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Village of Marlborough, MO
Friday, March 26, 2021
Chapter 411. Land Disturbance Code
Article I. Administration
Section 411.010. Scope.
[Ord. No. 05-422 §1, 8-8-2005]
Title. These regulations shall be known as the "Land Disturbance Code" of the Village of
Marlborough, Missouri, hereinafter referred to as "this code".
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.
Purpose. The purpose of this code is to safeguard persons, protect property and prevent damage
to the environment in the Village. 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 the
Village.
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 Village.
Section 411.020. Definitions.
[Ord. No. 05-422 §1, 8-8-2005]
For the purpose of this code, the following terms, phrases, words and their derivations shall have the
meanings given herein. Where terms are not defined by this Section, such terms shall have ordinarily
accepted meanings such as the context implies.
BEST MANAGEMENT PRACTICES OR BMP
Practices, procedures or a schedule of activities to reduce the amount of sediment and other
pollutants in stormwater discharges associated with construction and land disturbance activities.
CLEARING
Any activity that removes the vegetative surface cover.
CODE OR THIS CODE
The "Land Disturbance Code" of the Village of Marlborough, Missouri, as amended.
CONSTRUCTION SITE OR LAND DISTURBANCE SITE
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A parcel or contiguous parcels where land disturbance activities are performed as part of a
proposed development.
COUNTY
St. Louis County, Missouri.
DEPARTMENT OF HIGHWAYS AND TRAFFIC
The County Department of Highways and Traffic acting through its Director or his/her duly
authorized designee.
DEPARTMENT OF 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 and
destruction of the root zone or otherwise results in leaving the ground surface exposed to soil
erosion through the action of wind or water.
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 either 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
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A Missouri licensed professional engineer or other person or firm knowledgeable in the principles
and practices of erosion and sediment control including the best management practices described
in this code.
RUNOFF COEFFICIENT
The fraction of total rainfall that exits at the outfalls from a site.
SEDIMENT CONTROL
Any best management practices (BMP) that prevents eroded sediment from leaving a site.
STABILIZATION
The use of best management practices (BMP) that prevent exposed soil from eroding from a land
disturbance site.
START OF CONSTRUCTION
The first (1st) land disturbance activity associated with a development.
STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
A management plan, the purpose of which is to ensure the design, implementation, management
and maintenance of best management practices (BMP) in order to reduce the amount of sediment
and other pollutants in stormwater discharges associated with land disturbance activities, comply
with the standards of the County and ensure compliance with the terms and conditions of the
applicable State permits, including adherence to the land disturbance program contained in
Missouri MS4 NPDES permits.
VILLAGE
The Village of Marlborough, Missouri, or its contractual agents.
WATERCOURSE
A natural or artificial channel or body of water including, but not limited to, lakes, ponds, rivers,
streams, ditches and other open conveyances that carry surface runoff water either continuously
or intermittently.
Section 411.030. Services By St. Louis County.
[Ord. No. 05-422 §1, 8-8-2005]
Contracting With St. Louis County. The Village may contract with the St. Louis County Department
of Public Works, with the approval of the Board, to authorize 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.
Zoning Approval. Before the County undertakes any enforcement or other actions under an
agreement with the Village, it shall verify that all plans for land disturbance activities within the
corporate limits of the Village of Marlborough have been reviewed and approved by the Village for
compliance with its zoning or other Village regulatory ordinances or provisions prior to issuance of
a County permit under this code.
Section 411.040. Applicability.
[Ord. No. 05-422 §1, 8-8-2005]
Other Laws. The provisions of this code shall not be deemed to nullify any provisions of Village, State
or Federal law.
Section 411.050. Enforcement.
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[Ord. No. 05-422 §1, 8-8-2005]
The Village. The Village of Marlborough shall have the authority and responsibility to perform the
following functions related to the enforcement of this code:
Plan review of major land disturbance activities;
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 Village; and
Plan review of land disturbance activities within or abutting areas designated 100-year
floodplain.
The 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:
Receive applications for major land disturbance permits;
Coordinate the review of permit applications and accompanying documents with the
Department of Public Works, the Department of Highways and Traffic and the Metropolitan St.
