HomeMy Public PortalAboutTown of Norwood CourtBILL NO. 314 ORDINANCE NO. 314
AN ORDINANCE ADOPTING AND ENACTING
THE LAND DISTURBANCE CODE OF SAINT LOUIS COUNTY
AS AMENDED AS THE LAND DISTURBANCE CODE
OF THE TOWN OF NORWOOD COURT
WHEREAS, the Town of Norwood Court, Saint Louis County, Missouri is desirous of
adopting minimum requirements and standards for land disturbance to protect the health, safety and
welfare of the citizens of the Town of Norwood Court, Saint Louis County, Missouri.
BE IT ORDAINED, by the Board of Trustees of the Town of Norwood Court, as follows:
SECTION 1: The Saint Louis County Land Disturbance Code as amended by the County
of Saint Louis, Missouri through date of last amendatory ordinance (County Ordinance 24084
Adopted August 11, 2009) is hereby adopted as the Land Disturbance Code of the Town ofNorwood
Court, Saint Louis County, Missouri, as if filly set out herein.
SECTION 2: The Ordinance shall be in full force and effect from and after its passage and
approval by the Chairman of the Board of Trustees.
�% f I(JJ 2010.
Passed and approved this y o
ATTEST:
Chairman, Board of Trustees
BILL NO. 208 , 2009
ORDINANCE NO. 24,084 , 2009
Introduced by Councilmember
AN ORDINANCE
Erby
AMENDING CHAPTER 1114, TITLE XI SLCRO 1974 AS
AMENDED, "LAND DISTURBANCE CODE," BY
REPEALING AND RE-ENACTING SECTIONS 1114.100,
1114.200 AND 1114.300, PERTAINING TO THE
REGULATION OF LAND DISTURBANCE ACTIVITIES,
INSPECTIONS, COLLECTION OF FEES AND PENALTIES
FOR VIOLATIONS.
BE IT ORDAINED BY THE COUNTY COUNCIL OF ST. LOUIS COUNTY,
MISSOURI, AS FOLLOWS:
SECTION 1. Chapter 1114, Title XI SLCRO 1974 "Land
Disturbance Code," is hereby amended by repealing and re-enacting
Sections 1114.100, 1114.200 and 1114.300, which new sections
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 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
NOTE: Matter enclosed in bold-faced brackets [thus] is not
enacted and is intended to be omitted from the ordinance.
65-575
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.
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.
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.
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.
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Land Disturbance Permit: A permit issued by the authority
having jurisdiction..authorizing a Land Disturbance Activity at
a specific site subject to conditions stated in the permit. A
Permit may be for any one or more Major or Ordinary Land
Disturbance Activities.
Perimeter Control: A barrier that prevents sediment from
leaving a site by filtering sediment -laden runoff or diverting
it to a sediment trap or basin.
Phasing: Clearing a parcel of land in distinct stages, with
the stabilization of each phase substantially completed before
the clearing of the next.
Qualified Professional: A Missouri licensed professional
engineer or other person or firm knowledgeable in the
principles and practices of erosion and sediment control,
including the Best Management Practices described in this
Code.
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 (BMP) that
prevents eroded sediment from leaving a site.
Stabilization: The use of Best Management Practices (BMP) that
prevent exposed soil from eroding from a land disturbance
site.
Start of Construction: The first Land Disturbance Activity
associated with a development.
Storm Water Pollution Prevention Plan (SWPPP): A management
plan, the purpose of which is to ensure the design,
implementation, management and maintenance of Best Management
Practices (BMP) in order to reduce the amount of sediment and
other pollutants in storm water discharges associated with
Land Disturbance Activities, comply with the standards of the
County and ensure compliance with the terms and conditions of
the applicable state permits, including adherence to the land
disturbance program contained in Missouri MS4 NPDES permits.
Water Course: A natural or artificial channel or body of
water, including but not limited to, lakes, ponds, rivers,
streams, ditches and other open conveyances that carry surface
runoff water either continuously or intermittently.
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 (enforcement of building code
and] explosives code enforcement services; and
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2. Adopt a code identical in substance to this Code; and
3. 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
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: 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.
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 [site development] 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 [Major] 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 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.
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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; and
3. Plan review of Land Disturbance Activities within or
abutting areas designated one -hundred (100) year flood plain
and
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 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 104.4.1_
104.2.1 Notices of Violations on Highways and Traffic
Proiects: The Notice of Violation will consist of the site
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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 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 Ci] 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.
2. The Department Director shall notify the violator of
his/her assessment regarding the appropriate penalty amount
to be assessed against the violator, which shall not exceed
$1,000.00 for each day that work occurs without a permit. In
making the assessment, the Department shall consider whether
the violator has previously violated this Code and whether
the occupation or experience of the violator indicates that
he/she knew or should have known that a permit was required.
