[R.O. 2011 §515.010; Ord. No. 198-91 §4.21.1, 11-20-1991]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
Any act by which earth, asphalt, concrete, sand, gravel,
rock or any other material in or on the ground is cut into, dug, uncovered,
removed, or otherwise displaced, by means of any tools, equipment
or explosives, except that the following shall not be deemed excavation:
Any de minimis displacement or movement of ground caused by
pedestrian or vehicular traffic;
The replacement of utility poles and related equipment at the
existing general location that does not involve either a street or
sidewalk cut; or
Any other activity which does not disturb or displace surface
conditions of the earth, asphalt, concrete, sand, gravel, rock or
any other material in or on the ground.
Any act by which earth, sand, gravel, rock or any other similar
material is deposited, placed, pushed, pulled or transported to a
place other than the place from which it was excavated and shall include
the conditions resulting therefrom.
Excavation or fill or any combination thereof and shall include
the conditions resulting from any excavation or fill.
A lot, tract, project or subdivision or a single owner or
several owners.
[R.O. 2011 §515.020; Ord. No. 198-91 §4.21.2, 11-20-1991]
A.
Inspections
shall be made on behalf of the Public Works Director by the City Inspector
during each stage of fill operations and final approval shall be required
upon completion of operations. Applicant shall notify the City of
the following forty-eight (48) hours prior to initiation and as completed:
[R.O. 2011 §515.030; Ord. No. 198-91 §4.21.3, 11-20-1991]
A.
All violations
of this Chapter shall be corrected within the time limit specified
in the issuance of a written notice to correct. Action to correct
violations which require immediate action shall be taken upon verbal
notification of the contractor or owner (whomever holds the permit)
by the City. All persons failing to comply with such notice shall
be deemed in violation of this Chapter.
B.
Any usage
of the permittee's deposit or bond shall be followed by a written
explanation by the Public Works Director describing the condition
corrected and the funds required to complete the corrective action.
[R.O. 2011 §515.040; Ord. No. 198-91 §4.21.4, 11-20-1991]
A.
A permit
shall be issued under this Chapter and shall remain in force only
upon compliance with the following requirements:
1.
Surface waters — damage. Adequate provision shall
be made to prevent any surface waters from damaging the cut face of
an excavation or the sloping surface of a hill.
2.
Retaining walls — cribbing. Retaining walls or cribbing
shall be required whenever necessary to prevent the surface of any
excavation or fill from exceeding at any point the maximum allowable
slopes as set forth herein.
3.
Drainage. All drainage provisions shall be of such design
to carry surface waters to the nearest practical storm drain, natural
watercourse or street as approved by the Public Works Director as
a suitable place to deposit and receive such waters.
4.
Protection of streets, property. No excavation shall be
made so close to the property line to endanger any adjoining public
or private street without supporting and protecting such public or
private street or property from settling, cracking or other damage.
5.
Fill location. No fill shall be made so as to cause or to
allow the same to be deposited upon or to roll, flow or wash upon
or over the premises of another without the express written consent
of the owner of such premises so affected; or upon or over any public
street, walk, place or way; nor so close to the top of a bank of a
channel as to create the possibility of bank failure and sliding.
6.
Materials. Materials for fills shall consist of material
obtained from excavation of banks, borrow pits or other sources approved
by the Building Commissioner or Inspector. Material shall be free
of vegetable matter or deleterious material and shall not contain
large rocks or lumps. Materials for roadways are not covered by this
Chapter.
7.
Minimum standards. Minimum standards of excavations and
fills shall be as follows:
a.
No
excavation shall made with a cut face steeper in slope than two (2)
horizontal to one (1) vertical, unless the material in the excavated
face is stable at a steeper slope as determined by experience for
similar materials under comparable conditions and so certified by
an experienced registered soils engineer.
b.
No fills shall be made which creates an exposed embankment face steeper in slope than three (3) horizontal to one (1) vertical. The embanked end of the fill shall be uniformly compacted as provided in Subsection (8) hereof and stable under the proposed conditions.
