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ORDINANCE NUMBER 3413 AN EMERGENCY ORDINANCE OF THE MISSOULA CITY COUNCIL REPEALING CHAPTER 15.64 MISSOULA MUNICIPAL CODE ENTITLED, “GRADING, DRAINAGE, AND EROSION CONTROL” IN ITS ENTIRETY AND ESTABLISHING CHAPTER 15.65 ENTITLED “GRADING, DRAINAGE, EROSION CONTROL AND STORM WATER POLLUTION PREVENTION PLANS SECTIONS 15.65.010 THROUGH 15.65.130 TO PROVIDE MINIMUM STANDARDS FOR SITE GRADING AND THE CONTROL OF STORM WATER RUNOFF, BOTH QUANTITY AND QUALITY AND TO ESTABLISH STANDARDS FOR EROSION AND SEDIMENTATION CONTROL, PRESERVATION OF NATURAL DRAINAGE SYSTEMS, FLOOD MITIGATION, SITE GRADING, AND PROTECTION OF PROPERTY AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE SO THE REGULATIONS ARE IN PLACE AS SOON AS PRACTICAL FOLLOWING THE ADOPTION OF NEW TITLE 20 (THE MISSOULA ZONING ORDINANCE). BE IT ORDAINED THAT CHAPTER15.64 MISSOULA MUNICIPAL CODE IS HEREBY REPEALED IN ITS ENTIRETY AND CHAPTER 15.65, SECTIONS 15.65.010 THROUGH 15.65.130 IS HEREBY ESTABLISHED AS FOLLOWS: Chapter 15.65 GRADING, DRAINAGE, EROSION CONTROL AND STORM WATER POLLUTION PREVENTION PLAN Sections: 15.65.010 Purpose 15.65.020 Applicability 15.65.030 Definitions 15.65.040 Permit Required 15.65.050 Permit—Application—Fee. 15.65.060 Permit fee exceptions 15.65.070 Investigation Fees; Work without a Permit 15.65.080 Permit Fee Refunds 15.65.090 General Requirements for Single Family and Duplex Residential Parcels 15.65.100 General Requirements for Multifamily, Commercial and Industrial parcels 15.65.110 Submittal requirements 15.65.120 Plan Requirements and Design Standards 15.65.130 Storm Water Pollution Prevention Plan Requirements 15.65.010 Purpose. The purpose of this section is to provide minimum standards for site grading and the control of storm water runoff, both quantity and quality. This section creates permitting, submittal and development design standards for erosion and sedimentation control, preservation of natural drainage systems, flood mitigation, site grading, and protection of property. 15.65.020 Applicability This objective of this code is to regulate earthwork / grading (soil movement), drainage and storm water runoff to protect natural resources from erosion and to conform to Storm Water pollution Prevention Plan and air quality standards. Furthermore, this code shall facilitate compliance with Federal S. Environmental Protection Agency [EPA]), State (State of Montana, Department of Environmental Quality [DEQ]) and County (Missoula City-County Health Department, Air Pollution Control) requirements. ---PAGE BREAK--- 15.65.030 Definitions 1. means Best Management Practices, which is the physical, structural and / or managerial practices that when used singly or in combination, prevent or reduce storm water pollution and manage erosion. 2. means the State of Montana Department of Environmental Quality. 3. "Drainage" means the natural and / or artificial draining, movement or removal of water due to; a. a creek, stream or river in normal or flood capacity or other natural body of water. b. natural rainfall, runoff or storm water. c. sheeting, also known as melting snow and / or thawing ice on the surface of frozen ground. 4. means the United States Environmental Protection Agency. 5. "Erosion Control" means management action or measures taken to prevent or reduce the amount of breakdown, damage and / or destruction caused by water, wind, ice or other natural force. "Erosion Control" is intended to prevent or reduce water pollution and / or soil loss. 6. "Grading" means the mechanical movement of dirt, gravel, rock, sand or soil to adjust the level or steepness (grade) of a construction site (development / parcel / lot). 7. means Notice Of Intent, which is the DEQ form and full packet submittal required to apply for a Storm Water Pollution Prevention Plan Permit. 8. means Notice Of Termination, which is the DEQ form required to close out a construction storm water permit after work has been completed and the development / parcel / lot has been stabilized to at least seventy (70%) percent of pre-construction vegetation. 9. means Permit Transfer Notice, which is the DEQ form required to transfer an approved Storm Water Pollution Prevention Plan Permit to a new development / parcel / lot owner. 10. "Permittee" means the person (owner / operator) to whom the DEQ Storm Water Pollution Prevention Plan Permit is issued. 11. "Retaining Wall" means a structure that holds back dirt, gravel, rock, sand, or soil from a building, structure or an area. A "Retaining Wall" can prevent down-slope movement or erosion and provide support for vertical and / or near-vertical grade changes. a. "Storm Water" means water that is generated or resultant of; b. precipitation or rainfall c. melting snow or thawing ice. d. flooding, runoff or excessive surface movement. and that which flows into or co-joins with creeks, streams, rivers or other natural bodies of water or man-made management systems of canals, ditches and / or pipes. 12. "S.W.P.P.P." means Storm Water Pollution Prevention Plan 15.65.040 Permit required. 