HomeMy Public PortalAboutCity of Bellefontaine NeighborsINTRODUCED BY ALDERMAN MIGLIAZZO
BILL NO. 2157 ORDINANCE NO. aD1 1
AN ORDINANCE AMENDING CHAPTER 5 OF THE
BELLEFONTAINE NEIGHBORS MUNICIPAL CODE RELATING TO
REGULATION OF LAND DISTURBANCE ACTIVITIES,
INSPECTIONS, COLLECTION OF FEES AND PENALTIES FOR
VIOLATIONS.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
BELLEFONTAINE NEIGHBORS, MISSOURI, AS FOLLOWS:
SECTION 1. Chapter 5 of the Code of Ordinances of the City of
Bellefontaine Neighbors, Missouri, is hereby amended by the addition of a
new Article and new Sections, initially to be designated as Article XI and
Sections 5-250 through 5-350, to read as follows:
ARTICLE XI - LAND DISTURBANCE CODE
SECTION 5-250 SCOPE
5-250.1 Title: These regulations shall be known as the "Land
Disturbance Code" of Bellefontaine Neighbors, Missouri, hereinafter
g
referred to as "this Code."
5-250.2 Introduction: On Construction or Land Disturbance Sites, 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
9
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.
5-250.3 Purpose: The purpose of this Code is to safeguard persons,
protect property, and prevent damage to the environment in
Bellefontaine Neighbors. This Code 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
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breaks the topsoil or results in the movement of earth on land in
Bellefontaine Neighbors.
5-250.4 Scope: This Code provides for the safety, health and welfare
of the public by regulating and controlling the design, construction,
use, and maintenance of any development or other activity that
disturbs land surfaces or results in the movement of earth in
Bellefontaine Neighbors, Missouri.
5-250.5 Definitions: For the purpose of this Code, the following terms,
phrases, words, and their derivations shall have the meanings given
herein. Where terms are not defined by this section, such terms shall
have ordinarily accepted meanings such as the context implies.
Best Management Practices or BMP: Practices, procedures or a
schedule of activities to reduce the amount of sediment and other
pollutants in storm water discharges associated with construction and
Land Disturbance Activities.
City Engineer: The Bellefontaine Neighbors City Engineer and Director
of Public Works and/or his/her designee
Clearing: Any activity that removes the vegetative surface cover.
Code or this Code: The "Land Disturbance Code" of Bellefontaine
Neighbors, Missouri.
County: St. Louis County, Missouri
Construction Site or Land Disturbance Site: A parcel or contiguous
parcels, where Land Disturbance Activities are performed as part of a
proposed development.
Drainage Way: Any channel that conveys surface runoff through a site.
Erosion: The wearing away of land surface through the action of wind
or water.
Erosion Control: Any Best Management Practices (BMP) that prevents
or minimizes erosion.
Grading: Reshaping the ground surface through excavation and/or fill
of material.
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Land Disturbance Activities: Clearing, grading or any related work
which results in removal of the natural site vegetation and destruction
of the root zone or otherwise results in leaving the ground surface
exposed to soil erosion through the action of wind or water.
Land Disturbance, Major: Any Land Disturbance Activity involving one
(1) acre or more of land, or a site involving less than one (1) acre that
is part of a proposed development that will ultimately disturb one (1)
acre or more.
Land Disturbance, Ordinary: Any Land Disturbance Activity involving
less than one (1) acre of land.
Land Disturbance Permit: A permit issued by the authority having
jurisdiction authorizing a Land Disturbance Activity at a specific site
subject to conditions stated in the permit. A Permit may be for either
Major or Ordinary Land Disturbance Activities.
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 stages, with the
stabilization of each phase substantially completed before the clearing
of the next.
Qualified Professional: A Missouri licensed professional engineer or
other person or firm knowledgeable in the principles and practices of
erosion and sediment control, including the Best Management
Practices described in this Code.
Runoff coefficient: The fraction of total rainfall that exits at the outfalls
from a site.
Sediment Control: Any Best Management Practices (BMP) that
prevents eroded sediment from leaving a site.
Stabilization: The use of Best Management Practices (BMP) that
prevent exposed soil from eroding from a land disturbance site.
Start of Construction: The first Land Disturbance Activity associated
with a development.
