[R.O. 2011 §16.08.010; Prior Code §29-82; Ord. No. 6143 §1(part), 1997]
The provisions of this Chapter shall be administered and enforced
by the Zoning Administrator and the Director of Public Works and Parks,
who shall have the following duties and authority with respect to
this Chapter.
[R.O. 2011 §16.08.020; Prior Code §29-82.1; Ord. No. 6143 §1(part), 1997]
A.
The
Zoning Administrator:
1.
Shall serve as the administrative officer in charge of carrying out
the intent of this Chapter;
2.
May designate one (1) or more additional members within the Department
of Community Development to act for the Zoning Administrator, and
the term "Zoning Administrator" or "Administrator", as used elsewhere
in this Chapter, shall be deemed to include such deputies;
3.
May refer any violation of this Chapter to the City Attorney for
prosecution or other appropriate action when deemed necessary;
4.
May adopt such administrative policies as necessary for carrying
out administration and enforcement responsibilities.
[R.O. 2011 §16.08.030; Prior Code §29-82.2; Ord. No. 6143 §1(part), 1997]
A.
The
Director of Public Works and Parks:
1.
Shall administer the provisions of this Chapter concerning the review
and approval of improvement plans and shall have the authority to
approve improvement plans that are in compliance with this Chapter;
2.
Shall administer the provisions of this Chapter concerning the guarantees
for the completion and maintenance of improvements;
3.
Shall have the authority to issue grading and improvement construction
permits and ensure compliance therewith in accordance with the provisions
of this Chapter;
4.
May supplement the standards contained in this Chapter with additional
engineering design standards, as necessary, to accomplish the purposes
and intent of this Chapter;
5.
May designate one (1) or more additional members of the department
to act for the Director of Public Works and Parks, and the term "Director
of Public Works and Parks" or "Director", as used elsewhere in this
Chapter, shall be deemed to include such deputies;
6.
May cause the cessation of any construction or reconstruction of
any improvements, which are in violation of this Chapter, by issuing
a stop work order.
[R.O. 2011 §16.08.040; Prior Code §29-82.3; Ord. No. 6143 §1(part), 1997]
The Director of Public Works and Parks is authorized to inspect
or cause to be inspected any land in the City, upon which any site
grading or site improvements are proposed or are in progress, so as
to ensure the compliance with the provisions of this Chapter.
[R.O. 2011 §16.08.050; Prior Code §29-90; Ord. No. 6143 §1(part), 1997]
The City Council may grant a waiver or modification to the provisions
of this Chapter when a developer or subdivider of land can show that
a provision of this Chapter would cause unnecessary hardship if strictly
adhered to, and when, in the opinion of the City Council, such hardship
is due to conditions peculiar to the site. Any such waiver or modification
thus approved shall be entered in the minutes of the City Council
meeting, and the reasoning on which the waiver or modification was
justified shall be set forth. Approval of the waiver or modification
by the City Council shall be by ordinance, usually as part of the
ordinance approving the final plat of the subdivision.
[R.O. 2011 §16.08.060; Prior Code §29-91; Ord. No. 6143 §1(part), 1997]
The provisions of this Chapter may be amended from time to time
by ordinance. Amendments shall be made in accordance with the procedures
for "text amendments" as established in Article XIV of the Zoning
Code.
[R.O. 2011 §16.08.070; Prior Code §29-80; Ord. No. 6143 §1(part), 1997]
The schedule of fees is contained in Chapter 415. Such fees are in addition to any other fees required by other agencies or utility companies. No plat or improvement plan review shall be initiated, nor permits, waiver, or other actions required by this Chapter unless or until such applicable fees have been paid in full.
[R.O. 2011 §16.08.080; Prior Code §29-81.1; Ord. No. 6143 §1(part), 1997]
A.
Applicability.
1.