1. It shall be unlawful for any person, firm or corporation to commence grading associated with a building permit or zoning compliance permit on public or private property without first obtaining a Grading Permit from the City Engineer. Any new building which requires a building permit where grades are altered more than three feet except single-family residences located on slopes less that five percent shall require a Grading Permit. Any construction activities related to ---PAGE BREAK--- grading which shall meet the requirements of this chapter, shall require a Grading Permit. The applicant for the permit shall provide plans of the proposed site development in conformance with this chapter and receive approval for such plans prior to commencing any construction. 2. Grading, Drainage and Erosion Control Permits shall expire by limitation and become null and void if work authorized is not commenced within one hundred eighty (180) calendar days after date of issuance. Also, permits shall expire by limitation and become null and void if work authorized by the permit is suspended for more than thirty (30) calendar days except for weather related delays. Issued Grading, Drainage and Erosion Control Permits expire one year from date of issuance. Before work is commenced, a new permit shall be issued and a full permit fee paid. The City Engineer or a designated agent may grant extension of time on permits. Applicants shall give the City Engineer or a designated agent two hours notice prior to beginning grading operations, and provide notice of completion of work under the permit. 3. Storm Water Pollution Prevention Plan Permits shall expire by limitation and become null and void if work authorized is not commenced within one hundred eighty (180) calendar days after date of issuance. Also, permits shall expire by limitation and become null and void if work authorized by the permit is suspended for more than thirty (30) calendar days except for weather related delays. Issued Storm Water pollution Prevention Plan Permits expire one year from date of issuance. Before work is commenced, a new permit shall be issued and a full permit fee paid. The City Engineer or a designated agent may grant extension of time on permits. Applicants shall give the City Engineer or a designated agent two hours notice prior to beginning grading operations, and provide notice of completion of work under the permit. 15.65.050 Permit—Application—Fee. Permit fees are based on the average direct and indirect costs to provide plan review, permit administration, field inspection, and record management. The fee for obtaining a permit shall be as follows: Grading, Drainage and Erosion Control Fee 1. Single family residence with slopes between five percent and ten percent $293.00 2. Single family residence with slopes greater than ten percent $340.00 3. Commercial / industrial / multi-family development / parcel / lot: $411.00 Air Quality, Water Quality and Storm Water Pollution Prevention Plan Fee 1. One acre or greater and less than five acre development / parcel / lot: $250.00 2. 3. Five acre to ten (10) acre development / parcel / lot: Ten (10) acre to twenty (20) acre development / parcel / lot: $293.00 $340.00 4. Greater than twenty (20) acre development / parcel / lot: $411.00 Revenue from these fees shall be credited to the general fund. 15.65.060 Permit fee exceptions. 1. Any contractor doing work for the City may be exempted from permit fees referred to in Section 15.64, by the City Engineer. 2. Work performed by the City is exempt from permit fees. 15.65.070 Investigation Fees; Work without a Permit. Whenever any work for which a permit is required by this ordinance has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The ---PAGE BREAK--- investigation fee shall be equal to the amount of the permit fee required by this ordinance. The payment of such investigation fee shall not exempt any person from compliance with all provisions of this ordinance. Storm Water Pollution Prevention Plan Permits shall also be subject to federal EPA and / or state DEQ and / or county Air Quality, penalties and fines, as applicable. 15.65.080 Permit Fee Refunds. Refunds or credits of permit fees shall only be given when permit errors or mistakes are caused by the city. 15.65.090 General Requirements for Single Family and Duplex Residential Parcels 1. The finished grade of the ground shall slope away from the house 2. Roof drainage structures shall be installed so as to divert strom water away from the foundation of the structure. Roof drainage shall not be constructed to concentrate storm water runoff on to an adjacent parcel. 3. The finished grade shall be contoured to move storm water away from any structures, this includes: a. Stormwater runoff from impermeable surfaces such as roofs, driveways, and sidewalks on the subject property b. Runoff from adjacent properties and undeveloped lands 4. The finished grade shall be contoured such that: a. Storm water runoff shall not impact structures on adjacent parcels but shall be configured to direct storm water runoff to landscaped undevelopable areas, or drainage facilities of the adjacent properties. b. That natural drainage patterns shall be unaltered or if approved by the city engineer may be redirected c. Post developmental drainage patterns shall be unaltered or if approved by the city engineer may be redirected 5. Irrigation shall be installed and used so as not impact adjacent properties. 