HomeMy Public PortalAboutCity of Clayton3/23/2021 City of Clayton, MO Ecode360
City of Clayton, MO
Tuesday, March 23, 2021
Chapter 430. Storm Water Control Requirements
Article I. Grading, Erosion and Sediment Control
Section 430.010. Introduction — Purpose
[Ord. No. 5965 §1(15-1), 3-13-2007]
A. This Chapter is being enacted to comply with requirements of the Metropolitan Sewer District
(MSD) related to protection of property during construction. During construction, soil is highly
vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing
water quality and causing siltation. In addition, clearing and grading during construction causes
the loss of vegetation necessary to prevent erosion and sustain the flow of water. Finally,
construction activities strip the land and generate waste which causes a cleaning nuisance on
streets, sidewalks and/or adjacent properties.
B. This Chapter is designed to provide an adequate safeguard to assure that construction activities
do not cause damage to the environment and to protect properties adjacent to the site and
throughout the City of Clayton.
Section 430.020. Definitions
[Ord. No. 5965 §1(15-2), 3-13-2007]
For the purposes of this Chapter, 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 storm water discharges associated with construction and land disturbance activities.
For a list of acceptable BMPs, the City of Clayton will utilize the St. Louis County Sediment and
Erosion Control Manual.
CLEARING
Any activity that removes the vegetative surface cover.
CONSTRUCTION OR LAND DISTURBANCE SITE OR SITE
A parcel of land or a contiguous combination thereof where grading work is performed as part of a
single unified plan of 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 BMP that prevents or minimizes erosion.
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GRADING
Reshaping the ground surface through excavation and/or fill of material, including the resulting
conditions.
LAND DISTURBANCE ACTIVITIES
Any activity such as clearing, grading or any other action 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 PERMIT
A permit issued by the municipality authorizing disturbance of the land at a specific site subject to
conditions stated in the permit.
PERIMETER CONTROL
A barrier that prevents sediment from leaving a site by filtering sediment -laden runoff or diverting it
to a sediment trap or basin.
PHASING
Clearing a parcel of land in distinct phases, with the stabilization of each phase substantially
completed before the clearing 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.
STABILIZATION
The use of BMPs that prevent exposed soil from eroding including improvements and structures
for the control of erosion, runoff and grading.
START OF CONSTRUCTION
The first (1st) 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.
STORM WATER 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 storm
water discharges associated with land disturbance activities, comply with the standards of the City
of Clayton and ensure compliance with the terms and conditions of the applicable State permits,
including adherence to the land disturbance program contained in the Missouri MS4 NPDES
permit. This document can be in the form of either a formal plan document for the development or
on one (1) plan sheet attached to the site plan.
WATERCOURSE
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 430.030. Regulations For Sites Less Than One Acre
(43,560 Square Feet)
[Ord. No. 5965 §1(15-3), 3-13-2007]
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A.
City of Clayton, MO Ecode360
Any entity or person who intends to disturb land of five thousand (5,000) square feet or more but
less than forty-three thousand five hundred sixty (43,560) square feet (one (1) acre) must comply
with site disturbance regulations of the City of Clayton. Said land disturbance mitigations must be
included on the site plan submitted for review and must be in place prior to the commencement of
construction. Additionally, land disturbance mitigation must be maintained in effective working
order throughout the period of construction activities.
1. Application of regulations. Generally, all new single-family residences and most large
additions will be the subject of this Section.
Exceptions: The following land disturbance activities are not subject to the stipulations of this
Section:
a. Any emergency activity that is immediately necessary for the protection of life, property or
natural resources as determined by the City.
b. Existing nursery and agricultural operations conducted as a permitted main or accessory
use.
c. Excavation or fill of less than fifty (50) 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.
d. Land disturbance activities less than five thousand (5,000) square feet in area.
e. Removal of existing or dying grass or similar vegetation by disturbing not more than ten
thousand (10,000) square feet and reseeding with new landscaping to include
preparation of the seedbed; provided erosion and sediment control measures are
provided until grass or other vegetation is established. Any cut or fill in conjunction with
the preparation of the seedbed shall not exceed fifty (50) cubic yards.
f. Gardening or similar activities on property occupied by one-, two- or multi -family
dwellings.
g.
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. These
exceptions do not apply to any land disturbance activity associated with work that
requires a building permit.
