HomeMy Public PortalAboutSt Louis County25494.docx
/Ords/2013
7/31/2013 68k 2 hits
BILL NO. 141 , 2013
ORDINANCE NO. 25,494 , 2013
Introduced by Councilmember Erby for Burkett
AN ORDINANCE
AMENDING CHAPTER 1114, TITLE XI SLCRO 1974 AS
AMENDED, “LAND DISTURBANCE CODE,” BY REPEALING
AND RE-ENACTING SECTIONS 1114.100, 1114.200,
1114.300 AND 1114.400.
BE IT ORDAINED BY THE COUNTY COUNCIL OF ST. LOUIS COUNTY,
MISSOURI, AS FOLLOWS:
SECTION 1. Title XI SLCRO 1974 as amended, “Public Works
and Building Regulations,” Chapter 1114, “Land
Disturbance Code,” is amended by repealing and re-
enacting Sections 1114.100, 1114,200, 1114.300 and
1114.400, which shall read as follows:
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
Page 1 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
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,
methods, devices, 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.
Board: The Board of Appeals or Building Commission as
provided for in Section 4.330, St. Louis County Charter.
Borrow Pit or Site: An area where material (usually soil,
gravel, or sand) is excavated for use at another location.
Clearing: Any activity that removes the vegetative surface
cover or destroys the root system.
Page 2 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
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.
Community Garden: A single piece of land gardened
collectively by a group of people for the purpose of growing
fresh vegetables and similar produce for their own
consumption or to donate to others.
Construction Site or Land Disturbance Site: A
parcel or contiguous parcels, where Land Disturbance
Activities are performed as part of a proposed
development.
County: St. Louis County, Missouri
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.
Disaster: A disaster shall include but not necessarily be
limited to flood, windstorm, tornado, severe storm,
earthquake, bomb blast, explosion or similar natural or man-
made type event. The Code Official shall make the
determination whether an event shall be declared a
disaster.
Drainage Way: Any channel that conveys surface runoff
through a site.
Page 3 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
Emergency: An event or occasion that requires immediate
action in order to preserve or restore the public peace,
health, safety or welfare.
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
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 person who has been tested
and certified by an independent organization as having
Page 4 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
passed an examination in the principles and practices of
erosion and sediment control and methods to prepare SWPPPs
and who is also [other person or firm]knowledgeable in the
principles and practices of erosion and sediment control,
including the Best Management Practices described in this
Code.
Registered Design Professional: An individual who is
registered or licensed to practice his/her respective design
profession as defined by the statutory requirements of the
professional registration laws of the State of Missouri.
Residential: A development for or consisting of detached
single-family dwellings, detached two-family dwellings, or
multiple single-family dwellings (townhouses).
Runoff coefficient. The fraction of total rainfall that
exits at the outfalls from a site.
Sediment Control: Any Best Management Practices that
prevent eroded sediment from leaving a site.
Site Construction Plans: Written, graphic and pictorial
documents prepared or assembled for describing the design,
location and physical characteristic of land disturbance
activities and related features, elements, and components of
a project necessary for obtaining a land disturbance permit.
Special Inspections: Inspection requiring special expertise
of the erosion and sediment and other pollutant control
measures, outfalls, and off-site receiving waters, the
purpose of which is to ensure the proper installation,
operation, and maintenance of the Best Management Practices
(BMP) and to determine the overall effectiveness of the
Storm Water Pollution Prevention Plan (SWPPP) and the need
for additional control or corrective measures.
Stabilization: The use of Best Management Practices
(BMP) that prevent exposed soil from eroding from a
land disturbance site.
Start of Construction: The first Land Disturbance Activity
associated with a development.
Page 5 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
Stockpile: A temporary pile or storage location on a
commercial site for materials that can be used as approved
fill material under this Code as future on-site fill or as
fill at another approved location for proposed development
that is in the permit/review approval process.
Storm Water Pollution Prevention Plan (SWPPP): A
management plan, the purpose of which is to ensure the
design, implementation, management and maintenance of
Best Management Practices (BMP) in order to reduce
the amount of sediment and other pollutants in
storm water discharges associated with Land Disturbance
Activities, comply with the standards of the County and
ensure compliance with the terms and conditions of
the applicable state permits, including adherence to
the land disturbance program contained in Missouri MS4 NPDES
permits.
Water Course: A natural or artificial channel or
body of water, including but not limited to lakes,
ponds, rivers, streams, ditches and other open conveyances
that carry surface runoff water either continuously or
intermittently.
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. Adopt a code identical in substance to this Code; and
3. Perform the functions associated with the
authority and responsibilities of the Department
Page 6 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
of Planning identified in section 103.1 of this Code,
or other mutually agreeable services; and
4. 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: Except with respect
to property owned or controlled by County, 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 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.
102.2 Referenced Standards and Manuals: The standards and
manuals referenced below shall be considered a part of the
requirements of this Code. Where conflicts occur between
the provisions of County ordinances, including this Code,
and the referenced standards and manuals, the provisions of
County ordinances shall apply.