If a steeper slope is proposed, its stability shall be certified
by an experienced registered soils engineer.
8.
Compaction. All fills intended to support buildings or structures
or sewers and conduits shall be compacted to a minimum of ninety percent
(90%) compaction as determined by Modified Proctor, ASTM D-1775. Compaction
of fills for these uses must be certified by a registered professional
soils engineer. Frequency of compaction tests is to be determined
by the City Inspector. Compaction of other fills shall be required
where necessary as a safety measure to aid in preventing the saturation,
slipping or erosion of the fill. Certified copies of the Soils Reports
are to be forwarded to the Public Works Director when requested. The
requirements of the Public Works Director for the compaction of fills
shall include, but shall not be limited to, the following:
a.
Areas
to be graded by cutting or filling shall be rough graded to within
two-tenths (2/10) of a foot of accepted elevation after allowance
has been made for thickness of topsoil, paved areas and other installations.
b.
The
natural ground surface shall be prepared by removing topsoil and vegetation
and by compacting the fill upon a series of terraces. Hillside or
slope fills shall require plowing or scarification of original ground.
c.
Grading
on slopes will require silt fencing at intermediate levels to slow
surface water, prevent rutting and decrease erosion.
d.
Grading
sites will require silting basins to prevent mud from washing onto
adjacent properties.
e.
If
fill material moisture content is below the requirement for compacting
to maximum practical density, water in the proper amount shall be
added. If moisture content is too great, fill material shall be aerated
by blading or other satisfactory methods to reduce moisture content.
f.
Frozen
materials or soft, mucky, friable, easily compressible materials shall
not be incorporated in fills intended to support buildings, structures,
sewers or conduits, or in the embanked ends of fills. In heavy rain,
interrupted work shall not be resumed until moisture content is satisfactory.
Fill material shall not be placed, spread or rolled while the ground
is frozen or thawing.
g.
The
maximum uncompacted thickness of layers of the fill to be compacted
shall not exceed eight (8) inches.
h.
Compaction
shall be by tamping, sheeps foot, rollers, multiple wheel pneumatic
or other type rollers. Rolling shall be continuous until the desired
maximum density is obtained.
i.
Density
of the completed fill shall depend upon the location and use of the
fill as required by the City Inspector.
j.
Topsoil
disturbed by grading or building operations shall be stripped and
piled for storage in an amount necessary to complete finished grading
only.
9.
Removal of timber, rubbish, etc.
a.
Timber,
logs, trees, brush, vegetable matter and rubbish of any description
shall be removed and disposed of so as to leave the disturbed area
with a neat and finished appearance. Tree stumps, masonry and other
obstructions shall be removed to the following depths:
b.
Solid
rock, shale or similar materials shall be removed to a depth of fifteen
(15) inches below subgrade for paved area and two (2) feet below finish
grade for lawn area except where it is impractical because of rock
outcropping.
[R.O. 2011 §515.050; Ord. No. 198-91 §4.21.5, 11-20-1991; Ord. No. 637-06 §1, 10-18-2006]
A.
Construction Use Or Temporary Driveways. The location and
construction of temporary driveways into a construction site must
be approved by the proper City authority before construction and connection
to the City or private streets and roads is made. The driveway location(s)
are to be "staked" with conspicuous means for review
and approval by the City regarding drainage, silt control and traffic
safety of entering or leaving the City roadways. The proposed locations
may have to be changed if deemed necessary for erosion control or
a hazard to motorist using the roadways.
B.
Permanent Driveways. The location and construction of private
driveways into a single residential site or a subdivision shall be
approved by the proper City authority. The location at the City roadway
shall be "staked" by the builder/owner/architect
with conspicuous means for review and approval by the City regarding
traffic safety during entry and egress from the property. The proposed
location may have to be moved or configuration altered to provide
traffic safety due to the driveway addition. In the event that the
existing roadway coupled with the terrain presents a situation that
will offer a hazard to motorists using the street at intersection
of the proposed driveway and the road, then the owner/developer may
be required to install suitable warning signage a maximum of one hundred
(100) feet in both directions from the driveway in the roadway right-of-way
as directed by the City.
