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HomeMy Public PortalAboutVillage of RiverviewCHAPTER 415: LAND DISTURBANCE CODE ARTICLE I. ADMINISTRATION SECTION 415.010: TITLE These regulations shall be know as the Land Disturbance Code of the Village of Riverview, Missouri, hereinafter referred tows "this code". (Ord. No. 07-18 §1, 11-29-07) SECTION 415.020: DEFINITIONS A. General. 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. B. Definitions. As used in this Chapter, the following terms shall have these prescribed meanings: ARMY CORPS OF ENGINEERS: The Army Corps of Engineers, acting through its Director or his/her duly authorized designee. BEST MANAGEMENT PRACTICES (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. BMPs also include treatment and requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage, and both structural and non-structural measures to control, treat or prevent stormwater runoff pollution within waters of the State. "Structural measures" means engineered devices and "non-structural measures" include, but is not limited to, alternative site design, ordinance and zoning, education and good housekeeping measures. Types of BMPs include, but are not limited to: 1. State -approved standard specifications and permit programs. 2. Employee training in erosion control, material handling and storage, and housekeeping for maintenance areas. 3. Site preparation such as grading, surface roughening, topsoiling, treepreservations and protection, and temporary construction entrances. 4. Surface stabilization such as temporary seeding, permanent seeding, mulching, sodding, ground cover including vines and shrubs, riprap and geotextile fabric. Mulches may be hay, straw, fiber mats, netting, wood cellulose, corn or tobacco stalks,' bark, corn cobs, wood chips or other suitable material which is reasonably clean and free of noxious weeds and deleterious materials. Grasses used for temporary seeding shall be a quick growing species such as rye grass, Italian grass or cereal grasses suitable to the area and which will not compete with the grasses sown later for permanent cover. 5. Runoff control measures such as temporary diversion dikes or berms, permanent diversion dikes or berms, right-of-way or perimeter division devices, retention and detention bases, and 539 § 415.020 Riverview Village Code § 415.020 sediment traps and barriers, sediment basins, sediment (silt) fence and staked straw bale barriers. 6. Runoff conveyance measures such as grass -lined channels, riprap and paved channels, temporary slope drains, paved flumes or chutes and slope drains may be constructed of pipe, fiber mats, rubble, Portland cement concrete, plastic sheets or other materials that will adequately control erosion. 7. Inlet and outlet protection. 8. Stream bank protection such as a vegetative greenbelt between the land disturbance and the watercourse. Also, structural protection which stabilizes the 'stream channel. 9. A critical path method analysis or a schedule for performing erosion control measures. 10. Other proven methods for controlling runoff and sedimentation. BUILDING DEPARTMENT: The Village of Riverview Building Department, acting through its Director or his/her duly authorized designee. CLEARING: Any activity that removes the vegetative surface cover or destroys the root system. CODE, THIS CODE: The "Land Disturbance Code" of the Village of Riverview, Missouri. CONSTRUCTION SITE OR LAND DISTURBANCE SITE: A parcel or contiguous parcels where land disturbance activities are performed as part of a development. COUIVTY: St. Louis County, Missouri. DEBRIS OR SEDIMENT BASIN: A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, silt or other materials. DEPARTMENT OF HIGHWAYS AND TRAFFIC: The County Department of Highways and Traffic, acting through its Director or his/her duly authorized designee. DEPARTMENT OF PUBLIC WORKS: The Village of Riverview Department of Public Works, acting through its Director or his/her duly authorized designee. DIVERSION: A channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope. 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. EXCAVATION OR CUT: The removal, stripping or disturbance of soil, earth, sand, rock, gravel or other similar substances from the ground. 540 § 415.020 Land Disturbance Code § 415:020 EXISTING GRADE: The vertical location of the existing ground surface prior to excavations or filling. FEMA: Federal Emergency Management Agency. FILL OR FILLING: The placing of any soil, earth, sand, rock, gravel or other substance on the ground. FINISHED GRADE: The final grade or elevations of the ground surface conforming to the proposed design. GRADING: Reshaping the ground surface through excavation and/or fill material. LAND DISTURBANCE ACTIVITIES: Clearing, grading or any related work which results in the removal of the natural site vegetation or destruction of the root zone or otherwise results in leaving the ground surface exposed to soil erosion through the action of wind or water. LAND DISTURBANCE, MAJOR: Any land disturbance activity involving one (1) acre or more of land or a site involving less than one (1) acre that is part of a proposed development that will ultimately disturb one (1) acre or more. LAND DISTURBANCE, ORDINARY: Any land disturbance activity involving less than one (1) acre of land. LAND DISTURBANCE PERMIT: A permit issued by the authority having jurisdiction and authorizing a land disturbance activity at a specific site subject to conditions stated in the permit. A land disturbance permit may be for any one (1) or more major or ordinary land disturbance activities. MISSOURI