[R.O. 2013 §521.010; Ord. No. 1473 §1, 10-18-1999]
For the purposes of this Chapter, the following terms, phrases,
words and their derivations shall have meanings given herein:
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 conditions resulting therefrom.
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, fill or land disturbance, or any combination
thereof, and shall include the conditions resulting from any excavation,
fill or land disturbance.
Any removal or destruction of trees, ground cover or other
vegetation by means of heavy mechanized equipment including all equipment
weighing in excess of one thousand eight hundred (1,800) pounds or
by any means affecting an area of five thousand (5,000) square feet
or more in a period of one (1) year or less.
Any single or contiguous lots, tracts, projects or subdivisions
of land owned by a single person or by several persons acting jointly.
[R.O. 2013 §521.020; Ord. No. 1473 §2, 10-18-1999]
A.
Except
as herein provided, no grading shall hereafter occur on any site without
obtaining a permit from the Community Development Director in accordance
with this Chapter.
B.
Grading
in preparation for any development requiring a rezoning, conditional
use permit, site plan, or subdivision of land shall not be inconsistent
therewith and shall not be approved until such subdivision preliminary
plat has been approved or, where no subdivision is required or contemplated
for the development, upon approval of the rezoning, conditional use
permit or site plan. An application for a grading permit shall be
in writing on forms provided by the Community Development Director.
Unless waived by the Community Development Director, 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 and development, based on the U.S.G.S.
datum, with established elevations at buildings, walks, drives, streets
and roads; and information on necessary clearing and grubbing, removal
of existing structures, excavating, filling, spreading and compacting;
the Community Development Director, at his/her discretion, may require
the development 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 feature 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;
8.
Construction access to site;
9.
Location of temporary off-street parking;
10.
The estimated schedule of operations, including the dates of starting
and completion of grading work;
11.
Sources of off-site fill material or spoil sites. All information
relative to haul routes, trucks and equipment; and
12.
A recent aerial photograph, or a detailed topographical map showing
tree canopy, in the scale as the development plan.
[R.O. 2013 §521.030; Ord. No. 1473 §3, 10-18-1999]
A.
Except
for any grading in anticipation of or in preparation for construction
of buildings or any construction or development that would require
rezoning, site plan approval or amendment or subdivision of the land,
a grading permit shall not be required in the following instances:
1.
Minimum necessary grading for the foundation or basement of any buildings
or any structure or swimming pool for which a building permit has
been duly issued; provided that any prior approved grading or tree
preservation plan shall continue to be followed.
2.
Excavation or fill of less than fifteen (15) cubic yards for sites
of twenty thousand (20,000) square feet or less, or less than thirty
(30) cubic yards for sites in excess of twenty thousand (20,000) square
feet provided such grading is clearly incidental to the improvement
of the property; provided that any prior approved grading or tree
preservation plan shall continue to be followed.
3.
Grading of land for bona fide farming, nurseries, landscaping, or
gardening or similar agricultural or horticultural use whenever there
is substantial compliance with recommendations or standards of the
local soil conservation authority or for private road maintenance,
removal of brush (brushhogging), and normal lawn maintenance activities;
provided that such grading does not remove or destroy more than seven
thousand five hundred (7,500) square feet of tree canopy coverage
in one (1) year or less.
4.
Grading activities in public right-of-way covered by an appropriate
special use permit.
5.
Land disturbance for residential purposes only on any lot of five
(5) acres or less containing a single-family residence for which occupancy
has commenced and is ongoing, provided appropriate measures arc taken
to prevent increased site erosion, water runoff, siltation or other
damage to neighboring property. Where it is determined that such erosion
measures are not being taken, the Community Development Director may
revoke application of this exemption to the subject site.
[R.O. 2013 §521.040; Ord. No. 1473 §4, 10-18-1999]
A.
The
applicant shall include with the permit application such escrow, bond,
insurance, affidavits, easements, etc., as described below and as
required for particular sites. Said grading permits shall be issued
upon the approval of the Community Development Director in conjunction
with the developer depositing with the City of Valley Park a sum equal
to that which is required for the assurance of the completion of said
project. The Community Development Director may adopt procedures,
fees and schedules relating to the payment and release of such bonds.