General. Grading, excavation or filling of any tract of land or portion thereof may be undertaken prior to the approval of all improvement plans required by Sections 405.270 through 405.310, subject to the issuance of a grading permit in accordance with this Section. A grading permit for a major subdivision shall not be issued until the preliminary plat of same has been approved in accordance with this Chapter. An applicant obtaining a grading permit prior to approval of all improvement plans shall accept all responsibility and liability for proceeding with grading, excavation or filling at that stage of the approval process.
2.
Permit required. Except as herein provided, no grading activities shall be commenced on any site without obtaining a grading permit from the Director of Public Works and Parks. A separate permit shall be required for each site, provided however, that one (1) permit may cover both the excavation and fill made from excavated materials. A grading permit application (available at the office of the Director of Public Works and Parks) shall be completed and filed with the Director of Public Works and Parks. The application shall be accompanied by two (2) copies of the information required under Section 405.280(C)(4).
3.
Exceptions. A grading permit shall not be required
in the following instances:
b.
Grading for the foundation or basement of any building, structure
or swimming pool for which a building permit has been duly issued;
c.
Grading by any public utility for the installation, inspection, repair
or replacement of any of its facilities;
d.
Grading of land for or by any governmental agency in connection with
a public improvement or public work on said land;
e.
Grading of less than five (5) cubic yards and/or one thousand (1,000)
square feet per acre, provided such grading is clearly incidental
to the improvement of property and does not affect drainage of adjacent
properties;
f.
Grading activities in a public right-of-way covered by an excavation
permit as provided for in this Code.
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The above exceptions shall not relieve any person or entity
from complying with the land development standards of this Chapter.
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B.
Permit Duration. No permit shall be issued for a period
which exceeds one hundred twenty (120) days unless a phased grading
plan is approved.
C.
DNR Land Disturbance Permit. If construction activities
disturb land or entails the grading of an area that is one (1) acre
or greater, or if that construction activity is part of a larger common
plan of development or sale that would disturb one (1) acre or greater,
a land disturbance permit shall be obtained from the Missouri Department
of Natural Resources. Under such circumstances, no grading permit
or improvement construction permit shall be issued by the Director
of Public Works and Parks until the applicant for either permit provides
evidence of the DNR land disturbance permit.
[Ord. No. 7058, 10-23-2017]
D.
Completion Deposit. The applicant shall guarantee the completion
of grading and long-term erosion control measures by depositing with
the City a cash amount equivalent to the cost of revegetation and
other long-term erosion control measures. Cost estimates for determining
such cash deposit shall be subject to the approval of the Director
of Public Works and Parks. The money so deposited shall be available
for and be used by the City:
1.
To repair any damage to sidewalks, curbs, gutters and/or streets
resulting from the grading activities or other activities incidental
to said grading activities;
2.
To pay the cost of removing dirt or mud from sidewalks, curbs, gutters
and/or streets if not promptly removed by the contractor, builder
or other person responsible for the grading activities;
3.
To pay the cost of removing paper, refuse, dirt or other waste which
is permitted to spread to other property, public or private, from
the site upon which such grading activity is taking place, if not
promptly removed by the contractor, builder or other person responsible
for the grading activities;
4.
To pay the cost of installing, restoring, reseeding or repairing
erosion/siltation control measures; or completion or alteration of
grading, if abandoned or not appropriately performed in accordance
with approved plans by the contractor, builder or other person responsible
for the grading activities.
E.
Inspections And Certifications.
1.
Inspections shall be made by the Director of Public Works and Parks
during each stage of grading operations. The contractor, builder,
or other person responsible for such grading operations shall notify
the Department of Public Works and Parks of the following stages:
2.
All compaction of fill shall be monitored and certified by a registered
soils engineer. A copy of such certification bearing the engineer's
seal shall be provided to the Director. It shall be the responsibility
of the developer to retain such soils engineer.
3.
The above requirements shall apply to any grading operations authorized
under a grading permit or a construction improvement permit.
F.
Delay Or Abandonment.
1.