DEPARTMENT OF NATURAL RESOURCES: The State Department of Natural Resources, acting through its Director or his/her duly authorized designee. NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES): Federal legislation that requires Cities to establish permit procedures to control sediment pollution. PERIMEI:6R CONTROL: A barrier that prevents sediment from leaving a site by filtering sediment -laden runoff or diverting it to a sediment trap or basin. PHASING: Clearing a parcel of land in distinct stages with the stabilization of each phase substantially completed before the clearing of the next. QUALIFIED PROFESSIONAL: A Missouri licensed professional engineer or other person or firm knowledgeable in the principles and practices of erosion and sediment control, including the Best Management Practices described in this code. RUNOFF COEFFICIENT: The fraction of total rainfall that exits at the outfalls from a site. SEDIMENT: Solid material, mineral or organic, that has been moved by erosion and deposited in a location other than the point of origin. 541 § 415.020 Riverview Village Code § 415.040 SEDIMENT CONTROL: Any Best Management Practices (BMP) that prevents eroded sediment from leaving a site. SILT TRAPS OR FILLERS: Staked bales or silt fencing systems that function as a filter and a velocity check to trap fine-grained sediment while allowing satisfactory passage for stormwater runoff. SITE: A lot or parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation. SITE DEVELOPMENT: Altering terrain and/or vegetation and constructing improvements. 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 WAIER POLLUTION PREVENTION PLAN (SWPPP): A management plan, the purpose of which is to ensure the design, implementation, management and maintenance of Best Management Practices 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 Village and County, and ensure compliance with the terms and conditions of the applicable State permits, including adherence to the land disturbance program contained in the Missouri MS4 NPDES permits. STREAM BANK, TOP OF EXISTING: The usual boundaries, not the flood boundaries, of a stream channel. The top of a natural incline bordering a stream. VILLAGE: The Village of Riverview, Missouri. 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. (Ord. No. 0748 §1, 11-29-07) SECTION 415.030: APPLICABILITY Other Laws. The provisions of this code shall be interpreted consistent with, and shall not be deemed to nullify, any related provisions of Village, County, State or Federal law. (Ord. No. 07-18 §1, 11-29-07) SECTION 415.040: ENFORCEMENT A. Building Department. The Building Department shall have the authority and responsibility to perform the following functions related to the enforcement of this code, including: 1. Receive applications for major land disturbance permits; 2. Coordinate the review of major land disturbance permit applications and accompanying 542 § 415,040 Land Disturbance Code § 415.050 documents with Village departments and the Metropolitan St, Louis Sewer District (MSD), Department of Natural Resources and Corps of Engineers, if necessary; 3. Issue major land disturbance permits in coordination with the departments of the Village, the Metropolitan St. Louis Sewer District (MSD), Department of Natural Resources and Corps of Engineers, if necessary; 4. Inspect major land disturbance activities; 5. Inspect land disturbance activities within or abutting areas designated 100 -year floodplain; 6. Receive applications, perform plan review, inspect and issue permits for ordinary land disturbance activities relating to Best Management Practices to be utilized to control erosion and sedimentation from leaving the site during construction and other land disturbance activities; 7. Plan review of major land disturbance activities; 8. 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; 9. Plan review of land disturbance activities within or abutting areas designated 100 -year floodplain; and 10. Administer the determination, collection and release of site development escrows required by this code. B. The Building Department shall promptly issue a land disturbance permit upon determination that all applicable provisions of this code have been met. No major land disturbance permit or ordinary land disturbance permit shall be issued if the Building Department finds that the proposed land disturbance activity would result in a material change in the amount or pattern of surface water runoff to the substantial injury of neighboring public or private property or right-of-way. C. All land disturbance activities shall be carried out in such a manner as to minimize inconvenience and harm to adjacent properties and property owners. D. Departments having enforcement authority and responsibilities described in this code shall have the authority, as necessary in the interest of public health, safety and general welfare, to adopt and promulgate interpretations to 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 interpretations 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. E. The Village shall not be liable to any person or entity for any action taken pursuant to the authority of this code or for failure to take action authorized by this code, (Ord. No. 07-18 §1, 11-29-07) SECTION 415.050: VIOLATIONS A. Unlawful Acts. It shall be unlawful for any person, firm or corporation to perform any land disturbance activities or cause or allow same to be done in conflict with or in violation of any of the provisions of this code. 543 § 415.050 Riverview Village Code § 415.050 B. Whenever the enforcement personnel find evidence