1. County’s Model Best Management Practices for Land
Disturbance – Sediment and Erosion Control Manual
2. County’s Design Criteria for the Preparation of
Improvement Plans Manual
3. County’s Standard Specification for Highway
Construction Manual
4. Standard Method 2540 F from the Standard Methods for
Examination of Water and Wastewater jointly published by
the American Public Health Association (APHA), the
American Water Works Association (AWWA), and the Water
Environment Federation (WEF)
Page 7 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
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:
1. 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;
2. Coordinate the review of Major Land
Disturbance permit applications and
accompanying documents with the Departments of
Planning and Highways and Traffic;
3. Coordinate the issuance of the Major Land Disturbance
permit with the Departments of Planning and Highways
and Traffic and issue such permits. Such permits may
authorize any one or more Major Land Disturbance
Activity;
4. Inspect Commercial Land Disturbance Activities; and
residential land disturbance activity associated with
permitted construction of buildings or structures;
5. Inspect Commercial Land Disturbance Activities
within or abutting areas designated one-hundred
(100) year flood plain; and
6. Receive applications, perform plan review,
inspect and issue of permits for Ordinary Land
Disturbance Activities relating to Best Management
Practices (BMP) to be utilized to control
erosion and sedimentation from leaving the site
Page 8 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
during construction and other Land Disturbance
Activities.
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 County;
3. Plan review of Land Disturbance Activities within or
abutting areas designated one-hundred (100) year flood
plain;
4. Inspect Residential Land Disturbance Activities within
or abutting areas designated one-hundred (100) year
flood plain; and
5. Inspect Residential Land Disturbance Activities except
activities associated with permitted construction of
buildings and structures.
103.4 Protection of Adjacent Property: 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
Page 9 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
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 without obtaining the appropriate permit to do
so, or to be otherwise 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] seven calendar days after
notification, shall be subject to the penalties enumerated
in [Sections 104.4 and 104.4.1] this Code.
104.2.1 Notices 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] this Code and/or penalties issued by the
Missouri Department of Natural Resources (MDNR) and/or the
Environmental Protection Agency (EPA).
Page 10 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
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:
1. violate any provision of this Code, or
2. fail to comply with any of the requirements of
this Code, or
3. 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
4. start any work requiring a permit without first
obtaining a permit therefore, or
5. fail to call for the required County inspections, or
6. fail to cause or make the special inspector’s regular
and after-rain inspections or file the required special
inspector weekly reports, or
7. continue any work on or about the site [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
8. [any owner of a property or any other person who commits,
takes par or] assist in any violation of this Code, or
9. maintain any property on which a violation of this Code
exists, shall be guilty of a misdemeanor, punishable by a
fine of not more than $1,000.00 or by imprisonment not
exceeding 90 days, or both such fine and imprisonment.
Each day that a violation continues shall be deemed a
separate offense.
[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,
Page 11 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
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.]
104.4.1 [104.4.2 No-Permit Penalty]Failure to Obtain a
Permit: In addition to the actions and penalties [set out
above] contained in Sections 104.3 and 104.4 above, County
may implement the following procedure [shall be followed
where a County Department identified in Section 103
determines that] when work has been started prior to [the
acquisition] issuance 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,] Assess an administrative penalty which
shall not exceed the greater of $500.00 or 1 percent
of the cost of the land disturbance activities [One
Thousand Dollars ($1,000.00) for each day that
work occurs without a permit]. In making the
assessment, the Department [shall] will consider whether
the violator has previously violated this Code and
whether the occupation or experience of the violator
indicates that he/she knew or should have known that a
permit was required. [In no case will a No-
Permit Penalty be assessed against a property
owner unless he/she actually performed the work
involved.
3. At the violator’s option, he/she may deposit
the assessed penalty amount in escrow (certified
check or cash only) with the Department, in
which case the violator’s right to a hearing
will be preserved.
4. No-Permit Penalties are appealable to the
Building Commission in the same manner as other
decisions of the Department. The Department may revise
its assessment upon notice to both 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
Page 12 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
recommended penalty amount and the hearing will be
canceled.
5. At the hearing before the Building Commission, said
Commission 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 Building Commission shall
determine whether a permit was required:
a. 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. 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 Building Commission determines that
no permit was required, the Department shall
immediately cancel the stop work order.]
104.4.2 Failure to Perform Special Inspections, Produce
Special Inspector Reports, Request Inspections, or Implement
BMP: In addition to the actions and penalties contained in
Sections 104.3 and 104.4 above, County may implement the
following procedure, when a person fails to conduct special
inspections, fails to submit special inspector reports,
fails to schedule the required inspections, or fails to
implement BMP), including re-establishing permanent
vegetation on the site as required by this Code:
1. Issue a violation, and, if the violation is failure to
perform special inspections or produce special inspection
reports, also issue a stop work order.
2 Assess an administrative penalty which shall not exceed
$500.00; except that in addition, assess an
administrative penalty of up to $100.00 per day for
failure to implement BMP. In making the assessment,
the Department will consider whether the violator has
previously violated this Code and whether the occupation
or experience of the violator indicates that he/she knew
Page 13 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
or should have known that Special Inspector Inspections,
Special Inspector Reports, or County Inspections were
required, or that BMP were required to be implemented.
