City of Wright City, MO Chapter 540 Construction Traffic Deposit Fee For New Streets

Section 540.010 Findings And Purpose.

[R.O. 1992 § 540.010; Ord. No. 742 § I, 10-27-2011]

The Board of Aldermen has determined that whenever construction traffic related to new residential or commercial development in the form of heavy trucks [over eighteen thousand (18,000) pounds] and equipment ("construction traffic") uses a street constructed or improved within sixty (60) months of the construction traffic's use of the street ("new street"), damage, deterioration and diminution of the useful life of new street beyond the normal wear and tear caused by commuter traffic will result from such use of new street. The user fee required by this Chapter shall compensate the City for the diminution in value to, and shortening of the expected useful life of, any new street caused by the depositor's employees, agents, contractors, subcontractors or materialmen, either directly or indirectly, use of the new street with construction traffic in connection with the depositor's project, or in connection with the construction of depositor's street, sidewalks, driveways or other improvements.

Section 540.020 When Not Applicable.

[R.O. 1992 § 540.020; Ord. No. 742 § I, 10-27-2011]

A. The provisions of this Chapter shall not be applicable to:

1. Any construction, improvement, project, endeavor or enterprise under the direction of City Officials by employees of the City or by any contractor of the City performing work for and on behalf of the City;

2. Any street not within the maintenance responsibility of the City; or

3. State highways.

Section 540.030 Chapter Supplemental To Other Regulations.

[R.O. 1992 § 540.030; Ord. No. 742 § I, 10-27-2011]

This Chapter is not intended to nor shall it supplant any existing ordinance or other regulation of the City but shall be complementary to such ordinances and regulations.

Section 540.040 Required When Project Will Damage Streets.

[R.O. 1992 § 540.040; Ord. No. 742 § I, 10-27-2011]

A. Every person who has primary responsibility for any project which, based on the construction route submitted to the City as required herein, will require construction traffic to use, drive upon, or access a new street in the City shall prior to beginning such project deposit cash with the City in such amount as may be established by the Board of Aldermen after the Board has been advised of the nature and details of the project.

B. For purposes of this Chapter, a person has "primary responsibility" for a project if the person is the owner, developer and/or other person having ultimate control of the project, including the construction of depositor's streets, sidewalks, driveways or other improvements.

C. For purposes of this Chapter, a "construction route" is the route designated by the applicant hereunder for construction traffic to use to access the project site the City limits to the construction site.

Section 540.050 Required Of Persons Constructing Homes Or Other Buildings And Structures.

[R.O. 1992 § 540.050; Ord. No. 742 § I, 10-27-2011]

A. Every person using a new street in the City in connection with the improvement of real or personal property, including the erection and construction of buildings or structures, shall, in addition to any permit fees or other deposits, deposit a fee with the City in the amount of:

1. Five hundred dollars ($500.00) for each new single-family residence; or

2. Where the estimated cost of construction is five thousand dollars ($5,000.00) or less for other types of buildings, structures, improvements or streets, not including fences or minor signs, seventy-five dollars ($75.00); or

3. Where the estimated cost of construction is in excess five thousand dollars ($5,000.00) for other types of buildings, structures, improvements or streets, not including fences or minor signs, one hundred fifty dollars ($150.00).

Section 540.060 When To Be Made.

[R.O. 1992 § 540.060; Ord. No. 742 § I, 10-27-2011]

Any deposit fee required to be paid under the provisions of this Chapter shall be made at the time of application for any permit which may be required for such improvement, construction or project; or, if no permit is required, at least twenty-four (24) hours prior to the time such improvement, construction or project is begun. If more than one (1) permit is required for a project, the fee shall be paid upon application for the first (1) permit.

Section 540.070 Building Permits Not Valid Unless Fee Paid.

[R.O. 1992 § 540.070; Ord. No. 742 § I, 10-27-2011]

A. No building permit shall be valid unless:

1. The construction route is submitted and approved by the City; and

2. The deposit fee required under the provisions of this Chapter has been made and a receipt therefor attached to or noted upon such building permit.

Section 540.080 Street Fund.

[R.O. 1992 § 540.080; Ord. No. 742 § I, 10-27-2011]

All fees required to be made under the provisions of this Chapter shall be deposited in a separate street account established to receive only such deposits for future road repairs and maintenance.

Section 540.090 Refund.

[R.O. 1992 § 540.090; Ord. No. 742 § I, 10-27-2011]

If after ten (10) years funds are not used for road improvements as set forth herein, they can be refunded to the paying party upon official request by the party on a form provided by the City.

Section 540.100 Appeal.

[R.O. 1992 § 540.100; Ord. No. 742 § I, 10-27-2011]

Any person aggrieved by a decision of the City or any official thereof pursuant to the authority in this Chapter may file an appeal to the Board of Aldermen; provided, that such appeal must be filed with the City Clerk not later than seven (7) days after the final decision by the City Official; further provided nothing in such appeal shall limit the authority of the City to abate any nuisance pending such appeal.