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HomeMy Public PortalAboutCity of Cool ValleyBILL NO. n ?I ORDINANCE NO. J i A AN ORDINANCE AMENDING CHAPTER 5 OF THE COOL VALLEY 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 COOL VALLEY, MISSOURI, AS FOLLOWS: SECTION 1. Chapter 5 of the Code of Ordinances of the City of Cool Valley, Missouri, is hereby amended by the addition of a new Article and new Sections, initially to be designated as Article VI and Sections 5-250 through 5-350, to read as follows: ARTICLE VI - LAND DISTURBANCE CODE SECTION 5-250 SCOPE 5-250.1 Title: These regulations shall be known as the "Land Disturbance Code" of Cool Valley, Missouri, hereinafter 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 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 Cool Valley. 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 breaks the topsoil or results in the movement of earth on land in Cool Valley. 5-250.4 Scope: This Code provides for the safety, health and welfare of the public by regulating and controlling the design, construction, Page 1 of 1 Land DisturbanceCode February 27, 2008 use, and maintenance of any development or other activity that disturbs land surfaces or results in the movement of earth in Cool Valley, 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 Cool Valley City Engineer and/or his/her designee Clearing: Any activity that removes the vegetative surface cover. Code or this Code: The "Land Disturbance Code" of Cool Valley, 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. 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. Page 2 of 2 Land Distu rbanceCode February 27, 2008 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. 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 Page 3 of 3 Land Disturba nceCode February 27, 2008 terms and conditions of the applicable state permits, including adherence to the land disturbance program contained in Missouri MS4 NPDES 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 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 Page4of4 Land Distu rbanceCode February 27, 2008 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. 4. No -Permit Penalties are appealable to the Board of Adjustment in the same manner as other code enforcement decisions of the City Engineer. Page 5 of 5 LandDisturbanceCode February 27, 2008 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. 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 Page 6 of 6 LandDisturbanceCode February 27, 2008 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 thereunder 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 fifteen (15) 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 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. 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. Page 7 of 7 Land Distu rbanceCode February 27, 2008 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 5-300.1.1 or 5-300.1.2 in this Code. Exception: Activities that do not require permits under Section 5-300.3 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 5-300.3 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 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 5-300.1.1 or 5-300.1.2 of this Code must obtain a separate land disturbance permit. Page 8 of 8 Land Distu rbanceCode February 27, 2008 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. 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 Page 9 of 9 Land DisturbanceCode February 27, 2008 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 less 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 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 Page 10 of 10 LandDisturbanceCode February 27, 2008 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. 3. All final inspections/certifications have been completed by each of the government jurisdictions involved in authorizing the project. 5-320.0 FEES Page 11 of 11 Land Disturba nceCode February 27, 2008 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. 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. Page 12 of 12 LandoisturbanceCode February 27, 2008 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; 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. Page 13 of 13 Land DlsturbanceCode February 27, 2008 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: 1) Design, operation or maintenance of Best Management Practices (BMP) 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 Storm Water Pollution Prevention Plan (SWPPP) or any Best Management Practices (BMP); Page 14 of 14 LandDlsturbanceCode February 27, 2008 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 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; Page 15 of 15 LandDlsturbanceCode February 27, 2008 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. 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. Page 16 of 16 LandDlsturbanceCode February 27, 2008 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. 5-340.3 Sediment Control Design: Sediment control requirements shall include: 1. Settling basins, sediment traps, or tanks and perimeter controls. Page 17 of 17 Land DisturbanceCode February 27, 2008 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 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. Page 18 of 18 Land Disturba nceCode February 27, 2008 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, 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 section 5-340.6. 1 above. 