[R.O. 1996 § 501.010; Ord. No. 1452, 11-26-2001]
The purpose of this local regulation
is to safeguard persons, protect property, prevent damage to the environment
and promote the public welfare by guiding, regulating and controlling
the design, construction, use and maintenance of any development or
other activity which disturbs or breaks the topsoil or results in
the movement of earth on land in the City of Grain Valley.
[R.O. 1996 § 501.020; Ord. No. 1452, 11-26-2001; Ord. No. 1934 §§ 1 — 3, 12-12-2007; Ord. No. 1934 § 3, 12-27-2007]
As used in this Chapter, the following
terms shall have these prescribed meanings:
Any activity which removes the vegetative surface cover.
Money placed with the City of Grain Valley.
A basin or structure to temporarily store stormwater runoff
with the goal of controlling peak discharge and pollutants.
[Ord. No. 2578, 2-14-2022]
Any channel that conveys surface runoff throughout the site.
A manual published by the City of Grain Valley that provides
minimum standards for design of public infrastructure facilities as
undated[1] from time to time.
[Ord. No. 2578, 2-14-2022]
A set of plans prepared by or under the direction of a licensed
professional engineer indicating the specific measures and sequencing
to be used controlling sediment and erosion on a development site
both before, during and after construction.
Measures that prevent erosion.
Excavation or fill of material, including the resulting conditions
thereof.
Any permit issued by the municipality for sites under one
(1) acre or the Missouri Department of Natural Resources for sites
exceeding one (1) for which the construction or alteration of ground
improvements and structures for the control of erosion, runoff, and
grading.
[Ord. No. 2578, 2-14-2022]
An individual who has received training in landscaping or
erosion control and is licensed by the City.
A barrier that prevents sediment from leaving a site either
by filtering sediment-laden runoff or diverting it to a sediment trap
or basin.
The individual that applies and signs for the land disturbance
permit.
Clearing a parcel of land in distinct phases with the stabilization
of each phase before the clearing of the next.
Measures that prevent eroded sediment from leaving the site.
A parcel of land or a contiguous combination thereof where
grading work is performed as a single unified operation.
The use of practices that prevent exposed soil from eroding.
The first land-disturbing activity associated with a development,
including land preparation such as, but not limited to, clearing,
grading and filling; installation of streets and walkways; excavation
for basements, footings, piers or foundations; erection of temporary
forms and installation of accessory buildings such as garages.
Any body of water, including, but not limited to, lakes,
ponds, rivers, streams and bodies of water, which is delineated by
local, State or Federal governments.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
Any scheduled weather-permitting workday.
[1]
Editor's Note: So in original.
[R.O. 1996 § 501.030; Ord. No. 1452, 11-26-2001]
A.
A land disturbance permit is required when
any land-disturbing activity is occurring on or before start of construction
(grading, grubbing, etc.) on any parcel of land larger than six thousand
five hundred (6,500) square feet.
B.
The person applying for the issuance of
a land disturbance permit shall be the owner/developer and shall be
known as the permit holder.
C.
On any development the initial permit will
be issued to the owner/developer. As the lots are sold, the responsibility
of erosion control becomes the new property owner's. It is the responsibility
of the new owner to notify the City of Grain Valley of the sale in
writing. The notice of sale will become the land disturbance permit
after the payment of the appropriate fee.
D.
If the new property owner fails to notify
the City of Grain Valley, after an investigation, the deposit for
the land disturbance permit will be double.
E.
A land disturbance permit is not transferable
from the project it is issued for.
F.
The application for a land disturbance
permit areas over one (1) acre shall include owner/developer's name,
address, a twenty-four (24) hour phone number, a second contact and
phone number, project size in acres or square feet, project start
and projected finish date, a map of the area which should include
contour lines, all lakes, ponds or streams and surrounding properties,
an erosion control plan stamped by a registered engineer or landscape
architect.
[1]
Editor's Note: Ordinance No. 1934 § 3,
adopted December 27, 2007, repealed Section 501.040, Deposits. Former
Section 501.040 derived from Ord. No. 1452, 11-26-2001; Ord. No. 1723,
2-28-2005.
[R.O. 1996 § 501.050; Ord. No. 1452, 11-26-2001]
A.
Areas Over One (1) Acre. The design of
the erosion control plan will follow criteria provided in the State
of Missouri DNR Design Manual and conform to good general engineering
practices.
B.
Areas Less Then One (1) Acre.
1.
All areas this size or smaller must
maintain one hundred percent (100%) erosion control coverage on any
downhill slopes at the property lines. Means to slow the flow of stormwater
and stop the flow of silt will be required by silt fencing, silt trenches
or straw bales.
2.
One (1) gravel entrance will be required
to be installed at each lot entrance for construction traffic.