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Storm Water Pollution Prevention Plan (SWPPP): A management plan,
the purpose of which is to ensure the design, implementation,
management and maintenance of Best Management Practices (BMP) in
order to reduce the amount of sediment and other pollutants in storm
water discharges associated with Land Disturbance Activities, comply
with the standards of the County and ensure compliance with the
terms and conditions of the applicable state permits, including
adherence to the land disturbance program contained in Missouri MS4
N PD ES permits.
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.
SECTION 5-260.0 APPLICABILITY
The provisions of this Code shall not be deemed to nullify any
provisions of city, county, state or federal law.
SECTION 5-270.0 ENFORCEMENT
The City Engineer shall have the authority and responsibility to
administer and enforce the requirements of this Code.
SECTION 5-280.0 VIOLATIONS
5-280.1 Unlawful acts: It shall be unlawful for any person, firm or
corporation to perform any Land Disturbance Activities, or cause or
allow same to be done in conflict with or in violation of any of the
provisions of this Code.
5-280.2 Notices of Violations: When the City Engineer determines that
a violation of this Code exists he shall notify the violator. The
notification shall be in writing and shall be delivered to the violator or
his/her legally authorized representative or mailed to his last known
address via first class mail postage prepaid. Any person having been
notified that a violation exists and who fails to abate the violation
within ten days after notification shall be subject to the penalties
enumerated herein.
5-280.3 Prosecution of Violation: If the violator does not abate the
violation promptly, the City Engineer shall request the City legal
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counsel to institute the appropriate proceeding at law or in equity to
restrain, correct or abate such violation.
5-280.4 Violation, Penalties: Any person, firm or corporation who shall
violate any provision of this Code, or who shall fail to comply with any
of the requirements thereof, or who shall perform work in violation of
the approved construction documents or the Storm Water Pollution
Prevention Plan, or any directive of the City Engineer, or of a permit or
certificate issued under the provisions of this Code, or shall start any
work requiring a permit without first obtaining a permit therefore, or
who shall continue any work in or about a structure after having been
served a stop -work order, except for such work which that person,
firm or corporation has been directed to perform to remove a violation
or unsafe conditions, or any owner of a property or any other person
who commits, takes part or assists in any violation of this Code or who
maintains any property on which such violation shall exist, shall be
guilty of a misdemeanor, punishable by a fine of not more than
$1,000.00 or by imprisonment not exceeding 90 days, or both such
fine and imprisonment. Each day that a violation continues shall be
deemed a separate offense.
5-280.4.1 No -Permit Penalty: In addition to the penalties set out
above, the following procedure shall be followed where City Engineer
determines that work has been started prior to the acquisition of a
permit required by this Code:
1. The City Engineer shall issue a stop work order.
2. The City Engineer shall notify the violator of his/her
assessment regarding the appropriate penalty amount to
be assessed against the violator, which shall not exceed
One Thousand Dollars ($1,000.00) for each day that work
occurs without a permit. In making the assessment, the
City Engineer shall consider whether the violator has
previously violated this Code and whether the occupation
or experience of the violator indicates that he/she knew or
should have known that a permit was required. In no case
will a No- Permit Penalty be assessed against a property
owner unless he/she actually performed the work involved.
3. At the violator's option, he/she may deposit the
assessed penalty amount in escrow (certified check or cash
only) with the City, in which case the violator's right to a
hearing will be preserved.
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4. No -Permit Penalties are appealable to the Board of
Adjustment in the same manner as other code
enforcement decisions of the City Engineer.
5. At the hearing the City Engineer and the alleged
violator shall have an opportunity to present any evidence
or make any statements they wish to have considered.
6. Following the hearing the Board of Adjustment shall
determine whether a permit was required:
a.
b.
If the Board determines that a permit was required,
an appropriate penalty amount shall be assessed,
taking into account the same considerations as noted
above. The stop work order shall remain in full force
and effect until such time as the penalty and the
violator has complied with all other regulations
pertaining to the issuance of permits.
If the Board determines that no permit was required,
the City Engineer shall immediately cancel the stop
work order.