C.
New subdivision
street connections to existing City or private streets may require
the construction by the developer of a turning lane addition to the
existing City or private roadway. Turning lanes for entrance and egress
to the subdivision shall be in the order of one hundred (100) feet
long. The need for the turning lanes will be determined by consensus
of the appropriate City agencies.
D.
The term "driveway" is hereby defined as a manmade means of entrance
and egress from the public streets and alleys of this City to privately
owned property, whether such driveway is primarily intended for use
of vehicles, pedestrians or both.
[R.O. 2011 §515.060; Ord. No. 198-91 §4.21.6, 11-20-1991]
A.
Before
construction actually commences or while the work is in progress,
the Public Works Director may require any contractor or subcontractor
to post surety bond or insurance with the City to guarantee the City
for compensation for any damage to streets, curbs, sidewalks or public
facilities.
B.
Routes. The City Inspector shall, at least two (2) working
days before the commencement of work and usage of the streets of the
City, notify the contractor of the route or routes to be used by such
trucks and equipment. The contractor shall be charged with the duty
of seeing that the trucks or equipment use only the route or routes
designated by the City Inspector. In the event of any emergency requiring
a change in route or routes, of if the City Inspector finds or determines
that any route or routes so designated are not safe or that excessive
damage is being caused to any street or streets in the City by such
usage, or if he or she finds the welfare of the City so requires,
he or she may, upon one (1) day's notice to the contractor in writing,
designate an alternate route or routes, and it shall thereupon be
the duty of the contractor to see that the trucks or equipment use
only the alternate route or routes designated by the City Inspector.
[1]
State Law Reference — Restoration of streets, §67.1834,
RSMo.
[R.O. 2011 §515.070; Ord. No. 198-91 §4.21.7, 11-20-1991]
Inspection. In addition to the taking of photographs
before and after construction, the City Inspector shall cause a thorough
inspection to be made of the condition of the pavement of the streets
designated and used under the permit, as well as the curbs and sidewalks,
and shall make written reports to the Public Works Director of his
or her findings, including with his or her report after termination
of the work, his or her estimate of the cost of restoring the street
to its original condition as well as any curbs or sidewalks. The Public
Works Director shall notify the permittee of the necessary appropriate
costs and actions required.
[R.O. 2011 §515.080; Ord. No. 198-91 §4.21.8, 11-20-1991]
At the time the City Inspector designates the route or routes to be used as provided in Section 515.060, he or she shall notify the contractor that the City will hold the contractor liable for unusual wear and tear or damage to the streets, curbs and sidewalks resulting from such usage, and that acceptance of the route by the contractor shall constitute an agreement on his or her part to pay the reasonable cost of restoring the streets, curbs and sidewalks in question to their original condition. Within thirty (30) days after termination of the contractor's usage of the route under the grading permit, the contractor shall negotiate with the Public Works Director for payment to the City of an amount sufficient to reimburse the City for the expense of restoring the streets, sidewalks and curbs to their original condition. If the Public Works Director and the contractor are unable to reach any agreement the matter shall be referred to the City Attorney for further negotiations or litigation as may be found advisable or necessary.
[R.O. 2011 §515.090; Ord. No. 198-91 §4.21.9, 11-20-1991]
A.
Barriers At Construction Site. After new excavation or construction
is commenced, on any lot or tract of land in the City, and until sodding,
planting, concreting, paving or other final surfacing which will avoid
washing or spreading of dirt and mud unto other property, sidewalks,
curbs, ditches, gutters, streets and the space between the sidewalks
and curbs, the owner of the property, or the contractor or builder
in charge of work, shall erect and maintain temporary walls or other
approved barriers to prevent such washing or spreading of mud or dirt.