[R.O. 1996 § 501.060; Ord. No. 1452, 11-26-2001]
A.
It is the responsibility of the permit
holder to maintain all elements of the erosion control plan approved
by the City of Grain Valley. No inspections will be done if erosion
control is not in place or maintained.
B.
It is the responsibility of the permit
holder to keep the tracking of mud, dirt and rock onto public streets
to a minimum.
C.
It is the responsibility of the permit
holder to clean all dirt, mud or rock from public streets as a result
of vehicle movement and/or failure of the erosion control plan or
materials.
D.
For large development sites as required by the City, it shall be
the responsibility of the permit holder to provide inspections at
least once per week and within twenty-four (24) hours of rain events
exceeding one (1) inch of rainfall. Copies of inspection reports shall
be provided to the City.
[Ord. No. 2578, 2-14-2022]
[R.O. 1996 § 501.070; Ord. No. 1452, 11-26-2001]
A.
It is the responsibility of the City Engineer
or his/her appointed representative or appointed representative to
effectively enforce the requirements of this Chapter.
B.
If, upon a drive-by inspection, construction
inspection or complaint inspection the City Engineer or his/her appointed
representative observes a violation, he/she must immediately notify
the permit holder, take photographs, create and maintain a written
record of violations.
C.
It is the responsibility of the City Engineer
or his/her appointed representative to send and maintain all required
written notices.
[R.O. 1996 § 501.080; Ord. No. 1452, 11-26-2001]
When a violation is deemed to be extreme or a threat to public safety by the City Engineer or his appointed representative, the violation will be ordered abated by City staff or a licensed landscaping contractor. Payment for services plus a two hundred dollar ($200.00) processing fee will be reimbursed to the City of Grain Valley by the permit holder. No work shall be done until the permit holder has reimbursed or made arrangements to reimburse the City of Grain Valley. The violation(s) covered in this Section shall apply to violations and penalties listed in Section 501.090 of this Chapter.
[R.O. 1996 § 501.090; Ord. No. 1452, 11-26-2001; Ord. No. 1723, 2-28-2005; Ord. No. 1934 § 3, 12-27-2007]
A.
First Violation.
1.
The City Engineer, Community Development Director
or their designee may take any or all of the following actions: issue
a stop-work order; discontinue all inspections for any site contributing
to the violation; withhold certificate(s) of occupancy, including
temporary certificates of occupancy(s) or issue a citation for any
site contributing to the violation. City staff may order City erosion
control contractor to install any and all measures to bring erosion
control into compliance with this Chapter. Permit holder will be required
to pay the City's actual and administrative costs incurred while correcting
erosion control deficiencies.
[R.O. 1996 § 501.100; Ord. No. 1452, 11-26-2001]
A.
Failure to comply with a "stop or suspend work order" given in accordance with this Chapter shall be punishable upon plea or finding of guilty as provided in Section 100.110 of the Code of the City of Grain Valley.
B.
Summons for violating a stop or suspend
work order issued in accordance with this Chapter may be issued to
the individuals performing work and/or the permit holder.
[Ord. No. 2578, 2-14-2022]
A.
Except
as expressly provided herein for the public portion of the stormwater
system, the developer and its successors and assigns, including the
homeowners/property owners association, shall at all times adequately
maintain the stormwater management system and BMP facilities as approved
for the development in the approved plans. The facilities shall include
all pipes and channels built to convey stormwater to the BMP facilities
as well as all structures, improvements and vegetation provided to
control the quantity and quality of stormwater runoff. "Adequate maintenance"
is herein defined as maintained in good working condition so that
the stormwater management system and the BMP facilities fully and
completely perform and function as designed and do not adversely affect
other elements of the overall stormwater system.
B.
In
the event that the developer, homeowners/property owners association
or successor owner or association fail to maintain the stormwater
facilities adequately, the Community Development Director, City Engineer
or their designee shall provide written notice of required maintenance
and provide thirty (30) days in which to complete said maintenance.
Notice required herein shall be made to all property owners to the
extent practicable.
C.
In
the event of failure of the owner, developer, or association to comply
and complete the required maintenance, abatement by the City shall
be authorized. Upon completion of the abatement, the Community Development
Director or City Engineer shall certify all costs of such abatement,
including enforcement and expenses of staff time incurred in the remediation
of the deficiency, to the City Clerk. The City Clerk shall cause a
special tax bill to be collected by the Collector therefor or add
the cost thereof to the annual real estate tax bill to be assessed
proportionally against all lots and lot owners within the development
in equal amount per individual lot owner. The amount caused by the
City Clerk to be assessed shall be a lien against all lots in the
development. Each special tax bill shall be issued by the City Clerk
and delivered to the Collector on or before the first day of June
of each ear. Such tax bills, if not paid when due, shall bear interest
at the rate of eight percent (8%) per annum.
