[Ord. No. 424, 11-16-2009]
For the purpose of this Chapter, the following words and phrases shall have the following meanings.
DEBRIS OR SEDIMENT BASIN
A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, sediment, gravel, silt or other materials.
DIVERSION
A channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope.
EROSION
The wearing away of the land surface by the action of wind, water, ice or gravity.
EXCAVATION OR CUT
The removal, stripping or disturbance of soil, earth, sand, rock, gravel or other substance from the surface of the earth.
EXISTING GRADE
The vertical location of the existing ground surface before excavation or filling.
FEMA
The Federal Emergency Management Agency.
FILL OR FILLING
The placing of any soil, earth, sand, rock, gravel or other substance on the ground.
FINISHED GRADE
The final grade or elevation of the ground surface conforming to the proposed design.
GRADING
Any excavation or filling or combination thereof.
NATURAL WATERCOURSE
A channel formed in the existing surface topography of the earth before changes made by unnatural conditions.
OPEN CHANNEL
A constructed ditch or channel designed to remove water.
SEDIMENT
Solid material, mineral or organic, that has been moved by erosion and deposited in a location other than the point of origin.
SILT TRAPS OR FILTERS
Staked bales of straw or silt fencing systems that function as a filter and a velocity check to trap fine-grained sediment while allowing satisfactory passage of storm water runoff.
SITE
A lot or parcel of land, or a contiguous combination thereof, where grade work is performed as a single unified operation.
SITE DEVELOPMENT
Altering terrain and/or vegetation and constructing improvements.
SOIL AND WATER CONSERVATION DISTRICT (SWCD)
The Taney County Soil and Water Conservation District, a district organized to operate as a unit of government, functioning under Missouri law, to promote protection, maintenance, improvement and wise use of the soil and water within the County.
STREAM BANK, TOP OF EXISTING
The usual boundaries, not the flood boundaries, of a stream channel. The top of the natural incline bordering a stream.
WATERSHED
All that area drained by a waterway, drainage ditch stream or other watercourse.
[Ord. No. 424, 11-16-2009]
An applicant may apply to the Board of Aldermen for an exemption for a development involving one-half (½) acre or less, except where such one-half (½) acre or less is part of a larger development, except that the City Code shall apply to developments of one-half (½) acre or less when the designated official determines that an excessive sedimentation hazard exists.
[Ord. No. 424, 11-16-2009]
A. 
No area of land shall be excavated or graded except upon issuance of a land disturbance permit. Any person or entity proposing to develop land within the City shall apply to the Board of Aldermen for approval of a land disturbance permit.
B. 
All excavation, and grading shall comply with regulations of the Missouri Department of Natural Resources.
[Ord. No. 424, 11-16-2009]
A. 
Upon approval of a sediment and erosion control plan and before issuance of a land disturbance permit, the Board of Aldermen shall require the developer to post security of one hundred ten percent (110%) of the cost of all work to be done under the soil and erosion control plan, the proceeds of which may be used for reclamation or stabilization of the disturbed area or for completion of the project, at the sole discretion of the Board of Aldermen.
B. 
The Board of Aldermen, in its sole discretion, shall determine whether such security shall be:
1. 
A performance bond or surety bond issued by an insurance company licensed pursuant to the laws of the State of Missouri whose claims-paying ability is rated in the highest category by at least one (1) nationally recognized statistical agency. The bond shall be written on terms acceptable to the Board of Aldermen.
2. 
A cash bond.
3. 
Cash that shall be deposited and held by the City.
4. 
A certified check that shall be cashed and the proceeds deposited and held by the City.
5. 
An irrevocable standby letter of credit issued by a Federal Home Loan Bank with offices in Missouri, possessing the highest rating issued by at least one (1) nationally recognized statistical rating agency. The letter of credit shall be written on terms acceptable to the Board of Aldermen and shall contain as assurance that the letter of credit will be automatically renewed or replaced by the issuing bank upon expiration, until such time as the letter of credit is released by the City.
[Ord. No. 424, 11-16-2009]
A. 
Contents Of Sediment And Erosion Control Plan. Grading plans for grading operations, site plans, preliminary plat of subdivision improvement plan shall include the following information:
1. 
A sediment and erosion control plan shall be submitted and shall include two (2) sets of maps and plans with specifications showing proposed excavation, grading or filling and will include the following.
a. 
Full name and address of property owner.
b. 
Designation of property address.
c. 
Portion of the property that is to be excavated, graded or filled with excavated material.
d. 
Location of any sewer disposal system or underground utility line, any part of which is within fifty (50) feet of the proposed excavation, grading or fill area, and the location of any gas transmission pipeline operated at a maximum service pressure in excess of two hundred (200) p.s.i.g., any part of which is within one hundred (100) feet of the proposed grading or filling area.
e. 
Existing grade and topography of the premise, and the proposed finish grade and final finish grade and final contour elevation, at a contour interval of not more than two (2) feet.
f. 
