[R.O. 2004 § 505.110; Ord. No.
80 § 1.1, 2-14-1989]
The purpose of this Article is to control soil erosion on land
that is undergoing development for non-agricultural uses and to preserve
the natural terrain and waterways of land within the town. The provisions
of this Article are intended to provide a natural community environment
and to prevent soil erosion which necessitates costly repairs to gulleys,
washed-out fills, roads and embankments. The resulting sediment of
soil erosion, clogs, storm sewers and road ditches chokes streams
and creates silt lakes, all of which pose a threat to public health
and safety. Interpretation and application of the provisions of this
Article shall be pursuant to these purposes and should be done in
accordance with other ordinances relating to zoning and construction.
[R.O. 2004 § 505.120; Ord. No.
80 § 1.2, 2-14-1989]
For the purposes of this Article, the following words and phrases
shall have the meanings ascribed to them by this Section.
The City of Weldon Spring.
A barrier or dam built across a waterway or at other suitable
locations to retain rock, sand, gravel, silt or other material.
A channel with or without a supporting ridge on the lower
side constructed across or at the bottom of a slope.
A properly licensed individual or firm appointed or retained
by the Board of Aldermen to review plans, proposals, work in progress
or completed work which falls under the purview of this Article.
The wearing away of the land surface by the action of wind,
water or gravity.
The removal, stripping or disturbance of soil, earth, sand,
rock, gravel or other similar substances from the ground.
The vertical location of the existing ground surface prior
to excavation or filling.
The placing of any soil, earth, sand, rock, gravel or other
substance on the ground.
The final grade or elevation of the ground surface conforming
to the proposed design.
Any excavation or filling or combination thereof.
A natural or constructed waterway, usually broad and shallow,
covered with erosion-resistant grasses, used to conduct surface water
from a field, diversion or other site features.
Including, but not limited to, the banks and beds of any
river or waterway.
A land surveyor registered in the State of Missouri.
The Planning and Zoning Commission of the City of Weldon
Spring.
[R.O. 2004 § 505.130; Ord. No.
80 § 1.3, 2-14-1989]
The provisions of this Article shall not be construed as permitting the applicant for a permit under Section 505.150 of this Article to carry on any commercial operation or business or use any premises for buildings or structures thereon for any purpose not otherwise permitted by other City ordinances. For the purpose of this Article, grading shall not be considered a commercial operation or business if the grading is incidental to and necessary for the establishment or operation of a use permitted in the applicable zoning district.
[R.O. 2004 § 505.140; Ord. No.
80 § 1.4, 2-14-1989]
The provisions of this Article shall apply to all excavation,
grading or filling operations of exposed ground which were being worked
as of the date of enactment of this Article; except, that any then
existing operation shall have been completed within one (1) year from
the date of enactment of this Article; provided that the written notice
of intention to continue such operation for such time was filed with
the Zoning Commission within thirty (30) days after the enactment
of this Article. No then-existing operation shall be extended in area
or any new operation commenced after such date without first securing
a permit therefor as herein provided, and such operation shall be
subject to all of the provisions of this Article.
[R.O. 2004 § 505.150; Ord. No.
80 § 2(2.1 — 2.5), 2-14-1989; Ord. No. 100 § 1, 12-4-1989; Ord. No. 02-25 § 3, 8-13-2002]
A.
Required. No grading shall be commenced in the City, except as hereinafter provided, without first obtaining a grading permit from the City Engineer. A grading permit will always be required in the following instances, and the exceptions noted in Subsection (B) do not apply:
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 not filling
in excess of five hundred (500) 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 five hundred (500) 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.
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.
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.
C.
Application Procedure. Application for a grading permit shall be
made by the property owner or his/her authorized agent and shall be
made to the City Engineer on forms provided or in a form prescribed
by the City Engineer. Applications shall be accompanied by a detailed
statement of proposed work, the purpose thereof and why 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 the 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
assure 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 the 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 materials;
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, water well, gas
transmission pipeline, aboveground utility line or any other utility
line 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 City Engineer;
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 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 location of proposed discharge to a valved outlet
for drainage purposes and the proposed level of 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 outlets, springs or other flowing wells and
the 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 basins, grass waterways and diversions;
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 and roads will be protected adequately.
