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HomeMy Public PortalAboutVillage of Hanley Hills OPERATION AND MAINTENANCE PROGRAM FOR THE PREVENTION AND REDUCTION OF POLLUTION IN RNWATER RUNOFF FROM MUNICIPAL OPERATIONS WITHIN THE CITY OF VILLAGE OF HANLEY HILLS ST LOUIS coutirt. MISSOURI 2019 . ' l — 1 r , „ ,,, , ,, 4imilipo —K)t— e . / • . c<734011'r . ‘ - TO THE STO'M„DRAIN Page 2 of 53 Rev.December2019 TABLE OF CONTENTS Chapter 1 — Program Administration 4 Chapter 2 - General Housekeeping, Operation and Maintenance........... 7 Chapter 3 - Vehicle/Equipment Repair and Maintenance Operations 13 Chapter 4 - Vehicle/Equipment Washing.................... 17 Chapter 5 - Facility Repair, Remodeling and Construction 19 Chapter 6 - Cleaning and Maintenance of Roadways, Highways, Bridges and Parking Facilities............... 22 Chapter 7 — Maintenance of Parks, Green Spaces, Trails and Landscaping....... 26 Chapter 8 — Cleaning and Maintenance of Drainage Channels, Storm Sewers and Inlet Structures 29 Chapter 9 — Operation and Maintenance of Recycling and Composting Facilities.... 32 Chapter 10 —Water Quality Impact Assessment of Flood Management Projects......34 Appendix 2-F1: Recycling Policy.................... ... 36 Appendix 2-F2: Green Procurement...°............ ... 38 Appendix 2-F3: St. Louis County Waste Management Code............°..............°° Appendix 5-F1: Corps of Engineers 404 Permit & MDNR 401 Certification............°°°°.°°°°` 42 Glossary: °°°°°°°°° 48 Definitions of Terms Used In This Document........................................ 50 For More Information............... °°°°°°°°°°°°°°°°` HANLEY HILLS ORDINANCES, BOARD DESCRIPTIONS, MAP, CREEK CLEAN UP.... 54 Page 3 of 54 Rev.December 2019 Chapter 1 - Program Administration A. Introduction: The Missouri Department of Natural Resources (MDNR) issued Phase II Stormwater Permit MO-R040005 to the Village of Hanley Hills and other co-permittees in St. Louis County, effective December 14, 2016.The area served by the co-permittees is collectively known as the St. Louis Metropolitan Small MS4. One of the minimum control measures in the permit that must be addressed by the co-permittees includes pollution prevention and good housekeeping for municipal operations. Specifically, MCM 6 section of the permit requires each co-permittee to "develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations." A Stormwater Management Plan (SWMP) for the St. Louis Metropolitan Small MS4 Stormwater is implemented under the Phase II permit. As a co-permittee under the state permit the Village of Hanley Hills is bound by the commitments contained in the SWMP. The SWMP requires a model operation and maintenance program template and that each co- permittee implement a written operation and maintenance program. This document represents the Village of Hanley Hills implementation of the model operation and maintenance program as applicable and tailored to specifically meet the Village of Hanley Hills' needs and goals. This program impacts all facets of municipal operations. It is Hanley Hills' intent to adhere to the policies and procedures stated herein in order to prevent pollution, to safeguard the environment for the health and benefit of all Hanley Hills' employees, residents and visitors and to serve as a model for the entire regulated area. Where the municipal operations described in this manual are contracted, rather than performed by municipal employees, the best management practices (BMPs) will be imposed to the maximum extent practicable on the contractor through purchasing or contract mechanisms by including BMPs in the scope of work or job/service specifications. Contractors will be required to obtain all applicable local/state/federal environmental permits. B. Policies: The Village of Hanley Hills has adopted Chapter 410 Flood Hazard Prevention. Within this chapter of its ordinances Hanley Hills covers the proper use of water areas, methods used to analyze flood hazards, stream management and buffering procedures. (See hed). Further Hanley Hills has recently had part of its Creek cut and maintained ridding itof honeysuckle. (See attached). Additionally, each year Hanley Hills participates in the Trash Bash of MSD cleaning up the Creeks and on a regular basis make the residents aware of BMPs regarding the sewers and streams (creek) of Hanley Hills. This is done through Project Clear Flyers and as mentioned earlier utilizing volunteers to clean up the creek, minimally on an annual basis. Page 4 of 53 Rev.December 2019 C. Organization of Manual: The SWMP contains nine major categories of municipal operations/activities. Based on its size and the nature of its municipal services each co-permittee may have activities in only some or in all nine categories. For consistency within the Plan area, each of the nine categories is addressed in the following Chapters 2 through 10. A statement of non- applicability is contained in those chapters where the Village of Hanley Hills is not engaged in the subject activity. D. Administration: The responsible party for administration of the operation and maintenance (O&M) program is the Director of Public Works. This person is responsible for ensuring the program is kept up to date, and that employees are trained on the procedures implementing the program. The Village of Hanley Hills will train all staff associated with activities that can impact pollution in stormwater runoff. Each chapter will identify employees who should be subject to training on that particular chapter. Employees will receive general stormwater pollution prevention training provided by the Missouri Department of Natural Resources, Environmental Assistance Office or others. Upon implementation of specific procedures, management will review the new procedures that incorporate stormwater BMPs, proper waste management and applicable NPDES permit requirements with all employees affected. New employees will be trained on applicable procedures within the first three months of employment. Contractors working for the municipality and implementing BMPs for municipal work, as described in Section A, must train their employees on applicable BMPs before work begins. To maintain proficiency, a schedule of periodic retraining will be implemented, or provisions made for an employee awareness campaign to ensure employees remain aware of the BMPs and proper waste management. Records documenting the training of employees and contractors must be maintained in file. Page 5 of 53 Rev.December 2019 E. Industrial Facilities No Exposure List This section does not apply to the Village of Hanley Hills. However, Hanley Hills has a maintenance garage located at 7559 Allen Green Drive which houses its equipment and truck. All of the equipment is maintained indoors, covered and protected from the elements. Page 6 of 53 Rev.December2019 Chapter 2 - General Housekeeping, Operation and Maintenance A. Description of Activities: Municipal operations include a variety of activities conducted to maintain City owned property and facilities. This chapter will cover those activities that are not specifically covered in the other chapters of this document. This chapter covers custodial and building maintenance activities, materials management and storage, safe material substitutions, spill plans, establishment of general O&M procedures, scheduling, record keeping and housekeeping practices in general. This chapter also covers general municipal housekeeping issues, which include illegal dumping, littering, pet wastes, trash storage, and recycling. B. Locations: 1. City Hall — 7713 Utica Drive. City Hall houses the the Administration Department that consists of the City Clerk, the Finance Clerk and the City Administrative Assist. Hanley Hills contracts is police services through the St. Louis County Police Department. The officer and Court Clerk are housed also at City Hall. A paved parking lot is provided for visitors/employees. Materials and supplies utilized in performing all building maintenance, including custodial work, are stored within City Hall. A total of four employees report to this facility. 2. Public Works Facility— 7559 Allen Green Drive. This facility houses the Maintenance Department. The facility contains a main building, a covered equipment storage building, and three covered commercial dumpsters. Hanley Hills has only one commercial truck and various other commercial equipment. (See attached) The Public Works Facility typically operates from 7 a.m. to 3:30 p.m. The hours vary during emergency operations such as snow removal. A total of one employee and one seasonal part-time employee report to this facility. Page 7 of 53 Rev.December 2019 Maximum Waste Storage Storage Location Method Of Contractor Frequency Capacity Disposal Custodial Waste (mop buckets, auto N/A N/A Dump in Drain to N/A As Needed scrubber, water Sanitary Sewer based cleaners) 2. Public Works Facility: Standard office waste is generated, along with waste from custodial operations. Maximum Waste Storage Storage Location Method Of Contractor Frequency Capacity Disposal Standard Office Deumpsters Parking Lot Picked up by Waste Waste Hauler Management Once A week WasRecyclable Front of Resident's materials Houses (They have (aluminum cans, Dumpsters the following Picked up by Waste plastic bottles, containers: waste, Waste Hauler Management Once A week. paper, carboard) yard waste and recyclable) Custodial Waste (mop buckets, auto N/A N/A Dump in Drain to Waste scrubber) Sanitary Sewer. Management As Needed 4. Hanley Hills Parks: Waste is not generated from Hanley Hills Parks by the Office or other areas. As mentioned in other parts of this manual, Hanley Hills has a Creek that is maintained and kept sanitary by the Maintenance Department and Hanley Hills in 20_ had part of their Creek cleaned of honeysuckle. Additionally, annually Hanley Hills participates in Trash Bashes sponsored by MSD to clean its Creeks. F. Best Management Practices (BMP): • Ensure grease traps and oil/water separators in kitchens and food service areas are maintained. Avoid sanitary sewer grease-blockage by regularly pumping out traps and separators. •' Maintain site plumbing plans showing sanitary and storm sewer connections. Ensure wastewater is discharged only to the sanitary sewer, and stormwater to the storm sewer. Label storm drain inlets to ensure they are used only for stormwater drainage. F Minimize the use of pesticides through an Integrated Pest Management (IPM) Program. An IPM Program uses monitoring of pest populations compared to an action threshold, and then choosing the proper tactics, using nonchemical pest control practices, such as mechanical and biological controls, when possible, or less toxic products when needed. IPM does not rely on routine applications of pesticide based on a calendar date. Hanley Hills does not have a swimming pool. Page 9 of 53 Rev.December 2019 • Petroleum products, fuels, chemicals, hazardous and toxic materials, and all wastes should be properly labeled to ensure appropriate handling and disposal. • Petroleum products, fuels, chemicals, hazardous and toxic materials, and all wastes should be stored and handled with appropriate safeguards to prevent contamination of stormwater from drips and spillage from the transfer of materials (for example, cover storage containers, use collection trays for drips, maintain spill kits and floor drain plugs to contain spills, etc.). Liquid containers should be stored under roof; or if outdoors, containers should be kept clean and sealed water- tight. • Prevent spills of hazardous materials by selecting storage areas that avoid traffic to minimize accidental contact, and select areas that are away from storm drain inlets and streams to minimize the impact of a spill. Storage areas should be kept clean and organized. • Contain and clean up all spills immediately. 4' Ensure employees are familiar with spill response procedures and the location of spill kits to enable them to stop the spills at the source and contain the spilled material. With training on hazards from a material safety data sheet, minor spills can be addressed by employees, however, significant spills will require evacuation and contacting emergency responders. •: Keep material safety data sheets (MSDS) for chemicals onsite for information on reportable spill quantities, proper handling, and health and safety issues. •, Maintain and post a list of emergency contact numbers for spill reporting and spill clean-up contractor response, including: Missouri Department of Natural Resources (MDNR) — 573-634-2436, National Response Center— 800-424-8802, and for releases to the sewer, MSD — 314-768-6260. Reportable quantities (RQ) for chemicals are listed on the MSDS, and petroleum RQs include: any amount released to a storm sewer or waterway causing a sheen, 25 gallons from an underground tank, and 50 gallons from all other sources. • Prepare for appropriately handling the clean-up of the spilled material and disposal of waste. Do not hose down spills to the storm sewer system. Clean up spills with dry methods, using absorbent to pickup fluids. •: Spill response plans are recommended for all areas of municipal operations. Spill Prevention Control and Countermeasure (SPCC) plans are required to meet regulatory criteria in 40 CFR 112 for sites with a storage capacity over 660 gallons oil in one container or 1,320 gallons on site. • Establish at all municipal facilities materials management and inventory controls to include the proper identification of hazardous `r l and non-hazardous substances, and proper labeling of all containers. , ' '1 Regular inspections and inventory of material - {r t storage and use areas should be performed %_ to ensure BMPs are being used. ., . da fy Page 11 of 53 Rev.December 2019 � �' COMMUNITY • Develop/enforce ordinances for waste containers which regulate size, type, covers and water-tightness for residential, commercial and industrial areas. (See Appendix 2-F3 for language from the St. Louis County Waste Management Code.) • Develop/enforce ordinances against illegal dumping, littering and improper yard waste disposal, providing for corrective action, enforcement and penalties. • Develop/enforce ordinances requiring pet owners, property owners, and equestrian and animal boarding facilities to clean up wastes from their pets and other animals. (Provide pet waste scoop dispensers and signage in parks and other public areas frequented by pet walkers to promote the proper disposal of pet waste and notify the public of ordinance requirements. • Provide recycling and yard waste services for residential waste. • Provide sufficient numbers of appropriately-sized waste receptacles at municipal facilities and in public areas with regularly scheduled servicing, collection and disposal. • Educate citizens on trash and pet waste issues to promote compliance with ordinances using available methods such as resident newsletters, brochures, Internet sites, storm drain marking projects, etc. • Promote and assist in neighborhood and stream clean-up activities. • Develop/enforce municipal ordinances against illegal discharges to stormwater from sources such as failing septic tanks, septic tanks discharging to stormwater, etc. Ordinances to address illegal connections of sanitary sewers should be at least as stringent as the Missouri Department of Health regulations in 19 CSR 20-3 and County requirements, such as St. Louis County Plumbing Code Section 1103. •' Develop/enforce municipal ordinances requiring the proper maintenance of septic tanks and other small onsite sewage disposal systems. For a model ordinance, see: http://www.anjec.orq/pdfs/Ord-ModelSeptic.pdt O&M PROGRAM 4 Establish standard operation and maintenance procedures, maintenance schedules and long term inspection procedures in accordance with this program manual with emphasis on safety, efficiency, and compliance with applicable laws and good environmental stewardship. • General housekeeping inspections of facilities and storage areas should be performed once a month and records kept of the inspections. 4, Develop record keeping procedures that effectively track implementation of program elements and that provide the information necessary to meet the reporting requirements of the MS4 permit. G. NPDES Permit status: N/A. Hanley Hills does not engage in any of the activities listed: airports, 50,000 gallon per day equipment/vehicle washing, recycling facilities, yard waste compost facilities, solid wast transfer, swimming pools, transportation operations, trucking, vehicle maintenance (R80C), and warehousing and storage (R80C). Page 12 of 53 Rev.December 2019 H. Training: All employees involved in maintenance operations, construction, purchasing, facility or site design, or building or facility management will be trained on this chapter, including the following Departments and work units. Hanley Hills has one full-time staff person who is regularly trained on the maintenance operations, construction, purchasing, facility or site design, or building or facility management. Chapter 3 - Vehicle/Equipment Repair and Maintenance Operations A. Description of Activities: The Public Works Director is responsible for the maintenance of Hanley Hills' trucks and equipment. Preventative maintenance or PM's include oil and filter changes, tune ups and tire rotations. Repairs include engine and transmission replacement; brake, suspension or axle repair; and welding work. Hanley Hills does not have any fueling sites and outside contractors perform services such as glass repair or replacement and all bodywork. B. Locations: • The main garage located at 7559 Allen Green serves all of Hanley Hills and its population of approximately 2,101. The materials/ supplies used at this facility are all stored inside. This is the only garage that Hanley Hills currently has. The maintenance and repair of Hanley Hills' equipment is done at the direction of the Public Works Director and the maintenance staff. The maintenance work is done inside however, due to the difficulty in moving certain pieces of equipment, some repair work is done at the job site. C. Responsible Parties: The Public Works Director is in charge of all fleet administration and operations at Hanley Hills. The maintenance staff person is responsible for the day-to-day operations of the garage. D. Materials/Supplies acquisition, storage and usage: Hanley Hills buys oil as needed and supplies its truck and equipment with gasoline at the local service stations. E. Waste generation, storage, disposal, recycling. All waste generated by Hanley Hills' maintenance garage are disposed of via Waste Management, the waste service Hanley Hills is contracted with to dispose of yard waste, waste, and recyclable waste. Page 13 of 53 Rev.December 2019 Fe Best Management Practices (BMP): OPERATIONS • Institute a preventive maintenance program to minimize fluid leaks and equipment failures. Inspect vehicles and equipment frequently for leaks, collecting leaks with pans or absorbent, and repairing leaks. • All routine vehicle maintenance and repairs at Hanley Hills'facilities are performed indoors. On occasion and when necessary, outside maintenance work will be performed in a paved area with provisions made to contain and clean up all drips and spills. • Use non-hazardous, environmentally safe products when possible. Avoid use of chlorinated organic solvents. • Environmentally safe detergents are used instead of caustic cleaning solutions. • Flammable liquids are kept in a vented fire-rated cabinet. • All supply material and waste containers are marked clearly and properly to identify the contents. • Keep material safety data sheets (MSDS) for chemicals onsite for information on reportable spill quantities, proper handling and health and safety. • All supply material and waste containers are stored under cover to prevent contact with rainfall; or when uncovered, containers are clean and sealed. • Tops of containers have absorbent mats and are free of standing liquid, and stored containers are kept closed. • Waste oils, filters, antifreeze, and other wastes are collected in designated, labeled containers ., I x= ` .. and recycled to the maximum extent .v practicable. -; • Wheel weights are kept in a container marked • "scrap lead". • Records of waste pick-ups are logged and maintained in file. •' Drain pans are labeled for specific types of fluid. Use pans under vehicles and equipment with fluid leaks. Always use drip pans when making and breaking connections. Used oil filters should be gravity drained for 24 hrs with the anti-drain back valve or filter dome punctured to facilitate the draining process. Crushing the oil filter and recycling is preferred. • Batteries, waste oil, etc. having spill/leak potential are stored indoors and are in secondary containment, when possible. • Neutralizer and absorbent are kept by both new and used batteries. • All floors are clean of oil and grease. Page 14 of 53 Rev.December2019 • Immediately clean up all spills of chemicals or vehicle fluids using dry methods (absorbents), minimizing the use of water whenever possible. • Vehicle operators should be instructed to remain with the vehicle during fueling, and not to top-off the fuel tank to avoid overflows and spills. • For painting or sanding activities outdoors, use a tarp enclosure to contain and capture material. Collect and dispose of paint chips and sand blast waste in the trash for non- lead based paint, or evaluate lead based paint for hazardous waste disposal. • Keep the facility and surrounding area clear of litter. SPILL PREVENTION • Spill control plans should be in place with procedures for proper spill response to minimize environmental impacts. SPCC plans must meet regulatory criteria in 40 CFR 112 for sites with a storage capacity over 660 gallons oil in one container or 1,320 gallons on site. • Procedures for loading, unloading and transfer operations should be developed to prevent overfilling and spills. • In areas where spills could occur, such as fueling and loading areas, keep spill kits with absorbent materials nearby and display signage indicating the location of those spill kits. Storm drain plugs or covers are recommended to prevent the flow of spilled material from entering the storm drain. • For fueling areas, post signs that state "no topping off'. • Regularly inspect all tanks and containers to ensure physical integrity. • Maintain equipment to ensure the proper operation of automatic shutoff devices on pumps and, overfill protection and spill buckets on tanks. • Emergency phone numbers are clearly posted in the shop and near material storage areas. FACILITY • All floors in work areas are sloped to floor drains that are connected to an MSD- approved sediment/oil trap prior to discharge into the sanitary sewer system. Trap is pumped out quarterly, or as needed. • A site-plumbing schematic showing all drains, traps, and shut offs for utilities should be posted in shop. Employees should be made aware of sanitary and storm sewers to ensure all wastewater is discharged to the sanitary sewer. • Storm drains/inlets can be labeled to help protect from improper usage. • All above ground storage tanks have secondary containment in accordance with SPCC requirements and are covered with a roof. If containment is not roofed, inspect accumulated rain water for contamination prior to discharge. • Fueling areas are recommended to be designed with a roof to prevent contact with stormwater. The area should be graded and sloped to direct stormwater runoff away from the site and to prevent runoff from flowing over the fueling area. • Stormwater treatment devices can be used to treat runoff from fueling areas. • "No smoking" signs are posted in the shop, and near hazardous waste and flammable material storage areas. Verify that fire extinguishers are charged and inspected yearly. Page 15 of 53 Rev.December 2019 G. NPDES (National Pollutant Discharge Elimination System) Permit status: THIS IS NOT APPLICABLE TO HANLEY HILLS H. Training: Training on stormwater BMPs will be provided to mechanics, storekeepers, material handlers, laborers, equipment operators, janitors, and management staff working at facilities identified in Section B. All employees will be provided safety training and training on written procedures pertaining to general housekeeping. Implement monthly safety meetings to include environmental training and HAZMAT training. Page 16 of 53 Rev.December 2019 Chapter 4 - Vehicle/Equipment Washing A. Description of Activities: The Village of Hanley Hills washes its vehicle and equipment at commercial facilities when washing is required. B. Locations: As noted in Section A. Hanley Hills washes its vehicle and equipment at commercial facilities when washing is required. C. Responsible Parties: The Public Works Director is responsible for ensuring that vehicles are taken off-site to approved commercial facilities for washing. D. Materials/Supplies acquisition, storage and usage: Hanley Hills uses environmentally friendly vendors. E. Wash bay design and waste disposal: Hanley Hills has no Wash Bay. F. Best Management Practices (BMPs): FOR OFF-SITE WASHING All vehicles are taken to commercial facilities when washing is needed. F Commercial facilities used are verified to be in compliance with MSD sewer discharge requirements. Facilities must discharge wastewater to the sanitary sewer system, and wash bays must be covered to prevent storm water in the sanitary system. FOR MUNICIPAL WASHING • Wash bay facilities are designed to collect wash water, pretreat with a sediment/oil trap (interceptor), and discharge to the sanitary sewer system. The trap must be pumped quarterly, or as needed. • Wash bays are covered and wash area curbed or otherwise drained to prevent storm- water runoff from discharging to the sanitary system. Uncovered wash bays have an inlet valve to the sanitary sewer. The wash bay is cleaned and the valve is maintained closed when washing is not occurring, to keep uncontaminated stormwater out of the sanitary sewer. Post instructions regarding the use of the valve. •. Mobile wash services must collect wash water for recycling or proper disposal into a sanitary sewer. *, Job-site mud removal is performed without detergent in a contained, permeable (gravel) area with wash water infiltrating into soil or gravel. Page 17 of 53 Rev.December 2019 G. NPDES Permit status: Not applicable. H. Training: Employees responsible for operating fleet vehicles and equipment will be made aware of BMPs regarding washing, and the proper, designated locations for washing. Page 18 of 53 Rev.December 2019 Chapter 5 - Facility Repair, Remodeling and Construction A. Description of Activities: Hanley Hills utilizes contractors to provide renovations/repairs and capital improvements to its Village e.g., street repair, tree pruning and creek cutting and other major improvements. The Public Works Director and his staff may do minor repairs such as replacing a door, painting, etc. at City Hall. E. Waste generation, storage, disposal, recycling: Waste generation varies with the nature of the job. Typically, wastes consist of small amounts of lumber cut-offs, wallboard scraps, empty paint cans, etc. Order and mix only the amount of materials necessary for the work to be completed. Dispose of all waste properly, recycle whenever possible. Never bury waste material or leave material in the street, gutter, or near a creek or streambed that would allow the material to enter the stormwater system. Such materials are disposed in the city hall dumpster for pick-up by the city contracted waste hauler. Listed below are the disposal methods for various types of materials that are generated from facility repairs and remodeling: Waste Storage Requirements Method Of Disposal Contractor Lumber, Drywall, Siding, Roof Sanitary or Demolition Shingles, Insulation Dumpster or Container Landfill Fluorescent, Sodium Vapor, Closed, Labeled Recycling as Universal Mercury Vapor Lamps Container Waste Fluorescent Green tip Lamps Dumpster Sanitary Landfill Fluorescent Light Ballasts Closed Labeled Recycling or Landfill (if Container PCBs, with approval) Mercury Switch/Thermostat Closed Labeled Hazardous Material Container Reclaim Recycler Asbestos Containing Materials To be managed only by (tile, insulation, roofing material) certified personnel. Special Waste Landfill Latex Paint Waste Closed Container Energy Recovery or Sanitary Sewer Waste Vendor or MSD Oil based Paint Waste Closed Labeled Energy Recovery as Container Hazardous Waste Lead Based Paint Removal To be managed only by Test for Hazardous Waste certified personnel. Waste Characteristics. General Trash Dumpster or Container Sanitary Landfill Steel, Iron, Copper Recycle Carpet Recycle, or Sanitary Green Building Landfill Recycling Page 19 of 53 Rev.December 2019 Leaks, drips, or spills should be cleaned up immediately. Clean up using "dry" methods, absorbent materials or rags, or remove the contaminated soil or material. Clean up of equipment is to be performed in designated areas. Never clean up concrete equipment or paint brushes and allow the washout into the street, storm drains, drainage ditches, or streams. F. Best Management Practices (BMP): FACILITY DESIGN • Consider designing facilities for "Low Impact Development" to reduce the volume and rate of stormwater runoff from impervious areas to improve water quality. Refer to information on Low Impact Development from EPA's web site at: https_//www.epa.glov/r>:ps/iurtza,n- runoff-low-impact-development for more information about Low Impact Development methods. • In designing stormwater drainage facilities, use the following BMPs, in accordance with MSD's stormwater drainage facility design regulations, to improve the water quality of site drainage: wet detention ponds, wetlands, structural filter systems, grass swales, vegetative filter strips, and riparian buffers along streams. MSD's design regulations are contained in the "Rules and Regulations and Engineering Design Requirements for Sanitary Sewage and Stormwater Drainage Facilities". Fact sheets on stormwater management practices are available from the Stormwater Manager's Resource Center at the following web site: https://www.sustainable.omtenvironmentiwater/31 9-stormwater-managers-resource- center-smrc O Carefully design and install plumbing and stormwater systems to code, eliminating cross- connections between sanitary and storm drain systems. • Design material storage and handling areas to avoid rain and stormwater runoff contacting stored material. 