At the end of each day, and as required through the day, during the
course of excavating or construction, dirt and mud on the sidewalks,
curbs, ditches, gutters and streets, and space between the sidewalk
and street resulting from the work, must be removed.
B.
Removing Mud From Vehicle Wheels. The owners, contractors,
subcontractors and builders, jointly and severally, shall provide
his or her personnel with shovels or other equipment as necessary
to remove dirt from the wheels of all vehicles leaving any property
where mud may have accumulated on the wheels, before such vehicles
enter any public or private street of the City. it shall be unlawful
for any owner, contractor, subcontractor or builder to permit any
vehicle to leave any such place with mud on the wheels which is liable
to be dispersed over any public or private street of the City, and
it shall be unlawful for any driver of a vehicle to enter upon the
public or private streets of the City without having removed or had
mud removed from the wheels prior to such entry. Each occurrence shall
be a separate offense.
C.
Spilling Materials On Streets. The owners, contractors,
subcontracts and builders, jointly and severally, who may load dirt,
mud or other materials on any vehicle in the City, during construction
or otherwise, shall so load the same that no portion thereof shall
be spilled or be liable to be spilled on the streets of the City.
It shall be unlawful for any such person to permit any vehicle to
enter upon the streets of the City loaded in violation of this provision,
and it shall be unlawful for any driver to operate a vehicle on the
streets of the City which is loaded in such manner that it spills
or is liable to spill mud, dirt, or other material on the streets.
D.
Boards Over Sidewalks. Boards, tracks or other protection
must be laid over sidewalks, curbs or gutters to avoid dirt and mud
therein as completely as possible and to prevent breakage or damage
to such installations, of whatever material constructed. Damage to
walks, curbs and gutters or ditches will be repaired by the contractor,
or the City Inspector may cause to have them repaired at the contractor's
expense.
E.
Waste Material. During the course of construction or excavation,
owners, contractors and builders are required to clean up all paper,
refuse, sticks, lumber and other building waste, and all other waster
material daily and to prevent the same from blowing or otherwise being
scattered over adjacent public or private property.
F.
Planting Ground. Vacant property and improved property,
after excavation and construction is completed, shall be sodded, planted
concreted, paved or otherwise surface to avoid washing or spreading
of dirt and mud onto other property, sidewalks, curbs, gutters, streets
and the space between sidewalks and curbs prior to issuing an occupancy
permit.
G.
Grading. Grading shall be accomplished between the hours
of 7:00 A.M. and sunset excluding weekends and holidays when grading
cannot begin until 10:00 A.M., unless in the case of emergency or
an extension of hours is specifically granted by the Board of Alderpersons.
H.
Noise. The permittee shall take appropriate measures to
reduce noise to the fullest extent practical in the performance of
the grading work.
[R.O. 2011 §515.100; Ord. No. 198-91 §4.21.10, 11-20-1991]
A.
Required.
1.
Except
as otherwise provided, no grading activities shall be commenced on
any site without a permit from the Building Commission. A separate
permit shall be required for each site; provided however, that one
(1) permit may cover both excavation and fill made from excavated
materials.
2.
A grading
permit shall not be required in the following instances:
a.
Grading
for the foundation or basement of any building, structure or swimming
pool for which a permit has been duly issued.
b.
Grading
of less than fifteen (15) cubic yards for sites of twenty-two thousand
(22,000) square feet or less than thirty (30) cubic yards for sites
in excess of twenty-two thousand (22,000) square feet provided such
grading is clearly incidental to the improvement of the property.
c.
Grading
by any public utility for the installation, inspection, repair or
replacement of any of its facilities. Grading by contractors for any
public utility will not be covered by this Section of this Chapter
and contractors will be required to obtain a grading permit.
d.
Grading
of property for or by any governmental agency in connection with a
public improvement or public work on said property. Grading by contractors
for any governmental agency will not be covered by this Section of
this Chapter and contractors will be required to obtain a grading
permit.
e.
