HomeMy Public PortalAboutCity of HazelwoodBILL NO. 00 ORDINANCE NO. Q7
AN ORDINANCE AMENDING THE HAZELWOOD CITY CODE BY ADOPTING AND
ENACTING CHAPTER 412 PERTAINING TO THE REGULATION OF LAND
DISTURBANCE ACTIVITIES, INSPECTIONS, COLLECTION OF FEES AND
PENALTIES FOR VIOLATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HAZELWOOD,
MISSOURI, AS FOLLOWS:
Section 1.
Chapter 412: "Land Disturbance Code," is hereby added, which Code shall read as
follows:
SECTION 412.010 SCOPE
A. Title: These regulations shall be known as the "Land Disturbance Code" of
Hazelwood, Missouri, hereinafter referred to as "this Code."
B. 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.
C. Purpose: The purpose of this Code is to safeguard persons, protect property, and
prevent damage to the environment in Hazelwood. 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 Hazelwood.
D. Scope: This Code provides for the safety, health and welfare of the public by
regulating and controlling the design, construction, use, and maintenance of any
development or other activity that disturbs land surfaces or results in the movement of
earth in Hazelwood.
SECTION 412.020 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.
Building Department: The Building Department, acting through its Director, or
his /her duly authorized designee.
Clearing: Any activity that removes the vegetative surface cover or destroys the
root system.
Code or this Code: The "Land Disturbance Code" of Hazelwood, 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.
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 Hazelwood Department of Public Works, acting
through its Director, or his /her duly authorized designee.
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 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.
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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 any one or more 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
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 412.30 APPLICABILITY
Other Laws: The provisions of this Code shall not be deemed to nullify any provisions of
county, state or federal law.
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SECTION 412.40 ENFORCEMENT
A. The Building Department shall have the authority and responsibility to perform
the following functions related to the enforcement of this Code as associated with Major
Land Disturbance Permits:
1. Administer the determination, collection and release of site development
escrows required by this Code incoordination with the Department of
Public Works.
2. Coordinate the review of permit applications and accompanying
documents with the Department of Public Works, and the Metropolitan St.
Louis Sewer District (MSD);
3. Clear issuance of major Land Disturbance Permits with the Department of
Public Works and the MSD and issue such permits.
B. 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:
1. Receive applications for Major Land Disturbance Permits;
2. Coordinate the review of Major Land Disturbance permit applications and
accompanying documents with City Departments;
3. Coordinate the issuance of the Major Land Disturbance permit with the
Departments of the City;
4. Inspect Major Land Disturbance Activities;
5. Inspect Land Disturbance Activities within or abutting areas designated
one - hundred (100) year flood plain; and
6. Receive applications, perform plan review, inspect and issue permits for
Ordinary Land Disturbance Activities relating to Best Management
Practices (BMP) 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
right -of -ways which are maintained by the City; and
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9. Plan review of Land Disturbance Activities within or abutting areas
designated one - hundred (100) year flood plain.
C. No Major Land Disturbance Permit or Ordinary Land Disturbance Permit shall be
issued where 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.
D. Rule- making authority: Departments having enforcement authority and
responsibilities described in this Code shall have the authority, as necessary in the
interest of public health, safety and general welfare, to adopt and promulgate rules and
regulations to interpret and 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 rules and regulations 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.
SECTION 402.50 VIOLATIONS
A. 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.
B. Notices of Violations: When the City determines that a violation of this Code
exists, the Director of Public Works 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 in Sections 104.4
and 104.4.1.
C. Prosecution of Violation: If the violator does not abate the violation promptly, the
Department of Public Works shall request the City to institute the appropriate
proceeding at law or in equity to restrain, correct or abate such violation.
D. 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
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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.
D.1 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. At the violator's option, he /she may deposit the assessed penalty amount in
escrow (certified check or cash only) with the Department, in which case the
violator's right to a hearing will be preserved.
4. No- Permit Penalties are appealable in the same manner as other decisions of
the Department. The Department may revise its assessment upon notice to
both the City Manager 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.
5. At the hearing before the City Manager, the City Manager shall afford both the
Department and the alleged violator an opportunity to present any evidence
or make any statements they wish to have considered.
