[R.O. 2003 §405.350; Ord. No. 734 §3, 7-7-2005]
A.
Soil is most vulnerable to erosion by wind and water during the construction
process. Eroded soil endangers water resources by reducing water quality
and causing the siltation of aquatic habitat for fish and other desirable
species. Eroded soil also necessitates repair of sewers and ditches
and the dredging of lakes. Clearing and grading during construction
causes the loss of native vegetation necessary for terrestrial and
aquatic habitat and a healthy living environment for the citizens
of Buckner.
B.
The purpose of this local regulation is to safeguard persons, protect
property, prevent damage to the environment and promote the public
welfare by effectively minimizing soil erosion and sedimentation during
land development, building, landscaping or any other type of land
disturbance in the City of Buckner. Further, it provides builders,
developers and property owners with soil erosion and sedimentation
control standards and regulations.
C.
Facilitation of the regulations and standards contained herein shall
accomplish the following:
1.
Establish standards for soil erosion and sediment control.
2.
Minimize soil erosion and sedimentation during land development,
building, landscaping or other land-disturbing activities.
3.
Minimize pollution of streams, ponds and lakes.
4.
Encourage management of natural resources.
5.
Preserve the beauty of the community and the value of land.
6.
Reduce maintenance costs of public and private improvements
and services.
7.
Promote and protect the public's health, safety, comfort
and welfare.
[R.O. 2003 §405.360; Ord. No. 734 §3, 7-7-2005]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Any person requesting approval of any application pursuant
to this Chapter and the Erosion and Sediment Control Manual.
American Public Works Association.
Sections 2100, 2150, 3100 and 5100 of the Kansas City Metropolitan
Chapter of the APWA Standards, Specifications and Design Criteria
manual, latest edition.
Any activity which removes the vegetative surface cover.
Any channel that conveys surface runoff throughout the site.
The wearing away of the land surface by the action of wind,
water or gravity.
A permit issued by the City of Buckner for the construction
or alteration of ground, including improvements and structures for
the control of erosion, runoff and grading.
A set of plans prepared by or under the direction of a licensed
professional engineer or a certified professional in erosion and sediment
control indicating the specific measures and sequencing to be used
controlling sediment and erosion on a development site before, during
and after construction.
Measures that prevent erosion.
Excavation or fill of material, including the resulting conditions
thereof.
Grass, sod or ground cover sufficient to prevent erosion.
Clearing a parcel of land in distinct phases, with the stabilization
of each phase before the clearing of the next.
Solid material moved by erosion and deposited away from its
point of origin.
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.
Altering terrain, vegetation and/or constructing improvements.
A permit issued by the municipality for the construction
or alteration of ground, including improvements and structures for
the control of erosion, runoff and grading.
The use of practices that prevent exposed soil from eroding.
The first land-disturbing activity associated with a development,
including land preparation such as 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.
The top of the natural incline bordering a stream.
Any activity by which the vegetative cover is removed or
significantly disturbed, including tree removal, clearing, grubbing
and storage or removal of topsoil.
Any grasses, shrubs, trees and other vegetation that protects
and stabilizes soils.
Any body of water including, but not limited to, lakes, ponds,
rivers, streams and bodies of water which are delineated by the City
of Buckner.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
[R.O. 2003 §405.370; Ord. No. 734 §3, 7-7-2005]
The City shall require preservation of natural features which
add value to the proposed subdivision and to the community at large,
such as large trees or groves of trees, watercourses, historic features,
wildlife habitats and environmental areas and similar irreplaceable
community assets. The location, nature and extent of such features
shall be identified in the initial procedures and preliminary plat
stages and shall be made a part of the subsequent plats to the greatest
possible extent. The preservation or inclusion of such features shall
be made a condition of approval of the final plat. Adequate access
to such areas shall be provided in all adjacent platting.
[R.O. 2003 §405.380; Ord. No. 734 §3, 7-7-2005]
A.
No person, firm or corporation may develop, landscape or disturb
land without the issuance of a site development permit by the Building
Official and the approval of an erosion and sediment control plan
by the City Engineer.
B.
No site development permit is required for the following activities:
C.
