[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:
- BEST MANAGEMENT PRACTICES or BMP
- Practices, procedures or a schedule of activities to reduce the amount of sediment and other pollutants in storm water discharges associated with construction and land disturbance activities.
- CONSTRUCTION SEASON
- March first (1st) to November first (1st) of any given calendar year.
- DRAINAGE WAY
- Any channel that conveys surface runoff through a site.
- The wearing away of land surface through the action of wind or water.
- EROSION CONTROL
- 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.
- 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.
- PERIMETER CONTROL
- 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.
- QUALIFIED PROFESSIONAL
- 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.
- RUNOFF COEFFICIENT
- The fraction of total rainfall that exits at the outfalls from a site.
- SEDIMENT CONTROL
- 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.
- STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
- 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 storm water 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.
[Ord. No. 207 §2, 2-26-1996; Ord. No. 1488 §1, 2-25-2008]
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.
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:
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;
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;
Name and address of owner;
Estimated grading quantity;
Details of site drainage system;
Storm Water Pollution Prevention Plan (SWPPP) for land disturbance greater than one (1) acre in area;
Construction access to site;
Location of temporary off-street parking;
The estimated schedule of operations, including the dates of starting and completion of grading work;
Sources of off-site fill material or spoil sites. All information relative to haul routes, trucks and equipment; and
A recent aerial photograph, or a detailed topographical map showing tree canopy, in the same scale as the development plan.
[Ord. No. 207 §3, 2-26-1996; Ord. No. 221 §2, 4-8-1996; Ord. No. 1488 §1, 2-25-2008]
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:
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.
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.
Grading of land for bona fide farming, nurseries, landscaping or gardening or similar agricultural or horticultural use whenever there is substantial compliance with recommendations or standards of the local soil conservation authority or for private road maintenance, removal of brush (brushhogging) and normal lawn maintenance activities; provided that such grading does not remove or destroy more than seven thousand five hundred (7,500) square feet of tree canopy coverage in one (1) year or less.
Grading activities in public rights-of-way covered by an appropriate special use permit.
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.
[Ord. No. 207 §4, 2-26-1996; Ord. No. 1488 §1, 2-25-2008]
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.
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.
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.
[Ord. No. 207 §5, 2-26-1996; Ord. No. 221 §3, 4-8-1996; Ord. No. 1488 §1, 2-25-2008]
All grading shall comply with the following requirements:
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.
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.
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.
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.
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.
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.
Minimum standards. Minimum standards of excavations and fills shall be as follows:
No excavation shall be made with a cut face steeper in slope than three (3) horizontal to one (1) vertical.
Minimum standards—land disturbance. Unless modified as may be permitted in this Subsection (8) or by provisions of Subsection (9)(b) hereof, minimum standards for land disturbance shall be as follows:
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.
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.
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.
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.
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.
Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.
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.
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.
Minimum standards—all grading.
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.
Modifications. Any party seeking a permit may request a modification of any of the minimum standards set forth in Subsections (7) or (8) hereof by filing a written request with the Director specifically identifying:
Erosion control design. Erosion control requirements shall include the following:
Soil stabilization shall be completed within five (5) days of clearing or inactivity in construction.
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.
Techniques shall be employed to ensure stabilization on steep slopes and in drainage ways.
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.
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(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.
Techniques shall be employed to prevent the blowing of dust or sediment from the site.
Techniques shall be employed to divert upland runoff past disturbed slopes.
Sediment control design. Sediment control requirements shall include:
Settling basins, sediment traps or tanks and perimeter controls.
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 2-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.
Settling basins shall be designed in a manner that allows adaptation to provide long-term storm water management as required by the City.
Settling basins shall have stabilized spillways to minimize the potential for erosion of the spillway or basin embankment.
Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls.
Watercourse design. Watercourse protection requirements shall include:
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.
Stabilization of any watercourse channels before, during and after any in-channel work.
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.
All storm water conveyances shall be designed according to the criteria of the St. Louis Metropolitan Sewer District (MSD) and the necessary MSD permits obtained.
Stabilization adequate to prevent erosion shall be provided at the outlets of all pipes and paved channels.
Construction site access design. Construction site access requirements for land disturbance greater that one (1) acre shall include:
A temporary access road provided at all grading sites including a wash down area supporting all active sites.
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.
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:
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.
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.
Grading of slopes will require silt fencing at intermediate levels to slow surface water, prevent rutting and decrease erosion.
Grading sites will require silting basins to prevent mud from washing onto adjacent properties.
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.
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.
The maximum uncompacted thickness of layers of the fill to be compacted shall not exceed eight (8) inches.
Compaction shall be by tamping, sheeps foot rollers, multiple wheel pneumatic or other type rollers. Rolling shall be continuous until the desired maximum density is obtained.
Topsoil disturbed by grading or building operations shall be stripped and piled for storage in an amount necessary to complete finished grading only.