Louis Sewer District (MSD);
Clear issuance of major land disturbance permits with the Department of Public Works, the
Department of Highways and Traffic and the Metropolitan St. Louis Sewer District (MSD) and
issue such permits; and
Administer the determination, collection and release of site development escrows required by
this code.
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:
Inspection of major land disturbance activities;
Inspection of land disturbance activities within or abutting areas designated 100-year
floodplain; and
Plan review, inspection and issuance 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 during construction and other land disturbance activities.
Rulemaking Authority. The Village and those County departments having enforcement authority
and responsibilities described in Section 411.050 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. Such rules and regulations are incorporated herein by reference.
Section 411.060. Violations.
[Ord. No. 05-422 §1, 8-8-2005]
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
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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 (10) days after notification shall be subject to the penalties
enumerated in Sections 104.4 and 104.4.1 of the SLCRO.
Prosecution Of Violation. If the violator does not abate the violation promptly, the Village or its
agent, St. Louis County, shall request the Village Attorney or prosecuting attorney to institute the
appropriate proceeding at law or in equity to restrain, correct or abate such violation.
Violation, Penalties. Any person, firm or corporation who shall violate any provision of this code or
who shall fail to comply with any of the requirements thereof or who shall perform work in violation
of the approved construction documents or the stormwater pollution prevention plan or any
directive of the Village or of a permit or certificate issued under the provisions of this code or shall
start any work requiring a permit without first obtaining a permit therefore or who shall continue
any work in or about a structure after having been served a stop work order, except for such work
which that person, firm or corporation has been directed to perform to remove a violation or unsafe
conditions, or any owner of a property or any other person who commits, takes part or assists in
any violation of this code or who maintains any property on which such violation shall exist shall
be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars
($1,000.00) or by imprisonment not exceeding ninety (90) days, or both such fine and
imprisonment. Each day that a violation continues shall be deemed a separate offense.
No Permit Penalty. In addition to the penalties set out above, the following procedure shall be
followed where the Village determines that work has been started prior to the acquisition of a
permit required by this code:
The Village shall issue a stop work order.
The Village shall notify the violator of his/her assessment regarding the appropriate penalty
amount to be assessed against the violator, which shall not exceed one thousand dollars
($1,000.00) for each day that work occurs without a permit. In making the assessment, the
Village shall consider whether the violator has previously violated this code and whether the
occupation or experience of the violator indicates that he/she knew or should have known that
a permit was required. In no case will a no permit penalty be assessed against a property
owner unless he/she actually performed the work involved.
At the violator's option, he/she may deposit the assessed penalty amount in escrow (certified
check or cash only) with the Village, in which case the violator's right to a hearing will be
preserved.
No permit penalties are appealable to the Building Commission of St. Louis County in the
same manner as other decisions of the County. The Village 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.
At the hearing before the Building Commission, said Commission shall afford both the Village,
by and through its agents, St. Louis County Department of Planning and/or Public Works and
the alleged violator an opportunity to present any evidence or make any statements they wish
to have considered.
Following the hearing the Building Commission shall determine whether a permit was
required:
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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.
If the Building Commission determines that no permit was required, the Village shall
immediately cancel the stop work order.
Abatement Of Violation. The imposition of the penalties herein prescribed shall not preclude the
Village 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.
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 Village may suspend or revoke such permit.
Stop Work Order. Upon notice from the Village or its agent, St. Louis County, 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.
Unlawful Continuance. Whenever the Village 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 Subsections
(D) or D(1) of this Section.
Section 411.070. Appeals.
[Ord. No. 05-422 §1, 8-8-2005]
Application For Appeal. Any person shall have the right to appeal a decision of the Village. An
application for appeal shall be based on a claim that the intent of this code or the rules or
regulations adopted thereunder have been incorrectly interpreted or the provisions of this code do
not apply.
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.
Filing Fee. All appeals must be accompanied by a fee in the amount specified in Chapter 1100,
SLCRO 1974, as amended.