6 Design landscaping that uses native vegetation to reduce the need for irrigation, fertilizer and pesticide. LAND DISTURBANCE • Comply with St. Louis County or municipal land disturbance ordinances and programs implemented under the St. Louis County Phase II Stormwater Management Plan. For projects less than the land disturbance program thresholds, prevent erosion of soil from bare ground at the site by employing erosion and sediment control BMPs, such as: soil stabilization with mulch or seeding, settling basins, sediment traps, vegetated buffer strips, and silt fencing for perimeter controls. For details concerning these BMPs, see the SWPPP link on the following web page: https://www.stlouisco.com/YourGovernment/PublicWorks/Permits/LandDisturbance All construction or maintenance activities that excavate in or discharge any dredge or fill material into a "water of the United States" requires a Corps of Engineers 404 permit and a MDNR 401 water quality certification. Waters of the United States include ditches, creeks, rivers, lakes, ponds and wetlands. See Appendix 5-F1 for a summary of permit requirements. Page 20 of 53 Rev.December 2019 CONSTRUCTION/REMODELING •. In accordance with city purchasing policies as stated in Chapter 1 and 2, every effort is made to purchase materials that are manufactured with recycled materials. • Properly store materials as far away from storm inlets and streams as practical, and cover stored materials to avoid stormwater impacts. • Recycle or properly dispose of wastes, as indicated in Section E above. • Never clean out or wash out paint or concrete mixers in the street or near a gutter, storm drain or stream. • Small quantities of inert demolition wastes and construction scraps are disposed in the city hall dumpster. If larger quantities are generated, arrangements are made with a city- contracted hauler for a special pick-up. • Keep work sites clean, pick up trash that can be windblown daily. • Utilize certified asbestos inspectors to inspect floor tile, ceiling tile, fire-proof barriers and doors, roofing material and insulating materials for asbestos content prior to demolition. Manage material using certified asbestos personnel. • Utilize certified inspectors to inspect for lead based paint on structures older than 1978. Use only state certified removal contractors for lead based paint abatement. • When scraping or washing to remove non-lead based paint, collect paint chips in a tarp for proper disposal. Use water-based paint instead of oil-based paint whenever possible. •, Ensure that facility plumbing connects all sanitary wastewater discharges to the sanitary sewer, and that stormwater is sent to the storm sewer system. G. NPDES Permit status: Land disturbance projects over 1 acre require a Land Disturbance Permit MO-R100A (if regulated under a Phase II compliant land disturbance program) or Permit MO-R101 from the MDNR. Stormwater operating permits will not apply unless process water will be discharged to stormwater and not to the sanitary sewers. H. Training: All employees involved in facility construction, facility repair and remodeling activities will be trained on the BMPs presented in this chapter. Personnel should be trained in the items noted below: General housekeeping Material storage, cleanup, and disposal Material reuse and recycling Equipment cleanup Land disturbance erosion control Reduction of material for disposal through storage, reuse, or recycling can greatly reduce material and disposal costs, long term liability, preserve environmental quality, improve workplace safety and provide a positive public image. Page 21 of 53 Rev.December 2019 Chapter 6 - Cleaning and Maintenance of Roadways, Highways, Bridges and Parking Facilities Description of Activities: Most highway agencies and municipalities are responsible for the cleaning and maintenance of roadways, highways, and parking facilities under their maintenance purview. Activities include, but may not be limited to, street sweeping, flushing, applying surface seals, patching, snow removal, and emergency response to spills and accidents. Street sweeping operations normally involve self-contained and powered collection devices, utilizing belt conveyors or vacuum systems. This work may be performed on a scheduled basis, or when requested, and is usually conducted on roads with curbs where debris can accumulate in the gutter line. Many agencies flush bridge decks and parking structures in the spring to remove de-icing chemicals and to clean the drainage structures. Also, flushing operations are performed on sections of pavement where mud or debris accumulates after flooding, creating hazardous conditions. Bridge decks and parking structures are normally sealed on a five-to-seven year cycle to protect the concrete and steel reinforcement from corrosive elements. Patching operations involve the preparation of potholes and the fill of either hot mix or cold patching material. Highway agencies plow and salt the roadways under their maintenance jurisdiction during winter snow events. Typically, 200 to 400 pounds of salt per lane mile is used to de-ice the pavement. Other chemicals, such as calcium chloride, are used when prevailing temperatures fall below 20° Fahrenheit. Most highway agencies are required to respond to emergency situations involving spills and debris from vehicles. This work is performed if it is determined that the material which will be removed from the public road right-of-way is of a non-hazardous nature. Hazardous material is handled through hazardous material removal procedures not specified in this chapter. B. Locations: All road networks or public parking structures of the City of St. Louis, Saint Louis County, and all municipalities within the boundaries of Saint Louis County. Hanley Hills maintains its 29 streets that are within the boundaries of Hanley Hills. (See map) St. Louis County and other state agencies maintain all other public networks, roads, bridges and parking facilities. Page 22 of 53 Rev.December 2019 C. Responsible Parties: The responsible parties involved in the cleaning and maintenance of streets and parking lots include: Public Works Director — (314) 374-3519 Building Maintenance Staff— (314) 725-0909 D. Materials/Supplies Acquisition, Storage and Usage: Hanley Hills utilizes materials as needed and very little materials are stockpiled at the maintenance garage. E. Waste Generation, Storage, Disposal, Recycling: (EXAMPLE TEXT) A certain amount of construction spoil and waste is generated during the performance of maintenance operations on our road network. Recycling methods are employed if they are determined to be cost-effective; however, in many instances, waste material must be removed from the work site by various disposal methods. Again as noted in other parts of this manual, for major street repairs, the contractors are required to safely dispose of waste generation, properly handle storage if it is needed and to practice good recycling methods. Maximum Storage Waste Storage Method Of Disposal Frequency Capacity Location q y First preference is to recycle the material, using it for road base, Asphalt Millings Landfill or parts, earth fill (if laws permit), or from Co-Planing Unlimited g Storage Options Other in asphaltic concrete, etc. If Operation Locations material can't be economically recycled, it will be disposed of in a landfill. First preference is to place Unlimited Earth Fill or concrete waste in earth fill; Concrete Rubble however, if this cannot be Storage Options Landfill economically accomplished, the spoil material is taken to a landfill. Trash, Grit and Debris from Street Sweeping and Sanitary Landfill Road Clean Up Page 23 of 53 Rev.December 2019 F. Best Management Practices (BMP): MAINTENANCE - /1'414, If certain road maintenance activities are prone to produce pollutants that can be r ` s carried off with stormwater runoff, schedule these maintenance activities r during times of dry weather if possible. • Capture scrapings/rust/dirt/sandblasting grit/over spray/drips, ' etc., from preparation and painting of bridges/structures/traffic control devices. • • For steel girders on bridges, utilize • certified inspectors to inspect for lead based paint on structures older than L{� 1978. Use only state certified removal contractors for lead based paint abatement. • Used asphalt is recycled when it is cost-beneficial. • Block scuppers and drains when sealing bridge decks. • On asphalt overlays, ensure stormwater drainage capacity of curbs and inlets is maintained by milling down into the street at the curb, or using open graded thin bonded overlay. • Comply with St. Louis County or municipal land disturbance ordinances and programs implemented under the St. Louis County Phase II Stormwater Management Plan. For projects less than the land disturbance program thresholds, employ BMPs for erosion and sediment control. • All construction or maintenance activities that excavate in or discharge any dredge or fill material into a "water of the United States", which includes ditches, creeks, rivers, lakes, ponds and wetlands, requires a Corps of Engineers 404 permit and a MDNR 401 water quality certification. Examples of construction or repair activities requiring a permit include: bridge work, culverts under road crossings, dredging or placing rip rap in creeks. See Appendix 5-F1 for a summary of permit requirements. DE-ICING • Use calibrated chemical applicators for salt and brine applications. tr .. µ Minimize the use of salt without compromising public j " safety. { , #, c • Stop salt feed on trucks at stop signs, where equipped. '• R , • Stored salt is on an impervious surface and is covered. As available, use road weather information such as weather forecasts, meteorological data, and pavement sensors to maximize the efficiency and effectiveness of resources. Page 24 of 53 Rev.December 2019 CLEANING • Remove as much mud, grit, salt and debris as possible (by scraping, brooming, etc.) prior to roadway flushing on bridges. • Evaluate the need for street sweeping to remove grit and trash at facility parking lots and roadways within jurisdiction. Implement street sweeping, when feasible, focusing on heavy traffic patterns, seasonal variations (spring/fall), and problem areas. Record the volume of trash/debris removed to identify the priority of areas being cleaned and the effectiveness of resources used. Investigate to determine sources of litter in areas of excessive accumulation. • The environmentally preferred sweepers are those with an integral collection device and fugitive dust control. Properly dispose of trash/debris as indicated in Section E above. • Do not hose down parking lots in a manner that discharges wash water to the storm drain untreated. G. NPDES Permit status: Not Applicable H. Training: Employees involved in Street maintenance and repair will be trained on the BMPs in this chapter. Page 25 of 53 Rev.December2019 Chapter 7 - Maintenance of Parks, Green Spaces, Trails and Landscaping A. Description of Activities: The Village of Hanley Hills has three parks and has responsibility for the development and maintenance of recreational areas and green space within the village. B. Locations: Blossom Park is located at 123 Park Avenue. Mildred Davis and Robert Myers Park located at 7713 Utica Drive. Allen Green Park located at 7559 Allen Green Drive. C. Responsible Parties: The Director of Public Works has authority over all parks, but works collaboratively with the Parks and Trees Commissioner. Contractors are utilized as needed. D.Materials/Supplies acquisition, storage and usage: Hanley Hills orders materials as needed for park maintenance such as mulch. E. Waste generation, storage, disposal, recycling: Hanley Hills' parks do not generate waste. Where and when needed Hanley Hills orders mulch from environmentally friendly vendors. As mentioned in others parts of this manual, Hanley Hills contracted waste service provider, Waste Management, does the recycling function of the city. F. Best Management Practices (BMP): PARK DESIGN AND SITING e, Creating undeveloped, natural open space and preserving established trees and other natural vegetation, particularly around natural drainage areas, such as creeks, is recommended. Tree buffers and tall grass filters around streams improve water quality, slow runoff and prevent erosion. A minimum buffer width of 50 feet is recommended. f Avoid site development and placing facilities in the flood plain. �Q .� !� Design park sites to preserve natural resources such as -tg. "" " y_'-' `'= "`-�-, wetlands and existing natural draining areas, minimizing ` ' 1- f their loss and maintaining existing trees and a riparian - corridor next to creeks to the degree possible. Minimize creek crossings, and place them only after consideration ", of the stream features to enable natural flow. , r, 5 Design landscaping that uses native vegetation irrigation, to fertilizer and pesticide. reduce the need for ' Select plants appropriate for site conditions for sun, moisture, and soil type. Page 26 of 53 Rev.December 2019 • Utilize low impact development to minimize impervious surfaces, See Chapter 5. • In designing stormwater drainage facilities, use the following BMPs to improve the water quality of site drainage and slow the release of water to streams: wet detention ponds, micro detention basins, wetlands, rain gardens, vegetative filter strips and riparian buffers along streams, structural filter systems, pervious pavement and green (vegetated) roofs. The use of swales instead of curbs along roads and parking lots is beneficial to filter pollutants and reduce the volume and rate of stormwater flow. Fact Sheets on stormwater management practices are available from the Stormwater Manager's Resource Center at the following web site: https://www.sustainable.orq/environment/water/3I9-stormwater- ma nage rs-resource-center-smrc COMMUNITY PROGRAMS • Sponsor activities and annual events that involve the general public, schools, watershed groups, stream teams, etc., providing hands-on activities that promote water quality in their adopted parks and greenways. Typical activities include: field trips, cleanups, educational programs, restoration projects, stream monitoring, storm drain marking, and trail projects. • Organize or participate in reforestation programs, planting native trees to buffer streams, create shade, ' p # and beautify parks. Support community volunteer •: •a Qg 11 Sta► . group efforts in these programs. .. * Require pet owners to pick up and properly dispose I watt k.y en.kind # • of pet waste in parks. Provide pet waste scoop ,1'„c4.pdag. II dispensers and signage in parks to notify visitors of ' i w.R..P4.,., s ,�s k '4' the requirement. ,,,,retmt,i,R r • Control wild geese populations near lakes with "no ��ssb��. feeding the geese" signs and ordinances. Other ' techniques to control populations include habitat modification by increasing shoreline vegetation MB ' height, scare tactics or relocation. PARK/LANDSCAPE MAINTENANCE • Remove litter and debris regularly. • Properly dispose of yard waste, for example, by composting. Do not dump yard waste into creeks. • Minimize mowing of open space sites, depending on site objectives. • Mow grass higher and leave grass clippings on the lawn to retain moisture and provide nutrients. • Remove exotic invasive vegetation and replace with native plantings as resources are available. • Perform soil tests to determine the optimum fertilizer PI application rate. '� i • Apply fertilizer only in cool weather, preferably fall. ..:p x '� Avoid application before a rain, and do not apply fertilizer at rates higher than indicated in on label ' ' �" z' . - �; •f instructions. Apply slow release fertilizers such as t• t .- " `methylene urea, IDBU or resin coated fertilizer.• When disturbing land, such as clearing vegetation and Page 27 of 53 Rev.December 2019 destroying the root zone, employ BMPs for erosion and sediment control. For details concerning these BMPs, see the SWPPP link on the following web page: https://www.stlouisco.com/YourGovernment/PublicWorks/Permits/Land Disturbance All construction or maintenance activities that excavate in or discharge any dredge or fill material into a "water of the United States", which includes ditches, creeks, rivers, lakes, ponds and wetlands, requires a Corps of Engineers 404 permit and a MDNR 401 water quality certification. Examples of activities that require a permit include: placing culverts in creeks, constructing outfalls, and stream restoration activities. See Appendix 5-F1 for a summary of permit requirements. INTEGRATED PEST MANAGEMENT • Use Integrated Pest Management (IPM) techniques to minimize the use of pesticides. Pesticide application should be timed carefully and combined with other pest management practices. Pests and their development stage should be identified accurately and pesticide applications made only when necessary, using the least amount needed and the least toxic product for adequate pest control. s Use mechanical controls to keep pests in check, such as species specific, pheromone based traps. Remove pests by hand. Eliminate conditions favorable to pests and place barriers to control pests and weeds. • Use natural, biological controls, when feasible, including natural enemies of pests, such as: predators, parasites, pathogens, pheromones, and juvenile hormones. Reduce the risk of West Nile Virus by reducing stagnant water (mosquito breeding grounds) caused by cans, containers and tires present in litter and junk piles. Keeping stormwater drainage gutters and drains clean will also reduce conditions suitable for mosquito breeding. Refer to MU Extension IPM Guides at: https://ipm.missouri.edu/pubs/ Minimize the use of herbicides through an Integrated Pest Management techniques for weed control. This includes practices that keep plants healthy, such as selecting disease and pest resistant varieties and maintaining good growing conditions. For turf grass, prevention of weed infestation begins with practices to promote healthy grass through proper planting, watering, fertilizing, mowing, aerification, and thatch control. Refer to MU Extension Publication IPM1009: https://extension2.missouri.edu/MX399 PESTICIDE/HERBICIDE USE • When pesticide or herbicide use is required, select pesticides carefully, avoiding highly water soluble and very environmentally stable products to minimize potential for leaching from soils into waterways. Environmentally friendly products readily degrade in the environment and/or bind to soil particles. •' Consider the vulnerability of the area in which pesticides are applied, avoiding areas with streams, ponds, sinkholes or wells. Sinkholes are an environmentally sensitive area because they allow surface water to reach groundwater quickly with little natural soil filtering. •, Apply pesticides when the target pest is at its most vulnerable life stage, and use site specific rather than wholesale application. Page 28 of 53 Rev.December 2019 • Read pesticide labels carefully for information and restrictions about the rate, timing, and placement of the pesticide in that container. Calibrate equipment to apply at the proper rate. Apply when the threat of rain is low to avoid wasting material and washing pesticide into the waterways. Carefully calculate how much pesticide concentrate is needed to treat the specific site with the equipment being used, to eliminate disposal of excess spray mix. + Store pesticides in their original containers in a cool, well-ventilated building with a concrete floor. Handle pesticides carefully to avoid spills. F Dispose of pesticide waste properly, following label instructions. G. NPDES Permit status: Not applicable H. Training: All employees directly involved in the design, construction and maintenance of landscaping, trails, green spaces and parks will be trained on the BMPs in this chapter. Chapter 8 - Cleaning and Maintenance of Drainage Channels, Storm Sewers and Inlet Structures A. Description of Activities: The storm drainage system functions to collect and convey surface runoff to receiving waters during storms in order to prevent flooding. The system consists of improved and unimproved drainage channels, culverts, bridges, trench drains, gutters, ditches, swales, storm sewers and storm inlet structures. Maintenance of the system is necessary to ensure it functions hydraulically as intended. MSD has the major responsibility for the cleaning and maintenance of improved channels and storm sewers in the Plan Area. Maintenance responsibilities are defined in MSD's "Statement of Policy for Maintenance of Stormwater Sewer Systems and Facilities". Many of the co-permittees are responsible for maintaining the storm sewer systems on their property, and on systems not dedicated to the MSD system. In addition, municipalities are responsible for maintaining bridges, storm culverts, ditches and gutters along the streets in their city. MSD does maintain road inlets and culverts on systems dedicated to MSD. MSD does not maintain detention and retention basins or yard swales. Maintenance of basins and yard swales is the responsibility of property owners, as addressed in MSD's "Rules and Regulations and Engineering Design Requirements for Sanitary Sewage and Stormwater Drainage Facilities". B. Locations: The Village of Hanley Hills works in cooperation with MSD and does not have any sewer systems that are not covered by MSD. C. Responsible Parties: Metropolitan St. Louis Sewer District Director of Operations, Telephone: (314) 436-8715 Page 29 of 53 Rev.December 2019 Municipality Public Works Department, Director, Telephone: (314) 374-3519 D. Equipment/Materials/Supplies acquisition, storage and usage: The Village of Hanley Hills Public Works Department stores equipment/materials and buys supplies as needed. If needed, contractors are used for clearing areas that Hanley Hills' equipment cannot handle. E. Waste generation, storage, disposal, recycling: Wastes generated from maintenance of the storm drainage system must be disposed of properly, as indicated in the table. All waste being disposed of in a landfill must not contain free liquid. Water draining from waste destined for a sanitary landfill is considered wastewater and must be disposed of in a sanitary sewer system. F. Best Management Practices (BMP): GENERAL •' Within budgetary constraints and responsibilities, perform preventative maintenance of the storm drainage system to remove flow obstructions to reduce flooding and erosion problems and improve water quality. • Utilize care in cleaning catch basins, storm sewers and drainage channels, to properly collect and dispose of waste as indicated in Section E to minimize contaminants discharged into stormwater. Note in the work order the volume of waste collected and disposed of. Investigate into the source of increased maintenance needs, if excessive. When possible, focus cleaning efforts before rainy seasons. • If storm inlets/catch basins, storm sewers and drainage channels are impacted by non- stormwater discharges or illegal dumping of waste, contact MSD, Division of Environmental Compliance at 314-436-8710 for investigation and enforcement. • Implement Phase II public education efforts; public participation efforts to mark inlets with "No Dumping, Drains to Stream"; or organize public stream clean-up events. • Identify failing detention or retention basins and report them to MSD Customer Service at 314-768-6260. • Comply with St. Louis County or municipal land disturbance ordinances and programs implemented under the St. Louis County Phase II Stormwater Management Plan. For projects less than the land disturbance program thresholds, employ BMPs for erosion and sediment control. CATCH BASINS • Prioritize catch basins for routine maintenance on a +"s specified frequency based on need. Identify areas ? ... ._ f` for additional maintenance to coincide with litter "° ' � „, from major public events, and based on work orders generated by customer complaints and/or flooding. Increase maintenance of inlets that are fully blocked + ' 4' • or 75% full of trash or debris when maintained. Reduce maintenance of catch basins that do not 111 result in waste generation. of Page 30 of 53 Rev.December 2019 .'