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:
Storm Water Pollution Prevention Plan (SWPPP) required for land disturbance greater than one (1) 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.
Content. The Storm Water Pollution Prevention Plan (SWPPP) shall comply with the standards established herein and shall include the following:
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.
Site address or location description and parcel identification number(s).
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.
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.
A natural resources map identifying soils, forest cover and resources protected under other provisions of City ordinances.
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.
Estimated quantity of land to be disturbed.
Details of the site drainage pattern both before and after major land disturbance activities.
Access to construction site.
Description of Best Management Practices (BMP) to be utilized to control erosion and sedimentation during the period of land disturbance.
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 drainage ways during the period of construction and land disturbance.
Description of Best Management Practices (BMP) that will be installed during land disturbance to control pollutants in storm water discharges that will occur after land disturbance activity has been completed.
Location of temporary off-street parking and wash-down area for related vehicles.
Sources of off-site borrow material or spoil sites and all information relative to haul routes, trucks and equipment.
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.
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.
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.
Provisions for maintenance of control facilities, including easements and estimates of the cost of maintenance.
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.
Schedules and procedures for routine inspections of any structures provided to prevent pollution of storm water or to remove pollutants from storm water and of the site in general to ensure all Best Management Practices (BMP) are continually implemented and are effective.
Required plan amendments—Storm Water Pollution Prevention Plan (SWPPP). The permit holder shall amend the Storm Water Pollution Prevention Plan whenever:
Design, operation or maintenance of Best Management Practices (BMP) is changed;
Design of the construction project is changed that could significantly affect the quality of the storm water discharges;
Site operator's inspections indicate deficiencies in the Storm Water Pollution Prevention Plan (SWPPP) or any Best Management Practices (BMP);
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);
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;
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;
Total settleable solids from a storm water 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;
Total settleable solids from a storm water outfall exceeds two and one-half (2.5) ml/L/hr for any other outfall; or
The City or the Missouri Department of Natural Resources determines violations of water quality standards may occur or have occurred.
Permit holder responsibilities for administration of Storm Water Pollution Prevention Plan (SWPPP). The permit holder shall:
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);
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;
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
Maintain a current copy of the Storm Water Pollution Prevention Plan (SWPPP) on the site at all times.
[Ord. No. 207 §6, 2-26-1996; Ord. No. 1488 §1, 2-25-2008]
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:
[Ord. No. 207 §7, 2-26-1996; Ord. No. 1488 §1, 2-25-2008]
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.
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.
[Ord. No. 207 §8, 2-26-1996; Ord. No. 1488 §1, 2-25-2008]
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.
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.
[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.
[Ord. No. 207 §10, 2-26-1996; Ord. No. 1488 §1, 2-25-2008]
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.
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.
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.
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.
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.
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.
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.
Noise. The permittee shall take appropriate measures to reduce noise to the fullest extent practical in the performance of the grading work.
[Ord. No. 207 §11, 2-26-1996; Ord. No. 1488 §1, 2-25-2008]
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.
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.
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.
[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 a misdemeanor punishable by a fine and imprisonment as set out in Section 100.140 of this Code.
[Ord. No. 207 §13, 2-26-1996; Ord. No. 1488 §1, 2-25-2008; Ord. No. 1797 §1, 3-28-2011]
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.
Emergency Work. In cases where public health or safety is in danger or whatever excavations must be made on an emergency basis to eliminate hazards to persons, or to prevent interruptions in the utility services or to restore such services after an interruption has developed and the City is not open, the provisions of this Section relating to issuances of a special use permit prior to excavation shall not apply. In such case the person making the excavation shall notify the Police Department of the City that the emergency work is being commenced and the location thereof, and the work may proceed immediately. Final surfacing or temporary patches by the contractor shall not be placed until such time as the City has inspected and approved the backfill and issued a special use permit therefor. Application for a special use permit shall be made on the first (1st) day the City public works office is open after the emergency work is commenced.
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).
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.
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.
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.
Each special use permit shall have a separate cash deposit to guarantee backfilling, paving, and site restoration in accordance with this Section.
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.
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.
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.
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.
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.
Manner Of Making Excavations.
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.
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.
Adequate provision for proper drainage of the area surrounding the work shall be maintained at all times.
At no time shall the maximum length of an open trench be permitted to exceed five hundred (500) feet.
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.
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.
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.
Manner Of Backfilling, Repaving And Site Restoration.
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.
Substitution may be made for granular backfill or pave restoration only with the specific approval of the Director of Public Works in each instance.
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.
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.
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.
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.
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.
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.
All work shall be guaranteed from defects for a period of one (1) year after the inspection.
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.
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.
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.
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.
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.
[Ord. No. 217 §§1—2, 4-8-1996; Ord. No. 1488 §1, 2-25-2008]
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.
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.