In no case will a No- Permit Penalty be assessed against a
property owner unless he/she actually performed the work
involved.
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1. 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.
2.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
recommended penalty amount and the hearing will be canceled.
3. 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.
4. 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.
104.5 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 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
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condition, shall be subject to penalties as specified in
Sections 104.4 or 104.4.1 of this Code.
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 Chair, 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 105.1of 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.
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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 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.
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.
Exceptions:
1. Portions of a site having a Major Land Disturbance
Permits] 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.
[2. Ordinary Land Disturbance permits may be transferred to a
new land owner provided the original permit holder obtains the
approval of the Department of Public Works to retain
responsibility for the Land Disturbance Activities on such
property.]
106.3 Exceptions - Land Disturbance Permits Not Required: Land
Disturbance Permits are not required for the activities
identified as items 1 and 7 [8] in this section, nor are such
Permits required for the activities identified in items
2,3,4,5, and 6 [and 7], provided the activity does not alter,
or cause to be altered, the present surface of the ground: a)
by any cut or fill at the property line; b) by any cut or fill
that would permanently divert one drainage area to another
drainage area; c) by any cut or fill which would deposit mud
or harmful silt, or create erosion or damage to adjoining
properties; or d) by any cut or fill that would block or
affect an existing swale or drainage path in a manner to cause
damming and ponding.
1. Any emergency activity that is immediately necessary for
the protection of life, property, or natural resources.
2. Existing farming, nursery and agricultural operations
conducted as a permitted or accessory use.
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3. Land Disturbance Activities involving less than thirty (30)
cubic yards of earth/soil moved and less than 2000 square feet
of disturbed area provided the Land Disturbance Activity is
for the improvement of the property. Erosion and sediment
control measures shall be provided when necessary, until grass
or other vegetation is established or other approved means of
ground cover means are used.
4. Land Disturbance Activities associated with additions to
and accessory structures for one- and two-family dwellings.
5. Removal of existing or dying grass or similar vegetation
by disturbing not more than 10,000 square feet and re -sodding
or re -seeding with new landscaping to include preparation of
the seed bed; provided erosion and sediment control measures
are provided until the grass or other vegetation is
established. Any cut or fill in conjunction with the
preparation of the seedbed shall not exceed thirty (30) cubic
yards.
6. Gardening and similar activities on property occupied by
one- or two- family dwellings.
7. Land Disturbance Activities by any public utility for the
installation, inspection, repair or replacement of any of its
equipment or for its collection or distribution lines or
piping systems; provided erosion and sediment control measures
are provided until grass or other vegetation is established or
other approved ground cover means are used. This exception
does not apply to any Land Disturbance Activity associated
with work that requires a building permit 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 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 [Site Development] Escrows for
Major Land Disturbance Permits: Applicants for.Major Land
Disturbance permits shall file a land disturbance [site
development] 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,
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landscaping, and maintenance of improvements for such period
as specified by the Department of Planning. The land
disturbance [site development] 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
disturbanceIsite development] escrow will not be fully
released to the property owner, site operator or permit holder
until all of the following have been completed:
1. All temporary storm water control Best Management Practices
(BMPs) have been removed and the site has been fully
stabilized.
2. All permanent storm water control Best Management Practices
(BMPs) have been completed.
3. All final inspections/certifications have been completed by
each of the government jurisdictions involved in authorizing
the project.
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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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:
1) Name, address and telephone number of the site owner and the
name, address and telephone number of the individual who
will be in overall responsible charge of
construction/development activities at the site.
2) Site address or location description and parcel
identification number(s).
3) A site map showing the outlines of the total project area,
the areas to be disturbed, existing land uses, locations and
names of surface water bodies, locations of flood plains,
locations of temporary and permanent Best Management
Practices (BMP) and such other information as may be
required by the County 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.
6) An estimate of the Runoff Coefficient of the site prior to
disturbance and the Runoff Coefficient after the
construction addressed in the permit application is
completed.
7) Estimated quantity of land to be disturbed.
8) Details of the site drainage pattern both before and after
Major Land Disturbance Activities.
9) Access to construction site.
10) Description of Best Management Practices (BMP) to be
utilized to control erosion and sedimentation during the
period of land disturbance.
11) Description of Best Management Practices (BMP) to be
utilized to prevent other potential pollutants such as
construction wastes, toxic or hazardous substances,
petroleum products, pesticides, herbicides, site litter,
sanitary wastes and other pollutants from entering the
natural drainage ways during the period of construction and
land disturbance.
12) Description of Best Management Practices (BMP) that will be
installed during land disturbance to control pollutants in
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storm water discharges that will occur after land
disturbance activity has been completed.
13) Location of temporary off-street parking, and wash -down area
for related vehicles.
14) Sources of off -site borrow material or spoil sites, and all
information relative to haul routes, trucks and equipment.
