[Ord. No. 13-32 §1, 7-16-2013]
A. During the construction process, soil is highly vulnerable to erosion
by wind and water. Eroded soil endangers water resources by reducing
water quality and causing the siltation of aquatic habitat for fish
and other desirable species. Eroded soil also necessitates repair
of sewers and ditches and the dredging of waterways. In addition,
clearing and grading during construction cause the loss of native
vegetation necessary for terrestrial and aquatic habitat.
B. As a result, the purpose of this local regulation is to safeguard
persons, protect property, and prevent damage to the environment in
Carl Junction. This chapter will also promote the public welfare by
guiding, regulating, and controlling the design, construction, use,
and maintenance of any development or other activity that disturbs
or breaks the topsoil or results in the movement of earth on land
in Carl Junction.
[Ord. No. 13-32 §1, 7-16-2013]
Unless specifically defined below, words or phrases used in
this Article shall be interpreted so as to give them the meaning they
have in common usage and to give this Article its most reasonable
application.
CERTIFIED CONTRACTOR
A person who has received training and is licensed by the
City of Carl Junction to inspect and maintain erosion and sediment
control practices.
CLEARING
Any activity that removes the vegetative surface cover.
DRAINAGE WAY
Any channel that conveys surface runoff throughout the site.
EROSION AND SEDIMENT CONTROL PLAN
A set of plans prepared by or under the direction of a licensed
professional engineer indicating the specific measures and sequencing
to be used to control sediment and erosion on a development site during
and after construction.
GRADING
Excavation of fill of material, including the resulting conditions
thereof.
PERIMETER CONTROL
A barrier that prevents sediment from leaving a site by filtering
sediment-laden runoff or diverting it to a sediment trap or basin.
PHASING
Clearing a parcel of land in distinct phases, with the stabilization
of each phase completed before the clearing of the next.
SITE
A parcel of land or a contiguous combination thereof, where
grading work is performed as a single unified operation.
SITE DEVELOPMENT PERMIT
A permit issued by the City of Carl Junction for the construction
or alteration of ground, improvements and structures for the control
of erosion, runoff, and grading.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
START OF CONSTRUCTION
The first land-disturbing activity associated with a development,
including land preparation such as clearing, grading, and filling;
installation of streets and walkways; excavation for basements, footings,
piers, or foundations; erection of temporary forms; and installation
of accessory buildings such as garages.
WATERCOURSE
Any body of water, including, but not limited to, lakes,
ponds, rivers, streams, and bodies of water delineated by the City
of Carl Junction.
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.
[Ord. No. 13-32 §1, 7-16-2013]
A. No person shall be granted a site development permit for land-disturbing
activity that would require the uncovering of 1 (one) acre or more
without the approval of a land disturbance permit by the Missouri
Department of Natural Resources.
B. No site development permit is required for the following activities:
1.
Any emergency activity that is immediately necessary for the
protection of life, property, or natural resources.
2.
Existing nursery and agricultural operations conducted as a
permitted main or accessory use.
3.
Construction of a dwelling on any single existing lot within
the City of Carl Junction that is less than 1 (one) acre or that which
is included in an active land disturbance permit.
C. Application requirements are listed in Section 14.3 of the City of
Carl Junction Stormwater Management Criteria.
[Ord. No. 13-32 §1, 7-16-2013]
A. The City of Carl Junction will review each application for a site
development permit to determine its conformance with the provisions
of this regulation. Within forty-five (45) days after receiving an
application, the City of Carl Junction shall, in writing:
1.
Approve the permit application;
2.
Approve the permit application subject to such reasonable conditions
as may be necessary to secure substantially the objectives of this
regulation, and issue the permit subject to these conditions; or
3.
Disapprove the permit application, indicating the reason(s)
and procedure for submitting a revised application and/or submission.
B. Failure of the City of Carl Junction to act on an original or revised
application within forty-five (45) days of receipt shall authorize
the applicant to proceed in accordance with the plans as filed unless
such time is extended by agreement between the applicant and the City
of Carl Junction. Pending preparation and approval of a revised plan,
development activities shall be allowed to proceed in accordance with
conditions established by the City of Carl Junction.
[Ord. No. 13-32 §1, 7-16-2013]
A. The Erosion and Sediment Control Plan shall comply with Section 14.3.c.
of the Sediment and Erosion Control Plan of the City of Carl Junction
Stormwater Management Criteria.
B. Modifications to the plan shall be processed and approved or disapproved in the same manner as Section
425.070 of this regulation, may be authorized by the City of Carl Junction by written authorization to the permitee, and shall include:
1.
Major amendments of the Erosion and Sediment Control Plan submitted
to the City of Carl Junction.
2.
Field modifications of a minor nature.
[Ord. No. 13-32 §1, 7-16-2013]
Grading, erosion control practices, sediment control practices,
and waterway crossing shall meet the design criteria set forth in
the most recent version of the City of Carl Junction Stormwater Management
Criteria, and shall be adequate to prevent transportation of sediment
from the site to the satisfaction of the City of Carl Junction.
[Ord. No. 13-32 §1, 7-16-2013]
A. The City of Carl Junction or designated agent shall make inspections
as hereinafter required and either shall approve that portion of the
work completed or shall notify the permittee wherein the work fails
to comply with the Erosion and Sediment Control Plan as approved.
Plans for grading, stripping, excavating and filling work bearing
the stamp of approval of the City of Carl Junction shall be maintained
at the site during the progress of the work. To obtain inspections,
the permittee shall notify the City of Carl Junction at least twenty-four
(24) hours before the following:
2.
Installation of sediment and erosion measures.
3.
Completion of site clearing.
4.
Completion of rough grading.
5.
Completion of final grading.
6.
Close of the construction season.
7.
Completion of final landscaping.
B. The permittee or his/her agent shall make regular inspections of
all control measures in accordance with the inspection schedule outlined
on the approved Erosion and Sediment Control Plan(s). The purpose
of such inspections will be to determine the overall effectiveness
of the control plan and the need for additional control measures.
All inspections shall be documented in written form and submitted
to the City of Carl Junction at the time interval specified in the
approved permit.
C. The City of Carl Junction or its designated agent shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports under Subsection
B above.
[Ord. No. 13-32 §1, 7-16-2013]
A. Stop-Work Order; Revocation Of Permit. In the event
that any person holding a site development permit pursuant to this
Article violates the terms of the permit or implement site development
in such a manner as to materially adversely affect the health, welfare,
or safety of persons residing or working in the neighborhood or development
site so as to be materially detrimental to the public welfare or injurious
to property or improvements in the neighborhood, the City of Carl
Junction may suspend or revoke the site development permit.
B. Violations And Penalties. No person shall construct,
enlarge, alter, repair, or maintain any grading, excavation, or fill,
or cause the same to be done, contrary to or in violation of any terms
of this Article. Any person violating any of the provisions of this
Article shall be deemed guilty of a misdemeanor, and each day during
which any violation of any of the provisions of this Article is committed,
continued, or permitted, shall constitute a separate offense. Upon
conviction of any such violation, such person, partnership, or corporation
shall be punished by a fine of not more than five hundred dollars
($500.00) for each offense. In addition to any other penalty authorized
by this Section, any person, partnership, or corporation convicted
of violating any of the provisions of this Article shall be required
to bear the expense of such restoration.