[R.O. 1997 § 425.010; Ord. No. 207 § 1, 2-26-1996; Ord.
No. 221 § 1, 4-8-1996; Ord. No. 1488 § 1, 2-25-2008]
For the purposes of this Chapter
(hereinafter the "Grading Code"), the following terms, phrases, words
and their derivations shall have the meanings given herein:
Practices, procedures or a schedule of activities to reduce
the amount of sediment and other pollutants in stormwater discharges
associated with construction and land disturbance activities.
March 1 to November 1 of any given calendar year.
Any channel that conveys surface runoff through a site.
The wearing away of land surface through the action of wind
or water.
Any best management practices (BMP) that prevents or minimizes
erosion.
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, uncovered, removed, displaced, relocated
or bulldozed and shall include the conditions resulting therefrom.
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.
A barrier that prevents sediment from leaving a site by filtering
sediment-laden runoff or diverting it to a sediment trap or basin.
Clearing a parcel of land in distinct stages, with the stabilization
of each phase substantially completed before the clearing of the next.
A Missouri licensed professional engineer or other person
or firm knowledgeable in the principles and practices of erosion and
sediment control, including the best management practices described
in this code.
The fraction of total rainfall that exits at the outfalls
from a site.
Any best management practices (BMP) that prevents eroded
sediment from leaving a site.
Any single or contiguous lots, tracts, projects or subdivisions
of land owned by a single person or by several persons acting jointly.
The use of best management practices (BMP) that prevent exposed
soil from eroding from a land disturbance site.
A management plan, the purpose of which is to ensure the
design, implementation, management and maintenance of best management
practices (BMP) in order to reduce the amount of sediment and other
pollutants in stormwater discharges associated with land disturbance
activities, comply with the standards of the City and ensure compliance
with the terms and conditions of the applicable State permits, including
adherence to the land disturbance program contained in Missouri MS4
NPDES permits.
A natural or artificial channel or body of water including,
but not limited to, lakes, ponds, rivers, streams, ditches and other
open conveyances that carry surface runoff water either continuously
or intermittently.
[R.O. 1997 § 425.020; Ord. No. 207 § 2, 2-26-1996; Ord.
No. 1488 § 1, 2-25-2008]
A.
Except as herein provided, no grading shall
hereafter occur on any site without obtaining a permit from the Director
of Public Works 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 Director of Public Works and filed with the Director. Unless
waived by the 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 United States Geological Survey datum, 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 Director
of Public Works, at his/her discretion, may require the development
map 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 features
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.
Storm Water Pollution Prevention
Plan (SWPPP) for land disturbance greater than one (1) acre in area;
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 same scale
as the development plan.
[R.O. 1997 § 425.030; Ord. No. 207 § 3, 2-26-1996; Ord.
No. 221 § 2, 4-8-1996; Ord. No. 1488 § 1, 2-25-2008]
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 building, structure or swimming pool
for which a building permit has been duly issued; provided that any
prior approved grading, Storm Water Pollution Prevention Plan (SWPPP)
or tree preservation plan for the overall development shall continue
to be followed. Building sites not part of a larger development authorized
by an existing grading permit shall obtain a grading permit for the
site.
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 (brush hogging) 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 rights-of-way
covered by an appropriate special use permit.
5.
Land disturbance less than two thousand
(2,000) square feet in area for residential purposes only on any lot
containing a single-family residence for which occupancy has commenced
and is ongoing, provided appropriate measures are 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 Director may revoke application of this exemption
to the subject site.
[R.O. 1997 § 425.040; Ord. No. 207 § 4, 2-26-1996; Ord.
No. 1488 § 1, 2-25-2008]
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 Department of Public
Works in conjunction with the Department of Planning and the developer
depositing with the City of Wildwood a sum equal to that which is
required for assurance of the completion of said project. The Director
of Public Works 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 Department of Public Works of the City of Wildwood.
Said escrow can be approved by the Department of Public Works and
the City Attorney and drawn upon by order of the Director of Public
Works if the requirements of the grading plan or of this Chapter are
not satisfied. In drawing upon such funds, the 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 twenty-five thousand dollars ($25,000.00) may 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. 1997 § 425.050; Ord. No. 207 § 5, 2-26-1996; Ord.
