City of Grain Valley, MO
Jackson County
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Table of Contents
Table of Contents
[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.
[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:
CLEARING
Any activity which removes the vegetative surface cover.
DEPOSIT
Money placed with the City of Grain Valley.
DRAINAGE WAY
Any channel that conveys surface runoff throughout the site.
EROSION AND SEDIMENT CONTROL PLAN
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.
EROSION CONTROL
Measures that prevent erosion.
GRADING
Excavation or fill of material, including the resulting conditions thereof.
LAND DISTURBANCE PERMIT
Any permit issued by the municipality for which the construction or alteration of ground, improvements and structures for the control of erosion, runoff and grading.
LANDSCAPE CONTRACTOR
An individual who has received training in landscaping or erosion control and is licensed by the City.
PERIMETER CONTROL
A barrier that prevents sediment from leaving a site either by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
PERMIT HOLDER
The individual that applies and signs for the land disturbance permit.
PHASING
Clearing a parcel of land in distinct phases with the stabilization of each phase before the clearing of the next.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
SITE
A parcel of land or a contiguous combination thereof where grading work is performed as a single unified operation.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
START OF CONSTRUCTION
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.
WATERCOURSE
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.
WATERWAY
A channel that directs surface runoff to a watercourse or to the public storm drain.
WORKABLE PERIOD
Any scheduled weather-permitting workday.
[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 (2nd) 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 — Ord. 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.
[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.
C. 
All areas regardless of size that have been grubbed and cleared for a period of fifteen (15) days must be replanted with an accepted fast growing ground cover and be maintained so that the height does not violate the City of Grain Valley Weed Control Ordinance (Section 225.050 of this Code).
[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.
[Ord. No. 1452, 11-26-2001]
A. 
It is the responsibility of the City Engineer, Director of Community Services 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, Director of Community Services or his 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, Director of Community Services or his appointed representative to send and maintain all required written notices.
[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.
[Ord. No. 1452, 11-26-2001; Ord. No. 1723, 2-28-2005; Ord. No. 1934 §3, 12-27-2007]
A. 
First Violation.
1. 
The Director of Public Works 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.
B. 
Further Violations. Any further violation of any Section of this Chapter shall be punishable upon plea or finding of guilty as provided in Section 100.110 of Grain Valley Municipal Code. Every twenty-four (24) hour period the violation exists can be considered a separate violation.
[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 Grain Valley Municipal Code.
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.