HomeMy Public PortalAboutCity of LadueBill 1950
Ordinance 1950
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 co-permitees in St. Louis County, one of which being the city; 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 Code is to safeguard persons, protect
property, and prevent damage to the environment in Ladue. 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 or land in Ladue.
WHEREAS, the City of Ladue has agreed to adopt a Land Disturbance Code 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, this Land Disturbance 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 Ladue.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LADUE, AS FOLLOWS:
Section I. Introduction/ Purpose
During the construction process, soil is highly vulnerable to erosion by wind and
water. Eroded soil endangers water resources by reducing water quality and
causing the siltation of aquatic habitat for fish and other desirable species.
Deposits of eroded soil also necessitate maintenance of sewers and ditches and
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the dredging of lakes. In addition, clearing and grading during construction
cause the loss of native vegetation necessary for terrestrial and aquatic habitat.
Construction activities also utilize materials and generate wastes, which if not
properly controlled can pollute receiving waters.
The purpose of this ordinance is to safeguard persons, protect property, and
prevent damage to the environment in City of Ladue. This ordinance will also
promote the public welfare by guiding, regulating, and controlling the design,
construction, use, and maintenance of any development or other activity that
disturbs or breaks the topsoil or results in the movement of earth on land in City
of Ladue.
Section 11. Definitions
For the purposes of this ordinance, the following terms, phrases, words, and their
derivations shall have the meanings given herein.
Best Management Practices or BMPs: Practices, procedures or a schedule of
activities to reduce the amount of sediment and other pollutants in storm water
discharges associated with construction and land disturbance activities.
Clearing: Any activity that removes the vegetative surface cover.
Construction or Land Disturbance Site or Site: A parcel of land or a
contiguous combination thereof, where grading work is performed as part of a
single unified plan of development.
Drainage Way: Any channel that conveys surface runoff through a site.
Erosion: The wearing away of land surface through the action of wind or water.
Erosion Control: Any BMP that prevents or minimizes erosion.
Grading: Reshaping the ground surface through excavation and/or or fill of
material, including the resulting conditions.
Land Disturbance Activities: Any activity such as clearing, grading or any
other action which results in removal of the natural site vegetation and
destruction of the root zone or otherwise results in leaving the ground surface
exposed to soil erosion through the action of wind or water.
Perimeter Control: A barrier that prevents sediment from leaving a site by
filtering sediment -laden runoff or diverting it to a sediment trap or basin.
Phasing: Clearing a parcel of land in distinct phases, with the stabilization of
each phase substantially completed before the clearing of the next.
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Runoff coefficient: The fraction of total rainfall that will appear at the outfalls
from a site.
Sediment Control: Any BMP that prevents eroded sediment from leaving a site.
Site Disturbance Permit: A permit issued by the municipality authorizing
disturbance of the land at a specific site subject to conditions stated in the permit.
Stabilization: The use of BMPs that prevent exposed soil from eroding including
improvements and structures for the control of erosion, runoff, and grading.
Start of Construction: The first land -disturbing activity associated with a
development, including land preparation such as clearing, grading, and filling;
installation of streets and walkways; excavation for basements, footings, piers, or
foundations; erection of temporary forms; and installation of accessory buildings
such as garages.
Storm Water Pollution Prevention Plan (SWPPP): A management plan, the
purpose of which is to ensure the design, implementation, management and
maintenance of BMPs in order to reduce the amount of sediment and other
pollutants in storm water discharges associated with land disturbance activities,
comply with the standards of St. Louis County's "Model Best Management
Practices for Land Disturbance, Sediment and Erosion Control" and ensure
compliance with the terms and conditions of the applicable state permits,
including adherence to the land disturbance program contained in state issued
MS4 NPDES permit.
Water Course: A natural or artificial channel or body of water, including, but not
limited to lakes, ponds, rivers, streams, ditches and other open conveyances that
carry surface runoff water either continuously or intermittently.
Section III. Permits
A. Any person who intends to conduct any land disturbance activity
that will disturb one acre or more must obtain a site disturbance
permit from City of Ladue.
B. Any person who buys a lot for construction from a person who has
been issued a permit under A above (unless purchased for the
purpose of building their own private residence) must obtain a
separate site disturbance permit from City of Ladue unless the
original permittee retains responsibility for the land disturbance
activities on the sold lot.
C. Site disturbance permits are not required for the following activities:
1. Any emergency activity that is immediately necessary for the
protection of life, property, or natural resources.
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2. Existing nursery and agricultural operations conducted as a
permitted main or accessory use.
