HomeMy Public PortalAboutCity of Ellisville SPONSORED BY COUNCIL MEMBER PAVLACK BILL NO. 2946
INTRODUCED BY COUNCIL MEMBER PAVLACK ORD. NO. 2769
AN ORDINANCE ADOPTING NEW REGULATIONS
REGARDING LAND DISTURBANCE ACTIVITIES, AND
INSPECTIONS, COLLECTION OF FEES, AND PENALTIES
FOR VIOLATIONS RELATED THERETO.
WHEREAS, effective March 10, 2003, the Missouri Department of
Natural Resources issued Phase II Storm Water Permit MO-R040005
and circulated a Storm Water Management Plan to co-permitees in
St, Louis County, one of which being the City of Ellisville; and
WHEREAS, on Sites of Land Disturbance, soil is highly vulnerable to
erosion by wind and water and 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.
WHEREAS, the purpose of this Land Disturbance ordinance is to
safeguard persons, protect property, and prevent damage to the
environment in Ellisville. 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 or land in Ellisville.
WHEREAS, the City of Ellisville has agreed to adopt Land Disturbance
regulations as a co-permittee under the St. Louis Area Phase II
Storm Water Management Plan designed to meet the regulatory
requirements of the Missouri Department of Natural Resources and
the United States Environmental Protection Agency.
WHEREAS, these Land Disturbance regulations provide for the
safety, health and welfare of the public by regulating and controlling
the design, construction, use, and maintenance of any development
or other activity that disturbs land surfaces or results in the
movement of earth in Ellisville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELLISVILLE, AS FOLLOWS:
SECTION 1. Land Disturbance Regulations
1.1 Title: Land Disturbance Regulations of Ellisville, Missouri,
hereinafter referred to as "regulations."
1.1.1 Definitions; For the purpose of this ordinance, 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. BMPs also Include treatment and
requirements, operating procedures and practices to control plant site
runoff, spillage or leaks, sludge or waste disposal or drainage from raw
material storage, and both structural and nonstructural measures to
control, treat or prevent storm water runoff pollution within waters of the
state. "Structural measures" means engineered devices and
"nonstructural measures" Includes, but is not limited to alternative site
design, ordinance and zoning, education and good housekeeping
measures. Types of BMPs include, but are not limited to:
(a) State-approved standard specifications and permit
programs.
(b) Employee training in erosion control, material
handling and storage and house-keeping for maintenance areas.
(c) Site preparation such as grading, surface
roughening, topsoiling, tree preservations and protection, and temporary
construction entrances.
(d) Surface stabilization such as temporary seeding,
permanent seeding, mulching, sodding, ground cover including vines and
shrubs, riprap and geotextile fabric. Mulches may be hay, straw, fiber
mats, netting, wood cellulose, corn or tobacco stalks, bark, corn cobs,
wood chips or other suitable material which is reasonably clean and free
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of noxious weeds and deleterious materials. Grasses used for temporary
seeding shall be a quick growing species such as rye grass, Italian rye
grass or cereal grasses suitable to the area and which will not compete
with the grasses sown later for permanent cover.
(e) Runoff control measures such as temporary diversion
dikes or berms, permanent diversion dikes or berms, right-of-way or
perimeter diversion devices, and retention and detention basins; and
sediment traps and barriers, sediment basins, sediment (silt) fence and
staked straw bale barriers.
(f) Runoff conveyance measures such as grass-lined
channels, riprap and paved channels, temporary slope drains, paved
flumes or chutes; and slope drains may be constructed of pipe, fiber
mats, rubble, Portland cement concrete, plastic sheets or other materials
that adequately will control erosion.
(g) Inlet and outlet protection.
(h) Stream bank protection such as a vegetative
greenbelt between the land disturbance and the watercourse. Also,
structural protection which stabilizes the stream channel.
(i) A critical path method analysis or a schedule for
performing erosion control measures.
(j) Other proven methods for controlling runoff and
sedimentation.
Army Corps of Engineers: The Army Corps of Engineers,
acting through its Director, or his/her duly authorized designee.
BOCA: Refers to the currently adopted BOCA National
Building Code; these regulations are designed to be used with the adopted
BOCA Codes as a reference for minimum performance standards.
Building Department: The Ellisville Building Department,
acting through its Director, or his/her duly authorized designee,
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City: The City of Ellisville, Missouri.
Clearing: Any activity that removes the vegetative surface
cover or destroys the root system.