Said escrow funds shall guarantee the restoration, maintenance and/or
rehabilitation of said site if the project does not proceed in accordance
with the plans as approved by the Community Development Director of
Valley Park. Said escrow can be approved by the Community Development
Director and the City Attorney and drawn upon by order of the Community
Development Director if the requirements of the grading plan or of
this Chapter are not satisfied. In drawing upon such funds, the Community
Development Director may use such funds to restore the site to a stable
or finished condition or to otherwise remedy any violations, including
any costs of inspections and enforcement.
B.
In
lieu of cash escrow, a bond or surety for not less than one thousand
dollars ($1,000.00) shall be provided for each grading site, subject
to all the terms and conditions of this Chapter and to the approval
of the City Attorney. The provisions of this Section 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 bond escrow or indemnity shall in each case be based on such
previous experience; the provisions of this Subsection shall apply
in the case of owners, contractors or builders who have had no previous
experience or record in the City.
C.
Any
portion of the deposit not expended or retained by the City hereunder
shall be refunded when the grading operation is completed and soil
conditions are stabilized to the satisfaction of the City.
[R.O. 2013 §521.050; Ord. No. 1473 §5, 10-18-1999]
A.
A permit
shall be issued and shall remain in force only upon compliance with
the following requirements:
1.
Surface waters — damage. Adequate provisions
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 wall — cribbing. Retaining walls
or cribbing shall be required whenever deemed necessary by the Community
Development Director 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 water to nearest practical storm drain or
natural watercourse as approved by the Community Development Director
as a suitable place to deposit and receive such waters. Where possible,
water shall be dispersed by convex surfaces to dissipate water energy
and velocity and disperse volume over a greater surface area before
being carried to a storm drain or watercourse.
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 approved source. Material shall consist of uncontaminated earth, soil, dirt, sand, rocks, gravel or masonry materials only. Material shall be free of vegetable matter and deleterious material. The maximum size of rocks or lumps shall be determined in accordance with the proposed use of the filled area by the project's registered soils engineer and documented in the permit application. Materials for roadways are not covered by this Chapter as per exceptions in Section 521.030.
[Ord. No. 2042, 10-22-2019]
7.
Minimum standards. Minimum standards of excavations
and fills shall be as follows:
a.
No excavation shall be made with a cut face steeper in slope than
three (3) horizontal to one (1) vertical.
8.
Minimum standards — land disturbance. Unless modified as may be permitted in this Subsection (8) or by provisions of Subsection (9)(b) hereof, minimum standards for land disturbance shall be as follows:
a.
No land disturbance shall occur within fifty (50) feet of any creek,
stream, water runoff channels or ravines or in other areas determined
by the Community Developer Director or his/her designees to be highly
sensitive or subject to erosion or flooding, except as necessary for
construction pursuant to an approved final site plan, planned zoning
development, or conditional use permit specifically authorizing the
modification of this standard, and necessitating exception to this
minimum standard.
b.
No land disturbance shall occur on terrain that does not satisfy
the minimum standards for excavation or fill, except as necessary
for construction pursuant to an approved final site plan, planned
zone development, or conditional use permit specifically authorizing
the modification of this standard and necessitating exception to this
minimum standard.
c.
No land disturbance shall occur on any property or lot line or within
the area of building setback required by applicable zoning or subdivision
regulations, except as necessary for construction pursuant to an approved
final site plan, planned zoning development, or conditional use permit,
or approved subdivision plat specifically authorizing the modification
of this standard and necessitating exception to this minimum standard.
d.
No land disturbance shall occur which shall cause a nuisance to any
adjoining property owner, or which shall violate any Federal, State,
local law or regulation. The Community Developer Director shall establish
regulations for the granting of permits so as to enforce this Chapter
and ensure that any grading is completed with minimum erosion, aesthetic
degradation, or other negative impact on the site or surrounding areas
or the community.
e.
The Community Development Director shall establish such other minimum
standards as may be necessary to protect grand trees or specimen vegetation
or land features, or to otherwise effect the purposes of this Chapter.
9.
