City of Crestwood, MO Grading and Excavating

A grading permit shall not be required in the following instances, provided that no change in drainage patterns or sedimentation onto adjacent properties will occur:

(1)

Grading for the foundation or basement of any building structure or swimming pool for which a building permit has been duly issued.

(2)

Grading of less than five cubic yards for sites 10,000 square feet or less or less than 10 cubic yards for sites in excess of 10,000 square feet.

(3)

Grading for or by any public utility for the installation, inspection, repair or replacement of any of its facilities.

(4)

Grading of property for or by any governmental agency in connection with a public improvement or public work on said property.

(5)

Grading of land for nurseries, landscaping, or gardening or similar horticultural use whenever there is substantial compliance with recommendations or standards of the local soil conservation authority.

(6)

Grading activities in public rights-of-way covered by an excavation permit.

(7)

Trench excavation covered by a construction permit.

§ 7-85 Minimum requirements.

[Ord. No. 3889, §§ 2, 3, 2-22-2005]

The manual, as may be updated and modified by the Department, sets forth minimum requirements that must be met in order to obtain a grading permit. This document also provides guidance and additional resources to facilitate control of soil erosion on land that is undergoing development.

No permit shall be issued until the applicant has deposited with the City a sum covering the cost of all review, inspections or other administrative costs hereunder as determined by the Director of Public Works. The Director of Public Works shall estimate the cost using the schedule of fees as listed in the manual and any other costs as deemed necessary. The Director of Public Works also maintains the right to waive any and all fees.

§ 7-86 Application procedure.

[Ord. No. 3889, §§ 2, 3, 2-22-2005]

An application for a grading permit shall be in writing on forms provided by the Department, and submitted to the Department. The application shall be completed in the form and manner prescribed by the Department and shall include required information as outlined in the manual. The grading plan and the SWPPP shall be prepared and sealed by a licensed engineer, unless the requirement is specifically waived by the Director of Public Works.

§ 7-87 Surety.

[Ord. No. 3889, §§ 2, 3, 2-22-2005]

Performance guarantee. Prior to the issuance of a grading permit, the applicant shall deposit a surety with the City as determined by the Director of Public Works as required for particular sites. Said grading permit shall be issued upon the approval of the Department and the applicant depositing with the City a sum equal to that which would be required to guarantee the performance, restoration, maintenance and/or rehabilitation of said site based upon the approved grading plans and the approved SWPPP.

If at anytime the Department determines that the surety deposited with the City is in an amount that is not sufficient to guarantee the performance, restoration, maintenance and/or rehabilitation of the site based upon the approved grading plans and the approved SWPPP, the permittee shall deposit additional surety with the City in an amount determined by the Department within 15 days after receiving notification from the Department. If the permittee does not deposit the additional surety with the City, the Department may issue a stop work order as outlined in Subsection 7-93(f) of this chapter.

The surety shall be released as detailed in the manual.

Any portion of the deposit not expended or retained by the City hereunder shall be refunded when the grading operation is completed and the soil and drainage conditions are stabilized to the satisfaction of the City.

(e)

The Director may perform, or have performed, any work necessary to restore, maintain and/or rehabilitate the site based upon the approved grading plan, approved SWPPP, and/or the requirements of this chapter. All costs incurred in the performance of this work shall be charged against the surety the applicant deposited for the grading permit. By applying for a grading permit, the applicant consents to the City or its contractor entering the property and holds them harmless regarding any work that they perform.

§ 7-88 Inspections.

[Ord. No. 3889, §§ 2, 3, 2-22-2005]

By applying for a grading permit, the applicant consents to the City inspecting the proposed development site and all work in progress. Inspections shall be made by the Department and the applicant as detailed in the manual. Applicant shall notify the City upon commencement and completion of the following; clearing, rough grading, finish grading before seeding; and all reestablishment and construction work. Said notice shall be in writing to the Department.

§ 7-89 Use of streets during grading operations.

[Ord. No. 3889, §§ 2, 3, 2-22-2005]

Notice. At least five working days prior to the use of any street in the City by trucks or equipment engaged in grading activities the contractor in charge shall be required to submit a written report to the Department, specifying the kind and description of trucks or 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 Department with all other information required of him to estimate or determine the amount of wear and tear, or damage, if any, that may be caused to streets by such usage. The applicant shall also provide the Department visual documentation, such as a video, and/or photographs, of the existing condition of the streets to be used. Before construction actually commences or while the work on the streets is in progress, the Department may require the applicant to post a pavement restoration bond, in such sum as is directed by the Department, with the City to guarantee the City compensation for any damage to streets, curbs, sidewalks or public facilities.

Routes. The Department shall, at least two 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 permittee and contractor shall be charged with the duty of seeing that the trucks or equipment use only the route or routes approved by the Department. In the event of any emergency requiring a change in route or routes, or if the 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 finds the welfare of the City so requires, he may order that the trucks or equipment use only the alternate route or routes so designated by the Director.