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 development.
Debris or Sediment Basin: A barrier or darn built across a
waterway or at other suitable locations to retain rock, sand, gravel, silt
or other materials.
Department of Highways and Traffic: The County
Department of Highways and Traffic, acting through its Director, or
his/her duly authorized designee.
Department of Public Works: The Ellisville Department of
Public Works, acting through its Director, or his/her duly authorized
designee.
Diversion: A channel with or without a supporting ridge on
the lower side constructed across or at the bottom of a slope.
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.
Excavation or Cut: The removal, stripping or disturbance
of soil, earth, sand, rock, gravel or other similar substances from the
ground.
Existing Grade: The vertical location of the existing
ground surface prior to excavations or filling.
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FEMA: Federal Emergency Management Agency.
Fill or Filling: The placing of any soil, earth, sand, rock,
gravel or other substance on the ground.
Finished Grade: The final grade or elevations of the
ground surface conforming to the proposed design.
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 or
destruction of the root zone or otherwise results in leaving the ground
surface exposed to soil erosion through the action of wind or water.
Land Disturbance, Major: Any Land Disturbance Activity
involving one (1) acre or more of land, or a site involving less than one
(1) acre that is part of a proposed development that will ultimately
disturb one (1) acre or more.
Land Disturbance, Ordinary: Any Land Disturbance Activity
involving less than one (1) acre of land.
Land Disturbance Permit: A permit issued by the authority
having jurisdiction authorizing a Land Disturbance Activity at a specific
site subject to conditions stated in the permit. A Land Disturbance Permit
may be for any one or more Major or Ordinary Land Disturbance
Activities.
Missouri Department of Natural Resources: The State
Department of Natural Resources, acting through its Director, or his/her
duly authorized designee.
NPDES: National Pollution Discharge Elimination System—
federal legislation that requires cities to establish permit procedures to
control sediment pollution.
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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 outfalis from a site,
Sediment: Solid material, mineral or organic, that has
been moved by erosion and deposited in a location other than the point
of origin.
Sediment Control: Any Best Management Practices (BMP)
that prevents eroded sediment from leaving a site.
Silt Traps or Filters: Staked bales or silt fencing systems
that function as a filter and a velocity check to trap fine-grained
sediment while allowing satisfactory passage for storm water runoff.
Site: A lot or parcel of land, or a contiguous combination
thereof, where grading work is performed as a single unified operation.
Site Development: Altering terrain and/or vegetation and
constructing improvements.
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
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Practices 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 and County and ensure compliance
with the terms and conditions of the applicable state permits, including
adherence to the land disturbance program contained in Missouri MS4
NPDES permits.
Stream bank, Top of Existing: The usual boundaries, not
the flood boundaries, of a stream channel. The top of the natural incline
bordering a stream.
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.
1.1.2 APPLICABILITY
1,1.2.1 Other Laws: The provisions of this Code shall
be interpreted consistent with, and shall not be deemed to nullify, any
related provisions of City, County, state or federal law.
1.1,3 ENFORCEMENT
1.1.3.1 Department of Public Works: The Department
of Public Works shall have the authority and responsibility to perform the
following functions related to the enforcement of this Code, including:
1. Receive applications for Major Land
Disturbance Permits;
2. Coordinate the review of Major Land
Disturbance Permit applications and accompanying documents with
City Departments and the Metropolitan St, Louis Sewer District (MSD),
Department of Natural Resources and Corps of Engineers, if
necessary;
3. Issue Major Land Disturbance Permit in
coordination with the Departments of the City, the Metropolitan St.
Louis Sewer District (MSD), Department of Natural Resources and
Corps of Engineers, if necessary;
4. Inspect Major Land Disturbance Activities;
5. Inspect Land Disturbance Activities within or
abutting areas designated one-hundred (100) year flood plain;
6. Receive applications, perform plan review,
inspect and issue permits for Ordinary Land Disturbance Activities
relating to Best Management Practices to be utilized to control erosion
and sedimentation from leaving the site during construction and other
Land Disturbance Activities;
7. Plan review of Major Land Disturbance
Activities;
8. Plan review and Inspection of Land Disturbance
Activities related to construction, repair, maintenance, or condition of
roadways and roadway rights-of-way which are maintained by the
City; and
9. Plan review of Land Disturbance Activities
within or abutting areas designated one-hundred (100) year flood
plain.
10. Administer the determination, collection and
release of site development escrows required by this Code.