of a violation of any provision of this Article, written notice thereof shall be given to the responsible party (owner and/or occupant as the case may be). Such notice shall be in writing and shall include: 1. A statement of the provisions being violated, together with a designation of the remedial action to be taken; 2. The period of time within which such remedial action shall be completed, which time shall be a reasonable period of time under all of the circumstances; 3. A notice of the penalty for failure to timely remove or abate the violation, including that a summons will be issued for a hearing before the Municipal Court; 4. A statement that if the violation reoccurs within a period of twelve (12) months after the aforesaid date by which the violation shall be removed or abated, a summons may be issued without further notice. Such notice shall be served by the enforcement personnel by delivering a copy to the responsible party or by sending a copy of the notice by registered or certified mail with return receipt requested to the last known address, or if the address of the responsible party is unknown, by posting a copy of such notice in a conspicuous place in or about the property affected by the notice. The notice shall be deemed served on the date delivered or received or ten (10) days after posting. C. The responsible party shall remedy the conditions specified in such notice within the time designated therein, provided that the enforcement personnel may, for good cause, extend the time for compliance with any such notice. D. Once notice has been given to a person regarding a violation, if the same violation recurs in or on the same lot or tract of land, or land adjacent thereto, within twelve (12) months after the date stated in the notice as the deadline to remove or abate the violation, no further notice shall be required and the same person may be summoned into Municipal Court regarding the recurring violation. E. If a warning notice is given as provided in Subsection (D) and, if after the time for removal or abatement has lapsed, the property is reinspected and the inspector finds and determined that the violation has not been removed or abated, the inspector shall fill out and sign as the complainant a complaint and information form, hereinafter referred to as a summons, directed by name to the occupant, owner or person in charge of the property showing the address or legal description of the property on which the violation is located and such other information as may be available to the inspector and setting forth, in general, the nature of the violation and may serve the summons on the occupant, owner or person in charge or any or all such persons. If a notice is not required under Subsection (F), the inspector who finds and determines that a violation has recurred may fill out and sign as the complainant a summons as provided above and may serve the summons on any person who is not entitled to notice under Subsection (F). The summons shall contain a date on which the case will be on the Municipal Court docket for a hearing, The Village's prosecuting attorney or associate prosecuting attorney shall sign the original copy of all such summons and the original thereof shall be forwarded to the Municipal Court Clerk for inclusion on the court's docket for the date shown on the summons. If the violation is corrected prior to court date, the inspector may request the prosecuting attorney to dismiss the matter. If the matter is dismissed, notice of dismissal shall be promptly provided to the summoned party. F. If no one is found at the property to accept a summons for failure to remove or abate a violation, the inspector shall fill out and sign the summons as the complainant as provided in Subsection (8) 544 § 415.050 Land Disturbance Code § 415.050 and deliver the original and one (1) copy of the summons to the Municipal Court Clerk. The Clerk shall then mail the copy of the summons by ordinary mail, postage prepaid, to the person named therein at the address shown on the summons, or at such other address as the person charged therewith may be found, or shall be known to reside. If the mail is duly addressed to the person named in the summons at the address as provided above and is not returned to the Village, it shall be deemed to have been delivered and received by the person to whom addressed. G. 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 Building Department 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, firrn or corporation has beendirected 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 a misdemeanor. H. No Permit, Penalty. In addition to the penalties set out above, the following procedure shall be followed where the Building Commissioner determines that work has been started prior to the acquisition of a permit required by this code: 1. The Building Commissioner shall issue a stop work order. 2. The Board of Trustees' designee 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 the work occurs without a permit, In making this assessment, the department shall consider whether the violator has previously violated this code and whether the occupation or experience of the violator indicates that he/she knew or should have known that a permit was required. In no case will a no permit penalty be assessed against a property owner unless he/she actually performed the work involved. 3. The violator shall eitheraccept the penalty assessment and pay the assessed penalty amount (certified check or cash only) to the Village department or pursue a timely appeal. 