3. Litter control. Page 19 of 19 LandDlsturbanceCode February 27, 2008 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, 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 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. Page 20 of 20 LandDisturbanceCode February 27, 2008 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. 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 Page 21 of 21 LandDisturbanceCode February 27, 2008 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. The Chapter, Article, Division and/or Section assignments designated in this Ordinance may be revised and altered in the process of recodifying or servicing the City's Code of Ordinances upon supplementation of such code if, in the discretion of the editor, an alternative designation would be more reasonable. In adjusting such designations the editor may also change other designations and numerical assignment of code sections to accommodate such changes. Section 4. This ordinance shall be in full force and effect both from and after the date of its passage and approval by the Mayor and Board of Aldermen. PASSED BY THE BOARD OF AL'ERMEN FOR THE CITY OF COOL VALLEY THIS r), (0/ DAY OF AYES: 4M A ,, vGd, NAYS: t2 ABSENT: 0 'z. <, 2008 Presiding Officer Attest: Eleanor Meyer, City CIOI Page 22 of 22 LandDisturbanceCode February 27, 2008 APPROVED THIS A7 4J DAY OF %�. , t.tJ , 2008. Randolph E. Toles, Mayor Attest: aid Y) QA) Eleanor Meyer, City CI�f Page 23 of 23 LandDisturbanceCode February 27, 2008 First Readings' �.1,. .t r do (9 60 Bill No. 1) '7 Second Reading; C__ 1, d- ate U ij Ordinance No. / 10,7 AN ORDINANCE ADOPTING REGULATIONS FOR STREAM BUFFER PROTECTION. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF COOL VALLEY, MISSOURI, AS FOLLOWS: Section One. The following Stream Buffer Protection Code is hereby adopted by the City of Cool Valley, Missouri, as a part of the Cool Valley City Code, to wit: ARTICLE 1. TITLE This ordinance shall be known as the "City of Cool Valley, Missouri, Stream Buffer Protection Ordinance." ARTICLE 2. FINDINGS AND PURPOSES SECTION 2.1 FINDINGS The Board of Aldermen of the City of Cool Valley, Missouri finds that buffers adjacent to streams provide numerous benefits including: A. Protecting, restoring and maintaining the chemical, physical and biological integrity of streams and their water resources B. Removing pollutants delivered in urban stormwater C. Reducing erosion and controlling sedimentation D. Protecting and stabilizing stream banks E. Providing for infiltration of stormwater runoff F. Maintaining base flow of streams G. Contributing organic matter that is a source of food and energy for the aquatic ecosystem. Page 1 of 1 streameufferord February 27, 2008 Providing tree canopy to shade streams and promote desirable aquatic habitat I. Providing riparian wildlife habitat 1 Furnishing scenic value and recreational opportunity K. Providing opportunities for the protection and restoration of green space SECTION 2.2 PURPOSES The purpose of this Ordinance is to protect the public health, safety, environment and general welfare; to minimize public and private losses due to erosion, siltation and water pollution; and to maintain stream water quality by provisions designed to: A. Create buffer zones along the streams of City of Cool Valley for the protection of water resources; and, B. Minimize land development within such buffers by establishing buffer zone requirements and by requiring authorization for any such activities. ARTICLE 3. DEFINITIONS "Buffer" means, with respect to a stream, a natural or enhanced vegetated area lying adjacent to the stream. "Impervious Cover" means any manmade paved, hardened or structural surface regardless of material. Impervious cover includes but is not limited to rooftops, buildings, streets, roads, decks, swimming pools and any concrete or asphalt. "Land Development" means any land change, including but not limited to clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving and any other installation of impervious cover. "Land Development Activity" means those actions or activities which comprise, facilitate or result in land development. "Land Disturbance" means any land or vegetation change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, Page 2 of 2 StreamBufferord February 27, 2008 transporting and filling of land, that do not involve construction, paving or any other installation of impervious cover. "Land Disturbance Activity" means those actions or activities which comprise, facilitate or result in land disturbance. "Floodplain" means any land area susceptible to flooding, which would have at least a one percent probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan; i.e., the regulatory flood. "Parcel" means any plot, lot or acreage shown as a unit on the latest county tax assessment records. "Permit" means the permit issued by the City of Cool Valley required for undertaking any land development activity "Person" means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the State, any interstate body or any other legal entity. "Protection Area, or Stream Protection Area" means, with respect to a stream, the combined areas of all required buffers and setbacks applicable to such stream. "Riparian" means belonging or related to the bank of a river, stream, lake, pond or impoundment. "Setback" means, with respect to a stream, the area established pursuant to these regulations extending beyond any buffer applicable to the stream. "Stream" means any stream, beginning at: 1. All natural watercourses depicted by a solid or dashed blue line on the most current United States Geological Survey (U.S.G.S.) 7.5 Minute Series (Topographic) Maps for Missouri; or 2. A point in the stream channel with