1.1.3.2 The Department of Public Works shall
promptly issue a Land Disturbance Permit upon determination that all
applicable provisions of this Code have been met. No Major Land
Disturbance Permit or Ordinary Land Disturbance Permit shall be issued if
the Department of Public Works finds that the proposed land disturbance
activity would result in a material change in the amount or pattern of surface
water run-off to the substantial injury of neighboring public or private
property or right-of-way.
All land disturbance activities shall be carried out in
such a manner as to minimize inconvenience and harm to adjacent
properties and property owners.
1.1.3.3 Departments having enforcement authority
and responsibilities described in this Code shall have the authority, as
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necessary in the interest of public health, safety and general welfare, to
adopt and promulgate interpretations to implement the provisions of this
Code, in order to secure the intent thereof, and to designate requirements
applicable because of local climatic or other conditions. Such interpretations
shall not have the effect of waiving requirements specifically provided for in
this Code or of violating accepted engineering practices involving the
purpose of this Code.
1.1.3.4 The City shall not be liable to any person
or entity for any action taken pursuant to authority of this Code or for failure
to take action authorized by this Code.
SECTION 1,1.4 VIOLATIONS
1.1.4.1 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 ordinance.
1,1.4.2(a) Whenever the enforcement personnel find
evidence of a violation of any provision of this article, written notice thereof
shall be given to the responsible party (owner and/or occupant as the case
may be). Such notice shall be in writing and shall include: (1) a statement
of the provisions being violated, together with a designation of the remedial
action to be taken; (2) the period of time within which such remedial action
shall be completed, which time shall be a reasonable period of time under all
of the circumstance; (3) a notice of the penalty for failure to timely remove
or abate the violation, including that a summons will be issued for hearing
before the municipal court; and (4) a statement that if the violation reoccurs
within a period of 12 months after the aforesaid date by which the violation
shall be removed or abated, a summons may be issued without further
notice. Such notice shall be served by the enforcement personnel by
delivering a copy to the responsible party or by sending a copy of the notice
by registered or certified mail with return receipt requested to the last
known address, or if the address of the responsible part is unknown, by
posting a copy of such notice in a conspicuous place in or about the property
affected by the notice. The notice shall be deemed served on the date
delivered or received, or ten (10) days after posting.
(b) The responsible party shall remedy the
conditions specified in such notice within the time designated therein,
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provided that the enforcement personnel may, for good cause, extend the
time for compliance with any such notice.
(c) Once notice has been given to a person
regarding a violation, if the same violation recurs in or on the same lot or
tract of land, or land adjacent thereto, within 12 months after the date
stated in the notice as the deadline to remove or abate the violation, no
further notice shall be required and the same person may be summoned into
municipal court regarding the recurring violation.
(d) If a warning notice is given as provided in sub-
section (c), and if after the time for removal or abatement has lapsed, the
property is reinspected and the inspector finds and determines that the
violation has not been removed or abated, the inspector shall fill out and
sign as the complainant a complaint and information form, hereinafter
referred to as a summons, directed by name to the occupant, owner, or
person in charge of the property, showing the address or legal description of
the property on which the violation is located, and such other information as
may be available to the inspector and setting forth in general the nature of
the violation, and may serve the summons on the occupant, owner, or
person In charge, or any or all such persons. If a notice Is not required under
subsection (e) the inspector who finds and determines that a violation has
recurred may fill out and sign as the complainant a complaint and
information form as provided above and may serve the summons on any
person who is not entitled to notice under subsection (e). The summons
shall contain a date on which the case will be on the municipal court docket
for a hearing. The city's prosecuting attorney or assistant prosecuting
attorney shall sign the original copy of all such summons, and the original •
thereof shall be forwarded to the clerk of the municipal court for inclusion on
the court's docket for the date shown on the summons. If the violation is
corrected prior to the court date, the inspector may request the prosecuting
attorney to dismiss the matter. If the matter is dismissed, notice of
dismissal shall be promptly provided to the summoned party.
(e) If no one is found at the property to accept a
summons for failure to remove or abate a violation, the inspector shall fill
out and sign the summons as the complainant as provided in subsection (a)
and deliver the original and one copy of the summons to the clerk of the
municipal court. The clerk shall then mail the copy of the summons by
ordinary mall, postage prepaid to the person named therein at the address
shown on the summons, or at such other address as the person charged
therewith may be found, or shall be known to reside. If the mail is duly
addressed to the person named in the summons at the address as provided
above and is not returned to the city, it shall be deemed to have been
delivered and received by the person to whom addressed.