No. 221 § 3, 4-8-1996; Ord. No. 1488 § 1, 2-25-2008]
A.
All grading shall comply with the following
requirements:
1.
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.
2.
Retaining Walls—Cribbing. Retaining
walls or cribbing shall be required whenever deemed necessary by the
Department of Public Works 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 waters to the nearest practical
storm drain or natural watercourse as approved by the Director of
Public Works 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 clean uncontaminated earth, soil, dirt, sand, rocks, gravel or masonry materials only, shall be free of vegetable matter and deleterious material and shall not contain large rocks or lumps. Materials for roadways are not covered by this Chapter as per exceptions in Section 425.030.
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 (A)(8) or by provisions of Subsection (A)(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 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 zoning 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 or local law or regulation. The Director
of Public Works, in conjunction with the Department of Planning, 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.
Clearing techniques that retain existing
vegetation to the maximum extent practicable shall be used and the
time period for disturbed areas to be without vegetative cover shall
be minimized to the extent practical.
f.
Clearing, except that necessary to
establish sediment control devices, shall not begin until all sediment
control devices have been installed and have been stabilized.
g.
Phasing shall be required on all
sites disturbing greater than thirty (30) acres of land. The size
of each phase will be established by the Department of Public Works
at the time of plan review for the issuance of a grading permit.
h.
The Director of Public Works, in
conjunction with the Department of Planning, 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 Natural Resource Protection Standards of the Subdivision Code (see Chapter 420), all requirements of the Tree Preservation and Restoration Code (see Chapter 410 of this Code), and other applicable zoning (see Chapter 415) and subdivision regulations (which are on file in the City offices) 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 zoning, subdivision or other development regulations of the City of Wildwood.
b.
Modifications. Any party seeking a permit may request a modification of any of the minimum standards set forth in Subsection (A)(7) or (8) hereof by filing a written request with the Director specifically identifying:
(1)
Unique or unusual characteristic(s)
of the site, not 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 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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c.
Erosion Control Design. Erosion control
requirements shall include the following:
(1)
Soil stabilization shall
be completed within five (5) days of clearing or inactivity in construction.
(2)
If seeding or another
vegetative erosion control method is used, it shall become established
within two (2) weeks or the site shall be reseeded or a non-vegetative
option employed.
(3)
Techniques shall be
employed to ensure stabilization on steep slopes and in drainageways.
(4)
Soil stockpiles must
be stabilized or covered at the end of each workday or perimeter controls
must be in place to prevent silt from the stockpile from leaving the
site.
(5)
The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season. No new grading shall commence after the close of the construction season and before the start of the next construction season, unless authorized by the Director of Public Works in accordance with Section 425.050(A)(9)(b) of this Chapter; except for minimum necessary grading for the foundation or basement of any building, structure or swimming pool for which a building permit has been duly issued.
(6)
Techniques shall be
employed to prevent the blowing of dust or sediment from the site.
(7)
Techniques shall be
employed to divert upland runoff past disturbed slopes.
d.
Sediment Control Design. Sediment
control requirements shall include:
(1)
Settling basins, sediment
traps or tanks and perimeter controls.
(2)
Settling basins shall
be provided for each drainage area within ten (10) or more acres disturbed
at one time and shall be sized to contain one-half (0.5) inch of sediment
from the drainage area and be able to contain a two-year, 24-hour
storm. If the provision of a basin of this size is impractical, other
similarly effective best management practices (BMP), as evaluated
and specified in the Storm Water Pollution Prevention Plan (SWPPP),
shall be provided.
(3)
Settling basins shall
be designed in a manner that allows adaptation to provide long-term
stormwater management as required by the City.
(4)
Settling basins shall
have stabilized spillways to minimize the potential for erosion of
the spillway or basin embankment.
(5)
Protection for adjacent
properties by the use of a vegetated buffer strip in combination with
perimeter controls.
e.