104.5 Appeal: Appeals from County actions or penalties
imposed pursuant to Section 104.4.1 or 104.4.2 shall be
governed by provisions relating to appeals to the Board
contained in Section 105.
[104.5]104.6 Abatement of Violation [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] 104.7 Permit Suspension or Revocation: County may
suspend or revoke any permit [A land disturbance permit may
be suspended or revoked under the provisions of this code
whenever] if the permit is issued in error or on the basis
of incorrect, inaccurate, or incomplete information, or in
violation of any County ordinance, including this Code, or
any state or federal regulation [, or any provisions of this
code]. In addition, County may suspend or revoke any
permit [W]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] 104.8 Stop Work Order: In addition to the stop
work orders issued pursuant to sections 104.4.1 and 104.4.2,
[U]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, the
person performing such work shall stop work [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
Page 14 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
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 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.
105.1 APPEALS
105.2 Application for Appeal [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 Board [Building Commission]. The
Board [of Appeals, hereafter referred to as the Board,]
shall consist of the members of the Building Commission
created in Article IV, Section 4.330 of the St. Louis
County Charter. [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.
Page 15 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
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 Hearing on Appeal [Meeting]: The Board
[Commission] shall meet upon notice from the Chairman[of
the Building Commission], within thirty (30) [ten] days
of the filing of an appeal, or at stated periodic
meetings.
105.3 Open Hearing: All hearings before the Board
[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 Board [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 Board [Commission] Decision: Decisions by the
Board [Commission] to reverse or modify a
decision by a Department requires a minimum vote of
three members.
105.6 [105.6.1] Resolution: The decision of the Board
[Commission] shall be in writing and shall consist of
findings of fact and conclusions of law. 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 Board [Commission]]
105.7 Court Review: A party adversely affected by a
decision of the Board [Commission] may appeal to an
Page 16 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
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]
findings of fact and conclusions of law.
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.
Exception: Activities that do not require permits under
section 106.3 of this Code.
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 by 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 grass or other vegetation is established or other
approved
ground cover means are used.
Page 17 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
106.1.2.1 County Building Construction Permits 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 and
installation of associated utilities, sewers, or equipment
serving the building, structure, or parking lot authorized
by a permit issued under the building, plumbing,
electrical, and mechanical codes as an integrated permit
for the proposed construction.
106.1.2.2 Land Disturbance Activities Related to Emergency
Work: Where work and associated land disturbance
activities must be performed in an emergency situation to
protect the health, safety and welfare of the general
public, other than disaster response activities described in
Item 1 of Section 106.3, the application for permit must be
filed within 48 hours (two business days). Every person
shall immediately report [A]all emergency work [shall be
reported immediately] to the Department of Public Works, or
in the case of work within a roadway to the Department of
Highways & Traffic [in a manner] and apply for appropriate
permits pursuant to procedures directed by the Department.
[Applications not filed within 48 hours and the permits not
issued within a reasonable timeline because additional
information is required from the applicant is subject to
violation and a no-permit penalty in addition to the
required permit fees.]
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.
Exceptions:
1. Portions of a site having a Major Land Disturbance
permit may be transferred to a new land owner
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 land
owner.
Page 18 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
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; e) by any
cut or fill within a flood plain without a floodplain study
being approved by the County, or f) by any cut or fill
within a creek or waterway channel.
1. Any disaster response [emergency] activity that is
immediately necessary for the protection of life,
property, or natural resources.
2. Existing farming, nursery and agricultural operations
conducted as a permitted or accessory use.
3. Land Disturbance Activities involving less than thirty
(30) cubic yards of earth/soil moved and less than
2000 square feet of disturbed area
provided the Land Disturbance Activity is
for the improvement of the property. Erosion
and sediment control measures shall be provided
when necessary, until grass or other vegetation
is established or other approved means of
ground cover means are used.
4. Land Disturbance Activities associated with
additions to and accessory structures for one-
and two-family dwellings.
5. Removal of existing or dying grass or similar
vegetation by disturbing not more than 10,000
square feet and re-sodding or re-seeding with new
landscaping to include preparation of the seed bed;
provided erosion and sediment control measures
Page 19 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
are provided until the grass or other vegetation
is established. Any cut or fill in conjunction
with the preparation of the seedbed shall not
exceed thirty (30) cubic yards.
6. Gardening and similar activities on property occupied
by one- or two-family dwellings and Community Gardens
less than 2000 square feet in area, provided there is a
vegetative buffer around the perimeter of the garden or
other approved method to prevent eroded sediment from
leaving the site.
7. Land Disturbance Activities by any public
utility for the installation, inspection,
repair or replacement of any of its equipment
or for its collection or distribution lines or
piping systems; provided erosion and sediment
control measures are provided until grass or
other vegetation is established or other approved
ground cover means are used. This exception does not
apply to any Land Disturbance Activity associated with
work that requires a building permit or special use
permit.
106.4 State of Missouri and Other Agency Permits Required:
The permit applicant [must]shall 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.