` • Consider installation of catch basin inlets in areas where storm sewers will be known to receive excessive amounts of litter or sediment. STORM SEWERS • Prioritize storm sewers for routine maintenance on a specified frequency based on flat grades, low flow, or review of work orders. Identify areas for additional maintenance based on work orders generated by customer complaints and/or flooding. • Utilize care in cleaning storm sewers by flushing, to properly collect waste using debris/sediment traps. • Seal/repair joints in structures to prevent root intrusion and soil wash-out. • Minimize or avoid the use of chemical root/vegetation killers, and use the least toxic alternatives when necessary. DRAINAGE CHANNELS • All construction or maintenance activities that excavate in or discharge any dredge or fill material into a "water of the United States", which includes ditches, creeks, rivers, lakes, ponds, and wetlands, requires a Corps of Engineers 404 permit and a MDNR 401 water quality certification. Examples of construction or repair activities requiring a permit include: sewer creek crossings, outfall structures, stream bank stabilization, and all channel modifications. See Appendix 5-F1 for a summary of permit requirements. • Consider downstream conditions prior to spot channel stabilization efforts to avoid simply moving problems downstream. Revegetate stabilized areas with native plants whenever possible, and as soon as possible. • MSD's Division of Environmental Compliance will inspect all open drainage channels under its Illicit Discharge Detection Program, and will notify MSD's Operations Department, St. Louis County, the municipality or MoDOT, as applicable, regarding maintenance needs concerning damaged structures or blockages requiring removal. MUNICIPAL DETENTION BASINS • Existing control structures undergoing renovation are modified to the maximum extent practicable to meet new construction criteria in MSD's "Rules and Regulations and Engineering Design Requirements for Sanitary Sewage and Stormwater Drainage Facilities". • Inspect facilities to insure proper operation and maintain as needed, including: trash and debris removal, vegetation control, vector control, structural and erosion repair, and sediment removal to restore capacity. G. NPDES Permit status: Not applicable H. Training: MSD collection system operators, contractors and municipal employees involved in maintenance of drainage systems will be trained on the BMPs in this chapter. Page 31 of 53 Rev.December 2019 Chapter 9 - Operation and Maintenance of Recycling and Composting Facilities A. Description of Activities: Hanley Hills utilizes its waste service contractor, Waste Management, to handle all of its recyclable and composting activities as the municipality does not have a recyclable facility nor does it perform composting activities. B.Locations: N/A. Hanley Hills does not have a recycling or composting facility. C. Responsible Parties N/A D. Materials/Supplies acquisition, storage and usage: N/A. E. Waste generation, storage, disposal, recycling: N/A. F. Best Management Practices (BMP): ® Yard waste composting operations and mulch piles should be located away from stormwater drainage systems, and must not be located within 100 feet of a natural creek or manmade stormwater drainage channel, 300 feet from a water well or 1,000 feet from a sinkhole, under MDNR permit G97. • Compost/mulch is confined by an impervious base with curbing or otherwise stored to prevent leachate and runoff from contaminating stormwater, and to prevent stormwater drainage running into the pile. ® Do not discharge leachate to stormwater. As necessary to manage leachate, design a system to collect and properly treat leachate or incorporate into the early stages of the composting process. • Materials that will pollute stormwater are collected under a roofed structure or in an enclosed dumpster. • The public is notified by signage at the facility that lists materials accepted at the facility and those unauthorized items that are not acceptable. • Attendants are on duty to monitor use of the facility and to ensure unauthorized items are not deposited by the public. ▪ The Police Department routinely patrols the facility to prevent unauthorized dumping. Page 32 of 54 Rev.December 2019 • No fluids are drained into any stormwater system. • Every effort is made to ensure the facility is clean and that no unauthorized or contaminated materials are deposited at the facility. • Materials easily moved by wind must be stored in a manner to prevent the material from becoming airborne and scattered. • An emergency phone is available at the site for attendants to promptly report any problems to the supervisors or the Police. • Drums or containers of oil, petroleum products or hazardous materials are not accepted. Also drums or containers that have previously contained these substances are unacceptable for recycling at the facility. G. NPDES Permit status: N/A. H. Training: N/A. Page 33 of 53 Rev.December 2019 Chapter 10 - Water Quality Impact Assessment of Flood Management Projects A. Description of Activities: New flood management projects located within the co-permittees jurisdiction must be assessed for impacts on water quality. Existing projects must be assessed for incorporation of additional water quality protection devices or practices, where feasible. Flood management projects in the Plan Area can include: regional stormwater control (retention basins, detention basins); flood control levees and associated pump stations; stormwater drainage conveyance capacity improvements; projects involving land buyouts; and designated uses of flood plain land. Stormwater management projects in both development and re-development will be assessed for water quality impact, according to MSD's "Rules and Regulations and Engineering Design Requirements for Stormwater Drainage Facilities", which address the Stormwater Management Plan water quality requirements under MCM 5. Projects within designated levee districts, such as Monarch-Chesterfield, Earth City and Riverport will be based on the Stormwater Master Plan for these districts. All flood management projects involving channel modification will also be assessed for aquatic and water quality impacts through the Corps of Engineers 404 permit and MDNR 401 water quality certification process. B. Locations: N/A. C. Responsible Parties: All co-permittees that plan, design or install flood management projects are subject to this chapter. MSD has general responsibility for stormwater drainage facilities in the Plan Area. St. Louis County, municipalities, and property owners have responsibility for the drainage facilities not dedicated to, and maintained by MSD. St. Louis County and municipalities maintain control over planning and zoning, land use regulations, and flood plain management through ordinances. The Public Works Director is the Floodplain Administrator for the Village of Hanley Hills. D. Materials/Supplies acquisition, storage and usage: Not applicable. E. Waste generation, storage, disposal, recycling: Not applicable. F. Best Management Practices (BMP): E. Implement and enforce ordinances and/or procedures requiring that water quality factors be incorporated into the design and operation of stormwater/flood control structures. Inspect existing flood management facilities on a specified frequency to determine water quality impacts and exploit opportunities for improvement. Page 34 of 53 Rev.December 2019 • Existing control structures undergoing renovation are modified to the maximum extent practicable to meet new construction criteria in MSD's "Rules and Regulations and Engineering Design Requirements for Sanitary Sewage and Stormwater Drainage Facilities". • Design new flood management projects to prevent or minimize adverse water quality impacts, exploring alternative programs utilizing non-structural flood damage reduction and stream bank stabilization measures to the maximum extent practicable, such as flood proofing houses, and buy outs. • Use models based on fully developed conditions, and adopt a free board above base flood elevation for development. • Identify existing wetlands or other natural open space areas, particularly around streams, and preserve them from development so they can provide natural attenuation, retention or detention of runoff. • Survey watersheds downstream from proposed projects to determine potential water quality impacts. Design proposed projects to minimize downstream impact. • Work closely with local governments, environmental organizations and others to develop multi-use open space corridors along streams which will allow for overbank floodplain storage. • Floodplains are preserved to the maximum extent practicable. • Use non-structural flood management practices to the maximum extent practicable, utilizing acquisition of flood-prone property where possible. • Open stormwater conveyance systems are used to the maximum extent practicable to preserve natural conditions and habitat. • Channel improvement projects are to use natural approaches rather than concrete, riprap or other "hard" techniques to the maximum extent practicable. • Inlets and outlets from closed portions of conveyance systems are designed to minimize scour and erosion. • Trash racks are provided at outlet structures of detention ponds and other flood control structures to capture trash and floatables. • Employ natural solutions and use controls that preserve the hydrology of a site as a first line of flood control to the maximum extent practicable. G. NPDES Permit status: Not applicable H. Training: N/A Page 35 of 53 Rev.December2019 APPENDICES Appendix 2-Fl: The Village of Hanley Hills Waste Reduction and Recycling Policy Statement 1. Policy The Village of Hanley Hills is committed to good stewardship of the environment. A key element of that stewardship is the reduction of the amount of solid waste going from the city into landfills. Solid waste landfills have negative long-range environmental impacts, drain community resources, and have limited capacity to accept the large quantities of waste generated by our society today. The Village of Hanley Hills will make every effort to reduce the solid waste generated at our facilities. Four methods will be used to implement this policy: source reduction, reuse of materials, recycling, and purchase of recycled materials. Every City department and individual employee has a personal responsibility for implementing this policy. 2. Methods to Achieve Solid Waste Reduction A. Source Reduction: All members of the Village staff are responsible for implementing operational practices that prevent waste from being produced. Examples include printing reports and documents on both sides of the paper; printing appropriate numbers of documents; using email rather than printed correspondence; and using products that are reusable, refillable, repairable, non-toxic, and recyclable. Products with reusable, returnable packaging or items requiring the least possible packaging should be purchased when practical. Every effort should be made to prevent excess or unneeded materials from being purchased. B. Reuse of Materials: All employees of the Village are responsible for reusing products whenever possible. An example would be to use dishes, glasses, and reusable flatware rather than disposable paper and plastic ware. C. Recycling: All City employees are responsible for separating identified recyclable materials and placing them in appropriate recycling containers. Village Recycling includes aluminum cans, steel cans, batteries, cardboard, glass bottles and jars, hard back books, newspapers, phone books, catalogs and magazines, brown paper bags, microfiche, news blend, office blend, plastic bottles (#1 and #2 only), styrofoam and peanuts, toner cartridges, transparencies, videotapes, and additional items as implemented. Facilities Management Recycling includes construction/demolition debris, fluorescent light bulbs, motor oil, oil filters, paint, pallets, refrigerants, scrap metal, solvents, tires, yard waste, and additional items as implemented. Page 36 of 53 Rev.December 2019 D. Purchase of Recycled Content Material: All Village departments are responsible for making efforts to purchase and use products manufactured from or containing recycled materials. All recycled content purchases will be reported to the Purchasing Department for record-keeping and reporting purposes. 3. Procedures The Director of Public Works will be responsible for implementing this Policy by: A. Designating departments and employees responsible for the task of developing and implementing a waste reduction and recycling program in accordance with this Policy. B. Designating personnel in the Purchasing Department to ensure recycled content products are purchased when feasible and that criteria for recycled content products are included in the purchasing bid process. C. Designating personnel in Facilities Management to ensure that all new construction includes designated areas for recycling and solid waste collection and removal. D. Designating personnel to promote recycling and waste reduction in employee events and materials. E. Encouraging all contractors to adhere to City recycling policies and procedures. F. Taking other appropriate action as he/she deems necessary to implement this Policy. Source: https://legal.uncc.edu/policies/up-713 Page 37 of 53 Rev.December 2019 Appendix 2-F2: The Village of Hanley Hills Green Procurement Policy 1. Policy Objective The objective of this policy is to provide direction for greening Hanley Hills' procurement. 2. Policy Statement As set out in this Policy, priority in procurement will be given to green products and services, including construction. 3. Definitions Green procurement is the procurement of products and services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw material acquisition, production, manufacturing, packaging, distribution, operation, maintenance, disposal and re-use of the product or service. Green procurement encompasses the concept of the procurement of goods and services that provide for basic human needs and bring a better quality of life, while minimizing the use of non-renewable natural resources and toxic materials and the emission of wastes and pollutants over the life cycle, so as not to jeopardize the ability of future generations to meet their own needs. A green product is one that is less harmful than the alternative, having characteristics including, but not limited to, the following: • Recyclable - local facilities exist that are capable of recycling the product at the end of its useful life. • Biodegradable - will not take a long time to decompose in landfill. • Contain recycled material (post-consumer recycled content). • Minimal packaging and/or for which there will be take-back by the manufacturer/supplier of packaging. • Reusable or contain reusable parts. • Minimal content and use of toxic substances in production. • Produce fewer and/or less polluting by-products during manufacture, distribution, use and/or disposal. • Produce the minimal amount of toxic substances during use or at disposal. • Make efficient use of resources - a product that uses energy, fuel or water more efficiently or that uses less paper, ink or other resources. • Durable - have a long economically useful life and/or can be economically repaired or upgraded. Sustainable (green) service - A service acquired from a supplier who has a green operational policy and whose internal practices promote sustainability. Page 38 of 53 Rev.December2019 Threshold - the dollar value of contracts, above which a formal record is kept on file showing that environmental criteria were considered when requirements were defined. 4. Policy Procedures Where available and cost effective, green products and services, including construction, that are of equal or better performance and quality, will be purchased. In determining cost effectiveness, a department should give consideration to the costs and benefits that accrue, in the shorter and longer term, to the Village of Hanley Hills. For all bid solicitations (e.g. requests for proposal, requests for quote, and requests for standing), environmental factors or impact will be considered when requirements are defined. In addition, bid solicitations will include instructions asking bidders to identify any environmental benefits over the life cycle of their products and/or services. Green procurement principles will be applied to construction projects beginning with the design stage. Departments will determine the contract dollar value (hereafter referred to as the threshold) above which a formal record is kept on file showing that environmental criteria were considered when requirements were defined. In determining their threshold, departments may wish to consider contracting volumes, training requirements and budgetary constraints. For all procurement, consideration will be given to environmental factors or impact. For requirements: A. Valued in excess of a threshold, a formal record of the evaluation will be kept on file. In the case where a green purchase was made, the record will list the environmental criteria included in the bid solicitation. In the case where a green product or service was not acquired, the reasons for not selecting an environmentally preferable product or service will be documented. See Documentation Form attached. S. Valued at or below the threshold, a formal record of the evaluation is not required. Each department will be responsible for ensuring that its personnel have sufficient training about the environment and green procurement to carry out the directives in this policy. 5. Guidelines 5.1 The life cycle approach and the environment Applying the four R's (Reduce, Reuse, Recycle and Recover) at each phase of the material management life cycle helps protect the environment and reduce costs. 5.1.1 Planning During the planning process, managers will assess the need for a given purchase and, whenever possible, Page 39 of 53 Rev.December 2019 • Reduce consumption. • Consider acquiring second-hand or used material. • Consider products that are less damaging to the environment, such as those made with resource-saving materials or processes. • Consider the environmental cost of purchases during each phase of the life cycle. 5.1.2 Acquisition As much as practical, products selected should: • Be reusable and contain reusable parts. • Be recyclable and contain recycled materials (e.g. recycled paper, reconditioned laser printer cartridges). • Include second-hand or used material. • Use resources and energy efficiently. • Have a long service life or be economical to repair. • Contain minimal packaging, or use returnable or reusable shipping containers. • Be non-toxic and non-polluting. 5.1.3 Maintenance and Operations A. Ensure that products are properly maintained and used. This will extend the service life of a product. When economically feasible, equipment should be repaired, refinished and reused. B. Hazardous material must be shipped, stored and handled in accordance with applicable federal and provincial law, and regulations. 5.1.4 Disposal Consider alternatives to disposing of material, such as reusing, recycling or recovering it. Try to minimize the amount of waste generated. 5.2 Combine environmental actions with fiscal responsibility A. Government interest in economy of operations is fully compatible with environmental interests. Many sound environmental practices have resulted in savings. B. Most environmental actions can be phased in gradually without additional cost. When these actions may entail additional costs for the government, managers should accommodate them within existing budgets. C. Government should lead by example. In light of the volume of government procurement, the government can play a significant role in promoting the development and marketing of green products and services. As demand for these products and services increase their prices will drop and become more affordable to all consumers. Source: https://www.tpsgc-pwgsc.gc.ca/app-acq/ae-qp/index-enq.html Page 40 of 53 Rev.December 2019 Documentation Form for the Evaluation of Environmental Factors 'Fill in one of the two sections below: A) Green Product/Service was purchased. List all green criteria used in the bid solicitation: GreenProduct/Service was not purchased. 'List reasons why green product/service was not purchased: No green alternative. 0 +Did not meet operational requirement. Specify in what way: ❑ !Upfront costs for green product were higher than for non-green ones and no additional ;funds were available. 0 Other. Provide details: Page 41 of 53 Rev.December 2019 Appendix 2-F3: St. Louis County Waste Management Code St. Louis County Waste Management Code, Chapter 607, contains provisions related to the proper disposal of trash. The County Waste Management Code is effective in all portions of incorporated or unincorporated St. Louis County, except municipalities with populations of 75,000 and an organized health department. Municipalities are encouraged to enact ordinances that correspond to those portions of the Code included in this appendix. Waste Management Code, Chapter 607 SUBCHAPTER B. DUTIES IMPOSED IN CONNECTION WITH THE GENERATION AND STORAGE OF WASTE ON PREMISES 607.050 On Whom Duties Are Imposed for Storage of Waste. Section 607.050 through 607.145 describe conditions that shall exist, conditions that must not exist, actions that must be taken and actions that must not be taken, all in connection with the storage and disposal of waste upon the premises where the waste is generated. The persons responsible for seeing that the conditions and actions described in Sections 607.050 through 607.145 are complied with depends upon the type of premises involved, and are described as follows: 1. On residential premises or premises with mixed uses but containing at least one residence, it shall be the responsibility of every person the age of seventeen (17) years or older residing on the premises to see that Sections 607.050 through 607.145 are satisfied with respect to the storage and disposal of residential waste generated on the premises, regardless of whether the noncompliance was occasioned by the action or failure to act of the person charged. 2.On nonresidential premises or premises with mixed uses but containing at least one nonresidential use, it shall be the responsibility of the person in possession of the premises as well as each manager, agent or employee of a person in possession of the premises to see that Sections 607.050 through 607.145 are satisfied with respect to the storage and disposal of nonresidential waste generated on the premises, regardless of whether the noncompliance was occasioned by the action or failure to act of the person charged. 3.On all premises, it shall be a violation of Sections 607.050 through 607.145 to do any act which would make the premises fail to comply with such sections, whether or not the person charged resides on the premises or is in possession of the premises or is the agent or employee of a person in possession of the premises. (O. No. 23221, 5-29-07) 607.060 Waste Containers Required. There shall be provided on each premises where waste is generated, whether such premises are residential or nonresidential, containers for the storage of all municipal waste (except bulky waste), yard by-products, and recovered materials. The municipal waste containers shall conform to the requirements of Section 607.070 if for use on residential premises and shall conform to the requirements of Section 607.080 if for use on nonresidential premises. Page 42 of 53 Rev.December 2019 Containers for curbside collection of Recovered Materials and Yard By-products shall conform to the requirements of the person providing collection services. The containers must be sufficient in quantity and size to hold all waste and recovered materials (except bulky waste and demolition and construction waste generated on the premises) between the times when the waste and the recovered materials are generated and removed from the containers and the premises. The premises surrounding the containers shall be maintained in a neat, clean, odor free and sanitary condition. (O. No. 23221, 5-29-07) 607.070 Waste Containers for Residential Waste Other Than From Multifamily Residences of Four or More Units--Use of Waste Containers required. Residential waste, other than residential waste from multifamily premises of four (4) or more units or from premises having mixed uses but containing at least one (1) residence, shall be deposited and stored in galvanized metal containers or rubber fiberglass or plastic containers which are nonabsorbent and do not become brittle in cold weather or in plastic containers or plastic bags of not less than twenty (20) gallons nor more than thirty-five (35) gallons in capacity unless container size is approved otherwise by the person that provides hauling services. Containers shall be leak-proof, waterproof, and fly-tight and shall be properly covered at all times except when depositing waste therein or removing waste therefrom. The container, other than plastic bags, shall have handles, bails or other suitable lifting devices or features. Containers shall be of a type originally manufactured for residential waste, with tapered sides for easy emptying. They shall be lightweight and of sturdy construction. Plastic bags used to contain waste shall be of sufficient strength to be used one (1) time to store the waste actually deposited therein. Waste generated on the premises shall be deposited in the containers and shall be deposited in such a manner that the area surrounding the containers and the exterior of any such containers is and remain clean, neat, odor free and sanitary. This section does not apply to demolition and construction waste. (O. No. 23221, 5-29-07) 607.080 Waste containers for Nonresidential Waste and Waste From Multifamily Residences of Four or More Units; Use of Waste Containers Required. Nonresidential waste and residential waste from multifamily residences of four (4) or more units, as well as residential waste from premises having mixed uses but containing at least one (1) residence, shall be stored in containers which are spill proof, leak-proof, and shall be covered at all times except when depositing waste therein or removing waste therefrom. Waste generated on the premises shall be deposited in the container(s) and shall be deposited in such a manner that the area surrounding the container(s) and the exterior of any such container(s) is and remains clean, neat, odor free, and sanitary. This section does not apply to demolition and construction waste. (O. No. 23221, 5-29-07) Page 43 of 53 Rev.December 2019 607.100 Waste Not To Be Deposited in Waste Container of Another. No person shall deposit waste in any waste container other than a waste container on the premises where the waste was generated without the consent of the owner of such waste container. (O. No. 23221, 5-29-07) 607.120 Placement of Waste Containers and Bulky No containerized Waste. 1.Residential waste and/or recovered material containers and bulky/non-containerized waste shall be stored upon the premises where the waste was generated, unless written permission for storage on other premises is obtained from a person having authority to grant such permission. The containers and bulky/non-containerized waste shall be stored at least three (3) feet behind the front of the main residential structure. Waste containers used for the storage of residential waste and bulky/non-containerized waste, other than waste from multifamily premises having four (4) or more units, shall be placed at the curb or mailbox or backyard or side yard as required by the person responsible for collection. Waste and recovered material containers and bulky/non-containerized waste shall be placed at the collection point if in front of the premises or on a street not earlier than dusk of the day prior to the regularly scheduled collection day. Waste and recovered material containers shall be returned to their appropriate storage places following collection and on the same day as collection. 2.Nonresidential waste and recovered material containers, bulk source separated material and bulky/non-containerized waste generated on nonresidential premises shall be stored upon the nonresidential premises where the waste or source separated material was generated, unless written permission for storage on other premises is obtained from a person having authority to grant such permission. (O. No. 23221, 5-29-07) 607.130 Demolition and Construction Waste. 1. No person shall store in or place additional demolition and construction waste in a mobile waste container which is full. 2.The person who has requested that a mobile waste container be located to receive demolition or construction waste or container be removed from a site shall require that a mobile waste container which is full be removed and the waste deposited at an appropriate facility. 3.Demolition and construction waste shall be stored in a secure container or otherwise secured to prevent dispersal by the wind. 4.Demolition and construction waste shall not be stored in a floodplain unless it is stored in a mobile waste container. 