D. Application for permits shall be made in writing upon forms or blanks
issued by the Building Commissioner. All applications shall state clearly
and fully the work proposed to be done, the cost thereof, a reasonable
time for the completion of such work, and shall be signed by the owner or
his agent and filed in the office of the Commissioner. No application will be
accepted or permit issued if any City of Ladue taxes or fees are in arrears
on any property owned in Ladue by the applicant.
E. Each permit application shall bear the name(s) and address(es) of
the owner or developer of the site, and of any consulting firm
retained by the applicant together with the name of the applicant's
principal contact at such firm and shall be accompanied by a filing
fee.
F. The fee to be paid for a permit shall be as follows: $250.00 for land
disturbance between one and five acres and $500.00 for land
disturbance greater than five acres.
G. Each permit application shall be accompanied by a Storm Water
Pollution Prevention Plan, prepared for the specific site by or under
the direction of a qualified professional, and a statement that any
land clearing, construction, or development involving the movement
of earth shall be in accordance with the Storm Water Pollution
Prevention Plan.
H. The permit applicant will be required to obtain a land disturbance
permit issued by the Missouri Department of Natural Resources for
any site where one acre or more of land will be disturbed, before
beginning any site work authorized by a city permit. This
requirement applies to sites of less than one acre that are part of a
larger common plan that will ultimately disturb one acre or more.
Section IV. Storm Water Pollution Prevention Plan (SWPPP)
A. The design requirements in Section V shall be taken into
consideration when developing the Storm Water Pollution
Prevention Plan and the plan shall include the following:
1. Name, address and telephone number of the site owner and
the name, address and telephone number of the individual
who will be in overall responsible charge of
construction/development activities at the site.
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2. Site address or location description.
3. A site map showing the outlines of the total project area, the
areas to be disturbed, existing land uses, locations and
names of surface water bodies, locations of temporary and
permanent BMPS and such other information as the Building
Commissioner may require.
4. Existing contours of the site and adjoining strips of off -site
property and proposed contours after completion of the
proposed grading and development, based on United States
Geological Survey datum, with established elevations at
buildings, walks, drives, street and roads; and information on
necessary clearing and grubbing, removal of existing
structures, excavating, filling, spreading and compacting.
5. A natural resources map identifying soils, forest cover, and
resources protected under other chapters of the City of
Ladue code.
6. An estimate of the runoff coefficient of the site prior to
disturbance and the runoff coefficient after the construction
addressed in the permit application is completed.
7. Estimated grading quantity.
8. Details of the site drainage pattern both before and after
major grading activities.
9. Construction access to site.
10. Description of BMPs to be utilized to control erosion and
sedimentation during the period of land disturbance.
11. Description of BMPs to be utilized to prevent other potential
pollutants such as construction wastes, toxic or hazardous
substances, petroleum products, pesticides, herbicides, site
litter, sanitary wastes and other pollutants from entering the
natural drainage ways during the period of construction and
land disturbance.
12. Description of BMPs that will be installed during land
disturbance to control pollutants in storm water discharges
that will occur after land disturbance activity has been
completed.
13. Location of temporary off-street parking, and washdown area
for related vehicles.
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14. Sources of off -site borrow material or spoil sites, and all
information relative to haul routes, trucks and equipment.
15. The anticipated sequence of construction and land
disturbance activities, including installation of BMPS,
removal of temporary BMPs, stripping and clearing; rough
grading; construction of utilities, infrastructure, and buildings;
and final grading and landscaping. Sequencing shall identify
the expected date(s) on which clearing will begin, the
estimated duration of exposure of cleared areas, areas of
clearing, installation of temporary erosion and sediment
control measures, and establishment of permanent
vegetation.
16. All erosion and sediment control measures necessary to
meet the objectives of this ordinance throughout all phases
of construction and after completion of site development.
Depending upon the complexity of the project, the drafting of
intermediate plans may be required at the close of each
season.
17. Seeding mixtures and rates, types of sod, method of
seedbed preparation, expected seeding dates, type and rate
of lime and fertilizer application, and kind and quantity of
mulching for both temporary and permanent vegetative
control measures.
18. Provisions for maintenance of control facilities, including
easements and estimates of the cost of maintenance.
19. Plans for responding to any loss of contained sediment to
include the immediate actions the permittee will take in case
of a containment failure. This plan must include
documentation of actions and mandatory reporting to the
Missouri Department of Natural Resources.
20. Schedules and procedures for routine inspections of any
structures provided to prevent pollution of storm water or to
remove pollutants from storm water and of the site in general
to ensure all BMPs are continually implemented and are
effective.