Each application shall bear the name(s) and address(es) of the owner
or developer of the site and of any consulting firm retained by the
applicant together with the name of the applicant's principal
contact at such firm and shall be accompanied by a filing fee. The
amount of the fee shall be established by the governing body by resolution
or ordinance.
D.
The issuance of a permit shall constitute authorization to do only
that work described or shown on the approved plan. Each application
shall include a statement that any land clearing, construction or
development involving the movement of earth shall be in accordance
with the erosion and sediment control plan.
E.
The permit shall be valid from the time that it is issued until a
final certificate of occupancy or completion certificate has been
issued. A final certificate of occupancy or a completion certificate
will not be issued until the site is stabilized and erosion and sediment
control measures are no longer necessary. The site will be considered
stabilized when perennial vegetation, pavement, buildings or structures
using permanent materials cover all areas that have been disturbed.
F.
Occupancy permits will not be issued until final grading has been
completed and lots have been seeded and mulched or sodded. When conditions
prevent ground cover from being established, an occupancy permit may
be issued by submitting an escrow deposit sufficient to guarantee
completion.
G.
If the permittee sells the property before the expiration of the
permit, the permit may be assigned to the new owner of the site if
the assignment is approved in writing by the Building Official, provided
that the permittee shall remain responsible for compliance with the
permit until a final certificate of occupancy is issued or a completion
certificate is issued.
H.
If the permittee sells any portion of the property before the expiration
of the permit, the permittee will remain responsible for that portion
of the property until the new owners of the property, with respect
to property covered by a permit, make all submissions required to
obtain a new site development permit.
I.
The applicant will be required to file with the City of Buckner a
faithful performance bond or bonds, letter of credit in an amount
deemed sufficient by the City Administrator to cover all costs of
improvements, landscaping and maintenance of improvements for such
period as specified by the City of Buckner and engineering and inspection
costs to cover the cost of failure or repair of improvements installed
on the site.
J.
Review And Approval.
1.
The City Engineer will review each application for a site development
permit to determine its conformance with the provisions of this local
regulation. Within thirty (30) days after receiving an application,
the City Engineer shall, in writing:
a.
Approve the permit application;
b.
Approve the permit application subject to such reasonable conditions
as may be necessary to secure substantially the objectives of this
regulation and issue the permit subject to these conditions; or
c.
Disapprove the permit application, indicating the deficiencies
and the procedure for submitting a revised application and/or submission.
2.
Failure of the City Engineer to act on original or revised applications
within thirty (30) days of receipt shall authorize the applicant to
proceed in accordance with the plans as filed unless such time is
extended by agreement between the applicant and the City Engineer.
Pending preparation and approval of a revised plan, development activities
shall be allowed to proceed in accordance with conditions established
by the City Engineer.
K.
Permit Fee. The Building Official shall charge a
filing fee of one hundred dollars ($100.00) to be paid to the office
of the City Clerk.
[R.O. 2003 §405.390; Ord. No. 734 §3, 7-7-2005]
A.
The erosion and sedimentation control plan must be prepared and certified
by a professional engineer or a certified professional in erosion
and sediment control on behalf of the developer and must outline the
measures he/she will take to ensure soil and sediment is contained
on the development site.
B.
The erosion and sediment control plan shall include:
1.
The property owner's name, address and telephone number.
2.
A natural resources map, at a scale no smaller than one (1)
inch equals one hundred (100) feet, identifying the location; soils;
forest cover; the surrounding area's watercourses, water bodies
and other significant geographic and natural features; and resources
protected under other Chapters of this Code.
3.
A map at a scale of one (1) inch equals fifty (50) feet of the
site showing proposed excavation, grading or filling.
4.
Existing and proposed contours at two-foot intervals on USGS
datum, clearing limits and delineation of one-hundred-year floodplain
and floodway.
5.
A sequence of construction of the development site, including
stripping and clearing; rough grading; construction of utilities,
infrastructure and buildings; final grading and landscaping; and removal
of temporary erosion control devices. Sequencing shall identify the
expected date on which clearing will begin, the estimated duration
of exposure of cleared areas and the sequence of clearing, installation
of temporary erosion and sediment measures, installation of storm
drainage, paving of streets and parking areas and establishment of
permanent vegetation.