5.A mobile waste container is full if no more waste can be added to it without making it unsafe or illegal to transport. (O. No. 23221, 5-29-07) Page 44 of 53 Rev.December 2019 607.140 Waste To Be Collected. If waste collection service is reasonably available for a premises where waste is generated, an agreement shall be in effect for the collection of waste generated on the premises with a waste collection service having waste collection vehicles licensed by the Director for the collection, transportation, and disposal of waste. It shall be the responsibility of the property owner and the person generating the waste to assure that an agreement for the collection of waste is in effect. (O. No. 23221, 5-29-07) 607.145 Frequency of Pickup. Residential and Commercial Waste: Waste collection service shall provide for the collection of all solid municipal waste (other than demolition and construction waste and bulky residential waste) from the premises not less often than once per week. In the event no waste hauler serves the area, the Director has determined that collection service is not reasonably available, waste (other than demolition and construction waste and bulky residential waste) must be removed from the premises not less often than once per week, and deposited at a licensed sanitary landfill, waste processing facility or transfer station, unless exempted from the requirement of weekly pickup under the terms of Section 607.145. (O. No. 23221, 5-29-07) 607.270 Waste Spilled During Transportation. Waste spilled or blown during the transportation of waste shall be re-collected immediately if such re -collection may be made safely, and as soon as possible otherwise, and placed in the transportation vehicle or mobile waste container by the employees of the waste hauler, or by the person transporting the waste, whether or not such person is engaged in the business of hauling waste and whether or not the vehicle is licensed or required to be licensed under this Chapter. (O. No. 23221, 5-29-07) 607.280 Waste Spilled by Hauler During Collection. Waste spilled or blown during the movement of waste from the point of collection into the waste transportation vehicle shall be re-collected and placed in the transportation vehicle by the waste hauler whether or not the waste was placed by the generator in proper waste containers as required by this Chapter. Waste haulers are not obligated to collect waste that has not been placed in waste containers as required by this Chapter. (O. No. 23221, 5-29-07) Page 45 of 53 Rev.December2019 SUBCHAPTER D. DISPOSAL OF WASTE 607.310 Waste Must be Deposited at a Licensed Landfill, Licensed Waste Processing Facility, Licensed Transfer Station, Licensed Compost Facility, or Licensed Yard By-Product Compost Facility 1. No person shall deposit waste on any real estate or permit waste to be deposited on any real estate for which there is no valid and current license, and, if appropriate, renewal license, for the operation of a landfill, waste processing facility, transfer station, compost facility, or yard by-product compost facility issued by the Director, nor shall any person deposit waste on or at any such landfill, waste processing facility, transfer station, compost facility, or yard by- product compost facility in a manner which does not comply with the waste facility plan or material facility plan approved by the Director and the license issued therefor by the Director, nor in a manner which does not comply with the provisions of this Chapter describing the manner or operation of the landfill, waste processing facility, transfer station, compost facility, or yard by-product compost facility. Exception: Yard by-products generated and handled as provided in Section 607.1005, Residential (backyard) by-product composting. 2.If the Director has a reasonable belief that waste burial or filling exists on any property not licensed to accept such waste, the Director may require in writing, the exploration and/or the test drilling or excavation of such area for such waste burial or filling. If waste filling or burial is evident, in violation of this section, the Director may require complete removal or other remedial work. Remedial work may also include a correction plan. If the operator or owner or person in possession refuses to correct the condition, the County will be authorized to correct any condition so noticed. Cost of such work shall be collectible under Section 607.770. (O. No. 23221, 5-29-07) SUBCHAPTER M. WATERS 607.810 Waste Not To Be Deposited in Waters Within County. No person shall dump or deposit or permit dumping or depositing of any wastes into any stream, spring, body of surface or ground water, whether natural or artificial, within the boundaries of St. Louis County except as provided herein or as allowed by another jurisdiction concerned with matters of health and having authority to regulate such dumping or depositing and which in fact regulates such dumping or depositing (O. No. 23221, 5-29-07) Page 46 of 53 Rev.December 2019 SUBCHAPTER R. PENALTIES AND ENFORCEMENT 607.940 Citation for Violations of Provisions of This Chapter; Form of Citation. 1. Any person designated by the Director to enforce provisions of this Chapter may issue a citation to any person when having probable cause to believe that such person has committed a violation of Sections 607.050, 607.060, 607.070, 607.080, 607.090, 607.100, 607.110, 607.120, 607.130, 607.135, 607.140, 607.145, 607.150, 607.181, 607.182, 607.183, 607.184, 607.185, 607.210, 607.230, 607.240, 607.250, 607.260, 607.270, 607.280, 607.290, 607.300, 607.310, 607.340, 607.720, 607.730, 607.740, 607.750, 607.755, 607.760, 607.800, 607.810, 607.860, 607.865, 607.1000, 607.1005, 607.1020, 607.1040, 607.1145, 607.1155, 607.1200, 607.1203 and 607.1205 of this Chapter. The citation shall require the person in whose name the citation is issued to pay a fine either by mail or in person at the offices of the Department of Health within ten (10) days after receipt of the citation. O. No. 23221, 5-29-07) Page 47 of 53 Rev.December 20I9 Appendix 5-F1 : Corps of Engineers 404 Permit & MDNR 401 Certification All construction or maintenance activities that excavate in or discharge any dredge or fill material into a "water of the United States" requires a Corps of Engineers 404 permit and a MDNR 401 water quality certification. The permitting and certification process is shared between the Corps and the MDNR. If you are considering a project that may involve placing materials in a lake, river, stream, ditch or wetland (including dry streams, ditches or wetlands) contact the Corps to find out if the project you are planning is in jurisdictional waters and is a regulated activity. The Corps has the sole authority to determine whether the activity is regulated; whether a site specific, individual 404 permit is required, or whether a Nationwide Permit (NWP) applies for projects with minor impacts. If a NWP does apply, contacting the Corps of Engineers is recommended to determine thresholds for notification under the NWP, and to obtain additional regional requirements imposed by the Corps' St. Louis Office. The MDNR requires any project that needs a 404 Permit from the Corps (individual or NWP) to also obtain a 401 Water Quality Certification (401 Certification) from MDNR. The 401 Certification is verification by the state that the project will not violate water quality standards. The department may require actions on projects to protect water quality in the form of certification conditions. For some of the NWPs, the MDNR has published their conditions that must be met in addition to the NWP conditions. After you contact the Corps about your project and, if applicable, submit an application, they will send you a letter authorizing your project under a particular permit. If the Corp's letter to you indicates that you must obtain an individual 401 certification, you must send an application to MDNR also. If they state that MDNR has 'conditionally certified' your activity, and have enclosed certification conditions, then nothing further is needed. Questions about permit applicability and procedures for obtaining individual permits can be found by calling the Corps of Engineers at 314-331-8575 or 314-331-8186. Permit application forms and procedures for applying to the Corps and the MDNR can be found on the following web pages: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Obtain-a- Permit/https://dnr.mo.qov/env/wpp/401/ The following is a list of NWPs commonly applicable to municipal operations. For most of these NWPs, the MDNR has conditionally certified these activities. The NWPs will list numerous thresholds for applicability and notification in terms of linear feet and acreage of the project. s NWP 3 Maintenance — repair or replacement of an existing structure, and removal of accumulated sediment or placement of riprap to protect a structure. +. NWP 7 Ouffall Structures — construction of new outfall and intake structures, and removal of accumulated sediment blocking these structures. • NWP 12 Utility Lines — construction, maintenance, and repair of utility lines (sewer, water, electric or communication), including outfalls and excavations for the utility line. • NWP 13 Bank Stabilization — stabilization projects for erosion protection. Page 48 of 53 Rev.December 2019 • NWP 14 Linear Transportation — construction or modification of linear transportation crossings, such as bridges and culverts for roads and trails. • NWP 27 Stream and Wetland Restoration Activities — activities associated with the restoration of former waters, or the enhancement or creation of wetlands and riparian areas, or the restoration and enhancement of streams, including activities associated with flow modification, habitat and vegetation. • NWP 31 Maintenance of Existing Flood Control Facilities — dredge or fill activities associated with maintaining existing flood control facilities such as retention/detention basins and channels. • NWP 41 Reshaping Existing Drainage Ditches — dredge or fill activities to modify the cross-sectional configuration of drainage ditches, not modifying capacity beyond the original design. • NWP 43 Stormwater Management — construction, maintenance, and dredging of stormwater management facilities, such as ponds, detention/retention basins, outfalls, and emergency spillways. Page 49 of 53 Rev.December 2019 Glossary: Definitions of Terms Used In This Document The following definitions are specific to the St. Louis Metropolitan Small MS4 and to the Village of Hanley Hills. Best Management Practice (BMP) means: Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the pollution of streams within St. Louis County from urban runoff. BMPs also include treatment requirements, operating procedures and practices to control site runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage. BMPs may be structural or non-structural. (This definition adapted from Section (1)(C)1 of Missouri Stormwater Regulation 10 CSR 20-6.200) Coordinating Authority means: The municipal entity, which is one of the co-permittees to a state issued Phase II stormwater permit, that is recognized by the Missouri Department of Natural Resources (MDNR) as the party which will coordinate the activities of all of the co- permittees in meeting the requirements of the permit. For the St. Louis County Plan Area, the Metropolitan St. Louis Sewer District (MSD) has been identified in the permit as the coordinating authority for the co-permittees. One of the coordinating authority's responsibilities is to prepare and submit an annual report to the MDNR on the status of compliance of all the co-permittees with the permit and approved SWMP. Co-permittee means: An individual permittee named in a Phase II permit that is issued to multiple entities within a single urbanized area such as St. Louis County. Within the St. Louis County Plan Area, each co-permittee is responsible only for the permit conditions relating to the discharges for which it is the owner or operator and for carrying out the responsibilities for which it has been designated within the SWMP. The co-permittees share in the financial and administrative responsibilities under the permit and cooperate with each other and with the coordinating authority in complying with the terms of the permit and with meeting the commitments in the SWMP. The co-permittees are listed in the SWMP Green Procurement - the procurement of products and services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. Green Product— a product that is less harmful than the next best alternative, having characteristics such as: • Being recyclable. • Being biodegradable. • Containing recycled material (post-consumer recycled content). • Having minimal packaging and/or for which there will be take-back by the manufacturer/supplier of packaging. • Being reusable or contain reusable parts. • Having minimal content and use of toxic substances in production. • Producing fewer and/or less polluting by-products during manufacture, distribution, use and/or disposal. Page 50 of 53 Rev.December 2019 • Producing the minimal amount of toxic substances during use or at disposal. • Making efficient use of resources - a product that uses energy, fuel or water more efficiently or that uses less paper, ink or other resources. • Being durable or having a long economically useful life and/or can be economically repaired or upgraded. Green Space - planned and preserved open land; an interconnected system of open land, determined to have cultural, ecological, developmental, agricultural, and/or recreational value. Maximum Extent Practicable (MEP) —the technology-based discharge standard for Municipal Separate Storm Sewer Systems to reduce pollutants in stormwater discharges that was established by CWA §402 (p). A discussion of MEP as it applies to regulated small MS4s is found at 40 CFR 122.34. MCMs means: Minimum Control Measures. The six MCMs are: Public education and outreach; Public participation/involvement; Illicit discharge, detection and elimination; Construction site runoff control; Post-construction site runoff control; and Pollution prevention/good housekeeping. Municipal Industrial Facility means: An industrial facility, as defined in the federal and state stormwater regulations, which is owned or operated by a municipality. The regulations define covered industrial facilities by their Standard Industrial Classification (SIC) codes as published by the U.S. Office of Management and Budget. From this extensive list of covered SIC codes, the following operations have been identified as those most likely to be owned or operated by a municipality: Transportation Operations, Landfills, Hazardous Waste Treatment/Storage/Disposal facilities, Vehicle Maintenance or Fueling facilities, Vehicle Washing facilities, Solid Waste Transfer facilities, Wastewater Treatment facilities, Recycling facilities, Yard Waste/Composting facilities and certain types of Warehousing & Storage facilities. Municipal Separate Storm Sewer System (MS4) means: A conveyance or system of conveyances including roads and highways with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, paved or unpaved channels or storm drains designated and utilized for routing of stormwater which is contained within the municipal corporate limits or is owned and operated by the state, city, town, village, county, district, association or other public body created by or pursuant to the laws of Missouri having jurisdiction over disposal of sewage, industrial waste, stormwater or other liquid wastes and is not a part or portion of a combined sewer system. (This definition adapted from Section (1)(C)16 of Missouri Stormwater Regulation 10 CSR 20-6.200). Each of the co-permittees operates its own MS4. In addition, the term is used to refer to the entire St. Louis County Plan Area which is identified in the Phase II permit as the St. Louis Metropolitan Small MS4. Municipality means: Any public entity as described in the definition of Municipal Separate Storm Sewer System. St. Louis County and the Metropolitan St. Louis Sewer District are considered "municipalities" for the purposes of the Phase II stormwater permit along with the cities, towns and villages who are co-permittees. The Missouri Department of Transportation (MoDOT) is also a "municipality" and operates an MS4 within the Plan Area. However, Page 51 of 53 Rev.December 2019 MoDOT is covered by a separate state permit and is not a co-permittee under the St. Louis Metropolitan Small MS4 permit. NPDES means: National Pollutant Discharge Elimination System. This term was introduced in Section 402 of the federal Water Pollution Control Act of 1972 (last amended in 1987 and now known as the Clean Water Act). Section 402 provides for the issuance of NPDES permits for the discharge of pollutants to waters of the United States and specifies the conditions under which permits may be issued. The 1987 amendments established the phased permitting requirements for municipal stormwater discharges. In Missouri, the Missouri Department of Natural Resources has been delegated the authority to issue NPDES permits. Phase I means: The first phase of the federal stormwater regulations. These took effect December 17, 1990. Phase I regulations provide for stormwater permitting for industrial facilities, for land disturbance sites 5 acres or greater in size and for MS4s having populations greater than 100,000 (medium and large MS4s). Industrial facilities operated by municipalities, regardless of size, are included under Phase I. See definition of "Municipal Industrial Facility." Phase II means: The second phase of the federal stormwater regulations. These took effect February 7, 2000. Phase II regulations provide for stormwater permitting for MS4s, in urbanized areas as defined by the Bureau of the Census, with populations below 100,000 (Small MS4s) and for land disturbance sites between 1 acre and 5 acres in size. Each of the individual municipal entities within the St. Louis County Plan Area has a population below 100,000 and is, therefore, a Small MS4 subject to Phase II requirements. Phase II Permit means: Stormwater permit # MO-R040005 issued by the Missouri Department of Natural Resources to the St. Louis County co-permittees. This permit was issued pursuant to the provisions of Missouri Stormwater Regulation 10 CSR 20-6.200. Plan Area means: The portion of St. Louis County served by separate storm sewers and within the corporate boundaries of the Metropolitan St. Louis Sewer District. The Plan Area includes the cities, towns and villages who are co-permittees as well as unincorporated St. Louis County. The Plan Area is identified in the Phase II permit as the St. Louis Metropolitan Small MS4. Recycling Facility means any co-permittee-owned or operated facility which collects, for recycling, common household recyclables such as paper, plastic, glass, cardboard, etc. or which collects and processes yard wastes for use as mulch or compost. Separate Storm Sewer means: A pipe, conduit, conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains) designed and intended to receive and convey stormwater and which discharges to waters of the state and which is not part of a combined sewer system. Page 52 of 53 Rev.December 2019 Stormwater means: rainfall runoff, snow melt runoff and surface runoff and drainage. Stormwater Management Plan (SWMP) or Plan means: The Plan developed for the St. Louis County Plan Area by the St. Louis Municipalities Phase II Stormwater Planning Committee and approved by the Missouri Department of Natural Resources through the issuance of NPDES permit MO-R040005. Sustainable (green) Service - A service acquired from a supplier who has a green operational policy and whose internal practices promote sustainability. Threshold - the dollar value of contracts, above which a formal record is kept on file showing that environmental criteria were considered when requirements were defined. Urban Runoff means: Stormwater and other runoff from streets, parking lots, rooftops, residential, commercial and industrial areas and any areas that have been rendered impervious through development activities. Such runoff becomes contaminated with fertilizers, pesticides, vehicle drippings and emissions, animal wastes, street litter, yard wastes, silt, chemical spills and other urban wastes. These contaminants are carried through the separate storm sewers and discharged into area streams where they degrade the water quality, harm aquatic life and other wildlife, reduce aesthetic and recreational values and make the waters unsafe for human use. For More Information... ▪ Metropolitan St. Louis Sewer District — Stormwater management BMPs https://vvww.stImsd.com/what-we-do/stormwater-management https://www.stimsd.com/what-we-do/what-can-i-do • MDNR Stormwater Information Clearinghouse https://dnr.mo.gov/env/wpp/stormwater/ • Spill Response and Reporting — For EPA contacts and reporting instructions: https://readycontainment.com/technical-library/epa-emergency-spill-response/ MDNR contact and reporting instructions: https://dnr.mo.gov/env/esp/esp-eer.htm • EPA a Stormwater BMPs https.//www.epa.gov/npdes/national-menu-best-management-practices-bmps- stormwater#poll • Stormwater Waste Management Guidance — Pollution Prevention Guidance publications: https://www.epa.qov/p2 Page 53 of 53 Rev.December 2019 THE FOLLOWING PAGES ARE: • HANLEY HILLS ORDINANCES • HANLEY HILLS BOARD DESCRIPTIONS • BOUNDARY OF HANLEY HILLS (MAP) • CREEK CLEAN-UP DOCUMENTATION Page 54 of 54 Rev.December 2019 CHAPTER 230: SOLID WASTE SECTION 230.010: DEFINITIONS For the purposes of this Chapter, the following terms shall be deemed to have the meanings indicated below: BULKY RUBBISH: Non-putrescible solid wastes consisting of combustible and/or non-combustible waste materials from dwelling units, commercial, industrial, institutional or agricultural establishments which are either too large or too heavy to be safely and conveniently loaded in solid waste transportation vehicles by solid waste collectors, with the equipment available therefor. COLT FCTION:• Removal of solid waste from its place of storage to the transportation vehicle. COMMERCIAL SOLID WASTE: All solid waste generated from a source other than a dwelling unit. CONTRACTOR: Such person, firm or corporation as may be contracted with to provide solid waste transportation and disposal for the Village. CURBSIDE: A location adjacent to and not more than five (5) feet from any street. DISPOSABLE SOLID WASTE CONTAINER: Disposable plastic or paper sacks with a capacity of twenty (20) to thirty-nine (39) gallons, or if specifically designated for storage of solid waste, a maximum of fifty-five (55) gallons. DWELLING UNIT: Any room or group of rooms located within a structure and forming a single habitable unit with facilities which are used, or are intended to be used, for living, sleeping, cooking and eating. Units of multiple housing facilities may be billed as dwelling units upon request by the owner of said dwelling units. GARBAGE: Putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food. HAZARDOUS WASTES: Any waste or combination of wastes, as determined by the Hazardous Waste Management Commission by rules and regulations, which, because of its quantity, concentration or physical,chemical or infectious characteristics,may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness or pose a present or potential threat to the health of humans or the environment. MAJOR APPLIANCES: Clothes washers and dryers, water heaters, trash compactors, dishwashers, conventional ovens, ranges, stoves, wood stoves, air-conditioners, refrigerators and freezers. OCCUPANT: Any person who, alone or jointly or severally with others, shall be in actual possession of any dwelling unit or of any other improved real property either as owner or as a tenant. PERSON: Any individual, partnership, corporation, association, institution, City, County, other political subdivision, authority, State agency or institution, or Federal agency or institution. 231 § 230.010 Hanley Hills Village Code § 230.020 PROCESSING: Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced. PROHIBITED ITEMS: Items which are eliminated by State law from being disposed of in a solid waste disposal area, including but not limited to, major appliances, waste oil, lead acid batteries, waste tires and the like as the same may be now or hereafter defined by State law. RESIDENTIAL SOLID WASTE: Solid waste resulting from the maintenance and operation of dwelling units. SOLID WASTE: Garbage, refuse and other discarded materials including, but not limited to, solid and semi-solid waste materials resulting from industrial, commercial, agricultural, governmental and domestic activities, but does not include hazardous waste as defined in Sections 260.360 to 260.432, RSMo., recovered materials, overburden, rock, tailings, matte, slag or other waste material resulting from mining, milling or smelting. SOLID WASTE CONTAINER: Receptacle used by any person to store solid waste during the interval between solid waste collections. SOLID WASTE DISPOSAL: The process of discarding or getting rid of unwanted material. In particular the final disposition of solid waste by man. SOLID WASTE DISPOSAL AREA: Any area used for the disposal of solid waste from more than one(1)residential premises, or one(1) or more commercial, industrial, manufacturing, recreational, or governmental operations. SOLID WASTE MANAGEMENT SYSTEM: The entire process of managing solid waste in a manner which minimizes the generation and subsequent disposal of solid waste, including waste reduction, source separation, collection, storage, transportation, recycling, resource recovery, volume minimization, processing, market development, and disposal of solid wastes. STORAGE: Keeping, maintaining or storing solid waste from the time of its production until the time of its collection. TRANSPORTATION: The transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area. VILLAGE: The Village of Hanley Hills, Missouri. YARD WASTE: Leaves, grass clippings, yard and garden vegetation and Christmas trees. The term does not include stumps, roots or shrubs with intact root balls. (R.O. 2012 §230.010) SECTION 230.020: SOLID WASTE STORAGE A. The occupant of every dwelling unit and of every institutional, commercial or business, industrial or agricultural establishment producing solid waste within the corporate limits of the Village shall provide sufficient and adequate containers for the storage of all solid waste, except bulky rubbish and demolition and construction waste, to serve each such dwelling unit and/or establishment and to maintain such solid waste containers at all times in good repair. 232 § 230.020 Solid Waste § 230.030 B. The occupant of every dwelling unit and of every institutional, commercial, business, industrial or agricultural establishment shall place all solid waste to be collected in proper solid waste containers and shall maintain such solid waste containers and the area surrounding them in a clean, neat and sanitary condition at all times. Accumulation of waste in suitable containers shall not be stored upon any site in the Village for a period longer than ten (10) days. C. Residential solid waste shall be stored in containers as provided by the current solid waste hauler or of not more than ninety (90)gallons nor less than twenty (20) gallons in capacity. All containers shall be leakproof and waterproof, fly-tight and properly covered, except when depositing waste therein or removing the contents thereof. Container shall have handles, bails or other suitable lifting devices or features. Containers shall be of a type originally manufactured for residential solid waste and shall be of lightweight and sturdy construction. The weight of any individual container, including its contents, shall not exceed ninety (90)pounds. Galvanized metal containers or rubber, fiberglass or plastic containers which do not become brittle in cold weather may be used. D. Commercial solid waste shall be stored in solid waste containers as approved by the Board. The containers shall be waterproof, leakproof and shall be covered at all times except when depositing waste therein or removing the contents thereof; and shall meet all requirements as set forth by Section 230.060. E. Solid waste containers which are not approved will be collected together with their contents and disposed of. F. Yard waste shall be stored in the same containers available for residential solid waste or may be stored in biodegradable paper lawn bags. If the yard waste comprises twigs, branches or other tree parts, then it shall be trimmed to no more than two (2) feet in length and shall be bundled with string or twine with each bundle not to exceed twenty (20)pounds in weight or six (6) inches in diameter, whichever is greater. Yard waste items may only be put out for pickup in the aforesaid containers or the aforesaid manner. (R.O. 2012 §230.020; Ord. No. 893 Arts. 1-2, 4-20-04) SECTION 230.030: COLLECTION OF SOLID WASTE A. The Village shall provide for the collection of solid waste as follows: 1. Collection of residential solid waste. The Village shall provide for the collection of residential solid waste in the Village,provided however, that the Village may provide the collection service by contracting with a person, County, City or other Village or a combination thereof, for the entire Village or portions thereof, as deemed to be in the best interests of the Village. 