[Ord. No. 676 §§1 — 2, 7-22-1992]
That a certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Winchester, being marked and designated as "The Design Criteria for the Preparation of Improvement Plans" and "The St. Louis County Standard Specifications for Highway Construction" as published by St. Louis County, Missouri, be and is hereby adopted as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said design criteria and standard specifications are hereby referred to, adopted and made a part hereof, as if fully set out in this Article, with the additions, insertions, deletions and changes, if any, prescribed in Section 510.020 of this Article.
[Ord. No. 676 §4, 7-22-1992]
A. 
The following Sections of "The Design Criteria for the Preparation of Improvement Plans" is hereby revised as follows:
Section 0.400: Definitions. Item 6 (page 3) change "The Planning Commission of St. Louis County" to "The Planning and Zoning Board of the City of Winchester".
Section 0.400: Definitions. Item 7 (page 3) delete Committee.
Section 0.400: Definitions. Item 9 (page 3) change paragraph to "Comprehensive Plan — A plan or any portion thereof for the coordinated development of the City of Winchester".
Section 0.400: Definitions. Item 13 (page 3) change paragraph to "City Engineer of Winchester".
Section 0.400: Definitions. Item 15 (page 3) change paragraph to "City Engineer of Winchester".
Section 0.400: Definitions. Item 20 (page 4) change paragraph to "Flood Plain — A geographic area susceptible to periodic inundation from overflow of natural waterways and determined as to extent on the Flood Insurance Floodway and Rate maps as issued by the Federal Emergency Management Agency and any future revisions thereto".
Section 0.400: Definitions. Item 34 (page 5) change "Single Lot Development" to "Refer to the Zoning Ordinance".
Section 0.400: Definitions. Item 40 (page 5) change "Street, Major (Arterial)" to "A street so designated on the Major Highway Plan adopted by the St. Louis County Planning Commission or otherwise designated by the St. Louis County Highway Department of Highways and Traffic and utilized primarily for heavy volume of traffic on a continuous route".
Section 0.400: Definitions. Item 45 (page 6) change "Title Page" to "Refer to Subdivision Regulations Section 410.020 "Improvement Plans".
Section 0.400: Definitions. Item 47 (page 6) change "Zoning Ordinance" to "The Ordinance, as amended, as from time to time amended, which controls and regulates zoning for the City of Winchester".
Section 2.300: Sanitary Sewer Plan and Profile Sheets. (page 8) change first (1st) paragraph to "All construction details pertaining to the sewer improvements shall be prepared in accordance with the requirements of the Metropolitan St. Louis Sewer District and shown in plan and profile".
Section 2.300: Sanitary Sewer Plan and Profile Sheets. Item e (page 8) change to "Contact the City of Winchester regarding all major utility conflicts within road rights-of-way".
Section 2.500: Improvement Plan Review Chart. (page 9) delete.
Section 3.000: Permits. Item (e) (page 11) Permits — No person, firm or corporation shall develop, alter or modify any tract of land or roadway within the City of Winchester without first securing the approval of the improvement plans as required by the department, nor shall any person, firm or corporation undertake such work or cause the same to be undertaken without first obtaining the required permits from the agency having jurisdiction over the proposed construction.
Section 3.300: Plans and Fees. Item 1 (page 11) change "Plans" to "Four (4) sets of plans shall accompany all applications for permits. Submit directly to City of Winchester, 109 Lindy Boulevard, Winchester, MO 63021. Phone number (636) 391-0600".
Section 3.300: Plans and Fees. Item 2 (page 11) change to "Permits shall cover all construction activities with the right-of-way of all public roads with the City of Winchester".
Section 3.300: Plans and Fees. Item 3 (page 11) change "Special use permit fee is one hundred twenty-five dollars ($125.00) per unit".
Section 3.400: Other Permits. Item 1 (page 11) add "St. Louis County Department of Highways and Traffic".
Section 3.500: Delete "Chart".
Section 4.000: Street Improvements. (page 15) change to "All construction, details and specifications pertaining to roadway improvements within the City of Winchester shall be done under the observation and inspection of the Street Commissioner of the City of Winchester and shall be subject to his/her approval".