If permits are also required from other County Departments
or from State or Federal agencies, the permit applicant
shall obtain the required permits before beginning any
site work authorized by a County land disturbance
permit.
106.5 Specialized Land Disturbance Permit; A specialized
land disturbance permit may be issued for clearing and
grubbing, borrow pits or sites, stockpiling of approved fill
materials, rough grading, or similar specialized work
provided applicant has submitted a SWPPP, adequate plans,
and information complying with pertinent requirements of
Page 20 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
this Code for the advance work. The holder of such
specialized permit shall proceed at their own risk with the
scope of land disturbance work authorized without assurance
that additional land disturbance activities will be
approved. If County does not approve additional land
disturbance activities, the holder of the specialized permit
shall maintain temporary erosion and sediment control
measures until permanent engineered BMP are installed, if
required, and permanent vegetation on the site is re-
established.
106.6 Posting of Permit and Inspection Placard: Work
requiring a permit shall not commence until the permit-
holder posts the permit and inspection placard at the job
site for the recording of inspections. The permit and
inspection placard shall be placed in a transparent envelope
or other approved transparent receptacle that provides
weather protection and kept on the site of work in an
approved location until the completion of the land
disturbance work.
106.7 Expiration: Land disturbance permits shall expire and
become invalid under any of the following conditions:
1. Work on the site does not commence within 180 calendar
days after issuance of the permit;
2. Work on the site is suspended or abandoned for a period
of 180 calendar days;
3. More than six (6) months has transpired since the
issuance of an Ordinary Land Disturbance Permit, and no
extension has been requested;
4. More than two (2) years have transpired since the
issuance of the Major Land Disturbance Permit, and no
extension has been requested;
5. The deposit agreement required by the Planning
Department for the Major Land Disturbance is no longer
valid.
6. If requests for extension have not been granted. [the
permit holder does not apply for an extension of the
permit or if the request for an extension is not
granted.]
The Department of Public Works may issue permits having a
longer duration than indicated above for land disturbance
activities associated with quarries, sand and gravel
Page 21 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
dredging operations, and similar long-term specialized
borrow pit or site excavation operations. The Department
shall collect the permit extension fees that normally would
otherwise be collected in accordance with Section 106.7.1,
along with fees for any additional inspections that may be
required, at the time the permit having a longer duration is
issued. Permits issued for longer durations shall have an
expiration date. Upon expiration of the longer duration
permit the Department of Public Works may grant additional
extensions in accordance with Section 106.7.1.
106.7.1 Permit Extensions: One or more extensions of time,
for periods not to exceed three months each for an Ordinary
Land Disturbance and one year each for a Major Land
Disturbance, may be granted subject to a permit extension
fee at the rate prescribed in Chapter 1100, SLCRO. The
request for a permit extension shall be submitted to the
County in writing, and justifiable cause demonstrated, by
the permit-holder at least 10 working days before the
expiration of the permit. The request shall also include a
construction schedule that represents a reasonable good
faith effort to complete the land disturbance work and re-
establish permanent vegetation in a timely manner.
106.8 Correction of Existing Violations: The Department of
Public Works may withhold issuance of a land disturbance
permit if there are unabated written violations against the
property until the violations are corrected and abated or
proposed to be corrected and abated by the work to be done
under the current application for permit.
106.9 Sites Declared Unsafe: The Department of Public
Works may withhold issuance of a land disturbance permit on
any site declared unsafe by any federal, state or county
agency.
106.10 Permit-Holder’s Responsibilities: Should the permit
be abandoned and expire, become invalid, or be suspended or
revoked, the permit-holder shall continue to comply with
applicable BMP provisions of this Code including maintaining
temporary BMP erosion and sediment control measures until
permanent engineered BMP are installed, if required, and/or
permanent vegetation is re-established on the site.
SECTION 107.0 LAND DISTURBANCE PERMIT APPLICATIONS
Page 22 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
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 construction
plans and documents determined necessary by the County
Department(s) responsible for reviewing and issuing the
permit. Applications for Major Land Disturbance 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. The total estimated fee for the
activities to be performed by the Departments of Public
Works and Highways and Traffic shall be paid in advance.
The filing fee shall be credited towards the total permit
fee when the permit is issued. Filing fees are non-
refundable should the application for permit be denied or
cancelled.
107.1.1 Time Limitation of Application: An application for
a permit for any proposed work shall be deemed to have been
abandoned 180 days after the date of filing, unless such
application has been pursued in good faith or a permit has
been issued; except that one or more extensions of time for
additional periods not exceeding 90 days each may be granted
subject to a non-refundable application extension fee at the
rate prescribed in Chapter 1100, SLCRO, which shall be paid
at the time the extension is granted. An additional
inspection fee may also be charged for status inspections to
verify work has not started. Application extension fees
shall not be credited towards the total permit fee when the
permit is issued.