Watercourse Design. Watercourse protection
requirements shall include:
(1)
Encroachment into or
crossings of active watercourses/riparian areas and wetlands shall
be avoided to the maximum extent practicable. All City, State and
Federal permits and approvals shall be obtained by a permit holder
prior to beginning work authorized by a City grading permit.
(2)
Stabilization of any
watercourse channels before, during and after any in-channel work.
(3)
If a defined watercourse
is to be realigned or reconfigured, clearing and grubbing activities
within fifty (50) feet of the watercourse shall not begin until all
materials and equipment necessary to protect the watercourse and complete
the work are on site. Once started, work shall be completed as soon
as possible. Areas within fifty (50) feet of the watercourse shall
be recontoured and revegetated, seeded or otherwise protected within
five (5) working days after land disturbance activities have ceased.
(4)
All stormwater conveyances
shall be designed according to the criteria of the St. Louis Metropolitan
Sewer District (MSD) and the necessary MSD permits obtained.
(5)
Stabilization adequate
to prevent erosion shall be provided at the outlets of all pipes and
paved channels.
f.
Construction Site Access Design.
Construction site access requirements for land disturbance greater
that one (1) acre shall include:
(1)
A temporary access road
provided at all grading sites including a wash down area supporting
all active sites.
(2)
The Department of Public
Works may require other measures to ensure that construction vehicles
do not track sediment onto public streets or be washed with wash effluent
channeled directly into storm drains.
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 certified
by a registered professional engineer at the owner's expense. Frequency
of compaction tests is to be determined by the Director of Public
Works. 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 Director of Public
Works 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 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.
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, sheepsfoot
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:
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Paved areas—Two (2) feet below
subgrade
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Lawn areas—Two (2) feet below
finished grade
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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.
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12.
Storm Water Pollution Prevention
Plan (SWPPP) Required For Land Disturbance Greater Than One Acre In
Area. All applications for grading permits for land disturbance greater
than one (1) acre in area shall be accompanied by a Storm Water Pollution
Prevention Plan (SWPPP) prepared for the specific site by or under
the direction of a qualified professional. The application shall contain
a statement that any land clearing, construction or development involving
the movement of earth shall be in accordance with the Storm Water
Pollution Prevention Plan and the applicant will assume and acknowledge
responsibility for compliance with this Code and the Storm Water Pollution
Prevention Plan at the site of the permitted activity.
a.
Content. The Storm Water Pollution
Prevention Plan (SWPPP) shall comply with the standards established
herein and shall include the following:
(1)
Name, address and telephone
number of the site owner and the name, address and telephone number
of the individual who will be in overall responsible charge of construction/development
activities at the site.
(2)
Site address or location
description and parcel identification number(s).
(3)
A site map showing the
outlines of the total project area, the areas to be disturbed, existing
land uses, locations and names of surface water bodies, locations
of flood plains, locations of temporary and permanent best management
practices (BMP) and such other information as may be required by the
City.
(4)
Existing contours of
the site and adjoining strips of off-site property and proposed contours
after completion of the proposed land disturbance and development,
based on United States Geological Survey 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.
(5)
A natural resources
map identifying soils, forest cover and resources protected under
other provisions of City ordinances.
(6)
An estimate of the runoff
coefficient of the site prior to disturbance and the runoff coefficient
after the construction addressed in the permit application is completed.
(7)
Estimated quantity of
land to be disturbed.
(8)
Details of the site
drainage pattern both before and after major land disturbance activities.
(9)
Access to construction
site.
(10)
Description of best
management practices (BMP) to be utilized to control erosion and sedimentation
during the period of land disturbance.
(11)
Description of best
management practices (BMP) to be utilized to prevent other potential
pollutants such as construction wastes, toxic or hazardous substances,
petroleum products, pesticides, herbicides, site litter, sanitary
wastes and other pollutants from entering the natural drainageways
during the period of construction and land disturbance.
(12)
Description of best
management practices (BMP) that will be installed during land disturbance
to control pollutants in stormwater discharges that will occur after
land disturbance activity has been completed.
(13)
Location of temporary
off-street parking and wash down area for related vehicles.
