[R.O. 2011 § 510.050; R.O. 2009
§ 151.15; CC 1981 §§ 10-17 — 10-18; Ord. No. 73-47, 7-25-1973; Ord. No. 10-174 § 3, 7-18-2010; Ord. No. 18-198, 9-4-2018]
A.
Required. No grading in access of one (1)
acre shall be commenced in the City, except as hereinafter provided,
without first obtaining from the Director of Engineering or his/her
designee a grading permit.
B.
Not Required In Certain Cases. No grading
permit shall be required for the following classes of grading operations:
1.
Building Permit. Under provisions
of a duly issued building permit where no grading is involved except
excavation for the basement or footings and the backfilling thereof
and there is no filling in excess of fifty (50) cubic yards.
2.
Incidental Excavations, Grading Or
Filling. Excavation and removal of excavated material and filling
provided such operation is clearly incidental to the improvement of
the property, consists of not more than fifty (50) cubic yards of
material and the area is graded and covered by revegetation or other
suitable means immediately thereafter.
3.
Excavation For Streets And Drains. Necessary grading or removal or excavation of soil or other material within the limits of the right-of-way or slope rights of any existing street or for the purpose of constructing streets and other related improvements within the area of new subdivisions when made in accordance with approved subdivision plans and for which the appropriate permits have been issued for street and drain construction. A developer achieving Tier 1 status under the Green Point Rating System Guide established in Section 400.920 may make application to the Department of Engineering for the use of a Green Point Rating System Alternative to the requirements of this Subsection as set forth in the "Development Guide: Infrastructure Alternatives for St. Charles GPRS Projects" on file with the City Clerk.
4.
Other Construction Work. Construction work relating to drains, utilities or sanitary sewer systems for which a street opening or other necessary permit has been issued by the City. A developer achieving Tier 1 status under the Green Point Rating System Guide established in Section 400.920 may make application to the Department of Engineering for the use of a Green Point Rating System Alternative to the requirements of this Subsection as set forth in the "Development Guide: Infrastructure Alternatives for St. Charles GPRS Projects" on file with the City Clerk.
5.
Farming. The lawful use 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.
[R.O. 2011 § 510.060; R.O. 2009
§ 151.16; CC 1981 § 10-19; Ord.
No. 73-47, 7-25-1973; Ord. No. 92-254, 10-21-1992; Ord. No. 95-233, 9-6-1995; Ord. No. 18-198, 9-4-2018]
A.
Application for a grading permit shall
be made by the property owner or his/her authorized agent and shall
be made to the Director of Engineering or his/her designee on forms
provided by him/her and shall be accompanied by a detailed statement
of proposed work, the purpose thereof and why the excavation, grading
or filling is clearly incidental to the improvement of the property.
An application shall be accompanied by the following:
1.
Two (2) sets of maps and plans with
specifications showing proposed excavation, grading or filling. Such
plans shall be prepared by and shall bear the seal of a licensed engineer,
except when the engineering design for excavation or construction
is unnecessary to ensure compliance with the standards established
by this regulation, in which event, such plans may be prepared by
a licensed surveyor. All such plans shall be drawn to a scale of not
less than one (1) inch equals one hundred (100) feet and shall show
the following:
a.
Full name and address of owner of
property;
b.
Designation of property by street
address;
c.
The location of the premises and
its geographic relation to neighboring properties showing all buildings
and roads within one hundred (100) feet of the boundaries of the plot
on which the excavation, grading or filling is proposed;
d.
The portion of the property that
is to be excavated, graded or filled with excavated material;
e.
The estimated maximum quantity of
material to be excavated, graded or filled and the estimated part
thereof that will be used for grading or filling;
f.
The location of any sewerage disposal
system or underground utility line, any part of which is within fifty
(50) feet of the proposed excavation, grading or filling area and
the location of any gas transmission pipe line operated at a maximum
service pressure in excess of two hundred (200) pounds per square
inch gauge, any part of which is within one hundred (100) feet of
the proposed excavation, grading or filling area;
g.
Existing topography and grade of
the premises at a contour interval of not more than two (2) feet and
the proposed final contour and finished grade elevation at intervals
of not more than two (2) feet; except that whenever the existing grade
is extremely steep and hilly, the contour intervals may be not more
than five (5) feet if approval is first secured from the Director
of Engineering or his/her designee;
h.
The location and present status of
any previous permitted grading operations on the property;
i.
The details of any drainage system
proposed to be installed and maintained by the applicant, designed
to provide for proper surface drainage for land, both during the performance
of the work applied for and after the completion thereof;
j.
