[1]
Editor's Note: Pursuant to Section 493.050, Missouri Revised
Statutes, a public hearing of the Planning Commission was held on
October 20, 1988, to ratify the 1966 APWA as used by Pleasant Valley
under its Ordinance 334 and to approve and ratify the provisions of
an Ordinance 1361 dated April 18, 1988, of General Provisions, Construction
and Material Specifications and Standard Specifications and Design
Criteria consisting of ninety pages with the 1966 Edition of Missouri
Standard Specifications for State Roads, Materials, Bridges, Culverts
and Incidental Structures. The hearing was held and the Planning Commission
issued its favorable recommendation.
[Ord. No. 1411 §1, 11-7-1988; Ord. No. 1574 §§2 — 3, 9-3-1991; Ord. No. 1977 §5, 6-1-1998]
A.
In General. All the provisions of the following documents
and Codes are hereby adopted and incorporated by reference as though
fully set forth at length as authorized by Section 67.280, Missouri
Revised Statutes, 1983, and as of the effective date of this Article,
November 7, 1988, shall be in full force and effect in the City of
Pleasant Valley, with any modifications as the City shall from time
to time make by ordinance. Three (3) copies of said documents and
codes will be made available at all times and filed with the City
Clerk and may be examined and are available at the City Hall during
regular business hours or may be borrowed upon a deposit of twenty-five
dollars ($25.00) as security for return, or may be purchased for the
current replacement cost, if available copies are on hand.
B.
Adoption Of Codes And Standards.
1.
Code entitled "General Provisions and Covenants, Division
I", prepared by the Public Works Department, City of Kansas
City, Missouri, Document 89528 approved and adopted August 19, 1975,
hereinafter referred to as "Division I" for brevity,
amended as to Section 1115 to define "City or owner" to mean the City of Pleasant Valley, Missouri, a Fourth Class Municipal
Corporation of Missouri, and Section 1122 "Director of Finance" shall mean the person designated by the Board of Aldermen as "Director".
2.
Codes entitled "Division II: Construction and Materials Specifications", Sections 2000 through 2900 inclusive: "Division III: Standard
Drawings"; "Division V: Design Criteria", Storm Drainage Systems, Section 5600 and Street Lights, Section
5800; hereinafter referred to as "Division II", "Division
III", and "Division V" for brevity, all
prepared by the Public Works Department, City of Kansas City, Missouri,
Document 88738 adopted June 12, 1974, amended in Section 2200 "Paving" to eliminate authorization of materials that include
fly ash as mentioned in 2203.5 and 2203.6 or elsewhere.
3.
Standards and Codes dated February 19, 1986, entitled "Packet
of Standards", containing ninety (90) pages as prepared by
Kansas City, Missouri Department of Public Works containing: I —
Standard Drawings; II — Resolutions; III — Design Criteria;
IV — Specifications; V — Policies; VI — Ordinances;
bound into one (1) volume with City of Pleasant Valley substituted
for the City of Kansas City as the entity and the person designated
by the City of Pleasant Valley substituted for the City Engineer,
or Director of Public Works.
4.
Regulations for the residential subdivision of land prepared by the
Kansas City Metropolitan Chapter of the American Public Works Association
1966, copy on file in the City offices and incorporated by reference,
as in use under Ordinance Number 334.
5.
The Missouri Standard Specifications for State Roads, Materials,
Bridges, Culverts and Incidental Structures, 1961 Edition, as adopted
by Ordinance Number 239, copy which is incorporated by reference and
on file in the City offices.
C.
As additions to the Codes in Subsection B (1,2 and 3) above or requirements by the City of Pleasant Valley in its adoptions of these three (3) Standards and Codes, the City of Pleasant Valley makes the following specific references to override anything to the contrary or conflicting with respect to the following items:
1.
Street name sign posts. Developer shall furnish
and install all posts needed for street name signs. Street name sign
posts shall be set at such a height that they may be used to support
stop or other signs where appropriate. Posts shall be a channel or
modified channel section of rerolled rail steel or equivalent steel
conforming to the mechanical requirements of ASTM A499, Grade 60 and
to the chemical requirements of ASTM A1. Posts shall be not less than
twelve (12) feet in length and weigh not less than twenty-one (21)
pounds per foot. Posts shall be galvanized in accordance with the
requirements of AASHTO M111.
2.
Easement grading. All necessary grading within street
right-of-way limits and/or easements shall be completed prior to starting
building construction.
3.
Excavation. No excavation will be permitted in any
subdivision until final approval has been granted by the Board of
Aldermen by ordinance and approved by the Mayor.
4.
Bonds. Acceptable performance and maintenance bonds
shall be provided, each in the amount of the contract price of improvements
within City owned right-of-way and/or easements. Performance bonds
shall guarantee completion of the improvement by the developer and
his/her surety. Maintenance bonds shall guarantee the improvement
against defects in workmanship and materials for a period of three
(3) years from the date of acceptance of such improvement. Performance
bonds shall be filed with the Building Official prior to beginning
any construction. Maintenance bonds shall be filed with the Building
Official prior to the acceptance of the improvements by the City.
5.
Street names. City reserves the right to name all
streets.
6.
New interior access drives or shared access drives (driveways). See Section 400.250, "Off-Street Parking Construction Requirements", for the necessary requirements.
7.
Street lighting. Street lights shall be in accordance
with APWA Section 2800.
8.
Residential curbs. Residential curbs shall be Standard
Plan CG-2, roll back curb, except in special cases other standard
plans submitted by written request may be permitted when approved
by the Building Official in writing.
9.