Grading
of land for farming, nurseries or gardening or similar agricultural
or horticultural use whenever there is substantial compliance with
recommendations or standards of the local soil conservation authority,
and the conditions contained in this Chapter.
f.
Grading
activities in public rights-of-way covered by an appropriate special-use
permit.
g.
Grading
activities in quarries and landfills.
B.
Application. An application for a grading permit shall
be in writing and filed with the Building Commissioner. The application
shall be accompanied by duplicate copies of the following documents
and information:
1.
Contoured
development map showing existing contours of the site and adjoining
strips of non-site property and proposed contours after completion
of the proposed grading development, based on United States Geological
Survey data, with established elevations at buildings, walks, drives,
street and roads; and information on necessary clearing and grubbing,
removal of existing structures, excavating, filling, spreading and
compacting. The Building Commissioner, at his or her discretion, may
require the development map to be prepared and sealed by a licensed
professional engineer or land surveyor.
2.
An accurate
plot plan showing the location of the grading site, a description
of the type and features of the soil and details of all structures,
walls, cribbing and surface protection.
3.
Name
and address of owner.
4.
Site
address.
5.
Estimated
grading quantity.
6.
Details
of site drainage system.
7.
Details
of site erosion and siltation control, including siltation basins.
9.
Location
of temporary off-street parking.
10.
The
estimated schedule of operations, including the dates of starting
and completion of grading work.
C.
Deposit — Bond.
1.
To ensure
compliance with the provisions of this Chapter, each owner, contractor,
builder or other person applying for a grading permit shall be required
to deposit a sum for each grading site as may be determined by the
Public Works Director. The money so deposited with the Building Commission
and shall be available for and be used by the City:
a.
To
repair any damage to sidewalks, curbs, ditches, gutters or the streets,
resulting from grading activities, regardless of by whom caused.
b.
To
pay the cost of removing dirt or mud from sidewalks, curbs, ditches,
gutters and streets if not promptly removed by the contractor, builder
or owner.
c.
To
pay as liquidated damage to the City and not as a penalty the sum
of one hundred dollars ($100.00) for each day that paper, refuse and
other dirt or waste is permitted to spread to other property, public
or private, from the premises on which such excavation or reconstruction
is being done, and for each day that dirt or mud is permitted to accumulate
or remain on sidewalks, streets, curbs or gutters and spaces between
sidewalks and streets without being clearing at the end of the day.
d.
To
pay the cost of sodding or removing mud, dirt, refuse or other waste.
2.
In lieu
of a cash deposit a surety bond for not less than one thousand dollars
($1,000.00) for each grading site, subject to all the terms and conditions
of this Chapter, may be provided, subject to the approval of the City
attorney. The provisions of the Subsection shall be mandatory in the
case of owners, contractors or builders, who have previously violated
the subject and provisions of this Section, and the amount of the
cash deposit shall in such case be based on such previous experience;
the provisions of this Subsection may be enforced in the case of owners,
contractors or builders who have had no previous experience or record
in the City. The Building Commissioner or his or her designee is hereby
authorized to revoke or suspend building permits for violations of
this Section whether or not deposit or bond has been made hereunder,
and in such case, the permit shall not be reinstated or renewed until
the violation has been abated.
3.
Any
portion of the deposit not expended or retained by the City hereunder
shall be refunded when the grading operation completed and soil conditions
are stabilized to the satisfaction of the City.
[R.O. 2011 §515.110; Ord. No. 198-91 §4.21.11, 11-20-1991]
Inspection fees for grading permits shall be the responsibility
of the individual or firm obtaining the permit and shall be based
on the direct cost to the City for furnishing the required Inspectors.
Inspection fee deposits shall be determined from the estimated inspection
time at the rate of fifty dollars ($50.00) per hour.
[R.O. 2011 §515.120; Ord. No. 198-91 §4.21.12, 11-20-1991]
No grading permit shall be issued for a term that exceeds ninety
(90) days.