1.1.4.3 Violation, Penalties: Any person, firm or
corporation who shall violate any provision of this Code, or who shall fail to
comply with any of the requirements thereof, or who shall perform work in
violation of the approved construction documents or the Storm Water
Pollution Prevention Plan, or any directive of the Department of Public
Works, 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 a
misdemeanor, punishable according to Chapter 1, Section 12 of the Ellisvllle
Municipal Code.
1.1.4,4 No-Permit Penalty: In addition to the
penalties set out above, the following procedure shall be followed where the
Department of Public Works determines that work has been started prior to
the acquisition of a permit required by this Code:
1. The Department shall issue a stop work
order.
2. The Department Director 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 Department 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. The violator shall either accept the
penalty assessment and pay the assessed penalty amount (certified
check or cash only) to the City Department, or pursue a timely appeal.
4. In the event of an appeal, the
Department may revise its assessment upon notice to both the City
Administrator and the violator at any time prior to the hearing.
Likewise, at any time prior to the hearing, the violator may accept and
pay the recommended penalty amount and the hearing will be
canceled.
1,1.4.5 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.
1.1.4.6 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 Department of Public Works
may suspend or revoke such permit.
1.1.4.7 Stop Work Order: Upon notice from the
Department of Public Works 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.
1.1.4.8 Unlawful Continuance: Whenever the
Department of Public Works finds that any Land Disturbance Activity is being
prosecuted contrary to the provisions of this Code or in an unsafe and
dangerous manner, the owner or the person performing such Activity shall
immediately stop such Activity. The stop work order shall be in writing and
shall be given to the owner of the property Involved, or to the owner's
agent, or to the person doing the work; and shall state the conditions under
which work will be permitted to resume. Any person, who shall continue any
work In or about the property after having been served with a stop work
order, except such work as that person is directed to perform to remove a
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violation or unsafe condition, shall be subject to penalties as specified in
Sections 104.4 or 104.4.1 of the City of Ellisvilie Code of Ordinances.
1.1.5 APPEALS
1.1.5.1 Application for appeal: Any person shall have the
right to appeal a decision of the Department of Public Works to the Board of
Adjustment pursuant to Section 30-9. An application for appeal shall be
based on a claim that the intent of this Code or the rules or regulations
adopted there under has been incorrectly interpreted or the provisions of
this Code do not apply.
1.1.5.2 Resolution: The decision of the Board of
Adjustment shall be in writing. Copies shall be furnished to the appellant
and to the Department of Public Works.
1.1.5.3 Administration: The applicable Department shall
take immediate action in accordance with the decision of the Board of
Adjustment.
1.1.5.4 Court Review: A party adversely affected by a
decision of the Board of Adjustment may appeal to an appropriate court from
such decision. Application for review shall be made in the manner and time
required by law following the filing of the decision.
1.1.5.5 Payment: Upon conclusion of any and all timely
review proceedings, the final assessed penalty shall be immediately paid.
SECTION 1.1.6 LAND DISTURBANCE PERMITS REQUIRED
1.1.6.1 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
1.1.6.2 or 1.1.6.3 in this Code.
1.1.6.2 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 Department of Public Works.
1.1.6.3 Ordinary Land Disturbance Permit: No person
shall perform any Ordinary Land Disturbance Activity prior to receipt of an
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Ordinary Land Disturbance Permit, Applications for Ordinary Land
Disturbance Permits shall be filed with the Department of Public Works.
1.1,6.3.1 Building Permit and related Ordinary
Land Disturbance Activities: The Department of Public Works 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.
1.1.6.4 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 1,1.6.2 or 1.1.6.3 of this ordinance
must obtain a separate Land Disturbance Permit from the City, except that
Major Land Disturbance Permits and Ordinary Land Disturbance
Permits may be transferred to a new land owner provided the original permit
holder obtains the approval of the Department of Public Works and retains
responsibility for the Land Disturbance Activities on such property.
1.1.7 Exceptions - Land Disturbance Permits Not Required:
1.1.7.1 Land 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. 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.
1.1.7.2 Land Disturbance Permits are not required for
the following activities, 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
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deposit mud or harmful sift, 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. Grading of land that does not remove or
destroy more than 5,000 square feet of tree canopy coverage in one year
or less for bonafide farming, nurseries, landscaping or gardening or
similar agricultural or horticultural use whenever there is substantial
compliance with recommendations or standards of the local soil
conservation authority; provided, however, that this exception shall not
include or exempt from the permit requirement any grading in
anticipation of or in preparation for construction of buildings or any
construction or development that would require rezoning or subdivision
of the land.