2. Other collections. The Village may, at its discretion, provide commercial solid waste collection services upon specific application of the owners or persons in charge thereof. However, in the event that such application is not made or approved, it shall be the duty of such establishment to provide for collection of all solid waste produced upon any such premises in a manner approved by Village. If and when the Village does provide commercial collection service, the provisions herein concerning such service shall apply. B. All solid waste from premises to which collection services are provided under contract with the Village shall become the property of the collection agency upon being loaded into the transportation equipment. 233 § 230.030 Hanley Hills Village Code § 230.030 C. Solid waste containers as required by this Chapter for the storage of residential solid waste shall be placed at curbside for collection but shall not be so placed until after 6:00 P.M. on the day next preceding the regularly scheduled collection day. Containers shall be removed from curbside no later than 8:00 P.M. on the day of collection. No alley service shall be allowed under the terms of this Chapter, except as approved by the Board of Trustees. D. Individuals desiring the collection of bulky rubbish shall deal directly with those licensed by the Village for the collection of the same. E. Solid waste collectors employed by the Village or a solid waste collection agency operating under contract with the Village are hereby authorized to enter upon private property for the purpose of collecting solid waste therefrom as required by this Chapter. Solid waste collectors shall not enter dwelling units or other residential buildings for the purpose of collecting residential solid waste. F. It shall be the responsibility of the occupants of each dwelling unit to prepare, package and deliver solid waste to curbside for collection as prescribed in this Chapter and as it may be amended from time to time. G. It shall be the responsibility of each commercial, industrial, institutional or other non-residential generator of solid waste to prepare, package and store solid waste so generated as prescribed by this Chapter and as it may be amended from time to time. H. It shall be the responsibility of every solid waste collector to abide by this Chapter and receive and transport solid waste in a manner consistent with the provisions of this Chapter. I. The following collection frequencies shall apply to collections of solid waste within the Village: All residential solid waste, other than bulky rubbish, shall be collected at least once weekly. All commercial solid waste shall be collected once weekly and shall be collected at such lesser intervals as may be fixed by the Board upon a determination that such lesser intervals are necessary for the preservation of the health and/or safety of the public. J. Residential solid waste containers shall be stored upon the residential premises. Except as provided in Subsection (C) hereof, all solid waste containers stored out of doors shall be stored behind any building located on the tract of land. Commercial solid waste containers shall remain in the location from which they are to be serviced except while being serviced. K. All solid waste collectors operating under contract with the Village or otherwise collecting solid waste within the Village limits shall be responsible for the collected solid waste from the point of collection to the point of disposal provided the solid waste was stored in compliance with the applicable Sections of this Chapter. Any spillage or blowing litter caused as a result of the duties of the solid waste collector shall be collected and placed in the transportation vehicle by the solid waste collector. L. It shall be unlawful for any person, firm or corporation collecting and disposing of rubbish, garbage or waste material from premises in the residential districts or premises in any commercial district which abuts or adjoins a residential district in the Village to make such collection or dispose of rubbish, garbage or waste materials between the hours of 9:00 P.M. and 6:00 A.M. (R.O. 2012 §230.030; Ord. No. 893 Art. 3, 4-20-04) 234 § 230.040 Solid Waste § 230.060 SECTION 230.040: TRANSPORTATION OF SOLID WASTE A. All transportation vehicles shall be maintained in a safe, clean and sanitary condition and shall be so constructed, maintained and operated as to prevent spillage of solid waste therefrom. All vehicles to be used for transportation of solid waste shall be constructed with water-tight bodies and with covers which shall be an integral part of the vehicle or shall be a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle and shall be secured whenever the vehicle is transporting solid waste, or, as an alternative, the entire bodies thereof shall be enclosed, with only loading hoppers. Provided however, other vehicles may be used to transport bulky rubbish which because of its size or weight is not susceptible to being loaded or unloaded in vehicles described above, but in no event shall such vehicles be operated without adequate cover or binding to prevent spillage or waste therefrom and in accordance with the rules and regulations made by the Board. B. Permits shall not be required for the removal, hauling or disposal of earth and rock material from grading or excavation activities. However, all such material shall be conveyed in tight vehicles, trucks or receptacles so constructed and maintained that none of the material being transported shall spill upon the public rights-of-way. C. Transportation and disposal of demolition and construction wastes shall be in accordance with this Section and Section 230.050. (R.O. 2012 §230.040) SECTION 230.050: DISPOSAL OF SOLID WASTE A. Solid wastes shall be deposited at a processing facility or disposal area approved by the Village and complying with all requirements of the Missouri Solid Waste Management Law, Sections 260.200 to 260.255, RSMo., and the rules and regulations adopted thereunder. The Village may designate the processing or disposal facility to be utilized by persons holding permits under this Chapter. B. The Board may classify certain wastes as hazardous wastes which will require special handling and shall be disposed of only in a manner acceptable to the Board which will meet all local, State and Federal regulations. (R.O. 2012 §230.050) SECTION 230.060: RULES AND REGULATIONS A. The Board may make, amend, revoke and enforce reasonable and necessary rules and regulations governing, but not limited to: 1. Preparation, drainage and wrapping of garbage deposited in solid waste containers. 2. Specifications for solid waste containers including the type, composition, equipment, size and shape thereof. 3. Identification of solid waste containers, and of the covers thereof, and of equipment thereto appertaining, if any. 4. Weight limitations on the combined weight of solid waste containers and the contents thereof, and weight and size limitations on bundles of solid waste too large for solid waste containers. 235 § 230.060 Hanley Hills Village Code § 230.070 5. Storage of solid waste in solid waste containers. 6. Sanitation, maintenance and replacement of solid waste containers. 7. Schedules of and routes for collection and transportation of solid waste. 8. Collection points of solid waste containers. 9. Collection, transportation, processing and disposal of solid waste. 10. Processing facilities and fees for the use thereof. 11. Disposal facilities and fees for the use thereof. 12. Records of quantity and type of wastes received at processing and/or disposal facilities. 13. Handling of special wastes such as toxic wastes, sludges, ashes, agriculture, construction,bulky items, tires, automobiles, oils, greases, etc. B. The Village Clerk or such other Village Official who is responsible for preparing utility or other service charge billings for the Village is hereby authorized to make and promulgate reasonable and necessary rules and regulations for the billing and collection of solid waste collection and/or disposal service charges, as hereinafter provided for, subject to the approval of the Board. C. A copy of any and all rules and regulations made and promulgated under the provisions hereof shall be filed in the office of the Village Clerk of the Village. (R.O. 2012 §230.060) SECTION 230.070: PROHIBITED PRACTICES It shall be unlawful for any person to: 1. Deposit solid waste in any solid waste container other than his/her own without the written consent of the owner of such container and/or with the intent of avoiding payment of the service charge by either the Village or the Village's franchisee for solid waste collection and disposal; 2. Interfere in any manner with solid waste collection and transportation equipment, or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors shall be those of the Village, those of a solid waste collection agency operating under contract with the Village, or any duly licensed collector; 3. Dispose of solid waste at any facility or location which is not approved by the Village and the Missouri Division of Health; or 4. Engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the Village without a permit from the Village, or operate under an expired permit, or operate after a permit has been suspended or revoked. (R.O. 2012 §230.070; Ord. No. 893 Art. 4, 4-20-04) 236 § 230.080 Solid Waste § 230.090 SECTION 230.080: BONDS The Board may require performance or payment bonds of any solid waste collection agency prior to issuing permits to so operate. (R.O. 2012 §230.080) SECTION 230.090: PENALTY Any person, firm or corporation found to have violated any provision of Sections 230.010 to 230.080 shall be subject to a fine not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000.00), a sentence of a term of imprisonment from one (1) day to ninety (90) days in the St. Louis County Jail, or any combination of fines and jail time not to exceed the maximum for either. (R.O. 2012 §230.090; Ord. No. 893 Art. 5, 4-20-04) 237 WiL/q41- 04 ifvX CHAPTER 235: LITTER SECTION 235.010: DEFINITIONS For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. AUTHORIZED PRIVATE RECEPTACLE: A litter storage and collection receptacle as required and authorized by ordinance. COMMERCIAL HANDBILL: Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature: 1. Which advertises for sale any merchandise, product, commodity or thing; 2. Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purposes of either directly or indirectly promoting the interest thereof by sales; 3. Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply when an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; or 4. Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor. GARBAGE: Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. LITTER: Garbage, refuse and rubbish as defined herein and all other waste materials which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. NEWSPAPER: Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States in accordance with Federal Statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four (4) issues per year and sold to the public. NON-COMMERCIAL HANDBILL: Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise 239 § 235.010 Hanley Hills Village Code § 235.040 reproduced original or copies of any matter of literature not included in the aforesaid definitions of commercial handbill or newspaper. PARK: A park, playground, recreation center or any other public area in the Village owned or used by the Village and devoted to active or passive recreation. PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind. PRIVATE PREMISES: Any dwelling, house, building or structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling house, building or other structure. PUBLIC PLACE: Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, spaces, grounds and buildings. REFUSE: All putrescible and non-putrescible solid wastes (except body wastes) including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes. RUBBISH: Non-putrescible solid wastes consisting of both combustible and non-combustible wastes such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials. VEHICLE: Every device in, upon or by which any person or property is or may be transported or drawn upon a highway including devices used exclusively upon stationary rails or tracks. VILLAGE: The Village of Hanley Hills. (R.O. 2012 §235.010; CC 1987 §64.010) SECTION 235.020: LITTER IN PUBLIC PLACES No person shall throw or deposit litter in or upon any street, sidewalk, park, walkway or other public place within the Village except in public receptacles, in authorized private receptacles for collection, or in official Village dumps. (R.O. 2012 §235.020; CC 1987 §64.020) SECTION 235.030: PLACEMENT OF LITTER IN RECEPTACLES SO AS TO PREVENT SCATTERING Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (R.O. 2012 §235.030; CC 1987 §64.030) SECTION 235.040: SWEEPING LITTER INTO GUTTERS PROHIBITED No person shall sweep into or deposit in any gutter, storm sewer, catch basin, street or other public place within the Village the accumulation of litter, grass, wood, leaves or any other material. (R.O. 2012 §235.040; CC 1987 §64.040) 240 § 235.050 Litter § 235.100 SECTION 235.050: MERCHANTS' DUTY TO KEEP SIDEWALKS FREE OF LITTER No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Village the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the Village shall keep the sidewalk in front of their business premises free of litter. (R.O. 2012 §235.050; CC 1987 §64.050) SECTION 235.060: LITTER THROWN BY PERSONS IN VEHICLES No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Village or upon private property. (R.O. 2012 §235.060; CC 1987 §64.060) SECTION 235.070: TRUCK LOADS CAUSING LITTER No person shall drive or move any truck or other vehicle within the Village unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place. Nor shall any person drive or move any vehicle or truck within the Village, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind. (R.O. 2012 §235.070; CC 1987 §64.070) SECTION 235.080: LITTER IN PARKS No person shall throw or deposit litter in any park within the Village except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein. (R.O. 2012 §235.080; CC 1987 §64.080) SECTION 235.090: THROWING OR DISTRIBUTING COMMERCIAL OR NON-COMMERCIAL HANDBILLS IN PUBLIC PLACES No person shall throw or deposit any commercial or non-commercial handbill in or upon any sidewalk, street or other public place within the Village. Nor shall any person hand out or distribute or sell any commercial handbill in any public place, except as otherwise provided by law. (R.O. 2012 §235.090; CC 1987 §64.090) SECTION 235.100: PLACING COMMERCIAL AND NON-COMMERCIAL HANDBILLS ON VEHICLES No person shall throw or deposit any commercial or non-commercial handbill in or upon any vehicle. Provided however, that it shall not be unlawful in any public place for a person to hand 241 § 235.100 Hanley Hills Village Code § 235.150 out or distribute without charge to the receiver thereof a non-commercial handbill to any occupant of a vehicle who is willing to accept it. (R.O. 2012 §235.100; CC 1987 §64.100) SECTION 235.110: DEPOSITING COMMERCIAL AND NON-COMMERCIAL HANDBILLS ON UNINHABITED OR VACANT PREMISES No person shall throw or deposit any commercial or non-commercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. (R.O. 2012 §235.110; CC 1987 §64.110) SECTION 235.120: PROHIBITING DISTRIBUTION OF HANDBILLS No person shall throw, deposit or distribute any commercial or non-commercial handbill upon any private premises if requested by anyone thereon not to do so. (R.O. 2012 §235.120; CC 1987 §64.120) SECTION 235.130: DISTRIBUTING COMMERCIAL AND NON-COMMERCIAL HANDBILLS AT INHABITED PRIVATE PREMISES A. No person shall throw, deposit or distribute any commercial or non-commercial handbill in or upon private premises which are inhabited except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises. Provided however, that in case of inhabited private premises such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by Federal postal law or regulations. B. Exemption For Mail And Newspapers. The provisions of this Section shall not apply to the distribution of mail by the United States nor to newspaper placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (R.O. 2012 §235.130; CC 1987 §64.130) SECTION 235.140: POSTING NOTICES PROHIBITED No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law. (R.O. 2012 §235.140; CC 1987 §64.140) SECTION 235.150: LITTER ON OCCUPIED PRIVATE PROPERTY No person shall throw or deposit litter on any occupied private property within the Village, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented 242 § 235.150 Litter § 235.180 from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. (R.O. 2012 §235.150; CC 1987 §64.150) SECTION 235.160: OWNER TO MAINTAIN PREMISES FREE OF LITTER The owner and/or person in control of any private property shall at all times maintain the premises free of litter. Provided however, that this Section shall not prohibit the storage of litter in authorized private receptacles for collection. (R.O. 2012 §235.160; CC 1987 §64.160) SECTION 235.170: LITTER ON VACANT LOTS No person shall throw or deposit litter on any open or vacant private property within the Village whether owned by such person or not. (R.O. 2012 §235.170; CC 1987 §64.170) SECTION 235.180: CLEARING OF LITTER FROM OPEN PRIVATE PROPERTY BY VILLAGE A. Notice To Remove. The Health Inspector is hereby authorized and empowered to notify the owner of any open or vacant private property within the Village or the agent of such owner to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be by registered mail addressed to said owner at his/her last known address. B. Action Upon Non-Compliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within three (3) days after receipt of written notice provided for in Subsection (A), or within ten (10) days after the date of such notice in the event the same is returned to the Village by the Post Office Department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the Health Inspector is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Village. C. Charge Included In Tax Bill. When the Village has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof plus accrued interest at the rate of ten percent (10%) per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular bill forwarded to such owner, and said charge shall be due and payable by said owner at the time of payment of such bill. D. Recorded Statement Constitutes Lien. Where the full amount due the Village is not paid by such owner within fifteen(15) days after the disposal of such litter as provided for in Subsections (A) and (B), then, and in that case, the Village Clerk shall cause to be recorded in the St. Louis County Recorder of Deeds a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest plus costs of court, if any, for collection until final payment has been made. Said costs and expenses shall be collected in a manner fixed by law for the collection of taxes and further shall be subject to a delinquent penalty of ten percent (10%) in the event the same is not paid in full on or before the date the tax bill upon which said 243 § 235.180 Hanley Hills Village Code § 235.180 charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. (R.O. 2012 §235.180; CC 1987 §64.180) 244 CHAPTER 410: FLOOD HAZARD PREVENTION ARTICLE I. FINDINGS OF FACT, PURPOSE AND OBJECTIVES SECTION 410.010: FINDINGS OF FACT—STATUTORY AUTHORIZATION A. The legislature of the State of Missouri has in Chapter 89 (Section 89.020) of the State Statutes delegated the responsibility to local government units to adopt floodplain management regulations designed to protect the health, safety and general welfare. Therefore, the Board of Trustees of the Village of Hanley Hills ordains flood regulations as set out herein. B. The special flood hazard areas of the Village of Hanley Hills, Missouri, are subject to periodic inundation which results in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. C. General Causes Of The Flood Losses. These flood losses are caused by the cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities; and by the occupancy in flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or otherwise unprotected from flood damages. D. Methods Used To Analyze Flood Hazards. The Flood Insurance Study (FIS) that is the basis of this Chapter uses a standard engineering method of analyzing flood hazards which consist of a series of interrelated steps. 1. Selection of a base flood that is based upon engineering calculations which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The base flood selected for this Chapter is representative of large floods which are characteristic of what can be expected to occur on the particular streams subject to this Chapter. It is in the general order of a flood which could be expected to have a one percent (1%) chance of occurrence in any one (1) year as delineated on the Federal Insurance Administrator's FIS, and illustrative materials dated August 2, 1995, as amended, and any future revisions thereto. 2. Calculation of water surface profiles are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood. 3. Computation of a floodway required to convey this flood without increasing flood heights more than one (1) foot at any point. 4. Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height. 5. Delineation of flood fringe, i.e., that area outside the floodway encroachment lines, but still subject to inundation by the base flood. (R.O. 2012 §410.010; Ord. No. 912 Art. I, 2-17-05) 465 § 410.020 Hanley Hills Village Code § 410.030 SECTION 410.020: STATEMENT OF PURPOSE It is the purpose of this Chapter to promote the public health, safety and general welfare; to minimize those losses described in Article I, Section 410.010(B); to establish or maintain the community's eligibility for participation in the National Flood Insurance Program(NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) by applying the provisions of this Chapter to: 1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flooding or cause undue increases in flood heights or velocities; 2. Require uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction; and 3. Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard. (R.O. 2012 §410.020) ARTICLE II. DEFINITIONS SECTION 410.030: DEFINITIONS Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application. 100-YEAR FLOOD: See "BASE FLOOD". ACCESSORY STRUCTURE: Means the same as "APPURTENANT STRUCTURE". ACTUARIAL OR RISK PREMIUM RATES: Those rates established by the Administrator pursuant to individual community studies and investigation which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances. ADMINISTRATOR: The Federal Insurance Administrator. AGENCY: The Federal Emergency Management Agency (FEMA). APPEAL: A request for a review of the Code Enforcement Officer's interpretation of any provision of this Chapter or a request for a variance. APPURTENANT STRUCTURE: A structure that is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. AREA OF SHALLOW FLOODING: A designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with a one percent (1%) or greater annual chance of flooding to an average depth of one(1) to three (3) feet where a clearly defined channel is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. 466 § 410.030 Flood Hazard Prevention § 410.030 AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. BASE FLOOD: The flood having a one percent (1%) chance of being equalled or exceeded in any given year. BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides. BUILDING.. See "STRUCTURE". CHIEF EXECUTIVE OFFICER OR CHIEF ELEUED OFFICIAL: The official of the community who is charged with the authority to implement and administer laws, ordinances and regulations for that community. COMMUNITY. Any State or area or political subdivision thereof, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction. DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to buildings or structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING: For insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns. ELIGIBLE COMMUNITY OR PARTICIPATING COMMUNITY. A community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP). EXISTING CONSTRUCTION (FOR THE PURPOSES OF DETERMINING RATES): Structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures". EXISTING MANUFACTURED HOME PARK OR SUBDIVISION.. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads, is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads. FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters. 467 § 410.030 Hanley Hills Village Code § 410.030 2. The unusual and rapid accumulation or runoff of surface waters from any source. FLOOD BOUNDARY AND FLOODWAY MAP (FBFM): An Official Map of a community on which the Administrator has delineated both special flood hazard areas and the designated regulatory floodway. FLOOD ELEVATION DETERMINATION:: A determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent (1%) or greater chance of occurrence in any given year. FLOOD ELEVATION STUDY: An examination, evaluation and determination of flood hazards. FLOOD FRINGE: The area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood. FLOOD HAZARD BOUNDARY MAP (FHBM): An Official Map of a community, issued by the Administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A Zones. FLOOD INSURANCE RATE MAP (FIRM): An Official Map of a community, on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY(FIS): An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations. FLOOD INSURANCE STUDY. The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary/Floodway Map and the water surface elevation of the base flood. FLOODPLAIN OR FLOOD-PRONE AREA: Any land area susceptible to being inundated by water from any source (see "FLOODING"). FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to, emergency preparedness plans, flood control works, and floodplain management regulations. FLOODPLAIN MANAGEMENT REGULATIONS: Zoning ordinances, subdivision regulations, Building Codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of Police power. The term describes such State or local regulations, in any combination thereof, that provide standards for the purpose of flood damage prevention and reduction. FLOODPROOFING: Any combination of structural and non-structural additions, changes or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents. FLOODWAY OR REGULATORY FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. 468 § 410.030 Flood Hazard Prevention § 410.030 FLOODWAY ENCROACHMENT LINES: The lines marking the limits of floodways on Federal, State and local floodplain maps. FREEBOARD: A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for selected size flood and floodway conditions, such as bridge openings and the hydrological effect of urbanization. FUNCTIONALLY DEPENDENT USE.