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City of Rock Hill, MO
Tuesday, March 23, 2021
Chapter 535. Land Disturbance Code
Section 535.010. Adoption of County Code.
[Ord. No. 1576 §§1, 3, 11-15-2005; Ord. No. 1688 §1, 11-17-2009]
A. The Land Disturbance Code as adopted by the County of St. Louis, Missouri, through last
amendatory Ordinance 24,084, approved on August 12, 2009, by County of St. Louis, Missouri, is
hereby adopted as the Land Disturbance Code of the City of Rock Hill, Missouri, which is set out
herein in Section 535.020.
B. Penalties shall be provided in Section 100.080 of the Municipal Code of the City of Rock Hill.
Section 535.020. Land Disturbance Code of St. Louis County.
[Ord. No. 1576 §1, 11-15-2005; Ord. No. 1688 §1, 11-17-2009]
1114.100 CHAPTER 1 — ADMINISTRATION
SECTION 101.0 SCOPE
101.1 Title: These regulations shall be known as the "Land Disturbance Code" of St. Louis County,
Missouri, hereinafter referred to as "this code".
101.2 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.
101.3 Purpose: The purpose of this code is to safeguard persons, protect property and prevent
damage to the environment in St. Louis County. 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 St. Louis County.
101.4 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 the unincorporated part of St. Louis
County, Missouri, or any municipality in St. Louis County contracting with the County for Land
Disturbance Code enforcement.
101.5 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.
Clearing: Any activity that removes the vegetative surface cover or destroys the root system.
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Code or this code: The "Land Disturbance Code" of St. Louis County, Missouri, as adopted by St.
Louis County ordinance.
Commercial: A development for or consisting of any type of use other than residential as defined in
this code.
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 Health: The County Department of Health, acting through its Director or his/her duly
authorized designee.
Department of Highways and Traffic: The County Department of Highways and Traffic, acting through
its Director or his/her duly authorized designee.
Department of Planning: The County Department of Planning, acting through its Director or his/her
duly authorized designee.
Department of Public Works: The County 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.
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.
Residential: A development for or consisting of detached single — family dwelling, detached two-
family dwellings, or multiple single-family dwelling (town houses).
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 (1st) 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.
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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.
101.6 SERVICE TO MUNICIPALITIES
101.6.1 Contracting with Municipalities: The County Executive is hereby authorized to contract with
municipalities within the County to provide appropriate services to enforce the requirements of this
code and further to collect fees for applicable permits and inspections issued or made pursuant to
such contracts. No contract for services under this code shall be entered into until the municipality
desiring to contract with the County for enforcement of this code shall:
1. Contract with the County for explosives code enforcement services; and
2 Perform the functions associated with the authority and responsibilities of the Department of
Planning identified in Section 103.1 of this code or other mutually agreeable services; and
3. Adopt a code identical in substance to this code; and
Perform the functions associated with the authority and responsibilities of the Department of
Highways and Traffic identified in Section 103.3 of this code with respect to municipal streets
and roadways and flood plain administration and enforcement or other mutually agreeable
services.
101.6.2 Municipal Zoning Approval: All plans for land disturbance activities within the corporate limits
of any municipality that contracts with the County for code enforcement services shall be reviewed
and approved by the contracting municipality for compliance with its zoning or other municipal
regulatory ordinances or provisions prior to issuance of a St. Louis County permit under this code.
SECTION 102.0 APPLICABILITY
102.1 Other Laws: The provisions of this code shall not be deemed to nullify any provisions of
County, State or Federal law.
SECTION 103.0 ENFORCEMENT
103.1 Department of Planning: The Department of Planning 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:
Administer the determination, collection and release of land disturbance escrows required by
this code in coordination with the Departments of Public Works and Highways and Traffic.
103.2 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;
Coordinate the review of major land disturbance permit applications and accompanying
documents with the Departments of Planning and Highways and Traffic;
Coordinate the issuance of the major land disturbance permit with the Departments of Planning
3. and Highways and Traffic and issue such permits. Such permits may authorize any one (1) or
more major land disturbance activity;
Inspect commercial land disturbance activities and residential land disturbance activity
associated with permitted construction of buildings or structures.
Inspect commercial land disturbance activities within or abutting areas designated 100 -year
flood plain; and
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.
4.
2.
4.
5.
6.
