Cross References — Streets, sidewalks and other public places, ch. 520.
[CC 1985 §5-218; Ord. No. 2968 §1(Art. I §1-1), 5-28-1998]
This Chapter shall be known as the Grading, Excavating and Filling Ordinance of the City of Ste. Genevieve, Missouri, and shall become effective immediately upon passage by the Board of Aldermen.
[CC 1985 §5-219; Ord. No. 2968 §1(Art. I §1-2), 5-28-1998]
The purpose of this Chapter is to:
Protect the health, safety and property of the people of the City of Ste. Genevieve by regulating the disturbance of land surface areas and preventing erosion on disturbed areas.
Assure that consideration is given to the preservation and restoration of natural features in the grading or development of public and private land.
Assure that proper provisions are made regarding control of sediments resulting from rainfall on graded areas and that adequate facilities are constructed for the management of stormwater.
Protect the public from rapidly flowing water and flash floods.
Minimize storm and flood losses resulting from uncontrolled runoff.
[CC 1985 §5-220; Ord. No. 2968 §1(Art. I §1-3), 5-28-1998]
Floods from stormwater runoff may occur which exceed the capacity of storm drainage facilities and erosion control procedures constructed and maintained as a result of this Chapter. The City does not guarantee that properties will always be free from stormwater flooding, flood damage(s) or stormwater drainage. This Chapter shall not create liability on the part of, or a cause of action against, the City or any City Officer or employee for any flood damage(s) from grading, excavation or filling. This Chapter does not purport to reduce the need or the necessity for obtaining flood insurance.
[CC 1985 §5-221; Ord. No. 2968 §1(Art. I §1-4), 5-28-1998]
Where any provision of this Chapter imposes restrictions different from those imposed by any other law or regulation whether state, Federal or local, whichever is more restrictive or imposes a higher standard shall control.
[CC 1985 §5-222; Ord. No. 2968 §1(Art. I §1-5), 5-28-1998]
For the purposes of this Chapter, the following words and phrases shall have the meaning given herein:
- ADMINISTRATIVE OFFICER
- The official duly appointed and/or designated by the City Administrator of the City of Ste. Genevieve to enforce the regulations of this Chapter.
- AGRICULTURAL ACTIVITY
- Normal farming operations including improvements conducted under the auspices of the Soil Conservation Service.
- CITY ENGINEER
- A professional engineer licensed in the State of Missouri and hired by the City to perform technical engineering duties.
- CLEAN FILL
- Uncontaminated soil, rock, sand, gravel, concrete, asphaltic concrete, cinder blocks, brick, minimal amounts of wood and metal and inert solids which are approved by rule or policy of the State Department of Natural Resources for fill, reclamation or other beneficial use.
- DESIGN YEAR STORM
- The selected or established frequency or return period of rainfall time-duration for which drainage facilities are to be designed.
- A person who's intent or function is to bring about any change of land use, land contour(s) or improvement on any parcel of land.
- Any change of land use or improvement on any parcel of land.
- DRAINAGE BASIN (OR WATERSHED)
- The catchment area from which stormwater is carried off by a watercourse or storm drainage system. The area served by a drainage system receiving storm and other surface-borne water. Drainage basin boundaries are a product of natural topography and drainage system configuration.
- DRAINAGE FACILITY
- A manmade structure or natural watercourse for the conveyance of storm runoff. Examples are channels, pipes, ditches, swales, catch basins and street gutters.
- DWELLING UNIT
- A building or portion thereof designed to house a family.
- Any act by which earth, sand, gravel, rock or any other similar material is cut into, dug, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.
- See "CLEAN FILL".
- GRADING, EXCAVATION AND FILLING PERMIT
- A permit issued by the City of Ste. Genevieve that authorizes the commencement of land disturbance activities.
- IMPERVIOUS SURFACE
- A surface on real property where infiltration of stormwaters into the earth has been virtually eliminated by the works of man. Impervious surfaces shall include, but not be limited to: roofs, paved driveways, patio areas, sidewalks, parking lots, storage areas and other oil or macadam surfaced areas which prevent percolation of stormwaters into the earth's surface.
