[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:
- 1. Any de minimis displacement or movement of ground caused by pedestrian or vehicular traffic;
- 2. The replacement of utility poles and related equipment at the existing general location that does not involve either a street or sidewalk cut; or
- 3. 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]
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]
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.
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 permit shall be issued under this Chapter and shall remain in force only upon compliance with the following requirements:
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.
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.
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.
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.
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.
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.
Minimum standards. Minimum standards of excavations and fills shall be as follows:
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.
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.
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:
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.
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.
Grading on slopes will require silt fencing at intermediate levels to slow surface water, prevent rutting and decrease erosion.
Grading sites will require silting basins to prevent mud from washing onto adjacent properties.
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.
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.
The maximum uncompacted thickness of layers of the fill to be compacted shall not exceed eight (8) inches.
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.
Density of the completed fill shall depend upon the location and use of the fill as required by the City Inspector.
Topsoil disturbed by grading or building operations shall be stripped and piled for storage in an amount necessary to complete finished grading only.
Removal of timber, rubbish, etc.
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:
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]
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.
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.
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.
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]
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.
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.
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]
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.
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.
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.
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.
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.
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.
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.
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]
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.
A grading permit shall not be required in the following instances:
Grading for the foundation or basement of any building, structure or swimming pool for which a permit has been duly issued.
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.
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.
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.
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.
Grading activities in public rights-of-way covered by an appropriate special-use permit.
Grading activities in quarries and landfills.
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:
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.
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.
Name and address of owner.
Estimated grading quantity.
Details of site drainage system.
Details of site erosion and siltation control, including siltation basins.
Location of temporary off-street parking.
The estimated schedule of operations, including the dates of starting and completion of grading work.
Deposit — Bond.
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:
To repair any damage to sidewalks, curbs, ditches, gutters or the streets, resulting from grading activities, regardless of by whom caused.
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.
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.
To pay the cost of sodding or removing mud, dirt, refuse or other waste.
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.
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.