HomeMy Public PortalAboutCity of Richmond Heights Chapter 421
LAND DISTURBANCE CODE
Section 421.010. Scope. [Ord. No. 4965 §1, 1-17-2006]
A. Title. These regulations shall be known as the "Land Disturbance Code"
of Richmond Heights, 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 Richmond Heights.
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 Richmond Heights.
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 Richmond Heights.
E. 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 stormwater 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 Richmond
Heights, Missouri.
CONSTRUCTION SITE OR LAND DISTURBANCE SITE — A parcel or
contiguous parcels where land disturbance activities are performed as
part of a proposed development.
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421.010 421.010
COUNTY— St. Louis County, Missouri.
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 Richmond Heights
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
prevent or minimize 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.
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 (1) 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.
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SEDIMENT CONTROL — Any Best Management Practices (BMP) that
prevent 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 (1st) land disturbance activity
associated with a development.
STORMWATER 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 stormwater 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.
WATERCOURSE — 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 421.020. Applicability. [Ord. No. 4965 §1, 1-17-2006]
Other Laws. The provisions of this code shall not be deemed to nullify any
provisions of County, State or Federal law.
Section 421.030. Enforcement. [Ord. No. 4965 §1, 1-17-2006]
A. The Building and/or Public Works Departments (the "departments")
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;
2. Coordinate the review of permit applications and accompanying
documents with the Metropolitan St. Louis Sewer District (MSD);
3. Clear issuance of major land disturbance permits with
Metropolitan St. Louis Sewer District (MSD) and issue such
permits;
4. Receive applications for major land disturbance permits;
5. Coordinate the review of major land disturbance permit
applications and accompanying documents with City departments;
6. Coordinate the issuance of the major land disturbance permit with
the departments of the City;
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421.030 421.040
7. Inspect major land disturbance activities;
8. Inspect land disturbance activities within or abutting areas
designated 100-year floodplain;
9. 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;
10. Plan review of major land disturbance activities;
11. 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
12. Plan review of land disturbance activities within or abutting areas
designated 100-year floodplain.
B. No major land disturbance permit or ordinary land disturbance permit
shall be issued where the departments find that the proposed land
disturbance activity would result in a material change in the amount or
pattern of surface water runoff 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.
C. 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 421.040. Violations. [Ord. No. 4965 §1, 1-17-2006]
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, a Director shall notify the violator. The notification shall be
in writing and shall be delivered to the violator 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
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within ten (10) days after notification shall be subject to the penalties
enumerated herein.
C. Prosecution Of Violation. If the violator does not abate the violation
promptly, the Director 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 stormwater pollution
prevention plan or any directive of the City or of a permit or certificate
issued under the provisions of this code or shall start any work
requiring a permit without first obtaining a permit therefore or who
shall continue any work in or about a structure after having been served
a stop work order, except for such work which that person, firm or
corporation has been directed to perform to remove a violation or
unsafe conditions, or any owner of a property or any other person who
commits, takes part or assists in any violation of this code or who
maintains any property on which such violation shall exist shall be
guilty of a misdemeanor punishable by a fine of not more than one
thousand dollars ($1,000.00) or by imprisonment not exceeding ninety
(90) days or both such fine and imprisonment. Each day that a violation
continues shall be deemed a separate offense.
E. No Permit Penalty. In addition to the penalties set out above, the
following procedure shall be followed where the City 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 without waiving the violator's right to a hearing.
4. No permit penalties are appealable to the City Manager. 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
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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.
b. If the City Manager determines that no permit was required,
the department shall immediately cancel the stop work order.
F. 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.
G. Permit Suspension Or Revocation. When a land disturbance activity is
conducted in violation of the requirements of this code or the terms of
the permit in such a manner as to materially adversely affect the safety,
health or welfare of persons or materially be detrimental or injurious to
property or improvements, the City may suspend or revoke such permit.
H. Stop Work Order. Upon notice from a department 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.
I. Unlawful Continuance. Whenever a department 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 this code.
Section 421.050. Appeals. [Ord. No. 4965 §1, 1-17-2006]
A. Application For Appeal. Any person shall have the right to appeal a
decision of the department 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.
B. Filing Procedure. All appeals shall be filed in writing with the City
Manager. All appeals shall be filed within thirty (30) days after the
decision to be appealed is rendered by the departments identified in
this Section.
C. Filing Fee. All appeals must be accompanied by a fee in the amount of
fifty dollars ($50.00).