4. In the even of an appeal, the department may revise its assessment upon notice to both the Village Clerk 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. 1. 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. J. 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 such persons or materially be detrimental or injurious to property or improvements, the Building Department may suspend or revoke such permit. K. Stop Work Order. Upon notice from the Building Department that work on any property is being carried on contrary to the provisions of this code or in an unsafe and dangerous manner, such work 545 § 415.050 Riverview Village Code § 415.070 shall be immediately stopped. The stop work order shall be in writing and 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. L. Unlawful Continuance. Whenever the Building Department finds that any land disturbance activity is being carried on 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 this Title. (Ord. No. 07-18 §1, 11-29-07) SECTION 415.060: APPEALS A. Application For Appeal. Any person shall have the right to appeal a decision of the Building Department to the Board of Adjustment. An application for appeal shall be based on a claim that the intent of this code or the rules or regulations adopted there have been incorrectly interpreted or the provisions of this code do not apply. B. Resolution. The decision of the Board of Adjustment shall be in writing. Copies shall be furnished to the appellant and to the Building Department. C. Administration. The applicable department shall take immediate action in accordance with the decision of the Board of Adjustment. D. Court Review. A party adversely affected by a decision of the Board of Adjustment 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. E. Payment. Upon conclusion of any and all timely review proceedings, the final assessed penalty shall be immediately paid. (Ord. No. 07-18 §1, 11-29-07) SECTION 415.070: LAND DISTURBANCE PERMITS REQUIRED A. Permit Required. Any person who intends to conduct any land disturbance activity must obtain a permit prior to beginning the activity. The type of permit shall be as required by Section 415.070(B) or Section 415.070(C) of this code. B. 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 Building Department. C. Ordinary Land Disturbance Permit. No person shall perform any ordinary land disturbance activity prior to the receipt of an ordinary land disturbance permit. Applications for ordinary land disturbance permits shall be filed with the Building Department. 546 § 415.070 Land Disturbance Code § 415,080 D. Building Permit And Related Ordinary Land Disturbance Activities, The Building Department may include ordinary land disturbance activities associated with the construction of a building, structure or parking lot authorized by a permit issued under the building code as an integrated permit for the proposed construction. E. Limitation On Transfer Of Land Disturbance Permits. Any person who buys land from a person who has been issued a land disturbance permit under Section 415.070(B) or Section 415.070(C) of this code must obtain a separate land disturbance permit from the Village, except that major land disturbance permits and ordinary land disturbance permits may be transferred to a new landowner provided the original permit holder obtains the approval of the Building Department and retains responsibility for the land disturbance activities on such property. (Ord. No. 07-18 §1, 11-29-07) SECTION 415.080: EXCEPTIONS —LAND DISTURBANCE PERMITS NOT REQUIRED WHEN A. Land disturbance permits are not required for the following activities; 1. Any emergency activity that is immediately necessary for the protection of life, property or natural resources. 2. 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. B. Land disturbance permits are not required for the following activities, 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; or by any cut or fill that would permanently divert one drainage area to another drainage area; or 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. 1. Grading of land that does not remove or destroy more than five thousand (5,000) square feet of tree canopy coverage in one (1) year or less for bona fide farming, nurseries, landscaping or gardening or similar agricultural or horticultural use whenever there is substantial compliance with recommendations or standards of the local conservation authority, provided however, that this exception shall not include or exempt from the permit requirement any ,grading. in anticipation of or in preparation for construction of buildings or any construction or development that would require rezoning or subdivision of the land. 2. Land disturbance for residential purposes on any lot of three (3) acres or less 'containing a single-family residence for which an occupancy permit has been issued; provided appropriate measures are taken to prevent increased site erosion, water runoff, siltation or other damage to neighboring property. Where it is determined that such erosion measures are not being taken, the Building Department may revoke application of this exemption to the subject site. 3. Land disturbance activities involving less than fifteen (15) cubic yards of earth/soil moved and less than two thousand (2,000) square feet of disturbed area provided the land disturbance 547 § 415.080 Riverview Village Code § 415.090 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 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 ten thousand (10,000) square feet and resodding or reseeding with new landscaping to include preparation of the seed bed; provided erosion and sediment control measures are provided until the grass or other vegetation is established. Any cut or fill in conjunction with the preparation of the seed bed shall not exceed thirty (30) cubic yards. 