- LAND DISTURBANCE
- Real estate altered by the addition of impervious surface, grading, excavating or filling which changes the hydrology of the property from its natural state.
- Any person having legal title to or a proprietary interest in real property. Proprietary interest shall include, but not be limited to, estate administration, trusteeship, guardianship and actions under a valid power of attorney.
- The total area of the parcel, tract, lot or ownership of land upon which development or land disturbance is proposed irrespective of the actual limits or size of the proposed development or land disturbance activity.
- UNIMPROVED LAND
- Land or property having little or no "impervious surface".
[CC 1985 §5-223; Ord. No. 2968 §1(Art. I §1-6), 5-28-1998]
The provisions of this Chapter shall be administered and enforced by the administrative officer. Technical requirements of the Chapter shall require approval of the City Engineer.
The provisions of this Chapter shall be considered additional regulations to any requirements of the Federal Emergency Management Agency (FEMA) and/or the U.S. Army Corps of Engineers for alterations to floodplains or wetland.
[CC 1985 §5-224; Ord. No. 2968 §1(Art. II), 5-28-1998]
Except as otherwise provided herein, no person shall, without first obtaining a permit from the City of Ste. Genevieve, alter or cause to alter the present surface or ground by grading, excavation, filling or removing topsoil:
Changing the contour of more than twenty-five hundred (2,500) square feet of land;
By any cut or fill within ten (10) feet of a property line;
By any cut or fill that would permanently divert one drainage area to another drainage area;
By any cut or fill within a property that changes the grade two (2) feet or more.
Each application for a grading, excavation and filling permit shall be accompanied by a grading plan showing existing and proposed contours normally at two (2) foot intervals. Contours at closer intervals may be required by the administrative officer, if adjacent to a creek or if the topography dictates. All grading plans shall be prepared and sealed by a professional engineer registered in the State of Missouri except those for residential lots less than one (1) acre in size.
No grading, excavating and filling permit shall be issued when the administrative officer finds that the proposed work would result in a material change in the amount or pattern of surface water runoff ox which could deposit mud or harmful silt or create erosion or damage to adjoining property. All land disturbance operations shall be carried out in such a manner as to minimize inconvenience and harm to adjacent properties.
No grading, excavating or filling permit shall be issued for any regulated land disturbance activity until the administrative officer has reviewed and approved the improvement plans for the subdivision showing at minimum:
Contours of the existing ground surface;
Elevations of the proposed finished grade of each corner of each lot and at intermediate points on lot where the slope of the ground surface changes or a plan of the proposed finished ground surface showing contours at a maximum of two (2) foot intervals;
Arrows indicating the direction of drainage;
Surface water runoff calculations for the drainage area tributary to and including the property making the property safe or controlling a watercourse. The applicant shall, at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the grading and shall be responsible for all damage to public or private property or highways resulting from its failure to properly protect and carry out such grading, excavating and/or filling.
All affected areas shall be seeded and mulched or sodded within ten (10) days after completion of the work or expiration of the permit, whichever occurs first, and all affected areas shall be vegetated and ground cover established within ten (10) days following the expiration of the permit.
Operations. All grading, excavation and filling shall be restricted as follows:
Processing of any kind on the excavation site or the erection or use of any structure thereon, such as, but not limited to, hoppers, washers, crushers or sheds, except simple screens to remove oversize aggregates during loading, shall be deemed a commercial use and are hereby prohibited except upon the issuance of a special permit by the City.
Except as otherwise provided, no storage area may be created or maintained in connection with an excavation, grading or filling operation, except that, under a duly issued permit, an owner or his/her contractor shall be allowed temporarily to store such material incidental to the operation, but such storage shall not be for a longer term than the term of the permit issued. When large quantities or material are to be stockpiled, special considerations, including encirclement with silt fencing, shall be required to prevent migration of materials.
Applicant shall take all necessary precautions to minimize damage to City streets and other City property(ies), traffic flow and nuisance(s) to adjacent property owner(s) including, but limited to, covering truck loads to prevent blowing and spillage.