5-280.5 Abatement of violation: The imposition of the penalties herein
prescribed shall not preclude the City from instituting appropriate
action to prevent unlawful construction or to restrain, correct or abate
a violation, or to prevent illegal use of a property or to stop an illegal
act.
5-280.6 Permit Suspension or Revocation: When a Land Disturbance
Activity is conducted in violation of the requirements of this Code or
the terms of the permit in such a manner as to materially adversely
affect the safety, health or welfare of persons, or materially be
detrimental or injurious to property or improvements, the City
Engineer may suspend or revoke such permit.
5-280.7 Stop Work Order: Upon notice from the City Engineer that
work on any property is being prosecuted contrary to the provisions of
this Code or in an unsafe and dangerous manner, such work shall be
immediately stopped. The stop work order shall be in writing and shall
be given to the owner of the property involved, or to the owner's
agent, or to the person doing the work; and shall state the conditions
under which work will be permitted to resume.
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5-280.7.1 Unlawful Continuance: Whenever the City Engineer finds
that any Land Disturbance Activity is being prosecuted contrary to the
provisions of this Code or in an unsafe and dangerous manner, the
owner or the person performing such Activity shall immediately stop
such Activity. The stop work order shall be in writing and shall be
given to the owner of the property involved, or to the owner's agent,
or to the person doing the work; and shall state the conditions under
which work will be permitted to resume. Any person, who shall
continue any work in or about the property after having been served
with a stop work order, except such work as that person is directed to
perform to remove a violation or unsafe condition, shall be subject to
penalties as specified in this Code.
5-290.0 APPEALS
5-290.1 Application for appeal: Any person shall have the right to
appeal a decision of the City Engineer to the Board of Adjustment. An
application for appeal shall be based on a claim that the intent of this
Code or the rules or regulations adopted hereunder have been
incorrectly interpreted or the provisions of this Code do not apply.
5-290.1.1 Filing Procedure: All appeals shall be filed in writing with the
Department of Public Works. All appeals shall be filed within thirty (30)
days after the decision to be appealed is rendered by the departments
identified in this section.
5-290.1.2 Filing Fee: All appeals must be accompanied by a fee in the
amount specified by the Board of Aldermen from time to time.
5-290.2 Notice of Meeting: The Board of adjustment shall meet upon
notice from the Chairman, within ten days of the filing of an appeal, or
at stated periodic meetings.
5-290.3 Open Hearing: All hearings before the Board shall be open to
the public. The appellant, the appellant's representative, the
enforcement officer and any person whose interests are affected, shall
be given an opportunity to be heard.
5-290.4 Procedure: The Board may adopt procedures under which a
hearing will be conducted. The procedures shall not require compliance
with strict rules of evidence but shall mandate that only relevant
information be received.
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5-290.5 Board Decision: Decisions by the Board to reverse or modify a
decision by the City Engineer requires a minimum vote of three
members.
5-290.6.1 Resolution: The decision of the Board shall be in writing.
Copies shall be furnished to the appellant and to the City Engineer.
5-290.6.2 Court Review: A party adversely affected by a decision of
the Board may appeal to Circuit Court of St. Louis County from such
decision. Application for review shall be made in the manner and time
required by law following the filing of the decision.
SECTION 5-300.0 LAND DISTURBANCE PERMITS REQUIRED
5-300.1 Permit Required: Any person who intends to conduct any Land
Disturbance Activity must obtain a permit prior to beginning the
activity. The type of permit shall be as required by sections 300.1.1 or
300.1.2 in this Code.
Exception: Activities that do not require permits under Section 300.3
of this Code.
5-300.1.1 Major Land Disturbance Permit: No person shall perform
any Major Land Disturbance Activity prior to receipt of a Major Land
Disturbance Permit. Applications for Major Land Disturbance Permits
shall be filed with the City Engineer. In addition, land disturbance
activity over 1 acre must comply with the Missouri Department of
Natural Resources land disturbance permitting requirements.
Exception: Activities that do not require permits under section 300.3 of
this code.
5-300.1.2 Ordinary Land Disturbance Permit: No person shall perform
any Ordinary Land Disturbance Activity prior to receipt of an Ordinary
Land Disturbance Permit. Applications for Ordinary Land Disturbance
Permits shall be filed with the City Engineer.
Exception: Activities that do not require permits under section 300.3 of
this code.
