and ground water.
(2) Collection and disposal of discarded building materials and other construction site wastes,including those listed in subsection(1)
above.
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(3) Litter control.
(4) Control of concrete truck washouts.
(5) Assurance that on-site fueling facilities will adhere to applicable federal and state regulations concerning storage and dispensers.
(6) Provision of sufficient temporary toilet facilities to serve the number of workers on site.
(Ord.No.04-07,§2, Exh. 1,1-26-04;Ord.No. 18-14,§ 1,10-22-18)
Sec.11-6.-Inspections.
(a) The city shall make inspections as hereinafter required and shall notify the permittee wherein the work fails to comply with the grading,
erosion and sediment control plan as approved.Plans for grading,stripping,excavating,and filling work bearing the stamp of approval of
the city's representative shall be maintained at the site during the progress of the work.To obtain inspections,the permittee shall notify
the city at least two working days before the following:
(1) Start of construction;
(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;and/or
(7) Completion of final landscaping.
(b) The permittee or his/her agent shall make regular inspections of the land disturbance site,including all erosion and sediment and other
pollutant control measures,outfalls and off-site receiving waters in accordance with the inspection schedule outlined in the approved
SWPPP.Inspections must be scheduled at least once per week and no later than 72 hours after heavy rain.The purpose of such
inspections will be to ensure proper installation,operation and maintenance of BMPs and to determine the overall effectiveness of the
SWPPP and the need for additional control measures.All inspections shall be documented in written form on weekly reports with copies
submitted to the department of public works within 144 hours after the heavy rain.The inspection reports are to include the following
minimum information:
(1) Inspector's name and signature;
(2) Date of inspection;
(3) Observations relative to the effectiveness of the BMPs;
(4) Actions taken or necessary to correct deficiencies;and
(5) A listing of areas where land disturbance operations have permanently or temporarily stopped.
In addition,the permittee shall notify the site contractor(s)responsible for any deficiencies identified so that deficiencies can be corrected
within seven calendar days of the inspection report.
(c) The department of public works shall make inspections as deemed necessary to ensure the validity of the reports filed under subsection
(b)or to otherwise ensure proper installation,operation and maintenance of storm water BMPs and to determine the overall
effectiveness of the SWPPP and the need for additional control measures.
(Ord.No.04-07,§2,Exh.1,1-26-04;Ord.No.18-14,§2,10-22-18)
Sec.11-7.-Enforcement.
(a) Stop-work order;revocation of permit.In the event that any person holding a site disturbance permit pursuant to this ordinance violates
the terms of the permit or implements site development in such a manner as to materially adversely affect the health,welfare,or safety
of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or
injurious to property or improvements in the neighborhood,the city engineer may suspend or revoke the site disturbance permit.
(b) Violation and penalties.No person shall construct,enlarge,alter,repair,or maintain any grading,excavation,or fill,or cause the same to
be done,contrary to or in violation of any terms of this ordinance.Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this ordinance is committed,
continued,or permitted,shall constitute a separate offense. Upon conviction of any such violation,such person,partnership,or
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corporation shall be punished by a fine of not more than$1,000 for each offense.In addition to any other penalty authorized by this
chapter,any person,partnership,or corporation convicted of violating any of the provisions of this ordinance shall be required to bear
the expense of such restoration.
(c) Project closure requirements.Any site development escrows or bonds will be not be fully released to the site operator or permittee until
all of the following have been completed:
(1) All temporary storm water control BMPs have been removed and the site has been fully stabilized.
(2) All permanent storm water control BMPs have been completed.
(3) All final inspections/certifications have been completed by each of the government jurisdictions involved in authorizing the project.
(4) The on-site and off-site areas have been revegetated whereas the city engineer has determined that erosion is no longer a concern.
(Ord.No.04-07,§2,Exh.1,1-26-04)
Secs. 11-8-11-25.-Reserved.
ARTICLE II.-PROCEDURAL GUIDANCE FOR CONSTRUCTION AND LAND DISTURBANCE ACTIVITIES AND RELATED STORM WATER CONTROL REQUIREMENTS
Footnotes:
---(2)---
Editor's note—Section 1 of Ord.No.04-09,adopted Feb.23,2004,added provisions to the Code,but did not specify manner of inclusion.Therefore,at the discretion of the
editor,said provisions have been included as Art.II herein.