6. Gardening and similar activities on property occupied by one- or two-family dwellings. C. State Of Missouri Permits Required. The applicant must obtain a land disturbance permit from 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 Village 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. A copy of the State application and permit must be included in the application of the Village. (Ord. No. 07-18 §1, 11-29-07) SECTION 415.090: LAND DISTURBANCE PERMIT APPLICATIONS A. Permit Applications. Applications for land disturbance permits required by this code shall be in the form prescribed by and accompanied by the site plans and documents determined necessary by the Building Department. Applications for land disturbance permits shall include proof that proposed land disturbance and uses have received any applicable zoning approval from the Village. B. Photagraphs/Videotaping. It shall be the duty of the Building Department, immediately prior to the time of designating the route or routes or alternate route or routes as provided above, to examine the condition of the streets to be used and to photograph or videotape the streets, showing the condition of the pavement, curbs, sidewalks and other physical features, which shall be dated and a memorandum made of the location shown by such photographing. Within five (5) days after the termination for the use of the streets as herein provided, it shall be the duty of the Building Commissioner to have additional photographs or videotapes made and proper descriptive matter included therewith. C. Inspection. In addition to the taking of photographs before and after construction, the Building Department shall cause a thorough inspection to be made of the condition of the pavement of the streets designated and used for the permit, as well as the curbs and sidewalks, and shall make written reports of this findings, including with his/her report after the termination or completion of the work, his/her estimate of the cost of restoring the streets to their original condition as well as any curbs, sidewalks or other public property. D. Damage To Streets, Etc. At the time the Building Department designates the route or routes to be used as provided above, he/she shall notify the contractor that the Village will hold the contractor liable for unusual wear and tear or damage to the streets, curbs, sidewalks or other public facilities, and that acceptance of the route or routes by the contractor shall constitute an agreement on his/her 548 § 415.090 Land Disturbance Code § 415.090 part to pay the reasonable cost of restoring the streets, curbs and sidewalks in question to their original condition if the surety amount determined to cover such damage is insufficient. Within thirty (30) days after the termination or completion of the contractor's usage of said route or routes under the grading .permit, the contractor shall pay to the Village an amount sufficient to reimburse the Village for the expense of restoring the streets, sidewalks and curbs to their original condition. E. Barriers At Construction Site. After new excavation or construction is commenced on any lot or tract of land in the Village, and until sodding, planting, concreting, paving or other final surfacing is in place which will avoid washing or spreading of dirt and mud onto other property, sidewalks, curbs, gutters, streets and the space between sidewalks and curbs, the owner of the property, or the contractor or builder in charge of work, shall erect and maintain temporary walls or other approved barriers to prevent such washing or spreading of mud or dirt. At the end of each day, as required and necessary throughout the day, during the course of excavating or construction, dirt and mud on the sidewalks, curbs, gutters, streets and the space between sidewalks and curbs resulting from work must be removed. F. Storm Water Pollution Prevention Plan (SWPPP) Required 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 which shall be dated and bear the qualified professional's original seal and signature. The application shall contain a statement that any land clearing, construction or development involving the movement of the earth shall be in accordance with the Storm Water Pollution Prevention Plan, and the applicant will assume and acknowledge responsibility for the compliance with this code and the Storm Water Prevention Plan at the site of the permitted activity. G. Required Site Development Escrows For Land Disturbance Permits. Applicants for land disturbance permits shall, upon approval of their application but prior to the issuance of the permit, file a site development escrow in the form of a letter of credit or other improvement security in an amount deemed sufficient by the Building Department to cover all costs of required erosion and sediment controls, watercourse protections, site access controls and material and waste controls. 1. 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: a. All temporary control Best Management Practices (BMPs) have been removed and the site has been fully stabilized. b. All permanent control Best Management Practices (BMPs) have been completed. c. All final land disturbance inspections/certifications have been competed by each of the government jurisdictions involved in authorizing the project. H. Issuance Of Permits. Land disturbance permits shall not be issued until the fees associated with the permit are paid to the Village. 