• A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers, but does not include long-term storage or related manufacturing facilities. HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE.. Any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a State Inventory of Historic Places in States with Historic Preservation Programs which have been approved by the Secretary of the Interior; or 4. Individually listed on a Local Inventory of Historic Places in communities with Historic Preservation Programs that have been certified either: a. By an approved State program as determined by the Secretary of the Interior; or b. Directly by the Secretary of the Interior in States without approved programs. LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this Chapter. MANUFACTURED HOME: A structure, transportable in one (1) or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utility. The term "manufactured home" does not include a "recreational vehicle". MANUFACTURED HOME PARK OR SUBDIVISION.. A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. MAP: The Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM) or the Flood 469 § 410.030 Hanley Hills Village Code § 410.030 Boundary Floodway Map (FBFM) for a community issued by the Federal Emergency Management Agency (FEMA). MARKET VALUE OR FAIR MARKET VALUE: An estimate of what is fair, economic, just and equitable value under normal local market conditions. MEAN SEA LEVEL: For purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced. NEW CONSTRUCTION: For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed, including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads, is completed on or after the effective date of the floodplain management regulations adopted by the community. NFIP: The National Flood Insurance Program (NFIP). PARTICIPATING COMMUNITY: Also known as "eligible community", means a community in which the Administrator has authorized the sale of flood insurance. PERSON: Includes any individual or group of individuals, corporation, partnership, association or any other entity, including Federal, State and local governments and agencies. PRINCIPALLY ABOVE GROUND: At least fifty-one percent (51%) of the actual cash value of the structure, less land value, is above ground. RECREATIONAL VEHICLE: A vehicle which is: 1. Built on a single chassis; 2. Four hundred (400) square feet or less when measured at the largest horizontal projections; 3. Designed to be self-propelled or permanently towable by a light duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. REMEDYA VIOLATION: To bring the structure or other development into compliance with Federal, State or local floodplain management regulations; or, if this is not possible, to reduce the impacts of its non-compliance. RISK PREMIUM RATES: Those rates established by the Administrator pursuant to individual 470 § 410.030 Flood Hazard Prevention § 410.030 community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. "Risk premium rates"include provisions for operating costs and allowances. SPECIAL FLOOD HAZARD AREA: See "AREA OF SPECIAL FLOOD HAZARD". SPECIAL HAZARD AREA: An area having special flood hazards and shown on an FHBM, FIRM or FBFM as Zones (unnumbered or numbered) A and AE. START OF CONSTRUCTION. Includes substantial improvement and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first(1st) placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; the installation of streets and/or walkways; excavation for a basement, footings, piers or foundations or the erection of temporary forms; the installation on the property of accessory buildings, such as garages or sheds, not occupied as dwelling units or part of the main structure. For a substantial improvement, the actual "start of construction"means the first (1st) alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STATE COORDINATING AGENCY.• That agency of the State Government or other office designated by the Governor of the State or by State Statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that State. STRUCTURE: For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Structure"for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises. SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT: Any reconstruction,rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local Code Enforcement Official and which are the minimum necessary to assure safe living conditions, or 471 § 410.030 Hanley Hills Village Code § 410.050 2. Any alteration of an "historic structure", provided that the alteration will not preclude the structure's continued designation as an "historic structure". VARIANCE: A grant of relief by the community from the terms of a floodplain management regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the community. VIOLATION: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this Chapter is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain. (R.O. 2012 §410.030; Ord. No. 912 Art. X, 2-17-05) ARTICLE III. GENERAL PROVISIONS SECTION 410.040: LANDS TO WHICH THIS CHAPTER APPLIES This Chapter shall apply to all areas within the jurisdiction of the Village of Hanley Hills, Missouri, identified as numbered and unnumbered A Zones and AE Zones, on the Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) dated August 2, 1995, as amended, and any future revisions thereto. In all areas covered by this Chapter, no development shall be permitted except through the issuance of a floodplain development permit granted by the Board of Trustees or its duly designated representative under such safeguards and restrictions as the Board of Trustees or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in Article V. (R.O. 2012 §410.040; Ord. No. 912 Art. II, 2-17-05) SECTION 410.050: PENALTIES FOR NON-COMPLIANCE A. No development located in the special flood hazard areas of this community shall hereafter be constructed, located, extended, converted or structurally altered without full compliance with the terms of this Chapter and other applicable regulations. B. Violation of the provisions of this Chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute an ordinance violation. Any person who violates this Chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars ($500.00) or imprisoned for not more than ninety (90) days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. C. Nothing herein contained shall prevent the Village of Hanley Hills or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation. (R.O. 2012 §410.050) 472 § 410.060 Flood Hazard Prevention § 410.100 SECTION 410.060: ABROGATION AND GREATER RESTRICTIONS This Chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (R.O. 2012 §410.060) SECTION 410.070: INTERPRETATION In the interpretation and application of this Chapter, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the Governing Body; and 3. Deemed neither to limit nor repeal any other powers granted under State Statutes. (R.O. 2012 §410.070) SECTION 410.080: WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods may occur on rare occasions or the flood heights may be increased by manmade or natural causes such as ice jams and bridge openings restricted by debris. This Chapter does not imply that areas outside the floodway and flood fringe or land uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the Village of Hanley Hills or by any officer or employee thereof for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder. (R.O. 2012 §410.080) SECTION 410.090: SEVERABILITY If any Section, clause, provision or portion of this Chapter is adjudged unconstitutional or invalid in a court of appropriate jurisdiction, the remainder of this Chapter shall not be affected thereby. (R.O. 2012 §410.090) ARTICLE IV. ADMINISTRATION SECTION 410.100: ESTABLISHMENT OF A DEVELOPMENT PERMIT A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Article III, Section 410.040. No person, firm or corporation or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate permit for each development as defined in Article II. Application for a development permit shall be made on forms furnished by the Code Enforcement Officer and may include, but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, 473 § 410.100 Hanley Hills Village Code § 410.130 storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: 1. Elevation in relation to mean sea level of the lowest floor(including basement) of all structures. 2. Elevation in relation to mean sea level to which any non-residential structure is to be floodproofed. 3. Certification from a registered professional engineer or architect that the non-residential floodproofed structure will meet the floodproofing criteria in Article V, Section 410.170. 4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (R.O. 2012 §410.100) SECTION 410.110: APPLICATION FOR FLOODPLAIN DEVELOPMENT PERMIT To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every floodplain development permit application shall: 1. Describe the land on which the proposed work is to be done by lot, block and tract, house and street address, or similar description that will readily identify and specifically locate the proposed structure or work; 2. Identify and describe the work to be covered by the floodplain development permit; 3. Indicate the use or occupancy for which the proposed work is intended; 4. Indicate the assessed value of the structure and the fair market value of the improvement; 5. Specify whether development is located in designated flood fringe or floodway; 6. Identify the existing base flood elevation and the elevation of the proposed development; 7. Give such other information as reasonably may be required by the Code Enforcement Officer; 8. Be accompanied by plans and specifications for proposed construction; and 9. Be signed by the permittee or his/her authorized agent who may be required to submit evidence to indicate such authority. (R.O. 2012 §410.110) SECTIONS 410.120-410.130: RESERVED Editor's Note—Ordinance no. 929 art. VIII, adopted January 19, 2006, repealed sections 410.120 "designation of the local administrator" and 410.130 "duties and responsibilities of the code enforcement officer"in their entirety. These sections have been reserved for the village's future use. Cross Reference—As to designation and responsibilities of the floodplain administrator, §410.220. 474 § 410.140 Flood Hazard Prevention § 410.140 SECTION 410.140: VARIANCE PROCEDURES A. The Board of Adjustment as established by the Village of Hanley Hills shall hear and decide appeals and requests for variances from the requirements of this Chapter. Where an application for a floodplain development permit or request for a variance from the management regulations is denied by the Code Enforcement Official or Public Works Commissioner, the applicant may apply for such floodplain development permit or variance directly to the Board of Adjustment. B. The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirements, decision or determination made by the Code Enforcement Officer in the enforcement or administration of this Chapter. C. Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the Circuit Court of St. Louis County, Missouri, as provided in Section 89.110, RSMo. D. In passing upon such applications, the Board of Adjustment shall consider all technical data and evaluations, all relevant factors, standards specified in other Sections of this Chapter, and the following criteria: 1. The danger that materials may be swept onto other lands to the injury of others; 2. The danger to life and property due to flooding or erosion damage; 3. The susceptibility of a proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 4. The importance of the services provided by the proposed facility to the community; 5. The necessity to the facility of a waterfront location, where applicable; 6. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; 7. The compatibility of the proposed use with existing and anticipated development; 8. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area; 9. The safety of access to the property in times of flood for ordinary and emergency vehicles; 10. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and 11. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. E. Conditions For Variances. 1. Generally, variances may be issued for new construction and substantial improvements to be 475 § 410.140 Hanley Hills Village Code § 410.140 erected on a lot of one-half(1) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided in Subsections (2) through (6) below, have been fully considered. As the lot size increases beyond the one-half(1) acre, the technical justification required for issuing the variance increases. 2. Variances may be issued for the reconstruction or rehabilitation or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places or Local Inventory of Historic Places upon a determination that the proposed activity will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. 3. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 4. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 5. Variances shall only be issued upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. 6. A community shall notify the applicant in writing over the signature of a community official that: a. The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) or one hundred dollars ($100.00) of insurance coverage; and b. Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this Chapter. F. Conditions For Approving Variances For Accessory Structures. Any variance granted for an accessory structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Article V, Section 410.140(D) and (E) of this Chapter. In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for accessory structures that are constructed at-grade and wet-floodproofed. 1. Use of the accessory structures must be solely for parking and limited storage purposes in zone A only as identified on the community's Flood Insurance Rate Map (FIRM). 476 § 410.140 Flood Hazard Prevention § 410.140 2. For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation must be built with flood-resistant materials in accordance with Article V, Section 410.150(D)(2) of this Chapter. 3. The accessory structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structure in accordance with Article V, Section 410.150(D)(1)) of this Chapter. All of the building's structural components must be capable of resisting specific flood- related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces. 4. Any mechanical, electrical or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a water-tight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Article V, Section 410.150(D)(4) of this Chapter. 5. The accessory structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Article V, Section 410.170(3) of this Chapter. 6. The accessory structures must comply with the floodplain management floodway encroachment provisions of Article V, Section 410.170(4)(b) of this Chapter. No variances may be issued for accessory structures within any designated floodway, if any increase in flood levels would result during the 100-year flood. 7. Equipment, machinery or other contents must be protected from any flood damage. 8. No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the accessory structures. 9. A conununity shall notify the applicant in writing over the signature of a community official that: a. The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and b. Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this Section. 10. Wet-floodproofing construction techniques must be reviewed and approved by the community and registered professional engineer or architect prior to the issuance of any floodplain development permit for construction. (R.O. 2012 §410.140; Ord. No. 912 Art. VII, 2-17-05) 477 § 410.150 Hanley Hills Village Code § 410.150 ARTICLE V. PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION 410.150: GENERAL STANDARDS A. No permit for floodplain development shall be granted for new construction, substantial improvements and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A Zones and AE Zones, unless the conditions of this Section are satisfied. B. All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A Zones is subject to all provisions of this Chapter. If Flood Insurance Study data is not available, the community shall obtain, review and reasonably utilize any base flood elevation or floodway data currently available from Federal, State or other sources. C. Until a floodway is designated, no new construction,substantial improvements or other development, including fill, shall be permitted within any numbered A Zone or AE Zone on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community. D. In all areas of special flood hazards (Zones A, AE, A1-30) the following provisions are required in all new construction, subdivision proposals, substantial improvements, prefabricated structures, placement of manufactured homes and other development: 1. All new construction including manufactured homes and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. 2. Shall be constructed with materials resistant to flood damage. 3. Shall be constructed by methods and practices that minimize flood damage. 4. Shall be constructed with electrical, heating, ventilation, plumbing, and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. 6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the system into floodwaters. 7. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 8. Storage, material and equipment. The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited. 478 § 410.150 Flood Hazard Prevention § 410.150 9. Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation or if readily removable from the area within the time available after a flood warning. 10. Until a floodway has been designated, no development, including landfill, may be permitted within Zones A1-30 and AE on the Village's FIRM unless the applicant for the land use has demonstrated that the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevations of the 100-year flood more than one (1) foot on the average cross-section of the reach in which the development or landfill is located as shown on the Flood Insurance Rate Study incorporated by reference, Article III, Section 410.040 of this Chapter. 11. Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that: a. All such proposals are consistent with the need to minimize flood damage; b. All public utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage; c. Adequate drainage is provided so as to reduce exposure to flood hazards; d. All proposals for developments, including proposals for manufactured home parks and subdivisions, of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals base flood elevation data. E. Storage, Material And Equipment. 1. The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited. 2. Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent floatation, or if readily removable from the area within the time available after a flood warning. F. Accessory Structures. 1. Structures used solely for parking and limited storage purposes, not attached to any other structure on the site, of limited investment value, and not larger than four hundred (400) square feet may be constructed at grade and wet-floodproofed provided there is no human habitation or occupancy of the structure; 2. The structure is of single-wall design; 3. A variance has been granted from the standard floodplain manage requirements of this Chapter; and 4. A floodplain development permit has been issued. (R.O. 2012 §410.150; Ord. No. 912 Arts. IV—V, 2-17-05) • 479 § 410.160 Hanley Hills Village Code § 410.170 SECTION 410.160: STANDARDS FOR SUBDIVISION PROPOSALS Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that: 1. All such proposals shall be consistent with the need to minimize flood damage. 2. All public utilities and facilities such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage. 3. Adequate drainage provided to reduce exposure to flood hazards. 4. All proposals for development (including proposals for manufactured home parks and subdivisions) of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals base flood elevation data. (R.O. 2012 §410.160) SECTION 410.170: SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in Article III, Section 410.040 the following provisions are required: 1. Residential construction. New construction or substantial improvement of any residential structure including manufactured homes shall have the lowest floor, including basement, elevated to one (1) foot above the base flood elevation. 2. Non-residential construction. New construction or substantial improvement of any commercial, industrial or other non-residential structure including manufactured home shall either have the lowest floor, including basement, elevated to one (1) foot above the base flood level so that below such a level the structure is water-tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the official as set forth in Article IV, Section 410.130. 3. Requirements for all new construction and substantial improvements. Fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a. A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided; and b. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 480 § 410.170 Flood Hazard Prevention § 410.170 4. In all areas of special flood hazard, once floodway data is obtained, as set forth in Section 410.040, the following provisions are required: a. The designated floodway shall be based on the standard that the area chosen for the floodway must be designed to carry the waters of the base flood without increasing the water surface elevation more than one (1) foot at any point; and b. Any encroachments including fill, new construction, substantial improvements and other development within the designated regulatory floodway unless it has been demonstrated through hydrologic and hydrologic analyses performed in accordance with standard engineering practice that the purposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge are prohibited. c. If Subparagraph (b) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article V. d. In unnumbered A zones, the community shall obtain, review and reasonably utilize any base flood elevation or floodway data currently available from Federal or State or other sources as set forth in Section 410.150(B). 5. Manufactured homes. a. All manufactured homes to be placed within all unnumbered and numbered A Zones and AE Zones on the community's FIRM shall be required to be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. Manufactured homes must be anchored in accordance with State and local Building Codes and FEMA guidelines. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met: (1) Over-the-top ties be provided at each of the four (4) corners of the manufactured home with two (2) additional ties per side at intermediate locations and manufactured homes less than fifty (50) feet long requiring one (1) additional tie per side; (2) Frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points and manufactured homes less than fifty (50) feet long requiring four (4) additional ties per side; (3) All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and (4) Any additions to the manufactured home be similarly anchored. b. Require manufactured homes that are placed or substantially improved within unnumbered A Zones and AE Zones on the community's FIRM on sites: (1) Outside of manufactured home park or subdivision; 481 § 410.170 Hanley Hills Village Code § 410.180 (2) In a new manufactured home park or subdivision; (3) In an expansion to an existing manufactured home park or subdivision; or (4) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one (1) foot above the base flood level and be securely attached to an adequately anchored foundation system to resist flotation, collapse and lateral movement. c. Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within unnumbered A Zones and AE Zones on the community's FIRM, that are not subject to the provisions of Subparagraph (b) of this Subsection, be elevated so that either: (1) The lowest floor of the manufactured home is one (1) foot above the base flood level; or (2) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely attached to an adequately anchored foundation system to resist flotation, collapse and lateral movement. 6. Recreational vehicles. Recreational vehicles placed on sites within special flood hazard areas on the community's FIRM shall either: a. Be on the site for fewer than one hundred eighty (180) consecutive days, and be fully licensed and ready for highway use*; or b. Meet the permitting, elevating and the anchoring requirements for manufactured homes of this Chapter. *A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions. (R.O. 2012 §410.170; Ord. No. 912 Art. VI, 2-17-05; Ord. No. 914 Arts. I—III, 4-28-05) SECTION 410.180: AREAS OF SHALLOW FLOODING (AO AND AH ZONES) Located within the areas of special flood hazard established in Article III, Section 410.040 are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: 1. Within AO Zones. a. All new construction and substantial improvements of residential structures have the lowest floor(including basement) elevated above the highest adjacent grade at least as high as one 482 § 410.180 Flood Hazard Prevention § 410.190 (1) foot above the depth number specified in feet on the community's FIRM (at least two (2) feet if no depth number is specified). b. All new construction and substantial improvements of non-residential structures shall: (1) Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one (1) foot above the depth number specified in feet on the community's FIRM (at least two (2) feet if no depth number is specified), or (2) Together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level is water-tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. c. Adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures. d. The anchoring requirements for manufactured homes as established in Section 410.170, Subsection (5)(a) shall be required. 2. Within AH Zones. a. The specific standards for all areas of special flood hazard where base flood elevation data has been provided shall be required as set forth in Section 410.170. b. Adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures. (R.O. 2012 §410.180) ARTICLE VI. NON-CONFORMING USE SECTION 410.190: NON-CONFORMING USE A. A structure or the use of a structure or premises which was lawful before the passage or amendment of this Chapter but which is not in conformity with the provisions of this Chapter may be continued subject to the following conditions: 1. If such use is discontinued for thirty-six (36)consecutive months, any future use of the building premises shall conform to this Chapter. The Utility Department shall notify the Code Enforcement Officer in writing of instances of non-conforming uses where utility services have been discontinued for a period of thirty-six (36) months. 2. Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as non- conforming uses. B. If any non-conforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty percent (50%) of the market value of the structure before the damage occurred unless reconstructed in conformity with the provisions of this Chapter. This 483 § 410.190 Hanley Hills Village Code § 410.220 limitation does not include the cost of any alteration to comply with existing State or local health, sanitary, building or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. (R.O. 2012 §410.190) ARTICLE VII. AMENDMENTS SECTION 410.200: AMENDMENTS A. The regulations, restrictions,boundaries set forth in this Chapter may from time to time be amended, supplemented, changed or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973; provided however, that no such action may be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the Village of Hanley Hills. B. At least twenty (20) days shall elapse between the date of this publication and the public hearing. A copy of such amendments will be provided to the Federal Emergency Management Agency. The regulations of this Chapter are in compliance with the National Flood Insurance Program Regulations. (R.O. 2012 §410.200; Ord. No. 912 Art. IX, 2-17-05) ARTICLE VIII. VIOLATION AND PENALTY SECTION 410.210: PENALTIES FOR VIOLATIONS Any person who violates this Chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than one thousand dollars ($1,000.00) and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Village of Hanley Hills or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation. (R.O. 2012 §410.210; Ord. No. 912 Art. VIII, 2-17-05) ARTICLE IX. FLOODPLAIN PROCEDURES SECTION 410.220: DUTIES OF FLOODPLAIN ADMINISTRATOR A. The Building Commissioner is hereby designated as the Floodplain Administrator for the Village of Hanley Hills, Missouri. B. The Floodplain Administrator shall be responsible for the implementation of this administrative procedure set forth herein and the duties of the Floodplain Administrator shall include, but not be limited to, the following: 484 § 410.220 Flood Hazard Prevention § 410.220 1. Reviewing all floodplain development permits to assure that cites are reasonably safe from flooding and that the floodplain development permit requirements of this Article have been satisfied; 2. Reviewing floodplain development permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required; 3. Notify adjacent communities and the Department of Natural Resources of the State of Missouri prior to any alteration or relocation of a watercourse and shall submit evidence of such notification to the Federal Emergency Management Agency (FEMA); 4. Assuring that maintenance is provided within the altered or relocated portion of said water- course so that the flood-carrying capacity is not diminished; 5. Verifying, recording and maintaining record of the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures; 6. Verifying, recording and maintaining record of the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed; and 7. When floodproofing is utilized for a particular structure, making sure the Building Commissioner is presented certification by the applicant from a registered professional engineer or architect. C. In carrying out the duties set forth in Subsection (B) above, the Floodplain Administrator shall have the practical responsibilities as follows: 1. Understanding the regulations governing the floodplains; 2. Reviewing and evaluating floodplain development permit applications and determining whether or not development will take place in the special flood hazard area; 3. Interpreting floodplain boundaries and providing base flood elevation (BFE) data when available; 4. Reviewing plans and specifications for compliance with NFIP floodplain management criteria; 5. Advising applicants of other State, Federal or local permits or approvals that may be necessary; 6. Providing required notifications of changes and existing watercourses to FEMA; 7. Issuing or denying floodplain development permits; 8. Arranging for and hiring an inspector to inspect the progress on a field check of any development location and to verify that construction is proceeding in conformance with approved plans; 9. Maintaining records of floodplain development, including the number of floodplain development 485 § 410.220 Hanley Hills Village Code § 410.230 permits granted, documentation of any variance actions and copies of elevation certificates and floodproofing certificates; 10. Investigating violations of floodplain management ordinance requirements and taking corrective action; 11. Counseling permit applicants and local officials on variance criteria; 12. Coordinating map appeals and revisions; 13. Maintaining floodplain maps, flood data and keeping updated administrative forms; 14. Disseminating floodplain management information; and 15. Appointing people qualified to perform the necessary inspections set forth herein and to contract with same on an independent contractor basis. (R.O. 2012 §410.220; Ord. No. 929 Art. I, 1-19-06) SECTION 410.230: ESTABLISHMENT AND MAINTENANCE OF A FLOODPLAIN DEVELOPMENT PERMITTING SYSTEM Permit Application Required. 