a drainage area of 25 acres or more. "Stream Bank" means the sloping land that contains the stream channel and the normal flows of the stream. Where no established top -of -bank can be determined, the stream bank will be the "ordinary high water mark" as defined by the Corps of Engineers in Title 33 of the Code of Federal Regulation, Part 328.3. "Stream Channel" means the portion of a watercourse that contains the base flow of the stream. ARTICLE 4. APPLICABILITY Page 3 of 3 StreamBufferord February 27, 2008 This ordinance shall apply to all land development activity on property containing a stream protection area as defined in Article 3 of this ordinance. These requirements are in addition to, and do not replace or supersede, any other applicable buffer or flood plain requirements established under state law and approval or exemption from these requirements do not constitute approval or exemption from buffer requirements established under state law or from other applicable local, state or federal regulations. SECTION 4.1 GRANDFATHER PROVISIONS This ordinance shall not apply to the following activities: A. Work consisting of the repair or maintenance of any lawful use of land that is zoned and approved for such use on or before the effective date of this ordinance. B. Existing development and on -going land disturbance activities including but not limited to existing agriculture, silviculture, landscaping, gardening and lawn maintenance, except that new development or land disturbance activities on such properties will be subject to all applicable buffer requirements. C. Any land development activity that is under construction, fully approved for development, scheduled for permit approval or has been submitted for approval as of the effective date of this ordinance. D. Land development activity that has not been submitted for approval, but that is part of a larger master development plan, such as for an office park or other phased development that has been previously approved within two years of the effective date of this ordinance. SECTION 4.2 EXEMPTIONS The following specific activities are exempt from this ordinance. Exemption of these activities does not constitute an exemption for any other activity proposed on a property. A. Activities for the purpose of building one of the following: Page 4 of 4 StreamBufferord February 27, 2008 - a stream crossing by a driveway, transportation route or utility line; - public water supply intake or public wastewater structures or stormwater outfalls; intrusions necessary to provide access to a property; public access facilities that must be on the water including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks; unpaved foot trails and paths; activities to restore and enhance stream bank stability, vegetation, water quality and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used. B. Public sewer line easements. This includes such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures. This exemption shall not be construed as allowing the construction of roads, bike paths or other transportation routes in such easements, regardless of paving material, except for access for the uses specifically cited in Section 4.2A., above. C. Land development activities within a right-of-way existing at the time this ordinance takes effect or approved under the terms of this ordinance. D. Within an easement of any utility existing at the time this ordinance takes effect or approved under the terms of this ordinance, land disturbance activities and such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures. E. Emergency work necessary to preserve life or property. However, when emergency work is performed under this section, the person performing it shall report such work to the City Engineer on the next business day after commencement of the work. Within 10 days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the City Engineer to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area. Page 5 of 5 Stream8ufferord February 27, 2008 F. Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural uses and are not incidental to other land development activity. If such activity results in land disturbance in the buffer that would otherwise be prohibited, then no other land disturbing activity other than normal forest management practices will be allowed on the entire property for three years after the end of the activities that intruded on the buffer. G. Any activities approved under a 404 permit issued by the Corps of Engineers and 401 water quality certification issued by the Missouri Department of Natural Resources. After the effective date of this ordinance, it shall apply to new subdividing and platting activities. Any land development activity within a buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to these regulations. ARTICLE 5. LAND DEVELOPMENT REQUIREMENTS SECTION 5.1 BUFFER AND SETBACK REQUIREMENTS All land development activity subject to this ordinance shall meet the following requirements: A. For streams depicted as a solid blue line on the U.S.G.S. map, an undisturbed natural vegetative buffer shall be maintained for 50 feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank. For all other streams subject to this ordinance, an undisturbed natural vegetative buffer shall be maintained for 25 feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank. B. An additional setback shall be maintained for 25 feet, measured horizontally, beyond the undisturbed natural vegetative buffer, in which all impervious cover shall be prohibited. Grading, filling and earthmoving shall be minimized