2. Site plan review. Every applicant for a project which will disturb five thousand (5,000) square
feet or more must include the following information to be considered the SWPPP in their site
plan for staff review. This information may also serve to fulfill requirements of the post -
construction provisions of this Chapter. As part of the site plan review process, the following
information must be provided on the site plan:
a. Existing and proposed contours;
b. Drainage facilities and methods for preserving the natural watercourse and patterns of
drainage;
c. Identify limits of any areas to be disturbed by the proposed construction;
d. Amount of current impervious coverage and proposed impervious coverage;
e. Methods to mitigate additional impervious coverage and/or address drainage issues on
the site;
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f. Connection to storm sewer and/or method of controlling storm water runoff on site;
g.
Best management practices to reduce sediments and other pollutants associated with
construction activities;
h. Location of siltation fences, hay bales and other runoff prevention methods (as well as
other items as required by the site plan review process) and plans for maintenance of
these installations during construction;
i. Schedule of street and sidewalk cleaning to alleviate mud and dirt on public right-of-way;
j. Seal of a registered professional engineer in the State of Missouri;
k. Bench mark information from the site survey;
I. Other information as required by the Director of Planning and Development Services or
the Director of Public Works.
The appropriate departments in the City of Clayton will review the site
plan for compliance with the above requirements. The same or
additional information will be required on the construction documents for
building permit issuance.
3. Implementation during construction. The installation of all required siltation fences and other
required mitigation mechanisms must be in place prior to construction activity. Inspections will
be conducted to assure compliance at the beginning of construction and at intervals
throughout the project. These inspections will be completed by either staff of the Planning and
Development Services Department or an outside contractor at the developer's expense,
depending on the complexity of the mitigation required and/or workload of the department.
4. Costs for plan review and implementation. Any costs incurred by the City to fulfill the intent of
this Section shall be paid by the applicant. The City shall secure the necessary professional
services and provide an estimate of cost and scope to the applicant. This scope and cost will
be approved by the applicant prior to the City contracting for these services. The estimated
costs will be submitted by the applicant to the City prior to beginning any work on the project.
Section 430.040. Regulations For Sites One Acre or More
[Ord. No. 5965 §1(15-4), 3-13-2007]
A. All construction projects of one (1) acre or more will be subject to the regulations of this Section.
1. Land disturbance permit. No person shall perform any land disturbance on a site one (1) acre
or greater without first obtaining a land disturbance permit. The application for permit will be
submitted to, reviewed by and approved by the Clayton Public Works Department, but will be
issued by the Planning and Development Services Department in coordination with the
building permit.
a. Each permit application shall bear the name(s) and address(es) of the owner and
developer of the site, together with the principal contact and consulting firm.
b. Each land disturbance permit application shall includes a separate erosion control plan
that includes BMPs necessary for the site conditions or include a formal Storm Water
Pollution Prevention Plan prepared for the specific site by or under the direction and
sealed by a qualified professional engineer licensed in the State of Missouri. Either
submittal shall include a statement that any land clearing, construction or development
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involving the movement of earth shall be in accordance with the Storm Water Pollution
Prevention Plan.
c. The permit applicant will be required to file with the City of Clayton a performance bond,
letter of credit or other improvement security in an amount deemed sufficient by the City
of Clayton to cover all costs of improvements, landscaping, maintenance of
improvements for such period as specified by the City of Clayton.
(1) Performance and maintenance bond. A bond in the City's favor to ensure the
restoration of the ROW shall be submitted prior to the issuance of the ROW permit.
The bond shall continue in full force and effect for a period of twelve (12) months
following completion of the work. It is the responsibility of the applicant to request the
release of the bond in writing. The bond shall be issued by a surety with an "A" or
better rating of insurance in Best's Key Rating Guide, Property/Casualty Edition,
shall be subject to the approval of the City Attorney and shall contain the following
endorsement:
"This bond may not be canceled, or allowed to lapse, until sixty (60) days after
receipt by the City, by certified mail, return receipt requested, of a written notice
from the issuer of the bond of intent to cancel or not to renew."
(2) Certificate of insurance. All ROW users shall maintain for the duration of any ROW
permit the following minimum liability insurance coverage: Workers' Compensation
and employer liability insurance to meet all requirements of Missouri law and
commercial general liability insurance with respect to the construction, operation and
maintenance of the facilities and the conduct of the ROW user's business in the City
in the minimum amounts of:
(a) Two million dollars ($2,000,000.00) for property damage resulting from any one
(1) accident;
(b) Two million dollars ($2,000,000.00) for personal bodily injury or death resulting
from any one (1) accident;
(c) Two million dollars ($2,000,000.00) for all other types of liability.
