ORDINANCE NO. 120933
Amending Chapter 63, Erosion and
Sediment Control, Code of Ordinances, by repealing Sections 63-21, 63-22,
63-24, 63-33, 63-42 and 63-43 and enacting in lieu thereof new sections of like
number and subject matter modifying the purpose of the article, adding terms to
the definitions section, and modifying the enforcement provisions.
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 63 of the Code of Ordinances of Kansas City, Missouri, entitled Erosion
and Sediment Control is hereby amended by repealing Sections 63-21, 63-22,
63-24, 63-33, 63-42 and 63-43 and enacting in lieu thereof new sections of like
subject matter, to read as follows:
Sec. 63-21. Title and
authority.
This Article
shall be known as the Kansas City, Missouri Erosion and Sediment Control Regulations
and may be cited as “Erosion and Sediment Control Regulations” or “Regulations”.
The director of city planning and development shall be responsible for the
administration and enforcement of this Article.
Sec. 63-22. Purpose of Article.
(a) Purpose.
The purpose of this Article is to promote and protect the public interest by
regulating land disturbance, land fill, and soil storage in connection with the
clearing, grading and condition of land for construction related or other
purposes. It is also the purpose of this Article to encourage responsible
development and minimize the cost to the development community as a result of
the regulations in this Article. This Article establishes administrative,
implementation, and enforcement procedures for the protection and enhancement
of the water quality of watercourses, water bodies, and wetlands by controlling
erosion, sedimentation, and related environmental damage caused by
construction-related or other activities.
(b) Violation.
(1)
Prohibited
Conditions.
Any condition on private property which, in the event of precipitation and
natural drainage, causes or permits soil, sediment, silt, dirt or mud from such
private property to wash upon the private property of another without its
owner’s consent or upon a sidewalk, street or other public property is
prohibited.
(2)
Responsible
Person.
It is a violation of subsection (b) of this section for any owner, occupant,
land disturbance permit holder or agent thereof of any land, building or
structure to cause, permit or allow to remain the conditions described in
subsection (b)(1) of this section.
(3)
Penalty. Any person
convicted of a violation of subsection (b) of this section shall be sentenced
to a fine of not less than $50.00 and not more than $500.00, or imprisonment in
the municipal correction institution for a period not to exceed 180 days, or both
such fine and such imprisonment.
(4)
Each
Day is a Separate Violation. Each day that a violation of subsection
(b) of this section continues shall be a separate offense for which the person
in violation may be charged, arrested, tried, convicted and sentenced.
Sec. 63-24. Definitions.
For the purposes
of this Article, the following terms, phrases, words and their derivations
shall have the following meanings. When not inconsistent with the context,
words used in the present tense include the future, words in the plural number
include the singular number and words in the singular number include the plural
number.
The words “shall”
and “will” are mandatory and “may” is permissive. Words not defined shall be
given their common and ordinary meaning.
Adopted Standards means
any design or construction specification, including the erosion and sediment
control design criteria and specifications, adopted in writing by the director
of public works or director of water services.
Agricultural Crop
Management Practices means all land farming operations including
plowing or tilling of land for the purpose of crop production or the harvesting
of crops.
Applicant means
the person who owns the affected property or the person’s authorized agent who
submits or is required to submit an application to the director of city
planning and development for a site disturbance permit.
Best
management practices (BMPs) means schedules of activities,
prohibitions of practices, general good housekeeping practices, pollution
prevention and educational practices, maintenance procedures, and other
management practices to prevent or reduce the discharge of pollutants directly
or indirectly to stormwater, receiving waters, or stormwater conveyance
systems. BMPs also include treatment practices, operating procedures, and
practices to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
Building Permit means
any permit issued by the director of codes administration.
Clearing means
any activity which removes the vegetative ground cover including, but not
limited to, root removal or top soil removal.
Code
means the code of ordinances for the city.
Construction
activity means activities subject to national pollutant discharge
elimination system permits issued by the Missouri Department of Natural
Resources or EPA (“NPDES construction permits”) or city land-disturbance
permits. Such activities include but are not limited to clearing and grubbing,
grading, excavating, and demolition.
Director means
the director of city planning and development of the city or the director’s
authorized representative.
Earth Materials means
any rock, natural soil or combination thereof.
Erosion means
the wearing away of land by the action of wind, water, gravity, or a
combination thereof.
Erosion and Sediment
Control Plan means a set of measures designed to control runoff and
erosion, and to retain sediment on a particular site during pre-construction,
construction, and after all permanent improvements have been erected or
installed.
Erosion and Sediment
Control Regulations means this Article in its entirety.
Erosion and Sediment
Control Specifications means the erosion and sediment control design
criteria and specifications adopted in writing by the director of public
works.
Engineer means
a Civil Engineer that is registered as a Professional Engineer with the
Missouri Board of Architects, Professional Engineers and Land Surveyors.
Excavate
means the mechanical removal of earth materials.
Fill
means the deposit or stockpiling of earth materials.
Grading
means any excavating or filling of earth materials or any combination
thereof.
Inspection
means the periodic field review of erosion and sediment control measures as
defined in the erosion and sediment control plan for the purposes of
determining compliance.