If the proposed excavation or filling
is for the purpose of constructing a lake or pond, the details of
the proposed dam or other structures and the embankments intended
to impound the water, together with the details and locations of the
proposed discharge to a valved outlet for drainage purposes and the
proposed level of any impounded water;
k.
Details of soil preparation and of
revegetation of the finished grade or of other methods of soil erosion
control;
l.
The proposed truck and equipment
access ways to the work site;
m.
The flow lines of surface water drainage,
streams and any existing farm drains, inlets and outfalls, springs
or other flowing wells and width of stream beds or flowage lines;
n.
A comprehensive drainage plan designed
to handle safely the surface water, streams or other natural drains
following heavy rain storms during grading operations;
o.
Proposed debris/siltation basins,
grass waterways and diversions; and
p.
A statement from the property owner
or his/her agent assuming full responsibility for the performance
of the operation as stated in the application. This statement shall
also contain an assurance that all City property or City roads will
be protected adequately.
2.
A complete stormwater pollution prevention
plan (SWPPP) based on the EPA SWPPP Template, and complying with "Protecting
Water Quality" as published by the Missouri Department of Natural
Resources, January, 2011.
3.
For excavations, grading or filling
of more than three thousand (3,000) cubic yards of material, a performance
bond in form and with surety approved by the Director of Engineering
or his/her designee in such amount as the Director of Engineering
or his/her designee shall deem sufficient to insure completion of
all work following excavation, grading or filling pursuant to the
conditions of approval; provided, the City may accept a letter of
credit, a certified bank officer's check or other surety from a bank
or financial institution in lieu of a bond. The Director of Engineering
or his/her designee shall annually submit to the City Council for
approval, a schedule of bond requirements and rates. All governmental
entities, comprehensive colleges and universities (not including single-purpose
institutions) and schools offering basic education to any grade (K
through 12) shall be exempt from the requirement imposed by this Subsection
to provide a bond. This exemption from the bond requirement does not
provide an exemption from the obligation to insure completion of all
work following excavation, grading or filling.
4.
An application fee to cover the costs of permit and inspection based upon a rate in the amount stated in Section 150.030 per one thousand (1,000) cubic yards of material or fraction thereof to be excavated, graded or fill, with a minimum fee and maximum fee, as also stated in Section 150.030, for projects fifty (50) to one thousand (1,000) cubic yards and for projects over one thousand (1,000) cubic yards.
[Ord. No. 22-167, 12-20-2022]
5.
The applicant shall submit with the
application a statement showing estimated time lapse of rough grading,
finished grading and revegetation.
[R.O. 2011 § 510.070; R.O. 2009
§ 151.17; CC 1981 § 10-20; Ord.
No. 73-47, 7-25-1973; Ord. No. 18-198, 9-4-2018]
A.
The Director of Engineering or his/her
designee shall establish the amount of the performance bond, if any,
and if the application and plan comply with the standards contained
in this Chapter, he/she shall issue a permit in accordance therewith.
In acting upon such an application and plan, the Director of Engineering
or his/her designee shall be guided by and shall take into consideration
the public health, safety and general welfare and particular consideration
shall be given as to whether the plan will create any of the following
conditions:
1.
Interference with surface water flow
and drainage;
2.
Interference with lateral supports
and slopes;
3.
Excessive erosion, alteration of
the natural topography and grade of land, depletion of natural deposits
of topsoil and other natural materials, disturbance of the plant and
wildlife, creation of nuisance and dangerous open pits and creation
of stagnant water pools.
B.
The Director of Engineering or his/her
designee may impose such conditions or requirements upon the issuance
of a permit as he/she deems necessary or proper to ensure faithful
compliance with the Chapter.
[R.O. 2011 § 510.080; R.O. 2009
§ 151.18; CC 1981 § 10-21; Ord.
No. 73-47, 7-25-1973; Ord. No. 18-198, 9-4-2018]
A permit issued under this Article
shall expire one (1) year from the date of issuance; except that the
Director of Engineering or his/her designee may, for due cause shown,
extend any permit for one (1) year periods after complete review of
all plans and examination of work accomplished and proposed; provided
application is made at least thirty (30) days prior to the expiration
date of such permit. In no case shall a permit be extended if the
provisions of this regulation have not been complied with; provided
that in connection with continuing operations, the Director of Engineering
or his/her designee may waive, for a one-year period, those requirements
which would make continuing operations impractical.