All insurance policies shall be with sureties qualified to do business in the
State of Missouri with an "A" or better rating of insurance by Best's Key Rating
Guide, Property/Casualty Edition. All general liability insurance policies shall
name the City, its officers, boards, board members, commissions,
commissioners, agents and employees as additional insureds and shall further
provide that any cancellation or reduction in coverage shall not be effective
unless thirty (30) days' prior written notice thereof has been given to the City
Clerk.
d. The permit applicant may also be required to obtain a land disturbance permit issued by
the Missouri Department of Natural Resources for any site where one (1) acre or more of
land will be disturbed before beginning any site work authorized by a City permit. This
requirement also applies to sites of less than one (1) acre that are part of a larger
common plan that will ultimately disturb one (1) acre or more.
2. Design requirements. The following are guidelines that shall be followed in the design and/or
must be depicted on the plans:
a. Grading, erosion control practices, sediment control practices and watercourse crossings
shall be adequate to prevent transportation of sediment from the site to the satisfaction of
the Department of Public Works.
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b. Cut and fill slopes shall be no greater than three to one (3:1), except as approved by the
Department of Public Works 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 the City Code of
Ordinances.
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 Department of Public Works.
e. Clearing, except that necessary to establish sediment control devices, shall not begin
until all sediment control devices have been installed and have been stabilized.
f. Phasing shall be required on all sites deemed appropriate at plan review and as
approved by the Department of Public Works.
9.
Erosion control requirements shall include the following:
(1) Soil stabilization shall be completed within five (5) days of clearing or inactivity in
construction.
(2) If seeding or another vegetative erosion control method is used, it shall become
established within two (2) 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.
(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 (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 BMPs, as evaluated and
specified 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.
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i. Watercourse protection requirements shall include:
(1) Encroachment into or crossings of active watercourses/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 realigned or reconfigured, clearing and grubbing
activities within fifty (50) feet of the watercourse shall not begin until all materials and
equipment necessary to protect the watercourse and complete the work are on site.
Once started, work shall be completed as soon as possible. Areas within fifty (50)
feet of the watercourse shall be recontoured and revegetated, seeded or otherwise
protected within five (5) working days after grading has ceased.
(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.
(5)
Stabilization adequate to prevent erosion shall be provided at the outlets of all pipes
and paved channels.
Construction site access requirements shall include:
(1) A temporary access road provided at all sites including a wash -down area
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 (2)(k)(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
site.
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3. Storm Water Pollution Prevention Plan (SWPPP).
a. The design requirements in Subsection (2) shall be taken into consideration when
developing the Storm Water Pollution Prevention Plan. The SWPPP shall be integrated
into the required site plan and will be reviewed as part of that submission. The site 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 Department of
Public Works may require.
(4) Existing contours of the site and 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 by
the State of Missouri or St. Louis County.
(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 grading quantity.
(8) Details of the site drainage pattern both before and after major grading activities.
(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 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 BMPs, removal of temporary BMPs, stripping and clearing; rough
grading; construction of utilities, infrastructure and buildings; and final grading and
landscaping. Sequencing shall identify the expected date(s) on which clearing will
begin, the estimated duration of exposure of cleared areas, areas of clearing,
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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
Chapter 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.
(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 a plan for documentation of actions and reporting to the Department of
Public Works during the project.
(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 BMPs are continually implemented and are effective.
b. Amendment of plan. The permittee shall amend the Storm Water 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 storm water 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;
The SWPPP is determined to be ineffective in significantly minimizing or controlling
erosion or excessive sediment deposits in streams or lakes;
(5)
(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 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
MDNR;
(8) Total settleable solids from a storm water outfall exceeds 2.5 ml/L/hr for any other
outfall; or
(9) The City of Clayton or the Missouri Department of Natural Resources determines
violations of water quality standards may occur or have occurred.
c. Construction responsibilities.
(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
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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; and
(3)
Provide copies of the SWPPP to all parties who are responsible for installation,
operation or maintenance of any BMP.
(4) Maintain a current copy of the SWPPP on the site at all times.
4. Inspections during construction.
a. The Department of Public Works shall make inspections as needed 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 Department of Public Works shall be maintained at the site
during the progress of the work. Inspections may be made at random times or upon
permittee notification to the Department of Public Works at least two (2) 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.
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 every two (2) weeks and
no later than seventy-two (72) hours after heavy rain. The purpose of such inspections
will be to ensure proper installation, operation and maintenance of BMPs and to
determine the overall effectiveness of the SWPPP and the need for additional control
measures. All inspections shall be documented in written form on biweekly reports with
copies submitted to the Department of Public Works at the time interval specified in the
permit. The inspection reports are to include the following minimum information:
(1) Inspector's name and signature;
(2) Date of inspection;
(3) Observations relative to the effectiveness of the BMPs;
(4) Actions taken or necessary to correct deficiencies; and
(5) A listing of areas where land disturbance operations have permanently or
temporarily stopped.