Section 4.200: Entrances. (page 15) change to "All entrance construction within the City of Winchester roadway rights-of-way shall be constructed in accordance with the City of Winchester specifications and Entrance Standards, Exhibits 14 through 21. All entrance construction within St. Louis County roadway rights-of-way shall be constructed in accordance with the St. Louis County Specifications and Entrance Standards".
Section 4.210: Residential Entrances. (page 15, lines 12 and 15) change "existing County roads" to "existing City roads".
Section 4.210: Residential Entrances. (page 15) add "Entrances on existing County arterial roads shall meet the requirements of St. Louis County".
Section 4.220: Commercial Entrances. (page 15) change "Department of Highways and Traffic" to "City of Winchester".
Section 4.300: Parking Area. (page 16) change "within St. Louis County" to "within the City of Winchester".
Section 4.400: Sidewalks. (page 16) change "within St. Louis County" to "within the City of Winchester".
Section 4.400: Sidewalks. (page 16) add "Sidewalks on St. Louis County arterial road rights-of-way shall meet with the requirements of St. Louis County".
Section 4.420: Sidewalk Variances. Refer to Zoning Ordinance.
Section 5.000: Drainage. (page 17) The intent of this Section is to require all construction, details, specification and design be in accordance with the Specifications and Rules and Regulations and Engineering Design Requirements for Sanitary Sewerage and Stormwater Drainage Facilities of the Metropolitan St. Louis Sewer District. Where conflicts exist between the requirements of this Section and the above-referenced agency, MSD requirements shall govern. In addition, for tracts or parcels within designated flood plains, all requirements of the Federal Emergency Management Agency relating to development within flood plains and Section 500.050 of the City of Winchester shall be met.
Section 5.100: Design Criteria. (page 17) delete and replace with "All stormwater design is to be in accordance with the Rules and Regulations and Engineering Design Requirements for Sanitary Sewerage and Stormwater Drainage Facilities of the Metropolitan St. Louis Sewer District".
Section 5.110: Drainage Structures. (page 17) delete and replace with "All drainage structures shall be designed in accordance with the Rules and Regulations and Engineering Design Requirements for Sanitary Sewerage and Stormwater Drainage Facilities of the Metropolitan St. Louis Sewer District".
Section 5.120: Erosion Control. (page 17) add "Siltation barriers shall be provided along all public rights-of-way to prevent sheet flow from crossing public sidewalks or pavements until permanent vegetation is established."
Section 5.130: Stormwater Retention. (page 17) change "County Council" to "City Board of Aldermen".
Section 5.200: Plans and Calculations. (page 17) delete and replace with "All plans and calculations shall be in accordance with the Rules and Regulations and Engineering Design Requirements for Sanitary Sewerage and Stormwater Drainage Facilities of the Metropolitan St. Louis Sewer District".
Exhibit 11: Standard Typical Section, Minor Rural or Urban. Type 1 pavement add "four (4) inches rolled stone base under slab, extend one (1) foot beyond edge".
Exhibit 11: Standard Typical Section, Minor Rural or Urban. General notes add "Provide transverse under drain (four (4) inch minimum) at all low points under Type 1 pavements. Connect to inlet".
Exhibit 11: Standard Typical Section, Minor Rural or Urban. General notes add "For designated subdivision collector streets, increase pavement width to thirty-two (32) feet back of curb to back of curb".
Exhibit 13: Integral Curb and Concrete Pavement, Plan of Joint Locations. Change "transverse construction joint spacing to thirteen (13) feet maximum for six (6) inch pavements".
Exhibit 13: Integral Curb and Concrete Pavement. General notes add "7. Joint sealant for sawed joints shall conform to Section 1057.1.4 of the St. Louis County Standard Specifications for Highway Construction".
All Exhibits. Change references to Department of Highways and Traffic to Street Department.
B. 
St. Louis County Standard Specification For Highway Construction. That the following Sections of the St. Louis County Standard Specification for Highway Construction are hereby revised as follows:
1. 