1. Any person, firm, corporation or other entity desirous of building or developing any structure(s) or subdivision(s) within the Village of Hanley Hills shall submit a floodplain development permit application to the Floodplain Administrator. The application must be made and signed by the landowner. The floodplain development permit application shall substantially be in the form noted in Section 410.290 of this Chapter. Any floodplain development permit application must be accompanied by the documentation set forth below and shall be accompanied by the fee set for floodplain development permits provided for in the Village Code. The application itself shall provide for noting receipt of the application fee, the date so received and the form of payment received. 2. All floodplain development applications shall be accompanied by a legal description of the land on which the proposed work is to be done, two (2) sets of sealed, engineered plans and specifications for proposed construction, elevation certificates, floodproof certificates, a certificate from a registered professional engineer or architect that the non-residential floodproofed structure meets the floodproofing criteria or evidence that the residential structure will be constructed outside the Floodplain and/or the basement floor elevation is above base flood elevation(BFE)and all permit applications required by Village ordinance for construction of any building or structure within the Village of Hanley Hills with relative flood information. 3. Upon receipt of the application and review by the Floodplain Administrator, the applicant shall supply other information as reasonably may be required by the Building Commissioner (for example, requiring a statement from the applicant that they are aware that elevating or flood- proofing structures above the minimum levels will result in insurance premium reduction, especially in the case of non-residential floodproofing when a minus one (1) foot penalty is assessed at the time of rating of the structure for the policy premium). (R.O. 2012 §410.230; Ord. No. 929 Art. II, 1-19-06) 486 § 410.240 Flood Hazard Prevention § 410.240 SECTION 410.240: FLOODPLAIN DEVELOPMENT PERMIT APPLICATION A. Reviewing The Floodplain Development Permit Application. 1. The Floodplain Administrator shall review the permit application by using the permit application checklist to determine and ensure that the following matters have been addressed: a. Application completed and signed; b. Fees paid; c. Type of structure/proposed use; d. Blueprints/development plans submitted; e. Base flood elevation (BFE) documented; f. Elevation certificate submitted and complete; g. Floodproofing certificate submitted and complete; h. Anchoring requirements/proposed anchoring documented; i. No-rise certification complete; j. Openings for enclosures below lowest floor reviewed; k. Topographic information included; 1. Floodplain and floodway boundaries shown; m. Construction material/method shown; n. Location of utilities shown; o. Subdivision/lot boundaries/property line shown; p. Encroachments shown; q. Cost analysis/estimate for substantial damage/improvement documented; r. Corp of Engineer permit attached or proof of application attached; s. Missouri Department of Natural Resources permit attached or proof of application attached; t. Proposed watercourse alterations/relocation notification to adjacent communities shown; u. FEMA approval requested for proposed alteration or relocation of watercourse; v. Letter of map change attached; 487 § 410.240 Hanley Hills Village Code § 410.240 w. Historic designation made or not made; x. Engineering plans submitted under seal; y. Hydrologic/hydraulic calculations shown; z. Loading calculations and structural design shown; aa. Alternate design for openings for enclosure below BFE shown; ab. Design of breakaway walls greater than twenty (20) pounds a square foot shown. 2. Upon receipt of the application and once a determination that the application is complete pursuant to all the requirements set forth heretofore, the Floodplain Administrator shall review the documentation for compliance with technical requirements of the Village of Hanley Hills floodplain management ordinance. In the event that the current Floodplain Administrator does not feel he or she has the technical background necessary for reviewing compliance with the technical requirements of the Code, then the Floodplain Administrator shall upon entry into the position contract with an architect or engineering firm to perform technical review of the permit application. The review of the application shall be completed as soon as practicable and within a reasonable time after submission to the Village thereof. 3. Once a determination has been made that the application technically complies with the Village's floodplain management ordinance, a copy of the completed application shall be forwarded to an engineering firm for review. The engineering firm shall be contracted for on a yearly basis with the Village of Hanley Hills, and if no such firm is currently under contract with the Village of Hanley Hills, then the Floodplain Administrator may seek bids from a minimum of three (3) engineering firms to complete the review of the application. The lowest responsible bidder shall be chosen by the Floodplain Administrator. The engineering review shall consist at a minimum of review of the NFIP requirements, the hydrologic and hydraulic calculations, loading calculations and methods of construction relative to floodproofing, alternative designs for openings below lowest floor, and design and methods of construction for breakaway walls exceeding S.O.P. loading resistance of twenty (20) pounds per square foot 4. The engineering firm shall complete the review as soon as practicable and within a reasonable period of time. B. Approval Or Denial Of Floodplain Development Permit Application. 1. Upon completion of review of the permit application, the Floodplain Administrator shall approve the permit if the review indicates that it complies with Village Code. The applicant shall be notified within seven (7) days of completion of the review of any decision by the Floodplain Administrator. In the event that reviewing the permit and the plans submitted therewith indicate that certain development conditions need to be met, then the Floodplain Administrator may conditionally approve the permit. The conditionally approved permit shall clearly indicate on all records of the floodplain development permit approval the specific conditions upon which the permit is being issued. 2. If the proposal fails to comply with the Village Code, then the Floodplain Administrator shall deny the application. Specific reasons for denial of the application shall be stated in such a 488 § 410.240 Flood Hazard Prevention § 410.250 fashion so that the applicant may make the appropriate corrections. The decision of the Floodplain Administrator shall be sent directly to the applicant in writing. A copy of the decision of the Floodplain Administrator shall be kept with the initial application in a file to be maintained by the Village Clerk. 3. Any denial by the Floodplain Administrator of an application shall be appealable to the Board of Trustees. An application for appeal must be filed within thirty (30) days of receipt of the denial letter from the Floodplain Administrator. Receipt of the denial letter shall be presumed to be three(3) days after mailing if sent to the applicant at any address supplied by the applicant to the Village. Upon receipt of such application for appeal, the Board will set a special meeting to hear the appeal and will notify the applicant of such date within ninety (90) days of receipt of the application for appeal. The Chairman of the Board of Trustees shall preside at the hearing. No new evidence shall be permitted to be introduced at the appeal. The appeal will be determined upon whether or not the application as submitted complies with the Village ordinances. The applicant shall have the opportunity to address the Board on this issue alone. C. Village Clerk To Keep Application. Each application shall be numbered by the Village Clerk and shall be kept in chronological order in a separate area within the Village Hall designated application for floodplain development permit. A master list of each application made and each number given thereto shall be maintained separately by the Village Clerk. The Village Clerk shall also keep a copy of the application in a separate file under the name of the applicant. Such separate files shall be kept in alphabetical order and shall contain therein a cross reference to the number file wherein the original is kept. (R.O. 2012 §410.240; Ord. No. 929 Art. III, 1-19-06) SECTION 410.250: INSPECTION PROCESS A. General. 1. Prior to the issuance of a floodplain development permit, an inspection of the site shall be performed to verify that the proposed site is in the floodplain and to get a general idea of where the structure will be built. All inspections shall be performed by the Floodplain Administrator or his/her designee. All inspectors shall be aware of the floodplain development requirements and shall report any suspicious activity in the floodplain to the Floodplain Administrator. No inspections set forth herein shall take place more than one hundred twenty (120) days from the last inspection. Upon issuance of a floodplain development permit, inspections of the site and construction work shall be performed on a periodic basis as the construction work progresses. 2. All inspections performed shall be recorded by the inspector and the original shall be kept with the file designated for the application of the permit. A copy of the inspection shall be kept by the inspector in a separate file which shall be maintained by the Village Clerk underneath the name of the applicant and such file shall be kept in alphabetical order by the Village Clerk. The inspection file may be the same file in which a copy of the original application is kept. 3. The inspector will relate any deficiencies to the permit holder by issuing a correction notice to the permit holder by mail as well as at the job site. A duplicate of the correction notice shall be kept in both the application for permit file and the inspection file previously noted and shall be maintained by the Village Clerk. 4. Construction documents shall be routinely reviewed by the inspectors prior to any inspection 489 § 410.250 Hanley Hills Village Code § 410.250 to verify lowest floor elevation. A registered land surveyor or engineer must submit sealed documents verifying elevations and actual location of floodplain boundaries as described in the approved set of drawings. Elevation must be verified prior to placement of the lowest floor of the structure. At or near the final inspection, several areas of flood development will be reviewed including, but not limited to, landscaping, berms, retention areas, storm water management and floodway encroachments. 5. At each inspection, the inspector shall confirm that the line between design and actual construction/development is made in compliance with the approved plans. Any deviation noted from the plans shall be noted as set forth above. B. Inspection 1. 1. The first(1st)inspection shall be performed immediately after completion of surveyor's location of base flood elevation (BFE) and precise construction location in the field. Inspection results will be entered on the floodplain development inspection form. Permit holder will be provided with the inspection results and a copy of the inspection form at the time of inspection or at a subsequent meeting in person. The original inspection form shall be kept in the inspection file and a copy thereof shall be placed in the permit file. 2. At the first (1st) inspection, with plans in hand, the inspector shall determine that site identified on the proposed plans is consistent with actual ground conditions shall further verify the location of floodplain and floodway boundaries, if applicable. C. Inspection 2. 1. The second (2nd) inspection shall be performed just prior to the placement of the lowest floor of the building. The inspector shall determine at that time whether the lowest floor will be situated to the heights stipulated on the permit and construction plans, the type of foundation used is the type set forth in the construction plans and shall check floodway encroachments, if applicable. This inspection shall be performed by the inspector immediately after the foundation is formed, but prior to the placement of any concrete. 2. Any discrepancies discovered by the inspector shall be recorded and shall be served upon the permit holder as set forth for Inspection 1. The records of any notice of violation as well as the inspection itself shall be kept as set forth for Inspection 1. D. Inspection 3. At or near the completion of the development or the construction, a third (3rd) inspection shall take place by the inspector to: 1. Determine whether the placement of fill, if used, meets the necessary slope and protection standards contained in local regulations; 2. Inspect enclosures below the lowest floor to ensure adequately sized openings exist; 3. Check breakaway walls; 4. Check for floodway encroachments, if applicable; and 490 § 410.250 Flood Hazard Prevention § 410.260 5. Check anchoring system used in securing manufactured homes. This inspection shall be performed by the inspector after the improvements are fully completed. Any discrepancies noted by the inspector shall be served upon the permit holder in the same manner as set forth for Inspection 1. Records of the inspection and any notice of deficiencies shall be kept as set forth in Inspection 1 above. E. Future Additional Inspections. No future/additional inspections shall be required unless after Inspection 3 the property does not pass inspection. Upon successfully passing Inspection 3, no scheduled inspections will take place on the property. The Village reserves the right to inspect the property from time to time to enure compliance with the Floodplain Management Regulations. All permits issued shall specifically state that the permit is issued upon the condition that the Village of Hanley Hills may perform an inspection upon the property at any time and that the applicant consents to allowing the inspection to take place which includes allowing inspection of the Village of Hanley Hills to come onto the applicant's property. The applicant shall further be notified that the applicant must notify any subsequent landowner of this provision for the permit being issued and that same condition will run with the land and continue indefinitely until such time as the Federal Government or the State of Missouri determine that the property is no longer within a floodplain. (R.O. 2012 §410.250; Ord. No. 929 Art. IV, 1-19-06) SECTION 410.260: ENFORCEMENT ACTIONS AND PENALTIES A. Violation. 1. Any non-compliance with the approved permit or any non-compliance with the Village Floodplain Management Regulations shall constitute an ordinance violation. Any ordinance violation so noted shall be subject to the penalties set forth herein. Any person or business entity who is the permit holder shall be responsible for compliance with the Village Code and subject to the violations set forth herein. Any discrepancy found shall be a violation whether or not the permit holder knew or should have known of the violation. 2. The inspector shall upon noting any violation, in addition to issuing a notice of non-compliance, seek the aid of a Police Officer within the Village of Hanley Hills to issue a summons to the permit holder for the noted violation. Said summons shall require the permit holder to appear in Municipal Court to answer to the charge made by the inspector. Any violation found by the court shall be punished by a fine from fifty dollars ($50.00)to one thousand dollars ($1,000.00) or from one (1) day in jail to ninety (90) days in jail or a combination of fine and jail time as the court deems appropriate. B. Stop Work Order. 1. If the non-compliance found by the inspector is serious or if the problem continues after follow up inspections, the inspector shall issue a stop work order. The stop work order shall be hand delivered in the field and followed up with a letter via certified mail. The letter will state the issue of non-compliance, refer to the ordinance so violated and allow up to thirty (30) days to correct the action. In the event that the permit holder fails to correct the violation within the time stated in the stop work order or fails to stop work upon the project (except for work necessary to bring the project into compliance), the Village will take any legal action necessary to enforce its order as allowed by law. Such actions may include an injunction, a restraining 491 § 410.260 Hanley Hills Village Code § 410.280 order and/or suit for damages. Despite this paragraph, the Village shall prosecute in Municipal Court all violations of the Floodplain Management Code and of this Article. 2. In the event that the permit holder believes the inspector to be incorrect in his/her decision to issue a stop work order, then the permit holder will have the right to appeal said decision to the Board of Trustees of the Village of Hanley Hills. A hearing will be convened as set forth in Section 410.220, except that the permit holder and the Village will have the opportunity to present evidence at the hearing. A record of the hearing will be maintained. Any party aggrieved by the decision of the Board shall have the right to appeal the decision to the Circuit Court of St. Louis County, Missouri, as provided for in Missouri Statutes for Administrative Appeals (see Sections 536.010, RSMo., et seq.). C. Revocation Of Permit. Upon non-compliance with a stop work order and failure to correct the non- compliance stated therein within the time frame specified therein, the Floodplain Administrator shall revoke the permit issued pursuant to this Article. Once revoked, the permit holder must reapply for a permit as if no permit had previously been issued. Any work done at the site after revocation of the permit shall be subject to prosecution in Municipal Court as well as any civil action for injunction and/or damages the Village deems appropriate. In the event the Municipal Court finds that the permit holder knowingly violated the stop work order and notice of revocation of permit, the court shall sentence the permit holder to a fine of five hundred dollars ($500.00) to one thousand dollars($1,000.00) and shall sentence the permit holder to serve a minimum of twenty-four (24) hours in jail. The maximum jail time under this Section shall be fifteen (15)days. In the event that the court finds that the permit holder had previously violated this Section of this Article, the court shall sentence the permit holder to serve a minimum of two (2)days in jail and pay a minimum fine of seven hundred fifty dollars ($750.00). The maximum jail time under this Section shall be fifteen (15) days and the maximum fine shall be one thousand dollars ($1,000.00). (R.O. 2012 §410.260; Ord. No. 929 Art. V, 1-19-06) SECTION 410.270: VARIANCE AND APPEAL PROCESSES A. The variance procedure shall be as set forth in the current Code of the Village of Hanley Hills Section 410.140 as codified in Ordinance 817 which ratified Ordinance 668 of the Village of Hanley Hills, Missouri. B. An applicant seeking a variance must file the completed application for variance from the Board of Adjustment and pay the variance request fee of seven dollars ($7.00) for residential property and one hundred fifty dollars ($150.00) for non-residential property. Both applications must also include a thirty dollar ($30.00) advertising fee. (R.O. 2012 §410.270; Ord. No. 929 Art. VI, 1-19-06) SECTION 410.280: ESTABLISHMENT OF A RECORD KEEPING SYSTEM FOR FLOODPLAIN DEVELOPMENT PERMITS AND BI-ANNUAL REPORTS A. Record Keeping. The Village Clerk shall maintain all records with regard to floodplain development. Application for permits and permits shall be kept as set forth in Section 410.220 which requires both a numbering system for the application as well as a copy kept under the name of the applicant and a cross reference system. Any other documents which pertain to the permit shall be kept as follows: 492 § 410.280 Flood Hazard Prevention § 410.290 The original shall go in the application file, and a copy shall be placed in the cross referenced named file of the applicant. Such documents shall include, but not be limited to, application for variance, elevations and floodproofing certificates, the findings of fact relative to variance and appeal, "no rise" certification in case of floodway development and copies of "submit for rate" on all structures built below base flood elevation. Further, a copy of all checklists and forms associated with the project/application shall be maintained in the same manner. B. General Floodplain Development Documents. 1. The following documents shall be maintained by the Village Clerk in folders labeled Floodplain Management with a calendar year thereon: All documents for the calendar year which pertain to floodplain development including, but not limited to, NFIP bi-annual report forms, other NFIP correspondence,floodplain management data,information regarding development pressure on the floodplain, variances issued in the floodplain which are of particular interest to FEMA, as well as copies of blank forms and checklists used during that calendar year for the purposes of the floodplain development. 2. The Floodplain Administrator shall be responsible for maintaining an adequate supply of FEMA maps for administrative purposes, keeping a record of all map corrections and notices of map revisions (and attaching same to the official administrative map(s)), maintaining other sources of known flood data for approximate floodplain areas, and ensuring that accurate floodplain maps are displayed in the appropriate public place. 3. The Floodplain Administrator shall append to the Official Village Floodplain Map for permanent record of all official revisions of the flood maps whether accomplished by a Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR). Such revisions shall also be made as part of the FEMA maps kept for administrative purposes and available to the public. C. The Floodplain Administrator shall be responsible for completing, signing and submitting the FEMA bi-annual report. (R.O. 2012 §410.280; Ord. No. 929 Art. VI, 1-19-06) SECTION 410.290: APPENDICES A. The following appendices shall be used initially by the Floodplain Administrator and any inspector of the Village: 1. Floodplain development application; 2. Floodplain administrator's review checklist; 3. Application for variance. B. Amendment. Any form attached as an appendix to this Article may be changed administratively without approval of the Board of Trustees by ordinance or otherwise. (R.O. 2012 §410.290; Ord. No. 929 Art. VII, 1-19-06) 493 CHAPTER 415: STREAM BUFFER AND SETTING STANDARDS SECTION 415.010: TITLE This Chapter shall be known as the "Village of Hanley Hills Stream Buffer Protection Ordinance". (R.O. 2012 §415.010; Ord. No. 948 §1, 3-18-08) SECTION 415.020: FINDINGS AND PURPOSES A. Findings. Whereas, the Board of Trustees of the Village of Hanley Hills finds that buffers adjacent to streams provide numerous benefits including: 1. Protecting, restoring and maintaining the chemical, physical and biological integrity of streams and their water resources; 2. Removing pollutants delivered in urban storm water; 3. Reducing erosion and controlling sedimentation; 4. Protecting and stabilizing stream banks; 5. Providing for infiltration of storm water runoff; 6. Maintaining base flow of streams; 7. Contributing organic matter that is a source of food and energy for the aquatic ecosystem; 8. Providing tree canopy to shade streams and promote desirable aquatic habitat; 9. Providing riparian wildlife habitat; 10. Furnishing scenic value and recreational opportunity; 11. Providing opportunities for the protection and restoration of greenspace. B. Purposes. The purpose of this Chapter is to protect the public health, safety, environment and general welfare; to minimize public and private losses due to erosion, siltation and water pollution; and to maintain stream water quality by provisions designed to: 1. Create buffer zones along the streams of the Village of Hanley Hills for the protection of water resources; and 2. Minimize land development within such buffers by establishing buffer zone requirements and by requiring authorization for any such activities. (R.O. 2012 §415.020; Ord. No. 948 §2, 3- 18-08) 495 § 415.030 Hanley Hills Village Code § 415.030 SECTION 415.030: DEFINITIONS As used in this Chapter, the following terms shall have these prescribed meanings: BUFFER: With respect to a stream, a natural or enhanced vegetated area (established by Section 415.050(A)(1) below) lying adjacent to the stream. FLOODPLAIN: Any land area susceptible to flooding, which would have at least a one percent(1%) probability of flooding occurrence in an calendar year based on the basin being fully developed as shown on the current land use plan; i.e., the regulatory flood. IMPERVIOUS COVER: Any man-made paved,hardened or structural surface regardless of material. Impervious cover includes, but is not limited to, rooftops, buildings, streets, roads, decks, swimming pools and any concrete or asphalt. LAND DEVELOPMENT: Any land change including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving and any other installation of impervious cover. LAND DEVELOPMENT ACTIVITY: Those actions or activities which comprise, facilitate or result in land development. LAND DISTURBANCE: Any land or vegetation change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, that do not involve construction, paving or any other installation of impervious cover. LAND DISTURBANCE ACTIVITY: Those action or activities which comprise, facilitate or result in land disturbance. PARCEL: Any plot, lot or acreage shown as a unit on the latest County tax assessment records. PERMIT: The permit issued by the Village of Hanley Hills or St. Louis County required for undertaking any land development activity. PERSON: Any individual, partnership, firm, association, joint venture, public or private corporation,trust, estate, commission, board, public or private institution, utility,cooperative, City, County or other political subdivision of the State, any interstate body or any other legal entity. PROTECTION AREA OR STREAM PROTECTION AREA: With respect to a stream, the combined areas of all required buffers and setbacks applicable to such stream. RIPARIAN: Belonging or related to the bank of a river, stream, lake, pond or impoundment. SETBACK: With respect to a stream, the area established by Section 415.050(A)(2) extending beyond any buffer applicable to the stream. STREAM: Any stream beginning at: 1. All natural watercourses depicted by a solid or dashed blue line on the most current United States Geological Survey (U.S.G.S.) 7.5 Minute Series (Topographic) Maps for Missouri; or 496 § 415.030 Stream Buffer And Setting Standards § 415.040 2. A point in the stream channel with a drainage area of twenty-five (25) acres or more. STREAM BANK: The sloping land that contains the stream channel and the normal flows of the stream. Where no established top-of-bank can be determined, the stream bank will be the "ordinary high water mark" as defined by the Corps of Engineers in Title 33 of the Code of Federal Regulation, Part 328.3. STREAM CHANNEL: The portion of a watercourse that contains the base flow of the stream. (R.O. 2012 §415.030; Ord. No. 948 §3, 3-18-08) SECTION 415.040: APPLICABILITY This Chapter shall apply to all land development activity on property containing a stream protection area as defined in Section 415.030 of this Chapter. These requirements are in addition to, and do not replace or supersede, any other applicable buffer or floodplain requirements established under State law and approval or exemption from these requirements do not constitute approval or exemption from buffer requirements established under State law or from other applicable local, State or Federal regulations. 