103.3 Department of Highways and Traffic: The Department of Highways and Traffic shall have the
authority and responsibility to perform the following functions related to the enforcement of this code:
1. Plan review of major land disturbance activities;
2. 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
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3.
4.
5.
County; and
Plan review of land disturbance activities within or abutting areas designated 100 -year flood
plain; and
Inspect residential land disturbance activities within or abutting areas designated 100 -year
flood plain; and
Inspect residential land disturbance activities except activities associated with permitted
construction of buildings and structures.
103.4: No major land disturbance permit or ordinary land disturbance permit shall be issued where
the Department of Highways and Traffic and/or 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.
103.5 Rule -making Authority: County departments having enforcement authority and responsibilities
described in Section 103 of 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 104.0 VIOLATIONS
104.1 Unlawful Acts: It shall be unlawful for any person, firm or corporation to perform any land
disturbance activities or cause or allow same to be done in conflict with or in violation of any of the
provisions of this code.
104.2 Notices of Violations: When the Department of Public Works, the Department of Planning or
the Department of Highways and Traffic determines that a violation of this code exists, the respective
Director 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 and 104.4.1.
104.2.1 Notice of Violations on Highways and Traffic Projects: The notice of violation will consist of
the site Storm Water Pollution Prevention Plan (SWPPP) construction site inspection report delivered
to the contractor by the resident engineer or their assign. Any person having been notified that a
violation exists and who fails to abate the violation within seven calendar days after notification shall
be subject to the penalties enumerated in Sections 104.4 and 104.4.1 and/or penalties issued by the
Missouri Department of Natural Resources (MDNR) and/or the Environmental Protection Agency
(EPA).
104.3 Prosecution of Violation: If the violator does not abate the violation promptly, the Department of
Public Works, Department of Planning or the Department of Highways and Traffic shall request the
County Counselor to institute the appropriate proceeding at law or in equity to restrain, correct or
abate such violation.
104.4 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, Department of Planning or the Department of
Highways and Traffic 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 $1,000.00 or by imprisonment not exceeding 90
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days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a
separate offense.
104.4.1 Contractor Non-compliance on County Projects: The County may choose, at its option, to use
County forces or hire a contractor or use other methods to correct the land disturbance violation after
seven calendar days or less from the notice of violation date, if the Missouri Clean Water Act may
possibly be violated. Weather -related non-compliance might be tolerable. The County may deduct
that amount incurred to correct the land disturbance violation from the contract obligation.
104.4.2 No -Permit Penalty: In addition to the penalties set out above, the following procedure shall
be followed where a County department identified in Section 103 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.
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
2. 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.
At the violator's option, he/she may deposit the assessed penalty amount in escrow (certified
3. check or cash only) with the department, in which case the violator's right to a hearing will be
preserved.
No -permit penalties are appealable to the Building Commission in the same manner as other
decisions of the department. The department may revise its assessment upon notice to both
4. the Building Commission 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.
At the hearing before the Building Commission, said Commission shall afford both the
5. 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 Building Commission shall determine whether a permit was required:
If the Building Commission determines that a permit was required, an appropriate penalty
amount shall be assessed, taking into account the same considerations as noted above.
a. 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.
If the Building Commission determines that no permit was required, the department shall
immediately cancel the stop work order.
104.5 Abatement of Violation: The imposition of the penalties herein prescribed shall not preclude the
County Counselor 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.
104.6 Permit Suspension or Revocation: When a land disturbance activity is conducted in violation of
the requirements of this code or the terms of the permit in such a manner as to materially adversely
affect the safety, health or welfare of persons or materially be detrimental or injurious to property or
improvements, the Department of Public Works or the Department of Highways and Traffic may
suspend or revoke such permit.
104.7 Stop Work Order: Upon notice from the Department of Public Works or the Department of
Highways and Traffic 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.
104.7.1 Unlawful Continuance: Whenever the Department of Public Works or the Department of
Highways and Traffic finds that any land disturbance activity is being prosecuted contrary to the
b.
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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 105.0 APPEALS
105.1 Application for Appeal: Any person shall have the right to appeal a decision of the Department
of Planning, the Department of Public Works or the Department of Highways and Traffic to the
Building Commission. 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.
105.1.1 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.
105.1.2 Filing Fee: All appeals must be accompanied by a fee in the amount specified in Chapter
1100, SLCRO 1974, as amended.
105.2 Notice of Meeting: The Commission shall meet upon notice from the Chairman within ten days
of the filing of an appeal or at stated periodic meetings.