15.65.100 General Requirements for Multifamily, Commercial and Industrial parcels. All storm water runoff shall be retained on site. 1. Drainage and grading plans shall be prepared by a by a licensed professional engineer, surveyor or architect 2. A minimum of one eight foot sump or dry well shall be installed per every ten thousand square feet (10,000 SF) of impervious area including but not limited to paved areas, sidewalks, roofs, etc. Additional drainage facilities may be required if soil permeability indicates a slow percolation rate. 3. Alternative drainage systems may be considered with approval from City Engineer. 4. Multifamily, commercial, and industrial parcels that have four or less parking spaces shall meet the requirements set forth in 15.65.060 15.65.110 Submittal Requirements. 1. Plans for grading, drainage and erosion control shall be approved by the City Engineering Division, where required, prior to any on-site grading. The following information shall be submitted by the applicant for a Building and / or Zoning Compliance Permit for all new construction and/or additions including but not limited to structures, driveways, streets and parking. The site plan and grading plans may be on one sheet. A Grading and Drainage Plan to scale not to exceed one inch equals 40 feet; 2. All structures proposed and existing; ---PAGE BREAK--- 3. All property corners and adjacent right-of-way, including location of curbs, sidewalks, and driveways; 4. All utilities and utility easements and other easement locations; 5. Existing and finished floor elevations for primary structures; 6. North arrow and scale; 7. Spot elevations for driveway at the street; finished elevation for garage; and existing and finished grade at building corners; 8. Areas of riparian resource; 9. Existing trees including location and size; 10. Locations of cut and fill; 11. Existing and proposed drainage structures and flow lines; 12. Proposed slopes in excess of 2:1; 13. Retaining walls; 14. Storm Water Pollution Prevention Plan 15. Drag-on prevention plan 16. For slopes ten percent (10%) or greater, all multi family, commercial, and industrial parcels with more than four Parking spaces the following additional information shall be required: a. A contour map showing two foot existing and proposed contours of the entire lot up to one acre in size b. A contour map showing two foot existing and proposed contours for the disturbed area on lots exceeding on acre in size. c. The contour maps including the grading and drainage plans shall be prepared by a licensed professional engineer, surveyor or architect 15.65.120 Plan Requirements and Design Standards. 1. Five copies of the submitted plans for the proposed grading, drainage, erosion control and Storm Water Pollution Prevention Plan shall be submitted to the City Engineer at the time of the application for zoning compliance permit and / or building permit which requires site grading as described in Title 15.64. The submitted plans shall be in conformance with Title 12, Title 15, Title 20, or as required by any Federal, State, Local agency and / or the Building Division, Engineering Division and / or Zoning Office. 2. All disturbed slopes shall be graded or have retaining walls constructed according to an approved grading plan. The required grading plans shall accomplish the following: a. Cut-and-fill slopes and intersections of manufactured and natural slopes shall have curved configurations that reflect the forms and shapes of surrounding topography. ---PAGE BREAK--- CONTOUR GRADING ILLUSTRATION b. Grading shall incorporate elements to protect drainage systems. Natural drainage ways shall be preserved. Drainage ways shall remain clear and open and shall not be obstructed with fences, structures, etc. Streets and roads which cross a drainage way shall preserve the capacity of the drainage. c. Grading shall integrate landscaping design to provide erosion protection and prevent weed infestation to the site. Landowners shall replant areas of disturbance no later than the first growing season in consultation with the County Extension Office. d. Where site grading is necessary, topsoil shall be salvaged or imported to redistribute on areas to be re-vegetated. e. Where drainage swales are used to divert surface waters, they shall be vegetated or protected to minimize potential erosion. f. Manufactured slopes may not exceed a slope ratio of 2:1 unless all of the following requirements are met and satisfied; i.The soils are suitable. ii.Only if it is necessary so that significant environmental characteristics of a site are preserved or the need for extensive cut and fill slopes is substantially reduced. iii.Shall have certification by a licensed professional geotechnical / soils engineer. g. Within public