107.2 Site Construction Plans Required: All applications
for permits shall be accompanied by site construction plans
in the quantity determined by the Departments of Public
Works and Highways and Traffic. Site Construction Plans for
all Major Land Disturbances and for Commercial Ordinary Land
Disturbances shall be prepared by a Registered Design
Professional consistent with the professional registration
laws of the State of Missouri. The cover or first sheet of
the Site Construction Plans shall bear an original embossed
or wet ink seal, the date, and original ink signature of the
registered design professional. In addition, all other
sheets shall bear an original embossed, wet ink, or
mechanically reproduced seal of the registered design
Page 23 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
professional. The title block of the construction plans
shall also include the name and address of the registered
design professional that sealed them. Site Construction
Plans for Residential Ordinary Land Disturbances may be
prepared by the owner or contractor, providing the scope of
work is relatively simple and there is no engineering
required. A Registered Design Professional shall prepare
and seal plans for Residential Ordinary Land Disturbances
when the scope of work is complex and/or requires
engineering.
107.2.1 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. Only the components and elements of the
Storm Water Pollution Prevention Plan (SWPPP) that do not
require engineering may be prepared by a Qualified
Professional other than a Missouri Licensed Professional
Engineer. The Storm Water Pollution Prevention Plan (SWPPP),
when prepared by a Missouri Licensed Professional Engineer,
may be incorporated into the Site Construction Plans
required by Section 107.2. The site construction plans
[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 ]shall 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, naming County
as beneficiary, in the form of cash, 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
Page 24 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
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: County will
not release [A]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. A site is considered to be
stabilized when perennial vegetation, pavement,
buildings, or structures constructed of permanent
materials cover all areas that were previously
disturbed. Vegetative cover shall be established such
that erosion no longer occurs. This typically requires a
minimum of 70% fully established plant density over 100%
of the disturbed area.
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.
108.1 FEES
108.2 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
Page 25 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
“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,] Chapter 1100 Code
Enforcement Fee Schedules” and Chapter 1105
“Department of Highways and Traffic”, and in
[Title X SLCRO 1974 “Planning and Zoning,”]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. Fees for land
disturbance related inspections associated with
construction authorized by a building permit shall be
Page 26 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
assessed to the building permit in accordance with
the additional inspection fee rates set forth in
Chapter 1100 “Code Enforcement Fee Schedules.”
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 application filing fees,
application extension fees, 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.
109.1 STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
109.2 Content - Storm Water Pollution Prevention
Plan (SWPPP): The design requirements in Chapter 2
of this Code shall be complied with when developing the
Storm Water Pollution Prevention Plan and the plan
shall include the following:
1) Name, address and telephone number of the site
owner and the name, address and telephone
number of the individual who will be in
overall responsible charge of
construction/development activities at the site. When
more than one individual is responsible for the entire
construction or land disturbance site, the areas of the
site over which each individual has control shall be
identified.
2) Site address or location description and parcel
identification number(s). Description of the nature of
the land disturbance and construction activities.
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 County
Page 27 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
department(s) having enforcement authority and
responsibilities described in section 103.0 of this
Code.
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. Cross sections may be
utilized in lieu of contours as approved by the
Department of Highways and Traffic.
5) A natural resources map identifying soils,
forest cover, and resources protected under
other provisions of County Ordinances and a general
map with enough detail to identify the location of the
construction site and any waters of the United States
or wetlands within one (1) mile of the site.
6) An estimate of the Runoff Coefficient of the
site prior to disturbance and the Runoff
Coefficient after the construction addressed in the
permit application is completed.
7) Estimated quantity of land to be disturbed.
8) Details of the site drainage pattern both before and
after Major Land Disturbance Activities.
9) Access to construction site.
10) Description of Best Management Practices
(BMP) to be utilized to control erosion and
sedimentation during the period of land disturbance. A
table or schedule listing each BMP to be utilized and
the quantity or linear footage of each. Each BMP shall
be identified as temporary or permanent.
11) Description of Best Management Practices (BMP) to
be utilized to prevent other potential
pollutants such as construction wastes, toxic or
Page 28 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
hazardous substances, petroleum products,
pesticides, herbicides, site litter, sanitary
wastes and other pollutants from entering the
natural drainage ways during the period of
construction and land disturbance.
12) Description of Best Management Practices (BMP) that
will be installed during land disturbance to control
pollutants in storm water discharges that will occur
after land disturbance activity has been completed.
13) Location of temporary facilities such as off-street
parking, [and] wash-down area for related vehicles, on-
site fueling facilities, concrete or asphalt batch
plants, and other similar temporary facilities.
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 seedbed preparation, expected seeding
dates, type and rate of lime and fertilizer
application, and kind and quantity of mulching
Page 29 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
for both temporary and permanent vegetative control
measures.
18) Provisions for maintenance of control facilities,
including easements.
19) Plans for responding to any loss of contained
sediment to include the immediate actions the
permit-holder will take in case of a containment
failure. This plan must include documentation of
actions and mandatory reporting to the Department of
Public Works.
20) Schedules and procedures for routine inspections of
any structures provided to prevent pollution of storm
water or to remove pollutants from storm water and of
the site in general to ensure all Best Management
Practices (BMP) are continually implemented and are
effective.
21) Description of measures that will be installed
during the construction process to control pollutants
in storm water discharges that will occur after
construction operations have been completed. During
construction, strategies shall be implemented to
protect post construction Best Management Practices
(BMP).
