[R.O. 2006 §510.040; CC 1985 §21-26; Ord. No. 64 §40.890, 1-15-1985]
Except as otherwise provided herein, this Article applies to all grading plans and operations.
[R.O. 2006 §510.050; CC 1985 §21-27; Ord. No. 64 §40.820, 1-15-1985; Ord. No. 95.43 §1, 9-21-1995]
Monuments of concrete, iron or other lasting materials set for the purpose of locating or preserving property lines or subdivision lines, or precise survey reference points or a permanent survey bench mark within the City shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so is first obtained in writing from the Building Official. Permission shall be granted only upon condition that the permittee under this Article shall pay all expenses incident to the proper replacement of the marker.
When work performed by a permittee under this Article interferes with established drainage systems, provision shall be made by the permittee to provide proper drainage to the satisfaction of the Building Official.
When any earth, gravel or other excavated or graded material is caused to roll, flow or wash upon any street, the permittee shall cause the same to be removed from the street within four (4) hours after deposit. When any earth, gravel or other excavated or graded material is caused to roll, flow or wash upon the surface of any sewer easement, the permittee shall cause the same to be removed from the surface of a sewer easement before completion of the project.
[R.O. 2006 §510.060; CC 1985 §21-28; Ord. No. 64 §40.830, 1-15-1985]
Upon completion of all work under the provisions of the permit, the permittee shall notify the Building Official. The Building Official shall make a final inspection to determine whether the work has been accomplished in conformity with the requirements of this Article.
[R.O. 2006 §510.070; CC 1985 §21-29; Ord. No. 64 §40.850, 1-15-1985]
No person shall make, or cause to be made, any excavation adjoining any public or private street, highway, alley or thoroughfare in the City without adequately protecting the same so as to prevent persons, animals or vehicles from falling into the excavation.
[R.O. 2006 §510.080; CC 1985 §21-41; Ord. No. 64 §§40.800, 40.870, 40.890, 1-15-1985; Ord. No. 95.43 §2, 9-21-1995; Ord. No. 00.19 §2, 6-1-2000]
It shall be unlawful for any person to make any excavation or do any grading where more than fifty (50) cubic yards of material are to be removed where the existing elevation is changed by more than two (2) feet. It shall also be unlawful for any person to make any excavation or do any grading on the surface of a sewer easement without first securing a permit from the City for each separate undertaking; provided however, that nothing herein contained shall apply to excavations or openings for utility poles and provided further that any person maintaining pipes, lines or other underground facilities in or under the surface may proceed with an opening without a permit when emergency circumstances demand the work to be done immediately, and the permit cannot reasonably and practically have been obtained beforehand. Such persons shall thereafter apply for a permit on the first (1st) regular day on which the City Hall is open for business.
No alteration of existing surface draining shall be commenced without submitting and obtaining approval of a Storm Drainage Plan pursuant to Section 410.340 of this Code and obtaining an excavation permit from the City Building Official.
No person to whom a permit has been granted shall perform any of the work authorized by such permit in any amount or quantity greater than specified in the permit, except that upon approval of the Building Official, additional work may be done under the provisions of the permit in an amount not greater than ten percent (10%) of that specified in the permit.
A grading permit shall not be required in the following instances:
Grading for the foundation of basement of any building, structure or swimming pool for which a building permit has been duly issued.
Grading by any public utility for the installation, inspection, repair or replacement of any of its facilities.
Grading of property for or by any governmental agency in connection with the public improvement or public works on said property.
Grading in connection with any subdivision when the plat and plans have been approved in accordance with the laws and regulations of the City; provided however, that all information required by this Article shall be submitted to the Building Official and all grading plans shall be approved prior to the approval of the final plat of any subdivision.
The permit holder shall submit a compaction plan for all proposed embankments or fill areas over two (2) feet in depth or containing more than five hundred (500) cubic yards of material. The plan shall clearly indicate the method of material placement, compaction control, and method and frequency of testing. The plan shall conform to the requirements of the City of Osage Beach Design Guidelines and shall be prepared by a registered professional engineer.
At the completion of the construction or placement of embankment, the permit holder shall submit certification in duplicate of all completed testing and the certification of a registered professional engineer that the embankment has been installed and compacted such that all material contained therein has been compacted to ninety percent (90%) of the maximum compacted density at optimum moisture content.
The permit holder shall provide for storm runoff retention and active silt and sediment control system during construction and until such time as the permanent drainage control system and vegetation is established.
[R.O. 2006 §510.090; CC 1985 §21-42; Ord. No. 64 §40.800, 1-15-1985]
An application for the permit required by this Article shall be filed with the Building Official and shall be accompanied by duplicate copies of an excavation and/or grading plan showing the work proposed to be performed. Applications shall, in addition, present information that all materials, labor and equipment which may be needed to complete the proposed work is available. If required by the Building Official, applicants shall furnish a list of owners and tenants of all properties abutting the area where the proposed work is to be performed.
[R.O. 2006 §510.100; CC 1985 §21-43; Ord. No. 64 §40.800, 1-15-1985]
Every applicant for a permit required by this Article shall agree to hold the City, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to have accrued by reason of any work performed under a permit issued hereunder. The acceptance of a permit shall constitute such an agreement by the applicant.