1. Building Department. Fees for the activities of the Building Department related to land disturbance permits shall be in accordance with the fee rates established in Section 405.920(G). In applying the fee schedule, the total estimated cost of land disturbance activities shall include 549 Supp. #2, 7/10 § 415.090 Riverview Village Code § 415,100 applicable grubbing, site clearing, rough grading, sediment and erosion control measures, excavating, backfill, final grading, concrete flatwork, asphalt pavement and final landscaping. The Building Department may require a bona fide contract or an 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. (Ord, No. 07-18 §1, 11-29-07) SECTION 415.100: STORM WATER POLLUTION PREVENTION PLAN (SWPPP) A. Content —Storm Water Pollution Prevention Plan (SWPPP). Compliance with the design requirements of this code is required when developing the Storm Water Pollution Prevention Plan (SWPPP) 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 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 temporary and permanent Best Management Practices (BMPs) and such other pertinent information as may be required by the Building Department. 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, streets and roads and information on necessary clearing and grubbing, removal of existing structures, excavating, filling materials brought to site, spreading and compacting. Existing and proposed contours shall be shown at two (2) foot intervals. 5, A natural resources map identifying soils, forest cover and resources protected under other provisions of Village ordinances. 6. An estimate of the runoff coefficient of the site prior to the 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 (BMPs) to be utilized to control erosion and sedimentation during the period of land disturbance. 11. Description of Best Management Practices (BMPs) 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. 550 Stipp. #2, 7/10 § 415.100 Land Disturbance Code § 415.100 12. Description of Best Management Practices (BMPs) that will be installed during land disturbance to control pollutants in stormwater discharges that will occur after land disturbance activity has been completed, 13, Location of temporary off-street parking and wash -down area for related vehicles. 14, Sources of off -site borrow material or spoil sites and all information relative to haul routes, trucks and equipment. 15. The anticipated sequence of construction and land disturbance activities, including installation of Best Management Practices (BMPs), removal of temporary Best Management Practices (BMPs), 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 session. 17. Seeding mixtures and rates, types of sod,. method of seed bed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures. 18, Provisions for maintenance of control facilities including easements and estimates of the cost of maintenance. 19. Plans for responding to any loss of contained sediment to include the immediate actions the permit holder will take in case of a containment failure, This, plan must include documentation of actions and mandatory reporting to the Building Department. 20. Schedules and procedures for routine inspections of any structures provided to prevent pollution of stormwater or to remove pollutants from stormwater and of the site in general to ensure all Best Management Practices (BMPs) are continually implemented and are effective. B. Required Plan Amendments —Storm Water Pollution Prevention Plan (SWPPP). The permit holder shall amend the Storm Water Pollution Prevention Plan (SWPPP) whenever: 1. Design, operation or maintenance of Best Management Practices (BMPs) is changed; 2. Design of the construction project is changed in a way that could significantly affect the quality. of the stormwater discharges; 3. Site operator's inspections indicate deficiencies in the Storm Water Pollution Prevention Plan (SWPPP) or any Best Management Practices (BMPs); 4. Inspections by the Village or by the Missouri Department of Natural Resources indicate deficiencies in the Storm Water Pollution Prevention Plan (SWPPP) or any Best Management Practices (BMPs); 551 § 415.100 Riverview Village Code § 415.110 5.. The Storm Water Pollution Prevention Plan (SWPPP) is determined to be ineffective in significantly minimizing or controlling erosion or excessive sediment deposits in streams or lakes; 6. The Storm Water Pollution Prevention Plan (SWPPP) is determined to be ineffective in preventing pollution of waterways from construction wastes, chemicals, fueling facilities, concrete truck washouts, toxic or hazardous materials, site litter, or other substances or wastes likely to have an adverse impact on water quality; 7. Total settleable solids from a stormwater outfall exceed one-half (0.5) ml/Llhr if the discharge is within the prescribed proximity of a "Valuable Resource Water" as defined by the Missouri Department of Natural Resources; 8. Total settleable solids from a stormwater outfall exceed two and one-half (2.5) ml/Lihr for any other outfall; or 9. The Village or the Missouri Department of Natural Resources determines violations of water quality standards may occur or have occurred. C. Permit holder responsibilities for administration of Storm Water Pollution Prevention Plan (SWPPP). The permit holder shall: 1. Notify all contractors and other entities (including utility crews, Village or 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 (BMPs); 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; 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 (BMPs); 4. Maintain a current copy of the Storm