Minimum standards — all grading.
a.
All grading shall comply with the restrictions and prohibitions set
forth in the Subdivision, Land Disturbance and Grading Ordinance of
the City of Valley Park and other applicable zoning pertaining to
the site or development. No grading permit shall be issued on any
site where there is an existing uncured violation of any provision
of the Subdivision, Land Disturbance and Grading Ordinance of the
City of Valley Park or other applicable zoning or other development
regulations of the City of Valley Park.
b.
Modifications. Any party seeking a permit may request a modification of any of the minimum standards set forth in Subsections (7) or (8) hereof by filing a written request with the Community Development Director specifically identifying:
(1)
Unique or unusual characteristic(s) of the site, or generally
applicable, that eliminate the need for full application of the standard,
or
(2)
The precise mitigation proposed that would fully rectify the
harms addressed by the minimum standard to be modified.
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The Community Development Director may make such modification
upon a determination that such facts exist qualifying for such modification;
provided that no modification shall be permitted that shall circumvent
any other applicable regulation or the intent of these minimum standards
to eliminate the detrimental impact of grading addressed by each such
standard.
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10.
Compaction. All fills intended to support buildings
or structures, 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 a registered
professional engineer at the owner's expense. Frequency of compaction
tests is to be determined by the Community Development Director. 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.
The requirements of the Community Development 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 of 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 of 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.
Topsoil disturbed by grading or building operations shall be stripped
and piled for storage in an amount necessary to complete finished
grading only.
11.
Removal of timber, rubbish, etc. Timber, logs, trees,
brush, vegetable matters 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:
Paved areas — Two (2) feet below subgrade
Lawn areas — Two (2) feet below finished grade
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. 2013 §521.060; Ord. No. 1473 §6, 10-18-1999]
Inspections shall be made by the Community Development Director
during each stage of fill operations and final approval shall be required
upon completion of operations. Applicant shall notify the City upon
commencement of the following when and as completed: rough grading;
finished grading before seeding; and all re-establishment and construction
work.
[R.O. 2013 §521.070; Ord. No. 1473 §7, 10-18-1999]
A.
Notice. At least five (5) working days prior to the use
of any street in the City by trucks or hauling of grading equipment
engaged in grading operations in the City which requires the use of
the streets of the City, the contractor in charge shall make a written
report to the Community Development Director of this City specifying
the kind and description of trucks or hauling or grading equipment,
and the loaded and unloaded weight of trucks and hauling equipment,
and the number of each and the length of time they will be required
to use the streets of this City. The contractor shall furnish the
Community Development Director with all other information required
by him/her to estimate or determine the amount of wear and tear or
damage, if any, that may be caused to streets by such usage. Before
construction actually commences or while the work on the streets is
in progress, the Community Development 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, trees, landscaping or other public facilities.
B.
Routes. The Community Development Director shall, at least
two (2) 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 Community Development Director. In the
event of any emergency requiring a change in route or routes, or if
the Community Development Director 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/she
finds the welfare of the City so requires, he/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 so designated by the Community Development Director.
[R.O. 2013 §521.080; Ord. No. 1473 §8, 10-18-1999]
A.
Photographs. It shall be the duty of the Community Development
Director, immediately prior to the time of designating the routes
or routes or as provided herein, to examine the condition of the streets
to be used to take photographs of the streets, showing the condition
of the pavement, curbs, sidewalks and other physical features, which
shall be dated and a memorandum made of the condition shown by each
photograph. Within five (5) days after termination of the use of the
streets as herein provided, it shall be the duty of the Director to
have additional photographs made and proper descriptive matter included
therewith.
B.
Inspections. In addition to the taking of photographs before
and after construction, the Community Development Director shall cause
a thorough inspection to be made of the conditions of the pavement
of the streets designated and used under the permit, as well as the
curbs and sidewalks, and shall make written reports of his/her findings,
including with his/her report after termination of the work his/her
estimate of the cost of restoring the street to its original condition
as well as any curbs or sidewalks.