Notice Of Meeting. The Commission shall meet upon notice from the Chairman within ten (10)
days of the filing of an appeal or at stated periodic meetings.
Open Hearing. All hearings before the Commission shall be open to the public. The appellant, the
appellant's representative, the Village and any person whose interests are affected shall be given
an opportunity to be heard.
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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.
Commission Decision. Decisions by the Commission to reverse or modify a decision by the Village
requires a minimum vote of three (3) members.
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 the SLCRO.
Administration. The applicable County department acting on behalf of the Village shall take
immediate action in accordance with the decision of the Commission.
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 411.080. Land Disturbance Permits Required.
[Ord. No. 05-422 §1, 8-8-2005]
Village 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
411.080(A)(1) or 411.080(A)(2) in this Code.
Exception: Activities that do not require permits under Subsection (C) of this Section 411.080.
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 Planning.
Exception: Activities that do not require permits under Subsection (C) of this Section 411.080.
Ordinary land disturbance permit. No person shall perform any ordinary land disturbance
activity prior to receipt of an ordinary land disturbance permit. Applications for ordinary land
disturbance permits shall be filed with the Department of Public Works.
Exception: Activities that do not require permits under Subsection (C) of this Section 411.080.
Building permit and related ordinary land disturbance activities. The Village 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.
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 the SLCRO
must obtain a separate land disturbance permit from the County.
Exceptions:
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 to retain responsibility for
the land disturbance activities on such property.
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.
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Exceptions — Land Disturbance Permits Not Required. Land disturbance permits are not required
for the activities identified as items (a) and (h) in this Subsection, nor are such permits required for
the activities identified in items (b), (c), (d), (e), (f) and (g), provided the activity does not alter, or
cause to be altered, the present surface of the ground:
By any cut or fill at the property line;
By any cut or fill that would permanently divert one drainage area to another drainage area;
By any cut or fill which would deposit mud or harmful silt or create erosion or damage to
adjoining properties; or
By any cut or fill that would block or affect an existing swale or drainage path in a manner to
cause damming and ponding.
Any emergency activity that is immediately necessary for the protection of life, property or
natural resources.
Existing farming, nursery and agricultural operations conducted as a permitted or
accessory use.
Excavation or fill of less than thirty (30) cubic yards 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.
Land disturbance activities associated with additions to and accessory structures for one-
and two-family dwellings.
Land disturbance activities less than two thousand (2,000) square feet in area.
Removal of existing or dying grass or similar vegetation by disturbing not more than ten
thousand (10,000) square feet and resodding or reseeding with new landscaping to
include preparation of the seed bed; provided erosion and sediment control measures
are provided until the grass or other vegetation is established. Any cut or fill in
conjunction with the preparation of the seedbed shall not exceed thirty (30) cubic yards.
Gardening and similar activities on property occupied by one- or two-family dwellings.
Land disturbance activities by any public utility for the installation, inspection, repair or
replacement of any of its equipment or for its collection or distribution lines or piping
systems; provided erosion and sediment control measures are provided until grass or
other vegetation is established or other approved ground cover means are used. This
exception does not apply to any land disturbance activity associated with work that
requires a building permit.
State Of Missouri Permits Required. The permit applicant must obtain a land disturbance permit
from the State of Missouri Department of Natural Resources for any site where one (1) acre or
more of land will be disturbed, before beginning any site work authorized by a County permit. This
requirement applies to sites of less than one (1) acre that are part of a proposed development that
will ultimately disturb one (1) acre or more.
Section 411.090. Land Disturbance Permit Applications.
[Ord. No. 05-422 §1, 8-8-2005]
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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. Such applications shall include proof
that proposed land uses have received zoning approvals from the County or the municipality in
which the land disturbance activities will occur.
Storm Water Pollution Prevention Plan Required (SWPPP) For Major Land Disturbance Permits.
All applications for major land disturbance permits shall be accompanied by a stormwater pollution
prevention plan prepared for the specific site by or under the direction of a qualified professional.