Water Pollution Prevention Plan (SWPPP) on the site at all times. (Ord. No. 07-18 §1, 11-29-07) SECTION 415.110: DESIGN REQUIREMENTS A. General Design. The design of erosion and sediment 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, 552 § 415.110 Land Disturbance Code § 415.110 3. Cut and fill slopes shall be no greater than 3:1 except as approved by the Building Department to meet other community or environmental objectives. All exactions, grading or filling shall have a finished grade not to exceed a 3:1 slope (thirty-three percent (33 %)). Steeper grades may be approved by the Building Department if the excavation is through rock or if the excavation or the fill is adequately protected (a designed head wall or toe wall may be required). Turf Reinforcement Mattresses (TRMs), rock slopes and other Best Management Practices (BMPs) could be utilized for slopes in excess of 3:1, but should be approved by a qualified geotechnical engineer hired by the developer and approved by the Village prior to and/or during installation and they should be listed for concurrence prior to installation. Retaining walls that exceed a height of forty-two (42) inches shall require the construction of safety guards as identified in the appropriate Section(s) of the adopted building codes and must be approved by the Village Building Department. Permanent safety guards shall be constructed in accordance with the appropriate Section(s) of the adopted building codes. Also, the following water quality guide can be used as a reference: "Protecting Water Quality —A Field Guide to Erosion, Sediment and Storm Water Best Management Practices for Development Sites in Missouri" published by the Missouri Department of Natural Resources. 4, Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other Village 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 twenty (20) acres of land. The size of each phase will be established by the Building Department at the time of plan review for the issuance of a major land disturbance permit. Phasing should identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas and the sequence of clearing, installation of temporary sediment control measures, installation of storm drainage, paving streets and parking areas, and establishment of temporary and permanent vegetative cover. The Building Department may waive specific requirements for the content of submissions upon finding that the information submitted is sufficient to show that the work will comply with the objectives and principles of these regulations. B. Erosion Control Design. Erosion control design requirements should include the following: 1. Soil stabilization shall be completed within five (5) days of clearing or inactivity in construction. 2. If seeding or another vegetative erosion control method is used, it shall become established within two (2) weeks or the site shall be reseeded or a non -vegetative option employed. Where natural vegetation is removed during grading, vegetation shall be re-established in such a density, seventy-five percent (75%) vegetative cover of area disturbed, as to prevent erosion. Permanent type grasses shall be established as soon as possible or during the next seeding period after grading has been completed. When grading operations are completed or suspended for more than thirty (30) days, permanent grass must be established at sufficient density, fifty percent (50 %) to seventy-five percent (75 %) vegetative cover, to provide erosion control on the 553 Supp. #2, 7/10 § 415.110 Riverview Village Code § 415.110 site. Between permanent grass seedling periods, temporary cover shall be provided according to the Building Commissioner's recommendations. All finished grades (areas not to be disturbed by future improvements) in excess of twenty percent (20%) slopes, 5:1, shall be mulched and tacked as directed by the Building Department. 3. Techniques shall be employed to ensure stabilization on steep slopes and in drainage ways. Provisions shall be made to accommodate the increased runoff caused by changed soil and surface conditions during and after grading. Unvegetated open channels shall be designed so that gradients resulting in velocities of two (2) feet per second (fps) and less than five (5) feet per second (fps) shall be established in permanent vegetation by the use of commercial erosion control blankets or lined with rock riprap, concrete or other suitable materials as approved by the Building Department. Detention basins, diversions or other appropriate structures as required by the Building Commissioner shall be constructed to prevent velocities above five (5) feet per second (fps), 4. Soil stockpiles must be stabilized or covered at the end of each work day 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. The adjoining ground to development sites (lots) shall be provided with protection from accelerated and increased surface water, silt from erosion and any other consequences of erosion. Runoff water from developed areas (parking lots, paved sites and buildings) above the area to be developed shall be directed to diversions, detention basins, concrete gutters and/or underground outlet systems. Sufficiently anchored straw bales may be temporarily substituted with the approval of the Building Department. All lots shall be seeded and mulched at the rates defined in Section 405.920(G) or sodded before an occupancy permit shall be issued, except that a temporary occupancy permit may be issued by the Building Department in cases of undue hardship because of unfavorable ground conditions. 