5-300.1.2.1 Building Permit and related Ordinary Land Disturbance
Activities: The City Engineer may include Ordinary Land Disturbance
Activities associated with the construction of a building, structure, or
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parking lot authorized by a permit issued under the building code, as
an integrated permit for the proposed construction.
5-300.2 Limitation on Transfer of Land Disturbance Permits: Any
person who buys land from a person who has been issued a land
disturbance permit under sections 300.1.1 or 300.1.2 of this Code
must obtain a separate land disturbance permit.
Exceptions:
1. Major Land Disturbance permits may be transferred
to a new land owner provided the original permit holder
obtains the approval of the City Engineer to retain
responsibility for the Land Disturbance Activities on such
property.
2. Ordinary Land Disturbance permits may be
transferred to a new land owner provided the original
permit holder obtains the approval of the City Engineer to
retain responsibility for the Land Disturbance Activities on
such property.
5-300.3 Exceptions - Land Disturbance Permits Not Required: Land
Disturbance Permits are not required for the activities identified as
items 1 and 8 in this section, nor are such Permits required for the
activities identified in items 2,3,4,5,6 and 7, provided the activity does
not alter, or cause to be altered, the present surface of the ground:
a) by any cut or fill at the property line;
b) by any cut or fill that would permanently divert
one drainage area to another drainage area;
c) by any cut or fill which would deposit mud or
harmful silt, or create erosion or damage to
adjoining properties; or
d) by any cut or fill that would block or affect an
existing swale or drainage path in a manner to cause
damming and ponding.
1. Any emergency activity that is immediately
necessary for the protection of life, property, or natural
resources.
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2. Existing farming, nursery and agricultural operations
conducted as a permitted or accessory use.
3. Excavation or fill of less than thirty (30) cubic yards
provided the Land Disturbance Activity is for the
improvement of the property. Erosion and sediment
control measures shall be provided when necessary, until
grass or other vegetation is established or other approved
means of ground cover means are used.
4. Land Disturbance Activities associated with additions
to and accessory structures for one- and two-family
dwellings.
5. Land Disturbance Activities Tess than 2,000 square
feet in area.
6. Removal of existing or dying grass or similar
vegetation by disturbing not more than 10,000 square feet
and re -sodding or re -seeding with new landscaping to
include preparation of the seed bed; provided erosion and
sediment control measures are provided until the grass or
other vegetation is established. Any cut or fill in
conjunction with the preparation of the seedbed shall not
exceed thirty (30) cubic yards.
7. Gardening and similar activities on property occupied
by one- or two-family dwellings.
8. Land Disturbance Activities by any public utility for
the installation, inspection, repair or replacement of any of
its equipment or for its collection or distribution lines or
piping systems; provided erosion and sediment control
measures are provided until grass or other vegetation is
established or other approved ground cover means are
used. This exception does not apply to any Land
Disturbance Activity associated with work that requires a
building permit.
5-300.4 State of Missouri Permits Required: The permit applicant must
obtain a land disturbance permit from the State of Missouri
Department. of Natural Resources for any site where one (1) acre or
more of land will be disturbed, before beginning any site work
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authorized by a City permit. This requirement applies to sites of less
than one acre that are part of a proposed development that will
ultimately disturb one acre or more.
SECTION 5-310.0 LAND DISTURBANCE PERMIT APPLICATIONS
5-310.1 Permit applications: Applications for Land Disturbance permits
required by this Code shall be in the form prescribed by and
accompanied by the site plans and documents determined necessary
by the City Engineer.
5-310.2 Storm Water Pollution Prevention Plan Required (SWPPP) for
Major Land Disturbance Permits: All applications for Major Land
Disturbance Permits shall be accompanied by a Storm Water Pollution
Prevention Plan, prepared for the specific site by or under the direction
of a Qualified Professional The application shall contain a statement
that any land clearing, construction, or development involving the
movement of earth shall be in accordance with the Storm Water
Pollution Prevention Plan, and the applicant will assume and
acknowledge responsibility for compliance with this Code and the
Storm Water Pollution Prevention Plan at the site of the permitted
activity.