Sec.11-26.-Purpose.
The purpose of this guidance manual is to provide direction to municipal officials and staff for implementing the provisions of municipal
ordinances pertaining to regulation of land disturbance activities and related storm water controls.This guidance will help promote efficient plan
reviews and processing of permit applications so as to benefit the community and to ensure compliance with the terms of the City of Ballwin's state
issued MS4 NPDES permit.Certain requirements of Section 4.2.4 of the MS4 permit,as referenced below,are addressed within this guidance
manual.
(Ord.No.04-09,§1,Exh.1,2-23-04)
Sec.11-27.-General provisions.
(a) The department of public works shall be responsible for enforcing the provisions of the Grading,Erosion and Sediment Control
Ordinance#04-07(codified as Article I herein).The department of public works shall review all permit applications submitted pursuant to
that ordinance and shall issue permits with such conditions as deemed appropriate to enable compliance with the grading ordinance and
other related ordinances.The department shall conduct all required inspections of permitted sites and shall be responsible for initiating
enforcement actions when violations are identified.
(b) Persons who intend to disturb land within the city,will be reminded,at the time of initial contact with municipal officials,of the need to
obtain a separate land disturbance permit from the Missouri Department of Natural Resources for any construction or land disturbance
activity that will result in disturbance of one acre or more of land.Persons,intending to disturb such acreage must be informed that site
work may not commence until the state permit has been obtained.No municipal permit,for sites of one acre or above,will be issued
until a land disturbance permit has been issued by DNR.
(Ord.No.04-09,§1,Exh.1,2-23-04)
Sec.11-28.-Water quality considerations.
During review of site plans,storm water pollution prevention plans(SWPPP)and other documents submitted as part of the permit application,
department staff shall consider the potential water quality impacts of the project both during the construction/land disturbance phase and after
site development is fully complete.Department staff should consider the provisions within the Missouri Water Quality Standards,the Missouri
Impaired Waters list(303(d)list),the federal Endangered Species Act,the National Historic Preservation Act and proximity to water bodies identified
by MDNR as"valuable resource waters"(see below).To the maximum extent practicable under state and local laws,the department shall include
such conditions in permits as are appropriate to prevent or minimize impacts on water quality.Department staff shall solicit comments or advice,
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when deemed appropriate,from the Missouri Department of Natural Resources,the Missouri Department of Conservation,the Soil and Water
Conservation District,U.S.Army Corps of Engineers and such other state and national regulatory bodies as may have expertise related to a specific
project or area.(See Section 4.2.4.2.4 of the MS4 permit)
ATTACHMENT TO PROCEDURAL GUIDANCE
LISTING OF MISSOURI VALUABLE RESOURCE WATERS
The Missouri Department of Natural Resources imposes additional requirements in state land disturbance permits for sites from which storm
water will discharge to"valuable resource waters."The following table identifies water bodies defined as"valuable resource waters"in MDNR
General Permit MO-R109000 and the distances from such water bodies within which additional permit requirements apply:
VALUABLE RESOURCE WATERS
WATER BODY* PERMIT MO-R109000 CONDITIONS APPLY IF DISCHARGES
FROM A LAND DISTURBANCE SITE ARE WITHINTHE FOLLOWING
DISTANCES FROM THE WATER BODY
Losing stream 1,000 feet
Outstanding National or State Resource Water 1,000 feet
Class L1 lakes or reservoirs used for public drinking water 1,000 feet
supply
Water body identified as critical habitat for endangered species 1,000 feet
Class P stream 100 feet
Class L2 reservoir l 100 feet
Biocriteria reference locations 2 miles upstream
Class W(Wetland that meets the criteria in the Corps of On site
Engineers Delineation Manual(January 1987)
Groundwater Discharge to a sinkhole or other direct conduit to groundwater
*See listings in Missouri Water Quality Standards 10 CSR 20-7.031
(Ord.No.04-09,§1,Exh.1,2-23-04)
Sec.11-29.-Public inquiries/complaints.