[R.O. 2013 §521.090; Ord. No. 1473 §9, 10-18-1999]
At the time the Community Development Director designates the routes or routes to be used as provided in Sections 521.070 and 521.080, he/she shall notify the contractor that the City will hold the contractor liable for unusual wear and tear or damage to streets, curbs and sidewalks resulting from such usage, and that acceptance of the route or routes by the contractor shall constitute an agreement on his/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 said route or routes under the grading permit, the contractor shall pay the City an amount sufficient to reimburse the City for the expense of restoring the streets, sidewalks and curbs to their original conditions.
[R.O. 2013 §521.100; Ord. No. 1473 §10, 10-18-1999]
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 or concreting, paving or other final surfacing is in place
which will avoid washing or spreading of dirt and mud onto other property,
sidewalks, curbs, gutters, streets and the space between 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 throughout the day during the
course of excavating or construction, dirt and mud on the sidewalks,
curbs, gutters and streets, and the space between sidewalk and street,
resulting from work, must be removed.
B.
Removing Mud From Vehicle Wheels. The owners, contractors,
subcontractors and builders, jointly and severally, shall provide
his/her personnel with shovels or other equipment as necessary to
remove dirt from the wheels of all vehicles leaving any grading site
where mud has accumulated on the wheels before such vehicles enter
any private street of the City. It shall be unlawful for any owner,
contractor or subcontractor or builder to permit any vehicles to leave
such place with mud on the wheels which is liable to be dispersed
over any public or private street on 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 removed from the wheels
prior to such entry. Each occurrence shall be a separate offense.
C.
Spilling Materials On Streets. The owners, contractors,
subcontractors and builders, jointly and severally, who may load dirt,
mud or other materials on any vehicle at any grading site 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 materials
on the streets.
D.
Boards Over Sidewalks. Boards, tracks or other protection
must be laid over sidewalks, curbs and gutters to avoid dirt and mud
accumulating therein as completely as possible and to prevent breakage
or damage to such installations of whatever material constructed.
Damage to walks, curbs and gutters will be repaired by the contractor,
or the Community Development Director 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 waste
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 grading and construction is completed, shall be sodded, planted,
concreted, paved or otherwise surfaced 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, including operation or idling of equipment,
shall be accomplished only between the hours of 6:30 A.M. and 6:00
P.M. on weekdays 8:00 A.M. and 4:00 P.M. on Saturdays and Sundays,
unless in the case of emergency or limited extension of hours is specifically
granted by the Community Development Director for cause.
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. 2013 §521.110; Ord. No. 1473 §11, 10-18-1999]
A.
All
violations 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 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 surety shall be followed by a written explanation
by the Community Development Director or his/her designee describing
the condition corrected and the funds required to complete the corrective
action.
C.
Nothing
in this Section shall prevent prosecution of violations of this Chapter
in the absence of, or in addition to, the issuance of a notice of
violation.
[R.O. 2013 §605.040; CC 1984 §9-4; Ord. No. 194 §1, 6-25-1940]
No person shall dig, dredge, mine, excavate or maintain or permit
to be dug, dredged, mined, excavated or maintained within the corporate
limits of the City any hole, gravel or sand pit, mine, quarry, excavation
or opening to a depth below the normal level of the Meramec River
as indicated by the mark "0" on the river gauge of the staff type
maintained and operated by the National Weather Service on the bridge
spanning said river at Valley Park.
[R.O. 2013 §605.050; CC 1984 §9-5; Ord. No. 198 §1, 3-7-1941]
No person shall dig, dredge, mine, excavate or maintain or permit
to be dug, dredged, mined, excavated or maintained within the corporate
limits of the City any hole, gravel or sand pit, mine, quarry, excavation
or opening, which operation or operations will create a reservoir
or reservoirs of water, without permission so to do first having been
obtained from the Board of Aldermen by a proper ordinance.
[R.O. 2013 §521.130; Ord. No. 1473 §13, 10-18-1999]
A.
Permit Required. No person shall make or cause to be made
any excavation in any public place, street, roadway, parkway, walkway,
alley, right-of-way or easement ("public area") without first obtaining
a special use permit from the Community Development Director except
in case of public work done by the employees of the City or by any
contractor under contract with the City. Each separate and distinct
excavation shall require a separate special use permit. This Section
shall apply to all persons and to all private, public and municipal
corporations.