2. Land disturbance for residential purposes on
any lot of three acres or less containing a single family residence for
which an occupancy permit as been issued; provided appropriate
measures are taken to prevent increased site erosion, water run off,
siltation or other damage to neighboring property. Where it is
determined that such erosion measures are not being taken, the Director
of Public Works may revoke application of this exemption to the subject
site. (The City requires sump pump discharge, surface water run-off
concentrated into an enclosed pipe system and any other water collected
by artificial means shall not be discharged closer than 10 feet from any
property line and not within any public right-of-way or on public property
without prior permission from the code official.)
3. Land Disturbance Activities involving less than
fifteen (15) cubic yards of earth/soil moved and less than 2,000 square feet
of disturbed area provided the Land Disturbance Activity is for the
improvement of the property. Erosion and sediment control measures shall
be provided when necessary, until grass or other vegetation is established or
other approved means of ground cover means are used.
4. Land Disturbance Activities associated with
additions to and accessory structures for one- and two-family dwellings.
5. 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
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or other vegetation is established. Any cut or fill in conjunction with the
preparation of the seedbed shall not exceed thirty (30) cubic yards.
6. Gardening and similar activities on property
occupied by one- or two- family dwellings.
1.1.8 State of Missouri Permits Required: The 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. A
copy of the state application and permit must be included in the application
to the City.
LAND DISTURBANCE PERMIT APPLICATIONS
1.1.9 Permit applications: - Applications for Land
Disturbance Permits required by this ordinance shall be in the form
prescribed by and accompanied by the site plans and documents determined
necessary by the Department of Public Works. Applications for Land
Disturbance Permits shall include proof that proposed land disturbance and
uses have received any applicable zoning approval from the City.
1.1.9.1 Photographs/videotaping, It shall be the duty of
the Director of Public Works, immediately prior to the time of designating
the route or routes or alternate route or routes as provided above, to
examine the condition of the streets to be used and to photograph or
videotape the streets, showing the condition of the pavement, curbs,
sidewalks and other physical features, which shall be dated and a
memorandum made of the location shown by such photographing. Within
five (5) clays after termination of the use of the streets as herein provided, It
shall be the duty of the Director to have additional photographs or video
tapes made and proper descriptive matter included therewith.
1.1.9.2 Inspection. In addition to the taking of
photographs before and after construction, the Director of Public Works shall
cause a thorough inspection to be made of the condition of the pavement of
the streets designated and used under the permit, as well as the curbs and
sidewalks, and shall make written reports of his findings, including with his
report after termination or completion of the work, his estimate of the cost
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of restoring the streets to its original condition as well as any curbs or
sidewalks or other public property.
1.1.9.3: Damage to streets, etc. At the time the Director of
Public Works designates the route or routes to be used as provided above,
he shall notify the contractor that the City will hold the contractor liable for
unusual wear and tear or damage to streets, curbs, sidewalks, or other
public facilities, and that acceptance of the route or routes by the contractor
shall constitute an agreement on his part to pay the reasonable cost of
restoring the streets, curbs and sidewalks in question to their original
condition if the surety amount determined to cover such damage is
insufficient. Within thirty (30) days after termination or completion of the
contractor's usage of said route or routes under the grading permit, the
contractor shall pay to the City an amount sufficient to reimburse the City
for the expense of restoring the streets, sidewalks and curbs to their original
condition.
1.1.9.4 Barriers at construction site. After new excavation
or construction is commenced, on any lot or tract of land in the City, and
until sodding, planting, concreting, paving or other final surfacing is in place
which will avoid washing or spreading of dirt and mud onto other property,
sidewalks, curbs, gutters, streets, and the space between sidewalks and
curbs, the owner of the property, or the contractor or builder
in charge of work, shall erect and maintain temporary walls or other
approved barriers to prevent such washing or spreading of mud or dirt. At
the end of each day, and as required and necessary throughout the
day, during the course of excavating or construction, dirt and mud on the
sidewalks, curbs, gutters, and streets, and the space between sidewalk and
street, resulting from work, must be removed.
1.1.10 Storm Water Pollution Prevention Plan (SWPPP)
Required 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 which shall be dated and bear the Qualified
Professional's original seal and signature. 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.