rights-of-way, private use of retaining structures shall be allowed only if approved by the Public Works Director. Slope ratios within the public right-of-way require approval by the Public Works Department. ---PAGE BREAK--- h. Use of retaining structures outside of the right-of-way may be allowed, if approved by the Public Works Department and the Building Inspector, as part of the grading plan. 3. Provisions for the collection of storm water runoff and prevention of soil erosion shall be the first improvements constructed on the development site. Such improvements shall be designed to divert surface water away from cut faces or sloping surfaces of a fill. 4. Unless an adequate storm sewer exists or is provided, all surface run-off in addition to that normally present before development shall be retained on-site or released from the site in a manner which shall not substantially increase the peak run-off normally present before development. Restrictive covenants may be required to mitigate adverse effects of property drainage. Mitigation may involve the installation of drainage structures or the connection to an existing storm drainage system. Drainage easements across adjoining land to the nearest drainage way may be required. 5. Design of such drainage facilities shall be based upon local soil factors, topography, natural drainages, gullies and swales, aesthetics, and capacity for proper disposal of excess water. Drainage facilities shall be designed to handle both the development and the adjacent drainage basin. 6. Any trees to be saved shall be noted on the site plan and grading shall not take place inside the ‘drip line’ of the tree canopy. 7. All cut and fill shall be confined to stated right-of-way widths or roadway easement widths. 8. In residential developments with lot sizes one acre or smaller in size, if the total percentage of the impervious surface exceeds 35% of the lot size, additional drainage and / or erosion control measures may be required. . 15.65.130 Air Quality, Water Quality and Storm Water Pollution Prevention Plan Requirements 1. All areas of construction where earthwork / grading (soil movement) occur shall take measures to prevent all dirt, soil, sand, gravel, mud, rock, concrete and / or any other debris from being spilled, tracked and / or dragged onto any / all streets, alleys or rights-of-way from any / all developments / parcels / lots. 2. Storm Water Pollution Prevention Plan shall be required for all work on development / parcel / lot over one acre in size, including any / all access points / routes to / from development / parcel / lot. a. shall comply with current U. S. Environmental Protection Agency (EPA) requirements. b. shall comply with current State of Montana Department of Environmental Quality (DEQ) requirements. c. shall identify storm water pollution prevention measures or Best Management Practices (BMPs) to be used and shall specify location of measures (BMPs) applied to the development / parcel / lot. 3. Copy of Notice of Intent (NOI) issued by the State of Montana Department of Environmental Quality (DEQ) is required with submittal and prior to commencement of any work. 4. Copy of Notice of Termination (NOT) issued by the State of Montana Department of Environmental Quality (DEQ) is required prior to release from approved requirements and final approval of permit. ---PAGE BREAK--- 5. Copy of Permit Transfer Notice (PTN) issued by the State of Montana Department of Environmental Quality (DEQ) is required prior to release of current NOI permit holder from approved and / or assumption by new NOI permit holder. 6. Air Quality, Water Quality and Storm Water Pollution Prevention Plan violations shall result in a Notice of Violation (NOV) and shall be provided twenty-four (24) hours to correct the violation. a. Failure to take corrective action shall result in suspension of the Permit. i. A suspended Permit shall be reinstated with out additional fees if resolved within seven days. ii. A suspended Permit that is not resolved within seven days shall not be reinstated; permittee shall re-apply and re-purchase Permit and shall be subject to Permit fees. b. Failure to take corrective action shall result in a fine equal to the Permit Fee amount. c. Each day a violation continues shall constitute a new violation and any / all resultant fines. d. Any / all corrective action and associated costs required by the City of Missoula work crews and / or a third-party contractor to perform corrective measures on behalf of the permittee shall be charged to permittee and / or assessed to the subject development / parcel / lot. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase, and words thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or unconstitutional, and if for any reason this ordinance should be declared invalid or unconstitutional, then the remaining ordinance provisions will be in full force and effect. PASSED by a 12 Ayes, 0 Nays, 0 Abstain, 0 Absent vote, and APPROVED by the Mayor this 23rd day of November, 2009. ATTEST: APPROVED: Martha L. Rehbein John Engen Martha L. Rehbein John Engen City Clerk Mayor