[Ord. No. 961 §1, 1-9-2008]
A. 
City Engineer — General. The City Engineer shall make inspections as herein required and shall either approve that portion of the work completed or shall notify the permit holder wherein the work fails to comply with the land disturbance, erosion and sediment control plan as approved. Plans for land disturbance, stripping, excavating and filling work bearing the stamp of approval of the City shall be maintained at the site during the progress of the work. To obtain inspections, a permit holder shall notify the Department of Public Works at least two (2) working days before the following:
1. 
Start of construction;
2. 
Installation of sediment and erosion measures;
3. 
Completion of site clearing;
4. 
Completion of rough grading;
5. 
Completion of final grading;
6. 
Close of the construction season;
7. 
Completion of final landscaping.
Exception: Inspections conducted by the City Engineer related to construction and maintenance of City roadways.
a. 
Extra inspections. In addition to the inspections otherwise required, the City Engineer is authorized to perform and charge fees for extra inspections or reinspections which in their judgment are reasonably necessary due to non-compliance with the requirements of this code or work not ready or accessible for inspection when requested.
b. 
Permit holder inspection and report responsibilities — major land disturbances. The holder of a major land disturbance permit or his/her agent shall cause regular inspections of land disturbance sites by a qualified special inspector. Inspections shall include all erosion and sediment and other pollutant control measures, outfalls and off-site receiving waters in accordance with the inspection schedule outlined in the approved Storm Water Pollution Prevention Plan (SWPPP). Inspections must be scheduled at least once per week and no later than seventy-two (72) hours after heavy rain. The purpose of such inspections will be to ensure proper installation, operation and maintenance of Best Management Practices (BMP) and to determine the overall effectiveness of the Storm Water Pollution Prevention Plan (SWPPP) and the need for additional control measures. All inspections shall be documented in written form on weekly reports with copies submitted to the City at the time interval specified in the permit. Permit holder inspection reports must include the following minimum information:
(1) 
Inspector's name and signature;
(2) 
Date of inspection;
(3) 
Observations relative to the effectiveness of the Best Management Practices (BMPs);
(4) 
Actions taken or necessary to correct deficiencies; and
(5) 
A listing of areas where land disturbance operations have permanently or temporarily stopped.
The permit holder shall notify the site contractor(s) responsible for any deficiencies identified so that deficiencies can be corrected within seven (7) calendar days of the weekly inspection report.
B. 
Verification Of Permit Holder's Reports. The Department of Public Works may make extra inspections as deemed necessary to ensure the validity of the reports filed under Section 530.120(A)(7)(b) of this code or to otherwise ensure proper installation, operation and maintenance of storm water Best Management Practices (BMP) and to determine the overall effectiveness of the Storm Water Pollution Prevention Plan (SWPPP) and the need for additional control measures.
[Ord. No. 961 §1, 1-9-2008]
A. 
Permit Requirement. Except as provided in this Section, no person shall, without first obtaining a grading permit for such work from the City of Winchester, alter or cause to be altered the present surface of the ground:
1. 
By any cut or fill at any property line;
2. 
By any cut or fill that would permanently divert one drainage area to another drainage area;
3. 
By any cut or fill which would deposit mud or harmful silt or create erosion or damage in adjoining properties.
B. 
Application. Each application for a grading permit shall be accompanied by a grading plan showing, with contours normally at two (2) foot intervals, the elevation of the actual ground surface. Contours at closer intervals may be required as determined by the topography. Grading plans for parcels of land containing more than five (5) acres in area shall, in addition to the above, show surface water runoff calculations where necessary for the drainage area tributary above and including the property being graded.
C. 
Standards. No grading permit shall be issued where the City finds that the proposed work would result in a material change in the amount or pattern of surface water runoff to the substantial injury of neighboring public or private property or rights-of-way.
All grading operations shall be carried out in such a manner as to minimize inconvenience and harm to adjacent properties and property owners.
D. 
Subdivisions Of Land. No grading permit shall be required for the grading of land to be used for subdivision development where the City has previously reviewed and approved plans of the subdivision showing, as a minimum:
1. 
Contours of the natural ground surface;
2. 
Elevations of the proposed finished ground surface of each corner of each lot and at intermediate points on the lots where the slope of the ground surface changes or a plan of the proposed finished ground surface showing contours at a maximum of two (2) foot intervals;
3. 
Arrows indicating the direction of drainage;
4. 
Finished grade and elevation of all streets as approved by the City, sanitary sewers, storm sewers and other drainage facilities;
5. 
Elevations of tops of foundations;
6. 
Surface water runoff calculations for the drainage area tributary to and including the property being graded.
Information required under (1), (2) and (6) shall be shown on improvement plans. Information required under (3), (4) and (5) shall be submitted on either improvement or plot plans.
E. 
Commercial Or Industrial Development. No grading permit shall be required for the grading of land to be used for a commercial or industrial development where the City has reviewed and approved the development plan for such development showing contours of the natural ground surface at all corners of the parcel of land, at all corners of all buildings and at any intermediate point on the property where the slope of the proposed finished ground surface changes, elevations of tops of foundations, elevations and grades of adjacent streets, elevations and grades of all storm sewers or other drainage facilities and surface water runoff calculations for the drainage area tributary to and including the property being graded.