22) Description of any non-storm water discharges and
any anticipated dewatering methods.
23) A signed and dated certification statement that the
SWPPP was prepared in accordance with the requirements
and regulations of the County and the Missouri
Department of Natural Resources.
109.2 Required Plan Amendments - Storm Water
Pollution Prevention Plan (SWPPP): The permit holder
shall amend, or shall cause the Special Inspector or
preparer of the SWPPP to amend, the Storm Water Pollution
Prevention Plan whenever:
1) Design, operation or maintenance of Best Management
Practices (BMP) is changed;
Page 30 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
2) Design of the construction project is changed that
could significantly affect the quality of the storm
water discharges;
3) Site operator’s inspections indicate deficiencies
in the Storm Water Pollution Prevention Plan
(SWPPP) or any Best Management Practices (BMP);
4) Inspections by County or by the Missouri Department
of Natural resources indicate deficiencies in the
Storm Water Pollution Prevention Plan (SWPPP) or any
Best Management Practices (BMP);
5) The Storm Water Pollution Prevention Plan
(SWPPP) is determined to be ineffective
in significantly minimizing or controlling erosion
or excessive sediment deposits in streams or lakes;
6) The Storm Water Pollution Prevention Plan (SWPPP) is
determined to be ineffective in preventing pollution
of waterways from construction wastes, chemicals,
fueling facilities, concrete truck washouts, toxic
or hazardous materials, site litter or other substances
or wastes likely to have an adverse impact on water
quality;
7) Total settleable solids discharging from a storm
water outfall exceeds 2.5 ml/L per Standard Method
2540F for storm events up to but not exceeding the
local 2-year, 24-hour storm. This limitation does not
apply during storm events that exceed the local 2-year,
24-hour storm; [Total settleable solids from a storm
water outfall exceeds 0.5 ml/L/hr if the discharge is
within the prescribed proximity of a “Valuable
Resource Water” as defined by the Missouri
Department of Natural Resources;
8) Total settleable solids from a storm water outfall
exceeds 2.5 ml/L/hr for any other outfall; or]
8) [9.]The County or the Missouri Department of
Natural Resources determines violations of water Quality
Standards may occur or have occurred.
When any of the above Storm Water Pollution Prevention Plan
(SWPPP) amendments cause engineering design changes, the
permit holder shall cause the Registered Design Professional
Page 31 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
to revise and re-submit the Site Construction Plans to the
County for approval. The County may require sampling and
reporting as a result of illegal discharges, compliance
issues, complaint investigations, or evidence of
contamination from activities at the site.
109.3 Permit holder Responsibilities for Administration
of Storm Water Pollution Prevention Plan (SWPPP):
The permit holder shall:
1) Notify all contractors and other entities (including
utility crews, County employees, or their agents) that
will perform work at the site, of the existence
of the Storm Water Pollution Prevention Plan (SWPPP)
and what actions or precautions shall be taken
while on site to minimize the potential for
erosion and the potential for damaging any Best
Management Practices (BMP);
2) Determine the need for and establish training programs
to ensure that all site workers have been trained, at a
minimum, in erosion control, material handling and
storage, and housekeeping;
3) Provide copies of the Storm Water Pollution
Prevention Plan (SWPPP) to all parties who are
responsible for installation, operation or maintenance
of any Best Management Practices (BMP); [and]
4) Maintain a current copy of the Storm Water Pollution
Prevention Plan (SWPPP) on the site during the
installation, operation, and maintenance of the Best
Management Practices (BMP) [at all times];
5) Cause regular weekly and after-rain special
inspections of the land disturbance site by a County
approved special inspector as required by Section 301.2;
including notifying the special inspector of any
rainfall event causing storm water runoff to leave the
construction site;
6) Ensure that all off-site borrow-from or haul-to sites
and similar construction support activities are properly
permitted by the authority having jurisdiction;
7) Ensure that dates of major grading activities,
construction temporarily or permanently ceased, and
stabilization measures initiated are recorded; and
Page 32 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
8) Ensure that State and County Permits are posted at
the construction site; and
9) Ensure that required County inspections are requested
and that the Storm Water Pollution Prevention Plan
(SWPPP) and approved site construction plans, if not
maintained on-site, are brought to the site for the
Inspector’s use during the inspections, including any
additional or extra County inspections.
1114.200 CHAPTER 2 - DESIGN REQUIREMENTS
SECTION 201.0 GENERAL
201.1 Design: The design of erosion and sediment
[settlement] controls required for Land Disturbance
Activities shall comply with the following minimum
requirements:
1. Land disturbance, erosion and sediment control
practices, and watercourse crossings shall be
adequate to prevent transportation of sediment from the
site.
2. Materials brought to any site or property under
a permit issued under this Code, where said
material is intended to be utilized as fill
material at the site for land disturbance,
erosion or sediment control, shall consist of
clean uncontaminated earth, soil, dirt, sand,
rocks, gravel or masonry materials or other approved
materials.
3. Cut and fill slopes shall be no greater than 3:1
except as approved by the Department of Public Works
or the Department of Highways and Traffic 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 County Ordinances.