The application shall contain a statement that any land clearing, construction or development
involving the movement of earth shall be in accordance with the stormwater pollution prevention
plan and the applicant will assume and acknowledge responsibility for compliance with this code
and the stormwater pollution prevention plan at the site of the permitted activity.
Required Site Development Escrows For Major Land Disturbance Permits. Applicants for major
land disturbance permits shall file a site development escrow in the form of a letter of credit or
other improvement security acceptable to the Village in an amount deemed sufficient by the
Village to cover all costs of improvements, landscaping and maintenance of improvements for
such period as specified by the Village. The site development escrow shall include engineering
and inspection costs sufficient to cover the cost of failure or repair of improvements installed on
the site.
Release of escrows — project closure. Any site development escrow will not be fully released
to the property owner, site operator or permit holder until all of the following have been
completed:
All temporary stormwater control best management practices (BMP) have been removed
and the site has been fully stabilized.
All permanent stormwater control best management practices (BMP) have been
completed.
All final inspections/certifications have been completed by each of the government
jurisdictions involved in authorizing the project.
Section 411.100. Fees.
[Ord. No. 05-422 §1, 8-8-2005]
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 Subsections (1) — (3) below.
Exception: Individual County departments may defer all or parts of fees to a later stage of site
development.
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".
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 1105 "Department of Highways
and Traffic".
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
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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.
Section 411.110. Storm Water Pollution Prevention Plan
(SWPPP).
[Ord. No. 05-422 §1, 8-8-2005]
Content — Storm Water Pollution Prevention Plan (SWPPP). The design requirements in Article II
of this code shall be complied with when developing the stormwater pollution prevention plan and
the plan shall include the following:
Name, address and telephone number of the site owner and the name, address and
telephone number of the individual who will be in overall responsible charge of
construction/development activities at the site.
Site address or location description and parcel identification number(s).
A site map showing the outlines of the total project area, the areas to be disturbed, existing
land uses, locations and names of surface water bodies, locations of floodplains, 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 the SLCRO.
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, spreading and compacting.
A natural resources map identifying soils, forest cover and resources protected under other
provisions of County ordinances.
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.
Estimated quantity of land to be disturbed.
Details of the site drainage pattern both before and after major land disturbance activities.
Access to construction site.
Description of best management practices (BMP) to be utilized to control erosion and
sedimentation during the period of land disturbance.
Description of best management practices (BMP) to be utilized to prevent other potential
pollutants such as construction wastes, toxic or hazardous substances, petroleum products,
pesticides, herbicides, site litter, sanitary wastes and other pollutants from entering the natural
drainage ways during the period of construction and land disturbance.
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Description of best management practices (BMP) that will be installed during land disturbance
to control pollutants in stormwater discharges that will occur after land disturbance activity has
been completed.
Location of temporary off-street parking and washdown area for related vehicles.
Sources of off-site borrow material or spoil sites and all information relative to haul routes,
trucks and equipment.
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.
All erosion and sediment control measures necessary to meet the objectives of this code
throughout all phases of construction and after completion of site development. Depending
upon the complexity of the project, the drafting of intermediate plans may be required at the
close of each season.
Seeding mixtures and rates, types of sod, method of 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.
Provisions for maintenance of control facilities, including easements and estimates of the cost
of maintenance.
Plans for responding to any loss of contained sediment to include the immediate actions the
permit holder will take in case of a containment failure. This plan must include documentation
of actions and mandatory reporting to the Department of Public Works.
Schedules and procedures for routine inspections of any structures provided to prevent
pollution of stormwater or to remove pollutants from stormwater and of the site in general to
ensure all best management practices (BMP) are continually implemented and are effective.