15) The anticipated sequence of construction and Land
Disturbance Activities, including installation of Best
Management Practices (BMP), removal of temporary Best
Management Practices (BMP), stripping and clearing; rough
grading; construction utilities, infrastructure, and
buildings; and final grading and landscaping. Sequencing
shall identify the expected date(s) on which clearing will
begin, the estimated duration of exposure of cleared areas,
areas of clearing, installation of temporary erosion and
sediment control measures, and establishment of permanent
vegetation.
16) All erosion and sediment control measures necessary to meet
the objectives of this Code throughout all phases of
construction and after completion of site development.
Depending upon the complexity of the project, the drafting
of intermediate plans may be required at the close of each
season.
17) Seeding mixtures and rates, types of sod, method of seedbed
preparation, expected seeding dates, type and rate of lime
and fertilizer application, and kind and quantity of
mulching for both temporary and permanent vegetative control
measures.
18) Provisions for maintenance of control facilities, including
easements [and estimates of the cost of maintenance].
19) Plans for responding to any loss of contained sediment to
include the immediate actions the permit -holder will take in
case of a containment failure. This plan must include
documentation of actions and mandatory reporting to the
Department of Public Works.
20) Schedules and procedures for routine inspections of any
structures provided to prevent pollution of storm water or
to remove pollutants from storm water and of the site in
general to ensure all Best Management Practices (BMP) are
continually implemented and are effective.
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;
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;
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7) Total settleable solids from a storm water outfall exceeds 0.5
m1/L/hr if the discharge is within the prescribed proximity of
a "Valuable Resource Water" as defined by the Missouri
Department of Natural Resources;
8) Total settleable solids from a storm water outfall exceeds 2.5
ml/L/hr for any other outfall; or
9) The County or the Missouri Department of Natural Resources
determines violations of water Quality Standards may occur or
have occurred.
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 performing erosion control, material handling and storage,
and housekeeping; will be trained accordingly.
3) Provide copies of the Storm Water Pollution Prevention Plan
(SWPPP) to all parties who are responsible for installation,
operation or maintenance of any Best Management Practices
(BMP); and
4) Maintain a current copy of the Storm Water Pollution
Prevention Plan (SWPPP) on the site at all times.
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:
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 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:
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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.
4. Soil stockpiles must be stabilized or covered at the end of
each workday or perimeter controls must be in place to prevent
silt from the stockpile from leaving the site.
5. The entire site must be stabilized, using a heavy mulch layer
or another method that does not require germination to control
erosion, at the close of the construction season.
6. Techniques shall be employed to prevent the blowing of dust or
sediment from the site.
7. Techniques shall be employed to divert upland runoff past
disturbed slopes.
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
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 re -vegetated, seeded or otherwise
protected within five working days after land disturbance
activities have ceased.
4. All storm water conveyances shall be designed according to
the criteria of the St. Louis Metropolitan Sewer District
(MSD) and the necessary MSD permits obtained.
5. Stabilization adequate to prevent erosion shall be provided
at the outlets of all pipes and paved channels.
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201.5 Construction Site Access Design: Construction site
access requirements for Major Land Disturbance Activities
shall include;
1. A temporary access road provided at all land disturbance
sites including a wash down area supporting all active sites.
2. The Department of Highways and Traffic may require other
measures to ensure that construction vehicles do not track
sediment onto public streets or be washed with wash effluent
channeled directly into storm drains.
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:
1. Spill prevention and control facilities for materials such
as paint, solvents, petroleum products, chemicals, toxic or
hazardous substances, substances regulated under the Resource
Conservation and Recovery Act (RCRA) or the Comprehensive
Environmental Response, Compensation, and Liability Act
(CERCLA), and any wastes generated from the use of such
materials and substances, including their containers. Any
containment systems employed to meet this requirement shall be
constructed of materials compatible with the substances
contained and shall be adequate to protect both surface and
ground water.
2. Collection and disposal of discarded building materials and
other construction site wastes, including those listed in
section 201.6. 1 above.
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.
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 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 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
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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 Department(s) 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 [72] hours after [heavy] 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 Department(s) 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 (BMPs);
4) Actions taken or necessary to correct deficiencies; and
5) A listing of areas where land disturbance operations have
permanently or temporarily stopped.
The permit -holder shall notify the site contractor(s) responsible
for any deficiencies identified so that deficiencies can be
corrected within seven calendar days of the weekly inspection
report. 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
Department(s) 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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ADOPTED: AUGUST 11, 2009
APPROVED: AUGUST 12, 2009
ATTEST: GENEVIEVE M. FRANK
ADMINISTRATIVE DIRECTOR
APPROVED AS TO LEGAL FORM:
Patricia Redington
COUNTY COUNSELOR
HAZEL M. ERBY
CHAIR, COUNTY COUNCIL
CHARLIE A. DOOLEY
COUNTY EXECUTIVE
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