5-310.3 Required Site Development Escrows for Major Land
Disturbance Permits: Applicants for Major Land Disturbance permits
shall file a site development escrow, in the form of a letter of credit, or
other improvement security in an amount deemed sufficient by the
City Engineer to cover all costs of improvements, landscaping, and
maintenance of improvements for such period as specified by the City
Engineer. The site development escrow shall include engineering and
inspection costs sufficient to cover the cost of failure or repair of
improvements installed on the site.
5-310.3.1 Release of Escrows - Project Closure: Any site development
escrow will not be fully released to the property owner, site operator
or permit holder until all of the following have been completed:
1. All temporary storm water control Best Management
Practices (BMPs) have been removed and the site has been
fully stabilized.
2. All permanent storm water control Best Management
Practices (BMPs) have been completed.
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3. All final inspections/certifications have been
completed by each of the government jurisdictions
involved in authorizing the project.
5-320.0 FEES
5-320.1 Issuance of Permits: Land Disturbance permits shall not be
issued until the fees associated with the permit are paid as specified
by the Board of Aldermen from time to time.
5-330.0 STORM WATER POLLUTION PREVENTION PLAN
(SWPPP)
5-330.1 Content - Storm Water Pollution Prevention Plan (SWPPP):
The design requirements of this Code shall be complied with when
developing the Storm Water Pollution Prevention Plan and the plan
shall include the following:
1) Name, address and telephone number of the site
owner and the name, address and telephone number of
the individual who will be in overall responsible charge of
construction/development activities at the site.
2) Site address or location description and parcel
identification number(s).
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
flood plains, locations of temporary and permanent Best
Management Practices (BMP) and such other information
as may be required by the City Engineer.
4) Existing contours of the site and adjoining strips of
off -site property and proposed contours after completion of
the proposed land disturbance 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.
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5) A natural resources map identifying soils, forest
cover, and resources protected under other provisions of
City Ordinances.
6) 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.
7) Estimated quantity of land to be disturbed.
8) Details of the site drainage pattern both before and
after Major Land Disturbance Activities.
9) Access to construction site.
10) Description of Best Management Practices (BMP) to
be utilized to control erosion and sedimentation during the
period of land disturbance.
11) Description of Best Management Practices (BMP) 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 Best Management Practices (BMP) that
will be installed during land disturbance to control
pollutants in storm water discharges that will occur after
land disturbance activity has been completed.
13) Location of temporary off-street parking, and wash -
down area for related vehicles.
14) Sources of off -site borrow material or spoil sites, and
all information relative to haul routes, trucks and
equipment.
15) The anticipated sequence of construction and Land
Disturbance Activities, including installation of Best
Management Practices (BMP), removal of temporary Best
Management Practices (BMP), stripping and clearing;
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rough grading; construction utilities, infrastructure and
buildings; and final grading and landscaping. Sequencing
shall identify the expected date(s) on which clearing will
begin, the estimated duration of exposure of cleared areas,
areas of clearing, installation of temporary erosion and
sediment control measures, and establishment of
permanent vegetation.
16) All erosion and sediment control measures necessary
to meet the objectives of this Code 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.
18) Provisions for maintenance of control facilities,
including easements and estimates of the cost of
maintenance.
19) Plans for responding to any loss of contained
sediment to include the immediate actions the permit -
holder will take in case of a containment failure. This plan
must include documentation of actions and mandatory
reporting to the City Engineer.
20) Schedules and procedures for routine inspections of
any structures provided to prevent pollution of storm water
or to remove pollutants from storm water and of the site in
general to ensure all Best Management Practices (BMP) are
continually implemented and are effective.