105.3 Open Hearing: All hearings before the Commission shall be open to the public. The appellant,
the appellant's representative, the County department(s) having enforcement authority and
responsibilities described in Section 103.0 of this code, and any person whose interests are affected,
shall be given an opportunity to be heard.
105.4 Procedure: The Commission shall adopt and make available to the public through the secretary
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.
105.5 Commission Decision: Decisions by the Commission to reverse or modify a decision by a
department requires a minimum vote of three members.
105.6.1 Resolution: The decision of the Commission shall be in writing. Copies shall be furnished to
the appellant and to the County department(s) having enforcement authority and responsibilities
described in Section 103.0 of this code.
105.6.2 Administration: The applicable County department identified in Section 105.1 of this code
shall take immediate action in accordance with the decision of the Commission.
105.7 Court Review: A party adversely affected by a decision of the Commission 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 106.0 LAND DISTURBANCE PERMITS REQUIRED
106.1 County 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
106.1.1 or 106.1.2 in this code.
Exception: Activities that do not require permits under Section 106.3 of this code.
106.1.1 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 land disturbance permits
shall be filed with the Department of Public Works.
106.1.2 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.
Exceptions:
1. Activities that do not require permits under Section 106.3 of this code.
2. An ordinary land disturbance permit is not required for County highways and traffic and parks
and recreation projects; provided erosion and sediment control measures are provided until
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grass or other vegetation is established or other approved ground cover means are used.
106.1.2.1 County 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.
106.2 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 106.1.1 or 106.1.2 of this code must
obtain a separate land disturbance permit from County.
Exception:
Portions of a site having a major land disturbance permit may be transferred to a new
landowner provided the original permit holder obtains the approval of the Department of
Planning and the Department of Public Works to retain responsibility for the land disturbance
activities on the remaining portions of such property not transferred to the landowner.
106.3 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, 3, 4, 5 and 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.
Any emergency activity that is immediately necessary for the protection of life, property or
natural resources.
Existing farming, nursery and agricultural operations conducted as a permitted or accessory
use.
2.
Land disturbance activities involving less than thirty (30) cubic yards of earth/soil moved and
less than 2,000 square feet of disturbed area provided the land disturbance activity is for the
3. 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.
Land disturbance activities associated with additions to and accessory structures for one- and
two-family dwellings.
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
5. 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.
6. Gardening and similar activities on property occupied by one- or two-family dwellings.
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 or special use
permit.
106.4 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 107.0 LAND DISTURBANCE PERMIT APPLICATIONS
107.1 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 County department responsible for issuing the permit. Applications for major land disturbance
4.
7.
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permits shall include proof that proposed land disturbance and uses have received approvals from
the County Department of Planning or zoning approval from the municipality in which the land
disturbance activities will occur.
107.2 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 as directed by St. Louis County. 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.
107.3 Required Land Disturbance Escrows for Major Land Disturbance Permits: Applicants for major
land disturbance permits shall file a land disturbance escrow in the form of a letter of credit or other
improvement security in an amount deemed sufficient by the Department of Planning to cover all
costs of improvements, landscaping and maintenance of improvements for such period as specified
by the Department of Planning. The land disturbance escrow shall include engineering and
inspection costs sufficient to cover the cost of failure or repair of improvements installed on the site.
107.3.1 Release of Escrows — Project Closure: Any land disturbance 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 storm water control Best Management Practices (BMP) have been removed and
the site has been fully stabilized.
2. All permanent storm water 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.
108.0 FEES
108.1 Issuance of Permits: Land disturbance permits shall not be issued until the fees associated
with the permit are paid to the individual County departments as specified in Sections 108.1.1
through 108.1.3 of this code.
Exception: Individual County departments may defer all or parts of fees to a later stage of site
development.
108.1.1 Department of Planning: Fees for the activities of the Department of Planning related to land
disturbance permits shall be in accordance with the fee rates set forth in Title X SLCRO 1974
"Planning and Zoning", Chapter 1003 "Zoning Ordinance" and Title X SLCRO 1974 "Planning and
Zoning", Chapter 1005 "The Subdivision Ordinance of St. Louis County".