B. The permittee shall amend the Storm Water Pollution Prevention
Plan whenever:
1. Design, operation or maintenance of BMPs is changed;
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2. Design of the construction project is changed that could
significantly affect the quality of the storm water discharges;
3. Site operator's inspections indicate deficiencies in the
SWPPP or any BMP;
4. Inspections by the City or by the Missouri Department of
Natural Resources indicate deficiencies in the SWPPP or
any BMP;
5. The SWPPP is determined to be ineffective in significantly
minimizing or controlling erosion or excessive sediment
deposits in streams or lakes;
6. The SWPPP is determined to be ineffective in preventing
pollution of waterways from construction wastes, chemicals,
fueling facilities, concrete truck washouts, toxic or hazardous
materials, site litter or other substances or wastes likely to
have an adverse impact on water quality;
7. Total settleable solids from a storm water outfall exceeds 0.5
ml/L/hr if the discharge is within the prescribed proximity of a
"Valuable Resource Water" as defined by the MDNR;
8. Total settleable solids from a storm water outfall exceeds 2.5
ml/L/hr for any other outfall; or
9. The City of Ladue or the Missouri Department of Natural
Resources determines violations of water Quality Standards
may occur or have occurred.
C. The permittee shall:
1. Notify all contractors and other entities (including utility
crews, city employees, or their agents) who will perform work
at the site, of the existence of the SWPPP and what actions
or precautions shall be taken while on site to minimize the
potential for erosion and the potential for damaging any
BMP;
2. Determine the need for and establish training programs to
ensure that all site workers have been trained, as a
minimum, in erosion control, material handling and storage,
and housekeeping; and
3. Provide copies of the SWPPP to all parties who are
responsible for installation, operation or maintenance of any
BMP.
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4. Maintain a current copy of the SWPPP on the site at all
times.
Section V. Design Requirements
A. Grading, erosion control practices, sediment control practices, and
water course crossings shall be adequate to prevent transportation
of sediment from the site to the satisfaction of the Building
Commissioner.
B Cut and fill slopes shall be no greater than 3:1, except as approved
by the Building Commissioner to meet other community or
environmental objectives.
C. Clearing and grading of natural resources, such as forests and
wetlands, shall not be permitted, except when in compliance with all
other City of Ladue Ordinances.
D. Clearing techniques that retain existing vegetation to the maximum
extent practicable shall be used and the time period for disturbed
areas to be without vegetative cover shall be minimized to the
extent practical, to the satisfaction of the Building Commissioner.
E. Clearing, except that necessary to establish sediment control
devices, shall not begin until all sediment control devices have
been installed and have been stabilized.
F. 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
Building Commissioner may require the site to be reseeded
or a non -vegetative option employed.
3. Techniques shall be employed to ensure stabilization on
steep slopes and in drainage ways.
4. Soil stockpiles must be stabilized or covered at the end of
each workday.
5. The entire site must be stabilized, using a heavy mulch layer
or another method that does not require germination to
control erosion, at the close of the construction season.
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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.
G. Sediment control requirements shall include:
1. Settling basins, sediment traps, or tanks and perimeter
controls.
2. Settling basins shall be provided for each drainage area with
10 or more acres disturbed at one time and shall be sized to
contain 0.5 inch of sediment from the drainage area and be
able to contain a 2 -year, 24 -hour storm. If the provision of a
basin of this size is impractical, other similarly effective
BMPs , as evaluated and specified the SWPPP, shall be
provided.
3. Settling basins shall be designed in a manner that allows
adaptation to provide long-term storm water management,
as required by the Building Commissioner.
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.
H Water course 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. Where applicable, all local,
state and federal permits and approvals shall be provided to
the Building Commissioner prior to the issuance of a site
disturbance permit.
2. Stabilization of any water course channels before, during,
and after any in -channel work.
3. If a defined water course is to be re -aligned or reconfigured,
clearing and grubbing activities within 50 feet of the water
course shall not begin until all materials and equipment
necessary to protect the water course and complete the
work are on site. Once started, work shall be completed as
soon as possible. Areas within 50 feet of the water course
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shall be recontoured and revegetated, seeded or otherwise
protected within five working days after grading has ceased.
4. All storm water conveyances shall be designed according to
the criteria of the Metropolitan St. Louis Sewer District
(MSD) and the necessary MSD permits obtained.
5. Stabilization adequate to prevent erosion shall be provided
at the outlets of all pipes and paved channels.
I. Construction site access requirements shall include:
1. A temporary access road provided at all sites including a
wash -down area supporting all active sites,
2. Other measures required by the Building Commissioner in
order to ensure that sediment is not tracked onto public
streets by construction vehicles or washed with wash
effluent channeled directly into storm drains.