If after grading, excavation or filling has been initiated on the tract and such activities are delayed or abandoned, as defined herein, then the developer shall implement long-term erosion control measures in accordance with the erosion/siltation control plan approved by the Director of Public Works and Parks. The erosion control plan may be adjusted to take into account the status of site grading and improvements, at such time the project is considered delayed or abandoned, so long as the requirements of Section 405.510 are complied with.
2.
A development project, for which a grading permit has been issued
and site clearing and grading has begun, shall be considered delayed
or abandoned if site work is substantially inactive for any one hundred
twenty (120) consecutive days.
G.
Procedures Upon Order To Complete Long-Term Erosion Control Measures.
1.
Written order. If the Director of Public Works and
Parks determines that a development project has been delayed or abandoned
as defined hereinabove, then the Director shall serve a written order
to the property owner and the person named on the grading permit,
if different, to complete long-term erosion control measures.
2.
Time limit for compliance. The order shall specify
a time limit for compliance with such order, which may take into account
the season of the year, and the nature of existing site conditions.
In no case shall the deadline for compliance be more than ninety (90)
days from the date of such order.
3.
Failure to comply with order. When a property owner
to whom an order is directed fails to comply within the specified
period of time, the Director of Public Works and Parks shall have
the authority to remedy the condition or contract with others for
such purpose and utilize the cash deposit to cover cost thereof.
4.
Special assessment. Any costs, over the amount of
the cash deposit, that are incurred in the performance of any remedial
action by the City, and any fines shall be billed to the owner of
the real property where such work was performed. If such bill is not
paid within thirty (30) days after forwarding a statement therefor
by the Director of Public Works and Parks, the costs shall be levied
against the subject property as a special assessment. The levying
of the assessment shall not affect the liability of the owner of property
where such work was performed. Such special assessment shall be certified
by the Director to the Director of Finance and shall thereupon become
and be a lien upon the property and shall be included in the next
tax bill rendered to the owner thereof unless paid before, and shall
be collected in the same manner as other taxes against the property.
5.
Refund. Any portion of the deposit not expended
or retained by the City hereunder shall be refunded when the grading
operation is completed and long-term erosion control measures are
completed to the satisfaction of the Director of Public Works and
Parks.
[R.O. 2011 §16.08.090; Prior Code §29-81.2; Ord. No. 6143 §1(part), 1997]
A.
Applicability. Prior to the construction of improvements
required under this Chapter, an improvement construction permit shall
be obtained in accordance with this Section.
B.
Issuance Of Improvement Construction Permit. An improvement
construction permit may be issued by the Director of Public Works
and Parks following approval of the improvement plans in accordance
with this Chapter.
[R.O. 2011 §16.08.100; Prior Code §29-82.4; Ord. No. 6143 §1(part), 1997]
A.
No
property description of any subdivision within the jurisdiction of
this Chapter shall be entitled to be recorded in the office of the
St. Louis County Recorder of Deeds or have any validity until it has
been approved in a manner prescribed in this Chapter. In the event
that any such unapproved property description is recorded, it shall
be considered invalid and the City Attorney may cause proceedings
to be instituted to have such plat or deed declared invalid.
B.
Any
person, firm, association or corporation violating any provision of
this Chapter, or any employee, assistant, agent, or any other person
participating or taking part in, joining, or aiding in a violation
of any provision of this Chapter may be prosecuted as provided by
law for the violation of ordinances of the City.
C.
Any
such person who, having been served with an order to remove any such
violation, fails to comply with the order within thirty (30) days
after such order, or continues to violate any provisions of the regulations
made under the authority of this Chapter in the respect named in such
order shall also be subject to a civil penalty of two hundred fifty
dollars ($250.00).
D.
In
addition to the penalties hereinabove authorized and established,
the City Attorney may take such other actions at law or in equity
as may be required to halt, terminate, remove, or otherwise eliminate
any violation of this Chapter.