Required Plan Amendments — Storm Water Pollution Prevention Plan (SWPPP). The permit
holder shall amend the stormwater pollution prevention plan whenever:
Design, operation or maintenance of best management practices (BMP) is changed;
Design of the construction project is changed that could significantly affect the quality of the
stormwater discharges;
Site operator's inspections indicate deficiencies in the stormwater pollution prevention plan
(SWPPP) or any best management practices (BMP);
Inspections by County or by the Missouri Department of Natural Resources indicate
deficiencies in the stormwater pollution prevention plan (SWPPP) or any best management
practices (BMP);
The stormwater pollution prevention plan (SWPPP) is determined to be ineffective in
significantly minimizing or controlling erosion or excessive sediment deposits in streams or
lakes;
The stormwater pollution prevention plan (SWPPP) is determined to be ineffective in
preventing pollution of waterways from construction wastes, chemicals, fueling facilities,
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concrete truck washouts, toxic or hazardous materials, site litter or other substances or
wastes likely to have an adverse impact on water quality;
Total settleable solids from a stormwater outfall exceeds one-half (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;
Total settleable solids from a stormwater outfall exceeds two and one-half (2.5) ml/L/hr for any
other outfall; or
The County or the Missouri Department of Natural Resources determines violations of water
quality standards may occur or have occurred.
Permit Holder Responsibilities For Administration Of Storm Water Pollution Prevention Plan
(SWPPP). The permit holder shall:
Notify all contractors and other entities (including utility crews, County employees or their
agents) that will perform work at the site of the existence of the stormwater pollution
prevention plan (SWPPP) and what actions or precautions shall be taken while on site to
minimize the potential for erosion and the potential for damaging any best management
practices (BMP);
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;
Provide copies of the stormwater pollution prevention plan (SWPPP) to all parties who are
responsible for installation, operation or maintenance of any best management practices
(BMP); and
Maintain a current copy of the stormwater pollution prevention plan (SWPPP) on the site at all
times.
Article II. Design Requirements
Section 411.120. General.
[Ord. No. 05-422 §1, 8-8-2005]
Design. The design of erosion and settlement controls required for land disturbance activities shall
comply with the following minimum requirements:
Land disturbance, erosion and sediment control practices and watercourse crossings shall be
adequate to prevent transportation of sediment from the site.
Materials brought to any site or property under a permit issued under this code, where said
material is intended to be utilized as fill material at the site for land disturbance, erosion or
sediment control, shall consist of clean uncontaminated earth, soil, dirt, sand, rocks, gravel or
masonry materials only.
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.
Clearing and grading of natural resources, such as forests and wetlands, shall not be
permitted, except when in compliance with all other County ordinances.
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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.
Clearing, except that necessary to establish sediment control devices, shall not begin until all
sediment control devices have been installed and have been stabilized.
Phasing shall be required on all sites disturbing greater than thirty (30) acres of land. The size
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.
Erosion Control Design. Erosion control requirements shall include the following:
Soil stabilization shall be completed within five (5) days of clearing or inactivity in construction.
If seeding or another vegetative erosion control method is used, it shall become established
within two (2) weeks or the site shall be reseeded or a non-vegetative option employed.
Techniques shall be employed to ensure stabilization on steep slopes and in drainage ways.
Soil stockpiles must be stabilized or covered at the end of each workday or perimeter controls
must be in place to prevent silt from the stockpile from leaving the site.
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.
Techniques shall be employed to prevent the blowing of dust or sediment from the site.
Techniques shall be employed to divert upland runoff past disturbed slopes.
Sediment Control Design. Sediment control requirements shall include:
Settling basins, sediment traps or tanks and perimeter controls.
Settling basins shall be provided for each drainage area within ten (10) or more acres
disturbed at one time and shall be sized to contain one-half (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 stormwater pollution prevention plan (SWPPP), shall be
provided.
Settling basins shall be designed in a manner that allows adaptation to provide long-term
stormwater management, as required by the County department(s) having enforcement
authority and responsibilities described in Section 103.0 of the SLCRO.
Settling basins shall have stabilized spillways to minimize the potential for erosion of the
spillway or basin embankment.
Protection for adjacent properties by the use of a vegetated buffer strip in combination with
perimeter controls.
Watercourse Design. Watercourse protection requirements shall include:
Encroachment into or crossings of active watercourses/riparian areas and wetlands shall be
avoided to the maximum extent practicable. All Village, County, State and Federal permits
and approvals shall be obtained by a permit holder prior to beginning work authorized by a
Village land disturbance permit.
