HomeMy Public PortalAboutCity of Des PeresPROPOSED BY Staff BILL NO 2265
INTRODUCED BY Alderman Doering ORDINANCE 2260
AN ORDINANCE AMENDING CHAPTER 6. BUILDINGS OF THE MUNICIPAL
CODE OF THE CITY OF DES PERES, MISSOURI TO ESTABLISH GRADING,
EROSION, AND SEDIMENT CONTROL REGULATIONS FOR THE CITY OF
DES PERES, MISSOURI IN COMPLIANCE WITH THE CLEAN WATER ACT
WHEREAS, the federal Clean Water Act and subsequent regulations
issued by the US Environmental Protection Agency and Missouri Department of
Natural Resources mandate cities to take additional steps to prevent water
pollution including pollution resulting from storm water runoff; and
WHEREAS, controlling erosion run-off from land disturbance activities
caused by construction work is an important step in urban water pollution control;
WHEREAS, the mandated land disturbance permits under mandated DNR
regulations do not apply to tracts of land less then one (1) acre in size and the
City of Des Peres desires to continue its present grading requirements for such
small parcels; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
ALDERMEN OF THE CITY OF DES PERES, MISSOURI AS FOLLOWS:
SECTION ONE: Amendment for Phase II Storm Water Regulations
Chapter 6. Buildings and Building Regulations of the Municipal Code of the City
of Des Peres, Missouri, is hereby amended by adoption of a new Article XIII to be
entitled "Stormwater Pollution Control"to conform to federal and state mandates
requiring local governments to adopt more stringent grading and erosion control
standards and procedures under the Clean Water Act. Said Article XIII shall read
as follows:
ARTICLE XIII. Stormwater Pollution Control
Division 1. Generally
Section 6-301. Introduction/ Purpose
During the construction process, soil is highly vulnerable to erosion by wind and
water. Eroded soil endangers water resources by reducing water quality and
causing the siltation of aquatic habitat for fish and other desirable species.
Deposits of eroded soil also necessitate maintenance of sewers and ditches and
the dredging of lakes. In addition, clearing and grading during construction
cause the loss of native vegetation necessary for terrestrial and aquatic habitat.
Construction activities also utilize materials and generate wastes, which if not
properly controlled can pollute receiving waters.
The purpose of this article is to safeguard persons, protect property, and prevent
damage to the environment in the City of Des Peres. This ordinance will also
promote the public welfare by guiding, regulating, and controlling the design,
construction, use, and maintenance of any development or other activity that
disturbs or breaks the topsoil or results in the movement of earth on land in the
City of Des Peres.
Section 6-302. Definitions
For the purposes of this article, the following terms, phrases, words, and their
derivations shall have the meanings given herein.
Best Management Practices or BMPs: Practices, procedures or a schedule of
activities to reduce the amount of sediment and other pollutants in storm water
discharges associated with construction and land disturbance activities.
Clearing: Any activity that substantially 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.
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.
t
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.
2
F
Sediment Control: Any BMP that prevents eroded sediment from leaving a site.
Site Disturbance Permit: A permit issued by Des Peres Department of Public
Works authorizing disturbance of the land at a specific site subject to conditions
stated in the permit.
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 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 Des Peres and ensure compliance with
the terms and conditions of the applicable state permits, including adherence to
the land disturbance program contained in the state issued MS4 NPDES permit.
Water Course: A natural or artificial channel or body of water, including, but not
limited to lakes, ponds, rivers, streams, ditches and other open conveyances that
carry surface runoff water either continuously or intermittently.
Division 2. Administration
Section 6-311 Permits Required
A) Any person who intends to conduct any land disturbance
activity that will disturb 43,560 or more square feet must obtain a
site disturbance permit from the City of Des Peres.
B) Any person who buys a lot for construction from a person
who has been issued a permit under (A) above (unless purchased
for the purpose of building their own private residence) must obtain
a separate site disturbance permit from the City of Des Peres
unless the original permittee retains responsibility for the land
disturbance activities on the sold lot.
3
C) Site disturbance permits are not required for the following
activities:
1) Any emergency activity that is immediately necessary for the
protection of life, property, or natural resources.
2) Existing nursery and agricultural operations conducted as a
permitted main or accessory use.