B.
Emergency Work. In cases where public health or safety is
in danger or whatever excavations must be made on an emergency basis
to eliminate hazards to persons, or to prevent interruptions in the
utility services or to restore such services after an interruption
has developed and the City is not open, the provisions of this Section
relating to issuances of a special use permit prior to excavation
shall not apply. In such case the person making the excavation shall
notify the Police Department of the City that the emergency work is
being commenced and the location thereof, and the work may proceed
immediately. Final surfacing or temporary patches by the contractor
shall not be placed until such time as the City has inspected and
approved the backfill and issued a special use permit therefor. Application
for a special use permit shall be made on the first (1st) day the
City's Community Development Director office is open after the emergency
work is commenced.
C.
Application And Permit Fee. Application for a special use permit as required in Subsection (A) of this Section shall be made on a form provided by the City, which application shall contain information regarding the purpose, location and the size of the proposed excavation and the approximate time work thereon will be commenced and shall state the length of time applicant estimates will elapse from the commencement of the work until complete restoration of the surface. Each excavation shall require a separate special use permit. The fee for each special use permit shall be twenty dollars ($20.00).
D.
Posting Insurance. Before any special use permit is issued, the applicant shall furnish proof of adequate insurance and protection to the City against all claims for damages arising from the prosecution of the work as provided in Subsection (F) of this Section.
E.
Deposit. The application for a special use permit shall, in lieu of or in conjunction with the surety required by Section 521.040 of this Chapter, include a cash deposit to insure the applicant will backfill the excavation, repair the pavement, and restore the site in compliance with the Section.
1.
The approximate cost of granular backfill, repaving operations, and
general site restoration to be performed by applicant desiring to
make an excavation will be estimated by the Community Development
Director at the time the application for a special use permit is submitted,
and the cost so estimated shall be deposited with the City. The amount
of the deposit shall be reasonably sufficient to secure the City against
any damage or expense which may result from the applicant's failure
to comply with the provisions of this Section. The amount of such
deposit shall be based upon the location, purpose and extent of the
work. The minimum amount of deposit shall be one hundred dollars ($100.00)
for any excavations in street, sidewalks or driveway pavement and
then the minimum deposit shall be two hundred dollars ($200.00). The
maximum deposit shall not exceed five thousand dollars ($5,000.00),
except where unusual circumstances exist.
2.
Utility companies, contractors performing excavations under contract
for utility companies, or other governmental agencies are not required
to provide a cash deposit.
3.
Each special use permit shall have a separate cash deposit to guarantee
backfilling, paving and site restoration in accordance with this Section.
4.
The applicant is responsible for maintenance of the excavation for
thirty (30) days. Settlement of the excavation or cracking, breaking
or rutting of the surface shall be prima facie evidence of improper
backfill which shall be replaced by the applicant or by the City with
the cost paid out of the deposit.
5.
If the work is completed satisfactorily, the deposit shall be refunded
to the applicant within fifteen (15) days of the final inspection
by the Community Development Director or his/her authorized representative.
The contractor is responsible for notifying the Community Development
Director of final completion of the work. The final inspection will
not be performed until the thirty (30) day maintenance period is over.
6.
In the event the applicant fails to complete or correct the work
required by this Section, the City may complete said work; and the
cost to the City shall be paid out of the deposit. In the event that
such deposit is insufficient to pay for the City's cost, or if no
deposit was retained, the applicant shall pay the excess cost to the
City within thirty (30) days. Failure to pay said costs shall constitute
cause to deny future applications for grading or excavation until
any default is fully cured.
7.
Failure of the applicant to call for the final inspection within
one (1) year of the issuance date of the special permit shall result
in the deposit being forfeited by the applicant, and said deposit
shall be paid to the City as general revenue.
F.
Liability Insurance Or Bond. Every applicant for an excavation
permit shall register with the City proof that the applicant is maintaining
liability insurance in the sum of one hundred thousand dollars ($100,000.00)
for bodily injury to each person, three hundred thousand dollars ($300,000.00)
for bodily injury to all persons in one (1) occurrence arising out
of or on account of excavation work on account on or in consequence
of any neglect in safeguarding the work. Such insuree shall be carried
in a firm or corporation which has been licensed or permitted to carry
on such business in the State and shall be kept and maintained continuously
in force and effect so long as the excavation work shall be in process.