Inspection. The Director 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 of his findings, including with his report after termination of the work, his estimate of the cost of restoring the street, curbs and/or sidewalks to their original condition.

At the time the Department of Public Works approves the route or routes to be used as provided in § 7-88, the applicant shall be notified that the City will hold the applicant liable for unusual wear and tear or damage to the streets, curbs, and sidewalks resulting from such usage, and that acceptance of the route or routes by the applicant shall constitute an agreement on his part to pay the reasonable cost of restoring the streets, curbs and sidewalks in question to their original condition. Within 30 days after notification, the applicant shall cause the streets, sidewalks and curbs to be restored to their original condition. Failure to affect the repairs shall be cause for action against the surety.

§ 7-90 Effect of grading on others.

[Ord. No. 3889, §§ 2, 3, 2-22-2005]

No grading shall be completed on any property which will adversely affect neighboring properties by discharging, directing or obstructing water flow in such a way that it causes damage to any neighboring properties.

§ 7-91 Construction dirt, debris, waste.

[Ord. No. 3889, §§ 2, 3, 2-22-2005]

BMP's at construction site. The permittee, the owner of the property, contractor or developer in charge of work, shall construct and maintain temporary siltation control devices or other approved measures to prevent washing or spreading of mud and dirt. Until final surfacing is in place, which will avoid washing or spreading of dirt and mud onto other property or improvements, all such material must be removed as necessary on a daily basis. In the event that the BMP's in place are ineffective or experiencing failure on a consistent basis, such measures shall be fortified or replaced with more appropriate measures as directed by the Director of Public Works.

Removing mud from vehicle wheels. The permittee, owners, contractors, and developers, jointly and severally, shall provide their personnel with shovels, a washdown station, or other equipment as necessary to remove dirt from the wheels of all vehicles leaving any clearing or grading site where mud has accumulated on the wheels, before such vehicles enter any public or private street of the City. It shall be unlawful for the permittee, or any owner, contractor, or developer to permit any vehicle to leave such place with mud on the wheels which is liable to be dispersed over any public or private street of the City. 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 permittee, owners, contractors, and developers, 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 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.

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 permittee, owner, contractor, or developer, or the Director may, upon 10 days' notice, cause to have them repaired at the permittee's, owner's, contractor's or developer's expense.

(e)

Waste material. During the course of construction, excavation, or grading, the permittee, owners, contractors, and developers are required to collect and dispose of all paper, refuse, sticks, lumber and other building waste, and all other waste material, and to prevent the same from blowing or otherwise being scattered over adjacent public or private property. Any waste material that is blown or scattered over the site, as well as, on any adjacent public or private property, shall be picked up daily, and disposed of properly. Washout from concrete trucks must be controlled in a manner so as not to adversely impact the site, adjacent public or private property, or adjacent streams and storm sewer systems.

(f)

Sanitary facilities. Adequate provisions must be made for sufficient temporary sanitary facilities to serve the number of workers on the site.

(g)

Planting ground. All disturbed areas shall be sodded, planted, concreted, paved or otherwise surfaced within 14 calendar days after completion of each phase of work, to avoid washing or spreading of dirt and mud onto other property, sidewalks, curbs, gutters, streets and the space between sidewalks and curbs. If determined by the City that an undue hardship exists because of unfavorable ground conditions, the City may grant an extension of time by which the disturbed areas have to be surfaced.

(h)

Timing of grading operations. All grading activity shall be conducted between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless in the case of an emergency or an extension of hours is specifically granted by the Director of Public Works.

§ 7-92 Spill prevention and control facilities.

[Ord. No. 3889, §§ 2, 3, 2-22-2005]

The permittee shall take appropriate measures to prevent spills, and shall develop necessary control facilities for materials such as paint, solvents, petroleum products, chemicals, toxic or hazardous substances, substances regulated under the Resource Conservation and Recovery Act (RCRA) or the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and any wastes generated from the use of such materials and substances, including their containers. Any containment systems employed to meet this requirement shall be constructed of materials compatible with the substances contained and shall be adequate to protect both surface and ground water.

On-site fueling facilities shall adhere to applicable federal and state regulations concerning storage and dispensers.

§ 7-93 Enforcement.

[Ord. No. 3889, §§ 2, 3, 2-22-2005]

Agency responsibility. Enforcement of this chapter shall be the responsibility of the City or official(s) as determined by the City.

Responsible parties for enforcement purposes — Defined. The party or parties responsible and liable for actions or non-action taken in relation to this chapter, including responsibility for abating violations of this chapter, shall be the owner, applicant, any co-applicants, permittee, contractor, developer and any other responsible party and employees thereof.

Complaints. The City shall receive complaints and inquiries and route the complaint/inquiry to the appropriate responsible enforcement agency.