Streets. New streets shall be constructed of four
(4) inches of stabilized aggregate base on compacted earth subgrade
with two (2) inches of Type 1 asphaltic concrete base material and
two (2) inches of Type 2 asphaltic concrete surfacing or six (6) inches
of Type 1 asphaltic concrete base material on compacted earth subgrade
with two (2) inches of Type 2 asphaltic concrete surface material.
Earth subgrade shall be scarified to a depth of six (6) inches and
compacted to ninety-five percent (95%) of standard maximum density.
10.
Sidewalks. Sidewalks shall be constructed on both
sides of streets in new subdivisions.
a.
Concrete Mix: Concrete shall conform to the requirements
of MCIB Mix No. WA-610-1-4, except during very high temperatures (over
ninety-two degrees (92°)) and with approval of the Building Official
a 517 mix may be used for sidewalks.
b.
Curing: As soon as practical after the concrete
is finished, it shall be cured with K.C. White Class II, Type 1, No.
TT-C-800A.
11.
Submittal of plans. Developer shall pay costs for
review of plans submitted more than two (2) times.
[Ord. No. 1411 §2, 11-7-1988; Ord. No. 2742 §1, 6-19-2006]
A.
The
Codes, Divisions I, II, III, V, and Packet of Standards adopted by
reference include various Sections on the powers and duties of the
Building Official, permits, inspections, approvals, fees, appeals
and violations. Where each specific Code adopted has sufficient internal
provisions, those terms will be used and be exhausted or followed
in order to fully carry out the intent and provisions of each separate
Code.
B.
Where
each or any Code requires a supplemental provision or there is not
a provision to allow administration, organization, enforcement, permits,
fees and inspections, this Article establishes that the "Building
Official" appointed by the Board of Aldermen of the City
of Pleasant Valley is hereby authorized to administer, enforce, and
to perform all the duties and exercise all the powers of administration,
inspection, enforcement and to grant approvals of all applications
and plans that are the subject of the respective Codes.
C.
Where the fees and costs are provided or specified under the separate Codes, those will apply, and where no fee is specified, the Board of Aldermen shall and does publish with this Article a schedule of fees and charges, set out in Section 505.050. If any such fee or charge is challenged as being unauthorized or illegal because it exceeds some prior scheduled fee which is restricted from increase without a favorable vote of the citizens, the fee shall be fixed at the amount previously in force within this City under its ordinances prior to the effective date of the law commonly referred to as the Hancock Amendment, until voter approval for increase is obtained. Such prior fees and charges under prior ordinances are specifically retained and not repealed notwithstanding anything otherwise herein provided.
D.
Where
any Code does not include its own review or appeals procedure, there
is hereby created a Board of Building Appeals consisting of three
(3) members who are qualified to pass upon the suitability of plans,
materials, methods, interpretations of the Codes, and to pass upon
matters where the Building Official has granted, refused, denied or
otherwise rejected an application or request for approval. The appeal
shall be filed in writing with the Building Official within thirty
(30) days of the approval, denial or refusal. The Board of Building
Appeals shall be appointed by the Board of Aldermen and serve at the
pleasure of the Aldermen, with the Building Official to act as Secretary
and ex-officio member. The Board of Building Appeals may adopt reasonable
rules for its investigations and hearings and shall render its decisions
in writing to the Building Official with a copy to the applicant by
regular mail at the address shown on the application.
E.
Any
person aggrieved by the ruling of the Building Official or the Board
of Building Appeals may appeal first to the Board of Building Appeals
and thereafter may pursue an administrative review to the Circuit
Court of Clay County, Missouri, as provided by the Statutes and Supreme
Court Rules of the State of Missouri. The aggrieved party shall deposit
an appeals fee of fifty dollars ($50.00) for an appeal to the Board
of Building Appeals, and for the administrative review those fees
required by the Circuit Court of Clay County, together with the costs
of the City of Pleasant Valley to prepare the record of the appeal
at one dollar ($1.00) per page.
[Ord. No. 1411 §4, 11-7-1988]
If any Section, Subsection, sentence, clause or phrase of any
Technical Code or of this Article is for any reason held to be invalid,
such decision shall affect the validity of the remaining portions
of this Article. Any part or Section of this Article hereinafter found
to be in conflict with the provisions of the laws of Missouri or any
other ordinance or law of the City of Pleasant Valley shall be read,
construed and executed to conform with Missouri law and with respect
to City ordinances and the most stringent construction shall apply.
[Ord. No. 1411 §6, 11-7-1988]
A.
For
any violation of this Article including violation of any Technical
Code adopted by reference, the owner or general agent of the property
where a violation of this Article shall exist, shall immediately stop
the violation, make corrections to conform to this Article, and be
guilty of a misdemeanor punishable by a fine of not more than five
hundred dollars ($500.00) and imprisonment for not more than ninety
(90) days, or both, such fine and imprisonment for each and every
day that such violation continues. Any such persons who, having been
notified of violations under this Article, shall continue to violate
the provisions of this Article by failing to comply within ten (10)
days after notice shall also, in addition to the criminal penalty,
be subject to a civil penalty of one hundred dollars ($100.00) per
day and the reasonable attorney fees required to enforce compliance
and collection of the penalty herein provided. Every day before and
after conviction of any person for violation of this Article shall
be a separate and distinct offense for which a person may be again
arrested, tried, convicted and punished as in the past instance.
[Ord. No. 1411 §7, 11-7-1988]
Filing And Inspection. The final plats submitted
for proposed subdivisions shall be accompanied by a minimum fee of
five dollars ($5.00) per lot and in no case shall exceed a total of
twenty-five dollars ($25.00).