Land Disturbance/Land
Disturbance Activity means any activity that changes the physical
conditions of landform, vegetation, and hydrology. Such activities include, but
not limited to, clearing, removal of vegetation, stripping, grading, grubbing,
excavating, filling, logging, and storing of materials.
Land Fill means
any human activity depositing soil or other earth materials.
Nuisance means
any act or situation as defined in Section 48-3 of the Code of Ordinances for
the City.
Occupant means
any person who has a legal or equitable interest in any land, building or
structure other than a fee interest, including a life tenant, tenant, lessee,
tenant at will, tenant at sufferance or adverse possessor, as well as a person
in possession or a person who has charge, care or control of such land,
building or structure as the agent or personal representative of the person
holding legal title to a fee interest.
Owner
means any person who, alone or jointly or severally with others:
(1)
Shall
have legal title to any land, building or structure, or part thereof, with or
without having actual possession thereof; or
(2)
Shall
have charge, care or control of any land, building or structure, or part
thereof; or
(3)
Shall
have possession or right to possession of any land, building or structure under
contract for deed.
Person
means any individual, firm, partnership, corporation, association,
organization, or legal entity of any kind including governmental
entities.
QCR means
Quality Control Review, a process of checking a Plan submittal application or
resubmitted for completeness against a certified submittal checklist that the
applicant has prepared and attached to the Plan prior to acceptance for
technical review.
RCR means
Review Comment Resolution, a service provided to communicate and clarify review
deficiencies.
Regulations
means the Kansas City, Missouri Erosion and Sediment Control Regulations in its
entirety.
Sampling
means the procedures associated with the determination of settleable solids and
may include suspended solids in a discharge sample of water.
Sediment
means any solid material, mineral or organic that has been deposited in water,
is in suspension in water, is being transported or has been removed from its
site of origin by wind, water, or gravity as result of soil erosion.
Site Disturbance
Permit means authorization given by the director of city planning and development
noted in Section 63-34, to perform land disturbance activities.
Soil
means the unconsolidated mineral and organic material on the immediate surface
of the earth that serves as a natural medium for the growth of land
plants.
Soil Storage
means any human activity depositing soil or other earth materials for later use
or disposal.
Timbering means
the act of cutting and removing trees without disturbing the root or adjacent
vegetation.
Vegetative Cover means
any grasses, shrubs, trees and other vegetation which hold and stabilize
soils.
Water Bodies means
surface waters including rivers, streams, lakes and wetlands.
Wetlands means
those areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life
in saturated soil conditions. This does not include the following surface
waters of the state intentionally constructed from sites that are not wetlands:
drainage ditches, grass-lined swales, and landscape amenities.
Work means
any activity that involves construction or preparation for construction of an Improvement.
Sec. 63-33. Security for
performance of work.
The director
shall require the applicant to provide security equal to the estimated cost to
install and maintain the approved erosion and sediment control measures for the
duration of the site disturbance permit as defined in Section 63-35 of this Article
if the land disturbance is within the watershed of a public or private lake or
pond. The applicant has two options to secure the performance of work:
(1)
Option 1: Performance Bond. The applicant may furnish a
performance bond, approved by the director of finance; or
(2)
Option 2: Letter of Credit Agreement. The applicant may
enter into a letter of credit agreement with the city, whereby the applicant
will submit a letter of credit from a bank approved by the director of
finance.
The director is authorized to
apply the bonding requirements under Ch. 64-4 of the Code if authorization to
perform land disturbance activities is included in the special permit under Ch.
64-4 of the Code.
Sec. 63-42. Enforcement activities.
The director
shall handle enforcement through the normal routine activities that include
receiving inspection reports from the applicant, inspecting the site,
communicating, issuing corrective orders, issuing notices of violation, and
issuing citations to the applicant to resolve issues of noncompliance with this
chapter. The director may also proceed with the additional enforcement actions
outlined in Section 63-43 of this Article.
Sec. 63-43. Enforcement actions.
In addition to
the enforcement activities, as defined in Section 63-42, the director may take action
against the security as provided under Section 63-33, and may take the
following actions in order to correct deficiencies:
(1) The director may suspend the site disturbance
permit and other construction activity and issue a written stop work order, and
the applicant shall cease all construction work on the site, except work
necessary to remedy the cause of the suspension, upon notification of such
suspension when:
a. Applicant fails to submit reports timely and
in accordance with Section 63-38; or
b. Inspection by the director reveals the site is not
in substantial compliance with the erosion and sediment control plan, site disturbance
permit, adopted standards of this Code; or
c. Applicant fails to comply with an order to
bring the site into compliance with this Code within time limits imposed by the
director.
(2) The director may revoke the site disturbance
permit, if a permit has been issued, and issue a stop work order if the
applicant fails or refuses to cease work. A stop work order issued pursuant to
this section does not affect building permits which are issued by the director.
However, the director may issue a stop work orders affecting building permits
in accordance with Chapter 18 of the Code of Ordinances.
(3) The director shall reinstate a suspended site disturbance
permit upon the applicant’s correction of the cause of the suspension.
(4)
The director may not reinstate a revoked site disturbance permit.
(5)
The director may take other enforcement actions as necessary to enforce
this Code.
_____________________________________________
Approved as to form and legality
__________________________________
Sarah Baxter
Assistant City Attorney