5-330.2 Required Plan Amendments - Storm Water Pollution
Prevention Plan (SWPPP): The permit -holder shall amend the Storm
Water .Pollution Prevention Plan whenever:
Y
1) Design, operation or maintenance of Best
Management Practices (BMP) is changed;
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2) Design of the construction project is changed that
could significantly affect the quality of the storm water
discharges;
3) Site operator's inspections indicate deficiencies in the
Storm Water Pollution Prevention Plan (SWPPP) or any
Best Management Practices (BMP);
4) Inspections by City or by the Missouri Department of
Natural resources indicate deficiencies in the Storm Water
Pollution Prevention Plan (SWPPP) or any Best
Management Practices (BMP);
5) The Storm Water Pollution Prevention Plan (SWPPP)
is determined to be ineffective in significantly minimizing
or controlling erosion or excessive sediment deposits in
streams or lakes;
6) The Storm Water Pollution Prevention Plan (SWPPP)
is determined to be ineffective in preventing pollution of
waterways from construction wastes, chemicals, fueling
facilities, concrete truck washouts, toxic or hazardous
materials, site litter or other substances or wastes likely to
have an adverse impact on water quality;
7) Total settleable solids from a storm water outfall
exceeds 0.5 ml/L/hr if the discharge is within the
prescribed proximity of a "Valuable Resource Water" as
defined by the Missouri Department of Natural Resources;
8) Total settleable solids from a storm water 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.
5-330.3 Permit -holder Responsibilities for Administration of Storm
Water Pollution Prevention Plan (SWPPP): The permit -holder shall:
1) Notify all contractors and other entities (including
utility crews or their agents) that will perform work at the
site of the existence of the Storm Water Pollution
Prevention Plan (SWPPP) and what actions or precautions
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shall be taken while on site to minimize the potential for
erosion and the potential for damaging any Best
Management Practices (BMP);
2) Determine the need for and establish training
programs to ensure that all site workers have been
trained, at a minimum, in erosion control, material
handling and storage, and housekeeping;
3) Provide copies of the Storm Water Pollution
Prevention Plan (SWPPP) to all parties who are responsible
for installation, operation or maintenance of any Best
Management Practices (BMP); and
4) Maintain a current copy of the Storm Water Pollution
Prevention Plan (SWPPP) on the site at all times.
5-340 -DESIGN REQUIREMENTS
SECTION 5-340.0 GENERAL
5-340.1 Design: The design of erosion and settlement controls
required for Land Disturbance Activities shall comply with the following
minimum requirements:
1. Land disturbance, erosion and sediment control
practices, and watercourse crossings shall be adequate to
prevent transportation of sediment from the site.
2. Materials brought to any site or property under a
permit issued under this Code, where said material is
intended to be utilized as fill material at the site for land
disturbance, erosion or sediment control, shall consist of
clean uncontaminated earth, soil, dirt, sand, rocks, gravel
or masonry materials only.
3. Cut and fill slopes shall be no greater than 3:1
except as approved by the City Engineer to meet other
community or environmental objectives.
4 Clearing and grading of natural resources, such as
forests and wetlands, shall not be permitted, except when
in compliance with all other Ordinances.
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5. 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.
6. Clearing, except that necessary to establish sediment
control devices, shall not begin until all sediment control
devices have been installed and have been stabilized.
7. Phasing shall be required on all sites disturbing
greater than thirty (30) acres of land. The size of each
phase will be established by the City Engineer at the time
of plan review for the issuance of a Major Land
Disturbance permit.
5-340.2 Erosion Control Design: 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 site shall be re -seeded 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.
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5-340.3 Sediment Control Design: 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 within 10 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 2 -year, 24 -hour
storm. If the provision of a basin of this size is impractical,
other similarly effective Best Management Practices (BMP),
as evaluated and specified in the Storm Water Pollution
Prevention Plan (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 City Engineer.
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.
5-340.4 Watercourse Design: Watercourse 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. All city, state and federal
permits and approvals shall be obtained by a permit holder
prior to beginning work authorized by a Land 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 re-
configured, clearing and grubbing activities within 50 feet
of the watercourse shall not begin until all materials and
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2157 - Land Disturbance 2008
February 7, 2008
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 re -contoured and re -vegetated,
seeded or otherwise protected within five working days
after land disturbance activities have ceased.
4. All storm water conveyances shall be designed
according to the criteria of the St. Louis Metropolitan
Sewer District (MSD) and the necessary MSD permits
obtained.
5. Stabilization adequate to prevent erosion shall be
provided at the outlets of all pipes and paved channels.
5-340.5 Construction Site Access Design: Construction site access
requirements for Major Land Disturbance Activities shall include:
1. A temporary access road provided at all land
disturbance sites including a wash down area supporting
all active sites.
2. The City Engineer may require other measures to
ensure that construction vehicles do not track sediment
onto public streets or be washed with wash effluent
channeled directly into storm drains.