6. Following the hearing the City Manager shall determine whether a permit was
required:
a. If the City Manager 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
amount is paid and the violator has complied with all other
regulations pertaining to the issuance of permits.
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b. If the City Manager determines that no permit was required, the
Department shall immediately cancel the stop work order.
E. 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.
F. 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.
G. 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.
G.1 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 violation or unsafe condition, shall be subject to penalties as
specified in Sections 104.4 or 104.4.1 of this Code.
SECTION 412.060 APPEALS
A. Application for appeal: Any person shall have the right to appeal a decision of the
Department of Public Works to the City Manager. An application for appeal shall be
based on a claim that the intent of this Code or the rules or regulations adopted there
under have been incorrectly interpreted or the provisions of this Code do not apply.
A.1 Filing Procedure: All appeals shall be filed in writing with the Department of
Public Works. All appeals shall be filed within thirty (30) days after the decision to be
appealed is rendered by the departments identified in this section.
A.2 Filing Fee: All appeals must be accompanied by a fee in the amount of Fifty
Dollars ($50.00).
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B. Notice of Meeting: The City Manager shall meet within ten days of the filing of an
appeal, or at stated periodic meetings.
C. Open Hearing: All hearings before the City Manager shall be open to the public.
The appellant, the appellant's representative, the Department of Public Works and any
person whose interests are affected, shall be given an opportunity to be heard.
D. Procedure: The City Manager shall adopt and make available to the public
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.
E. Resolution: The decision of the City Manager shall be in writing. Copies shall be
furnished to the appellant and to the Department of Public Works.
F. Administration: The applicable Department shall take immediate action in
accordance with the decision of the City Manager.
G. Court Review: A party adversely affected by a decision of the City Manager 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. .
SECTION 412.070 LAND DISTURBANCE PERMITS REQUIRED
A. 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 412.070 A. or 412.70 B. in this Code.
A.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
been
Land Disturbance
issued
Permits shall
land
be filed with
under sections 412.070
the Department of Public Works.
A.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 Department of
Public Works.
A.2.1 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.
B. 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 412.070
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A.10 or 412.070 A.2.1 of this Code must obtain a separate land disturbance permit from
the City, except for the following:
1. Major 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 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
Department of Public Works to retain responsibility for the Land
Disturbance Activities on such property.
C. Exceptions - Land Disturbance Permits Not Required: Land Disturbance Permits
are not required for the activities identified as items 1 and 7 in this section, nor are such
Permits required for the activities identified in items 2 through 6, 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. Land Disturbance Activities involving less than thirty (30) cubic yards of
earth /soil moved and less than 2000 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 or other vegetation
is established. Any cut or fill in conjunction with the preparation of the
seedbed shall not exceed thirty (30) cubic yards.
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6. Gardening and similar activities on property occupied by one- or two -
family dwellings.
7. 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.
D. 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 County 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 412.080 LAND DISTURBANCE PERMIT APPLICATIONS
A. 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 Department of Public Works. Applications for
Major Land Disturbance Permits shall include proof that proposed land disturbance and
uses have received zoning approval from the City.
B. 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.
C. 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 Department of Public Works to cover all costs of improvements,
landscaping, and maintenance of improvements for such period as specified by the
Building Department. 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.
C.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:
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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.
SECTION 412.090 FEES
A. Issuance of Permits: Land Disturbance permits shall not be issued until the fees
associated with the permit are paid to the City.
A.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 set
forth in "Public Works and Building Regulations." In applying the Code Enforcement
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
any 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. The Department of Public Works is
authorized to establish the fee by determining the plan review cost and estimating the
total number of inspections required, when in the opinion of the Department Director,
the fee resulting from this method more closely relates to the cost of enforcing the
requirements of this code.
SECTION 412.100 STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
A. Content - Storm Water Pollution Prevention Plan (SWPPP): The design
requirements in Chapter 2 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 Department of Public Works.
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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 Hazelwood Ordinances.
6) An estimate of the Runoff Coefficient of the site prior to disturbance and
the Runoff Coefficient after the construction addressed in the permit
application is completed.
7) Estimated quantity of land to be disturbed.
8) Details of the site drainage pattern both before and after Major Land
Disturbance Activities.
9) Access to construction site.