17
1.1.11 Required Site Development Escrows for Land
Disturbance Permits: Applicants for Land Disturbance Permits shall, upon
approval of their application but prior to issuance of permit, file a site
development escrow, in the form of a letter of credit, or other improvement
security in an amount deemed sufficient by the Department of Public Works
to cover all costs of required erosion and sediment controls, water course
protections, site access controls, and material and waste controls,
1.1.11.1 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 control Best
Management Practices (BMPs) have been removed and the site has been
fully stabilized,
2. All permanent control Best
Management Practices (BMPs) have been completed.
3. All final Land Disturbance
inspections/certifications have been completed by each of the
government jurisdictions involved in authorizing the project.
1.1.12 Issuance of Permits. Land Disturbance Permits
shall not be issued until the fees associated with the permit are paid to the
City.
1.1.12.1 Department of Public Works: Fees for the
activities of the Department of Public Works related to Land Disturbance
Permits shall be in accordance with the fee rates established in Appendix A
Comprehensive Fee Schedule. In applying the Fee Schedule, the total
estimated cost of Land Disturbance Activities shall include applicable
grubbing, site clearing, rough grading, sediment and erosion control
measures, excavating, backfill, final grading, concrete flatwork, asphalt
pavement, and final landscaping. The Department of Public Works may
require a bona fide contract or an affidavit of the owner of the project, in
which the applicant and owner verify the total cost of the site improvements
related to the permit.
1.1.13 STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
18
1.1.13.1 Content - Storm Water Pollution Prevention Plan
(SWPPP): Compliance with the design requirements of this Code is required
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 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
pertinent information as may be required by the Department of Public
Works.
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 materials
brought to the site, spreading and compacting. Existing and proposed
contours shall be shown at two (2) foot elevation intervals.
5. A natural resources map identifying soils,
forest cover, and resources protected under other provisions of Ellisville
Ordinances.
6. An estimate of the Runoff Coefficient of
the site prior to disturbance and the Runoff Coefficient after the construction
addressed in the permit application is completed.
7. Estimated quantity of land to be
disturbed.
8. Details of the site drainage pattern both
before and after Major Land Disturbance Activities.
19
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.
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.
20
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. Pians 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 Department of Public Works.
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.
1,1.13.2 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
in a way that could significantly affect the quality of the storm water
discharges;
3. Site operator's inspections indicate deficiencies
in the Storm Water Pollution Prevention Plan (SWPPP) or any Best
Management Practices (BMP);
4. Inspections by the 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 mi/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.
1.1.14 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, City or County employees, 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 performing erosion control, material handling and storage,
and housekeeping;
3. Provide copies of the Storm Water Pollution
Prevention Plan (SWPPP) to all parties who are responsible for
installation, operation or maintenance of any Best Management Practices
(BMP); and
4. Maintain a current copy of the Storm Water
Pollution Prevention Plan (SWPPP) on the site at all times.
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DESIGN REQUIREMENTS
1.1.15 GENERAL
1.1,15.1 Design: The design of erosion and sediment
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 or other approved materials.
3. 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. All exactions, grading, or filling
shall have a finished grade not to exceed a 3:1 slope (thirty-three (33)
percent). Steeper grades may be approved by the Director of Public
Works if the excavation Is through rock or if the excavation or the fill is
adequately protected (a designed head wall or toe wall may be required).
Turf Reinforce Mattresses (TRM), rock slopes, and other Best
Management Practices (BMPs) could be utilized for slopes in excess of
3: 1, but should be approved by a qualified geotechnical engineer hired
by the developer and approved by the City prior to and/or during
installation and hey should be listed for concurrence, prior to installation.
Retaining walls that exceed a height of forty-two (42) inches shall
require the construction of safety guards as identified in the appropriate
sections(s) of the adopted building codes and must be approved by the
City Building Department, Permanent safety guards shall be constructed
in accordance with the appropriate section(s) of the adopted BOCA Codes
(latest edition). Also, the following water quality issues as a reference an
be used: Protecting Water Quality - A Field Guide to Erosion, Sediment
and Storm water Best Management Practices for Development Sites in
Missouri.
23
4. Clearing and grading of natural resources, such
as forests and wetlands, shall not be permitted, except when In
compliance with all other City 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.