J. Control requirements for construction materials, construction
wastes and other wastes generated on site shall include provisions,
satisfactory to the Building Commissioner, for:
1. Spill prevention and control facilities for materials such as
paint, solvents, petroleum products, chemicals, toxic or
hazardous substances, substances regulated under the
Resource Conservation and Recovery Act (RCRA) or the
Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA), and any wastes generated from
the use of such materials and substances, including their
containers. Any containment systems employed to meet this
requirement shall be constructed of materials compatible
with the substances contained and shall be adequate to
protect both surface and ground water.
2. Collection and disposal of discarded building materials and
other construction site wastes, including those listed in 1.1
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.
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6. Provision of sufficient temporary toilet facilities to serve the
number of workers on site.
Section VI. Inspections
A. The Building Commissioner shall make inspections as hereinafter
required and either shall approve that portion of the work completed
or shall notify the permittee wherein the work fails to comply with
the Grading, Erosion and Sediment Control Plan as approved.
Plans for grading, stripping, excavating, and filling work bearing the
stamp of approval of the Building Commissioner shall be
maintained at the site during the progress of the work. To obtain
inspections, the permittee shall notify the Building Commissioner at
least two working days before the following:
1.
2.
3.
4.
5.
6.
7.
Start of construction
Installation of sediment and erosion measures
Completion of site clearing
Completion of rough grading
Completion of final grading
Close of the construction season
Completion of final landscaping
B. The permittee or his/her agent shall make regular inspections of the
land disturbance site, including all erosion and sediment and other
pollutant control measures, outfalls and off -site receiving waters in
accordance with the inspection schedule outlined in the approved
SWPPP. Inspections must be scheduled at least once per week
and no later than 72 hours after heavy rain. The purpose of such
inspections will be to ensure proper installation, operation and
maintenance of BMPs and to determine the overall effectiveness of
the SWPPP and the need for additional control measures. All
inspections shall be documented in written form on weekly reports
with copies submitted to the Building Commissioner at the time
interval specified in the permit. The inspection reports are to
include the following minimum information:
1. Inspector's name and signature;
2. Date of inspection;
3. Observations relative to the effectiveness of the BMPs;
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4. Actions taken or necessary to correct deficiencies; and
5. A listing of areas where land disturbance operations have
permanently or temporarily stopped.
C. In addition, the permittee shall notify the site contractor(s)
responsible for any deficiencies identified so that deficiencies can
be corrected within seven calendar days of the weekly inspection
report.
D. The Building Commissioner shall make inspections as deemed
necessary to ensure the validity of the reports filed under Section B
or to otherwise ensure proper installation, operation and
maintenance of storm water BMPs and to determine the overall
effectiveness of the SWPPP and the need for additional control
measures.
Section VII. Enforcement
A. Stop -Work Order; Revocation of Permit
In the event that any person holding a site disturbance permit
pursuant to this ordinance violates the terms of the permit or
implements site development in such a manner as to materially
adversely affect the health, welfare, or safety of persons residing or
working in the neighborhood or development site so as to be
materially detrimental to the public welfare or injurious to property
or improvements in the neighborhood, the Building Commissioner
may suspend or revoke the site disturbance permit.
B. Violation and Penalties
No person shall construct, enlarge, alter, repair, or maintain any
grading, excavation, or fill, or cause the same to be done, contrary
to or in violation of any terms of this ordinance. Any person
violating any of the provisions of this ordinance shall be deemed
guilty of a misdemeanor and each day during which any violation of
any of the provisions of this ordinance is committed, continued, or
permitted, shall constitute a separate offense. Upon conviction of
any such violation, such person, partnership, or corporation shall be
punished by a fine of not more than $500.00 for each offense. In
addition to any other penalty authorized by this section, any person,
partnership, or corporation convicted of violating any of the
provisions of this ordinance shall be required to bear the expense
of such restoration.
C. Project Closure requirements
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Any site development escrows or bonds will not be fully released to
the site operator or permittee until all of the following have been
completed:
1. All temporary storm water control BMPs have been removed
and the site has been fully stabilized.
2. All permanent storm water control BMPs have been
completed
3. All final inspections/certifications have been completed by
each of the government jurisdictions involved in authorizing
the project.
Section VIII. Separability
The provisions and sections of this ordinance shall be deemed to be
separable, and the invalidity of any portion of this ordinance shall not
affect the validity of the remainder.
Section IX. Effective Date
That, an emergency being deemed to exist, this ordinance shall be in full force
and effect from and after its adoption and approval by the Mayor.
PASSED THIS 28th DAY OF JULY 2008.
President, City Council
ADOPTED AND APPROVED THIS 28th DAY OF JULY 2008.
Irene S. Holmes, Mayor
ATTEST:
Michael W. Wooldridge, City Clerk
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