Minimum standards. All grading, excavation and filling shall be regulated as follows:
No excavation shall be made with a cut face steeper in slope than two (2) horizontal or one (1) vertical unless the material in the excavated face is stable at a steeper slope as certified by registered soils engineer.
No fill shall be made which creates an exposed embankment face steeper in slope than three (3) horizontal to one (1) vertical. The embankment end of the fill shall be uniformly compacted to a minimum of ninety percent (90%) compaction as determined by Modified Procter, ASTM D-1775 and certified by a professional engineer licensed in the State of Missouri.
It shall be unlawful to keep or store any trucks, machinery or equipment on any property or street following completion of the permitted operation or expiration of the permit, whichever occurs first.
It shall be unlawful to change, abolish or alter any debris basins, grass waterways, diversions and other soil erosion control structures as permitted in a grading, excavating and filling permit, except with prior consent and written approval of the City.
[CC 1985 §5-225; Ord. No. 2968 §1(Art. III), 5-28-1998]
Any development and/or land disturbance activity regulated by another ordinance of the City of Ste. Genevieve, including, but not limited to, stormwater management, floodplain management or subdivision ordinance is exempt from the provisions of this Chapter to the extent the development or land disturbance activity is regulated by another ordinance.
Agricultural activities are also exempted.
[CC 1985 §5-226; Ord. No. 2968 §1(Art. IV), 5-28-1998]
A soil erosion control plan shall accompany all applications for a grading, excavating and filling permit. The purpose of the plan is to clearly establish what measures will be taken to prevent erosion and off-site sedimentation during and after development. The erosion control plan shall consist of two (2) parts, a site grading and drainage plan and a narrative report describing the nature and scope of the work. The plan shall be prepared and certified by a registered professional engineer licensed in the State of Missouri.
Erosion and sedimentation control measures must be designed to provide protection from the runoff from fifteen (15) year return frequency, twenty-four (24) hour duration storm.
All surfaces must be stable and non-erosive within the lesser of thirty (30) working days or one hundred twenty (120) calendar days after completion of the work authorized by the grading, excavating and filling permit. When such work is associated with the construction of a building, no certificate of occupancy shall be issued until such surfaces are stable and non-erosive. If completion of the work or building is at such time of the year that stabilization with ground cover is not possible, a performance bond or other acceptable financial instrument for completion of the work may be accepted to allow the issuance of certificate of occupancy.
[CC 1985 §5-227; Ord. No. 2968 §1(Art. V), 5-28-1998]
Revocation. The administrative officer may revoke a grading, excavating and filling permit if the permit application or accompanying plan contains any false statement or misrepresentation of fact and/or fails to comply with the permit or with any provision of this Chapter. Permits revoked under this Section shall not be reinstated until the cause for revocation has been corrected or until a mitigation plan for the property has been submitted by the former permit holder and approved by the City.
Stop Work Order. The City is authorized to issue a stop work order whenever it believes unlawful land disturbance activities are occurring. A stop work order shall be in writing and shall be given to the owner of the property or to the owner's agent or to the person engaged in the land disturbance activity.
[CC 1985 §5-228; Ord. No. 2968 §1(Art. VI), 5-28-1998]
A fee of fifty dollars ($50.00) shall accompany all grading, excavating and filling permit applications; however, the fee may be waived if the applicant is required to file a stormwater management plan and pays the fees associated with such plan.
[CC 1985 §5-229; Ord. No. 2968 §1(Art. VII), 5-28-1998]
No grading, excavating and filling permit shall be issued for a term exceeding ninety (90) days.
[CC 1985 §5-230; Ord. No. 2968 §1(Art. VIII), 5-28-1998]
No variance from the regulations set out in this Chapter shall be issued until and after the Board of Aldermen have held a public hearing, at which parties in interest and citizens shall have the opportunity to be heard, on the requested variance. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Ste. Genevieve. The Board of Aldermen may provide for the posting of notices of the hearing and for other means of notifying the public and interested persons of the proceedings.
[CC 1985 §5-231; Ord. No. 2968 §1(Art. IX), 5-28-1998]
Violations of this Chapter shall be a violation of the ordinances of the City of Ste. Genevieve. Every day any violation of this Chapter shall continue shall constitute a separate offense.