D) Each permit application shall bear the name(s) and
address(es) of the owner and developer of the site, and of
any consulting firm retained by the applicant together with
the name of the applicant's principal contact at such firm and
shall be accompanied by a filing fee. The fees shall be $50
for disturbances of 2 acres or less, $100 for disturbances of
2 to 5 acres, $150 for disturbances of 5 to 10 acres, and
$200 for sites over 10 acres in size.
/
E) Each permit application shall be accompanied by a Storm
Water Pollution Prevention Plan, prepared for the specific
site by or under the direction of a qualified professional, and
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.
F) The permit applicant will be required to file with the City of
Des Peres a cash deposit in an amount deemed sufficient by
the City to cover all costs of improvements, landscaping,
maintenance of stabilization or sediment control
improvements for such period as specified by the City of Des
Peres, and engineering and inspection costs to cover the
cost of failure or repair of improvements installed on the site.
Such deposit shall be a minimum of $1,000 and a maximum
of $25,000.
G) The permit applicant will be required to obtain a land
disturbance permit issued by the Missouri Department of
Natural Resources for any site where one 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 larger common plan
that will ultimately disturb one acre or more.
4
Division 3. Provisions for Storm Water Pollution Control
Section 6-312. Storm Water Pollution Prevention Plan (SWPPP)
A) The design requirements in Section 6-313 of this article
shall be taken into consideration 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, overall, be responsible and in charge of
construction/development activities at the site.
2) Site address or location description.
3) A site map showing the outlines of the total project area, the
areas to be disturbed, existing land uses, locations and
names of surface water bodies, locations of temporary and
permanent BMPS and such other information as the City
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 under other chapters of the City's code
of ordinances.
6) An estimate of the runoff coefficient of the site prior to
disturbance and the runoff coefficient after the construction
addressed in the permit application is completed.
7) Estimated 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.
5
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, installation of temporary erosion and sediment
control measures, and establishment of permanent
vegetation.
16)AII erosion and sediment control measures necessary to
meet the objectives of this article 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 permittee will take in case
of a containment failure. This plan must include
documentation of actions and mandatory reporting to the
Department of Public Works.
6
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.
1
i
B) 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;
5) The SWPPP is determined to be ineffective in significantly
minimizing or controlling erosion or excessive sediment
deposits in streams or lakes;
6) The SWPPP is determined to be ineffective in preventing
pollution of waterways from construction wastes, chemicals,
fueling facilities, concrete truck washouts, toxic or hazardous
materials, site litter or other substances or wastes likely to
have an adverse impact on water quality;
7) Total settleable solids from a storm water outfall exceed 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 Des Peres or the Missouri Department of Natural
Resources determines violations of water Quality Standards
may occur or have occurred.
C) The permittee shall:
1) Notify all contractors and other entities (including utility
crews, city employees, or their agents) that will perform work
at the site, of the existence of the SWPPP and what actions
or precautions shall be taken while on site to minimize the
potential for erosion and the potential for damaging any
BMP;
7
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; 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.
Section 6-313. Design Requirements
A) Grading, erosion control practices, sediment control
practices, and water course crossings shall be adequate to prevent
transportation of sediment from the site to the satisfaction of the
Department of Public Works.
B) Cut and fill slopes shall be no greater than 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 sections of the City's 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 disturbing greater than
twenty (20) acres, with the size of each phase to be established at
plan review and as approved by the Department of Public Works.
G) Erosion control requirements shall include the following:
8
1) Soil stabilization shall be completed within five days of
clearing or inactivity in construction.
2) If seeding or another vegetative erosion control method is
used, it shall become established within two weeks or the
Department of Public Works may require the site to be
reseeded or a non -vegetative option employed.
3) Techniques shall be employed to ensure stabilization on
steep slopes and in drainage ways.
4) Soil stockpiles must be stabilized or covered at the end of
each workday.
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 or
within the total time allowed for the permit which shall be 3
months.
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
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.
I) Watercourse protection requirements shall include:
9
1) Encroachment into or crossings of active water
courses/riparian areas and wetlands shall be avoided to the
maximum extent practicable. Where applicable, all local,
state and federal permits and approvals shall be provided to
the Department of Public Works prior to the issuance of a
site disturbance permit.
2) Stabilization of any watercourse channels before, during,
and after any in -channel work.
3) If a defined watercourse is to be re -aligned or reconfigured,
clearing and grubbing activities within 50 feet of the
watercourse shall not begin until all materials and equipment
necessary to protect the watercourse and complete the work
are on site. Once started, work shall be completed as soon
as possible. Areas within 50 feet of the watercourse shall be
re -contoured and re -vegetated, seeded or otherwise
protected within five working days after grading has ceased.