within the setback. Page 6 of 6 StreamBufferord February 27, 2008 C. No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback. SECTION 5.2 VARIANCE PROCEDURES Variances from the above buffer and setback requirements may be granted in accordance with the following provisions: A. Where a parcel was platted prior to the effective date of this ordinance, and its shape, topography or other existing physical condition prevents land development consistent with this ordinance, and the City Engineer finds and determines that the requirements of this ordinance prohibit the otherwise lawful use of the property by the owner, the Board of Adjustment of City of Cool Valley may grant a variance from the buffer and setback requirements hereunder, provided such variance require mitigation measures to offset the effects of any proposed land development on the parcel. B. Except as provided above, the Board of Adjustment of City of Cool Valley shall grant no variance from any provision of this ordinance without first conducting a public hearing on the application for variance and authorizing the granting of the variance by an affirmative vote of the Board of Adjustment. The City of Cool Valley shall give public notice of each such public hearing in a newspaper of general circulation within City of Cool Valley. Variances will be considered only in the following cases: 1. When a property's shape, topography or other physical conditions existing at the time of the adoption of this ordinance prevents land development unless a buffer variance is granted. 2. Unusual circumstances when strict adherence to the minimal buffer requirements in the ordinance would create an extreme hardship. Variances will not be considered when, following adoption of this ordinance, actions of any property owner of a given property have created conditions of a hardship on that property. C. At a minimum, a variance request shall include the following information: Page 7 of 7 StreamBufferord February 27, 2008 1. A site map that includes locations of all streams, wetlands, floodplain boundaries and other natural features, as determined by field survey; 2. A description of the shape, size, topography, slope, soils, vegetation and other physical characteristics of the property; 3. A detailed site plan that shows the locations of all existing and proposed structures and other impervious cover, the limits of all existing and proposed land disturbance, both inside and outside the buffer and setback. The exact area of the buffer to be affected shall be accurately and clearly indicated; 4. Documentation of unusual hardship should the buffer be maintained; 5. At least one alternative plan, which does not include a buffer or setback intrusion, or an explanation of why such a site plan is not possible; 6. A calculation of the total area and length of the proposed intrusion; 7. A stormwater management site plan, if applicable; and, 8. Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request must include an explanation of why none is being proposed. D. The following factors will be considered in determining whether to issue a variance: 1. The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property; 2. The locations of all streams on the property, including along property boundaries; 3. The location and extent of the proposed buffer or setback intrusion; and, 4. Whether alternative designs are possible which require less intrusion or no intrusion; 5. The long-term and construction water -quality impacts of the proposed variance; 6. Whether issuance of the variance is at least as protective of natural resources and the environment. Page 8 of 8 Stream Bufferord February 27, 2008 ARTICLE 6. COMPATIBILITY WITH OTHER REGULATIONS AND REQUIREMENTS This ordinance is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. The requirements of this ordinance should be considered minimum requirements, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence. ARTICLE 7. ADDITIONAL INFORMATION REQUIREMENTS FOR DEVELOPMENT ON BUFFER ZONE PROPERTIES SECTION 7.1 SITE PLAN INFORMATION Any permit applications for property requiring buffers and setbacks hereunder must include the following: A. A site plan showing: 1. The location of all streams on the property; 2. Limits of required stream buffers and setbacks on the property; 3. Buffer zone topography with contour lines at no greater than five (5) -foot contour intervals; 4. Delineation of forested and open areas in the buffer zone; and, 5. Detailed plans of all proposed land development in the buffer and of all proposed impervious cover within the setback; B. A description of all proposed land development within the buffer and setback; and, C. Any other documentation that the City may reasonably deem necessary for review of the application and to insure that the buffer zone ordinance is addressed in the approval process. All buffer and setback areas must be recorded on the final plat of the property following plan approval. A note to reference the vegetated buffer shall state: "There shall be no clearing, grading, Page 9 of 9 Stream Bufferord February 27, 2008 construction or disturbance of vegetation except as permitted by Stream Buffer Protection Ordinance of the City of Cool Valley". ARTICLE 8. RESPONSIBILITY Neither the issuance of a development permit nor compliance with the conditions thereof, nor with the provisions of this ordinance shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability upon City of Cool Valley, its officers or employees, for injury or damage to persons or property. ARTICLE 9. INSPECTION The City may cause inspections of the work in the buffer or setback to be made periodically during the course thereof and shall make a final inspection following completion of the work. The permittee shall assist the City in making such inspections. The City of Cool Valley shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this ordinance, and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the protection area. No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out official duties. ARTICLE 10. VIOLATIONS, ENFORCEMENT AND PENALTIES Any action or inaction which violates the provisions of this ordinance or the requirements of an approved site plan or permit may be subject to the enforcement actions outlined in this Section. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief. Page 10 of 10 Streameufferord February 27, 2008 SECTION 10.1 NOTICE OF VIOLATION If the City determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved site plan or the provisions of this ordinance, it shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this ordinance without having first secured the appropriate permit therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site. The notice of violation shall contain: A. The name and address of the owner or the applicant or the responsible person; B. The address or other description of the site upon which the violation is occurring; C. A statement specifying the nature of the violation; D. A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the approved site plan or this ordinance and the date for the completion of such remedial action; E. A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and, F. A statement that the determination of violation may be appealed to the City Engineer by filing a written notice of appeal within thirty (30) days after the notice of violation (except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient). SECTION 10.2 PENALTIES In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more of the following actions or penalties may be taken or assessed against Page 11 of 11 StreamBufferord February 27, 2008 the person to whom the notice of violation was directed. Before taking any of the following actions or imposing any of the following penalties, the City shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity, of not less than ten days (except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the City may take any one or more of the following actions or impose any one or more of the following penalties. A. Stop Work Order - The City may issue a stop work order which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such violation or violations. B. Withhold Certificate of Occupancy - The City may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein. C. Suspension, Revocation or Modification of Permit - The City may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit 'may be reinstated (upon such conditions as the City may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations. Page 12 of 12 StreamBufferord February 27, 2008 D. Civil Penalties - In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days (or such greater period as the City shall deem appropriate) (except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient) after the City has taken one or more of the actions described above, the City may impose a penalty not to exceed $1,000 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation. (5) Criminal Penalties - For intentional and flagrant violations of this ordinance, the citation may be issued by the City Cool Valley to the applicant or other responsible person, requiring such person to appear in City of Cool Valley municipal court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000 or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense. ARTICLE 11. ADMINISTRATIVE APPEAL AND JUDICIAL REVIEW SECTION 11.1 ADMINISTRATIVE APPEAL Any person aggrieved by a decision or order of the City's enforcement personnel, may appeal in writing filed with the City Clerk within 10 days after the issuance of such decision or order for a hearing before the Board of Adjustment of City of Cool Valley. SECTION 11.1 JUDICIAL REVIEW Any person aggrieved by a decision or order of Board of Adjustment, after exhausting all administrative remedies, shall have the right to seek review in the Circuit Court of St. Louis County pursuant to the provision of Chapter 536, RSMo. by filing for judicial review within fifteen (15) days of the decision for which review is sought Section Two. Page 13 of 13 StreamBufferord February 27, 2008 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 Three. The Chapter, Article, Division and/or Section assignments designated in this Ordinance may be revised and altered in the process of recodifying or servicing the City's Code of Ordinances upon supplementation of such code if, in the discretion of the editor, an alternative designation would be more reasonable. In adjusting such designations the editor may also change other designations and numerical assignment of code sections to accommodate such changes. Section Four. This ordinance shall be in full force and effect both from and after the date of its passage and approval by the Mayor and Board of Aldermen. PASSED BY THE BOARD OF ALDERMENdFOR THE CITY OF 2008. LA..,O j Qp C (P 'leX COOL VALLEY THIS J / DAY OF AYES: - lit w¢ -'1 9a- .axui NAYS: 0 ABSENT: t.) Attest: Eleanor Meyer, City Clef Presiding Officer Page 14 of 14 Stream Bufferord February 27, 2008 APPROVED THIS % DAY OF Attest: -: 1-6L4i t ,Pd , Eleanor Meyer, City Cle/JC 2008. 8 Randolph E. Mayor Page 15 of 15 Stream Bufferord February 27, 2008