(14)
Sources of off-site
borrow material or spoil sites and all information relative to haul
routes, trucks and equipment.
(15)
The anticipated sequence
of construction and land disturbance activities, including installation
of best management practices (BMP), removal of temporary best management
practices (BMP), stripping and clearing; rough grading; construction
utilities, infrastructure and buildings; and final grading and landscaping.
Sequencing shall identify the expected date(s) on which clearing will
begin, the estimated duration of exposure of cleared areas, areas
of clearing, installation of temporary erosion and sediment control
measures and establishment of permanent vegetation.
(16)
All erosion and sediment
control measures necessary to meet the objectives of this code throughout
all phases of construction and after completion of site development.
Depending upon the complexity of the project, the drafting of intermediate
plans may be required at the close of each season.
(17)
Seeding mixtures and
rates, types of sod, method of seedbed preparation, expected seeding
dates, type and rate of lime and fertilizer application and kind and
quantity of mulching for both temporary and permanent vegetative control
measures.
(18)
Provisions for maintenance
of control facilities, including easements and estimates of the cost
of maintenance.
(19)
Plans for responding
to any loss of contained sediment to include the immediate actions
the permit holder will take in case of a containment failure. This
plan must include documentation of actions and mandatory reporting
to the Department of Public Works.
(20)
Schedules and procedures
for routine inspections of any structures provided to prevent pollution
of stormwater or to remove pollutants from stormwater and of the site
in general to ensure all best management practices (BMP) are continually
implemented and are effective.
b.
Required Plan Amendments—Storm
Water Pollution Prevention Plan (SWPPP). The permit holder shall amend
the Storm Water Pollution Prevention Plan whenever:
(1)
Design, operation or
maintenance of best management practices (BMP) is changed;
(2)
Design of the construction
project is changed that could significantly affect the quality of
the stormwater discharges;
(3)
Site operator's inspections
indicate deficiencies in the Storm Water Pollution Prevention Plan
(SWPPP) or any best management practices (BMP);
(4)
Inspections by City
or by the Missouri Department of Natural resources indicate deficiencies
in the Storm Water Pollution Prevention Plan (SWPPP) or any best management
practices (BMP);
(5)
The Storm Water Pollution
Prevention Plan (SWPPP) is determined to be ineffective in significantly
minimizing or controlling erosion or excessive sediment deposits in
streams or lakes;
(6)
The Storm Water Pollution
Prevention Plan (SWPPP) is determined to be ineffective in preventing
pollution of waterways from construction wastes, chemicals, fueling
facilities, concrete truck washouts, toxic or hazardous materials,
site litter or other substances or wastes likely to have an adverse
impact on water quality;
(7)
Total settleable solids
from a stormwater outfall exceeds one-half (0.5) ml/L/hr if the discharge
is within the prescribed proximity of a valuable resource water as
defined by the Missouri Department of Natural Resources;
(8)
Total settleable solids
from a stormwater outfall exceeds two and one-half (2.5) ml/L/hr for
any other outfall; or
(9)
The City or the Missouri
Department of Natural Resources determines violations of water quality
standards may occur or have occurred.
c.
Permit Holder Responsibilities For
Administration Of Storm Water Pollution Prevention Plan (SWPPP). The
permit holder shall:
(1)
Notify all contractors
and other entities (including utility crews, City employees or their
agents) that will perform work at the site of the existence of the
Storm Water Pollution Prevention Plan (SWPPP) and what actions or
precautions shall be taken while on site to minimize the potential
for erosion and the potential for damaging any best management practices
(BMP);
(2)
Determine the need for
and establish training programs to ensure that all site workers have
been trained, at a minimum, in erosion control, material handling
and storage and housekeeping;
(3)
Provide copies of the
Storm Water Pollution Prevention Plan (SWPPP) to all parties who are
responsible for installation, operation or maintenance of any best
management practices (BMP); and
(4)
Maintain a current copy
of the Storm Water Pollution Prevention Plan (SWPPP) on the site at
all times.
[R.O. 1997 § 425.060; Ord. No. 207 § 6, 2-26-1996; Ord.
No. 1488 § 1, 2-25-2008]
A.