Location and present status of any current or prior grading operations on the property.
g. 
Details of any drainage proposed to be installed and maintained by the applicant and a comprehensive drainage plan designed to safely handle surface water, streams or other natural drains (including sinkholes) following heavy rains during grading operations.
h. 
Details of any proposed water impoundment structures, embankments, debris basins, grass or lined waterways and diversions with the details and locations of proposed stable outlets.
i. 
Details of soil preparation and re-vegetation of the finished grade and of other methods of erosion control.
j. 
Proposed truck and equipment access ways to work.
k. 
Delineation of 100-year flood plain.
l. 
A statement from property owner or his agent assuming full responsibility for the performance of the operation as stated in the application. The statement shall contain assurance that all City roads will be adequately protected and/or repaired. If damaged, the Board of Aldermen may discretionarily require security to protect City roads or public roads.
m. 
The security shall be as required under bond requirements.
2. 
The proposed phasing of development of the site, including clearing, rough grading and construction, and final grading and landscaping should identify:
a. 
The expected date on which clearing will begin,
b. 
The estimated duration of exposure of cleared areas,
c. 
The sequence of clearing,
d. 
Installation of temporary sediment control measures,
e. 
Establishment of storm drainage,
f. 
Paving streets and parking areas,
g. 
Establishment of temporary and permanent vegetative control, and
h. 
Establishment of permanent retaining walls.
3. 
The Board of Aldermen may waive specific requirements for the content of submissions upon finding that the information submitted is sufficient to show that the work will comply with the objective and principles of this Chapter.
[Ord. No. 424, 11-16-2009]
A. 
A non-agricultural grading operation or a final plat of a subdivision shall not be approved unless the preliminary plat and erosion and sediment control plans indicate that measures to be taken will meet erosion control standards. Permit approval or disapproval will be indicated with thirty (30) days of erosion and sediment control plan hearing by the Board of Aldermen.
B. 
Conservation District Comments.
1. 
When a plan is submitted, the Taney County Soil and Water Conservation District may make comments and recommendations.
2. 
All such comments and recommendations shall be made within fifteen (15) days of receipt of the Taney County Soil and Water Conservation District.
3. 
Such comments may pertain, but need not be limited, to:
a. 
Erosion and sediment control,
b. 
Soil use limitations,
c. 
Environmental considerations,
d. 
Drainage and flooding.
[Ord. No. 424, 11-16-2009]
A. 
All excavations, grading or filling shall have a finished grade not to exceed a 3:1 slope (33%).
1. 
Steeper grades may be approved if the excavation is through rock or the excavation or fill is protected (a designed head wall or toe wall may be required).
2. 
Retaining walls that exceed a height of four (4) feet shall require the construction of safety guards as identified by the City Engineer/Inspector.
B. 
Grading plans for sites shall provide for sediment or debris basins, silt traps or filters, staked straw bales or a combination of these measures to remove sediment from runoff waters.
1. 
Temporary siltation control measures shall be designed to assure that the sediment is not transported from the site by a storm event of a ten (10) year frequency (5.7 inches in twenty-four (24) hours).
2. 
Temporary siltation control measures (structural) shall be maintained until vegetation cover is established at a sufficient density to provide erosion control on the site.
C. 
Where natural vegetation is removed during grading, vegetation shall be re-established in such a density as to prevent erosion.
1. 
Permanent type grasses shall be established as soon as possible or during the next seeding period after grading has been completed.
D. 
When grading operations are completed or suspended for more than thirty (30) days between permanent grass seeding periods, temporary cover shall be provided.
1. 
All finished grades (areas not to be disturbed by future improvements) in excess of twenty percent (20%) slopes (5:1) shall be mulched at the rate of one hundred (100) pounds per thousand (1,000) square feet when seeded.
E. 
Provisions shall be made to accommodate the increased runoff caused by changed soil and surface conditions during and after grading.
1. 
Un-vegetated open channels shall be designed so that gradients results in velocities of two (2) fps (feet per second) or less.
2. 
Velocities in permanently vegetated channels shall not exceed five (5) fps.
3. 
Un-vegetated open channels with velocities more than two (2) fps and less than five (5) fps shall be established in permanent vegetation by use of commercial erosion control blankets or lined with rock riprap or concrete or other suitable materials approved by the City Engineer/Inspector.
F. 
The adjoining ground to development sites (lots) shall be provided with protection from accelerated and increased surface water, silt from erosion and any other consequences of erosion.
1. 
Runoff water from developed areas (parking lots, paved sites and buildings) to be developed shall be directed to diversions, detention basins, concrete gutter and/or underground outlet systems.
2. 
Sufficiently anchored straw bales may be submitted with other materials with the approval of the City Engineer/Inspector.
G. 