All regulatory authority of Division 100 shall be vested in the City of Winchester. All references in other divisions pertaining to St. Louis County authority shall be interpreted to be the City of Winchester.
2. 
All references to authority on arterial roads shall remain as St. Louis County.
[Ord. No. 676 §5, 7-22-1992]
That nothing in this Article or in the design criteria for the preparation of improvement plans or the standard specifications hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance hereby repealed nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Article.
[Ord. No. 676 §6, 7-22-1992]
Any person who violates any provisions of this Article shall upon conviction be penalized by a fine of not less than one dollar ($1.00) nor more than one thousand dollars ($1,000.00) and no less than one (1) day incarceration nor more than ninety (90) days incarceration, or by both such fine and period of incarceration.
[CC 1981 §530.010; Ord. No. 161 §2, 5-8-1963]
As used in this Article, the following terms shall have these prescribed meanings:
EXCAVATION
Any hole dug in the ground to a depth of more than one and one-half (1½) feet.
FENCE
An enclosure substantially constructed of steel, wire, chain or other metallic material completely surrounding an excavation which may contain a gate having a lock or other fastening not susceptible to being opened without a key or other device.
MAINTAIN
Construction of an excavation, the ownership of property on which an excavation is located, the possession of property on which an excavation is located.
[CC 1981 §530.020; Ord. No. 76 §§1 — 2, 7-1-1959; Ord. No. 665 §1, 2-26-1992]
A. 
It shall be unlawful for any person, firm, corporation or co-partnership to excavate in or upon, construct in or upon or make any change in the surface of any public street, road, highway, alley, sidewalk or avenue, or any surface adjacent to or adjoining same, located in the City of Winchester, St. Louis County, Missouri, without having first obtained a permit so to do from the Building Commissioner of the City.
B. 
The Building Commissioner of the City of Winchester is hereby authorized and empowered to issue permits for the excavations, constructions, additions to or changes in the surface of the public streets, roads, highways, alleys, sidewalks or avenues of the City of Winchester, St. Louis County, Missouri, upon application accompanied by a written description of the work contemplated and such permits shall be issued when in the discretion of the Building Commissioner such work is reasonable and consistent with the general construction of the streets, roads, highways, alleys, sidewalks or avenues in question.
C. 
Excavation Permit Fee. For excavation permits, the City shall collect a non-refundable deposit of forty dollars ($40.00) which is applied towards a fifty dollar ($50.00) permit fee.
D. 
Validity. Permits are valid for thirty (30) days unless extended by the Building Commissioner.
[CC 1981 §530.030; Ord. No. 161 §1, 5-8-1963]
It shall be unlawful for any person, firm, corporation or co-partnership to maintain any artificial excavation having an opening at the mouth thereof greater than two (2) feet in diameter without having such excavation surrounded by a fence having a height from the ground of not less than forty-eight (48) inches and it shall further be unlawful for any person, firm, corporation or co-partnership to maintain any such artificial excavation in such a manner as to collect water, debris, dirt or other substances constituting a hazard or nuisance.
[CC 1981 §530.050; Ord. No. 161 §4, 5-8-1963]
It shall be unlawful for any person, firm, corporation or co-partnership to maintain an excavation whether fenced or unfenced in such a condition that it collects water, filth, debris, dirt or other material or to maintain such excavation in an unsightly and unclean condition.
[CC 1981 §530.060; Ord. No. 161 §5, 5-8-1963]
Upon the determination of the City Engineer of the City of Winchester that a violation of this Article exists and after giving five (5) days' notice in writing to the owner of record of the property on which any violation exists or, in the event the address of such owner cannot be determined, by the posting for five (5) days of a notice of violation on the property in question, the City Engineer may, at the expense of the City, construct or have constructed a fence around such excavation, which constitutes a violation of this Article, or may by contract or by the use of City employees and equipment fill and level such excavation and the reasonable and necessary cost of such fencing or filling and grading, or both such fencing and filling and grading, shall constitute a lien against the lot.