2.
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 City Engineer in such amount as deemed sufficient
to insure completion of all work following excavation, grading or
filling pursuant to the conditions of approval; provided the town
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 City Engineer shall annually submit to the Board of Aldermen
for approval a schedule of bond requirements and rates.
3.
An application fee to cover the costs of permit and inspection shall be submitted prior to the issuance of any grading permit. The fee shall be as stated in Chapter 412, Fee Schedule, of this Code. The Zoning Commissioner shall estimate the total fee prior to issuance of the permit, and that amount shall be received prior to issuance of the permit. Any overcharge or undercharge shall be corrected following the completion of grading but prior to occupancy.
4.
The applicant shall be responsible for providing all information
required to evaluate the application. The City Engineer has the authority
to determine what information is required to evaluate each application
for purposes of establishing the permit fee.
5.
The costs incurred by the City to retain legal, engineering
and surveying assistance to perform all reviews and related work resulting
from the application, including the costs of any ongoing reviews during
and after excavation, grading or filling plus the twenty dollars ($20.00)
per one thousand (1,000) cubic yards of material or fraction thereof
to be excavated, graded or filled. The Engineer shall estimate the
total fee prior to issuance of the permit and that amount shall be
received prior to issuance of the permit. Any overcharge or undercharge
shall be corrected following completion of grading but prior to occupancy.
D.
Issuance.
1.
The City Engineer shall establish the amount of the performance
bond, if any, and if the application and plan comply with the standards
contained in this Article and shall issue a permit in accordance therewith.
In acting upon such an application and plan, the City Engineer 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:
a.
Interference with surface water flow and drainage;
b.
Interference with lateral supports and slopes;
c.
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 pits and the creation of stagnant water
pools.
2.
The City Engineer may impose such conditions or requirements
upon the issuance of a permit as deemed necessary or proper to assure
faithful compliance with this Article.
E.
Expiration.
1.
A permit issued under this Article shall expire one (1) year
from the date of issuance; except that the City Engineer may, for
due cause shown, renew any permit for one-year periods after complete
review of all plans and examination of the 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 renewed
if the provisions of this regulation have not been complied with;
provided that, in connection with continuing operations, the City
Engineer may waive for a one-year period, those requirements which
would make continuing operations impractical.
2.
This renewal fee shall be one-half (1/2) the fee charges for
an original application except that actual legal and engineering costs
for the renewal period shall be charged at full cost. If the application
is not renewed as prescribed above, subsequent reapplication will
be treated as an initial application.
[R.O. 2004 § 505.160; Ord. No.
80 § 3(3.1 — 3.2), 2-14-1989]
A.
Approval Of Plans. Approval of plans and specifications for excavation
shall be based upon the following standards:
1.
All excavations, grading or filling shall have a finished grade
not to exceed three (3) to one (1); except that embankments less than
three (3) feet in height shall be exempt therefrom if properly mulched
and seeded. Steeper grades are allowed if the excavation is through
rock or the excavation or fill is protected by a properly designed
head wall or toe wall approved by the City Engineer. If such walls
exceed a height of six (6) feet, a protective fence or barrier shall
be required.
2.
Grading plans for more than one (1) acre of soil shall provide
for sediment basins, diversions, grass waterways, mulching and seeding
whenever necessary to avoid damage to adjoining properties, roads,
ditches and storm sewers.
3.
Time schedules for grading operations shall be categorized as
six (6) months or less, twelve (12) months or less and twelve (12)
months or more, depending upon the amount of time that the soil shall
be exposed or subjected to erosion under normal weather conditions
for the season.
4.