F. 
Elevations Certified. Any building being erected or constructed in reclaimed flood plain area other than alterations or additions to existing residences shall be laid out, staked and approved elevations and foundations certified by a registered engineer or land surveyor, licensed in the State of Missouri, before approval of the required foundation inspections can be given by the Director of Public Works.
G. 
Site Grading And Storm Water Regulations. The City Engineer shall formulate regulating criteria and specifications to adequately control the effects of site grading, storm water allocation and modifications from the original conditions.
[Ord. No. 961 §1, 1-9-2008]
As used in this Chapter, the following definitions apply:
ALLEY
A secondary means of ingress or egress serving more than one tract of land and used primarily for vehicular service and which may be used for public utility purposes.
BENCH MARK
A definite point of known elevation and location and of more or less permanent character. The identity and elevation shall be based on United States Geological Survey (U.S.G.S.) datum. Bench marks established from 1981 Metropolitan St. Louis Sewer District (MSD) bench mark loop system and Missouri Highway and Transportation Department (M.H.T.D.) bench marks or temporary bench marks established thereon are acceptable.
BLOCK
An area of land surrounded by public highways, streets, streams, railroad rights-of-way, parks, rural land, drainage channels or other similar areas or facilities.
BUILDING LINE (SETBACK)
A line or lines on a plat designating the area outside of which buildings may not be erected, except landings, open balconies and roof overhangs, as permitted in the zoning ordinance.
COMMON LAND
That land set aside for open space, including storm water retention lakes, ponding or recreational use for the owners of lots in a subdivision, which land is conveyed in trust for the benefit, use and enjoyment of the lot owners.
DETENTION
The temporary storage of the differential runoff of storm water by providing permanent facilities, such as dry reservoirs, ponds or other acceptable alternatives.
DEVELOPER
That person, firm or corporation by whom a tract will be subdivided and improved pursuant to the requirements of this Chapter.
EASEMENT, PRIVATE ROADWAY
A designated vehicular accessway for the servicing of individual lots within a large lot subdivision.
EASEMENT, ROAD IMPROVEMENT, MAINTENANCE AND UTILITY
A grant by a property owner to the City, County, State or Federal Government for the purpose of road improvement and widening, road maintenance, sidewalks, public or private utilities and sewers.
EASEMENT, STORM WATER CONTROL
A grant by a property owner to the County or MSD for the purpose of storm water control.
EASEMENT, STORM WATER CONTROL ACCESS
A grant by a property owner to the County or MSD providing access to storm water control facilities for maintenance purposes.
EASEMENT, UTILITY
A grant by a property owner to a public or private utility company for the purpose of installation, improvement and maintenance of public or private utilities.
ENGINEER
A professional engineer registered in the State of Missouri.
ESCROW AGENT
A title company, bank, savings and loan association, trust company, attorney or any other person or agency approved by the City Attorney to act as escrow agent under the provisions of this Chapter.
F.E.M.A.
Federal Emergency Management Agency.
FLOODPLAIN
That area within the unincorporated area of St. Louis County subject to a one percent (1%) or greater chance of flooding in any given year. This area is designated on the F.E.M.A. Flood Boundary and Floodway Maps.
FRONTAGE
That edge of a lot bordering a street.
GRADING
A land disturbance activity that reshapes the ground surface through excavation and/or fill of material.
HIGHWAY
See "STREET".
IMPROVEMENTS
Street pavement, turning lanes, traffic signals, bridges and culverts, sidewalk pavement, pedestrian way pavement, water mains, fire hydrants, storm sewers and roadside drainage ditches, erosion, siltation control, sanitary sewers, signs, monuments, landscaping, street lights and other similar items.
LAND DISTURBANCE CODE
Land Disturbance Code as approved by the Board of Aldermen of the City of Winchester.
LAND SURVEYOR
A land surveyor registered in the State of Missouri.
LOT
A parcel of land created under the provisions of this Chapter intended to be separately owned, developed or otherwise used as a unit.
LOT AREA
The total horizontal surface area within the boundaries of a lot exclusive of any area designated for street purposes.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersection.
LOT, DOUBLE FRONTAGE
A lot having frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
LOT, FLAG
A residential lot with two (2) discernible portions described as follows:
ACCESS PORTION — That portion of the lot having frontage on or abutting a public road with the frontage being sufficient in width for a private drive to serve the building site portion.
BUILDING SITE PORTION — That portion of the lot not fronting on or abutting a public road but connected to a public road by the access portion of the lot. The building site portion of the lot must meet the minimum dimensions and area requirements for lots in the particular zoning district.
LOT SPLIT
Any minor subdivision wherein the division or redivision of land meets the criteria set forth in the Winchester Municipal Code.
M.H.T.D.
State of Missouri Highway and Transportation Department.
MSD
The Metropolitan St. Louis Sewer District.