108.1.2 Department of Highways and Traffic: Fees for the activities of the Department of Highways
and Traffic related to land disturbance permits shall be in accordance with the fee rates set forth in
Title XI SLCRO 1974 "Public Works and Building Regulations" and Chapter 1105 "Department of
Highways and Traffic" and Chapter 1005 "The Subdivision Ordinance of St. Louis County". The
Department of Highways and Traffic is authorized to establish and collect inspection fees by
estimating the total number of inspection hours required for the completion of the permitted work.
108.1.3 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 Title XI
SLCRO 1974 "Public Works and Building Regulations", Chapter 1100 "Code Enforcement Fee
Schedules". 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(s) 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 of Public Works, the fee resulting from this method more
closely relates to the cost of enforcing the requirements of this code.
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2) Site address or location description and parcel identification number(s).
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
3) temporary and permanent Best Management Practices (BMP) and such other information as
may be required by the County department(s) having enforcement authority and
responsibilities described in Section 103.0 of this code.
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
4) 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. Cross sections may be
utilized in lieu of contours as approved by the Department of Highways and Traffic.
A natural resources map identifying soils, forest cover and resources protected under other
provisions of County 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.
Description of Best Management Practices (BMP) to be utilized to control erosion and
sedimentation during the period of land disturbance.
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.
Description of Best Management Practices (BMP) that will be installed during land disturbance
12) 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.
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,
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108.2 Refunds: In the case of revocation of a permit or projects where land disturbance activities
have begun, no refund shall be permitted. Any excess fee for abandoned projects, where land
disturbance work has not started, shall be returned to the permit holder upon written request received
not later than twelve (12) months after the date the permit was issued. All plan examination and
permit processing fees and all penalties that have been imposed upon the permit holder under the
requirements of this code shall be deducted from the refund or paid by the permit holder prior to any
refund being issued.
109.0 STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
109.1 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:
Name, address and telephone number of the site owner and the name, address and telephone
1) number of the individual who will be in overall responsible charge of construction/development
activities at the site.
5)
10)
11)
14)
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installation of temporary erosion and sediment control measures, and establishment of
permanent vegetation.
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.
Seeding mixtures and rates, types of sod, method of seed bed preparation, expected seeding
17) dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both
temporary and permanent vegetative control measures.
Provisions for maintenance of control facilities, including easements and estimates of the cost
of maintenance.
Plans for responding to any loss of contained sediment to include the immediate actions the
19) 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.
Schedules and procedures for routine inspections of any structures provided to prevent
20) 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.
109.2 Required Plan Amendments — Storm Water Pollution Prevention Plan (SWPPP): The permit
holder shall amend the Storm Water Pollution Prevention Plan whenever:
1) Design, operation or maintenance of Best Management Practices (BMP) is changed;
Design of the construction project is changed that could significantly affect the quality of the
storm water discharges;
Site operator's inspections indicate deficiencies in the Storm Water Pollution Prevention Plan
(SWPPP) or any Best Management Practices (BMP);
Inspections by County or by the Missouri Department of Natural Resources indicate
4) deficiencies in the Storm Water Pollution Prevention Plan (SWPPP) or any Best Management
Practices (BMP);
The Storm Water Pollution Prevention Plan (SWPPP) is determined to be ineffective in
5) significantly minimizing or controlling erosion or excessive sediment deposits in streams or
lakes;
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;
Total settleable solids from a storm water outfall exceeds 0.5 ml/L/hr if the discharge is within
7) 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
The County or the Missouri Department of Natural Resources determines violations of water
quality standards may occur or have occurred.
109.3 Permit Holder Responsibilities for Administration of Storm Water Pollution Prevention Plan
(SWPPP): The permit holder shall:
Notify all contractors and other entities (including utility crews, County employees or their
agents) that will perform work at the site of the existence of the Storm Water Pollution
1 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);
Determine the need for and establish training programs to ensure that all site workers have
2) 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
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2)
3)
6)
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(BMP); and
4) Maintain a current copy of the Storm Water Pollution Prevention Plan (SWPPP) on the site at
all times.
1114.200 CHAPTER 2 — DESIGN REQUIREMENTS
SECTION 201.0 GENERAL
201.1 Design: The design of erosion and settlement controls required for land disturbance activities
shall comply with the following minimum requirements:
Land disturbance, erosion and sediment control practices, and watercourse crossings shall be
adequate to prevent transportation of sediment from the site.
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.
Cut and fill slopes shall be no greater than 3:1 except as approved by the Department of Public
3. Works or the Department of Highways and Traffic to meet other community or environmental
objectives.