The department of public works shall maintain a system for recording and tracking inquiries and complaints received from the public regarding
proposed and active land disturbance sites within the city.The following information shall be logged,on a standard form,for each
inquiry/complaint:
• Date;
• Name,address and telephone number of the inquiring/complaining party;
• Nature of inquiry/complaint,including all pertinent information related thereto;and
• Follow-up action.If an inspection is performed,all information regarding the date and time,inspector's name,findings and any
mitigation or enforcement actions initiated shall be recorded.
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All inquiries or complaints must be logged.However,it is up to the sole discretion of the department of public works,with such
consultation with other departments or agencies as may be deemed appropriate,as to whether any follow-up action is deemed
appropriate.If no follow-up action is deemed necessary,a short explanation shall be recorded on the standard inquiry form.(See Section
4.2.4.2.5 of the MS4 permit)
(Ord.No.04-09,§ 1, Exh. 1,2-23-04)
Sec.11-30.-Inspections/reports.
The department of public works shall inspect each permitted site at the frequency specified in the sections 11-1 through 11-7 and at such other
times as necessary to follow-up on public inquiries/complaints or to follow-up on previously identified deficiencies.The results of all inspections
shall be recorded in written reports and maintained in the project file.Inspections shall be carried out in such a way as to determine whether the
site operator is complying with all provisions of the City of Ballwin permit.(See Section 4.2.4.2.6 of the MS4 permit)
(Ord.No.04-09,§ 1,Exh. 1,2-23-04)
Sec.11-31.-Transfer of ownership.
(a) Individual lot or lots.City of Ballwin ordinances require a permit,as well as controls for sediment,erosion and other construction site
pollutants for disturbed areas of land in excess of one acre disturbed as part of a common plan or sale.That language means the lot(s)
when sold to an entity for construction(unless sold to an individual for purposes of building their own private residence)are also subject
to ordinance requirements because they are part of the common sale.A current permittee who intends to transfer ownership of a lot or
parcel of the overall permitted area is still responsible for the terms of the city permit and the SWPPP and erosion control on that site
unless the new owner applies for and receives a separate permit for land disturbance activities.If the current permittee is to retain the
permit and responsibility for control of sediment and other pollutants at the site,then the owner should obtain a copy of an individual lot
certification(ILC)from the lot owner(s).The ILC should be properly completed and signed and retained with the SWPPP.
(b) Entire tract.If the entire tract is sold to a single entity,then the city permit shall be terminated and the new owner shall submit an
application for a new permit immediately.
(Ord.No.04-09,§1,Exh.1,2-23-04)
Sec.11-32.-Reference sources.
The staff will provide every permit applicant with the following list of reference and guidance documents,which may be employed in
development of the SWPPP.For activities requiring state land disturbance permits,the first two documents listed are considered mandatory
references for all applicants.
"Storm Water Management for Construction Activities—Developing Pollution Prevention Plans and Best Management Practices"
September 1992-United State Environmental Protection Agency Office of Water,EPA 832-R-92-005;
"Protecting Water Quality—A field guide to erosion,sediment and storm water best management practices for development sites in
Missouri and Kansas"September 1998—Prepared by the St.Charles County Soil and Water Conservation District,St.Charles,Missouri,
the Dam and Reservoir Safety Program,Division of Geology and Land Survey,Missouri Department of Natural Resources, Rolla, Missouri;
"Urban Conservation Policy Handbook"june 1998—The Mid-America Association of Conservation Districts,The Missouri Department of
Natural Resources,The United States Environmental Protection Agency Region VII;
"Missouri Standards and Specifications for Highway Construction"1999 or latest edition—Missouri Highways and Transportation
Commission;
"Standard Construction Specifications for Sewers and Drainage Facilities"2000 or latest edition—Metropolitan St.Louis Sewer District;
"Rules and Regulations and Engineering Design Requirements for Sanitary Sewage and Storm Water Drainage Facilities"February 1997 or
latest edition—Metropolitan St.Louis Sewer District;
"Standards Specification for Highway Construction"January 1, 1997 or latest edition—St.Louis County Department of Highways and
Traffic;
"Design Criteria Book for the Preparation of Improvement Plans"March 1,2000 or latest edition(Storm Water Design 50.10 to 50.60.)—
St.Louis County Department of Highways and Traffic;
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Any City of Ballwin specific guidance documents.
The permit applicant is not limited to the use of these guidance manuals.Other commonly accepted publications may be used for
guidance and must be referenced in the SWPPP.