10) Description of Best Management Practices BMP) to be utilized to control
erosion and sedimentation during the period of land disturbance.
11) Description of Best Management Practices (BMP) to be utilized to prevent
other potential pollutants such as construction wastes, toxic or hazardous
substances, petroleum products, pesticides, herbicides, site litter, sanitary
wastes and other pollutants from entering the natural drainage ways
during the period of construction and land disturbance.
12) Description of Best Management Practices (BMP) that will be installed
during land disturbance to control pollutants in storm water discharges that
will occur after land disturbance activity has been completed.
13) Location of temporary off - street parking, and wash -down area for related
vehicles.
14) Sources of off -site borrow material or spoil sites, and all information
relative to haul routes, trucks and equipment.
15) The anticipated sequence of construction and Land Disturbance Activities,
including installation of Best Management Practices (BMP), removal of
temporary Best Management Practices (BMP), stripping and clearing;
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rough grading; construction utilities, infrastructure, and buildings; and final
grading and landscaping. Sequencing shall identify the expected date(s)
on which clearing will begin, the estimated duration of exposure of cleared
areas, areas of clearing, installation of temporary erosion and sediment
control measures, and establishment of permanent vegetation.
16) All erosion and sediment control measures necessary to meet the
objectives of this Code throughout all phases of construction and after
completion of site development. Depending upon the complexity of the
project, the drafting of intermediate plans may be required at the close of
each season.
17) Seeding mixtures and rates, types of sod, method of seedbed preparation,
expected seeding dates, type and rate of lime and fertilizer application,
and kind and quantity of mulching for both temporary and permanent
vegetative control measures.
18) Provisions for maintenance of control facilities including easements and
estimates of the cost of maintenance.
19) Plans for responding to any loss of contained sediment to include the
immediate actions the permit - holder will take in case of a containment
failure. This plan must include documentation of actions and mandatory
reporting to the 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.
B. 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);
4) Inspections by County or by the Missouri Department of Natural resources
indicate deficiencies in the Storm Water Pollution Prevention Plan
SWPPP) or any Best Management Practices (BMP);
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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 County or the Missouri Department of Natural Resources determines
violations of water Quality Standards may occur or have occurred.
C. 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; will be trained
accordingly.
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.
SECTION 412.110 GENERAL
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A. 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 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.
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 thirty (30)
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.
B. 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.
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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.
C. 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 County
department(s) having enforcement authority and responsibilities described
in section 103.0 of 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.
D. 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.
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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 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.
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.
E. 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 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.
F. 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 201.6.1 above.
fill
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.
SECTION 412.120 GENERAL
A. Department of Public Works - General: The City 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 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
A.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 their judgment are reasonably necessary due to
non - compliance with the requirements of this Code, or work not ready or accessible for
inspection when requested.
A.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-
IN
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 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
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.
B.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 301.2 of this Code or to otherwise ensure proper installation, operation
and maintenance of storm water Best Management Practices (BMP) and to determine
the overall effectiveness of the Storm Water Pollution Prevention Plan (SWPPP) and
the need for additional control measures.
SECTION 412.130 All ordinances or parts of ordinances inconsistent or in conflict
herewith are hereby repealed.
SECTION 412.140 The provisions of this ordinance shall be severable. In the event
that any provision of this ordinance is found by a court of competent jurisdiction to be
unconstitutional, the remaining provisions of this ordinance are valid unless the court
finds the valid provisions of this ordinance are so essentially and inseparably connected
with, and so dependent upon, the void provision that it cannot be presumed that the City
Council would have enacted the valid provisions without the void ones or unless the
Court finds that the valid provisions, standing alone, are incomplete and incapable of
being executed in accordance with the legislative intent.
Section 2.
This Ordinance shall be in full force and effect from and after the date of its passage
and adoption.
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PASSED this `,
f
day of 1 { i' 1 lle' ` 12007,
by the Council of the City of Hazelwood, Missouri.
ATTEST:
0 a 10 Lr&
Colleen os, MNJC - City Clerk
City of Hazelwood, Missouri
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T. R. Carr - Mayor
City of Hazelwood, Missouri
APPRO f'ED AS TO FORM:
Kevin M.`O'Keefe/City Attorney
City of Hazelwood, Missouri