Clearing and grading of natural resources, such as forests and wetlands, shall not be
permitted, except when in compliance with all other County ordinances.
Clearing techniques that retain existing vegetation to the maximum extent practicable shall be
5. used and the time period for disturbed areas to be without vegetative cover shall be minimized
to the extent practical.
Clearing, except that necessary to establish sediment control devices, shall not begin until all
sediment control devices have been installed and have been stabilized.
Phasing shall be required on all sites disturbing greater than thirty (30) acres of land. The size
7. of each phase will be established by the Department of Planning at the time of plan review for
the issuance of a major land disturbance permit.
201.2 Erosion Control Design: Erosion control requirements shall include the following:
1. Soil stabilization shall be completed within five days of clearing or inactivity in construction.
2 If seeding or another vegetative erosion control method is used, it shall become established
within two weeks or the site shall be re -seeded or a non -vegetative option employed.
3. Techniques shall be employed to ensure stabilization on steep slopes and in drainage ways.
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.
201.3 Sediment Control Design: Sediment control requirements shall include:
1. Settling basins, sediment traps or tanks and perimeter controls.
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
2. 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.
Settling basins shall be designed in a manner that allows adaptation to provide long-term storm
3. water management, as required by the County department(s) having enforcement authority
and responsibilities described in Section 103.0 of this code.
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
2.
4.
6.
4.
4.
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perimeter controls.
201.4 Watercourse Design: Watercourse protection requirements shall include:
Encroachment into or crossings of active watercourses/riparian areas and wetlands shall be
1 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 County
land disturbance permit.
2. Stabilization of any watercourse channels before, during and after any in -channel work.
If a defined watercourse is to be re -aligned or re -configured, clearing and grubbing activities
within 50 feet of the watercourse shall not begin until all materials and equipment necessary to
protect the watercourse and complete the work are on site. Once started, work shall be
completed as soon as possible. Areas within 50 feet of the watercourse shall be re -contoured
and re -vegetated, seeded or otherwise protected within five working days after land
disturbance activities have ceased.
3.
4.
5.
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.
Stabilization adequate to prevent erosion shall be provided at the outlets of all pipes and paved
channels.
201.5 Construction Site Access Design: Construction site access requirements for major land
disturbance activities shall include:
A temporary access road provided at all land disturbance sites including a wash -down area
supporting all active sites.
The Department of Highways and Traffic may require other measures to ensure that
2. construction vehicles do not track sediment onto public streets or be washed with wash effluent
channeled directly into storm drains.
201.6 Control of Construction Materials and Waste: Control requirements for construction materials,
construction wastes and other wastes generated on site at land disturbance sites shall include
provisions satisfactory to the County department(s) having enforcement authority and responsibilities
described in Section 103.0 of this code for:
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,
1. 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.
Collection and disposal of discarded building materials and other construction site wastes,
including those listed in Section 201.6.1 above.
3. Litter control.
4. Control of concrete truck washouts.
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 as directed by the Department of Health.
1114.300 CHAPTER 3 — INSPECTIONS
SECTION 301.0 GENERAL
301.1 Departments of Public Works and Highways and Traffic — General: The County department(s)
having enforcement authority and responsibilities described in Section 103.0 of this code 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 County 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
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Departments of Public Works or Highways and Traffic, as applicable, 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
Exception: Inspections conducted by the Department of Highways and Traffic related to construction
and maintenance of County highways and roadways.
301.1.1 Extra Inspections: In addition to the inspections otherwise required, the Departments of
Public Works or Highways and Traffic 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.
301.2 Permit Holder Inspection and Report Responsibilities — Major Land Disturbances: The holder
of a major land disturbance permit or his/her agent shall cause regular inspections of land
disturbance sites by a qualified special inspector. Inspections shall include all erosion and sediment
and other pollutant control measures, outfalls and off -site receiving waters in accordance with the
inspection schedule outlined in the approved Storm Water Pollution Prevention Plan (SWPPP).
Inspections must be scheduled at least once per week and no later than 48 hours after a rainfall that
causes storm water runoff to occur on site. 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 Departments of Public Works or Highways and Traffic 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 calendar days of the weekly inspection report. If weather
conditions make it impossible to correct the problem within seven calendar days, a detailed report of
the problem (including pictures) shall be filed with the regular inspection reports.
301.2.1 Verification of Permit Holder's Reports: The Departments of Public Works or Highways and
Traffic 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.
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