8. The Building Comurussioner shall, at least two (2) days before the commencement of any work and usage of the streets and rights -of -way of the Village, notify the contractor of the route or routes to be used by such trucks and equipment. It shall be the duty of the Building Commissioner to perform pre- and post -construction inspections, via photograph and videotape, to determine the necessary restoration required to be performed by the contractor. If after thirty (30) days from notification by the Building Commissioner the contractor does not perform the necessary repairs, he/she will be considered in violation of this Chapter and subject to the penalties detailed in Section 100.090 of the Village of Riverview Municipal Code. C. Sediment Control Design. Sediment control requirements shall include: 1. Settling basins, sediment traps or tanks and perimeter controls. 2. Settling basins shall be provided for each drainage area within ten (10) or more acres disturbed at one time and shall be sized to contain one-half (0.5) inches 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 554 Stipp. l#2, 7/10 § 415,110 Land Disturbance Code § 415,110 impractical, other similarly Best Effective Management Practices (BMPs), 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 department(s) having enforcement authority and responsibilities described in this code. 4. 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. 5. All stormwater conveyances shall be designed according to the latest criteria of the St, Louis Metropolitan Sewer District (MSD) and the necessary MSD permits obtained. 6. Stabilization adequate to prevent erosion shall be provided at the outlets of all pipes and paved channels, D. 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 Public Works may require other measures to ensure that the construction vehicles do not track sediment onto public streets or be washed with wash waste matter channeled directly into storm drains, E. 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 the following provisions: 1. Spill prevention and control facilities for materials such as paint, solvents, petroleum products, chemicals, toxic or hazardous 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 415.110(E)(1) above. 3. Litter control, 4. Control of concrete truck washouts. 555 § 415.110 Riverview Village Code § 415.120 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, (Ord, No. 07-18 §1, 11-29-07) SECTION 415.120: INSPECTIONS A. Building Department, General. The Building Department 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 this code and applicable permits and plans. Plans for land disturbance, stripping, excavating and filling work bearing the stamp of approval of the Village department issuing the permit shall be maintained at the site during the progress of the work. To obtain inspections, the permit holder shall notify the Building Department at least two (2) 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; and 7. Completion of final landscaping. B. Extra Inspections. In addition to the inspections otherwise required, the Board of Trustees' designee is authorized to perform and charge fees for extra inspections or reinspections which in its judgment are reasonably necessary due to non-compliance with the requirements of this code or work not being ready or accessible for inspection when requested. • - 1. All erosion and sediment control facilities shall be inspected following each rainstorm causing significant runoff or being of sufficient intensity or duration as to stop construction or grading progress. As a result of such inspections, or any time the following are found, the devices shall be cleaned of sediment, repaired if damaged and restored to serviceable conditions. a. Excess sediment has accumulated in silt control devices; b. Sediment or erosion control devices have been damaged; c. Obvious gullies or sediment deposits have formed on the downstream side of control devices; or d. Sediment has carried beyond the working site. 556 § 415.120 Land Disturbance Code § 415.120 C. Permit Holder Inspection And Report Responsibilities Major Land Disturbances. The holder of a major land disturbance permit or his/her agent shall cause regular inspections of land disturbance sites by a qualified special inspector. Inspections shall include all erosion and sediment and other pollutant control measures, outfalls and off -site 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 twenty-four (24) hours after heavy rain. The purpose of such inspections will be to ensure proper installation, operation and maintenance of Best Management Practices (BMPs) 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 Building Department at the time interval specified in the permit. Permit holder inspection reports must include the following minimum information: 1. 2. 3. 4. 5. Inspector's name and signature; Date of inspection; Observations relative to the effectiveness of the. Best Management Practices (.BMPs); Actions taken or necessary to correct deficiencies; and A listing of areas where land disturbance operations have permanently or temporarily stopped. D. 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. E. Verification Of Permit Holder's Reports. The Building Department may make extra inspections as deemed necessary to ensure the validity of the reports filed under Section 415.120(C) of this code or to otherwise ensure proper installation, operation and maintenance of stormwater Best Management Practices (BMPs) and to determine the overall effectiveness of the Storm Water Pollution Prevention Plan (SWPPP) and the need for additional control measures. (Ord. No. 07-18 §1, 11-29-07) 557