6.
All erosion and sediment control measures necessary to meet
the objectives of this local regulation throughout all phases of construction
and permanently after completion of development of the site. Depending
upon the complexity of the project, the drafting of intermediate plans
may be required at the close of each season.
7.
Seeding mixtures and rates, types of sod, method of seedbed
preparation, expected seeding dates, type and rate of lime and fertilizer
application and kind and quantity of mulching for both temporary and
permanent vegetative control measures.
8.
Provisions for maintenance of control facilities, including
easements and estimates of the cost of maintenance.
9.
Location of proposed and existing utility lines.
10.
Details of temporary drainage system to direct stormwater runoff
from graded portions of the site and details of the permanent drainage
plan.
11.
Temporary access routes.
12.
Any additional items indicated in the APWA Erosion and Sediment
Control Specifications and Design Criteria.
13.
The signature and seal of a professional engineer or a certified
professional in erosion and sediment control.
C.
Additional information or data may be required as deemed appropriate
by the City Engineer. Requirements for maps, plans, reports or drawing
may be waived if the City Engineer finds that the otherwise submitted
information is sufficient to show that the proposed work will conform
to the erosion and sediment control requirements.
D.
Additional erosion and sedimentation control measures may be imposed
by the City Engineer.
E.
Modifications To The Plan.
1.
Major amendments of the erosion and sediment control plan shall
be submitted to the City Engineer and shall be processed and approved
or disapproved in the same manner as the original plans.
2.
Field modifications of a minor nature may be authorized by the
City Engineer by written authorization to the permittee.
[R.O. 2003 §405.400; Ord. No. 734 §3, 7-7-2005]
A.
Grading, erosion control practices, sediment control practices, waterway
crossings and construction site access shall meet the design criteria
set forth in the most recent version of the APWA Erosion and Sediment
Control Specifications and Design Criteria and shall be adequate to
prevent transportation of sediment from the site to the satisfaction
of the City Engineer.
B.
Clearing And Grading.
1.
Clearing and grading of natural resources, such as forests and
wetlands, shall not be permitted, except when in compliance with all
other Chapters of this Code.
2.
Phasing shall be required on all sites disturbing greater than
thirty (30) acres, with the size of each phase to be established in
the erosion and sediment control plan.
3.
Clearing, except that necessary to establish sediment control
devices, shall not begin until all sediment control devices have been
installed and have been stabilized.
C.
Erosion Control.
1.
Graded areas must be revegetated immediately.
2.
Where natural vegetation is removed during grading, revegetation
of the site shall be initiated immediately following the initiation
of grading work. Vegetation in sufficient density to provide effective
erosion control must be reestablished within thirty (30) days following
completion of grading work.
3.
If vegetative erosion control methods, such as seeding, have
not become established within two (2) weeks, the City Engineer may
require that the site be reseeded or that a non-vegetative option
be employed.
D.
Sediment Controls. Erosion and sediment control
measures shall be initiated prior to any land disturbance and shall
be maintained until vegetative cover is established at a sufficient
density to provide erosion control on the site.
E.
Waterways And Watercourses.
1.
Buildings, decks, patios, parking lots and other improvements
shall be set back a minimum of fifty (50) feet from the top of existing
stream banks.
2.
When a wet watercourse must be crossed regularly during construction,
a temporary stream crossing shall be provided and an approval obtained
from the City Engineer.
[R.O. 2003 §405.410; Ord. No. 734 §3, 7-7-2005]
A.
No activities are permitted that cause mud, soil, earth, sand, gravel,
rock, stone, concrete, building materials or other materials to be
deposited on public streets. Trucks and other construction equipment
should be cleaned on site to prevent mud from being deposited on public
streets. Other measures may be required at the discretion of the Building
Official in order to ensure that sediment is not tracked onto public
streets by construction vehicles or washed into storm drains.
B.
If mud, material or debris is deposited on a public or private street,
the responsible party shall abate the violation immediately.
C.
If the violation is not abated within four (4) hours, a stop-work
order shall be posted and the City will cause the violation to be
abated at property owner's expense. The City may also initiate
legal action in Municipal Court.