D. Notice Of Meeting. The City Manager shall meet within ten (10) days of
the filing of an appeal or at stated periodic meetings.
E. Open Hearing. All hearings before the City Manager shall be open to
the public. The appellant the appellant's representative, the
department and any person whose interests are affected shall be given
an opportunity to be heard.
F. 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.
G. Resolution. The decision of the City Manager shall be in writing. Copies
shall be furnished to the appellant and to the department.
H. Administration. The applicable department shall take immediate action
in accordance with the decision of the City Manager.
I. 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 421.060. Land Disturbance Permits Required. [Ord. No.
4965 §1, 1-17-2006]
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 Subsections (B) and (C) in
this code.
B. Major Land Disturbance Permit. No person shall perform any major
land disturbance activity prior to receipt of a major land disturbance
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permit. Applications for major land disturbance permits shall be filed
with the Department of Public Works for any activities performed within
a right-of-way or with the Building Department for work on private
property.
C. 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 appropriate department.
D. Building Permit And Related Ordinary Land Disturbance Activities. The
Building Department 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.
E. Limitation On Transfer Of Land Disturbance Permits. Any person who
buys land from a person who has been issued a land disturbance permit
under 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.
F. Exceptions — Land Disturbance Permits Not Required. Land
disturbance permits are not required for the activities identified as
items (a) and (g) in this Subsection, nor are such permits required for
the activities identified in items (b) through (f), provided the activity
does not alter or cause to be altered the present surface of the ground:
1. By any cut or fill at the property line;
2. By any cut or fill that would permanently divert one drainage area
to another drainage area;
3. By any cut or fill which would deposit mud or harmful silt or create
erosion or damage to adjoining properties; or
4. By any cut or fill that would block or affect an existing swale or
drainage path in a manner to cause damming and ponding.
a. Any emergency activity that is immediately necessary for the
protection of life, property or natural resources.
b. Existing farming, nursery and agricultural operations
conducted as a permitted or accessory use.
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c. Land disturbance activities involving less than thirty (30) cubic
yards of earth/soil moved and less than two thousand (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.
d. Land disturbance activities associated with additions to and
accessory structures for one- and two-family dwellings.
e. Removal of existing or dying grass or similar vegetation by
disturbing not more than ten thousand (10,000) square feet
and resodding or reseeding 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 seed bed shall not exceed thirty (30) cubic
yards.
f. Gardening and similar activities on property occupied by one-
or two-family dwellings.
g. Land disturbance activities by any public utility for the
installation, inspection, tepair 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.
G. 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 (1) acre that
are part of a proposed development that will ultimately disturb one (1)
acre or more.
Section 421.070. Land Disturbance Permit Applications. [Ord. No.
4965 §1, 1-17-2006]
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 City.
Applications for major land disturbance permits shall include proof that
proposed land disturbance and uses have received zoning approval
from the City.
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B. Stormwater Pollution Prevention Plan Required (SWPPP) For Major
Land Disturbance Permits: All applications for major land disturbance
permits shall be accompanied by a stormwater 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 stormwater pollution
prevention plan and the applicant will assume and acknowledge
responsibility for compliance with this code and the stormwater
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 issuing
Director to cover all costs of improvements, landscaping and
maintenance of improvements for such period as specified by the
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.
D. 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 stormwater control Best Management Practices
(BMP) have been removed and the site has been fully stabilized.
2. All permanent stormwater control Best Management Practices
(BMP) have been completed.
3. All final inspections/certifications have been completed by each of
the government jurisdictions involved in authorizing the project.
Section 421.080. Fees. [Ord. No. 4965 §1, 1-17-20061
A. Issuance Of Permits. Land disturbance permits shall not be issued until
the fees associated with the permit are paid to the City.
B. 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
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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 421.090. Stormwater Pollution Prevention Plan (SWPPP).
[Ord. No. 4965 §1, 1-17-2006]
A. Content — Stormwater Pollution Prevention Plan (SWPPP). The design
requirements in this Chapter 421 shall be complied with when
developing the Stormwater Pollution Prevention Plan and the plan shall
include the following:
1. Name, address and telephone number of the site owner and the
name, address and telephone number of the individual who will be
in overall responsible charge of construction/development
activities at the site.
2. Site address or location description and parcel identification
number(s).
3. A site map showing the outlines of the total project area, the areas
to be disturbed, existing land uses, locations and names of surface
water bodies, locations of flood plains, locations of temporary and
permanent Best Management Practices (BMP) and such other
information as may be required by the City.