4) All storm water conveyances shall be designed according to
the criteria of the Metropolitan St. Louis Sewer District
(MSD) and the necessary MSD permits obtained.
5) Stabilization adequate to prevent erosion shall be provided
at the outlets of all pipes and paved channels.
J) Construction site access requirements shall include:
1) A temporary access road provided at all sites including a
wash -down area 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
10
with the substances contained and shall be adequate to
protect both surface and ground water.
2) Collection and disposal of discarded building materials and
other construction site wastes, including those listed in
subsection 1.1 of this section relating to watercourse
protection.
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.
Section 6-314. Inspections
A) The Department of Public Works shall make inspections as
hereinafter required and either shall approve that portion of the
work completed or shall notify the permittee wherein the work fails
to comply with the 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. To
obtain inspections, the permittee shall notify the Department of
Public Works 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
B) The permittee or his/her agent shall make regular
inspections of the land disturbance site, including all erosion and
sediment and other pollutant control measures, outfalls and off -site
receiving waters in accordance with the inspection schedule
outlined in the approved SWPPP. Inspections must be scheduled at
least once per week and no later than 72 hours after heavy rain.
The purpose of such inspections will be to ensure proper
11
installation, operation and maintenance of BMPs and to determine
the overall effectiveness of the SWPPP and the need for additional
control measures. All inspections shall be documented in written
form on weekly reports with copies submitted to the Department of
Public Works 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)
responsible for any deficiencies identified so that deficiencies can
be corrected within seven 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
Section B or to otherwise ensure proper installation, operation and
maintenance of storm water BMPs and to determine the overall
effectiveness of the SWPPP and the need for additional control
measures.
Section 6-315. Enforcement
A) Stop -Work Order; Revocation of Permit
In the event that any person holding a site disturbance permit
pursuant to this article 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 Public
Works may suspend or revoke the site disturbance permit.
B) Violation and Penalties
No person shall construct, enlarge, alter, repair, or maintain any
grading, excavation, or fill, or cause the same to be done, contrary
to or in violation of any terms of this article. Any person violating
any of the provisions of this article shall be deemed guilty of a
misdemeanor and each day during which any violation of any of the
12
provisions of this article 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 $ 1000.00 per day 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 article shall be required to bear the expense of
remediation of any damage caused thereby and restoration of
BMP's required for the site.
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) The site has been fully stabilized and all temporary storm
water control BMP's have been removed.
2) All permanent storm water control BMPs have been
completed
3) All final inspections/certifications have been completed by
each of the governmental jurisdictions involved in authorizing
the project.
SECTION TWO: Amendments to Grading Permits
Section 6-2. Grading Permits of Chapter 6. Buildings and Building Regulations of
the Municipal Code of the City of Des Peres, Missouri, is hereby amended to
delete subsections (a) and (b) and to adopt new subsections in lieu thereof to
read as follows:
(a) For land disturbance involving areas of less than one acre (43,560
square feet) in area, no person shall, without first obtaining a
grading permit from the Department of Public Works of the city,
alter or cause to be altered the surface of the land by any cut or fill
which:
(1)
(2)
(3)
Is located within ten (10) feet of the property line;
Would permanently divert one drainage area to another
drainage area;
Changes the grade by two (2') or more feet in elevation
(b) Each application for a grading permit shall be accompanied by a
grading plan showing the existing and proposed contours normally
at two (2') foot intervals. The plan must show the location and type
13
of all erosion and sediment control devices which are required to be
provided at the downhill portion of the site.
SECTION THREE: Severability
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 or 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 FOUR: Effective Date
This ordinance shall be in full force and effect both from and after its
passage and approval by the Mayor and the Board of Alderman.
Voting in Favor: Aldermen Raczkiewicz, Fingerhut, Gmelich,
Kleinschmidt, Doering, Pound
Voting Against: None
Absent: None
This Ordinance Passed this 10th day of Nove 003.
ATTEST:
Pr • siding Officer
City Administrator/City Clerk
This Ordinance approved this 10th day of N ber,
ATTEST.
.
Mayor Rick Lahr
City A '► !stator/City Clerk 1st Reading 11-10-2003
2nd Reading 11-10-2003
14