5. Clearing techniques that retain existing
vegetation to the maximum extent practicable
shall be used and the time period for disturbed areas
Page 33 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
to be without vegetative cover shall be minimized to
the extent practical.
6. Clearing, except that necessary to establish
sediment control devices, shall not begin until
all sediment control devices have been installed and
have been stabilized.
7. Phasing shall be required on all sites disturbing
greater than thirty (30) acres of land. The size of
each phase will be established by the Department
of 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.] Permit
holder shall install temporary stabilization when soil
disturbing activities will cease on any portion of the
site and are not planned to resume for a period
exceeding 14 calendar days. Temporary stabilization
must be initiated immediately upon knowing the duration
is more than 14 days. Temporary stabilization must be
completed within 7 calendar days. Final stabilization
of disturbed areas must be initiated immediately and
completed within 7 calendar days whenever any clearing,
grading, excavating or other earth disturbing activities
have permanently ceased on any portion of the site.
County may grant allowances to the 7 day completion
period for temporary and final stabilization due to
weather or equipment malfunctions. The use of
allowances shall be documented in the SWPPP.
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.
4. Soil and material stockpiles must be stabilized
or covered at the end of each workday or
Page 34 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
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.
2. Settling basins shall be provided for each drainage
area within 10 or more acres disturbed at one time and
shall be sized to contain 0.5 inch of sediment
from the drainage area and be able to contain
a 2-year, 24-hour storm. If the provision of
a basin of this size is impractical, other
similarly effective Best Management Practices
(BMP), as evaluated and specified in the Storm
Water Pollution Prevention Plan (SWPPP), shall be
provided.
3. Settling basins shall be designed in a manner
that allows adaptation to provide long-term storm
water management, as required by the County
department(s) having enforcement authority and
responsibilities described in section 103.0 of this
Code.
4. Settling basins shall have stabilized spillways to
minimize the potential for erosion of the spillway or
basin embankment.
5. Protection for adjacent properties by the use
of a vegetated buffer strip in combination
with perimeter controls.
Page 35 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
201.4 Watercourse Design: Watercourse protection
requirements shall include:
1. Encroachment into or crossings of active water
courses/riparian areas and wetlands shall be
avoided to the maximum extent practicable. All
County, state and federal permits and approvals shall
be obtained by a permit holder prior to
beginning work authorized by a County 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 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 stabilized. [re-vegetated, seeded or otherwise
protected within five working days after land
disturbance activities have ceased.] Permit holder shall
install temporary stabilization when soil disturbing
activities will cease on any portion of the site and are
not planned to resume for a period exceeding 14 calendar
days. Temporary stabilization must be initiated
immediately upon knowing the duration is more than 14
days. Temporary stabilization must be completed within
7 calendar days. Final stabilization of disturbed areas
must be initiated immediately and completed within 7
calendar days whenever any clearing, grading, excavating
or other earth disturbing activities have permanently
ceased on any portion of the site. County may grant
allowances to the 7 day completion period for temporary
and final stabilization due to weather or equipment
malfunctions. The use of allowances shall be documented
in the SWPPP.
4. All storm water conveyances shall be
designed according to the criteria of the
County and the St. Louis Metropolitan Sewer District
(MSD) and the necessary [MSD] permits obtained.
Page 36 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
5. Stabilization adequate to prevent erosion shall
be provided at the outlets of all pipes and paved
channels.
6. Except as otherwise permitted above, stream buffers
along flood plain zoned streams and other natural
waterways as required by Chapter 1003, County Zoning
Code shall not be disturbed.
201.5 Construction Site Access Design:
Construction site access requirements for Major
Land Disturbance Activities shall include:
1. A temporary construction access entrance [road],
located to provide adequate sight distance, shall be
provided at all land disturbance sites including a
wash down area supporting all active sites.
2. The Department of Highways and Traffic may require other
measures to ensure that construction vehicles do not
track sediment onto public streets or roadways, 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 the
land disturbance site, including facilities that process
and handle materials and waste such as temporary concrete
or asphalt batch plants, temporary recycling or waste
incineration facilities, and similar temporary construction
material and waste handling facilities shall include
provisions, satisfactory to the County department(s)
having enforcement authority and responsibilities
described in section 103.0 of this Code for:
1. Spill prevention and control facilities for
materials such as paint, solvents, petroleum
products, chemicals, toxic or hazardous
substances, substances regulated under
the Resource Conservation and Recovery Act
(RCRA) or the Comprehensive Environmental
Response, Compensation, and Liability Act
(CERCLA), and any wastes generated from the use
of such materials and substances, including their
Page 37 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
containers. Any containment systems employed to meet
this requirement shall be constructed of materials
compatible with the substances contained and shall be
adequate to protect both surface and ground water.
2. Collection and disposal of discarded
building materials and other construction
site wastes, including those listed in section
201.6. 1 above.
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 as directed by the
Department of Health.
7. Assurance that on-site temporary construction
materials or waste handling equipment and facilities
including, but not limited to, batch plants, recycling
or grinding facilities, and temporary incineration
equipment also adhere to County Department of Health
regulations.