(Ord.No.04-09,§ 1,Exh.1,2-23-04)
Sec.11-33.-Inspections.
The department of public works will conduct inspections of storm water BMPs as follows and at such time the area(s)is(are)accessible:
(1) Receipt of notification from the permittee that BMPs are in place;
(2) Receipt of a complaint;
(3) Heavy rain storm;
(4) Receipt of notification from the permittee that the construction season is closing;
(5) Receipt of notification from the permittee that the final grading is complete;
(6) Completion of the revegetation of the site.
(See section 11-6 and Section 4.2.4.2.6 of the MS4 permit)
(Ord.No.04-09,§1,Exh. 1,2-23-04)
ARTICLE III.-STORMWATER
Sec 11-34.-Approval.
The city's representative and the Metropolitan St.Louis Sewer District(MSD)shall review,stamp and sign improvement plans bearing the seal
and signature of a Missouri licensed engineer setting out the storm and sanitary sewer designs,detention,grading,water quality and related
stormwater runoff improvements meeting all standards of design and function currently on record at MSD for all land developments submitted to
Ballwin for approval.Compliance with MSD standards shall only be certified by the submittal to Ballwin of plans and specifications bearing MSD's
stamp and written approval.
(Ord.No. 11-21,§2,6-13-11;Ord.No. 18-14,§3, 10-22-18)
Sec.11-35.-Waiver by board of aldermen.
MSD's design standards as required in section 11-34 shall apply to small development proposals that do not meet MSD's threshold for
applicability.The City of Ballwin shall request that MSD conduct plan review of such development proposals.However,the board of aldermen shall
retain the authority to waive compliance with the MSD standards if it is determined that the proposed facilities are redundant or otherwise
unnecessary.
(Ord.No.04-07,§2,Exh. 1,1-26-04;Ord.No. 11-37,§ 1,9-12-11)
Sec.11-36.-Stormwater standards.
(a) Any lot,parcel of ground,site or land which is nonconforming to MSD detention and/or water quality standards currently in force upon
the date of adoption of this ordinance may continue to be nonconforming to such standards as they may be amended and changed in
the future as long as the lot,parcel,site or land improvements in place on the date of adoption of this ordinance are not changed or
modified in any way.
(b) If any portion of any legally nonconforming lot,parcel,site or land that is developed in a use other than single family residential is
physically altered,redeveloped,changed or amended in any way,it shall be brought into compliance with MSD's stormwater detention
and water quality standards currently in effect on the date of such change to the lot,parcel,site or land pursuant to section 11-34 as
follows:
(1) Any lot,parcel,site or land improvement change that impacts or involves in any way up to one-third of the gross area of the
nonconforming portion of the lot,parcel,site or land shall include detention and water quality improvements that meet the MSD
standards of capacity and size necessary to accommodate a full one-third of the gross area of the lot,parcel,site or land.
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(2) Any lot,parcel,site or land improvement change that impacts or involves in any way more than one-third of the gross area of the nonco
portion of the lot,parcel,site or land up to two-thirds of the gross area of the nonconforming portion of lot,parcel,site or land shall incl
detention and water quality improvements that meet the MSD standards of capacity and size necessary to accommodate a full two-thirc
gross area of the lot,parcel,site or land.
(3) Any lot,parcel,site or land improvement change that impacts or involves in any way more than two-thirds of the gross area of the
nonconforming portion of lot,parcel,site or land up to the entire gross area of the nonconforming portion of lot,parcel,site or land
shall include detention and water quality improvements that meet the MSD standards of capacity and size necessary to
accommodate the entire lot,parcel,site or land.
(4) Said improvements shall not be triggered by the replacement or enhancement of landscaping materials within established
landscaped areas of a site,purely architectural amendments to an existing building on a site,the placement of an otherwise legal sign
upon a site or the change of occupancy of any portion of any building or tenant space within an existing building provided that there
are no changes to the site improvements associated with such occupancy change.
(c) Because single family residential development has a low percentage of imperviousness,the provisions of this section shall not apply to
the redevelopment of any portion of any legally nonconforming lot,parcel,site or land that is developed in a single family residential use
if the area being disturbed is less than one acre.
(Ord.No.11-21,§2,6-13-11)
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