Inspections shall be made by the Department
of Public Works during each stage of grading operations and final
approval shall be required upon completion of operations. Applicant
shall notify the City at least two (2) working days before each of
the following:
[R.O. 1997 § 425.070; Ord. No. 207 § 7, 2-26-1996; Ord.
No. 1488 § 1, 2-25-2008]
A.
Notice. At least five (5) working days
prior to the use of any street in the City by trucks or hauling or
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 Director of Public Works 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 Director of Public Works 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 Director of Public Works 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 Director of Public Works 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 Director of Public
Works. In the event of any emergency requiring a change in route or
routes, or if the Director of Public Works 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 Director.
[R.O. 1997 § 425.080; Ord. No. 207 § 8, 2-26-1996; Ord.
No. 1488 § 1, 2-25-2008]
A.
Photographs. It shall be the duty of the
Director of Public Works, immediately prior to the time of designating
the route or routes or alternate route or routes as provided herein,
to examine the condition of the streets to be used and 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 location 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.
Inspection. In addition to the taking of
photographs before and after construction, the Director of Public
Works 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/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. 1997 § 425.090; Ord. No. 207 § 9, 2-26-1996; Ord.
No. 1488 § 1, 2-25-2008]
At the time the Director of Public Works designates the route or routes to be used as provided in Sections 425.070 and 425.080, he/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 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 said route or routes under the grading permit, the contractor shall pay to the City an amount sufficient to reimburse the City for the expense of restoring the streets, sidewalks and curbs to their original condition.
[R.O. 1997 § 425.100; Ord. No. 207 § 10, 2-26-1996; Ord.
No. 1488 § 1, 2-25-2008]
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, 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 public or 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 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.
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 Director of Public Works 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 7:00 A.M. and sunset on weekdays and 8:00 A.M. and sunset on Saturdays
and Sundays, unless in the case of emergency or a limited extension
of hours is specifically granted by the Director of Public Works 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. 1997 § 425.110; Ord. No. 207 § 11, 2-26-1996; Ord.
No. 1488 § 1, 2-25-2008]
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 Director of Public Works
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. 1997 § 425.120; Ord. No. 207 § 12, 2-26-1996; Ord.
No. 1488 § 1, 2-25-2008; Ord. No. 1607 § 1, 3-23-2009]
Violation of any provision of this Chapter shall be an offense punishable by a fine and imprisonment as set out in Section 100.140 of this Code.
[R.O. 1997 § 425.130; Ord. No. 207 § 13, 2-26-1996; Ord.
No. 1488 § 1, 2-25-2008; Ord. No. 1797 § 1, 3-28-2011]
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 Director of Public Works
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 day the City Public
Works 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 425.040 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 this 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 Director of Public Works 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.
Each special use permit shall have
a separate cash deposit to guarantee backfilling, paving, and site
restoration in accordance with this Section.
3.
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.
4.
If the work is completed satisfactorily,
the deposit shall be refunded to the applicant within fifteen (15)
days of the final inspection by the Director of Public Works or his/her
authorized representative. The contractor is responsible for notifying
the Director of Public Works of final completion of work. The final
inspection will not be performed until the thirty (30) day maintenance
period is over.
5.
In the event the applicant fails
to complete or correct the work required by this Section, the City
may correct or 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.
6.
Failure of the applicant to call
for the final inspection within one (1) year of the issuance date
of the special use permit shall result in the deposit being forfeited
by the applicant, and said deposit shall be paid to the City Treasury
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 of 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 effect 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 and 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 Director of Public Works
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
Director of Public Works 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
City Inspector 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) sack 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 area 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 a City Inspector.
In the event backfill material is not approved by the City, all such
backfill must be removed and replaced under a City Inspector'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. 1997 § 425.140; Ord. No. 217 §§ 1—2, 4-8-1996; Ord.
No. 1488 § 1, 2-25-2008]
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 Wildwood regarding the location
and number of public fire hydrants in each applicable fire district,
except in such cases as the Director of Public Works 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 Director of Public Works for
the City, and unless the 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 Wildwood.
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.