Development along natural watercourses shall have residential building lines, commercial or industrial improvements, parking areas or driveways set back a minimum of twenty-five (25) feet from the top of the existing stream bank.
1. 
Permanent vegetation should be left intact.
2. 
Approval may require stream bank erosion control measures.
3. 
FEMA guidelines shall be followed where applicable regarding site development in flood plains.
H. 
All lots shall be seeded and mulched or sodded before an occupancy permit is issued except that a temporary occupancy permit may be issued in cases of undue hardship because of unfavorable ground conditions.
[Ord. No. 424, 11-16-2009]
Notwithstanding any other provision of this Chapter or any other ordinance heretofore enacted, no person may place fill on or over any easement, except with express written permission from the City Superintendent.
[Ord. No. 424, 11-16-2009]
A. 
The provisions of this Chapter shall supersede the provisions of the International Building Code, 2006 Edition, Appendix J.
B. 
The International Building Code, 2006 Edition, Appendix J, Section J103.2 is amended to provide that an applicant may apply to the City Superintendent for an exemption set out in said Section.
C. 
The International Building Code, 2006 Edition, Appendix J, Section J103.2.5 is amended to strike the word and character "wells, or", so that said Subsection reads "Excavations for trenches for utilities".
[Ord. No. 424, 11-16-2009]
A. 
Inspections. By applying for a land disturbance permit, the applicant consents to inspection of the proposed development site and all work in progress.
B. 
Corrections. All violations shall be corrected within fifty (50) days and/or within the time limit set forth by the City Inspector specified in the issuance of a written notice to correct. All persons or entities failing to comply with such notice shall be deemed in violation of this Chapter.
C. 
Violations. In the event of a regulation violation, any security deemed necessary by the City in accordance to this Chapter may be used by the City to complete the planned sediment and erosion control practices or to reclaim the disturbed area to a vegetative state.
D. 
Penalties And Civil Enforcement.
1. 
Conduct declared unlawful. The following conduct is hereby declared to be unlawful:
a. 
Violation of any provision of this Chapter or of any regulation adopted pursuant to authority conferred by it.
b. 
Failure to comply with the provisions, requirements, conditions or standards contained in any approved site plan, grading plan or clearing plan or in any special permit, occupancy permit, variance or certificate of appropriateness.
c. 
Procurement of any amendment or any required permit, certificate or approval through misrepresentation of any material fact.
2. 
Penalties. Any person or entity that willfully engages in any conduct made unlawful by this Chapter shall be deemed guilty of a City ordinance violation and, upon conviction thereof, be fined not less than fifty (50) dollars or more than five hundred (500) dollars for each such offense. Each day such violation continues constitutes a separate offense.
3. 
Civil enforcement. In case any land, building or improvement is or proposed to be used, altered or maintained in violation of this Chapter or if any person, firm or corporation is engaging in conduct declared unlawful by Subsection (D)(1) above, the City Inspector or any adjacent or any neighboring property owner that would be specially damaged by such violator or unlawful conduct, in addition to the penalties and remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action, actions, proceeding or proceedings to prevent, enjoin or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.
4. 
Stop order. Suspension and revocation of plans, permits, certificates, approvals and variance.
a. 
Except as otherwise specifically provided in this Chapter, the City Inspector may, upon finding that any person is or has been engaging in conduct declared unlawful by Subsection (D)(1), issue an order directing such person to stop engaging in such conduct.
(1) 
The issuance of a stop order shall suspend the effect of any approval, permit, plan, variance or certificate previously issued that relates to the property, premise, structure or activity that is subject to the stop order, until such time as the stop order is withdrawn by the City Inspector or is stayed by an appeal to the Board of Aldermen.
b. 
Except as otherwise specifically provided in this Chapter, the City Inspector may, upon finding that any person is or has been engaging in conduct declared unlawful by Subsection (D)(1), the City Inspector may revoke any permit or certificate previously issued by him or her.
[Ord. No. 424, 11-16-2009]
Vegetative Establishment Requirements
Seeding Rates
Broadcast
Drilled
Sodded
Tall Fescue
30 lbs./ac.
25 lbs./ac.
solid
Kentucky Bluegrass
3 lbs./ac.
2 lbs./ac.
solid
Red Fescue
10 lbs./ac.
7 lbs./ac.
Wheat or Rye
120 lbs./ac.
100 lbs./ac.
Annual Ryegrass
100 lbs./ac.
100 lbs./ac.
Seeding dates: Perennial grasses March 1 to May 15 or August 15 to October 15.
Temporary cover May 15 to November 15
Mulch Rates
Wheat Straw
100 lbs. Per 1,000 sq. ft. (4,500 lbs./ac.)
Fertilizer Rates
Nitrogen
90 lbs./ac.
Phosphate
90 lbs./ac.
Potassium
90 lbs./ac.
Lime
1,500 lbs./ac. ENM (Effective Neutralizing Material as per State evaluation of quarried rock)