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 Richmond Heights
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.
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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
stormwater 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.
17. Seeding mixtures and rates, types of sod, method of seed bed
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.
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20. Schedules and procedures for routine inspections of any structures
provided to prevent pollution of stormwater or to remove pollutants
from stormwater and of the site in general to ensure all Best
Management Practices (BMP) are continually implemented and are
effective.
B. Required Plan Amendments — Stormwater Pollution Prevention Plan
(SWPPP). The permit holder shall amend the Stormwater 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 stormwater discharges;
3. Site operator's inspections indicate deficiencies in the Stormwater
Pollution Prevention Plan (SWPPP) or any Best Management
Practices (BMP);
4. Inspections by City or by the Missouri Department of Natural
Resources indicate deficiencies in the Stormwater Pollution
Prevention Plan (SWPPP) or any Best Management Practices
(BMP);
5. The Stormwater 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 Stormwater 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 stormwater outfall exceeds five tenths
(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 stormwater outfall exceeds two and
one-half(2.5) ml/L/hr for any other outfall; or
9. The City or the Missouri Department of Natural Resources
determines violations of water quality standards may occur or have
occurred.
C. Permit Holder Responsibilities For Administration Of Stormwater
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
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the site, of the existence of the Stormwater 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 Stormwater 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 Stormwater Pollution Prevention
Plan (SWPPP) on the site at all times.
Section 421.100. General Design Requirements. [Ord. No. 4965 §1,
1-17-2006]
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 three to one (3:1) except
as approved by the City 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.
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Section LAND DISTURBANCE CODE Section
421.100 421.100
7. Phasing shall be required on all sites disturbing greater than thirty
(30) acres of land. The size of each phase will be established by the
City 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 (5) days of clearing
or inactivity in construction.
2. If seeding or another vegetative erosion control method is used, it
shall become established within two (2) weeks or the site shall 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 or perimeter controls must be in place to prevent silt from
the stockpile from leaving the site.
5. The entire site must be stabilized keep 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 ten
(10) or more acres disturbed at one time and shall be sized to
contain five-tenths (0.5) inch of sediment from the drainage area
and be able to contain a two (2) year, twenty-four (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 Stormwater Pollution Prevention Plan (SWPPP),
shall be provided.
3. Settling basins shall be designed in a manner that allows
adaptation to provide long-term stormwater management as
required by the City department(s) having enforcement authority
and responsibilities described this code.
4. Settling basins shall have stabilized spillways to minimize the
potential for erosion of the spillway or basin embankment.
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Section RICHMOND HEIGHTS CITY CODE Section
421.100 421.100
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.
2. Stabilization of any watercourse channels before, during and after
any in-channel work.
3. If a defined watercourse is to be realigned or reconfigured, 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 recontoured and
revegetated, seeded or otherwise protected within five (5) working
days after land disturbance activities have ceased.
4. All stormwater 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 City 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
421:16
Section LAND DISTURBANCE CODE Section
421.100 421.110
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 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.
Section 421.110. General. [Ord. No. 4965 §1, 1-17-2006]
A. Inspections — 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 appropriate department at
least two (2) working days before the following:
1. Start of construction;
2. Installation of sediment and erosion measures;
3. Completion of site clearing;
4. Completion of rough grading;
5. Completion of final grading;
6. Close of the construction season;
7. Completion of final landscaping.
B. Extra Inspections. In addition to the inspections otherwise required, the
City is authorized to perform and charge fees for extra inspections or
reinspections which in its judgment are reasonably necessary due to
non-compliance with the requirements of this code or work not ready or
accessible for inspection when requested.
C. 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
421:17
Section RICHMOND HEIGHTS CITY CODE Section
421.110 421.110
receiving waters in accordance with the inspection schedule outlined
in the approved Stormwater Pollution Prevention Plan (SWPPP).
Inspections must be scheduled at least once per week and no later
than seventy-two (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 Stormwater 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 appropriate department 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 (BMP);
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 (7) calendar days of
the weekly inspection report.
D. Verification Of Permit Holder's Reports. The City may make extra
inspections as deemed necessary to ensure the validity of the reports
filed under Subsection (C) of this Section or to otherwise ensure proper
installation, operation and maintenance of Stormwater Best
Management Practices (BMP) and to determine the overall
effectiveness of the Stormwater Pollution Prevention Plan (SWPPP) and
the need for additional control measures.
421:18