In addition, the permittee shall notify the site contractor(s)
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responsible for any deficiencies identified so that deficiencies can be
corrected within seven (7) calendar days of the weekly inspection
report.
c. The Department of Public Works shall make inspections as deemed necessary to ensure
the validity of the reports filed under Subsection (4)(b) above 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.
5. Costs for plan review and implementation. Any costs incurred by the City to fulfill the intent of
this Section shall be paid by the applicant. The City shall secure the necessary professional
services and provide an estimate of cost and scope to the applicant. This scope and cost will
be approved by the applicant prior to the City contracting for these services. The estimated
costs will be submitted by the applicant to the City prior to beginning any work on the project.
Section 430.050. Enforcement
[Ord. No. 5965 §1(15-5), 3-13-2007]
A. Stop Work Order —Revocation Of Permit. In the event that any person holding a site disturbance
permit 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 Department of Planning and
Development or Department of Public Works may suspend or revoke the building permit or land
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
Chapter. Any person violating any of the provisions of this Chapter shall be deemed guilty of a
misdemeanor and each day during which any violation of any of the provisions of this Chapter is
committed, continued or permitted shall constitute a separate offense. Upon conviction of any
such violation, such person, partnership or corporation shall be punished by a fine of not more
than one thousand dollars ($1,000.00) for each offense. In addition to any other penalty authorized
by this Section, any person, partnership or corporation convicted of violating any of the provisions
of this Chapter shall be required to bear the expense of such restoration.
C. Project Closure Requirements. Any site development escrows or bonds will 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.
Article II. Post Construction Storm Water Control
Section 430.060. Findings of Fact
[Ord. No. 5965 §1(15-100), 3-13-2007]
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A. Land development projects and associated increases in impervious cover alter the hydrologics of
local watersheds and increase storm water runoff rates and volumes, flooding, stream channel
erosion, and sediment transport and deposition. This storm water runoff contributes to increased
quantities of water -borne pollutants, and storm water runoff, soil erosion and non -point source
pollution can be controlled and minimized through the regulation of storm water runoff from
development sites.
B. The Metropolitan St. Louis Sewer District (MSD) has established a set of water quality and
quantity policies applicable to all development in the MSD service area, including the City of
Clayton, to provide reasonable guidance for the regulation of storm water runoff for the purpose of
protecting local water resources from degradation. It has been determined that the regulation of
storm water runoff discharges from land development projects and other construction activities in
order to control and minimize increases in storm water runoff rates and volumes, soil erosion,
stream channel erosion and non -point source pollution associated with storm water runoff is in the
public interest and will prevent threats to public health and safety.
Section 430.070. Purpose
[Ord. No. 5965 §1(15-101), 3-13-2007]
A. The purpose of this Article is to protect and safeguard the general health, safety and welfare of the
public residing in watersheds within the City of Clayton which is included in the MSD service area.
In general, the City of Clayton seeks to meet that purpose through the following objectives:
1. Minimize increases in storm water runoff from any development in order to reduce flooding,
siltation and erosion;
2. Minimize increases in non -point source pollution caused by storm water runoff from
development which would otherwise degrade local water quality; and
3. Reduce storm water runoff rates and volumes, soil erosion and non -point source pollution,
wherever possible, through storm water management controls and to ensure that these
management controls are properly maintained and pose no threat to public safety or adjacent
properties.
Section 430.080. Applicability
[Ord. No. 5965 §1(15-102), 3-13-2007]
This Article shall be applicable to all site plan applications where a MSD permit is required and a City
permit is needed for the construction.
Section 430.090. Storm Water Design
[Ord. No. 5965 §1(15-103), 3-13-2007]
A. The City of Clayton specifies the MSD Rules and Regulations and Engineering Design
Requirements for Sanitary and Storm Water Drainage Facilities as originally adopted February
2006, or latest version, as the applicable document for the proper implementation of the
requirements of this Article. In addition, the City of Clayton's City -Wide Storm Water Study, dated
August 2006, includes details of several BMPs for addressing specific needs in the City of Clayton
such as rain gardens, bioswales, pervious concrete, pervious paver systems and storm water
planters.