7. Phasing shall be required on all sites disturbing
greater than twenty (20) acres of land. The size of each phase will be
established by the Department of Public Works at the time of plan review
for the issuance of a Major Land Disturbance permit. Phasing should
identify the expected date on which clearing will begin, the estimated
duration of exposure of cleared areas and the sequence of clearing,
installation of temporary sediment control measures, installation of storm
drainage, paving streets and parking areas, and establishment of
temporary and permanent vegetative cover, The Director of Public
Works may waive specific requirements for the content of submissions
upon finding that the information submitted is sufficient to show that the
work will comply with the objective and principles of these regulations.
1.1.15.2 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. Where
natural vegetation is removed during grading, vegetation shall be re-
established in such a density, seventy-five (75) percent vegetative cover
of area disturbed, as to prevent erosion. Permanent type grasses shall
be established as soon as possible or during the next seeding period
after grading has been completed. When grading operations are
completed or suspended for more than thirty (30) days, permanent grass
must be established at sufficient density, fifty (50) percent to seventy-
24
five (75) percent vegetative cover, to provide erosion control on the site.
Between permanent grass seeding periods, temporary cover shall be
provided according to the Direct of Public Works' recommendations. All
finished grades (areas not to be disturbed by future improvements) in
excess of twenty-percent slopes (5: 1) shall be mulched and tacked as
directed by the Director of Public Works.
3. Techniques shall be employed to ensure
stabilization on steep slopes and in drainage ways. Provisions shall be
made to accommodate the increased runoff caused by changed soil and
surface conditions during and after grading. Unvegetated open channels
shall be designed so that gradients results in velocities of two (2) fps
(feet per second) or less. Open channels with velocities more than two
(2) fps and less than five (5) fps shall be established in permanent
vegetation by use of commercial erosion control blankets or lined with
rock riprap or concrete or other suitable materials as approved by the
Director of Public Works. Detention basins, diversions, or other
appropriate structures, as required by the Director of Public Works, shall
be constructed to prevent velocities above five (5) fps.
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. The adjoining ground to development sites
(lots) shall be provided with protection from accelerated and increased
surface water, silt from erosion, and any other consequences of erosion.
Runoff water from developed areas (parking lots, paved sites and
buildings) above the area to be developed shall be directed to diversions,
detention basins, concrete gutters and/or underground outlet systems.
Sufficiently anchored straw bales may be temporarily substituted with
the approval of the Director of Public Works. All lots shall be seeded and
mulched at the rates defined in Appendix A or sodded before an
25
•
occupancy permit shall be issued except that a temporary occupancy
permit may be issued by the Building Department in cases of undue
hardship because of unfavorable ground conditions.
8. The Director of Public Works shall, at least two
days before the commencement of work and usage of the streets and
rights of way of the City, notify the contractor of the route or routes to
be used by such trucks and equipment. It shall be the duty of the
Director of Public Works, to perform pre and post construction
inspections, via photograph or videotape, to determine the necessary
restoration required to be performed by the contractor. If after thirty
days from notification by the Director of Public Works the contractor does
not perform the necessary repairs, he/she will be considered in violation
of this ordinance and be subject to the penalties detailed in Chapter 1,
Section 12 of the Eilisviile Municipal Code.
1.1.15.3 Sediment Control Design: Sediment control
requirements shall include:
1. Settling basins, sediment traps, or tanks and
perimeter controls.
2. Settling basins shall be provided for each
drainage area within 10 or more acres disturbed at one time and shall be
sized to contain 0.5 inch of sediment from the drainage area and be able
to contain a 2-year,. 24-hour storm. If the provision of a basin of this
size is impractical, other similarly effective Best Management Practices
(BMP), as evaluated and specified in the Storm Water Pollution
Prevention Plan (SWPPP), shall be provided.
3. Settling basins shall be designed in a manner
that allows adaptation to provide long-term storm water management,
as required by the department(s) having enforcement authority and
responsibilities described in this Code.
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.
26
1.1.15.4 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 county, state and federal permits and approvals
shall be obtained by a permit holder prior to beginning work authorized
by a Land Disturbance Permit,
2. Development along natural watercourses shall
have residential lot lines, commercial or industrial improvements, parking
areas or driveways set back a minimum of fifty (50) feet from the top of
the existing stream bank. The watercourse shall be maintained and
made the responsibility of the subdivision trustees or, in the case of a
site plan, by the property owner. Permanent vegetation shall be left
intact. Variances will include designed stream bank erosion control
measures and shall be approved by the Direct of Public Works. FEMA and
U.S. Army Corps of Engineers guidelines shall be followed where
applicable regarding site development areas designated as floodplains
and wetlands.