[R.O. 2006 §510.110; CC 1985 §21-44; Ord. No. 64 §40.800, 1-15-1985]
Work for which a permit has been issued under this Article shall commence within thirty (30) days after the issuance of the permit, and if not so commenced, such permit shall be deemed terminated.
[R.O. 2006 §510.120; CC 1985 §21-45; Ord. No. 64 §40.800, 1-15-1985; Ord. No. 08.05 §1, 3-20-2008]
Each applicant for review and inspection of construction and/or grading site plans shall pay a fee of two percent (2%) of the total estimated cost of improvements. The estimated cost of improvements shall be computed pursuant to the Schedule of Unit Prices set out in Subsection (D) of this Section. This fee shall apply to all grading plans and grading activity regardless of whether construction plans are submitted in conjunction therewith.
"Improvements", as used in this Section, shall mean and include any structural, material or physical change incident to servicing or furnishing facilities for the site such as, but not limited to, removal of trees and other vegetative cover, grading, the installation of street pavement, curbs and gutters, driveway approaches, sidewalks, multi-purpose trails, traffic signals and/or other off-site roadway improvements, water mains and lines, sanitary sewers, storm sewers, culverts, bridges, detention facilities, outfall structures, lakes, waterways, canals, permanent street monuments, street trees or any other improvements required or deemed necessary with the approved construction site plan.
The fee imposed in this Section is in addition to the fees imposed by Section 500.020 and nothing in this Section shall be deemed to eliminate any other fees heretofore imposed under Title IV, Title V or Title VII of this Code.
Schedule Of Prices.
[R.O. 2006 §510.130; CC 1985 §21-46; Ord. No. 64 §40.840, 1-15-1985]
No person shall be issued a permit under this Article without first registering with the City proof that there is being maintained and carried liability insurance covering personal injury and property damage which may arise from or out of the performance of the proposed work.
Such insurance for personal injury shall be an amount not less than one million dollars ($1,000,000.00) for each person and not less than one million dollars ($1,000,000.00) for each accident and property damage shall be an amount not less than one million dollars ($1,000,000.00) and not less than one million dollars ($1,000,000.00) for all accidents.
[R.O. 2006 §510.140; CC 1985 §21-47; Ord. No. 64 §40.880, 1-15-1985; Ord. No. 86.26, 8-14-1986; Ord. No. 00.19 §3, 6-1-2000]
A permit required by this Article shall be issued and shall remain in force only upon compliance with the following requirements:
Adequate provision shall be made to prevent any surface water from damaging the cut-face and excavation of the sloping surface of a fill.
All drainage provisions shall be of such design as to carry surface water to the nearest practical storm drain, natural watercourse, or street approved by the Building Official as a suitable place to deposit and receive such water.
No excavation or grading shall be made so close to the property line as to endanger any adjoining public or private street without supporting and protecting such public or private street of property from settling, cracking or other damage.
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 effected, 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.
Limitation on the use of various kinds of materials. Frozen material 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.
Timber, logs, trees, brush, vegetable matter and rubbish of any description shall be removed and disposed of so as to leave the disturbed area with a neat and finished appearance.
All slopes shall be brought to finished grade.
All excavated areas and fill areas including areas of piles of dirt, shall be graded smooth to uniform slopes concurrent with excavation and/or filling operations. The portion of the areas no longer being excavated or filled shall be seeded and maintained.
[R.O. 2006 §510.150; CC 1985 §21-48; Ord. No. 64 §40.800, 1-15-1985]
Permits issued under this Article are not transferable, and the work shall not be made in any place other than the location specifically designated in the permit.
[R.O. 2006 §510.160; CC 1985 §21-49; Ord. No. 64 §40.800, 1-15-1985]
Every permit under this Article shall expire at the end of the period of time set out in the permit. If the permittee shall be unable to commence or to complete the work within the specified time, he/she shall, prior to the expiration date, present in writing to the Building Official a request for an extension of time, setting forth the reasons for the requested extension. If, in the opinion of the Building Official, such an extension is necessary and not contrary to the public interest, the permittee may be granted additional time for the completion of the work.
[R.O. 2006 §510.170; CC 1985 §21-50; Ord. No. 64 §§40.810, 40.900, 1-15-1985]
Any permit issued under this Article may be revoked by the Building Official after notice to the permittee, for the following grounds:
The Building Official is authorized to revoke any grading permit whenever he/she shall find the work covered by said permit has been extended or altered without permission previously having been granted to do so, or whenever he/she shall find that any retaining walls, curbing, drainage structures or other protective devices as shown on the approved plans and specifications submitted with the application for the permit have not been constructed as proposed and approved nor maintained in good order and repair.
Written notice of any of the above designated violations or conditions shall be served upon the holder of the permit or his/her agent engaged in the work. Such notice shall be given either by personal delivery thereof to the person to be notified or by certified or registered mail addressed to such person. When any permit has been revoked, and the work authorized by the permit has not been completed, the Building Official is hereby authorized to take such steps as may be necessary to restore the excavation or grading to as good condition as existed before the opening or grading was commenced. All such expenses incurred in such restoration shall be recovered from the bond required under the terms of this Article.