A verified copy of the insurance policy shall be filed with the City
with the certificate of the insurer that the policy is in full force
and that such insurance will not be altered, amended, terminated or
ended without notice having been given to the City. In lieu of the
insurance as herein provided, the applicant may deposit a corporate
or other surety bond in the penal sum of one hundred thousand dollars
($100,000.00) conditioned that he/she will pay any judgment recovered
by any person injured or any property damage incurred on account of
the excavation work or on account of or in consequence of any neglect
in safeguarding the work. In the event the insurance policy provided
for herein lapses and is not immediately renewed, or any bond terminates
in any manner whatsoever and a substitute in lieu thereof is not deposited,
the special use permit for such excavation shall be revoked immediately.
G.
Manner Of Making Excavations.
1.
In the making of excavations in any street or public space, the excavated
materials from the trenches shall be placed where they will cause
the least possible inconvenience to the public. If the excavated material
is waste material, it shall be immediately removed from the site.
2.
The width of excavation shall be no greater than is necessary for
doing the work. Sheathing and bracing shall be used as necessary to
keep the sides of the trench vertical and to prevent caving. Excavations
shall be made in accordance with City, County, State and Federal regulations.
3.
Adequate provision for proper drainage of the area surrounding the
work shall be maintained at all times.
4.
At no time shall the maximum length of an open trench be permitted
to exceed five hundred (500) feet.
5.
No trench or pit shall be permitted to remain open without work actually
in progress at each specific location for a period in excess of three
(3) full working days, Saturdays, Sundays and legal holidays excepted.
6.
Excavations shall be covered or fenced when work is not in progress.
Excavations in roadways shall be backfilled or covered with steel
plates at the end of the workday to allow traffic to safely cross
over the excavation.
7.
When a roadway is partially blocked by the excavation work, the applicant
shall provide a flag person to direct traffic safely through the excavation
site. Roadways shall not be closed except upon approval of the Community
Development Director after an approved detour has been established
and properly signed, and after the Police and appropriate Fire Department
have been notified.
H.
Manner Of Backfilling, Repaving And Site Restoration.
1.
Excavations made in or under the street, walk or driveway pavement
shall be backfilled with granular material thoroughly tamped into
place, and the pavement surface restored. In such locations, excavated
materials shall be removed from the site of the work as the excavation
is made, and no such materials shall be allowed to accumulate on the
site.
2.
Substitution may be made for granular backfill or pave restoration
only with the specific approval of the Community Development Director
in each instance.
3.
Approved granular backfill material shall be composed of one (1)
inch minus crushed stone or gravel and sand, free from clay lumps
and trash and conforming to industry standards for sieve analysis.
4.
The granular backfilling material shall be at the excavation site
at the time of the inspection by the Community Development Director
so he/she can determine compliance with aggregate specifications.
Granular backfill shall be placed in horizontal layers not greater
than six (6) inches thick before compaction and shall be densified
by mechanical tamping or inundating and vibration or jetting. Each
layer of fill material shall be compacted to ensure the desired compaction
and density which shall be not less than ninety-five percent (95%)
standard compaction. During placement, care shall be taken to avoid
undue segregation of coarse and fine particles.
5.
Asphaltic concrete pavement, macadam pavement, or bituminous pavement
shall be restored as follows:
Excavation edges shall be cut straight to a minimum depth of
two (2) inches and squared with a concrete saw. The edge shall be
primed and an asphaltic concrete, St. Louis County Type C, shall be
placed on the compacted backfill. The depth of asphaltic concrete
shall be eight (8) inches placed in layers not greater than three
(3) inches nor less than one (1) inch. Each layer shall be thoroughly
compacted and the surface shall be smooth and free of ruts matching
the existing pavement to support traffic without rutting or settling.
6.