B. The MSD regulations include a list of acceptable storm water treatment practices, including the
specific design criteria for each storm water practice. The manual may be updated and expanded
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from time to time, at the discretion of MSD, based on improvements in engineering, science,
monitoring and local maintenance experience. Storm water treatment practices that are designed
and constructed in accordance with these design and sizing criteria will be presumed to meet the
minimum water quality performance standards.
C. Developers shall include storm water control measures on the site plan submitted for the
Department of Planning and Development review of proposed construction in addition to submittal
to MSD for appropriate permits.
Article III. Permit Procedures and Requirements
Section 430.100. Permit Required
[Ord. No. 5965 §1(15-200), 3-13-2007]
No land owner or land operator shall receive a building, demolition, grading or right-of-way permit
governed by these regulations without first securing the necessary approvals of MSD prior to
commencing the proposed activity. Verification of this approval will be a set of plans approved by MSD
including a valid MSD project number.
Article IV. Inspections of Storm Water Facilities
Section 430.110. Inspection of Storm Water Facilities
[Ord. No. 5965 §1(15-300), 3-13-2007]
Inspection of facilities may be made on a reasonable basis including, but not limited to: routine
inspections; random inspections; inspections based upon complaints or other notice of possible
violations or inspection of drainage features. Inspections may include, but are not limited to: reviewing
maintenance records; sampling discharges, surface water, ground water and material or water in
drainage control facilities; and evaluating the condition of drainage control facilities and other storm
water treatment practices.
Section 430.120. Right -Of -Entry For Inspection
[Ord. No. 5965 §1(15-301), 3-13-2007]
When any new drainage control facility is installed on private property, or when any new connection is
made between private property and a public drainage control system, sanitary sewer or combined
sewer, the property owner shall grant to the City of Clayton's Public Works and/or Planning Department
and/or MSD the right to enter the property at reasonable times and in a reasonable manner for the
purpose of inspection. This includes the right to enter a property when there is a reasonable basis to
believe that a violation of this Chapter is occurring or has occurred and to enter when necessary for
abatement of a public nuisance or correction of a violation of this Chapter.
Section 430.130. Failure To Maintain Practices
[Ord. No. 5965 §1(15-302), 3-13-2007]
If the property owner fails or refuses to meet the requirements of the maintenance covenant, the City of
Clayton, after reasonable notice, may issue violation notices per the (property code does not cover
construction). In the event that the storm water management facility becomes a danger to public safety
or public health, MSD and/or City of Clayton Public Works or Planning Department (dependent on
jurisdiction described in Article 111 or Article IV) legal shall notify the party responsible for maintenance
of the storm water management facility in writing. Upon receipt of that notice, the responsible person
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shall have thirty (30) days to effect maintenance and repair of the facility in a manner acceptable to the
City or legal action may be pursued (property code has nothing to do with construction).
Section 430.140. Storm Water Management Plan Components
To The Site Plan
[Ord. No. 5965 §1(15-303), 3-13-2007]
Example (Use items below that are applicable to the site proposed)
Applicant information
Name, legal address and telephone number
Common address and legal description of site
Vicinity map
Existing and proposed mapping and plans (recommended scale of 1" = 50') which illustrate at a
minimum:
Site plan sealed by a registered professional engineer in the State of Missouri
Existing and proposed topography (minimum of two (2) foot contours recommended)
Perennial and intermittent streams
Mapping of predominant soils from soil surveys
Boundaries of existing predominant vegetation and proposed limits of clearing
Location and boundaries of resource protection areas such as wetlands, lakes, ponds
and other setbacks
Location of existing and proposed roads, buildings and other structures
Existing and proposed utilities (e.g., water, sewer, gas, electric) and easements
Location of existing and proposed conveyance systems such as grass channels,
swales and storm drains
Flow paths
Location of floodplain/floodway limits and relationship of site to upstream and
downstream properties and drainages (if applicable)
Location and dimensions of proposed channel modifications, such as bridge or culvert
crossings (if applicable)
Location, size and limits of disturbance of proposed structural storm water
management practices
Hydrologic and hydraulic analysis including:
Existing condition analysis for runoff rates, volumes and velocities presented showing
methodologies used and supporting calculations
Proposed condition analysis for runoff rates, volumes and velocities showing the
methodologies used and supporting calculations
Analysis of potential downstream impact/effects of project, where necessary
Selection and rationale for structural or non-structural storm water facilities and best
management practices
Sizing calculations for structural or non-structural storm water facilities and best
management practices including contributing drainage area, storage and outlet
configuration
Landscaping plans for structural or non-structural storm water facilities and best
management practices and any site reforestation or revegetation
Erosion and sediment control plan.
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