MONUMENT
A permanent marker to be made of materials and placed by a land surveyor.
PARKING BAY
A paved vehicle storage area directly adjacent to the multiple-family access street pavement.
PEDESTRIAN WAY
An easement or right-of-way designated to facilitate pedestrian access to adjacent streets and properties.
RIGHT-OF-WAY
A strip of land reserved or acquired by dedication, prescription, condemnation, gift, purchase, eminent domain or any other legal means occupied or intended to be occupied by a street, sidewalk, railroad, utility, sewer or other similar use.
ROAD, ROADWAY
See "STREET".
SETBACK
See "BUILDING LINE".
SILTATION CONTROL
The installation of such devices as sediment ponds, bales of straw, fencing, siltation webbing, sodding, seeding and mulching or other devices to prevent silting of abutting properties and roadways during the period of construction and up to and including such time as permanent ground cover is attained.
SLOPE
The rate of deviation of the ground surface from the horizontal as expressed in percentages.
STREET
A general term denoting a public or private way which affords the principal means of vehicular access of abutting property. The term includes all facilities which normally occur within the right-of-way; it shall also include such other designations as highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place and court but shall not include an alley or a pedestrian way.
STREET, COLLECTOR
Collector streets function as secondary land service streets in that they move traffic from the major streets, which distribute traffic regionally, to minor streets, which distribute the traffic to individual lots, parcels and uses within the subdivision, area or neighborhood. Collector streets also may serve individual lots, parcels and uses as a secondary or additional function.
STREET, CUL-DE-SAC
A short, independent, minor street terminating in a circular turnaround.
STREET, FRONTAGE OR SERVICE
A minor street generally parallel to and adjacent to arterial streets and highways, which provides access to abutting properties and protection from through traffic.
STREET, LOOP
A short, independent street which usually terminates along the same collector street of its origin.
STREET, MAJOR (ARTERIAL)
A street utilized for high vehicular speeds or for heavy volumes of traffic on a continuous route.
STREET, MINOR
Minor streets are exclusively land service facilities for access to abutting properties. These serve the local neighborhood and may be in the form of a cul-de-sac or loop street; provided however, that any combination of loop and cul-de-sac streets may be utilized without the streets being designated as collector streets provided that such an arrangement serves the same function and also that the maximum fronting lots do not exceed the total which would be allowed within the provisions of the street specifications matrix.
STREET, MULTIPLE-FAMILY ACCESS
A private way or driveway which affords a means of vehicular access to parking areas and bays and to abutting buildings in a multiple dwelling unit subdivision.
STREET, PRIVATE
A private way which affords the principal means of vehicular access to abutting property.
SUBDIVISION
A subdivision is:
1. 
A multiple-family subdivision;
2. 
The division or redivision of tract or tracts of land wherein:
a. 
Any resulting lot or tract is less than ten (10) acres in area; or
b. 
Any resulting side of a lot created by a division is less than two hundred (200) feet in length, unless such side is the original boundary of the original, legally existing tract.
3. 
Dedication of a new street right-of-way; or
4. 
Non-residential subdivision.
SUBDIVISION, LARGE LOT
A single-family residential subdivision wherein all lots are three (3) acres or more in area and each boundary side is greater than two hundred (200) feet in length.
SUBDIVISION, MINOR
Any classification of a subdivision wherein the division or redivision of land meets the criteria set forth in the Winchester Municipal Code.
SUBDIVISION, NON-RESIDENTIAL
Either:
1. 
A division or redivision of tract of land into more than one (1) lot, plat or site for commercial or industrial purposes; or
2. 
The dedication or establishment of a street, alley or pedestrian way in conjunction with or use in any such tract.
SUBDIVISION, RESIDENTIAL (SINGLE-FAMILY)
A subdivision for single-family residential purposes wherein any resulting lot, plat or site:
1. 
Has less than three hundred (300) feet of frontage on a street built to City standards;
2. 
Is ten (10) acres or more in area but not located on a street built to City standards with any side being less than three hundred (300) feet in length;
3. 
Is so proposed as to include the dedication or establishment of a street, alley or public way in conjunction with or used in any such tract, or the designation of any additional private roadway easement which serves as the principal means of access to any adjoining properties; or
4. 
Is less than ten (10) acres in area.
SURETY COMPANY
An insurance company qualified and acting under the provisions of Chapter 379, RSMo., which has met the requirements of Section 379.020 RSMo., thereof and which is approved by the City Attorney.
TITLE COMPANY
A corporation qualified and acting under the Missouri Title Insurance Law or a corporation which is an issuing agency for an insurance company insuring land titles.
TRACT
An area or parcel of land which the developer intends to subdivide and improve or to cause to be subdivided and improved pursuant to the requirements of this Chapter.
TRUST INDENTURE
Any recordable instrument by which common ground is held or maintained or assessments in a subdivision are levied for the administration of specific maintenance obligations or both.
ZONING ORDINANCE
Chapter 405 of the Winchester Municipal Code, as from time to time amended, which controls and regulates zoning for the City of Winchester.