1114.300 CHAPTER 3 -INSPECTIONS
SECTION 301.0 GENERAL
301.1 Department(s) 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 Storm Water Pollution
Prevention Plan (SWPPP) and/or the Site Construction, Land
Disturbance, Erosion and Sediment Control Plan as approved.
Plans for land disturbance, stripping, excavating, and
Page 38 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
filling work bearing the stamp of approval of the County
department conducting the review for compliance under this
code and/or issuing the permit shall be maintained at the
site by the permit holder during the progress of the work.
Construction work shall be done in accordance with the
approved plans. To obtain inspections, a permit-holder
shall notify the Department(s) 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 1: Inspections conducted by the Department
of Highways and Traffic related to
construction and maintenance of County highways
and roadways.
Exception 2: When conditions are not favorable to maintain
copies of the approved plans on-site, a sign shall
be installed at the entrance to the site listing
information pertinent to the location of the Storm
Water Pollution Prevention Plan (SWPPP),
approved site construction plans and the 24 hours/7
day a week phone number of the person in charge of
them. The SWPPP and approved site construction
plans shall be brought to the site and made
available for the inspector’s use during the above
required inspections and any additional or extra
inspections.
301.1.1 Additional Inspections: In addition to the
required inspections specified above the Departments of
Public Works and Highways and Traffic are authorized to
Page 39 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
perform and charge fees for additional inspections which are
reasonably necessary to enforce this Code and the zoning and
building construction codes. These inspections may include,
but not be limited to, interim status inspections due to
length or complexity of project, BMP and subdivision escrow
releases, compliance with approved site development plans,
excavations for building foundations and underground
utilities and sewers, and final finish grading and
landscaping related to completion of the building
construction project.
301.1.2 [301.1.1] Extra Inspections: In addition to
the inspections otherwise required, the Departments
of Public Works and Highways and Traffic are 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 Special Inspection and Report
Responsibilities - Major Land Disturbances: The holder
of a Major Land Disturbance Permit, or his/her agent, shall
cause regular and after-rain inspections of land disturbance
sites by a qualified special inspector approved by the
County. Inspections shall include examining 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]. When rainfall
causes storm water runoff to leave the site, the BMP must be
inspected within 48 hours after the rain event has ceased
during a normal workday and within 72 hours on the next
business day if the rain event ceases during a non-workday
such as on weekends and holidays. The total rainfall
measured for that day must be recorded on the inspection
report. A properly maintained rain gauge must be kept on
site or the storm event information must be obtained from a
weather station that is representative of the site location.
The purpose of such inspections will be to ensure
proper installation, operation and maintenance
of Best Management Practices (BMP) and to determine the
Page 40 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
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 and after-rain reports with
copies submitted weekly to the Department(s) of Public
Works or Highways and Traffic [at the time interval
specified in the permit]. The [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 special inspector [permit-holder] shall immediately
notify both the permit holder and the site contractor(s)
responsible for any deficiencies identified so that
deficiencies can be corrected within seven calendar days of
the weekly or after-rain 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. The permit holder shall be responsible
for ensuring that the deficiencies are corrected.
The permit holder shall notify the County by the next
working day whenever a special inspector is terminated,
resigns, or is unable to conduct inspections for whatever
reason. The permit holder shall retain a new special
inspector from the County’s list of approved special
inspectors within five (5) calendar days to insure that the
regular weekly and after rain inspections required by this
section are conducted and reported upon. The permit holder
shall notify the County by the next working day whenever a
new special inspector is retained. Only a County approved
special inspector can be responsible for the inspection of
BMP required under this Code.
Page 41 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
301.2.1 Verification of Permit Holder’s Reports: The
Department(s) of Public Works or Highways and Traffic
may make and charge fees for 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.
301.3 Removal from Approved List of Qualified Special
Inspectors: Failure of the special inspector to conduct
required inspections and file accurate valid inspection
reports with the County as required by Section 301.2 shall
constitute cause to remove the special inspector from the
approved list of special inspectors. A special inspector
that has been removed from the approved list has the right
to appeal to the Board.
1114.400 CHAPTER 4 -IMPLEMENTATION
SECTION 401 EFFECTIVE DATE OF CODE PROVISIONS
401.1 Effective Date of this Code: The provisions of this
Code shall become effective 90 days after its approval by
the County Executive.
ADOPTED: July 30, 2013 KATHLEEN KELLY BURKETT
CHAIRMAN, COUNTY COUNCIL
APPROVED: July 31, 2013 CHARLIE A. DOOLEY
COUNTY EXECUTIVE
ATTEST: GENEVIEVE M. FRANK
ADMINISTRATIVE DIRECTOR
APPROVED AS TO LEGAL FORM:
Patricia Redington
COUNTY COUNSELOR
Page 42 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...
Note: Matter enclosed in bold-faced brackets [thus] is not
enacted and is intended to be omitted from the ordinance.
65-575
2
25494.docx (7/31/2013)
dtSearch 7.77 (x64)
Page 43 of 43
2/23/2021file:///C:/Users/hy2rag/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FC4Y9I...