1. Grandfather provisions. This Chapter shall not apply to the following activities: a. Work consisting of the repair or maintenance of any lawful use of land that is zoned and approved for such use on or before the effective date of this Chapter. b. Existing development and ongoing land disturbance activities including, but not limited to, existing agriculture, silviculture,landscaping, gardening and lawn maintenance, except that new development or land disturbance activities or properties will be subject to all applicable buffer requirements. c. Any land development activity that is under construction, fully approved for development, scheduled for permit approval or has been submitted for approval as of the effective date of this Chapter. d. Land development activity that has not been submitted for approval, but that is part of a larger master development plan, such as for an office park or other phased development that has been previously approved within two (2) years of the effective date of this Chapter. 2. Exemptions. The following specific activities are exempt from this Chapter. Exemption of these activities does not constitute an exemption for any other activity proposed on a property. a. Activities for the purpose of building one (1) of the following: A stream crossing by a driveway, transportation route or utility line; public water supply intake or public wastewater structures or storm water outfalls; intrusions necessary to provide access to a property; public access facilities that must be on the water including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks; unpaved foot trails and paths; activities to restore and enhance stream bank stability, vegetation, water quality and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used. 497 § 415.040 Hanley Hills Village Code § 415.050 b. Public sewer line easements. This includes such impervious cover as is necessary for the operation and maintenance of the utility, including, but not limited to,manholes, vents and valve structures. This exemption shall not be construed as allowing the construction of roads, bike paths or other transportation routes in such easements, regardless of paving material, except for access for the uses specifically cited in Subsection (2)(a) above. c. Land development activities within a right-of-way existing at the time this Chapter takes effect or approved under the terms of this Chapter. d. Within an easement of any utility existing at the time this Chapter takes effect or approved under the terms of this Chapter, land disturbance activities and such impervious cover as is necessary for the operation and maintenance of the utility, including, but not limited to, manholes, vents and valve structures. e. Emergency work necessary to preserve life or property. However, when emergency work is performed under this Section, the person performing it shall report such work to the Building Commissioner of Hanley Hills on the next business day after commencement of the work. Within ten (10)days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the Building Commissioner to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area. f. Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural uses and are not incidental to other land development activity. If such activity results in land disturbance in the buffer that would otherwise be prohibited, then no other land disturbing activity other than normal forest management practices will be allowed on the entire property for three (3) years after the end of the activities that intruded on the buffer. g. Any activities approved under a 404 permit issued by the Corps of Engineers and 401 water quality certification issued by the Missouri Department Natural Resources. After the effective date of this Chapter, it shall apply to new subdividing and platting activities. Any land development activity within a buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to Section 415.050(B) below. (R.O. 2012 §415.040; Ord. No. 948 §4, 3-18-08) SECTION 415.050: LAND DEVELOPMENT REQUIREMENTS A. Buffer And Setback Requirements. All land development activity subject to this Chapter shall meet the following requirements: 1. For streams depicted as a solid blue line on the U.S.G.S. map, an undisturbed natural vegetative buffer shall be maintained for fifty (50) feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank. For all other streams subject to this Chapter, an undisturbed natural vegetative buffer shall be maintained for twenty-five (25) feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank. 498 § 415.050 Stream Buffer And Setting Standards § 415.050 2. An additional setback shall be maintained for twenty-five (25) feet, measured horizontally, beyond the undisturbed natural vegetative buffer, in which all impervious cover shall be prohibited. Grading, filling and earthmoving shall be minimized within the setback. 3. No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback. B. Variance Procedures. Variances from the above buffer and setback requirements may be granted in accordance with the following provisions: 1. Where a parcel was platted prior to the effective date of this Chapter, and its shape, topography or other existing physical condition prevents land development consistent with this Chapter, and the Building Commissioner of the Village of Hanley Hills fords and determines that the requirements of this Chapter prohibit the otherwise lawful use of the property by the owner, the Board of Trustees of the Village of Hanley Hills may grant a variance from the buffer and setback requirements hereunder, provided such variance requires mitigation measures to offset the effects of any proposed land development on the parcel. 2. Except as provided above, the Board of Trustees of the Village of Hanley Hills shall grant no variance from any provision of this Chapter without first conducting a public hearing on the application for variance and authorizing the variance by an affirmative vote of the Board of Trustees. The Village of Hanley Hills shall give public notice of each such public hearing in a newspaper of general circulation within St. Louis County. The Village of Hanley Hills shall require that the applicant post a sign giving notice of the proposed variance and the public hearing. The sign shall be of a size and posted in such a location on the property as to be clearly visible from the primary adjacent road right-of-way. In addition, the applicant shall reimburse the Village for all costs of publication. Variances will be considered only in the following cases: a. When a property's shape, topography or other physical conditions existing at the time of the adoption of this Chapter prevents land development unless a buffer variance is granted. b. Unusual circumstances when strict adherence to the minimal buffer requirements in the Chapter would create an extreme hardship. Variances will not be considered when, following adoption of this Chapter actions of any property owner of a given property have created conditions of a hardship on that property. 3. At a minimum, a variance request shall include the following information: a. A site map that includes locations of all streams, wetlands, floodplain boundaries and other natural features, as determined by field survey; b. A description of the shape, size, topography, slope, soils, vegetation and other physical characteristics of the property; c. A detailed site plan that shows the locations of all existing and proposed structures and other impervious cover, the limits of all existing and proposed land disturbance, both inside and outside the buffer and setback. The exact area of the buffer to be affected shall be accurately and clearly indicated; 499 § 415.050 Hanley Hills Village Code § 415.070 d. Documentation of unusual hardship should the buffer be maintained; e. At least one (1) alternative plan, which does not include a buffer or setback intrusion, or an explanation of why such a site plan is not possible; f. A calculation of the total area and length of the proposed intrusion; g. A storm water management site plan, if applicable; and h. Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request must include an explanation of why none is being proposed. 4. The following factors will be considered in determining whether to issue a variance: a. The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property; b. The locations of all streams on the property, including property boundaries; c. The location and extent of the proposed buffer or setback intrusion; and d. Whether alternative designs are possible which report intrusion or no intrusion; e. The long-term and construction water-quality impacts of the proposed variance; f. Whether issuance of the variance is at least as protective of natural resources and the environment. (R.O. 2012 §415.050; Ord. No. 948 §5, 3-18-08) SECTION 415.060: COMPATIBILITY WITH OTHER REGULATIONS AND REQUIREMENTS This Chapter is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, Statute or other provision of law. The requirements of this Chapter should be considered minimum requirements, and where any provision of this Chapter imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence. (R.O. 2012 §415.060; Ord. No. 948 §6, 3-18- 08) SECTION 415.070: ADDITIONAL INFORMATION REQUIREMENTS FOR DEVELOPMENT ON BUFFER ZONE PROPERTIES Any permit applications for property requiring buffers and setbacks hereunder must include the following: 1. A site plan showing: a. The location of all streams on the property; 500 § 415.070 Stream Buffer And Setting Standards § 415.100 b. Limits of required stream buffers and setbacks on the property; c. Buffer zone topography with contour lines at no greater than five(5)foot contour intervals; d. Delineation of forested and open areas in the buffer zone; and e. Detailed plans of all proposed land development in the buffer and of all proposed impervious cover within the setback. 2. A description of all proposed land development within the buffer and setback; and 3. Any other documentation that the Building Commissioner may reasonably deem necessary for review of the application and to insure that the buffer zone ordinance is addressed in the approval process. All buffer and setback areas must be recorded on the final plat of the property following plan approval. A note to reference the vegetated buffer shall state: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by Stream Buffer Protection Ordinance of the Village of Hanley Hills." (R.O. 2012 §415.070; Ord. No. 948 §7, 3-18-08) SECTION 415.080: RESPONSIBILITY Neither the issuance of a development permit nor compliance with the conditions thereof, nor with the provisions of this Chapter shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability upon the Village of Hanley Hills, its officers or employees for injury or damage to persons or property. (R.O. 2012 §415.080; Ord. No. 948 §8, 3-18-08) SECTION 415.090: INSPECTION A. The Building Commissioner may cause inspections of the work in the buffer or setback to be made periodically during the course thereof and shall make a final inspection following completion of the work. The permittee shall assist the Building Commissioner in making such inspections. The Village of Hanley Hills and St. Louis County shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Chapter, and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the protection area. B. No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out official duties. (R.O. 2012 §415.090; Ord. No. 948 §9, 3-18-08) SECTION 415.100: VIOLATIONS, ENFORCEMENT AND PENALTIES Any action or inaction which violates the provisions of this Chapter or the requirements of an approved site plan or permit may be subject to the enforcement actions outlined in this Section. Any 501 § 415.100 Hanley Hills Village Code § 415.100 such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief The imposition of any of the penalties described below shall not prevent such equitable relief. 1. Notice of violation. If the Building Commissioner determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved site plan or the provisions of this Chapter, it shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this Chapter without having first secured the appropriate permit therefore, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site. The notice of violation shall contain: a. The name and address of the owner or the applicant or the responsible person; b. The address or other description of the site upon which the violation is occurring; c. A statement specifying the nature of the violation; d. A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the approved site plan or this Chapter and the date for the completion of such remedial action; e. A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and f. A statement that the determination of violation may be appealed to the Board of Trustees of the Village of Hanley Hills by filing a written notice of appeal with thirty (30)days after the notice of violation(except that in the event the violation constitute an immediate danger to public health or public safety, twenty-four (24) hours' notice shall be sufficient). 2. Penalties. In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one (1) or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of the following actions or imposing any of the following penalties, the Building Commissioner shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity of not less than ten (10) days (except that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours' notice shall be sufficient) to cure such violation. In the event the applicant or other responsible such person fails to cure such violation after such notice and cure period, the Building Commissioner may take any one (1) or more of the following actions or impose any one (1) or more of the following penalties. a. Stop work order. The Building Commissioner may issue a stop work order which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable 502 § 415.100 Stream Buffer And Setting Standards § 415.110 the applicant or other responsible person to take necessary remedial measures to cure such violation or violations. b. Withhold certificate of occupancy. The Building Commissioner may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein. c. Suspension, revocation or modification of permit. The Building Commissioner may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the Building Commissioner may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations. d. Civil penalties. In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten (10) days (or such greater period as the Building Commissioner shall deem appropriate) (except that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours' notice shall be sufficient) after the Building Commissioner has taken one (1) or more of the actions described above, the Building Commissioner may impose a penalty not to exceed one thousand dollars ($1,000.00) (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation. e. Criminal penalties. For intentional and flagrant violations of this Chapter, the Building Commissioner may issue a citation to the applicant or other responsible person requiring such person to appear in Municipal Court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for ninety (90) days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense. (R.O. 2012 §415.100; Ord. No. 948 §10, 3-18-08) SECTION 415.110: ADMINISTRATIVE APPEAL AND JUDICIAL REVIEW A. Administrative Appeal. Any person aggrieved by a decision or order of the Building Commissioner may appeal in writing within thirty (30) days after the issuance such decision or order to the Board of Trustees of the Village of Hanley Hills and all be entitled to a hearing before the Board of the Village of Hanley Hills within thirty (30) days of receipt of the written appeal. B. Judicial Review. Any person aggrieved by a decision or order of the Board of Trustees, after exhausting all administrative remedies, shall have the right to appeal to the Circuit Court of St. Louis County pursuant to Sections 536.100 to 536.140, RSMo. (R.O. 2012 §415.110; Ord. No. 948 §11, 3-18-08) [The next page is 605] 503 § 210.530 Offenses § 210.660 owned, operated or leased by the Federal Government or the Village, or on any private real property owned by another without his/her consent. SECTION 210.540: LITTERING VIA CARCASSES A. If any person or persons shall put any dead animal, 'carcass or part thereof, the offal or any other filth into any well, spring, brook, branch, creek, pond or lake, every person so offending shall, on conviction thereof, be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00). B. If any person shall remove or cause to be removed and placed in or near any public road or highway, or upon premises not his/her own, or in any river, stream or watercourse any dead animal, carcass or part thereof, or other nuisance to the annoyance of the citizens of this Village, or any of them, every person so offending shall, upon conviction thereof, be fined for every offense not less than twenty-five dollars($25.00)nor more than five hundred dollars ($500.00), and if such nuisance be not removed within three (3) days thereafter, it shall be deemed a second (2nd) offense against the provisions of this Section. SECTION 210.550: CORRUPTING OR DIVERTING WATER SUPPLY Whoever willfully or maliciously poisons, defiles or in any way corrupts the water of a well, spring, brook or reservoir used for domestic or municipal purposes, or whoever willfully or maliciously diverts, dams up and holds back from its natural course and flow any spring, brook or other water supply for domestic or municipal purposes, after said water supply shall have once been taken for use by any person or persons, corporation, Town or City for their use, shall be adjudged guilty of an ordinance violation and punished by a fine not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or by imprisonment in the Village or County Jail not exceeding ninety (90) days, or by both such fine and imprisonment, and shall be liable to the party injured for three (3) times the actual damage sustained, to be recovered by suit at law. SECTION 210.560: BURNING OF YARD WASTE OR TRASH PROHIBITED It shall be unlawful for any person to remove or dispose of yard waste or trash by burning it or by depositing it in any place, whether private or public property, within this Village for which such use has not been approved by the Board of Trustees pursuant to law. (R.O. 2012 §210.205; Ord. No. 834 §1, 1-17-02) § 115.100 Hanley Hills Village Code § 115.104 SECTION 115.100: HEALTH AND SOLID WASTE COMMISSIONER—DUTIES The Commissioner of Health and Solid Waste shall have general supervision of such matters as may be determined from time to time by the Board of Trustees of this Village to be and pertain to the health and welfare of the inhabitants of this Village; arid he/she shall promote, investigate and advise the Board of Trustees in all matters relating to the health and solid waste of the inhabitants of this Village. (R.O. 2012 §115.100; CC 1987 §21.240) SECTION 115.102: PUBLIC RELATIONS COMMISSIONER The Public Relations Commissioner in conjunction with the Chairman shall have supervision over and be responsible for all statements and information emanating from the Village directed to or requested by any of the news publishing media except for routine formal notices of public hearings. The Public Relations Commissioner, together with the Chairman of the Board, shall represent the Village at meetings of organizations in which the Village is interested and, when necessary, shall so represent the Village in lieu of the Chairman when the Chairman is unable to be present; and, in addition, shall make recommendations from time to time to the Board of Trustees with respect to the continuing improvement of the relationships of the Village with the surrounding communities and with organizations in which the Village is or should be interested. The Public Relations Commissioner shall supervise the publication and distribution of newsletters. (R.O. 2012 §115.102; CC 1987 §21.255) SECTION 115.103: STREETS AND SEWERS COMMISSIONER A. Duties. It shall be the duty of the Streets and Sewers Commissioner to inspect the streets, sewers and public rights-of-ways in the Village and to report to the Board of Trustees and recommend maintenance or repair work and he/she shall have the authority to declare a snow emergency in the absence of the Public Works Commissioner. B. Permits Issued. 1. No person shall break or dig into the surface of any street or public walkway or attempt to break, dig or repair any street, public sewer or public walkway in the Village without first obtaining a written permit from the Streets and Sewers Commissioner. Any person who fails to secure a written permit from the Commissioner and who shall do any of the enumerated acts shall be subject to a fine of one hundred dollars ($100.00) or imprisonment for one (1) year, or both fine and imprisonment. 2. The costs of the permit to break, dig or repair any street, public sewer or public walkway shall be one dollar ($1.00) for each job. (R.O. 2012 §115.103; CC 1987 §§21.260-21.265) SECTION 115.104: TREE, PARK AND RECREATION COMMISSIONER A. Duties. The Park Commissioner shall issue permits for all of Village park areas, recommend the purchase of materials, supplies, tools and equipment and the hiring of necessary labor, subject to approval by the Board of Trustees as to the purchase of said articles and the hiring of said labor. 24 SECTION 115.080: PUBLIC WORDS COMMISSIONER A. Selection. The Board of Trustees shall select some qualified individual to serve Commissioner who shall serve at the pleasure of the Board of Trustees. The Public Works Commissioner shall receive such compensation as may be fixed by ordinance from time to time. as Public Works B. Duties. It shall be the duty of the Public Works Commissioner to of work and equipment, subject to the Board of Trustees given in references supervise and ben fining,cleaning and repairing of all streets, roads, alleys, sewers, drains, bridges, sidewalks, trees, lawns and public places in the Village of Hanley Hills. The opening, maintaining, inspections and see that the streets, alleys, sewers, drains, bridges, sidewalksparkways, trees,Parlays, and public places are maintained and kept in good condition Commissioner shall make and free from obstructons and defects 22 § 115.080 Administration § 115.090 which might impair their free and open use by the public or result in injury to persons or property. The Public Works Commissioner shall be head of the Public Works Department and as directed through the Board of Trustees or as required by the ordinances provide, erect and maintain all street signs and traffic signs and markings. C. Powers. The Public Works Commissioner shall have power in emergencies to employ help in the performance of any of his/her duties until the next regular meeting of the Board of Trustees and shall certify to the Board the wages agreed to be paid such employees for such approval and payment. D. Attend Meetings. The Public Works Commissioner shall attend regular meetings of the Board of Trustees unless excused by the Chairman of the Board and shall also attend other meetings when requested to do so. He/she shall monthly or as requested report in writing to the Board of Trustees setting out the receipt and disbursements for the Road Department for the preceding period. He/she shall report on the work of his/her department and any needed work to be done with his/her recommendation thereon. He/she shall report and recommend the employment or dismissal of employees of his/her department and with reference to the wages of salaries to be paid as may be authorized by the Board of Trustees. E. Subject To Direction Of Board. The Public Works Commissioner shall perform such other duties as may be required by law or ordinance as directed by the Chairman and Board of Trustees and shall see that the directions of the Chairman and Board and all ordinances relative to streets, sewers, alleys, bridges, drains, parkways, trees, lawns and public places are obeyed and enforced. (R.O. 2012 §115.080) m WILEIARK due I BEL-NOR wzNiao C REENDALE EAbS Eq 9�X�r} Q RORA UNINCORPORATED XFFERSON ;, -0' `s.�a ww, 1 a� 9 '/ GAREmn / { r 3AOWON MONROE MONROE I \ '�{ep,_ ++1: A _"ALL t MADISON MADISON ) VINITA PARK H EY H I L W WASMNOTON WASWNGTON W�tEY `. ; vfi 4 .t1 d v .�-` . 1. ._ -, , ,, sv PAGEDALE ` FAIRNAM � � pURKY A. LIRER,Y 9 444 teary **�i IERMINOA TERMINAL i TRENT TRENTON FLOP)). ON WESTMoN, MALLARD MIUN UNIVE�R�SITY MLUN o-Y5'''' i WAYNE . Clj 1 1 WAYNE 'd i LYNN BOYNTON PAGEDALE B N LYNN I g 0 / Saint t.culs MAwrM b g COMITY MilesCANTON MI Ell IIIMIEMEIMI , PLANNING 0 0.04).08 0.16 0.24 0.32 Corrmunttty Development III �„O 1 Low to Moderate Income (LMI) by Census Block Group — Municipal Boundary City of HANLEY HILLS o-50%Low-to-Moderate-Income Office of Community Development,St. Louis County Department of Plannina. March 201Q — ': .r,OA k es.,_4.„_ItA„,-loes4., k....,...s.. DJM Ecological Services Inc Ecological Consulting Environmental Contracting 4630 W.Florissant Ave Natural Areas Management St.Louis,MO 63115 Custom Seed& djmecological.corr Plant Propagation 314.478.2388 Dou€ Prescribed Burning 314.974.4282Jor 844.987.9879 Fa) Bill To Invoice City of Hanley Hills Date Invoice# LaManda Goodrich 7713 Utica 4/8/2019 1179156 Hanley Hills,MO 63133 P.O. No. Terms Project Name Net 30 2019 Honeysuckle Removal Quantity Description Rate Amount City of Hanley Hills Honeysuckle Removal 2019 Completed 3-11-19 through 3-15-19 •All work will start at bridge on Raft and extend North along the River Des Peres tributary as far as possible for phase 1 •Goal is to reach the flags past the large oak tree on the residential side and same distance on the park side behind the slide. •All invasive species,except winter creeper and wild grape vine will be removed.If wintercreeper or wild grapevine are growing up a tree the main vine will be cut with at least a 12"gap and treated.No vines will be pulled out of the trees at this time. •All debris that can be chipped will be distributed back onto the flats of the project -Some trees under 6"DBH may be removed -Pricing includes labor for crew of 4 for one week and all equipment necessary(chipper, diamond mower,chainsaws, backpacks,etc) 1.00 Honeysuckle Clearning 15,665.00 15.665.00 Total $15,665.00 Balance Due $15,665.00