[R.O. 2003 §405.420; Ord. No. 734 §3, 7-7-2005]
A.
By submitting a development plan or applying for a building permit,
the applicant consents to inspections of the proposed development
site and all work in progress. The Building Official or his/her designated
representative shall enter the property of the applicant as deemed
necessary to make regular inspections to ensure the validity of the
reports filed.
B.
A copy of the permit must be available on the site for inspection
by authorized representatives of the City of Buckner.
C.
The Building Official or his/her designated representative shall
make inspection at its discretion and shall notify the permittee wherein
the work fails to comply with the erosion and sediment control plan
as approved. Plans for grading, stripping, excavating and filling
work bearing the stamp of approval of the Building Official or his/her
designated representative shall be maintained at the site during the
progress of the work. In order to obtain inspections, the permittee
shall notify the Building Official or his/her designated representative
at least two (2) working days before the following:
1.
Start of construction.
2.
Erosion and sediment control measures are in place and stabilized.
3.
Site clearing has been completed.
4.
Rough grading has been completed.
5.
Final grading has been completed.
6.
Close of the construction season.
7.
Removal or substantial modification of any erosion and sediment
control measure or practice.
8.
Final landscaping.
D.
The permittee or his/her agent shall make regular inspections of
all control measures in accordance with the inspection schedule outlined
on the approved erosion and sediment control plan(s). The purpose
of such inspections will be to determine the overall effectiveness
of the control plan and the need for additional control measures.
All inspections shall be documented in written form and submitted
to the Building Official or his/her designated representative at the
time interval specified in the approved permit.
E.
In the event work does not conform to the permit or conditions of
approval or to the approved plan or to any instructions of the City
of Buckner, notice to comply shall be given to the permittee. After
a notice to comply is given, the permittee or the permittee's
contractor(s) shall be required to make the corrections within the
time period determined by the City of Buckner. If an imminent hazard
exists, the City of Buckner shall require that the corrective work
begin immediately.
[R.O. 2003 §405.430; Ord. No. 734 §3, 7-7-2005]
A.
In the event that any person holding a site development permit pursuant
to this Chapter violates the terms of the permit or implements site
development in such a manner as to materially adversely affect the
health, welfare or safety of persons residing or working in the neighborhood
or development site so as to be materially detrimental to the public
welfare or injurious to property or improvements in the neighborhood,
the Building Official or his/her designated representative may suspend
or revoke the site development permit and issue a stop-work order.
B.
For the purposes of this Section, a stop-work order is validly posted
by posting a copy of the stop-work order on the site of the land-disturbance
activity in reasonable proximity to a location where the land-disturbance
activity is taking place. A copy of the order, in the case of work
for which there is a permit, shall be mailed by first class mail,
postage prepaid, to the address listed by the permittee on the permit.
In the case of work for which there is no permit, a copy of the order
shall be mailed to the person listed as the owner of the property
on records filed with the Jackson County Assessor's office.
C.
No person is permitted to continue or permit the continuance of work
in an area covered by a stop-work order, except work required to correct
deficiencies with respect to an erosion or sediment control measure.
D.
Ten (10) working days after posting a stop-work order, the Building
Official or his/her designated representative, if the conditions specified
in the stop-work order to resume work have not been satisfied, may
issue a notice to the permittee, owner or land user of the City of
Buckner's intent to perform work necessary to comply with this
regulation. The City of Buckner may go on the land and commence work
after fourteen (14) working days from issuing the notice of intent.
The costs incurred by the City of Buckner to perform this work shall
be paid by the owner or permittee.
[R.O. 2003 §405.440; Ord. No. 734 §3, 7-7-2005]
During the construction of infrastructure the developer shall
insure that soil does not erode into City drains or onto any other
property; this restriction shall include development areas that are
not in the current phase of construction but where the vegetation
and soil have been disturbed; in general, developers shall take all
steps necessary to prevent soil erosion from any part of their property
where the original site vegetation has been removed or soil-disturbing
activities have taken place. All new houses built in subdivisions
of Buckner, Missouri, shall have the topsoil of their respective yards
redistributed and sodded or seeded and the builder and/or homeowner
shall take steps necessary to prevent soil erosion from lots on which
they are building or living in a finished structure.