5-340.6 Control of Construction Materials and Waste: Control
requirements for construction materials, construction wastes and other
wastes generated on site at land disturbance sites shall include
provisions, satisfactory to the City Engineer:
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,
p ,
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.
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2157 - Land Disturbance 2008
February 7, 2008
2. Collection and disposal of discarded building
materials and other construction site wastes, including
those listed in section 340.6. 1 above.
3. Litter control.
4. Control of concrete truck washouts.
5. Assurance that on -site fueling facilities will adhere to
applicable federal and state regulations concerning storage
and dispensers.
6. Provision of sufficient temporary toilet facilities to
serve the number of workers on Major Land Disturbance
sites.
5-350 -INSPECTIONS
SECTION 5-350.0 GENERAL
5-350.1 City Engineer -General: The City Engineer shall make
inspections as herein required and shall either approve that portion of
the work completed or shall notify the permit -holder wherein the work
fails to comply with the Land Disturbance, Erosion and Sediment
Control Plan as approved. Plans for land disturbance, stripping,
pp 9,
excavating, and filling work bearing the stamp of approval of the
department issuing the permit shall be maintained at the site during
the progress of the work. To obtain inspections, a permit -holder shall
notify the City Engineer 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
7) Completion of final landscaping
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2157 - Land Disturbance 2008
February 7, 2008
5-350.1.1 Extra Inspections: In addition to the inspections otherwise
required, the City Engineer is authorized to perform and charge fees
for extra inspections or re -inspections which in his judgment are
reasonably necessary due to non-compliance with the requirements of
this Code, or work not ready or accessible for inspection when
requested.
5-350.2 Permit -Holder Inspection and Report Responsibilities - Major
Land Disturbances:
The holder of a Major Land Disturbance Permit or his/her agent,
shall cause regular inspections of land disturbance sites,
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 Storm
Water Pollution Prevention Plan (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 Best
Management Practices (BMP) and to determine the overall
effectiveness of the Storm Water Pollution Prevention Plan
(SWPPP) and the need for additional control measures. All
inspections shall be documented in written form on weekly
reports with copies submitted to the City Engineer at the time
interval specified in the permit. Permit -holder inspection reports
must include the following minimum information:
1) Inspector's name and signature;
2) Date of inspection;
3) Observations relative to the effectiveness of the Best
Management Practices (BMPs);
4) Actions taken or necessary to correct deficiencies;
and
5) A listing of areas where land disturbance operations
have permanently or temporarily stopped.
The permit -holder shall notify the site contractor(s) responsible for any
deficiencies identified so that deficiencies can be corrected within
seven calendar days of the weekly inspection report.
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2157 - Land Disturbance 2008
February 7, 2008
5-350.2.1 Verification of permit holder's reports: The City Engineer
may make extra inspections as deemed necessary to ensure the
validity of the reports filed under this Code or to otherwise ensure
proper installation, operation and maintenance of storm water Best
Management Practices (BMP) and to determine the overall
effectiveness of the Storm Water Pollution Prevention Plan (SWPPP)
and the need for additional control measures.
Section 2. It is hereby declared to be the intention of the Board of
Aldermen that each and every part, section and subsection of this Ordinance
shall be separate and severable from each and every other part, section and
subsection hereof and that the Board of Aldermen intends to adopt each said
part, section and subsection separately and independently of any other part,
section and subsection. In the event that any part of this Ordinance shall be
determined to be or to have been unlawful or unconstitutional, the
remaining parts, sections and subsections shall be and remain in full force
and effect.
Section 3. This Ordinance shall be in full force and effect from and after its
passage and approval by the Mayor.
PASSED BY THE BOARD OF ALDERMEN FOR THE CITY OF
BELLEFONTAINE NEIGHBORS THIS 6B- DAY OF /Thred5 , 2008.
Presiding Of�er
Attest:
Ze,,y)
Lae, Da-nova,x)
Denise Donovan, City Clerk
Page 22 of 23
2157 - Land Disturbance 2008
February 7, 2008
i APPROVED THIS 6-1-1- DAY OF (ThkT-11 , 2008.
Marty Rudloff, Mayor
Attest:
Denise Donovan, City Clerk
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February 7, 2008