3. Stabilization of any watercourse channels
before, during, and after any in-channel work.
4. If a defined watercourse is to be re-aligned or
re-configured, clearing and grubbing activities within fifty (50) feet of the
watercourse shall not begin until all materials and equipment necessary
to protect the watercourse and complete the work are on site. Once
started, work shall be completed as soon as possible. Areas within fifty
(50) feet of the watercourse shall be re-contoured and re-vegetated,
seeded or otherwise protected within five working days after land
disturbance activities have ceased.
5. All storm water conveyances shall be designed
according to the latest criteria of the St. Louis Metropolitan Sewer District
(MSD) and the necessary MSD permits obtained.
6. Stabilization adequate to prevent erosion shall
be provided at the outlets of all pipes and paved channels.
1.1.15.5 Construction Site Access Design: Construction
site access requirements for Major Land Disturbance Activities shall include:
27
1. A temporary access road provided at all land
disturbance sites including a wash down area supporting all active
sites.
2. The Department of Pubic Works 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.
1.1.15.6 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.
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 1.1.15.6 1 above.
3. Litter control.
4. Control of concrete truck washouts,
5. Assurance that on-site fueling facilities will
adhere to applicable federal and state regulations concerning storage
and dispensers.
6. Provision of sufficient temporary toilet facilities
to serve the number of workers on Major Land Disturbance sites.
INSPECTIONS
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1.1.16 GENERAL
1.1.16.1 Department of Public Works - General: The
Department of Public Works 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 this Code and applicable
Permits and Plans. Plans for land disturbance, stripping, excavating, and
filling work bearing the stamp of approval of the City 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 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
1.1.16.1.1 Extra Inspections: In addition to the
inspections otherwise required, the Department of Public Works is authorized
to perform and charge fees for extra inspections or re-inspections which in
its judgment are reasonably necessary due to non-compliance with the
requirements of this Code, or work not being ready or accessible for
inspection when requested.
1.1.16.1.2 All erosion and sediment control facilities
shall be inspected following each rainstorm causing significant runoff, or
being of sufficient intensity or duration as to stop construction or grading
progress.
As a result of such inspections, or any
time the following are found:
29
(a) Excess sediment has accumulated
in silt control devises,
(b) Sediment or erosion control
devices have been damaged,
(c) Obvious gullies or sediment
deposits have formed on the downstream side of control devices, or
(d) Sediment has been carried beyond
the working site;
The devices shall be cleaned of sediment, repaired if damaged, and restored
to serviceable conditions.
1.1.16.2 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 by a qualified special Inspector. Inspections shall include
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. Inspections must be
scheduled at least once per week and no later than 24 hours after heavy
rain. The purpose of such inspections will be to ensure proper installation,
operation and maintenance of Best Management Practices and to determine
ttfe dVerall effectiveness of the Storm Water Pollution Prevention Plan 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.
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;
4) Actions taken or necessary to correct deficiencies;
and
30
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.
1.1.16,2.1 Verification of permit holder's reports:
The Department of Public Works may make extra inspections as deemed
necessary to ensure the validity of the reports filed under section 1.1.16,2 of
this ordinance or to otherwise ensure proper installation, operation and
maintenance of storm water Best Management Practices and to determine
the overall effectiveness of the Storm Water Pollution Prevention Plan and
the need for additional control measures.
Section 2.
It is hereby declared to be the intention of the City Council 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 City Council intends to adopt each said part, section and
subsection separately and independently of any other part, section and
subsection. In the event that any part of this Ordinance shall be
determined to be or to have been unlawful or unconstitutional,, the
remaining parts, sections and subsections shall be and remain in full force
and effect,
Section 3.
This Ordinance shall be in full force and effect thirty (30) days from
and after its passage and approved by the Council.
This Bill No. having been read by title or in full two times prior
to passage and having been duly considered and voted upon was finally
passed and approved this day of , 2006.
31
First Reading votes: Second Reading votes:
DATE: 5//17/06 DATE: 5/17/06
AYE NAY ABSTAIN AYE NAY ABSTAIN
KNAPP X X
COMPTON X X
LACAILLE X X
COOK X X
BUENTE X X
PAVLACK X X
PIRRELLO X X
ATTEST: CITY OF ELLISVILLE
4/4,,tele/i)
CITY CLERK M tiCC46
R