Stabilization of any watercourse channels before, during and after any in-channel work.
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If a defined watercourse is to be realigned or reconfigured, clearing and grubbing activities
within fifty (50) feet of the watercourse shall not begin until all materials and equipment
necessary to protect the watercourse and complete the work are on site. Once started, work
shall be completed as soon as possible. Areas within fifty (50) feet of the watercourse shall be
recontoured and revegetated, seeded or otherwise protected within five (5) working days after
land disturbance activities have ceased.
All stormwater conveyances shall be designed according to the criteria of the St. Louis
Metropolitan Sewer District (MSD) and the necessary MSD permits obtained.
Stabilization adequate to prevent erosion shall be provided at the outlets of all pipes and
paved channels.
Construction Site Access Design. Construction site access requirements for major land
disturbance activities shall include:
A temporary access road provided at all land disturbance sites including a wash down area
supporting all active sites.
The Department of Highways and Traffic may require other measures to ensure that
construction vehicles do not track sediment onto public streets or be washed with wash
effluent channeled directly into storm drains.
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 411.050 of this Code, for:
Spill prevention and control facilities for materials such as paint, solvents, petroleum products,
chemicals, toxic or hazardous substances, substances regulated under the Resource
Conservation and Recovery Act (RCRA) or the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA) and any wastes generated from the use of such
materials and substances, including their containers. Any containment systems employed to
meet this requirement shall be constructed of materials compatible with the substances
contained and shall be adequate to protect both surface and ground water.
Collection and disposal of discarded building materials and other construction site wastes,
including those listed in subsection (F)(1) above.
Litter control.
Control of concrete truck washouts.
Assurance that on-site fueling facilities will adhere to applicable Federal and State regulations
concerning storage and dispensers.
Provision of sufficient temporary toilet facilities to serve the number of workers on major land
disturbance sites.
Article III. Inspections
Section 411.130. General.
[Ord. No. 05-422 §1, 8-8-2005]
Department Of Public Works — General. The County department(s) having enforcement authority
and responsibilities described in Section 411.050 of this Code shall make inspections as herein
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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
of Public Works at least two (2) working days before the following:
Start of construction.
Installation of sediment and erosion measures.
Completion of site clearing.
Completion of rough grading.
Completion of final grading.
Close of the construction season.
Completion of final landscaping.
Exception: Inspections conducted by the Department of Highways and Traffic related to
construction and maintenance of County highways and roadways.
Extra inspections. In addition to the inspections otherwise required, the Department of
Public Works 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.
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, including all erosion and sediment and other pollutant control measures, outfalls and off-site
receiving waters, in accordance with the inspection schedule outlined in the approved stormwater
pollution prevention plan (SWPPP). Inspections must be scheduled at least once per week and no
later than seventy-two (72) hours after heavy rain. The purpose of such inspections will be to
ensure proper installation, operation and maintenance of best management practices (BMP) and
to determine the overall effectiveness of the stormwater pollution prevention plan (SWPPP) and
the need for additional control measures. All inspections shall be documented in written form on
weekly reports with copies submitted to the Department of Public Works at the time interval
specified in the permit. Permit holder inspection reports must include the following minimum
information:
Inspector's name and signature;
Date of inspection;
Observations relative to the effectiveness of the best management practices (BMP);
Actions taken or necessary to correct deficiencies; and
A list of areas where land disturbance operations have permanently or temporarily stopped.
The permit holder shall notify the site contractor(s) responsible for any deficiencies
identified so that deficiencies can be corrected within seven (7) calendar days of the
weekly inspection report.
Verification of permit holder's reports. The Department of Public Works may make extra
inspections as deemed necessary to ensure the validity of the reports filed under this
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Subsection or to otherwise ensure proper installation, operation and maintenance of
stormwater best management practices (BMP) and to determine the overall effectiveness
of the stormwater pollution prevention plan (SWPPP) and the need for additional control
measures.
Article IV. Implementation
Section 411.140. Effective Date of Code Provisions.
[Ord. No. 05-422 §1, 8-8-2005]
The provisions of this code shall become effective August 8, 2005.