Concrete pavement shall be restored as follows:
Excavation edges shall be straight, cut full depth and squared
with a concrete saw or replaced to a joint. A six (6) sack Portland
cement concrete shall be placed on the compacted backfill. The concrete
thickness shall be seven (7) inches minimum. The concrete surface
shall be finished to match the surrounding finishes. The concrete
shall be protected from traffic for seven (7) days.
7.
Curbs shall be restored as follows:
The existing remaining curb shall be cut straight with a concrete
saw or removed to a joint. The new curb shall match (asphaltic concrete
or Portland cement concrete) shape and style of the existing curbs.
Concrete curbs shall be reconstructed with six (6) pack Portland cement
concrete.
8.
Excavations in parkways outside of the paved area may be backfilled
with earth and all grassed areas returned to their original condition
by sodding or seeding as directed by the City. Earth backfill is to
be placed and compacted in the same manner as described in this Section
for granular fills or thoroughly jetted to obtain maximum settlement
and shall be maintained by the applicant until the areas has been
stabilized in the original condition. As soon as the excavation has
been backfilled, all excess excavated materials shall be removed from
the area and disposed of.
I.
All
work shall be guaranteed from defects for a period of one (1) year
after the inspection.
J.
Inspection Of Backfill Material And Pavement Replacement. Backfill material must be approved by the Community Development
Director. In the event backfill material is not approved by the City,
all such backfill must be removed and replaced under the Community
Development Director's supervision. Pavement shall be replaced only
upon inspection by the City.
K.
Interference With Traffic And Driveways — Restoration Of Surfaces. All excavations regulated by this Section shall be made in such
manner as not to inconvenience or interfere with the public use or
travel upon the streets, sidewalks, or other public places when possible.
When such use is unavoidably obstructed, the person making such excavation
shall exercise all reasonable dispatch in prosecuting the work so
that the public use will not be obstructed beyond a reasonable time.
All sidewalks, crosswalks, curbs, gutters, streets or public places
disturbed, interfered with or injured in making such excavation shall
be restored, replaced and repaired to as good condition as they were
before such excavation was made.
L.
Barricades, Signs, Lights And Warning Signals. Every person
who shall make or cause to be made any excavation in or adjoining
on a public street, highway or public place shall provide, erect and
maintain at all times along the line of work all such barricades,
signs, lights and warning signals as may be necessary to advise, warn
and protect the public from the hazards arising from the operation.
All traffic control devices shall be in accordance with the Manual
on Uniform Traffic Control Devices as published by the Federal Highway
Administration.
M.
Protection Of Public As To Excavations Near Public Ways. No person shall make, cause or permit any opening near any public
street, highway, alley or other public place to be left open and unguarded
so as to be dangerous to persons passing along said street, highway,
alley or other public place.
N.
Inspections. Inspection fees for each inspection performed
shall be forty dollars ($40.00). A minimum of one (1) inspection shall
be required for each permit.
[R.O. 2013 §521.140; Ord. No. 1473 §14, 10-18-1999]
A.
Unless
action is taken by the City to the contrary, the City shall defer
to the decisions of the fire districts having jurisdiction within
the City of Valley Park regarding the location and number of public
fire hydrants in each applicable fire district, except in cases as
the Community Development Director determines that the City has different
requirements with regard to specific locations or sites. The fire
district authorizing or requiring any public hydrant shall forward
such resolution to the Community Development Director for the City,
and unless the Community Development Director shall indicate objection
to the resolution in writing to the fire district within twenty (20)
days after such delivery, the City shall defer to the decision of
the fire district for purposes as may be required by law for the authorization
of such fire hydrants. No excavation shall occur within any public
right-of-way or easement for installation of such fire hydrants until
a special use permit or other required permit shall be obtained from
the City of Valley Park.
B.
Nothing
in this Section shall be deemed to impose upon any fire district or
any other party any requirement not already existing in law regarding
the location or number of any fire hydrants, nor shall it be deemed
to create any liability upon the City relating to any decision by
the applicable fire district or any other party regarding such public
fire hydrants. The City retains all authority and power under law
to require, authorize or regulate public fire hydrants and nothing
in this Section shall be deemed to modify or waive any applicable
ordinances or regulations of the City.