Truck and equipment accessways to the site of the operation
shall be located so as to minimize danger to traffic and nuisance
to surrounding properties. Such access shall be deterrent or paved
to the extent necessary to prevent any dust nuisance to surrounding
properties. All such accessways shall be clearly marked with signs
and shall be posted approximately two hundred (200) feet distant from
such accessways or other traveled areas. Such signs shall read "Caution
Trucks Entering" and be of size, type, coloring, lettering and format
used by the County Highway Department. Debris, soil and other materials
shall be removed daily from public streets and sidewalks.
5.
The finished grade shall provide that surface water from drainage
areas in excess of two (2) acres that cross grades steeper than eight
(8) to one (1) shall be intercepted with diversions and lowered to
a stable outlet constructed with concrete flumes or pipe.
6.
The adjoining ground to the concerned plot shall be provided
with protections from accelerated and increased surface water, silt
from erosion and any other consequences of erosion during and after
excavation. Where it is necessary for the protection of such property
to enter upon private property for the purpose of taking appropriate
protective measures, the applicant shall obtain consent from the owner
of such private property for such purpose and if he/she cannot obtain
such consent, the town shall take appropriate legal steps, including
eminent domain, to allow entry upon the private premises solely for
the purpose of 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.
7.
All lots shall be seeded and mulched or sodded before occupancy
except in cases of undue hardship because of unfavorable ground conditions.
B.
Grading Operations. All grading operations shall be restricted as
follows:
1.
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 shall be deemed a commercial use and are
hereby prohibited unless written consent is given by the City Engineer.
2.
Except as otherwise provided in Section 505.130, 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. Such storage shall not be for a term longer than the term of the permit issued or a term ending ten (10) days following completion of the operation, whichever occurs first.
3.
It shall be unlawful to keep or store any trucks, machinery
or equipment on any property or street after completion of the grading
operation. All such trucks, machinery or equipment shall be removed
from such property within ten (10) days after completion of the work
or expiration of the permit, whichever occurs first.
4.
The applicant shall notify the City Engineer when each of the
following is begun and each is completed:
a.
Rough grading.
b.
Finished grading before seeding.
c.
All reestablishment and construction work.
The City Engineer or authorized representative, upon such notification,
shall make field inspections on the site to determine if the work
in progress and the completed operation have been performed in accordance
with this Article.
5.
All pits, quarries, holes or other excavated areas shall be refilled with and no new filling operation shall be conducted with any material except clean non-burnable fill containing no trash, refuse or harmful matter and such excavated areas, and new filling operations shall be graded to the level of adjoining property or to an elevation from which all surface and other waters collected therein may find natural drainage therefrom. Stumps and logs may be used for fill material but only in accordance with the standards and requirements established by the City Engineer. Excess material shall either be removed from the premises or leveled and covered with topsoil and seeded as provided in Section 505.160.
6.
It shall be unlawful to change, modify, abolish or alter any
of the debris basins, grass waterways, diversions and other soil erosion
control structures as permitted in a grading permit except with the
prior consent and written approval of the City Engineer.
[R.O. 2004 § 505.170; Ord. No.
80 § 4(4.1 — 4.5), 2-14-1989]
A.
Consent To Inspect. By applying for a grading permit, the applicant
consents to inspection by the City of the proposed graded plot and
all work in progress.
B.
Correction Of Violations — Failure To Comply With Notice. All
violations shall be corrected within the time limit set forth by the
City Engineer as specified in the issuance of a written notice to
correct. All persons failing to comply with such notice shall be deemed
in violation of this Article.
C.
Penalties. Any person violating any provision of this Article and
found guilty of such violation shall be punished as provided for all
violations adjudicated in Circuit Court.
D.
Appeals. Any person denied a grading permit as herein provided shall
have the right to appeal such denial to the Board of Adjustment. Such
appeal must be made within forty-five (45) days of date of such denial.
E.
Severability. The provisions of this Article are separable, and if
any provision or part of this Article should be held invalid, such
invalidity shall not affect the validity of the remainder of this
Article.
